From Boyd Mossman: July 4, 2008 Aloha Poka and participants in this session of Round Table. I regret that I cannot be with you today for this discussion, as I would have wanted to defend the premise presented to you for this discussion; however, July 4th is not only a holiday but a long weekend and flights are pretty much booked. And so, forgive me for this written commentary. I will not take more than three minutes to state my position. The sword that threatens our people, and any kind of nation we could reorganize, has two edges: one, a finding by the courts that there is no existing nation, there are no indigenous or independent Hawaiians, and therefore any treatment of Hawaiians more favorable than other races is a violation of the 14th Amendment. The other side would protect Hawaiians by affording them the opportunity to exist as a nation despite the 14th Amendment but within the Constitution of the United States. [KU] WELL - I SUPPOSE IT DEPENDS ON WHAT COURTS ONE IS TALKING ABOUT. NO MATTER WHAT THE EVIDENCE IS - OF LEGAL IRREGULARITIES, ETC. - THE COURTS OF THE U.S. WILL ALWAYS FIND A WAY TO MAKE THE U.S. POSITION THE (ONLY) CORRECT ONE. THE U.S. COURTS CAN EVEN ELEVATE A "JOINT RESOLUTION" (SUCH AS THE NEWLANDS RESOLUTION) INTO THE EFFECTIVENESS OF A "TREATY OF ANNEXATION!" - WHICH, LEGALLY, IT CANNOT DO - UNDER THE U.S. CONSTITUTION. SO - WITHOUT A "LEGAL" ANNEXATION - HOW DID HAWAI'I EVER GET LEGALLY ANNEXED TO THE U.S.? AND HOW DID HAWAI'I BECOME A "LEGAL" PART OF THE U.S.? HOW DID HAWAI'I BECOME A "LEGAL" STATE OF THE U.S.? I'M QUITE SURE THAT MR. MOSSMAN (THE JUDGE) UNDERSTANDS, FOR INSTANCE, THE LEGAL PRINCIPLE OF "RELATING BACK" (THAT EVERYTHING PREMISED ON AN ORIGINAL FALSITY "IS" FALSE) - AS IT RELATES TO HAWAI'I'S BEING A STATE. ADDITIONALLY, TO HAVE U.S. CITIZENS AND MEMBERS OF ITS MILITARY FORCES VOTE FOR STATEHOOD COMPOUNDS THE PROBLEM. ON THE OTHER HAND, ALL OF THE TREATIES THAT THE HAWAIIAN KINGDOM HAD WITH THE U.S. - BEING EQUIVALENT TO THE HIGHEST LAW OF THE LAND ACCORDING TO THE U.S. CONSTITUTION - HAVE BEEN RELEGATED TO THE TRASH BIN. IT SEEMS THAT SOME OF THE LAND INTERESTS "OBTAINED" BY TREATY - SUCH AS THE USE OF PEARL HARBOR - BY DUMPING THE RELEVANT TREATY - SHOULD BE AS IT WAS INITIALLY - AND PEARL HARBOR SHOULD "NOT" BE PART OF THE U.S. FEDERAL LANDS IN HAWAI'I. THOSE LANDS ARE KINGDOM LANDS - NOT THE U.S.'S. NOW, MR. MOSSMAN'S SO-CALLED "AKAKA BILL" WOULD HAVE "HAWAIIANS" WHO DON'T CONSIDER THEMSELVES TO BE SUBJECTS OR DESCENDANTS OF SUBJECTS OF THE HAWAIIAN KINGDOM - TO TRANSFORM THAT KINGDOM INTO A "U.S. NATIVE HAWAIIAN GOVERNING ENTITY!" THIS IDEA IS