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No. 597 T.C.B. Rooke Honolulu, June 8, 1847
[Listed in Location Index also as 6461, which is the R.P. #]
Gentlemen: In 1841 a tract of land situated at Hanalei on the island of Kauai was offered for sale to me by Mr. Deadman. I applied to his Majesty to know if I had his consent to purchase the same. He not only confessed his willingness to my purchasing it to myself, but to H.E. [His Eminence] Governor Young also. Having as I supposed received the necessary sanction, I completed the bargain, but on application for title for the same, various delays occurred, the occasions of which are better known to Mr. Ii, one of your Honorable Board, than to myself. Eventually Mr. Ii directed me to procure Deadman's affidavit, which I did, a rough copy of which is herewith enclosed. The original I delivered to G.P. Judd Esq., then the Minister of the Interior, but which as you perceive by the enclosure, No. 2 is mislaid. I beg most respectfully to submit my claim to this piece of land to your adjudication.
T. CHS. BYDE ROOKE
No. 1, a copy of the affidavit of Joel Deadman.
No. 2, G.P. Judd, Esquire's answer to my application for the original document.
No. 3, copy of a bill of sale for Joel Deadman to myself to the Local Board of Commissioners for Quieting Land Titles.
[margin note:] There is no punctuation in this document.
I, Joel Deadman, do hereby make oath & declare that in or about the month of1834 Kaikioewa the governor of the island of Kauai gave to Mr. Joel Deadman a certain piece of land situated at Waioli in the bay of Hanalei, the boundaries & extent of which were as follows: commencing on the seaside at a large hau tree near the end of the long pile of firewood nearest the mission, extending along the beach to a large cluster of hau trees, by which the path turns up to the mission by the church, from there extending into the interior taking in the old orange trees at the back of Mr. Alexander's to a little round hummock on the top of the hills back of the taro land, from thence running along the ridge and descending by the side of the fish pond where are the cocoanut trees, and thence to the large hau tree before mentioned. At the same time he, the said Kaikeoewa, agreed to cause it to be cultivated & planted with sugar cane and find the materials for a mill &c and labor for which he was to be paid by one half of the sugar & molasses produced. A house frame was erected but not thatched. I remained there 6 months at considerable loss & expense and had even work made for the mill. About this time Kaikeoewa was taken sick & soon after went to Oahu on his last visit to Hanalei. Before he left Kauai he told me that if he did not look after it himself the natives would not do anything properly, so he gave it ....
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.... grant. The King's title was merely consenting to the transfer by Deadman of his right to Dr. Rooke. I think so "that right was not recognized by a formal vote of the meeting. I think those proceedings were not recorded as those of the ahaolelo are." I think the subject was brought up incidentally either by Dr. Judd or myself with a view to hear the opinions of the Chiefs about the claim. This claim was not brought before the legislature of Lahaina in 1843.
No. 597, Kauka Luke (Rooke)
1. John Ii sworn by the Word of God and stated, "I had seen Deadman in the year 1835 and I also had heard Kaikioewa tell about this land as having it to be cane land in Hanalei on Kauai. I think that Kaikioewa had wanted to grow sugar cane. Deadman had come at that time and I heard Kaikioewa say about giving Deadman a piece of land. In the year 1842, I had a talk with Dr. Rooke about this property. He related about the document for that land in Hanalei on Kauai being sold for $300.00. Later after this, I had asked Deadman on the authenticity of this document and he had answered positively. The document of the King for this property is authentic with his seal and I believe this is so. In the year 1843, Dr. Rooke had explained to the chiefs about this property and had told them that it would be well for him to keep this land for his child who was born in Hawaii here, whose name is Enely (Emma) Rooke."
[.... other properties elsewhere in islands mentioned]
No. 597, T. C .B. Rooke, June 23, 1848
James Y. Kanehoa sworn and stated, "I did not see this property in the beginning. Later Kaikioewa told me the boundaries of that land. Hawaiiloa is a dwelling for the chief. A cluster of hau trees are standing there also. The boundary runs from here to the pond named Kanoa and extending to Maaaua. I do not know the (boundaries) from here on. The boundary in the direction toward the sea runs along the beach to Waioli and this is the boundary on this side and extending in the direction of the uplands. I do not know about the area in the direction away from the mountains."
See Kauikeouli's letter below on this page.
Oct. 24, 1834
I have just seen your letter. We both feel it is not advisable. This is my idea to you. When you have a desire to give land to a foreigner, give to the foreigner just as we have done with the land whereupon Olohana is living and the same would apply to each and every foreigner. Whenever we feel we want the land returned, we may take it back. Do not give land permanently. This is my thought to you.
Much affection to you, Moser, and to all of you.
[Award 597; R.P. 6461; Hanalei Halelea; 1 ap.; 106 Acs 2 roods]