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The Legacy of the 1848 Mahele and Kuleana Act of 1850: a Case Study of the La'ie Wai and La'ie Malo'o Ahupua'a, 1846-1930

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The Legacy of the 1848 Mahele and Kuleana Act of 1850: a Case Study of the La'ie Wai and La'ie Malo'o Ahupua'a, 1846-1930 THE LEGACY OF THE 1848 MAHELE AND KULEANA ACT OF 1850: A CASE STUDY OF THE LA'IE WAI AND LA'IE MALO'O AHUPUA'A, 1846-1930 A THESIS SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI'I IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN PACIFIC ISLANDS STUDIES AUGUST 1997 By Jeffrey S. Stover Thesis Committee Terence Wesley-Smith, Chairman David Chappell Marion Kelly We certify that we have read this thesis and that, in our opinion, it is satisfactory in scope and quality as a thesis for the degree of Master of Arts in Pacific Islands Studies. THESIS COMMITTEE II © Copyright 1997 Jeffreyb? Stover 111 ACKNOWLEDGEMENTS Several individuals and organizations assisted me in acquiring information for this thesis. I acknowledge their help and give special thanks to Kirk Henrichsen and Randy Dixon who assisted me in locating materials at the Historical Department of the Church of Jesus Christ of Latter-day Saints. I further acknowledge Hawaii Reserves Incorporated in allowing me to research their records, and the staff at the Hawaii State Archives for their patience and help. I acknowledge and thank the members of this thesis committee who have patiently remained with me during the course of my writing this work. I deeply express my gratitude to my wife, Cristina, whose love, guidance, and support have given me the incentive to finish this study. I dedicate this book to my unborn child in hopes that as he or she grows that he might understand and appreciate the trials and sacrifices that Kanaka Maoli have made in building up the community he calls home. iv ABSTRACT The 1848 Mahele and Kuleana Act of 1850 transformed the Kanaka Maoli land tenure system into one of private ownership. This study examines this transformation at the basic unit of the Kanaka Maoli land tenure system, the ahupua'a. The ahupua'a chosen for this study were La'ie Wai and La'ie Malo'o (La'ie) because they have and continue to be the focus of great controversy in regards to Kanaka Maoli land alienation. Part I of this thesis examines the process of land privatization and its initial effects on the Kanaka Maoli ofLa'ie while Part II examines the history ofLa'ie's Land Commission Awards between 1850-1930. This examination focusses on the legacy of Kanaka Maoli land alienation attributed to the Church ofJesus Christ of Latter-day Saints and Zions Securities Corporation in La'ie. v T ABLE OF CONTENTS Acknowledgements . IV Abstract . V List ofTables . Vlll List of Figures . X Chapter 1: Introduction . I Statement ofProblem . I Scope of Study . 2 Part I . 5 Chapter 2: The Process of Land Privatization . 6 Hereditary Succession and Factors of Change . 8 The Board of Commissioners to Quiet Land Titles . 9 The 1848 Mahele . 11 The Process ofLand Alienation . 12 Kuleana Act of 1850 . 13 The Continued Steps of Alienation . 14 Royal Patents . 16 The Foundation for Continued Alienation . 17 18 Cha~~~~~e i846'-i 848' P~p~l~ti~~ ~i L~'i~ '. '. ~ ::: .' .' '. '. ~ : 19 The First Censuses of Ui'ie . 20 1846-1848 Populations: The Problem With Census Records . 21 Summary of Land Commission Records' Population Analysis . 24 26 Cha;t~~f~e fuiti~I'AI~~~ati~~ ~f "Ai~~ k L~'i~, '1846-i853 .::::::::::::: 27 Non-ClaImants of La Ie . 27 Claimants of Ui'ie Registering Only Claims . 29 Non-Awarded Testimony Claimants ofUi'ie . 30 1. Before Dyi!lg They Gave Up Their Claim to Others . 31 2. Claimed 'Ama of Other Maka'ainana . 32 3. Died Without Heirs . 32 4. Deserted the Claim . 32 5. Failed to Cultivate 'Aina . 32 6.ID'd notTest'fI y t0 'A-'ma m. L-" a Ie .......................... 32 7. Gave up the'Aina . 32 8. Failed to Pay Taxes . 32 9. Failed to Attend Poalima ............................... 33 10. Overlapping Claims ................................. 33 11. Repeated ~laim ......... '. .. '.' ...................... 33 Non-Awarded ClaIms Do Not Equal AlIenatIon . 33 Problems With the Land Commission Awards . 35 Reasons for Discrepancies . 37 Discrepancies Between the Testimonies and Awards . 39 Blanket Objection . 40 Specific Claim Alienation . 40 Miscellaneous . 42 Special Note: Pahale Omissions . 42 43 Cha;t~~fckntifY~gthe'L~d'C~n'I~is~io~'A~~d~ ~ci "Ap~n~'ofL~"i~' '. ~ ~ :: 44 Misreading the mdices ofA wards ..............._.............. 