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Wednesday, June 22, 2011
Cobell Settlement: A knife in our backs
“Real justice for these Indians may still lie in the distant future; it may never come at all. This reality makes a statement about our society and our form of government that we should be unwilling to let stand.” Judge Royce Lamberth
Those prophetic words by Lamberth became a reality on June 20 when the federal court in Washington, DC approved the Cobell settlement. There is much ado how this was a major victory as in a David and Goliath scenario. However, one only needs to read in between the fine print to know this was a serious setback. I had already suspected it was a foregone conclusion when the settlement was first announced and Obama signed off on it. This was an easy out for the government; they secured the victory, not us.
The basic provisions of the settlement are:
$1.4 billion to pay Individual Indian Money (IIM) account owners
$1.9 billion Trust Land Consolidation Fund to "purchase" fractionated Individual Indian trust lands.
Not more than $60 million for an Indian Education Scholarship Fund to assist Native people to attend college or vocational school.
More details are available at www.indiantrust.com
IIM Accounts
Initially, the estimates arrived by Cobell was that approx. 176 billion was missing from the IIM accounts. So why did she and the attorneys spend more than 2 million dollars encouraging people to accept this settlement? A settlement that only constitutes less than 2% of her original estimates? From what I have gathered by being in the courtroom listening to the attorneys, they admitted their chances of success at trial had grown smaller.
When the case first started, Federal District Judge, Royce Lamberth presided over the case. Although he was a Regan appointee and a republican, his compassion and sense of justice made him the perfect judge. He was very candid and scathing in his remarks and orders towards the Department of the Interior, which raised the hopes of the Native Plaintiffs and their attorneys. After nine years the attorneys for the Interior Department had Lamberth removed claiming he was biased against them. I told the court that this reminded me of the judge shopping that US Attorneys had done in order to gain the wrongful conviction of Leonard Peltier. The following is a glimpse of Lamberths' frustrations with the defendants.
Memorandum Opinion, 12/21/99
The United States’ mismanagement of the IIM trust is far more inexcusable than garden-variety trust mismanagement of a typical donative trust. For the beneficiaries of this trust did not voluntarily choose to have their lands taken from them; they did not willingly relinquish pervasive control of their money to the United States. The United States imposed this trust on the Indian people. As the government concedes, the purpose of the IIM trust was to deprive plaintiffs’ ancestors of their native lands and rid the nation of their tribal identity.
Defendants’ cry of “trust us” is offensive to the court and insulting to plaintiffs, who have heard that same message for over one hundred years.
The case was assigned to another federal judge who loosened many of the court orders Lamberth had imposed on the Interior department, but that judge eventually retired before it was assigned to Judge Thomas Hogan, another Reagan appointee, who approved the settlement.
The Cobell case became a series of complex trials and appeals mostly through the legal manipulations by the defense attorneys. Records were lost or destroyed, and the Interior Department was held in contempt several times as a result of refusing to comply with court orders.
The Interior Department said they would not settle until they can be assured they would have "peace". They didn't want any more lawsuits over the "mismanagement" of the IIM accounts. Without Lamberth there to hold the fire to the feet of the Interior Department, it seems as if the Cobell attorneys were willing to throw in the towel and take whatever they could get. I can understand that, but I definitely do not agree with it.
We are in a time where we as Native people need to feel a real sense of victory, a good taste of justice, but it didn't happen with the settlement approval yesterday. Don't let the press releases by the attorneys fool you; it was not a win by any measure. It was more like a retreat and the wounded were left lying in the battlefield.
An important stipulation is that by accepting the settlement, a person gives up any right to sue the federal government for claims that could have been made prior to September 30th, 2009, such as "Funds Administration Claims", "Historical Accounting Claims", and "Land Administration Claims". Lawsuits can be brought against the federal government for claims after the above date.
One of the emotional strings played upon by Cobell and her attorneys is that no one should have to die before getting their money. Native people have been cheated and dying prior to and before the implementation of the Individual Indian Money accounts in the late 1800's. A few months ago while researching the Cobell case, I stumbled across a congressional hearing held in the early 1900's where testimony was given about a case where a young Indian girl was in the custody of non-Natives and her guardians sold off some of her land to pay medical bills, even though she had sufficient funds to pay the bills. She has long since passed away, and it is possible her descendants do not know this happened. I've found many other Native people whose family have lost land but don't know how.
