Mahele Documents

9/6/2017 2:01:06 PM - last modified
Claim Number: 00001
Claimant: Voss, John
Other claimant:
Other name:
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Hotel St.
Statistics: 14227 characters 2510 words
No. 1, John Voss, claimant, 1846
F.R. 1-7v1

[Margin note: Presented for file 9 o'clock a.m. February 16, 1846]

Hoolimalima Aina - Helu
Ke hoolimalima aku nei O Kekuanaoa i kekahi apana aina, ma Honolulu, Oahu. Eia na palena o ia aina: ma ko kihi o ke alanui Hotela a me ke alanui i holoilalo mai ka hale o Mika Farani a holo i ka Hikina ma ke alanui Hotela he kanakolukumamaonoiwilei a me ka hapalua, alaila, huli ilalo, he huina kupono, a holo he kanakaolukumamalima iwilei. Alaila huli i ka akau, a holo like me ka lalani mua he kanakolukumamaono iwilei a me ka hapalua a hiki i he alanui alaila, huli hou iluna, a holo ma ke alanui, he kanakolukumamalima iwilei a hiki ke hiki e olelo mua ia.

Ia John Voss no Gerimania, i wahie noho ai ia a me kona hooilina a me konahope paha me ka malu, no na makahiki he 25.

Mai ka la aku o ka kakau ana o keia palapala. Aole mai ia e puhi rama, aole hoi e kuai i ka rama ma ua aina la. A e uku mai ia ia Kekuanaoa, a I kona hooilina, a I kona hope paha, no kela makahiki keia makahiki i na dala he 35$. No kona noho ana ma ka aina a pau na makahiki i olelo ia i maluna, alaila e hoihoi mai i ua aina la a me na hale maluna a me ka pahale, a me na mea a pau e pili ana ma ka aina, ia Kekuanaoa a i kona hooilina a me kona hope paha, ka mea nona ka aina.

A no ka ae like ana e makou i keia mau olelo, ke hoopaa nei makou ia makeuiho [?], a me ko makou mau hooilina a me ko makou mau hope paha, e ka hooko pone i na olelo a pau maluna, a ke kakau nei i ko makou mau inoa malalo iho, i keia la 31 o Mareki i ka makahiki o ka Haku hookahi tausani ewalu hanari me kanalia, ma Honolulu, Oahu, ko Hawaii pae aina.

Poe iho maka i ke kakau ana.
Paulo Kanoa, Jona Kapena, Mataio Kekuanaoa, John Voss

Ke ae aku nei maua i keia olelo ana Honolulu,
Aprila 3, 1840
Ike i kekau ana Kemahameha III, Kekauluohi
Paulo Kanoa, Jona Kapena

Translation: Lease - No. 1

I, Kekuanaoa hereby lease a certain piece of ground in Honolulu, Oahu, bounded as follows: beginning at the corner formed by Hotel Street and the cross street running down from the dwelling house of Mrs. French and running easterly along the street, thirty-six and a half yards, then turning downwards at right angles with Hotel Street and running thirty-five yards, then running northerly, parallel with the first mentioned line, thirty-six and a half yards to the cross street, then running up cross street 35 yards to the first mentioned corner, to John Voss of Germany to be used and employed by him or his heirs and assigns for the term of 25 years from this date, upon these conditions; he is not to manufacture or sell any ardent spirits upon the said land, and he is to pay each and every year to Kekuanaoa or his heirs and assigns the sum of thirty-five dollars, as full rent for said land; and when the lease is fully expired, he is to restore the said land together with all the buildings, enclosures, and improvements thereon, to Kekuanaoa or his heirs and assigns, the owners of the land.

In testimony of our mutual assent to the above terms, we bind ourselves and our heirs or assigns, to the fulfilment of the same, and subscribe our names this 31st day of March in the year of our Lord, one thousand eight hundred and forty at Honolulu, Sandwich Islands.
Signed in the presence of
Paula Kanoa, Jona Kapena, Mataio Kekuanaoa, John Voss.

Power of Attorney, J.J. Jarves, Esquire, Honolulu, 1845, October 13th
Sir: As I am willing to leave the Kingdom very shortly I would avail myself of the kind offer you made to me some time ago to act as my agent, on behalf of having the lease of my premises, now occupied by you, extended. I do not think that there will be any difficulty in getting it as Mr. Judd himself several times assured me, that I should obtain it as soon as the persons for settling those affairs were appointed. I consider myself the more entitled to it, as not all the land mentioned in the lease is in my possession.

