Punawaiola

January 21, 2019: Ke Kula Kaiāpuni o Kahuku

Kākau ʻia e Liʻi Nāhiwa

I ka lā ʻumi kumamāono o kēia mahina nei, i wehe ʻia aʻela ka ʻAhaʻōlelo o ka Mokuʻāina ʻo Hawaiʻi nei ma ke Kapikala ʻo Honolulu. I ia lā nui nō i ʻākoakoa ai ka poʻe haumāna o nā ʻano kula like ʻole o Kākuhihewa nei. ʻO Ke Kula Kaiāpuni o Kahuku kekahi o ia mau kula i hōʻea mua ai i Aliʻiōlani Hale, kahi i hoʻokipa ʻia e Polopeka Avis Kuʻuipoleialoha Pōʻai me nā haumāna makeʻe ʻōlelo makuahine o ka ʻāina aloha, ʻo Liʻi Nāhiwa lāua me Kaulu Luʻuwai. Ua kau aʻela ka wena o ke ao ʻōlinolino i ka home o ka ʻAhaʻōlelo mua loa o Hawaiʻi Aupuni, kahi i kau ai nā maka o ka poʻe uʻi e ake ana i ka nani akamai o ko kākou poʻe kūpuna o ʻĀinaʻike. He leo mahalo kēia iā Kaʻumealani Walk lāua ʻo Kauʻi Kaina, ʻo nā kumu hoʻi i waele i ke ala i hōʻea kino ai nā uʻi o Koʻolauloa.

January 17, 1893: Overthrow of the Kingdom of Hawaiʻi

The overthrow of Hawaiʻi’s last reigning monarch, Lydia Lili‘u Loloku Walania Wewehi Kamaka‘eha, took place 126 years ago on January 17, 1893. Queen Liliʻuokalani’s motto was tied to the Hawaiian word, ʻonipaʻa, which means, “Fixed, immovable, motionless, steadfast, established, firm, resolute, determined.” In her book, Hawaii’s Story by Hawaii’s Queen, Liliʻuokalani wrote:

He will keep His promise, and will listen to the voices of His Hawaiian children lamenting for their homes. It is for them that I would give the last drop of my blood; it is for them that I would spend, nay, am spending, everything belonging to me.

(available on Punawaiola, Kahn Collection – General History, Liliuokalani, Hawaii’s Story by Hawaii’s Queen (1898), English, 5/106). Queen Liliʻuokalani’s enduring strength continues to inspire her people today. E onipaʻa kākou. For today’s post, we wanted to share just some of the records that may be found on Punawaiola that relate to the overthrow.  In particular, it is interesting to see, from a non-native perspective, how events surrounding the 1893 illegal overthrow of the Hawaiian Kingdom government, and the subsequent acquisition of Hawaiʻi by the United States were construed. One such example of this perspective may be found in the first listed item below, which is a publication containing a collection of letters published in the Honolulu Bulletin in 1893. At issue is Mr. Theo. H. Davies’ question regarding the “constitutionality of annexation.” As explained by Mr. C.J. Lyons, “No one at this end of the line pretends that the revolution of January, 1893, was constitutional. Revolutions are never constitutional.” Another example may be found in Krout’s book below in which she states, “When I visited the Islands first, in 1893, I went prejudiced in favour of the natives, deeply sympathising with them because they had been dispossessed of their lawful possessions. A careful and conscientious study of the situation on the spot led me to change my views absolutely, and I perceived that whatever had been done had been done of necessity . . . .”

• Theo. H. Davies, Final Correspondence Resulting from the Open Letter Addressed to the Honolulu Bulletin (Nov. 9, 1893), 20/13
• Theo. H. Davies, Letters upon the Political Crisis in Hawaii (Jan. 1894-Feb. 1894), 20/16
• Editorial, “An Accurate Version of Historical Truths,” Revised and Reprinted from “The Independent” (Jan. 7, 1897), 20/1
• Bureau of the American Republics, Hawaii: Handbook No. 85 (Aug. 1897), 5/60
• J.A. Gillis, The Hawaiian Incident, An Examination of Mr. Cleveland’s Attitude Toward the Revolution of 1893 (1897), 5/54
• Mary H. Krout, Hawaii and a Revolution: the Personal Experiences of a Newspaper Correspondent in the Sandwich Islands during the Crisis of 1893 and Subsequently (1898), 5/95
• Edmund J. Carpenter, America in Hawaii, A History of United States Influence in the Hawaiian Islands (1899), 5/25

 

January 16, 2019: Rally at the Capitol

Aloha kākou! Please be advised of the following upcoming event, “Aloha ʻĀina Ma Uka to Ma Kai, Rally at the Capitol.” According to event coordinators, “In conjunction with Kuʻi 2019, Hawaiian cultural practitioners, protectors of Ka Pae ‘Āina o Hawai’i, farmers, fisherman, musicians, students and scholars will be rallying at the Hawai’i State Capitol to raise awareness and provide education on the need to protect our Hawaiian cultural and natural resources, sacred places (like Mauna Kea), and public lands for future generations.” For UH Mānoa students, a shuttle will be provided.  Please see the flyer below for more information.

