I. THE PEOPLE OF AMERICAN SAMOA MUST AND SHOULD ELECT ITS OWN GOVERNOR AND LIEUTENANT GOVERNOR

Our democratic and American principles of government, which this Great Nation of the United States of America is the leading example in the free-world, demand that the people must participate more meaningfully and have a voice in selecting or determining who their Chief Executive is. The 'flag' of the United States has been and is proudly fiying over American Samoa for and during the past seventy-two (72) years. The people of this Great Country and the people of Samoa have had the best of relations during these many years and will continue to so enjoy excellent relations in the many years to come.

Although we are Samoans by births and ancestries, but we are also Americans in our allegiance and our beliefs in the American philosophies of government. We have worked hand-in-hand with the many fine American personnel sent to Samoa both during the Naval Administration and now under the Interior Department jurisdictiion; we have learned a mountain of experiences from these people.

Now, we have many Samoans young and old, who have successfully obtained higher education in this country in many fields; they have returned with their knowledge and experiences and are now actively participating both in our government and in private enterprises. We are, without reservation or question, ready and prepared to administer our own governmental affairs with the guiding hands of this Great Country thru this Able-Body.

Presently, we are the only people under the American flag who are not truly enjoying the true form of American government. This, I recognize as not being the fault of this Great Body or Nation or of any one single past or present Administration in Samoa, but a fault that we Samoans must bear and assume.

Of all the territories of the Union including the smaller and far-away and including Alaska and Hawaii (before they both became States), Puerto Rico, Guam and Virgin Islands, we in American Samoa still after 72 years, is being denied the true and actual American form of government in that our Governor and Lieutenant Governor are still being appointed, thus, the people of American Samoa have been and are being denied and deprived of their rights to have a voice in the selection or designation of their two highest executive governmental posts.

We have been and will continue to owe allegiance and loyalty to this Great Nation. Per capita, more American Samoans have died in the Viet Nam conflict than any other part, sector or State of this Nation. This, we do not regret, but consider as part of our allegiance, loyalty and beliefs in the Nation leading our fight for democracy and a free society throughout this world.

Complying with Article IV, Sec. 3 of the United States Constitution, and Article 73 of the United Nations Charter which basically provide that the interests' of the local inhabitants are paramount. The interests of our people as clearly and unequivocably indicate in a "Resolution" overwhelmingly passed by our Fono (Territorial Legislature) in their last session is that the desire, wish and 'will' of our people is that we elect our own Governor and Lieutenant Governor.

(Note: Read Fono Resolution into the record; also, read Democratic Party Resolution into the record.)

Past programs and experiences undertook by our own people in the many different affairs of our Government in American Samoa all showed, indicated, and pointed toward the fact that we are prepared and ready to assume the obligations, responsibilities and duties related thereto in the administration of our affairs: (1) Excellent relations with the United States since 1900. No single disturbance of any kind or nature in these 72 years of fine and un-disturbed relationships. (2) 1948: Our Fono was established enacting our law.

(3) 1950: Change-over from military (Naval Administration) to Interior Department. The fine relationships between our two peoples continue.

(4) 1960: First Constitution of American Samoa was prepared, drafted and passed by our people and approved by the Interior Secretary.

(5) 1967: The Revised Constitution of American Samoa drafted, prepared, and passed by our people and also approved by the Interior Secretary. Said constitution is still to this moment in full force and effect.

Part of the preamble to the said constitution reads as follows:

"Whereas it is appropriate that, in the process of developing self-government, the people of American Samoa should enjoy certain rights and responsibilities inherent in the Representative form of Government." (emphasis added).

(6) 1970: Our Fono became an independent legislative body. Prior to 1970, Samoans who were employees of the Government of American Samoa, thus under

the Executive Branch, were also permitted to be members and served in the Legislature. Approximately 80% of the 38 Representatives and Senators in the Legislature held jobs in various capacities with the Government of American Samoa.

It is noted herein that all of those in the House of Representatives who were then employees of GAS (Government of American Samoa), resigned from their government jobs and in many instances giving up much higher wages with GAS to become full-time legislators.

All but three (3) in the Senate resigned their government jobs and became fulltime Senators.

(7) 1970: Election by popular vote of the 1st American Samoa Delegate-atLarge to Washington, D.C. In the person of Paramount Chief A. U. Fuimaono, we now have and enjoy a closer relations with Congress. Since the establishment of the Delegate's Office in Washington, D.C., 425 13th Street, N.W., we are being considered and included in many of the Federal programs and grants that in the past we were left out.

The election by popular vote of our Delegate-at-Large was and is an outstanding example that we know and appreciate true democratic and American procedures of government.

II. OUR MATAI SYSTEM (FAA-SAMOA) WILL BE ENHANCED, PROMOTED AND PRESERVED WITH THE ELECTIONS OF OUR GOVERNOR AND LIEUTENANT GOVERNOR From the Instruments of Cessions, 1900 for Tutuila and 1904 for Manu'a, to the present moment, it has been the continued policy of Congress, properly and rightfully so, that the Government of the United States of America shall respect and protect the individual rights of all people dwelling in Tutuila, their lands and other properties.

