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May 31, 2018 by Peter T Young Leave a Comment

David Gregg’s View of the Islands

David Lawrence Gregg arrived in Honolulu December 19, 1853 and lived there for about ten years, first as the diplomatic representative of the US, next as the Hawaiian Minister of Finance, and finally, for a short time, as a practicing attorney. The following are some extracts of correspondence he wrote, giving insight into the Islands at the time

“The King – Kamehameha III – is a very clever sort of personage, about 40 years of age, good looking, shrewd, and far more intelligent about political affairs than might be expected from one just emerged from a savage state.”

“He would, by no means, disgrace the society of his brother monarchs in Europe, and I am very much disposed to think that in point of natural capacity, he is superior to them all except Nicholas & Louis Napoleon.” (Gregg to RS Blackwell, February 1, 1854)

“He is of good size, & fair proportions, – of a dark olive complexion & fine appearance & bearing. He speaks English tolerably well, but on official occasions employs an interpreter. In shrewdness & intelligence, even on general subjects, he is not behind many of those who have had the advantages of early education, & a wide field of literature.” (Gregg to Forsyth, March 20, 1854)

“There are but few young men any where, superior to Prince Alexander. Though only twenty years of age, he is well educated & intelligent, and would acquit himself creditably in the best circles of society. A few years ago he travelled in England, France and the United States, & improved his opportunities of observation to the best advantage.”

“You need not be astonished to hear of him, some day, in Washington, as a member of the House of Representatives, or perhaps the Senate! If his complexion is of an olive cast, the first gentlemen of our country, would have no occasion to be ashamed of his society.” (Gregg to Daniel McIlroy, February 3, 1854)

“The American Missionaries have been badly treated by the Cabinet & by the King acting under its influence. His Majesty is conscious of the error, & has to my knowledge, expressed regret for it.” (Gregg to W. L. Marcy (Private), June 5, 1856)

“The American Missionaries deserve the highest credit for their untiring perseverance in, the work of elevating and reforming the savages of the Hawaiian Islands. It was their effort which laid the foundation of the order and peace which now prevail.”

“They established a polity almost republican in its character, and differing but in few particulars from our own institutions.”

“Naturally, the advisers of the King and Chiefs, they counselled judicious reforms, & did much to lessen & finally abolish the absolute dominion which trod the unfortunate masses under foot.”

“If they sometimes committed errors, it was because they lacked knowledge in political science, and gave too little heed to considerations of worldly policy. Thus it was, that morals were sometimes enforced by severe royal and legislative enactment, and, thus it now is, that trade is fettered by restrictions, which in the general estimation, are regarded as injudicious, and unwise.

“While I see some things to be censured, I find much to praise, and I trust that no consideration will ever prevent me from giving credit where it is justly due.” (David L. Gregg, United States Commissioner to Hawaii, to EW Tracy, (Private), February 3, 1854)

“(T)he results of Missionary teaching & American influence and of themselves, are sufficient to disprove the wholesale allegations of such persons as take it upon themselves to represent that the efforts of our countrymen to carry the lights of civilization to savage lands, have been without avail.” Gregg to Marcy, June 14, 1855)

“You will not consider it improper for me to add a few words to what I have already said in regard to the character of Judge Lee. His position here is peculiar, but not less honorable to him than creditable to those by whose confidence he is sustained.”

“He was on every occasion of importance the adviser of the late King (Kamehameha III), and maintains the same position with the new Sovereign (Kamehameha IV).”

“All classes of people in the Kingdom respect him & rely upon his judgment as affording almost a conclusive presumption of right. I know of no man any where who enjoys so large a measure of respect, or who has so few enemies.”

“His characteristic reputation is that of an honest man and I am satisfied that he most fully deserves it. He is by birth an American and I think, a native of New York.”