January 8, 1839: Letter from Kauikeaouli to John C. Jones

John Coffin Jones Jr., also known as Aluli, was the appointed U.S. Agent for Commerce and Seaman in Hawaiʻi since 1820. Jones was often involved in contentious business matters, but towards the latter part of the 1830s, his personal life became a matter of notoriety and public spectacle. As the letter authored by Kauikeaouli below indicates, Jones was removed from his long-term position on grounds of bigamy. Jones first married Hannah Jones Davis, widow of his partner, William Heath Davis Sr., in 1823.  Apparently, Jones continued to live with Hannah, but also lived with Lahilahi Marin, the daughter of Don Francisco Marin. He purportedly had children with both women. In 1838, while in California, Jones married Manuela Carrillo and deserted Hannah and Lahilahi. Upon his return to Honolulu, Jones introduced Manuela as his wife. Thereafter, Hannah petitioned the Hawaiian Government for a divorce on grounds of bigamy. In the previous blog post, John Papa ʻĪʻī wrote a letter to Captain Grimes about Aluli (Jones) and his wife. A few days later, this letter was written by Kauikeaouli. A transcript of this letter is provided below. Na John C. Jones Ua loihi kou noho kanakele ana ma keia pae aina me ka ae aku o koo nei poe alii. Ua hoino pinepine mai nei oe ia makou, a i keia wa iho nei ua mare papalua oe i ka wahine. Ia oe i hookolokoloiaʻi, hoino hou mai oe i oʻu mau alii. Nolaila, ke hoole aku nei au ia oe, aole au e ike hou aku ia oe he kanakele no Amerika huipuia. No koʻu manao ana i na lii o kou aina a no koʻu manao ana iaʻu iho, ke hana nei au i keia mea. Lahaina Ianuari 8, 1839. Na kau ke alii i kona inoa.

January 3, 1832: Regarding Bachelot’s Houses

Oʻahu residents might recognize the name Bachelot from the road that intersects with Kuakini Medical Center. Not many realize, however, that the name is directly tied to a nineteenth century incident that resulted in French and British naval warships imposing a blockade on Honolulu harbor. In 1827, Roman Catholic Priest Alexis Bachelot led the first mission to the Hawaiian Kingdom. Upon his arrival, he soon realized that the Hawaiian government was hostile towards Catholic missionaries.  Bachelot stayed for a few years before being deported by Kaʻahumanu, the kuhina nui (regent). Bachelot returned in 1837 after the death of Kaʻahumanu. However, shortly after Bachelot’s arrival, Kauikeaouli summarily had him removed and confined to a ship for several months. See Blog Posting (http://blog.hawaii.edu/punawaiola/2018/10/23/%ca%bbokatoba-23-he-mea-hoike-i-ka-kapena-beleker-hana-ana/#more-844).  The long-term impacts from this incident were dramatically displayed two years later in the Laplace Affair. See Blog Posting (http://blog.hawaii.edu/punawaiola/2018/07/16/iulai-12-17-ku%ca%bbikahi-me-farani-kuikahi-e-hooki-i-ke-kaua/). In a letter authored by F. Giraeid (partially obscured) dated January 3, 1832, it discloses a conversation with Bachelot regarding the care of his houses. A portion of this letter is provided below, followed by a transcription. This is to certify that Mr. Bachelot in a conversation with me when I was in Oahu told me if the Government of Oahu should send him away he would go to California so as to be near those islands, that he should leave his houses in the care of the carpenter as he expected to return at a future period in case circumstances turned out to his liking. F. Giraeid Kauai Jan. 3 1832.

January 3, 1839: Letter from John Papa ʻĪʻī to Captain Grimes

In a previous blog post, we celebrated Justice John Papa ʻĪʻī’s birth.  ʻĪʻī first served in the household of Kamehameha I as an attendant in 1810. He later went on to become a prominent member of the Privy Council and the House of Nobles. He also served as superintendent of schools on Oʻahu, and treasurer for the Kingdom. On January 15, 1848, ʻĪʻī was named the second associate justice of the Hawaiʻi Superior Court. He then served as second associate justice of the Hawaiʻi Supreme Court from December 6, 1852 – February 16, 1864. In a letter authored by ʻĪʻī below dated January 3, 1839, he questions Captain Grimes about certain statements that Grimes purportedly made to Aluli (John Coffin Jones Jr.). A transcription of this short letter is provided below, followed by a translation completed by the Hawaiʻi State Archives. Aloha Kapena Grimes Aloha oe Kapena Garime

Ianuari 3, 1839

Aloha oe Kapena Garaime Ke ninau aku nei au ia oe no kuu lohe, ua ao aku ka oe ia Aluli ^ i ka wa ma Paniolo i ka pono ole o kona lawe [obscured] i ka wahine maanei, he oiaio paha ia aole paha, e hoike mai oe. Aloha olua Nau John Ii Oe wale no ke nana a o kau wahine pau e kiala(?) aku i keia pepa

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January 1, 1829: Regarding the Brig – Ennore

In a previous post, we discussed Boki (Kamāʻuleʻule), a noted chief during the reigns of both King Kamehameha I and Kauikeaouli (Kamehameha II). Boki was frequently involved with various mercantile and shipping business ventures.  Prior to his departure on the ill-fated voyage in 1829 that claimed more than four hundred lives, Boki had “fitted out and dispatched the brigs Ainoa [known as Ennore by foreigners] and Kamehameha to Manilla and Canton in charge of the chief Manuia. Among the articles sent to the Chinese market in this venture were about a thousand seal skins and five or six hundred piculs of sandalwood.” Thirty-Seventh Annual Report of the Hawaiian Historical Society for the Year 1928 20 (1929) (available online). While in Canton, the brig Ennore was sold at auction on January 1, 1829. Below is an excerpt from the account sheet describing the transaction. Account Sales Charge and Net Proceeds of the Brig Ennore [Ainoa]. Sold this day at Public Auction by Markurich & Lane on account of the Sandwich Island Government by Order of General Manuia, their representative here, Macao, Jan. 1, 1829. 1829 Jan. of 1st Sold this day to Antonio Francisco Batalha – the Brig Ennore with all her flores . . . . .  $1560- –Charges– Printing 200. Advertisments . . . .$6:- Boat hire sending advertisements to Linten and Macao . . . .2:

