Kānāwai Māmalahoe The Law of the Splintered Paddle

and the

State of Hawai’i Kānāwai Māmalahoe is “enshrined” in the Hawai’i State Constitution, Article 9, section 10, as follows: Section 10. The law of the splintered paddle, mamala-hoe kanawai, decreed by Kamehameha I--Let every elderly person, woman and child lie by the roadside in safety--shall be a unique and living symbol of the State’s concern for public safety. The State shall have the power to provide for the safety of the people from crimes against persons and property. [Add Constitutional Convention 1978 and election Nov 7, 1978]

The Honolulu Police Department uses Kānāwai Māmalahoe in the center of its badge:

“In the heart of the badge are two crossed paddles and a triangular flag on a green field. The paddles symbolize the Law of the Splintered Paddle or “Mamala Hoe Kanawai”, which was decreed by Kamehameha I, circa 1782, to protect travelers from wanton attack.” -HPD website: http://www.honolulupd.org/hpd/hpdbadge.htm

Kānāwai Māmalahoe The Law of the Splintered Paddle E nā kānaka, E mālama ‘oukou i ke akua A e mālama ho‘i ke kanaka nui a me kanaka iki; E hele ka ‘elemakule, ka luahine, a me ke kama A moe i ke ala ‘A‘ohe mea nāna e ho‘opilikia. Hewa nō, make. —Kamehameha I

O people, Honor and care for God; Respect the rights of powerful and humble people as the same; May our aged, our women, and our children Go forth and lay upon any path Without being harmed or troubled. Disobey, and die

 

The  State  of  Hawaiʻi has acknowledged Kānāwai Māmalahoe and used it as its own symbol.

It is therefore beholden to the consequence of the Kānāwai.

Kānāwai Māmalahoe has never been repealed.

It is the law of this land.

Kānāwai Māmalahoe, or Law of the Splintered Paddle, was declared by King Kamehameha I in the late 1700s. While chasing two fishermen (presumably with the intention to kill them), his leg was caught in a fissure. One of the fisherman, Kaleleiki, hit him mightily on the head with a paddle in defense, which broke into pieces. Kamehameha was able to escape. Years later, the same fisherman was brought before Kamehameha. Kamehameha ruled that his own abuse of power that had been the crime, and so the Law of the Splintered Paddle was declared, sparing Kaleleiki, and also sparing himself from the judgment of the common people of Hawai’i (who have always been known to be intolerant of bad government). It should be noted that Kamehameha was articulating a concept that had existed long before his time. In story after ancient story, when a government proved abusive to its people, the people of Hawai’i have taken that government down. By uttering Kānāwai Māmalahoe, Kamehameha was acknowledging the power of the people to give power, or take it away. Today, we are living under a government that lacks legitimacy, under an illegal occupation. That government has tried to “flavor” itself with the legitimacy of our ancient laws. It is time for the State of Hawai`i to acknowledge its own illegitimacy, and either work cooperatively toward international resolution, or be brought down according to the ancient law of Hawai’i. Kānāwai Māmalahoe was intended to protect the people of Hawai’i from abuse by any governing power. According to this law, anyone who does not respect the right of any person to lay down in safety anywhere is subject to serious consequences. Any government that does not respect the rights of its people to safety from that government shall fall. It is time for the State of Hawai’i to respect the rights of the people of this land, or cease to exist. These rights include the exercise of traditional and customary practices of Hawaiians. We all have a duty to care for the land and the health and safety of the people.

According to Kānāwai Māmalahoe, anyone has a right to lie by the roadside, with or without shelter and without any harm befalling them.

Q: Why do you say that the State of Hawai’i lacks legitimacy? A: Hawaii achieved “Statehood” in 1959 through a domestic plebiscite (vote) of all its residents (even those who had just arrived) in which only two choices were given: become a State, or remain a Territory - in both cases, possessions of the United States. But the U.S. did not legally “own” Hawai’i to begin with. While resolution of a treasonous 1893 invasion of ‘Iolani Palace by a small group of armed sugar planters and businessmen, Hawai’i was declared a U.S. Territory in 1898, through a domestic congressional resolution. Hawai’i was not a party to this “deal” at all. This has the same validity as a marriage contract that is signed by only one spouse. Even in war, a treaty of surrender is required, but nothing of the sort exists in Hawai’i. However, the U.S. military and the State of Hawai’i continue to assert power through the use of force. In international law, this is referred to as the “de facto”, or illegitimate, power of a military occupation, as opposed to the “du jure” power of a legitimate government. Q: So what if Kānawai Māmalahoe is broken? A: Among those who believe in mana (spiritual power), the last shreds of spiritual legitimacy are destroyed by the public breaking of this important Kānāwai, especially as its power has been recognized on the constitutional level by the State itself. Upon recognition of this breach, it is the duty of the people as it has been since ancient times - to tear down the illegitimate, abusive government and replace it with a pono system that will better care for and protect the rights of its people. The “laws” of a spiritually dead government have no legitimacy at all. We ask for such false, abusive power to be (nonviolently, but very assertively) taken away by the people of Hawaiʻi. Q: Does Kānāwai Māmalahoe apply only to native Hawaiians? A: The term “kānaka” is often interpreted to refer to the native people, and there is certainly something particularly abhorrent about native people being pushed on to the beaches and streets and then abused in their own land, or harassed while conducting their ancient cultural practices, such as fishing. However, the intent of Kānāwai Māmalahoe was the protection of everyone -- every man, woman and child in Hawai’i, period. Human rights are for everyone.

Problems can only really be resolved when we restore Hawai’i’s independence. We need a legitimate government based on the values and principles from which Kānāwai Māmalahoe originated in the first place, respectful of the rights of all people. The time has come for real solutions based on a system of Aloha and Pono that has allowed people to thrive in Hawaiʻi for thousands of years.