COMMENTARY ON THE HAWAII CEDED LANDS CASE AT THE
U.S. SUPREME COURT
By Leon Siu
October 1, 2008
The US Supreme Court announced today that they have accepted the writ of
certiorari filed by the State of Hawaii seeking to reverse the Hawaii State
Supreme Court’s decision of January 31, 2008, that curtails the State’s
ability to sell or otherwise dispense, what is commonly referred to as “the
Ceded Lands.” The acceptance of the “cert” means that the US Supreme
Court will review the submitted arguments and render its decision.
The State of Hawaii is counting on a favorable ruling from the U.S. Supreme
Court. At stake is the very survival of the 50th State of the union.
The land in question is the 1.8 million acres (nearly half the total land area
of the Hawaiian Archipelago) that was hijacked from the government and the
crown heads of the Hawaiian Kingdom in 1894 by the illegal, self-declared,
rebel government, the Republic of Hawaii. A few years later, in 1898, the
Republic of Hawaii “annexed” itself to the United States, and in the process,
passed off (“ceded”) the stolen lands to the U.S. The puppet government,
the State of Hawaii, is now holding the bag of stolen property deceptively
called the “Ceded Lands.”
The salient point is, the Republic of Hawaii did not have lawful title (or
rights) to these lands when they were handed over (“ceded”) to the U.S.
Thus, no lands lawfully transferred. Although this act of “cession” was
clearly unlawful, any objections were summarily ignored, overruled or
dispatched by the bully power of the U.S. In 1959, the U.S. magnanimously
passed on the stolen property (the “Ceded Lands”) as the land base for the
newly created puppet government called the State of Hawaii.
The Apology Law
The January 31, 2008 Hawaii State Supreme Court’s decision surprised
everyone. It was the first time that a state court acknowledged that United
States Public Law 103-150 (commonly called “The Apology Law,” passed by
the U.S. Congress and signed by President Clinton in 1993) carries the force
of law. Until this decision in January, all previous efforts by Hawaiian
Kingdom nationals to invoke USPL 103-150 in state and federal courts in
Hawaii had been summarily rejected by those courts.
In essence, the State Supreme Court’s decision says that the State’s
ownership of the “ceded lands” is questionable because the Apology Law
clearly indicates that these lands were improperly acquired. The court thus
concluded that until the State of Hawaii settles this ownership question with
the “native Hawaiians” the State cannot sell or otherwise transfer any
portion of those “ceded lands.” In its ruling, the court parrots the prevailing
assumption that “native Hawaiians” are the default claimants to the lands.
The Rightful Claimants
While it is true the State of Hawaii does not own the “ceded lands” neither
do the so-called “native Hawaiians.”
By citing “native Hawaiians” as the default claimants to the “ceded lands”
the State Supreme Court perpetuates a critical error, ignoring the historical
and lawful fact that the lands in question belong to the Hawaiian Kingdom,
not the “native Hawaiians.”
This mis-direction is employed to avoid addressing the actual crime — the
theft of the national autonomy and the national lands of the Hawaiian
Kingdom. It also avoids the rightful remedy — the return of the national
autonomy and national lands to the Hawaiian Kingdom.
The rightful owners of the land are the parties from whom they were stolen:
the crown (ruling monarch) and the government of the Hawaiian Kingdom.
The monarch and the national government hold these lands in trust to
benefit the people of Hawaii.
Misdirection
By projecting the “native Hawaiian” as the injured party, the State Supreme
Court follows the lead of the Apology Law and deliberately misdirects the
issue, framing it as a mere domestic problem rather than a significant
international violation.
When the United States landed armed troops to support the 1893 seizure of
the Hawaiian Kingdom by insurrectionists, the U.S. brazenly violated the
sovereignty of the Hawaiian Kingdom, a peaceful nation with close, friendly,
treaty-guaranteed relations to the U.S. There were no complaints, no
disputes and certainly no hostilities to justify the invasive action by the U.S.
Aside from acknowledging the unlawfulness of the violation, the U.S. did
nothing to rectify the situation. Instead, in 1898, the initial violation of
Hawaii’s sovereignty was shockingly amplified when the U.S. commenced its
hostile occupation with the fraudulent “annexation.” Today, the State of
Hawaii perpetuates the fraud in order to cover up its inherent illegitimacy as
a puppet government installed under the illegal occupation of the U.S.