December 10-12: #ANZLHS2018

By: A. Kuuipoleialoha Poai

Aloha and greetings from the University of Wollongong in Australia. I am here to present at the 37th Annual Conference of the Australian and New Zealand Law and History Society.  As an invited guest, I would first like to extend my appreciation to the Dharawal nation and Wodi Wodi people—the original inhabitants of this land. Indigenous sovereignty was never ceded and I pay my respect to their elders, past, present and emerging.

The conference was entitled, “Exclusion, Confinement, Dispossession: Uneven Citizenship and Spaces of Sovereignty.” Audra Simpson provided the keynote, “Savage States: Settler Governance in an Age of Sorrow.” We also were blessed to have a plenary session entitled, “Dreaming Inside: The Black Wallaby Writers’ Creative Writing Program for Indigenous Prisoners.” It was an inspiring talk that allowed us to see how creative expression has been a powerful form of healing for aboriginal prisoners. My conference paper, “Confinement in the Hawaiian Kingdom, Before and After Annexation: Understanding Incarceration Disparities Wrought by Injustice,” provided a demographic profile of the prison and asylum population during the Kingdom of Hawaiʻi, from approximately 1866–1902. By examining prison records, asylum records, original case files, and government reports, I attempt to answer the following questions.  To what extent did Hawaiʻi’s prison and asylum population resemble the wider population of the Kingdom, and it what ways did it differ? What was the national origin of those inmates? What types of incarceration-specific characteristics do we see at various times in history? Were there any changes in Hawaiʻi’s incarcerated population subsequent to contemporary policy and legal changes that were implemented? Prior to annexation, in comparison with the general population, Hawaiians were under-represented in both the prison and asylum populations. Indeed, Hawaiians only became over-represented at the turn of the century.  My conference paper provided some possible explanations for these results. Blawg postings will resume next week when I return from Australia. Mahalo for your support!

December 8, 1827: A Proclamation of Laws

Below is an early proclamation known as “He Olelo No Ke Kanawai.” It is dated December 8, 1827 and contains five laws. Another proclamation was published on the same date—however, this version added a sixth law prohibiting adultery. Some historical context for the development of this law may perhaps be gleaned from Levi Chamberlain’s journal. Chamberlain, a missionary, teacher, and agent for the American Board of Commissioners for Foreign Missions, served in Hawaiʻi from 1822 until his death in 1849. Typescripts of his journal are available on the Hawaiʻi Mission Houses digital archives website (Digital Archives – Levi Chamberlain Journal). Below are relevant excerpts discussing the development of this early proclamation.

Saturday December 1st. 1827. The chiefs held a council this afternoon to consult respecting the establishment of some general laws for preventing crimes. They invited the attendance of Mr. Bingham that he might be referred to if any law should be proposed upon which they might have doubts concerning its concistency[sic] with the word of God. The Chiefs spent a considerable time in conversation but did not agree upon anything definitely. It was Kaahumanu’s wish that the law of God should be the ground or basis of whatever might be established for the observation of the people.

See Chamberlain, Levi – Journal Vol. 8 at 21. On December 7, Chamberlain’s journal describes the laws that were established and the corresponding punishment.

Friday 7th. The Chiefs have this day agreed to the establishment of a law relating to murder, theft, adultery or whoredom, selling spirituous liquors & gambling. These five things are prohibited. The first is punishable with death—the second by imprisonment, the third by a fine, the fourth & fifth imprisonment or confinement in irons. To these enactments the king has affixed his signature & sent them to us for publication.

Id. at 22-23. Chamberlain’s journal explains that on December 14, Native Hawaiians were gathered “by order of the chiefs” to “hear the laws read & the chiefs make remarks upon them.” Id. at 25. He also mentions that “there are six laws to be printed all signed by the King three of them are to go into operation three months the others to be read & learned by the people and to be hereafter considered.” Id.

HE OLELO NO KE KANAWAI

KE hai aku nei makou i ka olelo, e hoolohe mai, e ko kela aina, a me ko keia aina, e malama no hoi ko keia aina, a me ko kela aina: o ka mea i lohe i keia mau olelo, e malama ia; aka i malama ole e hewa ia.

I

Ke papa aku nei makou i ka pepehi kanaka; mai pepehi kela aina maenei, mai pepehi keia aina maenei; o ka mea e pepehi maenei, e make ia i ke kaawe ia.

II

Eia ka lua; ke papa aku nei makou i ka aihue; o ka mea e aihue, e paa ia i ka hao.

III

Eia ke kolu; ke papa aku nei makou i ke kuai rama maenei: o ka mea e kuai rama, e paa ia oia i ka hao.

IV

Eia ka ha; ke papa aku nei makou i ka hookamakama: o ka mea e hookamakama, e uku ia oia i ke kala.

