Mahele Documents

Claim Number: 00149
Claimant: Kawahakui
Other claimant:
Other name:
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Smith St.
Statistics: 11646 characters 2183 words
No. 149, Kawahakui, claimant
F.R. 123v1

2 document[s] in native Register, page 128

N.R. 129-131
No. 149, Kawahakui, Honolulu, August 1, 1846

To the Esteemed Wm. Richards, etc. In accordance with the law enacted in 1845, I, the undersigned, being
the one who has the kuleana at that border of land, Kahauiki, am explaining the boundaries and the reasons for a separate claim and some other people still living.

There are many witnesses to testify truthfully as to my real rights and I will tell you how I acquired this kuleana at Kahauiki, by luhi /labor/ and I state to you, the Commissioners, that my right is by labor. Thus I lived and worked with my Friend in planting, although it was hard work I was not deterred. My friend died in the year 41, and I lived with the punalua of my Friend in the year 42 - there was no one to deter me from living and working /there/. After I lived with the Punalua of my Friend and performed work for our welfare, because of the sharing of the work and the life together with the punalua and the cultivation by the two of us in that valley, I ask you to investigate and clarify the rights of the worker - the truth of the labor on this land which I am telling you about.

This is how it came about - I lived at Honolulu and heard that the kula at Kahauiki - the place I am speaking of which was made by my labor - and I told the punalua /that I had heard/ that the kula which we had cultivated was being leased by the Government to Hana or his cattle, therefore I was reluctant to lose what I had planted, and I told the punalua that our cultivated land would be lost. The punalua said to me, "What is the remedy?" and I said a wall was the remedy. The punalua said let us go to the Landlord and discuss a wall. I agreed and we went and talked with the Landlord and he allowed us to do it. It was done on the 9th of December in the year 42. The landlord had been undecided about whether to let /the land/ go to the Government; therefore he left this Lot. I and the punalua worked patiently because of my reluctance to lose my plants and I wanted to finish the wall because I had asked the Minister of Finance, G. P. Judd if he was going to lease the kula of Kahauiki and he said yes, and I asked him, if the portion of the kula which had been walled as a farm would not be mine? He said yes, so I persevered in making the wall and completed it in the year 43, being the year the welfare of the Kingdom was taken /Paulet episode/.

June 1843 was the month the wall was completed. Until now all has been well and now in this year 1846 1 heard a rumor and therefore I went to lease from Kaumealani this lot I had completely walled with rocks. Kaumealani said we /he and I/ did not have a lease, that if we /he and some other person/ were on Maul a lease would be consented to. Kaumealani also said his animals would go there and those of others, therefore I thought my enclosure which I made would become an enclosure for animals and be leased to someone else for horses this is what I think and I. who labored to make this enclosure, am stirred up.

I will tell you correctly the total area which I enclosed by building a stone wall is 160 fathoms. Three chains is the length of the wall for which I carried the stones, 2 chains, also 1 chain /on one side and 5 fathoms on one wide/ for which the stones were carried. I am asking /help/ of you, the ones who observe the heavens, who are accom-plished and educated, who are In a straight line in the work of the government.
With thanks, your servant

N.R. 132-134v1
Honolulu, August 1, 1846

To the Land Commissioners: I am telling you of the truth of my land claim before you, which I am requesting. This i ....

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.... his friend or lived with him. His reason for enclosing it was to procure its cultivation. The land belonged to Kaumealani. He did not give us permission to enclose it and now disputes it; who wants his cattle to go into the enclosure. Kawahakui is but a lopa; but I am Kaumealani's hoaaina, and we altogether enclosed it, and the produce of it belong to us in common.

The distance from the bank of one river to the other must be 40 or more fathoms.

N.T. 6v2
No. 149, Kawahakui, See page 7

Kaupena's sworn testimony, It was toward the mountain side of the road at kahawai. I had seen Kekaulike destroy his houses and Manuia sent Kikiau to settle for a house lot for him at a separate place. He did find one and that is what I have known and no one has objected to this time of living here.

N.T. 7-8v2
No. 149 Kawahakui, From page 6

Kaluahinenui's sworn testimony; I am not related to Kawahakui. It was just toward the mountain side of Miki's property and at the time of Manuia his (Kawahakui) house which was the store, was at the front of my house. Kekaulike and I started to push him out, for twice I had driven him out and Kekaulike did this twice also, besides filing a complaint here. The houses were destroyed at which time this person here filed a complaint and it was Manuia who looked and found a place for him just toward the uplands side of my place. A house was built for there was no house there, no fence and the land was idle. It was there since that time that I have seen the property being enclosed with a fence and perhaps because there were so many of them no one has objected to his residence.

Kaapuiki's sworn testimony: There is a field for cultivation at Kahauiki (Fort Shafter). He worked alone until only a small portion remained undone when he complained for help on his property. Later at the time of Lord George Paulet in the year 1843, I heard that the place was for his punalua (a man who shares his wife with another man) and when he heard that the place was going to be used for cattle, he filed a complaint and a konohiki (overseer) was sent to work on that place.


G. P. Judd's sworn testimony: I have forgotten the time this man had come to me to request for a separate property and I had advised him to set his land apart, till the ground and make settlements later. I had told him that I didn't think that he would be without (land). That was the end of what I had known.
See page 33 [32]

N.T. 32v2
No. 149, Kawahakui From page 6, Honolulu November 26, 1846

Ewa's sworn testimony: I know about the work we had suggested at one time and we had all quit. He had enclosed the property and it has been that way to this time. We had sectioned with a fence the planting area, also the farming plot so that the animals may be separated from the plants. I am one of those who had enclosed the property in the year 1841.

Nalima sworn by the Bible: I am not related to Kawahakui, but we were co-workers because my grand-father was a friend of this person here. (He) Kawahakui's idea for fencing the place was to have a place for planting. The property was for Kaumealani and he had not given approval to us to fence (the property) and he is still denying it at this time. Here is what Kaumealani had stated, "Kaumealani's own animals will enter into (the property, and Kawahakui will become as if he were a tenant and I, Kaumealani, is [am] the true husbandman." We had erected the fence together and also planted plants in there. The property which is from this river to that river is a large one, about 40 or more fathoms perhaps.

[Award 149; R.P. 1122; Smith St. Honolulu Kona; 1 ap.; .25 Ac.]