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No. 359, Makahanahono, January 1, 1847
Greetings to the Land Commissioners: I hereby state my claim to my land of Kalua in Wailuku which was given me by Hoapili Kane. I was evicted without trial by Kekauluohi in 1843; halfway through the year I was dispossessed, on the death of Hoapili Wahine. The law affords protection -- 'Do not evict from the land' -- but I was dispossessed because of the idea of the Ali`i. Therefore I present this to you for your action, to clarify the thought of uninformed people.
I am, with thanks,
Witnesses: Kuihelani, Kapena
Persons who only heard: Napela, Kaauwai, Kalaaione
No. 359, Makahanohano
Z. Kaauwai, sworn, I know the nature of this document that Makahanohano is complaining about to us. Hoapili had given Kalua to Makahanohano in the early months of the year 1839. When Hoapili died, he had directed that when Hoapili-wahine died, we would all be under Kauluohi. I do not understand Makahanohano's offense which had cause Kekauluohi to take away that property from him. I know that after this, Kaoo ma had obtained the land. Those are the important things I have known. I have not heard of the offense which had separated him (Makahanohano) (from the land).
I have known the statements made by Hoapili for the advantage of the konohiki on the land. One third of the land is for Hoapili ad two thirds for the konohiki, but this is the way it works. The two thirds for the konohiki is to enable him to see his lord within his two thirds and the one third is for him (Hoapili) only to say about it. This was an absolute restriction for the k ....
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.... ll be. The patch lands have 25 patches according to Makahanohano and the working days will be Thursdays and Fridays. Things concerning the konohiki will be for Kekauluohi, but in the areas where Makahanohano has worked with his hands are for him and will not be done by the Friday (people) either."
I (Kuihelani) did as it was said and went to Makahanohano. I said to him, "I have come so that you and I will look at the small patch. We looked at the land and he told me exactly what he had said to Kapena. I asked to see his own patch and he showed me his loi and other places which he had worked with his own hands. I said to him, "Those things which have been touched by your hands are for you just as Kapena has told me."
Makahanohano explained to me about a particular patch in that he will consume all of the food from it, then return the patch to me. I agreed that he return the loi to me after he had eaten all of the produce therefrom and that was the end of our talk with Makahanohano concerning the land.
Napela, sworn, Makahanohano has the property, Kalua, that Hoapili (Hoapili kane) had given him in the first month of the year 1839 and since that time to the year 1843 in the month of January. This has been a worthless statement in Hawaii here. I have not heard the reason for his separation (from the land). Makahanohano has an interest under Kaoo at this time.
To eat freely of the things of the konohiki is the advantage I have seen for the konohiki on the land and when the kanawai (water course) was first urged the patches were divided, separating his patch from yours. This was done to provide food.
[No. 359 not awarded]