Wednesday, May 23, 2018
Hawaiian Kingdom Legal Notice: 2018-0519 Konohiki Removal and Reminders that the Alodio Titles Conveyed by Kamehameha III - Kauikeaouli Continue to be Issues In the Hawaiian Islands
Hawaiian Kingdom Legal Notice: 2018-0519 Konohiki Removal and Reminders that the Alodio Titles Conveyed by Kamehameha III - Kauikeaouli Continue to be Issues In the Hawaiian Islands
Reviewed by Amelia Gora (2018)
One of the Konohiki for the Kewalo, Waikiki, Oahu named Maurice Eha Rosette has been removed with cause.
Maurice Eha Rosette is no longer a Konohiki assigned to Kewalo, Waikiki, Oahu.
Rosette's insistence that he is right about the alodio titles of his interpretation and failing to follow to Kamehameha III - Kauikeaouli's information means that he perpetuates documented crimes which defrauds all kanaka maoli/kanaka Hawaii maoli.
Rosette research is minimal, he has not been researching the primary documents located at the Archives, Bureau of Conveyances, Libraries, etc. and fails to see that the maneuvers to defraud kanaka maoli/kanaka Hawaii maoli in the past, and corrected through intensive researches of our Royal Families, et. als., is being challenged once again.
Rosette through his correspondence feels he has all the answers - based on his internet research - which places all kanaka maoli/ kanaka Hawaii maoli alodio titles in a defrauded status again because his claims are that all titles are Fee Simple.
Rosette's position is set to deny and injure all kanaka maoli/kanaka Hawaii maoli and he is subject to be sued by injured parties.
Rosette therefore, has been removed as a Konohiki with cause, and removed from association with our Royal Families with cause because the Royal Families do not support his claims.
Rosette is now on his own.
aloha.
The following shows a Chronological History of Land Titles in the Hawaiian Islands for all to know:
Chronological History of Land Titles in the Hawaiian Islands
Compiled by Amelia Gora (2018)
1810 - Kamehameha was recognized as having a Monarchy government.
Kamehameha owned all the lands in the Hawaiian archipelago.
The Russians recognized this as well.
1819 - Kamehameha died, his heir was Liholiho/Kamehameha II.
Kamehameha II - Liholiho owned all the lands in the Hawaiian archipelago.
1824 - Kamehameha II - Liholiho died.
1824 - Kauikeaouli/Kamehameha III was his heir, he was a full brother of Liholiho/Kamehameha II.
Kamehameha III owned all the lands in the Hawaiian archipelago.
The Hawaiian government is documented in the Rex vs. Booth case, HAWAIIAN REPORTS:
Reference: https://www.bing.com/images/search?q=kamehameha+iii+speech+of+1851+picture&id=FA7FC9599FA29BF2EAC0B11DFDDCDC6E4CEEDE7E&FORM=IQFRBA
1891 - W.D. Alexander, a Mason/Freemason who assisted in dethroning Queen Liliuokalani changed Kamehameha III's Kauikeaouli's information of alodio to kanaka maoli and fee simple to aliens:
Reference: http://iolani-theroyalhawk.blogspot.com/2017/10/wd-alexanders-fraud-filled-article.html
1929
1939
2018 - Maurice Eha Rosette along with Identity thieves Territory of Hawaii turned State of Hawaii with documented oppositions move to perpetuate the frauds, maneuvers in deceit, manipulation of terminologies, titles, deeds, and perpetuate the frauds documented over time which defrauds Kanaka maoli/ Kanaka Hawaii maoli.
Such people are genocide activists and cause injuries to the Royal Families, all kanaka maoli/kanaka Hawaii maoli and perpetuate crimes, War crimes on our people.
All should be arrested and charged under the permanent treaty of peace and amity from the time of 1849/1850 Treaty of the Hawaiian Kingdom and the United States and charged under the Article XIV.
The following memoir has some of the basic truths:
Summary
References:
Amelia Gora
P.O. Box 861781
Wahiawa, Hawaii 96786
In Propria Persona, a Royal Person
In the Land Court of the State of Hawaii
In the Matter of the Application of )Ld. Ct. App. No. 439 (amended)
) Ld Ct. Case No. 09-0300
PIONEER MILL COMPANY, LIMITED )
) OPPOSITION DOCUMENTED FOR THE RECORDS
) Written based on Oral Presentation February
To register title and confirm its title to land ) 29, 2016 in Court; Declaration
) Exhibits A - D; Cert.
Situate at Lahaina, Island and County of ) of Service
Maui, State of Hawaii, )
) Date: February 29, 2016
) Time:
) Judge: Gary W. B. Chang
And )
)
KAHOMA LAND LLC, )
) Trial Date: Week of April 4, 2016
Substituted Applicant as to Lots 1,2,3A, ) Trial Judge: Gary W. B. Chang
)
_______________________________________)
OPPOSITION DOCUMENTED FOR THE RECORDS
Written based on Oral Presentation February 29, 2016 in Court
I, Amelia Gora, In Propria Persona, a Royal Person, one of the descendants/heirs of Kamehameha through four (4) of his children: Kaoleioku, Kanekapolei (w), Kauikeaouli/Kamehameha III, and Kalanihelemaiiluna Paki; through his hanai/adopted children: George Hueu Davis, and Peke Davis, and through his stepchildren from Kalaniopuu – Alii Nui of Hawaii: 1) Kiwalao, 2) Kalaipaihala, 3) Manoua/Manowa (w), and Puali Nui (w). and through his stepchildren from Kaumualii – Alii Nui of Kauai: 1) Kinoiki (w), and 2) Haupu/ Kahekili (k), Also descendant of Kaaumoana/Kahakuahaakoi aka's the true trustee of Liliuokalani/Queen Liliuokalani/Kaeha/Makaeha aka's who made an agreement to care for the lands. Trust Agreement for Liliuokalani See Exhibit A.
INTERESTS CLAIMED
Interests claimed THROUGH my ancestors, Kamehameha, Kalaniopuu, and Kaumualii through their documented children as noted above, which includes others including Queen Liliuokalani's true trustee named Kaaumoana/Kahakuakoi aka's, Hueu Davis, Peke Davis who married George Humehume, Keawe, and Antonio Sylva (Mason)/Antonio Mason/Antone Sylva. First Filing - See Exhibit B.
ALIENS
Kamehameha III – Kauikeaouli granted alodio/Ano Alodio Lands and Fee Simple lands to Aliens.
Aliens are Not Entitled to Alodio/Ano Alodio Lands. Aliens are Not kanaka maoli or those given/granted/ gifted by Kauikeaouli/Kamehameha III as documented in his Speech of 1851.
LANDS ARE GRANTED FOREVER TO KANAKA MAOLI Only. See Exhibit C.
Reference: HAWAIIAN REPORTS 3-4 R.C. Wyllie, Minister of Foreign Relations, Honolulu to Alfred Blanche, Esquire, Councillor of State, Etc. Etc. ANNUAL REPORTS, Read Before HIS MAJESTY, to the Hawaiian Legislature, May 12, 1851 pages 3-4, KAHN Collection, 24/28 – 24/39 II, Archives, Honolulu, Oahu, Hawaii
Kanaka Maoli’s title are good against all in the world. “…the people’s lands were secured to them by the Constitution and laws of the Kingdom, and no power can convey them away, not even that of royalty itself.”
Reference: KEKIEKIE v. DENNIS (1851), HAWAIIAN REPORTS, 1851, pages 69-70.
The Hawaiian Government
“The Hawaiian Government was not established by the people; the Constitution did not emanate from them; they were not consulted in their aggregate capacity or in convention, and they had no direct voice in founding either the Government or the Constitution.”
Reference: REX v. JOSEPH BOOTH (1863), HAWAIIAN REPORTS, 1863, pages 616-644.
The State of Hawaii
The State of Hawaii, which evolved from the Territory of Hawaii claims to be the “successor of the Kingdom of Hawaii”, page 177 , In Re Title of Pa Pelekane, 21 Haw. 175, HAWAII REPORTS, Volume 21 pages 175-192.
The State of Hawaii, which evolved from the Territory of Hawaii are documented Identity Thieves and have assumed a friendly, neutral, non-violent nation and are Not our families heirs or successors.
Kamehameha’s heirs and successors exists and we are the Hawaiian Kingdom/Kingdom of Hawaii as defined in the Rex vs. Booth case, HAWAIIAN REPORTS, 1863, pages 630
The State of Hawaii are Not the successors nor are they related to our families who are living, breathing human beings.
Reference: In Re Title of Pa Pelekane, 21 Haw. 175, HAWAII REPORTS, Volume 21 pages 175-192.
Judicial Tribunal of the Kingdom of Hawaii/Hawaiian Kingdom
The Judicial Tribunal of the Kingdom of Hawaii/Hawaiian Kingdom did document PIONEER MILL COMPANY, LIMITED, KAHOMA LAND LLC, Et. Als. As Pirates, Pillagers, etc. applicable to the 1849/1850 Treaty of the Hawaiian Kingdom and the United States of America, article XIV applicable to pirates, pillagers, etc.
Documentation, notices have been e-mailed, mailed to U.S. President Obama. Exhibit D.
SUMMARY
Because of the evidence of Kamehameha III- Kauikeaouli’s speech, etc. recorded, I hereby oppose the “Aliens” PIONEER MILL COMPANY, LIMITED and KAHOMA LAND LLC et. Als. Because “Aliens “ are only entitled to Fee Simple, less than alodio/ano alodio as documented in the Speech of 1851 by Kamehameha III – Kauikeaouli. See Exhibit C.
PIONEER MILL COMPANY, LIMITED and KAHOMA LAND LLC et. Als. are documented “Aliens” and could only have a Fee Simple title and could not/cannot assume Alodio/Ano Alodio titles to lands in the Hawaiian Islands. They are and have been documented pirates, pillagers, etc. they cannot own Royal Families, kanaka maoli/native tenant rights from a Monarchy Government land system. They are Not the land owners or title owners.
The House of Representatives, the 1/3 part of the Hawaiian Kingdom/Kingdom of Hawaii which became the entity Provisional government, then the Republic of Hawaii, then the Territory of Hawaii, which evolved into the State of Hawaii with U.S. President Eisenhower's Executive Order, has caused injuries to our Royal Families and cannot proceed in these land cases because of the issue of Identity Theft documented in the Pa Pelekane case of 1912. See the Pa Pa Pelekane case and Exhibit C.
The claims to land, water, mineral rights, etc. is opposed because the Royal Families exist, including the rights of our families and myself because I am one of the alodio/ano alodial title owners granted by my ancestor Kamehameha III – Kauikeaouli for himself, his heirs, and successors….which does Not include identity thieves, the Territory turned State of Hawaii et. Als. See the Pa Pelekane case and Exhibit C.
The Treaty of 1849/1850 between the Hawaiian Kingdom and the United States of America is the supreme law of the land as documented in the U.S. Constitution. The Treaty also supersedes State and Federal laws. Under the Constitution of the United States the Judges are also bound by the Treaty.Also see Exhibit D.
The Royal Families exists with documented injuries by a identity thieving government documented in the Pa Pelekane case documented in 21 Haw. 175, HAWAII REPORTS, Volume 21 pages 175-192. Also see Exhibit C.
See Letter to the U.S. President Obama dated March 4, 2016 which covers the Treaty of 1849/1850, etc. See Exhibit D.
The case must be thrown out/removed because Aliens cannot own Alodio/Alodial lands belonging to our Royal Families and other kanaka maoli with Alodio/Alodial titles.
The Alodio/Alodial grants deeded by Kamehameha III - Kauikeaouli is forever to kanaka maoli and conveyance of interest is for a lifetime and the interest continues on with the descendants assuming the land until their life ends, then their heirs assume the lands, and on and on. Alodio/Alodial grants cannot be conveyed forever because we cannot deed out the interest of our descendants, etc.
Aliens were given only Fee Simple, and not forever lands such as our Alodio/Alodial grants by the King, Kamehameha III - Kauikeaouli.
The Hawaiian Kingdom/Kingdom of Hawaii is a Constitutional Monarchy government and Not the same as the American System which is documented as a Democratic, whose majority of the population rules based on the U.S. Constitution which is being currently challenged by the bankers who moved to usurp the U.S. since 1871, bankruptcy issues since 1933, etc. See Exhibit D.
The continued support and maintenance of the U.S. Constitution is had through the 1849/1850 Treaty of the Hawaiian Kingdom and the United States of America. The Nations that evolved out of the United States of America became the United States and the American Empire.
Kamehameha III/ Kauikeaouli's Treaty was made with the United States of America. Treaties with other nations with our neutral, friendly, non-violent nation stands.
I, Amelia Gora, maintain and deny that the State of Hawaii, which evolved from the Territory/ Territory of Hawaii is the "successor of the Kingdom of Hawaii" because I am one of the heirs and successors of Kamehameha III - Kauikeaouli as discovered through genealogies of 27+ years, history research of 30+ years, and legal research of 15+ years.
The Royal Families exists, including myself and oppose/deny the Plaintiff PIONEER MILL COMPANY, LIMITED and KAHOMA LAND LLC et. Als. Including the entity State of Hawaii from claiming properties, lands, mineral rights, etc. in the Hawaiian Islands/Hawaiian archipelago.
Declaration: I declare the above to be true and correct.
(signed) Amelia Gora dated 3/7/2016
Dated: March 4, 2016, Honolulu, Oahu, Hawaiian Kingdom/Kingdom of Hawaii/Hawaiian Islands/Ko Hawaii Pae Aina/He Mokupuni Pae Aina o Hawaii/Hawaii/Hawaiian archipelago
______________(signed)_____________________________________________________
Amelia Gora, a Royal person, Special Appearance, In Propria Persona, Acting
Liaison of Foreign Affairs, House of Nobles, Judicial Tribunal Member, having
Immunities etc.
A BRAND NEW RESEARCHER WITH ERRONEOUS INFORMATION ASKING TO BE SUED?!...……….
researched by Amelia Gora (2017)
Eha Rosete a former Konohiki of Kewalo Basin insisted on the following:
W.D. Alexander:
1891 - W.D. Alexander's Information:
1893- W.D. Alexander's Take:
Reviewed by Amelia Gora (2018)
One of the Konohiki for the Kewalo, Waikiki, Oahu named Maurice Eha Rosette has been removed with cause.
Maurice Eha Rosette is no longer a Konohiki assigned to Kewalo, Waikiki, Oahu.
Rosette's insistence that he is right about the alodio titles of his interpretation and failing to follow to Kamehameha III - Kauikeaouli's information means that he perpetuates documented crimes which defrauds all kanaka maoli/kanaka Hawaii maoli.
