Palena

What is commonly referred to as the “ahupuaʻa system” is a result of the firm establishment of palena (place boundaries.)  This system of land divisions and boundaries enabled a konohiki (land/resource manager) to know the limits and productivity of the resources that he managed.

Ahupuaʻa served as a means of managing people and taking care of the people who support them, as well as an easy form of collection of tributes by the chiefs.  Ultimately, distribution of people throughout the Islands helped in preserving resources.

A typical ahupuaʻa (what we generally refer to as watersheds, today) was a long strip of land, narrow at its mountain summit top and becoming wider as it ran down a valley into the sea to the outer edge of the reef.  If there was no reef then the sea boundary would be about one and a half miles from the shore.

Defined palena brought greater productivity to the lands; lessened conflict and was a means of settling disputes of future aliʻi who would be in control of the bounded lands; protected the commoners from the chiefs; and brought (for the most part) peace and prosperity.  (Beamer, Duarte)

Typically, natural features served as boundary markers: summit peaks, ridge crests, streams, volcanic cones, etc.  Additional markers were placed to note the ahupua‘a boundary - so called because the boundary was marked by a heap (ahu) of stones surmounted by an image of a pig (pua‘a,) or because a pig or other tribute was laid on the altar as tax to the chief.

Māʻilikūkahi is recognized as the first great chief of O‘ahu and legends tell of his wise, firm, judicious government.  He was born ali‘i kapu at the birthing stones of Kūkaniloko; Kūkaniloko was one of two places in Hawai‘i specifically designated for the birth of high ranking children, the other site was Holoholokū at Wailua on Kauaʻi.

Soon after becoming aliʻi, Māʻilikūkahi moved to Waikīkī.  He was probably one of the first chiefs to live there. Up until this time, Oʻahu chiefs had typically lived at Waialua and ‘Ewa.  From that point on, with few exceptions, Waikīkī remained the Royal Center of Oʻahu aliʻi, until Kamehameha I moved the seat to Honolulu.

Māʻilikūkahi is noted for clearly marking and reorganizing land division palena (boundaries) on O‘ahu.  Defined palena brought greater productivity to the lands; lessened conflict and was a means of settling disputes of future aliʻi who would be in control of the bounded lands; protected the commoners from the chiefs; and brought (for the most part) peace and prosperity.

Fornander writes, “He caused the island to be thoroughly surveyed, and boundaries between differing divisions and lands be definitely and permanently marked out, thus obviating future disputes between neighboring chiefs and landholders.”

Kamakau tells a similar story, “When the kingdom passed to Māʻilikūkahi, the land divisions were in a state of confusion; the ahupuaʻa, the ku, the ʻili ʻāina, the moʻo ʻāina, the pauku ʻāina, and the kihāpai were not clearly defined.”

“Therefore, Māʻilikūkahi ordered the chiefs, aliʻi, the lesser chiefs, kaukau aliʻi, the warrior chiefs, puʻali aliʻi, and the overseers (luna) to divide all of Oʻahu into moku, ahupuaʻa, ʻili kupono, ʻili ʻaina, and moʻo ʻāina.”

On Maui, Kalaihaʻōhia, a kahuna (priest, expert,) is credited with the division of Maui Island into districts (moku) and sub-districts, during the time of the aliʻi Kakaʻalaneo at the end of the 15th century or the beginning of the 16th century.  (McGerty)

On the Island of Hawaiʻi, ʻUmi-a-Līloa (ʻUmi) from Waipiʻo, son of Līloa, also started to divide the lands following this similar mauka-makai orientation.

ʻUmi also started a significant new form of agriculture in Kona; archaeologists call the unique method of farming in this area the “Kona Field System.” (These are long, narrow fields that ran along the contours, along the slopes of Mauna Loa and Hualālai; farmers then planted different crops, according to the respective rainfall gradients.)

The Kona Field System was described as “the most monumental work of the ancient Hawaiians.”  The challenge of farming in Kona is to produce a flourishing agricultural economy in an area subject to frequent droughts, with no lakes or streams for irrigation.

Traditionally, the Island of Kaua‘i was divided into five moku (districts): Haleleʻa, Kona, Koʻolau, Nāpali and Puna. However, after the battle of Wahiawa in 1824, the land of Kaua‘i was redistributed and district boundaries changed. The new district names became: Hanalei, Kawaihau, Līhuʻe, Kōloa and Waimea.  (Cultural Surveys)

The size of the ahupuaʻa depended on the resources of the area with poorer agricultural regions split into larger ahupuaʻa to compensate for the relative lack of natural abundance. Each ahupuaʻa was ruled by an aliʻi or local chief and administered by a konohiki.

These natural land divisions were the result of the flow of water over the land (streams or springs.)  In keeping with the concept of wealth being fresh water, the traditional land tenure system in ancient Hawaiʻi had at its very core the presence of water.  Although of many shapes and sizes, the typical ahupuaʻa consisted of three area types: mountain, plain and sea.

Later, during the Mahele and subsequent testimony before the Land Commission, properties were identified by the ahupuaʻa and the boundaries were known.

Fearing the loss of knowledge of the ancient palena, on June 26, 1862 a bill providing for Commissioners of Boundaries notes, “Owners of said lands require a settlement of the boundaries of said lands, for the reason of the death and consequent loss of the testimony of witnesses necessary for the just settlement of such boundaries.”  (Beamer, Duarte)

More formal mapping was made to preserve the traditional locations, with provisions noting, “Lands will be mapped to make clear the ancient ahupuaʻa boundaries, or in some cases maps will be made to make clear `iwi (boundary of a land division smaller than an ahupuaʻa), at the place where one’s land ends.”

Surveys conducted and maps produced during the Māhele and Boundary Commission era were some of geography’s earliest encounters with Hawaiʻi and its people.

Mapping was applied to aid in the transition from the traditional system of land “tenure” to that of fee simple and leasehold ownership and to record traditional knowledge of boundaries and places. (Beamer, Duarte)

The image shows what is believed to be an ahupuaʻa marker on the ridge at Kuliʻouʻou valley (from a collection from John Dominis Holt (DMY.))

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“Ua Koe Ke Kuleana O Na Kanaka”

The Hawaiian Islands cover a land area of over 4.1-million acres (Niʻihau – 44,500-acres; Kauaʻi – 360,000-acres; Oʻahu – 382,000-acres; Molokai – 166,000-acres; Lānaʻi – 89,600-acres; Maui – 465,000-acres; Kahoʻolawe - 28,000-acres and Hawaiʻi Island – 2.6-million acres.)