Our Matai-System keeps and makes possible the continued closer ties among our family members. Each family has a Chief (Matai), he is a member of the village Council, his County and his District. American Samoa is divided into three (3) Districts namely, Eastern District, Western District and the manu'a District.

These sectors beginning with the Village Council with its 'pulenuu' (most times a lesser chief in the village), County with a Faalupega, many times a Matai of high ranking, then District with a District Governor appointed by the Governor, customarily from amongst the High or Paramount Chiefs, and headed by the Secretary of Samoan Affairs (job established during the Naval Administration, then held by a 'papalagi') (literally means caucasian but usually refers to an American) said job is presently held by High Chief Leiato who was also appointed by the Governor constitute the Department of Samoan Affairs under the immediate jurisdiction of the Governor of American Samoa.

It is universally believed by our people that the election of our two top executive posts will not hinder one iota our faa-Samoa, but will enhance, promote and preserve the same.

Elections of public officials in American Samoa, like any other American city or State, depend upon proper timing, favorable circumstances and backing to the winning candidate. We have had and are experiencing in our legislative elections and how in one recent election true democratic elections of free choice by the people of their best candidate. Our faa-Samoa plays an important and vital part in these results because of the respect we each share for one another, be such person a Paramount Chief, a lesser matai, a woman, a man or a child.

Examination of the two 'measures' now publicly discussed by this Sub-Committee of the House of Representatives on Territorial and Insular Affairs, firstly HR 11523 introduced by Mr. Burton, and secondly HR 12493 by Mr. Matsunaga, we find only one (1) basic difference in their contents, i.e., line 9 on page 2 of the bills. Mr. Burton uses the term ELECTED while Mr. Matsunaga uses the term NOMINATED. Though I have legal training myself, my limited knowledge of the law cannot be compared with the vast, extensive and intelligence of the legal minds who prepared these measures. The terms however different, if there is any such difference, the meaning and impact are similar and are well explained in the contents and intents of the measures.

May I respectfully request the Honorable Members of this Committee to refer to line 11 on page 2 of the two measures. They provide: (sentence begins from line 8)

"The Governor and the Lieutenant Governor shall be elected (nominated) by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of American Samoa." (emphasis provided)

I do not really surmise any problem or difficulty since this difficulty is resolved in the last sentence of the bills. However, as you all know, the members to the House of Representatives of our Fono are popularly elected every two years. Article II, Sec. 4 of the Revised Constitution of American Samoa provides: "Representatives shall be chosen by secret ballot of the qualified electors of their respective representative districts."

The term 'elector' is defined in our RCAS Article II, Sec. 7:

"Qualifications of electors: Every person of the age of 18 years or upwards who is a United States national and who has lived in American Samoa for a total of at least two years and has been a bona fide resident of the election district where he offers to vote for at least one year next preceding the election and who meets such registration requirements as may be prescribed by law shall be deemed a qualified elector at such election.

The Senators to our legislature however are elected in accordance with our Samoan custom (faa-Samoa). Article II, Sec. 4 of the RCAS provides:

"Senators shall be elected in accordance with Samoan custom by the county councils of the counties they are to represent,

Our Delegate-at-Large, by statute, is elected similar to elections of Members to the House of Representatives, i.e., by popular vote with one exception that House Members hold their offices for a two-year term, while the Delegate-atLarge holds his office for a term of four years.

With your kind permission and indulgence, may I respectfully and humbly request that these measures be slightly changed in this one sentence only, to-read: (Beginning from end of line 8, page 2)

"The Governor and the Lieutenant Governor shall be nominated (elected) by a majority of the votes cast by the people who are qualified to vote for the Members of the House of Representatives of the Legislature of American Samoa, except that the Governor and Lieutenant Governor shall hold office for a term of four years.

Dated this 23rd day of March, 1972, Washington, D.C.
Respectfully submitted,

IVI S. PELE, American Samoa.

Mr. PELE. Chairman Aspinall, and Congressman Vigorito we had the pleasure of meeting before coming in this morning, and the Honorable Member from California.

The issue before the subcommittee is whether or not the people of American Samoa may be permitted to elect their own Governor and Lieutenant Governor. That is in effect changing the present act which was passed in 1929 giving the President the right to select what he feels best for the Civil Government of American Samoa in return and in turn the President has first designated the Military and Naval Administration from 1900 to 1950.

Then later on by Executive order that change is now designated to the jurisdiction of the Interior Department.

The highlights of my comments to the members of the committee supporting and endorsing these two measures by the chairman and by our good friend from Hawaii, Hon. Sparky Matsunaga, is that we feel and I don't think I am alone in sharing that opinion, that we have and are prepared and are ready at this time and at this stage to administer the affairs of our own people.