ABOUT AS ABSURD AS THE AMERICAN REVOLUTIONISTS ATTEMPTING TO CHANGE THE "CONSTITUTION" OF GREAT BRITAIN TO JUSTIFY THEIR NEW STATUS - AS AMERICANS. IF THE HAWAIIAN KINGDOM DOESN'T EXIST IN THE FINDINGS OF AMERICAN COURTS - THEN WHERE IS THIS LEGISLATION COMING FROM THAT WOULD SUGGEST SUCH A TRANSFORMATION? There are those who would suggest another option: removal of our destiny from control of the United States by order of the international community. That route can be pursued regardless of which side of the sword strikes us. But it will not be a shield for us Hawaiians and we will need to face first, the country which as far as I know we all hold legal citizenship, the United States of America. [KU] IF, AS MR. MOSSMAN STATES, WE ALL "HOLD LEGAL CITIZENSHIP" IN THE U.S. - HOW DID THAT HAPPEN? THE U.S. CONSTITUTION STATES THAT CITIZENSHIP CAN "ONLY" BE OBTAINED BY BEING BORN IN THE U.S. OR BY NATURALIZATION. SINCE NOBODY GOT NATURALIZED - AND HAWAI'I WASN'T "LEGALLY" ANNEXED TO THE U.S. - HOW CAN MR. MOSSMAN BE A CITIZEN OF THE U.S. (ACCORDING TO THE CONSTITUTIONAL REQUIREMENTS OF THE U.S.)? MY POSITION ON WHETHER THE "INTERNATIONAL" ROUTE CAN BE PURSUED OR NOT - IS MOOT - AS THE U.S. NEEDS TO VOLUNTARILY SUBMIT TO THE JURISDICTION OF AN INTERNATIONAL TRIBUNAL TO AFFECT FINDINGS AND DECISIONS - HOWEVER, AS IN THE LANCE LARSON CASE - THE U.S. WILL NEVER SUBMIT TO ANY INTERNATIONAL TRIBUNAL'S JURISDICTION (KNOWING THAT IT WILL PROBABLY LOSE ITS CASE). IT WOULD RATHER HAVE ALL DECISIONS BE RENDERED BY ITS OWN COURTS - THAT CAN CHOOSE THE PROPER REMEDY/REMEDIES TO JUSTIFY THE U.S.'S HISTORICAL MISTAKES (SUCH AS THE NON-ANNEXATION OF HAWAI'I INTO THE U.S. AND THE NON-STATEHOOD ACT OF 1959). IN FACT, THE SO-CALLED "AKAKA BILL" WOULD GIVE THE U.S. A (HISTORICAL) SECOND BITE AT THE APPLE - BY GETTING ITS PUPPET HAWAIIANS TO ILLEGALLY TRANSFORM THE HAWAIIAN GOVERNMENT (THE KINGDOM) INTO A U.S. GOVERNING ENTITY - WHICH WOULD, IN TURN, PROVIDE A "LEGAL" AVENUE FOR DUPED HAWAIIANS TO CORRECT ITS HISTORICAL (NON-ANNEXATION AND NON-STATE) MISTAKES. IS THERE A BETTER WAY AVAILABLE - TO RIGHT THE WRONGS OF HISTORY - THAN TO HAVE THE PRESUMED VICTIMS DO THE "DIRTY" WORK AND CORRECT HISTORY BY ILLEGALLY HAVING THEM MAKE PRESENT CHANGES THAT WOULD CORRECT ITS (U.S.) HISTORICAL MISTAKES AND SHORT-COMINGS? WHILE SOME AT OHA (THE STATE OF HAWAII'S OFFICE OF HAWAIIAN AFFAIRS) BELIEVE THAT THE SO-CALLED "AKAKA BILL" PROCESS WOULD BE A LOGICAL STEPPING STONE TOWARDS EVENTUAL INDEPENDENCE (IF HAWAIIANS SHOULD CHOOSE TO GO THAT ROUTE). ONCE OUR LANDS - THE SO-CALLED "CEDED LANDS" BECOME "TRUST LANDS" OF THE U.S. - THERE