In pre-western contact Hawai‘i, all ‘āina (land), kai lawaiʻa (fisheries) and natural resources extending from the mountain tops to the depths of the ocean were held in “trust” by the high chiefs (mō‘ī, aliʻi ʻai moku, or aliʻi ʻai ahupua‘a).

The right to use of the lands, fisheries and the resources was given to the hoaʻāina (native tenants) at the prerogative of the aliʻi and their representatives or land agents (often referred to as konohiki or haku ‘āina).  (Maly)

“Land was given to the people by the chiefs. Should members of the family go elsewhere, the one who dwelled on the land was considered the owner. A returning family member was always welcome, but the one who tilled the soil was recognized as holding the ownership”. (Pukui; Maly)

“The right, by which a man may claim fish caught by others in the sea, may, indeed, be questioned by those enlightened in the principles of jurisprudence; but the chiefs of the Sandwich Island, make no questions on the subject. They lay equal claim to the sea and land, as their property.”

“The sea is divided into different portions; and those who own a tract of land on the sea shore, own also the sea that fronts it. The common rule observed by the chiefs is, to give about one half of the fish to the fishermen, and take the other half to themselves.”  (Richards, Missionary Herald, June 1826)

On December 10, 1845, Kamehameha III signed into law, a joint resolution establishing and outlining the responsibilities of the Board of Commissioners to Quiet Land Titles, setting in motion the Māhele (division of lands between the king and his subjects.)

The Māhele defined the land interests of King Kamehameha III, 252-high-ranking Chiefs and Konohiki (including several foreigners who had been befriended by members of the Kamehameha line), and the Government.

As a result of the Māhele, all lands in the Islands (and associated fisheries) fell into one of three categories: (1) Crown Lands (for the occupant of the throne); (2) Government Lands; and (3) Konohiki Lands.  Each was subject to “ua koe ke kuleana o na kanaka” (“reserving the rights of native tenants”.)  (Waihona)

The “Kuleana Act” of the Māhele defined the frame-work by which hoaʻāina (native tenants – also makaʻāinana, commoner) could apply for, and be granted fee-simple interest in “Kuleana” lands.

The Kuleana Act, passed by the King and Privy Council on the December 21, 1849, is the foundation of law pertaining to native tenant rights.  It reconfirmed the rights of hoaʻāina to: access, subsistence and collection of resources from mountains to the sea, which were necessary to sustain life within their given ahupua‘a.

The law directed the King to appoint (through the minister of the interior and upon consultation with the privy council) “five commissioners, one of whom shall be the attorney general of (the) kingdom, to be a board for the investigation and final ascertainment or rejection of all claims of private individuals, whether natives or foreigners, to any landed property acquired (through) the passage of this act; the awards of which board, unless appealed from as hereinafter allowed, (are) binding upon the minister of the interior and upon the applicant.”

In addition, “the Board appointed a number of Sub-Commissioners in various parts of the kingdom, chiefly gentlemen connected with the American Mission, who from their intelligence, knowledge of the Hawaiian language, and well-known desire to forward any work which they believed to be for the good of the people, were better calculated than any other class of men on the islands to be useful auxiliaries to the Board at Honolulu.” (Robertson, Commissioners to Quiet Land Titles)

“The titles of all lands claimed of the Hawaiian government … upon being confirmed as aforesaid, in whole or in part by the board of commissioners, shall be deemed to be forever settled, as awarded by said board, unless appeal be taken to the supreme court, as already prescribed.”

The Māhele gave the hoaʻāina an opportunity to acquire a fee-simple property interest (lands awarded to the hoaʻāina became known as “Kuleana Lands”) in land on which they lived and actively cultivated, but the process required them to provide personal testimonies regarding their residency and land use practices.

Unlike the Māhele awards (which required payment of commutation, either in land or in cash equal to one-third of the unimproved value of the land at the time of the Māhele) kuleana lands granted “fee simple titles, free of commutation … to all native tenants, who occupy and improve any portion of any Government land, for the land they so occupy and improve, and whose claims to said lands shall be recognized as genuine by the Land Commission”.

“In granting to the people, their house lots in fee simple, such as are separate and distinct from their cultivated lands, the amount of land in each of said House lots shall not exceed one quarter of an acre.”

“In granting to the people their cultivated grounds, or Kalo lands, they shall only be entitled to what they have really cultivated, and which lie in the form of cultivated lands; and not such as the people may have cultivated in different spots, with the seeming intention of enlarging their lots; nor shall they be entitled to the waste lands.”  (Privy Council Minutes, December 21, 1849; Punawaiola)

Often, the kuleana included several apana (pieces.) These typically included the site where the house was located, various loʻi kalo and other areas of cultivation.

The hoaʻāina/makaʻāinana had to follow certain steps before they could own their land. First, they had to have their kuleana surveyed, or measured for size and boundaries. Then they had to present their claims to the Land Commission, showing that they had a right to those kuleana.

Of the 29,221 adult males in Hawaii in 1850 eligible to make land claims, the total number of claims amounted to 13,514, of which 209 belonged to foreigners and their descendants. The original papers, as they were received at the office, were numbered and copied into the Registers of the Commission.  (Maly)

The whole number of Awards finalized by the Board up to its dissolution is 9,337, leaving an apparent balance of claims not awarded of about 4,200 (some were duplicates, some had been rejected as bad, some were not pursued by the parties.)

The kuleana awards account for a combined 28,600 acres of land - less than one percent of the Kingdom’s lands. (Lots of information here from Maly.)  The image shows a representation of a family’s kuleana.

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Kālaiʻāina

Early on, with the family unit being the socio-political structure, there was no need for a hierarchical or complex society.  However, as the population increased and wants and needs increased in variety and complexity, the need for chiefly rule became apparent.

Eventually, a highly stratified society evolved consisting of the Ali‘i (ruling class,) Kahuna (priestly and expert class of craftsmen, fishers and professionals) and Makaʻāinana (commoner class.)

