Great Mahele | Images of Old Hawaiʻi

May 27, 2026 by Peter T Young 1 Comment

Claims to the Crown Lands

Under King Kamehameha III, the most important event in the reformation of the land system in Hawai‘i was the separation of the rights of the King, the Chiefs, the Konohiki (land agents) and makaʻāinana (the native tenants.)

More than 240 of the highest ranking Chiefs and Konohiki in the Kingdom joined Kamehameha III in this task (generally referred to as the Great Māhele.) The first māhele, or division, of lands was signed on January 27, 1848; the last māhele was signed on March 7, 1848.

Each māhele was in effect a quitclaim agreement; in each māhele for lands for the King, the Chief or the Konohiki signed an agreement: “I hereby agree that this division is good. The lands above written are for the King. I have no more rights therein.”

The King retained all of his private lands as his individual property; one third of the remaining land was to be for the Hawaiian Government; one third for the Chiefs and Konohiki; and one third to be set aside for the tenants, the actual possessors and cultivators of the soil.

The high Chiefs and the lesser Konohiki were required to present their claims before the Land Commission to receive awards for the lands. Until an award for these lands was issued by the Land Commission, title to such lands remained with the government.

In the Māhele, of the approximate 10,000 awards, around 1,000,000-acres were reserved by King Kamehameha III as “Crown” lands, 1,500,000-acres were given by the King (as “Government” lands) to the ‘government and people’, approximately 1,500,000-acres were set aside for the Chiefs (as “Konohiki” lands) and less than 30,000-acres of land were awarded to the native tenants (Kuleana lands.)

Kamehameha III divided the lands he reserved for himself into two separate parts; the smaller portion he retained for his personal use (“Crown” lands); the larger portion he gave ‘to the Chiefs and people’ (“Government” lands.)

On June 7, 1848, Kamehameha III approved a Law, passed at the Council House, that listed respective ahupua‘a and ili that were “the private lands of His Majesty Kamehameha III … and said lands shall be regulated and disposed according to his royal will and pleasure subject to the rights of native tenants.”

Another long list of ahupua‘a and ili were noted as “the lands of the Hawaiian Government.” A shorter list of O‘ahu lands were “set apart for the use of the Fort in Honolulu, to be cultivated by soldiers and other tenants under the direction of the Governor of O‘ahu”. (An Act Relating to the Lands of His Majesty the King and the Government, 1848)

For a while, the ‘Crown’ lands were viewed and handled “to be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs and successors forever”. (An Act To Relieve The Royal Domain From Encumbrances, And To Render The Same Inalienable, 1865)

Kamehameha IV administered his land in much the same way as his uncle (as if it was his own private property.) In dispositions, Queen Emma joined him, waiving her right of dower in such lands.

Queen Emma was the first to make a claim to the Crown Lands as private property, with the death of Kamehameha IV.

She “claimed that all the property possessed by her late royal husband was his private property” and made claim of dower to one-half of the Crown Lands in the royal domain; the Attorney General opposed her claim, noting they constituted “a Royal Domain annexed to the Hawaiian Crown”.

Kamehameha V responded that he, as “hereditary successor to the throne, shall inherit the entire estate, both real and personal derived from his Majesty Kamehameha III, at his decease, and held by Kamehameha IV, the King lately deceased.”

The Hawai‘i Supreme Court, in deciding the Estate of Kamehameha IV noted, “In 1840 (Kamehameha III) granted the first Constitution by which he declared and established the equality before the law of all his subjects, chiefs, and people alike.”

“By that Constitution, he voluntarily divested himself of some of his powers and attributes as an absolute Ruler, and conferred certain political rights upon his subjects, admitting them to a share with himself in legislation and government. This was the beginning of a government as contradistinguished from the person of the King …”

“… who was thenceforth to be regarded rather as the executive chief and political head of the nation than its absolute governor. Certain kinds of public property began to be recognized as Government property, and not as the King’s.”

