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September 24, 2026 by Peter T Young 2 Comments

Hawaiian Common Law

The first Hawaiʻi Supreme Court case to discuss “the rights common people to go to the mountains, and the seas attached to their own particular land exclusively” in the 1850 Kuleana Act was Oni v Meek (1858.)

Oni, a tenant of the ahupua’a of Honouliuli, O’ahu, filed suit against John Meek, who had a lease over the entire ahupuaʻa. Oni brought suit when some of his horses, which had been pastured on Meek’s land, were impounded and sold. Oni claimed that he had a right to pasture his horses (by custom and by language in the Kuleana Act.)

The Hawai’i Supreme Court rejected both arguments. For over a hundred years, the Oni v Meek case appeared to foreclose claims based on custom. (MacKenzie)

In 1892 the legislature of the Hawaiian Kingdom and Queen Liliʻuokalani passed a law that recognized Hawaiian usage as part of the common law of the Kingdom, together with the common law of England.

An act on November 25, 1892, Act to Reorganize the Judiciary Department, ch. LVII, § 5, 1892 Laws of Her Majesty Liliuokalani, Queen of the Hawaiian Islands, provided for exceptions to the English common law that were “established by Hawaiian national usage.”

This law, which is today known as Section 1-1 of the Hawaiʻi Revised Statutes (HRS,) provided the basis for the rights of the makaʻāinana (common people) beyond the rights reserved under the Kuleana Act, so as to include whatever was broadly customary as Hawaiian usage prior to 1892. (McGregor & MacKenzie)

HRS §1-1 Common law of the State; exceptions, states, “The common law of England, as ascertained by English and American decisions, is declared to be the common law of the State of Hawaii in all cases, except …”

“… as otherwise expressly provided by the Constitution or laws of the United States, or by the laws of the State, or fixed by Hawaiian judicial precedent, or established by Hawaiian usage; provided that no person shall be subject to criminal proceedings except as provided by the written laws of the United States or of the State. (Hawaiʻi Revised Statutes)

Effective January 1, 1893 and continuing today, common law was adopted “except as otherwise provided … or fixed by Hawaiian judicial precedent, or established by Hawaiian usage….” (HRS Case Notes)

In 1978, the Hawaiʻi State Constitution was amended to specifically recognize traditional and customary Hawaiian practices by adopting Article XII, Section 7:

“The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua’a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.”

In 1995, the Hawaiʻi Supreme Court, explained in the Public Access Shoreline Hawaii (PASH) case that “Oni merely rejected one particular claim based upon an apparently non-traditional practice that had not achieved customary status in the area where the right was asserted.” (MacKenzie)

The PASH Court stressed that “the precise nature and scope of the rights retained by (HRS) § 1-1 … depend upon the particular circumstances of each case”.

The Court set out a test for the doctrine of custom, requiring that a custom be consistent when measured against other customs; a practice be certain in an objective sense, “(A) particular custom is certain if it is objectively defined and applied; certainty is not subjectively determined”; and a traditional use be exercised in a reasonable manner.

The PASH Court also clarified that “those persons who are ‘descendants of native Hawaiians who inhabited the islands prior to 1778,’ and who assert otherwise valid customary and traditional Hawaiian rights under HRS 1-1, are entitled to protection regardless of their blood quantum.” (MacKenzie)

In the ‘Kapili’ case (dealing with entering undeveloped lands to gather, without unnecessarily disturbing the surrounding environment, natural products necessary for certain traditional native Hawaiian practices) the Hawaiʻi Supreme Court noted:

“The statutory exception to the common law is thus akin to the English doctrine of custom whereby practices and privileges unique to particular districts continued to apply to residents of those districts in contravention of the common law.”

“This, however, is not to say that we find that all the requisite elements of the doctrine of custom were necessarily incorporated in § 1-1. Rather, we believe that the retention of a Hawaiian tradition should in each case be determined by balancing the respective interests and harm once it is established that the application of the custom has continued in a particular area.” (Supreme Court, Kapili)

Related to this, in the Pele Defense Fund case, it was determined that, “The nature and scope of the rights reserved to hoaʻāina (tenants) by custom and usage are to be defined according to the values, traditions and customs associated with a particular area as transmitted from one generation to the next in the conduct of subsistence, cultural, and religious activities.”