However, in accepting the settlement, they will never know what it is they have lost or how much money they have been cheated out of. In the 1970's I often asked my parents and grandparents about our Indian allotments, but I was told that we had none. It was only a year and a half ago at the age of 50 that I discovered we still had five acres left.
As Native people we have a common philosophy, a way of thinking, that we consider the impact our decisions of today will have upon the seventh generation ahead. With this in mind, how can we be wiling to give up so much just for money. That money will not be there for the seventh generations ahead, but keep the land and it will always be there!
With records missing and destroyed, intentionally and otherwise, we will never know what was lost through accepting the settlement. We will never know what government official or agency stole the monies or if they could be prosecuted. I believe this was one of the reasons for the settlement offered by the government and why the Congress and the President signed off on it. They want to protect the guilty by sweeping this under a rug called the Cobell Settlement.
Trust Land Consolidation Fund
Another provision of the Cobell settlement is the 1.4 billion set aside for the Trust Land Consolidation Fund. The Interior Department claimed it was a fiscal headache to manage the interests to fractionated lands, with several hundred heirs to a few acres of land. Their solution under the settlement is to purchase highly fractionated lands at fair market value and then place the lands under tribal control. And this is voluntary so it sounds like a good solution, but there is something each individual will lose and can never be compensated for. That is, if there was ever a value placed on sovereignty. If we sell the land in the face of what we have been through as Native people, the few dollars received will be gone quickly. The land will always be there.
Before the forced marches, reservations and boarding schools, we all understood that spiritual relationship with the land. While the missionaries were whipping the Indian out of the children, the military and Indian agents imposed their process of conditioning us to behave as them. Through an observation by Senator Dawes, he commented that we had a flaw in our character; we weren't selfish enough to be productive Americans. He saw that through our communal way of life, everyone had a home, no one was hungry and the children were well taken care of. The allotments, Indian Citizenship, and Indian reorganization Acts were all intended to force us into conformity to their way of life and to an extent it has succeeded.
There is something that many of us can do to reverse this and I hope that this idea will spread to the other Native communities. Regardless of how fractionated the land is, don't sell, especially if you can grow foods on it. Do your own consolidation of the land. Ask relatives if they would be willing to protect the land by establishing an agreement to keep the government from interfering with a project to grow your own healthy foods. The foods that could be grown there could out value the few dollars the government will offer you. Having a food cooperative will give you something to barter with among your own communities.
I know that some lands will not be suitable for farming, some may not even be suitable for living, but explore all your options before selling the land. If anything, a provision should have been made to increase your current land base for the people to have someplace to live or grow foods on. In some places, I know that tribal politics interferes with what you can do on your own land, including the Interior Department. I also now that some families are desperate due to poverty or other misfortunes, but this is something that the government is counting on to have you give up the land willingly. And even though they say this program is voluntary, I need to point out that it isn't as voluntary as the settlement would have you believing. In the cases of IIM account holders who have land interest, but cannot be located, the government has written, and the Cobell attorneys have agreed, that notice will be sent out and that after a period of time if the person cannot be found, that land will be purchased and the money will be deposited in the IIM account and available for disbursement for whenever that person is located.
Louise Cobell offered her statement to the court by phone at the beginning of the hearing, she said that over 99% of the Indian plaintiffs supported the settlement and the attorneys said that of all the Indian communities they visited with, the Indians were happy. I explained to the court that this was not an accurate perception because so many did not opt out because they didn't fully understand the stipulations of the settlement and that felt resigned to accept what they can since there appears to be no hope for justice in this case. Another person raised a point that she knew many Native people who don't even read mail from the federal government, along with the fact that there are Native people who do not have TV's, Internet or read the papers so there are those who weren't aware of it.
One of Cobell's attorneys dismissed this and said they are sure everyone knew about it, except those whom they have no current address for. He reiterated that 99% of the Indians thank him and appreciated the efforts. Personally, when those attorneys came to Durant, I was not aware of it until a week later. I wished I had known because I would have been there. I never received an email, letter or anything, I wonder how well attended some of these meetings actually were.