This “ceded lands” case represents a desperate effort by the State of Hawaii
and the U.S. to overcome the problem caused by the illegal “annexation”
and the lack of clear title to the so-called “ceeded lands” — officially
implicated in the Apology Law as lands having been stolen from the
Hawaiian Kingdom.
What’s at stake for the State?
The State of Hawaii is counting on the U.S. Supreme Court to: 1) ignore the
fact that the lands claimed by the State is actually stolen property and 2)
somehow remove the cloud over the State’s claim to these lands.
The State’s primary obstacle is the Apology Law. Thus, to overcome this
obstacle, the State of Hawaii is seeking to have the U.S. Supreme Court
dismiss or otherwise invalidate the Apology Law; to render it as a noble
sentiment, but having no force of law.
Failure to convince the U.S. Supreme Court to nullify the Apology Law would
destroy the very basis of the existence of the State of Hawaii. If the Hawaii
Supreme Court ruling is upheld, it implies the State of Hawaii has no land!
No land, no State.
Furthermore, the Apology Law’s implication that the State of Hawaii has no
land, also indicates that the State of Hawaii has no lawful standing as a
political entity. This is because the same set of events, circumstances and
illegal actions that produced the “ceded lands” fraud, also implicates the
various puppet governments from the Republic of Hawaii to the State of
Hawaii as frauds. Since they all stemmed from the same illegal acts, they
are all unlawful frauds.
Therefore, the default owner and the default governing authority is the one
that was in place before the unlawful actions started, January 16, 1893. The
lawful default government is the Hawaiian Kingdom.
Other ramifications
Not only is the very existence of the State of Hawaii at stake, this landmark
case portends dire ramifications for any lands “acquired” from Native
Americans all across the U.S. Seeing the potential danger, twenty-nine
other states have filed friend-of-the-court briefs supporting the State of
Hawaii in its effort to strike down the Apology Law.
These states rightfully fear that if the Apology Law is not overturned, much
of their lands would be placed in serious jeopardy, especially those gained
from the Native American through broken treaties, deception and theft.
Either way it goes, the outcome of this case will generate tremendous
repercussions throughout the United States.
Perhaps this would be a good opportunity for the U.S. State Department to
begin negotiating with officials of the Hawaiian Kingdom for a peaceful
transitional process to restore Hawaii as an independent nation.
---------
Leon Siu is the Minister of Foreign Affairs for Ke Aupuni O Hawaii, the Hawaiian Kingdom,
and has served in that capacity since 2000. Prior to that, he served as the Deputy Minister of
Foreign Affairs for four years.
You need to be a member of maoliworld to add comments!
Oh Ku Ching, I forgot to tell you that Mahealani will be going to Hawaii again October 17, 18, 19th. Their purpose is mainly for Molaki but I believe they're working on having a general class as well. I will keep you updated in case you can make it.
Much Aloha to you!
Kalula
ku ching > Yolanda CrisostomoOctober 6, 2008 at 1:31pm
Oh Shit. I'm headed out on Oct. 16 and will be back on Nov. 19.
So, I'll unfortunately miss this series. Maybe next time.
Mahalo for your diplomatic response, I knew I'd get one like that from you!
Anyway, my point is that the Hawaiian Kingdom is not the default owner of so called "ceded" lands either. The owners of all the land and alloidial rights in the archipelago of Ko Hawaii Pae Aina is the Kanaka Maoli and their descendants. Crown lands are all subject to koe nae na kuleana o na Kanaka. It is for this reason that there were no public lands that could become public lands. Government lands are also subject to koe nae. Governments were never allowed to "own" land, only to use it to make money for the people. This was put in place to keep the government from becoming corrupt.
Another thing the Apology thingy fails to give even a teeny tiny mention is the fact that when the so called "overthrow" and "annexation" took place, Ko Hawaii Pae Aina was a Constitutional Monarchy not a unified Monarchy. There is a difference. A Constitutional country cannot be overthrown or annexed by another Constitutional country. Using the term Kingdom (Monarchy not a Constitutional Monarchy) of Hawaii tells the world that we were a Monarchy subject to over throw.
