The looming First Nation war
by hawaiianembassy
Posted on: Mar 25, 2009 at 11:06 AM EDT
Kim Gottscalk an Attorney for the Native American rights fund [NARF] told me “He didn’t want to be involved in a native against native legal action”. Actually nor did we and didn’t know yet what he meant. As I was to find out later this was the first shot in a war of the First Nations of the Americas against the Hawaiians. Albeit a legal war, the devastation it promises may be vast in its proportions.
What had begun as a simple request for legal help and had uncovered for us some of the secret workings of our own Office of Hawaiian affairs [OHA] and its relationship with NARF. We have been looking at the upcoming case; the State of Hawaii vs. OHA and we were considering entering an Amicus brief into the case. Our problem had been all along is there was no arguing up or down the lo wer court decision. I believe many First Nation’s have faced the same legal dilemmas, where in to argue up or down is a choice of the lesser of two evils. We in Hawaii have been formulating a new approach not based on a nebulous rendering of law, but on the direct application of the law.
Hawaii is a Independent State, not a race!
Hawaiians have a somewhat different legal status than that of most first nations. The Americans did not occupy in 1893 a Tribal Nation or any kind of decentralized confederation of smaller governments [not that your countries were not equally sovereign]. They occupied a modern nation recognized by at least 20 of the leading world nations. Hawaii further had over 90 foreign legations and functioned as any other contemporaneous multicultural nation. We in fact have never given up our legal challenge presented by our queen Liliuokalani at the time the American seizure and it still waits for an answer.
Hawaii was and is a modern nation on any standard of measurement. In 1843 our government established the great Mahele [land distribution] assigning royal patent deeds for all the lands of Hawaii to Hawaiian subjects. The Americans accepted the validity of these royal patents and incorporated them into their occupying government. This created a problem for the occupying government on one hand they sought to embody the Hawaiian Kingdom and function as a successor or replacement and on the other hand wanted to acquire the majority of landholding in Hawaii.
In a sense it20is this desire for legitimacy which created no legal basis or foundation for the seizure of the crown lands [Also known as the Ceded Lands, 1.8 million acres in Hawaii] or for the existence of State of Hawaii itself. One good way of to eliminating legal land ownership is to turn the owners into tribal people. So the United States in essence wiped out 64 years of our governments modern history and categorized Hawaiian nationals as indigenous. There has never been a discussion regarding the rights of Hawaiian nationals who were not descendants from the 1778 Hawaiians, defined by the United States has aboriginal Hawaiian people.
The firewall known as Allodial Title
Hawaiians have a long tradition of jurisprudence even before Europeans stumbled upon the Archipelago. When the King Kamehameha III, transformed the government into a Constitutional Monarchy in 1839, the “Rights of Man” and the “Constitution” were rooted in the common practice of Hawaiians. Thus, the formulation of land ownership was translated into Allodial Title for the purposes of western understanding.
“Allodial Title is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.”
In our legal position we can clearly assert this claim because the world accepted Hawaii as an Independent Nation State. It is the law that preserves Hawaii and the law that prevents the Sta te from openly alienating our lands, without extinguishing our claims.
The stranglehold of Morton V. Mancari
I don’t see the problem as an indigenous issue but as a national one. If you’re going to be an American then you’re subject to its laws. In America if you’re going to ask for special treatment under the law, then you’re going to lose. Mancari creates a legal fiction! It suggests that it recognizes first nation’s sovereignty and is based on a political relationship to create a “special” legal basis. This on its face would work fine if the tribes that it applied to were truly sovereign. What I mean by that particularly, is that each nation can define its own citizens and set about its own policing and self determination. I am not going to pretend that I am any kind of expert on the application of over 250 separate sovereign nations in their relationship with the United States government. It is my understanding from discussions with several people of different first nations that many of you are subject to “blood quantum” requirements imposed by the government of the United States.
It is the policy of the Hawaiian kingdom government not to interfere with the judicial initiatives of the First Nation’s legal battles with the U.S. I think that the acceptance of Mancari is a fruitless legal position and I don’t believe it has gained you the return of any lands. It is clearly up to you and your advocates at NARF to determine your best legal strategies.
