Richard Pomaikaiokalani Kinney, 

HPACH Testimony On AKaKa BILL

Aug. 30, 2000iscussions

August 30, 2000

Representative Ben Nighthouse Cambell,Chairman

Committee On Indian Affairs

and Committee Members

United States Congress

ALOHA Kakou,

     My name is Richard Pomaikaiokalani Kinney.  I am an Indigenous decendant of the Hawaiian Kingdom.   The nation that President Clinton and the members of the Congress of United States recognized in Public Law 103-150.  

     On behalf of my ancestors who signed the Kue Anit-Annexation Petitions of 1898, both side of my parents and of my family today I asked this committee to withhold this bill from any type of consideration of approval. 

     Through the Joint Resolution of Annexation the national lands of the Hawaiian Kingdom were unlawfully ceded to the United States as a speical trust.   The United States accepting the ownership of all public, government and crown lands, but provided that the existing laws of the United States relating to the public lands would not apply and the Congress "shall enact special laws for the management and disposition."  

     These provision collectively were held by the Attorney General of the United States as creating a "special trust" of the ceded lands, the federal government holding only a naked tittle to those lands. 

     The Organic Act of 1900, the Hawaiian Homes Commission Act, 1920 and the Admission Act of 1959 were all acts of Congree recognizing the "Special Trust" of its managing of the national lands of the Hawaiian Kingdom. 

     Today, the indiegenous people of the Hawaiian Kingdom are the only recongized indigenous beneficiary of any State's Admission's Act and Constitution. 

     The intent of this bill is to unlawfully relinquished both the federal and state governments from the "Special Trust" management of the National Lands of the Hawaiian Kingdom. 

     The Hwaiian Homes Commission Act will be terminated in its entirely.   The Admission Act will be unlawfully amended and relinquishing the State fromit "Special Trust" managing provisions of the act.   Allowing the State of Hawaii to privatize its management of the public lands. 

     Native Hawaiians will once more be Wards of the federal government and landless at the same time. 

     When Queen Liliuokalani yielded her authority to the superior force of the Unied States on Janaury 16, 1893, she had hopes that after facts presented to Congress, the United States would undo the actions of its representatives. 

     This bill perpetuates the wrongs of the overthrow of my country, the Hawaiian Kingdom.   It further relinquishes any and all breach of trust committed by the federal and state government in it management of the National Lands of the Hawaiian Kingdom as a "Special Trust,"

   As mentiona in Public Law 103-150, the Supreme Court Ruling in the Rice v Cayatano case and in the language of this bill, United States signed Three Treaties with the Hawaiian Kingdom. 

     This bill violates Article VI of the United States Constitution that all of you hav swore to uphold as members of Congress.

     It is your duty to recognize the international relationship that the Unied States signed with the Hawaiian Kingdom in 1826, 1842, 1849, 1875 and 1887.

     Unlike the treaties that the American Indians who were forced to sign with the United States as defeated nations, the Hawaiian Kingdom was a nation at peace the the United States.  Equal to the United States in standing as a Free, Sovereign and Independent nation with signed treaties to many nations of the Free World of Nations.  

     Federal recongition as Native Americans will require that I and my family to relinqusihed our Inherent Soverignty to the National Lands of the Hawaiian Kingdom. 

     I and my family will never turn or backs on Queen Liliuokalani, our ancestors and and relinquishes our Inherent Sovereignty to Hawaii as a defeated nation to United States. 

     Hawaii is our ancestral homeland and country.

     Hawaii Pono I is our National Anthem.

     Ua Mau Ke Ea O Ka Aina I Ka Pono speaks of Hawaiian Sovereigty over Hawaii.  

     Uphold the integreity of your country.   One hundren and seven years of Justice Delayed is Justice Denied.  

ALOHA KUU AINA HAWAII

Richard Pomaikaiokalani Kinney, SOVEREIGN

Hawaiian Political Action Council of Hawaii