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No. 387*K, American Board of Commissioners for Foreign Missions (A.B.C.F.M.) [Waioli-Kauai Mission Claims, part of larger claim on all islands]
Waioli - Kauai
Mission Premises at Waioli, Kauai
Ist The houses & yards in the possession of the Am[erican] Mission at Waioli are situated near the eastern border of the land & near the western line of Hanalei, about 1/8 of a mile from the sea, comprising in all from 4 to 5 acres. These yards are bounded on the north side by a public fence that separates the pasture land from the cultivated grounds of Waioli & Hanalei, & on the other sides by fences that encircle them.
IId Adjoining to the above on the eastern side is a small lot fenced in, containing a framed school house, built chiefly at the expense of the mission.
IIId Also adjoining & south of the above premises, is a tract of about 4 acres, given by Kaikioewa about 1829 to the school now under the care of Mr. Wilcox. On it, one large taro patch has been made & another begun, & the remainder of the land has all been cultivated by the school.
IIIId About halfway between the residence of the above missionaries & the sea, stands the Native Church; a frame building, enclosed in a yard, containing about 1/2 an acres. [Margin note:] No survey; the mission leave[s] this lot to the Minister of Public Instruction.
Vth Besides the above, there is a lease for pasture land, given in the name of Mr. Alexander, first missionary to this station, signed by the King & Premier. The land is a narrow strip on the western side of the Waioli River; copy of which lease is with the Recorder.
VIth Also in the year 1839 Kaikioewa, then Gov[erno]r of Kauai, gave a tract of land to Messrs Alexander & Johnson for the use of the station, situated on the plain of Hanalei about 1/2 a mile east of the station dwellings lying immediately west of the brook Waialela, & south of the public fence before spoken of. The boundaries were distinctly designated at the time of the gift, along the western boundary of which a grove of mulberry trees were immediately planted & are still growing. During the present year, a commodious dwelling & store house has been erected on the land by the pupils of the select school, & by whom about 4 acres of the above have been cultivated for the use of the school. The tract contains about 40 acres.
VIIth At the same time, the said Kaikioewa gave to Mr Alexander, in view of his missionary capacity, a tract containing about 7 acres in Koolau, on a small land called Papa, of which Kalama was the Konohiki. The boundaries were immediately marked by rows of mulberry trees, & the land has since been partially cultivated.
[Margin note: Purchase by Mr. Johnson from Governor for himself.]
Should more witnesses than Mr. Alexander & myself be wanted in deciding the case of any of the above gifts, many competent native witnesses can be furnished.
In behalf of theEdward Johnson
Waioli Missionary Station, American Mission
In the above, the lengths & breadths of each lot are given in fathoms, on a scale of 1/20 of an inch to a fathom.
O Wau O Kamehameha IIId Ke hoolunaluna aku nei au ia William P. Alexander i Kekahi apana aina ma Waioli Kauai. Ma ka hikina o ua aina la, o ka muliwai o Waioli ka mokuna. Ma ka ahu a me ka komohana o ke kuahiwi mawaena o Waioli a me Waipa kamokuna. Ma ka Hema, o ka loko i Kapaia o Momona ka Mokuna.
No William P. Alexander ua aina nei a no kona mau ho`oilina, no kona ma a hope paha, no na makahiki iwakalua kumamalima, i wahi hanai bipi.
Aole nae e keakea aku kana mau bipi ia hai, a e uku mai ia ia Kamehameha IIId i hookahi hapalua o no bipi i hauauiai ma ua aina la o na bipi wahine a me na bipi kane nana no ho`i e kalu a e kuni alaila haawi aku maloko o ka lima o ke kauaka o ua Kamehameha IIId la.
Ai ka pau ana o keia mau makahiki i oleloia maluna, alaila, e hoihoi mai no ia i ka aina, a me na hale a me na pa a me ka waiwai a pau i pili i ka aina ia Kamehameha III a i kono hooilina paha, ka mea, nona ka aina.
