Hawaii | Page 484 | Images of Old Hawaiʻi

May 4, 2016 by Peter T Young Leave a Comment

‘Killed By Indians’

“The red skins are on the war path, and are amusing themselves with scalping Black Hills immigrants. On May 6 they made (their) appearance near Fort Laramie.”

“Upwards of 35 head of cattle were driven off. Massacres have been committed in Red canon, and three fights have occurred, in which the Indians were repulsed. The Black Hills miners have something to do besides digging gold.” (Northern Tribune, May 20, 1876)

“The Indians run off thirty-one head of horses and mules from Hunton’s ranche, belonging to Col. Bullock, of Cheyenne, and Mr. John Hunton, yesterday.” (Nebraska Advertiser, May 11, 1876)

“A courier has just arrived at this post from Hunton’s ranch with news that the body of James Hunton had been found. It is completely riddled with bullets, and moccasin and pony tracks in the vicinity of where he was found show that the victim was chased some distance by twenty-five Indians and finally surrounded and was shot at leisure.”

“Mr. Hunton was a prominent and highly esteemed frontiersman, and the murder causes great excitement. Scattering bands of hostile Sioux have even come within four miles of the fort the past few days, and we expect more of their bloody work at any moment.” (Cincinnati Daily Star, May 8, 1876)

His headstone simply says, “James Hunton – Killed by Indians – May 4, 1876 – Aged 24 yrs”.

“Prior to the spring of the year 1867, there were no white inhabitants living within the area of what is now Platte County, Wyoming, except a few, less than ten, along the Oregon Trail from the Platte river valley east of Guernsey”. (John Hunton)

“In the spring and early summer of 1868 the Government, having induced the Indians to consent to be moved to White Clay River, near Fort Randall on the Missouri River; then to concentrate into one large camp east of Ft Laramie about 8-miles”. John Hunton)

Tension between the native inhabitants of the Great Plains and the encroaching settlers resulted in a series of conflicts … this eventually led to the Sioux Wars.

The most notable fight, fought June 25–26, 1876, was the Battle of Little Big Horn (Lt Col George Armstrong Custer lost – Sitting Bull, Crazy Horse and others won.)

Most native Americans were confined to reservations by 1877. In September 1877, Chief Crazy Horse left the reservation and General Crook had him arrested. When Crazy Horse saw he was being led to a guard house, he resisted and was stabbed to death by a guard. (Denardo)

In the fall of 1877, Sitting Bull headed north to Canada; life there was tough and in 1881 he surrendered to the US. In 1889 Sitting Bull was shot by Police. (NPS)

OK, back to Hunton and a connection (although indirect) to the Islands.

“James Hunton, a brother of John was killed (and scalped.) His body was found eight miles from the ranche, at Goshen Hole, and brought into the ranche last night, by JH Owens, of Chug spring’s ranche, and Little Bat, a hunter and scout.” (Nebraska Advertiser, May 11, 1876)

His brother John provides a description of what happened, “James Hunton, my brother, left Bordeaux, my home, on the afternoon of that day (May 4, 1876) to go to the ranch of Charles Coffee on Boxelder Creek about 14 miles east of Bordeaux, to get a horse he had traded for.”

“While going down through ‘the Notch’ in Goshen Hole, about half way between the two places, he was waylaid, shot and killed by five Indian boys who were out on a horse stealing expedition.”

“The Indians then went to my ranch at Bordeaux after night and rounded up, stole and drove off every head of horse and mules (38) I owned except my saddle horse, which I had with me at Fort Fetterman, where I received the news by telegraph the evening of the 6th.”

“The horse my brother was riding ran and the Indians could not catch him and the next morning was seen on top of the bluff east of the ranch. Blood in the saddle told the tale and a searching party found the body that afternoon.” (John Hunton)

The Sioux Wars military campaign provisioned at Fort Laramie, prior to heading north to South Dakota and Montana. John Hunton was fort sutler (providing provisions out of the camp post.)