Rosette research is minimal, he has not been researching the primary documents located at the Archives, Bureau of Conveyances, Libraries, etc. and fails to see that the maneuvers to defraud kanaka maoli/kanaka Hawaii maoli in the past, and corrected through intensive researches of our Royal Families, et. als., is being challenged once again.
Rosette through his correspondence feels he has all the answers - based on his internet research - which places all kanaka maoli/ kanaka Hawaii maoli alodio titles in a defrauded status again because his claims are that all titles are Fee Simple.
Rosette's position is set to deny and injure all kanaka maoli/kanaka Hawaii maoli and he is subject to be sued by injured parties.
Rosette therefore, has been removed as a Konohiki with cause, and removed from association with our Royal Families with cause because the Royal Families do not support his claims.
Rosette is now on his own.
aloha.
The following shows a Chronological History of Land Titles in the Hawaiian Islands for all to know:
Chronological History of Land Titles in the Hawaiian Islands
Compiled by Amelia Gora (2018)
1810 - Kamehameha was recognized as having a Monarchy government.
Kamehameha owned all the lands in the Hawaiian archipelago.
The Russians recognized this as well.
1819 - Kamehameha died, his heir was Liholiho/Kamehameha II.
Kamehameha II - Liholiho owned all the lands in the Hawaiian archipelago.
1824 - Kamehameha II - Liholiho died.
1824 - Kauikeaouli/Kamehameha III was his heir, he was a full brother of Liholiho/Kamehameha II.
Kamehameha III owned all the lands in the Hawaiian archipelago.
The Hawaiian government is documented in the Rex vs. Booth case, HAWAIIAN REPORTS:
1843 - posted in 1869 Involving the United States, England, and France
1845 - 1846 - Kamehameha III - Kauikeaouli passed Section IV: "all aliens shall, as in Great Britain and the United States of America continue to be under the disabilities: ....3. They are not able to acquire any allodial or fee simple estate in lands"....
1848 - Mahele - a sharing - was made by Kamehameha III - Kauikeaouli.
Reference: http://iolani-theroyalhawk.blogspot.com/2017/10/wd-alexanders-fraud-filled-article.html
Reference: http://iolani-theroyalhawk.blogspot.com/2017/10/wd-alexanders-fraud-filled-article.html
1849 - 1850 - Kamehameha III - Kauikeaouli signed and ratified the Treaty with the United States of America. It is a permanent Friendship and Amity Treaty signed by Kamehameha III, his heirs and successors and the United States of America's President Taylor.
1850 - Fee Simple allowed with strings attached. The Judicial Tribunal would determine who would receive lands, etc.
Polynesian. (Honolulu [Oahu], Hawaii) 1844-1864, July 13, 1850, Page 35, Image 3
Image provided by University of Hawaii at Manoa; Honolulu, HI
Persistent link: http://chroniclingamerica.loc.gov/lccn/sn82015408/1850-07-13/ed-1/s...
Note: Fee Simple has strings attached............. aloha.
1851 - Kamehameha III - Kauikeaouli's speech shows two types of deeds, ano alodio/alodial to his subjects, etc. and fee simple for the Aliens (foreigners, haole).
Kamehameha III - Kauikeaouli's Speech of 1851 which shows that Alodio/Alodial Titles belongs to kanaka maoli ONLY and Fee Simple (less than alodio) was given to ALIENS...........he didn't call the foreigners haole, etc. but called foreigners ALIENS. ALIENS cannot own Alodio/Ano Alodial lands and lands belonging to the Royal Families.
Reference: https://www.bing.com/images/search?q=kamehameha+iii+speech+of+1851+picture&id=FA7FC9599FA29BF2EAC0B11DFDDCDC6E4CEEDE7E&FORM=IQFRBA
1891 - W.D. Alexander, a Mason/Freemason who assisted in dethroning Queen Liliuokalani changed Kamehameha III's Kauikeaouli's information of alodio to kanaka maoli and fee simple to aliens:
THE LAND COMMISSION.
"The "Act to organize the Executive Departments," which was passed in 1846, provided among other things for the appointment of a "Board of Commissioners to quiet Land Titles," which was to consist of five members, one of whom should be the Attorney-General of the Kingdom, and which was to exist for two years. The Commissioners took the oath of office and organized Feb. 11, 1846. Their powers, however, were repeatedly extended, and the Board was not finally dissolved until the 31st of March, 1855. Full powers were conferred upon this Board as a court of record, to investigate and finally confirm or reject all claims to land arising previously to December 10, 1845. Its decisions were only subject to appeal to the Supreme Court, which had to be made within ninety days after the date of the Award by the Land Commission. All persons were required to file their claims to land with this Board, or be forever barred of all rights to recover the same in the court of justice. And the titles of all lands which should not have been presented to this Board for confirmation on or before the 14th day of February, 1848, were declared to belong to the Hawaiian Government. (Vol. 2, p. 93.) Aliens were not allowed to acquire any fee simple or allodial title to land, but this disability has since been removed by the Act passed July 10th, 1850, p. 146."
"The Commissioners held their first meeting for regular business on the 4th of March, 1846. They worked with great zeal and energy, visiting every part of the Islands to meet the people, and give them an opportunity to present their claims. The rule had been laid down in advance that every piece of land should be surveyed at the claimant's expense before any award would be granted for it. The filing of claims, the taking of testimony, the surveying of boundaries, and the final awards, were the successive steps which had to be gone through with in every case. When we consider that the number of claims confirmed amounted to 11,309, we can appreciate the herculean task imposed upon the commissioners, and it is not surprising that evidences of haste, that inconsistencies and imperfections can occasionally be found in their work. The character of the surveys made for the Commission will be described further on. The awards were all recorded in ten huge folios, which were deposited in the Land Office. The charges to be paid by the claimants were slight, amounting to from $6.00 to $12.00 for each of the claims of native tenants, commonly known as "kuleana(s)."
A. Gora: Intense research is needed for these land issues, because as you know, the theft of lands were based on identity theft, manipulation of legalese over time/changing of words --- many new words were developed to defraud/deceive kanaka maoli over time.....try picking up an aged dictionary pre 1893 and another one dated thereafter you'll find that the meanings have changed/deliberately changed.....and the wrongs done to our nation was recorded as the 'greatest heist made by the U.S.'
Reference: http://iolani-theroyalhawk.blogspot.com/2017/10/wd-alexanders-fraud-filled-article.html
1929
Note: An article written by former Judge Bailey claimed that the two types of deeds, Alodio and Fee Simple were one and the same. Bailey documented "Alodio in Fee Simple" which merged the two (2) types of deeds and did not document was was written, passed into law by Kamehameha III - Kauikeaouli.
The indoctrination of lies continued by Bailey one of the promoters of lies, deception, fraud, genocide, etc.
Reference:
http://amelia-gora.blogspot.com/2016/11/legal-notice-no-2016-1122-re-alodio.html
INDICES OF AWARDS (1929) from the Main Library/Archives, Honolulu, Oahu, Hawaiian Islands.
See the following
eVols at University of Hawaii at Manoa: Indices of awards made by the ...
Indices of awards made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands ... LC Subject Headings: Land titles--Hawaii--Indexes
Indices of awards made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands ... LC Subject Headings: Land titles--Hawaii--Indexes
Land Awards - Indexes - Mahele Records at UHM Library - LibGuides ...
guides.library.manoa.hawaii.
May 6, 2016 - Indices of Awards Made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands, by Hawaii, Commission of Public Lands.
guides.library.manoa.hawaii.
May 6, 2016 - Indices of Awards Made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands, by Hawaii, Commission of Public Lands.Step 1: Find Land Commission Award Number - Mahele Indexes at ...
guides.library.manoa.hawaii.
Dec 7, 2015 - Indices of Awards Made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands, by Hawaii, Commission of Public Lands.
guides.library.manoa.hawaii.
Dec 7, 2015 - Indices of Awards Made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands, by Hawaii, Commission of Public Lands.[PDF]Māhele awards - University of Hawaii
www2.hawaii.edu/~speccoll/
Indexes. Author: Hawaii. Commission of Public Lands. Title: Indices of awards made by the Board of Commissioners to Quiet Land Titles in the. Hawaiian Islands.
www2.hawaii.edu/~speccoll/
Indexes. Author: Hawaii. Commission of Public Lands. Title: Indices of awards made by the Board of Commissioners to Quiet Land Titles in the. Hawaiian Islands.Hawai'i Land Documents - AVAKonohiki.org
Hawaiʻi Land Documents. As part of our gift to the ... Our current focus is centered around Land Commission Awards, commonly known as LCAs. Our goal is to ...
Hawaiʻi Land Documents. As part of our gift to the ... Our current focus is centered around Land Commission Awards, commonly known as LCAs. Our goal is to ...
[PDF]downloading the - AVAKonohiki.org
INDICES OF AWARDS. MADE BY. THE BOARD OF COMMISSIONERS. TO QUIET LAND TITLES. IN THE. HAWAIIAN ISLANDS. COMPILED AND PUBLISHED.
INDICES OF AWARDS. MADE BY. THE BOARD OF COMMISSIONERS. TO QUIET LAND TITLES. IN THE. HAWAIIAN ISLANDS. COMPILED AND PUBLISHED.
Papakilo Database
Historic Sites Database - State Historic Preservation Department's Index of Reports ... Kekahuna Collection of Maps and Articles; Index of Hawaiian Ethnological ... Ahupua'a Maps, Buke Mahele Index, Land Commission Award images and ...
Historic Sites Database - State Historic Preservation Department's Index of Reports ... Kekahuna Collection of Maps and Articles; Index of Hawaiian Ethnological ... Ahupua'a Maps, Buke Mahele Index, Land Commission Award images and ...
1939
"We own land in fee simple, that is we can buy it, sell it, lease it, and leave it to our heirs when we die. We can use only the land we buy or lease. We have no right to take the products of land which is not ours and no person can take the products of our land. No fee simple ownership existed in old Hawaii. Even the high chief did not own his land in the sense that we can own land. He owned it only as long as he controlled it, and the thing which made the system work was the labor of the common people who themselves owned nothing."
Reference: pages 56 - 58, IN HAWAII A Hundred Years (1939) by Helen Gay Pratt
Note: This book gives credits to Miss Bernice Judd, Librarian of the Hawaiian Mission Children's Society, and to Miss Maude Jones, Custodian of the Archives, for invaluable assistance in locating source materials and references; to Mr. Joseph F. Kunesh, Director of the Hawaii Territorial Planning Board, for preparing all the Hawaiian maps; to Mr. Thomas Maunupau and Mr. Henry Judd for translations from the Hawaiian; to the Pan-Pacific Press, the Navy Air Service, and the Army Air Service for supplying photographs; to Mr. Oren E. Long, Superintendent of Public Instruction and to Mr. Orrin W. Robinson, Deputy Superintendent of Public Instruction;....Mr. Henry Judd of the University of Hawaii; Mr. Edwin H. Bryan Jr., and Mr. Kenneth Emory of the Bishop Museum; and Mr. Hamilton P. Agee, formerly Director of the Hawaiian Sugar Planters' Experimental Station.
Also not that the above aided in the piracy, pillaging, the defrauding of our Ko Hawaii Pae Aina by using lies in the books prepared for the "schools of Hawaii; to the many school people and other friends in Hawaii and on the mainland who read the manuscript as it was being prepared..."
This lie filled book was intended to deceive, defraud, pirate, pillage our Ko Hawaii Pae Aina. Notice that the Army - Army Air Service, the Navy - Navy Air Service, and Federal Officials - Mr. Joseph F. Kunesh, Director of the Hawaii Territorial Planning Board participated in aiding the writer with information.
It was the Army, Navy, and Federal Officials who developed the Territorial Government as documented in the newspaper advertisement printed in 1939 in preparation for the 1940 issue of the 40 year Celebration of the Territory in Hawaii.
Note: Annexation was Illegal. See the following:
Search Results
Three Failed Attempts of Annexing the Hawaiian Islands - AlohaQuest
1 In violation of treaties and principles of customary international law, the United .... On April 25, 1898, after the failed annexation of the Hawaiian Islands, the ... to the Throne in accordance with Article 22 of the Constitution of 1864, due to the ...
1 In violation of treaties and principles of customary international law, the United .... On April 25, 1898, after the failed annexation of the Hawaiian Islands, the ... to the Throne in accordance with Article 22 of the Constitution of 1864, due to the ...
Overthrow of the Kingdom of Hawaii - Wikipedia
Jump to Republic, American annexation, statehood - Main articles: Provisional Government of Hawaii, Republic of Hawaii, ... The rationale behind annexationincluded a strong ... protesting what they considered an illegal transaction.
Jump to Republic, American annexation, statehood - Main articles: Provisional Government of Hawaii, Republic of Hawaii, ... The rationale behind annexationincluded a strong ... protesting what they considered an illegal transaction.
The Overthrow of the Monarchy - hawaii - independent & sovereign
www.hawaii-nation.org/soa.html
View this article text only, or just the images with captions .... an Annexation Club, plotting the overthrow of the queen and annexation to the United States. .... Lili`uokalani replied that according to Hawaiian law, the punishment for treason was ...
www.hawaii-nation.org/soa.html
View this article text only, or just the images with captions .... an Annexation Club, plotting the overthrow of the queen and annexation to the United States. .... Lili`uokalani replied that according to Hawaiian law, the punishment for treason was ...Was the 1898 annexation illegal? - Angelfire
But letters granting full diplomatic recognition to the Republic of Hawaii were ... If the annexation was illegal or never happened, then Hawai'i would legally still be an independent nation. ..... Here's a newspaper article reporting the event.
But letters granting full diplomatic recognition to the Republic of Hawaii were ... If the annexation was illegal or never happened, then Hawai'i would legally still be an independent nation. ..... Here's a newspaper article reporting the event.
Hawaiian Annexation [ushistory.org]
By the time the United States got serious about looking beyond its own borders to conquer new lands, much of the world had already been claimed. Only a few ...
By the time the United States got serious about looking beyond its own borders to conquer new lands, much of the world had already been claimed. Only a few ...
Was annexation legal? « Aloha 4 All
Article II, Sec 2, U.S. Constitution. The Newlands Resolution, annexing Hawaii, was approved by 2/3rds or more of those voting in both the Senate and House.
Article II, Sec 2, U.S. Constitution. The Newlands Resolution, annexing Hawaii, was approved by 2/3rds or more of those voting in both the Senate and House.
US Constitutional Law and Customary ... - Hawaiian Kingdom
Apr 26, 2015 - The purpose of this article is to address common misconceptions people have regarding territorial annexation as it relates to the Constitution of ...
Apr 26, 2015 - The purpose of this article is to address common misconceptions people have regarding territorial annexation as it relates to the Constitution of ...