We were lied to:
Back in 1978 we were led to believe that the creation of the Office of Hawaiian affairs would be the beginning of the return to self governance. It was supposed to be funded my monies collected from the crown land trust. It was to be run by “native Hawaiians” voted into office by other “native Hawaiians”. The problem was the U.S. never intended it to succeed and funded it with Federal money and placed it under the jurisdiction of the State of Hawaii.
Rice V. Cayetano
When you except the facts that OHA was funded by Federal dollars and subject to the jurisdiction of the United States, then you find the case was decided properly. That decision allowed any citizen of the State of Hawaii to vote for the representatives of the Office of Hawaiian affairs and further allowed “non native Hawaiians” to hold office. The end result of this was the ceding of OHA’s authority completely to United States. The court also determined that the Office of Hawaiian affairs did not represent the so called “Native Hawaiians”.
So what NARF, never read the ruling?
In the process of consulting with NARF they informed us that the Hawaiians were represented by OHA. We found it strange to have to explain to them the true status of OHA and they still seemed stuck on the correctness of the ruling of Rice V. Cayetano. The court has ruled, the agency has ceded its power and it functions as a wanna be Bureau of Indian affairs. After fully disclosing our position and our strategy we were flatly turned down for help of any kind. I guess you get kinda misled by their recording while waiting for someone to pick up the phone at NARF.
“We are the Native American legal warriors fighting for justice for all native peoples.”
I believe the recording goes something like that and they got such great names- Echohawk, Brave, Gottscalk and Landreth. For a minute there I thought we had reached an organization committed to the same things we were. We went away unhappy and determined to find a way to address our legal issues. The surprise happened when we read the national Congress of American Indian [NCAI] Amicus brief to our case. Kim Gottscalk had told us that they were not going to enter this case and that they didn’t have the resources to do it. It was surprising then to see that Kim and NARF had prepared this case for the NCAI.
Hawaiians our Indians under Mancari.
The brief does start out very polite and asks the court to remove the cert and that it should not be hearing this case. But then it says if the court does decide to hear this case, it should look to Mancari. In essence it asks the court to put native Hawaiians under the same oppressive legal regime of the first nations. I have to let you know that this in essence argues diametrically opposed to the position we expressed to them.
NARF declares war of the Hawaiians.
Hawaiians are a nation and with respect were not Indians, we don’t wish to be Indians and we don’t want your legal advocates sabotaging are efforts to relieve ourselves of American oppression. Apparently at the time they already had a relationship with OHA and as I found out later it was OHA that asked them to make this argument. They would have faced a major backlash in Hawaii if Kanaka Ma’oli found out they wanted them to be under the BIA. Melody MacKensie [of OHA] told me she had worked with NARF directly on the brief. So should we work with the BIA to undermine First Nations legal initiatives? I don’t need an answer.
Do the First Nations support their advocates working with the State of Hawaii and the Federal Government to squash Hawaiian legal efforts?
We do know that several tribal governments recognize our sovereignty. The filing of this brief was a violation of our protocol and a denial of our sovereignty and an identification that NARF is an entity working for the Federal government. We want to know who if the actions of your advocates are one that you support? Because it as it turns out Kim Gottscalk did want to fight a native against native battle, he just wanted to know what our legal argument was before he went to war.
The devastated wasteland
These are the kind of things that make the American government very happy. In Hawaii we’re constantly being accused of not being unified and don’t forget living on welfare. We seek positive and constructive r elationships with all of the Indian nations and this is a “special relationship” that has no basis in law, but in Aloha. Though we will always reach out and see you as our brothers and sisters we will not accept your advocates sabotaging us! No good can come from this kind of interference in our legal business. NARF told us that they were afraid that the justices might use this opportunity to introduce Mancari to their detriment. So they felt it was necessary they claimed, to enter this brief without our knowledge to prevent the court from going into a decision that might injure First Nations interests. As a result you have injured us. We wait for the Supreme Court to rule in this matter and it is very unlikely that Morton V. Mancari will have any bearing here. This is not a good precedent to set and will only end up in a diminishment of all of our nations.