We were not the Kindom of Hawaii or the Hawaii Kingdom, we were identified as Ko Hawaii Pae Aina, that is the jurisdictiion we should be operating from. That is why they never mention Kanaka Maoli or Ko Hawaii Pae Aina. The veil is very thick and not only that but there is much emotional attachment to the words that the foreigner's gave us to identify ourselves with. Not me, I ain't no native Hawaiian, I'm Kanaka Maoli and I'll be damned if I'll ever acquiesce to their term Kingdom of Hawaii. I'm from Ko Hawaii Pae Aina, I prefer that name that our ancestor's gave to our country and our nation, the name that Kamehameha Ekolu used in his Constitution.
In time, we must remove the foot that is planted firmly in the jurisdiction of the United States and plant it with the other foot in the jurisdiction of Ko Hawaii Pae Aina. By doing that we don't cut ties completely to America, we still honor the treaties between united States of America and Ko Hawaii Pae Aina. Please notice the capital U in United States and lower case u in united States of America. There's a big and even thicker veil going on over there!
All in all I think we're on the same page only I don't think it's the Apology thingy that'll do it for us, it's just a code and not a law, Our Law, He Kumukanawai, the source for Kanaka Maoli is the one that'll do it for us.
The Apology thingy is a set of codes, not law. Codes are like office memo's. There is no punishment therefore it is not a law. It hold no water whatsoever in the archipelago of Ko Hawaii Pae Aina.
Take a closer look at it.
They call us Native Hawaiians, native Hawaiians, aborigine's, indigenous.
Let's break down these words and what they mean when they call us these names:
1. Native = anyone born within the jurisdiction of the United States
2. Native Hawaiian = anyone who resides in Hawaii
3. native Hawaiian = those with 50% Hawaiian running through their "Kanaka Maoli" veins
4. aboriginal = incapable of full, partial or tribal, owning the barest humanistic kind of self survivalist, subjected to foreign manipulation, etc.
5. indigenous =
a. taken from the root word "indi" which means incapable of caring for one's self
b. incapable of full, only partial or tribal sovereignty; as without property/ kuleana/ land/ resource rights or private property protections, subjected as above..
If you read the He Kumukanawai, your palapala sila nui or palapala hooko you will find that there is no mention of Native Hawaiians or native Hawaiians but you will find Kanaka Maoli. Where in this Apology (Law?) do they say anything about Kanaka Maoli, the de jure citizens of Ko Hawaii Pae Aina. Nowhere! Why? We're far from indigenous so I know any one of us that reads this can figure out why, it has to do with our land, or gold and silver, our Hawaiian Treasury (not bankrupt, unlike the United States), and our Hawaiian Postal Savings Bank (Circuit Courts).
This is what they call our country or nation:
1. Hawaiian archipelago
2. State of Hawaii
3. Hawaiian Islands
4. Hawaiian Nation
5. Hawaiian Kingdom
All names "graciously" given to us by de facto. Where in the He Kumukanawai, palapala sila nui or palapala hooko is our nation referred to as above names? Nowhere! It is identified as Ko Hawaii Pae Aina. Where in this so called set of codes called the Apology (Law?) do they mention Ko Hawaii Pae Aina? Nowhere! Why?
Using these words to identify me and my children means one thing to me. Aiding and abetting the de facto in creating the illusion that they own anything, have any authority over us, or can grant or give us anything.
They yell and they cry "See! They use the names we give them willingly! That means they agree with everything we do!" Then if one of them reads this, me explaining the real intent behind the meanings of these words that by the way, are not olelo in case anyone didn't notice, or listen to one of Mahealani's cd's that explains the intent and meanings behind these English words so graciously translated for us (because you know, we're indigenous) from our beautiful olelo, they can further cry "See! Their own people even told them our intent behind our English words and they STILL use it! That must mean beyond a doubt that the majority of "Hawaiians" agree with what we are doing in the State of Hawaii!"
There's more, so much more of which I don't have time to post right now, have to run to the post office.
These people, these private corporations, cannot do me not even half the harm that humans with the same blood as me can do. We are more powerful than we know. Mahealani knew, did not back down and now her family has clear title to 600+ acres of land on Maui, was refunded her money after EMI could not prove to her that they had clear title to the land and the alloidial rights.
