Images of Old Hawaiʻi

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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“Great and Good Friend”

“I was born Feb. 12, 1809, in Hardin County, Kentucky. My parents were both born in Virginia, of undistinguished families – second families, perhaps I should say.”

“My mother, who died in my tenth year, was of a family of the name of Hanks…. My father … removed from Kentucky to … Indiana, in my eighth year…. It was a wild region, with many bears and other wild animals still in the woods. There I grew up….” (Abraham Lincoln; White House)

He married Mary Todd, and they had four boys, only one of whom lived to maturity. In 1858 Lincoln ran against Stephen A Douglas for Senator. He lost the election, but in debating with Douglas he gained a national reputation that won him the Republican nomination for President in 1860.

On November 6, 1860, Abraham Lincoln was elected President of the US, becoming the first Republican President to win the presidency. It was a time when the country was divided.

Lincoln warned the South in his Inaugural Address: “In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue of civil war.”

“The government will not assail you…. You have no oath registered in Heaven to destroy the government, while I shall have the most solemn one to preserve, protect and defend it.” (White House)

On December 20, 1860, South Carolina became the first state to secede from the Union. By the time of Lincoln’s inauguration on March 4, 1861, seven states had seceded, and the Confederate States of America had been formally established, with Jefferson Davis as its elected president.

When the first shot of the American Civil War was fired at Fort Sumter off the coast of South Carolina on April 12, 1861, nearly six thousand miles away, the Kingdom of Hawaiʻi was a sovereign nation.

On August 26, 1861, five months after the outbreak of hostilities and four months after the news of Civil War arrived in Honolulu, Kamehameha IV issued a Proclamation that, in part, stated, “hostilities are now unhappily pending between the Government of the United States, and certain States thereof styling themselves ‘The Confederate States of America.’”

On January 1, 1863, Lincoln issued the Emancipation Proclamation that declared forever free those slaves within the Confederacy. Later that year, at 5:30 am on the morning of July 1, the first skirmish of the Battle of Gettysburg took place.

After three days of fighting, while both armies were badly impacted (with an estimated 51,112 casualties (23,049 Union and 28,063 Confederate,)) it was considered a decisive victory for the Union. On November 19, 1863, President Abraham Lincoln delivered what is now referred to as the Gettysburg Address.

The Civil War continued until the spring of 1865 when the North won the war. Throughout 1864 and 1865, President Lincoln worked to pass the 13th Amendment, which declared that slavery and involuntary servitude were no longer allowed in the US and gave Congress the power to enforce this law.

In the Islands, a little over a week after the Gettysburg Address (November 30, 1863,) Kamehameha IV, after serving approximately 9-years as King, died of chronic asthma in Honolulu at the age of 29. His brother, Lot Kapuāiwa, became King Kamehameha V.

Shortly thereafter, King Kamehameha V received a letter from President Abraham Lincoln, addressed to “Great and Good Friend,” expressing his “feelings of profound sorrow” of his brother’s death.

“Not only I, but the whole American People are deeply moved by the intelligence of the event with which God in His infinite wisdom has afflicted your Majesty and the Hawaiian Nation; for whom this Government and people have ever entertained sentiments of almost paternal regard, as well as of sincere friendship and unchanging interest.”

“It is gratifying to know that His Majesty’s place on the Throne and in the hearts of the Hawaiian people is occupied by one who was allied to him by the closest ties of blood, and by a long participation in the affairs of the Kingdom.”

“Your Majesty may ever firmly rely upon my sincere sympathy and cordial support and upon the abiding friendship of the people of the United States in the execution of the lofty mission entrusts to you by Providence.” (Lincoln, February 2, 1864)

Lincoln closed the letter noting, “I remain Your Majesty’s Good Friend.” (Lincoln, February 2, 1864)

Hawaiʻi’s neutrality did not prevent many of its citizens from enlisting in either Union or Confederate forces. One, a Hawaiian from Hilo, was Henry Hoʻolulu Pitman, son of Kinoʻole O Liliha, a Hawaiian high chiefess of Hilo. He enlisted in the Union Army and later died of disease in Richmond, Virginia’s infamous Libby Prison.

A dozen Hawaiians (possibly from captured ships) also served as Confederate sailors aboard the famous raider CSS Shenandoah which circumnavigated the globe and sank or captured nearly forty Union and merchant vessels throughout the Pacific. (Captured sailors could be put in chains below deck, marooned on an island or be given the chance to join the crew of the Southern vessel – many chose the latter.)

About 40 individuals who were born and raised in Hawaiʻi served in the Civil War. As many as 200-immigrants to Hawaiʻi who were living here at the outbreak of the war in 1861 may have served in the conflict.

Lincoln won re-election in 1864, as Union military triumphs signaled an end to the war. On Good Friday, April 14, 1865, Lincoln was shot at Ford’s Theatre in Washington by John Wilkes Booth. Lincoln died at 7:22 am on April 15, 1865, at the age of 56.

On May 11, 1865, Ka Nupepa Kuokoa (noting the death of Abraham Lincoln) noted “No words of ours can do justice to our grief. … “

“All over the world the friends of liberty and justice, the poor, the oppressed everywhere, will weep for him, the Savior of his country, the Liberator of four million slaves, the People’s friend. … His name will forever be revered … The Nation still lives.”

In 1868, three years after the Civil War ended, a group of Union veterans established “Decoration Day” on May 30 as a time to remember and decorate the graves of service members with flowers, according to the Department of Veterans Affairs. By the end of the 19th century, Memorial Day ceremonies were being held on May 30 throughout the nation.

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Kamehameha_IV_(PP-97-8-006)

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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.