TESTIMONY

OF

KATHERINE L. WILLES

The Hawaiians: Precious Part of the House of Israel

Mr. Chairman, Ladies & Gentlemen:

My name is Katherine Lilia Willes. My father's name is James Joseph DeCaires. My mother's name is Elizabeth Kaipoakalaninuiamamao Napoleon.I am a cosmopolitan. In my veins flow blood from nine different countries. I have oriental blood from Japan and China. I have European blood from Portugal, France and Great Britain. And I have Polynesian blood from Hawaii and Tahiti. It is the heritage of my Hawaiian people which beckons me here to testify today. It is my Hawaiian blood which I love and cherish most of all. Why? Because I love the fascinating heritage of my Hawaiian people. A heritage which goes back farther than 1820, when the first missionaries arrived in Hawaii. It goes back farther than 1778 with the European discovery of the Hawaiian Islands.

Through much study, I have learned the beautiful truth of the aboriginal ancestry of the Hawaiian people. Scholars and archaeologists disagree as to the origin of the Polynesians. It is clear in my mind because of my studies that the Hawaiian people are literal descendants of the House of Israel.

Let me tell you a beautiful story from a book called The House of Israel by E.L. Whitehead.

"According to tradition, Hawaii-loa, was the first man to set foot on the Hawaiian Islands. He came with only one canoe on his first voyage, but he discovered the nature ot the islands with its rich fertile soil, abundance of fruit and edible berries with bounteous fish and birds. He decided that this paradise would be ideal for his family. So he set sail for the mainland. Hawaiian legend called, KA-AINA-KAI-MELE MELE-A-KANE, and gathered his family, relatives and friends and returned to the islands."

Who is this progenitor of the Hawaiian people? Where did he come from?How do we know this to be true?

According to a book called HAWAIIAN ANTIQUITIES & FOLKLORE, Hawaii-loa on Hawaii-nui, came from KA-AINA-KAI-MELE MELE-A-KANE upon the continent of Kahiki-moe.

The Hawaiians were a very industrious, agricultural and fishing people. They were very religious and worshipped KANE, KU, AND L0N0....We have reason to believe that Hawaii-loa was a chief of a large ship built bya man named Hagoth -and launched it into the west sea.

In another book called the Book of Mormon, which is a true and accurate record of a migration of people from Jerusalem to the American Continent around 600 b.c., there is a story of HAGOTH who lived on the American Continent in 54 b.c. HAGOTH, a very curious man, decided to build ships shortly before the time of Christ. The story doesn't mention the fact that Hagoth's ships went to Hawaii. But, it infers that one of the ships built by Hagoth, landed its cargo safely somewhere in a land northward and returned. According to Mr. Bancroft, an eminent American

PAGE IIKATHERINE L. WILLES

Indian historian, there are a tribe of Indians now living in northern California, who tell a legend of the HOHGATES (compare name with Hagoth), seven in number, who first arrived there in a boat, (Native Races,Bancroft, VOL.III,p.117).

Because of the tradition amongst the Indians in Northern California, it is believed that Hawaii-loa and his crew did sail to the land northward in a ship built by Hagoth and may have landed at a point near Crescent City in California. There exists on the table-land of Point St. George, Crescent City, an immense bed of mussel shells and bones of animals.The Hohgates spent most of their time hunting and fishing. Undoubtedly, they were gathering supplies for another ocean voyage. Also in the legend, the seven mysterious Hohgates built their houses above the ground after the style of the white men. The Hohgates killed elk on the land, many seals and sea-lions in fishing excursions from their boats using a kind of harpoon made of a knife attached to a stick and the whole fastened to a boat with a long line. One day while they were out fishing, as the legend goes, they harpooned a huge sea monster. The Hohgates were swept away in a great whirlpool that lay far to the northwest. Just as their boat reached the edge of this fearful place, a marvelous thing happened, the rope broke and the sea monster was swept into a whirl of wind and water, while the Hohgates were caught up into the air, swinging round and round, their boat floated steadily into the vast ofheaven. The Hohgates were never heard of or seen again; but the Indians say there are seven stars in heaven that all men know of and these are the seven Hohgates.

(House of Israel,pp.436-437)

The "vast of Heaven" to the California mainland is westward and it was in that direction that Hawaii-loa, (the progenitor of the Hawaiian people) sailed. The California current flows down the west coast of North America and begins its circuit westward about the same region the Hohgate fishermen were entagled in the typhoon. With his (Hawaii-loa) boat comparatively helpless in the current, they became subject to the movement of the water and would eventually be carried to the region of the Hawaiian Islands. They could not get across the Equatorial Drift which runs directly westward through the epicenter of the California and Antartic currents; for the water of the northern current would carry them irresistibly westward.

As for the seven stars that all men know, it is well known by astronomers that the Hawaiians used the stars to guide them as they sailed across the Pacific Ocean. In Thor Heyerdahl's book, American Indians in the Pacific, he devotes several pages to the subject of "Astronomy and the Calendar System." In nearly all the Polynesian islands and among most of the American Indian tribes of North, Central and South America, their calendar year had its beginning with the rising of the Matariki Stars or betterknown as the Pleiades. Greek myth metamorphosed these stars as the sevendaughters of Atlas just as the Matariki stars are metamorphosed as the seven Hohgates. Is this more than just a coincidence? From all of thestars throughout Polynesia, why just this one group of stars chosen tobe the sign commencing the sideral cycle of the calendar year? Not only for the Polynesians but for the American Indians as well?

PAGE IIIKATHERINE L. WILLES

Why is all of this so beautiful? Why would I find it necessary to tell you these things? How could this knowledge help my Hawaiian people gain back that which was rightfully ours?

I know that it has helped me to find my identity as a Hawaiian. Although I love this country, I love the freedom and the heritage of the United States of America, there were a few individuals who were selfish and greedy. When the Hawaiian people gave from their hearts, these few men took and never returned anything. Now many years have passed, Hawaii has become heavily populated, condominiums and high rises block the tradewinds from cooling the land, the waters surrounding our fair islands have become polluted.Never would my ancestors take more from the sea than they needed, never would they uproot a Ti-leaf plant without planting another in its place.They were a kind and loving people. It is love, ALOHA, which dwells in the hearts of many Hawaiian people.

TO THE HAWAIIAN PEOPLE:You are choice in the eyes of our Father in Heaven. We are a peculiar people. No people on the face of this earth that I know of has such a blessed and beautiful heritage. I know that we are the children of the House of Israel. I know and I want you to know that you are a direct descendant of Abraham. Abraham, in the Old Testament who was blessed with a threefold promise, that the Lord "will make of this a great nation."(Gen. 12:12)

Do not stop fighting for what is rightfully ours. Let us show the government of the United States of America that we are intelligent and levelheaded and able to handle more than a billion dollars to be given to a select group of Hawaiians to be fairly distributed to the Hawaiian people, and it doesn't matter if you are full-blooded Hawaiian or not. May our people have the necessities of life, food, shelter, jobs and education.

MR. CHAIRMAN & SENATOR INOUYE:

I sincerely hope that you will help the Hawaiian people. I sincerely hope that when you appeal to the Congress of the United States of America that they will listen. Much has been taken from the Hawaiian people, from our American Indian cousins. It is time we receive something in return.

Mahalo and Aloha,

Katherine L. Willes

TESTIMONY

OF

RUSSELL APPLE

1049 Mokapu Blvd. Kailua, H I 96734

Testimony before the U. S. Senate Interior & Insular Affairs Committee Honolulu, HI

My name is Russell A. Apple. I am a professional Historian who has worked in the field of Hawaiian history since 1953. This testimony is as a private citizen. Clearance from my employer, the United States Department of the Interior, for this testimony has been obtained as per Part b78 (Nonofficial Expression) of the Department of the Interior Department Manual.I hold a Master's Degree in Hawaiian History from the University of Hawaii. My Master's thesis covered Hawaiian land matters. I have completed all requirements for a PhD. in Pacific Anthropology at that institution except for completing the dissertation. With my wife, I have co-authored a column on Hawaiian history that has appeared weekly since 1969 in the Honolulu Star-Bulletin.

I list a series of related 19th century situations and events which are concerned with Hawaiian land matters and which appear to lead to a historical conclusion.