The concept of private ownership of property did not exist in Hawaiʻi. The Kings were the sovereign owners of all of the land which was in turn controlled by the aliʻi nui or high chiefs and tended or farmed by the kanaka or commoners.  (RE3)

Laws and rules, called kapu, were created to prohibit abuse of resources, both to the land and ocean. The kapu prohibited certain practices in order to preserve scarce or limited resources. In this system everyone was entitled to a share of what was produced from the soil or taken from the sea.  (RE3)

Over the centuries, the Islands weren’t unified under single rule.  Leadership sometimes covered portions of an island, sometimes covered a whole island or groups of islands.  Island rulers, Aliʻi or Mōʻī, typically ascended to power through warfare and familial succession.

At the period of Captain Cook’s arrival (1778-1779), the Hawaiian Islands were divided into four kingdoms: (1) the island of Hawaiʻi under the rule of Kalaniʻōpuʻu, who also had possession of the Hāna district of east Maui; (2) Maui (except the Hāna district,) Molokaʻi, Lānaʻi and Kahoʻolawe, ruled by Kahekili; (3) Oʻahu, under the rule of Kahahana; and at (4) Kauaʻi and Niʻihau, Kamakahelei was ruler.

There were family connections of these four to Kamehameha; the death of Kiwalaʻo; the "Four Kona Uncles" (Keʻeaumoku, Keaweaheulu, Kameʻeiamoku and Kamanawa (the last two are twins and are depicted on the Hawaiian Coat of Arms;)) permission from Kalola to marry her granddaughter (after the defeat of Maui) and how Kamehameha secured his "unification" by "sharing the spoils" of the conquests and "braided the bloodlines;" eventually leading to the agreement with Kaumualiʻi.  (Yardley)

In Hawaiʻi, as in other parts of the world, control of the ʻāina has long been recognized as the basis for sovereignty. This was especially true in traditional Hawaiian society before Kamehameha united the islands.  At that time, the ultimate control of all ʻāina was vested in the mō’ī of each island, as he or she was the paramount Chief. (Kameʻeleihiwa)

Control of ʻāina is not the same as ownership of ʻāina, in the Western capitalist sense. In traditional Hawaiian society, ʻāina was given from one person to another, but was never bought or sold.

 If in Hawaiian metaphor, all ʻāina and products of the ʻāina - in fact life itself - proceed from the Akua, then "ownership" of the ʻāina and all wealth emanating from the ʻāina rightfully belong to those Akua from whom they proceed.  (Kameʻeleihiwa)

Kālaiʻāina (the carving/distribution of land) by the mōʻī was practiced not only upon conquest, but traditionally at the peaceful ascension of a new mōʻī.  (Klieger)

After selecting lands for himself, the King allotted the remaining to the warrior Chiefs who rendered assistance in his conquest.  These warrior Chiefs, after retaining a portion for themselves, reallotted the remaining lands to their followers and supporters.

However, no one owned the land and at death a parcel or unit was returned to the overseer for redistribution. Essentially, the king could distribute land to anyone he wanted if he so chose. (RE3)

The distribution of lands was all on a revocable basis.  What the superior gave, he was able to take away at his pleasure.  This ancient tenure was in nature feudal, although the tenants were not serfs tied to the soil - they were allowed to move freely from the land of one Chief to that of another.

A process for formal individual “ownership” of the land followed a transition over the years.  In 1839 the Bill of Rights of the Hawaiian Islands was enacted which guaranteed that people’s lands would not be taken from them.

In 1840, the first Constitution of Hawai`i was enacted. This constitution made it clear that people had an interest in land greater than that of the bounty and produce of the land.

In 1845, the Land Commission was created in Hawaiʻi by Kamehameha III to award land claims. Then, in 1848, the Māhele (land division) occurred with the King and 245 aliʻi and konohiki came together to divide the land.

Each māhele was in effect a quitclaim agreement between the King and a Chief or Konohiki with reference to the lands in which they both claimed interests.  For the lands set aside for the Chief or Konohiki, the King signed an agreement: “I hereby agree that this division is good.  The lands above written are for (name of Chief or Konohiki); consent is given to take it before the Board of Commissioners to Quiet Land Titles.”

The Māhele itself did not convey title to land. The high Chiefs and the lesser Konohiki were required to present their claims before the Land Commission to receive awards for the lands.  With an award, the person was still required to pay commutation to the government, in cash or by surrender of equally valuable lands (set at one third of the value of the unimproved land.)

In the Māhele of 1848, of the approximate 10,000 awards, around 1,000,000-acres were reserved by King Kamehameha III as “Crown” lands, 1,500,000-acres were given by the King (as “Government” lands) to the 'government and people', approximately 1,500,000-acres were set aside for the Chiefs (as “Konohiki” lands) and less than 30,000-acres of land were awarded to the native tenants (Kuleana lands.)

The image the respective ahupuaʻa for the Islands (typical land divisions that were part of the kālaiʻāina (carving and distribution of the lands.) (Image to be posted later.)

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Saint Patrick's Day

Saint Patrick was a 5th-century Romano-British Christian missionary and bishop in Ireland. Known as the "Apostle of Ireland", he is the primary patron saint of the island.

Legend credits St. Patrick with teaching the Irish about the doctrine of the Holy Trinity by showing people the shamrock, a three-leafed plant, using it to illustrate the Christian teaching of three persons (the Father, the Son (Jesus) and the Holy Spirit) in one God.  (Shamrocks are a central symbol for St Patrick’s Day.)  St Patrick is also credited with ridding Ireland of snakes, chasing them into the sea.

St. Patrick features in many stories in the Irish oral tradition and there are many customs connected with his feast day.  March 17, popularly known as St. Patrick's Day, is believed to be his death date and is the date celebrated as his feast day.

St. Patrick has never been formally canonized by a Pope; nevertheless, various Christian churches declare that he is a Saint in Heaven (he is included in the List of Saints.)

So, today, we celebrate the death of St Patrick; we also celebrate the “birth” of Kauikeaouli.

On the night of his birth, the chiefs gathered about the mother.  Early in the morning the child was born but as it appeared to be stillborn.

Then came Kaikioʻewa from some miles away, close to Kuamoʻo, and brought with him his prophet (Kamaloʻihi or Kapihe) who said, "The child will not die, he will live."

The child was well cleaned and laid upon a consecrated place and the seer (kaula) took a fan (peʻahi), fanned the child, prayed, and sprinkled him with water, at the same time reciting a prayer.

The child began to move, then to make sounds and at last he came to life. The seer gave the boy the name of "The red trail" (Keaweaweʻula) signifying the roadway by which the god descends from the heavens.  The name Kauikeaouli means “placed in the dark clouds.”

