Images of Old Hawaiʻi

by Leave a Comment

Ho‘iho‘ikea

In 1845, Kamehameha III established a permanent seat of government in Honolulu (moving from the prior capital at Lāhainā.) He acquired for his capitol the former Hanailoia (a home built by Governor Mataio Kekūanāoʻa for his daughter (Princess Victoria Kamāmalu)) and named it Hale Ali‘i, it was the palace used by Kings Kamehameha III, IV, V and Lunalilo.

Various residences were placed around the grounds, the Palace being used principally for state purposes. Kauikeaouli (Kamehameha III) built a large, old-fashioned, livable cottage on the grounds a little to ewa and mauka of the palace (near the Kīna‘u gate, opening onto Richards Street.) (Taylor)

He called his home ‘Ho‘iho‘ikea’ (most spell the house this way, some say Hoʻihoʻi ‘ea – for consistency, the former is used) in commemoration of the restoration of the sovereignty and independence of Hawai‘i by Admiral Thomas of the British Navy, on July 31, 1843. (Taylor and Judd)

(In 1843, Paulet had raised the British flag and issued a proclamation annexing Hawai‘i to the British Crown. This event became known as the Paulet Affair. Queen Victoria sent Rear Admiral Richard Thomas to restore the Hawaiian Kingdom. That day is now referred to as Ka La Hoʻihoʻi Ea, Sovereignty Restoration Day.)

It was a dwelling place, provided with the simpler comforts of a citizen, and greatly enjoyed by the sovereigns. This served as home to Kamehameha III, Kamehameha IV and Kamehameha V; the Palace being used principally for state purposes. (Taylor)

In Ho‘iho‘ikea were transacted some of the most important affairs connected with the history of Hawai‘i and within its walls were held many an important council to decide the interests of this nation, their advancement and their prosperity.

In 1834, Kīna‘u, Kauikeaouli’s half-sister, had given birth to a son, Alexander Liholiho. Kauikeaouli look Alexander as his hānai child and raised his young nephew as his own son, preparing him to be the next monarch of Hawai‘i. Kauikeaouli died at Ho‘iho‘ikea.

Kamehameha IV ascended the throne at age 21 and reigned for nearly nine years. Royal informality as well as strict protocol was recorded by Gorham D. Gilman, who attended a reception given by King Kamehameha IV:

“Having received an invitation to attend one of the receptions of King Kamehameha IV, a friend and myself entered the grounds at the mauka gate, intending to pass around and enter at the front of the building.”

“As we were passing the bungalow (Ho‘iko‘ikea) a friendly voice, somewhat familiar, hailed us and asked us to come up on the veranda. We accepted the invitation and were welcomed by the King himself, who invited us to seats and cigars.”

“While chatting upon social events the King, suddenly, looking at his watch, said hastily, ‘Excuse me, gentlemen, I am due in the throne room in five minutes,’ and disappeared within.”

“Passing to the front entrance of the palace, up the broad steps, and across the wide veranda to the brilliantly lighted rooms, we found a large company gathered. In a short time the band announced the arrival of His Majesty and presentations began.”

“These were made by the officers of the court, dressed in full uniform, and with great formality. When our tum came, my friend Mr. Bartow, and myself were escorted by two of the officers to the presence of the King.”

“We were announced with much formality by the stereotyped expression, ‘Your Majesty, permit me to present to you Mr. Gilman.’ With a formal bow on the part of both, we passed on, as if it were the first time we had ever been in the royal presence, while really it was only a few minutes since we had been smoking together.” (Gilman; Judd)

“During the reign of Kamehameha V, cabinet councils were frequently held there. There was held the council which called the Constitutional Convention, the result of which was the abrogation of the constitution of 1852 and the promulgation of the present one.”

“There Kamehameha V, he of the strong mind, humbly succumbed to his fate, and thus passed away the last of the Kamehameha dynasty.”

“In that house also the present reigning family met with their first great grief, and far distant be the day when they shall be called to mourn another void in the family.” (Thrum)

(Prince Albert (Ka Haku O Hawaiʻi (‘the Lord of Hawaiʻi,’)) the only son of Kamehameha IV and Queen Emma died there on August 27, 1862.)

