Queen Liliuokalani | Page 9 | Images of Old Hawaiʻi

October 11, 2016 by Peter T Young Leave a Comment

William Ansel Kinney

William Ansel Kinney was born October 16, 1860 in Honolulu. His parents were born in Canada, lived a while in Calais, Maine, then moved to Hawai‘i.

William first attended the Royal School at Honolulu, afterwards at O‘ahu College (Punahou – (1874–1877.)) During his boyhood, when out of school, he has been a clerk in a law office. He graduated from Michigan University Law School in 1883. (Michigan University)

He returned to the Islands; his first law partner was Arthur P Peterson. Then, in 1887 he became partners with William Owen Smith and Lorrin A. Thurston. (Kuykendall) From 1887-1888, he was a member of the House of Representatives, representing Hawai‘i Island.

Kinney was part of the team that drafted the 1887 Constitution of the Kingdom of Hawai‘i (‘Bayonet Constitution.’) Other reforms to the government included replacement of the Kings cabinet. (Forbes)

He moved to Salt Lake City, Utah, about 1890 and practiced law there. “After several visits to the states about 1891 (his mother) came to live for a time at Salt Lake with her second son William A Kinney, then and for several years after a well-known attorney of this city. (Salt Lake Herald, April 9, 1897)

Following the overthrow of the Hawai‘i constitutional monarchy, “William A. Kinney, now a lawyer in Salt Lake City, but a former resident of the Sandwich Islands and one of the leading participants in the revolution of 1887…”

“… met the members of the committee (seeking Hawai‘i annexation to the US) at Ogden for the purpose of renewing old acquaintance, and was induced to accompany the body to Washington in an unofficial capacity as legal adviser.” (NY Times, February 4, 1893)

Kinney moved back to the Islands in 1893 and on August 16, 1893 he married Alice Vaughan McBryde in Honolulu. McBryde was the daughter of Judge Duncan McBryde, who laid the foundation for what later was to become McBryde Sugar Company. Not a planter himself (but encouraged by Kinney and Dillingham,) McBryde hired a few men to obtain seed, plow the land and haul cane.

The original plantation lands extended from Kōloa to the Hanapepe River giving the newly formed McBryde Sugar Company access to a port. At first, the ʻEleʻele sugar mill was used to grind the cane, but within a couple of year, the Directors knew that another mill would have to be built.

As fortune would have it, McBryde bought the large Cuban type mill originally destined for Molokai’s American Sugar Company, whose plans for a plantation had to be abandoned. (HSPA)

Following Queen Lili‘uokalani’s arrest in 1895, “Mr William A. Kinney … Without military experience, he was commissioned a captain, and afterward charged with the duty of Judge Advocate in attacking me, and those of my people who sought liberty from the foreign oppressor.” (Lili‘uokalani)

While critical of Kinney related to the trials in 1895, in 1909, Lili‘uokalani retained Kinney and others in her claim to Crown Lands.

“Mr Kinney was judge advocate for the United States in the trial of Queen Lili‘uokalani and as he says ‘I tried her, prosecuted her, and convicted her, and I am now her attorney. Of course there was never anything personal in the matter.’” (Hawaiian Gazette, July 26, 1910)

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.”

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)

Later, Kinney joined forces with Prince Kūhiō in fighting Governor Frear (and the Big 5’s hold on the Islands,) noting, “Simply that the plantations, finding Gov. Frear under fire on their account, have been trying to fix things up …”

“… for they do not propose to lose control of the governorship and the local Territorial government; and when they do, however justly, a determined cry will be raised by them for commission government.”

“(I)nsistent retention of medieval ideas on land and labor, is merely an illustration of the recognized principle that things are apt to move along the lines of least resistance.”

“When the plantations of Hawaii have either got to do the right thing in regard to homesteading or go to the wall, they will come to time, and they should be forced to that position, not by way of retaliation nor in a spirit of hostility but because it is right and just to Hawaii and to the mainland that this be done.” (Kinney, Testimony before US House of Representatives, 1912)

The matter related to appointment of the next Territorial Governor of Hawai‘i. Kinney wanted someone without ties to the Plantations.

Lucius Pinkham, from the mainland, but had prior Island business interests and noted by Kūhiō that the Hawaiians “are very fond of Pinkham and … believe he is their best friend,” got the appointment.

Kinney left the Islands shortly thereafter and lived in California, continuing with his legal profession; he died sometime after 1930 in California.

