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No. 3. [Mileka Keomailani], S. Kaapuiki, claimant
Margin note: Presented for file at 3 o'clock pm.m 25th February , copies in native register page 1.
Supplementary documents 1, 2 & 3 N. Register page 24 & two letters signed Mileka Keomailani copied in N.R.
I ka Peresedena o na Kimo a me na Luna Hanohano e ae eha a ka mei i hoonahoai.
No ka hoolilo ano o ka Moi ia oukou e poe Luna nana e hooholoholo a hooko a haole i na mea kuleana aina i hoohumu ia. E ka poe i kuleana ma ko Hawaii Pae Aina.
Ua uluolu hoi au no ka mea ua ike au ua paa ke kanawai a ka ahaolelo Hanohano i kau ai no na mea kuleana aina ma Hawaii nei.
Ua makaukau hoi au e hookolokolo ia mae a e neile ia mai e oukou i kire mau kuleana aina ma ke kulanakauhale o Honolulu nei; I na kuleana aina noie ponoi mai kire mau makua mai, a me na kuleana aina i Kauohaia mai iau e Kahooilina o kekahi mea kuleana aina i make.
Ua hookumueia keia mau kuleana aina i ka makahiki i kaua ao e ka mahaone ka 1 me Kalaikapule ke keiki a Kahekili ia ne loi ke kaua ana i lilo ai keia Mokupuni Oahu nei i aupuni hui ia me ina mokupuni ma ka hikina ua Kapaia ia kaua ana a Nuuanu ke kana hoi ia i hookumu ai Kamehameha I a me kana mau keiki ma keia Mokupuni o ka hookumu ana no hoi ia o ko makou mau kuleana aina mamuli o ko ka Moi hookumu ana i kona Aupuni
No. 3, S. Kaapuiki
To the President and the other Land Commissioners appointed by the King: Since the King has made you the commissioners to investigate the claims which have been established, of the claimants of land, of the Hawaiian Islands, I am pleased since I know the land has been enacted by the Honorable Legislature for the claimants of land here in Hawaii.
I wish you to investigate my claims in the city of Honolulu, my own claims received from my makuas, and the land claims bequeathed to me by the heir of a claimant of land who is dead.
These claims for land were established in the year in which Kamehameha I and Kalaikupule, son of Kahekili, fought the battle in which this Island of Oahu became joined with the Islands of the east. (This battled was called /the battle of/l Nuuanu) This was the battle which established Kamehameha I and his sons on this island and was the foundation also of our claims, because of the founding of his kingdom.
In accordance with the law enacted by the Honorable Legislature, I petition you, as you have directed me.
There are living at this time witnesses who know of these land claims, and also the Ali`is know of the one whose claim this is, because some of them have seen and heard of it.
Therefore, I wait to hear from you of the day that my claims for land will be investigated, in accordance with my petition, as in the law.
I am, with thanks, your obedient servant,
No. 3, S. Kaapuiki, The Land Claims of Kuihelani
Explanation No. 1
Kuihelani was a man of responsibility for Kamehameha I and important to Kamehameha and all the chiefs; he was well known at this time, being an important steward. He was a son of a famed counselor of Kamehameha 1's time and it was known that his heir was H. Kawailepolepo, his own son, and some of his kaikaina were Kaumaumakea, Kekuawahine, Nalimaapa, Mahi, Kaaeae and some others. Kuihelani was the head of his generation, and was the one who had the esteem and affection of the King, and those people dwelt in the places assigned to them, and under Kuihelani.
Establishment of Claim, No. 2
When Kamehameha came to Oahu and fought the battle of Nuuanu and was victorious, Oahu became his, and at this time some Oahu lands were given to Kuihelani (these lands are not petitioned for because they
were dispossessed to the chiefs) and Kuihelani lived at Kaaloa, which was called so after his father, where an adobe house was built at Kapapoko, which was broken down for the first time, perhaps three years ago, when Ladd ma built a new wharf. He lived there and built some houses, as far as the site of Aie Nui.
He lived at this place until the King returned to Hawaii, when he installed his makuahine to care for the place.
Establishment of Claim, No. 3
When Kamehameha I returned from Hawaii to live on Oahu, this was the peleleu /a fleet of large canoes/,Kuihelani dwelt in his place and built storehouses and some sheds at the place where N. Hooliliamanu is, and the place was called Kaaloa after his father; that name is still used today. He built some houses at Kikihale and settled his keiki there, and he settled his kaikaina, Kaumaumakea, at Kapuukolo and at a place where Keanini is, and at all those places which were under him, he settled Nalimapaa, his kaikaina, at the place where I. Montgomery is, and a portion of Keaniani's, and he settled his wahine, Kamokuiki, in the lot of Kaeo, and at this place he settled a wahine of his, called Kaoo, at Keoni Miki Opio's /John Meek, Jr./ place; he settled Piipii on a portion of Nalimaapa's place /also/ Aikake's place, and next to this place he settled one of his wahines, Kaualua ma, at the place of Kalua Pakohana. Some of his retainers lived at Kapuukolo and some other chiefs lived under him at these places, and because of Kuihelani's living there, the places all became his. Kamehameha asked Kuihelani for a place for Manini /Marin/ and therefore he was given a place for himself and his children, who are living there -- it was not from Kamehameha that he lived there.
