Tag: Kingdom of Hawaii

Portraits of Traitorous Overthrowers Must Go

By: OHA TRUSTEE ROWENA AKANA

Source: February 2010 Ka Wai Ola o OHA Column

As difficult as it is to believe that in this day and age, and with all of the history that has been revealed regarding the unjust nature of the overthrow of the Hawaiian Kingdom, large, framed portraits of Provisional Government officials are still being displayed in the rotunda of Ali’iolani, the headquarters of the State’s Judiciary.  Specifically, the portraits include Albert Francis Judd, who was Associate Justice from 1874-1881 and Chief Justice from 1881-1900, and Walter F. Frear, who was Associate Justice from 1893-1900 and Chief Justice from 1900-1907.

The display of such portraits is an affront to many Native Hawaiians and gives the appearance that the State of Hawaii approves of the overthrow.  The portraits also perversely give legitimacy to the Provisional Government which has clearly caused great harm to Native Hawaiian people, culture, and self-determination.

History has proven unequivocally that the Provisional Government of Hawaii was established illegally, immorally, and unjustly in 1893 following the treacherous overthrow of the Kingdom of Hawaii.

The Provisional Government ruled Hawaii during the period between the overthrow and when they declared themselves the Republic of Hawaii on July 4, 1894.  Anyone who accepted an official position within the illegal Provisional Government were traitors to the Kingdom and, by remaining in office, perpetuated the great harm brought upon Native Hawaiians by the overthrow.

Soon after the overthrow, President Cleveland appointed U.S. Commissioner James H. Blount to investigate the events surrounding the overthrow.  The “Blount Report,” as it is now commonly know, was part of the 1893 United States House of Representatives Foreign Relations Committee Report provided the first official evidence that United States was complicit in the illegal overthrow.  The Blount Report concluded that the U.S. diplomatic and military representatives in Hawaii had abused their authority and were responsible for the change in government.

President Grover Cleveland himself described the acts leading up to the overthrow as an “act of war” and acknowledged that the government of the Kingdom of Hawaii, with its peaceful and friendly people, had been overthrown.  On December 18, 1893, President Cleveland sent a message to Congress calling for the restoration of the monarchy.

The Provisional Government protested President Cleveland’s efforts to restore the monarchy and continued to hold onto power and pursued annexation to the United States.  They even successfully lobbied the US Senate Committee on Foreign Relations to conduct a new investigation into the events leading to the overthrow in order to challenge the Blount Report’s findings.

The policies of the Provisional Government were far more restrictive than those of the Kingdom of Hawaii, including denying citizenship to Chinese immigrants.  They also restricted voting to only 4,000 people, which was down from the 14,000 people under the Bayonet Constitution.  This led to the Blount Report’s conclusion that if the question of annexation were put to a popular vote, it would be “defeated.”

I encourage everyone to support OHA’s Concurrent Resolution in this legislative session which urges the State to remove the portraits of any Provisional Government official which are being displayed in a position of honor in state buildings.

Aloha pumehana.

Why we need to save Kuleana lands

By: TRUSTEE ROWENA AKANA

Source: April 2006 Ka Wai Ola o OHA Column

`Ano`ai kakou…  One issue that I have really pushed hard for at the state capitol is a bill to exempt Kuleana lands from property taxes.  Many Hawaiian families, who have been caring for their Kuleana lands for generations, are now facing sky-rocketing property taxes because of luxury resorts and shopping malls being built next-door.  The issue first came to my attention several years ago when a family came to OHA and asked that we take custody of their Kuleana land until they were able to save up enough money to pay off their back taxes.  If something isn’t done soon, more Kuleana Lands could fall out of Hawaiian hands.

A brief history of Kuleana Lands:  According to Kumu Pono Associates LLC’s website (www.kumupono.com), in 1848, as a result of the Mahele, all land in the Kingdom of Hawai‘i was placed in one of three categories:  Crown Lands (for the occupant of the throne); Government Lands; and Konohiki Lands (Kuleana Act, 1850). 

Ownership rights to all lands in the kingdom were “subject to the rights of the native tenants;” those individuals who lived on the land and worked it for their subsistence and the welfare of the chiefs (Kanawai Hoopai Karaima… {Penal Code} 1850:22).  The 1850 resolutions in “Kanawai Hoopai Karaima no ko Hawaii Pae Aina,” authorized the newly formed Land Commission to award fee-simple title to all native tenants who occupied and improved any portion of Crown, Government, or Konohiki lands.

After native Hawaiian commoners were granted the opportunity to acquire their own parcels of land through the Mahele, foreigners were also granted the right to own land in 1850, provided they had sworn an oath of loyalty to the Hawaiian Monarch.  In order to receive their awards from the Land Commission, the hoa‘aina (native tenants) were required to prove that they cultivated the land for a living.  They were not permitted to acquire “wastelands” (e.g. fishponds) or lands which they cultivated “with the seeming intention of enlarging their lots.”  Once a claim was confirmed, a survey was required before the Land Commission was authorized to issue any award.

The lands awarded to the hoa‘aina became known as “Kuleana Lands.” All of the claims and awards (the Land Commission Awards or L.C.A.) were numbered, and the L.C.A. numbers remain in use today to identify the original owners of lands in Hawai‘i.  By the time of its closure on March 31, 1855, the Land Commission issued only 8,421 kuleana claims, equaling only 28,658 acres of land to the native tenants (cf. Indices of Awards 1929).

According to the Overview of Hawaiian History by Diane Lee Rhodes, many of the kuleana lands were later lost.  The list of reasons include:  (1) Native tenants mostly received lands that lacked firewood or were too rocky and unsuitable for farming.  (2) A number of kuleana were sold by dishonest land agents before the farmers could get a survey.  (3) The land commissioners delayed getting notices to landholders.  (4) Prices were out of reach for commoners.  (5) Finally, foreigners evicted legitimate kuleana owners without due process.

Since most of the Kuleana lands were carved up and taken away or abandoned, the impact on tax revenues would be extremely minimal so there should be no reason why this legislation shouldn’t pass.  Unfortunately, both the House and Senate Kuleana land bills went nowhere this session.  The House refused to even hear the bill despite my pleas to the Committee on Hawaiian Affairs chairman, Representative Scott Saiki.

The bill got a hearing on the Senate side, thanks to the Judiciary and Hawaiian Affairs committee chairman, Senator Colleen Hanabusa, but the bill came up one vote short of passing.  I met with Senator Donna Mercado Kim, who voted no on the bill, to try to convince her to support the bill, but she insisted that we should go to each county and ask for the exemption individually, which makes no sense.  Why should we go to each county when one bill passed by the legislature can make the exemption law for the entire state? 

I am currently working to get a city ordinance passed at the Honolulu City Council.  Bill #25 was introduced on March 15, 2006.  If you or someone you know is living on Kuleana lands and are descendent of the original owners, I implore you to consider testifying.

We must put an end to the injustices done to the caretakers of Kuleana lands for the past 150-years once and for all.  If something is not done soon, the very last Kuleana lands that have survived will finally fall out of Hawaiian hands.  Protecting what’s left of Kuleana Lands will help preserve Hawai’i’s rich history and culture.