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William Ansel Kinney-(PP-51-9-001)-1895-400

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Hawaiian_Military_Commission-Alexander George Morison Robertson, William Ansel Kinney, and Alfred Wellington Carter-(PP-51-9-001)-1895

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Trial_of_1895_Counter-Revolution_in_Hawaii-Kinney at far right

Political cartoon depicting Kinney on the shoulder of a governor going after sugarcane plantation interests-1912

September 29, 2016 by Peter T Young 1 Comment

Lili‘uokalani to Remarry?

“There will be a marriage before long of two distinguished personages of widely separated islands in the vast Pacific ocean. One of these personages is former Queen Lili‘uokalani of Hawaii and the other is Paea Salman, prince of Tahiti.”

“When asked as to the truth of the report that he would soon claim the former Hawaiian queen as a bride a broad smile enveloped the features of the prince – it was a happy smile, and there was love in his eyes, too.”

“He hesitated a moment before replying, and his mind seemed during that brief period to be occupied with pleasant thoughts of the queen. He toyed with a piece of twine and, almost bashfully said, ‘Now, really, l don’t like to discuss the matter. It is not for me to say. Affairs of the heart are not for the public. Do you think so?’” (San Francisco Call, September 29, 1907)

Two days later, Lili‘uokalani’s response was “couched in the single, sniffy word ‘No’ and Queen Lil had not the grace to cable herself. It was signed by her secretary.” (San Francisco Call, October 1, 1907)

Whoa; let’s look back …

Alexander Ariipaea Salmon (sometimes Salman,) known as ‘Pa‘ea,’ was the son of the Jewish Englishman Alexander Salmon, or Solomon, who had been Secretary to Tahiti’s Queen Pomare. His was from a rich and influential Tahitian family.

His mother, the ari‘i Taimai, was a historic personality in her own right. His sister Marau was the current queen of Tahiti, wife of their cousin King Pomare v. (Fischer)

By all accounts he was sincere, dedicated, honest and keenly interested in the Rapanui people – although his main concern, as a businessman, was always turning a profit.

Because of his native English and Tahitian, was well as rudimentary Rapanui, he served as principal informant for the British and Germans in 1882 and for the Americans in 1886. Pa‘ea Salmon would remain on Rapanui for a full decade.

Salmon inherited his father’s business interests and became co-owner with Brander of the Maison Brander copra and coconut oil plantations in Tahiti, the Marquesas and the Cooks. (Fischer)

“Prince Salman is a remarkably large man. He stands six feet two inches ‘in his stockings’, and weighs 300 pounds, all of which lie carries splendidly. He stands erect as any soldier, and, notwithstanding his great bulk, gets about as actively as a healthy youth of 18.”

“At his Island home, far away in the south seas, the prince, who has an abundance of riches and who owns extensive lands, is most popular. He is known as a ‘good fellow’ and probably the most easy-going of all the big chieftains of the islands.” (San Francisco Call, September 29, 1907)

“(W)hen the same prince visited Honolulu many years ago he made a very fine impression on the royal family as well as on local society in general.”

“His portrait, still preserved among the royal household treasures, shows him as a fine specimen of manhood. He must now be well above middle age and, from all accounts, is well preserved as well as abundantly wealthy and much traveled.”

“All Honolulu will join in the wish that his much reported intention of visiting Queen Liliuokalani may prove real through his arrival at an early date.” (Advertiser, March 3, 1907)

“The incident that occasioned the Queen the most inconvenience was when the Mariposa, running between San Francisco and Papeete, put in here for fuel oil.”

“A young man close to the Washington Place household, amidst an exciting misapprehension before the Mariposa docked that the steamer had been chartered to land the prince here, sent a wireless telegram to Lahaina to Queen Liliuokalani then there informing her of the prince’s arrival as a fact. She hastened to Honolulu only to find that it was all a mistake.”

“When the Queen was first apprised of the intended visit of the prince she began to make elaborate preparations, with no stint of expense, for his entertainment.”

“Her Waikiki beach villa was renovated and repainted from top to bottom, as well as improvements to the grounds made, the cost amounting to two thousand dollars or more.”

“It was Lili‘uokalani’s purpose to place the whole establishment at the prince’s disposal throughout his sojourn, or, if he preferred, the entire second floor of Washington Place in town which was also especially prepared for the purpose. (Advertiser, March 3, 1907)

“… of the courtship of Prince Salmon. It will, we hope, point a vigorous moral lesson on the dangers of overconfidence, the premature announcement that you have a thing cinched, or, to draw upon the old fable, of counting chickens before they have emerged from the shell.”