No ka oiaio o keia mau olelo ka hoopaa nei makou ia makou iho, e hooku pono i na olelo a pau maloko a ke kakau nei i ko makou mau inoa i keia la Umikumamalua o Okatoba i na makahiki i ka haku hookahi tausani ewalu haneri me kanahakumama kahi ma Honolulu Oahu.
Signed, KAMEHAMEHA III, G. P. JUDD, KEKAULUOHI, W. P. ALEXANDER
Waioli June 13 1843. Ua kauoha aku la au i keia la i ka aina hanai- bipi i oleloia maluna na Mr. Edward Johnson a na kana poe hooilina aku, nana no hoi e hooko i ka olele o keia hoolunaluna ana.
W. P. ALEXANDER
Footnote: Kamehameha III and Kekauluohi to S. Whitney; an explanation concerning some lands at Waimea, Kauai, formerly conveyed to Benj[amin] Thompson, but at this time conveyed to S. Whitney, for 14 years, with privilege of renewing after that period. First 14 years, no tribute shall be paid, thereafter, if renewed, tribute shall be paid. Descriptions of land follows, in 2 parcels. Dated 15 February 1841.
No. 387 Koloa Kauai
A statement in relation to lands held by the Am[erican] Mission at Koloa, Kauai.
Said land lies in four separate lots or parcels as follows: The first lot lies about 1/2 a mile to the west of Hanakaapi, or the Koloa landing, at a place called Kualu. Said land is known by the name of Kamalaulu, is bounded a short distance on the south by the sea, & on the other sides it has certain rocks & heaps of stones for boundaries known to the people living near the land, & to some or all the persons whose names are given at the end of this document.
The 2d parcel lies about 1 1/2 mile from the Koloa landing & is known by the name of Kamalaula. It is bounded on the north & east by the brook or stream from the Sugar Mill, on the south by Kalo patches, on the west in part by the old road leading to Hanakaapi, & in part by the road as it runs at the present time. At the southern or makai extremity of this tract are a number of small kalo patches held by the mission. Also on the west side of the road are 3 lois called "Poahonu." On this tract (No. 2) are situated two dwelling houses belonging to the mission. The 3d parcel lies a little to the north of the last mentioned & is called Kelepalepe. It is bounded on the east by the brook named Kahoiahaa & on the west by the road, & said land terminates at a point at both its northern & southern extremities. The 4th parcel lies to the north of the last mentioned & is called Omao. It lies between two small streams, the one called Waianono & the other Kahoolenapea & on the northwest it is bounded by wooded hills called Kamoopioai. This tract is occupied as pasture land for the mission-head at the station.
These lands were given to the mission by Kaikioewa, then Gov[ernor] of Kauai, in exchange for other land at Waimea in 1835, excepting the 3 small taro patched called Paahonu, which were obtained from Puniai in exchange for one large loi at Kualu; and also excepting a parcel containing about one acre near the house formerly occupied by Doctor Lafon, being a part of what is called "Kamalakole," which was obtained from the present Konohiki in exchange for an equal or larger tract on the opposite side of the road. This exchange was made for the purpose of straightening the boundary.
The number of acres contained in these several tracts is not known, not having been surveyed.
The land at Waimea given to Kaikioewa in exchange for the land at Koloa was originally given to Mr. Ruggles by Kaumualii. The following persons are acquainted with the land, its boundaries, &c.
Apolo Kamakanui, Josia Puahiki, Nuuhiwa, Kokii, Keone Hopu.
Koloa, island of Kauai
September 3 1846
No. 387 [Kauai, Waimea Missionaries' Claim, part of larger claim]
Land occupied by the American Mission at Waimea, Kauai.
Ist. "Some 15 acres more or less, situated about a mile west of Waimea River, & bounded as follows: On the east by a small ravine & a road running at right angles with the seacoast. On the south by a road running parallel with the coast and about 15 or 20 rods distant from the sea. On the west by another road running at right angles with the sea coast and an open field. On the north by an unenclosed field. This land is so intersected with roads as to be divided in 4 lots. On the two northern lots there are two permanent stone buildings & some native houses. The two southern lots are directly opposite the said buildings on the south or sea side. This land has been occupied by the mission since 1830."