I therefore wish you would manage to have the said lease extended for the term of seventy-five or the least fifty years. In case you should obtain this, I agree to pay an additional rent of at the highest 10 dollars also forty-five dollars altogether, a year, if not, I insist upon being put into possession of the whole of the land granted to me in my lease.

The new lease, which I do not doubt you will obtain in my behalf, you will be kind enough to deliver into the hands of Messers Brewer & Co., my agents for all my trasactions within the Hawaiian Kingdom. For the steps you may take in this matter, the presents shall be considered a suffucient power of attorney.< ....

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.... o said he had given him some enlargement of his premises back. Witness knew that Mr. Voss applied for an extension of time & offered to increase the amount of rent, and that the Governor's clerk commenced erasing in the lease the number of dollars & putting in a new sum; and also to make a similar change in the number of years. Witness told him that would be illegal to alter a document of that formal character & highly dangerous. That if it was agreed to extend the lease, new papers should be drawn up & when complete the old ones should be destroyed. Therefore Witness believed there was a prom [promise] to extend the lease on new terms. In fact, Kekuanaoa told witness that it was his wish to do so, but various circumstances prevented the things being done until the general determination of the Government to leave all titles untouched. Witness believed the term of years it was to be extended to was fifty. The increase of rent from 35 to 45$ dollars. In 1843 witness sent a native & foreigner to measure that plot; and to give him a description exactly as it is enclosed & another as for lease. The result is that he, Witness, believed Mr. Voss has a little less land than is included in the lease; it having been cut off in order to straighten the street, the piece added to the back part not being quite equal to that which was cut off. Witness believed Mr. Voss would be very glad to have a new lease for fifty years from the date of the old one, and pay a rent of fort-five dollars per annum. He thought if any one was entitled to this extension, the claimant is. Witness never promised more than to use his influence in favor of him. The proposition to alter the lease was in consideration to what he had yielded to the street, and his having placed a good building on the land, he being a very estimable man.

N.T. 5-7v1
No. 1 - House lot of John Voss, Hale Kauila, March 18, 1846

John Ricard: Who owns that land of John Voss?

Matthew Kekuanaoa: It belongs to Kinopu.

John Ricord: Who is his heir?

Matthew Kekuanaoa: I am his heir.

John Ricord: Who owns Kinopu's place?

Matthew Kekuanaoa: It was just an abandoned place with no houses until our houses were built. Poki gave me the sugar mill up in Manoa. I was a favorite of Poki at that time. At that time Kinopu came to me and said, "Kaahumanu said for you, the one who is a favorite of Poki, to grind her (Kaahumanu's) sugar cane in your sugar grinder (the sugar mill of Poki and Kekuanaoa)." I went to Poki and told him all of this. Poki told me to move the sugar mill back down. And at that time Poki asked me and Kinopu to build a round-shaped sugar mill, in Kinopu's lot, and we agreed and so that place became a place to grind cane. Later on Poki gave that place to Mr. French and when Poki's grant to him (French) terminated I took (the land)."

John Ricord: Didn't Mr. French give you money for that place?

Matthew Kekuanaoa: (He) gave me forty (40) dollars annually and a little later (because) I thought (the land) would be lost completely, Mr. French and I bought (the land) for five hundred (500) dollars. That money ($500) was for the government. And at the legislature on Maui that place (John Voss's house lot) became government property.

G.P. Judd's sworn testimony:
From what I have heard I believe that land (John Voss's house lot) belongs to Kinopu and I believe it seems as if it has really become the property of Mr. French and I do believe (the land) belongs to M. Kekuanaoa and I am certain because I have the deed for that place. I feel that money which M. Kekuanaoa paid is for the government and I also believe the government has the right to that place. I remember what was said at Lahaina, John Voss had sued because his lot was cut by the road and I asked Kekuanaoa about this matter. Kekuanaoa told me "a certain portion of his lot was really cut and I gave him again a new place above his lot." John Voss spoke with M. Kekuanaoa to raise the rent and extend the lease. I assumed it was perhaps for fifty years. Therefore the lease was changed without writing the new lease out. Therefore I told Kanoa, "What you did was not right." In the year of our Lord 1843 I sent Kapeau and a foreigner to go and survey the area awarded to John Voss, and they went to survey (it) and they showed me the map. And I think from the designated day of the lease document John Voss can enjoy in the fifty year lease and the forty-five (45) dollar annual rent.

[Award 1; Hotel & Alakea Sts. Honolulu Kona; 1 ap.; .23 Ac.; TMK 1-9-6-02; This is a lease- not a fee simple]