The core of the Hawaiian legal problem is that America has not abided by the law [International or domestic] and we are being asked to address this illegality with an acceptance of their immunity from justice. Hawaiians are required to fulfill the letter of the law and the US can do what is convenient; this is a way forward that will create an unstable legal future for the world
A furthering of these interventions into our Kuleana [business] will create a poisoned landscape between people that should stand together. I cannot stress enough, the damage this will create will take years to fix, if we have to fight=2 0the First Nations as well as the United States. We do not seek this problem with you and invite you to a dialogue to clear up any disagreements.
.
A Hui Hou Ka Kou
Kai Landow
Liaison Hawaiian Embassy
Tom Anthony
Attorney General
Hawaiian Kingdom
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When we attended the Lance Paul Larsen vs. Hawaiian Kingdom case at the Hague December 7, 8, 11th 2000, we individuals who were in attendance "were recognized" as "the people of the Hawaiian Kingdom" by the arbitration judges.
The Secretariat General of the Permanent Court of Arbitration, Tjaco van den Hout, made it a point to come to a reception and personally repeated to each of us;
"I needed to meet with the people of the Hawaiian Kingdom".
Nothing has really been noted about this, but at the time we all kinda thought it was "interesting", but now I can share here that it was "significant"!
Even if it only was about 40 of us, "the People of the Hawaiian Kingdom" were "represented" by our attendance and that means "WE Still Exist", and were officially noted by this official of the international court!! We are on their records!
_____________
Mahalo. These words brought tears to my eyes. It helps to justify what seems to be my eternal fight for our LaHui.
I spent the last 2 days in Hilo at the Board of Land and Natural Resources board meeting - for action on the Mauna Kea Comprehensive Management Plan. I argued against giving u.h. and u.h.-hilo powers on the mountain. We (we call ourselves the Mauna Kea hui) lost - at least for now.
We have asked for a contested case hearing.
I'm hoping that we will at least prevail in that forum, or come out making major amendments to that document.
I appreciate all of you (fellow) patriots who continue to join the fight. Let us never give up as we "Onipa'a" with the Queen. We/You should all be congratulated and celebrated.
> Why is this written like it's some kind of an official government document,
Maybe because that was its authors' intent.
> then it switches to Kai sharing his mana`o, then signed with official titles?
Yes
> An KU what was your intent? Did you think this was an article, cause it just reads
like a post to a discussion, but sorta has some "importance"...I don't get it.
Other than thinking it was an interesting email - I have no intent.
It is whatever you want to make of it. I posted it because it could initiate an interesting discussion.
I'm sorry that you don't get it.
> Introduce yourself, or at least to me if everybody else knows....What "group" are you and Tom?
I graduated from the school on the hill - '54. I've also graduated from a law school in Idaho. I've also been a practicing attorney and an OHA trustee ('86 - '90). I'm a cultural practitioner, especially on Mauna Kea and I'm a supporter of Hawaiian independence - the Kingdom should be restored and the occupying military forces of the u.s. should go home. I am NOT a supporter of the u.h. Mauna Kea proposed Comprehensive Management Plan.
I'm not a member of the group that these 2 gentlemen belong to.
I understand what you are saying. We did not organize a government for the Kingdom. We joined them! We recognize and work with all the people in the Kingdom government as it can best form itself under the conditions of oppression. That includes Henry Noa, Keanu Sai, Mahealani [both], Mililani Trask and Bumpy, ETC.
Our titles are "Pro Tem" and we view all of the people involved today under the same status until we can have real elections. Our titles come from a need to be filled and we are ready to be replaced or joined by other people more qualified or more appropriate to do our work. this is work we do for no compensation or do we charge people for help when we give it. I beleive Kanakas need to step up and I hope you too will join us in this. We need more help then we have at the moment and I hope you and Ku will take a position here more directly involved with us.
The term "Groups" suggests and is used by the press to imply that the Hawaiians are not unified! That somehow we are seperate "groups" or governments at odds. Each local government has their makaainana and together we all our the Kingdom government. We have joined them in this Ku'e. Unity for me also comes from Olelo and how you use that is Mana and change.