IS NO WAY TO LEGALLY EXTRICATE THOSE LANDS FROM THAT TRUST (IN CASE HAWAI'I EVENTUALLY OBTAINS "INTERNATIONAL SOVEREIGNTY." INSTEAD - THE U.S. CAN ALWAYS - AS IT DID IN THE 1950S AND 1960S - TERMINATE THE "TRUST" STATUS OF "OUR" LANDS - WITH THE RESULT THAT "OUR" LANDS BECOME "U.S. LANDS" - SEVERING ANY CLAIMS THAT WE MIGHT OTHERWISE HAVE HAD TO THOSE LANDS. ACTUALLY, THIS LAST DISCUSSION BRINGS UP ANOTHER POINT - AND THAT IS THE ASSUMPTION THAT THE SO-CALLED "AKAKA BILL" WILL RESULT IN A NEGOTIATED SETTLEMENT OF "OUR" LANDS AND OTHER ISSUES. THE "BILL" DOES NOT GUARANTEE THAT SUCH A NEGOTIATION WILL TAKE PLACE - OR THAT, IF NEGOTIATIONS TAKE PLACE - THAT THE OUTCOME WILL BE FAVORABLE TO THE SIDE OF HAWAIIANS. As you may have already perceived, I believe federal recognition will be the determining factor as to which side of the blade we will face. Thus may I conclude my comments by suggesting that without the Akaka bill in place to give Hawaiians a lifeline to the future and an anchor for the present, Hawaiians must be prepared to lose in the US Supreme Court. We dodged that bullet with the recent Kamehameha Schools case but are facing three suits in court right now which could expedite a decision sooner than the normal 3-4 years. [KU] MY POSITION IS - PLEASE SHOW ME, MR. MOSSMAN, WHERE PASSAGE OF THE SO-CALLED "AKAKA BILL" WILL - WITH 100% CERTAINTY - MANDATE THAT THOSE DECISIONS WILL GO THE "HAWAIIAN" WAY. It would seem that all Hawaiians could if sufficiently informed, support the idea of preservation of what we have today as opposed to loss of all we have as Hawaiians and subsequently the loss of our identity as we become an indistinguishable part of the whole of those who would envelop us into them. My plea is to unite now, to allow a nation to be born and develop, as opposed to continued contention and discord leading to the demise and end of a once noble people. [KU] MR. MOSSMAN FORGETS THAT THE "TERMINATION" POLICY THAT WAS DUMPED ON THE INDIANS IN THE 1950S AND 1960S WAS DESIGNED TO HAVE THEM BE ASSIMILATED INTO THE "FABRIC OF AMERICAN SOCIETY." I SUSPECT THAT THERE WILL BE FUTURE EFFORTS TO FORCE HAWAIIANS (AND INDIANS) - BY GOVERNMENT POLICY - IN TRANSFORMING THEM INTO PROPER AMERICANS. SUCH A POLICY MOVE WOULD DO JUST THE OPPOSITE OF WHAT MR. MOSSMAN HOPES - AND THAT WOULD BE - TO LOSE HAWAIIAN IDENTITY AND CULTURE. AS FOR ME - I'D RATHER TAKE MY CHANCES ON AN "INTERNATIONAL" SOLUTION TO THE QUESTION OF HAWAIIAN SOVEREIGNTY - WHETHER THE U.S. DECIDES TO PARTICIPATE OR NOT. I WILL FOLLOW LILI'U. ONIPA'A!!!! Mahalo for your patience with me. Respectfully, Boyd P. Mossman