Kauikeaouli was the second son of Keōpūolani by Kamehameha, and she called him Kīwalaʻo after her own father. She was the daughter of Kiwalaʻo and Kekuʻiapoiwa Liliha, both children of Kalola and hence Keōpūolani was a niʻaupiʻo and a naha chiefess, and the niʻaupiʻo rank descended to her children and could not be lost by them.  (Kamakau)

Kauikeaouli was only nine years old when his older brother Liholiho sailed to England; Liholiho died on that trip, leaving Kauikeaouli successor to the rule over Hawaiʻi. As he was then too young to assume command, affairs were administered by his guardians, Kaʻahumanu and Kalanimōku, and the other chiefs under them.

We more commonly reference Kauikeaouli as Kamehameha III.  He was the longest reigning Hawaiian monarch, serving 29-years, from 1825 to 1854.

There is scarcely in history, ancient or modem, any King to whom so many public reforms and benefits can be ascribed, as the achievements of his reign. Yet what King has had to contend with so many difficulties as King Kamehameha III? (The Polynesian, 1855)

“That the existence of the King, chiefs and the natives, can only be preserved by having a government efficient for the administration of enlightened justice, both to natives and the subjects of foreign powers residing in the islands, and that chiefly through missionary efforts the natives have made such progress in education and knowledge, as to justify the belief that by further training, they may be rendered capable of conducting efficiently the affairs of government; but that they are not at present so far advanced.”  (Kamehameha IV, in Obituary to his hānai father)

In private life, Kamehameha III was mild, kind, affable, generous and forgiving. He was never more happy than when free from the cares and trappings of state. He could enjoy himself sociably with his friends, who were much attached to him. (The Polynesian, 1855)

Having associated much, while a boy, with foreigners, he continued to the last to be fond of their company. Without his personal influence, the law to allow them to hold lands in fee simple could never have been enacted.  (The Polynesian, 1855)

It is hardly possible to conceive any King more generally beloved than was Kamehameha III; more universally obeyed, or more completely sovereign in the essential respect of independent sovereignty, that of governing his subjects free from any influence or control coming from beyond the limits of his own jurisdiction.  (The Polynesian, 1855)

Under his leadership, Hawaiʻi changed from an isolated island kingdom to a recognized member of the modem world. Many of the things he did as king still influence life in Hawaiʻi today.  (Kamehameha Schools Press)

The following are only some of the many accomplishments of Kamehameha III (Kauikeaouli:)

• On June 6, 1825, Kauikeaouli was proclaimed king of Hawaiʻi. To the people he said, “Where are you, chiefs, guardians, commoners?  I greet you.  Hear what I say! My kingdom I give to God.  The righteous chief shall be my chief, the children of the commoners who do you right shall be my people, my kingdom shall be one of letters.”  (Kamakau - Kamehameha Schools Press)
• June 7, 1839, he signed the Declaration of Rights (called Hawai‘i’s Magna Charta) that, in part, noted, "God hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.”
• June 17, 1839 he issued the Edict of Toleration permitting religious freedom for Catholics in the same way as it had been granted to the Protestants.
• June 28, 1839 he founded Chief’s Children’s School (The Royal School;) the main goal of this school was to groom the next generation of the highest ranking chiefs’ children of the realm and secure their positions for Hawaiʻi’s Kingdom.  (He selected missionaries Amos and Juliette Cooke to teach the 16 royal children and run the school.)
• October 8, 1840 (the King was about 27-years-old) he enacted the Constitution of 1840 that, in part, changed the government from one of an absolute monarchy to a constitutional monarchy. It provided for a separation of powers between three branches of government, with executive power in the hands of the king, the kuhina nui (similar to a prime minister) and four governors; a bicameral legislative body consisting of a house of nobles and a house of representatives, with the house of representatives elected by the people; and a judiciary system, including a supreme court.
• April 27, 1846 he declared that “the forests and timber growing therein shall be considered government property, and under the special care of the Minister of the Interior ...;” effectively starting the process of protecting our mauka watersheds.
• January 27, 1848 through March 7, 1848 he participated in what we refer to as the “Great Māhele” that was a reformation of the land system in Hawaiʻi and allowed private ownership.
• June 14, 1852 he enacted the Constitution of 1852 that expanded on the Declaration of Rights, granted universal (adult male) voting rights for the first time and changed the House of Nobles from a hereditary body to one where members served by appointment by the King. It also institutionalized the three branches of government and defined powers along the lines of the American Constitution.
• Toward the end of Kauikeaouli’s reign there were 423-schools in Hawaiʻi with an enrollment of over twelve-thousand-students. Most of the schools were elementary schools using Hawaiian as the language of instruction.

Kauikeaouli (Kamehameha III) died December 15, 1854 (at the age of 41.)

Kauikeaouli’s exact birth date is not known; however, the generally accepted date is August 11, 1813.  Never-the-less, Kauikeaouli was apparently an admirer of Saint Patrick and chose to celebrate his birthday on March 17.  Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.

The image shows Kauikeaouli in 1825, the year he became King.  In addition, I have included other related images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Gerrit P Judd

In 1828, the American Board of Commissioners for Foreign Mission (ABCFM) sent 20-people in the Third Company of missionaries to Hawaiʻi, including four ministers and their wives.

A physician and his wife accompanied the ministers, Dr. Gerrit Parmele Judd and Laura Fish Judd.  Dr. Judd was sent to replace Dr. Abraham Blatchely, who, because of poor health, had left Hawaiʻi the previous year.

Judd, a medical missionary, had originally come to the islands to serve as the missionary physician, intending to treat native Hawaiians for the growing number of diseases introduced by foreigners. He immersed himself in the Hawaiian community, becoming a fluent speaker of Hawaiian.  Judd soon became an adviser to and supporter of King Kamehameha III.

In May 1842, Judd was asked to leave the Mission and accept an appointment as "translator and recorder for the government," and as a member of the "treasury board," with instructions to aid Oʻahu’s Governor Kekūanāoʻa in the transaction of business with foreigners.

