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No 8493 ntrabUreib IRV QixzcttlmPmQr E LEE LIU I

URGING THE CONGRESS OF THE UNITED STATES TO ACKNOWLEDGE THE ILLEGAL AND IMMORAL ACTIONS OF THE UNITED STATES IN THE OVERTHROW OF THE KINGDOM OF HAWAII IN 1893 AND TO INDICATE ITS COMMITMENT TO GRANT RESTITUTION FOR THE LOSSES AND DAMAGES SUFFERED BY NATIVE HAWAIIANS AS A RESULT OF THOSE WRONGFUL ACTIONS AND URGING THE CONGRESS OF THE UNITED STATES TO INCLUDE NATIVE HAWAIIANS IN THE DEFINITION OF NATIVE AMERICAN TO ESTABLISH A JOINT FEDERALSTATE CEDED LANDS COMMISSION TO REVIEW THE STATUS AND NEED FOR FEDERALLY CONTROLLED LANDS IN THE STATE OF HAWAII AND TO ESTABLISH A SINGLE DEFINITION OF NATIVE HAWAIIAN WITHOUT REFERENCE TO BLOOD QUANTUM

WHEREAS the Council of the County of Maui shares endorses and

of and encourages American ideals and principles justice through law

profoundly believes that an unresolved injustice to one is a harm

endured by all and

WHEREAS such a harm to Native Hawaiians has occurred without

redress or remedy and

WHEREAS Native Hawaiians have been included and identified as

Native Americans in recognition of their unique and special relationship

with the United States as an indigenous people and

American WHEREAS as a result of the good conscience of the

people speaking through the Congress redress and remedy have been

granted to other Native Americans for injustices and harm done them

and

WHEREAS the Congress of the United States has indicated its

interest in the pursuit of seeking resolution to possible claims by Native

Hawaiians for the losses and damages which resulted from the overthrow

of the legal government of the Kingdom of Hawaii in 1893 and

COUNCIL OF THE COUNTY OF MAUI

STATE OF HAWAII

WAILUKU HAWAII 96793 low

8 4 9 3 3egotution Ao

WHEREAS the Congress enacted Public Law 96565 Title III and

thereby established a Native Hawaiians Study Commission to advise the

U S Senate Committee on Energy and Natural Resources and the U S

House Committee on Interior and Insular Affairs on issues of concern to

Native Hawaiians and

WHEREAS it is therefore appropriate for the Council of the

County of Maui to express its formal beliefs in the matter of Native

Hawaiian claims against the United States for actions which occurred in

1893 and subsequently with American annexation of the Islands of

Hawaii in 1898 and

WHEREAS based upon a careful examination of historical records

and accounts the Council of the County of Maui has determined there is

sufficient reason to believe that

1 The United States through its representatives in the State

and Navy Departments did encourage and actively supported

rebellion against the legitimate government of the Kingdom of

Hawaii

2 The involvement of U S Minister John L Stevens was crucial

to the success of the rebellion and that his refusal to remain

neutral in the domestic affairs of the Kingdom and instead to

become an active agent in the planning and military force

supporting the insurrection by ordering the landing and

placement of American marines in a manner and position

unmistakably intended to intimidate the Queen of Hawaii and

her government

COUNCIL OF THE COUNTY OF MAUI

STATE OF HAWAII

WAILUKU HAWAII 96793 tgoltltion 0 8 4 9 3

3 Without such armed American support the insurgence would

have failed for a lack of popular support and insufficient

arms and

4 Such actions by the American minister and forces was a breach

of international law of treaties with the Kingdom of Hawaii

and was characterized by President Grover Cleveland in his

Executive Message to Congress December 1893 as an illegal

and immoral act of war against a feeble and trusting nation

and

WHEREAS because of these American actions the Queen yielded her

authority and that of her government to the United States through

Minister Stevens who did not forward her plea for review by the United

States but acted to recognize a provisional government composed of

leaders of the insurrection and to declare an American protectorate over

the Islands and

WHEREAS these actions were augmented two weeks later by the

occupation of American troops in all government buildings of the

Hawaiian Islands at the request of the provisional government from a

fear of being unable to maintain control and

WHEREAS these actions culminated in the assertion of control by

the subsequent Republic of Hawaii over the crown government and

public lands of the Kingdom of Hawaii and