Before this settlement, there were no houses or people there, and Kuihelani was the one who first had rights there.
It is a big story about the matters which were administered by Kuihelani, some haoles and some chiefs -- this is not all that is written because at that time that he was living it was only one person, Kuihelani's. and his one son, H. Kawailepolepo.
The Establishment of Claims, No. 4
This was the beginning of Kuihelani's basic claim to the land and I will tell below of the various people who lived here who got it from Kuihelani and also from H. Kawailepolepo, and no one else.
It is not unknown to persons who are forty years old, and the real truth of the claim is explained by the witnesses.
Classification of the people not living and the acquisition of their rights, No. 5.
1. Lot of Keaniani and lot of A. Manuela. This place was Nalimnaapa's and When he died his wahine, Koi, lived there, and there S. Kaapuiki was born; however, it was Kaumaumakea who settled Keaniani there. Kaumaumakea lived under Kuihelani and died under his son Kawailepolepo -- it was understood that the lot which Keaniani had was Kuihelani's and of his heirs, and the lot given to A. Manuela.
2. Lot of E. Opunui and N. Hooliliamanu. H. Kawailepolepo settled Opunui upon his request for a place to build a house, therefore, this place is for Kuihelani's heirs.
3. Lot of Hoomoeapule. He got it from Manukoa, Manukoa got it from Halauwai, Halauwai got it from Napapai, and Napapai got it from H. Kawailepolepo; it is understood that this place is for Kuihelani's heirs.
4. Lot of Kekuapoi. He got it from Kaiakoili, Kaiakoili got it from Makulu, Makulu got it from Napapai, and Napapai got it from H. Kawailepolepo; it is understood that this place is for Kuihelani's heirs.
5. Lot of Keoki. He tot it from Huaka /Walker?/ Huaka from Papa-naha, Papanaha from Kekapu, Kekapu from Kuihelani. Wm. Stevenson and his wahine, Moku, were the ones who first lived on this 'Lot under Kuihelani, and it is understood that this place is for Kuihelani's heirs.
6. Lot to Kakanu. This was combined with the lot of Keoki, this was the result of a little cutting off and separation; it is understood that this place is for Kuihelani's heirs.
7. Lot of Paniani. The kahus /guardians/ of Halaki /Cbarlotte/ came and lived there, they got it from Paakonia and Paakonia got it from Namaha, Namaha got it from Cox:(Koki) and Koki got it from Kuihelani and it is understood that this place is for Kuihelani's heirs.
8. Lot to Keoni Amara. A portion of this lot was for the aforesaid Koki and afterwards Keoni Amara lived there; Koki was settled there by Kuihelani, and it is understood that this place is for Kuihelani's heirs.
9. Lot to Koa. A portion of this lot became Keoni Amara's; this place was for Pelapela and Eeka, and when they died, to Kahiamoe, and when he died, Kaumaumakea until he died, and then to Kekuanaoa, however, he was under Kuihelani and his son. Kaumaumakea dwelt there but it is understood that this place is for Kuihelani's heirs.
10. Lot of Kalua Pakohana. Kaauwila had it from Kaualua ma and they had it from Kuihelani; therefore it is understood that this place is for Kuihelani's heirs.
11. Lot to Kaeo. A portion of this lot was for Kama and Napapai and they had been assigned it by Kuihelani. When they went it was presented to the heir of Kuihelani. Afterwards Kekaulike built and Kaeo had it from him, but it had formerly belonged to Kuihelani, and it was understood that this place was for his heirs.
12. Lot of Kaaka. This lot and a portion of Kaeo's, was for Kamokuiki, and she got it from Kuihelani. When she went it went to Kuihelani's son and afterwards Kaaka built. The house was his but the site was Kuihelani's; it was understood that this place is for Kuihelani's heirs.
13. Lot of I. Montgomery. He got it from Kamakakou and Kepane, Kepane got it from Waenahonua, Waenahonua got it from Piipii, Piipii got it from Nalimaapa, and Nalimaapa got it from Kuihelani; it was understood that this place, combined with C. Vincent's place, was for Kuihelani's heirs.
14. Lot of Louis Gravier. He got It from the haoles and his haole got it from Kaikioewa, who got it from Keaniani, who got It from Kaumaumakea. In the days of Kuihelani and of H. Kawailepolepo, Luhilea and Manaohia had this place from Kuihelani, and it was for his heirs.
