KANAKA MAOLI/KANAKA HAWAII MAOLI THROUGH ALODIO LANDS
-Evidence -
Researched by Amelia Gora (2018)
Kamehameha III - Kauikeaouli did a good thing for his people and gave alodio/allodial or forever lands to his people.
Criminal deviants changed the alodio/allodial titles to Fee Simple over time.
Even sellout educators are documented for lying to our people and causing injuries.
The following are evidence of Kamehameha III - Kauikeaouli's gifts of alodio or "forever" lands to kanaka maoli/ kanaka Hawaii maoli and Fee Simple to aliens:
1848 -
Kamehameha III - Kauikeaouli passed the Mahele, a Sharing of alodio lands to his people, and to aliens he gave Fee Simple - less than alodio or 30 years or Freehold Titles.
The news of the period also shows the House of Nobles member named Kaeo's testimony:
Reference:
Polynesian. (Honolulu [Oahu], Hawaii) 1844-1864, April 29, 1848, Page 198, Image 2
Image provided by University of Hawaii at Manoa; Honolulu, HI
Persistent link: http://chroniclingamerica.loc.gov/lccn/sn82015408/1848-04-29/ed-1/seq-2/
https://iolani-theroyalhawk.blogspot.com/2018/07/alodial-titles-given-are-forever-lands.html
1851 -
Kamehameha III - Kauikeaouli speech documents alodio titles to his people, and to aliens Fee Simple:
The following shows the frauds appearing in documents which eliminated the truth of Alodio/allodial titles to fee simple ----note the players ….mostly usurpers or sellouts from the time of Queen Liliuokalani and after
W.D. Alexander, a Mason/Freemason who assisted in dethroning Queen Liliuokalani changed Kamehameha III's Kauikeaouli's information of alodio to kanaka maoli to be fee simple to kanaka maoli/kanaka Hawaii maoli AND 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." *Important Note: Kamehameha III - Kauikeaouli's Speech to the Legislature shows otherwise. In other words Alexander lied.
"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
1896
LAND TITLES.
"During the period of 1846-1855 the ancient tenure of land was
abolished, and the foundation laid of individual property in land. In
the first place, the king as feudal suzerain divided the lands of the
kingdom between himself and each one of the
75
chiefs, his feudatories, this partition being recorded in a book
called the Mahele Book, or Book of Division. After this first
partition was closed, out of four million acres there remained in the
king's hands about two and a half millions. The king then redivided
the lands which had been surrendered to him, setting apart about a
million and a half acres for the Government, and reserving for himself
as his private domain, about a million acres, including the best of
the lands. The common people were granted fee simple titles for their
house lots and the lands which they actually cultivated for
themselves, called Kuleanas or homesteads."
Note: The usurpers claimed that the "common people were granted fee simple for their house lots and the lands which they actually cultivated for themselves, called Kuleanas or homesteads."
This is a Fraud which usurped the kanaka maoli from their alodio lands and used "fee simple".
Reference: http://www.gutenberg.org/files/29383/29383-h/29383-h.htm
THE HAWAIIAN ISLANDS by The Department of Foreign Affairs (1896)
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 ...
https://evols.library.manoa.ha waii.edu/handle/10524/36023
Indices of awards made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands ... LC Subject Headings: Land titles--Hawaii--Indexes
https://evols.library.manoa.ha waii.edu/handle/10524/36023
Indices of awards made by the Board of Commissioners to Quiet Land Titles in the Hawaiian Islands ... LC Subject Headings: Land titles--Hawaii--IndexesLand Awards - Indexes - Mahele Records at UHM Library - LibGuides ...
guides.library.manoa.hawaii. edu/mahelerecords
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. edu/mahelerecords
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. edu/maheleindexes
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. edu/maheleindexes
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/ mahele%20bib.pdf
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/ mahele%20bib.pdf
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
www.avakonohiki.org/hawaii- land-documents.html
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 ...
www.avakonohiki.org/hawaii- land-documents.html
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
www.avakonohiki.org/uploads/1/ 2/5/5/.../1929_index_of_lca. pdf
INDICES OF AWARDS. MADE BY. THE BOARD OF COMMISSIONERS. TO QUIET LAND TITLES. IN THE. HAWAIIAN ISLANDS. COMPILED AND PUBLISHED.
www.avakonohiki.org/uploads/1/ 2/5/5/.../1929_index_of_lca. pdf
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
www.alohaquest.com/ arbitration/annexation_ attempts.htm
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 ...
www.alohaquest.com/ arbitration/annexation_ attempts.htm
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
www.angelfire.com/hi2/hawaiian sovereignty/annexation.html
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.
www.angelfire.com/hi2/hawaiian sovereignty/annexation.html
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
aloha4all.org/wordpress/basic- issues/essentials/was-annexati on-legal/
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.
aloha4all.org/wordpress/basic- issues/essentials/was-annexati on-legal/
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
hawaiiankingdom.org/.../u-s- constitutional-law-and- customary-internatio...
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 ...
hawaiiankingdom.org/.../u-s- constitutional-law-and- customary-internatio...
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 ...
hawaiiankingdom.org/.../u-s- department-of-states-website-a rticle-on-haw...
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.
hawaiiankingdom.org/.../u-s- department-of-states-website-a rticle-on-haw...
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
https://www.archives.gov/ education/lessons/hawaii- petition
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.
https://www.archives.gov/ education/lessons/hawaii- petition
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
whatreallyhappened.com/WRHARTI CLES/HAWAII/hawaii.php
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 ...
whatreallyhappened.com/WRHARTI CLES/HAWAII/hawaii.php
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.
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
Other examples come from the educators of the University of Hawaii, Kapiolani Community College, etc.
http://amelia-gora.blogspot.com/2016/11/legal-notice-no-2016-1122-re-alodio.html
Other examples come from the educators of the University of Hawaii, Kapiolani Community College, etc.
As warned in previous articles, those who promote the defrauding of alodio/ allodial land owners are subject to suits from individual parties and will not be easily turned into a class action suit due to injuries based on lies, frauds, gross cheat, piracy, pillaging, etc.
aloha.
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