Indian Education Scholarship Fund
In order to make the settlement appealing as an act of sincerity, there is actually a $60 million limit for educational scholarship; it will be partially funded from the Land Consolidation Fund that is devised through a special formula. Along with portions being used for administrative costs to operate the scholarships. It is important to understand that some portions of the 3.4 billion will return to the US Treasury:
· The Department of the Interior will have up to 10 years from the date the Settlement is granted final approval to purchase the fractionated trust land. Any money remaining in the Land Consolidation Fund after that time will be returned to the U.S. Treasury.
· Any remaining funds in the Accounting/Trust Administration Fund, after all distributions and costs relating to the Settlement are paid, will be transferred to the Indian Education Scholarship Fund.
· Any payments for Class Members that remain unclaimed for five years after Settlement is approved will be transferred to the Indian Education Scholarship Fund. This transfer will not occur for money being held for minors and adults who are mentally impaired, legally disabled, or otherwise in need of assistance.
The 3.4 billion-settlement will actually be smaller than many have been led to believe once it is over, and some of the account holders who may not have been aware of payments in their accounts could lose them.
Breach of Trust
As I sat through the hearing, I waited to hear if there would be a response from either of the attorneys or the Judge in regards to my arguments that there was a serious breach of the fiduciary relationship that was established by a series of Supreme Court decisions known as the Marshall trilogy that decreed Indian people were wards of the federal government. In any other guardian - ward trust relationship that is violated by the guardian, they are removed and prosecuted. I made a comparison to having a knife shoved to the hilt in our backs by the defendants, and then only pulling it out less than 2% could not be construed as a victory. I told the court that it has been nearly two hundred years and that we are more than competent to manage our own affairs and that a meaningful ruling would include the dissolution of this trust and that the Indian people reorganize their self-governance through their own means and not one required by the Indian Reorganization Act. I said we want to be liberated from this relationship.
In a memorandum and order dated 7/12/05, Lamberth wrote:
The plaintiffs have invited the Court to declare that Interior has repudiated the Indian trust, appoint a receiver to liquidate the trust assets, and finally relieve the Indians of the heavy yoke of government stewardship. The Court may eventually do all these things—but not yet. Giving up on rehabilitating Interior would signal more than the downfall of a single administrative agency. It would constitute an announcement that negligence and incompetence in government are beyond judicial remedy, that bureaucratic recalcitrance has outpaced and rendered obsolete our vaunted system of checks and balances, and that people are simply at the mercy of governmental whim with no chance for salvation. The Court clings to a slim and quickly receding hope that future progress may vitiate the need for such a grim declaration.
Such a ruling would have given me the sense of justice we would all share in, but the silence in addressing this point affirmed that they are not ready to relinquish control of our assets and lands. To do so would mean they could no longer have access to the natural resources that lay beneath our collective lands; they could no longer politically dominate Native people. As it is, the hand that has the knife in our backs still remains there.
Timed to an appeal
Although the court has approved the settlement, it is not really over. The processing of checks and other aspects of this settlement will not take place for a period of 60 days in the event of an appeal. I haven't seen that point explained in the news. One reason is that if any of the conditions of the settlement is changed, then it becomes null and void. Neither of the attorneys, nor the court wants this to happen.
If there was a time to rock the boat, this is it. We may be ignored and criticized by those who only care for money, but in my closing to the court I stated that I reserve the right to appeal if the settlement is approved and that if my appeals fails all the way to the Supreme Court, I reserve my right to opt out of the case. I said I remained hopeful that we might see true justice from the court by denying this settlement.
In the settlement, there is a disclaimer that states the federal government is not acknowledging any wrongdoing, the language is similar to the apology resolution Clinton signed for the illegal overthrow of the Hawaiian Kingdom or in the Native American apology resolution. Even though Judge Hogan was publicly reported to have said the government “mismanaged these resources on a staggering scale.”