Up to that time there was no real financial system. The public revenues were received by the King and no distinction was made between his private income and that which belonged to the government or public.  Judd, as chairman of the treasury board, was responsible to organize a public accounting system.    (Hawaiian Mission Centennial Book)

As chairman of the treasury board he not only organized a system, he also helped to pay off a large public indebtedness and placed the government on a firm financial footing. (Hawaiian Mission Centennial Book)

In early-1843, Lord George Paulet, purportedly representing the British Crown, overstepped his bounds, landed sailors and marines, seized the government buildings in Honolulu and forced King Kamehameha III to cede the Hawaiian kingdom to Great Britain.

Paulet raised the British flag and issued a proclamation formally annexing Hawaii to the British Crown.  This event became known as the Paulet Affair.

Judd secretly removed public papers to the Pohukaina mausoleum on the grounds of what is now ʻIolani Palace to prevent British naval officers from taking them. He used the mausoleum as his office; by candlelight, and using the coffin of Kaʻahumanu as a writing desk, Judd wrote appeals to London and Washington to free Hawaiʻi from the rule of Paulet.

His plea, heard in Britain and the US, was successful, and after five-months of occupation, the Hawaiian Kingdom was restored and Adm. Thomas ordered the Union Jack removed and replaced with the Hawaiian kingdom flag.

Judd stood beside the King on the steps of Kawaiahaʻo Church to announce the news, translating Admiral Thomas’ declaration into Hawaiian for the crowd.

In November 1843, Judd was appointed secretary of state for foreign affairs, with the full responsibility of dealing with the foreign representatives.  He was succeeded by Mr. RC Wyllie, in March 1845, and was then appointed minister of the interior.

By that time, the King had become convinced that the ancient system of land tenure was not compatible with the progress of the nation, and he resolved to provide for a division of the lands which would terminate the feudal nature of land tenure (eventually, the Great Māhele was held, dividing the land between the King, Government, Chiefs and common people.

As part of the Māhele, on Judd's recommendation, a law was passed that provided for the appointment of a commission to hear and adjudicate claims for land. Such claims were based on prior use or possession by the chiefs and others; successful claims were issued Awards from the Land Commission.

In 1846, Judd was transferred from the post of minister of the interior to that of minister of finance (which he held until 1853, when by resignation, he terminated his service with the government.)

In 1850, King Kamehameha III sold approximately 600-acres of land on the windward side of Oʻahu to Judd.  In 1864, Judd and his son-in-law, Samuel Wilder, formed a sugar plantation and built a major sugar mill there; a few remains of this sugar mill still exist next to the Kamehameha Highway.

Later, additional acreage in the Hakipuʻu and Kaʻaʻawa valleys were added to the holdings (it’s now called Kualoa Ranch.)

In 1852, Judd served with Chief Justice Lee and Judge John Ii on a commission to draft a new constitution, which subsequently was submitted to and passed by the legislature and duly proclaimed

It was much more complete in detail than the constitution of 1840, and separated the three coordinate branches of the government in accordance with modern ideas.

Judd wrote the first medical book in the Hawaiian language. Later, Judd formed the first Medical School in the Islands.  Ten students were accepted when it opened in 1870, all native Hawaiians (the school had a Hawaiians-only admissions policy.)

Judd participated in a pivotal role in Medicine, Finance, Law, Sovereignty, Land Tenure and Governance in the Islands. Gerrit P Judd died in Honolulu on July 12, 1873.

“He was a man of energy, courage and sincerity of purpose. He was an able physician, and he developed great aptitude for the administration of public affairs. The benefit of his talents was freely and liberally given to a people who he knew needed and deserved assistance.”  (Hawaiian Mission Centennial Book)

The image shows Gerrit P Judd.  In addition, I have included other images in a folder of like name in the Photos section on my Google+ page.

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Honolulu - About 1850

On the continent: the Donner Party was trapped in heavy snow (1846;) California Gold Rush was underway (1848;) and the Treaty of Guadalupe-Hidalgo ended the Mexican-American War, giving the United States Texas, California, New Mexico and other territories (1848.)  Europe was in political upheaval with the European Revolutions of 1848 (aka "Spring of Nations" or "Springtime of the Peoples.")

In Hawaiʻi, Kauikeaouli, Kamehameha III, was King and the Great Māhele (1848) was taking place; it was the most important event in the reformation of the land system in Hawaiʻi that separated land title to the King, the Chiefs and the Konohiki (land agents,) and eventually the people.

At about that time, Honolulu had approximately 10,000-residents.  Foreigners made up about 6% of that (excluding visiting sailors.)  Laws at the time allowed naturalization of foreigners to become subjects of the King (by about that time, about 440 foreigners exercised that right.)

The majority of houses were made of grass (hale pili,) there were about 875 of them; there were also 345 adobe houses, 49 stone houses, 49 wooden houses and 29 combination (adobe below, wood above.)  In 1847, Washington Place was built by future-Queen Liliʻuokalani's father-in-law.

Kawaiahaʻo Church (Stone Church) generally marked the eastern edge of town; it was constructed between 1836 and 1842.  The “Kauikeaouli clock,” donated by King Kamehameha III in 1850, still tolls the time to this day.

Honolulu Harbor was bustling at that time.  Over the prior twenty years, the Pacific whaling fleet nearly quadrupled in size and in the record year of 1846; 736-whaling ships arrived in Hawai‘i.

Shortly after, however, in 1859, an oil well was discovered and developed in Titusville, Pennsylvania; within a few years this new type of oil replaced whale oil for lamps and many other uses – spelling the end of the Hawaiʻi whaling industry.

At the time, Honolulu Harbor was not as it is today and many of the visiting ships would anchor two to three miles off-shore - cargo and people were ferried to the land.

What is now known as Queen Street was actually the water’s edge.

From 1856 to 1860, the work of filling in the reef to create an area known as the "Esplanade" (where Aloha Tower is now situated) and building up a water-front and dredging the harbor was underway.

Fort Kekuanohu (Fort Honolulu) was demolished in 1857; its walls became the 2,000-foot retaining wall used to extend the land out onto the shallow reef in the harbor - some of the coral blocks are still visible at Pier 12.

The old prison was built in 1856-57, to take the place of the old fort (that also previously served as a prison.)  The custom-house was completed in 1860.  The water-works were much enlarged, and a system of pipes was laid down in 1861.

The city was regularly laid out with major streets typically crossing at right angles - they were dirt (Fort Street had to wait until 1881 for pavement, the first to be paved.)  Sidewalks were constructed, usually of wood (as early as 1838;) by 1857, the first sidewalk made of brick was laid down on Merchant Street.