II. "A lot of land on the east side of the Waimea river from 4 to 6 acres. It is known by the name of Mahaehae: bounded on the northeast & south by a mud & stone fence; on the west by the above named River. This land has been occupied by the Mission since 1823. Witnesses Deborah & Mrs. Whitney."
III. "A lot on the west bank of Waimea River, known by the name of Hulumoa; occupied as a garden & vinyard since 1825. It is surrounded by a mud wall, & contains from 1/3 to 1/2 an acre of land. Witness, Deborah or Emelia."
IIII. "Two pieces of land, one of which is a garden adjoining the vinyard mentioned in No. 3 and now enclosed within the same fence. The other is mostly kalo land & bounded as follows: on the east by a ditch used for conducting water in that & the neighboring lands. On the south by a land known by the name of Kahuilua. On the west by a precipice called Paliuli. On the north by lands called Manooeha and Kaluaohaleloa. These two lands are held by a lease for 14 years, signed by the King & Premier the 15th of Feb[ruar]y 1841."
V. "A Kalo land situated in the valley by the name of Kahalai. It is surrounded by the Makaweli river & a ditch used for conducting water onto that & the adjoining lands. Occupied by the Mission since 1820. Witnesses: Mrs. Whitney, Debora."
VI. "A piece of land occupied as a pasture for cattle since 1838 & bounded as follows: on the south by a stone wall extending from the bank of the valley of Hanapepe to the valley of Wahiawa. On the west by the eastern bank of the valley of Hanapepe. On the east by the western bank of the valley of Wahiawa. On the north by a line running due west from a waterfall in the Wahiawa rivulet, called Kaawewe to the bank of the valley of Hanapepe. In connection with this pasture and occupied by the mission fro ....
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.... e house lot called Kehinui, Wahiawa, muliwai of Hanapepe, Makai, a kula separating it from Poonui(?), Waimea, the house lot Puahola. Claimant came in possession of No. 1 as heir of Kiho, his wife's father who received it from Josina Kupia in the time of Kaumualii. No. 2 was given him by Koahineaea, the present Konohiki. I know of no counterclaimant to the above lands except that since the land claims were sent in to the commission, the Konohiki has taken & given to another man one in No. 1 called Kapaele 2. This other man has taken it & planted it but without Claimant's consent. There was no good reason for the Konohiki taking it.
No. 387 [part of Mission claims on various islands].
Testimony concerning Kawaipoko, a lihi of Kakalae in Makaweli belonging to the American Mission which is now claimed by the Konohiki of the Ahupuaa of Makaweli as belonging to that and not to Kakalae.
Kauamama, sworn: I know this lihi called Kawaipoko. It belonged to Kakalae but it was not given to Mr. Whitney when Kakalae was. my father Kale, Whitney's luna over Kakalae, and I heard him say that Kailinaoa charged him not to reveal to Mr. Whitney the fact that Kawaipoko belonged to Kakalae. Kailinaoa's thought was that Mr. W[hitney] would not live long and would not need the lihi; & therefore it would do him no harm to [leave] him in ignorance so short a time. But on Kailinaoa's death, about 1834, the fact was made known & the lihi Kawaipoko was then given to Mr. Whitney by Kauukualii, daughter & heir of Kailinaoa & he held it undisturbed till his death in 1845.
Kalakea was Mr. Whitney's hoaaina to whom he gave this lihi in charge. In 1846 Kiokio took this lihi unknown to Mrs. Whitney or any missionary after Mr. Whitney's death. No missionary remains who knew about this lihi belonging to the mission. The Konohiki was able to take secret possession of it. Kalakea, who had care of it, allowed this transfer to the Ahupuaa without informing anyone.
Keahiaka, sworn: I was lunaaina of Makaweli when Kauukualii gave the lihi of Kawaipoko to Mr. Whitney, quiet possession. I knew he gave it "lilo loa" to him in the same way that Kakalae was given him by Kaumualii & the testimony of Kauamama is true.