That case also found that residency of a particular ahupuaʻa was not required for gather, noting, “Unlike other areas in Hawaii, Hawaiians historically crossed ahupua`a boundaries in the Puna district. …”

“…The hunting and gathering patterns in the Puna district are unique because they are influenced, to a large extent, by an active volcano, Kilauea. It can be reasonably inferred that volcanic eruptions in the Puna area force hunters and gatherers to change areas to find plants and animals for subsistence purposes.” (Circuit Court, PDF)

The Pele Defense Fund decision extended rights to non-Hawaiians, noting, “Accordingly, non-Hawaiians could have the same right as Hawaiians, irrespective of Article XII, § 7 if they could prove that their rights were based on custom and usage.”

“The Pele Defense Fund decision concluded with “a permanent injunction against excluding the following persons from entering the undeveloped portions of the land and using the developed portion for reasonable access to the undeveloped portions, to perform customarily and traditionally exercised subsistence and cultural practices:”

“(a) Hawaiian subsistence or cultural practitioners who are descendants of the inhabitants of the Hawaiian Islands prior to 1778; (b) Person or persons accompanying Hawaiian subsistence or cultural practitioners described in (a); or (c) Persons related by blood, marriage or adoption to Hawaiian subsistence or cultural practitioners described in (a).”

Within the same Hawaii Revised Statues is another important law (§5-7.5) ‘Aloha Spirit’.

‘Aloha Spirit’ is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, “Aloha”, the following unuhi laula loa may be used:
‘Akahai,’ kindness to be expressed with tenderness;
‘Lokahi,’ unity, to be expressed with harmony;
‘Oluolu,’ agreeable, to be expressed with pleasantness;
‘Haahaa,’ humility, to be expressed with modesty;
‘Ahonui,’ patience, to be expressed with perseverance.

‘Aloha’ is more than a word of greeting or farewell or a salutation. ‘Aloha’ means mutual regard and affection and extends warmth in caring with no obligation in return.

‘Aloha’ is the essence of relationships in which each person is important to every other person for collective existence. ‘Aloha’ means to hear what is not said, to see what cannot be seen and to know the unknowable.

Aloha, it’s the law.

© 2026 Hoʻokuleana LLC

Common Law

Filed Under: Ali'i / Chiefs / Governance Tagged With: Hawaii, Common Law, Kapili, PASH, Pele Defense Fund

September 23, 2026 by Peter T Young Leave a Comment

About 250 Years Ago … John Paul Jones

“I wish to have no connection with any ship that does not sail fast, for I intend to go in harm’s way.” (John Paul Jones – Letter to Le Ray de Chaumont (November 16, 1778))

John Paul (he added the Jones later) was born on the estate of Arbigland, Scotland on July 6, 1747. His father was the head gardener of the estate.

At the age of 13, he boarded a vessel where he signed up as a seaman’s apprentice.  At 17, he went into the slave trade as third mate, but later quit the slave traffic in disgust calling it an ‘abominable trade’.  John Paul had become a captain by his own merits at the age of 21.

Later, to protect his identity after he fled to avoid trial after killing a local mutineer in the West Indies, he changed his name to John Paul Jones.

Events were working up to the American Revolution; Jones was strongly on the colonists’ side.  Jones was advisor to the Naval Committee of the Continental Congress when they formed the Continental Navy’. He offered his services and was commissioned as first lieutenant on December 7, 1775.

On a famous September 23, 1779 battle off Flamborough Head on the Yorkshire coast of England, with over half of his crew either killed or wounded and many men horribly burned, Jones was asked if he wished to surrender.

Jones gave the reply “I have not yet begun to fight”.

They fought a bloody battle; the hand-to-hand combat and small arms fire of the Americans was deadly and accurate. Americans threw a grenade onto the British ship that caused a chain reaction of their gunpowder igniting and exploding in the lower deck. The British ship surrendered.

John Paul Jones is remembered in the United States as the ‘Father of the American Navy’. He became a distinguished naval officer fighting for both the US and Russia.

Frances’s King Louis XVI credited Jones with maintaining “The Freedom of the Seas.” In Britain he is remembered as a pirate. (Info here is from John Paul Jones Cottage Museum, US Naval Academy, Naval Institute, Battlefield Trust)

Filed Under: American Revolution Tagged With: America250, John Paul Jones

September 22, 2026 by Peter T Young Leave a Comment

250 Years Ago … Nathan Hale

Nathan Hale was born to a prominent Connecticut family in 1755 and attended Yale with hopes of becoming a teacher. He graduated with honors in 1773 and began teaching in New London, Connecticut.

When the Revolutionary War began in 1775, Hale recognized the importance serving in the military to fight for America’s independence from Britain.

He joined the Connecticut militia, becoming a First Lieutenant within five months. For reasons unknown, Hale was unable to join his troops on the battlefront during the Siege of Boston, which deeply troubled him.

