Mahele Documents

00058 Kauhiahiwa,Kealawaa daugh. & heirs
Claim Number: 00058
Claimant: Mapu
Other claimant:Kauhiahiwa,Kealawaa daugh. & heirs
Other name: Emma Jones
Island: Maui
District: Lahaina
Ahupuaa: Aki, Kopili, Kopili Hema
Ili:
Statistics: 13914 characters 2491 words
No. 58, Mapu, claimant, Maui
F.R. 71v1


1 document entered in Native Register, page 62


N.R. 62-64v1
No. 58, Mapu

Greetings to the Land Commissioners: I have heard in my old age that the King has appointed the Land Commissioners. I hope you will be so good as to consider my paper concerning my claim. May your distinguished eyes peruse the following:

Three Rights
(1) The owner of the land had it from his ancestors.

(2) The owner of the land gave it to the konohiki which gave him rights on the land.

(3) I am the tenant (hoaaina), having been on the land since my ancestor's time and I do the work of the konohiki and all the instructions of the owner. Two of us lived on the land - the Konohiki and myself. We divided up our kula land and the taro patches, separating his and mine.

I am the one who has the rights over my place and it is valuable to me, and /now/ I am deprived, for this reason.

A person lived with me as is the custom of this land - some live under some others, and after some time they get up and leave without my knowing of their departure. Some time after his departure, I heard it was given to someone else and then my wife rote [stet] him asking bout this departure and the return to said place and we did not receive a reply.

Shortly thereafter the tax official took action in court and I was deprived, and when it was tried again, I was still deprived, and this is not good, in my mind.

I had my kokua /advocate/ please before the Governor's court, but have not heard of this being rectified in this high court, until now. My advocate is Ladana /London?/; - he was the one who appeared before the Governor's court and he is the one who knows the action of this court and the one who will again appeal to you.

I will continue to esteem you in my old age. Let the names of the designated persons be praised forever. I am your servant, with praise.
MAPU (his mark)

P.S. The friend who was to do this was Kekulelike, however he died, and his successor is Kuakamauna.
Kopili, Lahaina, Maui


F.T. 220-221v3
Cl. 58, Mapu, translated from Vol. II, p. 65 N. [next page:] 1849

Hikiau, sworn, Mapu consented to Kauwaa living there and he consents to Kekaulike living there, and he did live there undisturbed.

Kamakini, sworn, That Mapu received that land from Kauwaa. This man gave it to Kekaulike. It is not clear to me what year. The gift was made on Kalaimoku's death. The land was given to Kukualiki and he had lived there to this time. The title to the land, however, was Mapu's, who gave away a certain part of it to Kamakini. As to the destitution of Kekualike, I do not know.

Kaauwai, sworn, taken 3 November 1849 Hale Hoona Honolulu, I know that Kualiki went to live with Mapu about 1825 and that Mapu at the same time was Konohiki and gave Kekualiki two thirds of the lot which he himself occupied and owned. And that Kekualike fenced and cultivated it and lived on it in a house of his own building. Having built 3 houses and the adobe fence, he then put up a still standing at least in the same place - for he replaced the first twice with new adobes. I know that he went backward and forward to Molokai up to 1846 when he died, and that he never abandoned this place to the time of his ....

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.... are Kekuelike's servant.

Kahalemake, sworn, "I am a native of Lahaina and have seen this land in Kopili over which there is a dispute It was at the time of Hoapili and Nahienaena was still alive the land had been for Mapu's sister and when she had been released from the land, it was then passed on to Kaua. Mapu lived there, how ever as a caretaker for Kaua.

Later Kaua divided this land and gave a one half portion to Mapu. When Kukuelike had no place to live, Mapu gave his this place upon request with the agreement that should Kekuelike decide to leave, he would then return the land to Mapu.

I personally had heard Kekuelike ask Mapu and Mapu in turn had requested the Kekuelike return the land should he leave. Kekuelike had lived there for probably ten years when they went to Oahu and upon leaving for Kauai permanently, he returned the land to Mapu. Umiumi and Kanaloa had been living there. Kuakamauna had taken Kekuelike's interest in 1842 perhaps he was under Kalama, the son of Kekuelike.

Kaua, sworn, "That land came into my possession in 1822, in 1826 Kekuelike asked for a place to live, therefore, Mapu and I gave his a piece of land. Kekuelike's place is in the half portion of Mapu's place which was divided at the time of Nahienaena. The size of Mapu's land: Two hundred and fifty and seventeen is the width - and my place is 207, the width is 8 fathoms. My place is makai and Mapu's is located mauka.

In the year 1843, I asked Kekuelike what about your interest in our place?
Kekuelike answered, "Mapu (wife) will live on my place and will care for it" then in 1845, Kekauluohi asked me to live on that land. I was not angered that Kekuelike had built his house there, he had lived there under Mapu. Umikana is presently living there. Kekuelike has 4 moos; my place is smaller with 3 moos only.

Kuakamauna has never objected previously, only now he has intervened. He had possession of the land in 1843, Kekuelike had it first in 1826."

Mataio Kenui, sworn, "After the war of Kahalaia had ended and the men all returned to live on Lahaina here, that was the time I had seen Kekuelike living on that place. During that time I heard Mapu's wife suggest the division of the land between Mapu and Kekuelike and since then Kekuelike lived there until he went to Molokai. I have not know his independence because he had lived under Mapu.

The land had been divided before this time, the mauka half portion for Mapu and Kekuelike, while the half makai for Kaua".

Kaunakakai, sworn, "I am not a native, I had come as a stranger and lived in Lahaina. Kekuelike had a house as soon as we had come, from his friend Mapu. Later Kekuelike asked Mapu for a place and he received it for Kekuelike was a wealthy man at the time, he had lands on Molokai. For this reason he was able to build his house and was successful in living here. My house was completed later. I had not heard that Kekuelike had possession of that place, he had lived under Mapu."

[Award 58; R.P. 404 & 405; Kopili Lahaina; 3 ap.; 2. Acs 2 roods 38 rods; Aki Lahaina; 4 ap.; 2 roods 32 rods; Kopili Hema Lahaina; R.P. 404l;1 ap.; 1.33 Acs for Emma Jones (Mapu Piianaia); R.P.; 404; Kopili Hema (Apana 1) 1 ap.; 1-1/3 Acs; Kauhiahiwa & Kealawaa also awarded land under 58 in Kopili Lahaina; 1 ap.; 1 1/6 Ac.]