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  • I believe the only way we do win is at an international level and I totally agree with you in the regards that whether or not this provisional government participates is irrelevant..what is relevant though is that our people need to be united!

    But isn't it odd that the same provisional government has set up another 'prototype' in Irag and while bombing them (no different then Pearl Harbor) manages to assist with reconstruction? Did that ever happen here on our aina? Perhaps if there was any assistance then the kanakamauoli would not be the highest ethnic group in the State that leads in homelessness and 'ainaless'. And to further pursue insult to injury on every other category of impoverishness.

    We really need to look at soaring value of land. This in itself makes land unaffortable for the kanaka.Most of us cannot even buy back the land we actually own. This is deplorable and despciable to say the least. However, I have learned to change the mind-set and that is to look at the value of 'who we are really'. So that means that every Native Hawaiian is actually a multi-billionaires!

    Mahalo!
  • With all due respect, Judge Mossman clearly owes his allegiance to the U.S., which is his right. He has been paid well as a judge and he is still being paid well by OHA, which is his choice. May ke Akua continue to bless him and his `ohana. He ends his letter by asking for patience, and we will give it to him; but we will not wait for him.

    His arguments, however, are wrong. I agree completely with Kuʻs analysis. I strongly believe we kanaka maoli will all soon come to realize that, indeed, we kanaka maoli are a proud race with an highly developed and beautiful culture, AND we are still Hawaiians by nationality which was ever extinguished by the invasion and subsequent military occupation by the U.S. We are Hawaiians by race, culture and nationality. Triple blessed by ke Akua. Some, who do not believe they are Hawaiian by nationality, are unfortunately only double blessed. Mina mina kela, but still their choice, and to whom we must show compassion not condemnation.

    As we all e ala e (rise up), and realize we must `onipa`a kakou (all together remain steadfast) we will imua kakou (all together go forward) toward freedom and justice, and restore our status as an independent nation among nations. We can, and will, share our aloha to all, including those who are not our friends. Do not forget we can learn much from our enemies as long as we maka`ala (stay alert).
    • Keokiomaui,

      You are correct.

      It is not a cut and dried world as I like to see it - and we must have good feelings for our fellow countrymen - even when they are off the correct path.

      However, we have a responsibility to "educate" them if needs be. However, after honestly trying and trying and trying - eventually - we have to let them go.

      Mr. Mossman - being trained in the law and its processes - has more firepower than most folks to understand the complex situation that we're in. However, if he is adament - after doing his homework - and continues to hold on his american values - then may ke akua bless him - as I will not.

      Thanks for your thoughts,

      ku
      • "However, we have a responsibility to "educate" them if needs be. However, after honestly trying and trying and trying - eventually - we have to let them go."

        Hi ku.

        Sorry but how come you did not mention that you are also an attorney too? Perhaps no longer a practicing one but some people don't know that about you....

        Well as you know... Boyd Mossman is one of my cousins on my paternal side some of whom can be extremely arrogant, who tend to disrespect the wishes of other Hawaiians, and/or who look down on other Hawaiians. I can see that he totally disrespects the wishes of some of his Hawaiian cousins (where all Hawaiians are cousins through Wakea, Papa, and Haloa.) To me he is very disrespectful to the iwi inside of other Hawaiians and he is my cousin via my Maui roots. (FWIW he embarrasses me.)

        I do not think "we" can educate the disrespectful like him. One either respects other Hawaiians' choices... or they do not. In his case my cousin Boyd Mossman may be American. That is his choice but he should respect other Hawaiians choice to be Hawaiian only... by nationality and ethnicity. Not all Hawaiians are Americans. That is their choice. He should respect that but he does not.

        However what he respects is MONEY... more than he respects the lives of other Hawaiians and that is what this Akaka Bill is about. Money. He (and others) want to make more of it... but we are talking about peoples lives here. I can see what his priority is: Money over peoples LIVES.

        Anyone who supports the Akaka Bill slaps our kupuna in their face. He is one of them. He is advocating that the Department of Interior and the Feds dictate to us our destiny and is allowing them to define who we are. He is entitled to believe what he believes but then he is not doing his job is he? He's not listening to the will of the Hawaiian people who he works for. Of course you used to be on the board. It's obvious who should not be on the board. I wish it was the other way around where you were still on the board and my own cousin retired judge Boyd Mossman was booted out of his seat :) He really really annoys me with his arrogance and the way he is trying to force Hawaiians to be American. Not all Hawaiians are American.