John Hunton lived with/was married to LaLie (sister to fellow scout (and half-breed) Baptiste Garnier (Little Bat – the scout who helped bring James Hunton’s body back to the Hunton ranch.))

(I don’t mean to be repetitive, I just want you to remember that LaLie was Little Bat’s sister.) LaLie later left Hunton and married Frank Grouard – that marriage didn’t last either, and she left Grouard, too.

The Grouard family lived in Utah; Frank ran away from home and at the age of nineteen, ended up a Pony Express mail carrier … “out West” through hostile Indian Country (between California and Montana.) (Trowse)

Kuakoa tells us the Hawai‘i/Polynesia link … “A Hawaiian by the name of Frank Grouard (Standing Bear) is living as a scout in the American Army under General Crook, fighting Sioux Indians.”

“During one of his trips on a lonely trail (Grouard) was captured by Crow Indians and taken prisoner. The Crows took him many miles from the road, and in a lonely forest, stripped off his clothes and possessions, then released him to wander alone.”

“He wandered, cold and hungry, a piece of fur for clothing, eating grasshoppers and other bugs for food. When he had given up hope of surviving, he was discovered by a group of Sioux Indians. Because of his expressions of aloha, they took a liking to him.” (Kuakoa, September 30, 1876; Krauss)

He learned the landscape, customs and traditions – all the while constantly on alert to escape captivity. Around age 26, he eventually escaped from his Indian captors. Then, Grouard (Standing Bear) became an Indian Scout in the American Army under General George Crook, fighting Sioux Indians.

Almost every summer for nearly a dozen years, Grouard was in the field as a scout, commanding as many as 500 scouts and friendly Indians with all the Indian fighters who made reputations in subduing the Indians. He was wounded many times, suffered almost incredible hardships, saved small armies on several occasions and often saved the lives of individual men and officers.

OK, one other bit to this story … John and James Hunton are Nelia’s Great Great Uncles.

James Hunton-grave stone

James Nelson Hunton

Frank Grouard

Frank Grouard, US Scout

Frank Grouard and Indians

Indians Chiefs and US Officials

Rocky Bear (left) and Frank Grouard (right)

James_Hunton-gravestone

James Hunton-gravestone

Corner of adobe house occupied by Jim Bridger and John Hunton, 1867, Fort Laramie, Wyo

Bordeaux-John_Hunton_Ranch-House

Chief_Crazy_Horse

Sitting Bull

Fort_Laramie

Lakeview Cemetery-James Hunton

May 3, 2016 by Peter T Young Leave a Comment

Kamakahonu

“The view of the king’s camp was concealed only by a narrow tongue of land, consisting of naked rocks, but when we had sailed round we were surprised at the sight of the most beautiful landscape.”

“We found ourselves in a small sandy bay of the smoothest water, protected against the waves of the sea; on the bank was a pleasant wood of palm-trees, under whose shade were built several straw houses …”

“… to the right, between the green leaves of the banana-trees, peeped two snow-white houses, built of stone after the European fashion, on which account this place has the mixed appearance of a European and Owhyee village”.

“(T)o the left, close to the water, on an artificial elevation, stood the morai (heiau) of the king, surrounded by large wooden statues of his gods, representing caricatures of the human figure.” (Kotzebue, visiting in 1816)

Several large and densely populated Royal Centers were located along the shoreline between Kailua and Hōnaunau. One such center was located along the north end of Kailua Bay at Kamakahonu.

Kamakahonu (lit. turtle eye) was possibly established as early as the sixteenth century by ʻUmi-a-Līloa. It was during the early nineteenth century that Keawe a Mahi, a kahu of Keaweaheulu presided over Kamakahonu, and upon the death of Keawe a Mahi, Kamakahonu became the residence of Kamehameha I.

