Mahele Documents

9/25/2011 9:16:59 PM - last modified
Claim Number: 00311
Claimant: Caswell, John Freeman
Other claimant:
Other name: Limana,Freeman
Island: Maui
District: Hamakualoa
Ahupuaa: Ulumalu
Ili:
Statistics: 9628 characters 1723 words
No. 311, John F. Caswell, Claimant
F.R. 181-182v1


To the Board of Commissioners appointed to quiet Land Titles, Gentlemen:

In pursuance of an order inserted in the Polynesian to all Claimants of Land to present their Claims for investigation, I beg leave to lay before you my claim to a Land situated in Hamakua - East Maui - known by the name of Ulumalo given me by His Majesty, Kamehameha III in December 1837 and I have held uninterrupted possession of it up to this date. With respect to Commissioners &c.
Signed John F. Caswell
Lahaina December 28th 1840[?]

[margin note: Claimant notified the board that he had left H.S. Swinton [as] his agent in his absence this day the 3 October 1848.


N.R. 76v2
No. 311, See the Foreign Register


F.T. 1v3
Cl. 311, John F. Caswell, October 5, 1848

This is a claim to land in Hamakualoa, East Maui, called Ulumalo.

Charles Cocket, sworn, I know Mr. Caswell's land on Maui in the District of Hamakua called Ulumalu. I do not know the bounds of it.

When Caswell received this land I was working for Governor Hoapili. I did a great deal of work for the King at this time. I then told Hoapili that I was to work for none but himself unless I was paid for it. I fixed about twenty muskets for the King and took them up at his house and asked payment. He said "I have given you a large land at Hamakua. John Stevens, Kinimaka and others were present. They spoke up and said, "No, you have given the land to Freeman (claimant). They said Charles has only two lands from Hoapili." The King then said to me Oh, I did not know you had parted, for we had before worked together in the blacksmith business. The King then said, "Let that go when I get more work done. I will pay you. After that I did a great deal more work for him and he gave me an order for cattle on his ....

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.... ?
Answer: To the chief's place, Namauu and I.
Question: What did you do there?
Answer: For the land Ulumalu in Hamakualoa. I have filed a suit for Ulumalu, but I did not get it, although I may live under Namauu and manage the affairs of the land in the usual ways of the natives of Hawaii. A small area was given to me for sugar cane raising and the grinding was for the chief and Namauu.

Before the cane had been planted, I asked him, "Why did you not acquire all of Ulumalu?" He answered, "Perhaps the chiefs withheld it. I had received only the cane raising land." This, I have heard from him that he could not acquire all of Ulumalu or any other vacant land; that his possession is the cane land only; that the grinding was done in Waihee and that he had planted four and a half acres of sugar cane.

Stephen Grant, sworn, I have seen that place which has been planted with sugar cane makai of the house, here and there, and completely around. I believe four acres, or five probably. It may be fifty acres when combined with the rest of the place that have been given away and I believe all of that interest is in Caswell's place because he has lived under Namauu. Therefore, Namauu had given him (land).

Z. Kaauwai, I have not heard that Caswell has given anything to Namauu; however, I did hear that Caswell has reported to Namauu one-tenth of the land's yield and I have seen him chop wood and raise animals. Namauu did tell me that Caswell had paid him for raising animals on a vacant lot, but I have not known the amount.

Namauu had paid his annual tax for the land before the year 1841 and he has continued to do this until this time. I have not heard that Limana had paid any animal tax for the land. Namauu has been the only person.

[Award 311; Ulumalu Hamakualoa, 1 ap.; 50 Acs; See also 10474 for Kekuanaoa Counter claimant at Ulumalu]