U.S. Department of State's Website: Article on Hawaiian Annexation ...
Sep 16, 2014 - U.S. Department of State's Website: Article on Hawaiian Annexation.... of the War Report on Hawaii's Illegal occupation by the United States.
Sep 16, 2014 - U.S. Department of State's Website: Article on Hawaiian Annexation.... of the War Report on Hawaii's Illegal occupation by the United States.
The 1897 Petition Against the Annexation of Hawaii | National Archives
Aug 15, 2016 - Background When the Hawaiian islands were formally annexed by the United States in 1898, the event ... Resolution," passed Congress and was signed into law by President McKinley on July 7, 1898. ... Article Citation.
Aug 15, 2016 - Background When the Hawaiian islands were formally annexed by the United States in 1898, the event ... Resolution," passed Congress and was signed into law by President McKinley on July 7, 1898. ... Article Citation.
Hawaii is not legally a state! | WHAT REALLY HAPPENED
By the end of this article, you will know for yourself which one you are. ... to annexedterritory, to state, was done in violation of laws and treaties then in effect, .... He wrote the State Department urging annexation, saying, "The Hawaiian pear is ...
By the end of this article, you will know for yourself which one you are. ... to annexedterritory, to state, was done in violation of laws and treaties then in effect, .... He wrote the State Department urging annexation, saying, "The Hawaiian pear is ...
2004
Note: This article by Victoria Creed shows that she erroneously interprets the Alodio as Fee Simple.
Political History of the Royal Patents
Political History of the Royal Patents
Society for Hawaiian Archaeology Conference, 12-14 November 2004
Victoria S. Creed, Ph.D
Society for Hawaiian Archaeology Conference, 12-14 November 2004
Victoria S. Creed, Ph.D
Turning Hawaiian land into a commodity in the mid-19th century was envisioned by King Kamehameha III as a means of protecting the Hawaiian people from a land takeover by invading forces, by foreign businessmen as a means of providing investment incentives, and by the missionaries as a means of improving the tenant farmer/maka‘ainana status. Mining Waihona Aina database for Royal Patents we show how the government has dealt and continues to deal with some of the problems of this policy.
The Royal Patents are the final step in the Land Commission award process (see RP database at waihona.com). Changes in governmental policy, and political attitudes are reflected in 157 years of changed wording. Issued first in 1847, and still being issued in 2004 (as Land Patents) these documents show an array of evolving political positions and even a few fanciful ones. In this paper, I use the term Royal Patents to distinguish this series from the Land Grant Patents (sales of government lands), but, in fact, Royal Patent (or “Palapala Sila Nui”) is wording used for confirmation of both the Land Commission Awards and the Land Grant purchases. The word “Royal” was crossed off or left out in both sets of land transactions shortly after the overthrow of the Kingdom. Thereafter, they were often both titled Land Patents, still causing confusion in surveys and other documents, such as Boundary Commission records. No. 3606 was even entered in this series of Royal Patents by mistake by the government, who created the systems, when it actually belonged with the land grants; it was later transferred to the Land Grants system. The “Royal Patent” series, as I use the word, are the series of patents issued to claimants in the Land Commission records before and after the overthrow.
Background
The 14,456 Land Commission records (30,000+ documents) shown in our waihona.com records as the Mähele database, were produced within an incredibly short time-span (1846 to 1854) across the island chain and this snap-shot time period makes these documents unique recordings of any kingdom’s or government’s land holdings anywhere in the world. Although political and social reasoning and wide-spread disease and death kept some people from claiming their worked lands at all, and although the government disallowed other lands people had traditionally used and transferred them to others or to the government for a variety of other reasons, and although some residents eschewed the Land Commission process and bought their land outright as grants, nevertheless, the majority of land in the Hawaiian Islands is described with more and less detail in these records. The basic format of the Land Commission awards is a claim for land and a testimony which acts as an affidavit, declaring the claim is correct, or shows what is correct, so it may be awarded. Then the Commission awarded or rejected the claim. The award is either in fee simple (‘alodio), or “Freehold less than Allodial” (kuleana malalo o ke ‘ano ‘alodio). The second of these terms means the government still retains an interest and must be a party to mortgages, sales or exchanges (Indices of Awards, Section 1. Principles Adopted by the Board of Commissioners to Quiet Land Titles in their Adjudication of Claims presented to them, p. 10). Once awarded, the land had to be surveyed, and where boundaries were not obvious, unknown or contested, the Boundary Commissioners took over and tried to settle them. Once the boundaries were settled, the awardee could patent the land, for outright ownership for a fee. Many awards remained for a long time as “Freehold less than Allodial” because there was too much land for too few surveyors to document. At the time of patenting the patentee (or his heirs or assigns) pays the commutation fee or receives a fee waiver.
The 14,456 Land Commission records (30,000+ documents) shown in our waihona.com records as the Mähele database, were produced within an incredibly short time-span (1846 to 1854) across the island chain and this snap-shot time period makes these documents unique recordings of any kingdom’s or government’s land holdings anywhere in the world. Although political and social reasoning and wide-spread disease and death kept some people from claiming their worked lands at all, and although the government disallowed other lands people had traditionally used and transferred them to others or to the government for a variety of other reasons, and although some residents eschewed the Land Commission process and bought their land outright as grants, nevertheless, the majority of land in the Hawaiian Islands is described with more and less detail in these records. The basic format of the Land Commission awards is a claim for land and a testimony which acts as an affidavit, declaring the claim is correct, or shows what is correct, so it may be awarded. Then the Commission awarded or rejected the claim. The award is either in fee simple (‘alodio), or “Freehold less than Allodial” (kuleana malalo o ke ‘ano ‘alodio). The second of these terms means the government still retains an interest and must be a party to mortgages, sales or exchanges (Indices of Awards, Section 1. Principles Adopted by the Board of Commissioners to Quiet Land Titles in their Adjudication of Claims presented to them, p. 10). Once awarded, the land had to be surveyed, and where boundaries were not obvious, unknown or contested, the Boundary Commissioners took over and tried to settle them. Once the boundaries were settled, the awardee could patent the land, for outright ownership for a fee. Many awards remained for a long time as “Freehold less than Allodial” because there was too much land for too few surveyors to document. At the time of patenting the patentee (or his heirs or assigns) pays the commutation fee or receives a fee waiver.
Distinguishing Significance of Land Commission claims and Royal Patents
The Land Commission awards are the legal title of the land holder, and that claimant, his heirs or assigns (present owners), has/have legal standing in a court of law concerning that piece of land. It also provides informantion about the land and those who occupied it. Even when claims are not awarded, the claimant’s heirs have legal standing in a court of law concerning burials and artifacts uncovered. The importance of the Royal Patent for the land holder, is that the Government (whether Kingdom, Republic, Territory, or State) relinquishes its interest in the property (J. Achiu, 2004 and Jon J. Chinen, 2002) subject to qualifications, Since Statehood these qualifications have multiplied.
The Land Commission awards are the legal title of the land holder, and that claimant, his heirs or assigns (present owners), has/have legal standing in a court of law concerning that piece of land. It also provides informantion about the land and those who occupied it. Even when claims are not awarded, the claimant’s heirs have legal standing in a court of law concerning burials and artifacts uncovered. The importance of the Royal Patent for the land holder, is that the Government (whether Kingdom, Republic, Territory, or State) relinquishes its interest in the property (J. Achiu, 2004 and Jon J. Chinen, 2002) subject to qualifications, Since Statehood these qualifications have multiplied.
For the archaeologist, the importance of the the Land Commission claims is their location, description and cultural content. In the claims we have the land seen from the 1st person perspective, and in the testimony from a 3rd person perspective within the same time period. The importance of the Royal Patents is their finalized land survey (mentioning walls, fish ponds, roads, river beds) and the title history up to the time of patenting. This becomes an official, non-personal perspective which can be linked back to the other two perspectives. As an aside, the Land Grant series (LG database) has only this official perspective.
The Time Period of the Records of the Royal Patents
As I started transcribing the Royal Patents I was astounded to learn that we are still in the process of completing the Land Commission Board work today. I had thought all these land records were history! Through the year 2002, 8,738 of these Patents have been issued on the 8,574 Land Commission Awards. Of these, 208 are non-entries (“No patent issued”), 105 or more are duplicates and cancelled, and about 1500 of them are only portions of original Land Commission Awards. I am not ready to accurately calculate how many more patents could be executed, although it might be in the neighborhood of another thousand.
As I started transcribing the Royal Patents I was astounded to learn that we are still in the process of completing the Land Commission Board work today. I had thought all these land records were history! Through the year 2002, 8,738 of these Patents have been issued on the 8,574 Land Commission Awards. Of these, 208 are non-entries (“No patent issued”), 105 or more are duplicates and cancelled, and about 1500 of them are only portions of original Land Commission Awards. I am not ready to accurately calculate how many more patents could be executed, although it might be in the neighborhood of another thousand.
Form of the Royal Patent
The basic form of the Royal Patent is: a) a number, b) a statement that the Patent is in confirmation of a Land Commission claim, c) a statement that the Board of Commissioners award the land as either “Fee Simple” or as “Freehold less than Allodial;” and generally, the number of the Land Commission award, d) a statement that a commutation fee was due and paid, waived or not due, e) a statement showing the government representative i.e., King, Regent, Queen, Governor, or the State Director of the Department of Land and Natural Resources, grants the land to the patentee in fee simple, f) a statement showing where the land is situated by ‘ili or/and ahupua‘a, district, and island, g) a survey, h) An express exemption for rights of native tenants who have land within an awarded parcel (“Ua koe ke kuleana o na kanaka”), i) a paragraph stating the more or less exact amount of land, quantified by acre, fathom, rods roods, chains or square feet, j) a statement linking the patentee and the land in fee simple, subject to taxes, and as time goes by, to other qualifications. k) the final paragraph gives the date and the signatures of the contract, l) Sometimes there is an attachment overlaid showing fees paid.
The basic form of the Royal Patent is: a) a number, b) a statement that the Patent is in confirmation of a Land Commission claim, c) a statement that the Board of Commissioners award the land as either “Fee Simple” or as “Freehold less than Allodial;” and generally, the number of the Land Commission award, d) a statement that a commutation fee was due and paid, waived or not due, e) a statement showing the government representative i.e., King, Regent, Queen, Governor, or the State Director of the Department of Land and Natural Resources, grants the land to the patentee in fee simple, f) a statement showing where the land is situated by ‘ili or/and ahupua‘a, district, and island, g) a survey, h) An express exemption for rights of native tenants who have land within an awarded parcel (“Ua koe ke kuleana o na kanaka”), i) a paragraph stating the more or less exact amount of land, quantified by acre, fathom, rods roods, chains or square feet, j) a statement linking the patentee and the land in fee simple, subject to taxes, and as time goes by, to other qualifications. k) the final paragraph gives the date and the signatures of the contract, l) Sometimes there is an attachment overlaid showing fees paid.
The survey is the heart of the document and makes each patent unique.
Following the survey are the two basic qualifications for all patents until the time of the Territory: 1) the specific amount of land “excepting and reserving to the Hawaiian Government all mineral or metallic mines of every description” and 2) “subject to the taxes to be from time to time imposed by the Legislative Council equally, upon all landed property held in Fee Simple.” This wording does not significantly change during the entire monarchy. At the time of the territory, there are several patents with no qualification included (see 8378). Following Statehood, Reserving to the State of Hawaii, its successors and assigns, there is a list of 19 minerals, including coal, gold and silver, which are not geologically possible in our volcanic islands, but does include all geothermal resources, in, on, or under the land, fast or submerged, except for materials used in construction, like sand, gravel and rock.
In 1986 through 1998, reservations to the State include all surface and ground waters, and perhaps of interest to archaeologists “All prehistoric and historic remains found in, on or under said land.” This rule changed after the Historic Preservation Law was enacted. We see the tolerance of national government reflected in the qualifications 1986 up through the year 2000. The “Patentee shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, or a physical handicap.” In 1995 descrimination is forbidden against anyone with the HIV infenction. There are no 1999 patents, and there is a political shift to less tolerance or perhaps lack of care or need to be specific about intolerace, starting in the year 2000. In 2000 the 1986-1998 reservations are dropped, and we again have the reservation only of “all kinds of mines and minerals” of the earliest documents in this series.
Distribution of Patents Over Time
In the eight years after the enactment of the land reform, King Kamehameha III executed 1783 patents (average 222+ a year) . During the 8 ½ years of Kamehameha IV’s regnum he executed 3680 patents (average 433 a year). Kamehameha V processed 979 in 8 years (average 108 a year). One wonders what might have happened if Lunalilo had lived longer for in the one year in office, Lunalilo executed 783 patents. In King Kalakaua’s 17-year reign he executed 1077(?) patents (average 63 a year). Queen Liliu‘okalani executed 271 patents in her two years, as well as others in the name of Kalakaua when he was off visiting foreign lands (average 135 a year). Here is a preliminary analysis table of the entire time period.
In the eight years after the enactment of the land reform, King Kamehameha III executed 1783 patents (average 222+ a year) . During the 8 ½ years of Kamehameha IV’s regnum he executed 3680 patents (average 433 a year). Kamehameha V processed 979 in 8 years (average 108 a year). One wonders what might have happened if Lunalilo had lived longer for in the one year in office, Lunalilo executed 783 patents. In King Kalakaua’s 17-year reign he executed 1077(?) patents (average 63 a year). Queen Liliu‘okalani executed 271 patents in her two years, as well as others in the name of Kalakaua when he was off visiting foreign lands (average 135 a year). Here is a preliminary analysis table of the entire time period.