“In taking up his residence here, he was influenced by considerations of health. When he consented to hold a public position under a foreign government, it appears to have been with a firm determination to devote all his energies to the promotion of its interests …”

“… and in doing so he is persevering and consistent. But this has not interfered with the preservation of a proper respect & veneration for the institutions under which he was educated.” (Gregg to WL March, March 17, 1855)

“I attended the Supreme Court in this city where cases between natives were on trial. The proceedings were all conducted in the Hawaiian language, and a degree of good order & propriety prevailed which both gratified and surprised me.”

“The lawyers, witnesses, jurors, and one of the Judges on the bench, were Hawaiians. After the evidence was closed, speeches were regularly made as in our courts, and in manner, at least, I should call them fine specimens of forensic eloquence.”

“One of the officers of the Court interpreted the proceedings for me as they progressed, thus enabling me to conclude that shrewdness as well as eloquence was a characteristic of the native Hawaiian bar.”

“The appearance of jurors and spectators was just such as might be expected in our Courts at home, and they exhibited even a higher degree of decorum than I have sometimes seen in American Courts.” (Gregg to John Moore, January 21, 1854)

“The present inclination of the Hawaiian mind is to look upon the United States as the stronghold of hope for the future of the Islands….”

“… The British & French Governments are evidently doing all in their power to convince the Hawaiians that they are their best and most disinterested friends, & that in them alone can any well founded reliance be placed. It is our policy to prevent any such idea from obtaining credit.” (Gregg to WL Marcy, March 19, 1856) (All from Report of the Historical Commission, Territory of Hawaii, 1925)

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Filed Under: Economy, General, Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings, Prominent People Tagged With: Kauikeaouli, Kamehameha III, David Lawrence Gregg, United States, Supreme Court, British, France, Hawaii, Missionaries

April 22, 2018 by Peter T Young Leave a Comment

Hanailoia

Owing to the importance of the harbor of Honolulu, its central position in the Island chain and its increasing population, the principal chiefs and councilors convinced Kauikeaouli (Kamehameha III) to move the seat of government from Lāhainā to Honolulu. (Taylor)

By 1843, the decision was made to permanently place a palace in Honolulu. At about that time, Governor Mataio Kekūanāoʻa was building a house for his daughter (Princess Victoria Kamāmalu.)

Victoria Kamāmalu was the sister of Prince Alexander Liholiho and Prince Lot Kamehameha, who afterwards became, respectively, Kamehameha IV and Kamehameha V. Her mother, the High Chiefess Kīnaʻu, the Premier of the kingdom, was a half-sister of Kamehameha III, all being descendants of Kamehameha I. (Taylor)

The original coral block and wooden building called Hanailoia was built in July 1844 on the grounds of the present ʻIolani Palace. (Thrum) It has been said that in olden times a large heiau or temple existed on this spot, the name of which was Ka‘ahaimauli.

“The flight of stone steps leading to the hall, is just completed. Underneath the building is a deep cellar and outside of that, below the spacious verandah, the floor of which is raised six feet from the ground, are extensive accommodations for the guards and household servant.”

“The main-hall occupies the entire depth of the house, but disfigured at one end by an enclosed flight of stairs leading to the upper rooms.”

“On either side of the hall are lofty and spacious apartments of larger size, with broad and high windows reaching to the floor, and so constructed that they can be thrown entirely up, and give free access to the verandah, which entirely encircles the house.”

“The view from the upper story is very fine. It commands an extensive prospect, not only of the town, but the mountains and vallies, and seaward. It is divided into two rooms, and is, we believe, designed for smoking and lounging, during the heat of the day …”

“… for which, from its elevated position and coolness, the mountain breezes sweeping most delightfully through it, it is admirably calculated. With an eye to our own comfort, we could not help thinking what a nice editorial sanctum it would make.”

“The whole house, from its massive walls and deep verandah, must necessarily be very cool, in the hottest weather. The governor intends to lay out the grounds with taste, planting them with trees, &c, and has already prepared several wells to give the necessary supply of water.” (Polynesian, November 9, 1844)

“To a person who has ever visited any of the abodes of European sovereigns, such a term (‘palace’) would at once convey an idea of regal magnificence; but the residence of the Hawaiian monarch produces nothing that is superfluous, or even splendid.”

