Peter T Young

May 6, 2023 by Peter T Young Leave a Comment

Nearshore Fisheries

“It will be seen that fisheries are governed here by principles recognized by the common law. There are common fisheries, commons of fisheries, and several fisheries; but owing to the peculiar conditions that have existed here the two latter classes of fisheries exist here to a much larger extent than in other English-speaking countries.”

“Rights of fishery here are, as at common law, subject to rights of navigation. They are subject also to statutory regulation.” (Report of Committee on Fisheries, September 7, 1898; Maly)

“Probably the most peculiar feature of the Hawaiian fisheries is the well-developed principle of the private ownership of the fishes found in the open sea and bays to within a certain prescribed distance from shore.” (Preliminary Report On An Investigation Of The Fishes And Fisheries Of The Hawaiian Islands, 1901; Maly)

“For generations following initial settlement, communities were clustered along the watered, windward (ko‘olau) shores of the Hawaiian Islands. Along the ko‘olau shores, streams flowed and rainfall was abundant, and agricultural production became established.”

“The ko‘olau region also offered sheltered bays from which deep sea fisheries could be easily accessed, and near shore fisheries—enriched by nutrients carried in the fresh water—could be maintained in fishponds and coastal fisheries.”

“It was around these bays that clusters of houses where families lived, could be found. In these early times, the residents generally engaged in subsistence practices in the forms of agriculture and fishing.” (Maly)

The “proprietors of land are entitled to the privilege of fishing upon their own shores as far as the tallest man in the island can wade at low water, and they may exercise that right at all seasons …”

“… but beyond that the sea is tabooed, except at two periods in the year, of six weeks each, during which unlimited fishing is allowed; at these times it is the general employment of the natives, and they cure enough to serve them through the tabooed season.” (Campbell)

“By the Law respecting fisheries, Kamehameha III distributed the fishing grounds and resources between himself, the chiefs and the people of the land. The law granted fisheries from near shore, to those of the deep ocean beyond the sight of land to the common people in general.”

“He also specifically, noted that fisheries on coral reefs fronting various lands were for the landlords (konohiki) and the people who lived on their given lands (ahupua‘a) under the konohiki.” (Maly)

Kamehameha III codified the nearshore fishing rights as: “I. Of free fishing grounds. (No ka noa ana o ke kai): His majesty the King hereby takes the fishing grounds from those who now possess them, from Hawaii to Kauai, and gives one portion of them to the common people, another portion to the land-lords, and a portion he reserves to himself.”

“These are the fishing grounds which his Majesty the King takes and gives to the people; the fishing grounds without the coral reef. viz. the Kilohee grounds, the Luhee ground, the Malolo ground, together with the ocean beyond.”

“But the fishing grounds from the coral reefs to the sea beach are for the landlords, and for the tenants of their several lands, but not for others.”

“But if that species of fish which the landlord selects as his own personal portion, should go onto the grounds which are given to the common people, then that species of fish and that only is taboo.”

“If the squid, then the squid only; or if some other species of fish, that only and not the squid. And thus it shall be in all places all over the islands; if the squid, that only; and if in some other place it be another fish, then that only and not the squid.” (Of free and prohibited fishing grounds, 1839-1841; Maly)

“It was not, however, until 1848 that land tenure was put upon a solid legal basis by the division of the lands between the King, the chiefs, and the tenants, investing the titles in each.”

“Each island was divided into “moku,” or districts. The subdivisions of a “moku” were “ahupuaa,” which is really a unit of land in the islands. The “ahupuaas” are generally long, narrow strips, running from the mountain to the sea, include mountain, the plateau, the shore, and for a certain distance out to sea.”

“The distance into the sea was to the reef, if there was one; if not, to one geographical mile from shore. The owner of this portion of the sea naturally had the right to control it, so far as the fishing was concerned, the same as he did his land.”

“When he placed a tabu on it, branches of the hau tree were planted it all along the shore. The people seeing this token of the tabu respected it.”