1. The Kingdom of Hawaii was the legitimate owner of the Government land granted it in the series of land transactions known as the Great Mahele; and Her Majesty Queen Liliuokalani was the legitimate owner of the Crown land retained in the Great Mahele by Kamehameha III.The continuity of the government since 1810 and the orderly succession of the monarchs are not in question, nor is the legality of the Great Mahele.

2. After the overthrow of Queen Liliuokalani on January 16, 1893, the revolutionaries formed what they termed the Provisional Government.The Provisional Government took possession of the Government land of the Kingdom of Hawaii, and took possession of the Crown land from the Queen. Queen Liliuokalani protested the overthrow of the crown, and questioned the legitimacy of the Provisional Government, and of its acts.

3. In its bid for annexation by the United States in 1893, the revolutionaries offered to give the Government and Crown lands of Hawaii to the United States.

b . In the light of conflicting reports concerning the involvement ofUnited State officials and troops in the revolution, and other matters, the President of the United States, Grover Cleveland, withdrew the pending annexation treaty from the U. S. Senate; and sent James H.

Blount of Georgia to Hawaii to investigate the reports.

Blount saw that the U. S. troops, still on duty in Honolulu when he arrived on March 29, 1893, returned to their ships in Honoluluharbor. He saw that U. S. flags were lowered fro™, official flagpoles ashore. His report to President Cleveland said that U. S. Minister Stevens and troops from the U. S. S. Boston had assisted in the overthrow of the Monarchy. Blount recommended that the Monarchy be restored.

6. The Provisional Government of Hawaii became the Republic of Hawaii in 189U and took possession of the Government and Crown land of Hawaii.

7. In the "Joint Resolution to Provide for Annexing the Hawaiian Islands to the United States," approved July 7, 1898, the Republic of Hawaii ceded and transferred to the United States "the absolute fee and ownership of all public, Government, or Crown lands . . . belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereto appertaining."

It is my opinion that the government of the Republic of Hawaii was not the legitimate owner of the Goverment or Crown lands of Hawaii, and that the United States of America knowingly accepted illegally acquired lands.

Russell A. Apple

2

2/7/75Hawaii's Crown Land

1/1/l/1

an Illustrated Talk prepared and presented by Russell A. Apple, Pacific Historian, National Park Service, USDI.

This talk is a portion of the illustrated talk prepared 1/24/71 by Apple and entitled "Lands, Parks and Hawaiians," which has been presented to numerous Hawaiian groups on several Hawaiian islands.

The. Hawaii Islands as Captain James Cook

discovered them in 1778. Let's look at

how the Hawaiian people organized and

used their land.

For control and management, Hawaiians

divided their islands into divisions.

For instance, the Island of Oahu was

divided, starting from the top and going

clockwise, into these divisions --

1. Koolauloa

2. Koolaupoko

3. Kona

4 . Ewa

5. Waianae, and

6. Waialua

Since then, Kona no. 3 has acquired the

names of Waikiki and Honolulu, and

Wahiawa has been created out of portions

of Ewa no. 4, Waianae no. 5, and Waialua

no. 6.

2/2/2/2

In turn, large land divisions were sub

divided into that unique Hawaiian land

unit known as the ahupua'a. Ahupua'a

were of different sizes. An ahupua'a is

not a measure of land, such as an acre

is. A small ahupua'a contained perhaps

a hundred acres, but a large one might

contain 100,000 acres. Here are some of

the ahupua'a of Koolauloa, of O 'ahu.

Kahuku is the big one, and Opana the

smallest.

This is a schematic concept of an ideal

ahupua'a. It extended out in the water --

and the offshore waters were part of the

ahupua’a as a land management unit.

The chiefs, priests and people who lived

in an ahupua'a had certain rights in the

products of the land and water. Each

individual was entitled to a share of■xn/sT c ū i/z-eS?

what he produced. The products

went up the line to the chiefs, for their

support. Hawaiian chiefs were the closest

living relatives to the gods, and their

right to absolute ownership was never

challenged or denied them.

3/3/3/3

When ruling chief Kamehameha the Great

conquered the Hawaiian islands, a job

not completed until 1810, he used this

ancient land system. For his own personal

use he kept the best lands, and assigned

the use of the rest among his warrior-

chiefs. The warrior chiefs, in turn,

divided their lands and awarded their staff members with landlordships.

Temporary landlordship — a spoils system

wherein the conquering chiefs and their friends benefitted — did not affect

s o m e t i m e scommoners, except they^experienced a change in landlords. Commoners usually

stayed within their home ahupua'a. Over

generations, families associated as perpetual tenants with small parts of

ahupua'a — lands where they lived and grew taro and breadfruit. They were legally tenants — but so essential to

the welfare of their landlord that commoners were usually left alone on their land.

All the Hawaiians, from the high chiefs down to the tenant commoners, owed and

4/4/4/4

paid taxes and gave gifts to Kamehameha

the Great. This tax was not only in kind — the products of the land and sea — but

services as well.

Kamehameha the Great owned all of Hawaii’s

land — the whole pie. In absolute fee.

Any person who had dared disagree was dead. The crown signifies crown land.

Liholiho, Kamehameha II, inherited his

father's absolute powers, and with it

all of Hawaii's land. When Kamehameha II

died in London in l824 .... .

his brother, a nin-year old son of

Kamehameha the Great became king.;

Kamehameha III was a boy when he became

king and inherited all of Hawaii's land.

By the time Kamehameha III became a man

and able to run his own kingdom, he had

been acculturated — brainwashed partially

if you will — by the Americans and

Englishmen in leadership position is his

kingdom. Foreigners from America and

5/5/5/5

Europe living in Hawaii believed in

possessing lands in fee simple — and

Americans not only resented a king owning

the lands they lived and worshipped andA

did business on, but resented the concept

of monarchy.

Foreigners in these lands, sometimes

supported by warships in Honolulu harbor,

forced the King and his council of chiefs

to change, along with others, Hawaii's

land policies. This led to the 1839

"Bill of Rights,” which among other

things protected private property and

stopped landlords from throwing tenants

off land without good cause. About 1840,

Hawaii went from a absolute monarchy to

a constitutional monarchy, and with the

guidance of its American writers,

Hawaii's first constitution declared that

Kamehameha the Great really didn't own

the land after all. It was not his private

property, the constitution said,

6/6/6/6

. . . it belonged to the chiefs and

people in common. Daring his reign,

the theory went, Kamehameha the Great

had been just the trustee, and the

manager of the people's land.

So was KamehamehaIII just the trustee

and manager of the people's land. The

way was set, the philosophy expounded,

for the Great Mahele.

The concept of the Great Mahele was

sold as a great, noble idea. This pie

chart shows how it was supposed to

work. The king picked his own land —

the best. This was to be the Crown Land.

It was to support the throne.

Of the rest . . . one third was to go to

the government.

One third was to go to the chiefs

and the commoners, the hu, the makaainana,

7/7/7/7

were to get the last third. The idea

said was a nice neat, tidy, fair,

distribution of land. But here's what

actually happened.

In the Great Mahele, the King, Kamehameha

III, took one million acres of the best

land, as his personal property, as

crown land. We'll talk more about this

crown land later.

In the Great Mahele, the Kingdom of

Hawaii, that is the government, got one

and a half million acres. This consisted

of 769 individual parcels on the islands Maui, Molokai, Kahoolawe, Oahu,of Hawaii, Kauai and Niihau. Many Hawaiians

lived on these lands. This is called the

Government land. The crossed kapu sticks

signify Government Land.

In the Great Mahele, two hundred and forty of the highest ranking chiefs got

one and a’’nali‘'"xriliiion acres'^ Most of

the estate and private lands of today

come from this source.

8/8/8/8

In the Great Mahele, 30,000 acres --

some of it was good agricultural

land — went to commoners.

That's right, 30,000 acres -- less than

one percent of Hawaii's total land.

Back to the Crown Land. His million acres

were selected by Kamehameha III. This

crown land consisted of 138 individual

parcels of various sizes on the islands

of Hawaii, Maui, Molokai, Oahu and Kauai.

Many Hawaiians lived on these lands. On

March 8, in the Great Mahele Book, his

majesty retained for himself, his heirs

and successors forever, quote "my lands

. . . these lands are set apart for me

and for my heirs and successors, forever,

as my own private property exclusively,"

unquote. It has been held by the courts

of Hawaii that he held perfect title.