WHEREAS such lands and sovereignty represented the traditional

and ancestral land rights and titles to the Native Hawaiian people and

WHEREAS these ancestral rights and lands were ultimately ceded to

the United States by a government whose existence was dependent upon

the actions and agents of the United States and

COUNCIL OF THE COUNTY OF MAUI

STATE OF HAWAII

WAILUKU HAWAII 96793 JXegolution qo 8 4 9 3

WHEREAS this transfer occurred without the consent of the Native

Hawaiian people without compensation for their interests and without

any explicit protection of their interests and

WHEREAS through amendments to the State Constitution in 1978

the people of the State of Hawaii ratified and formally acknowledged the

rights of Native Hawaiians to a legislatively determined pro rata share of

the proceeds of such lands ceded to the United States and returned as a

public trust to the State of Hawaii in the Admission Act of 1959 and

WHEREAS in the ratification of another constitutional amendment in

1978 the people of Hawaii also established an Office of Hawaiian Affairs

to administer the proceeds from this trust and explicitly empowered the

Office to be the receptacle for all moneys or lands granted to the Native

Hawaiians as restitution by the United States for damages incurred by

the actions which resulted in the overthrow of the Kingdom of Hawaii

and

WHEREAS these State Constitutional provisions and their

codification in the Hawaii Revised Statutes as Chapter 10 do indeed

endorse and encourage Native Hawaiians rights and interests as a

significant proper and public purpose now therefore

BE IT RESOLVED by the Council of the County of Maui that the

Congress of the United States is respectfully urged to acknowledge the

illegal and immoral actions of the United States in the overthrow of the

Kingdom of Hawaii in 1893 and to indicate its commitment to grant

restitution for the losses and damages suffered by Native Hawaiians as a

result of those wrongful actions and

BE IT FURTHER RESOLVED that the Congress of the United States

in addition is respectfully urged to adopt the following recommendations

COUNCIL OF THE COUNTY OF MAUI

STATE OF HAWAII

WAILUKU HAWAII 96793 tgolution 00 8 4 9 3

contained in Volume II of the Final Report of the Native Hawaiians Study

Commission

1 That the Congress of the United States include Native

Hawaiians in the definition of Native American and extend to

Native Hawaiians eligibility in all programs affected by such

definition without prejudice

2 That the Congress of the United States establish a Joint

FederalState Ceded Lands Commission for the State of Hawaii

to review the present status use and possible release of

federally controlled ceded lands in Hawaii

3 That the Congress of the United States establish a single

definition of native Hawaiian without reference to blood

quantum and to provide appropriate protections to guarantee

the rights and privileges of current Department of Hawaiian

Home Lands beneficiaries and

BE IT FURTHER RESOLVED that certified copies of this resolution

be transmitted to the President pro tempore of the U S Senate the

Speaker of the U S House of Representatives the Chairperson of the

U S Senate Committee on Energy and Natural Resources the

Chairperson of the U S House Committee on Interior and Insular

Affairs the members of the Hawaii Congressional delegation the

Chairperson of the National Association of Counties Public Lands Steering

Committee the Chairperson of the Indian Affairs Subcommittee and the

Chairperson of the Board of Trustees of the Office of Hawaiian Affairs

BE IT FURTHER RESOLVED that certified copies of this resolution

be transmitted to the President of the Hawaii State Association of

Counties for his transmittal to the National Association of Counties and

COUNCIL OF THE COUNTY OF MAUI

STATE OF HAWAII

WAILUKU HAWAII 96793 JQOOlUtion 00 8 4 9 3

its appropriate committees for their meeting at their annual conference in

Seattle Washington in July 1984

COUNCIL OF THE COUNTY OF MAUI WAILUKU HAWAII 96793

CERTIFICATION OF ADOPTION

It is HEREBY CERTIFIED that the foregoing resolution was adopted by the Council of the County of Maui June State of Hawaii on the 15th day of 1914by the following vote

Abraham Howard S Linda E Lee Ricardo Wayne K Charles S Velma M Goro MEMBERS AIONA KIHUNE LINGLE LIU MEDINA NISHIKI OTA SANTOS HOKAMA ViceChairman Chairman

Aye Aye Aye Excused Aye Excused Aye Aye Aye R OLL CALL

OUNTY C RK