“With the removal of the hau branches, indicating that the tabu was lifted, the people fished as they desired, subject only to the tabu days of the priest or alii, when no canoes were allowed to go out upon the water.” (Preliminary Report On An Investigation Of The Fishes And Fisheries Of The Hawaiian Islands, 1901; Maly)

May 4, 2023 by Peter T Young Leave a Comment

Gaspee Affair

The British government had a crushing debt incurred in winning the French and Indian War. It needed money, and collecting customs duties was one way of getting it.

In 1764, the British Parliament passed the Sugar Act, a tax on sugar, and the British Admiralty bought six ships ‘of Marblehead design’ to enforce it.

Among the first of these vessels was the schooner St. John, commanded by Lieutenant Hill. She arrived in 1764 and was immediately regarded as an enemy to the commerce of the Colony and her every movement watched.

Other war-ships became more or less embroiled with the Rhode Islanders, and the trouble increased as they persisted sending officers to board American ships, inspect the crew, and seize sailors from Rhode Island merchantmen.

A brig, just arrived at home after a long voyage, expected eagerly by those who had relatives and friends among her crew was stopped when in sight of land by the English war vessel Maidstone, and her entire crew seized.

In retaliation about five hundred men of Newport seized one of the Maidstone’s boats, dragged it through the streets of the town and burned it on the common in front of the court house, while a crowd, composed of the major part of the inhabitants of Newport, witnessed and applauded the deed. The St. John and Liberty were burned.

The Gaspee, a schooner of eight guns, with Lieutenant Dudingston in command, arrived in Narragansett Bay in the spring of 1772 to carry on the work for which the St. John and the Liberty had proved ineffectual.

By 1772 the Gaspee had become a daily nuisance in Narragansett Bay because her crew had an incentive to collect as much customs duty as possible: They shared in it.

A letter exchange began between Rhode Island’s elected Governor, Joseph Wanton, and the captain of HMS Gaspee, Lieutenant Dudingston. The earliest exchange of letters (April 6, 1772) reveals the colonists’ frustrations with Dudingston’s actions, as well as a dispute regarding whether he has the authority to operate in Narragansett Bay.

Rhode Island was fed up with the Gaspee; so much so that on May 20, 1772, Gov. Joseph Wanton wrote a letter to the British secretary of state complaining about her. He argued the Gaspee’s crew didn’t have the right to seize a quantity of rum and try the owner outside of the colony of Rhode Island. On top of that, they insulted the colonists with ‘the most abusive and contumelious language.’

Lieutenant Dudingston continued his harassment, infuriating merchants and threatening to cripple the economy. Eventually Governor Wanton appealed to the Earl of Hillsborough, England’s Secretary of State for the colonies, for assistance. However Dudingston had pushed Rhode Islanders too far.

Her captain’s persistent harassment of Rhode Island merchants led to a group of Rhode Islanders to retaliate. The attack is the first major armed act of rebellion against the British crown, and the subsequent investigation prompted the colonies to consider united action against England.

On the morning of June 9, 1772, Hannah, a medium-sized packet boat captained by Benjamin Lindsey, began sailing north from Newport to Providence.

As expected, Lieutenant Dudingston aboard Gaspee gave chase and the two ships worked their way up Narragansett Bay. About six miles from Providence, Hannah tacked across shallow water, and Gaspee, a much larger ship, followed and ran aground. Hannah continued on to Providence, leaving Gaspee stranded on Namquit Point.

They concluded the Gaspee would be grounded until well after midnight when the rising tide could free her and now saw a way to rid Rhode Island’s merchants of the ship commanded by the much-hated William Dudingston.

Brown ordered eight longboats delivered to Fenner’s Wharf, their oars and oarlocks muffled. He sent a drummer around town to announce the grounding of the Gaspee. Anyone interested in destroying that troublesome vessel should go to James Sabin’s house, right next to Fenner’s Wharf.

Ephraim Bowen, about 19 years old, answered the call. He grabbed his father’s gun, powder and shot and found a crowd at Sabin’s. His friend, 18-year-old Joseph Bucklin, a tavern-keeper’s son, had arrived, too. Later that evening, men gather at Sabin’s Tavern in Providence and plan an assault.