15. Lot of John Meek, Jr. John Meek Jr. got it from Miela. That site where Mokuhia and Mama dwelt was Kuihelani's and Mokuhia got It from Uilama, and Uilama got it from Kaoo who had been settled there by Kuihelani, and this is for his heirs /and/ a portion of the lot to H. Kalama.
16. Lot of Aie Nui. From Keaka Makapoula, who got it from Boki, who got it from Kaumaumakea. Noa Auwae lived there formerly and they got it from Kuihelani. Therefore, it is understood that this place is for Kuihelani's heirs. This is the place where Kuihelani was buried. This place is Kaaloa.
17. Lot of E. & H. Grimes. Kaaloa is the nam ....
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.... Kaihekahi was the trusted servant of Kawailepolepo; and because Kaihekahi was not honest in his dealings, he was returned to Hawaii. His vacancy was filled by Mahoe, who was however, under the supervision of Kawailepolepo, up to the Fort, here. Kalaimoku became angry with Mahoe, and discharged him; and Kaumaumakea was the person who filled his vacancy, under the supervision, however, of Kawailepolepo. And, when Manuia came into control of the Fort, Kaumaumakea was discharged, and authority, from the mountains to the sea, fell to Pehu; however, Pehu lived somewhere else. Kaumaumakea continued to live at the said place mentioned herein; and, afterwards, his kuleana was taken by Auwae. Kaumaumakea returned to Peleula, and when Auwae returned to Maui, it was left idle. At that time, it was taken by Poki; therefore, Poki came and took away the frame-house of his sister, and rebuilt it at the place that is called, at the present time, Aienui, which has been there since that time.
John Ricord: And, where did Kaapuiki live from that time to the present time?
Kiaaimoku: Where he is living now, only at that place; from the time of his parents to the present time.
394 (Further hearing was held; pages 12 - 26)
No. 3, The Property of Kaapuiki
Office of the Board of Commissions To Quiet Land Titles, Kauwila House, April 1, 1B46
John Ricord: How many years have you known of Kaapuiki's land and where were you born?
Paahana's sworn testimony: I was born on Hawaii, and I came to Oahu when myfeet were not yet red.
John Ricord: When did you see this land?
Paahana: When I had grown older, I had not seen the battle at Nuuanu-but according to my parents, we were residing at the moo.
John Ricord: At that time, who owned the land?
Paahana: From Kamehameha, then to Kuihelani, who acquired all of Honolulu.
John Ricord: That is Kuihelani's property and who acquired it?
Paahana: Because our parents lived together, I am an older brother to Kaapuiki.
John Ricord: Have you lived together with Kuihelani as an attendant?
Paahana: Yes, two of us. The child of Hikiau died on Kauai; Hikiau was Samoan (attendant) for Kuihelani, also an assistant, and thru him, we returned to Honolulu to be close to our parents.
John Ricord: Did your parents with Hikiau live as subjects of Kuihelani?
John Ricord: Anything else about the property?
Paahana: There were many other things.
John Ricord: How was the property awarded to you (people)?
Paahana: On the initial award during Kuihelani's life time and the same continued for the subjects of Kuihelani.
John Ricord: When was the property rights separated between your father and the foreigners?
Paahana: At the time of Kuihelani's death, the property was acquired by Mahoe, a ruler of Kona. He had left no bequests at this time.
John Ricord: At the time you (people) lived with Mahoe, where was your residence?
Paahana: We lived at Kikihole, Keanini's place.
John Ricord: And when Mahoe was released, whom were you living with?
Paahana: Under Kawailepolepo on the portion of his land, Kaumaumakea, and at this time Liholiho came to Oahu. This property was granted for the ruler's subjects and we went to live in the uplands of Kapalama while our grandmother and some other people with Kaapuiki and his family remained in the lower lands.
John Ricord: Is this property Kikihole enclosed with fence?
John Ricord: When was it fenced?
Paahana: After the battle of Nuuanu.
John Ricord: Is the old fence still there?
Paahana: The ground upon which posts were built is still there.
John Ricord: Were there many enclosures at that time?
Paahana: No, only one huge enclosure, the one on the outside.
No. 3, [Keomailani], The Property of Kaapuiki, (400), Honolulu, May 22, 1846, Office of the Board of Commissioners Who Quiet Land Titles, Hale Kauila House, From P.H.
Paahana sworn in for testimony:
Our first place is where Keaniani is now living and which is the birthplace of Kaapuiki. Then we went to live inland of Kapalama while Kaapuiki ma (plural) remained here until this was awarded to Keaniani.
Testimony of the officers who quiet title:
For Kuihealani's big property we know about and we will decide whether or not the heir of H. Kawailepolepo has any interest in it.
The officers asked, "Where is the daughter's property?"