The Court noted, “These lands are to be in the perpetual keeping of the Legislative Council (Nobles and Representatives) or in that of the superintendents of said lands, appointed by them from time to time, and shall be regulated, leased, or sold, in accordance with the will of said Nobles and Representatives, for the good of the Hawaiian Government, and to promote the dignity of the Hawaiian Crown.”

The Court found, “while it was clearly the intention of Kamehameha III to protect the lands which he reserved to himself out of the domain which had been acquired by his family through the prowess and skill of his father, the conqueror, from the danger of being treated as public domain or Government property …”

“… it was also his intention to provide that those lands should descend to his heirs and successors, the future wearers of the crown which the conquerer had won; and we understand the act of 7th June, 1848, as having secured both those objects.” (Supreme Court Decision in the Matter of the Estate of Kamehameha IV, 1864)

The Crown Land stayed with the government and dower was acknowledged with Queen Emma, however there was a “settlement of a permanent annuity upon Queen Emma in lieu of her claim of dower in the royal domain.” (Alexander)

This litigation led to legislation which affirmed the decision of the court; on January 3, 1865, Kamehameha V approved an Act of the Legislative Assembly that initially noted …

“the history of said lands shows that they were vested in the King for the purpose of maintaining the Royal State and Dignity; and it is therefore disadvantageous to the public interest that the said lands should be alienated, or the said Royal Domain diminished.”

That 1865 law noted the Crown Lands “shall be henceforth inalienable, and shall descend to the heirs and successors of the Hawaiian Crown forever”.

The Act also noted that, “during the two late reigns, the said Royal Domain has been greatly diminished, and is now charged with mortgages to secure considerable sums of money” – the Law converted the mortgages to bonds. (An Act To Relieve The Royal Domain From Encumbrances, And To Render The Same Inalienable, 1865)

On the death of Kamehameha V, his half-sister, Ruth Keʻelikōlani, inherited his private lands, but the Crown Lands were held by the commissioners for the benefit of his successors.

Later (September 13, 1880,) Claus Spreckels purchased from Ruth Keʻelikōlani all her interest or claim in and to the Crown Lands. Rather than taking the issue to court, a compromise and an act was carried through the Legislature of 1882, where Spreckels received the ahupua‘a of Wailuku with ili and quitclaimed any interest in other Crown Lands. (Alexander)

Queen Lili‘uokalani made a claim to Crown Lands as her personal property. Noting, “Her cause of action is predicated upon an alleged ‘vested equitable life interest’ to certain lands described in the petition, known as ‘crown lands,’ of which interest she was divested by the defendants.”

However, the US Court of Claims noted, “It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country.”

The Court concluded, “The crown lands were the resourceful methods of income to sustain, in part at least, the dignity of the office to which they were inseparably attached. When the office ceased to exist they became as other lands of the Sovereignty and passed to the defendants as part and parcel of the public domain.”

“Since 1865, so far as the record before us discloses, the character of the crown lands has not been changed; they have passed to the succeeding monarch. The income, less expense of management, has been used to support the royal office and treated as belonging to the Crown. All other property of the King has uniformly passed to his heirs regardless of his royal successor.”

The Court further noted, “The constitution of the Republic of Hawai‘i, as respects the crown lands, provided as follows: ‘That portion of the public domain heretofore known as crown land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government …” (Lili‘uokalani v The United States, 1910)

Today, abstracting (researching title) government lands is fundamentally different from abstracting private lands. For private lands, owners have a deed that evidences ownership and a title company can trace the ‘chain of title’ at the Bureau of Conveyances by researching the transfers of the land from owner to owner via legal documents.

Instead of a deed or other legal document, the State owns the majority of former crown and government land through passage of laws. Public land title is passed by ‘operation of law.’