On that moonless night, more than 100 Sons of Liberty silently rowed out in a line of longboats to the Gaspee;

Dudingston leaned over the starboard gunwale in his white shirt and demanded, “Who goes there?”

Capt. Abraham Whipple replied, ‘I want to come on board.’

The return was, ‘Stand off, you can’t come on board.’

On which Capt. Whipple roared out, ‘I am the sheriff of the County of Kent; I am come for the commander of this vessel, and have him I will, dead or alive. Men, spring to your oars!’

Joseph Bucklin, standing on the main seat of the longboat, realized he had a shot at Dudingston.

“Ephe, reach me your gun and I can kill that fellow,’ he said to Ephraim Bowen. Bucklin then fired at Lt. William Dudingston, hitting him in the arm and lower abdomen. He exclaimed, “I have killed the rascal.” (Dudingston fell back, but was only wounded.)

Today, Rhode Islanders celebrate that shot as the ‘First Shot of the Revolutionary War.’

Soon after all the party were ordered to depart, leaving one boat for the leaders of the expedition, who soon set the vessel on fire and consumed her to the water’s edge.

The following morning, Sessions learned of the attack and began an investigation, taking testimony from two of the Gaspee crew.

On June 12, 1772, Governor Wanton issued a proclamation offering a reward to anyone who can offer information regarding the Gaspee burning.

In August 1772, with the investigation making little progress, King George III issued a proclamation offering rewards of up to £1000 to anyone who can supply the names of those responsible for the destruction of the ship and the injury to its commanding officer.

He names five officials from different colonies to carry out his orders. They are known as the Gaspee Commission.

With his proclamation, King George III also sends instructions for the Gaspee Commissioners. They include a command to send any accused attackers to England for trial.

From September 1772 to June 22, 1773, the Commission conducts its investigation, issuing warrants and taking testimony from Gaspee crew and people believed to have knowledge of the attack.

After ten months, the Commissioners end their investigation. In their final report to King George III, they explain that due to contradictory evidence and coerced testimony, they are unable to name any of the perpetrators of the crime.

The burning of the Gaspee is celebrated in Rhode Island as an important early strike against the tyranny of the crown. However it was the King’s threat to try the accused in England, rather than on native soil by a jury of their peers, that had the most lasting effect.

Soon after, understanding that the colonies’ many grievances are best addressed with a “unity of action,” a meeting of deputies from every colony is proposed. These deputies become the First Continental Congress.

Click the following link to a general summary about the Gaspee Affair:

Click to access Gaspee-Affair.pdf

May 3, 2023 by Peter T Young Leave a Comment

Waipuhia

Huli ae au e nana ia Waipuhia, ua moni ia kona mau huna wai e ka makani ; me he lauoho kalole la i luhe i ka makani, i kiaweawe makalii i ka lau o ke kawelu, ka puaki i ka pua o ka ahihi o Malailua. (Kamakau, Ka Nūpepa Kū‘oko‘a, July 13, 1865)

I turned and looked at Waipuhia; its fine droplets of water were being absorbed by the wind. Like straight hair drooping in the wind, it streamed finely down the leaves of the kawelu grass and gathered on the blossoms of the ‘āhihi of Malailua. (Kamakau; Cultural Surveys)

A story is told in the legend of two children who lived on two hills, one in Nuʻuanu and one in Kalihi.

The boy would visit his playmate on the neighboring hill.

When the girl’s godmother, who was the mist of the valley, saw how happy this made the girl, she enveloped the boy in a mist so he could not leave and return home.

The boy’s parents thought that the boy was dead and went on with their lives.

However, the parents angered the “Lady of the Ferns” a goddess of Kalihi Pass, when they collected lehua, sacred to this goddess, for their lei and forgot to make an offering.

The goddess summoned a horrendous storm to strike the family on its hill.