V

Eia ke lima: ke papa aku nei makou i ka pili waiwai; o ka mea e pili waiwai, e uku ia oia i ka hao.

KING KAUIKEAOULI

Oahu Honolulu, Dekemaba 8, 1827.

December 6, 1885: Regarding the Reciprocity Treaty

In 1875, Hawaiʻi signed a reciprocity treaty with the United States that allowed certain products, such as sugar, to be imported into the United States without a tariff. See Convention Between the United States and His Majesty the King of the Hawaiian Islands, art. IV, 19 Stat. 625 (1875) (see blog entry, ʻAukake 15:  Kuʻikahi Pānaʻi Like) (reciprocity treaty available on Punawaiola: Treaties U.S. 1874-1875). It also prohibited the kingdom from granting similar privileges, or to permit the leasing of Hawaiian ports and harbors to other nations. On December 6, 1884, the reciprocity treaty was extended but the U.S. Senate added a controversial provision:

Article II. His Majesty the King of the Hawaiian Islands grants to the Government of the United States the exclusive right to enter the harbor of the Pearl River in the Island of Oahu, and to establish and maintain there a coaling and repair station for the use of vessels of the United States, and to that end the United States may improve the entrance to said harbor and do all other things needful to the purpose aforesaid.

See Supplementary Convention Between the United States of America and His Majesty the King of the Hawaiian Islands to Limit the Duration of the Convention Respecting Commercial Reciprocity Concluded January 30, 1875, 25 Stat. 1399 (1884). Below is a draft of the proclamation issued by King Kalakaua regarding the acceptance of the Supplementary Convention with the United States (available in Treaties U.S. 1885).  A transcription follows. [metaslider id=1011] Kalakaua King of the Hawaiian Islands To All to whom these presents shall come Greeting Know ye that whereas a Supplementary Convention to limit the duration of the Convention respecting Commercial Reciprocity between the Hawaiian Kingdom and the United States of America concluded January 30, 1875 was concluded and signed by their respective plenipotentiaries at Washington on the sixth day of December last the original of which Supplementary Convetion is word for word as follows: “Whereas a Convention ste . . (down and including the signatories) Now therefore be it known that I Kalakaua, King of the Hawaiian Islands having seen and considered the said Supplementary Convention do hereby accept confirm and ratify the same every article and Clause thereof. The Testimony Whereof I have caused the seal of the Hawaiian Islands to be hereunto affixed. Given under my hand at the City of Honolulu The 14th day of January in the year of our Lord 1885 Draft Proclamation accepting Supplementary Convention with U.S.A. Jan. 14 1885.

November 30 – December 3, 1829: Regarding Boki’s Expedition (Part 2)

As described in the previous post, Boki decided to embark on a sandalwood expedition to settle the chiefs’ debts. Preparations for two ships, the Kamehameha and the Keokoʻi (also known as Karemoku or Kalaimoku) commenced. The directions to the commander of the Keokoʻi were set forth in a letter signed by Boki and Kauikeaouli. It directed the ship to go to “certain islands” and “prevail on the inhabitants to Except[sic] of our protection by them taking the oath of alegiance[sic] and allowing our colours to be hoisted and for them to concider[sic] themselves under our protection . . . .” In short, this letter indicates that this was not a mere expedition—but rather a voyage of conquest. The Kamehameha and Keokoʻi set sail on December 3, 1829. See Samuel M. Kamakau, No ka Noho alii ana o Kauikeaouli ma luna o ke Aupuni, a ua Kapa ia o Kamehameha III, Kūʻokoʻa (Jul. 18, 1868) reprinted in Ke Aupuni Mōʻī 59 (2001). Four clergymen and more than four-hundred people were on board for this voyage. See Sheldon Dibble, Ka Mooolelo Hawaii 116 (1838) (“O ka poe i holo aku eha haneri paha lakou a keu aku. . . . Eha mea ekalesia i holo pu aku me lakou.”). Noted historian Samuel Kamakau described the final moments when the ship left:

I ka lā 3 o Dēkēmaba, ʻo ka makahiki 1829, eʻe akula ʻo Manuia a me Kaʻupena, kāna wahine, ma luna o ka moku Keōkoʻi, a eʻe pū akula me nā kānaka i hiki aku ka nui i ka ʻelua haneri. Hoʻopuka akula ka moku i ka nuku o Māmala, a hālāwai akula me ka moku Kamehameha. Hāʻawi maila i kona aloha hope, ma ka hāʻawi aloha ʻana mai i ka ʻāina ma ke kī pū ʻana mai.

On December 3, 1829, Manuia and his wife Ka-ʻupena went on board the ship Ke-o-koʻi with two hundred others. They sailed out to Mamala to join the Kamehameha, and a final shot was fired as their last salute to the land they were leaving.

See Kamakau, Ke Aupuni Mōʻī, at 59; Samuel M. Kamakau, Ruling Chiefs of Hawaii 295 (Mary Kawena Pukui et al. trans., Kamehameha Schools Press 1961. A few months later, the Keokoʻi returned to Honolulu with its flag at half-mast—only twelve Hawaiians and eight foreigners had returned.  M. Puakea Nogelmeier, Boki: The Challenges of a Ruling Chief 26 (n.d.) (unpublished M.A. thesis, University of Hawaiʻi at Mānoa) (on file at Mānoa’s ScholarSpace). The Kamehameha had failed to reach its intended destination and it was believed to have been entirely destroyed in a severe storm. Id. Moreover, those on board the Keokoʻi had suffered from fever and disease and over 180 people had died. In short, the expedition was an unmitigated failure. As described by Dr. Puakea Nogelmeier, “The immediate outcome was the loss of almost five hundred men of Hawaiʻi, most of them Hawaiians . . . . the dead and missing included the choicest and finest of Oʻahu’s young men. Ten percent of the sojourners had been chiefs.” Id. at 28. The great loss of life dealt a huge blow to the kingdom. It is said that the mourning went on for days. Id. However, the kingdom also suffered the great loss of Boki, a celebrated chief, and “staunch supporter of his people and his nation.” Id.