“On the contrary, every thing about it is plain, even to plebeianism, and induces a visitor to think that he may be treading the apartments of a chief rather than the palace of a sovereign. The grounds on which it stands cover between two and three acres, and are inclosed with a heavy wall of rough coral.”

“A visitor enters on the south side, between lodges occupied by sleepy sentinels. A small but beautiful grove of trees wave their stately foliage on either side of the path leading up to the royal apartments, and their cool shade reminds one of the groves of the Academy and the Lyceum, where so many of the old masters read, studied, and rambled.”

“A few steps bring you in front of the palace proper. It has a very simple, rustic appearance. The walls are composed of coral procured from the reefs along the shore of the harbor. The ground-plan covers an area of seventy-four feet by forty-four. The building is a story and a half high.”

“A noble piazza, eight or ten feet wide, and raised a few feet above the ground, entirely surrounds the building. The chief apartment is the one in which the king holds his levees. In the centre of the eastern wall of the apartment stood the chair of state. Its unpretending aspect led me to invest it rather with republican simplicity than monarchical aristocracy.” (Bates)

Various residences were placed around the grounds, the Palace being used principally for state purposes. ‘Hoihoikea’ was the name given to the large, old-fashioned, livable cottage erected in the grounds a little to ewa and mauka of the old palace, in which Kamehameha III, Kamehameha IV, and Kamehameha V resided. (Taylor)

The former Hanailoia, named Hale Ali‘i, was the palace used by Kings Kamehameha III, IV, V and Lunalilo. However, when Alexander Liholiho (Kamehameha IV) died November 30, 1863, his older brother Lot Kapuāiwa (Kamehameha V) became King and he considered a name change.

Minutes of the December 7, 1863 Privy Council note that Chancellor EH Allen “expressed the wish of the King to give a name to the Palace and that he wished it should be called St Alexander Palace.”

“After some discussion, Mr Wyllie moved that the following resolution be passed. … (However) after duly considering the Question, they would prefer the ‘‘Iolani Palace’ to the ‘Alexander Palace’ but that they respectfully defer to His Majesty right to give to his own Palace what ever name may best please himself.”

The minutes reflect that shortly thereafter, Acting Chamberlain, John O Dominis wrote, “I am ordered by His Majesty to inform You that he has styled His residence ‘‘Iolani Palace’ and you are instructed so to record it in the Minutes of the Privy Council.” (Privy Council, December 7, 1863)

So, Hanailoia was not only Honolulu’s first royal Palace, it was also the first ʻIolani Palace (although the Privy Council minutes refer to it as ‘ʻIolani Hale Ali‘i.’) It was torn down in 1878 to make way for the present ʻIolani Palace.

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White building in the front is old royal Mausoleum-Pohukaina. Wooden building behind it is original ʻIolani Palace
White building in the front is old royal Mausoleum-Pohukaina. Wooden building behind it is original ʻIolani Palace
Old_Iolani_Palace_and_adjacent_premises,_ca._1850s
Old_Iolani_Palace_and_adjacent_premises,_ca._1850s
The old palace, which was built in 1845 and was replaced by Iolani Palace in 1882
The old palace, which was built in 1845 and was replaced by Iolani Palace in 1882
Palace_of_King_Kamehameha_III,_from_the_harbor_(c._1853)
Palace_of_King_Kamehameha_III,_from_the_harbor_(c._1853)
Hale_Aliʻi_with_Royal_Guards_(before 1879
Hale_Aliʻi_with_Royal_Guards_(before 1879
Hale_Aliʻi_in_1857
Hale_Aliʻi_in_1857
Hale_Alii_illustration
Hale_Alii_illustration
Former_Iolani_Palace-before-1879
Former_Iolani_Palace-before-1879
Pohukaina-in_front_of_Hale_Alii-original_Iolani_Palace-1850s
Pohukaina-in_front_of_Hale_Alii-original_Iolani_Palace-1850s
'Io, the Endemic Hawaiian Hawk
‘Io, the Endemic Hawaiian Hawk