The palace building was named Hale Ali‘i meaning (House of the Chiefs.) Kamehameha V changed its name to ʻIolani Palace in honor of his late brother and predecessor.

(ʻIo is the Hawaiian hawk, a bird that flies higher than all the rest, and lani denotes heavenly, royal or exalted.) Although the old palace was demolished in 1874, the name ʻIolani Palace was retained for the building that stands today.

This image is from Burgess’ No. 2 – View of Honolulu From the Catholic church (c. 1854) – on the right side you can see a church steeple (Kawaiahaʻo,) in front of it is Hale Ali‘i, with the flag to its right (it was renamed ʻIolani Palace in 1863.) In and around there are the respective houses of the aliʻi, including Ho‘iho‘ikea.

Follow Peter T Young on Facebook 

Follow Peter T Young on Google+ 

Follow Peter T Young on LinkedIn  

Follow Peter T Young on Blogger

© 2016 Hoʻokuleana LLC

No._2._View_of_Honolulu._From_the_Catholic_church._(c._1854)-center image
No._2._View_of_Honolulu._From_the_Catholic_church._(c._1854)-center image

by Leave a Comment

He ‘Ōlelo Lokomaikai

For a while the Islands were under the rule of the British commission set up by Lord George Paulet. Queen Victoria, on learning these activities, immediately sent an envoy to the islands to restore sovereignty to its rightful rulers. Finally, Admiral Richard Thomas arrived in the Islands on July 26, 1843 to restore the kingdom to Kamehameha III.

Then, on July 31, 1843, Thomas declared the end of the Provisional Cession and recognized Kamehameha III as King of the Hawaiian Islands and the Islands to be independent and sovereign; the Hawaiian flag was raised.

This event is referred to as Ka La Hoʻihoʻi Ea, Sovereignty Restoration Day, and it is celebrated each year in the approximate site of the 1843 ceremonies, Thomas Square.

“After five months of embarrassment and suffering under the misrule of the new powers the 31st of July opened a brighter scene”. (Bingham)

“On the 31st of July, a treaty of peace, providing for friendly intercourse between the Islanders and the subjects of Great Britain, was signed by the king of the Islands, Kamehameha, and the British admiral Thomas.”

“A parade of several hundred English marines appeared on the plain of Honolulu with their officers, their banners waving proudly, and their arms glittering in the sunbeams.”

“Admiral Thomas and the suspended king proceeded thither in a carriage, attended by the chiefs and a vast multitude of the people, who formed a line parallel with the troops.”

“The English standard bearers advanced towards his majesty, their flags bowed gracefully, and a broad, beautiful Hawaiian banner, exhibiting a crown and olive branch, was unfurled over the head of the king and his attending chieftains …”

“… which was saluted by the English troops with field pieces, then by the guns of the Carysfort, whose yards were manned in homage to the restored sovereign.”

“Then succeeded the roar of the guns of the fort, Punch-bowl Battery, the admiral’s ship, Dublin, the United States’ ship, Boston, and others. The day was a day of rejoicing and congratulations, enhanced by the issuing of the following edict:” (Bingham)

“He Olelo Lokomaikai
Act of Grace”

“Accorded by His Majesty King Kamehameha III, by and with the advice of his Chiefs in Council, to all his Subjects upon the occasion of his resuming the reins of Government.”

“WHEREAS certain difficulties and apparent misunderstandings have recently arisen between Us and the Government of Great Britain, in the course of which some of our Subjects, subsequent to our Provisional Cession of the Sovereignty of the Islands to Great Britain …”

“… and up to the period when we resumed the exercise of our Kingly Power, have accepted office, and otherwise performed acts not so required to do by Us, or our duly constituted Authorities. And, whereas, certain persons have been imprisoned within the time abovementioned not by our Authority,”

“WE, anxious to express our Gratitude to God, and to give the fullest proof of our attachment to the English Nation, and to manifest our joy at the Restoration of our National Flag, hereby Proclaim,”

“First, That none of our Subjects shall be punished by our Authority, for any act committed by them or any of them to the injury of our Government between the 25th of February, 1843, and the date hereof.”

