HWST 362: Pana Oʻahu

The Māhele

The Māhele, sometimes also called "The King's Māhele," "The Great Māhele," or "The Māhele of 1848" is a series of multiple events that have collectively become known as a single phenomenon marking the evolution of land tenure in Hawaiʻi.

Below: Picture of the cover of Buke Māhele. From The Hawaiʻi State Archives.

December 10, 1845: Creation of the Land Commission

Statue enacted, creating "Nā Luna Hoʻonā I Nā Kumu Kuleana ʻĀina" or "Board of Commissioners to Quiet Land Titles." The Land Commission consisted of 5 commissioners, appointed by the mōʻī, "for the investigation and final ascertainment or rejection of all claims of private individuals, whether natives or foreigners, to any landed property acquired anterior [before] to the passage of this act."

As noted by Chinen (1958), "The Land Commission had no authority to create any new interest in land; it was granted only the authority to determine the rights in land existing as of the date of the Act."

Those with claims to interest in lands were required to present their claims to the Land Commission within 2 years after public notice had been published in the newspapers.

Below: Snippet of "Kanawai i Kauia e ka Moi, 1846" p. 84. From Punawaiola.

January 27, 1848 - March 7, 1848: Division of Interests Between the Mōʻī and the Aliʻi + Konohiki

After those historical interests were identified, the mōʻī began to identify future interests. To identify, confirm, and/or remove the interests of the mōʻī in the other lands across the pae ʻāina, Buke Māhele notes the division of interests between the mōʻī, the aliʻi + konohiki, and the aupuni.

On the left-hand pages of Buke Māhele are all of the lands listed for Kamehameha III. On the right-hand pages of Buke Māhele are all of the lands listed for the aliʻi and konohiki. More than 240 aliʻi and konohiki participated in this endeavor. The first division took place on January 27, 1848 between Kamehameha III and Victoria Kamāmalu. The last division took place on March 7, 1848 between Kamehameha III and Enoka.

Below: Māhele between Kamehameha III and Victoria Kamāmalu in Buke Māhele, p. 1-2. From AVA Konohiki.

"Ke ʻae aku nei au i kēia māhele, ua maikaʻi."

After the lands for the mōʻī were listed, the aliʻi and konohiki would acknowledge the removal of their interests in those lands with a statement like: "Ke ʻae aku nei au i kēia māhele, ua maikaʻi. No ka Mōʻī nā ʻāina i kākau ʻia maluna, ma ka ʻaoʻao 1, 3, 5 o kēia Buke, ʻaʻohe kuleana o Victoria Kamāmalu maloko."

Below: Statement from Victoria Kamāmalu's guardians acknowledging the removal of her interests to Kauikeaouli's lands as noted in Buke Māhele, p. 1. From AVA Konohiki.

"Ua ʻae ʻia aku e hiki ke lawe aku imua o ka Poʻe Hoʻonā Kuleana."

After the lands for the aliʻi were listed, the mōʻī would acknowledge the removal of his interests in those lands with a statement like: "Ke ʻae aku nei au i kēia māhele, ua maikaʻi. No Victoria Kamāmalu nā ʻāina i kākau ʻia maluna, ma ka ʻaoʻao 2, 4, 6 o kēia Buke. Ua ʻae ʻia aku e hiki ke lawe aku imua o ka Poʻe Hoʻonā Kuleana."

Below: Statement from Kauikeaouli acknowledging the removal of his interests to Kamāmalu's lands as noted in Buke Māhele, p. 2. From AVA Konohiki.

March 8, 1848: Division of Interests Between the Mōʻī and the Aupuni

At the end of Buke Māhele (p. 178-225), Kauikeaouli lists those lands belonging to him and those belonging to the government. These ʻāina are listed by mokupuni. 

Below: Snippet of māhele activities between Kauikeaouli and the Aupuni, from Buke Māhele p. 204-205. From AVA Konohiki.

March 31, 1847 - March 31, 1855: Board of Land Commissioners Award LCAs

According to Chinen (1958):

The award issued by the Land Commission identified the nature of the title conferred, as being either fee simple or leasehold. And the awards issued during the first few years after the creation of the Land Commission also defined the boundaries of the lands confirmed, the surveys being made at the expense of the successful claimants.

Except for the government's right of commutation [confirmed by a Royal Patent], a Land Commission Award gave complete title to the lands confirmed. ... A Royal Patent issued upon a Land Commission Award did not confer or confirm title. It merely quitclaimed the government's interest in the land. ... Even without a Royal Patent, the recipient of a Land Commission Award was fully able to protect his interests in the lands confirmed to him.

Below: Snippet of LCA 228 for Kalaiheana. From AVA Konohiki.

August 6, 1850: The Legislature Enacts the "Kuleana Act"

Officially titled the "Enactment of Further Principles," the Kuleana Act of 1850 provided another mechanism for makaʻāinana to legally secure title to lands that they worked and lived on.

As described by Van Dyke (2008):

... makaʻāinana were encouraged to file claims with the Land Commission for ʻĀina, but only for the acreage that they were currently cultivating, plus an additional quarter of an acre for a house lot. The process of application was burdensome, and although no commutation fee was required, a claim could be filed only after the claimant arranged and paid for a survey, and after two witnesses had validated the petition. Before confirming the bill on August 6, 1850, the Legislature also provided the makaʻāinana with rights of access, gathering, and resource use in other areas of the Ahupuaʻa.

Below: Snippet of cover of Volume 9 of the Foreign and Native Testimonies. From AVA Konohiki.