Mahele Documents

1/27/2012 3:57:02 PM - last modified
Claim Number: 00387*M
Claimant: ABCFM (Mission)
Other claimant:
Other name: American Board of Missions
Island: Maui
District: Hana, Lahaina, Wailuku
Ahupuaa: Wailuku, Wananalua,Kauaula, Kelawea, Opaeula, Paunau, Haleu, Pohakukauhi, Halaula
Ili: Kukalopako, Pohaku o Kaulii
Statistics: 55586 characters 9612 words
Cl. 387*M, Messrs Clark & Baily Mission Claim, February 6, Maui Part 5 Section 1
F.R. 142-144v1

Kaauwai, sworn, deposed that he knew the rights originally given to Mr. Green in Wailuku first down where the prison is, then, where Mr. Baily now lives by Hoapili through Auwae; and the boundaries were just those which are marked by the fences of Mr. Baily at the present time. This was done in 1833, and no one to my knowledge, has interfered with the peaceable possession of said Premises, down to the present time. The place now occupied by Mr. Clark, was formerly mine, with the consent of Auwae and I gave it to Mr. Green in 1835. Kukalopako is the name of the place and its boundaries those marked by Mr. Clark's present fence, and no one has to my knowledge interfered with his occupation of the same. According to ancient usage, these Yards are entitled to the use of water for cultivation.

The Female seminary was commenced in 1836, and Kawailepolepo gave a small place for its site. Subsequently the King, on his visit to the place in 1838 added the land called Pohaku o Kaulii. The boundaries were those now marked by the fences enclosing the same Yard. There has been no interference with the quiet possession of the same. Perhaps some writings were given for these lands. I do not know certainly, but I do know that the Chiefs and Missionaries united & appointed agents to superintend the school & lands, according to my recollection Mr. Richards & David Malo of Lahaina were two of them. Mr. Armstrong & myself here at Wailuku, Mr. Bingham & Kaio at Oahu, and at Wailua, Emera & Laanui was the Native, at Kauai Mr. Whitney & Papohaku was the Native, at Hawaii Mr. Thurston & Kanalia was the Native, and two others, whom I have forgotten, these were to superintend the school & land.

Mr. Armstrong & I went to Hoapili Wahine to beg pasture grounds for cattle, which she gave. The boundaries were there specified in the application. Subsequently to the death of Hoapili Wahine, the place not being enclosed, there arose some doubt, when I went to Kekauluohi, and the original grant was confirmed, and the fence built. The original conversation with Hoapili Wahine was in 1838, and was fully promised by her in June of that Year. The Taro patches in the valley mentioned in the Claim were given by Kaoo, in consequence of a request made by myself, and other officers of the Church, that we might be able to assist Mr. Armstrong, by cultivating the land for his benefit. I know of no other claimants to that land.

Napelo, sworn, deposed that he and Mr. Armstrong went together to Lahaina in 1838, and conversed together on the way, in relation to the Pasture land mentioned in the claim, and that he heard at that time from him, that Hoapili Wahine had given it. The boundaries which I heard mentioned were the seminary premises, the valley, and the mountain, but the boundaries on the south I did not hear.

Kaoo, sworn, deposed that she knew the testimony of Kaauwai just given to be correct, and that Auwae did give the place as above stated, and I know also that Auwae asked & received the approbation of the King as to what he did in the case, and in addition, to what Kaauwai has stated in Relation to the pasture ground, I can add, that I heard Hoapili Wahine say that she had given it to Mr. Armstrong. I do not know that any person has ever disputed either of the Claims put in by Mr. Clark & Baily.

F.R. 144-145v1
Claim No. 387, Lahainaluna, Mission Claim, Maui Part 5, Section 2

Extracts from the minutes of the General Meeting of the American Mission at the Sandwich Islands, held at Honolulu, June & July 1835.