Today, there is no paper title for the majority of public lands, i.e., there is no deed showing the State owns it. There is no ‘chain of title’ for the majority of former Crown and Government Lands, since the lands were never conveyed out of the government.

We now generally refer to the Crown and Government Lands as ‘ceded’ lands. Under the Admission Act, about 1.2-million acres are to “be held by (the) State as a public trust” to promote one or more of five purposes:
1. support of the public schools and other public educational institutions
2. betterment of the conditions of native Hawaiians (per the Hawaiian Homes Act, 1920)
3. development of farm and home ownership on as widespread a basis as possible
4. making of public improvements
5. provision of lands for public use

As noted in the earlier discussion of Crown and Government Lands above, these lands, though under the control of changing sovereigns and governments (Kingdom to Provisional Government to Republic to Territory to State,) were in and continue to remain in the ‘public domain’ for the public good.

March 17, 2025 by Peter T Young 2 Comments

Saint Patrick’s Day

Saint Patrick was a 5th-century Romano-British Christian missionary and bishop in Ireland. Known as the “Apostle of Ireland”, he is the primary patron saint of the island.

Legend credits St. Patrick with teaching the Irish about the doctrine of the Holy Trinity by showing people the shamrock, a three-leafed plant, using it to illustrate the Christian teaching of three persons (the Father, the Son (Jesus) and the Holy Spirit) in one God. (Shamrocks are a central symbol for St Patrick’s Day.) St Patrick is also credited with ridding Ireland of snakes, chasing them into the sea.

St. Patrick features in many stories in the Irish oral tradition and there are many customs connected with his feast day. March 17, popularly known as St. Patrick’s Day, is believed to be his death date and is the date celebrated as his feast day.

St. Patrick has never been formally canonized by a Pope; nevertheless, various Christian churches declare that he is a Saint in Heaven (he is included in the List of Saints.)

So, today, we celebrate the death of St Patrick; we also celebrate the “birth” of Kauikeaouli.

On the night of his birth, the chiefs gathered about the mother. Early in the morning the child was born but as it appeared to be stillborn.

Then came Kaikioʻewa from some miles away, close to Kuamoʻo, and brought with him his prophet (Kamaloʻihi or Kapihe) who said, “The child will not die, he will live.”

The child was well cleaned and laid upon a consecrated place and the seer (kaula) took a fan (peʻahi), fanned the child, prayed, and sprinkled him with water, at the same time reciting a prayer.

The child began to move, then to make sounds and at last he came to life. The seer gave the boy the name of “The red trail” (Keaweaweʻula) signifying the roadway by which the god descends from the heavens. The name Kauikeaouli means “placed in the dark clouds.”

Kauikeaouli was the second son of Keōpūolani by Kamehameha, and she called him Kīwalaʻo after her own father. She was the daughter of Kiwalaʻo and Kekuʻiapoiwa Liliha, both children of Kalola and hence Keōpūolani was a niʻaupiʻo and a naha chiefess, and the niʻaupiʻo rank descended to her children and could not be lost by them. (Kamakau)

Kauikeaouli was only nine years old when his older brother Liholiho sailed to England; Liholiho died on that trip, leaving Kauikeaouli successor to the rule over Hawaiʻi. As he was then too young to assume command, affairs were administered by his guardians, Kaʻahumanu and Kalanimōku, and the other chiefs under them.

We more commonly reference Kauikeaouli as Kamehameha III. He was the longest reigning Hawaiian monarch, serving 29-years, from 1825 to 1854.