Waapa, sworn, confirmed the preceding testimony of both witnesses. There is another lihi of Kakalae called Kauaiawaawa which came into possession of the mission when Kakalae came to them & the mission's title to this has never been disputed.
It is bounded:
Mauka by junction of the valley, Makihaina Schools
Hanapepe by valley of Moole
Makai rapids of Waiawaawa
Mana by valley of Makihaina.
This land was omitted by mistake in the Mission Claims for Waimea.
Nihooi, sworn, confirms Kauamama, Keahaaka & Hoapa.
Testimony concerning Kawaipoko, a lihi of Kakalae in Makaweli, belongs to the American Mission, which is now claimed by the Konohiki of the Ahupuaa of Makaweli as belong[ing] to that and not to Kakalae.
Kauamama, sworn: I know this lihi called Kawaipoko. It belonged to Kakalae but it was not given to Mr. Whitney when Kakalae was. my father-in-law Kale was Mr. Whitney's luna over Kakalae, and I heard him say that Kailinaoa charged him not to reveal to Mr. Whitney the fact that Kawaipoko belonged to Kakalae. Kailinaoa's thought was that Mr. W[hitney] would not live long and would not need the lihi, & therefore it would do him no part to keep him in ignorance so short a time. But on Kailinaoa's death about 1834 the fort [fact?] was made known & the lihi Kawaipoko was then given to Mr. Whitney by Kaukuaualii, daughter & heir of Kailinaoa, & he held it undisturbed till his death in 1845. Kalakea was Mr. Whitney's hoaaina to whom he gave this lihi in charge. In 1846 Kiokio took this lihi unknown to Mr. Whitney or any missionary after Mr. Whitney's death. No missionary remained who knew about this lihi belonging to the mission. The Konohiki was able to take secret possession of it. Kalakea who had care of it who allowed this transfer to the Ahupuaa without informing anyone.
Keahiake, sworn: I was lunaaina of Makaweli when Kauukualii gave the lihi of Kawaipoko into Mr. Whitney's possession. I know he gave it "lilo loa" to him in the same way that Kakalae was given him by Kaumualii, & the testimony of Kauamama is true.
Waapa, sworn, confirmed the preceeding testimony of both witnesses. There is another lihi of Kakalae called Kawaiawaawa which came into possession of the mission when Kakalae came to them & the mission title to this has never been disputed. It is bounded Mauka by junction of the valley, Makihaina Schools, Han. by valley of Moole, Mak. by rapids of Waiawaawa, Mana by valley of Makihaina. This land was omitted by mistake in the mission claims for Waimea.
Nihooi, sworn, confirms Kauamama, Keahoaka & Kaapa.
April 15th 1850
No. 387, Part 1, Sect 5, Div. 2, S[andwich] I[sland] Mission from Page 302, P. I. Gulick
Rev[erend] I. S. Emerson, sworn, In about 1837 Kinau granted to me a certain part of the land now occupied by Mr. Gulick to aid the church. This grant included the western end, containing probably 3 to 5 acres. It did not I think to include the spot of Mr. Gulick's house lot. That spot, as I understood,Mr. Locke came into an unwritten contract between him & Laanui, by which Mr. L[ocke] was to pay Laanui a certain sum per annum for the remainder of the land which Mr. Gulick now claims. This land has been in the possession & use of the mission from about 1838 to this time.
Witness admitted Mr. Metcalf's survey [was] correct.
E ike auanei na kanaka a pau ma keia palapala ke nana mai lakou.
Oloeau o M. Kekuanaou ka makua kane a kahu waiwai o Victoria Kamamalu. Ua kuai lilo loa aku au nou iho a no kuu poe hooilina a hope paha i kekahi mau Eka Umikumamaono a me ka hapa Eka aina e waiho la ma Kawailoa & Waialua Mokupuni Oahu. Aia keia aina ma ka aoao mauka iho o ka pa ou a Gulicka la. Ua komo pu keia me kahi i ku mua ai kona hale-
Eia ke kumu o ka lilo ana o keia aina no ka loaa ana mai ma kuu lima na Dala maikai $82.50. No laila aole ou kuleana i koe. Ua lilo loa ia Gulika a me kona mau hooilina a hope paha.