46 Verification ofthe La'ie Land Commission Awards and 'Apana . 48 The Trouble With Ivins' Numbers . 50 Results of The 1931 La'ie Tax Maps Analysis . 51 One Final Attempt . 52 Summary . 55 vi Chapter 6: Conclusions to Part I 57 Part II 59 Chapter 7: The 'Aina ofUi'ie and its].egacy 60 Chapter 8: The History of the Ui'ie 'Aina 64 Ui'ie and the Callto PaIawai, Lana'i 65 The Purchase of La'ie 67 The 'Aina and George Nebeker 70 'Awa and the Kahana Hui, 1873-1878 73 Drought, Rice, and Wells, 1878-1892 75 Mortgaged Foreclosures on the 'Apana ofLa'ie, 1874.:1930 80 The Migration to Iosepa and the. ~ffects on the La'ie 'Apana, 1869-1917 '" 81 ExpansIOn, Wooley, and AcqulSltIOn, 1895-1919 85 Deed Exchanges 88 Fact Versus Legacy 90 Zions Securities Corporation 96 Zions Securities Corporation's Legacy ofAdverse Possession in La'ie 99 Chapter 9: Conclusions 103 AppendIx A: Land Commission Records Analysis for Ui'ie 107 Land Commission Awardees of Ui'ie 108 Non-Awarded Testimony Claimants ofLa'ie 109 Relatives Mentioned in the Testimonies and Awards ofLa'ie 109 La'ie Claimants Registering Only Claims 110 Names Mentioned in Claims ofLa'ie 110 Sun:tmary of Land CO~llI~ission Records' P~,I?ulation Analysis 111 AppendIx B: Land CommIssIon Awardees ofLa Ie 112 Appendix C: Non-Awarded Testimony Claimants of La'ie 115 Appendix D: Pre-1848 Claimants' Rela!!ves ofLa'ie 116 Appendix E: Post-1848 Cultivators of 'Aina in La'ie Mentioned in Testimonies and Awards 117 Appendix F: La'ie Claim@ts Registering Only Claims 118 Appendix G: Pre-1848 'Aina_Cultivators of Ui'ie 119 Appendix H: Objections and 'Aina Alienation 120 Appendix I: Indices of Awards for Ui'ie 122 Appendix J: Nawai's L.c.A. 9894 124 Appendix K: An Analysis ofthe La'ie Tax Maps 125 Analysis ofTax Maps 125 Map 1 127 Map 4 130 Map 5 131 Map 6 133 Map 7 Note 135 Map 8 ~ 135 Special Note: A Duplicated 'Apana 142 Map 9 143 Map 13 145 Map 17 147 Map 7 149 Summary of Analysis _ 152 Appendix L: La'ie Tax MaQs Wihtout 'Apana 153 Appendix M: Location of 'Apana in La'ie .. '-' .......................... 155 Appendix N: La'ie's Previously Unlofated 'Apana 158 Appendix 0: Discrepancie~in La'ie's 'Apana Acreage 159 Append~x P: Acreage.of 'Apana}~ I;a'ie :.: 160 AppendIx Q: Deed HIStOry ofLa Ie s Land CommIssIon Awards 163 Appendix R: Residents of Iosepa, Utah 187 Works Cited 189 vii LIST OF TABLES Table Pa&e 1. The 1831-1832 & 1835-1836 Population of Ui'ie 20 2. Census Data 22 3. The 1846-1848 Estimated Population of Ui'ie 23 4. Derived Populations From 1835-1836 Ratios 25 5. Maka'ainana Losing Interest in 'Aina During Each Stage 27 6. Number of Land Commission Awards and 'Apana in La'ie 45 7. The Unlocated 'Apana of La'ie 52 8. Land Commission Awardees ofLa'ie 112 9. Non-Awarded Testimony Claimants ofLa'ie 115 10. Pre-1848 Claimants' Relatives ofLa'ie 116 11 . Post-1848 Cultivators ofLa'ie Mentioned in Testimonies and Awards ... .. 117 12. Ui'ie Claimants Registering Only Claims 118 13. Pre-1848 'Aina Cultivators ofLa'ie 119 14. Objections and 'Aina Alienation Between Testimonies and Awards 120 15. Indices of Awards for La'ie 122 16. Historical Record ofthe 'Apana in Tax Map 1 ofLa'ie 128 17. Historical Record ofthe 'Apana in Tax Map 4 ofLa'ie 130 18. Historical Record ofthe'Apana in Tax Map 5 ofLa'ie 131 19. Historical Record ofthe'Apana in Tax Map 6 of La'ie 133 20. Historical Record ofthe 'Apana in Tax Map 8 ofLa'ie 137 21. Full Historical Record of the 'Apana in Tax Map 8 of La'ie .. 139 22. Historical Record ofthe 'Apana in Tax Map 9 ofLa'ie 143 23. Historical Record of the 'Apana in Tax Map 13 of La'ie 145 24. Historical Record of the 'Apana in Tax Map 17 ofUi'ie 147 25. Historical Record ofthe 'Apana in Tax Map 7 of La'ie 150 26. Historical Record ofUi'ie Tax Map 2 153 viii 27. Historical Record ofUi'ie Tax Map 3 153 28. Historical Record ofUi'ie Tax Map 10 153 29. Historical Record ofUi'ie Tax Map 11 153 30. Historical Record ofUi'ie Tax Map 12 153 31. Historical Record ofUi'ie Tax Map 14 153 32. Historical Record ofUi'ie Tax Map 15 154 33. Historical Record ofLa'ie Tax Map 16 154 34. LacatIon· 0 f 'A-pana m. L-" a Ie . 155 35. La'ie's Previously Unlocated 'Apana . 157 36. Discrepancies in La'ie's 'Apana Acreage . 159 37. Acreage 0 f 'A-pana m. L-" a Ie . 160 38. Deed History of La'ie's Land Commission Awards . 164 IX LIST OF FIGURES Figure 1. Ui'ie Wai and Ui'ie Ma1o'o Ahupua'a: Ui'ie, Ko'olau1oa, O'ahu 19 2. Nawai's L.c.A. 9894 124 3. Ui'ie's Seventeen Tax Maps 126 4. 'Apana in Annotated Tax Map 1 ofLa'ie 129 5. 'Apana in Annotated Tax Map 4 ofLa'ie 130 6.
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