We have 60 days to submit a notice of intent to appeal and develop a brief in support challenging the fairness of the settlement. And in the meantime, everyone should keep a careful eye on the tribal governments and Interior Departments. Earlier this month, Judge Hogan allowed consultations to occur with tribal leaders to hold discussions on implementing the land consolidation. They already knew the outcome of this Fairness Hearing and were impatient to start moving forward. Don't let a single one go by quietly.
In closing, I am grateful to all who made it possible for me to be there, to all the others who made sacrifices to speak their objections to the settlement, and to those who came and bore witness to an example of the injustice we've endured over the centuries. I've reflected on so much since the hearing, and I recall a line from an article written by a Choctaw whose name I can't remember, but it begins, "If we were allowed to practice our sovereignty in the morning. What would it look like?" I've wondered about that for years, and where are we in that process. I believe that we should be proactive in this regard and begin this conversation within our own communities. We can't rely on the federal government to do this, and we already know what it looks like. And if you really look at the treaties, how often have we said that they have violated every treaty they made with us. Isn't a contract null and void if violated by a party, releasing the other party from its obligations?
Maybe it is time we take a leap of faith and begin really empowering ourselves. Some of us are capable of fighting the battles at the door, but the People need to find ways to come together and keep coming together until we have developed our alliances with one another. This isn't going to happen quickly or overnight, and it has taken a few centuries of assimilation to push us this far.
I don't have all the answers, just a principle to base an idea upon and I hope that it can begin here before we find a time where it will be too late as we have understood our respective prophecies.
I send my heartfelt prayers to all who read and share the words I have written here.
Ben Carnes
(c) copyright 2011
2 comments:
- Cookie said...
Hi Ben,
That was very well said, and I and others, support what you are saying. I believe it is the time to come forward, if there is a time. I have often wondered myself how to reach all the people out there, when many do not have internet. It would seem you would have to use a combination of ideas, maybe some people would agree to travel to the communities, when they are notified by internet. It can be done, and you have to start somewhere, it's that first step that's so difficult. If I can help, let me know. I am rather surprised by facebook, how well news travels, but again, that requires internet. I guess you would have to inquire with each nation to find support, and then find people to keep them posted. That is a huge undertaking, but like you said, if the time is right, I believe it will come together.- Ben Carnes said...
I now from experience that it is one thing to write and speak about it, and it is quite another thing to have to organize. I've looked at this for some time and the Internet is a valuable medium to transmit messages, but coordination will need to be established in many of the communities to disseminate information.
It is with comments and support such as yours that something can begin, like minds will find one another. So lets see how the interest builds around this. I've been sending this to several news sources and asking friends to re-post to their friends. I'm in central time here and it is 5 PM. People are just started getting off of work in the past hour and will do so for the two to three hours. I appreciate your comment ad keep in touch!
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Have a good weekend! aloha.
https://www.youtube.com/watch?v=3VVuMIB2hC0
(Note........second message was sent to eaglemanz :
Amelia Gora
A United Group Suppressed by the U.S. Possible? ....American Indians, Alaskans, all former slaves, nations, etc.
* Posted by Amelia Gora on June 24, 2011 at 7:46am in Politics
* View Discussions
https://www.youtube.com/watch?v=X6Y4kpZ7xQk
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http://eaglemanz.blogspot.com/2011/06/cobell-settlement-knife-in-our-backs.html#comment-form
Eaglemanz Communiqué's
note: posted your info on the maoliworld.ning.com forums with my comments:
note: my comment pending...........
June 22, 2011 4:07 PM
Everyone needs to know that the intent of the U.S. government is to disenfranchise the true owners from the lands.
The set up of "blood quantum" became a goal because eventually the 50 percent will diminish and the lands will be for all/the PIRATES that is...
What to do?
Form a united Indian pact and have a think tank going.......move on documenting genocide of the Indian races in the international arena....
discourage the young from participating in Warmongering as a U.S. serviceman, etc.
gain support from neutral, non-violent nations such as some of the friendly nations..........
along with the Hawaiians/kanaka maoli, the true owners are under stress, duress, coercion, and usurpation......need to document that the U.S. is a genocide nation built on lands that they do not rightly, legally, lawfully own and document it so........
It's funny that the U.S. moves around the world to change governme...