        I'm not even sure if he's what I call a "sell out" because it's more than that. He gets a pension after spending years on the bench (I don't want my tax dolalrs going to him so can I get a refund?) plus he gets a paycheck from OHA and the snakes who divert money to him for "favors" so he makes a living off of some Hawaiians drowning. In addition to profiting off of the 40% of Hawaiians drowning he is basically sending our keiki to the wolves to be eaten alive. I can't think of the word that describes someone who is sending our keiki to the wolves to be eaten alive. Traitor doesn't quite describe that person... nor does "a snake." To me it's one of the worse things anyone could ever do... send our keiki to the wolves (i.e. the Feds) to be eaten alive. Whatever word that is... perhaps the word is "EVIL"... that is my cousin retired judge Boyd Mossman. He is a very powerful man person who wields power against some of his own people and uses it as a tool to hurt/harm them. We are talking about harming some innocent Hawaiian women and children so I don't know why he acts as though he is so "great." A great man would not allow some Hawaiian women and children to DROWN yet he walks with his nose in the air. Literally. Unfortunately he is an epitome of how power can be abused and how it can corrupt....

        Aloha,
        Lana
        • Hi Lana,

          It is with great emotion and sincerity that I respond to your email. Your words and thoughts are powerful. It's too bad that you couldnt'/didn't address to Mr. Mossman personally. I don't know if it would do any good - but to see how thoughts about him are reflected off of another human being - especially one of his cousins - I would think - might be a bit sobering.

          > Sorry but how come you did not mention that you are also an attorney too?

          I'm sorry. It's been so long that I worked as an attorney, and that I feel so much at one with the 'aina - that I don't mention my past anymore.

          Actually, one of the reasons I had to leave the field is that I felt that I could no longer practice law in the courts of our oppressor. Being an officer in its court caused me lots of feelings - of personal degradation.

          It started before I was elected to OHA. I told myself seriously - that even if I was elected or not (to OHA) - that I would dedicate a heavy portion of my life to the advancement (in the best ways I knew how) of kanaka maoli - and this I have done until today - and I hope a bit longer.

          And so, among other things I have tried to walk in the footsteps of the ancient ones of old - even to spend a week every year - of the last 6 years - trudging in their footsteps in our (Huaka'i I Na 'Aina Mauna) annual hikes.

          > Perhaps no longer a practicing one but some people don't know that about you....

          I have not practiced law since around 1992. And I wouldn't want to. And don't want to.

          On the other hand, I try to use my legal background in questioning and examining those things in our kanaka maoli lives (and the environment) that can be bolstered by a legal education.

          As for Mr. Mossman's possibly being an SOB - I'll reserve my personal feelings.

          I will, however, say, for the record, that he has been challenged to public debate on the so-called "akaka bill" and has never accepted.

          However, he continues to arrogantly write about the bill - without having to respond to public questions on the involved issues.

          Basically, I suppose that he can be labeled a coward - as he continues to hide behind the skirts of OHA - and, other than a few tirades he unleashes once in awhile - he never comes out of his hiding position.

          Anyway, I congratulate you for taking this very strong public stance on the subject and the person. I want to be your friend. And I will request it.

          Mahalo nui.

          ku
          • "Your words and thoughts are powerful. It's too bad that you couldnt'/didn't address to Mr. Mossman personally. I don't know if it would do any good - but to see how thoughts about him are reflected off of another human being - especially one of his cousins - I would think - might be a bit sobering."


            Hi ku.

            Alot of people do not know that he is my cousin and I really do not want people to know he is one of my cousins because his arrogance brings dishonor to our family name. He recently attended my paternal grandmother's birthday party and I am glad I was not there LOL Actually... I have no interest in ever speaking to him because he is very disrespectful to other Hawaiians and do not wish to speak to someone who hurts some of his own cousins through Wakea, Papa, and Haloa. I cannot speak to someone who is SO mean so I leave it up to those who will speak to pilau people like how I think he is . Unfortunately some people know how powerful he is and like my other cousin retired judge Paul DeSilva... can destroy people if they wanted to considering their power and how small the islands are... but they are both of my cousins.. one being fair and reasonable while the other is not. Even if I speak to my cousin Boyd Mossman I think he would be too busy talking about himself. Even now he is only listening to himself talk LOL Seriously... my own cousin annoys me with his arrogance and brings dishonor to our family name. I don't wanna talk to him though because he talks too much of himself and what HE thinks. I wanna hear from other Hawaiians and how they feel and what they think. I do not want to hear him talk about himself which he usually does saying "I, I, I." It is very annoying....