"In order to "use titles" you should have people who "recognize you" in such capacity."
To me when I get that question I take it to mean, OK who you guys working with so I can decide if I like the "Group" you with or I get pililia with them and so dismiss you.
So when I tell kanakas who I work with and who in a sense "Recognizes me" they can judge. but as I have said I am working with everyone and in an effort to not evade your question. Alfred Spinney, Leon Siu, Tom Lenchenko, Lanny Sinkin [including Silva, Hank Fergustrom], Hanalei Colleado, Foster Ampong and his hui and I could go on. I sometimes feel I need permission particuliarly from the Kupunas I work with to Inoa them.
But I am less than those titles and If I am anything it is because people have allowed me to do this Hana. I sincerly feel it is the responsibility of everyone involved to be active here and if they have issues with me to Kuka [I am easily found] and if they want it done differently, they can do!
E kala mai i au if it seems arrogant what we wrote and perhaps we could be me more humble in are approach. I guess in the effort to make a point to people outside Hawaii we when be a little forceful. I hope that answered it clearly, if not let me know.
Don't worry too much about him calling you nasty names. He did it to me on his disorganized website and stated that I was the webmaster of a few websites that I have no idea who created it LOL I IGNORE HIM and I think more people should ignore him. I know someone who posts here now who used to respond to him but he stopped which is great.
Even when writing about him at www.KenConklin.com I write about him in the THIRD person and at the Honolulu Starbulletin and Honolulu Advertiser forums I write about his response in the THIRD person because he does NOT matter so I hope you focus on your work, Kai.
He writes some inaccuracies about the truth AND misrepresents the truth whether it be about Hawaiian history, Hawaiians, and/or about ME. No boddah with him because waste time and energy!!!
For example he posts pics of some Hawaiians WITHOUT THEIR CONSENT:
That is a violation of their PRIVACY but no mattah. I IGNORE him and I think that more people should ignore him and do what THEY HAVE TO DO whether it be for their kupuna and/or for the iwi.
He wrote about me you see... and do I look like I care that there are many inaccuracies? NO! It does not surprise me because just as he is inaccurate about ME and lies about ME he also is inaccurate about Hawaiians and our history so I IGNORE.
He is someone trying to be SOMEBODY at the expense of the lives of Hawaiians. RJ Mendoza did it in his blog and so did Aaron Stene. Same for Conklin. They do whatever they do/did at the EXPENSE of the lives of HAWAIIANS. NOT COOL!
Please ignore Conklin like how I do and forge ahead! It is very easy to ignore him and people like him!
Shoots! you think I when clime out on dis limb without sombodies down there and up here in dis tree too?
I don't really understand "Need credentials"?
Funny I just get my Hawaiian Kingdom ID and that is the closest thing I know from the Hawaiian Kingdom as for "Credentials" which includes my office designation.
I have tried to explain but I meet with Kupunas and have gotten permission from about all I have spoken with to represent them. i work with the previously mentioned people and we consult daily and these days hourly on policy and positions. I do not make policy I just work to further the cause of justice and you caught me it is me at left in the yellow. I had organized that interview with the OHA lawyer and was trying to an interview there with Hanabusa and Apoliana who turned her back on us.
If it were true what you say- "Actually, you've already explained "you're trying" and "nobody is stopping you", but actually you have nobody standing up behind you."
I would be pretty Lolo to enter into this pilikia. Sad but NOT true! As I have said it is everyone's Kuleana here and it is time to step up. I do not know what you personally are doing but we all need malama and correct each other.
I do actually have official credentials to be the "Liaison Officer" of the Hawaiian Embassy in New York and thus i probably work for you [for no pay, by the way]. So if you disagree it is your responsibility and everyone's to make that clear, I do not hide and my actions are done publicly.
The "nobody is stopping you" is a little unfair only two people out 100's has ask me not to do what I am doing, one is Amelia Gora and the other was just suggesting. Everyday more people from the other local Governments our joining us and it is not a matter of standing behind [cause I like neva need look over da shoulder] It is a matter of joining hands and standing together.
Though apparently I know a different Ku Ching who I have been [working?] doing things with. I guess this one does not know me Auwe, E Maika'i Ka Hana
One question to you "What is the basis for who is to speak for the Kingdom?"