(Harris v. Carter, 6 Hawaii 195 - 1877)•

As if that isn't definate enough, on June 7,

1848, Hawaii's Legislature ccnfirmed the

crown land as private property . . .

9/9/9/9

quote, "To be the private lands of his

majesty Kamehameha III, . . . to have

and to hold to himself, his heirs, and

successors forever; and said lands shall

be regulated and disposed of according to

his royal will and pleasure subjects only

to the right of tenants."

The rights of the King's tenants were

same as the rights of Hawaiian tenants

on the chiefs' lands, or on the govern

ment lands. They could own the small

plots on which they lived and grew taro.

If ... .

If they could get the money to survey the

boundaries; get the money to hire a lawyer-

type to handle the paper work, and so on.

But if the commoner died without heirs,

the land went back to the original owner.

As said before, only 30,000 acres ever

went to commoners under the Great Kahele

program.

Kamehameha IV did what he wanted with the

Crown Lands. He sold a bit there, rented

10/10/10/10

a bit here, and mortgaged a bit over

there.

And so did Kamehameha V. That is, up to January 3, 1865, when a haole dominated

government renigged on the Crown Lands.The Government said that the King did

NOT own the Crown Lands, but only held

them in trust. No more selling, no more

leasing, no more mortgaging, without

legislative approval.

Perhaps one reason Kamehameha V may have

been willing to give a little on his

rights to the Crown Lard, was a trade,

with the legislature. Kamehameha V got

the Constitution he wanted in 1864. The

1864 Constitution made the King the boss of the government. Kamehameha V ran

Hawaii the way he wanted to . . .

and so did King Lunalilo . . .

and so did, for a time, King Kalakaua.

But Kalakaua ran into opposition right

here in Honolulu -- opposition from

businessmen ana sugar planters with

11/11/11/11

strong economic ties to America. King

Kalakaua was forced to sign, some say

with a bayonet at his throat, a new

constitution, which made the monarch

just a ceremonial head of state.

From then after, King Kalakaua was

good only for the parades and ceremonies

at the Iolani Palace he built, but not

good enough to run Hawaii, according to

the downtown Honolulu business interests.

It was when Queen Liliuokalani tried to

throw out the bayonet constitution forced

on her brother Kalakaua, that she was

overthrown. Her majesty tried to restore

the constitution of 1864. Her overthrew

was accomplished under the guns of

United States warships, with the help

of the U. S. Minister, and in the presence

of the U. S. Marines.

termed in most history books as the

Provisional government — took from the

Queen her Crown Lands . . .

The revolutionary government

12/12/12/12

. . . and added then to the Government

lands. The combined lands were then

called variously the Government lands,

and/or the Government land and former

Crown Lands.

The Revolutionary Government turned it

self into the so-called Republic of Hawaii.

When adverse party politics in Washington

D. C. changed to favorable, and in the

light of the Spanish American War, Hawaii

was annexed. But part of the deal was

that Hawaii gave to the United States-. . .

I repeat, gave to the United States the

government land and Crown Land in fee

simple, to become the absolute property

of the United States of America.

Five-minute oral presentation

TESTIMONY

OF

LOIS B. PENNINGTON

Honorable Senator Johnston, Senator Inouye, Ladies &. Gentlemen:

All of the following comes from "Memoirs of the Hawaiian Revolution," by Sanford Dole, first President of the Provisional Government after the ouster of Hawaii's Queen.

Dole and his associates formed a "Committee of Public Safety" to use force against the Queen if she carried out her plans to promote a new Constitution.Dole wrote, "The feeling in favor of using force against the Queen finally prevailed. We knew that the United States minister was in sympathy with us."

Dole says the Queen held a meeting in regard to the new constitution. The meeting was told, to quote Dole directly, that "any changes in the fundamental law of the land will be sought only by methods provided in the Constitution itself."

Dole's group accepts force to bring about governmental change; the Queen plans to stick to lawful, Constitutional means. On the day of that meeting, the "Committee of Safety" requests the United States Minister, Mr. Stevens, to land a force from the USS Boston, then in Honolulu harbor. Armed sailors and marines came ashore that afternoon.

That evening, the Committee of Safety asked Dole to lead them in forming a Republican government with, to quote Dole, "A view of eventual annexation to the United States." Dole accepted. The next morning, one of Dole's group shot a Hawaiian policeman who was trying to stop a wagonload of ammunition.

After overthrowing the Queen that day, and proclaiming a republic, Dole senta letter announcing the action to the U.S. Minister who immediately respondedwith an already prepared letter recognizing the Dole government. He did not consult Washington. In his letter, Dole told the U.S. Minister that, becauseof the U.S. forces in town, the Royal forces would not fight the take-over----and ;they didn't.

Dole wrote that the Queen's written surrender to quote, "contained a protest against the presence of the American forces on shore and professed to yield... to these forces until such time as the United States should, upon its investigation of this affair, reinstates her as monarch."

Two weeks later, on February 1, 1893, at the request of the Dole government, the U.S. Minister had marines and sailors form the BOSTON occupy the Government Building and a park, raising the U.S. flag over the government building while the BOSTON fired its guns. The U.S. Minister said this was part of a policy of non-interference with the administration of public affairs.

Shortly after taking office in 1893, President Cleveland sent a man to Honolulu to investigate. Based on this, Cleveland told Congress, in message on December 18, 1893, that "Minister Stevens not only was in sympatny with the movement against the monarchy and had agreed to recognize the Provisional Government as soon as it was proclaimed, but also he had agreed to support it with United States Troops, if necessary."

PAGE IILOIS B. PENNINGTON

Cleveland next sent another agent to Hawaii, to ask Dole to resign and to re-instate the Queen. The United States Secretary of State told that agent that if the Queen agreed to conditions of amnesty for Dole and his group - which she did - the United States President would do all in his Constitutional power to restore her to office...short of using force, which could only be authorized by Congress. There is no record of Congress authorizing the earlier use of U.S. force against the Queen.

Dole declared, "We do not recognize the right of the President of the United States to interfere in our domestic affairs." Apparently only the U.S. Minister in Honolulu had that right. Dole also said, "If the American forces illegally assisted the revolutionists in the establishment of the Provisional Government, that government is not responsible for their wrong-doing. It was purely a private matter between the United States government and its own officers."

Dole said, in effect, that the United States should settle with the Queen.She is no longer here, but the Hawaiian people still are....eighty years later. It is still not too late for the United States to compensate for this wrong.Do it now.

Respectfully submitted,

Lois B. Pennington

TESTIMONY

OF

LOIS B. PENNINGTON

TO THE COMMITTEE OF THE UNITED STATES SENATE INVESTIGATING HAWAIIAN CLAIMS:

The material presented for your consideration has been derived from the "Memoirs of the Hawaiian Revolution" by Sanford B. Dole, who was the first President of the Provisional Government immediately after the last Hawaiian Queen, Liliuokalani, was forced from her office. His papers were edited by Andrew Farrell and published in Honolulu, in 1936, by the Advertiser Publishing Co., Ltd.

Dole, who was an active political figure during the reign of Kalakauai Liliuokalani's predecessor and brother, did not approve of the way she wished to carry on the business of the monarchy. Because he feared the Queen might wish to assume more power and that her supporters could cause trouble, he with his associates formed a "committee of public safety" to use force against the Queen if she insisted on going forward in her plans to promote a new constitution. Dole wrote of the committee's discussions, "The feeling in favor of using of using force against the Queen finally prevailed. We knew that the United States minister was in sympathy with us." Dole comments, "The projects of taking action by force against the Queen's plans and of setting aside the monarchial form of government were considered."

On January 16th, 1893, the "committee of public safety" held a publicmeeting to have their authority confirmed, and Dole writes that its resolutionwas approved with a standing vote and cheering.

On the same day the Queen held a meeting at the Palace Square. Dole says that her meeting was told that the action " in regard to the promulgation of a New Constitution, was under the stress of her native subjects," and "any changes in the fundamental law of the land will be sought only by methods provided in the Constitution itself." We might note at this point that while Dole's group of followers thinks of using force against the Queen, the Queen wishes to use only lawful means for Constitutional changes.