Page 16 under the head "Security of the land at Lahainaluna and vicinity for the use of the school" it is recorded as follows

"The instructors recommend that the land between the two ravines between which Lahainaluna lies, beginning at about halfway up from the sea shore to the school house at Lahainaluna & from the same distance below the house of the Principal, including the large knob just above Lahainaluna, be secured by purchase, grant, lease, or otherwise, provided it can be done for a reasonable sum, to be entirely at the control of the Mission, & for the use and benefit of the high school."

2. "It is recommended that the land in the Valley, now generally wrought into kalo patches, be divided out to the scholars, making allowance for Wife and children, but for no others."
(Again, on page 25 it is further recorded under the heading "Grant from the High School") "The Government, after deliberating from a time on the proposition made to them by a committee of the Mission appointed for the purpose of securing the land described in the Report on the High School (page 16) declined an offer of 400% bonus and 100$ annually hereafter, but granted, for the use of the High School at Lahainaluna, the land between the two ravines between which Lahainaluna lies, extending form the house of Kaluwailehua below the School house to include the Knob above & the left ravine or narrow Valley from the house of Mr. Andrews upward & the narrow ridge on the left of it, from the junction of the two Rivulets, requiring an annual poll tax on the occupants of the land to be paid to the Government, taking the poll tax of the current Year as the Standard, viz. one dollar for each man - fifty cents for each woman - and twenty-five cents for each Boy over twelve Years of age, and twelve & half cents for each Girl over twelve: e.g. for 100 men, 75 Women, 50 Boys, and 16 Girls, enjoying the privileges of the land, the annual tax required to be paid to the Government would be $152.

F.R. 6-7v2
Claim No. 387, American Mission East Maui, Hana, September 25 1846

Dear Brother Castle,
I improve the present opportunity to inform you respecting our Premises and the Land claimed by the Mission in Hana. You and Brother Hall were appointed a Committee. I believe to present this subject to the proper officers of Government, whose business it is to decide as to the validity of any claims to land in these Islands held either by foreigners or natives.

The land on East Maui to which the Mission are entitled consists a part of Wananalua. It comprises all the land which is now contained between the makai & mauka roads, commencing near the line which formerly separated Hoapili's Kuakini's lands; and extending northward as far as a small piece of land formerly owned by Kaauwai, and which is in the vicinityof Waikakihi. The part now occupied by the Mission families is all enclosed in a stone wall, & comprises perhaps 15 or 20 acres. The remainder is also enclosed in a stone wall, and is occupied by two individuals, Kawainui & Ulunahele. The former took possession with my consent, promising to deliver it up to me whenever it might be needed; by the Mission. The latter took forcible possession of the lot which he now occupies, notwithstanding my repeated remonstrances. He has since confessed that he did wrong; but does not return the land.

The part occupied by those two men was selected by Mr. Van Duyer, and he actually commenced building upon it. On his leaving for the U. States, the two individuals above named took possession; or rather 2 or 3 Years after - one with and the other without my consent. All the land which we claim has always been considered by the natives generally in this region as belonging to us, by virtue of an order from Hoapili, the former Governor of Maui. Kaauwai, who was then the Governor's Secretary & Kawainui have repeatedly told me that they were acquainted with the fact of Hoapili giving said land to us as Missionaries. They are therefore our Witnesses. If Government decide in favor of Kawainui & Ulumahele, we must insist on their giving us a tract somewhere else, which shall be as serviceable to the Mission families here, as this disputed tract could be made. A piece of land somewhere else would be as acceptable as that for our herd. Hence we are willing to make an exchange if the Government wish to do so.

The lot on which our new Stone Meeting house stands joins our premises on the south. The lot formerly belonged to Kuakini of Hawaii; and was taken by the chh [church?] & Society with the Governor's knowledge. & I believe, consent. Means have already been taken to enclose with a stone wall.
Signed D.T. Conde

[F.T. 7-9v2]
387, ABCFM

Land at Wailuku Maui, given for the use of the Mission
1. Two house lots, upon which dwelling houses have been created, given by Hoapili or Auwai: they are enclosed by adobe walls and bounded on East by the Meeting house yard, on the south by Kauuwai's Yard, and the premises of the female seminary, on the North by the pasture lot described below (Note Witnesses Kaauwai & Keoo.)

