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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by Peter T Young Leave a Comment

Peter Cushman Jones

Peter Cushman Jones was born in Boston on December 10, 1837; his father was Peter Cushman Jones, a Boston merchant, and his mother, Jane (Baldwin) Jones.

Young Jones was sent to the Boston Latin School and to “Bakers” School, in preparation for Harvard, but the lure of business was too strong, and as a young man he went to work as an office boy (at a salary of $50 a year.)

Led by an adventurous instinct, he set sail for Hawaiʻi, landing in the Islands on October 2, 1857 on the ship ‘John Gilpin.’

On the day of his arrival, as he passed up Fort Street jingling his 16-cents in his pocket, Henry P Carter, a clerk in C Brewer & Co, remarked, “Another Boston young man come to town to seek his fortune. We had better give him $10,000 and send him home again.”  (Story of Hawaiʻi)

Jones and Carter later became fast friends and close business associates for 20 years at Brewer.  Interestingly, Jones worked his way to the presidency of C Brewer & Co.

In 1892, with his son, Edwin A Jones, he formed a partnership under the name of The Hawaiian Safe Deposit and Investment Co., which has since become the Hawaiian Trust Co.

It was in 1893 that Jones, a 60-year-old businessman, persuaded close friends Joseph Ballard Atherton and Charles Montague Cooke to join him in organizing a new bank in the Islands.  Four years later on December 27, 1897, Bank of Hawaiʻi became the first chartered and incorporated bank to do business in the Republic of Hawaiʻi.

The charter was issued by James A King, Minister of the Interior of the Republic of Hawaiʻi, and signed by Sanford Ballard Dole, president of the Republic. Bank of Hawaiʻi operated its first office from a two-story wooden building in downtown Honolulu.  (BOH)

But all was not business for Jones; strongly religious, he served for years as a member of various church boards, a deacon of Central Union Church, president of the Board of the Hawaiian Evangelical Association and director of the YMCA.

Jones gave money for the establishment of the Portuguese Mission, and built the Pālama Chapel, which later grew to become Pālama Settlement, where social welfare work of every nature is still carried on.

A call into political activities came early in his career.

“I never cared for politics although I have always felt it my duty since I became a voter, to cast my vote for those I believed to be the best men, and at all times during the reign of Kalākaua, I felt that it was safe to vote against his followers.”  (Jones, LDS-org)

He was sent to Washington, DC, as the bearer of dispatches from the kingdom having to do with the final signing of the Reciprocity Treaty, which gave Hawaiʻi free trade with the United States.

On November 8, 1892, Queen Liliʻuokalani appointed him Minister of Finance. He was a member of the Wilcox-Jones cabinet until January 12, 1893.

(That cabinet resisted the distillery, lottery, and opium bills, and was dismissed on January 12, 1893 when a Noble of the Reform Party switched allegiance, allowing the Queen to dismiss the cabinet that was preventing her from passing those bills.)

Mr. Jones was an influential figure in the revolution and served on the executive and advisory council of the provisional government.

He helped take over the government building including the treasury and financial records. All four of the Queen’s cabinet ministers came to the government building and agreed to turn over the station house and barracks to the Provisional Government.  (Morgan Report)

In testimony in the Morgan Report, Jones stated, “It took about ten minutes to read the proclamation of the Provisional Government, which was read from the steps of the government building facing the Palace. During that 10 minutes about 50-60 armed men supporting the revolution arrived. Within 30 minutes there were 150-200 armed men. The reading of the proclamation finished at 2:45 on January 17.”

When later questioned about these events, “Senator Frye asked. ‘You were at the Government building frequently. Did you ever see, during this revolution, any of the American soldiers marching on the streets?’ Mr. Jones. ‘No.’”

“The Chairman. ‘Did you, as a member of the new Government, expect to receive any assistance from them?’ Mr. Jones. ‘No.’ The Chairman. ‘Do you know whether or not your fellows were looking for any help?’ Mr. Jones. ‘I never knew that they were.’ Senator Frye. ‘As a matter of fact, did they give any assistance to the revolution at all?’ Mr. Jones. ‘No’.”