In the afternoon of that same day writes Dole, "the committee of safety,realizing that the community was in a state of unrest, requested the United States minister, Mr. Stevens, to land a force from the U.S.S. Boston, then in the harbor. That was acceded to, and a body of sailors and marines under Lieutenant Commander Swinburne came ashore late in the afternoon." At this time Dole did not seem to object to interference of the United States Government in affairs of an internal nature in his country, while later on he found it most objectionable.

That evening the committee of safety held another meeting and wanted Dole to lead them in a "scheme to suppress the monarchy and organize a new government in its stead," Says Dole, then adds, "I found the meeting unanimously in favor of setting aside the monarchy and establishing a republican form of government, with a view of eventual annexation to the United States." He accepted the job the next morning, giving Mr. Stevens a copy of a letter he hoped to send to him in the afternoon which would announce the abrogation of the monarchy and the establishment of the new government. Dole reports that Mr. Stevens said to him, "I think you have a great opportunity."

PAGE IILOIS B. PENNINGTON

While trying to stop a movement of a wagon load of ammunition by grabbing the horse's reins, a Hawaiian policeman was shot by a Captain Good of Dole's forces. He had been doing his duty trying to avert possible use of the arms.

After the reading of a prclamation ending the monarchy and disposing the Queen, a letter was sent by Dole to Mr. Stevens annoucning the action and Mr. Stevens immediately responded by recognizing the Provisional Government in his prepared letter. He did not wait for instructions from Washington before doing so. Dole wrote that because of the presence of U.S. naval forces in the tuwn the royal forces would not fight the take-over, and they did not, in fact.

Dole writes, "Shortly after dark, the Honorable W.H. Cornwell, minister of finance in the queen's cabinet, brought in her written surrender. It contained a protest against the presence of the American forces on shore, and professed to yield her authority to these forces until such time as the United States should, upon its investigation of the affair, reinstate her as a monarch."

Two days later the Queen sent a letter to President Harrison on the ship carrying a commission which was to negotiate a treaty of annexation. Her representative being refused passage, she had to quickly compose her plea for assistance to the U.S. President.

On February 1, Mr. Stevens acceded to the request of the Provisional Government that he assume a "quasi protectorate of the Hawaiian Islands."A company of U.S. marines was stationed in the Government Building, sailors occupied Bishop Park, the U.S. flag was raised over the Government Building and the Boston fired a salute with its guns. As he did this, Mr. Steven claimed it was a policy of non-interference with the administration of public affairs.

When Dole's treaty of annexation negotiators reached Washington, the government decided that the Senate would wait for a policy decision from the Presidentelect, Grover Cleveland before taking action on the matter.

Three days after being sworn into office, Cleveland "requested the Senate to surrender the draft of the treaty to him, which the Senate did; and that was the last of the treaty." says Dole.

President Cleveland sent James Blount to investigate the goings on in Honolulu, and later told Congress in a message of December 18, 1893, "Minister Stevens not only was in sympathy with the movement against the monarchy and had agreed to recognize the Provisional Government as soon as it was proclaimed, but also he had agreed to support it with the United States troops, if necessary." Cleveland had received this information from Blount.

Next Cleveland sent Albert Willis to put Liliuokalani back on the throne and ask for the Dole ministers to resign. Gresham, then Secretary of State told Willis that if the Queen agreed to conditions of amnesty for the Dole people, then the President would do all in his constitutional power to restore her office, short of using force which could only be authorized by Congress. Of course, it is not recorded that Congress ever authorized the use of force by the U.S. minister, Mr. Stevens.

PAGE IIILOIS B. PENNINGTON

Liliuokalani agreed in a letter signed by her December 18, 1893, to forgive and pardon the revolutionaries and live bjr-the constitution in effect when the Provisional Government took over, assuming all obligations of the administration.

Dole said, "We do not recognize the right of the President of the United States to interfere in our domestic affairs." He earlier had no such opinion about U.S. ministers actions in his local affairs when he wanted U.S. might as a backup.

Dole justified his non-observance of President Cleveland's order in these words to the U.S. Government, "If the American forces illegally assisted the revolutionists in the establishment of the Provisional Government, that Government is not responsible for their wrong-doing. It was purely a private matter for discipline between the United States Government and its own officers." He says in effect that the U.S. has to settle with the Queen and not drag him into it, if she lost her throne due to U.S. officers* action. It appears that Dole wants what the Hawaiians want. The Queen wanted the resources of Hawaii for the benefit of the Hawaiian people, not just a small minority of wealthy, powerful, businessmen who forced her from her legally appointed status as head of the Hawaiians. The Queen is no long here to be settled with, but the Hawaiian people still are and should be somehow compensated for the wrong done long ago.

Speaking of Hawaii's plight in a message to Congress on December 4, 1893, President Cleveland said, "Upon the facts developed it seemed to me the only honorable course for our Government to pursue was to undo the wrong that had been done by those representing us, and to restore, as far as practicable, the status existing at the time of our forcible intervention."

That was never done. It is eighty years later, but it is not too late. Now is the time for the United States to right this wrong.

TESTIMONY OF LOIS B. PENNINGTON Long version to be submitted for Congressional records.

Five-minute oral presentation

TESTIMONY

OF

LOIS B. PENNINGTON

Honorable Senator Johnston, Senator Inouye, Ladies & Gentlemen:

All of the following comes from "Memoirs of the Hawaiian Revolution," by Sanford Dole, first President of the Provisional Government after the ouster of Hawaii's Queen.

Dole and his associates formed a "Committee of Public Safety" to use force against the Queen if she carried out her plans to promote a new Constitution.Dole wrote, "The feeling in favor of using force against the Queen finally prevailed. We knew that the United States minister was in sympathy with us.7

Dole says the Queen held a meeting in regard to the new constitution. The meeting was told, to quote Dole directly, that "any changes in the fundamental law of the land will be sought only by methods provided in the Constitution itself."

Dole's group accepts force to bring about governmental change; the Queen plans to stick to lawful, Constitutional means. On the day of that meeting, the "Committee of Safety" requests the United States Minister, Mr. Stevens, to land a force from the USS Boston, then in Honolulu harbor. Armed sailors and marines came ashore that afternoon.

That evening, the Committee of Safety asked Dole to lead them in forming a Republican government with, to quote Dole, "A view of eventual annexation to the United States." Dole accepted. The next morning, one of Dole's group shot a Hawaiian policeman who was trying to stop a wagonload of ammunition.

After overthrowing the Queen that day, and proclaiming a republic, Dole senta letter announcing the action to the U.S. Minister who immediately respondedwith an already prepared letter recognizing the Dole government. He did not consult Washington. In his letter, Dole told the U.S. Minister that, becauseof the U.S. forces in town, the Royal forces would not fight the take-over----and ;they didn't.

Dole wrote that the Queen's written surrender to quote, "contained a protest against the presence of the American forces on shore and professed to yield... to these forces until such time as the United States should, upon its investigation of this affair, reinstates her as monarch."

Two weeks later, on February 1, 1893, at the request of the Dole government, the U.S. Minister had marines and sailors form the BOSTON occupy the Government Building and a park, raising the U.S. flag over the government building while the BOSTON fired its guns. The U.S. Minister said this was part of a policy of non-interference with the administration of public affairs.

Shortly after taking office in 1893, President Cleveland sent a man to Honolulu to investigate. Based on this, Cleveland told Congress, in message on December 18, 1893, that "Minister Stevens not only was in sympathy with the movement against the monarchy and had agreed to recognize the Provisional Government as soon as it was proclaimed, but also he had agreed to support it with United States Troops, if necessary."

PAGE IILOIS B. PENNINGTON

Cleveland next sent another agent to Hawaii, to ask Dole to resign and to re-instate the Queen. The United States Secretary of State told that agent that if the Queen agreed to conditions of amnesty for Dole and his group ̂which she did - the United States President would do all in his Constitutional power to restore her to office...short of using force, which could only be authorized by Congress. There is no record of Congress authorizing the earlier use of U.S. force against the Queen.

Dole declared, "We do not recognize the right of the President of the United States to interfere in our domestic affairs." Apparently only the U.S. Minister in Honolulu had that right. Dole also said, "If the American forces illegally assisted the revolutionists in the establishment of the Provisional Government, that government is not responsible for their wrong-doing. It was purely a private matter between the United States government and its own officers."

Dole said, in effect, that the United States should settle with the Queen.She is no longer here, but the Hawaiian people still are....eighty years later. It is still not too late for the United States to compensate for this wrong.Do it now.