Honolulu Hale was then located on Merchant Street (now the park/vacant lot between the Kamehameha V Post Office and Pioneer Plaza.)  County governance was still 50-years away (1905) and what we now know as Honolulu Hale today was 75-years away (1928.)

To get around people walked, or rode horses or used personal carts/buggies.  It wasn't until 1868, that horse-drawn carts became the first public transit service in the Hawaiian Islands.

At that time, folks were 50-years away from getting automobiles (the first gasoline-powered arrived in 1900;) that same year (1900,) an electric trolley (tram line) was put into operation in Honolulu, and by 1902, a tram line was built to connect Waikīkī and downtown Honolulu. The electric trolley replaced the horse/mule-driven tram cars.

Honolulu was to be a planned town. Kinaʻu (Kuhina Nui Kaʻahumanu II) published the following proclamation (1838:) "I shall widen the streets in our city and break up some new places to make five streets on the length of the land, and six streets on the breadth of the land... Because of the lack of streets some people were almost killed by horseback riders …."  By 1850, there was much improvement.

By the 1840s, the use of introduced horses, mules and bullocks for transportation was increasing, and many of the old traditional trails - the ala loa and mauka-makai trails within ahupua‘a - were modified by removing the smooth stepping stones that caused the animals to slip.

At the time, "Broadway" was the main street (we now call it King Street;) it was the widest and longest - about 2-3 miles long from the river (Nuʻuanu River on the west) out to the "plains" (to Mānoa.)

There were five food markets in Honolulu (in thatched sheds) one of which was more particularly a vegetable market.  Irish potatoes were $2-$3 per bushel (about 50-lbs;) eggs were $0.25 to $0.75 per dozen; oranges $0.25 per dozen and turkeys and ducks were about $.05 each, chickens started at about $0.25 a piece.

Butter was mostly made on the Big Island and Kauaʻi - about 19,000-lbs produced - and sold at an average price of $0.30 per pound; milk was 12 1/2 cents a quart.  Fresh beef sold for $0.06 per pound.

The fledgling sugar industry was starting to spread across the islands (with the first successful commercial sugar plantation founded in 1835 at Kōloa, Kauaʻi.)  It wasn’t until 1852 that the Chinese became the first contract laborers to arrive in the islands.  Of the nearly 385,000 foreign contract workers that eventually came, many thousands stayed to become a part of Hawai‘i’s unique ethnic mix.

Founded in 1839, Oʻahu's first school was called the Chief’s Children’s School.  The school was created by King Kamehameha III to groom the next generation of the highest ranking chief's children of the realm and secure their positions for Hawaii's Kingdom.

Missionaries Amos and Juliette Cooke were selected by King Kamehameha III to teach the 16 royal children and run the school.

Here, Hawai‘i sovereigns (who reigned after Kamehameha III over the Hawaiian people after his death in 1854) were given Western education, including, Alexander Liholiho (King Kamehameha IV,) Queen Emma, Lot Kapuaiwa (King Kamehameha V,) King William Lunalilo, King David Kalākaua and Queen Lydia Lili‘uokalani.

Lots of information here from 'The Polynesian' (January 1, 1847,) Greer and Gilman.  The image shows Honolulu from the Harbor in 1854.  In addition, I have added some other related images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Kamehameha III (Kauikeaouli)

Kauikeaouli appeared to be stillborn, but was revived.  He was the second son of Kamehameha I.   His birth site is at the head of Keauhou Bay (the Daughters of Hawaiʻi own and maintain the area.)

His exact birth date is not known; however, the generally accepted date is August 11, 1813.  Never-the-less, Kauikeaouli was apparently an admirer of Saint Patrick and chose to celebrate his birthday on March 17.

Kauikeaouli spent the first 5-years of his life with Chief Kaikioʻewa in the ‘O‘oma ahupuaʻa in Kona (the place where he first learned to be a king.)

Other early education the infant Prince received was at Kailua-Kona, from the Rev. Asa Thurston and Thomas Hopu, a native Hawaiian who had been educated on the continent and who came with the first missionaries to Hawaiʻi.  In Honolulu, the Prince was the pupil of Rev. Hiram Bingham.

The younger brother of Liholiho, he served as Hawai‘i’s King from 1825 to 1854 – the longest ruling monarch over the Hawaiian Kingdom.  Kauikeaouli was a pre-teen when he ascended to the throne; in the early years of his rule, he served under a regency with Kaʻahumanu, his father’s favorite queen, as joint ruler.

During the early- to mid-1800s timeframe, there were significant changes occurring that greatly affected the Hawaiian people:

• his mother Keōpūolani  and Kaʻahumanu convinced Liholiho to effectively break the Kapu system
• the health of many Hawaiians was weakened by exposure to new diseases, common cold, flu, measles, mumps, smallpox and venereal diseases
• as more ships came in, many of those who came to Hawaiʻi chose to stay and settle
• Hawaiʻi changed from a land of all Hawaiians to a place of mixed cultures, languages and races
• many new plants and animals were brought to the islands, both on purpose and by accident
• new products by foreign ships were traded
• the economy and everyday life was changing from a subsistence way of life to a commodity-based economy that started with barter and trade, that eventually changed to a monetary system
• there was growth of business centers, where people ended up living closer to one another, typically surrounding the best seaports for western ships (small towns soon grew into large cities)

There is scarcely in history, ancient or modem, any King to whom so many public reforms and benefits can be ascribed, as the achievements of his reign. Yet what King has had to contend with so many difficulties as King Kamehameha III? (The Polynesian, 1855)

“That the existence of the King, chiefs and the natives, can only be preserved by having a government efficient for the administration of enlightened justice, both to natives and the subjects of foreign powers residing in the islands, and that chiefly through missionary efforts the natives have made such progress in education and knowledge, as to justify the belief that by further training, they may be rendered capable of conducting efficiently the affairs of government; but that they are not at present so far advanced.”  (Kamehameha IV, In Obituary to the departed King)

In private life, Kamehameha III  was mild, kind, affable, generous and forgiving. He was never more happy than when free from the cares and trappings of state. He could enjoy himself sociably with his friends, who were much attached to him. (The Polynesian, 1855)

Having associated much, while a boy, with foreigners, he continued to the last to be fond of their company. Without his personal influence, the law to allow them to hold lands in fee simple could never have been enacted; neither could conflicting claims to land have been settled and registered by that most useful institution, the Board of Land Commissioners.  (The Polynesian, 1855)