Hale, intensely eager to go to combat against the Redcoats, leapt at the opportunity to serve in the newly established Knowlton’s Rangers.

General George Washington, then commander of the Continental Army, established the elite group under the command of Lt. Col. Thomas Knowlton and tasked it with carrying out reconnaissance and raids.

In Nathan Hale’s time during the early years of the Revolutionary War, spying was not exactly considered honorable. But Hale believed in America and was willing do anything in his power to defend American freedom.

He volunteered to spy on the British Army after reportedly confiding in his classmate that he longed to be useful and that every kind of service for the public good was honorable by being necessary.

On the night of September 15, 1776, Hale left for Long Island outfitted as a schoolmaster and carrying his Yale diploma. He was using the cover story that he was a teacher looking for work.

Details of Hale’s espionage activities and capture are scant, though he almost certainly traveled around Long Island taking copious notes of British movements and fortifications just before his discovery.

On the morning of his execution on September 22, 1776, Hale showed great dignity and composure. His final words are purported to be: “I only regret that I have but one life to give to my country.” (All here is from the CIA.)

Filed Under: General, American Revolution Tagged With: America250, Nathan Hale

September 21, 2026 by Peter T Young Leave a Comment

About 250 Years Ago … Benedict Arnold

In the early years of the Revolutionary War, Benedict Arnold was one of George Washington’s most accomplished field generals.

His legacy today is quite different, with Arnold branded the most notorious traitor in American history, after a failed gambit to trade the vital American outpost at West Point for cash resulted in his defection to the British side.

A pharmacist by trade, he was short, solidly built (one acquaintance remembered that “there wasn’t any wasted timber in him”) and blessed with almost superhuman energy and endurance. He was handsome and charismatic, with black hair, gray eyes and an aquiline nose, and he carried himself with the lissome elegance of a natural athlete.

He was born in 1741. The first Benedict Arnold had been one of the colony’s founders, and subsequent generations had helped to establish the Arnolds as solid and respected citizens.

But Arnold’s father, who had settled in Norwich, Connecticut, proved to be a drunkard; only after his son moved to New Haven could he begin to free himself from the ignominy of his childhood. By his mid-30s he had had enough success as an apothecary and a seagoing merchant to begin building one of the finest homes in town.

From the first, he distinguished himself as one of New Haven’s more vocal and combative patriots. On hearing of the Boston Massacre, he thundered, “Good God, are the Americans all asleep and tamely giving up their glorious liberties?”

When in April 1775 he learned of the skirmishes at Lexington and Concord, he seized a portion of New Haven’s gunpowder supply and marched north with a company of volunteers. In Cambridge, Massachusetts, he convinced Dr. Joseph Warren and the Massachusetts Committee of Safety to authorize an expedition to capture Fort Ticonderoga in New York State and its 80 or more cannons. (Smithsonian)

Benedict Arnold was part of the command (with Ethan Allen) of the Green Mountain Boys.  He created a navy for Lake Champlain, battled the British at Valcour Island, and burned the boats in what is now Arnold Bay during retreat from that battle, effectively stopping the British from gaining a foothold in the area.

Arnold’s forces eventually clashed with the British at Fort Ticonderoga – nestled along the shores of Lake Champlain in northern New York – capturing valuable artillery stores. He achieved this with relative ease, providing the Continental Army with its first victory of the war and a desperately needed boost of confidence.

The heavy cannons taken by Arnold proved instrumental in ending the Siege of Boston the following year. His exploits, however, were not without cost; he suffered the first of two serious leg injuries during a failed attack on British-occupied Quebec, Canada.

By early 1777, Arnold was back in the field, leading his troops in a blocking action against a British advance in Connecticut. The enemy force, commanded by William Tryon, the British Governor of New York and recently appointed general, was acting on intelligence from a British spy about a suspected Continental Army weapons depot.

The British achieved their objectives but at great cost, suffering twice as many casualties as the Americans in the ensuing skirmish. Arnold narrowly escaped death, having two horses shot out from under him on the battlefield.

Arnold was also instrumental in the historic American triumph at the Battle of Saratoga in 1777. By virtue of his bravery and exceptional leadership, his men prevailed against a formidable army commanded by one of England’s brashest generals.

The lopsided victory at Saratoga, resulting in the surrender of thousands of British soldiers, was a turning point in the Revolutionary War, emboldening France to formally enter the war and strike a decisive alliance with America.

Arnold did not escape the battle unharmed, suffering a severe wound in the same leg he injured earlier. To facilitate his recuperation, Washington appointed him Military Governor of Philadelphia.