There is scarcely in history, ancient or modem, any King to whom so many public reforms and benefits can be ascribed, as the achievements of his reign. Yet what King has had to contend with so many difficulties as King Kamehameha III? (The Polynesian, 1855)

“That the existence of the King, chiefs and the natives, can only be preserved by having a government efficient for the administration of enlightened justice, both to natives and the subjects of foreign powers residing in the islands, and that chiefly through missionary efforts the natives have made such progress in education and knowledge, as to justify the belief that by further training, they may be rendered capable of conducting efficiently the affairs of government; but that they are not at present so far advanced.” (Kamehameha IV, in Obituary to his hānai father)

In private life, Kamehameha III was mild, kind, affable, generous and forgiving. He was never more happy than when free from the cares and trappings of state. He could enjoy himself sociably with his friends, who were much attached to him. (The Polynesian, 1855)

Having associated much, while a boy, with foreigners, he continued to the last to be fond of their company. Without his personal influence, the law to allow them to hold lands in fee simple could never have been enacted. (The Polynesian, 1855)

It is hardly possible to conceive any King more generally beloved than was Kamehameha III; more universally obeyed, or more completely sovereign in the essential respect of independent sovereignty, that of governing his subjects free from any influence or control coming from beyond the limits of his own jurisdiction. (The Polynesian, 1855)

Under his leadership, Hawaiʻi changed from an isolated island kingdom to a recognized member of the modem world. Many of the things he did as king still influence life in Hawaiʻi today. (Kamehameha Schools Press)

The following are only some of the many accomplishments of Kamehameha III (Kauikeaouli:)

On June 6, 1825, Kauikeaouli was proclaimed king of Hawaiʻi. To the people he said, “Where are you, chiefs, guardians, commoners? I greet you. Hear what I say! My kingdom I give to God. The righteous chief shall be my chief, the children of the commoners who do you right shall be my people, my kingdom shall be one of letters.” (Kamakau – Kamehameha Schools Press)
June 7, 1839, he signed the Declaration of Rights (called Hawai‘i’s Magna Charta) that, in part, noted, “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.”
June 17, 1839 he issued the Edict of Toleration permitting religious freedom for Catholics in the same way as it had been granted to the Protestants.
June 28, 1839 he founded Chief’s Children’s School (The Royal School;) the main goal of this school was to groom the next generation of the highest ranking chiefs’ children of the realm and secure their positions for Hawaiʻi’s Kingdom. (He selected missionaries Amos and Juliette Cooke to teach the 16 royal children and run the school.)
October 8, 1840 (the King was about 27-years-old) he enacted the Constitution of 1840 that, in part, changed the government from one of an absolute monarchy to a constitutional monarchy. It provided for a separation of powers between three branches of government, with executive power in the hands of the king, the kuhina nui (similar to a prime minister) and four governors; a bicameral legislative body consisting of a house of nobles and a house of representatives, with the house of representatives elected by the people; and a judiciary system, including a supreme court.
April 27, 1846 he declared that “the forests and timber growing therein shall be considered government property, and under the special care of the Minister of the Interior …;” effectively starting the process of protecting our mauka watersheds.
January 27, 1848 through March 7, 1848 he participated in what we refer to as the “Great Māhele” that was a reformation of the land system in Hawaiʻi and allowed private ownership.
June 14, 1852 he enacted the Constitution of 1852 that expanded on the Declaration of Rights, granted universal (adult male) voting rights for the first time and changed the House of Nobles from a hereditary body to one where members served by appointment by the King. It also institutionalized the three branches of government and defined powers along the lines of the American Constitution.
Toward the end of Kauikeaouli’s reign there were 423-schools in Hawaiʻi with an enrollment of over twelve-thousand-students. Most of the schools were elementary schools using Hawaiian as the language of instruction.

Kauikeaouli (Kamehameha III) died December 15, 1854 (at the age of 41.)

Kauikeaouli’s exact birth date is not known; however, the generally accepted date is August 11, 1813. Never-the-less, Kauikeaouli was apparently an admirer of Saint Patrick and chose to celebrate his birthday on March 17. Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.

