Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 1, 1 January 2002 — Scoops on ceded lands lawsuit [ARTICLE]

Scoops on ceded lands lawsuit

The ceded lands lawsuit is more than a case of clouded title. Who really owns the ceded lands will be determined by the actions or inaction of Hawaiians and those who believe in justice and the rule of law. Under intemational law, illegally seized territory (Hawai'i) ean be given to the State of Hawai'i. However, the land title ean only be cleared through prescription, acquiescence or recognition. But Hawaiians protested through petitions, rallies and testimony. Because of these clear protests over more than 100 years, prescription and acquiescence cannot apply. The Akaka Bill sets up a process by whieh Hawaiians could set up a domestic, dependent nation under the authority of the United States. We would then be affected by the Supreme Court decision in Lone Wolf v,s. Hitchcock whieh states that the U.S. ean ignore treaties with Indian nations as they are not true nation states, have limited powers, and are under the ultimate jurisdiction of the United States. Moreover, the dependent nation process begins with the extinguishment of Hawaiian land title and a reaffirmation that Hawaiians accept as legal what the United States has done in and to our nation state, the Kingdom of Hawai'i. If Hawaiians uphold our nation state status, the United States, under intemational

law, must uphold its responsibilities and obligations under its treaties with the Kingdom of Hawai'i, particularly the treaty of perpetual peaee and friendship of 1849. Thus, Congressional Acts including the Newlands Resolution, the Organic Act and the Statehood Admission Act do not void the United States' obligations under its treaties with the Hawaiian Kingdom. To clear title by the mle of recognition, the United States must merely persuade Hawaiians to accept a lesser status than tme nationhood. If Hawaiians object, then the United States knows that as they acquired Hawai'i by violating a treating, the only way to validate ownership of Hawai'i is by arbitration / reconciliation or by plebiscite / Native Hawaiian Vote. It is evident that true Hawaiian nationalists abhor the Akaka Bill whieh accepts the Rice decision and the loss of ceded lands revenues by nullifying the Heely decision. Sadly, those who support the Akaka Bill are uninformed, misinformed, or expect to be well-paid. Lela M. Hubbard 'Aiea

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