Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 6, 1 June 1986 — Law and Morality [ARTICLE+ILLUSTRATION]

Law and Morality

By Poka Laenui (Hayden Burgess) Trustee, Oahu

In an earlier time, law and moral virtue were one. Thus, the violation of law was equivalent to the violation of a society's moral concept. But, what happens when law separates from morality? What is one to obey — the law whieh may be immoral but whose violation is punishab!e; or, moral principals whieh should be the core of

proper conduct but for whieh obedience may be neither applauded nor rewarded? If we all chose to obey an immoral law, then do we not ourselves become an aeeompliee to the support of that law as well as its inherent immorality? I have struggled over these concerns and questions for many years since my discovery of that theft of Hawaii's independence in the U.S. in the late 1800s and thereafter. During this inner struggle, I continually return to the fundamental understanding that I am a Hawaiian citizen, not an American; that Hawaii remains a sovereign nation, albeit occupied by the U.S. whieh has destroyed mueh of our national indicators. I have applied this understanding to various situations, including refusing to salute the American flag since 1972; disavowing, in 1974, any association with reparations legislation as a payoff for a concession that we are now legitimately America; and, since 1978, challenging the judicial systems' application of jurisdiction over Hawaiian citizens. The specific instances are too numerous to detail here. I have also applied this understanding to the laws dealing with the taxation of Hawaiian citizens. In the coming months, i anticipate five criminal indictments against me, complaining of my failure to file ineome tax returns since 1980. 1 never re!ish the prospects of any battle. But I ean not concede to this evil of taxation by force rather than by right; 1 ean not concede to coercion to follow a law whieh lacks moral virtue. Since school days, I have always detested hijackers, whether for luneh money or for favors. I still do.

The decision to challenge the taxation laws, like every other decision to uphold my Hawaiian citizenship, has not eome easily. The possibility of family separation and removal from Hawaii nei due to imprisonment, of disqualification from the Office of Hawaiian Affairs Board of T rustees, of losing the license to practice law, the eeonomie devastation, the social ostracism, and all the other concerns associated with a felony conviction have been heavily weighed. But those consequences do not make the taxation of Hawaiians by the American government any more moral. That taxation remains an immoral law founded upon a set of criminal acts. Grover Cleveland is an excellent starting point in understanding the immorality of this matter. On December 18, 1893, Cleveland addressed both houses of the U.S.Congress. The U.S. President clearly acknowledged complicity in the illegal overthrow of the Hawaiian monarchy in 1893 calling it an act of war carried out by diplomatic and military representatives of the United States, without the authority of Congress. He urged Congress to return to the Hawaiian people their government, their land and their Queen. But the forces of greed, wealth and power were too strong even for Cleveland and the provisional puppet government became first the Republic of Hawii, then the Territory of Hawaii and finally the State of Hawaii. As though a matter of right, the U.S. extended its taxation over us. But its "right" to tax Hawaiian citizens are just as infirm as its "right" to have invaded our nation and stolen our 'aina. That kind of "right" only derive from arrogance and power. It contains no moral force. As a Hawaiian citizen, I bear no allegiance to the U.S.; 1 owe it no taxes; I concede it no right over me. In the next few months, my responsibilities as vicepresident of the World Council of lndigenous Peoples will require my presence in Canada, Sweden and other countries. (Those activities should be covered elsewhere.) My absence from Hawaii may generate speculations of my "running away". I assure you in advance that this is not so. I will meet with full force this challenge should the U.S. government decide to proceed.

"Nothin9 is waste that makes a memory. " — Ned Rorem.