November 30 – December 3, 1829: Regarding Boki’s Expedition (Part 1)

Boki (Kamāʻuleʻule) was a noted chief during the reigns of both King Kamehameha I and Kauikeaouli (Kamehameha II). As explained by Dr. Puakea Nogelmeier, from 1825 to 1829, Boki was known as a formidable political and economic figure of singular importance in the Hawaiian Islands. M. Puakea Nogelmeier, Boki: The Challenges of a Ruling Chief 1 (n.d.) (unpublished M.A. thesis, University of Hawaiʻi at Mānoa) (on file at Mānoa’s ScholarSpace).  Boki acted as a “counterpoint to the rapidly growing influence of American missionaries in Hawaiian government and society. His cultural conservatism, his ties to the British and his involvement in trade placed him in conflict with his fellow chiefs’ growing acceptance of puritan Christianity.” Id.

Boki was selected by Kamehameha in 1816 to serve as a royal governor of the island of Oʻahu.  Id. at 2. He was described as a chief of great ability, even-tempered (id.) and being the “boldest [amongst the chiefs] in his efforts at trade” (Id. at 13). However, Boki was also a reputed gambler who had purportedly incurred substantial debt. As such, he perhaps sought to redeem his fortunes by embarking on an expedition to search for sandalwood in the southwest Pacific. Boki announced the reasoning behind his departure as follows:

Ku mai la o Poki, hai mai la i kona manao, penei, “Auhea oukou e na hooikaika, e hoolohe mai oukou i koʻu manao. Ua ike oukou i koʻu hewa he nui, ua ku koʻu pilau mai Hawaii a Kauai, he nui koʻu hewa, aole na hai mai, naʻu no. Eia wau ke hele nei, aole nae wau e hele ana ma ke kolohe ma ka pono no. Ke hele nei wau no ka aie a ke aliʻi, aole he hele kolohe kaʻu.”

See Sheldon Dibble, Ka Mooolelo Hawaii 115 (1838). In this passage, Boki explained that he was embarking on this journey not for an unprincipled reason, but, rather, for an honorable purpose: to settle the chiefs’ debts. Below is an agreement, dated November 30, 1829, that provides some details about this expedition. Boki, Kauikeaouli, and Captain Blakesley are listed as signatories. The contract specified that Blakesley would be paid $4,500 if the expedition was successful and nothing if it failed. The agreement directed Blakesley to take the culled sandalwood to Canton. A transcription of this agreement may be found below. Oahu Nov. 30th 1829 To all whom it may concern be it known that S. Thomas Bleakesley [Blakesley] have by these presents agreed and do hereby agree to proceed to Certain Islands for Sandlewood[sic][.] King Kauikouli and Govornor[sic] Boki agree to allow me a remuneration of four thousand five hundred dollars, in the event of failure on my part, I hereby relinquish all claims to remuneration. Should however that I succeed on obtaining the object in pursuit I also bind myself to proceed to Canton in the same brig that I undertake to navigate for a compensation of the monthly wages that may be agreed on by the owner and master of said vessell[sic] and from there back to the Sandwich Islands[.] I do further bind my self and avow that Sandlewood may be [sat?] sufficient to render a profit to the undertakers. Signed Sealed And Delivered in presents of Eugene Sullivan(?) J. Mitchener /s/ Tamehameha 3rd /s/ Governer[sic] Boki /s/ Tho Blakesley

November 30, 1863: Death of Kamehameha IV

King Alexander Liholiho died at the early age of 29 on November 30, 1863. He reigned as the fourth king of the Kingdom of Hawaiʻi from January 11, 1855 to November 30, 1863. His father was Mataio Kekūanāoʻa, Royal Governor of Oʻahu and his mother was Elizabeth Kīnaʻu the Kuhina Nui or Prime Minister of the Kingdom. He was also the grandson of Kamehameha I.  While he still quite young, Liholiho was  adopted by King Kauikeaouli, the third ruling monarch of the Hawaiian Kingdom. Unfortunately, Kamehameha IV died without a will. Thus, the legal status of the King’s lands were not judicially determined until 1864. His widow, Queen Emma claimed “her intestate share of one-half of the King’s Lands and rights of dower in the remaining half.” See Melody Kapilialoha MacKenzie, Historical Background, in Native Hawaiian Law:  A Treatise 18 (Melody Kapilialoha MacKenzie et al. eds., 2015). The Hawaiʻi Supreme Court determined that the King’s land should descend to the successors of the throne–not the heirs of the king. Estate of Kamehameha IV, 2 Haw. 715 (1864). Below are the minutes from the Privy Council which formally approved the proclamation announcing the death of King Kamehameha IV (available in Privy Council Minutes 1859-1872, Hawaiian and English). A transcription follows.

[metaslider id=958]

In the Reign of Kamehameha V Privy Council November 30th 1863.

