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March 31, 2016 by Peter T Young Leave a Comment

US Annexation (almost, in 1854)

“I have positive and undeniable information, from the highest sources at Honolulu, to the effect that a Treaty is about concluded between Mr (David Lawrence) Gregg, the United States Commissioner, and the Government of the Islands, for their annexation to the United States forthwith. “

“The only unsettled question in relation to the annexation is, whether the Islands shall come in as a Territory or a State. Mr Gregg insists on the former.” (New York Daily Tribune, July 20, 1854)

Whoa, let’s look back …

The subject of annexation to the United States was for the first time seriously considered by the Hawaiian Government in 1851. (Alexander)

Through a Protectorate Proclamation (March 10th, 1851,) King Kauikeaouli “By and with the advice of our kuhina nui and counsellors of native chiefs … hereby proclaim as our royal will and pleasure that all our islands and all our rights as sovereign over them are from the date hereto placed under the protection and safeguard of the United States of America …”

“… until some arrangements can be made to place our said relations with France upon a footing compatible with my rights as an independent sovereign under the laws of nations and compatible with my treaty engagements with other foreign nations; or, if such arrangements be found impracticable, then is our wish and pleasure that the protection aforesaid under the United States of America be perpetual.”

On March 31, 1851, an appeal to the President of the US, by Robert Crichton Wyllie, Hawai‘i’s Minister of Foreign Relations and Luther Severance, Commissioner of the United States (and signed by King Kauikeaouli and Keoni Ana (Kuhina Nui,)) noted, in part:

  • “the King and chiefs remembering the events of 1839 and 1849, distrust France and fear her”
  • “France has not kept her engagement with Great Britain and does not mean to treat this Kingdom as under the protection of international law”
  • “The King … believes that Great Britain is so fettered with France that she can afford him no certain hope of present relief”
  • “the King, … appealed in his helplessness to the Commissioner of the United States, and now solemnly appeals to the President”
  • “the King would prefer that this Kingdom be received as an Independent State, under protection merely from foreign aggression”
  • “If that cannot be done, rather than continue to be the victim of foreign aggression, the mere shadow of a king without the power, but with responsibilities measured out by the arbitrary rule of the strong, We will resign the Sovereignty of these Islands into the hands of the United States”

On June 21, 1851, a Joint Resolution by the Nobles and Representatives of the Hawaiian Islands in Legislative Council Assembled, resolved that “if France should persist … it will be the duty of the King to shield himself and his kingdom from insult, and oppression by placing this kingdom under the protection of some friendly state …”

“The discovery of gold in California in 1848, which led to the speedy settlement of that State, and to the opening of new routes across the American continent, ushered in a new era in the history of the Hawaiian Islands. It opened a new market for their productions, and brought them into closer commercial relations with the United States.”

“During the years 1850-54 a considerable immigration from California took place. It embraced many restless, ambitious spirits, some of whom came for the purpose of exciting revolution. They found the foreign community already split into factions, between which bitter feuds existed of long standing.”

“Many of the newcomers naturally joined the opposition party, which claimed to be the liberal and progressive element in the country. The plan of the leaders of the new movement seems to have been to reconstruct the government, and then to turn it over to the United States.” (Pacific Commercial Advertiser, May 11, 1909)

In February 6, 1854, an order of the King to Wyllie noted, “that plans are on foot inimical (unfavorable) to the peace of Our Kingdom and the welfare of our people, and such as if carried out would be wholly subversive of Our Sovereignty, and would reduce Us to the most deplorable of all states, a state of anarchy …”

“Whereas, exigencies (emergencies) may arise of such a nature as to render it imperative upon Us, for the security of the just rights of Our chiefs and people, that We should seek the alliance of the United States of America.”