2. Land given for the use of the Female Seminary. Witnesses: Kaauwai, David Malo, Messrs Green, Armstrong & others. This land is bounded on the East by Kaauwai's premises, and the road running to Waikapu, on the South & West by the Pasture lot above mentioned. North by Kaauwai's premises, the house lots & pasture. It has been fenced, buildings erected & Kalo patches made at the expense of the Seminary. The land is used for the benefit of the Seminary, number of acres not known. It is thought some writings were drawn but they are not to be found at the station.

3. Pasture land given by Hoapili wahine & confirmed by Kakauluohi - Witnesses Kaauwai, David Malo, Messrs Armstrong, Napela and others. It is bounded on the east by the Seminary premises, & house lots above described, on the North by the Wailuku Valley, on the West by the Mountains, on the south by a stone wall running from the Mountains until it meets the Seminary Premises near the Waikapu Road. Nearly $200 have been expended for fences to this lot.

4. A small lot Kalo ground in the Valley on the South side of the Wailuku river, forming part of a piece of ground called Halaula; bounded on the North by the Wailuku River; the East by a footpath leading to the River; on the South & West by other Kalo patches. It contains 12 or 14 small kalo patches, & about half an acre of Land, more or less. It was given by Kuoo to Mr Armstrong; and is now used by Mr. Clark. It is not known that there are any other claimants to this and other lands above mentioned.

5. About 4 Acres of ground east of the Meeting house adjoining Upa's premises on the West & Kaili's on the South. This land was given to Mr. Armstrong by the King; and planted with cane, nothing has been growing on it since it came under the care of Mr. Clark. Kaauwai asked Mr. Clark the privilege of using the land, to which Mr. C. consented, supposing there was but one acre. With Kaauwai's consent, it is desired that the land bay be ....

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.... ndaries as I had heard them (See Foreign Testimony).

There is land between two streams, the small stream is on the southeastern side; the big stream is Paupau, and the section makai below the house of Kuhuailehua runs into Paupau. The ridge which adjoins that stream on the north is in the lot to which Hoapili had given. When we went to Lahainaluna, many natives had gone along too and they became angry because taro land had been given away; therefore Hoapili did not give all of the stream as I had heard in the initial discussion. The large rock mauka was the boundary and when I returned from Maleka in the year 1838, I had heard that the entire land was granted just as it had been stated in the beginning and since then, I have known that the people of Lahainaluna have lived on that land and I have not heard that there have ever been any objections to them. In the year 1839 in the month of June the missionaries again requested for land in Wailuku. It was agreed at that time by the chiefs that certain people be chosen to look into the lands in Lahainaluna and Wailuku. D. Malo, Z. Kaauwai from Maui, Laahui and Kaio from Oahu. D. Papohaku from Kauai and someone from Hawaii were chosen. They were to observe (activities) and if anything was done either in Lahainaluna or in Wailuku which was contrary to the initial statements, then they were to take the lands away.

Andrews of Oahu is summoned for a witness.

N.T. 224-225v2
No. 387, Bodlowin (Baldwin), (Lahaina Mission), from page 218

Kamanawa, sworn by the Word of God, I have seen Kaahumanu grant her property at Paunau to Richards which has a patch as the makai boundary, Kuheleloa's ditch is on the east and the coconut (trees) are retained and the mauka boundary is the road.

The Property of Baldwin.
The boundary mauka is similar to the first lot. Makai is the road which is the boundary on the north and the ditch is in the front.

Mahoe, sworn by the Word of God, I have known that Keoni Amara's property is sold to the missionaries. Southeast of Paunau is the boundary makai, the pathway going toward the mountains is on the north and Ilikahi is mauka of Paunau. It was acquired by "Kauka Oopa" before the year 1835. No one has objected to them.

