Boundary Commission

Ahupua`a Honolulu
District: Kona
Island Oahu
Ownership: Kamakee
Misc: Not admitted
Year: 1866
Statistics: 24616 characters 4260 words
Kewalo Ili, Honolulu Ahupuaa, District of Kona, Island of Oahu, Boundary Commission, Oahu, Volume 1, No. 1, pps 1-11


Record of Proceedings on application of Kamakee, to decide & certify to the boundaries of that portion of Kewalo, Honolulu, unawarded by the Land Commission.

Petition was received November 22, 1864 accompanied with a Plan of the land, as surveyed by Job Kahema in 1860.

1864 November 28. Examined survey & gave notice to C.C. Harris & W.H. Kauwahi Administrators of Estate of L. Haalelea, owner of Kalawahine; J.O. Dominis, Esquire, Agent of His Majesty; & C.G. Hopkins, Esquire, Minister of Interior, Kaiwiokaihu, being owned by the Government.

1865, January 12. The Commissioner in company with Kamakau & his kamaaina went over the boundaries of the land Kewalu, as described by survey.

January 13, Summoned the several parties owning land adjoining Kewalu, to attend a meeting at the office of the Commissioner & offer any evidence they might think proper, on Monday January 16 at 10 a.m.

January 16, A meeting of the Board was held at the office, 10 a.m. Kamakau & His Excellency, J.O. Dominis present.

A note was received from Honorable C.C. Harris requesting that the examination of witnesses regarding the boundaries of Kalawahine be deferred to Wednesday, January 25.
Complied with.

His Excellency, J.O. Dominis stated that in conversation with the King, His Majesty was of opinion that the boundary of Kewalu, adjoining Waiolinmu, was correct in the survey.

Kamakau offered the testimony of Keanui (wahine) as to the boundary of Kaiwiokaihu, & Kewalu.

Keanui testified that she does not know accurately the boundary of Kewalu, but she has understoodfrom the kamaainas that the boundary was the river, near which the fence of Kamehameha now runs, from makai to mauka.

January 21, The board in company with Kamakau & his witnesses, visited the land of Kewalu.

January 25. According to previous appointment, the Board met at the office. Present: Kamakau & witnesses. A not was received from C.C. Harris, Esquire, appointing Naone as his substitute to point out the boundaries of Kalawahine.

All parties then proceeded on to the land, and [page 2] received from the several witnesses, their opinion & knowledge of the boundary between Kewalu & Kalawahine.

February 4. A meeting of the Board, at the office. Present: Kamakau, C.C. Harris & witnesses. The following testimony was taken.

Mahoe, sworn (called by Kamakau), I live on Kewalu & have lived there from time of Kamehameha I. I know the boundaries between Kewalu & Kalawahine. My father, Kaio, was formerly Luna on Kewalu. The boundary of Kewalu adjoining Kalawahine commences makai on Puuiole, follows along a certain ledge of rocks on westerly side of the gulch called Poopoo up to the spring of Maia & thence on to Nahuina where the two ridges unite. The spring of Maia is on Kewalu.

Cross-questioned by Mr. Harris.
I live on Kuleana on Kewalu. I learned the boundary of Kewalu from my father & for reason of trouble about planting; Kaihekukui was the chief of Kalawahine at that time.

I do not know who was the Luna at that time.

There were present three persons when the boundaries were pointed out. I do not know who was Luna on Kalawahine under Kekauonohi.

Maii, sworn (called by Kamakau), I live on Waiolimu, near Punch Bowl. I have lived in Honolulu since I was a boy. I know the boundaries of Kewalu & Kalawahine from what I have learned from the old kamaainas. It is the same as Mahoe has described. I was with Mr. Webster when he examined the boundaries of Waiolimu. Piikoi gave me charge of the Kula of Kewalu. I learned the boundaries of Kewalu from Mahoe. I did not know the boundaries before.

Kahuaiwa was with Mr. Webster, when he went over the boundary of Waiolimu. I have since told their other natives of that boundary as then pointed out.