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Have a good weekend! aloha.
p.s. am part Hawaiian, mixed as well as a descendant of Geronimo, Apache leader, et. als. fyi
https://www.youtube.com/watch?v=3VVuMIB2hC0
*****************see entire post at http://maoliworld.ning.com/forum/topics/a-united-group-suppressed-by (for the record) )
Replies
hi Pomai.......
just noticed that my entire comment was not posted......this is it:
Everyone needs to know that the intent of the U.S. government is to disenfranchise the true owners from the lands.
The set up of "blood quantum" became a goal because eventually the 50 percent will diminish and the lands will be for all/the PIRATES that is...
What to do?
Form a united Indian pact and have a think tank going.......move on documenting genocide of the Indian races in the international arena....
discourage the young from participating in Warmongering as a U.S. serviceman, etc.
gain support from neutral, non-violent nations such as some of the friendly nations..........
along with the Hawaiians/kanaka maoli, the true owners are under stress, duress, coercion, and usurpation......need to document that the U.S. is a genocide nation built on lands that they do not rightly, legally, lawfully own and document it so........
It's funny that the U.S. moves around the world to change
governments
of nations saying democracy is a goal.......and dare they look in t...
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As for Neil and his friendz in tow, who doesn't appear to know the issues..........found that her tutus, the Auld's are part of the ones being taken out from their graves at Kawaiahao Church....... see list at:
http://www.kawaiahao.org/publications/Kawaiahao.SHPD.061909.pdf
http://kumupono.com/Kawaiahao%20Obituaries/Kawaiahao-Obituaries.html
By Kaohi supporting Neil Abercrombie, et. als., it pretty much means that she is on the other side..... she doesn't give a hootwink for the Hawaiian Nationals...........and is doing her community service of her ancestors who did help to dethrone Queen Liliuokalani.........same story, new scenery....
by the way, PIRATES on the High Seas is documented.........this is what the international attorneys document:
1) Boyle
http://www.alohaquest.com/archive/boyle_excerpts.htm
2) others
http://gml.cwis.org/WWWVirtualLibrary/melpac.php
3) Dr. Matthew Craven, et. als.
Hawaiian Journal of Law and Politics
www2.hawaii.edu/~hslp/journal_vol1.html - Cached - Similar
Hawaiian Society of Law and Politics - General Information
www2.hawaii.edu/~hslp/index.html - Cached - Similar
CONTINUITY OF THE HAWAIIAN KINGDOM by Dr. Matthew Craven Reader in ...
by M Craven - 2002 - Cited by 2 - Related articles
CONTINUITY OF THE HAWAIIAN KINGDOM by Dr. Matthew Craven. Reader in International Law. SOAS, University of London. Being a portion of a ...
www.hawaiiankingdom.org/pdf/Continuity_Hawn_Kingdom.pdf - Similar
hawaii-nation : Message: Hawaiian Journal of Law and Politics ...
groups.yahoo.com/group/hawaii-nation/message/677 - Cached
Legal Brief on Haw'n Kingdom continuity ... - Nov 10, 2002
More results from groups.yahoo.com »
HAWAII - INDEPENDENT & SOVEREIGN
www.hawaii-nation.org/ - Cached - Similar
Professor Matthew Craven | Academic | SOAS
www.soas.ac.uk › ... › Departments › Law › Department Staff - Cached - Similar
Hawaiian Society of Law & Politics - Hawaii / South Pacific Travel
forums.about.com/n/pfx/forum.aspx?tsn=1&nav...hawaii... - Cached
The Basis for the Restoration of the Hawaiian - What Really Happened
whatreallyhappened.com/.../HAWAII/.../Basis%20for%20Restoration.htm - Cached
Is it illegal to be Hawaiian? By Kai Landow | Kingdom of Hawaii
kingdomofhawaii.wordpress.com/.../is-it-illegal-to-be-hawaiian-by-kai-landow/ - Cached
Hawaiian Kingdom Government - Welcome - E Komo Mai
www.nativeamericanembassy.net/Hawaiian_Kingdom/ - Cached
there's more.........google.com
https://www.youtube.com/watch?v=JiRP3vUuT0w
Kaohi mostly means well but we can continue to watch because her Abercrummy pals are watching too.....most interesting because Hawaiians are moved by their sinister friends...........everything set up by the Pirates was meant to support those who support their government.........Kaohi claims she's a Kamehameha descendants, but, the move was to create an illusion that Kamehameha had more than 22 wives, which is simply not true............if you read the books of the Russian Sea Captains of the 1818 period, Kamehameha had only six (6) wives documented............it was they who documented Kaoleioku's death in 1818............Kaoleioku was the oldest son of Kamehameha. Had he survived and became the second, Kamehameha II, perhaps things would have been different?............but we'll never know....the fact remains, the true descendants are here and much can be done, including charging identity theft on particular people etc.