The cries of his family woke the boy from his spell and he tried to return home, but the lady created a great wind that picked him up and killed him. When the boy did not return, the girl began to weep.

“… lo! Her tears were wafted into the air. They rose in a silvery mist, and to this day the maiden weeps and the mist of her tears rises to caress the spirit voice of her youthful love.” (Raphaelson; Cultural Surveys)

Waipuhia (blown water,) near the mauka boundary of Nuʻuanu Valley, are more commonly called the “Upside Down Waterfalls.”

At normal times (with typical tradewinds,) the falls only appear after a rain, and the water from the falls never reaches the base of the cliff; it is “blown” up by the winds and “in midair, it suddenly changes its course and rises upward to a cloud of mist”.

May 2, 2023 by Peter T Young Leave a Comment

Minoru Inaba

Minoru Inaba, the third of nine children, was born on February 20, 1904, in Holualoa, Kana. His parents, Hatsuyo and Zentaro Inaba, were immigrants.

“I think they came here during the latter part of the 1890s. Mother came to Kona with my father – that is, Kitao – and my stepfather came from Papaikou to Kana. He was one of the contract laborers in Papaikou.”

“My father was Zentaro Inaba. That’s my stepfather. My mother was Hatsuyo Inaba. Her maiden name was Hatsuyo Miyamoto. Now, my real father, when I was very young, left for the Mainland. And subsequent to that, my [step]father came to Kona and married my mother. As far as I’m concerned, I don’t know my real father. Ever since my childhood, my father was Zentaro Inaba.”

There were nine of us. Seven boys and two girls. The oldest in my family is my sister. She’s Mrs. Ikeda. Then came Albert. By the way, he was the first principal of Japanese extraction in the state. At that time, of course, it was a territory. He became principal of the Honaunau School. Then he moved to Molokai. During his latter years, he became principal of the Molokai High and Elementary School.”

“Then, I’m the third in the family. Below me there are six. Now, right below me is my sister Fukumi. She was teaching at Pahala. … Then comes Yoshio, who’s an engineer. He served, at one time, for the county as a county engineer under Jimmy Kealoha, who was at that time the executive officer of the County of Hawaii. Now, the office is called the mayor’s office.”

“Then comes Norman Inaba. He’s in business in Honolulu. He has a industrial loan company and also a realty business. Then, next comes Goro, who is now at Holualoa. He has a service station and runs the hotel that mother and father built back in 1926. Then comes Futoshi. He’s in contracting in Hilo. Then, next comes Jimmy Inaba, who’s an auditor.”

Minoru’s parents “built that hotel – Kona Hotel – in 1926. So, they were running the hotel. … Father used to cook, and mother used to clean the rooms and so on. And they had a girl there that did the rooms. Mother did the laundry and things like that. And father did the cooking.”

“Who were the people who used to stay at the hotel? … Oh, most of them were salesmen … Travelling salesmen. Then, we’d have tourists come in once in a while. Because, at that time, the only hotels were the Kona Inn and Manago Hotel in Kona. And, of course, my folks’ hotel.”

“I guess his cooking ability was the reason they opened the hotel. The hotel food was western and Father was quite a cook. He always served soup which was well liked by the customers … beef soup.” (Minoru Inaba, Social History)

Minoru attended English and Japanese-language school in Holualoa. In 1925, he was one of five students in Konawaena High School’s first graduating class. During his youth, he was active in kenbu (Japanese interpretive dances performed with the aid of a sword), baseball and football.

He worked on the family coffee farm, “there was no other industry in Kona except coffee farming, and the sugar plantation, for a while. And of course, ranching, they had from way back. There was no tourism. No other businesses except coffee farming in Kona.”

“We picked coffee during the day, and then in the late afternoon, grind the coffee so that it could be dried the following morning. In those days, we used to have a coffee platform. We’d spread the coffee out on the platform, and if it looked like rain, we had to push the coffee up to the edge of the platform and cover it with galvanized iron.”

“Then, later on, somebody thought of an idea where the platform would be covered by a moving contraption, where you could move the whole roof on a track. When it rained, you just push it back. When it was sunny, you’d push it out so that the coffee would dry.”

“You know, when you in the seventh grade like that, to carry one bag of coffee was quite a chore. And load three bags on a donkey and come up the trail. When it rain, the donkey would slip on the trail, fall. Had to unload the coffee, get the donkey up, load it again. I know, many times, I used to cry.” (Minoru Inaba)

Until 1925, Minoru took on many jobs – helping on the family coffee farm, doing canefield work, driving a taxi and school bus, working at a sisal mill, working at the telephone exchange, and doing postal work at Holualoa.

Later, Minoru attended the University of Hawaii, graduating with a bachelor’s degree in education in 1929. In subsequent years, he served as teacher, counselor, coach and vice-principal. He retired in 1968.

“As time went on, I think there’s been a change. It’s vastly different from what it is today than what it was before. As I said, I think, back when I was counselor, they respected law and order more than they do now. They had little more respect for teachers and the elders.”

“But I wouldn’t say that of every youngster today, but I’m speaking in general terms, now. You don’t have that kind of respect that the early youngsters had for their teachers and their elders today.” (Inaba)

Inaba’s 38 years as a teacher, coach, and vice principal at Konawaena High School from the 1920s made him a respected figure. “He had the respect of two generations. He taught fathers and children,” said Kona rancher and former County Councilman Sherwood Greenwell. (Thompson)

“(A)fter having been with the Department of Education for 38 years, I thought maybe I was due for a good rest and do the things that I wanted to do like fishing, things like this. But it didn’t turn out that way.”

“After I retired, in fact, the year that I retired, people approached me, the community people, and asked me if I would not run for elected office.”

“Not having had any experience, I said definitely no, I’m not interested in running for office but upon so many people coming to my home and insisting I run, I finally decided to run and in 1968 I ran for the office of representative from our district (and served for 10-years).” (Inaba, Social History of Kona)

“What Inaba had done as an educator to build individuals, he did for Kona’s physical facilities as a legislator. Inaba obtained money for a new Kona Hospital, to expand Honokohau Harbor, to drill a new water well, making a community water system possible.”

“I can remember the days (before the well) when we all had water tanks in Kona,” said Marnie Herkes of the Kona-Kohala Chamber of Commerce. Inaba brought money to his district “unfailingly,” Greenwell said. (Thompson) Inaba died June 6, 2002.

Here’s a link to a Kona Historical Society video that includes Minoru Inaba:

https://www.youtube.com/watch?v=yE2bnqVB_Q0

April 30, 2023 by Peter T Young Leave a Comment

Nationality

Nativity relates to the time, place and circumstances of a person’s birth.

According to the US Census, “Nativity status refers to whether a person is native or foreign born. The native-born population includes anyone who was a citizen or national at birth.”

People “who were born in the United States, Puerto Rico, a US Island Area (US Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands,) or abroad of a citizen parent or parents, are defined as native.”

‘Citizenship’ refers to the legal relation between a person and a state, as recognized in international law. This status is often also referred to as ‘nationality’ (‘citizenship’ and ‘nationality’ are generally used as synonyms.)

‘Nationality’ means the legal bond between a person and a State and does not indicate the person’s ethnic origin. Everyone has the right to a nationality. (European Convention on Nationality)

At one time, jus sanguinis (right of blood) was the sole means of determining nationality in Asia and Europe (where it is still widespread in Central and Eastern Europe.) An individual belonged to a family, a tribe or a people, not to a territory. It was a basic tenet of Roman law.

Jus soli (right of the soil), also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state.

At times, exceptions limit citizenship, typically when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question or a child born to enemy forces engaged in hostile occupation of the country’s territory.

At the turn of the nineteenth century, nation-states commonly divided themselves between those granting nationality on the grounds of jus soli and those granting it on the grounds of jus sanguinis. (princeton-edu)

Countries that have acceded to the 1961 Convention on the Reduction of Statelessness will grant nationality to otherwise stateless persons who were born on their territory, or on a ship or plane flagged by the country.

Citizenship is a multidimensional concept that means membership in a specific nation-state and the formal rights and obligations that this membership entails. Citizenship can also be understood as a status and an identity.

One of the earliest laws in Hawaiʻi dealt with citizenship; it was part of King Kamehameha III’s Statute Laws 1845-1846. The Chapter for that law was headed: “Of Subjects and Foreigners” and the specific Article was labeled “Aliens, Denizens and Natives.”

Section III. All persons born within the jurisdiction of this kingdom, whether of alien foreigners, of naturalized or of native parents, and all persons born abroad of a parent native of this kingdom, and afterwards coming to reside in this, shall be deemed to owe native allegiance to His Majesty. All such persons shall be amenable to the laws of this kingdom as native subjects. All persons born abroad of foreign parents, shall, unless duly naturalized, as in this article prescribed, be deemed aliens, and treated as such, pursuant to the laws. (Ka Huli Ao Digital Archives – Punawaiola-org)

Hawaiʻi followed the Anglo-American common law rule of “jus soli” (without any stated exception;) those born in the country and subject to its jurisdiction are citizens. Subsequent interpretation of the laws and practices affirmed who were Hawaiian citizens and what rights and obligations they possessed.

In 1850, HW Whitney, born in Hawaiʻi of foreign parents, asked the Minister of the Interior, John Young II, about his status. The question was referred to Asher B Bates, legal adviser to the Government, who replied that, “not only the Hawaiian Statutes but the Law of Nations, grant to an individual born under the Sovereignty of this Kingdom, an inalienable right, to all of the rights and privileges of a subject.” (Hanifin)

In 1856, the Kingdom’s Supreme Court decided Naone v. Thurston, recognizing that persons born in Hawaiʻi of foreign parents were Hawaiian subjects.

On January 21, 1868, the Minister of the Interior for the Hawaiian Kingdom, His Excellency Ferdinand Hutchison, stated the criteria for Hawaiian nationality:

“In the judgment of His Majesty’s Government, no one acquires citizenship in this Kingdom unless he is born here, or born abroad of Hawaiian parents (either native or naturalized,) during their temporary absence from the kingdom, or unless having been the subject of another power, he becomes a subject of this kingdom by taking the oath of allegiance.”

Subsequent laws through the Republic, Territory and State provide that “All persons born or naturalized in the Hawaiian Islands, and subject to the jurisdiction of the Republic, are citizens thereof.”

Why is this discussion important?

There is a movement in the Islands to restore a nation. That nation was created with the help of a lot of people, Hawaiian and non-Hawaiian. That nation’s laws and actions stated those born in the islands were citizens of the nation – whether from Hawaiian or non-Hawaiian parents. Others became naturalized citizens.

Why is the discussion for restoration of the nation limited to native Hawaiians, when there were many citizens of other ethnicities who belonged to the nation at the time of the overthrow?

A nation was overthrown – not a race.

However, in the recent nation building exercise, first there was Kau Inoa (registration of Native Hawaiians in Hawaiʻi and abroad who will be a part of the new Hawaiian nation and receive benefits provided by the new government) and later Kanaʻiolowalu (registration on an Official Roll and joining together to rebuild a Hawaiian nation.)

The 1890 Hawaiʻi Census (the latest prior to the overthrow) noted 89,990 people in the Islands (40,622 Native and Half-castes; 7,495 Hawaiian born, Foreign; and 41,873 Foreign Born.) This only counted citizens present in the Islands at the time; it did not include citizens living elsewhere.

Nationality (and a nation) is not about race or ethnicity – it is about citizenship in a country. Hawaiʻi citizenship was/is made up of a variety of races.

A lot of non-Hawaiians were born in the Islands, or are descendants of people who were born in the Islands. By laws and practice, they are Hawaiian citizens.

All Hawaiian citizens lost their nation … Hawaiian citizens with their varying ethnicities. Why aren’t all citizens included in the discussion and process of nation restoration?

The image shows an unnamed Passport, symbolic of nationality (irrespective of a person’s race.)