Yet, when the de facto "gives" Hawaiians a pittance of water to use in their taro fields it is called a "Landmark" decision.
Praise the de facto! They not only gave us our names and our country it's name they gave us water too!
So, someone's going to blast me for sounding like a "know it all", or sounding condescending, or call me an armchair warrior. Go ahead, I don't care anymore.
ku ching > Yolanda CrisostomoOctober 6, 2008 at 11:15am
Hi,
Well, I can't really argue against the points you raise. It would take all day. On top of it all, from what I read - we are essentially in agreement on these points.
However, the "Apology Bill" is a resolution - that you claim isn't the law.
Well, What's your response relative to the Annexation Resolution?
It's da same ting - it's not the law - as it is only a domestic document and ONLY effective, if at all, within the boundaries of the sponsoring nation - the u.s. of a. It had no legal effect in Hawai'i - a foreign nation at that time.
So - Is it 2 strikes - they're out? No legal status and no status in a foreign nation.
So, no matter what other arguments on terms and nomenclature you want to raise - Hawai'i is NOT a part of the u.s. It wasn't so in the beginning - and it isn't so now.
Unless we allow ourselves to acquiesce to the myths, misrepresentations, deceits and fraud - the Kingdom, yes, Hawai'i Ko Pae 'Aina, continues to exist. It just need the recognition of members of the international community of the Family of Nations - to make the u.s. look bad.
I don't think I'm too far off - and neither is Leon - and neither are you.
Replies
Much Aloha to you!
Kalula
So, I'll unfortunately miss this series. Maybe next time.
Thanks.
ku
Mahalo for your diplomatic response, I knew I'd get one like that from you!
Anyway, my point is that the Hawaiian Kingdom is not the default owner of so called "ceded" lands either. The owners of all the land and alloidial rights in the archipelago of Ko Hawaii Pae Aina is the Kanaka Maoli and their descendants. Crown lands are all subject to koe nae na kuleana o na Kanaka. It is for this reason that there were no public lands that could become public lands. Government lands are also subject to koe nae. Governments were never allowed to "own" land, only to use it to make money for the people. This was put in place to keep the government from becoming corrupt.
Another thing the Apology thingy fails to give even a teeny tiny mention is the fact that when the so called "overthrow" and "annexation" took place, Ko Hawaii Pae Aina was a Constitutional Monarchy not a unified Monarchy. There is a difference. A Constitutional country cannot be overthrown or annexed by another Constitutional country. Using the term Kingdom (Monarchy not a Constitutional Monarchy) of Hawaii tells the world that we were a Monarchy subject to over throw.
We were not the Kindom of Hawaii or the Hawaii Kingdom, we were identified as Ko Hawaii Pae Aina, that is the jurisdictiion we should be operating from. That is why they never mention Kanaka Maoli or Ko Hawaii Pae Aina. The veil is very thick and not only that but there is much emotional attachment to the words that the foreigner's gave us to identify ourselves with. Not me, I ain't no native Hawaiian, I'm Kanaka Maoli and I'll be damned if I'll ever acquiesce to their term Kingdom of Hawaii. I'm from Ko Hawaii Pae Aina, I prefer that name that our ancestor's gave to our country and our nation, the name that Kamehameha Ekolu used in his Constitution.
In time, we must remove the foot that is planted firmly in the jurisdiction of the United States and plant it with the other foot in the jurisdiction of Ko Hawaii Pae Aina. By doing that we don't cut ties completely to America, we still honor the treaties between united States of America and Ko Hawaii Pae Aina. Please notice the capital U in United States and lower case u in united States of America. There's a big and even thicker veil going on over there!
All in all I think we're on the same page only I don't think it's the Apology thingy that'll do it for us, it's just a code and not a law, Our Law, He Kumukanawai, the source for Kanaka Maoli is the one that'll do it for us.
Mahalo Ku Ching! and much respect to you!
With all due respect to you, but I must comment.
The Apology thingy is a set of codes, not law. Codes are like office memo's. There is no punishment therefore it is not a law. It hold no water whatsoever in the archipelago of Ko Hawaii Pae Aina.