Queen Liliuokalani did prophesy about the missionaries children..........and it's coming out.......
At least the true colors are showing for some people and that's really o.k........because we know who are our true families/friends......aloha.
https://www.youtube.com/watch?v=tbZDjnWtK1A
must not forget Professor William Jefferson Chang of the John Burns School of Law:
"Hawaii and the United States were separate and independent nations prior to July 7, 1898. This Court may take judicial notice of that fact. No act of Congress, no Act of the Congress of the United States, no act of any Congress in the world can, without more, result in the incorporation of the territory of another nation." 1
1 See Exchange of remarks, Senators Allen and Stewart, 55th Cong. 2 d Session. 31 Cong. Rec. 6369 (Senator Stewart taking the position that the resolution was mere "puffing," in that the United States can "annex the world" if Congress so chose.) No nation has that power and not nation ever will have that power. Equally true, no nation can suffer the loss of its lands by "joint resolution." It is not simply an illegal act - it is an impossible act. See Statement of Senator Foraker admitting Joint Resolution cannot annex Hawaii. 55th Cong. 2d Sess. 31 Cong. Rec. 6585.
Page 5: "No one claimed that Congress had power beyond the boundaries of the United States".
The following is regarding "The legislative history is more than clear: Congress deliberately sought to deny the Courts of the State of hawaii in rem jurisdiction."3 "Public Law 86-3 is the sole basis by which this Court derives its very existence, let alone its powers."
"3 Leaders of both the Republic of Hawaii and the United States were well aware of this fact. See Correspondence of Sanford Dole, President of Hawaii to A. Hartwell, dated November 15, 1899 from the State Archives of Hawaii ("A reference to the joint resolution of annexation and the treaty shows clearly the untenable position of the President’s order in that it attempts to affect land transfers made between July 7, and August 12, 1898; for the treaty by Article 1st agrees that the Hawaiian Islands be annexed to the united States under the name of the Territory of Hawaii;") the joint resolution changes this in a most radical way in the first paragraph by annexing the Hawaiian islands "as a part of the territory of the United States." The Treaty agreement having been departed from in this important particular by the joint resolution, it cannot be of course contended that the letter has an authority in relations to the Hawaiian Islalnds until it was accepted by us which acceptance took place on the 12th of August 1898." The protracted debate over the Joint Resolution had brought this fact to public attention. No one claimed that Congress had power beyond the boundaries of the United States."
Professor Williamson Chang under penalty of perjury stated the following:
He is licensed to practice in the State of Hawaii and before the United States District Court for the District of Hawaii and that he is now the attorney for Rachel B. Painter and appears on her behalf in the above entitled matter.
That he as filed a complaint in the United States District court for the District of Columbia that relates to this case.
Said action is titled, Painter v. The United States of America, LCIV98001737 and was filed on July 10, 1998.
That said action is related in that it seeks declaratory relief as to the scope and meaning of the Act of Admission, Section Two.
That Section Two of the Act of Admission excludes the Island of Palmyra from the State of Hawaii. That such was the intent of section two.
That the same section two also excludes the island of Oahu, on which the property here is located. That the legislative history of section two supports this plain reading of section two.
That said section two states that:
"The State of Hawaii hall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii, except the atoll known as Palmyra Island, together with its appurtenant waters and territorial reefs, but said State shall not be deemed to include the Midway Islands, San Island (offshore of Johnston Island) or Kingman Reef, together with their appurtenant reefs and territorial waters."
