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No. 82, Thomas Phillips, Claimant, Translation
[Margin note: The original document transcribed in Native Register page 163]
Five separate claims to land - 3 in Maui and 2 in Oahu; enclosed without letter; and addressed to "The Commissioners appointed to investigate claims to land &c &c. Honolulu, Oahu."
I, Kamehameha III hereby transfer and confirm forever to Thomas Phillips and his Sandwich Island-born heirs, a certain piece of land outside of Lahaina by the name of Launiupoko.
Said land to belong to Thomas Phillips and his Sandwich Island-born heirs forever more, together with all the privileges belonging to said land.
It is also agreed hereby that said land shall never be transferred to any alien or non-resident of the Sandwich Islands.
In testimony whereof we have hereunto set our hands & seals this 19th day of September 1840 at Lahaina, Maui
Note: a Survey after received JHS[?]
No. 82, Thomas Phillips
I, Kamehameha III do hereby convey absolutely to Thomas Phillips and his heirs born here in Hawaii, a certain parcel of land outside of Lahaina, Maui, named Launiupoko, and all the rights pertaining thereto. Said land to Thomas Phillips and his heirs born here in Hawaii and it shall be for them forever.
It is agreed that this land shall not be conveyed to a haole and one who does not reside in Hawaii.
In witness whereof, we sign our names and set our seals on this 19th day of September, 1840, at Lahaina, Maui.
Kamehameha III, KEKAULUOHI, THOMAS PHILLIPS
Claim No. 82, Thomas Phillips, September
The original deed produced & deposited with the commission, Resumed Page 432 Vol. II (for Copy See Register [Foreign] page 92)
No. 82, Thomas Phillips, August 16
[note in margin:] concerning the Lahaina boundary line
John White, sworn, I know the boundary of the two lands in Maui, Lahaina Kuauou[?] at Harriet Kanaina's[?] land and Launiopoko (Claimant's). The boundary between them up in the country is the water run of Puupapai, then down Makai on the Kula end is not known to me, but I have always heard the old people say that the parting here between the two lands runs down to Keahoiki, which is a point near a large rock called Kohe Kili pohaku. It is a place (Keahoiki), where the old Gods stood. There are two grave yards near the large rock. One on Lahaina side about a musket shot off, and the other on Olowalu side a good distance. I only know this from the old people. One grave yard is on Polanui and the other on Launiopoko. Saunders, a Carpenter, or "Kane" had the land of Launiopoko long before Phillips: and he had the bounds I have given. He ran posts from the Kohekili rock inland as his boundary between Polanui and Launiopoko & then went into the hands of other parties (foreigners). I cannot well remember the bounds of the land as it has been occupied by Phillips on the sea side.
Phillips says the old bounds as he has occupied the land are as the dotted lines shows running to the graves on the map made by Mr. Metcalf, which are on the Oloalu side of the Rock Kohekili.
Kahawai, sworn, I know the boundary between Polanui and Launiopoko. I was the konohiki of Launiopoko in the time of Liholiho.
Inland the boundary line is the stream of Puupapai
On Lahaina side of this stream is Polanui
and on Olowalu side is Launiopoko
It follows down the auwai until it meets a kahawai and then runs straight to the sea, striking it at the rock called "Kahakili." It is the boundary line between the two lands.
Z. Kaauwai, sworn, I know the boundary line in dispute. In 1842 I knew it.
Inland the auwai is the dividing line.
Olowalu side of this stream is Launiopoko
on Lahaina side of this stream is Polanui.
It follows the auwai until it meets the kahawai and then runs directly to the large rock formerly known by the name of Keahoiki and latterly by that of Kahakili. From the rock it continues in the same direction till it meets the sea. The rock is in or near the road. There are two grave yards near this large rock, one is in the land of Launiopoko; and the other in Polanui.
[margin note: Quoted by Kanaina nothing recorded new]
Postponed for hearing at Maui.
See Vol III page 34.
Cl. 82, T. Phillips, Lahaina, November 11, 1848, continued from Page 433v2
T. Phillips, his wife, W. Humphreys and others present.
Wm. Humphreys, sworn, Interpreter for Native Witnesses.
S. Kaenaena, sworn on the part of Phillips, I know the land Polanui and Launiopoko in Lahaina. The first is owned by Kanaina, and the latter by the Carpenter Phillips. I recollect a dispute between Phillips and Makaulia, Kanaina's head man in reference to the boundary line between Polanui and Launiupoko. This dispute was of some standing. I first heard of it in 1840 and it continued to 1841 when I went to the ground to settle the difficulty in 1841. I was then Luna Ahau of this district. Kanaina's man claimed that the boundary line was on the Olowalu side of where Phillips occupied, and Phillips claimed that it was on the Lahaina side of where he occupied. They could not agree and I told them that where they could not agree it was with the Luna ahau to fix the division line. It was left with me by the parties to settle. I gave no heed to what either party said, but fixed the line from a point about midway between the two lines claimed by the parties, in the center of a certain hog pen, to run direct to an old graveyard by the sea side. This line was then agreed upon by both parties, and I did nothing further.
I went with Mr. Metcalf when he made the survey of Mr. Phillips' land "Launiopoko." I went to point out the bounds of the land at Mr. Phillips' request, and Mr. Metcalf surveyed it according to the boundary line I fixed, and which was agreed upon by the parties in 1841: that is - the compass was sighted and the chain was carried from the center to the Grave Yard at the sea side to the hog pen inland. This survey was ....