Respectfully submitted,

Lois B. Pennington

TESTIMONY

OF

CHARLES KAULUWEHI MAXWELL, SR.

HONORABLE CHAIRMAN & DISTINGUISHED MEMBERS OF THIS COMMITTEE:

I am Charles Kauluwehi Maxwell, Sr. and I am testifying here today as the President of the Maui Chapter of the Aloha Association.First of all, X would like to voice my dissatisfaction and that of the Hawaiian natives of Maui, with this Committee. We are deeply dismayed because we are not having a hearing on Maui and we are confused as to the reason for being disregarded by this Committee. The County of Maui encompases two other islands, Molokai and Lanai. Most of our people could not afford the cost to come to Honolulu. In the future, we would hope this committee would consider the County of Maui as a place of utmost importance in holding Congressional hearings.I would like to begin my testimony by saying that the joint resolution that was introduced by Senator Dan Inouye is supported by us only to the extreme where Congress admits that a wrong was done to the Hawaiian people. We do not support the second half ofthe resolution whereby 11 members are to be selected by the President of the United States. We feel that the 6 members that are to be chosen from Hawaii should be of aboriginal Hawaiian ancestry, for who else would know the needs of the native Hawaiians, then natives themselves. I strongly urge this committee to consider this very valid point.We strongly support the bill that is being introduced by the Aloha Association.at this hearing. It has been said that this proposal is unrealistic and that we as native Hawaiians are asking too much. Consider this fact, Honorable members, that at one time the Hawaiian Archipelago was owned and possessed by the native Hawaiian people. They had their own laws that governed the land.Before Captain Cook arrived in Hawaii, our ancestors predicted his coming and the downfall of the Hawaiian race. Let me explain to you a famous chant that was composed prior to the arrival of Captain Cook. The author was Keaulumoku.He was a poet, Historian and prophet. He composed this chant for the Chief Aikanaka, when he was a baby. Aikanaka was b o m before the discover of these islands and lived to see the changing times.

I would like to read into the records, the translation of this chant as testimony of our great ancestors and their message to the present Hawaiian natives onthe importance of our land and what it means to our culture and identity.0 child, look and observe thy heritage, thy landsj0 child, retain them. Thou child, child, child of the highest rank.Thou child, child, child of the changing timeOverthrown will be the foundation, left lying face downward.Overthrown on the coral beds of Ku, with the sacred cord Maki'i Lohelohe And the cords that bound hulahula, unbound are the weights that hold the land. Like the weights of the bonito nets of IhuanianiHold fast to thy heritage from Uini from Laa, and from Keawe, the dedicated one.Honorable members, this is the reason why, we the present aboriginal native Hawaiians, do not feel that the bill which Aloha Association introduced is unrealistic. Our land is the basis of our culture. The land lias been taken away from us by various means and the United States of America is the guilty culprit, along with the sugar industry and other big business that helped to overthrow our Queen, Liliuokalani, in 1893. They took our land and the control of it.

PAGE 2CHARLES KAULUWEHI MAXWELL,SR.

All we are asking for is what was illegally taken from us. This land and money that we are asking for was never yours to keep. It is the shame of the United States of America that this guilt be borne from decade to decade without a settlement. The natives of Hawaii have been patient too long for the great nation of America to solve their historic claims.

It is hoped that this hearing is not a form of appeasement to the Hawaiian people and that our bill and the joint resolution is not treated /like the house bill H.R. 1944. The House Interior committee had hearings here exactly one year ago on the House bill and we now find that the bill is considered dead and no action was taken. This is considered a slap in the face to the Hawaiian people.In speaking as an individual, I would like to say that there is great unrest among the Hawaiian natives. Examples are made by the American Indians and other ethnic groups in America that the only way to be recognized by the government is by demonstrating in one fashion or another. We are starting to use their examples because we are continously being ignored by our elected officials and the government. I am proud to say that I organized the occupation of Kahoolawe, the target island that is being used by the military. This island has been bombed over the past 35 years and is still paradise to us. We were told that it is barren and useless and that the only worthwhile use of the island would be as a bombing target.Our government always manages to furnish us with half truths. This island can be used for the Hawaiian people and and is part of the 2.5 million acres that was taken away from our control during the Annexation. I would like this committee to realize the fact that the Hawaiian islands have been raped by commercialism and no one attempted to protect the life style of the Hawaiian natives. Our culture is used by the capitalist of Hawaii to draw more business to Hawaii. The so-called "Aloha Spirit" is coined and bottled then sold to the millions of tourist that visit our Islands. The person who gets the least out of this false Hawaii are the Hawaiian natives who live in low cost homes, unable to obtain jobs and cannot get his native foods from the ocean because it is polluted by hotels and condominiums.

In closing, I would like to ask this committee, do we have to break the law to exercise our aboriginal right. Our civil rights were denied by a country that maintains freedom, yet 83 years have passed and this brown cloud still remains on the United States of America and its people.Mahalo a nui loa kakou me ke aloha pumehana,

Charles Kauluwehi Maxwell, Sr.PresidentMaui ChapterALOHA ASSOCIATION, INC.

TESTIMONY

OF

ALMA COOPER

TITLE: Testimony on Native Hawaiian Claims for Reparationfrom the United States Government

PRESENTED TO: The Honorable Senator J, Bennet Johnson, Chairman,and Members of the Senate Committee on Interior and Insular Affairs, and Hawaii's distinquished Senator, Daniel K. Inouye

BY: Alma Kaiama Cooper, State President, Congress OfThe Hawaiian People

DATE: Monday, February 9, 1976PLACE: Honolulu, Hawaii

I want to extend the warm ALOHA and appreciation for this opportunity to present this testimony on behalf of the members and officers of the Congress of the Hawaiian People.

My role as president of this statewide organization is one of other roles. I am a professional educator and have had wide experiences in the public education system in Hawaii as a teacher, administrator, and student. I am currently a student working for my Doctor of Education degree in Educational Foundations at the University of Hawaii.

The Congress of the Hawaiian People was organized five years ago when individuals of Hawaiian ancestry together reacted to institutional decisions and actions clearly perceived as impositions upon the humanitarian well being of Hawaiian natives. In a real sense, we believed we could no longer perpetuate the historical trend in these islands that relegated matters dealing with Hawaiian circumstances to others. We chose to be responsible for our circumstances.

-2-

In this testimony, the Congress of the Hawaiian People, will present five basic issues for Hawaiian native claims for reparation. These issues deal with the following:

(a). Native property rights in the Crown lands ceded unlawfully to the United States government.

(b). Success of the overthrow of the Hawaiian government was directly due to the landing of American naval forces so ordered by United States Minister JohnL. Stevens.

(c). 9,550 native Hawaiian voters were disfranchised by the revolutionary governments and were disallowedto cast their votes for a government of their choice.

(d). The United States government accepted the government and lands of Hawaii without the consent and will of Hawaiian natives numbering more than 4-0,500.

(e). immoral afflictions and injustices upon Hawaiian natives by the extinguishment of their rights and their Hawaiian Nation may be assigned to the United States government.

I would like to proceed with the documentation relative to eachissue stated heretofore.(a). Native property rights in the Crown lands ceded unlawfully

to the United States government.The ancient land system came to an end as early as 1825.

In this year, the National Council of Chiefs adopted as law thefollowing recommendations:

1) That the lands belonging to the chiefs should descend to their legitimate children;

2) That the chiefs should assign their lands to the peopleto cultivate in order that they might maintain themselves from such cultivation;

3) That the people should be free and not bound to one chief;4) That a tax should be paid to the king.

-3-

With the passage of the Law of 1825, land in the kingdom was first though of as a commondity of security and of monetary value.

The Constitution of 1840 declared that the chief and people were joint owners of the land:

"Kamehameha I was the founder of the kingdom and to him belonged all the land from one end of the islands to the other, although it was not his own private property. It belonged to the chiefs and the people in common of whom Kamehameha I was the head and had the management of the landed property.

The Law of 1825 and the Constitution of 1840 led to the formulation of the Land Commission to Quiet Land Titles in 1845 and the passage of the Great Mahele of 1848.