During Kamehameha’s tenure at Kamakahonu several structures were erected using both traditional materials and techniques and more “modern” materials and techniques.

Kamehameha first moved into the former residence of Keawe a Mahi. He then built another house on the seaward side of that residence, that was referred to as hale nana mahina ‘ai.

This house was built high on stones and faced directly upland toward the planting fields of Kūāhewa. Like an observation post this house afforded a view of the farm lands and was also a good vantage point to see canoes coming from South Kona and from the Kailua vicinity. (Rechtman)

Much of the following is from John Papa ‘Īʻi’s book, ‘Na Hunahuna no ka Moʻolelo Hawaii’ (Fragments of Hawaiian History;) he was a member of the Kamehameha household.

‘I‘i describes that the “King erected three houses thatched with dried ti leaves,” a sleeping house (hale moe) and separate men’s (hale mua) and women’s (hale ‘āina) eating houses. The hale ‘āina belonged to Kaʻahumanu, and as ‘I‘i described:

“This house had two openings in the gable end toward the west, and close to the second opening was the door of the sleeping house. A third opening was in the end toward the upland.”

“There were three openings in the sleeping house. The one in the middle of the west end, one which served as a window on the upland side of the southwest corner, and one mauka of the window. This window lay beyond the men’s house (mua) on the south. The door mauka of the window was the one entered when coming from the men’s house.”

“The door of the men’s house closest to the sleeping house was the one used to go back and forth between these two houses. There was also a door in the end wall on the west side of this house, and two small openings in the south seaward corner, one in the upper side and one on the lower side of the corner.”

“These faced the many capes of Kona and took in the two extremities of this tranquil land and the ships at anchor. However, should the ships be more to the ocean side, only the masts were visible.”

“A fifth opening was a little on the seaward side of the northeast corner, where the upland side of the men’s house extended a little beyond the sleeping house, and it was only through this entrance that the men went in and out. It was near the door that was used to enter from the sleeping house.”

“Near the door facing westward in the mua, was the king’s eating place. On the upper side were large and small wooden containers that served as bowls and platters, together with a large poi container always filled with poi from the king’s lands.”

“The men’s eating house, the sleeping house, and the women’s eating house were at the end of a 7- to 8-foot stone wall that ran irregularly from there to the shore at the back of the hale nana mahina ‘ai. Outside of the wall was the trail for those who lived oceanward of Kamakahonu. Immediately back of the wall was the pond of Alanaio, where stood some houses.”

“Two eating houses were built for Kaheiheimālie and her daughter, Kekāuluohi, opposite the three houses thatched with ti leaves. They stood back of the kou trees growing there at Kamakahonu, both facing northwest.”

“Kaheiheimālie’s eating house had two doors, but Kekāuluohi’s had but one door. In front of her house was a bathing pool, at the upper bank of which were some small houses and that of the king.”

“A stone house was built between the three houses thatched with ti and those of these chiefesses. Its builder was either a Frenchman or a Portuguese named Aikona. He was skilled in such work…”

“When Aikona began building the end and side walls of the house at Kamakahonu he built a third wall between them and arranged stones in the center of this middle wall to from a door.”

“The walls rose together until the house, from one end to the other, was finished. When Aikona later removed the stones set up in the doorway of the center wall, the doorway looked like the fine arched bridge of Pualoalo at Peleula in Honolulu.”

“As he removed the stones, Aikona explained that had they been piled inexpertly, the whole house might have collapsed. This house was well completed.”

“In the stone house were stored the king’s valuables and those of Aikona’s. These valuables were kegs of rum and gunpowder and guns, of which the guns and powder were placed on the inside near the inner wall. “

“Later, another storehouse was built in Kamakahonu, on the north side of the hale nana mahina ‘ai. It had stone walls and was constructed like a maka halau. The upper of its two stories was for storing tapa, pa‘u, malos, fish nets, lines, and olona fiber; and all other goods went into the lower story.”