That the area within the Territory of Hawaii was set by section two of the Act of april 30, 1900, which states:
"That the islands acquired by the United States of America under an Act of Congress entitled ‘Joint Resolution to provide for annexing the Hawaiian Islands to the United States,’ approved July seventh eighteen hundred and ninety eight, shall be known as the Territory of Hawaii."
That he is aProfessor of Law at the University of Hawaii, William s. Richardson School of Law.
That among his duties as a Professor of Law he has been required to develop courses in Native Hawaiian Rights and Legal History.
That he received a grant from the National Science foundation to study the evolution of property rights in Hawaii.
14. That he shall attach, when certified by the Library of Congress, copies of various documents relating to this motion. That said certified documents should be available within two weeks.
That in the course of fulfilling the terms of the above grant, and in the course of his duties as a Professor of Law at the University of Hawaii, assigned to Native Hawaiian Rights and Legal History that the following documents have come to his attention:
The records of the debates on the Joint Resolution to Provide for Annexing the Hawaiian Islands, from the debates on that resolution of the United States Senate, particularly those pages of the Congressional Record, volume 31 pages 6331-6369, 6634-6634 and 6585-6572 chich contain statements of numerous senators that the Joing Resolution was not a treaty, and could not have any effect on Hawaii.
Records of the debates on the Act of april 30, 1900, which show that the Joint Resolution, as viewed by the Senate two years later did not incorporate Hawaii as territory of the United States. Those statements are on various pages of volume 33 of the Congressional Record, such as 2385-2391.
The supreme Court Record as found in the Library of Congress, the Law Library thereof,for the case Hawaii v. Mankichi, 190 U.S. 197 (1903). The decision itself, together with the record of briefs of appellee and appellant in that matter show 1) that the Supreme Court ruled that the Joing Resolution did not incorporate the Hawaiian Islands as territory of the United States and that 2) the Appellee, then Territory of Hwaii took the position that the Joint Resolution did not make Hawaiii part of the United Sttes. (See brief of appellant Edmund Dole, Attorney General of the Territory of Hawaii.)
Other documents, such as volume 23 of the Opinions of the Attorney General of the United States, numerous opinions of the Attorney General state that the Joint Resolution did not incorporate Hawaii as part of the United States. In particular, Hawaii remained separate and independent for numerous purposes identified only with the rights of a sovereign and independent nation: to wit Hawaii was permitted to lay a tonnage tax on shipping between Hawaii and the United States, Hawaii was deemed separate and sovereign for the purposes of claims by British subjects arising from torts allegedly committed against them by the Provisional Government of Hawaii and Hawaii was not "the United States" for the purposes of the existing laws of the United States excluding Chinese.
House Report 305 pf the 55th Congress which shows that the ceremonies held on August 12, 1898, in Honolulu, Hawaii had no legal effect. That is also the opinion of the United States Attorney General as stated in volume 23, relating to the "Public Lands" See pages 628 et seq.
Documents that show the intent behind section two of the Admission Act: That in the deliberations on the Statehood bill, S.49 in 1953-54, the Senate Interior and Insular Affairs committee rejected the language defining the boundaries for the future state of Hawaii, as then proposed in the draft of the State Constitution approved by the people of Hawaii November 7, 1950.
That the reasons for such rejection are partly stated in a "confidential memo" of Clark Clifford to Senator Earle Clements. That such memo notes that the definition of the State, as proposed by the people would differ from the definition of the State as set forth by the Senate in S. 49. That the Senate must reject the definition as proposed by the State Constitution. That the people of Hawaii must affirm the changes as demanded by the Senate. That, according to Clark, if the Constitution is not amended, either by reassembling the Constitutional Convention, or by a vote specially held prior to statehood, then Hawaii should not be admitted as a state.
That numerous proposed alternatives to the present boundaries of the State were considered by the Senate Interior and Insular Affairs Committee, and that such alternatives would have included the Palmyra Islands as well as the Island of Oahu. That such alternatives were rejected in favor of the present language. That the present language is identical to Committee Print 6 of S.49. Committee Print 6 adopts the approach of Committee Print 5. Committee Print 5 differs substantially from all earlier versions as committee Print 5 states that the area of the State shall consist of that of the Territory, except the atoll known as Palmyra. That Print 4 and earlier prints, contained such language that would have included all islands within a certain designated parallelogram as defined by reference to longitude and attitude. That such approach was recommended by the Department of Justice, in a letter of J. Lee Rankin of January 11, 1954. Those approached would have affirmatively included islands within the new state. Thus, the adoption of the prsent language displays conscious intent to exclude all islands.