Take a closer look at it.
They call us Native Hawaiians, native Hawaiians, aborigine's, indigenous.
Let's break down these words and what they mean when they call us these names:
1. Native = anyone born within the jurisdiction of the United States
2. Native Hawaiian = anyone who resides in Hawaii
3. native Hawaiian = those with 50% Hawaiian running through their "Kanaka Maoli" veins
4. aboriginal = incapable of full, partial or tribal, owning the barest humanistic kind of self survivalist, subjected to foreign manipulation, etc.
5. indigenous =
a. taken from the root word "indi" which means incapable of caring for one's self
b. incapable of full, only partial or tribal sovereignty; as without property/ kuleana/ land/ resource rights or private property protections, subjected as above..
If you read the He Kumukanawai, your palapala sila nui or palapala hooko you will find that there is no mention of Native Hawaiians or native Hawaiians but you will find Kanaka Maoli. Where in this Apology (Law?) do they say anything about Kanaka Maoli, the de jure citizens of Ko Hawaii Pae Aina. Nowhere! Why? We're far from indigenous so I know any one of us that reads this can figure out why, it has to do with our land, or gold and silver, our Hawaiian Treasury (not bankrupt, unlike the United States), and our Hawaiian Postal Savings Bank (Circuit Courts).
This is what they call our country or nation:
1. Hawaiian archipelago
2. State of Hawaii
3. Hawaiian Islands
4. Hawaiian Nation
5. Hawaiian Kingdom
All names "graciously" given to us by de facto. Where in the He Kumukanawai, palapala sila nui or palapala hooko is our nation referred to as above names? Nowhere! It is identified as Ko Hawaii Pae Aina. Where in this so called set of codes called the Apology (Law?) do they mention Ko Hawaii Pae Aina? Nowhere! Why?
Using these words to identify me and my children means one thing to me. Aiding and abetting the de facto in creating the illusion that they own anything, have any authority over us, or can grant or give us anything.
They yell and they cry "See! They use the names we give them willingly! That means they agree with everything we do!" Then if one of them reads this, me explaining the real intent behind the meanings of these words that by the way, are not olelo in case anyone didn't notice, or listen to one of Mahealani's cd's that explains the intent and meanings behind these English words so graciously translated for us (because you know, we're indigenous) from our beautiful olelo, they can further cry "See! Their own people even told them our intent behind our English words and they STILL use it! That must mean beyond a doubt that the majority of "Hawaiians" agree with what we are doing in the State of Hawaii!"
There's more, so much more of which I don't have time to post right now, have to run to the post office.
These people, these private corporations, cannot do me not even half the harm that humans with the same blood as me can do. We are more powerful than we know. Mahealani knew, did not back down and now her family has clear title to 600+ acres of land on Maui, was refunded her money after EMI could not prove to her that they had clear title to the land and the alloidial rights.
Yet, when the de facto "gives" Hawaiians a pittance of water to use in their taro fields it is called a "Landmark" decision.
Praise the de facto! They not only gave us our names and our country it's name they gave us water too!
So, someone's going to blast me for sounding like a "know it all", or sounding condescending, or call me an armchair warrior. Go ahead, I don't care anymore.
Well, I can't really argue against the points you raise. It would take all day. On top of it all, from what I read - we are essentially in agreement on these points.
However, the "Apology Bill" is a resolution - that you claim isn't the law.
Well, What's your response relative to the Annexation Resolution?
It's da same ting - it's not the law - as it is only a domestic document and ONLY effective, if at all, within the boundaries of the sponsoring nation - the u.s. of a. It had no legal effect in Hawai'i - a foreign nation at that time.
So - Is it 2 strikes - they're out? No legal status and no status in a foreign nation.
So, no matter what other arguments on terms and nomenclature you want to raise - Hawai'i is NOT a part of the u.s. It wasn't so in the beginning - and it isn't so now.
Unless we allow ourselves to acquiesce to the myths, misrepresentations, deceits and fraud - the Kingdom, yes, Hawai'i Ko Pae 'Aina, continues to exist. It just need the recognition of members of the international community of the Family of Nations - to make the u.s. look bad.
I don't think I'm too far off - and neither is Leon - and neither are you.
Thanks for your comments.
ku