“The Chairman. ‘Let me ask you right there, is it your belief that that revolution would have occurred if the Boston had not arrived in the harbor?’ Mr. Jones. ‘I believe it would have gone on just the same if she had been away from the islands altogether.’”  (Morgan Report)

Jones served briefly as Minister of Finance in the Provisional government.  However, “The strain of office and my utter unfitness for the high position caused me to entirely break down, and that with the sudden death of my only son Edwin on July 10, 1898, made me unfit for business for several years, culminating in a severe sickness in November 1902, and it was not until 1906 that I felt like assuming any responsibility.” (Jones; LDS)

On February 26, 1902 Peter Cushman Jones, Ltd leased the vacant lot it owned at Merchant and Alakea Streets to Joseph William Podmore (a former English sailor who opened his own firm for insurance, shipping, commission and as agent for others, and, a real estate investor.)  He built the Podmore Building.

Jones later acquired the building and donated it to the Hawaiian Board of Missions for use as a permanent home. It was later used by the Advertiser Publishing Co. Ltd who published the Honolulu Advertiser there until 1928.

Jones Street, near University and Oʻahu was named for Peter Cushman Jones.  The name was changed when a prospective renter of a fine house on this street said: “I’ll not live in Honolulu on Jones Street!” The landlady got busy with a petition and had the name changed to Alaula Way (Way of the Dawn.)  (Clark)

Peter Cushman Jones died in Honolulu on April 23, 1922 at the age of 84.

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Kaulana Nā Pua

The “King’s Band” (later known as the Royal Hawaiian Band) had its beginning in 1836; it continues today.  Founded by King Kamehameha III, it became a part of daily life by performing for the public, state occasions, funerals and marching in parades.

The band accompanied reigning monarchs of the time on frequent trips to the neighbor islands and brought their music to remote destinations of the kingdom, such as the Hansen’s Disease settlement at Kalaupapa on the island of Molokai.

“The King’s Band” members in 1848 signed contracts to serve in the band, noting they “agree to serve under the orders of William Merseburgh, the captain appointed by His Majesty … (and) to meet from time to time for the purpose of practicing and improvement in instrumental music.”

“We agree to play for the king and for the other officers of the government whenever called on by our captain for such reasonable compensation as he shall award, not less than one dollar nor more than three dollars per man for any time not to exceed one day.”  (Hawaiian Star, September 22, 1906)

In the 1880s, the Royal Hawaiian Band played concerts twice a week in Queen Emma Square.

“One of our pleasant diversions was to go to and hear Captain Berger’s band play at Emma Square every Saturday afternoon.  … we all went and sat in the carriage just outside the park.  There was usually a crowd there, as it was very popular.”  (Sutherland Journal)

After the 1893 overthrow of Queen Lili’uokalani, the Provisional Government under Sanford B Dole demanded a loyalty oath of all employees, including the musicians of the Royal Hawaiian Band.

Under a revised name, ‘Government Band,’ the musicians refused to do so; the striking bandsmen persuaded Ellen Kekoaohiwaikalani Wright Prendergast, a friend of Liliʻuokalani, to capture their feelings of anguish and pain in a song.  (Nordyke, HJH)

She composed Kaulana Na Pua o Hawaii, also known as Kaulana Na Pua (“Famous are the Flowers (Children.)”)

Click HERE for a rendition of Kaulana Nā Pua by Makaha Sons.

The band was told they would end up eating rocks if they didn’t swear allegiance, a threat that inspired one of the song’s verses: “Ua lawa makou i ka pōhaku, I ka ai kamahao o ka ʻāina,” which translates, “We are satisfied with the rocks, The wondrous food of the land” (also giving the song the name Mele Ai Pōhaku: The Stone Eating Song.)

The song is rich in kaona, hidden meanings, and its sweet melody belies the passions embedded in it. The band members then organized into the “Pana Lāhui Hawaiʻi”, “The Hawaiian National Band”, which under the leadership of José Liborno went to the United States to drum up support for the Queen and for Hawaiʻi’s continuing independence. (RoyalHawaiianBand)

The “Mele Aloha ʻĀina” song first appeared in Hawaiʻi Holomua on March 25, 1893, under the title “He Inoa No Na Keiki O Ka Bana Lahui” (A Namesong for the Children of the National Band).  (Stillman, HJH)

The credit line in the May 12, 1893 printing of the lyrics for “Kaulana Na Pua” also contains a date: February 10, 1893, barely one month after the overthrow of the monarchy.  (Stillman, HJH)