“Second, That all prisoners of every description, from Hawaiʻi to Niʻihau, be immediately discharged.”

“Third, All Government business will be suspended for ten days after this date, that all persons may be free to enjoy themselves in the festivities and rejoicings appropriate to the occasion.”

“Given at Honolulu, Oahu, Island of Oahu, this thirty-first day of July, 1843.”

“(Signed,) Kamehameha III
(Signed,) Kekāuluohi”

“The king and chiefs repaired to the stone meetinghouse (Kawaiahaʻo Church) to offer public thanks for the singular interposition of Providence in favor of the nation. The king made a short address …”

“… stating that according to the hope expressed by him when he ceded the islands, ‘the life of the land’ had been restored to him; that now, they, the people of his islands, should look to him, and his rule over them should be exercised according to the constitution and laws.”

“This address was followed by the interpretation of the declaration of Admiral Thomas; after which, John Ii (a counsellor and orator) delivered an animated address suited to the joyful occasion.”

“He referred to the gloom which had shrouded the nation, and the despondency which had brooded over many minds, but which were now dispelled, and succeeded by hope, and joy, and brightening prospects.”

“He referred to the auspicious event of the restoration as of the LORD, who had been mindful of the nation in its low estate, and as demanding from all, gratitude and praise.”

“The sentiments of the 126th Psalm apparently inspired his heart: “When the Lord turned again the captivity of Zion, we were like them that dream. Then was our mouth filled with laughter, and our tongue with singing. Then said they among the heathen, ‘The Lord hath done great things for them.’”

“What a contrast between this scene and that of a human sacrifice in a heathen temple, which the orator of the day once saw offered by his prince, Liholiho, and his father!”

“It affords pleasure to add here, the testimony of the American Board, ‘that the whole deportment of Admiral Thomas, while at the islands, towards the king and his people, and the mission, was of the most courteous and honorable character; and his example, counsels, and influence will long be gratefully remembered.’”

“The king being restored to the free use of his sovereignty under the constitution, and once more regarding himself as the head of the people, took the lead again by example and influence, and by such means as were in his power, to favor the cause of temperance and order.” (Bingham)

Follow Peter T Young on Facebook 

Follow Peter T Young on Google+ 

Follow Peter T Young on LinkedIn  

Follow Peter T Young on Blogger

© 2016 Hoʻokuleana LLC

Hawaiian Flag - 1816-1845
Hawaiian Flag – 1816-1845

by 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)