Kamehameha_III,_retouched_photo_by_J._J._Williams_(PP-97-7-011)-ca_1850

Keōpūolani-(1778–1823)mother Kamehameha II, Kamehameha III-1790

Kamehameha_Dynasty_Tomb_-_Royal_Mausoleum,_Honolulu,_HI

December 21, 2024 by Peter T Young Leave a Comment

“Ua Koe Ke Kuleana O Na Kanaka”

The Hawaiian Islands cover a land area of over 4.1-million acres (Niʻihau – 44,500-acres; Kauaʻi – 360,000-acres; Oʻahu – 382,000-acres; Molokai – 166,000-acres; Lānaʻi – 89,600-acres; Maui – 465,000-acres; Kahoʻolawe – 28,000-acres and Hawaiʻi Island – 2.6-million acres.)

In pre-western contact Hawai‘i, all ‘āina (land), kai lawaiʻa (fisheries) and natural resources extending from the mountain tops to the depths of the ocean were held in “trust” by the high chiefs (mō‘ī, aliʻi ʻai moku, or aliʻi ʻai ahupua‘a).

The right to use of the lands, fisheries and the resources was given to the hoaʻāina (native tenants) at the prerogative of the aliʻi and their representatives or land agents (often referred to as konohiki or haku ‘āina). (Maly)

“Land was given to the people by the chiefs. Should members of the family go elsewhere, the one who dwelled on the land was considered the owner. A returning family member was always welcome, but the one who tilled the soil was recognized as holding the ownership”. (Pukui; Maly)

“The right, by which a man may claim fish caught by others in the sea, may, indeed, be questioned by those enlightened in the principles of jurisprudence; but the chiefs of the Sandwich Island, make no questions on the subject. They lay equal claim to the sea and land, as their property.”

“The sea is divided into different portions; and those who own a tract of land on the sea shore, own also the sea that fronts it. The common rule observed by the chiefs is, to give about one half of the fish to the fishermen, and take the other half to themselves.” (Richards, Missionary Herald, June 1826)

On December 10, 1845, Kamehameha III signed into law, a joint resolution establishing and outlining the responsibilities of the Board of Commissioners to Quiet Land Titles, setting in motion the Māhele (division of lands between the king and his subjects.)

The Māhele defined the land interests of King Kamehameha III, 252-high-ranking Chiefs and Konohiki (including several foreigners who had been befriended by members of the Kamehameha line), and the Government.

As a result of the Māhele, all lands in the Islands (and associated fisheries) fell into one of three categories: (1) Crown Lands (for the occupant of the throne); (2) Government Lands; and (3) Konohiki Lands. Each was subject to “ua koe ke kuleana o na kanaka” (“reserving the rights of native tenants”.) (Waihona)

The “Kuleana Act” of the Māhele defined the frame-work by which hoaʻāina (native tenants – also makaʻāinana, commoner) could apply for, and be granted fee-simple interest in “Kuleana” lands.

The Kuleana Act, passed by the King and Privy Council on the December 21, 1849, is the foundation of law pertaining to native tenant rights. It reconfirmed the rights of hoaʻāina to: access, subsistence and collection of resources from mountains to the sea, which were necessary to sustain life within their given ahupua‘a.

The law directed the King to appoint (through the minister of the interior and upon consultation with the privy council) “five commissioners, one of whom shall be the attorney general of (the) kingdom, to be a board for the investigation and final ascertainment or rejection of all claims of private individuals, whether natives or foreigners, to any landed property acquired (through) the passage of this act; the awards of which board, unless appealed from as hereinafter allowed, (are) binding upon the minister of the interior and upon the applicant.”

In addition, “the Board appointed a number of Sub-Commissioners in various parts of the kingdom, chiefly gentlemen connected with the American Mission, who from their intelligence, knowledge of the Hawaiian language, and well-known desire to forward any work which they believed to be for the good of the people, were better calculated than any other class of men on the islands to be useful auxiliaries to the Board at Honolulu.” (Robertson, Commissioners to Quiet Land Titles)

“The titles of all lands claimed of the Hawaiian government … upon being confirmed as aforesaid, in whole or in part by the board of commissioners, shall be deemed to be forever settled, as awarded by said board, unless appeal be taken to the supreme court, as already prescribed.”

