KŪKULU KUMUHANA

Mauna 'Ala, Ali'i Trusts

Office of Hawaiian Affairs Vice Chair Walter M. Heen addresses the gathered trustees of the Ali'i Trusts at Mauna 'Ala at 5:00 a.m. - Photo: Blaine Fergerstrom

Speech to Native Hawaiians gathered at Mauna 'Ala
By Walter M. Heen
Trustee, Office of Hawaiian Affairs
Wednesday, February 5, 2009

On this rather portentous day in the history of modern Hawai`i, it is fitting that we seek the wisdom, courage, and foresight of our revered forebears who are enshrined here. They witnessed and suffered, first hand and personally, the attacks of the greedy and selfish intruders against their beloved `aina. Several times they witnessed their revered country and its citizens driven to the point of being swallowed up by the overbearing conduct and alien manners and demands of David Malo’s “large fish.” Several times they stood with their subjects and held off those intruders.

In they end, as we all know, they were overwhelmed. Eventually, no amount of dignity and fortitude could withstand the maneuverings and attacks of the conspirators who overthrew the Kingdom.

Today, almost at this very hour, Native Hawaiians again stand in defense of their `aina, this time before the Justices of the United States Supreme Court. The case, as we all know, is the State Administration’s appeal from the decision of the Hawai`i State Supreme Court decision which held that the state administration could not transfer any ceded lands until such time as the State Government had reached a reconciliation with Native Hawaiians and settled their claims to those ceded lands.

The most harmful decision that the U. S. Supreme Court could make would be to say, “Not only was the Hawai`i court’s ruling wrong, but Native Hawaiians have no legal claim to ownership of the ceded lands.” That possible result is feared by all who support the Native Hawaiians’ claim for justice. But let’s assume that does happen; then what?

I believe that such a decision would give impetus to a process of reconciliation of Native Hawaiian claims, establishment of our rights, and eventual self-governance.

It should be obvious to everyone in the community that as a result of the appeal Native Hawaiians’ quest for self-governance has become a “front burner issue” not merely for Native Hawaiians but for everyone. If the issue now in the U. S. Supreme Court has done nothing else it has brought the issue of the `aina and reconciliation into sharp relief for everyone—and especially for the State Legislature. Nearly every legislator, in considering several bills to transfer ownership of certain State lands to the Office of Hawaiian Affairs, is asking: “When will we be able to reconcile all the claims by Native Hawaiians not only to land but to self-governance?”

I believe that the State Supreme Court’s ruling, even if it is overturned by the U. S. Supreme Court, has, and will continue to have, the effect of accelerating the process of discussions in the community, in the legislature, and with the State administration, that will lead to eventual reconciliation of Native Hawaiians’ claims and promotion of self-governance.

It’s almost as if there is a fateful confluence of the temper of the community and the state government, with the movement of the Akaka Bill in the United States Congress. We must take advantage of both the temper of the community regarding reconciliation and the enactment of the Akaka Bill, regardless of any reservations we may individually feel about that legislation. I firmly believe that Native Hawaiians can and should take advantage of this present situation and view it as an opportunity to advance their claims for justice.

As William Shakespeare said:

There is a tide in the affairs of men,
Which, taken at the flood, leads on to fortune,
Omitted, all the voyage of their life
Is bound in shallows and in miseries.
On such a full sea are we now afloat,
And we must take the current when it comes,
Or lose our ventures.

Office of Hawaiian Affairs Vice Chair Walter M. Heen addresses the gathered trustees of the Ali'i Trusts and members of the Royal Societies at Mauna 'Ala at 5:00 a.m. - Photo: Blaine Fergerstrom

Kahu Curt Kekuna leads the gathering in chanting Kūkulu Kumuhana at Mauna 'Ala at 5:00 a.m. - Photo: Blaine Fergerstrom

Office of Hawaiian Affairs trustees Walter Heen and Oswald Stender were at Mauna 'Ala, along with Kamehameha Schools CEO Dee Jay Mailer, Trustees Admiral Robert Kihune and Diane Plotts, and other leaders of Ali'i Trusts. - Photo: Blaine Fergerstrom