Reid Ginoza at 23:54, 16 April 2006

2006-04-16T23:54:38Z

Reid Ginoza at 04:08, 9 March 2006

2006-03-09T04:08:59Z

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labor taxes. Native Hawaiians who had
already left their land were given the
opportunity to return by applying for
any uncultivated lands. The
Constitution of 1840 also provided
that the king could lose no land
-ithouc his consent—an effort to deal
with the fear of alienation of land to
foreigners. However, the constitution
provided that property already held by
foreigners would not be reclaimed by
the crown—an effort to avoid conflict
with foreigners. 18/
The Constitution of 1840 did not
totally put to rest land disputes—
problems and episodes continued. In
1B41, the king announced a plan to
allow island qovernors to enter into
50~year leases with foreigners. 19/
AK chac.jssed below, a large number of
a^tetj were conveyed to foreigners. In
1843, in part because of a lease
dispute, the British warship Carysfort
entered Honolulu, and its captain
took over the government for five
months. 20/ Although Britain
repudiated the captain's action, the
episode was a clear nark of problems
t; come.
The Great Mahele
Because of the increasing pressure
for :hange j.n the land tenure system,
in i845 the l e g i s l a t u r e provided for,
and the king established, a Board of
Land Commissioners. 21/ The
Commission was charged to conduct "the
investigation and final ascertainment
o. rejection of all claims of private
individuals, whether natives or
foreigners, to any landed property
a ij red anterior to the passage of
t h i s tet..." 22/ Existing land law
was to be the basis for i ts
conclusions, including "native usages
in regard to landed tenures." 23/ The
C ir.mission had five members, of whom
two were native Hawaiians, one half-
Hawaiian, and two westerners. 24/
The Commission f i r s t examined
1/ : . i : . .q lots in Honolulu and Lahaina,
since this land was already outside
the t r a d i t i o n a l feudal scheme. 25/ In
determining who was e n t i t l e d to land
in conveying p l o t s , the Commission
s t a t e d that it found "no native rights
of occupancy in this p l o t . " Based on
those awards, the Minister of the
I n t e r i o r was authorized to issue fee
p a t e n t s . A number of land disputes
within the foreign community were thus
resolved. 26/
The next step was the adoption
by the Commission in 1846 of
" P r i n c i p l e s , " r a t i f i e d by the
l e g i s l a t u r e . The Commission's goal
was "total defeudalization and
p a r t i t i o n of undivided i n t e r e s t s . " 27/
The Principles stated:
If the King be disposed
voluntarily to yield to the tenant
a portion of what p r a c t i c e has
given himself, he most assuredly
has a right to do i t ; and should
the King allow to the landlord
one-third, to the tenant one-third
and retain one-third himself, he,
according to the uniform opinion
of the witnesses, would injure no
one unless himself;...According to
t h i s principle, a tract of land
now in the hands of landlord and
occupied by tenants, if all parts
of it were equally valuable, might
be divided into three equal
p a r t s . . . 28/
In fact, no action was taken on
t h i s recommendation, and it was not
adopted as a way to implement the
d i v i s i o n . 29/ The king and chiefs did
not intend to divide the land in •
t h i r d s with the tenants. 30/ The
statement that the land was divided
i n t o three parts—one part to the
king, one part to the chiefs, and one
part to the common people--is wholly
erroneous. 31/
Therefore, how to f u l f i l l the
Principles was debated at lenqth. On
December 18, 1847, a formulation
drafted by westerner J u s t i c e William
Lee was adopted by the king and chiefs
255