The song was sung on February 1, 1894, the royalist anniversary of the resignation of Royal Hawaiian Band members who had relinquished their jobs rather than sign an oath of loyalty to the Republic of Hawaiʻi. (Nordyke, HJH)

The lyrics mention four sacred chiefs that represent the major islands of the Hawaiian chain: Keawe of the Big Island of Hawaiʻi, Piʻilani of Maui, Mano of Kauaʻi and Kākuhihewa of Oʻahu. The words are treated with a spiritual tone of reverence and respect.  (Nordyke, HJH)

“Kaulana Na Pua” serves as a voice for the native Hawaiians in their protest against loss of self-determination and sovereignty. The powerful and reverent song symbolizes a pride of culture and a plea for understanding.  (Nordyke, HJH)

Today, the Royal Hawaiian Band is an agency of the City and County of Honolulu and is the only full-time municipal band in the United States.

The band performs and marches in concerts and parades each year including: city, state, and military functions; schools, community centers, shopping malls, retirement communities, graduations, and private events.

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Kaua Kūloko (Civil War 1895)

Following the overthrow of Queen Liliʻuokalani in 1893, the Committee of Safety established the Provisional Government of Hawaiʻi as a temporary government until an assumed annexation by the United States.

The Provisional Government convened a constitutional convention and established the Republic of Hawaiʻi on July 4, 1894. The Republic continued to govern the Islands.

From January 6 to January 9, 1895, patriots of the Kingdom of Hawaiʻi and the forces that had overthrown the constitutional Hawaiian monarchy were engaged in a war that consisted of three battles on the island of Oʻahu, Hawaiʻi.

This has frequently been referred to as the “Counter-revolution”.  It has also been called the Second Wilcox Rebellion of 1895, the Revolution of 1895, the Hawaiian Counter-revolution of 1895, the 1895 Uprising in Hawaiʻi, the Hawaiian Civil War, the 1895 Uprising Against the Provisional Government or the Uprising of 1895.

In their attempt to return Queen Liliʻuokalani to the throne, it was the last major military operation by royalists who opposed the overthrow of the Kingdom of Hawaiʻi.  The goal of the rebellion failed.

The chief conspirators who conducted the planning were four: CT Gulick, a former Cabinet Minister of Kalākaua, an American; Samuel Nowlein, a hapa haole, former Captain of the Queen’s Guard; WH Rickard, an Englishman long resident in Hawaiʻi; and Major Seward, an American long domiciled with John A Cummins, a wealthy hapa haole.

For three months, these four held frequent meetings at Gulick’s house and settled upon a plan for the capture of the city and public buildings.

Capt. Nowlein was to be commander of the rebel forces. Major Seward was to procure arms, Rickard was generally useful and Gulick was the statesman of the party.

Gulick, with the others, drew up a new Constitution, wrote a Proclamation restoring the Queen’s Government and prepared written Commissions for a number of chief officials.

On December 20th, after several days watching by five of Seward and Cummins’ men on Mānana (Rabbit Island, near Waimānalo,) the schooner signaled and was answered. The men gave the pass word “Missionary.”

They received two cases containing eighty pistols and ammunition which they first buried on the islet, but afterwards carried to Honolulu. The schooner then lay off outside for twelve days.

On the 28th, the little steamer Waimānalo was chartered by Seward and Rickard, and on New Year’s Day intercepted the schooner about thirty miles NE of Oʻahu, and received from her 288-Winchester carbines and 50,000-cartridges.

Captain Nowlein had secretly enlisted Hawaiians in squads of thirty-eight. About 210 of them assembled at Waimānalo during Saturday night and Sunday, the 6th. They captured and detained all persons passing or residing beyond Diamond Head.

Robert Wilcox, of former insurgent fame, had joined the rebels, and was placed in command under Nowlein.

Beginning on the night of January 6, 1895, several skirmishes ensued, with slight victory for the Royalists.  However, their benefit of surprise was now lost and they were out-numbered and out-gunned.

On January 7, 1895 martial law was declared in Hawaiʻi by Sanford B Dole.

Three major battle grounds were involved.  First, Wilcox and about 40 of his men were on the rim and summit of Diamond Head firing down on the soldiers.

Seeing no tactical importance in remaining on Diamond Head, Wilcox ordered his men to retreat to Waiʻalae. The new strategy was to move north into Koʻolau mountains then west, avoiding the Government forces in the south.