Paahana: It is the same property, only it is separated by a fence at this time.
Question: Is that place enclosed with a fence?
Question: What is the name of that place?
Paahana: It is Kikihale.
Question: Is the daughter's parcel enclosed?
Paahana: Yes, it is enclosed.
Question: When was it enclosed?
Paahana: When the road was demolished, every individual enclosed his property.
Question: Who is living on the daughter's property?
Paahana: Kaniau, one of her uncles.
Question: Is it Kawailepolepo's property?
Paahana: Yes, it is Kawailepolepo's.
Question: And he lives there?
Question: Is that place for the daughter now?
Paahana: Yes, it is for the daughter.
Question: Were there no interference from people who lived there since the time of Liholiho?
Question: Kaapuiki, are you claiming for you the parcel on which you are now living? And another portion for Mileka Keomailani, the daughter of Kawailepolepo, for her wholly?
We and the witnesses know about Kuihealani's large property Kaaloa, and we, the commissioners will think about this carefully.
Kaapuiki is claiming for himself the place on which he now lives and for the daughter of Kawailepolepo, the place that is for Kaniau.
The commissioners approved to survey properly the lot of Kaapuiki and the lot of Kaniau.
[Document] No. 8, The Deed of Keomailani to Kaopuiki
[should be No. 3]
February 13, 1846
The Kulanakauhale (village, house site city).
Here is my opinion to you if you have lived in (on) a Kulana-kauhale and should there be any problem, a hearing is the proper thing. No one can just take or sell that property because we (two) the heirs have not died. This is a deeded property to us and from us to our descendants. I feel (that) the only way you (people) can have and hold and not lose is to seek the right thing. If you (plural) agree to my idea, we will all profit together.
Here again is this - I am forbidding this Kulanakauhale to be had by sale, nor by sale in small sections. I approve that you go and have a hearing with the learned people and tell them that I am still living. It would he a very surprising thing if that property was taken while we (two) are yet alive. However, my advice is for you to talk with Kaula (?) about this thing. Another thing is should the property remain with us when you claim it, you (plural) pay the cost for it and for everything within the property. That is the end of that.
Yes, it is most unprofitable to leave a land idle without cultivation and planting is something I would encourage you to do.
Do not live idly; do not only sleep at home for that is why there is much famine in Honolulu (and) that is one reason for frequent deaths Later (you) explain to me on loss and no loss. Only now I realize that property is a burden.
Love to you all,
Girls' High School
February 23, 1846
Greetings to you, S. Kaopuiki:
We (two) are the heirs of our father, Jezekaiah Kawailepolepo who is dead and had decreed to us (two) his heirs and children and because he is dead, you are our only uncle left living on Oahu where our father had placed you (two).
Because we had seen published in the Elele Hawaii the new laws of the kingdom which we both know about and by the order of the officers who quiet land title requesting people with land titles and by hearing the verbal statement of our father that they alone have property whose boundary encircles on the outside thus:from the people between (?) the old road at Kikihale, from there running directly to the body - building ground of Kalanikahua from there directly to the wharf of Kaloka, and running directly to the sea, the area within, on the makai side of Kapuuholo, all of that place within these boundaries are for our grandfather and our father, and everyone else lived under him, the chiefs, the haole(s) and the Hawaiians. And by his statement that it is truly theirs (two) thus we request of you the younger brother of our father to file a claim with the grant officers and to explain to them the right to claim as it was announced by the officers.
We feel that we do have an interest in that property as it was related by our father and this the announcement by the government.
We have heard that there are living witnesses and those people who had lived together with our grandfather, therefore we give you this undertaking. I am not able to do it because I am confined to school seeking the right and the knowledge.
I am saying that it is not right for that son of yours to go to be held by Lyman (Laimana) at Hilo.
I say, also that my statements and your documents perhaps should stir much thought by the officers about these titles which would be good and just as we request of you. It is for you to do all of these things which are ready for our parents and if you feel to ask someone to be your assistant, this would be in accordance with our request. (There is) only one big thought by the (two) interest holders. The officers may crowd us out perhaps, or love us as children, of parents who are dead and they should think of you. Let us know the result of your work as we have requested of you.
My own hand has written this with great hurry, thus the bad (writing).
Your loving niece,
Here is something else our father told us, which is about the heir of Kuihelani. To Keoua was the first grant, during the time Kuihelani took him to Kamehameha. We were told that the king and his parents had heard this (also were) Hanau should have been on Oahu' It was she who heard the awarding of everything and the heir (of the award). Is Hanau dead? Let me know if she has died.
Kuihelani had no will at the time of his death. The awarding had already been done.
[Award 3; R.P. 7233 & 7261; Kikihale Honolulu Kona; 1 ap.; .89 Ac.; Kaapuiki for Keomailani & Enoka]