leflolutivit 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.