Mine comes from this large Ohana of people working to end US occupation of Hawaii.
Replies
The Secretariat General of the Permanent Court of Arbitration, Tjaco van den Hout, made it a point to come to a reception and personally repeated to each of us;
"I needed to meet with the people of the Hawaiian Kingdom".
Nothing has really been noted about this, but at the time we all kinda thought it was "interesting", but now I can share here that it was "significant"!
Even if it only was about 40 of us, "the People of the Hawaiian Kingdom" were "represented" by our attendance and that means "WE Still Exist", and were officially noted by this official of the international court!! We are on their records!
_____________
Mahalo. These words brought tears to my eyes. It helps to justify what seems to be my eternal fight for our LaHui.
I spent the last 2 days in Hilo at the Board of Land and Natural Resources board meeting - for action on the Mauna Kea Comprehensive Management Plan. I argued against giving u.h. and u.h.-hilo powers on the mountain. We (we call ourselves the Mauna Kea hui) lost - at least for now.
We have asked for a contested case hearing.
I'm hoping that we will at least prevail in that forum, or come out making major amendments to that document.
I appreciate all of you (fellow) patriots who continue to join the fight. Let us never give up as we "Onipa'a" with the Queen. We/You should all be congratulated and celebrated.
ku
sure let me know about the docs. we're trying to get the first nation on board with us against Akaka, etc. some small success and we keep going
kai
Maybe because that was its authors' intent.
> then it switches to Kai sharing his mana`o, then signed with official titles?
Yes
> An KU what was your intent? Did you think this was an article, cause it just reads
like a post to a discussion, but sorta has some "importance"...I don't get it.
Other than thinking it was an interesting email - I have no intent.
It is whatever you want to make of it. I posted it because it could initiate an interesting discussion.
I'm sorry that you don't get it.
> Introduce yourself, or at least to me if everybody else knows....What "group" are you and Tom?
I graduated from the school on the hill - '54. I've also graduated from a law school in Idaho. I've also been a practicing attorney and an OHA trustee ('86 - '90). I'm a cultural practitioner, especially on Mauna Kea and I'm a supporter of Hawaiian independence - the Kingdom should be restored and the occupying military forces of the u.s. should go home. I am NOT a supporter of the u.h. Mauna Kea proposed Comprehensive Management Plan.
I'm not a member of the group that these 2 gentlemen belong to.
ku.
E kala mai Ku I thought you were part of the Hawaiian Kingdom? I am not sure if she didn't mean Tom and I?
If so Tom Anthony and I work for the Hawaiian Kingdom! no group.
kai
I understand what you are saying. We did not organize a government for the Kingdom. We joined them! We recognize and work with all the people in the Kingdom government as it can best form itself under the conditions of oppression. That includes Henry Noa, Keanu Sai, Mahealani [both], Mililani Trask and Bumpy, ETC.
Our titles are "Pro Tem" and we view all of the people involved today under the same status until we can have real elections. Our titles come from a need to be filled and we are ready to be replaced or joined by other people more qualified or more appropriate to do our work. this is work we do for no compensation or do we charge people for help when we give it. I beleive Kanakas need to step up and I hope you too will join us in this. We need more help then we have at the moment and I hope you and Ku will take a position here more directly involved with us.
The term "Groups" suggests and is used by the press to imply that the Hawaiians are not unified! That somehow we are seperate "groups" or governments at odds. Each local government has their makaainana and together we all our the Kingdom government. We have joined them in this Ku'e. Unity for me also comes from Olelo and how you use that is Mana and change.
"In order to "use titles" you should have people who "recognize you" in such capacity."
To me when I get that question I take it to mean, OK who you guys working with so I can decide if I like the "Group" you with or I get pililia with them and so dismiss you.
So when I tell kanakas who I work with and who in a sense "Recognizes me" they can judge. but as I have said I am working with everyone and in an effort to not evade your question. Alfred Spinney, Leon Siu, Tom Lenchenko, Lanny Sinkin [including Silva, Hank Fergustrom], Hanalei Colleado, Foster Ampong and his hui and I could go on. I sometimes feel I need permission particuliarly from the Kupunas I work with to Inoa them.