On December 18, 1847, the King and chiefs in the PrivyCouncil adopted the rules for the division of lands to be knownas the Great Mahele:

“Whereas it has become necessary to the prosperity of our Kingdom and the proper physical, mental and moral improvement of our people that the undivided rights at present existing in the lands of our Kingdom, shall be separated, and distinctly defined:

“Therefore. We, Kamehameha III, King of the Hawaiian Islands and His Chiefs, in Privy Council assembled, do solemnly resolve that we will be guided in such division by the following rules:

"1. His Majesty, our Most Gracious Lord and King, shall in accordance with the Constitution and Laws of the Land, retain all his private lands, as his own individual property, subject only to the rights of the Tenants, to have and to hold to Him, His heirs and successors forever.

“2. One-third of the remaining lands of the Kingdom shall be set aside, as the property of the Hawaii Government subject to the direction and control of His Majesty, as pointed out by the Constitution and Laws, one-third to the Chiefs and Konohikis in proportion

-4-

to their possessions, to have and. to hold, to them, their heirs and successors forever, and the remaining third to the Tenants, the actual posessors and cultivators of the soil, to have and to hold, to them, their heirs and successors forever."

These rules resulted in the Great Mahele.In his "Speech before the Second Session of the Sixty Six

Congress of the United States of American, published 1920,"Prince Jonah Kalanianaole Kuhio, Hawaii's second Delegate to Congress,stated, in reference to the Great Mahele:

"Late in 1848 the Great Mahele or Division was made of setting apart the lands in three portions.The King and chief received their portion 1,619,000 acres; The Government 1,505,460 acres; the balance amounting approximately to 984,000 acres was not conveyed to the common people but reverted to the Crown."

The reversion of 984,000 acres to the Crown, Prince Kuhio explained, was understood by the common people as their lands held in trust by the Crown.

Accepting this fact, a claim can be made that the Constitution of the Republic (proclaimed July 4, 1894) in Article 95 that states; "that portion of the public domain heretofore, and now to be, the property of Hawaiian Government..." included 984,000 acres held in trust for the common people and belonging to the common people.

With the Annexation of Hawaii by the United States in 1898, the Republic of Hawaii ceded the "absolute fee and ownership" of all government lands to the United States. In fact, in this transaction, the United States accepted more than, but a part of which amounted to 984,000 acres belonging to the common people.

-5-

(b). Success of the overthrow of the Hawaiian government was directly due to the landing of American naval forces so ordered by United States Minister John L. Stevens,

President Grover Cleveland received the reports presentedby James H. Blout, special commissioner to Hawaii to investigatethe overthrow of the Hawaiian monarchy in January 1893* PresidentGrover Cleveland concluded:

"The lawful - Government of Hawaii was overthrown without the drawing of a sword or the firing of a shot by a process every step of which, it may safely be asserted, is directly traceable to and dependent for its success upon the agency of the United States acting through its diplomatic and naval representatives.

"But for the notorious predilections of the United States Minister for Annexation, the Committee of Safety, which should be called the Committee of Annexation, would never have existed.

"But for the landing of the United States forces upon false pretexts respecting the danger to life and property the committee would never have exposed themselves to the pains and penalties of treason by undertaking the subversion of the Queen's Government.

"But for the presence of the United States forces in the immediate vicinity and in position to afford all needed protection and support the committee would not have proclaimed the provisional government from the steps of the Government building.

"And finally, but for the lawless occupation of Honolulu under false pretexts by the United States forces, and but for Minister Steven's recognition of the provisional government when the United States forces were its sole support and constituted its only military strength, the Queen and her Government would never have yielded to the provisional government, even for a time and for the sole purpose of submitting her case to the enlightened justice of the United States." [1]

President Cleveland did not resubmit to the Senate a Treaty of Annexation drawn up in 1893.(c). 9 ,550 native Hawaiian voters were disfranchised by the

revolutionary governments and were disallowed to cast their votes for the government of their choice.

The 1890 Census indicated a population count of 90,000 people.The classification of the population showed the following:

The voting population totaled 14 ,000 people. Of this total sum, distribution by ethnic orgin showed the following:/;/'

Julius A. Palmer Jr., commissioned, by the Boston Transcript Co., to go to Honolulu to ascertain the facts about the Revolution on January 17, 1893, wrote:

"They allege that the only equitable course would have been to act under the present constitution giving each man a vote who could vote prior to the revolt then let the question of a monarchy or a republic be decided by the 14,000 voters now registered."

"At the overthrow of the monarch, the American voter numbered 650 out of a total of 14,000 voters. This is two and one-fifth percent of the population and less than 5 percent of the registered voters. Now, granting, for the sake~of arguement, that each and all were in in favor of the present Provisional government, and upholders of the recent attempt of some 4 or 5 of their numbers to convey these islands to a foreign country on their memorial visit to Washington— that tne pettiest of minorities— how little those adventurers were authorized to speak for the Hawaiian Nation before President Harrison."

Native and half caste - 40 ,500 Japanese & Chinese - 27,500PortugueseHawaii born of sundry nationalities Other foreigners (Americans - 2,000)

9 , 0 0 0

7 ,5005 ,500

NativesPortuguese & half

9,5502,100

500 650 1,700AmericansOthers

castesBritish

Bibliography

1. U.S. Congress. House of Representatives. "President'sMessage Relating to the Hawaiian Islands," December 18, 1893,Executive Document 47, pp. xiii, xiv.

2. Palmer Jr., Julius A., Memories of Hawaii and Hawaiian Correspondence, 1894; Boston Lee & Shepard, Publishers, p. 70 and 71.

3. Palmer Jr., Julius A., Op. cit., p. 72.4. U.S. Congress. House of Representatives. "President's

Message Relating to the Hawaiian Islands," December 18, 1893,Executive Document 47, pp. xx, xxi.

5. Palmer Jr., Julius A., Op. cit., p. 21, 36.

Written testimony-request for submission for Congressional Record

TESTIMONY

OF

LUKA NALUAI

A BILL

ALOHA, HONORABLE SENATORS, STAFF MEMBERS, FRIENDS AND OHANAS:

WELCOME TO HAWAII AND TO THIS OCCASSION, A TIME FOR UNDERSTANDING AND DEDICATION FROM EVERYONE IN THE TREMENDOUS TASK THAT LIES AHEAD.

I AM LUKA NALUAI, MOTHER OF 12, GRANDMOTHER OF 29, GREAT GRANDMOTHER OF 3 AND FOSTER MOTHER OF 4. WE ARE A L AMERICAN CITIZENS AND ARE PROUD OF IT.6 SONS AND 2 SONS IN LAW SERVED IN THE ARMED FORCES. 4 SONS HAVE NOT BEEN CALLED BECAUSE THEY WERE TOO YOUNG. 2 SONS AND 2 SONS IN LAW ARE STILL SERVING IN THE ARMY AND AIR FORCE. I AM A RESIDENT OF HAWAII FOR MORE THAN 62 YEARS.

MY PURPOSE HERE THIS DAY IS TO PROPOSE AMENDMENTS TO SPECIFICSECTIONS OF THE SENATE BILL, AND CLARIFY IN YOUR MINDS OF THE VAST DOMINION OFTHE HAWAIIAN PEOPLE WHO BY DESCENT AND LINEAGE ARE THE RIGHTFUL OWNERS OF THESE ISLANDS ARCHIPELAGO.

THE POLYNESIAN CIVILIZATION IS PERHAPS AS OLD AS THE BIRTH OF CHRIST. THE TERM HAWAIIAN MEANS A NATIVE HAWAIIAN AS ANY PERSONS BEING OF DIRECT HAWAIIAN DESCENT AND LINEAGE.

THE HAWAIIAN ISLANDS: THE MAIN 8 HAWAIIAN ISLANDS AND ASSOCIATE ISLETS, AND THE SHOALS AND REEFS OF THE NORTHWESTERN ISLANDS KNOWN AS THE HAWAIIAN ISLANDS NATIONAL WILDLIFE REFUGE, OR THE HAWAIIAN ARCHIPELAGO.

THE HAWAIIAN ARCHIPELAGO IS 3,000 MILES SOUTHWEST OF SAN FRANCISCO.THE REFUGE ISLANDS ARE PART OF THE CHAIN KNOWN AS THE "LEEWARDS" OF NORTHWEST HAWAIIAN ISLANDS.