“We Do Hereby command you, Our Minister of Foreign Relations, to take such immediate steps as may be necessary and proper, by negotiation or otherwise, to ascertain the views of the United States in relation to the Annexation thereto of these Islands …”

“… and also the terms and conditions upon which the same can be affected, with the object of being fully prepared to meet any sudden danger that may arise, threatening the existence or independence of Our Kingdom.” (Signed by the King and Keoni Ana (Kuhina Nui))

Subsequent instructions from the King to Wyllie (February 21, 1854) noted, “You will immediately enter upon a negotiation ad referendum with the Commissioners of the United States of America, in case of necessity, and which shall fully secure Our rights and the rights of Our chiefs and people …”

“When the treaty ad referendum as aforesaid, is completed, you will submit the same to Us, which will be subject to Our approval, modification or rejection; and in case We shall deem it wise and necessary, to submit it to the Representatives of Our people, subject also to their approval.” (Signed by King Kamehameha III, and approved by Prince Liholiho, Keoni Ana and all the Ministers)

“On the 4th of July, 1854, the foreign community expressed their hopes of annexation by a grand celebration of the day. A car, decorated with evergreens, in which were seated thirty-two girls of American parentage, dressed in white, wreathed in flowers, each bearing the name of a State on her sash, in large gold letters, was drawn by a power unseen.”

“Next followed ‘Young America,’ a company of very young men in uniform, with another triumphal chariot, on which was placed a beautiful boy, the very personification of health, strength, and beauty. ‘Young Hawaii’ was in tow, and represented by a boat gaily trimmed, in which were eight young native lads, fancifully dressed, and carelessly eating sugar-cane.”

“The procession marched through the principal streets to the stone church, where an eloquent address was delivered by the American Commissioner, in which it was more than hinted that a new star was about to be added to the glorious constellation.” (Judd)

As noted above, “a Treaty is about concluded … (for Hawaiʻi’s) annexation to the United States … The only unsettled question in relation to the annexation is, whether the Islands shall come in as a Territory or a State.” (New York Daily Tribune, July 20, 1854)

The issue of State vs. Territory was a little deeper than that simple choice – it related to when Hawai‘i was annexed whether Hawai‘i would or would not allow slavery. (US President Franklin Pierce wanted Hawai‘i to have Territorial status.)

At that time, the US was on the verge of a civil war over the slavery issue.

If the Islands came in as a State, it would have been with a constitution forever excluding slavery, while if came in as a Territory, the people of the Territory would decide the slavery question for themselves. (Alexander)

It is interesting (and important) to note that, “The protestant missionaries at these Islands have never engaged in any scheme of annexation. It has been their cherished wish, that the government may remain independent under the present constitution and rulers.”

“Whatever may have been done by merchants, planters, or others, the protestant clergymen at the Islands have neither advised, nor signed any memorial to the King touching annexation.” (American Protestant Missionaries Ephraim Weston Clark and Peter Johnson Gulick, in a statement in The Polynesian, September 10, 1853.)

Later, “In a letter published in August, 1864, Mr. Clark stated that at the annual convocation in May, 1853, he had frequent conversations with other missionaries on this engrossing subject. ‘Not one of them expressed an opinion in its favor …”

“… but on the contrary, they did express doubts as to its expediency, and grave apprehensions of disaster to the natives from the influx of lawless and unprincipled foreigners.’” (Alexander; Pacific Commercial Advertiser, May 11, 1909)

The Annexation Treaty was never finalized, “The signatures were yet wanting; His Majesty more determined and impatient than ever, when he was taken suddenly ill, and died in three weeks (December 15, 1854.)” (Judd)

As Mr Severance truly said, “His partiality to Americans has always been strong, and it will be universally conceded that by his death they have lost a faithful and honorable friend.”

His adopted son and heir, Alexander Liholiho, was immediately proclaimed king, under the title of Kamehameha IV. Soon afterwards he expressed his wish that the negotiations that had been begun with Mr Gregg should be broken off, which was done. (Alexander)

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Filed Under: General, Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings, Prominent People Tagged With: Gulick, David Lawrence Gregg, Missionaries, Ephraim Weston Clark, Kauikeaouli, Peter Johnson Gulick, Kamehameha III, Annexation, Keoni Ana, Robert Wyllie, Kuhina Nui, Hawaii, American Board of Commissioners of Foreign Missions, Kamehameha IV, ABCFM, Alexander Liholiho, Chiefs

March 7, 2016 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.