Privy Council Met at 11 o’clock. A.M. Present Her Royal Highness Princess V.R. Kaahumanu Presiding Chancellor E.H. Allen His Excellency R.C. Wyllie “” C.G. Hopkins “” M.Kekuanaoa Honorable P. Kanoa Hon. G.M. Robertson ” W. Webster ” J. Ii ” C. Kapaakea ” C. Bishop D. Kalakaua Secretary

Prayers read. The certificate of the death of His Late Majesty King Kamehameha IV was read and ordered to be placed on records of the Council which reads as follows. To the Kuhina Nui. in Privy Council The undersigned beg to Announce to Your Royal Highness, that His Majesty Kamehameha The Fourth, deceased, at the Palace, at Honolulu, this Morning at a quarter past nine ʻoʻclock, Monday November 30th 1863. (signed) Robert McKibbin M.D.D. ” Robert “” Jun. M.D. ” J.N. Staley. D.D. Bishop of Honolulu ” D. Kalakaua. On H.H.M. Staff ” R.C. Wyllie. Minister of Foreign Affairs The following Proclamation was then submitted to the Council and on the motion of Mr Wyllie seconded by Mr Allen was unanimously passed. Proclamation. It having pleased Almighty God to close the earthly career of King Kamehameha IV at a quater[sic] past nine, oʻclock this Morning, I as Kuhina Nui, by and with the Advice of the Privy Council of State; hereby Proclaim Prince Lot Kamehameha King of the Hawaiian Islands, under the style and title of Kamehameha the V.

God preserve the King.

Given at the Palace this 30th day of November 1863*. (Signed.) Kaahumanu. Adjourned.  

November 28, 2018: Independence Day (Hawaiʻi State Archives)

The Department of Accounting and General Services posted the following important announcement regarding Lā Kūʻokoa:

On November 28, 2018, the Hawaiʻi State Archives, a division of the Department of Accounting and General Services, in lieu of normal business hours, will be open to the public from 1:00-3:00pm at the Kekāuluohi Building on the ʻIolani Palace Grounds. As part of the “Year of the Hawaiian”, this exhibition of original documents and artifacts is themed Celebrating the diplomatic history of the Hawaiian Kingdom in recognition of the 175th Anniversary of the signing of the Anglo-French Declaration on November 28, 1843. This declaration acknowledged the Hawaiian Kingdom as a diplomatic equal to the world powers of the time with a “government capable of providing for the regularity of its relations with foreign nations.” With this recognition foreign relations blossomed, international treaties were signed, and over 110 Hawaiian Kingdom consulates were opened around the world.

Highlights of the original records and artifacts that will be on display include:

• The Journal of Diplomatic Mission to Europe, 1842-44, that resulted in the Anglo-French Declaration of 1843
• Hawaiʻi’s copy of the Anglo-French Declaration
• Proclamation of Neutrality, 1854 by the Hawaiian Kingdom regarding the ongoing Crimean War that laid the foundation for the development of international laws on state neutrality
• Original documents showcasing how the event, Lā Kūʻokoʻa, was celebrated throughout various years
• International Treaties signed with Great Britain, Japan and Italy
• Original Diplomatic Seals from the Hawaiian Kingdom consulates aboard
• Correspondence between the Hawaiian Ministers’ of Foreign Affairs and the Hawaiian Kingdom consulates

Schedule of events:

11:45am-12:45pm	Lecture on Timoteo Haʻalilio in Kanaʻina Building, one of three Hawaiian Kingdom delegates who negotiated with European powers to achieve this historic recognition.
12:45pm-1:00pm	Walk to Pohukaina to pay our respects
1:00pm-3:00pm	Hawaiʻi State Archives Open House

   

November 28, 1843: Independence Day

During the kingdom era, Lā Kūʻokoʻa, or Independence Day, was a former national holiday celebrated on November 28 to commemorate the signing of the Anglo-Franco Proclamation. This document recognized the independence and sovereignty of the Hawaiian nation by Great Britain and France. Two major historical events led to this proclamation. As explained in a previous blog posting, in 1839, Captain Laplace arrived in Hawaiʻi under orders to put an end to the persecution of Catholics in the Hawaiian Kingdom. This event, known as the Laplace Affair, resulted in Kauikeaouli being forced to issue the Edict of Toleration on July 17, 1839.  The kingdom paid $20,000 as compensation and as a guarantee of their “future conduct towards France.” Kauikeaouli, anticipating future diplomatic issues with foreign nations, dispatched a delegation to the United States and Europe to secure recognition of Hawaiʻi’s sovereign independence. Unfortunately, while the delegation was away, Lord George Paulet, captain of HMS Carysfort arrived in Hawaiʻi, and acting without authority, unilaterally seized the kingdom.  On July 31, 1843, Rear Admiral Richard Thomas of the British Navy ended five months of occupation in Hawaiʻi. The national celebration of Lā Hoʻihoʻi Ea, or Sovereignty Restoration Day, was established to commemorate this momentous occasion. See previous blog postings: Iulai 31: “Mele Hoihouana,” Iulai 31: “Lā Hoʻihoʻi Ea,” Iulai 31: “He Olelo Lokomaikai,” Iulai 29: “Leka a Peirce a me Brewer iā Kauikeaouli.” A few months later, the British and French governments formally recognized the Hawaiian Kingdom’s independence in a joint declaration signed by Lord Aberdeen and the Comte de Saint-Aulare, representatives of Queen Victoria and King Louis-Phillippe.  A transcription of the English declaration is provided below.