In support of such, on page 4 of my statement I have outlined seven or eight reasons why such steps are proper at this time. For over 72 years the relationships between this Government, this great country, and our people, have been excellent. There hasn't been any one single disturbing incident in the 72 years of relationship.

In 1948, I believe, or 1947, we established and organized our Fono, our legislature, and from that time on our people, our legislators, enacted the laws that our people are now operating under.

In 1950, the changeover from the Military or Naval Administration to the Interior Department, still the relationships between this great country and our people continue to be in excellent state.

Then in 1960 the people of American Samoa met, drafted, prepared and passed a constitution. Said constitution was later on approved by the Interior Secretary.

In 1967, again our people met and passed the revised constitution of American Samoa which to this very moment is in full force and effect. Part of the preamble of said constitution reads as follows, and if I may be permitted to-I have a copy of our constitution, and the third "whereas" of the constitution provides:

Whereas, it is appropriate that in the process of developing self-government the people of American Samoa should enjoy certain rights and responsibilities inherent in the representative form of government.

And may I stress "representative form of government" means gentlemen, that we and the honorable lady from Hawaii, that we elect our own Governor.

In 1970 our Fono, as the other witnesses informed the honorable members of this committee, our Fono became an independent legislative body. Prior to 1970 Samoans who were also employees of the government of American Samoa were permitted to be members and serve in the legislature. At that time approximately 80 percent of the 38 representatives and senators in the legislature also held jobs in various capacities with the government.

It is noted, however, that of the house of representatives, all of the members resigned their government jobs, and many times the wages were much higher than the $6,000 now being compensated to the members of the legislature. All of the members who held government jobs resigned and became full legislators.

In the senate all but three resigned and became full-time Senators. Also in 1970, election by popular vote of the first American Samoan delegate-at-large, a high chief, a Samoan, in the person of Paramount Chief Fuimaono, we now have and enjoy closer relations with Congress, and since the establishment of the-of Chief Fuimaono's office in Washington, we are being considered and included in many of the Federal programs and grants.

The election by popular vote of the delegate-at-large I think symbolizes and indicates our appreciation and the knowledge of the Samoan people and respect for a representative form of government.

May I again refer the honorable members to the Political Status Commission report in which Senator Salanoa was the chairman and this report was unanimously approved by the legislature, and I have a full copy of that report which I respectfully urge the chairman to put into the record.

But on page 31 of that report

Mr. BURTON. Without objection, this report shall be made a part of the printed record.

Mr. PELE. Thank you, Mr. Chairman.

(The document referred to will be found in the appendix.)

Mr. PELE. Beginning on page 1 of that report they talk of the disadvantages of the present system of government in American Samoa. No. 1, and I quote:

It may be argued that a major disadvantage of the present system is that it is not truly democratic.

The senate is chosen from the ranks of registered Matai's and a number of other officials, from the Governor and chief justice on down appointed by persons not responsible to the Samoan electorate.

2. The report says:

At this time all civil, judicial and military power in American Samoa is vested in the Secretary of the Interior. It is he, not the President or Congress who approved the present constitution of American Samoa and presumably he could alter the present form of government by decree.

And it goes on, it names six different reasons. One of them, the present system, is essentially colonial, one of the reasons the Secretary of the Interior may hire and fire without consulting the very people whose daily lives are affected by his decision.

No. 6, the present practice of appointing top officials gives rise to many potential abuses of the principle that power should be separated, checked, and balanced.

In reference to the measures, the actual measures now before the honorable members, one submitted by the chairman and by our good friend from Hawaii, Hon. Sparky Matsunaga, there is only one basic difference. The word appearing in line 9-Mr. Matsunaga's bill used the term "nominated" where Mr. Burton's bill used the term "elected" which in my humble opinion does not bear any distinctive difference. But the point, and I wish to specifically stress to the members of the committee, the point is on line 11 of page 2 of the measures beginning, the sentence beginning on line 8:

The Governor and the Lieutenant Governor shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of American Samoa.

The question, the obvious question arises, since the House is popularly elected and the Senate is chosen by our chiefs among the councils and among the counties, there might be some confusion because of the different form of elections in the two houses, and with your kind permission I have suggested a brief amendment to that particular sentence and hopefully to read:

The Governor and the Lieutenant Governor shall be nominated by a majority of votes cast by the people who are qualified to vote for the members of the House of Representatives of the Legislature of American Samoa, except that the Governor and the Lieutenant Governor shall hold office for a term of 4 years.

The reasoning behind that is the difference in form of elections. I want to thank the chairman and members of the committee for the privilege and the opportunity to appear before you and express my views in reference to the measures now being considered.

Thank you.

Mr. BURTON. Thank you very much for your very thoughtful, tightly reasoned statement.

With the indulgence of the subcommittee, we have three more witnesses. The House will be going into session in 14 minutes. I would request that the witnesses be as concise as possible.

Mr. BURTON. We will now hear from Mr. Tiapula.