It is hardly possible to conceive any King more generally beloved than was Kamehameha III; more universally obeyed, or more completely sovereign in the essential respect of independent sovereignty, that of governing his subjects free from any influence or control coming from beyond the limits of his own jurisdiction.  (The Polynesian, 1855)

Under his leadership, Hawaiʻi changed from an isolated island kingdom to a recognized member of the modem world. Many of the things he did as king still influence life in Hawaiʻi today.  (Kamehameha Schools Press)

The following are only some of the many accomplishments of Kamehameha III (Kauikeaouli:)

• On June 6, 1825, Kauikeaouli was proclaimed king of Hawaiʻi. To the people he said, “Where are you, chiefs, guardians, commoners?  I greet you.  Hear what I say! My kingdom I give to God.  The righteous chief shall be my chief, the children of the commoners who do you right shall be my people, my kingdom shall be one of letters.”  (Kamakau - Kamehameha Schools Press)
• June 7, 1839, he signed the Declaration of Rights (called Hawai‘i’s Magna Charta) that, in part, noted, "God hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.”
• June 17, 1839 he issued the Edict of Toleration permitting religious freedom for Catholics in the same way as it had been granted to the Protestants.
• June 28, 1839 he founded Chief’s Children’s School (The Royal School;) the main goal of this school was to groom the next generation of the highest ranking chiefs’ children of the realm and secure their positions for Hawaiʻi’s Kingdom.  (Missionaries Amos and Juliette Cooke were selected to teach the 16 royal children and run the school.)
• October 8, 1840 (the King was about 27-years-old) he enacted the Constitution of 1840 that, in part, changed the government from one of an absolute monarchy to a constitutional monarchy. It provided for a separation of powers between three branches of government, with executive power in the hands of the king, the kuhina nui (similar to a prime minister) and four governors; a bicameral legislative body consisting of a house of nobles and a house of representatives, with the house of representatives elected by the people; and a judiciary system, including a supreme court.
• April 27, 1846 he declared that “the forests and timber growing therein shall be considered government property, and under the special care of the Minister of the Interior ...;” effectively starting the process of protecting our mauka watersheds.
• January 27, 1848 through March 7, 1848 he participated in what we refer to as the “Great Māhele” that was a reformation of the land system in Hawaiʻi and allowed private ownership
• June 14, 1852 he enacted the Constitution of 1852 that expanded on the Declaration of Rights, granted universal (adult male) voting rights for the first time and changed the House of Nobles from a hereditary body to one where members served by appointment by the King. It also institutionalized the three branches of government and defined powers along the lines of the American Constitution.
• Toward the end of Kauikeaouli’s reign there were 423 schools in Hawaiʻi with an enrollment of over twelve-thousand-students. Most of the schools were elementary schools using Hawaiian as the language of instruction.

Kauikeaouli (Kamehameha III) died December 15, 1854 (at the age of 41.)

Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.  I think I'll have a Guinness (or two) tonight in his honor.  (Happy St Patrick’s Day.)

The image shows Kamehameha III (Kauikeaouli.)   In addition, I have included other related images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Wailupe Pond (Punakou Pond)

In ancient Hawai‘i, fishponds were an integral part of the ahupua‘a.  Hawaiians built rock-walled enclosures in near shore waters, to raise fish for their communities and families.  It is believed these were first built around the fifteenth century.

The ancient Hawaiian fishpond is a sophisticated land and ocean resource management technique.  Utilizing raw materials such as rocks, corals, vines and woods, the Hawaiians created great walls (kuapā) and gates (mākāhā) for these fishponds.

It is reported that there were 488 fishponds statewide, however only about 60 fishponds remain recognizable today.

Thirteen fishponds have been restored statewide, with six ponds currently in use: three on Moloka‘i, one on the island of Hawai‘i and two on O‘ahu.

Reportedly, O‘ahu alone had 97 fishponds, but only six accessible ponds remain today and all are located on the windward side.

In 1848, when King Kamehameha III pronounced the Great Māhele, or land distribution, Hawaiian fishponds were considered private property by landowners and by the Hawaiian government.

This was confirmed in subsequent Court cases that noted “titles to fishponds are recognized to the same extent and in the same manner as rights recognized in fast land.”

Some coastal fishponds are privately owned.  Over the years, many of them have been filled and, typically, developed with houses.

Loko Nui o Wailupe, the large fishpond at Wailupe, was simply called "Wailupe fishpond" or "big pond" in Boundary Commission records (it was also referenced as Punakou Pond).

The pond covered an overall area of approximately 41-acres.  Its perimeter wall was approximately 2,500 feet long; it had four mākāhā (sluice gates.)  The typical section of the wall was approximately 2-feet thick.

It was claimed as Crown land together with the Punakou spring (Punakou spring was formerly on the mauka side of Wailupe fishpond.)

Wailupe Pond is an example of an ancient fishpond that was subsequently filled and developed.  It was one of a few historic fishponds that were built on the shore of Maunalua Bay.

Some of the others include Niu, now Niu Peninsula and Kuapā at Hawaii Kai, now Hawaii Kai Marina.

The pond lay within the Wailupe ahupua‘a owned by the Hind family.  Apparently, the tsunami of 1946 severely damaged the seaward walls of the pond.

The Hinds then sold the property to Lowell Dillingham (owner of Hawaiian Dredging Company) who lived nearby.

In 1947, Robert Hind, Ltd began developing Wailupe Valley as the residential community of ‘Āina Haina.  In 1948, in conjunction with the development of the valley, the Hawaiian Dredging Company, owner of the historic fishpond, converted it into a residential subdivision.

A deep channel (depth of approximately 12 to 20 feet) was dredged around the pond, as well as a channel through the reef to the open ocean) and dredge material filled in the pond, creating what is now Wailupe Peninsula (commonly referred to Wailupe Circle.)

The fishpond was filled with more than half a million cubic yards of coral (the at-grade elevation of the Peninsula is approximately five feet above mean sea level (msl.))

When the boat channel was dredged, a narrow margin of shallow reef (approximately 10 to 20-feet wide) was left to remain between the perimeter seawall and the boat channel.

Times and land uses have changed.  What once was a fishpond is now a residential community.  Wailupe Pond is an illustration of that.  The image shows Wailupe Pond in a 1934 USGS map.  In addition, I have included some other images and maps of the area, before and after the pond was filled, in a folder of like name in the Photos section on my Facebook page.