“So Prince Salmon, not conceiving how the queen could refuse an honorable offer from himself, which in the uniting of South Sea blood would not be without its political significance, announced that he was going to Honolulu, not to propose marriage, but in fact to marry the Queen.”

“He said nothing about it to her … but merely made a bid for an invitation to her Honolulu home.” (Town Talk, San Francisco Daily Times, October 26, 1907)

“Investigation, however, showed her that the prince had nothing in his own right; that his expedition in search for a wife had been financed by his friends.”

“Fearing that their prince might die and leave none of his blood to perpetuate the traditions of the island’s ruling house, certain of the prince’s faithful subjects … have banded themselves together to furnish funds by which a matrimonial campaign might be launched and carried on by the fat princeling.”

“He abandoned his suit to win ex-Queen Liliuokalani and laid his plans to capture the heart and fortune of a daughter of the Golden West, living in Berkeley. These plans came to nothing, however, through the opposition of the parents of the young woman, and sorrowfully the prince had to report another failure. His backers became furious.”

“Then came the troubles which have of late been crowding the smile from the broad, brown countenance of his majesty. The prince had been spending the money of his leal subjects as a prince should …”

“… for dinners to prima donnas, entertainments to chorus girls by the chorus full, rental of automobiles at $5 an hour, the best of everything and lots of it. It was but the due of a scion of such an illustrious house. Only the crash was fearful when it did come.”

“Beginning with the cashing of a worthless check in payment for a dinner at the Cafe Francisco, the downfall of his royal highness has been swift.”

“Fleeing from this city to Oakland to escape the jail which the proprietor of the cafe vowed should be his, the prince sent a messenger back to the hotel to fetch his clothes. But the hotel clerk refused to permit the royal garments to be moved ‘until the prince paid his bill.’” (San Francisco Call, November 11, 1907)

Shortly after, the paper noted, “Royal Suitor Languishing in a Prison Cell … Tahitian Prince Who Would Marry Hawai‘i’s Queen Goes to Jail … (and) has been sued for hotel and automobile bills.” (Pacific Commercial Advertiser, November 22, 1907)

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SFO Call-Sept 29 1907

Alexander_Ariipaea_Salmon

Prince_Kuhio_with_Alexander_Ariipaea_Salmon_(PP-97-1-048)

Ariipaea_Salmon

Salmon_family_of_Tahiti,_ca._1880s

August 26, 2016 by Peter T Young Leave a Comment

Confederate Flag

In the 1840s, Captain John Dominis, an Italian-American ship captain and merchant from New York, purchased property on Beretania Street and built a home for his family, Mary Lambert Dominis (his wife) and John Owen Dominis (his son.)

In 1847, on a voyage to the China Sea, Captain Dominis was lost at sea. To make ends meet, Mary Dominis rented out spare bedrooms in the house.

One such was to American Commissioner Anthony Ten Eyck. Ten Eyck said the house reminded him of Mount Vernon, George Washington’s mansion and that it should be named “Washington Place.”

King Kamehameha III, who concurred, Proclaimed as ‘Official Notice,’ “It has pleased His Majesty the King to approve of the name of Washington Place given this day by the Commissioner of the United States, to the House and Premises of Mrs. Dominis and to command that they retain that name in all time coming.” (February 22, 1848)

Twenty-four year-old Curtis Perry Ward (whom some called a ‘lonely Southern bachelor,’ while others say he was an ‘aloof, aristocratic Southerner’) arrived in the islands in 1853 and rented a room at Mary Dominis’ Washington Place.

He later opened a livery stable, started a small feed company and a draying business, all of which made money for Ward. In 1858, Ward rented a residential block now occupied by Davies Pacific Center as a home and location for his livery business. He named the property “Dixie”.

When tensions began to rise between the American North and South, 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.

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.’”

With the Proclamation, the King also stated “Our neutrality between said contending parties.” The discussion of neutrality versus partisanship had to include the reality that the Hawaiian kingdom had no standing army …

… and most importantly, no navy to protect its harbors if supporting either the Union or Confederacy brought the other side’s vessels to threaten the principal cities of Honolulu or Lāhainā. (Illinois-edu)

Likewise, while the majority of foreigners in Hawaiʻi were Americans from New England who supported the Union cause with great fervor, leadership and advisors to the King included European ties who believed that the Confederacy would succeed in securing its independence.

In 1862, John Owen Dominis married Lydia Kamakaʻeha (also known as Lydia Kamakaʻeha Pākī – later, Queen Lili‘uokalani.) Lydia Dominis described Washington Place “as comfortable in its appointments as it is inviting in its aspect.”

“Lili‘uokalani liked young Ward and felt sympathy for him as a passionate upholder of Confederate rights.” (Taylor) “(A)ccording to a family story, some members of the court privately expressed sympathy for Ward’s Southern allegiance during the War Between the States.”

“Lydia Lili‘u Pākī is said to have worked quietly at night, in the privacy of her chambers, sewing a Confederate flag for Ward.”

“He accepted her gift with pleasure and promptly attached it to the canopy of his four-poster bed, declaring it was his wish to die under the flag.” (Hustace)

In 1865, Ward married Victoria Robinson, Hawai‘i-born daughter of English shipbuilder James Robinson and his wife Rebecca, a woman of Hawaiian ancestry whose chiefly lineage had roots in Kaʻū, Hilo and Honokōwai, Maui.

For many years they made their home at ‘Dixie;’ later Ward Homes were ‘Sunny South’ and ‘Old Plantation. The Wards had seven daughters.

It was said that all of them were born in the bed under the Confederate flag. The flag is a “treasured relic of the Ward family to this very day.” (Taylor) In 1882, Curtis Ward died at age 53.

Victoria rallied against the overthrow of the Hawaiian Kingdom in 1893; and, reportedly, after promulgation of the law forbidding the public display of the Hawaiian flag, Victoria Ward replaced the Confederate flag with a Hawaiian flag bed-quilt with the words Ku‘u Hae Aloha (My Beloved Flag.)

It is said Victoria made the remark, “I was born under the Hawaiian flag and I shall die under it.” (Allen; Karpiel) (The image shows the Confederate ‘Stars and Bars’ flag, captured by soldiers of the Union Army at Columbia, South Carolina – the flag later had 13-stars.)

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May 20, 2016 by Peter T Young 1 Comment

Lady in Waiting

Captain Henry Blanchard, master of the brig Thaddeus (that brought the Pioneer Company of missionaries to the Islands in 1820,) married a Molokai chiefess named Koloa. They had a daughter, Harriet, born in 1831.

Harriet married an itinerant English actor, John Townsend, whose dramatic company performed in Honolulu. He gave up acting and invested in a sugar plantation (that went bankrupt.) Then he disappeared, leaving Harriet with their two children Eveline (Kittie) and George.

Eveline Melita Townsend joined Kawaiahaʻo Church, where she sang in the church choir, led by then-Princess (later-Queen) Liliʻuokalani. Liliʻuokalani must have been charmed by her exuberant and fatherless choir member, for Eveline became a protégé of the princess and later an intimate friend. (Krauss)

“(Kittie) professed a great fondness and love for me, and with two other young ladies, Lizzie Kapoli and Sophie Sheldon, had made my home theirs. Bright young girls, with happy hearts, and free from care and trouble, they made that part of my life a most delightful epoch to me.”

“It was then that Mr (Charles Burnett (CB)) Wilson first sought the hand of pretty little Kittie Townsend. Thus we had known Mr Wilson quite well as a young man when he was courting his wife.”

“My husband and myself had warmly favored his suit; and, with his wife, he naturally became a retainer of the household, and from time to time they took up their residence with us.” (Liliʻuokalani)

The Wilsons had a son, Johnny. CB Wilson was appointed Marshal of the Kingdom.

“One evening, shortly after Mr and Mrs Wilson had moved into the bungalow, he presented himself at the Blue Room of the palace, and then first mentioned the idea that a new constitution should be promulgated. … About two days’ after this suggestion I received a call from Mr. Samuel Nowlein, who alluded to the same matter.”

“On the sixteenth day of January. 1895. Deputy Marshal Arthur Brown and Captain Robert Waipa Parker were seen coming up the walk which leads from Beretania Street to my residence.”

“Mrs Wilson told me that they were approaching. I directed her to show them into the parlor, where I soon joined them. Mr. Brown informed me that he had come to serve a warrant for my arrest; he would not permit me to take the paper which he held, nor to examine its contents.”

“(W)e arrived at the gates of ʻIolani Palace, the residence of the Hawaiian sovereigns. We drove up to the front steps, and I remember noticing that troops of soldiers were scattered all over the yard.”