THE HAWAIIAN ISLANDS ARCHIPELAGO IS DIVIDED IN 3 GROUPS.1 SEA GROUP-LARGE VOLCANIC ISLANDS AND ASSOCIATE ISLETS

(MAIN HAWAIIAN ISLANDS)2 MIDDLE GROUP-SEVERAL SHOALS, SMALL ISLANDS IN REFUGE GROUP3 NORTHWEST GROUP-EXTEND GREATER DISTANCE AND INCLUDES A DOZEN

OR MORE SHOALS AND REEFS. NO VOLCANIC ROCKS ARE EXPOSED IN THIS SEGMENT. ITS HISTORY GOES BACK 20 MILLION YEARS AGO.THE REFUGE ISLANDS ARE REMNANTS OF THE PAST . SOME ARE PERHAPS ONCE AS LARGE OR LARGER THAN TODAY'S INHABITED ISLANDS OF HAWAII.

304,200 ACRES ARE SUBMERGED LANDS ON THE ASSOCIATED SHALLOW REEFSAND SHOALS.

ISOLATION HAS PLAYED IN THE EVOLUTION OF THE BIOLOGICAL SYSTEMS. ISOLATION HAS CREATED A UNIQUE WEB OF LIFE. ISOLATION HAS ALSO SET A STAGE FOR ITS DEMISE. 1778 WAS THE BEGINNING OF WESTERN CONTACT OF POLYNESIAN CIVILIZATION OF THE HAWAIIAN ARCHIPELAGO. EARLY HAWAIIANS LEFT THEIR MARKS AT NIHOA AND NECKER ISLANDS BESIDES THE EIGHT LARGER ISLANDS.

REMAINS OF GARDEN TERRACES, HOUSE RITES, CRUDE SHELTERS, PRIMITIVE TEMPLES ARE NUMEROUS. PEOPLE MAY HAVE EXISTED ON THE LARGER ARCHIPELAGO, NIHOA, FOR MORE THAN 700 YEARS. LACK OF WATER FAY BE THE CAUSE OF ABANDONMENT. ON NECKER ISLAND, EVIDENCE INCLUDING SEVERAL UNUSUAL STONE IMAGES, SUGGEST NECKER MAY HAVE BEEN A SACRED ISLAND VISITED ONLY PERIODICALLY BY PERHAPS POLYNESIAN FROM NIHOA.

IN 1845 QUEEN KAAHUMANU SENT A PARTY OUT TO INSPECT THE ARCHIPELAGO. IN 1885 QUEEN LILIUOKALANI WITH A PARTY OF 200 WENT AND LANDED ON NIHOA.

DECLARATIONSEC. 2. THAT CONGRESS PROVIDE FOR THE SETTLEMENT OF THE HISTORIC

CLAIMS OF THE HAWAIIAN NATIVES, AND FOR OTHER PURPOSES, BE ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, AND THAT THIS ACT WOULD DECLARE THE FAIR AND JUST SETTLEMENT BE MADE NOW OF ALL CLAIMS BY THE HAWAIIAN NATIVES OF HAWAIIAN ANCESTRY AND HAWAIIAN NATIVE GROUPS OF HAWAII.

SEC. 2. (B) THAI MAXIMUM PARTICIPATION BY HAWAIIAN NATIVESOF HAWAIIAN ANCESTRY IN DECISIONS OF THEIR RIGHTS AND PROPERTIES WITHOUT CREATING A WARDSHIP OR TRUSTEESHIP ON THE PART OF THE UNITED STATES GOVERNMENT, BUT BY CREATING A TRUSTEESHIP AND GUARDSHIP BY SELECT COURT IN HAWAII BY JUDGES OF HAWAIIAN ANCESTRY.

SEC. 2. (C) THAT ALL CLAIMS BY THE UNITED STATES AGAINST HAWAIITHAT ARE BASED ON ACTS OF AGENTS AND AGENCIES OF THE UNITED STATES WHICH CONTRIBUTED TO THE OVERTHROW OF THE GOVERNMENT OF THE KINGDOM OF HAWAII, AND BASED ON ANY STATUTE OR TREATY RELATING TO ANNEXATION, AND OR BASED ON THE LAWS OF ANY OTHER NATION, INCLUDING CLAIMS THAT ARE PENDING ARE HEREBY EXTINGUISHED FOREVER.

DEFINITIONSSEC. 3. (A) THE TERM HAWAIIAN: A NATIVE HAWAIIAN IS DEFINED

AS ANY PERSONS BEING DIRECT HAWAIIAN DESCENT OR LINEAGE.

SEC. 3. (B) HAWAIIAN ISLANDS: THE PLAIN 8 ISLANDS AND ASSOCIATESISLETS, AND THE SHOALS AND REEFS OF THE NORTHWESTERN ISLANDS KNOWN AS THE HAWAIIAN ISLANDS NATIONAL WILDLIFE REFUGE, OR THE HAWAIIAN ARCHIPELAGO.

SEC. 3. (C) TRUSTEESHIP: HAWAIIAN JUDGES OF DIRECT HAWAIIANDESCENT AND OR LINEAGE.

SEC. 3. (F) ALOHA MEANS THE ABORIGINAL LANDS OF HAWAIIANANCESTRY ASSOCIATION, INCORPORATED, MEMBER. ASSIGNS AND SUCESSORS.

SEC. 3. (G) PERSON: INDIVIDUAL AND NAMED FIRMS, CORPORATION,ASSOCIATION, PARTNERSHIP, OR OTHER LEGAL ENTITY REGISTERED WITH THE REG- ULARTORY DEPT. OF HAWAII.

SEC. 3. (H) HE AND HIS: INCLUDES SHE, HERS, THEY, THEM,THEIR OF HAWAIIAN ANCESTRY.

HAWAIIAN NATIVE ROLLSEC. 4. (1) THE MEMBERS OF THE HAWAIIAN COALITION REGISTERED

WITH ALOHA, OF HAWAIIAN ANCESTRY SHALL PREPARE A MEMBERSHIP ROLL OF HAWAIIAN NATIVES WITHIN TWO YEARS OF THE DATE OF THIS ACT AND MAINTAIN SUCH ROLL IN THE SAID JUDGE'S CARE.

UPON ADMISSION, A SUBMITTIJN OF A PEDIGREE CHART AND A FAMILY GROUP SHEET WILL BE REQUIRED TO INDENTIFY THE BLOOD LINE OR LINEAGE OF PERSONS CLAIMING TO BE OF HAWAIIAN DESCENT. IF A PERSON(S) IS ACKNOWLEDGED BY A HAWAIIAN NATIVE FIVE (5) YEARS HIS/HER SENIOR. WHO IS A RELATIVE AND WHO ALSO POSSESSES A PEDIGREE SHEET AND A FAMILY SHEET SHOWING RELATION AND LINEAGE CAN BE DECLARED A MEMBER.

PAGE IILUKA NALUAI

PAGE IIILUKA NALUAI

HAWAIIAN NATIVE FUND

THERE SHOULD BE ESTABLISHED IN THE TREASURY OF THE UNITED STATES $50,000,000,000 BELONGING TO THE HAWAIIAN NATIVE FUND. THE $50,000,000,000 SHOULD BE FROM THE GENERAL FUND OF THE TREASURY TO BE APPROPRIATED AS FOLLOWS:

(A) $3,000,000,000 DURING THE FISCAL YEAR IN WHICH THIS ACTBECOMES EFFECTIVE.

(B) $1,000,000,000 IN EACH OF THE FOLLOWING REMAINING 47 YEARS.SUCH FUNDS SHALL BE TRUST FUNDS AND IN THE TRUST OF THE COURT OF SAID HAWAIIAN JUDGES FOR THE CARE AND PROTECTION OF THE MINORS AND INDIGENTS AND THE AGED HAWAIIAN NATIVES.

ALL MONIES IN THE FUND CAN ONLY BE RELEASED AND DISTRIBUTED UPON THE SUBMISSION OF A GRANT APPLICATION BY THE BOARD OF DIRECTORS TO THE COURT AND APPROVED BY THE HAWAIIAN NATIVE JUDGES AND BY VOTES AND OR VOTES BY PROXY OF THE ENROLLED MEMBERS.

ALL CERTIFICATES OF MEMBERSHIP SHALL BE ISSUED BY THE HAWAIIAN COALITION MEMBER COMMITTEE OF HAWAIIAN ANCESTRY.