Filed Under: Ali'i / Chiefs / Governance, Buildings Tagged With: Hale Alii, Kekuanaoa, Kamehameha V, Hanailoia, Hawaii, Alexander Palace, Oahu, Iolani Palace, Victoria Kamamalu, Kamehameha IV, Kamehameha III, Mataio Kekuanaoa

April 8, 2018 by Peter T Young Leave a Comment

Power of Attorney

In college, William Richards was a member of the Mills Theological Society and also of the Philotechnian Literary Society, of which he was, for a time, president. He was a superior student, graduating with Phi Beta Kappa rank. At Commencement, he had a Philosophical Oration, the subject of his address being “The Nature and Effects of Dew.”

After graduating in 1819, Richards pursued his theological studies at Andover. In February, 1822, the ABCFM having planned to reinforce the mission at the Hawaiian Islands, Richards offered himself for that service and was accepted.

He was ordained in New Haven, Connecticut, on September 12 of the same year; on October 30, 1822, Richards married Clarissa, daughter of Levi Lyman, of Northampton, Massachusetts. On November 19, he, with his wife, joined the Second Company of American Protestant missionaries to Hawai‘i; they arrived in the Islands on April 27, 1823.

In the spring of 1838, the king and chiefs, who felt the need of reform in their government, asked Mr. Richards to become their teacher, chaplain and interpreter. With the consent of the ABCFM, he accepted this position and resigned his appointment as missionary and then spent his time urging the improvement of the political system.

He prepared a book No Ke Kalaiaina, based on Wyland’s, Elements of Political Economy. This book and Richards interaction with the king and chiefs helped shape the initial Hawaiʻi Constitution (1840).

In 1842, the delegation of Richards, Ha‘alilio and Sir George Simpson traveled to the US, France and Britain seeking recognition and diplomatic ties for Hawai‘i.

Kamehameha III issued a ‘Letter of Credence’ and power of attorney granting to Richards, “though a citizen of the United States of America”, “full and complete powers and perfect right to transact all and every kind of business whatsoever …”

“… for and in my stead and on my account, as fully and as perfectly in all respects and particulars, as I in my own proper person might or could do.” (Kamehameha III)

The Letter of Credence states, in part, “Kamehameha III., King of all the Hawaiian Islands, to Her Majesty, Victoria, Queen of the United Kingdom of Great Britain and Ireland. Great and good friend,”

“We have made choice of Sir George Simpson, Knight, Timoteo Haalilio, our private secretary, and member of the House of Nobles and Rev. William Richards, as our Envoys Extraordinary and Ministers Plenipotentiary to your Majesty.”

“They are especially charged in relation to certain important objects which have been introduced in letters written by us to your worthy predecessor, and more to your Majesty.”

“The Rev. Mr. Richards is perfectly acquainted with most of the facts mentioned in those letters, and knows all our views and feelings and wishes in relation to them.”

“They are all well informed of the relative interests of the two countries and of our sincere desire to cultivate and strengthen the friendship and good feeling which has existed between us …”

“… and from a knowledge of their probity, fidelity and good conduct, we have entire confidence that they will render themselves acceptable to your Majesty by their persevering endeavors to preserve and advance the interests and happiness of both nations.”

“We therefore request your Majesty to receive them favorably and to give full credence to whatever they shall say on the part of our kingdom, and most of all when they shall assure you of our friendship as* wishes for the prosperity of your Majesty and your Majesty’s subjects.” ((Kamehameha III and Kekauluohi (Premier), April 8, 1842)

The accompanying power of attorney, “Know All Men By These Presents, that I, Kamehameha III., King of all the Hawaiian Islands, have constituted, ordained and made, and in my stead and place put, William Richards, a citizen of the United States …”

“… and by these presents do constitute, ordain and make, and in my stead and place put the said William Richards, to be my true and lawful attorney, for me and in my name and stead to ask, demand, levy, require, recover and receive of and from all and every person or persons whomsoever the same shall and may concern …”

“… all sums of money, debts, goods, wares, merchandize, effects and things whatsoever and wheresoever they shall and may be found due, owing, payable, belonging and coming unto me, the constituent, by any ways and means whatsoever.”