Table RPs (Preliminary Analysis)
Signer Regnum No. of years No. of RPs
King Kamehameha III 1825-1854 (1847-1854) 8 1783
King Alexander Liholiho, Kamehameha IV (Jan. 11) 1855-1863 (Nov.30) 8.5 3958
King Lot, Kamehameha V (Nov) 1863-1872 (Dec. 11) 9 270
King W.C. Lunalilo (Jan. 2) 1873-1874 (Feb. 3) 1 783
King David Kalakaua (Feb) 1874-1891 (Jan. 20) 17 1077
Queen Liliu‘okalani (Mar) 1891-1893 (July) 2 271
President Sanford B. Dole (July) 1893-1899 30 104
Governor Sanford B. Dole 1900-1903 (July) 3 64
Governor W. Carter (Sept) 1903-1907 4 31
Governor E. Mott-Smith. Act. Gov. 1907-1908 1 4
Governor W.F. Frear (Feb) 1908-1913 (Sept) 6 111
Governor L. Pinkham (Feb) 1914-1917 4 15
Governor C.J. McCarthy (Jan) 1918-1921 (Mar) 4 23
Governor W.R. Farrington (July) 1921-1927 (Oct) 6 19
R.C. Brown, Act. Gov. (Nov) 1927-1928 (Mar) 1 38
Governor W.R. Farrington (Apr) 1928-1929 (Jun) 1 44
Governor L. Judd (Aug) 1929-1934 6 30
C. Hite, Act. Gov 1934 1 2
Governor J.B. Poindexter 1934-1941 7 44
C. Hite & E.K. Kai, Act. Governors 1942 1 4
Governor I.M. Stainback 1943-1953 10 25
Governor S. King 1853-1957 4 15
Governor W.F. Quinn 1858-1962 5 23
1963 None
BLNR 1964-2000 36 yrs 120
Signer Regnum No. of years No. of RPs
King Kamehameha III 1825-1854 (1847-1854) 8 1783
King Alexander Liholiho, Kamehameha IV (Jan. 11) 1855-1863 (Nov.30) 8.5 3958
King Lot, Kamehameha V (Nov) 1863-1872 (Dec. 11) 9 270
King W.C. Lunalilo (Jan. 2) 1873-1874 (Feb. 3) 1 783
King David Kalakaua (Feb) 1874-1891 (Jan. 20) 17 1077
Queen Liliu‘okalani (Mar) 1891-1893 (July) 2 271
President Sanford B. Dole (July) 1893-1899 30 104
Governor Sanford B. Dole 1900-1903 (July) 3 64
Governor W. Carter (Sept) 1903-1907 4 31
Governor E. Mott-Smith. Act. Gov. 1907-1908 1 4
Governor W.F. Frear (Feb) 1908-1913 (Sept) 6 111
Governor L. Pinkham (Feb) 1914-1917 4 15
Governor C.J. McCarthy (Jan) 1918-1921 (Mar) 4 23
Governor W.R. Farrington (July) 1921-1927 (Oct) 6 19
R.C. Brown, Act. Gov. (Nov) 1927-1928 (Mar) 1 38
Governor W.R. Farrington (Apr) 1928-1929 (Jun) 1 44
Governor L. Judd (Aug) 1929-1934 6 30
C. Hite, Act. Gov 1934 1 2
Governor J.B. Poindexter 1934-1941 7 44
C. Hite & E.K. Kai, Act. Governors 1942 1 4
Governor I.M. Stainback 1943-1953 10 25
Governor S. King 1853-1957 4 15
Governor W.F. Quinn 1858-1962 5 23
1963 None
BLNR 1964-2000 36 yrs 120
The speed or lack of time during the monarchy may reflect the time required to do surveys and process papers after the initial awards.
There are a number of questions that come up during this work. The copy one receives of the patents is one copied from the original documents by a clerk. They don’t appear to be the original documents. One question is whether a patent is valid without signatures and a date. I’ve found one answer. Two Royal Patents were re-issued many years later with the signatures and dates added, by legal request. There are other patents that still are missing signature and dates and I don’t know whether they too will be submitted for re-issue and whether the originals include this information or not. Another question, is what happens when a patent is issued on a claim that was not awarded? You would think that this too is an illegal situation.
There are occasional pages missing. I checked with BLNR on one of these cases, and they don’t have the page either. Will the missing page exist anywhere?
I would like to factor in political events, such as the reciprocity treaty, the overthrow of the Kingdom and other significant events dealing with land here in Hawaii, but that study is premature until the database is entirely finished, since many consecutive documents exist in various different volumes.
Turning Hawaiian land into a commodity in the mid-19th century was envisioned by King Kamehameha III as a means of protecting the Hawaiian people from a wholesale-land takeover by an overlay culture, by foreign businessmen as a means of providing investment incentives, and by the missionaries as a means of improving the tenant farmer/maka‘ainana status. Today, we are still coming to grips with all of these problems.
1 Chinen, Jon J., The Geat Mahele: Hawaii’s Land division of 1848,” U.H. Press, 1958, p. 9.
2. Achiu, Jason, State Archives, personal comm., 2004, and Chinen Jon J., They cried for Help: The Hawaiian Land Revolution of the 1840s and 1850s, Philadelphia, Xlibris Corporation, 2004.
3. Waihona 'Aina Corp. purchased copies of all executed patents of this series, which are located at the Land Division of the Department of Land and Natural Resources.
4. This figure does not account for the Land Grant Patents which were being done simultaneously and are also still being “executed.”
5. Records of Kalakaua are interspersed throughout other monarchy records.
Reference:
http://amelia-gora.blogspot.com/2016/11/legal-notice-no-2016-1122-re-alodio.html
2. Achiu, Jason, State Archives, personal comm., 2004, and Chinen Jon J., They cried for Help: The Hawaiian Land Revolution of the 1840s and 1850s, Philadelphia, Xlibris Corporation, 2004.
3. Waihona 'Aina Corp. purchased copies of all executed patents of this series, which are located at the Land Division of the Department of Land and Natural Resources.
4. This figure does not account for the Land Grant Patents which were being done simultaneously and are also still being “executed.”
5. Records of Kalakaua are interspersed throughout other monarchy records.
Reference:
http://amelia-gora.blogspot.com/2016/11/legal-notice-no-2016-1122-re-alodio.html
2018 - Maurice Eha Rosette along with Identity thieves Territory of Hawaii turned State of Hawaii with documented oppositions move to perpetuate the frauds, maneuvers in deceit, manipulation of terminologies, titles, deeds, and perpetuate the frauds documented over time which defrauds Kanaka maoli/ Kanaka Hawaii maoli.
Such people are genocide activists and cause injuries to the Royal Families, all kanaka maoli/kanaka Hawaii maoli and perpetuate crimes, War crimes on our people.
All should be arrested and charged under the permanent treaty of peace and amity from the time of 1849/1850 Treaty of the Hawaiian Kingdom and the United States and charged under the Article XIV.
The following memoir has some of the basic truths:
Summary
Intense research is needed for these land issues, because as you know, the theft of lands were based on identity theft, manipulation of legalese over time/changing of words --- many new words were developed to defraud/deceive kanaka maoli over time.....try picking up an aged dictionary pre 1893 and another one dated thereafter you'll find that the meanings have changed/deliberately changed.....and the wrongs done to our nation was recorded as the 'greatest heist made by the U.S.'
Develop your conclusions by visiting the following sites:
theiolani.blogspot.com
http://archives1.dags.hawaii.gov/gsdl/cgi-bin/library?a=p&p=abo... The Probates available on the site:
This collection includes heavily used Hawaiian Kingdom probate case files in the Hawaii State Archives Judiciary Collection. So far only the following First Circuit Court Probate Case Files are available:
Probate No. 601, Estate of W. P. Leleiohoku
Probate No. 2409, Estate of Victoria Kaahumanu Kamamalu
Probate No. 2411, Estate of Kamehameha IV
Probate No. 2412, Estate of Kamehameha V
Probate No. 2413, Guardianship of William C. Lunalilo
Probate No. 2414, Estate of William C. Lunalilo
Probate No. 2425, Estate of Bernice Pauahi Bishop
Probate No. 2426, Estate of Charles Kanaina More cases will be added as they are requested by researchers and when these requests complete the digitization process.
Probate No. 601, Estate of W. P. Leleiohoku
Probate No. 2409, Estate of Victoria Kaahumanu Kamamalu
Probate No. 2411, Estate of Kamehameha IV
Probate No. 2412, Estate of Kamehameha V
Probate No. 2413, Guardianship of William C. Lunalilo
Probate No. 2414, Estate of William C. Lunalilo
Probate No. 2425, Estate of Bernice Pauahi Bishop
Probate No. 2426, Estate of Charles Kanaina More cases will be added as they are requested by researchers and when these requests complete the digitization process.
http://www.ulukau.org/gsdl2.7/cgi-bin/algene which can also be accessed at archives digital files
NATURE OF LAND COMMISSION AWARDS
"The Commissioners were not authorized to grant patents for land or to receive commutation. Their duty was to ascertain the nature and extent of each claimant's rights in land, and to issue an Award for the same which is prima facie evidence of title "and shall furnish as good and sufficient a ground upon which to maintain an action for trespass, ejectment or other real action against any other person or persons whatsoever, as if the claimant, his heirs or assigns had received a Royal Patent for the same," by Act approved July 20th, 1854. The holder of a Land Commission Award was entitled to receive a Royal Patent in fee-simple from the Minister of the Interior, on payment of the commutation to be agreed upon by His Majesty in Privy Council. In regard to this last, the Commissioners themselves state that "The share of Government or the body politic, to commuted for by any confirmed claimant wishing to obtain a fee-simple title, this Board understands from the evidence before it, to be one-third part of the value of the land without improvement which third part of unimproved value, being paid by the confirmed claimant, should extinguish the private rights of the King in the land, and leave such claimant an allodium." By a recent ruling of the Supreme Court in the case of the Ahupua'a of Papa'ikou, the value of land for purposes of commutation should be appraised as of the date of the Act."
A. Gora: The alodio/ano alodio system of the Monarchy/Constitutional Monarchy/Monarchical Government was locked into place since 1848.
The Supreme Court Justices acted outside of their duties, were treasonous for they made themselves superior to the Sovereign his heirs and successors, the House of Nobles, their heirs and successors from the 1884 period or shortly after Bernice Pauahi Bishop died.
The Supreme Court Justices, treasonous persons who assisted in dethroning Queen Liliuokalani did declare their rules to be laws, without the consent of the Sovereign, and the House of Nobles, who were the only two permanent branches of the three branches which made up the Hawaiian Government. The third branch was the House of Representatives, a temporary, voted in part of the Hawaiian Government which housed the Supreme Court Justices, the people who were not descendants/heirs and successors of the Sovereign and the House of Nobles. This group included kanaka maoli, subjects of the Hawaiian Kingdom, and others who were found out to have been American citizens/other citizens of other nations operating/conspiring against the Monarchy/Constitutional Monarchy/Monarchical Government.
Another website is posted after the HAWAIIAN REPORTS free e-book link, which is the 1822 Secret Treaty of Verona showing the pact/treaty made by Austria, France, Prussia, Russia, the U.S., England, and the Vatican.
The Hawaiian Kingdom/Kingdom of Hawaii/Ko Hawaii Pae Aina/Hawaiian Islands/Hawaiian Archipelago/Hawaiian archipelago was recognized as a Monarchy Government in 1810 during the reign of Kamehameha.
Upon Kamehameha's death in 1819, the Papal Bulls of 1492 was in place promoted by the Vatican, and replaced by the 1822 Secret Treaty of Verona.
U.S. Congressional records shows the continued discussion of the Secret Treaty of Verona.
The Secret Treaty of Verona's purpose was to break down Monarchical Governments worldwide and support a One World Order/New World Order Government.
Plundering Upon Innocents has occurred through the business of Wars, promoted by those aligned with the 1822 Secret Treaty of Verona, supported by the J.P. Morgan bankers who were investors of bankrupt U.S. and England. The Bank of England were also supporters.
Most recently, J.P. Morgan bankers closed down the Vatican Bank's account. See: http://www.thedailybeast.com/articles/2012/03/21/jp-morgan-chase-cl... March 2012 news.
Pope John Paul I was assassinated in 1978 after he planned to boot the clergy, Priests and Nuns from the Catholic Church if they belonged to the Masons/Freemasons. He had also planned to go over the assets of the Vatican Bank. Read the book IN GOD'S NAME http://www.amazon.com/In-Gods-Name-Investigation-Murder/dp/0786719842
Remind yourselves too that the assets of the Hawaiian Kingdom was stolen - $279,000+, borrowed by Charles Reed Bishop - $2-3 Million Dollars, Gold Bullions, Silver, and the Gold Coins dubbed "Coins of the Realm" which was housed at the Bishop Bank/First Hawaiian Bank, transferred to the American Savings Bank and used by the illegal State of Hawaii for building loans, etc. along with the Bonds of the Hawaiian Kingdom, etc.
Plundering Upon Innocents including the Hawaiian Archipelago/archipelago is on the records along with others nations. See: http://maoliworld.com/forum/topics/plundering-upon-innocentsetc.
The continued move towards the New World Order/One World Order expressed itself in the League of Nations, the Council of Foreign Relations/CFR which is made up of bankers, the United States, and England the developers of the United Nations with goals of exterminating people of color, etc.
The wrongs done against a neutral, friendly, non-violent nation with the Sovereigns and House of Nobles descendants/heirs existing while exposing all the criminal activities, the Truths, the conspiracies, piracies, the wrongs, wickedness promoting continued Wars against other Nations and their people is Not O.K.
The Permanent Treaties with the U.S. and other Nations existing remains in the hands of the Royal Families in Hawaii with evidence outstanding and issues remain unresolved.
The True Land owners are here and have reasons showing why the U.S. has no titles to lands in the Hawaiian Archipelago/archipelago, etc.
Oppositions to the Rail System, development with Pirate companies, Trusts of the Alii claimed by terrorists/treasonous persons, GMO's/Monsanto etc. and other toxic making industries, claims to alodio/ano alodio lands, Crown Lands wrongfully dubbed as ceded lands, genocide, etc. continues.
aloha.
References:
Sunday, March 27, 2016
Addressing Pirates, Pillagers......
ADDRESSING PIRATES, PILLAGERS.......A Judge States It Is Our Duty to Submit Information............So, How Do Tell A Judge that He and the Others are Illegal, Not Lawful?
Tags: 1849/50, Article, Conversions, Criminal, Fraud, Invoking, Mercenaries, Pillagers, Pirates, Privateers, More…
Tuesday, March 8, 2016
Identity Theft by the entity State of Hawaii, Aliens Cannot Own Alodio lands of the Roya Families, the Case needs to be Shut Down, etc.
Amelia Gora
P.O. Box 861781
Wahiawa, Hawaii 96786
In Propria Persona, a Royal Person
In the Land Court of the State of Hawaii
In the Matter of the Application of )Ld. Ct. App. No. 439 (amended)
) Ld Ct. Case No. 09-0300
PIONEER MILL COMPANY, LIMITED )
) OPPOSITION DOCUMENTED FOR THE RECORDS
) Written based on Oral Presentation February
To register title and confirm its title to land ) 29, 2016 in Court; Declaration
) Exhibits A - D; Cert.
