traditional land tenure relationships before the arrival of westerners and it reviews changes in these relationships brought about by changes in practice and law from 1778 to 1846. The chapter also sets forth the history of the Board of Land Commissioners, established in 1848 to address landholding matters, and the resulting principles that led to the Great Mahele of 1848. The Great Mahele divided the land of the Hawaiian Kingdom among the king, the chiefs, and the commoners, with designated rights. Resulting landholding relationships are described. Also, the chapter outlines subsequent laws, including the Act of 1846 that permitted sales of government lands, the Kuleana Act that provided for acquisition of land by commoners, and patterns of land acquisition by foreigners.
In response to specific questions about land ownership raised during the course of the January 1982 hearings of the Commission, the chapter also analyzes certain issues of concern to native Hawiians. These issues include a description of water and fishpond rights under Hawaiian law. Fishponds remain in private ownership today, while fisheries are in private ownership only to the extent that the owners followed specified procedures to obtain recognition of their rights. Rights to use of water are established by a series of rules unique to Hawaii and closely related to ancient Hawaii land law. Further, the chapter summarizes geothermal and mineral rights under Hawaiian law, and describes the possible effect of geothermal development on traditional native Hawaiian communities. The history of kuleana land rights (rights accorded to commoners to acquire land), including present problems in ownership of these plots, is described. The Hawaiian law of adverse possession—-a legal doctrine that allows persons who have occupied land under certain conditions to claim it for their own--is set forth, and its effect on native Hawaiian landholding rights discussed. Finally, the chapter addresses the necessity of genealogical searches to satisfy land ownership requirements of native Hawaiian landholdings.
"Diplomatic and Congressional History;From Monarchy to Statehood"
This chapter continues on from the history section of Part I. It divides the history of Hawaiian-United States relationships into four sections. The first covers this history from 1875 to 1893. As background, it outlines the events leading to the signing of the Reciprocity Treaty of 1875 between the United States and Hawaii. It also sets forth the relations between the king and certain American advisors who, throughout this period, had a strong influence on Hawaiian policies. The next part of this section encompasses the events from 1881 to 1887, including financial problems in Hawaii and internal political struggles among different American advisors to the crown. The next portion of this section describes the events surrounding the writing of a new constitution in 1887 and the establishment of cabinet government, which subsequently curtailed the power of the king. The period from 1887 to 1893 was marked by efforts of native Hawaiians to take back some of the power that had been removed from them with the formation of a cabinet government. In 1891, King Kalakaua died and Princess Liliuokalani became queen. The final part of this section covers the efforts of the queen to take back authority for the crown and annexation movements during this same period, leading to the sequence of events that resulted in the overthrow of the monarchy.