N.T. 468-469v3
No. 387, Section V, Missionaries' Dwelling Place, Hana, Maui, May 8, 1849

Daniel L. Conde, sworn, and stated, "I have seen the missionaries' land in Hana. I had lived there in 1828 and most of those lands have been enclosed from the corners of one side to the other and which are correct. I have seen the surveying and that is correct. Mr. Hoapili had given him these places. Z. Kaauwai had shown thoroughly (the boundaries) in the year 1828 or probably 1829 and life has been peaceful from that time to the present. Ulunahele was living there but he understood that the place is for the missionaries, for this reason he moved away. Kawainui offered Ulunahele to live on another land belonging to the missionaries and with their approval, he is still residing there.

N.T. 20-24v15
No. 387, Part 5, Sec 4., Sandwich Island Mission, Lahaina, 16th November, 1852

Counter G. Kaea & Fanny Young

Kuaimanu, sworn, says he knows the place in dispute, in Haleu, Lahaina, adjoining Mr. Richards' premises. It is bounded makai by the street, Olowalu by the fence of the watering place, Kaanapali by another part of Mr. Richards' premises, Mauka by the back street. It is a part of "Haleu". When I went to live with Mr. Richards in 1835, he held the place in question. Richards, myself and others under him planted Bananas, vines, figs &c in this Lot. The fence which separates this from the watering place was in existence when I went to live there. The house in which I lived belonged to Richards and stood on the land in dispute. The figs which are now growing on it were planted by Mr. Richards. Recently, I have seen Mr. Baldwin's horses pasturing on this Lot. I have also seen the horses of other people on the mauka part of it. I never heard of any one else setting up a claim to this place during Mr. Richards' life time. This land ran down, originally to near the sea shore at the place formerly leased to Mr. Peck (It is a part of the "Haleu" which belongs to the Young family). I have heard Mr. Richards say that he owned the watering yard and a portion of the place where the Fort now stands, clear down to the sea, and that he gave up those for the place which is now disputed.

Kaolulo, sworn, says he knows the yard in dispute. Mr. Richards lived at first near where Hale Piula now stands. After that Kaahumanu gave him the present Mission premises to live on. The place in dispute came into the possession of Mr. Richards in exchange for the present Watering yard, which is really a lihi on the land given to him by Kaahumanu. This exchange was made in the time of Kaahumanu, and Mr. Richards then fenced in the land in question. Mr. Richards held this place without dispute till his death. I never heard of any counter claim to it until a few days ago. I was one of his men and lived near this place. I once asked Mr. Richards to give me this place but he said he would not do so on account of its being in possession of Mr. Baldwin for the Mission.

Kale, sworn, says he knows the place in dispute. The figs, bananas &c were planted by Mr. Richards. I lived with him, on the place in question from 1833. The fence between the watering yard and this lot was built at Mr. Richards' expense. He gave books to the people for their labor upon it. I never heard his title to this place disputed during his life time, nor the title of Dr. Baldwin since.

Hopuola, sworn, says I came from Hawaii just after the death of Kaahumanu and went to live on the land of the Missionaries in Lahaina. The place in dispute always belonged to Mr. Richards in my time. He planted the trees and bananas in the lot and enclosed it. After Mr. Richards left, it came to Dr. Baldwin the present Missionary.

Umiumi, sworn, says he knows the place in dispute well. A part of the premises given to Mr. Richards by Kaahumanu stood in "Paunau" and a part in "Haleu" of the Young family. The part now in dispute was fenced in by Mr. Richards and the path to his house went through it, but there are two Cocoa Nut trees still standing on this land which were always in dispute, and I believe they belong to Kekela (Fanny Young). I do not know who planted the figs and other fruit trees. My house stood on this land before Mr. Richards' time. The ground in question belonged, I believe, to Richards but Nahienaena had a house on it at one time. Mr. Richards held it without dispute, but the Cocoa Nut trees belong to Kekela.