Situate at Lahaina, Island and County of ) of Service
Maui, State of Hawaii, )
) Date: February 29, 2016
) Time:
) Judge: Gary W. B. Chang
And )
)
KAHOMA LAND LLC, )
) Trial Date: Week of April 4, 2016
Substituted Applicant as to Lots 1,2,3A, ) Trial Judge: Gary W. B. Chang
)
_______________________________________)
OPPOSITION DOCUMENTED FOR THE RECORDS
Written based on Oral Presentation February 29, 2016 in Court
I, Amelia Gora, In Propria Persona, a Royal Person, one of the descendants/heirs of Kamehameha through four (4) of his children: Kaoleioku, Kanekapolei (w), Kauikeaouli/Kamehameha III, and Kalanihelemaiiluna Paki; through his hanai/adopted children: George Hueu Davis, and Peke Davis, and through his stepchildren from Kalaniopuu – Alii Nui of Hawaii: 1) Kiwalao, 2) Kalaipaihala, 3) Manoua/Manowa (w), and Puali Nui (w). and through his stepchildren from Kaumualii – Alii Nui of Kauai: 1) Kinoiki (w), and 2) Haupu/ Kahekili (k), Also descendant of Kaaumoana/Kahakuahaakoi aka's the true trustee of Liliuokalani/Queen Liliuokalani/Kaeha/Makaeha aka's who made an agreement to care for the lands. Trust Agreement for Liliuokalani See Exhibit A.
INTERESTS CLAIMED
Interests claimed THROUGH my ancestors, Kamehameha, Kalaniopuu, and Kaumualii through their documented children as noted above, which includes others including Queen Liliuokalani's true trustee named Kaaumoana/Kahakuakoi aka's, Hueu Davis, Peke Davis who married George Humehume, Keawe, and Antonio Sylva (Mason)/Antonio Mason/Antone Sylva. First Filing - See Exhibit B.
ALIENS
Kamehameha III – Kauikeaouli granted alodio/Ano Alodio Lands and Fee Simple lands to Aliens.
Aliens are Not Entitled to Alodio/Ano Alodio Lands. Aliens are Not kanaka maoli or those given/granted/ gifted by Kauikeaouli/Kamehameha III as documented in his Speech of 1851.
LANDS ARE GRANTED FOREVER TO KANAKA MAOLI Only. See Exhibit C.
Reference: HAWAIIAN REPORTS 3-4 R.C. Wyllie, Minister of Foreign Relations, Honolulu to Alfred Blanche, Esquire, Councillor of State, Etc. Etc. ANNUAL REPORTS, Read Before HIS MAJESTY, to the Hawaiian Legislature, May 12, 1851 pages 3-4, KAHN Collection, 24/28 – 24/39 II, Archives, Honolulu, Oahu, Hawaii
Kanaka Maoli’s title are good against all in the world. “…the people’s lands were secured to them by the Constitution and laws of the Kingdom, and no power can convey them away, not even that of royalty itself.”
Reference: KEKIEKIE v. DENNIS (1851), HAWAIIAN REPORTS, 1851, pages 69-70.
The Hawaiian Government
“The Hawaiian Government was not established by the people; the Constitution did not emanate from them; they were not consulted in their aggregate capacity or in convention, and they had no direct voice in founding either the Government or the Constitution.”
Reference: REX v. JOSEPH BOOTH (1863), HAWAIIAN REPORTS, 1863, pages 616-644.
The State of Hawaii
The State of Hawaii, which evolved from the Territory of Hawaii claims to be the “successor of the Kingdom of Hawaii”, page 177 , In Re Title of Pa Pelekane, 21 Haw. 175, HAWAII REPORTS, Volume 21 pages 175-192.
The State of Hawaii, which evolved from the Territory of Hawaii are documented Identity Thieves and have assumed a friendly, neutral, non-violent nation and are Not our families heirs or successors.
Kamehameha’s heirs and successors exists and we are the Hawaiian Kingdom/Kingdom of Hawaii as defined in the Rex vs. Booth case, HAWAIIAN REPORTS, 1863, pages 630
The State of Hawaii are Not the successors nor are they related to our families who are living, breathing human beings.
Reference: In Re Title of Pa Pelekane, 21 Haw. 175, HAWAII REPORTS, Volume 21 pages 175-192.
Judicial Tribunal of the Kingdom of Hawaii/Hawaiian Kingdom
The Judicial Tribunal of the Kingdom of Hawaii/Hawaiian Kingdom did document PIONEER MILL COMPANY, LIMITED, KAHOMA LAND LLC, Et. Als. As Pirates, Pillagers, etc. applicable to the 1849/1850 Treaty of the Hawaiian Kingdom and the United States of America, article XIV applicable to pirates, pillagers, etc.
Documentation, notices have been e-mailed, mailed to U.S. President Obama. Exhibit D.
SUMMARY
Because of the evidence of Kamehameha III- Kauikeaouli’s speech, etc. recorded, I hereby oppose the “Aliens” PIONEER MILL COMPANY, LIMITED and KAHOMA LAND LLC et. Als. Because “Aliens “ are only entitled to Fee Simple, less than alodio/ano alodio as documented in the Speech of 1851 by Kamehameha III – Kauikeaouli. See Exhibit C.
PIONEER MILL COMPANY, LIMITED and KAHOMA LAND LLC et. Als. are documented “Aliens” and could only have a Fee Simple title and could not/cannot assume Alodio/Ano Alodio titles to lands in the Hawaiian Islands. They are and have been documented pirates, pillagers, etc. they cannot own Royal Families, kanaka maoli/native tenant rights from a Monarchy Government land system. They are Not the land owners or title owners.
The House of Representatives, the 1/3 part of the Hawaiian Kingdom/Kingdom of Hawaii which became the entity Provisional government, then the Republic of Hawaii, then the Territory of Hawaii, which evolved into the State of Hawaii with U.S. President Eisenhower's Executive Order, has caused injuries to our Royal Families and cannot proceed in these land cases because of the issue of Identity Theft documented in the Pa Pelekane case of 1912. See the Pa Pa Pelekane case and Exhibit C.
The claims to land, water, mineral rights, etc. is opposed because the Royal Families exist, including the rights of our families and myself because I am one of the alodio/ano alodial title owners granted by my ancestor Kamehameha III – Kauikeaouli for himself, his heirs, and successors….which does Not include identity thieves, the Territory turned State of Hawaii et. Als. See the Pa Pelekane case and Exhibit C.
The Treaty of 1849/1850 between the Hawaiian Kingdom and the United States of America is the supreme law of the land as documented in the U.S. Constitution. The Treaty also supersedes State and Federal laws. Under the Constitution of the United States the Judges are also bound by the Treaty.Also see Exhibit D.
The Royal Families exists with documented injuries by a identity thieving government documented in the Pa Pelekane case documented in 21 Haw. 175, HAWAII REPORTS, Volume 21 pages 175-192. Also see Exhibit C.
See Letter to the U.S. President Obama dated March 4, 2016 which covers the Treaty of 1849/1850, etc. See Exhibit D.
The case must be thrown out/removed because Aliens cannot own Alodio/Alodial lands belonging to our Royal Families and other kanaka maoli with Alodio/Alodial titles.
The Alodio/Alodial grants deeded by Kamehameha III - Kauikeaouli is forever to kanaka maoli and conveyance of interest is for a lifetime and the interest continues on with the descendants assuming the land until their life ends, then their heirs assume the lands, and on and on. Alodio/Alodial grants cannot be conveyed forever because we cannot deed out the interest of our descendants, etc.
Aliens were given only Fee Simple, and not forever lands such as our Alodio/Alodial grants by the King, Kamehameha III - Kauikeaouli.
The Hawaiian Kingdom/Kingdom of Hawaii is a Constitutional Monarchy government and Not the same as the American System which is documented as a Democratic, whose majority of the population rules based on the U.S. Constitution which is being currently challenged by the bankers who moved to usurp the U.S. since 1871, bankruptcy issues since 1933, etc. See Exhibit D.
The continued support and maintenance of the U.S. Constitution is had through the 1849/1850 Treaty of the Hawaiian Kingdom and the United States of America. The Nations that evolved out of the United States of America became the United States and the American Empire.
Kamehameha III/ Kauikeaouli's Treaty was made with the United States of America. Treaties with other nations with our neutral, friendly, non-violent nation stands.
I, Amelia Gora, maintain and deny that the State of Hawaii, which evolved from the Territory/ Territory of Hawaii is the "successor of the Kingdom of Hawaii" because I am one of the heirs and successors of Kamehameha III - Kauikeaouli as discovered through genealogies of 27+ years, history research of 30+ years, and legal research of 15+ years.
The Royal Families exists, including myself and oppose/deny the Plaintiff PIONEER MILL COMPANY, LIMITED and KAHOMA LAND LLC et. Als. Including the entity State of Hawaii from claiming properties, lands, mineral rights, etc. in the Hawaiian Islands/Hawaiian archipelago.
Declaration: I declare the above to be true and correct.
(signed) Amelia Gora dated 3/7/2016
Dated: March 4, 2016, Honolulu, Oahu, Hawaiian Kingdom/Kingdom of Hawaii/Hawaiian Islands/Ko Hawaii Pae Aina/He Mokupuni Pae Aina o Hawaii/Hawaii/Hawaiian archipelago
______________(signed)_____________________________________________________
Amelia Gora, a Royal person, Special Appearance, In Propria Persona, Acting
Liaison of Foreign Affairs, House of Nobles, Judicial Tribunal Member, having
Immunities etc.
*************************
Exhibit A
Queen Liliuokalani's True Trustee Agreement - Liber 178
The Fraud Trust filed the Agreement in their Trust.
Queen Liliuokalani denied signing the Trust with Damon, Iaukea, et. als. and documented that fact in her herWill
Exhibit B
Initial filing of interest made.
Exhibt C
Kamehameha III - Kauikeaouli's Speech of 1851 which shows that Alodio/Alodial Titles belongs to kanaka maoli ONLY and Fee Simple (less than alodio) was given to ALIENS...........he didn't call the foreigners haole, etc. but called foreigners ALIENS. ALIENS cannot own Alodio/Ano Alodial lands and lands belonging to the Royal Families.
Exhibit D - Legal Notice to U.S. President Obama, et. als. See: http://tribunalaffairs.blogspot.com/2016/03/legal-notice-judicial-tribunal-march-3.html
| Royal Families Legal Notice - About Royal Families Personal Properties, etc. |
| HK MAGAZINE | Tue, May 15, 2018 at 11:25 PM | |
To: Amelia Gora
| ||
A BRAND NEW RESEARCHER WITH ERRONEOUS INFORMATION ASKING TO BE SUED?!...……….
researched by Amelia Gora (2017)
Eha Rosete a former Konohiki of Kewalo Basin insisted on the following:
"IM ON NO ONES SIDE, AND I COULD NOT GIVE A HOOT WHO THINKS WHAT OF ME! I GET ALL MY ROYAL PATENT INFORMATION ONLINE NOW AND DON'T HAVE TO GO TO THE ARCHIVE, NOT UNLESS YOUR LOOKING AT GRANDOR OR GRANTEE TITLES, WHICH IS USELESS, THERE ALL "FEE SIMPLE" AND NOT LCA OR RPS. GOT ALL THAT INFO AT MY FINGERTIPS SAVED ONLINE!! TECHNOLOGY, NOT THE HARD WAY?!
GOOD LUCK, NOTHING AGAINST YOU OR YOUR FAMILY GENEALOGY, JUST TRYING TO BRING THE REAL TRUTH OUT ABOUT THE CEDING OF LAND FOR ALLODIAL TITLES. AND YES, KING KAMEHAMEHA 3 IS THE FIRST KING TO DO THIS WITH HIS CHIEFS, FIRST IN INTERNATIONAL ALLODIAL TITLE LAWS , COMMON LAW , AND NOT HAWAIIAN KINGDOM LAWS."
Say what?
All Info at his fingertips saved on line?
Some of the information also known as disinformation on the internet is erroneous...……..I thought computer teachers would be teaching students that....
W.D. Alexander:
1891 - W.D. Alexander's Information:
Land Tenure In Ko Hawaii Pae Aina
A BRIEF HISTORY OF LAND TITLES
IN THE HAWAIIAN KINGDOM
IN THE HAWAIIAN KINGDOM
BY W.D. ALEXANDER,
Superintendent of Government Survey, 1891.
Superintendent of Government Survey, 1891.
The ancient system of land titles in the Hawaiian Islands was entirely different from that of tribal ownership prevailing in New Zealand, and from the village or communal system of Samoa, but bore a remarkable resemblance to the feudal system that prevailed in Europe during the Middle Ages. Although this system of land tenure was radically changed by the peaceful and beneficient revolution which took place during the reign of Kamehameha III, yet the ancient subdivisions of land remain unchanged to the present day.
ANCIENT SUBDIVISIONS OF LAND.
This branch of the subject has been admirably treated by Mr. C.J. Lyons in the Islander, published in 1875. In the first place, each island was divided into several Moku or Districts, of which there are six in the island of Hawaii, and the same number in Oahu. There is a district called Kona on the lee side, and one called Ko’olau on the windward side of almost every island. On Maui there are some sub-districts called Okana(s), of which there are five in the Hana district, while Lahaina is termed a Kalana.
The next subdivision of land below the Moku is the Ahupua’a, which has been termed the unit of land in the Hawaiian system. Its name, as explained by Mr. Lyons, “is derived from the Ahu or alter, which was erected at the point where the boundary of the land was intersected by the main road alaloa, which encircled each of the islands. Upon this alter, at the annual progress of the akua makahiki (i.e. year god), Lonomakua, was deposited the tax paid by the land whose boundary it marked, and also an image of a hog, pua’a, carved out of kukui wood and stained with red ochre.” The typical Ahupua’a is a long narrow strip extending from the sea to the mountain, so that its chief may have his share of all the various products of the uka or mountain region, the cultivated land, and the kai or sea. On east Maui the principal lands all radiate from a large rock on the northeast brink of the crater of Haleakala, called Palaha. Eight ahupua’a(s), one in each district of East Maui, meet at this rock. The Ahupua’a(s) are extremely unequal. In several districts a few larger ahupua’a(s), widening as they extend inland, cut off all the smaller lands and take the whole mountain to themselves. The same lands generally monopolized the deep sea fisheries, leaving to the smaller ahupua’a(s) only the fishery along their shores, where the water was not more than five feet deep. On Maui the lands of Waikapu and Wailuku appropriated almost the whole of the isthmus so as to cut off half of the lands in the district of Kula from access to the sea. These two ahupua’a(s), together Wai’ehu and Waihe’e, which were independent, belonging to no Moku, were called Na Poko, and have been formed into a district in modern times. While some districts are regularly divided up into ahupua’a(s) averaging only a quarter of a mile in width and several miles in length; in others we find ahupua’a(s) like Honouliuli, in O’ahu, which contains over forty thousand acres, or the four great mountain lands of Hawai’i, viz: Kahuku, Keauhou, Humu’ula and Ka’ohe, of which the first mentioned contains 184,000 acres, mostly on the mountains. “The divisions of the lands were to a great extent made on rational lines, following a ridge, the bottom of a ravine or depression, but they were often without these and sometimes in disregard of them. Sometimes a stone or rock known to the aboriginals and notable from some tradition, or sacred uses, kind of tree, herb or grass, the habitat of a certain kind of bird, sometimes made a division. Certain persons were specially taught and made the repositories of this knowledge, which was carefully delivered from father to son.” (Hawaiian Reports, Vol. IV, p. 241)
SUBDIVISIONS OF THE AHUPUA’A.