“And moreover, for the well being of my Government, and for divers other good causes and considerations, I have appointed, and by these presents do appoint, the said William Richards, who, though a citizen of the United States of America …”

“…is now in the employ of my Government, my special agent for the purpose of negotiating within the United States of America, Europe, or any other place he may visit, a loan for and in behalf of my Government, to any amount not exceeding fifty thousand dollars …”

“… in such a manner as in his judgment shall best subserve my interest, hereby authorizing him to execute such bonds or obligations as may be necessary therefor, and hereby pledge the full faith and credit of my Government for the approval of all acts of my said agent, and for the payment of the loan at the time and place which shall be stipulated by my said agent.”

“And my said agent and attorney is hereby further endowed with full and complete powers and perfect right to transact all and every kind of business whatsoever, for and in my stead and on my account, as fully and as perfectly in all respects and particulars, as I in my own proper person might or could do.”

“And he is furthermore authorized to sign my name and affix my seal of state, with which he is entrusted, to any and all documents and papers that may be required in the execution of his agency.”

“And he, the said William Richards, is hereby authorized and empowered to revoke, reclaim and nullify and render void, any and every power and document heretofore given under my hand, which I in my own proper person could revoke, nullify and render void …”

“…hereby giving and granting unto my said attorney and agent full and whole strength, power and authority in and about the premises, and to take and use all means and process in law for effecting the same, and of recoveries and receipts thereof in my name to make, seal and execute due acquittance and discharge …”

“… and for the premises to appear, and the person of me the constituent to represent before any governor, judges, justices, officers and ministers of the law whatsoever, in any court of justice, and there on my behalf to answer, defend and reply unto all actions, causes, matters and things whatsoever, relating to the premises.”

“Also to submit any matters in dispute to arbitration or otherwise; with full power to make and substitute one or more attornies under my said attorney, and the same at pleasure to revoke; and generally to say, do, act, transact, determine, accomplish and finish all matters and things whatsoever on all subjects …”

“… as fully, amply and effectually, to all intents and purposes, as I the constituent, if present, ought or might personally, although the matter should require more special authority than is herein comprised …”

“… I the constituent ratifying, allowing and holding firm and valid, all and whatsoever my said attorney or his substitutes shall lawfully do or cause to be done by virtue of these presents.” (Kamehameha III and Kekauluohi (Premier), April 8, 1842)

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Filed Under: Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings, Prominent People Tagged With: George Simpson, Power of Attorney, Hawaii, Missionaries, Kauikeaouli, Kamehameha III, Timothy Haalilio, William Richards, American Board of Commissioners of Foreign Missions

March 30, 2018 by Peter T Young Leave a Comment

Snow Play

“(A)t early morning, March 30th (1820), to the joy of our expecting little company, the long looked for Hawaii appeared in the West. The lofty Mauna Kea lifted its snow crowned summit above the dark and heavy clouds that begirt its waist.”

“As we approached, we had a fine view of about sixty miles of the NE coast of the island – the districts of Hilo, Hāmākua, and part of Kohala; and as the sun shining in his strength dissipated the clouds, we had a more impressive view of the stupendous pyramidal Mauna Kea …”

“… having a base of some thirty miles, and a height of nearly three miles. Its several terminal peaks rise so near each other, as scarcely to be distinguished at a distance.”

“These, resting on the shoulders of this vast Atlas of the Pacific, prove their great elevation by having their bases environed with ice, and their summits covered with snow, in this tropical region, and heighten the grandeur and beauty of the scene …”

“… by exhibiting in miniature, a northern winter, in contrast with the perpetual summer of the temperate and torrid zones below the snow and ice.” (Bingham)

Such was the first impression of Hiram Bingham as the Pioneer Company of American Protestant missionaries first approached and landed in the Islands. He later (September, 1830) visited the summit region with Kauikeaouli, King Kamehameha III.