Declaration

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty, the King of the French, taking into consideration the existence in the Sandwich Islands of a Government capable of providing for the regularity of its relations with Foreign Nations, have thought it right to engage, reciprocally to consider the Sandwich Islands as an Independent State, and never to take possession neither directly or under the Title of Protectorate, or under any other form, of any part of the Teritory [sic] of which they are composed. The undersigned, Her Britannic Majesty’s Principal Secretary of State for Foreign Affairs, and the Ambassador Extraordinary, of His Majesty, the King of the French, at the Court of London, being furnished with the necessary powers, hereby declare, in consequence, that their said Majesties take reciprocally that engagement. In witness whereof, the undersigned have signed the present declaration and have affixed thereto the Seals of their Arms. Done in duplicate, at London, the twentyeighth day of November, in the year of Our Lord, one thousand eight hundred and forty three. Signed Aberdeen L.S.

November 26, 1838: Proclamation Regarding the Impecunious

Below is a proclamation issued by Kauikeaouli on November 26, 1838 providing direction for Native Hawaiians who lacked money. The tasks assigned to men, women, girls and boys are different. For example, men are directed to cut stone, make lime, cut wood, and labor in the cane field.  In contrast, women are directed to braid mats and hats, sew hats and kapa. Girls were expected to work with women, and boys with men.  Below is a transcription of the proclamation.

Honolulu, Nov. 26, 1838.

he olelo no na mea dala ole

Ina i nele ke kanaka i ke dala maoli i keia makahiki, elua dala a ke kanaka hookahi e hanaʻi ma ka hana, eia na mea e hana ai ka poe dala ole. O ka pohaku kalai. O ka puna. O ka wahie. O ka mala ko. O ka hana no i manaoia e loaa mai ana ke dala mahope aku. E like nae ka hana a ka mea hookahi, me ke ano o na dala elua. O na wahine i nele, ua dala okoa. O na kamalii wahine i nele, ua hapalua. Eia ka lakou mau hana. O ka ulana moena, ie papale, humu papale, a me ke kapa, pau paha, a haawi mai. Ma ke ana hoi o ke dala okoa a me ka hapalua ka hana anaʻku. Pela no hoi i na kamalii kane i hapalua. Ma ka hana a na kane paha lakou.

KAMEHAMEHA III.

November 21, 1829: Letter from Captain Finch to Kauikeaouli

Captain W. B. Finch of the USS Vincennes departed for the Pacific on September 3, 1826.  Thomas Truxtun Moebs, America’s Naval Heritage: A Catalog of Early Imprints from the Navy Department Library 104 (2000). It returned on June 8, 1830, successfully completing the first circumnavigation of the globe by a U.S. warship. Id. Upon Finch’s arrival to Hawaiʻi, he paid a diplomatic visit to King Kauikeaouli. He presented gifts to the king and communicated a letter written in English and Hawaiian. See Foreign Office & Executive – Chronological File, 1790 – 1849 1829 Nov 21. In that letter, Finch made a number of suggestions to the king, including to consider promulgating laws in consultation with all of the foreign residents with whom he had confidence. He further suggested that Kauikeaouli conduct a semi-annual or annual meeting of the great chiefs, to attend to state affairs. Id. The letter also stresses the importance of learning the English language. A side-by-side presentation of this portion of the letter is provided below. [metaslider id=957]

O kahi o kou aina ma ka honua, he wahi maikai no ia, aole ike pono ia ka pono nui o ia wahi ma ia hope aku, i keia makahiki aku, a i kela makahiki aku mahuahua ka maopopo ia oe ka pono o kou wahi, no laila ke olelo hou aku nei au ia oe e ao oe i ka olelo English, malaila weheia ke kula nui loa o ka ike, a i ko hana pono ana me ia naauao, e hookumu oe i inoa kaulana, aole e make i ka wa e pau ai ko Hawaii nei pae aina.

The geographical position of your inheritance is so peculiarly favorable that no one can foresee the degree of importance it is to attain; every year its additional consequence will be apparent to you; therefore I again repeat, acquire the English language, which will open an unlimited field of knowledge to you; in the right use of which, you may found a name more imperishable and enduring than the Islands of Hawaii.

November 18, 1917: The Funeral of Queen Liliʻuokalani

Queen Liliʻuokalani, the Hawaiian Kingdom’s last reigning monarch, passed away on November 11, 1917 and her state funeral was held a week later on November 18. See Waiho o Liliuokalani i ka Moe Mau Loa, Nupepa Kuokoa, (Nov. 23, 1917) (available online). The legal disputes that followed were not resolved until 1923—nearly six years after Lili‘uokalani’s death. See Avis Kuuipoleialoha Poai & Susan Serrano, Aliʻi Trusts: Native Hawaiian Charitable Trusts 1197 (Melody Kapilialoha MacKenzie et al. eds., 2015) (providing legal history for contentious circumstances surrounding the creation of Liliʻuokalani’s estate). Fulfilling the traditional role of the Hawaiian aliʻi, Liliʻuokalani designed a trust with the well-being of her people in mind. It was her way to continue to serve her people in perpetuity. The trust that she established was for the benefit of orphans and other destitute Hawaiian children. Id. at 1196. Section VII of the Queen’s Deed of Trust, dated December 2, 1909, states in pertinent part:

From and after the death of the Grantor, all of the property of the trust estate, both principal and income, which shall not be required for any of the special provisions or payments in this instrument before mentioned, shall be used by the Trustees for the benefit of orphan children in the Hawaiian Islands, the preference to be given to Hawaiian children of pure or part aboriginal blood.