HAWAIIAN NATIVE CORPORATION

SEC.6(E) THE PURPOSES OF THE CORPORATION ARE TO RECEIVE AND ADMINISTER FOR THE BENEFITS FOR THE HAWAIIAN NATIVES AND TO ENGATE IN ANY ENTERPRISES, BUSINESS' UNDERTAKINGS AND ACTIVITIES WITH THE APPROVAL OF THE MEMBERSHIP AND THE TRUSTEE OF THE COURT OF HAWAIIAN JUDGES.

SEC.6(F) THE CORPORATION SHALL BE ACCOUNTABLE TO THE COURT OF HAWAIIAN JUDGES AND THE MEMBERSHIP. NO BUSINESS SHALL BE TRANSACTED WITHOUT THE APPROVAL OF THE MEMBERSHIP AND THE COURT OF HAWAIIAN JUDGES, TO WHOM THEY ARE ACCOUNTABLE.

ALL LAWS ADOPTED AND AMENDED AND BYLAWS SHALL BE SUBJECT TO THE APPROVAL OF THE MEMBERSHIP AND COURT OF HAWAIIAN JUDGES.

ALL ENGAGEMENTS IN BUSINESSES AND ACTIVITIES FOR PROFIT WILL ONLY BE ESTABLISHED BY THE VOTES OF THE MEMBERSHIP AND APPROVAL OF THE COURT OF HAWAIIAN JUDGES.

SURPLUS LANDS

THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION IS HEREBY DIRECTED TO GIVE TO THE HAWAIIAN NATIVE CORPORATION ALL FEDERAL LANDS LOCATED WITHIN THE HAWAIIAN ISLANDS AND ITS ISLETS AND ARCHIPELAGO, UNCONDITIONALLY AND WITHOUT COMPENSATION.

QUOTED BY QUEEN LILIUOKALANI. "THE PRESENT GOVERNMENT IS NOW STRIVING TO CEDE THESE LANDS WHICH THEY DO NOT OWN AND NEVER CAN OWN TO THE UNITED STATES. I HAD ASKED THAT JUSTICE BE DONE, AND THAT THE RIGHTS OF MY PEOPLE BE RESTORED. PRESIDENT HARRISON CHOSE TO SET ASIDE MY STATEMENT AND PETITION."

THE JOINT RESOLUTION READS. TO CEDE ABSOLUTELY AND WITHOUT RESERVE TO THE UNITED STATES OF AMERICA ALL RIGHTS OF SOVEREIGNTY OF WHATSOEVER KIND IN AND OVER THE HAWAIIAN ISLANDS AND THEIR DEPENDENCIES AND ALSO TO CEDE AND TRANSFER

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TO THE UNITED STATES THE ABSOLUTE FEE AND OWNERSHIP OF ALL PUBLIC GOVERNMENT OR CROWN LANDS, PUBLIC BUILDINGS AND ALL OTHER PUBLIC PROPERTY OF EVERY KIND AND DESCRIPTION BELONGING TO THE GOVERNMENT OF THE HAWAIIAN ISLANDS. THIS ACT WAS DONE WITHOUT THE RATIFICATION BY THE QUEEN OR HER PEOPLE. YEAR AFTER YEAR AFTER THE ANNEXATION AND WHENEVER CONGRESS WAS IN SESSION, THE QUEEN VISITED WASHINGTON, D.C. TO PRESS HER CLAIM FOR THE CROWN LANDS AND HOPING TO GET SOME COMPENSATION FOR THE LOSS OF HER THRONE AND REVENUE FROM THE CROWN LANDS. SINSE THE TIME OF THE GREAT MAHELE, KAMEHAMEHA III HAD DIVIDED A PORTION ALLOTTING A PART OF THE LAND FOR THE GOVERNMENT LAND AND SETTING ASIDE A DISTINCT PORTION AS PART OF HIS OWN PRIVATE PROPERTY. THIS PORTION CAME TO BE KNOWN AS THE "CROWN LAND." KING KAMEHAMEHA III DECREED THAT THESE "CROWN LANDS" SHOULD BE INALIENABLY INHERITED BY "HIS HEIRS AND SUCCESSORS FOREVER." AS "HEIR AND SUCCESSOR, THE QUEEN HAD A RIGHTFUL CLAIM TO THESE CROWN LANDS AS HER PRIVATE, INHERITED PROPERTY.

"FROM THE DATE OF THE OVERTHROW OF THE MONARCHY TO THE PRESENT DAY,I HAVE NEVER RECEIVED FROM THE PROVISIONAL GOVERNMENT NOR FROM ITS SUCCESSOR,THE REPUBLIC OF HAWAII, A SINGLE CENT OF INCOME FROM ANY SOURCE WHATEVER. EVEN THOSE REVENUES OF THE CROWN LANDS WHICH HAD BEEN COLLECTED PRIOR TO THE SEIZURE OF THE PUBLIC TREASURY BY THE HANDS OF THE COMMISSIONER AT THE TIME OF MY RETIREMENT FROM PUBLIC LIFE, WERE NEVER PAID TO ME. NOT A DOLLAR OF IT WAS EVER HANDED TO ME."

"FOR FOUR YEARS AND MORE, NOW, THESE PEOPLE HAVE CONFISCATED AND COLLECTED THE REVENUES RESERVED FROM ALL TIME IN ORDER THAT THE CHIEF HIGHEST IN RANK, THAT IS, THE REIGNING SOVEREIGN, MIGHT CARE FOR HIS POORER PEOPLE.THEY HAVE DEPRIVED ME OF MY INCOME. BUT NEVER WERE THE REVENUES OF THESE LANDS INCLUDED IN GOVERNMENT ACCOUNTS."

ARTICLE V OF THE BILL OF RIGHTS, AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA ON LIFE, LIBERTY, PROPERTY PROTECTED READS "NOR BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW: NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION.

IT HAS BEEN 82 YEARS. THERE HAS NEVER BEEN A JUST COMPENSATION.OUR QUEEN WAS DETHRONED, HER KINGDOM CEDED AND ANNEXED TO A FOREIGN LAND THROUGH FRAUDULENT ACTS BY FOREIGN PEOPLE. HER PEOPLE DEPRIVED OF THEIR WAY OF LIFE,LOST THEIR LANDS AND IMAGES, AND LIVED IN FEAR.

HOW DO YOU REPAY THIS KIND OF DAMAGE AND HOW MUCH? $50,000,000,000 CANNOT START TO COMPENSATE THE LOSS AND DAMAGE DONE TO THE NATIVE HAWAIIAN PEOPLE. BECAUSE THEY DO NOT UNDERSTAND, THEY ARE AFRAID AND HAVE LIVED THIS WAY THESE MANY YEARS. WHERE DOES JUSTICE BEGIN?

I PRAY THAT YOU HAVE COMPASSION AND LOVE FOR OUR HAWAIIAN PEOPLE AND FULLY COMPENSATE THEM IN MONEY, LAND, AND MINERAL MINING RIGHTS WHICH ARE RIGHTFULLY THEIRS.

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TO FURTHER CLARIFY IN YOUR MINDS OF THE VAST DOMINION OF THE HAWAIIAN PEOPLE WHO ARE BY DESCENT AND LINEAGE THE RIGHTFUL OWNERS OF THESE ISLANDS ARCHIPELAGO, THE MINING AND OCEAN RIGHTS.

ALOHA, COMPOSED OF HAWAIIAN NATIVES ANCESTRY, CLAIM RESOURCES OF MANGANESE NODULES AS WELL AS ORES RICH WITH COPPER, NICKEL AND COBALT AND OTHER MINERALS ON THE OCEAN FLOOR OF THE HAWAIIAN ISLANDS AND ARCHIPELAGO AND 200 MILES OUT INTO THE OCEAN FROM THE END OF THE ISLAND SHELVES AND NOT THE SHORELINES.

ALL PROFITS FROM THE MANGANESE NODULES SHALL BE DIRECTED INTO A SEPARATE FUND FOR THE EDUCATION IN THE FIELD OF VOCATION FOR OUR HAWAIIAN NATIVE CHILDREN AND ADULTS AND SENIOR CITIZENS AND SHALL BE IN THE TRUSTEESHIP OF THE COURT OF HAWAIIAN JUDGES AND MEMBERS.

MAHALO ,

KU LIKE KAKOU (UNITED WE STAND)

LUKA NALUAI