The Ahupua’a(s) were generally but not always subdivided into ‘Ili(s), each with its own name and carefully defined boundary. As was recognized by the decision of the Supreme Court in the Kane’ohe case, in 1877, there were two kinds of ‘Ili(s) of which the first was a mere subdivision of the Ahupua’a for the convenience of the chief holding the same, who received its revenues from his konohiki or agent. The other class comprised the “‘Ili Kupono” or “Ku,” which were independent of the Ahupua’a, and generally did not pay tribute to its chief. Thus the transfer of the Ahupua’a to a new chief did not affect the ownership of the ku contained within its limits. In some cases these “Ili(s) absorb the greater part of the Ahupua’a in which they are situated. A well-known case is the Ahupua’a of Waimea, Hawai’i, of which the independent ‘Ili(s) of Pu’ukapu and Waikoloa form about nine-tenths. The same is true of the Ahupua’a of Waikele in ‘Ewa. In fact, there are some ‘Ili(s) that do not seem to be included in any Ahupua’a, as for instance, the ‘Ili(s) of Honolulu, which is the same of the locality, but not of an Ahupua’a.
Another peculiarity of the ‘Ili, on O’ahu at least, is that it often consists of several distinct sections of land in different parts of the Ahupua’a, which are called lele(s), i.e. “jumps.” Thus many lands in Waikiki have their corresponding patches of taro land and forest in Waikiki and Manoa valleys. The taro lands of Wailupe are found in Palolo valley. In Kalihi, and also in the district of ‘Ewa, are ‘Ili(s) which consist of eight or ten scattered lele(s) apiece, included under one title. Each of these pieces may be spoken of either by its own individual name or by that of the whole ‘Ili, which practice is a fruitful source of confusion. The ‘Ili(s) were again minutely subdivided, and many of the larger patches had individual names. The patches cultivated exclusively for the chief were called koele or hakuone. In more recent times they were styled Poalima (i.e. Fridays), from the fact that the tenants of the land were formerly obliged by law to labor for their chief on Fridays. The narrow strips of cultivated dry land, separated by ridges of stones, are called Mo’o. These ridges or iwi frequently serve as boundaries between Ahupua’a(s) and ‘Ili(s). This minute subdivision of the land and the great multiplicity of local names bear witness to the dense population that must have existed in ancient times.
ANCIENT SYSTEM OF LAND TENURE.
The nature of the ancient system of the land tenure in this Kingdom is clearly stated in the “Principles adopted by the Board of Commissioners to quiet land titles,” which were approved by the Legislative Council, Oct. 26th, 1846. It is therein declared that “When the islands were conquered by Kamehameha I., he followed the example of his predecessors, and divided out the lands among his principal warrior chiefs, retaining, however, a portion in his own hands to be cultivated or managed by his own immediate servants or attendants. Each principal chief divided his lands anew and gave them out to an inferior order of chiefs by whom they were subdivided again and again, often passing through the hands of four, five or six persons from the King down to the lowest class of tenants. All these persons were considered to have rights in the lands or the productions of them, the proportions of which rights were not clearly defined, although universally acknowledged. All persons possessing landed property, whether superior landlords, tenants or sub-tenants, owed and paid to the King not only a land tax, which he assessed at pleasure, but also service which was called for at discretion, on all the grades from the highest down. They also owed and paid some portion of the production of the land in the addition to the yearly taxes. A failure to render any of these was always considered a just cause for which to forfeit the lands. The same rights which the King possessed over the superior landlords and all under them, the various grades of landlords possessed over their inferiors, so that there was a joint ownership of the land, the King really owning the allodium, and the persons in whose hands he placed the land, holding it in trust.” The tenures might be considered feudal, except that military service was not the principal condition on which they were held. The land taxes mentioned above were really rent, and by ancient usage went to the King as his private income or revenue. The ideas of a Nation and of a Government as distinguished from the person of the King first began to be recognized in the Constitution of 1840. All lands forfeited for non-payment of taxes reverted to him. His consent was necessary for any transfers of real estate in the Kingdom, and for real mortgages also or for seizure of land for debt. (Old Laws, p. 179.) When the labor tax first began to be regulated by law, every tenant was required to work one day in every week (Tuesday) for the King, and one day (Friday) for the landlord. This tax was reduced in 1840 to 36 days in the year for the King, and an equal number for the landlords. But “those landlords who did not belong to the National Council, had to pay to the King one-tenth part of all the avails of their labor days.” (Old Laws, p. 51.) The above arrangement illustrates the nature of the joint ownership explained above.
Ancient history affords many illustrations of these views. Judge Fornander states that “It had been the custom since the days of Keawenui-a-Umi on the death of the Mo’i (King) and the accession of a new one, to redivide and distribute the land of the island between the chiefs and favorites of the new monarch.” (Vol. 2, p. 300.) This custom was repeatedly the occasion of a civil war. But during the long reign of Kamehameha the leading families of chiefs enjoyed a greater degree of permanence and security in the possession of their lands than had been previously know, and on the accession of his son Liholiho no general redistribution of lands took place. The common people were mere tenants at will, liable to be dispossessed at any time, and even to be stripped of their personal property at the will of their chiefs. In some respects their condition was not improved by the advent of civilization and the cessation of civil wars. Formerly chiefs lived on their lands, personally attended to their cultivation, and took a strong interest in the prosperity of their vassals, on whom they had to depend in time of war. But when the centralizing policy of the Conqueror and the attractions of the capital had drawn them away from their lands, they were succeeded by rapacious agents or konohiki(s), and the old feudal ties gradually lost their power. Besides commerce introduced new luxuries and new wants which led the chiefs into debts which they had no means of paying except by increased exactions on their people, until as David Malo expressed it, “Debt was far more oppressive than war.”
Laws were passed in 1839 and 1840 to prevent evictions without cause, and the wanton seizure of the property of tenants, but proved to be totally inadequate. Convinced that the ancient system was incompatible with their further progress in civilization, the King and chiefs resolved to separate and define the undivided shares which individual held in the lands of the Kingdom. After long and patient investigation it was finally settled that there were but three classes of persons having vested rights in the lands; 1st the King, 2nd the chiefs, and 3rd the tenants. The Land Commission decided that if the King should allow to the landlords one-third, to the tenants one-third, and retain on-third himself, “he would injure no one unless himself.” The history of the several steps by which this division was carried out, and the work of centuries compressed into as many years, would be of the highest interest, but our limits will only admit of the barest outline.
THE LAND COMMISSION.
The “Act to organize the Executive Departments,” which was passed in 1846, provided among other things for the appointment of a “Board of Commissioners to quiet Land Titles,” which was to consist of five members, one of whom should be the Attorney-General of the Kingdom, and which was to exist for two years. The Commissioners took the oath of office and organized Feb. 11, 1846. Their powers, however, were repeatedly extended, and the Board was not finally dissolved until the 31st of March, 1855. Full powers were conferred upon this Board as a court of record, to investigate and finally confirm or reject all claims to land arising previously to December 10, 1845. Its decisions were only subject to appeal to the Supreme Court, which had to be made within ninety days after the date of the Award by the Land Commission. All persons were required to file their claims to land with this Board, or be forever barred of all rights to recover the same in the court of justice. And the titles of all lands which should not have been presented to this Board for confirmation on or before the 14th day of February, 1848, were declared to belong to the Hawaiian Government. (Vol. 2, p. 93.) Aliens were not allowed to acquire any fee simple or allodial title to land, but this disability has since been removed by the Act passed July 10th, 1850, p. 146.
The Commissioners held their first meeting for regular business on the 4th of March, 1846. They worked with great zeal and energy, visiting every part of the Islands to meet the people, and give them an opportunity to present their claims. The rule had been laid down in advance that every piece of land should be surveyed at the claimant’s expense before any award would be granted for it. The filing of claims, the taking of testimony, the surveying of boundaries, and the final awards, were the successive steps which had to be gone through with in every case. When we consider that the number of claims confirmed amounted to 11,309, we can appreciate the herculean task imposed upon the commissioners, and it is not surprising that evidences of haste, that inconsistencies and imperfections can occasionally be found in their work. The character of the surveys made for the Commission will be described further on. The awards were all recorded in ten huge folios, which were deposited in the Land Office. The charges to be paid by the claimants were slight, amounting to from $6.00 to $12.00 for each of the claims of native tenants, commonly known as “kuleana(s).”
NATURE OF LAND COMMISSION AWARDS
The Commissioners were not authorized to grant patents for land or to receive commutation. Their duty was to ascertain the nature and extent of each claimant’s rights in land, and to issue an Award for the same which is prima facie evidence of title “and shall furnish as good and sufficient a ground upon which to maintain an action for trespass, ejectment or other real action against any other person or persons whatsoever, as if the claimant, his heirs or assigns had received a Royal Patent for the same,” by Act approved July 20th, 1854. The holder of a Land Commission Award was entitled to receive a Royal Patent in fee-simple from the Minister of the Interior, on payment of the commutation to be agreed upon by His Majesty in Privy Council. In regard to this last, the Commissioners themselves state that “The share of Government or the body politic, to commuted for by any confirmed claimant wishing to obtain a fee-simple title, this Board understands from the evidence before it, to be one-third part of the value of the land without improvement which third part of unimproved value, being paid by the confirmed claimant, should extinguish the private rights of the King in the land, and leave such claimant an allodium.” By a recent ruling of the Supreme Court in the case of the Ahupua’a of Papa’ikou, the value of land for purposes of commutation should be appraised as of the date of the Act.
On June 8th, 1847, it was resolved by the Privy Council, “That in all cases in which a Freehold Estate less than Allodial, in any house or building lot, has been or shall be hereafter awarded to any Hawaiian subject by the Board of Commissioners to quiet Land Titles, we approve of the principle of reducing the rate of commutation for the same from one-third to one-fourth of the present unimproved value, to be ascertained by a commission appointed for that purpose by said Board, and on payment of said commutation, of giving a patent in Fee Simple to the confirmed claimant.” It was furthermore resolved, “That in cases in which a Freehold Estate less than Allodial in any building lot, has been or shall be awarded to any person, whether domiciled alien or to any naturalized or native subject, it shall be optional with such person to pay for a certificate of that title in a manner aforesaid, or to receive instead thereof a grant for the period of thirty years, subject to all the conditions of Leasehold Estates.” “That the foregoing resolution are not to be understood in a compulsory sense, nor are they, nor the rules adopted by the Land Commissioners to be understood as altering in any way, nor even modifying the pre-existing titles, —on the contrary that Commission declares what the pre-existing titles are, which being done, we approve of offering to the confirmed claimant the more liberal terms and the choice of conditions, as explained above.” This option is inserted in some of the printed forms of Awards issued (though it is not expressed in the original Awards on record), as follows: “He kuleana kona malalo o ke ano alodio, a e hiki no iaia ke ho’ohuli no ke kuleana alodio mamuli o ke Kanawai, aia i kona mana’o, a i ‘ole ia e loa’a iaia ke kuleana no na makahiki he 30, aia i kona mana’o.” This last clause has given rise to the common but entirely erroneous belief that the L.C. Awards are only valid for a period of 30 years.
THE “MAHELE” OR GREAT DIVISION
During the first year or two the Land Commission was chiefly occupied with the claims of foreigners for land and with house lots in and near Honolulu, on account of the great difficulties to be overcome in making the division between the King, chiefs and the Government. After years spent in ineffectual endeavors, the whole subject was brought up for final decision before the King and chiefs in Privy Council on the 11th of December, 1847, and a memorable discussion followed which was continued for several days. The general principles laid down by the Land Commission were admitted by all, and the chiefs were willing to surrender to the King the greater part of the lands held by them in fief for the sake of obtaining an allodial title for the remainder, but they asked whether the Government would have a third interest in the lands left to them. In other words, it was a question the Government commutation should be included in the first division between the landlords and the King, or whether the King and the Government should be regarded as distinct as far as property was concerned. The conclusion finally arrived at was embodied in the following rules framed by Judge Lee and unanimously voted at the Privy Council held December 18th, 1847.
“Whereas, it has become necessary to the prosperity of our Kingdom and the proper physical, mental and moral improvement of our people that the undivided rights at present existing in the lands our Kingdom, shall be separated, and distinctly defined;
Therefore, We Kamehameha III., King of the Hawaiian Islands and His Chiefs, in Privy Council Assembled, do solemnly resolve, that we will be guided in such division by the following rules:
1. —His Majesty, our Most Gracious Lord and King, shall in accordance with the Constitution and Laws of the Land, retain all his private lands, as his own individual property, subject only to the rights of the Tenants, to have and to hold to Him, His heirs and successors forever.
2. —One-third of the remaining lands of the Kingdom shall be set aside, as the property of the Hawaiian Government subject to the direction and control of His Majesty, as pointed out by the Constitution and Laws, one-third to the chiefs and Konohiki(s) in proportion to their possessions, to have and to hold, to them, their heirs and successors forever, and the remaining third to the Tenants, the actual possessors and cultivators of the soil, to have and to hold, to them, their heirs and successors forever.
3. —The division between the Chiefs or Konohiki(s) and their Tenants, prescribed by Rule 2nd shall take place, whenever any Chief, Konohiki or Tenant shall desire such division, subject only to confirmation by the King in Privy Council.
4. —The Tenants of His Majesty’s private lands, shall be entitled to a fee-simple title to one-third of the lands possessed and cultivated by them; which shall be set off to the said Tenants in fee-simple, whenever His Majesty or any of said Tenants shall desire such division.
5. —The division prescribed in the foregoing rules, shall in no wise interfere with any lands that may have been granted by His Majesty or His Predecessors in fee-simple, to any Hawaiian subject or foreigner, nor in any way operate to the injury of the holders of unexpired leases.
6. —It shall be optional with any Chief or Konohiki, holding lands in which the Government has a share, in the place of setting aside one-third of the said lands as Government property, to pay into the Treasury one-third of the unimproved value of said lands, which payment shall operate as a total extinguishments of the Government right in said lands.
7. —All the lands of His Majesty shall be recorded in a Book entitled “Register of the lands belonging to Kamehameha III., King of the Hawaiian Islands,” and deposited with the Registry of Land Titles in the Office of the Minister of the Interior, and all lands set aside, as the lands of the Hawaiian Government, shall be recorded in a Book entitled “Register of the lands belonging to the Hawaiian Government,” and fee-simple titles shall be granted to all other allottees upon the Award of the Board of Commissioners to quiet Land Titles.”