“(T)he king set out with a party of more than a hundred, for an excursion further into the heart of the island, and an ascent to the summit of Mauna Kea. To watch over and instruct my young pupil, and to benefit my health, I accompanied him.”

“(C)rossing over to Kawaihae with my family, we ascended at evening to the new inland station. When we had escaped from the oppressive heat on the shore, and reached the height of about 2000 feet, we were met by a slight rain and a chilly wind, which made our muscles shiver, though covered with a cloak, as we came within some twenty-five miles of the snows of the mountain.”

“The rain and clouds passed away as we approached the place of the sojourn of Mr. Ruggles and Dr. Judd. The full-orbed moon looked serenely down from her zenith upon the hoary head of Mauna Kea, and the ample and diversified scenery around.”

“The babbling brook, the sound of a small cataract in a glen, the rustling in the tops of the trees, at a little distance, the scattered huts of the natives in the settlement, while their occupants were hushed at midnight …”

“… and the hospitable light of a fire and lamp, beaming from a glass window of the missionary cottage pitched near the north side of the plain, over against Mauna Kea, which appeared in its grandeur …”

“… all contributed to awaken peculiar emotions, and called forth the aspiration, ‘May the Gospel and the Spirit of God dwell here, and the wilderness and the solitary place be glad for them.’”

“The excursion occupied nearly five days, though it might have been accomplished much sooner. Crossing in a southerly direction the plain of Waimea, some on horseback and some on foot, the party ascended a small part of the elevation of the mountain, and being in the afternoon enveloped in dense fog, they halted and encamped for the night.”

“The next day they passed over the western slope of the mountain to the southern side thence eastward along a nearly level plain, some seven thousand feet above the level of the sea, to a point south of the summit, and encamped out again, in the mild open air.”

“In the course of this day’s journey, the youthful king on horseback, pursued, ran down, and caught a yearling wild bullock, for amusement and for a luncheon for his attendants. A foreigner lassoed and killed a wild cow.”

“The next day was occupied chiefly in ascending in a northerly direction, very moderately. Our horses climbed slowly, and by taking a winding and zigzag course, were able, much of the way, to carry a rider.”

“Having gained an elevation of about ten thousand feet, we halted and encamped for the night, in the dreary solitudes of rocks and clouds. When the night spread her dark, damp mantle over us, we found ourselves in the chilly autumnal atmosphere of the temperate zone of this most stupendous Polynesian mountain.”

“Below us, towards Mauna Loa, was spread out a sea of dense fog, above which the tops of the two mountains appeared like islands.”

“We found it a pretty cold lodging place. … In the morning we proceeded slowly upwards till about noon, when we came to banks of snow, and a pond of water partly covered with ice.”

“In his first contact with a snow bank, the juvenile king seemed highly delighted. He bounded and tumbled on it, grasped and handled and hastily examined pieces of it, then ran and offered a fragment of it in vain to his horse.”

“He assisted in cutting out blocks of it, which were wrapped up and sent down as curiosities to the regent and other chiefs, at Waimea, some twenty-eight miles distant.”

“These specimens of snow and ice, like what are found in the colder regions of the earth, excited their interest and gratified their curiosity, and pleased them much; not only by their novelty, but by the evidence thus given of a pleasant remembrance by the youthful king.”

“After refreshing and amusing ourselves at this cold mountain lake, we proceeded a little west of north, and soon reached the lofty area which is surmounted by the ‘seven pillars’ which wisdom had hewed out and based upon it, or the several terminal peaks near each other, resting on what would otherwise be a somewhat irregular table land, or plain of some twelve miles circumference.

“Ere we had reach’d the base of the highest peak, the sun was fast declining and the atmosphere growing cold. The king and nearly all the company declined the attempt to scale the summit, and passing on to the north-west crossed over, not at the highest point, and hastily descended towards Waimea.” (Hiram Bingham)

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Filed Under: General, Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings, Place Names Tagged With: Hawaii, Hawaii Island, Kauikeaouli, Kamehameha III, Mauna Kea, Hiram Bingham, Snow

January 26, 2018 by Peter T Young Leave a Comment

Object of the Māhele

“The object of the Māhele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings.”