Brewing Troubles

Arnold’s patriotism and battlefield exploits earned him little reward. Though the British surrender at Saratoga was hailed throughout the colonies, other officers took credit for Arnold’s tactical success and diminished his role.

As a further insult, Congress refused to promote Arnold in rank, elevating several junior officers above him.

It is not clear when 37-year-old Benedict Arnold first met 18-year-old Peggy Shippen; however, on September 25, 1778, he wrote her a love letter—much of it an exact copy of one he’d sent to another woman six months before.

But in September 1778 he did not yet have the money he needed to maintain Peggy in the style to which she was accustomed.

There was also the matter of the Shippens’ politics.  They might not be outright loyalists, but they had a decided distaste for the radical patriots who were waging an undeclared war on Philadelphia’s upper classes now that the British had gone.

Given Arnold’s interest in Edward Shippen’s daughter and his lifelong desire to acquire the wealth his bankrupt father had denied him, it is not surprising that he embraced the city’s marginalized nobility with a vengeance. (Smithsonian)

As Arnold gradually became more disaffected, his wife, Margaret “Peggy” Shippen, was immersing herself in lavish spending, deeply indebting the general. Adding to the swirl of troubles, Arnold faced a court-martial on charges of misconduct and financial impropriety.

Though he was largely exonerated, he received a stinging rebuke from Washington, fanning a deep-seated resentment. Bitter, indignant, and desperate for money, Arnold decided to turn away from his country, brokering a secret agreement to begin spying for the British.

In 1780, Washington summoned Arnold to rejoin the Army as a top commander, but the disillusioned general had other plans. He requested and was granted command of the American defenses along the Hudson River at West Point. The fortified outpost held much strategic value, controlling lines of communication and transportation between New England and the rest of the country.

Arnold is usually credited with coming up with the idea himself, but there are reasons to think the decision to turn traitor originated with Peggy. Certainly the timing is suspect, following so soon after their marriage.

Arnold was bitter, but even he had to admit that the Revolution had catapulted him from the fringes of respectability in New Haven to the national stage. Peggy, on the other hand, regarded the Revolution as a disaster from the start.

By marrying Peggy, Arnold had attached himself to a woman who knew how to get what she wanted. When her father had initially refused to allow her to marry Arnold, she had used her seeming frailty – her fits, her hysteria, whatever you wanted to call it – to manipulate him into agreeing to the engagement for fear that she might otherwise suffer irreparable harm. Now she would get her way with her equally indulgent husband.

On September 21, 1780, Revolutionary War hero Benedict Arnold turned his back on his country in a secret meeting with a top British official.

Arnold proposed to turn over West Point in exchange for a large payment. For the revolutionaries, holding West Point meant preventing the British from controlling the Hudson River and dividing the colonies in two.

He offered an additional lure, the potential capture of George Washington during a planned visit. The British readily agreed.

Arnold’s Treachery Discovered

Arnold began discreetly weakening the stronghold while surreptitiously reporting to André on troop strength, planned movements, and defensive positions. After returning from one of their secret meetings, André was captured and searched by local American militia, who discovered documents implicating Arnold.

Alerted that André had been captured, Arnold fled West Point and managed to reach the HMS Vulture, a British warship nearby. He wrote to Washington, requesting safe passage to Philadelphia for his wife. Washington acquiesced, unaware of her involvement in Arnold’s scheming.

As for André, Washington ordered the captured British officer hanged as a spy. This came after an offer from Washington, proposing to exchange André for Arnold, was rejected by his British counterpart.

Arnold was soon rewarded by the British with a commission as a brigadier general. After clashing with redcoats for years, he would soon be leading them against his former comrades.

In the aftermath of the betrayal, Washington ordered his cavalry commander, Major Henry “Light Horse Harry” Lee (the father of future Confederate commander Robert E. Lee) to plan the capture of Arnold from New York City.

Weeks after Arnold’s flight, the handpicked John Champe, Lee’s Sergeant Major, posed as a defecting Continental soldier and joined British forces in New York. From there, aided by local spies, he planned to abduct Arnold and return him to American lines.  A last-minute transfer saved Arnold, allowing the turncoat to elude Champe, who eventually returned to the American lines.

Three months later, Arnold led 1,600 men of the American Legion – mostly Loyalist troops and Continental Army deserters – to Richmond, Virginia’s capital, which was defended by only a small handful of volunteers.

After being chased off by Arnold’s men, Governor Thomas Jefferson offered a bounty of 5,000 gold coins for the capture of the former American general.