On January 7, the Royalists moved into Mōʻiliʻili where they were involved with additional skirmishes.  Then, on January 8, Wilcox and his men were discovered crossing into Mānoa Valley (they were hoping to get above the city, as well as rouse more supporters.)

Wilcox and his men then escaped up a trail on the precipice to the ridge separating Mānoa from Nuʻuanu. On that ridge his men dispersed into the mountain above; Wilcox and a few others crossed Nuʻuanu that night, eluding the guards.

Some 400 of the Government forces guarded the valleys from Nuʻuanu to Pālolo for more than a week, and scoured the mountain ridges clear to the eastern Makapuʻu point.

This resulted in the capture of all the leading rebels.

As evidence against conspirators accumulated, some forty whites and 120 Hawaiians were arrested. Four foreigners and 140 Hawaiians were taken prisoners of war. The prisons were supplemented by the use of the old Barracks.

Liliʻuokalani was put under arrest on the 16th, and confined in a chamber of ʻIolani Palace.

A tribunal was formed and evidence began to be taken on the 18th.  Nowlein, Wilcox, Bertelmann and TB Walker all pleaded guilty, and subsequently gave evidence for the prosecution.

On January 24, 1895, in an effort to prevent further bloodshed, Liliʻuokalani executed a document addressed to President Sanford B Dole, in which she renounced all her former rights and privileges as Queen and swore allegiance to the Republic.  The president pardoned the royalists after serving part of their prison sentence.

Convicted of having knowledge of a royalist plot, Liliʻuokalani was fined $5,000 and sentenced to five-years in prison at hard labor. The sentence was commuted to imprisonment in an upstairs bedroom of ʻIolani Palace.

After her release from ʻIolani Palace, the Queen remained under house arrest for five-months at her private home, Washington Place. For another eight-months, she was forbidden to leave Oʻahu, before all restrictions were lifted.

Lots of the information here comes from an article in The Friend, February, 1895.

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Land Act of 1895

“From the time of the great division of 1848 to the present time the policy of the leasing lands for a term of years has been pursued, both in the case of the Government lands and of the Crown lands controlled by the commissioners for the same.”

“In 1876 the first law requiring sale of Government leases to be made at auction was enacted, but such law did not apply to the Crown lands, which were not put under this regulation until the passage of the land act of 1895.”

“Under the lease policy lands were freely leased both by the Government and by the Crown commissioners in large areas and for long terms…”

“… but in 1891 the Government, while continuing the policy of leasing land, improved upon former methods by reserving to itself the right to take up any portion of the leased land suitable for settlement, which reservation proved later of much value.”

“This policy was continued after the passage of the land act of 1895, but with stricter regard to amounts leased, terms of lease, and reservations necessary for public interest.” (USDA, Stubbs, 1901)

“The first homestead act to acquire small holdings was passed in 1884. It was amended several times, but remained in force until the passage of the land act of 1895.”

“It gave the privilege of acquiring lots not over 20 acres in extent, payable in ten years, and requiring the erection of a dwelling and a residence of three years on the land.”

“A substitute might reside on land with the consent of the minister of the interior, as amended in 1892. Under these homestead laws 527 persons took up 8,490.81 acres … of which patents have been granted to 377 persons for 5,820.76 acres … leaving the remainder yet to be patented.”

“Under the amendment ‘without residence’ there have been taken up 3,552.84 acres … of which 2,942.44 acres …have been patented.”

“The results of these homestead laws were beneficial in placing homes, which have been greatly improved, into the possession of numerous families of moderate means. They did not, however, meet all of the requirements, hence these laws were supplanted by the land act of 1895.” (USDA, Stubbs, 1901)

“The idea of the legislature in creating these leases was clearly to encourage settlement and residence upon the lands of the government. It was not for the purpose of allowing persons to obtain farming lands at easy rates, but for the purpose of creating small farm homesteads where the parties would engage in farming and agricultural pursuits and increase the number of thrifty citizens in the Territory.”

“If a settler prefers to take one of these leases, he must expect to live up to the terms of same as laid down in his lease, and any man who can read and write, can understand the conditions therein set forth.” (Hilo Tribune, September 27, 1904)

“In 1895, the Provisional Government of the Republic of Hawaii, passed the Land Act (Act of August 14, 1895, Act 26, [1895] Hawaii Laws Spec. Sess. 49-83). In this act, three types of homestead agreements were defined: (1) the Homestead lease; (2) the Right of Purchase Lease; and (3) the Cash Freehold Agreement.”