That said approach continued the existing policy of Congress whereby the Territory was defined by reference to the legal effect of the Joint Resolution.
That certain Senators on the Senate Interior and Insular Affairs committee were well aware that the Joint Resolution did not acquire for the United States either the island of Palmyra or the Island of Oahu. That such knowledge can be imputed from the transcripts of the Senate Interior and Insular Affairs committee, as to a non-public hearing of March 17, 1953. Such knowledge can be imputed to Senator Clinton Anderson who was so informed that the Joint Resolution did not incorporate the Hawaiian Islands by memorandum in April of 1954.
That the plain meaning of section two is supported by the available legislative history.
That this motion is brought arising from counsel’s duty under the Code of Professional Responsibility to zealously represent his clients. That said grounds for this motion are basic and elementary. The boundaries of the State are within the knowledge of those who practice beforee the Bar of the Courts of this State. That said counsel is not bringing this motion for the purposes of delay or harassment. Rather, the failure to raise this issue, in the course of representation would be possible grounds for incompetent representation.
Under Pentaly of Perjury, I, Williamson Chang states that such are true and correct, the documentary evidence referred to does exist and was found and examined by myself, in various archives and libraries, including the Manuscript Division of the Library of Congress.
AFFIANT FURTHER SAYETH NAUGHT.
(Signed)
Williamson B. C. Chang
Subscribed and Sworn to Before Me:
This Wed. Day of 29 July, 1998.
(signed)
NOTARY PUBLIC STATE OF HAWAII
My Commission Expires: 9-5-99
L.S.
of nations saying democracy is a goal...and dare they look in their own backyard? the occupiers usurping other nations governments....everyone can see through that....criminals trying to validate their actions to everyone...Pirates amongst us trying to validate their actions and yet being so wrong...the U.S. has mucked up every nation that they have touched....and it is the true peoples of the land that they turn to...for healing of mother earth...wicked...their actions must be exposed and countered........aloha.
this is the partial half of my post which appears to be truncated....had to retype this part..........hmmm...........aloha.
https://www.youtube.com/watch?v=SpwSxHiiNSw
ALOHA Kaua, e Amelia,
Our CASE is so perfect that we were done wrong. In all the years of my resreach I find that all the wrongs are on the part of the United States!
Along with that are those of our people who support the wrongs of the United States on our people!
Especailly those of our people of today!
Many laws gives our people the right to restore our nation.
Restore our nation as "Hawaiian Nationals"!
Restore our nation as a people undivided!
For too many years our people have been divided into so many ways.
Long Live The Kingdom of Hawaii, o Pomai
hi Pomai, True......and we can...............and it appears our help is also needed for others........aloha.
ps the plight of the American Indians also hits home........
https://www.youtube.com/watch?v=FbrcTzawbec&feature=related
e Ameilia,
We need to look Directly on our case, our nation. Unlike the Indians our people did not go to War with the United States and LOSE! This is why I say that our case is PERFECT!
Thru the years since 1900 our people have done much to correct the wrongs of the United States. Only to the United States to BETRAY our people in their laws that they set up for our people!
Now the FAKE State wants to charge people to going to the Public Beaches! Public Beaches which our the TRUST LANDS of the People. HOW HEWA is that?
Native Hawaiians are federally recongized by the United States as a TRUST and treated like Welfare People! HOW HEWEA is that?
Some day I like to meet you at the capitol and show you a book on Hawaiian Homes. Show you some stuff that will BLOW YOU MIND AWAY. I can't get anyone at the Legislature to move to correct the wrongs in that BOOK! As the Land Base for Hawaiian is 970,000 acres of lands, not 200,000!
I have always defended the rights of native Hawaiians! I got arrested many times for native Hawaiians!
Long Live The Kingdom of Hawaii, o Pomai