Arnold survived the war and moved with his wife Peggy to England, where he lived out the remainder of his life, mistrusted even by the British and consigned to relative obscurity. He died in London in 1801. (National Intelligence)

Click the following link to a general summary about Benedict Arnold:

Click to access Benedict-Arnold.pdf

© 2026 Hoʻokuleana LLC

Filed Under: American Revolution Tagged With: America250, American Revolution, American Revolutionary War, Benedict Arnold

September 20, 2026 by Peter T Young 1 Comment

Papa Koa Lumber Company

“The marketing of a quantity of koa lumber will prove a noteworthy event in the history of our exports, it is to be regretted that so little is known on the mainland of the commercial woods of these islands.”

“A complete collection of Hawaiian economic woods, is greatly to be desired. In many cases the beauty of their texture is only equalled by their possibilities of utility.”

“Not only are hard woods of beautiful grain, capable of retaining a splendid polish, well represented in Hawaii, but also others whose peculiar properties would make them valuable tor special purposes. Notable among the latter is the wood of the wili-wili tree, whose extreme lightness will no doubt some day find an economic application.”

The ‘ōhi‘a forms the major part of the forest in South Kona and in many places the trees attain good height and fairly large diameter. The ‘ōhia forest extends up to an elevation of about 4,000 feet.

“Above that the character of the forest changes, the ‘ōhi‘a being replaced by koa in fairly pure stand, with less undergrowth. The koa occurs in groves more or less connected, rather than as a dense forest cover.”

The upper part is much rougher than that lower down, but nevertheless there are many pockets and little islands of good soil in the lava in which the koa develops well and reaches good size. Where the soil is scant the trees are short and spreading. (Hawaiian Forester and Agriculturalist, 1905)

Between 1906 and 1919, Papa Koa Lumber Company, owned by Cristel Bolte, was the major supplier of koa lumber for Hawai‘i and the US. (Jenkins)

Bolte was a German national who became a naturalized Hawaiian subject. He was a merchant in the corporation of Grinbanm & Co. and was connected with the Planters’ Labor and Supply Association and a sugar shareholder; “There is hardly any person of property in this country who is not an owner of some sugar stocks.”

Bolte leased about 600-acres of koa forest lands in Papa, South Kona, and in 1906 he negotiated a contract to supply koa logs to the American-Hawaiian Mahogany Company in Petaluma, California. He shipped 30,000 feet of unsawed logs to the American-Hawaiian Mahogany Company in the first year of operation.

In 1909, Bolte purchased sawmill equipment on the mainland and entered into a partnership with EH Cant to harvest ‘ōhi‘a in Pahoa. Cant and Bolte, Ltd. had picked up part of the Santa Fe Railroad contract that the Hawaiian Mahogany Lumber Company had. but lost.

By 1914, the once large market for ‘ōhi‘a in the US had all but disappeared and by 1915 Bolte consolidated his lumber business back at Papa, South Kona, now on approximately 1,200 acres.

He added a band saw and forty-two-inch circular saw used for sawing the logs. There was also a machine shop, a complete woodworking shop, a manager’s home, and six to ten workers’ cottages on the site. It was a modern sawmill, employing whatever machinery was practical in the rugged, steep terrain.

Two old lumber wagons with ‘wood wheels’ were also used for hauling lumber down to the Ho‘opuloa Village landing for shipment

Transporting the lumber to the shipping point was as difficult and costly as it had been 100 years earlier. The tortuous roads over the rugged lava were essentially wagon trails, and the lumber vehicles were in constant need of repair.

The company was a major supplier of koa lumber to Honolulu’s largest koa furniture manufacturer, Fong Inn Company. The Papa Koa Lumber Company was in fact the main source of all commercial koa lumber during that time.

Bolte died in April 1919 at the age sixty-five; two of his sons, Ernest and Fred, continued the business as Bolte Brothers Sawmills. In September 1919, only five months after Bolte’s death, Mauna Loa volcano erupted, destroying much of the company’s forest lands, but stopped short of the sawmill.

The lava continued around and past the mill, destroying more forest lands on its way to the sea. The Bolte Brothers continued for two more years, until May 1921 when the Security Trust Company foreclosed on a loan made the year before.

In September, the sawmill and land were sold to neighboring landowner CQ Yee Hop, who also took the name of the defunct Hawaiian Mahogany Lumber Company. The new company then became the major supplier of koa lumber in the territory. (Lots of information here is from Jenkins, Daughters of Hawaii.)

© 2026 Hoʻokuleana LLC

Papa-Google Earth

Filed Under: Economy, General, Place Names Tagged With: Hawaii, Kona, Papa, Koa, South Kona, Papa Koa Lumber Company

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