(See Deed of Trust of Liliuokalani (Dec. 2, 1909), microformed on Liber 319, 447–59 (Hawai‘i Bureau of Conveyances). Sadly, numerous lawsuits were filed challenging this trust. Famously, her own nephew Prince Jonah Kūhiō Kalanianaʻole sought to dissolve the deed of trust alleging that the queen had been unduly influenced and manipulated. Id. at 1199. Even after Prince Kūhiō’s protracted lawsuit was settled, others filed complaints, including a person claiming to be Liliʻuokalani’s heir. See In re Estate of Liliuokalani, 25 Haw. 127, 128-29 (1919) (dismissing a claim of inheritance brought by Theresa Owana Wilcox Belliveau on the grounds that she could not establish her genealogical relationship to the queen). The will was finally admitted to probate in 1923. Id. at 1200. Today, the primary focus of the Queen Lili‘uokalani Trust is to assist orphans, children who have lost one or both parents to death, and destitute children, defined as any child in financial, educational, or cultural need. Id. The Queen Lili‘uokalani Children’s Center (QLCC) is the culmination of the trustees’ efforts to establish an institution for the benefit of these Native Hawaiian children.

November 16, 1836: Treaty with Britain (Māhele 3)

As described in a previous blog posting, Commander Edward Russell of the H.M.S. Actaeon secured an agreement at gunpoint which permitted British residents to settle on land obtained with the king’s consent. The Hawaiian and English versions of this controversial treaty were provided in previous blog postings (Māhele 1 and Māhele 2). In the record provided below, it lists the names of those who witnessed the treaty between the Hawaiian and British governments. A transcription follows. Ua lohe makou i ka ae ana a ke Kanikele ame ka Haku i kekahi manao maloko oka olelo hoolike e ko Hawaii nei a me ko Belikania ma ka pauku A. ona olelo hoolike la maka la 16. Nove 16 i ka M. 1836. /s/ [kolamu 1] Keoni ana Keliiahonui Paki Konia Kaeo David Malo Keoni Lui Kauka Jada Kemalani [kolamu 2] Kinimaka Aikanaka Mauliawa Kanaina Kekauluohi Kaahumanu 2 Kauukualii Malie Pili Hoapili Wahine Hoapili Kane  

November 16, 1836: Treaty with Britain (Māhele 2)

As described in a previous blog posting, Commander Edward Russell of the H.M.S. Actaeon secured an agreement at gunpoint which permitted British residents to settle on land obtained with the king’s consent. Below is the Hawaiian text of this controversial treaty (available in Foreign Office & Executive: Chronological File, 1790 – 1849 1836 Nov n.d. 7, 16). In the previous post, the English language version of this treaty is provided. [metaslider id=931] He mau olelo keia i hooponoponoiaʻi a i hoopaaiaʻi ma Honolulu ma ka Moku Oahu i ka la umikumamaono o Novemaba 1836. Pauku 1. E aeia mai ko Enelani mau kanaka e hele mai i ko Hawaii pae aina me ko lakou mau moku a me ko lakou waiwai o kela waiwai o keia waiwai; e aeia mai hoi lakou e noho ilaila, i like no ka loihi o ka manawa e noho pono ai malalo o ke kanawai, a e kukulu hale e noho ai a me na hale e malu ai ko lakou waiwai, ke ae mai ke alii; a e mau ke kuikahi maikai mawaena o na aina o Beretania Nui laua me na aina o Hawaii nei. Pauku 2. He mea pono i na kanaka o Enelani e noho ana ma Hawaii nei e hele i ko lakou aina a i na wahi e ae iluna o ko lakou mau moku a iluna o na moku e paha; e hiki ia lakou ke kuai lilo aku i ko lakou waiwai, na pahale, na hale a me ia mea ae ia mea ae, ke lohe e ke alii, a e lawe pu me lakou i ka dala o ia mau mea, aole mea iki e keakea ai. Aka o ka lepo malalo iho i kukuluiaʻi na hale no ke alii ia, aole nae e hiki i ke alii ke wawahi i na hale a e hana hewa iki i ka waiwai a kekahi kanaka o Berikania. Pauku 3. A i make kekahi kanaka o Enelani ma ko Hawaii pae aina, aole e huliia kona mau waiwai, aole hoi e hoopaia e kekahi o na Kiaaina a me na ʻlii, aka e haawiia i ka lima o na mea ana i kauoha ai a i kona mau hooilina paha ina paha lakou maanei, a i ole ikea ka hooilina a o ka mea i kauohaia ai paha, ilaila e lilo ke Konakele a o kona hope paha i mea nana e hooponopono ma ia mea; a ina he mau aie ku kekahi i ka mea i make aku la e kokua ke Kiaaina o ia wahi a e koi aku, ke hiki ia ia, i na mea aie e hookaa i ko lakou mau aie i ka Hooilina a i ka mea i kauohaiaʻi paha, a i ole ikea ka Hooilina a o ka mea i kauoha i aʻe paha, alaila e ukuiaʻe i ke Konakele. A na ke Konakele e hai aku i ke alii i ka make ana o na kanaka Beritania a pau nona na waiwai e waiho ana ma keia pae aina. /s/Tamehameha 3d /s/ Edward Russell