@@ Line 5: / Line 5: @@
 Constitution of 1840 also provided
 that the king could lose no land
--ithouc his consent—an effort to deal
+without his consent—an effort to deal
 with the fear of alienation of land to
 foreigners. However, the constitution
@@ Line 11: / Line 11: @@
 foreigners would not be reclaimed by
 the crown—an effort to avoid conflict
-with foreigners. 18/
+with foreigners. <u>18</u>/
 The Constitution of 1840 did not
 totally put to rest land disputes—
 problems and episodes continued. In
-B41, the king announced a plan to
+, the king announced a plan to
-allow island qovernors to enter into
+allow island governors to enter into
-~year leases with foreigners. 19/
+-year leases with foreigners. <u>19</u>/
-AK chac.jssed below, a large number of
+As discussed below, a large number of
-a^tetj were conveyed to foreigners. In
+acres were conveyed to foreigners. In
 , in part because of a lease
-dispute, the British warship Carysfort
+dispute, the British warship <u>Carysfort</u>
 entered Honolulu, and its captain
 took over the government for five
-months. 20/ Although Britain
+months. <u>20</u>/ Although Britain
 repudiated the captain's action, the
-episode was a clear nark of problems
+episode was a clear mark of problems
-t; come.
+to come.
 The Great Mahele
 Because of the increasing pressure
-for :hange j.n the land tenure system,
+for change in the land tenure system,
-in i845 the l e g i s l a t u r e provided for,
+in 1845 the legislature provided for,
 and the king established, a Board of
-Land Commissioners. 21/ The
+Land Commissioners. <u>21</u>/ The
 Commission was charged to conduct "the
 investigation and final ascertainment
-o. rejection of all claims of private
+or rejection of all claims of private
 individuals, whether natives or
 foreigners, to any landed property
-a ij red anterior to the passage of
+acquired anterior to the passage of
-t h i s tet..." 22/ Existing land law
+this act..." <u>22</u>/ Existing land law
-was to be the basis for i ts
+was to be the basis for its
 conclusions, including "native usages
-in regard to landed tenures." 23/ The
+in regard to landed tenures." <u>23</u>/ The
-C ir.mission had five members, of whom
+Commission had five members, of whom
 two were native Hawaiians, one half-
-Hawaiian, and two westerners. 24/
+Hawaiian, and two westerners. <u>24</u>/
-The Commission f i r s t examined
-/ : . i : . .q lots in Honolulu and Lahaina,
+The Commission first examined
 since this land was already outside
-the t r a d i t i o n a l feudal scheme. 25/ In
+the traditional feudal scheme. <u>25</u>/ In
-determining who was e n t i t l e d to land
+determining who was entitled to land
-in conveying p l o t s , the Commission
+in conveying plots, the Commission
-s t a t e d that it found "no native rights
+stated that it found "no native rights
-of occupancy in this p l o t . " Based on
+of occupancy in this plot." Based on
 those awards, the Minister of the
-I n t e r i o r was authorized to issue fee
+Interior was authorized to issue fee
-p a t e n t s . A number of land disputes
+patents. A number of land disputes
 within the foreign community were thus
-resolved. 26/
+resolved. <u>26</u>/
 The next step was the adoption
 by the Commission in 1846 of
-" P r i n c i p l e s , " r a t i f i e d by the
+"Principles," ratified by the
-l e g i s l a t u r e . The Commission's goal
+legislature. The Commission's goal
 was "total defeudalization and
-p a r t i t i o n of undivided i n t e r e s t s . " 27/
+partition of undivided interests. " <u>27</u>/
 The Principles stated:
 If the King be disposed
-voluntarily to yield to the tenant
+: If the King be disposed voluntarily to yield to the tenant a portion of what practice has given himself, he most assuredly has a right to do it; and should the King allow to the landlord one-third, to the tenant one-third and retain one-third himself, he, according to the uniform opinion of the witnesses, would injure no one unless himself;...According to this principle, a tract of land now in the hands of landlord and occupied by tenants, if all parts of it were equally valuable, might be divided into three equal parts... <u>28</u>/
-a portion of what p r a c t i c e has
 In fact, no action was taken on
-t h i s recommendation, and it was not
+this recommendation, and it was not
 adopted as a way to implement the
-d i v i s i o n . 29/ The king and chiefs did
+division. <u>29</u>/ The king and chiefs did
-not intend to divide the land in •
+not intend to divide the land in
-t h i r d s with the tenants. 30/ The
+thirds with the tenants. <u>30</u>/ The
 statement that the land was divided
-i n t o three parts—one part to the
+into three parts—one part to the
 king, one part to the chiefs, and one
 part to the common people--is wholly
-erroneous. 31/
+erroneous. <u>31</u>/
-Therefore, how to f u l f i l l the
+Therefore, how to fulfill the
-Principles was debated at lenqth. On
+Principles was debated at length. On
 December 18, 1847, a formulation
-drafted by westerner J u s t i c e William
+drafted by westerner Justice William
 Lee was adopted by the king and chiefs
+{{p|255}}

Template:Nhsc-v1-255 - Revision history

Reid Ginoza at 23:54, 16 April 2006

Reid Ginoza at 04:08, 9 March 2006