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Filed Under: Ali'i / Chiefs / Governance Tagged With: Kamehameha V, Hawaii, Territory, Queen Liliuokalani, Republic of Hawaii, Kamehameha IV, Great Mahele, Queen Emma, Kauikeaouli, Kamehameha III, Provisional Government, Crown Lands, State

June 13, 2012 by Peter T Young Leave a Comment

Hānaiakamalama – Queen Emma Summer Palace

 

Hānaiakamalama (Lit., the foster child of the light (or moon,)) now known as the Queen Emma Summer Palace, was the “mountain” home of Queen Emma, wife of Kamehameha IV.
The house was originally constructed by John George Lewis in 1848.  John Young II bought it in 1850 and named the home “Hānaiakamalama.”
Queen Emma inherited it from her uncle, John Young II, son of the famous advisor to Kamehameha I, John Young I, in 1857.
Queen Emma was born Emma Naea in Honolulu on January 2, 1836, the daughter of a British aristocratic woman and a Hawaiian high chief.
She became the hānai child of Dr. and Mrs. T. C. and Grace Rooke, her mother’s sister who had no children of their own.  Emma grew up speaking both Hawaiian and English, the latter “with a perfect English accent.”
At 20, Emma became engaged to the king of Hawai‘i, Alexander Liholiho, (Kamehameha IV,) a 22-year-old who had ascended to the throne in 1855.  The couple had known each other since childhood.
In his first speech as king, Kamehameha IV stated the need for a hospital to treat the native population.  Due to introduced diseases, the Hawaiian population had plummeted, with extinction a very real possibility.
To recognize and honor Emma’s efforts, it was decided to call the new hospital “Queen’s.”
Queen Emma used the home as a retreat where she could escape from the heat of Honolulu into the coolness of Nuʻuanu.  It’s about 5-miles from Downtown Honolulu and 10-miles from Waikīkī.
It was through this land that Kamehameha the Great marched during what would become the Battle of the Nu‘uanu in April 1795.
Coincidently, Kamehameha was aided by foreigners, including John Young, Queen Emma’s grandfather, who provided the cannons and tactical know-how used in the battle.
This land, a portion of a grant known as Kaukahōkū, was originally designated as Fort Land; that is, it was set apart for the use of the Fort, probably as agricultural land.  However, sometime in the 1840s Kekuanaoa, Governor of the island of Oʻahu, leased the land for private use.
The Summer Palace was modeled in the Greek Revival style. It has a formal plan arrangement, wide central hall, high ceilings and floor-length hinged, in-swinging shuttered casement window.
It is one-story, over a basement, and measures about 73-feet by 51-feet.  The roof is hipped over the main portion of the home and gabled over the rear lanai that was converted to a room.
The large single room in the rear of the home, also known as the Duke of Edinburgh Room, was converted from a lanai in 1869, to prepare for the reception of the Duke during a visit to Hawai‘i.
The kitchen was a small structure apart from the house. Baths were taken through large tubs brought into the bedrooms by servants and filled with buckets of hot and cold water.
Three outhouses served the occupants; one reserved for the King and Queen, one for guests and another for servants.
The Summer Palace was saved from demolition by the Daughters of Hawaiʻi.  Today, the Daughters preserve and maintain this residence and the Huliheʻe Palace in Kailua-Kona as museums open to the public.
The restored and furnished home of Queen Emma and King Kamehameha IV offers a glimpse into the lifestyle of the Hawaiian monarchy.
The Daughters of Hawai‘i was founded in 1903 by seven women who were daughters of American Protestant missionaries.  They were born in Hawai‘i, were citizens of the Hawaiian Kingdom before annexation and foresaw the inevitable loss of much of the Hawaiian culture.
They founded the organization “to perpetuate the memory and spirit of old Hawai‘i and of historic facts, and to preserve the nomenclature and correct pronunciation of the Hawaiian language.”  (My mother was a Daughter.)
The property is open to the public, daily 9:00 am–4:00 pm; closed major holidays; Admission: Adult $6, Child 17 and under $1, Seniors $4; reservations required for groups of 20 or more.
The image shows Hānaiakamalama – Queen Emma Summer Palace.  In addition, I have included other images of the property and Queen Emma in a folder of like name in the Photos section on my Facebook page.
http://www.facebook.com/peter.t.young.hawaii

Filed Under: Ali'i / Chiefs / Governance, Buildings Tagged With: Hawaii, Kamehameha IV, Queen Emma, Queen's Hospital, Nuuanu, John Young, Queen Emma Summer Palace, Hanaiakamalama

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