            "I congratulate you for taking this very strong public stance on the subject and the person."

            I am not naive to the power that he wields and that he uses against some of his OWN PEOPLE and know that someone maywill tell him what I think about him. I hope whomever tells him tells him that he embarrasses me and brings dishonor to our family name. Does he listen to people? No. He only listens to himself. He is very arrogant and he is one of my cousins which is soooo embarrassing. That is what can happen when one is a retired judge. The power can get to their head and in my cousin Boyd Mossman's case... he is very arrogant. Have I mentioned how arrogant I think he is? :P

            There are many people who think he is arrogant yet do not feel free to express themselves for fear of retribution. However since I am one of his cousins I can state what many want to state... but can't for fear of losing their LIVElihood (i.e. their job.) His arrogance does not help either. Nor does the fact that he and my other cousin Paul DeSilva are good friends LOL Sometimes I wonder why I HAVE to be related to arrogant people like Boyd Mossman. Why can't they just be NICE to their cousins who are Hawaiian too? He is not like Paul in that Paul is fair and reasonable. My other cousin Boyd Mossman is unfair and unreasonable as you already know. He refuses to DISCUSS issues that affect ALL of us Hawaiians... not just him. My cousin is very selfish and arrogant and I wish I was not related to him on my paternal side. Unfortunately... I am.

            That is partly why I like how you are an attorney though no longer a practicing one and challenge his arrogance. Unfortunately some people do not feel free to do so for fear of retribution. The islands are only so small.

            "It started before I was elected to OHA. I told myself seriously - that even if I was elected or not (to OHA) - that I would dedicate a heavy portion of my life to the advancement (in the best ways I knew how) of kanaka maoli - and this I have done until today - and I hope a bit longer.

            And so, among other things I have tried to walk in the footsteps of the ancient ones of old - even to spend a week every year - of the last 6 years - trudging in their footsteps in our (Huaka'i I N<
            • It started before I was elected to OHA. I told myself seriously - that even Na 'Aina Mauna) annual hikes."

              I think you are pretty cool since you are following-through as well as posting here. I do not see other OHA board members posting here engaging in discussion. I do not see my cousin Boyd Mossman discussing issues here that affect all of us. Instead they are spying on us to read what we think of them which I think is really umiamaka-ish. They are hiding and acting as though they are "better" Hawaiians. I do not know why they act as though they are better. I mean... 40% of Hawaiians are drowning which is nothing to be proud of yet what do they do? Act so proud. Proud that they are the reason why 40% of Hawaiians are still drowning. So annoying but then you are here. Where are they? Listening to themselves talk, stuffing their face with malasadas from Leonard's Bakery, and eating all of the poi.

              Anyway it is obvious to me who is down to earth (you) and who is not (my cousin Boyd Mossman.) His head is so big. It is annoying. I think he should go hiking like you and get back DOWN TO EARTH. Like you. I know that my other cousin Paul hikes and he seems down to earth but my cousin Boyd... wow his head is so big which is stating the obvious but I think that anyone who posts here shows that they are discussing issues with other Hawaiians and are humbling themselves. You are here. He is not... which speaks volumes.

              Aloha, Lana
              • Lana,

                Thanks for the great support that you give. I understand how you feel. You are a woman of great vision and insight - you observe what you will, then you decide where you stand - and you stand with great pursuasion and guts.

                I'm glad to be your friend - in the fullest of its definitions.

                I wish we had an entire army of folks like you - who can size up the situation and tke a position, one even contemptuous of one's own flesh and blood.

                You are a great example of kanaka maoli womanhood - and, I would guess, a wonderful mother.

                Imua!!!!! Onipa'a!!!

                We go!!!!

                ku
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