“(I)n conference it was agreed between us … that Mrs Wilson should remain as my attendant; that Mr. Wilson would be the person to inform the government of any request to be made by me, and that any business transactions might be made through him.” (Liliʻuokalani)

“During the imprisonment here of Liliuokalani in 1895 Mrs Wilson was chosen by the ex-Queen as best friend and the relations between them were of the closest and most confidential nature. In the old court days here Mrs. Wilson was prominent both on account of her own position as a lady in waiting and her husband’s official rank.” Hawaiian Gazette, May 24, 1898)

During her imprisonment, Queen Liliʻuokalani was denied any visitors other than one lady in waiting (Mrs. Eveline Wilson.) Johnny would bring newspapers hidden in flowers from the Queen’s garden; reportedly, Liliʻuokalani’s famous song Kuʻu Pua I Paoakalani (written while imprisoned,) was dedicated to him (it speaks of the flowers at her Waikiki home, Paoakalani.)

Paoakalani written by Liliuokalani, performed by Kuuipo Kumukahi:

In 1897, Johnny Wilson and fellow Stanford student Louis Whitehouse won the bid to expand and construct a ‘carriage road’ over the Pali. Ground was broken on May 26, 1897 and the road was opened for carriages on January 19, 1898.

(When the current Pali Highway and its tunnels opened (1959,) the original roadway up and over the Pali was closed and is now used by hikers.)

Then, “It was a painful thing for our hearts to hear that the uncompassionate hand of death reached out and took the precious breath of life from the body of Mrs Evalaina Willison (Wilson,) the wife of Mr CB Willison (Wilson,) in the early morning of this Saturday, after she began to waste away of sickness for just a few short days.”

“She was a well-known woman here in town, and elsewhere on the island, and she was the attendant of Queen Liliuokalani while she was on the throne until her overthrow.”

“There were many, many friends who visited to see her for the last time, and then dust returned to dust, for that is where it came from. She leaves behind a husband, child and family who grieve for her from this side of the grave. (Aloha Aina, May 28, 1898)

Later, her son Johnny Wilson got involved with politics and is credited as being the most important Democrat in the first half of 20th-century Hawaiʻi; his name is used with Jack Burns in the party movement. He was in a meeting on April 30, 1900 that organized the Democratic Party of Hawaiʻi and served as Honolulu Mayor.

Initially known as the ‘Kalihi Tunnel’ (and often called the Likelike Tunnels,) the Wilson Tunnels are named in honor of John H Wilson. (1998 brought the completion of H-3 (and the Tetsuo Harano Tunnels – named after a longtime state highways administrator.))

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Lyman C Newell, Queen’s lady-in-waiting, Queen Liliuokalani, Adam H Dickey & Mrs SK Kea-PP-98-13-007

March 7, 2016 by Peter T Young 1 Comment

Claims to the Crown Lands

Under King Kamehameha III, the most important event in the reformation of the land system in Hawai‘i was the separation of the rights of the King, the Chiefs, the Konohiki (land agents) and makaʻāinana (the native tenants.)

More than 240 of the highest ranking Chiefs and Konohiki in the Kingdom joined Kamehameha III in this task (generally referred to as the Great Māhele.) The first māhele, or division, of lands was signed on January 27, 1848; the last māhele was signed on March 7, 1848.

Each māhele was in effect a quitclaim agreement; in each māhele for lands for the King, the Chief or the Konohiki signed an agreement: “I hereby agree that this division is good. The lands above written are for the King. I have no more rights therein.”

The King retained all of his private lands as his individual property; one third of the remaining land was to be for the Hawaiian Government; one third for the Chiefs and Konohiki; and one third to be set aside for the tenants, the actual possessors and cultivators of the soil.

The high Chiefs and the lesser Konohiki were required to present their claims before the Land Commission to receive awards for the lands. Until an award for these lands was issued by the Land Commission, title to such lands remained with the government.

In the Māhele, of the approximate 10,000 awards, around 1,000,000-acres were reserved by King Kamehameha III as “Crown” lands, 1,500,000-acres were given by the King (as “Government” lands) to the ‘government and people’, approximately 1,500,000-acres were set aside for the Chiefs (as “Konohiki” lands) and less than 30,000-acres of land were awarded to the native tenants (Kuleana lands.)

Kamehameha III divided the lands he reserved for himself into two separate parts; the smaller portion he retained for his personal use (“Crown” lands); the larger portion he gave ‘to the Chiefs and people’ (“Government” lands.)