But I am less than those titles and If I am anything it is because people have allowed me to do this Hana. I sincerly feel it is the responsibility of everyone involved to be active here and if they have issues with me to Kuka [I am easily found] and if they want it done differently, they can do!
E kala mai i au if it seems arrogant what we wrote and perhaps we could be me more humble in are approach. I guess in the effort to make a point to people outside Hawaii we when be a little forceful. I hope that answered it clearly, if not let me know.
A Hui Hou Kaua
Kai Landow
kai
I try not to look
Don't worry too much about him calling you nasty names. He did it to me on his disorganized website and stated that I was the webmaster of a few websites that I have no idea who created it LOL I IGNORE HIM and I think more people should ignore him. I know someone who posts here now who used to respond to him but he stopped which is great.
Even when writing about him at www.KenConklin.com I write about him in the THIRD person and at the Honolulu Starbulletin and Honolulu Advertiser forums I write about his response in the THIRD person because he does NOT matter so I hope you focus on your work, Kai.
He writes some inaccuracies about the truth AND misrepresents the truth whether it be about Hawaiian history, Hawaiians, and/or about ME. No boddah with him because waste time and energy!!!
For example he posts pics of some Hawaiians WITHOUT THEIR CONSENT:
www.google.com/search?q=cache:y7h5RLF9gOEJ:www.angelfire.com/hi2/ha...
That is a violation of their PRIVACY but no mattah. I IGNORE him and I think that more people should ignore him and do what THEY HAVE TO DO whether it be for their kupuna and/or for the iwi.
He wrote about me you see... and do I look like I care that there are many inaccuracies? NO! It does not surprise me because just as he is inaccurate about ME and lies about ME he also is inaccurate about Hawaiians and our history so I IGNORE.
He is someone trying to be SOMEBODY at the expense of the lives of Hawaiians. RJ Mendoza did it in his blog and so did Aaron Stene. Same for Conklin. They do whatever they do/did at the EXPENSE of the lives of HAWAIIANS. NOT COOL!
Please ignore Conklin like how I do and forge ahead! It is very easy to ignore him and people like him!
Mahalo Kai!
Malama, Lana
Yes Ne'epapa Aupuni and Aupuni among others.
which Conklin article? we just went back in forth on some comment page!
I don't really understand "Need credentials"?
Funny I just get my Hawaiian Kingdom ID and that is the closest thing I know from the Hawaiian Kingdom as for "Credentials" which includes my office designation.
I have tried to explain but I meet with Kupunas and have gotten permission from about all I have spoken with to represent them. i work with the previously mentioned people and we consult daily and these days hourly on policy and positions. I do not make policy I just work to further the cause of justice and you caught me it is me at left in the yellow. I had organized that interview with the OHA lawyer and was trying to an interview there with Hanabusa and Apoliana who turned her back on us.
If it were true what you say- "Actually, you've already explained "you're trying" and "nobody is stopping you", but actually you have nobody standing up behind you."
I would be pretty Lolo to enter into this pilikia. Sad but NOT true! As I have said it is everyone's Kuleana here and it is time to step up. I do not know what you personally are doing but we all need malama and correct each other.
I do actually have official credentials to be the "Liaison Officer" of the Hawaiian Embassy in New York and thus i probably work for you [for no pay, by the way]. So if you disagree it is your responsibility and everyone's to make that clear, I do not hide and my actions are done publicly.
The "nobody is stopping you" is a little unfair only two people out 100's has ask me not to do what I am doing, one is Amelia Gora and the other was just suggesting. Everyday more people from the other local Governments our joining us and it is not a matter of standing behind [cause I like neva need look over da shoulder] It is a matter of joining hands and standing together.
Though apparently I know a different Ku Ching who I have been [working?] doing things with. I guess this one does not know me Auwe, E Maika'i Ka Hana
One question to you "What is the basis for who is to speak for the Kingdom?"
Mine comes from this large Ohana of people working to end US occupation of Hawaii.
Malama Pono, malama kou kino
Kai