The Māhele gave the hoaʻāina an opportunity to acquire a fee-simple property interest (lands awarded to the hoaʻāina became known as “Kuleana Lands”) in land on which they lived and actively cultivated, but the process required them to provide personal testimonies regarding their residency and land use practices.

Unlike the Māhele awards (which required payment of commutation, either in land or in cash equal to one-third of the unimproved value of the land at the time of the Māhele) kuleana lands granted “fee simple titles, free of commutation … to all native tenants, who occupy and improve any portion of any Government land, for the land they so occupy and improve, and whose claims to said lands shall be recognized as genuine by the Land Commission”.

“In granting to the people, their house lots in fee simple, such as are separate and distinct from their cultivated lands, the amount of land in each of said House lots shall not exceed one quarter of an acre.”

“In granting to the people their cultivated grounds, or Kalo lands, they shall only be entitled to what they have really cultivated, and which lie in the form of cultivated lands; and not such as the people may have cultivated in different spots, with the seeming intention of enlarging their lots; nor shall they be entitled to the waste lands.” (Privy Council Minutes, December 21, 1849; Punawaiola)

Often, the kuleana included several apana (pieces.) These typically included the site where the house was located, various loʻi kalo and other areas of cultivation.

The hoaʻāina/makaʻāinana had to follow certain steps before they could own their land. First, they had to have their kuleana surveyed, or measured for size and boundaries. Then they had to present their claims to the Land Commission, showing that they had a right to those kuleana.

Of the 29,221 adult males in Hawaii in 1850 eligible to make land claims, the total number of claims amounted to 13,514, of which 209 belonged to foreigners and their descendants. The original papers, as they were received at the office, were numbered and copied into the Registers of the Commission. (Maly)

The whole number of Awards finalized by the Board up to its dissolution is 9,337, leaving an apparent balance of claims not awarded of about 4,200 (some were duplicates, some had been rejected as bad, some were not pursued by the parties.)

The kuleana awards account for a combined 28,600 acres of land – less than one percent of the Kingdom’s lands. (Lots of information here from Maly.) The image shows a representation of a family’s kuleana.

January 25, 2023 by Peter T Young 2 Comments

The Great Māhele

At the time of Captain Cook’s contact with the Hawaiian Islands the land was divided into several independent Kingdoms. By right of conquest, each King was owner of all the lands within his jurisdiction.

After selecting lands for himself, the King allotted the remaining to the warrior Chiefs who rendered assistance in his conquest. These warrior Chiefs, after retaining a portion for themselves, reallotted the remaining lands to their followers and supporters.

The distribution of lands was all on a revocable basis. What the superior gave, he was able to take away at his pleasure. This ancient tenure was in nature feudal, although the tenants were not serfs tied to the soil – they were allowed to move freely from the land of one Chief to that of another.

Under King Kamehameha III, the most important event in the reformation of the land system in Hawaii was the separation of the rights of the King, the Chiefs and the Konohiki (land agents.)

More than 240 of the highest ranking Chiefs and Konohiki in the Kingdom joined Kamehameha III in this task. The first māhele, or division, of lands was signed on January 27, 1848; the last māhele was signed on March 7, 1848 (164-years ago, today.)

Each māhele was in effect a quitclaim agreement between the King and a Chief or Konohiki with reference to the lands in which they both claimed interests.

In each māhele for lands for the King, the Chief or the Konohiki signed an agreement: “I hereby agree that this division is good. The lands above written are for the King. I have no more rights therein.”

The remaining lands were set aside for the Chief or Konohiki and the King signed an agreement: “I hereby agree that this division is good. The lands above written are for (name of Chief or Konohiki); consent is given to take it before the Board of Commissioners to Quiet Land Titles.”

The Great Māhele itself did not convey title to land.

Even after receiving a Land Commission Award, the recipient did not acquire a free and clear title. He was still required to pay commutation to the government, in cash or by surrender of equally valuable lands (set at one third of the value of the unimproved land.)

The lands identified and separated in 1848 as Crown lands, Government lands and Konohiki lands were all “subject to the rights of native tenants” on their respective kuleana.

The Land Commission was authorized to award fee simple titles to native tenants who occupied and improved the land (and proved they actually cultivated those lands for a living.)

In the Great Māhele of 1848, of the approximate 10,000 awards, around 1,000,000-acres were reserved by King Kamehameha III as “Crown” lands, 1,500,000-acres were given by the King (as “Government” lands) to the ‘government and people’, approximately 1,500,000-acres were set aside for the Chiefs (as “Konohiki” lands) and less than 30,000-acres of land were awarded to the native tenants (Kuleana lands.)

The awarding of these completed the māhele of the lands into the Crown lands, Government lands, Konohiki lands and Kuleana lands and brought to an end the ancient system of land tenure in the Hawaiian Kingdom.

October 12, 2022 by Peter T Young Leave a Comment

Land Act of 1895

“From the time of the great division of 1848 to the present time the policy of the leasing lands for a term of years has been pursued, both in the case of the Government lands and of the Crown lands controlled by the commissioners for the same.”

“In 1876 the first law requiring sale of Government leases to be made at auction was enacted, but such law did not apply to the Crown lands, which were not put under this regulation until the passage of the land act of 1895.”

“Under the lease policy lands were freely leased both by the Government and by the Crown commissioners in large areas and for long terms…”

“… but in 1891 the Government, while continuing the policy of leasing land, improved upon former methods by reserving to itself the right to take up any portion of the leased land suitable for settlement, which reservation proved later of much value.”

“This policy was continued after the passage of the land act of 1895, but with stricter regard to amounts leased, terms of lease, and reservations necessary for public interest.” (USDA, Stubbs, 1901)

“The first homestead act to acquire small holdings was passed in 1884. It was amended several times, but remained in force until the passage of the land act of 1895.”

“It gave the privilege of acquiring lots not over 20 acres in extent, payable in ten years, and requiring the erection of a dwelling and a residence of three years on the land.”

“A substitute might reside on land with the consent of the minister of the interior, as amended in 1892. Under these homestead laws 527 persons took up 8,490.81 acres … of which patents have been granted to 377 persons for 5,820.76 acres … leaving the remainder yet to be patented.”

“Under the amendment ‘without residence’ there have been taken up 3,552.84 acres … of which 2,942.44 acres …have been patented.”

“The results of these homestead laws were beneficial in placing homes, which have been greatly improved, into the possession of numerous families of moderate means. They did not, however, meet all of the requirements, hence these laws were supplanted by the land act of 1895.” (USDA, Stubbs, 1901)

“The idea of the legislature in creating these leases was clearly to encourage settlement and residence upon the lands of the government. It was not for the purpose of allowing persons to obtain farming lands at easy rates, but for the purpose of creating small farm homesteads where the parties would engage in farming and agricultural pursuits and increase the number of thrifty citizens in the Territory.”

“If a settler prefers to take one of these leases, he must expect to live up to the terms of same as laid down in his lease, and any man who can read and write, can understand the conditions therein set forth.” (Hilo Tribune, September 27, 1904)

“In 1895, the Provisional Government of the Republic of Hawaii, passed the Land Act (Act of August 14, 1895, Act 26, [1895] Hawaii Laws Spec. Sess. 49-83). In this act, three types of homestead agreements were defined: (1) the Homestead lease; (2) the Right of Purchase Lease; and (3) the Cash Freehold Agreement.”

