Mahele Documents

10/14/2011 4:44:14 PM - last modified
Claim Number: 00420
Claimant: Kuihelani
Other claimant:Kaoo, wife
Other name:
Island: Maui
District: Wailuku
Ahupuaa: Wailuku
Ili: Owa
Statistics: 8968 characters 1618 words
No. 420, Kuihelani
N.R. 146-149v2

Claim for land and a house at Wailuku.

I, Kaoo, hereby petition you for the right to my land at Wailuku and also the right to my house, being the stone house. Owa is the name of this land. It was purchased so as not to be dispossessed. Forty dollars was given. The land was to be for him, on the payment of $5 annual tribute. Here is the basis of this purchase: When Auwae was living he thought of the trouble of living on the land, and his great fear was of the land being taken. He was not afraid of death. He said "Let us talk, we two - there should be a purchase of the land, in order to have a right to occupy it." Then the money was sought and gotten and Auwae said of this payment, "It /the land/ shall not go to someone else, nor shall there be other trouble This purchase is to give the right of occupancy." Auwae often repeated these words and did not forget them, saying, "If I die don't forget - that is when the sum should be taken to the ali`i.

On his death, I had a conference with D. Malo. Kawailepolepo was the one who took the sum /to the ali`i. He did not see the funeral of the deceased. Three years and some months passed and these years were paid for as mentioned above. After these years, the wrong was not explained, after we had been occupying it, the land was taken until now when I am telling you of it.

The boundaries are as follows: On the north, Haliiau and the stream, on the east, Papohaku /stone wall or enclosure/ and the pond, on the south Kalua, on the west, a section of Haliiau and Peepee.

The right to the house on this land is as follows: Auwae thought of building a house for the two of us, and he discussed with D. Malo the means of completing the construction in 1831 - that was the year of the conference with D. Malo. Here are the things which belong tho this house, purchased with our own money: the lumber, the glass, the nails, the paint and all the fixed assets of the house were the possessions of Auwae which were prepared for it. From the land we got some wahie /wahie=firewood?/, some coral and some stones, since he thought this was his compensation for being the konohiki, and from our own people we got some wahi /?/, some coral, and stones.

Some assisted at this time with oxen and ox carts for carrying the sand for this house.

The witness is David Malo for he is the one with whom these things were discussed.
Wailuku, 14 January 1847

The right of dispossession by the ali`is has been purchased by the one who has a certain `ili at Waikapu [sic Wailuku] called Owa, for forty dollars. If we should be dispossessed from the ahupua`a, this lot shall not ever be dispossessed. The tribute per year shall be $5. I consent to this document.
December 1, 1834

F.T. 121-122v3
Cl. 420, Kuihelani, 16 April, Counter King's Co. by Piikoi 1 ....

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.... pathy for the people who have sought in vain for the things which would be gainful to them" He did not eat any food for seven days. After the death of Auwae, we discussed all of the things which were stated in the complaint. After this Kawailepolepo went to Oahu with the money and upon his return reported that he had seen the chief write his name in pencil on the document because there was no ink and because he was on board a ship at the time he had written his name is the reason I have heard for the separation (of the land). Kalaualu had said, "Do not sell, it might be a permanent loss," that is hat I have heard from Kawailepolepo. Kaihioewa had a grudge in the separation and when the money was returned, I had heard from Kaoo that he was not in favor for the return of the money but was desirous of having the land be kept by them always. The stone house was built the way it had been mentioned in the document.

N.T. 449-450v3
No. 420, Kuihelani, from page 169, vol. 2

Z. Kaauwai, sworn, I have seen this place, Owa is the name, at Wailuku in Maui. This land is for the king and Auwae is the konohiki since Kamehameha I to Kamehameha III recently and until his death in 1834. No one had objected during this time except for a very minor one for Kamehameha II, which was settled immediately. Before Auwae's death, he was fearful of land separation; therefore, he had bequested $40.00 with which to buy the land so that there would be no loss of land. This is what I had first heard from Auwae. After Auwae's death, I have heard only that Kawailepolepo had taken the money ($40.00) to the chief, when later he and Kaoo lived elsewhere. Auwae's old lot had become a house lot for the chiefs for three years and in the fourth year, Kawailepolepo departed from the land. I have herd that Kawailepolepo had become weary of the work of the land and was fearful for the value of this land when they were brought to him. This is the reason for his departure. During the time prior to the death of Auwae, Kalauwalu was given to act a konohiki and Auwae served under him and at the death of Auwae, Kawailepolepo filled the vacancy which was left by Auwae under Kalauwalu.

Auwae had always made his yearly payments to Kalawalu and upon his (Kalauwalu) death in the year 1839, Kaunolina, his wife, inherited (the land) and she lived to February 1849 and died. She did not bequest to the husband the lands of the chief, but she bequeathed her own personal lands to Moehonua. I have not known that the house which was mentioned to have been for Auwae was for him. It was for the chief. We were preparing to build a church; however, the timber we had fetched for it was never used for the chapel but for this house and the same have happened with the rocks and coral. This is what I have known of their loss of Oa which was their own property.

[Award 420; R.P. 1996; Owa Wailuku; 2 ap.; 743.4 Acs; See also Award 5228]