On June 7, 1848, Kamehameha III approved a Law, passed at the Council House, that listed respective ahupua‘a and ili that were “the private lands of His Majesty Kamehameha III … and said lands shall be regulated and disposed according to his royal will and pleasure subject to the rights of native tenants.”

Another long list of ahupua‘a and ili were noted as “the lands of the Hawaiian Government.” A shorter list of O‘ahu lands were “set apart for the use of the Fort in Honolulu, to be cultivated by soldiers and other tenants under the direction of the Governor of O‘ahu”. (An Act Relating to the Lands of His Majesty the King and the Government, 1848)

For a while, the ‘Crown’ lands were viewed and handled “to be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs and successors forever”. (An Act To Relieve The Royal Domain From Encumbrances, And To Render The Same Inalienable, 1865)

Kamehameha IV administered his land in much the same way as his uncle (as if it was his own private property.) In dispositions, Queen Emma joined him, waiving her right of dower in such lands.

Queen Emma was the first to make a claim to the Crown Lands as private property, with the death of Kamehameha IV.

She “claimed that all the property possessed by her late royal husband was his private property” and made claim of dower to one-half of the Crown Lands in the royal domain; the Attorney General opposed her claim, noting they constituted “a Royal Domain annexed to the Hawaiian Crown”.

Kamehameha V responded that he, as “hereditary successor to the throne, shall inherit the entire estate, both real and personal derived from his Majesty Kamehameha III, at his decease, and held by Kamehameha IV, the King lately deceased.”

The Hawai‘i Supreme Court, in deciding the Estate of Kamehameha IV noted, “In 1840 (Kamehameha III) granted the first Constitution by which he declared and established the equality before the law of all his subjects, chiefs, and people alike.”

“By that Constitution, he voluntarily divested himself of some of his powers and attributes as an absolute Ruler, and conferred certain political rights upon his subjects, admitting them to a share with himself in legislation and government. This was the beginning of a government as contradistinguished from the person of the King …”

“… who was thenceforth to be regarded rather as the executive chief and political head of the nation than its absolute governor. Certain kinds of public property began to be recognized as Government property, and not as the King’s.”

The Court noted, “These lands are to be in the perpetual keeping of the Legislative Council (Nobles and Representatives) or in that of the superintendents of said lands, appointed by them from time to time, and shall be regulated, leased, or sold, in accordance with the will of said Nobles and Representatives, for the good of the Hawaiian Government, and to promote the dignity of the Hawaiian Crown.”

The Court found, “while it was clearly the intention of Kamehameha III to protect the lands which he reserved to himself out of the domain which had been acquired by his family through the prowess and skill of his father, the conqueror, from the danger of being treated as public domain or Government property …”

“… it was also his intention to provide that those lands should descend to his heirs and successors, the future wearers of the crown which the conquerer had won; and we understand the act of 7th June, 1848, as having secured both those objects.” (Supreme Court Decision in the Matter of the Estate of Kamehameha IV, 1864)

The Crown Land stayed with the government and dower was acknowledged with Queen Emma, however there was a “settlement of a permanent annuity upon Queen Emma in lieu of her claim of dower in the royal domain.” (Alexander)

This litigation led to legislation which affirmed the decision of the court; on January 3, 1865, Kamehameha V approved an Act of the Legislative Assembly that initially noted …

“the history of said lands shows that they were vested in the King for the purpose of maintaining the Royal State and Dignity; and it is therefore disadvantageous to the public interest that the said lands should be alienated, or the said Royal Domain diminished.”

That 1865 law noted the Crown Lands “shall be henceforth inalienable, and shall descend to the heirs and successors of the Hawaiian Crown forever”.

The Act also noted that, “during the two late reigns, the said Royal Domain has been greatly diminished, and is now charged with mortgages to secure considerable sums of money” – the Law converted the mortgages to bonds. (An Act To Relieve The Royal Domain From Encumbrances, And To Render The Same Inalienable, 1865)

On the death of Kamehameha V, his half-sister, Ruth Keʻelikōlani, inherited his private lands, but the Crown Lands were held by the commissioners for the benefit of his successors.

Later (September 13, 1880,) Claus Spreckels purchased from Ruth Keʻelikōlani all her interest or claim in and to the Crown Lands. Rather than taking the issue to court, a compromise and an act was carried through the Legislature of 1882, where Spreckels received the ahupua‘a of Wailuku with ili and quitclaimed any interest in other Crown Lands. (Alexander)

“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.”

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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