Naone, sworn (called by Mr. Harris), I live on Pauoa & lived there when Haalelea was alive. I am acquainted with the lands Kewalu & Kalawahine. I knew Kealiiahunui, the former husband of Kekauonohi & I lived on Pauoa while he was alive. Kealiiahunui was the chief of Kalawahine & Poo was the Luna of the land under Kekauonohi & Kealiiahunui. Kaina was the Luna under Haalelea, after the death of Kekauonohi. He is dead. I have been Luna of the land since 1854. Kekauonohi died in September 1850 & Piikoi died in September 1859. When I went on to the land in 1854 the boundary of the land for pasturage was the mouth of Poopoo gulch, then [page 3] up on the lapa Kamoopili near an old road.

The cattle & horses on Kewalu strayed over on Kalawahine & our cattle went over on Kewalu. I made arrangements with the Lunas of Piikoi that we should not charge for trespass on our lands of the others cattle. The Lunas of Piikoi never objected to the boundaries of Kalawahine as I claimed them.

Cross-questioned by Kamakau.
Kaoae was the first Luna on Kewalu & Haole afterwards. I did not go up when the present King & Haalelea went up mauka on the boundary. Maii was the Luna after Haole. Kalawahine was formerly leased by the Government & the fence was the boundary of Kalawahine & Waioloimu. Kalawahine joined John Ii land.

Moo, sworn (called by Mr. Harris), I live on Kukuluaeo, on Naone's land. I came from Molokai when I was a boy. I first lived on Peleula. I know the boundaries of Kalawahine & Kewalu. The boundary commences makai at the mouth of Poopoo gulch & follows up mauka an old road on the lapa Kamoopili, until it reaches Nahuina, where Kewalu ends & Kalawahine runs mauka. Formerly natives lived on Kamoopili & cultivated land there.

Cross-questioned by Kamakau.
I was formerly Luna of Naone; land on Kukuluaeo, by my eyes becoming sore, I gave it up. I know Mahoe, who is present. I do not know when the King & Haalelea went up on the land.

Makalena. Both parties havin ....

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.... ll the land from the Waikiki Road to Kewalo mauka at Nahuina.

June 10. The board met by previous arrangement to hear any argument that might be offered by counsel on either side.

Honorable C.C. Harris, after a few remarks on the case opposing the granting of a certificate to the Petitioner for any portion of the land, petitioned for on the following grounds.

[page 9]
1. The board of Commissioners to quiet Land titles, have granted or confirmed to the petitioners by survey by their award dated September 28, 1852, all of the land to which they are entitled & consequently that the decisions of the Commissioner of Boundaries should be confined to that Award.
2. That under Section 4 of the law providing for the appointment of Boundary Commissions, they have no authority to attain[?obtain] surveys of Royal Patents.
3. A portion of the land comprised within the boundaries petitioned for was sold by the Minister of Interior at Public Auction & consequently the petitioners were cognizant of it.
4. Piikoi, the husband at the time of the sale, of Kamakee, bought from Goodale (one of the purchasers from the Government) a certain portion of the land comprised within the boundaries petitioned for & did not at that time lay any claim to the land petitioned for.

In opposition to the above objections, on the part of the Government, the petitioners through their counsel, R.H. Stanley, esquire, claim that they have a right to receive from the Commissioners of Boundaries, a certificate for the boundaries of the land, for which they petition, on the following grounds:

1. That the Ili of Kewalo, Honolulu, was granted to Kamakee, by His Majesty Kamehameha III on the 28 January 1848, as recorded in the Mahele Book.
2. That Kamakee made proper application to the Board of Commissioners to quiet land titles, for a confirmation of said grant.
3. That an award was made to Kamakee on the 28th of September 852, for the Ili of Kewalo by name.

[page 10]
December 4, 1865. The board met & placed on file the following papers.

1. Copy of the Mahele Book, pages 10 & 12, certified by E. Spencer, clerk of Home Office.
2. Copy of claim 10605, entered by Kamakee & Piikoi before the Board of Commissioners to quiet Land Titles. Certified by J.H. Smith, Secretary Clerk Interior.
3. Award of Land Commission No. 10605 to Kamakee Piikoi, Certified by J.H. Smith, Interior officer.
4. Copy of Palapala Hooko to Kamakee Piikoi, for Claim 10605.
5. List of Lands sold & patented on Kulaokahua by the Government. Certified by H.A. Widemann, Chief Clerk.
6. Copy from the Records of Privy Council. Certified by D. Kalakaua, Secretary Privy Council.