At the same time a committee was appointed to effect the division between the King as feudal suzerain and the chiefs his feudatories, before whom “all questions between the King and the chiefs were to be discussed, and settled by mutual consent of the King and each chief or landlord, after which the King and each Chief were to sign and seal the settlement that should be made, never thereafter to be disturbed.” The work was commenced on the 27th of January, 1848, and conducted with such dispatch that it was completed March 7th of the same year. The book in which this division is recorded, is called the “Mahele Book” or Book of Division, and contains releases or quitclaim deed signed and sealed by the several chiefs to the King of the lands they respectively surrendered, and also releases signed by the King to the several chiefs of his feudal rights in the lands remaining to them as their shares. But this “Mahele” did not of itself give the chiefs and landlords an allodial title, nor was the Government claim for commutation extinguished by it.
As is evident from the 6th and 7th rules above, it was further necessary for each of them to bring evidence of his “Mahele” before the Board of Commissioners to quiet Land Titles, to obtain its formal Award, which could afterwards be converted into an allodial title by payment to the Government of a commutation to be fixed by the King in Privy Council. (Haw. Reports, Vol. VI., p. 63.) It is also evident, to quote from the decision of the Supreme Court, “In the matter of the Estate of His Majesty Kamehameha IV.,” in 1864, that the lands held by the King at the close of the Mahele “were not regarded as his private property strictly speaking. Even before his division with the landlords, a second division between himself and the Government was clearly contemplated, and he appears to have admitted that the lands he then might have been subjected to a commutation in favor of the Government in like manner with the lands of the chiefs.” The records of the discussion in Council show plainly His Majesty’s anxious desire to free his lands from the burden of being considered public domain, and as such subjected to the danger of confiscation in the event of his islands being seized by any foreign power, and also his wish to enjoy complete control over his own property.” Besides he clearly perceived how desirable it was that there should be a public domain, the proceeds of which should go to the national treasury, and from which his subjects could purchase the lands which they needed. Accordingly on the very day after the Mahele with his chiefs had closed, viz., the 8th of March, he proceeded “to set apart for the use of the Government the larger part of his royal domain, reserving to himself what he deemed a reasonable amount of land as his own estate.” To effect this he signed and sealed two instruments, both contained in the Mahele Book, by one of which he set apart for the use and benefit of the Government certain lands specified by name, and “reserved for himself his heirs and successors forever,” the remainder of the lands surrendered to him in the Mahele, as his own private estate. On the 7th of the following June, 1848, the Legislative Council passed the “Act relating to the lands of His Majesty the King and of the Government,” which merely confirms and ratifies what had already been done by the King, and designates the several Crown Lands and Government Lands by name. By this great Act of Kamehameha III., he showed his deep sympathy with the wants of his people, and set an illustrious example of liberality and public spirit. It remained for his chiefs to follow his example.
The second Division of lands took place during the summer of 1850, when most of the chiefs ceded a third of their lands to the Government, in order to obtain an allodial title for the remainder. The whole transaction was a severe test of their patriotism, and reflects great credit on that Hawaiian aristocracy which thus peacefully gave up a portion of its hereditary rights and privileges for the good of the nation. The Privy Council accepted the proposed division August 26th, 1850, as full commutation of the Government right in the remainder of their lands.
AWARDS TO TENANTS.
In all Awards of whole Ahupua’a(s) and Ili(s) the rights of Tenants are expressly reserved, “Koe na Kuleana o Kanaka.” Besides, the Act of August 6th, 1850, confirmed and amended July 11th, 1851, protects the common people in the enjoyment of the right to take wood, thatch, ki leaf, etc., from the lands on which they live, for their own private use, but not to sell for profit. They are also guaranteed the right to water and the right of way, but not the right of pasturage on the land of the Konohiki. (Hawaiian Reports, Vol. 2, p. 87, and Vol. V., p. 133.) These rights are embodied in Section 1477 of the Civil Code. Furthermore, every bona fide resident on a land has the right to fish in the sea appurtenant to the land, and to sell the fish caught by him. (Hawaiian Reports, Vol. VI., p. 334.) The same Act of August 6th, 1850, confirms the resolutions passed by the Privy Council on the 21st of December, 1849, granting fee-simple titles, free of all commutation to all native tenants, for their cultivated lands and house lots, except in the towns of Honolulu, Lahaina and Hilo. For, as is stated by the Land Commission, “between the ownership of lands for cultivation, and mere building lots, there are often broad lines of distinction. Mere building lots were never bestowed by the King for the purpose of being given out to tenants, as was uniformly the case with lands suitable for cultivation. It follows therefore that (with some exceptions) there is no third class of persons, having the rights of lords over tenants.” Hence the Awards for town lots were subject to commutation, “there being no Superior Lord or Chief over them, whose Ahupua’a or Ili they were included in, and whose commutation covered theirs.” (See Decision in case of C.C. Harris vs. Commissioners of Crown Lands in 1877, in Haw. Reports Vol. VI., p. 205.) As was stated above, the commutation fee for town lots is one-fourth of the unimproved value of the land.
It may be observed here that Kuleana(s) in default of heirs “revert to the owner of the Ahupua’a or Ili of which the escheated Kuleana formed a part,” by a law passed July 6th, 1866. But town lots escheat to the Government. (Hawaiian Reports, Vol. 3, p. 332, and Laws of 1886, p. 14.) As the rights of the Government extend to high water mark, the Land Commission generally declined to grant Awards below that line, or to award fisheries by metes and bounds, though fish ponds were awarded by survey. (See Award to Kahanaumaikai, Vol. 10, p. 58.) The only exceptions to this principle are found in and around the harbor of Honolulu, the title to which is still in dispute between the Government and private parties.
KONOHIKI AWARDS.
To lighten the arduous labors of the Land Commissioners and to hasten the settlement of titles, they were empowered by the Act passed June 19th, 1852, to grant titles to Konohiki(s) for whole “Ahupua’a(s) or Ili(s) received by them in the Mahele of 1848, by their proper names without survey.” In fact the greater part of this class of lands were awarded in this way. As many of these Konohiki(s) had failed to present their claims before the Land Commission previous to the 14th day of February, 1848, and had consequently forfeited their lands, a law was passed for their relief August 10th, 1854, giving them an opportunity to present their claims between that date and the 1st of November following. As before stated, the Board of Commissioners to quiet Land Titles was finally dissolved on the 31st of March, 1855.
Even then a second Act had to be passed August 24th, 1860, “For the relief of certain Konohiki(s),” whose names appear in the Mahele Book of 1848, but who had failed to present their claims before the Land Commission. As the Commission had long ceased to exist, the Minister of the Interior was empowered to grant Awards to claimants of this class, provided they presented their claims before the last day of June, 1862; and those who failed to do so were declared to be “forever barred, and their rights under the Mahele Book to have reverted to the Government.” About 70 Awards were issued under the provisions of this Act, which are styled “Mahele Awards,” and form a distinct series. The Index of Land Commission Awards, classified and arranged according to locality by J.H. Smith, formerly one of the Commissioners, is an invaluable work, and must have cost its author immense labor. A new edition of it was published in 1881, which contains the numbers of the Royal Patents issued in confirmation of L.C. Awards previous to that date.
A ROYAL PATENT.
In confirmation of Land Commission Award, by Section 43 of the Civil Code, “shall issue under the Great Seal of the Kingdom to any holder of an award form the Board of Commissioners to quiet Land Titles, for any land in which he may have commuted the Government rights.” The fees, aside from commutation, are moderate, amounting to about $6 for each Patent. It was decided by the Supreme Court in 1877 (in the case of J.H. Bruns vs. the Minister of the Interior) that the Minister of the Interior may lawfully issue a Royal Patent for a portion of a L.C. Award, “in the name of the person to whom the original Award was made.” But “it must appear by the literal agreement of the metes, bounds and descriptions of the survey in the petition with that in the award, so far forth as the lot in question is bounded by the exterior lines of the Award, that it conforms thereunto.” By the tenth Section of an Act relating to the Commission of Boundaries, passed August 23, 1862, “the Minister of the Interior is forbidden to issue any patent in confirmation of an Award by name made by the Commissioners to quiet Land Titles, without the boundaries being defined in such patent, according to the decision of some Commissioner of Boundaries or of the Supreme Court on appeal.” In a case where a Royal Patent had been issued by name only without survey, it was held by the Court that the issuance of a second patent for the same land, granting it by metes and bounds, was legal and proper. (Hawaiian Reports, Vol. VI., p. 318) The total number of Royal Patents in confirmation of L.C. Awards issued previous to April 1, 1890, was 7,923.
THE COMMISSION OF BOUNDARIES
Was established by the aforesaid Act passed August 23, 1862. AS was stated above, a large number of Ahupua’a(s) and Ili(s) had been awarded by their names only without survey. As the Land Commission had ceased to exist, it became necessary to provide the means of legally settling the boundaries of these lands, and the means of legally settling the boundaries of these lands, and of a few which had been patented by name, and that, too, “before the testimony of witnesses should be lost by reason of death.” This Commission consisted at first of two persons in each Gubernatorial District. In case they could not agree “the Police or District Justice of the District in which the disputed boundary is situated” was to be umpire between them. This arrangement, as might have been expected, did not work well, and by an Act passed July 27, 1866, the late G.M. Robertson, First Associate Justice of the Supreme Court, was appointed sole Commissioner of Boundaries for the Kingdom. Two years later, by an Act passed June 22, 1868, the number of Commissioners was increased to four, one for each Judicial Circuit.
“All owners of Ahupua’a(s) or Ili(s) of land within this Kingdom whose lands have not been awarded by the Land Commission, patented, or conveyed by deed from the King, boundaries described in such award, patent or deed,” were required within four years from the passage of the Act, to file with the Commissioners of their district “an application to have the boundaries of said land decided and certified to by the Commissioners.” “The application shall state the name of the land, the names of the adjoining lands, and the names of the owners of the same, where known, and it shall also contain a general description, by survey or otherwise, of the boundaries as claimed.” It is “the duty of the Commissioner, on receipt of such application, to notify the owner or owners of the land, and also those of the adjoining lands, of the time when he will be prepared to hear the case.” “Upon giving a decision the Commissioner shall therein describe the boundaries decided on by survey, by natural topographical features or by permanent boundary marks, or partly by each,” *** “but he shall, in no case, alter any boundary described by survey in Royal Patent, in deed from the King, or in Land Commission Award.”
“Any party deeming himself aggrieved by the decision of any Commissioner of Boundaries, may appeal therefrom to the Circuit Court of the Island on which such hearing is had, or to the Supreme Court; *** provided, however, that any party desirous of so appealing shall give notice of the same to the Commissioner within sixty days after the rendition of his decision.” This term was shortened to thirty days by the Act of June 22, 1868. The term of the continuance of the Commission of Boundaries has been repeatedly extended, and now stands extended to August 23, 1892.
By the Act of July 13, 1874, the Commissioners of Boundaries are empowered “to decide and certify the Boundaries of portions of Ahupua’a(s), and portions of Ili(s) and other denominations of lands.” A Commissioner of Boundaries has not jurisdiction to apportion water rights or other appurtenant rights of lands; he may only determine Boundary lines. (Hawaiian Reports, Vol. III., p. 702.) By an Act passed September 25, 1876, it is made the duty of the several Commissioners of Boundaries “to deposit in the office of the Minister of the Interior a certified copy of all certificates of Boundaries issued by them within thirty days after the issuing thereof.” The work has progressed slowly from various causes, among which may be reckoned the indifference of many owners of land, and the difficulty and expense attending surveys.
GOVERNMENT LANDS.
In 1842 Government property began to set apart by itself, and a Treasury Board was appointed (Old Laws, p. 179 and 199), but the Government still continued to have an undivided and undefined claim in all land in the Kingdom till the “Mahele.” The great mass of the Government lands consists of those lands surrendered and made over to the Government by the King, Kamehameha III, and which are enumerated by name in the Act of June 7, 1848. To these must be added the lands ceded by the several chiefs in lieu of commutation, those lands purchased by the Government at different times, and also all lands forfeited to the Government by the neglect of their claimants to present their claims within the period fixed by law. (See p. 93, Vol. 2, Statute Laws, and p. 27, Laws of 1860.)
The Land Office was created by the “Act to organize the Executive Departments” in 1846, and the Minister of the Interior was thereby authorized to sell or lease the Government lands on vote of the Privy Council, approved by the King, (p. 100, Vol. 1, Statute Laws.) In the 42nd Section of the Civil Code, the words “Cabinet Council” are substituted for “Privy Council.”
The Royal Patents issued to purchasers of Government lands are styled “Grants,” and are recorded to purchasers of Government lands are styled “Grants,” and are recorded by themselves in a distinct series of volumes from the Royal Patents in Confirmation of Land Commission Awards. Mistakes are often made by confounding the two series of patents.
By an Act approved July 13th, 1874, it is enacted that “No sale of one land or lot exceeding five thousand dollars in value, shall be made without the consent of the King and a majority of the Privy Council.” By an Act approved September 25th, 1876, “All sales or leases of Government lands and portions of land exceeding three hundred dollars in value, shall be made at public auction after not less than thirty days notice by advertisement in two or more newspapers, in both the Hawaiian and English languages. All such sales shall be made at the door of the Government House, at Honolulu. (Compiled Laws, p. 11.) In the Act of June 7th, 1848, referred to above, 52 Ili(s) in Honolulu, Kalihi and Waikiki, were set apart by name, in accordance with ancient custom, for the support of the garrison of the Fort at Honolulu, as “Fort Lands.”
As early as 1847 a number of sales took place of lots in Honolulu, Kulaokahua plain, Manoa and Makawao. On the 11th of July, 1851, an Act was passed confirming certain resolutions of the Privy Council of the previous year, which ordered “that a certain portion of Government lands on each island should be placed in the hands of special agents to be disposed of in lots of from one to fifty acres in fee-simple, to residents only, at a minimum price of fifty cents per acre.” Accordingly land agents were appointed in the different districts to receive and forward applications; to collect payment for the land and pay it in at the Interior Office, and to attend to the surveying of the Grants. (Laws of 1851, p. 52.) At the same time it was ordered that the so-called “Fort lands” should be surveyed and sold in lots at auction, after fifty acres had been reserved for the “Royal Agricultural Society,” and after the kuleana(s) contained in the said lands should have been surveyed out, “whether the same had been entered at the Land Commission or not.” A distinct series of L.C. Awards was issued for these kuleana(s) marked F.L. (Fort Land) to distinguish them from other Awards, and Royal Patents were granted for such kuleana(s) free of charge to the awardees. (Laws of 1851, p. 28.) The water sources of Kunawai and certain other places were also reserved by an Act approved November 2nd, 1863.