“The thatching was of sugar-cane leaves, the customary thatching on the house along that shore. Dried banana trunk sheaths were used for the inside walls and were cleverly joined from top to bottom. Banana trunk sheaths were also used in the hale nana mahina ‘ai.”

“After these houses were built, another heiau house, called Ahuʻena, was restored (ho‘ala hou). This house stood on the east side of the hale nana mahina ‘ai, separated from it by about a chain’s distance.”

“The foundation of Ahuʻena was a little more than a chain from the sand beach to the westward and from the rocky shore to the eastward. Right in front of it was a well-made pavement of stone which extended its entire length and as far out as the place where the waves broke.” (ʻĪʻi, Na Hunahuna no ka Moʻolelo Hawaiʻi’ (Fragments of Hawaiian History))

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Kamakahonu map by Rockwood based on Ii-Rechtman

kamehameha_at_kamakahonu-HerbKane

Temple_on_the_Island_of_Hawaii_by_Louis_Choris_ink,ink_wash_and_watercolor_over_pencil_1816

Map of Kailua Bay-Kekahuna-BishopMuseum

Kailua_Bay-Landing-Map-Wall-Reg2560 (1913)-Kamakahonu_site_on_left

Kailua-Bay-Kamakahonu-Ka_Hale_Pua_Ilima_Foundation-HenryEPKekahuna-BishopMuseum-SP_201853

James_Gay_Sawkins,_England,_1806-1878,_Kailua-Kona_with_Hualalai,_Hulihee_Palace_and_Church-Kamakahonu is at left_1852

Hale ʻIli Maiʻa, the Royal storehouse of King Kamehameha I, Kailua, Kona, Hawaii.

Kamakahonu-DMY

Kamakahonu_DMY

Kamakahonu_Cove-1954 (Ahuena Heiau Inc)

Kamakahonu,_Kona

Kamakahonu DMY

Kailua Bay aerial 1960s

Kailua Bay aerial 1940s

King_Kamehameha_Hotel-(the_former_hotel)-1960s-1970s

May 2, 2016 by Peter T Young Leave a Comment

Ammo Tunnels

In ancient times, the central plateau, particularly the area called Lihue on the southwestern part of the plateau, was a center of island political power.

Even after the royal center had shifted to Waikiki during the time of chief Maʻilikukahi, this central area continued to play a role in chiefly activities, especially related to Kukaniloko, the site where chiefs came for the birth of their royal children. (Army)

As late as 1797, Kamehameha is said to have “made every arrangement to have the accouchement (birth of his successor) take place at Kūkaniloko; but the illness of Queen Keōpūolani frustrated the design”. (Fornander)

The central plateau was also a sanctuary for refugee chiefs. In 1783, the Maui chief Kahekili invaded and conquered Oahu, chasing the Oahu chief Kahahana and his wife into hiding in “the thickets of Wahiawa”.

The larger gulches of the central plateau and the gulches on the higher slopes of the Waiʻanae and Koʻolau Ranges were probably cultivated with irrigated taro. Handy writes “there are terraced areas watered by Kioea and Waikoloa (the north boundary of the Schofield Barracks cantonment) Streams. Kalena Gulch (in the Schofield West Range) had some terraces”. (army-mil)

A network of trails connected the central plateau with other parts of the island. The northern leg of the Waialua trail extended to the north shore; the southern leg reached to the rich estuaries of Puʻuloa (Pearl Harbor) on the south shore. The Kolekole trail pointed west to the crest of the Waianae Range and across to the leeward coast.

Fast forward to modern times, the first naval ammunition depot in the Islands consisted of seven above-ground magazines located on Kuahua Island, Pearl Harbor, in the vicinity of the Naval Shipyard.

Kuahua was used from 1916 until April of 1934, when it was decommissioned because of its unsafe location and limited area available for expansion. In 1929, the Navy purchased 8,184 acres of the McCandless estate at Lualualei; on May 1, 1934 the US Naval Ammunition Depot was commissioned. (Oahu Detonator)

As WW II approached, portable storage units were replaced with extensive underground rooms and tunnels for ammunition storage at many locations on Oahu. One worker commented that the Engineers had built so many tunnels, if placed end to end– the entrance would be at Koko Head, the exit at Moanalua. (ACE)

A major defense project of the mid-1930s was the construction of ammunition tunnels into the sides of Aliamanu Crater, called Aliamanu Ammunition Storage Depot (now Aliamanu Military Reservation.)

Intended for centralized storage of Army ammunition, eight tunnels were dug in 1934 and additional 35 magazines were completed in 1937. (Army)

At the onset of World War II, the Army was importing ammunition in huge quantities, requiring construction of ammunition storage facilities. Small facilities were built above ground, but the bulk of the ammunition was stored in massive underground storage facilities.

The first to be developed was in Waikakalaua Gulch just south of Wheeler Field, as well as at Kipapa Gulch.

“Tunnels driven into the almost vertical walls of the two gorges would have entrances invisible from the air. To keep out bomb fragments, passageways to the storage chambers would be dog-legged or provided with baffles.”

“The only drawbacks to these sites were lava formations and cinder pockets which would necessitate timbering or concreting considerable portions of the chambers.” (DOD; army-mil)

Waikakalaua consisted of 52 tunnels built into the hillside and used for ammunition storage. The mission of Waikakalaua was to provide ammunition storage for the Army during and after World War II. Ordnance storage tunnels and underground fuel storage tanks are reported to have been constructed between 1942 and 1945, and the installation was active until the 1950s.

This system of tunnels was the location of the primary storage for ordinance for B-17s and other bombers stationed just above at the Kipapa Army Airfield. The site was also used to store anti-tank and rifle fragmentation grenades. (army-mil)

According to Army-Navy Explosives Safety Board Abstract Number 28, tunnel #24A exploded in 1946 blowing large pieces of the concrete baffle out of the tunnel and across the gulch with such force that it destroyed a railroad track 300 feet away and caused a 20-foot depression to form above the tunnel.

Kipapa Ammunition Storage Site, located in Kipapa Gulch, was comprised of three sections. The lower unit is accessed from the south side of the Kamehameha Highway Bridge and extends south to the Kipapa Navy Ammunition Storage Area. The other two units are in the gulch to the east of Mililani Town.

Army construction during this period also included “The Hole” (now the Kunia Field Station,) a facility originally intended for airplane assembly (with a runway connection to Wheeler Field to the east.)

“The entrance appeared to lead only to a small dugout in a rolling hill, but at the end of a quarter-mile tunnel two elevators – one big enough for 20 passengers and the other able to carry four ½-ton trucks – gave access to a three-floor structure, self-sufficient even to a cafeteria that could serve 6,000 meals a day.”

“’The Hole’ was intended for plane assembly, but since it was not needed for such use, it proved ideal for the reproduction of maps and charts. Its huge air conditioning and ventilating systems provided easy control of temperature and humidity, and its fluorescent lighting furnished a flood of shadowless illumination.” (Allen; army-mil)

In October 1941, work was started to convert the storage facility in the rim of Aliamanu Crater into a joint Army-Navy command post; although not completed at the time of the Japanese attack on Pearl Harbor, the post was shortly after put into service by the island command.

To alleviate continued housing shortages in the early-1970s, the Army, Navy, and Marines developed a joint project at Āliamanu Military Reservation, once a World War II era Navy-Army command post and important ammunition storage facility.

The ammunition was moved to the Lualualei storage depot and the crater was transformed into a 2,600-unit housing development.

Other tunnel complexes were built, including Schofield Barracks, Wheeler Field, Fort Shafter and Fort Ruger. The tunnels at Wheeler Field and Fort Ruger were for ammunition storage. The tunnels at Fort Shafter included a bombproof radio station, an underground cold storage facility, an anti-aircraft command radio transmitter tunnel, and the Air Defense Command Post. (army-mil)

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May 1, 2016 by Peter T Young 1 Comment

Common Stock

An often repeated (and unfounded/incorrect) statement is, “The missionaries came to do good, and they did very well.” (Suggesting the missionaries personally profited from their services in the Islands.)

A simple review of the facts show that the missionaries were forbidden to “engage in any business or transaction whatever for the sake of private gain” and they did not, and could not, own property individually.

The Prudential Committee of the American Board of Commissioners for Foreign Missions (ABCFM,) in giving instructions to the Pioneer Company of 1819, said:

“Your mission is a mission of mercy, and your work is to be wholly a labor of love. … Your views are not to be limited to a low, narrow scale, but you are to open your hearts wide, and set your marks high.”

“You are to aim at nothing short of covering these islands with fruitful fields, and pleasant dwellings and schools and churches, and of Christian civilization.” (Instructions of the Prudential Committee of the ABCFM, October 15, 1819)

Over the course of a little over 40-years (1820-1863 – the ‘Missionary Period,’) about 180-men and women in twelve Companies served in Hawaiʻi to carry out the mission of the ABCFM in the Hawaiian Islands.

To supply the mission members, a Common Stock system was initiated – it was a socialistic, rather than capitalistic, economic structure.

The Common Stock system was a community-based economic system designed to enable the missionaries to accomplish their goals without having to worry about finding sustenance and shelter.

The missionaries were constantly reminded of Matthew Chapter 6, verse 24: “No one can serve two masters: for either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve God and mammon (money.)” (Woods)

The Laws and Regulations of the ABCFM stated, “No missionary or assistant missionary shall engage in any business or transaction whatever for the sake of private gain …”

“… nor shall anyone engage in transactions or employments yielding pecuniary profit, without first obtaining the consent of his brethren in the mission; and the profits, in all cases, shall be placed at the disposal of the mission.”

“The missionaries and assistant missionaries are regarded as having an equitable claim upon the churches, in whose behalf they go among the heathen, for an economical support, while performing their missionary labors …”

“… and it shall be the duty of the Board to see that a fair and equitable allowance is made to them, taking into view their actual circumstances in the several countries where they reside.” (Laws and Regulations of the Board, 1812)

So missionaries could devote their entire energies to developing a written language for the Hawaiian people, translating the Bible into Hawaiian and teaching native men, women and children to read it, the ABCFM supplied all the Hawaiian mission’s domestic needs through a Common Stock system administered by appointed secular agents for the mission.

“The kingdom to which you belong is not of this world. Your mission is to the native race,” ABCFM Secretary Rufus Anderson instructed the missionaries. Consequently, missionaries practiced rigid economy partly out of necessity, and partly out of a desire to appear trustworthy to the American churches upon whom they depended for total support. (Schulz)

The Mission was supported by donations to the ABCFM on the continent, “The free-will offerings of many churches, and many thousands of individuals are cast into one treasury, and committed, for application to the intended objects, to persons duly appointed to the high trust.”

“Upon these sacred funds and under this constituted direction, approved persons, freely offering themselves for the holy service, are sent forth to evangelize the heathen.”

“Your economical polity will be founded on the principle established by the Board, ‘That at every missionary station, the earnings of the members of the mission, and all monies and articles of different kinds, received by them, or any of them, directly from the funds of the Board, or in the way of donation, shall constitute a common stock …”

“… from which they shall severally draw their support in such proportions, and under such regulations as may from time to time be found advisable, and be approved by the Board or by the Prudential Committee.’” (Instruction to the Missionaries, October 15, 1819)

The Minutes of a meeting of the Pioneer Company on their way aboard the Thaddeus reinforced these instructions, “The property acquired by the members jointly or by individuals of the body either by grant, barter, or earnings shall also be subject to the disposal of the members jointly.”

“The property thus furnished or acquired, either divided or undivided, shall be devoted to the general purposes of the mission, according to the tenor of our Instructions from the A. B. Com. F. M. and according to our own regulations, not incompatible with those instructions.”

“No member of this mission shall be entitled to use or allowed to appropriate such property divided or undivided, in bying [sic], selling, giving, or consuming, etc. in any manner incompatible with our general Instructions, or contrary to the voice of a majority of the members.” (Minutes of the Prudential Meeting of the Mission Family, November 16, 1819)

The Mission’s secular agent, Levi Chamberlain, kept track of everything mission families received from the Depository, gifts from mainland friends or family members, and any presents from Native Hawaiians. Everything was counted against the equal distribution of goods.

Mission family members were allowed to keep personal gifts from family and friends as private property, but those gifts were subtracted from what they would otherwise be entitled to receive from the Depository. (Woods)

In 1836 the Mission wrote, “No man can point to private property to the value of a single dollar, which any member of the mission has acquired at the Sandwich Islands.”

Missionary Dwight Baldwin noted, “Every member, I think, to a man, has been engrossed in labors for the benefit of the people. And it is certainly true of nearly every one, that he has turned his attention to no provision whatever which his children might need in America.” (Schulz)

“In spite of the fact that they followed this community-based economic system, there is no doubt that the missionaries were capitalists. In 1838 William Richards took leave from the mission and then resigned to become the translator and advisor for King Kamehameha III.”

“At the King’s request Richards taught the chiefs about capitalism and constitutional government using a book he translated by Baptist pastor and Brown University President Francis Wayland, titled The Elements of Political Economy.”

“This class led directly to the establishment of the so-called Hawaiian Bill of Rights a few months later in 1839 that guaranteed rights to commoners that included rights to their own property.”

“The class also led to the establishment of the first constitution of Hawai‘i in 1840. The class may also have prepared the way for the Māhele in the late 18405 that established the right of private land ownership.” (Woods)

Two years after Kamehameha III created the first Hawaiian constitution, legislature, and public education system, the ABCFM aided the missionaries by transitioning to a salary system. The Board allotted each couple $450 per year and granted children under 10 an additional $30 and children over 10, $70 annually. (Schulz)

At their General Meeting in 1843, the Mission resolved, “That although we consider the salary allowed us by the Board a bona fide salary, still, in our character as missionaries, we are a peculiar people, having wholly consecrated ourselves to the Lord for the spread of the Gospel in the earth …”

“… and however it may be proper for other men to engage in speculations, and accumulate property, we cannot consistently with our calling engage in business for the purpose of private gain.” (Cheever)

The Depository continued as a purchasing agent for missionaries who could purchase their supplies at a discount from the Secular Agent, but all gifts or other earnings were still deducted from this salary. Land and herds continued to be owned jointly by the mission. (Woods)

Missionary parents could now give their children a New England education in the islands at O‘ahu College (Punahou, founded in 1841) and save their personal incomes for their children’s futures. (Schulz)

In 1863, the ABCFM withdrew financial support for the mission and the Missionary Period ended.

I encourage folks to visit the Mission Houses Historic Site and Archives, in the shadow of Kawaiahaʻo Church, on King Street. It’s a great way to learn the facts about the missionaries and the Missionary Period.

Docent guided tours (Tuesday through Saturday, starting on the hour every hour from 11 am with the last tour beginning at 3 pm) take about an hour and cost $10 ($8 Kamaʻāina, Seniors and Military,) Students $6 (age 6 to College w/ID;) Kamaʻāina Saturday (last Saturday of the month) 50% off for residents.)

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Mission_Houses,_Honolulu,_ca._1837._Drawn_by_Wheeler_and_engraved_by-Kalama

April 30, 2016 by Peter T Young 2 Comments

Hawaiian Common Law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Aloha, it’s the law.

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Common Law