“The Homestead Lease was for a term of 999 years, and was issued after the applicants complied with terms and conditions of a Certificate of Occupation. “

“The Right of Purchase Lease was a lease for 21 years with the right of purchase at anytime after the end of the third year of full compliance with the stipulated conditions of residence, cultivation, fencing, payment of taxes, and payment of the purchase price.”

“The Cash Freehold Agreement was an agreement of sale in which the purchaser paid 25% of the purchase price in down payments, and 25% on the remainder for the next three years.”

“The Land Act of 1895 specifically noted that ‘The lessee shall from the end of the first year of said term to the end of the fifth year thereof continuously maintain his home on such premises.’” (Kumu Pono)

“To promote the settlement and improvement of the remaining Government land, under conditions favorable to the settler, but not to simulators, and to meet the needs of different classes desiring lands, the land act of 1895 was enacted as being specially adapted to the requirements of the case.”

“An important feature of this fact was the general requirement of cultivation and improvement of lands taken up, as well as residence thereon for a term of years.”

“There was authority, however, under the act for the sale of lands at auction under special conditions, as to payments for same and cultivation without residence, to meet the cases of persons who desired to improve and cultivate land, but having occupations elsewhere were unable to live on the same.”

Methods of acquiring land included: “General qualifications required of applicants.—Must be over 18 years of age, be a citizen by birth or naturalization, or have letters of denization, be under no civil disability nor delinquent in payment of taxes.”

“Homestead lease. Nine hundred and ninety-nine year lease, conditions upon maintaining a home upon the premises, paying taxes, and cultivating small percentage areas that might be required, 8 to 45 acres, dependent upon quality; no payments other than small application fees …”

“…husband and wife might not both be applicants; applicant must not be owner of other land (except taro or wet land); lease inalienable; not subject to attachment, levy or sale, or to any process of the courts, might not be mortgaged, assigned, or sublet.”

“Right of purchase lease. Lease for twenty-one years with right to purchase at original appraised value any time after two years’ residence and cultivation of 25 per cent; area that might be acquired, 100 to 1,200 acres, dependent on quality …”

“… husband and wife might not both the applicants; applicants could apply for only such amount as taken with any lands owned by them would come to the limits name; rental at 8 per cent on appraised value to be paid until purchase was made.”

“Cash freeholds. Lands sold at auction at an appraised value as upset price; purchase price due in four installments during three years; two years’ residence and 25 per cent of cultivation further required to perfect title; qualifications and areas that might be acquired same as under right of purchase lease.”

“Special agreement. Sale at auction under special conditions as to payment by installments, with requirements of cultivation, with or without residence limit of area that might be sold under special agreement, 600 acres. (Practically the area has been limited to 100 acres of first-class land, as under the other systems.)”

“Cash sales. Sales made unconditionally for cash at public auction. These sales usually made to meet cases where exceptionally costly improvements were contemplated, as buildings, reservoirs, pumping machinery, etc.”

“Ola‘a district sides. Special sales, at a value appraised in the act of 1895, of lands held under Crown leases in the district of Olaa, Hawaii.”

“Lessee could purchase his leasehold up to 200 acres when 15 per cent of same had been put under cultivation and further improvements to the value of $200 made; distinct from the general systems of the land act and applying only to the Olaa district.” (JF Brown, Commissioner of Public Lands)

“The land act of 1895 has proved well suited to the condition in the Hawaiian Islands. Under it the demand for public land has been active, and fair prices have been realized for the benefit of the public treasury.”

“Speculation and land grabbing has been minimized and a marked improvement and development of lands taken is evident. The success of the act would not be questioned by any impartial observer familiar with the facts.”

“The extremely varied quality of the lands, the intermingling of public and private lands, and the special needs of the people, together with the duty of best utilizing the limited public domain required land laws drawn to meet such special conditions, and these, in all essential points, have been met by the land act of 1895. USDA, Stubbs ,1901)

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Map of Hawaiian Islands-Drpt Foreign Affairs-1896
Map of Hawaiian Islands-Drpt Foreign Affairs-1896