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.... lips, Land Claim Office, September 9, 1846 (from page 114)
Governor M. Kekuanaoa's sworn testimony: My statement to Waolani stands correct. The side which is toward the mountain of the house and to the front of the property. The same is true on the side which is toward the sea.
See page 130
No. 82 & 86, Thomas Phillips (continued), Land Claims Office, September 8, 1846
Keawe's sworn testimony: The land that Phillips is claiming is for a crippled woman, who is the older sister of Phillips' wife and she is dead. I've known them for twenty years, altho' I do not recall quiet well; however, here is what I have known. Phillips (plural) had come to visit us, and in the evening, the governor came. Phillips asked him about the land, to which he replied, "the land is yours." The governor then went to the house of the woman who was living on the land, where a man also lived (there). He asked her to leave, taking with her the house within three days. Phillips asked for the door and the gate.
The governor continued on a trip inland while I returned home and met General Miller and his daughter. The general asked Phillips about the land and he (Phillips) replied that the governor had given him the property. General Miller went to the house of the woman and found her sitting at the door. She wept. The general spoke to her but I did not hear what was said (between them).
It was decided that Ricord go to Papa to consult about this land. Koiamai-Waiwaiole is the one who is related to me. These things are his when he had lived with us (two).
He built a house in 1834 when his relatives came to live with him. I know the door was for Waiwaiole and not for the foreigners. Homai absolutely had no land to farm at all, so he was given when he had asked for it, but he lived under Keahemakani. This is how he obtained land.
It was decided that the people who quiet land titles may give claims of another with another.
Thomas Phillips property on Maui.
Kamani Keaki's sworn testimony, When Phillips received the land, he obtained lumber to build a house; however, it was not yet completed when land and lumber were taken from him. He had bought the lumber from a Hawaiian named Kekauonohi. Kekauonohi had the land, I do not know who has it now, but I do know that Kaniau lived there under Namahoe in the year 1831.
continued page 121
No. No. 80! , 86 & 87! , Thomas Phillips, Adjustor's Office, September 15, 1846
John Wm. Maikai's sworn testimony, Koiamai related to me just outside the house thus, "Waolani had come (to us) and we had refused him. He reported to M. Kekuanaoa and he (Kekuanaoa) said to Waolani, "Go and do as I say (to do)." Waolani came back to us and said, "If you people refuse what I want to be done, then you people are to leave!" Thus, we kept our mouths closed.
Koiamai: Waolani did talk to us and we had withheld (land) from this person (here). We refused and he returned to M. Kekuanaoa to tell him that Koiamai (plural) had refused him. He again came to us to grant him a favor lest we were the ones to be evicted. This made us stop.
No. 80!, 86, 97, Thomas Phillips, Adjustor's Claim, September 16, 1846
[this is included because it appears to concern No. 82 specifically.]
Kalama (Phillips' true wife), sworn testimony, When Waolani had come, I was there and Waolani had explained that Kekuanaoa earlier had given (land) to this person (here). Phillips and Waolani went with Maikai to find the distance and the depth (of the land). After this [the] survey was done, he reported to Governor M. Kekuanaoa, then returned to tell us that all had been completed and was good. At that time Koiamai was living there and he was evicting us. So Waolani runs again to M. Kekuanaoa and when he returned he said to us, "If you people evict me for my words, then you will be the ones to leave." Koiami heard this and he did not utter a word. Waolani granted the place to us with the jury doing their part first; later this settlement was made which was also for the inland property. Waolani recorded the entire estate and surveyed the property for clarity.
No. 97 continued page 148, vol. 3 [Oahu property; See Oahu]
No. 82, 86 & 97, Thomas Phillips, Office of the Board of Commissioners who Quiet Land Titles, September 22, 1846, (from page 116)
Waolani: I have surveyed at the place I had previously posted a stake and it is known.
Koiamai: Waolani came to the place he had initially surveyed and he came again,but I persisted in denying.
For testimony in 85 [should be 95], See page 170, vol. 8
No. 82, Thomas Phillips, From page 197, August 16
John White, sworn, and said, "I have seen the boundary of the land of Kanaina and Phillips. It is Palanui and Launiupoko. The boundary mauka is a ditch and running to the corner called Keahuiki and in between the graves to the ocean. I had gone to see the boundaries of this land in the past; I do not remember them clearly at the time."
Kahawai, sworn and stated, "I have seen the boundary of Launiupoko and Polanui because I had been a konohiki of Launiupoko in the past.
The boundary is mauka of the ditch. The Lahaina side of the ditch is for Polanui and the Oloalu side is for Launiupoko, therefrom it continues to the stream and to the ocean. The sea is for Pahoa."
Kaauwai, sworn and stated, "I have seen the boundary of Polanui and Launiupoko. It was in the year 1842. The boundary is on the mountainside of the ditch, going from there to the stream until it reaches Kahekili's rock named Keahuiki. Here the stream becomes the possession of Pahoa and Polanui, then from the rock, it extends to the beach." The dry area is for Launiupoko, the sea for Pahoa and the makai side of the road is for Polanui.
The division of Phillip's land is at Keahuiki.
[Award 82; R.P. 1358; Laauniopoko, Lahaina; 1 ap.; 3778 Acs; No. 86 for Phillips on Oahu; Also see 83 & 84; heiau and wahine stone noted]