No ka oiaio ke kakau nei au i kou Inoa i keia la 23 October 1850
No. 383, Section II - see Missionaries' Claims, May 4, 1849.
[should be 387]
Alexander, sworn and stated, "I have seen that place at Halelea and Waioli" 2 sections, the place where the missionaries lived and the school house. It was reported that Melekapu had surveyed and it was believed that the surveying was accurately done. I had lived at that place for 9 years and have seen those sections of land. Kaikioewa had given the missionary parcel to Mokuwini in 1832. Some missionaries have lived there to this day. I have not known that anyone has objected.
School house section: Kaikioewa had given (school section) to Alexander in 1839 probably, because they (two) had desired it; so they built the school house. Therefore, this land was given to the missionaries. A mulberry tree is on one side and Kaikioewa will report on the other side. Mauka and on the north is brush land; makai, government lot. No one has objected since that time to the present, that is my knowledge.
George Rowell, sworn, I have seen exactly as Alexander has just stated here. I have lived there and have seen the boundaries of that place. I had lived [there] for three years, 1843-1846. There were no objections at that time to the present and I have not heard of anyone objecting.
Abner Wilcox, sworn and stated, I have seen that place for I have lived there for three years, 1846 until 1849. I think Melekapu's surveyings as shown here is [sic] correct. I had not heard that anyone has objected, except for a slight one which had occurred very recently.
No. 387, Section II, Kauai, Waimea, Missionaries' Claim, May 4, 1849
George Rowell, sworn and stated, I have seen those parcels of land involving the missionaries. I have lived there from 1846 to the present time. There are about 6 separate sections and I think this has been made clear in the claim before the land officers. Those documents state clearly the conditions of those lands. There was peace when I was living there except for one section which was protested but it was not taken. A section of Kauaiki was protested slightly.
Paul Kanoa, sworn for some section of Kauaiki and Moopunaohua: I have known the beach is for Moopunaohua; this was heard in court and was awarded to Moopunaohua. I had certified this in 1845. There were two hearings for this land during the time I was acting governor and another hearing was held in 1846 when I had become governor. I said for them to lie separately from each other, yet I had heard Kaelemakule had taken food, and Hai again complained, and there was a court in 1847, when I had said, "live as is until you can get good witnesses for each side."
(Resumed page 593)[Oahu Mission]
No. 387, Section II, sec. 3 Missionaries' Claim, Koloa, Kauai, May 5, 1849
Peter J. Gulick, sworn, I have seen that place at Koloa in Kauai and I had first lived there in 1834. I had received that land from Kaikioewa, the governor of Kauai, and the remaining small parcel I received from Kapuniai. These patches were delayed in being conveyed to me and mine to him. I had given him the big patch while I received three small patches. Kaikioewa had given those patches at Hanapepe and I had lived there for maybe seven years in peace; I think no one has ever objected to this day. The survey done on the three patches is correct but the fourth section has not been surveyed. It is a huge land for raising cattle having 100 acres or more Streams run throughout some parts of this land and on the northeast side is a forest. Waikanono is a stream, Kahooleinapea is another. Kaikioewa had given that place to the missionaries. Kamoopiwai is the name of the forested area. I have not heard that anyone has objected to that place.
[Award 387 on Kauai: R.P. 1936, 1938, 1942, 1958, 1600, Waioli Halelea; 1 ap.; 9.76 Acs; Mahaana Hanalei Halelea; 1 ap.; 34.20 Acs; Makaweli Kona (TMK 1-7-01 shows 298.38 Acs), Hanalei, Kamalaulo, Omao Koloa; 14 ap;. 825.35 Acs; Waimea Kona; 3 ap.; 1546.74 Acs (Ahupuaa) to Mercy P. Whitney, 3 ap.; 56.44 Acs.; See also 387 on other islands]