“The Homestead Lease was for a term of 999 years, and was issued after the applicants complied with terms and conditions of a Certificate of Occupation. “

“The Right of Purchase Lease was a lease for 21 years with the right of purchase at anytime after the end of the third year of full compliance with the stipulated conditions of residence, cultivation, fencing, payment of taxes, and payment of the purchase price.”

“The Cash Freehold Agreement was an agreement of sale in which the purchaser paid 25% of the purchase price in down payments, and 25% on the remainder for the next three years.”

“The Land Act of 1895 specifically noted that ‘The lessee shall from the end of the first year of said term to the end of the fifth year thereof continuously maintain his home on such premises.’” (Kumu Pono)

“To promote the settlement and improvement of the remaining Government land, under conditions favorable to the settler, but not to simulators, and to meet the needs of different classes desiring lands, the land act of 1895 was enacted as being specially adapted to the requirements of the case.”

“An important feature of this fact was the general requirement of cultivation and improvement of lands taken up, as well as residence thereon for a term of years.”

“There was authority, however, under the act for the sale of lands at auction under special conditions, as to payments for same and cultivation without residence, to meet the cases of persons who desired to improve and cultivate land, but having occupations elsewhere were unable to live on the same.”

Methods of acquiring land included: “General qualifications required of applicants.—Must be over 18 years of age, be a citizen by birth or naturalization, or have letters of denization, be under no civil disability nor delinquent in payment of taxes.”

“Homestead lease. Nine hundred and ninety-nine year lease, conditions upon maintaining a home upon the premises, paying taxes, and cultivating small percentage areas that might be required, 8 to 45 acres, dependent upon quality; no payments other than small application fees …”

“…husband and wife might not both be applicants; applicant must not be owner of other land (except taro or wet land); lease inalienable; not subject to attachment, levy or sale, or to any process of the courts, might not be mortgaged, assigned, or sublet.”

“Right of purchase lease. Lease for twenty-one years with right to purchase at original appraised value any time after two years’ residence and cultivation of 25 per cent; area that might be acquired, 100 to 1,200 acres, dependent on quality …”

“… husband and wife might not both the applicants; applicants could apply for only such amount as taken with any lands owned by them would come to the limits name; rental at 8 per cent on appraised value to be paid until purchase was made.”

“Cash freeholds. Lands sold at auction at an appraised value as upset price; purchase price due in four installments during three years; two years’ residence and 25 per cent of cultivation further required to perfect title; qualifications and areas that might be acquired same as under right of purchase lease.”

“Special agreement. Sale at auction under special conditions as to payment by installments, with requirements of cultivation, with or without residence limit of area that might be sold under special agreement, 600 acres. (Practically the area has been limited to 100 acres of first-class land, as under the other systems.)”

“Cash sales. Sales made unconditionally for cash at public auction. These sales usually made to meet cases where exceptionally costly improvements were contemplated, as buildings, reservoirs, pumping machinery, etc.”

“Ola‘a district sides. Special sales, at a value appraised in the act of 1895, of lands held under Crown leases in the district of Olaa, Hawaii.”

“Lessee could purchase his leasehold up to 200 acres when 15 per cent of same had been put under cultivation and further improvements to the value of $200 made; distinct from the general systems of the land act and applying only to the Olaa district.” (JF Brown, Commissioner of Public Lands)

“The land act of 1895 has proved well suited to the condition in the Hawaiian Islands. Under it the demand for public land has been active, and fair prices have been realized for the benefit of the public treasury.”

“Speculation and land grabbing has been minimized and a marked improvement and development of lands taken is evident. The success of the act would not be questioned by any impartial observer familiar with the facts.”

“The extremely varied quality of the lands, the intermingling of public and private lands, and the special needs of the people, together with the duty of best utilizing the limited public domain required land laws drawn to meet such special conditions, and these, in all essential points, have been met by the land act of 1895. USDA, Stubbs ,1901)

Map of Hawaiian Islands-Drpt Foreign Affairs-1896