DOCUMENT RESUME ED 254 609 UD 024'136 Native Hawaiians Study Commission.: Report onthe TITLE , Culture, Needs and Concerns of NativeHawaiians. Final ort. Volume II.Claims of Conscience: A Dissenting Study\ofs the Culture, Needs andConcerns of Native HawaiianS. , INSTITUTION Department of the Interior,Washington, D.C. PUB DATE 23 Jun 83 ° NOTE 194p.; For Volume Iof the final-report, see UD 024 135. PUB TYPE Reports -'Researcb/Technical (143r EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS Federal Legislationl *Federal,StateRelationship; *Hawailans,"Legal Responsibility; *Needs Assessment; *State History; *Trust Responsibility (Government); United States History IDENTIFIERS *Hawaii; *Land Rights ABSTRACT , Volume II of the final report of theNative ftwaiians Study Commission (NHSC) on the culture,needs, and concerns of native Hawaiians, this book contains a formaldissent to the conclusions and recommendations presented in Volume I madeby three of the NBSC commissioners. Its principal criticism'is.that Volume 'I fails to address the' underlying intent of thecommissioned. study:. (1) to ssoss-the American involvementin the take-over of the Kingdom of Hawaii; (2)`based,on the findingregarding'American participation in the coup.etatWe of. 1893, to ascertainwhether American culpability 'for injuries or damages suffered. :.by Native Hawaiians existedrand (3) to advise about how toapproach. *lid answer any such.Native 'Hawaiian claims. This volume of the :eportfurther states that critical support is lacking for Volume\I'sargument that the United States bears no legal or moralresponsibility for the actions of American officals during.the coup d'etat of1893. After an executive summary, ?laws of methodology, interpretation, andconclusion in the following areas covered by Volume I arediscussed: (1) the ,historical review of American ,participation in the overthrowof the Kipgdom of Hawaii 'in 1893; (2 \)the conditions and terms ofAmerican annexation of the HawaiiankIslands; the trust responsibilities of theHawaiian Homes Act;, and (4) t ecultural and social needs of native Hawaiians. Recommendations are presented regardingthe resolution of compensable claims by Native Hawaiians for.lossesof.domain and dominion. (KR) *********************************************************************** the best that can be made * Reproductions supplied by EDRS are from the original document. * ***************************************4******************************* votume flu U.S. DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EDUCATION NATIVE EbUCATIONAL RESOURCES INFORMATION. CENTOR IERICI This document has been reproduced as received from the person or organization originating it HAWAIIANS Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this docu- ment do not necesserily representofficial NIE STUDY position or policy OMMISSION on the cut,e,needs and nonce of Native wailais. k , r Y" ri . , June 23, 1983 2.. k ERRATA t We regret that errors appear in the textof Volume U. Prepared in Honoluiti and printed in Washington,D.C., there was no opportunity to correctthese errors prior to publication. Obvious typographical errors are not listed. Only errors of fact are corrected here. ,lease note that, U. S. Minister John L. Stevens andCaptain G. C. 04tse are the correct forms Of theindividuals named: Page .4 REPLACE CEDED LANDS with The Events of .1893 line 26. A Page.8.. INSERT after 1st para. 'REC0101ENDATION. Based on these findings, werecommend.thatt o the Congress of the United States by, Joint Resolution, clearly acknowledge the roleand actions of,the'United States in the overthrow of theKingdom of Neweiti and indicate its commitment .to grant restitutionfor the losses damagei:suffered by Native Hawaiians as a:result'of'theseactions. Page 20' SHOULD READ "The terms of the treaty created an lines unfavorable balance of trade forthe United 21 6 22 States." Page 38 SHOULD.READ,Secretary.of-State.Seward'smessaieL\ line 3 wastransmitted-in'1866, not*1886. Page 43 SHOULD READ pro-annexationistleanings not line 39 pro-annexationist leansings .SHOULD'READ me 'note, not nolal.was ever.made Page 68 . ofthe:Kingdoes , line 5 as to the actual composition population. FINAL REPORT Native Hawaiians Study Commission VOLUME II CLAIMS OF CONSCIENCE: A Dissenting Study of The Culture, Needs and Concerns of Native Hawaiians 0 Cover photos: UPPER LEFT: The sta..ue of King Kamehameha the Great; photo by Robert Goodman. UPPER RIGHT: A Hawaiian elder or kupuna; photo by-Robert Goodman. LOWER RIGHT: Iolani Palace; photo by Robert Goodman. LOWER LEFT: A Hawaiian girl; photo by Robert Goodman. The Commission is grateful to Toni Auld Yaedley for supplying the cover photos and the photos that appear in Volume I of this Report. i ... "RESPECTFULLY SUBMITTED TO The Committee on Energy andNatural Resources of the United States Senate The Committee on Interiorand Insular Affairs- of the United States House of,Representatives Pursuant to Section 203,of Public Law 96-565, "Title III" establishingthe Native Hawaiians Study Commission 23 June 1983 TABLE OF CONTENTS Foreword 9 .Introduction . .Executive Summary of Volume II Critical:Analysis of Volume PART IThe Overthib the Kingdom of Hawaii Chapter 1A Changing World Chapter 2 Three Days in January, 1983 Chapter 3The Blount and Morgan. Repoitsv Re-examined1 Chapter4ClaiMs of Conscience PART The Public Lands Trust Chapter 5'The Ceded Lands Trust Chipter 6 The-Hawaiian Homes Act -Chapter 7 Conflibts of Purpose PART III The NativeHawaiian People Chapter 8. The Native Hawaiians PART IV' References Footnotes Bibliography 9 0 iii FOREWORD The Final. Report of the Native Hawaiians'Study Commission (NHSC1culminates AI 21-month itudy of .the - culture, needs and concerns 'of Native Hawaiians. As. mandated by Public'Law 96-565, "Title'IiI,"this report of 'findings, and recommendations is respectfully submitted to the United States !Senate Committee on Energy and"Natural ResoUrces and to the UnitedStates House, Committee on Interior and Insular Affairs. This Volume II of that Final Report,entitled Claims of Conscience: A Study of the Culture, Needs and Concerns of Native Hawaiians, is a fotmaldissent t the conclusions and recommendations presented in VS lame I. Webelieve thatVolume I is inaccurate and fatally-flawed both in fact and in spirit. Thus,' we are compelled to presentthis minority position for your full review andconsideration. The inherent difficulties posedto your Committees and, ultimately, the entire Congress as aresult of these sharp disagreements in the Final Reportcannot be avoided. It is our sincere' hope, however,'that by providing a more thorough analysis, Congressional review will be more complete than a review basedsolely on the analysis presentedin Volume I. The greatest obstacle facing this FinalReport- by the Commission is not truly its disagreement,but the sossibility 'of not,being taken seriously. The popular _perception of Hawai'i as a vacation playground'whose residents are to be envied for their year-round sunand surf has been a burden to the work of this'Commission. At one point,.' the very life of theCommission wap called into question when an-Administrationofficial labeled the study "a boondoggle." Funding handicaps and a reluctance byMainland Commissioners to conduct meetings in theIslands may also, at least in part, be explainedby this assumed lack of serious intent, because itrelates to Hawai'i. .1.101No....11111=111 ..milmmINIMIMMINItammlOmNrIONIMMINIMMID iv 0 As traced through its predecessor measures,' the Congressional focus' and intent in creating the Native. Hawaiians Study Commission was very' serious indeed: to assess the American involvement in the take-over of the Kingdom of Hawai'i. Then, based on the historical ndings regarding the nature and degree of the United States' participation in the coup d'etat of 1893, the task was to ascertain whether Amerfai-alpabilitylfor injuries or damages sufferedby NativeHawaiians existed as a consequence of these actions. Further, the Congress thep.wished to be advised about how to approach,and to answer any such possibleNative Hawaiian claims. VolumeI. has failed to address in sufficient depth this underlining intent and accord- ingly, cannot provide Congress with the proper advice regarding Native Hawaiian needs and claims.' Lacking the needed:'critical and probing analysis, the findingsand, conclusions -contained in Volume I argue that the' United States bears no 'legal ormoral responsibility or culpability for the actions of American officials at.that time. WE DISAGREE. I Further, Volume "I asserts that, regardless' of this rejection of legal or ethical accountability, by the United States,. that Native Hawaiians were not deprived of any compensable interest represented by the. Kingdom of Hawai'i. Thus, even if the United States were to admit any xemonsibility for theoverthrow,ofthe Kingdom of Hawai'i -- a position which they deny -- then there would still be no basis for claims by Native Hawaiians. AGAIN, WE DISAGREE. Moreover, the majority of the Commission's member- ship is of the opinion that departures from standards of'proper internationalbehavior or oftraditional assent to transfers of lands and sovereignty -- as understood and practiced in American precedents -- also do not bear any violation or abridgement of Native Hawaiian interests or rights. WE DISAGREE. The contents of this volume: (1) will describe 0 and efute in detail'th discrepancies and inconsis- Nteno es which mark and r the reasoningbehind the