The Board then granted to the petitioner the following a certificate defining the boundaries of the land petitioned for as follows:

E hoomaka o ke ana, ma ke kihi Hikina Hema makai o keia, ma ka lihi makai o ke alanui, ma ka papohaku kahi i hui ai o Kewai ma ka pa o Jene Miller, a me Kawiokaihu. malaila ka moe ana o kahi oioi loa o Leahi
Hema 44° 30` Hikina, a ma kahi oioi loa o ka Luakini o Kawaiahao
Akau 80° Komohana, a holo
Akau 4° 30` Hikina 26 78/100 kaulahao, ma Kaiwiokaihu a hiki i Kaaihee, alaila aku Akau 4 93/100 kaulahao,
Akau 44° Komohana 3 1/2 kaulahao
Akau 10° 30` Hikina 7 77/100 kaulahao ma Kaihee a hiki i ka poo o ka papohaku o Makiki ma ke awawa
Akau 62° Hikina 5 5/100 kaulahao,
Akau 27° Hikina 9 77/100 kaulahao
Akau 8° 30` Hikina 4 93/100 kaulahao, mawaena o ke awawa, pili me ko L. Kamehameha, alaila aku
Akau 8° 30` Komohana 3 27/100 kaulahao
Akau 18° Hikina 36 65/100 kaulahao, ma ke awawa, a i ka pohaku nui ma Kamoopili, alaila aku
Akau 37° 30` Hikina 23 34/100 kaulahao
Akau 23° Hikina 30 kaulahao, pili ana me Kaiwiokaihu, a hiki i kahi puu, alaila
Akau 34° Hikina 26 60/100 kaulahao
Akau 23° 30` Hikina 26 48/100 kaulahao, ma ka lapa e nana ai ia Makiki, a hiki i kahi i kapaia o Nahuina, alaila aku
Akau 87° Komohana 2 71/100 kaulahao kupono i ke poo o ke awawa o Poopoo, alaila huli a holo
Hema 34° Komohana 48 93/100 kaulahao
Hema 22° 30` Komohana 7 50/100 kaulahao
Hema 26° Komohana 20 90/100 kaulahao mawaena o ke awawa o Poopoo, a hiki i ka papohaku nui, e pili ana keia mau aoao me Kalawahine, alaila
Hema 53° Komohana 63 65/100 kaulahao, ma ka lae pohaku, ma ka pohakulea, pili me Kalawahine, a hiki i poo o ke alanui iluna mauka o Puowaina, pili me Auwaiolimu
Hema 41° Komohana [?]1 15/100 kaulahao, hiki i ka Paauhae, alaila aku
Hema 26° 30` Komohana 53 23/100 kaulahao, ma Auwaiolimu, a hiki i ka pa o Kaina, ma ka lihi makai o ke alanui Alii, kokoke i ka hale pohaku o Kaina, alaila holo ma ka lihi makai o ke alanui Alii,
Hema 78° 45` Hikina 78 kaulahao hiki i ke kihi i hoomakai.
Ma ia Apana 465 ½ Eka.

W.H. Pease, J. W. Makalena

[page 11]
They then notified the parties interested, of their having granted the above certificate.

December 28. Received notice of appeal to Supreme Court, from Honorable C.C. Harris, attorney General, on behalf of the Government.

January 3, 1866. Filed appeal with Clerk of Supreme Court.
January 6, 1866 filed Statement of the case, Copy of this Record and all the papers connected with this case, with Clerk of the Supreme Court.

Court House, Honolulu, September 18th 1873

By the records of the Supreme Court it appears that the foregoing appeal came on to be heard at the January Term 1866, and a decision of the full court rendered, concluding as follows:

Our decision is that the award of the Boundary Commissioners should be set aside and the petition dismissed; and that each party pay their own costs.

Let judgement be entered accordingly:
This entry here made by Laurence McCully, Commissioner of Boundaries, Oahu.

[Not admitted, Kewalo Ili, Honolulu Ahupuaa, District of Kona, Island of Oahu, Boundary Commission, 1866]