Between the years 1850 and 1860, nearly all the desirable Government land was sold, generally to natives. The portions sold were surveyed at the expense of the purchaser. An Index of Grants issued before March 31, 1886, arranged by locality, was published in 1887. The total number of Grants issued before April 1st, 1890, was 3,175. It may be added here that “All fishing grounds appertaining to any Government land, or otherwise belonging to the Government, excepting only ponds,” were “granted to the people of the free and equal use of all persons,” May 15th, 1851. (Laws of 1851, p. 23.) The same privilege is confirmed by Section 384 of the Civil Code.
HOMESTEAD LOTS.
By an Act approved Aug. 29th, 1884, to facilitate the acquiring and settlement of Homesteads, the Minister of the Interior was authorized and instructed to cause portions of the public lands, which are suitable for the purpose, and not held by any person under lease from the Government, to be surveyed and laid out in lots not over twenty and not less than two acres in extent in dry or kula land, and not over two acres in extent in wet or taro land, with convenient roads in connection therewith.
These lots are then to be appraised by three appraisers, one of whom shall be the surveyor who laid out the land, and the other two residents of the district, who shall make a written statement of their appraisement to the Minister of the Interior, signed by at least two of their number.
The Minister shall thereupon publish a notice, inviting applications for the said lots, which shall be filed with the date of their receipt. No one is allowed to acquire more than one lot, with the exception that one individual may be allowed to acquire two lots where one of them is kula land only and the other wet or kalo land only.
The lots are severally awarded to the first applicants for them, upon the payment by each applicant of a fee of ten dollars for the papers, the quarter-yearly rent or interest in advance, and the execution by the applicant together with the Minister of a written agreement in duplicate.
By this agreement, the applicant is allowed to occupy the lot for five years free from taxes for the same, on condition that he build a dwelling house upon it within one year, and fence it within two years, and pay quarterly in advance, the quarterly interest of the purchase price at ten per cent., and at the end of the five years pay the purchase price or the unpaid balance of it in full, or deliver a mortgage to secure his note for the unpaid balance with interest.
Furthermore, this agreement cannot be assigned to any third party. At the end of the said term of five years, on the fulfillment of the above agreement, the occupant of the lot shall receive a Royal Patent for the same.
On the 6th of September, 1888, the foregoing Act was so amended that in the rocky districts of Kahikinui and Kipahulu, Maui, and Kona and Puna, Hawai’i, the limit of the size of the Kula lots was raised to one hundred acres.
SCHOOL LANDS.
By an Act passed July 9th, 1850, it was enacted that about “One-twentieth part of all the lands then belonging to the Government should be set apart for the general purposes of Education.” On the 23rd of the following December, certain lands and school sites were designated and set apart by the Privy Council for these purposes. By the third section of the above mentioned Act, the Minister of Public Instruction was authorized “to dispose by sale, lease or otherwise, of any of the lands which have been or hereafter may be set apart for the general purposes of Education.”
The same authority is given to the Board of Education by section 749 of the Civil Code, which was re-enacted in Section 32nd of the Act approved January 10th, 1865, “To regulate the Bureau of Public Instruction.” (Laws of 1864-65, p. 45.) Under this authority most of the School lands have been sold in the same manner as other Government lands, and Royal Patents or “Grants,” signed by the King and countersigned by the Minister of the Interior, have been issued to the grantees, as is expressly provided in the Act approved August 13th, 1880. The sales of Government lands have always been made by metes and bounds, and the original surveys and plans placed on file, except in the case of certain Ahupua’a(s) sold by the Board of Education, for which Grants by name have been issued.
CROWN LANDS.
The term “Crown Lands” is here applied to those lands reserved by Kamehameha III., March 8, 1848, “for himself, his successors forever,” as his private property. To these may be added a few lots in Honolulu, and Lahaina, awarded to him by the Land Commission in Award 10806. It is admitted by all that both Kamehameha III and his successors dealt with these lands as their private property, selling, leasing or mortgaging the same at pleasure. These royal deeds of sale constitute titles equally valid with Royal Patents.
At the death of Kamehameha IV., it was decided by the Supreme Court that under the above mentioned instrument executed by Kamehameha III, reserving the Crown Lands, and under the confirmatory Act of June 7th, 1848, “the inheritance is limited to the successors to the throne,” “the wearers of the crown which the conqueror had won,” and that at the same time “each successive possessor may regulate and dispose of the same according to his will and pleasure as private property, in like manner as was done by Kamehameha III.” (Hawaiian Reports, Vol. II., p. 725.) Afterwards an Act was passed January 3, 1865, “relieve the Royal Domain from encumbrances and to render the same inalienable.” This Act provided for the redemption of the mortgages on the estate, and enacted that the remaining lands are to be “henceforth inalienable and shall descend to the heirs and successors of the Hawaiian Crown forever,” and that “it shall not be lawful hereafter to lease said lands for any terms of years to exceed thirty.” The Board of Commissioners of Crown Lands shall consist of three persons to be appointed by His Majesty the King, two of whom shall be appointed from among the members of His Cabinet Council, and serve without remuneration, and the other shall act as Land Agent, and shall be paid out of the revenues of the said lands, such sum as may be agreed to by His Majesty the King.”
UNASSIGNED LANDS.
There are certain lands, mostly on the Island of Hawai’i, which were overlooked in the “Mahele” of 1848, and for which no title exists. As all private claims not brought before the Land Commission were declared to be forever barred, and as even claims under the Mahele Book which were not presented before June 30th, 1862, have reverted to the Government by law, no private claim to such lands can be entertained. The question remains whether they belonged to the class of Government lands or to that of Crown Lands or to the lineal heirs of Kamehameha III.
It is admitted by all that under the ancient feudal system the allodium of all land belonged to the King, not, however, as an individual, but “as the head of the nation, or in his corporate right,” in the language of the Land Commission. The Constitution of 1840 declares that the land of the Kingdom was not the private property of Kamehameha I. “It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property.” This principle was fully recognized by Kamehameha III in the division which he made between his private lands and those of the Government. But opinions differ as to whether the remaining lands overlooked in this division belonged to him as an individual Chief or in his official capacity as head of the Government.
As we have seen above, those private claims which were forfeited by neglect to present them within the time prescribed by law, lapsed to the Government and not to the King’s private estate. Furthermore it appears from the record that during the reign of Kamehameha III, the lands in question were treated as Government property, and that many sales from these lands were made by the Government, patents for which were signed by him. As the Act creating the Board of Commissioners of Crown Lands expressly defined them to be those “lands which by the statute enacted on the 7th of June 1848, were declared to be private lands of His Majesty Kamehameha III,” it certainly conferred no authority to add any other lands to that list. (Hawaiian Reports, Vol. VI., p. 451. Ke’elikolani vs. Crown Land Commissioners.) Since the above was written, the whole question has been settled by the Supreme Court in favor of the Government. (Hawaiian Reports, Vol. VII., p. 421. In re Thurston vs. Bishop.)
CHARACTER OF EARLY SURVEYS.
First in order are the old surveys made under the direction of the Land Commission, and commonly known as “kuleana” surveys. These had the same defects as the first surveys in most new countries. These defects were in great part owing to the want of any proper supervision. There was no Bureau of Surveying, and the President of the Land Commission was so overwhelmed with work that he had no time to spare for the superintendence of the surveying. As has been truly said, there was little money to pay out, and little time to wait for the work. Political reasons also added to the haste with which the work was pushed through, and barely completed before the death of Kamehameha III.
No uniform rules or instructions were given to the surveyors employed, who were practically irresponsible. Few of them could be regarded as thoroughly competent surveyors, while some were not only incompetent but careless and unscrupulous. The result was that almost every possible method of measurement was adopted. Some used 50 feet chains, and other the four pole chain divided into links; some attempted to survey by the true meridian, other by the average magnetic meridian, while most made no allowance for local variations of the needle. These are some surveys recorded, which were made with a ship’s compass or even a pocket compass. Few of them took much pains to mark corners or to note the topographical features of the country. Rarely was one section or district assigned to one man. It is said that over a dozen were employed in surveying Waikiki, for instance, not one of whom knew what the other surveyors had done, or tried to make his surveys agree with theirs, where they adjoined one another. As might be expected, overlaps and gaps are the rule rather than the exception, so that it is generally impossible to put these old surveys together correctly on paper, without ascertaining their true relative positions by actual measurements on the ground.
The Board of Commissioners to quiet Land Titles were empowered by the law of August 6th, 1850, not only “to define and separate the portions of land belonging to different individuals,” but “to provide for an equitable exchange of such different portions where it can be done, so that each man’s land may be by itself.” This, however, was rarely done, and the kuleana(s) very often consist of several sections or “apana(s)” apiece, scattered here and there in the most irregular manner imaginable. No general rules were laid down in regard to the size of kuleana(s), though mere house lots were limited to one quarter of an acre by the Act just cited, Section 5. The consequence was that the responsibility was mainly thrown upon the surveyors, and there was the greatest variety of practice among them in different districts. The Act above mentioned provided that fee-simple titles should “be granted to native tenants for the lands they occupy and improve.” This was differently interpreted by different surveyors, so that in fact the “kuleana(s)” vary from one to forty acres in extent. General maps of whole districts or even ahupua’a(s), exhibiting the exact location of all the different claims contained within them, were scarcely thought of, and hardly could have been made with the inferior instruments and defective methods used by most of the kuleana surveyors of that time.
SURVEYS OF GRANTS.
Were of similar character to those of kuleana(s). Formerly it was not the policy of the Government to have Government lands surveyed as wholes, or to have their boundaries settled. Portions of Government land sold to private persons were surveyed at the expense of the purchaser. It was seldom the case that an entire “ahupua’a” was sold at once. The pieces sold were of all sizes and shapes, sometimes cutting across half a dozen ahupua’a(s), and were generally surveyed without reference to the surveys of adjoining land sales or awards. Hence most Government lands at the present time consist of mere remnants left here and there, and of the worthless and unsalable portions remaining after the rest had been sold. It follows that even supposing all the outside boundaries of a Government land to have been surveyed and duly settled by the Commissioner of Boundaries, it would still be necessary to locate on the ground all the Grants and Awards contained within the land in question, in order to ascertain how much of it is left. Nothing short of a general survey of the country will bring to light all these facts, will exhibit the Government lands in their true position in relation to other lands, and enable the Minister of the Interior as well as applicants for land to judge of their actual value. It was considerations like these which induced the then Minister of the Interior, Dr. Hutchinson, to institute the Government Survey in 1871. An account of that survey, its objects, methods and results, was published in pamphlet form in 1889.
Reference: https://kingdomofhawaii.wordpress.com/history/land-tenure/
1893- W.D. Alexander's Take:
W. D. Alexander on crown lands, 1893.
Assisting with Land Rights
The Crown Lands [Aina Leialii] were lands of Kauikeaouli that he set aside for himself and his descendants, when he divided the lands of his Kingdom between himself, the Alii, and the makaainana. In 1865, it was decided by the Supreme Court [Ahahookolokolo Kiekie] that these lands would be inherited by the person who sits on the Throne. The Legislature just passed a law to establish a managing Commission which will put these lands in order. Being there are no descendants of Kamehameha I that are living, therefore, the lands will now go to the people, that is they were released by the Legislature to help the Chief Executive [Luna Hooko kiekie] in his office.
Being that this office is no more and is of naught at this time, those lands are under the jurisdiction of the Government.
The acreage of the Crown Lands is 900,000, when all is totaled, and those are some of the finest lands of this Archipelago.
Much is leased out at very low costs, and when these leases are over, the lease costs will go up substantially.
The gains from these lands is said to be $70,000 a year, but in a short time from now, it will go up greatly from that total.
It is important that these lands always be protected from the hands of the land hungry and the covetous, but be given for the benefit of Kauikeaouli’s own makaainana. This proposal was raised in this past February, and was something greatly desired by the Provisional Government [Aupuni Kuikawa], and perhaps it will pass.
- The head of each Hawaiian family and every person who votes in the Hawaiian election, who is at this time not a land owner will be given from five to twenty acres from the Crown Lands.
- The kamaaina of each area will have the right to choose first, before people from outside the area.
- Quite land titles will be given to the makaainana for his lifetime and to his heirs after him, with the exception that he cannot sell or mortgage it for a loan.
- When a place in this archipelago no longer has a person living on it to whom it was settled, nor his agent or his heir, then it will return to the Government. An example of this was carried out in Olaa, Hawaii, and it is still going on.
The thought behind this is that every Hawaiian family will have a home that cannot be lost to debt, and they cannot be kicked off those places. It is true, the Hawaiians are actual farmers as were their parents. Honolulu is called the cemetery of their people.
As farmers who weed and plant upon their own land, they will live happily, and be much healthier. This is the true path toward “Increasing the Race” [“Hooulu Lahui”].
The increase of benefits that will accompany annexation is a reason to excite those who want a house and farm to plant their place with coffee and fruit trees; and in exchange, those natives of the land with land and homes will support the new Government.
Each person that really wants a job will have work, and just as the Bible states: “He can lay under his grape vine and under his fig tree; and none shall bother him nor make him afraid.”
W. D. Alexander.
(Kuokoa, 4/29/1893, p. 1)
Ka Nupepa Kuokoa, Buke XXXII, Helu 17, Aoao 1. Aperila 29, 1893.
Additional references:
More Alodio Titles Information -Includes Kamehameha …
Royal Patents - Alodio Lands - Reclaiming Your Forever ...
W. D. Alexander on crown lands, 1893. | nupepa
Images of w.d. alexander alodio lands
bing.com/imagesLand Tenure | Kingdom of Hawaii
Hawaiian Government Survey; W. D. Alexander, …
Alexandria, Louisiana - Wikipedia
Alexander Fulton, a businessman from Washington ... who identifies himself as a "of the Town of Alexandria", sold a tract of land across the Red River to a William ...eVols at University of Hawaii at Manoa: Hawaii
News from the Hawaiian Kingdom: June 2016
Legal Notice - Identity Thieves Found and Documented ...
Ano Alodio/Alodio/Alodial Land Owners, House of …
Alexander Stewart, Earl of Buchan - Wikipedia
Alexander Stewart, Earl of Buchan, ... Robert II's charter gave Alexander the lands of Badenoch seemingly in ... Alexander: "The Wolf of Badenoch" in W.D.H ...Honolulu Rail Depot - Home | Facebook
Kalakaua's Reign: A Sketch of Hawaiian History
Kalakaua'S Reign: A Sketch of Hawaiian History by William De Witt Alexander, first published in 1894, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation.
Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.
|
Subscribe to: Post Comments (Atom)
No comments: