Māhele ‘Āina Documents
KUMU PONO ASSOCIATES LLC OFFERS DIGITAL COPIES OF THE MĀHELE ‘ĀINA — HAWAIIAN LAND TENURE DOCUMENTS FOR KULEANA (PROPERTY RIGHTS) AVAILABLE FOR PURCHASE
What The Digital Records Provide:
Documents collected as a part of the issuance of kuleana (property rights) under the Māhele ‘Āina are found in several classes of documents. Individual claims, identified by Helu (Numbers) by the Land Commissioners are described in books identified as: Native & Foreign Register where native tenants “registered” their claims; followed by Native & Foreign Testimonies given by individuals who could confirm whether the registered claim was truthful; then the agreed upon area of the claim(s) would be surveyed and (usually including a plot plan of various ‘āpana (parcels) in the “Mahele Award Books;” and finally, often, but not always verified and conveyed to the claimant or the claimant’s heirs in a “Royal Patent” document.
A digital copy of each individual Claim (Helu) registered as a Kuleana application may be purchased at $3.00 per page plus 4.712% GE Tax. To get copies of a desired Kuleana Claim, please email onaona@kumupono.com indicating the Helu (L.C.A. Number), Claimant Name, and Location; also, your name and contact email address. After locating information requested, an invoice which will include a Researcher’s and Handling Fee of $5.00 will be emailed to you via Paypal.
Please note: If multiple claims are ordered, the Researcher & Handling Fee will increase depending on the number of claims ordered. This Fee will be determined prior to processing your order.
Payment for request must be received before document(s) are emailed within 24 to 48 hours.
If a verbatim translation and/or typewritten transcript of selected document(s) is needed, an additional fee, based on length of the narratives will be assessed if requested.
Also, available for purchase are digital copies of Royal Patent Grants, Boundary Commission Proceedings, and Historical Registered Maps. Inquire by email for more information.
Ancient Hawaiians developed a sophisticated system of land stewardship practices as a means of sustaining the population. In pre-western contact Hawai‘i, all land and natural resources were held in trust by the high chiefs (Ali‘i ‘ai ahupua‘a, Ali‘i ‘ai moku or Mō‘ī). The use of lands and resources were given to the hoa‘āina (native tenants) at the prerogative of the ali‘i and their representatives or land agents (konohiki), who were generally lesser chiefs. While at first glance, it might seem that the hoa‘āina had no meaningful rights on the land, the social-religious belief system did have a series of checks and balances. The rulers bore kuleana (responsibility) for the health of the natural environment (bio-cultural landscape), and for the well-being the people. Failure to adhere to these kuleana were manifest in many ways, among which were famine, drought, being deposed, and destructive natural phenomena, such as eruptions, earthquakes and tidal waves (tsunami).
Helu 8081, Hewahewa, Mahele Award Book Volume 5:389
1848-1855: Ka Māhele ‘Āina (The Land Division)
Land ownership was not a natural concept in Hawai’i. Foreigners were the ones who introduced the idea about land tenure, which was quite different from the Hawaiian system of land stewardship. Before the 1840s, the lands in the islands were reapportioned among the Ali‘i each time there was a new Mō‘ī (the hoa‘āina were generally allowed to retain use of the land they occupied or cultivated, and some, some over many generations).
By 1845, the Hawaiian system of land tenure was undergoing radical changes, and the foundation for implementing the Māhele ‘Āina (Land Division) of 1848, was set in place. This change in land tenure was promoted by the missionaries, a growing western population, and business interests in the island kingdom. There were at least two main arguments for creating a land ownership system. On one hand, individuals were hesitant to construct improvements and enter into business deals on lease-hold land, and on the other, missionaries and others believed it was a “moral right” to provide natives with their own ‘āina.
On December 10, 1845, the Mō‘ī, Kauikeaouli, Kamehameha III signed into law, a joint resolution establishing and outlining the responsibilities of the Board of Commissioners to Quiet Land Titles (The Polynesian; January 3, 1846:140). As the Māhele evolved, it defined the land interests of the Mō‘ī (Kamehameha III), the Aupuni (Government), as well as approximately 252 high-ranking Ali‘i and Konohiki. Also included in the Māhele were a number of foreign residents who had served the Kamehamehas, and representatives of the A.B.C.F. M. As a result of the Māhele, all land in the Kingdom of Hawai‘i came to be placed in one of three categories: (1) Crown Lands, for the occupant of the throne; (2) Konohiki Lands for notable chiefs and those who provided service to the Kingdom; and (3) Government Lands, to be used in support of public initiatives and as a means of providing land to those who did not acquire land in the initial Māhele.
The initial Māhele between the King, the Konohiki, and Aupuni was recorded in the “Buke Kakau Paa no ka Mahele Aina i hooholo ia iwaena o Kamehameha 3 a me na Lii a me na Konohiki ana. Hale Alii Honolulu. Ianuari 1848” (Buke Māhele), which is a record of the original title for all ahupua‘a (native land divisions) across the islands. Pursuant to law, and as a part of the proceedings, the King, after selecting land for his own use and after agreeing on quitclaims with the 250-some Ali‘i and Konohiki, in turn granted a large number and percentage of “his” lands across the islands to the ‘Āina Aupuni (Kingdom/Government Land) inventory, as a means of supporting government operations and the granting of lands in leasehold or fee-simple interest to qualified individuals.
The “Kuleana Act”
On December 21, 1849, the “Enabling” or “Kuleana Act” of the Māhele further defined the framework by which hoa‘āina (native tenants) could apply for and be granted fee-simple interest in “Kuleana” lands (See Kamakau in Ke Au Okoa Iulai 8 & 15, 1869; 1961: 403-403). The Kuleana Act also reconfirmed the rights of hoa‘āina to access subsistence and collection of resources necessary to their life upon the land in their given ahupua‘a. The Kuleana Act, which remains the foundation of laws pertaining to native tenant rights in the present-day sets forth the following conditions:
August 6, 1850
An Act confirming certain resolutions of the King and Privy Council passed on the 21st day of December 1849, granting to the common people allodial titles for their own lands and house lots, and certain other privileges. Be it enacted by the Nobles and Representatives of the People of the Hawaiian Islands in Legislative Council assembled;
That the following sections which were passed by the King in Privy Council on the 21st day of December A.D. 1849 when the Legislature was not in session, be, and are hereby confirmed, and that certain other provisions be inserted, as follows:
Section 1. Resolved. That fee simple titles, free of commutation, be and are hereby granted to all native tenants, who occupy and improve any portion of any Government land, for the land they so occupy and improve, and whose claims to said lands shall be recognized as genuine by the Land Commission; Provided, however, that the Resolution shall not extend to Konohikis or other persons having the care of Government lands or to the house lots and other lands, in which the Government have an interest, in the Districts of Honolulu, Lahaina and Hilo.
Section 2. By and with the consent of the King and Chiefs in Privy Council assembled, it is hereby resolved, that fee simple titles free of commutation, be and are hereby granted to all native tenants who occupy and improve any lands other than those mentioned in the preceding Resolution, held by the King or any chief or Konohiki for the land they so occupy and improve. Provided however, this Resolution shall not extend to house lots or other lands situated in the Districts of Honolulu, Lahaina and Hilo.
Section 3. Resolved that the Board of Commissioners to quiet Land titles be, and is hereby empowered to award fee simple titles in accordance with the foregoing Resolutions; to define and separate the portions belonging to different individuals; and to provide for an equitable exchange of such different portions where it can be done, so that each man’s land may be by itself.
Section 4. Resolved that a certain portion of the Government lands in each Island shall be set apart and placed in the hands of special agents to be disposed of in lots of from one to fifty acres in fee simple to such natives as may not be otherwise furnished with sufficient lands at a minimum price of fifty cents per acre.
Section 5. In granting to the People, their House lots in fee simple, such as are separate and distinct from their cultivated lands, the amount of land in each of said House lots shall not exceed one quarter of an acre.
Section 6. In granting to the people their cultivated grounds, or Kalo lands, they shall only be entitled to what they have really cultivated, and which lie in the form of cultivated lands; and not such as the people may have cultivated in different spots, with the seeming intention of enlarging their lots; nor shall they be entitled to the wastelands.
Section 7. When the Landlords have taken allodial titles to their lands the people on each of their lands shall not be deprived of the right to take firewood, aho cord, thatch, or ti leaf from the land on which they live, for their own private use, should they need them, but they shall not have a right to take such articles to sell for profit. They shall also inform the Landlord or his agent, and proceed with his consent. The people shall also have a right to drinking water, and running water, and the right of way. The springs of water, and running water, and roads shall be free to all should they need them, on all lands granted in fee simple. Provided, that this shall not be applicable to wells and water courses which individuals have made for their own use. Done and passed at the Council House, Honolulu this 6th day of August 1850 (Copied from original handwritten “Enabling Act,” Hawaii State Archives, DLNR 2-4. For additional information, see also “Kanawai Hoopai Karaima no ko Hawaii Pae Aina” (Penal Code) 1850).
The records of the Māhele ‘Āina are one of the most important sources of documentation that describes native Hawaiian residency, customs and land use practices—identifying specific residents, resource collections, types of land use, crops cultivated, and features on the landscape. While the Act gave the hoa‘āina an opportunity to acquire fee-simple property interest (kuleana) on land which they lived and actively cultivated, the process required them to provide personal testimonies regarding their residency, right to claim, and land-use practices. As a result, records of the Māhele ‘Āina present readers with first-hand accounts from native tenants generally spanning the period from just after western contact in 1778 to 1855.
The lands awarded to the hoa‘āina became known as “Kuleana Lands.” All of the claims and awards (the Land Commission Awards or L.C.A.) were given a Helu (number), and some Helu were repeated, so they were further qualified by adding alphabet letter(s) to the Helu. The L.C.A. designations remain in use today to identify the original owners, metes and bounds of lands in Hawai‘i. The work of the Land Commission was brought to a close on March 31, 1855.
By the time of its closure, the total land area in the Hawaiian Islands awarded to hoa‘āina only came to approximately 28,658 acres (See Indices of Awards, 1929, and Kame‘eleihiwa, 1992:295) Documenting the Māhele in 1848-1855 was a monumental task for the Land
Commission and its agents. While the generations since the Māhele are fortunate to have the records, it will be seen that there were many problems at the time of recordation. These problems present us with some questions that will never be answered and require us to make educated assumptions—based on standard practices of residency and land use, and requirements of the Māhele application process at the time—to better understand what the records tell us.
Several important points should be kept in mind when reviewing documents of the Māhele ‘Āina. Among these are:
(1) Transcription Errors:
Among the records of the Hawaii State Archives (HSA) is a collection of original handwritten notes from applicants for kuleana and field agents of the Land Commission. This collection is found in Series 294 of the HSA; and is the source information for the Register and Testimony volumes that make up the Māhele Books. Our review of selected records in Series 294 has revealed that Land Commission transcribers sometimes transposed applicant names, land names, and Helu (the L.C.A. numbers) when first transcribing the records. Also, the spelling of names (people and places) is inconsistent across various Register, Testimony, Mahele Award Books, and Royal Patent Books.
Subsequently, the 1929 Indices of Awards added further errors to the collection (transposing the spelling of names and Helu). Also, a weakness in the 1929 indices is that it focused—as the name indicated—only on the awarded claims, leaving thousands of claims only identified by Helu, with no indication of who the claimant was, or the location(s) of the ‘āina.
In the 1960s-1970s, the HSA archivists also undertook the significant task of translating all Hawaiian documents of the Register and Testimony books, in order to help make the records more accessible. The archivists used the original handwritten volumes of the Register and Testimony as their source of information, but unfortunately another layer of errors was sometimes added to the record—most of which are simple typographical errors. Because the translated texts are those which receive the most use in present-day land history research, a number of errors, which are not a part of the original records, are repeated as fact. These errors include discrepancies in the types of land use reported, and transposing of people and land names, and Helu.
Helu 5497, Kauahilahaole, Native Register Volume 6:306
(2) Documentation is Vague or not Recorded:
There are many claims in the Register and Testimony that provide no verbal description of cultivation or residence. Based on the requirement of the Law (the Kuleana Act; Dec. 21, 1849), this should not be interpreted as the absence of such features or land use, but instead, a weakness in the original process of recordation. The Kuleana Act (cited above) specifically limited native tenant claims to ‘āpana (parcels or lots) of land which they actively cultivated, and on which they resided. Thus, features would occur.
(3) Access:
There are limited references to the native trails (ala hele) or historic “roadways” (e.g. mauka-makai trails, the larger alaloa and Alanui Aupuni) in the documentation provided in the Register and Testimony for claims. This is explained by the fact that trails were integral to residency and subsistence practices and the cultural landscape. The rights of native tenants to access, both within their ahupua‘a and to the larger public byways, are prescribed in both traditional and historic laws. In the case of the mauka-makai trails, the record of land use also tells us that such trails existed in each ahupua‘a. This is substantiated by the descriptions of various kuleana parcels (claimed by individual tenants) that cross several land use and elevational zones (for example near the shore, then on the kula, and in the forest).