“The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government – whether American, British, or French – as private property.” (Banner)

This falls back to the concept of the ‘Law of Nations’ – “Hobbes was … the first who gave a distinct, though imperfect idea, of the law of nations. He divides the law of nature into that of man, and that of states: and the latter is, according to him, what we usually call the law of nations.”

“‘The maxims,’ he adds, ‘of each of these laws are precisely the same: but as states, once established, assume personal properties, that which is termed the natural law, when we speak of the duties of individuals, is called the law of nations when applied to whole nations or states.’” (Law of Nations, 1844)

“The general usage now is not to touch private property upon land, without making compensation, unless in special cases dictated by the necessary operations of war, or when captured in places carried by storm, and which repelled all the overtures for a capitulation.” (Kent, 1826)

The matter was of serious interest to Kamehameha III …

“Only those lands belonging to the government could be confiscated in the event of conquest by an invading country. This was undoubtedly on the mind of Kamehameha III as discussed on December 18th, 1847 in Privy Council, ‘if a Foreign Power should take the Islands what lands would they respect?’”

“Recognition as a nation-state in 1843 prevented the legal colonization of Hawai‘i but Kamehameha III was well aware of the threat of imperialism. The acquisition of another state’s territory through conquest was not outlawed in international law until the Kellogg-Briand Pact in 1929. This topic was discussed in Privy Council on December 18th, 1847:” (Preza)

“The King remarked before this rule was passed if his lands were merely entered in a Book, the Government lands also in a Book and all private allodial titles in a Book, if a Foreign Power should take the Islands what lands would they respect.”

“Would they take possession of his lands?”

“Mr. Wyllie replied that after the recognition of His Majesty’s Independence by the United States, Great Britain and France, and the engagement of the two latter powers near to take possession of any part of the Islands, he thought the danger adverted to by the King was exceedingly remote.”

“Those Great Powers held the World in check, and they were not likely to permit that any other Powers should take a possession of the Islands which they bound themselves not to take.”

“So long as the King, as hitherto, governed his Kingdom justly and with due regard to the rights of all Foreigners and to the laws of Nations, no Nation could have a plea to seize the Islands.”

“Mr. Lee gave it as his opinion, that except in the case of resistance to, and conquest by, any foreign power the King’s right to his private lands would be respected.”

“The King said unless it were so, he would prefer having no lands whatever, but he asked during the French Revolution were not the King’s lands confiscated?”

“Mr. Wyllie replied they were confiscated, but that was by the King’s own rebellious subjects, and it was to prevent such a risk here, that he regreted that Mr. Lee had not added to his rules one to the effect that in the event of Treason to, or rebellion against, the King, all lands of the King, held by Chiefs Landlords or whomsoever should ipso facto revert to the King.”

“The King observed that he would prefer that his private lands should be registered not in a separate Book, but in the same Book as all other allodial Titles, and that the only separate Book, should be that of the Government lands.” (Privy Council Minutes, December 18, 1847)

“In our opinion, 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 conqueror had won; and we understand the act of 7th June, 1848, as having secured both those objects.”

“Under that act the lands descend in fee, the inheritance being limited however to the successors to the throne, and each successive possessor may regulate and dispose of the same according to his will and pleasure, as private property, in like manner as was done by Kamehameha III.” (Hawaii Supreme Court, Addressing Estate of Kamehameha IV 1864)

“The Māhele did not provide much land to Hawaiian commoners, but it was not supposed to. The Māhele was a means by which the Hawaiian elite hoped to preserve its eliteness under colonial rule, by holding on to its land.” (Banner)

The first māhele, or division, of lands was signed on January 27, 1848; the last māhele was signed on March 7, 1848.

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Filed Under: General, Ali'i / Chiefs / Governance, Economy Tagged With: Hawaii, Great Mahele, Kauikeaouli, Kamehameha III, Annexation, Law of Nations, Private Property

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