Kekuelike, sworn, says he knows the place in dispute. The Makai part of it belongs to Kekela and the mauka part to Mr. Richards. I lived on the makai part of this place at the time of the Battle of Nuuanu, under old John Young. At the time Mr. Richards first arrived in Lahaina, I was living there, and so I was when he went to live on the present Mission premises. The place where the large wall for watering ships now is, belonged to the King. My house was on the mauka part of the strip in dispute and Kekela built a house for Nahienaena makai, near the present street. That house did not stand on Richards' land. I lived on the land in question till about the time Kaahumanu died. The house of Nahienaena had fallen down before I left the land. Mr. Richards built the fence between the watering place and the strip in dispute during the lifetime of Nahienaena. The fig trees &c were planted by Kekela and her people. I am certain for I saw them planted. Some one else might have also planted figs there. After Mr. Richards built the fence spoken of above, the path to his house went thro' this place under a large grape Vine planted by him. The place where the Cocoa Nuts are belong to Kekela. Mr. Richards planted bananas in the part of the lot claimed by Kekela but the land did not belong to him. The house occupied by his servants stood about the dividing line between his part of the land and Kekela's part.

Kawaa, sworn, says Mr. Richards got the Mission premises from Kaahumanu in 1824 or '25 and I believe it included the strip in dispute. I never heard Mr. Richards' title disputed.

P. Nahaolelua, sworn, says when he came to Lahaina, at the time the Seminary began, Kekela was living on the place in dispute. She owned the Cocoa Nuts growing on it, and I have always been in the habit of taking nuts from thence. Kekela had left this place some years before the death of Kinau. The King's sister also lived on this Lot, farther mauka at the same time as Kekela. At the time I [?] built the fence between this place and the Watering yard, John Young wished me to include the strip now in dispute, but Kekela would not allow it, because she said that strip belonged to her and not to John, and she wished to have their lands kept separate.

Reverend Mr. Baldwin, sworn, says that when he first arrived at Lahaina, Nahienaena was living in Mr. Richards' house, and her servants occupied a house which stood on the strip in dispute. In 1835, I came to live in Lahaina, and Mr. Richards servants were then living in the above house. The only entrance to Mr. Richards' premises was through the place in dispute and his children used to cultivate it as a garden for themselves. When Mr. Richards was absent, I had charge of his whole premises including the strip in question. There never was any counter claim made to this piece during the time I held it, or during Mr. Forbes' residence there. When Mr. Richards heard Land Claims in Lahaina, in 1847, no counter claim was presented for this place. It was publicly measured and included in the Mission premises, and no one made any objection to it. I understood from Mr. Richards about 1834 that the strip in dispute was given to him in exchange for the place where the large wall now is. We have always had this place in cultivation and occupancy, and I never knew that the Mission Claim to this place was disputed, until a few days ago. The only difference we ever had was about the Cocoa Nuts.

[Award 387; (Maui) R.P. 1958; Wananalua Hana; 1 ap.; 27.64 Acs; Kauaula Lahaina; 2 ap.; 1 Ac. 38 rods; R.P. 1943; Kelawea Lahaina; 32 rods; Opaeula Lahaina; 1 ap.; 1 Ac. 3 roods 5 rods; R.P. 1943; Paunau & Haleu (1 Ac.) Lahaina; 2 ap.; 5 Acs 1 rood 11 (25) rods; Pahumanamana Lahaina; 1 ap.; 32 rods; Pohakauhi Wailuku (Baldwin) 1200 Acres, R.P.; 1925; font-family:" century="" schoolbook","serif";mso-fareast-font-family:calibri;R.P. Halaula Wailuku (Castle & Cooke); 2 ap.; 3.29 Acs; R.P. 1928 Pohakauhi Wailuku (Maria Ogden) 1 ap.; 38.64 Acs; (Molokai) R.P. 1958; Kaluaaha]