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Kauikeaouli – Kamehameha III

When I was a sophomore at University of Denver, I transferred into the business school and changed my major to real estate.

As a student of real estate, I became fascinated with Hawai‘i’s Great Māhele and the actions of Kauikeaouli, Kamehameha III.

Prior to the Māhele, the king controlled everything; he delegated authority to some of the land to his favored chiefs.

Although the chiefs controlled the land and extracted food and labor from the commoners who farmed the soil, “everyone had rights of access and use to the resources of the land and the sea … The people were sustained by a tradition of sharing and common use.”

The Great Māhele did not convey land, but established a land commission and provided the means whereby land claims could be presented to the commission and decided by them.

Ultimately, it transformed land tenure from feudal/communal trusteeship to private ownership.

It turns out that the Māhele is not my only tie to Kamehameha III.  In doing research for various planning projects we have been involved with, I learned of Kamehameha III’s ties back to Hiram Bingham, my great-great-great grandfather.

While doing a Master Plan, Cultural Impact Assessment and Environmental Assessment for DHHL on their lands on Mauna Kea, I learned that Bingham and Kamehameha III traveled to the summit of Mauna Kea together.  Mauna Kea is a very special place for me.

In doing some preliminary research for another planning project on Kaua‘i, I learned that Bingham and Kamehameha III interacted with each other there, as well.

Since I spent a lot of time in Kona, I was aware that Kauikeaouli’s Birthsite was in Keauhou.  This is one of the featured sites in the Royal Footsteps Along the Kona Coast Scenic Byway; we prepared its Corridor Management Plan.

Kauikeaouli spent the first 5-years of his life in the ‘O‘oma ahupua‘a in Kona (the place where he first learned to be a king.)  For the past five years, I have been working on planning and permitting on the coastal part of the ‘O‘oma ahupua‘a.

In 1846, Kamehameha III and the legislature passed a law declaring “the forests and timber growing therein shall be considered government property" in an effort to conserve the forests from further encroachment on the seaward side by the plantations’ need for fuel and on the mountain side from grazing animals.

The Forest Reserves in the state are managed by DLNR; as Director of DLNR, I oversaw the activities and was responsible for DLNR's Forestry and Wildlife Division, which oversees the State's forested lands.

Interesting; somehow I feel a link – I feel close to Kauikeaouli.  (Whenever his name comes up, I have anticipation on learning more about him.)

I wonder how our next project will link me back to Kauikeaouli - Kamehameha III.

Kauikeaouli was stillborn, but was revived.  He was the second son of Kamehameha I. 

The younger brother of Liholiho, he served as Hawai‘i’s King from 1825 to 1854.  Kauikeaouli was only about 10 or 11 when he ascended to the throne and had the longest reign in Hawaiian history.

In the early years of his rule, he served under a regency with Ka`ahumanu, his father’s favorite queen, as joint ruler.

In addition relinquishing his ownership and control of lands through the Great Māhele, a major gift to the people of Hawai‘i, Kauikeaouli also initiated other beneficial programs for his people.

Kamehameha III promulgated the Declaration of Rights, called Hawai‘i’s Magna Charta, on June 7, 1839, the Edict of Toleration on June 17, 1839 and the first constitution on October, 8, 1840.

Kauikeaouli’s second major gift to the Hawaiian people was when he granted the common people the right to participate in governing the Hawaiian Kingdom.

This first written constitution for Hawai‘i contained several innovations, including a representative body of legislators elected by the people.  It also set up a supreme court.  The first compilation of laws was published in 1842.

His exact birth date is not known; however, the generally accepted date is August 11, 1813.

Never-the-less, Kauikeaouli was an admirer of Saint Patrick and chose to celebrate his birthday on March 17 (today.)

Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.  I think I'll have a Guinness (or two) tonight in his honor.

The Great Māhele: The Origin Of Hawaiian Land Titles

At the time of Captain Cook's contact with the Hawaiian Islands the land was divided into several independent Kingdoms.  By right of conquest, each King was owner of all the lands within his jurisdiction.

After selecting lands for himself, the King allotted the remaining to the warrior Chiefs who rendered assistance in his conquest.  These warrior Chiefs, after retaining a portion for themselves, reallotted the remaining lands to their followers and supporters.

The distribution of lands was all on a revocable basis.  What the superior gave, he was able to take away at his pleasure.  This ancient tenure was in nature feudal, although the tenants were not serfs tied to the soil - they were allowed to move freely from the land of one Chief to that of another. 

Under King Kamehameha III, the most important event in the reformation of the land system in Hawaii was the separation of the rights of the King, the Chiefs and the Konohiki (land agents.)

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

More than 240 of the highest ranking Chiefs and Konohiki in the Kingdom joined Kamehameha III in this task.  The first māhele, or division, of lands was signed on January 27, 1848; the last māhele was signed on March 7, 1848 (164-years ago, today.)

Each māhele was in effect a quitclaim agreement between the King and a Chief or Konohiki with reference to the lands in which they both claimed interests.

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

The remaining lands were set aside for the Chief or Konohiki and the King signed an agreement: “I hereby agree that this division is good.  The lands above written are for (name of Chief or Konohiki); consent is given to take it before the Board of Commissioners to Quiet Land Titles.”

The Great Māhele itself did not convey title to land.

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

Even after receiving a Land Commission Award, the recipient did not acquire a free and clear title.  He was still required to pay commutation to the government, in cash or by surrender of equally valuable lands (set at one third of the value of the unimproved land.)

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

The lands identified and separated in 1848 as Crown lands, Government lands and Konohiki lands were all “subject to the rights of native tenants” on their respective kuleana.  The Land Commission was authorized to award fee simple titles to native tenants who occupied and improved the land (and proved they actually cultivated those lands for a living.)

In the Great Māhele of 1848, of the approximate 10,000 awards, around 1,000,000-acres were reserved by King Kamehameha III as “Crown” lands, 1,500,000-acres were given by the King (as “Government” lands) to the 'government and people', approximately 1,500,000-acres were set aside for the Chiefs (as “Konohiki” lands) and less than 30,000-acres of land were awarded to the native tenants (Kuleana lands.)

The awarding of these completed the māhele of the lands into the Crown lands, Government lands, Konohiki lands and Kuleana lands and brought to an end the ancient system of land tenure in the Hawaiian Kingdom.