Ali’i / Chiefs / Governance | Page 105

October 7, 2017 by Peter T Young 2 Comments

‘Native Tenants’

“Kamehameha I was the founder of the kingdom, and to him belonged all the land from one end of the islands to the other, though it was not his own private property. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property.” (Constitution 1840)

“When the Islands were conquered by Kamehameha I, he followed the example of his predecessors, and divided out the lands among his principal warrior chiefs, retaining, however, a portion in his hands, to be cultivated or managed by his own immediate servants or attendants.”

“Each principal chief divided his lands anew, and gave them out to an inferior order of chiefs, or persons of rank, by whom they were subdivided again and again; after passing through the hands of four, five or six person; from the King down to the lowest class of tenants.”

“All these persons were considered to have rights in the lands, or the productions of them. The proportions of these rights were not very clearly defined, but were nevertheless universally acknowledged.”

“The tenures were in one sense feudal, but they were not military, for the claims of the superior on the inferior were mainly either for produce of the land or for labor, military service being rarely or never required of the lower orders.”

“All persons possessing landed property, whether superior landlords, tenants or sub-tenants, owed and paid to the King not only a land tax, which he assessed at pleasure, but also, service which was called for at discretion, on all the grades, from the highest down.”

“They also owed and paid some portion of the productions of the land, in addition to the yearly taxes. They owed obedience at all times. All these were rendered not only by natives, but also by foreigners who received lands from Kamehameha I and Kamehameha II, and by multitudes still alive …”

“… of this there are multitudes of living witnesses, and a failure to render any of these has always been considered a just cause for which to forfeit the lands.”

“It being therefore fully established, that there are but three classes of persons having vested rights in the lands—1st, the Government, 2nd, the landlord (Chiefs and Konohiki,) and 3rd, the tenant (Makaʻāinana,) it next becomes necessary to ascertain the proportional rights of each.”

“Happily, evidence on this point is not wanting, though it may be the most difficult one to settle satisfactorily of any connected with land claims. The testimony elicited is of the best and highest kind.”

“It has been given immediately by a large number of persons, of a great variety of character, many of them old men, perfectly acquainted with the ancient usages of the country; some were landlords, and some were tenants.” (Land Commission Principles, adopted by Legislature October 26, 1846)

“The title of the Hawaiian government in the lands so acquired and so bona fide owned, as in the preceding sections set forth, shall be deemed in law to be allodial, subject to the previous vested rights of tenants and others, which shall not have been divested by their own acts, or by operation of law.” (Laws adopted 1846)

“Wherefore, there was not formerly, and is not now any person who could or can convey away the smallest portion of land without the consent of the one who had, or has the direction of the kingdom. These are the persons who have had the direction of it from that time down, Kamehameha II Kaahumanu I and at the present time Kamehameha III.”

“These persons have had the direction of the kingdom down to the present time, and all documents written by them, and no others are the documents of the kingdom.”

“The kingdom is permanently confirmed to Kamehameha III and his heirs, and his heir shall be the person whom he and the chiefs shall appoint, during his lifetime, but should there be no appointment, then the decision shall rest with the chiefs and House of Representatives.” (Constitution 1840)

“‘God hath made of one blood all nations of men to dwell on the earth,’ in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.”

“These are some of the rights which he has given alike to every man and every chief of correct deportment; life, limb, liberty, freedom from oppression, the earnings of his hands and the productions of his mind, not however to those who act in violation of the laws.”

“Protection for the People declared. The above sentiments are hereby published for the purpose of protecting alike, both the people and the chiefs of all these islands, while they maintain a correct deportment, that no chief may be able to oppress any subject, but that the chiefs and people may enjoy the same protection, under one and the same law.”

“Protection is hereby secured to the persons of all the people, together with their lands, their building lots, and all their property, while they conform to the laws of the kingdom, and nothing whatever shall be taken from any individual except by express provision of the laws.”

“Whatever chief shall act perseveringly in violation of this constitution, shall no longer remain a chief of the Hawaiian Islands, and the same shall be true of the governors, officers, and all land agents.”

“But if any one who is deposed should change his course, and regulate his conduct by law, it shall then be in the power of the chiefs to reinstate him in the place he occupied, previous to his being deposed.” (Declaration of Rights, 1839)

In 1848, King Kamehameha III responded to increasing economic pressure from foreigners who sought to control land by fundamentally changing the land tenure system to a westernized paper title system.

The lands were formally divided among the king and the chiefs, and the fee titles were recorded in the Māhele book. Lands granted in the Māhele were granted “subject to the rights of native tenants,” usually tenant farmers who already worked and resided on portions of those lands.

In 1850, a law was passed allowing these “native tenants” to claim fee simple title to the lands they worked. Those who claimed their parcel(s) successfully acquired what is known as a kuleana.

In the years that have passed since the Māhele, many of the large parcels initially granted to chiefs have changed hands through formal legal transfers of title.

Deeds executed during the Māhele conveying land contained the phrase “ua koe ke kuleana o na kānaka,” or “reserving the rights of all native tenants,” in continuation of the reserved tenancies which characterized the traditional Hawaiian land tenure system. (Garavoy)

Contemporary sources of law, including the Hawaii Revised Statutes, the Hawaii State Constitution, and case law interpreting these laws protect six distinct rights attached to the kuleana and/or native Hawaiians with ancestral connections to the kuleana.

These rights are:
(1) reasonable access to the land-locked kuleana from major thoroughfares;
(2) agricultural uses, such as taro cultivation;
(3) traditional gathering rights in and around the ahupua‘a;
(4) a house lot not larger than 1/4 acre;
(5) sufficient water for drinking and irrigation from nearby streams, including traditionally established waterways such as ‘auwai; and
(6) fishing rights in the kunalu (the coastal region extending from beach to reef).

The 1850 Kuleana Act also protected the rights of tenants to gain access to the mountains and the sea and to gather certain materials.

The Kuleana Act did not allow the makaʻāinana to exercise other traditional rights, such as the right to grow crops and pasture animals on unoccupied portions of the ahupua’a. The court’s interpretation of the act prevented tenants from making traditional use of commonly cultivated land. (MacKenzie)

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October 4, 2017 by Peter T Young 2 Comments

Gertrude Gardinier

“I found out very early that I could be as naughty as I liked with my nurses and I enjoyed that very much, because I was naturally naughty, I suppose.”

“I remember that I envied my friends very much and I envied the children of the servants, who did quite as they pleased, even more. Then I can remember a quite new sensation which came to me when I found out that they also envied me. That was a very delicious feeling.”

“It served to give quite a new taste to life and I was not lonely for a long while after that. It came about in this way. I had a friend, a very jolly, careless little girl, and one day when we had been playing together we went up into my bedroom and she threw herself down on my bed.”

“I remember how my nurse rushed at her across the room, ‘How dare you,’ she said, and she took hold of her roughly and pulled her to the floor. ‘Sit there!’ she said, ‘that is the place for you.’”

“‘The little girl went home and I thought about it a long time. I never had seen my nurse angry and it made a great impression on me. ‘Why is the floor the place for her?’ I asked, and my nurse said, ‘Because.’”

“‘That didn’t seem a very good answer and then I asked, for the first time I think, ‘Why shouldn’t people touch me or use my things or sit on my chair or on my bed?’”

“‘And my nurse said, ‘Because you are a Princess and the others are not.’ ‘Is it very nice to be a Princess?’ I asked, and my nurse said that it was the nicest thing in the world except to be a Queen, and after that, although I was glad I was a Princess, I always wanted to be a Queen.’”

“‘Always?’ ‘Yes always,’ answered Kaiʻulani. ‘Why shouldn’t I tell the truth about it? I was mad with joy when the news of the proclamation declaring me heiress to the kingdom reached me abroad.’”

“‘I said to myself like a little girl, ‘Now some day I shall be a Queen.’ And meantime, after the Queen, I would come first in the kingdom. I thought my heart would break when I heard that the monarchy was overthrown, and I had all a girl’s disappointment, and I think all a Queen’s. I had wanted to be a good Queen some day.” (Kaʻiulani, The Call, August 7, 1898)

First Miss Barnes, then Miss Gertrude Gardinier, and later Miss de Alcald served as governesses to Kaʻiulani.

Kaʻiulani’s governess, Miss Barnes, of whom the family was very fond, died unexpectedly in 1883. Replacements were tired, but the arrival of Gertrude Gardinier from New York changed that.

Kaʻiulani’s mother, Likelike, approved immediately and the ten-year-old Kaʻiulani and Miss Gardinier took to each other immediately.

In 1885, Gardinier wrote to her parents noting, “She is the fragile, spirituelle type, but very vivacious with beautiful large, expressive dark eyes. She proves affectionate; highly spirited, and at times quite willful, though usually reasonable and very impulsive and generous.” (Zambucka)

“Miss Grandinier’s lessons were always so lively. We would awaken early, and then take breakfast out on the lanai – veranda – to enjoy the bright morning sunshine.”

“I always like a cup of rich, hot coffee, by Miss Gardinier insisted that I also drink fresh milk each day. At times, I know she thought me frail, and she was sure the milk would make me more robust.”

“Then we would read and write, and she would teach me about history. Names and dates and places that I would try very hardtop imagine. The music lessons were my favorite. Our family was fond of music.” (Kaʻiulani; White)

“Miss Gardinier said it was important for me to concentrate on my studies, because one day I will be called upon to rule our people, and I must be a wise and learned Queen.”

“In the afternoons, after my rest, we would often attend social engagements. These are many skills I need to learn, so that I will be able to receive and greet people properly, and be a gracious hostess.”

“Miss Gardinier and I used to discuss God a great deal. Then we would read the Bible. I have so many questions, but the Reverend says that all of the answers in the world as in the Good Book.”

“Mama once told me that when the missionaries first came to Hawaii, our people called the Bible ‘God in a little Black Box.’ You see, it was the only book they had ever seen.” (Kaʻiulani; White)

Gardinier remained at ʻĀinahau as Kaʻiulani’s governess until the day of her wedding to Mr Albert Heydtmann in May 1887. (Zambucka)

On a later visit to, now, Mrs Heytmann, Kaiʻulani noted, “I wish everything was the way it used to be.” Gertrude Heytmann responded, “I know, but you are very strong, Kaʻiulani. You will not only survive these changes, but you will thrive.” (White)

“Miss Gardinier – oh how I miss her! – always told me my moods changed like the tropical winds. I confess that I was often very willful with her, and I am sorry now, but such fun we had!” (Kaʻiulani; White)

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Kaiulani_with_Miss_Gardinier-1880s-WC

October 3, 2017 by Peter T Young 1 Comment

Ahole Hōlua

“A fair road leads across a barren a-a flow to Miloli‘i, the largest and best specimen of an exclusively Hawaiian village on the Island, which is seldom visited.”

“It is splendidly situated by a sand beach, the sea coming right up to the yard walls, and is inhabited by a rather large population of Hawaiians, who prosper through the fishing which is almost phenomenally good.”

“A fair trail leads south to Honomalino, where there are no houses, but a splendid sand beach, where turtle abound. The trail leads south, along the beach, to the Okoe landing, where there is only one house, and to Kapu‘a, used as a cattle shipping point, where there are two houses.”

“Just south of this is Ahole, where there is a perfect papa hōlua, about 400 to 500 feet long, appearing as if it had been built but yesterday.” (Kinney, 1913)

Hōlua are massively constructed ramps, made of stacked stone, that were used as tracks for wooden sleds by the ancient Hawaiians.

The flat slope was covered with grasses to make the narrow fragile sleds able to reach high rates of speed on their downward runs. It starts with a running platform along which the sledder raced before flopping down on the sled at the beginning of the slope down. (NPS)

Hōlua sledding was restricted to the chiefs. A track of rock, layered with earth and made slippery with grass, was made for tobogganing on a narrow sled.

Hōlua sledding was the most dangerous sport practiced in Hawai‘i. The rider lies prone on a sled the width of a ski and slides down a chute made of lava rock.

The sled or papa consisted of two narrow and highly polished runners (three inches apart,) from 7- to 18-feet in length, and from two to three inches deep. The papa hōlua (canoe sled) is a reflection of the double-hulled canoe.

The two runners were fastened together by a number of short pieces of woods varying in length from two to five inches, laid horizontally across the runners.

“Coasting down slopes… Sliding on specially constructed sleds was practiced only in Hawaii and New Zealand,” wrote historian Kenneth Emory. “The Maori sled, however, was quite different from the Hawaiian… One of the Hawaiian sleds, to be seen in [the] Bishop Museum, is the only complete ancient sled in existence.”

“The narrowness and the convergence of the runners toward the front should be noticed. Coasting on these sleds was a pastime confined to the chiefs and chieftesses.”

The Reverend Hiram Bingham provides a descriptive account of this sport: “In the presence of the multitude, the player takes in both hands, his long, very narrow and light built sled, made for this purpose alone, the curved ends of the runners being upward and forward, as he holds it, to begin the race.”

“Standing erect, at first, a little back from the head of the prepared slippery path, he runs a few rods to it, to acquire the greatest momentum, carrying his sled, then pitches himself, head foremost, down the declivity, dexterously throwing his body, full length, upon his vehicle, as on a surf board.”

“The sled, keeping its rail or grassway, courses with velocity down the steep, and passes off into the plain, bearing its proud, but prone and headlong rider, who scarcely values his neck more than the prize at stake.” (Bingham)

The Ahole Hōlua consists of a steeply sloping sliding ramp (about 200-feet long) and runway (75-feet long – high on the eastern or top end of the slide.)

An alignment of water-worn stones and a rise in height of approximately 1-foot marks the beginning of the slide itself. Aside from these water-worn stones, the rest of the slide surface and facing is constructed with aa stones of varying size.

The height of the slide varies to make a smooth steep slope. The first meter or so from the top is fairly flat; the next 100-feet are steeply sloping, at least 1:3. The next 50-feet form a very steep slope 5′:11′. The last 65-feet are again flat and the surfaces change to ‘ili‘ili and coral with only in small amounts of aa strewn about.

On the aa bluff to the north of the hōlua are large numbers of what appear to be the gallery terraces and platforms, walls, stepping stone trails, shelters and walled enclosures.

These are situated in such a manner as to present a good view of the slide and it is not improbable that these features were used for just that function.

The surface of the entire area between these features is covered with the ‘popcorn and peanuts’ of the day – opihi, cowrie, pipipi and conus together with kukui nut shells, animal bone and coconut fragments. (NPS)

This is one of the best preserved hōlua on Hawai‘i Island, arid within the entire state. Interesting and significant here is the presence of a number of platforms constructed of stone that are located alongside the hōlua. These were undoubtedly for the spectators who watched the sport.

A hōlua of this magnitude and elegance indicates the complexity of ancient Hawaiian culture wherein large labor forces could be marshalled to produce a luxury structure dedicated to a recreational use by the higher ranking Hawaiians.

The creation of a proper slide, with its required slope (much like that of a western ski jump), flatness of top, and proper length to ensure both sled speed and a deacceleration area, are indicative of the highly developed skills of the ancient Hawaiians in stonework engineering. (NPS)

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Ahole_Holua-NPS

Ahole_Holua-layout-NPS

Ahole_Holua-elevation-NPS

Ahole_Holua-(brian_powers-hawaiianimages-net)

Holua_Sled-(BishopMuseum)

Detail_of_Holua_Sled-(National Library of Medicine (NLM))

Holua_at_Keauhou_Shopping_Village-(KeauhouResort)

Holua_Slide-(HerbKane)

Riding_A_Holua_Sled-TomPohaku-(National Library of Medicine (NLM))

September 26, 2017 by Peter T Young Leave a Comment

Water Rights

The Hawaiian word for ʻlaw’ or ʻrule’ is kānāwai – it is interesting to note that the literal translation of kānāwai is ʻrelating to water.’ Traditional Hawaiian law initially developed around the management and use of water. (Sproat)

Emma Metcalf Beckley Nakuina, Commissioner of Private Ways and Water Rights, wrote an article “Ancient Hawaiian Water Rights and Some Customs Pertaining to Them” published in 1893 in Thrum’s Hawaiian Annual. The following are portions of that article.

Water rights were primarily for lo‘i (pondfields,) that is, for kalo (taro) culture; potato patches, bananas or sugar cane had no recognized claim on a water right in the rotation.

The cultivation of these, regarded as dry land crops, were invariably during the rainy season except in the Ko‘olau or wet districts. Sugar cane and bananas were almost always planted on lo‘i banks (kuauna) so as to ensure a sufficiency of moisture from the seepage or ooze between them.

Each ‘auwai (water courses) had a proper name and was generally called after either the land, or chief of the land that had furnished the most men, or had mainly been instrumental in the inception, planning and carrying out the work.

All ‘auwai tapping the main stream were done under the authority of the Konohiki of an ahupua‘a, ‘ili or ku. In some instances, the Konohiki of two or three independent lands united in the work of ‘auwai making.

‘Auwai were generally dug from makai (seaward or below) upwards. The different ahupua‘a, ‘ili or ku taking part in the work furnished men according to the number of cultivators on each land.

The dams were always a low loose wall of stones with a few clods here and there, high enough to raise water sufficiently to flow into the ‘auwai. No ‘auwai was permitted to take more water than continued to flow in the stream below the dam.

The general distribution of the quantity of water each independent land was entitled to was in proportion to the quota of hands furnished by each land, but subject to regulations as to distance from source of supply. (There was no limit to the number of laborers any land might furnish.)

The konohiki of the land controlling the most water rights in a given ‘auwai was invariably its luna. He controlled and gave the proportion of water to each mo‘o‘āina (kuleana) or single holding of the common people cultivating on that land.

In ancient times the holders of a water right were required whenever it became their turn in the water rotation or division to go up with the luna wai (superintendent) to the water head or dam to see that it was in proper condition …

… follow down the ‘auwai from there, removing all obstructions which may have fallen in or had been carried down by the water during the night from the kahawai or mountain stream …

… shut off all branch ‘auwai or runlets from the main ‘auwai, except those conducting water to lo‘i entitled to water at the same time, the luna wai – who should be with him during all this time – making the necessary division by means of a clod, stone or both; the water holder continuing to follow the water until it entered his lo‘i and the koele in his charge.

Bordering on the upper portions of most ‘auwai were small lo‘i limited in size and number, generally on a hillside, or on the borders of a gulch.

These lo‘i were generally awarded kulu or drops; that is, they were entitled to continual driblets of water, and no one having a water share may turn the water entirely away from them unless, in times of scarcity, it should be seen that these lo‘i were full to overflowing.

It was a strictly enforced custom, that should any water right holder neglect to go, or furnish a substitute at the periodical ‘auwai cleanings, repairs of dam, etc., water would be withheld from the land of the absentee until such time as he should see fit to resume work for the benefit of what might be termed the shareholders of that ‘auwai .

It sometimes occurred that a land originally entitled only to a small portion of water, but afterwards held or presided over by an industrious, energetic man; whose popularity attracted many to live under him, would be accorded an increased supply in consequence of his promptly furnishing as many or more hands than some land entitled to more water than his.

After this had continued some time, the water-luna would recognized the justice of an increased supply for his land, and would either take a portion of water from any land failing in its due quota of hands, or as was more frequently done, simply adding a day, night, or both to the rotation; letting his land have the added time.

Anyone in the olden times caught breaking a dam built in accordance with the Hawaiian’s idea of justice and equity, would be slain by the share holders of that dam, and his body put in the breach he had made, as a temporary stopgap, thus serving as a warning to others who might be inclined to act similarly.

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Taro patches near Lihue, Kauai-Mitchell-BishopMuseum-ca. 1886.

Lo‘i at Honokōhau, Maui, Huli planted in lines-(BishopMuseum)-1940

Waipio_Valley-Taro_Loi-(DMYoung)

Waikane_Loi_Kalo-BM-1940

Taro Lo’i Agriculture in Mānoa Valley-(UH_Heritage)-ca_1890

Punaluu_Oahu-Loi_Kalo-BM-1924

Loi-aep-his151

Kakaako-Prior to the 20th century Ward Village was primarily fish ponds, salt pans and taro lo‘i-(avisionforward)

Heeia Taro – 1930

Hawaiians_in_the_field,_photograph_by_Frederick_George_Eyton-Walker,_c._1890

Keanae-taro-(WC_Forest & Kim Starr)

Punaluu auwai and loi-KSBE

One of the largest taro growing areas in the Hawaiian Islands is the Lower Hanalei Valley-(WC)

September 19, 2017 by Peter T Young Leave a Comment

Twins – Neighbors

For their services, Kamehameha appointed Keʻeaumoku, Keaweaheulu, Kameʻeiamoku and Kamanawa (the four Kona Uncles) to be his secret advisors (hoa kuka malu) and counselors (hoaʻahaʻolelo) in ruling the islands. They alone were consulted about what would be for the good or the ill of the country. (Kamakau)

The latter two of the four (Kameʻeiamoku and Kamanawa) were twins, often referred to as the Royal Twins; they are depicted on the Hawaiian Coat of Arms.

The men are “clad in the ancient feather cloak and helmet of the Islands, the one bearing a kahili (Kame‘eiamoku on the right) and the other a spear (Kamanawa on the left) as in the processions of former times.”

Their father was Chief Keawepoepoe and mother was Kanoena (Keawepoepoe’s sister.) Because their parents were high ranking siblings, Kameʻeiamoku and Kamanawa were known as nīʻaupiʻo, the offspring of a royal brother and sister.

However, Kamakau also notes that the twin chiefs as the “children of Kekaulike,” one of the ruling chiefs of Maui. (The term ‘children’ may refers to a generational difference between Kekaulike and the twin chiefs, rather than meaning that they were his direct offspring.) (Kelly)

It was the custom in Hawai‘i during the 18th and 19th centuries to have young chiefs be hanai (adopted) by and grow up under the protection of an important relative, sometimes even one who lived on another island.

Kamanawa and Kame‘eiamoku were sent to live with their uncle during their childhood years. This uncle was Kalani‘ōpu‘u, the high chief of the Island of Hawai‘i in 1779, when Captain Cook arrived at Kealakekua Bay in Kona, Hawai‘i.

Kamehameha was also raised in the court of Kalani‘ōpu‘u, along with two of the sons of Kalani‘ōpu‘u, Kīwala‘ō and Keōua.

The twins were later neighbors.

Kamanawa is reported to have been living at Kiholo at the time of the death of Kalani‘ōpu‘u in 1782, and Kame‘eiamoku at Ka‘upulehu (originally Ka‘ulu-pulehu, the roasted breadfruit), the adjacent ahupua‘a to the south of Pu‘uwa‘awa‘a. (Kelly)

When Kalani‘ōpu‘u died, his son, Kiwala‘ō was declared his heir. Kamanawa and Kame‘eiamoku expressed their opposition to Kiwala‘ō and to his plan to bring the district of Kona under the domination of the Puna and Ka‘u chiefs.

The Kona-Kohala coast had more favorable harbors for the visits of western-sailing ships than the windward (Hilo-Puna-Ka‘u) coast. Because of this, the Kona-Kohala chiefs had greater access to trade items from the foreign ships than the windward chiefs.

Keʻeaumoku “was the most noted of all the warriors of Kamehameha I, and by his personal prowess placed that eminent man on the throne of Hawaii …”

“… first by slaying with his own hand his great antagonist Kiwalaʻo, and subsequently Keōua, the only remaining enemy on that island.” (Jarves; The Friend)

Ke‘eaumoku was the father of Ka‘ahumanu, who became a wife of Kamehameha and was a very powerful woman in her own right. Her mother was Nāmāhāna, who was the daughter of Kekaulike, high chief of Maui. (Kamakau)

Keaweaheulu was at Kaʻawaloa at the time of Cook’s death; he assisted Kamehameha in his battles with Kiwalaʻō and Keōua; he was at Molokai when Kalola died and her granddaughter, Keōpūolani (Queen mother to Liholiho and Kauikeaouli,) was given to Kamehameha. Keaweaheulu was maternal great-grandfather of King Kalākaua and Queen Liliʻuokalani.

The lives of the twin chiefs of Kekaha, Kamanawa of Kiholo, and Kame‘eiamoku of Ka‘upulehu, are closely bound with the history of the Hawaiian Islands during the period of the rise of Kamehameha I, as the ali‘i nui (high chief) of the Islands.

Presumably, whoever had control over the leeward ports of the Island of Hawai‘i would play an important part in the history of the Islands during this early historical period.

As it was, that role fell to Kamehameha, Kamanawa, Kame‘eiamoku, Ke‘eaumoku, and a few others who were anxious to further their own interests. (Kelly) (Artwork by Brook Parker.)

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Kameeiamoku & Kamanawa-BrookParker