Follow Peter T Young on Facebook 

Follow Peter T Young on Google+ 

Follow Peter T Young on LinkedIn  

Follow Peter T Young on Blogger

© 2016 Hoʻokuleana LLC

Photo_of_Kamehameha_III_(PP-97-7-003)-1853
Photo_of_Kamehameha_III_(PP-97-7-003)-1853
Keoni_Ana
Keoni_Ana
Kamehameha_IV_(PP-97-8-006)
Kamehameha_IV_(PP-97-8-006)
David_Lawrence_Gregg
David_Lawrence_Gregg
Robert_Crichton_Wyllie
Robert_Crichton_Wyllie
President_Franklin_Pierce
President_Franklin_Pierce
Ephraim Weston Clark
Ephraim Weston Clark
Peter_Johnson_Gulick
Peter_Johnson_Gulick
Wyllie Report to Kamehameha III-Feb_13_1854-copy-1
Wyllie Report to Kamehameha III-Feb_13_1854-copy-1
Wyllie Report to Kamehameha III-Feb_13_1854-copy-2
Wyllie Report to Kamehameha III-Feb_13_1854-copy-2
Wyllie Report to Kamehameha III-Feb_13_1854-1
Wyllie Report to Kamehameha III-Feb_13_1854-1
Wyllie Report to Kamehameha III-Feb_13_1854-2
Wyllie Report to Kamehameha III-Feb_13_1854-2
Wyllie at Privy Council Chambers to Wm Lee-Feb_13_1854-1
Wyllie at Privy Council Chambers to Wm Lee-Feb_13_1854-1
Wyllie at Privy Council Chambers to Wm Lee-Feb_13_1854-2
Wyllie at Privy Council Chambers to Wm Lee-Feb_13_1854-2
Wyllie at Palace to Wm Lee-Feb_13_1854-1
Wyllie at Palace to Wm Lee-Feb_13_1854-1
Wm Lee_and_Ministers-Approval of Order of King Kamehameha III to Wyllie-English-Feb_6,_1854
Wm Lee_and_Ministers-Approval of Order of King Kamehameha III to Wyllie-English-Feb_6,_1854
Proclamation-Government Threatened-Kamehameha III to Kuhina Nui & Wyllie-Hawaiian-Dec_8,_ 1854
Proclamation-Government Threatened-Kamehameha III to Kuhina Nui & Wyllie-Hawaiian-Dec_8,_ 1854
Proclamation-Government Threatened-Kamehameha III to Kuhina Nui & Wyllie-English-Dec_8,_ 1854
Proclamation-Government Threatened-Kamehameha III to Kuhina Nui & Wyllie-English-Dec_8,_ 1854
Order of King Kamehameha III to Wyllie-Hawaiian-Feb_6,_1854
Order of King Kamehameha III to Wyllie-Hawaiian-Feb_6,_1854
Order of King Kamehameha III to Wyllie-English-Feb_6,_1854-copy
Order of King Kamehameha III to Wyllie-English-Feb_6,_1854-copy
Order of King Kamehameha III to Wyllie-English-Feb_6,_1854
Order of King Kamehameha III to Wyllie-English-Feb_6,_1854
King Kamehameha III to Wyllie-Hawaiian-Feb_21,_1854-1
King Kamehameha III to Wyllie-Hawaiian-Feb_21,_1854-1
King Kamehameha III to Wyllie-Hawaiian-Feb_21,_1854-2
King Kamehameha III to Wyllie-Hawaiian-Feb_21,_1854-2
King Kamehameha III to Wyllie-English-Feb_21,_1854-1
King Kamehameha III to Wyllie-English-Feb_21,_1854-1
King Kamehameha III to Wyllie-English-Feb_21,_1854-2
King Kamehameha III to Wyllie-English-Feb_21,_1854-2

by 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.

Follow Peter T Young on Facebook 

Follow Peter T Young on Google+ 

Follow Peter T Young on LinkedIn  

Follow Peter T Young on Blogger

© 2016 Hoʻokuleana LLC

State-owned-Lands-DBEDT-GIS
State-owned-Lands-DBEDT-GIS

by 1 Comment

“Admiral of the Sandwich Islands”

On November 27, 1823, Kamehameha II (Liholiho) was the first Ali‘i to travel to England.  He was accompanied by Kamāmalu, the queen, Boki and his wife, Liliha, Kekūanāoʻa, Manuia, James Young and Kapihe.  (Alexander)

Kapihe (Naihekukui) “was very intelligent, had an excellent memory, and spoke English tolerably. He was remarkably skillful in the game of draughts (Kōnane,) which he played with uniform success.”  (Byron)

He was son of the chief Hanakāhi and also known as Jack the Pilot or Captain Jack. He had been the pilot for the Russian explorer Golovnin in 1818 and piloted Freycinet from Kailua Bay to Kawaihae in August 1819.  (Birkett)  Lord Byron referred to him as ‘Admiral.’

“He was decently clad in European clothes and spoke passable English; he showed me papers authorizing him to pilot us through these waters.”  (Camille de Roquefeuil; Birkett)

Back to Liholiho’s trip … it was taken partly by curiosity to see foreign lands, and partly by a desire to secure protection for his country, especially against Russia.

A council of the high chiefs was held at Lahaina to consider the subject, at which Kaahumanu was acknowledged as regent with Kalanimōku as her prime-minister, and Kauikeaouli confirmed as heir-apparent.

The king embarked in an English whale-ship, “L’Aigle,” commanded by Captain Starbuck, an American.  (Alexander)

L’Aigle arrived on May 17, 1824 in Portsmouth, and the next day the entourage moved into the Caledonian Hotel in London.  On the 12th of June, Manuia, was attacked by the measles; the next day, the king sickened, and by the 19th, all of the party were afflicted with the same disease … in a few days, the queen became dangerously ill.  (Jarves)

Kapihe was the only one of the followers who had suffered from the disorder in a degree at all equal to the king and queen.  Boki and Kekūanāoʻa rapidly recovered; and Kapihe soon grew better.

On the 4th of July, Liholiho was sufficiently well to give an audience to Richard Charlton, Esq., the newly appointed consul to his dominions. By the 8th, no hopes of the queen were entertained; the mutual grief of the royal couple was affecting.

They held each other in a warm and protracted embrace, while the thought of dying so early in their career, so far from their loved islands and friends, caused the tears to gush freely. In the evening she died.  (Jarves)

The king was supported by pillows, and said little, but repeated the words, “I am dying, I am dying:” within the curtains of the bed one of the chiefs sat continually, with his face towards the king, and his eyes fixed on him, in conformity, as they said, with their native customs.

The day of the 8th of July was a very painful one, and the dying agony of the sufferer was long; for it was not until four o’clock of the morning of the 14th that Tamehameha II breathed his last.  (Byron)

The grief-stricken Kamehameha II (age 27) died six days later on July 14, 1824.  Prior to his death he asked to return and be buried in Hawai‘i.

Shortly thereafter, the British Government dispatched HMS Blonde to convey the bodies of Liholiho and Kamāmalu back to Hawaii, along with the entourage.  The Captain of the Blonde, a newly commissioned 46-gun frigate, was Lord Byron (a cousin of the poet.)

The remains of the sovereigns had been placed in lead coffins, enclosed in wood, covered with crimson velvet, and richly ornamented. Suitable inscriptions in English and Hawaiian told the rank and age of the deceased.

The group headed back to the Islands on the 28th of September. On their voyage they had an opportunity of observing several other countries. The frigate touched at Rio, St. Catherines, at Valparaiso.  (Jarves)

Early in the morning of February 8, 1825, “Kapihe was affected with an apparent determination of blood to the head, and, notwithstanding every effort to save him, he died in the course of the day.”

“The attack seemed to have been coming on for some days; and, as it afterwards appeared, an abscess had formed on the brain.”

“The death of Kapihe may be considered as a serious loss to his native country: his natural intelligence had been cultivated and improved by his various voyages, and he had the most anxious desire to be useful at home.”

“We buried him out at sea off the Couronilla point, because the bigotry of the Chilians scarcely permits permanent repose to the remains of such as are not within the pale of the Roman church; and as Kapihe was not even christened, we substituted a prayer, written on the occasion, for the church service, when we committed his body to the deep.”  (Byron)

The Blonde arrived back in Honolulu on May 6, 1825.  Liholiho and Kamāmalu were buried on the grounds of the ʻIolani Palace in a coral house meant to be the Hawaiian version of the tombs Liholiho had seen in London.  They were eventually moved to Mauna ‘Ala, the Royal Mausoleum.

Kamehameha II was succeeded by his younger brother Kauikeaouli, who became King Kamehameha III.

Kapihe had one daughter, Kalama.

When it came to selecting a wife, Kamehameha III chose Kalama, although Kamanele, daughter of Gov. Adams, had been proposed as the most suitable, as to age, rank and education.

“Princes, doubtless, have a right to choose their own companions, though if they expect their offspring to enjoy a peaceful possession of the throne, the constitution, established usage, or will of the nation, should be respected. No small agitation existed for a time. His wishes in this matter, however, eventually prevailed.”  (Bingham)

The image shows Kipahe (Naihekukui, Captain Jack, Jack the Pilot.)  It was drawn by Arago.

© 2015 Hoʻokuleana LLC