Newspaper Page Text
HONOLULU, JULY 5, 1862.
PUBLISHED WEEKLY AT HONOLULU,
Abraham Fornander, .... Editor.
CHAS. B. BlSOOr.
WM. A. ALDEICH.
BISHOP & CO..
On re In the East caratr fMakre,i Block, em
Kuhanaaa atrrrt, Hemolala.
Draw Bills of Exchange on Messrs. Grinnell, Minturn k Co., New
lork; Henry A. Feirce, fcsq., Boston; and ilessrs.
Morgan, Stone &. Co., San Francisco.
Will receive deposits.
Discount first class business paper,
Attend to collecting, Ac ke. ke. 3-tf
tf. A.. Ullrich. J.S.tfalktr. S.C.lllcn.
ALDRICH, WALKER & Co.,
Importers and Commission Merchants Dealers in General
Merchandise, and Agents lor the bale ot Island Produce.
Agents for the Lihue, Metcalf, and Princevilla Plantations.
JOHN THOMAS WATERHOUSE,
Importer and Dealer in General Merchan
Honolulu. H. I.
His Ex. R. C. TCyllie,
B. F.'Pnow, Esq............
C. A. Williams k Co.,
Chas. Brewer, Esq.,
Wilcox, Richards & Co.,
Pimond k Son.............
Thos. Spencer, Esq.,..
H. Dickinson, Esq., .......
B. Pitman, Esq... ..........
C. W. Brooks c Co.,
G. T. Lawion, Esq., .......
Tobin. Bros, k Co. .......
field & Rice
. do do
. do do
. do do
SBERXAX PECK. CHAS. B. IX5T.
C. BREAVER & CO.
Commission and Shipping Merchants.,
Honolulu, Oabn, II. I.
Jobs M. Hood, New Tork.
James IIvksivill, Esq.,
Chsb4.es Baawaa, Esq., V Boston.
11. A. Piibce, Esq., )
Nikii. McRiEafc Mehbill,
Chas. Wolcott Brooes,
Messrs. Wm. Pistac & Co., Hongkong.
Messrs. Peele. Hdiiiu tc. Co.. Manila.
MELCHERS k CO.,
Importers and Commission Merchants
Stouc Store, Kaahnmana Street, Corner Merchant,
AGENTS FOR THE
Hamburgh-Bremen Fire Insurance Company;
Pioneer Fliiur Mills, San Francisco;
Pale of Asegut tc Roiiihardl's salt beef;
Sale ot sugar, molasses and other Hawaiian produce.
Consignments respectfully solicited, and all orders from the
other islands aad abroad promptly executed.
OUST. C. MELCHERS, Bremen ;
J. D. WICKE, Honolulu;
18-tf F. A. SCHAEFER, Honolulu.
JANION, GREEN & CO.,
Fire Proof Buildings, Queen Street,
HONOLULU. OAIIU. S. 1.
B. F. SNOW,
DEALER IN GENERAL MERCHANDISE,
Honolulu, Oahu, II. I.
H. TOST MOLT, C. TH. HEl'CE.
Von HOLT fe HEUCK,
General Commission Merchants,
Woaotala.OatjB.S. I 35-tf
U. IIA.CKFELI) & CO,
General Commission Agents.
Hosiolnlsi. Oaha, If. I.
IIS'U W. CASTLE. AMOS S. COOKE.
CASTLE & COOKE,
Importers & Wholesale and Retail Dealers
in General Merchandise.
A seat for Dr. Ja.yr'a Medicisieo.
C. BREWER 2d,
General Merchant and Agent for the sale of the products of the
. A. S. GRIIVBAUJI & Co.,
Importers, and Wholesale and Retail Dealers in
FASHIONABLE CLOTHING. HATS, CAPS,
BOOTS and SHOES !
And everr varietv of Gentlemen's superior Furnishing Goods.
Store In Makee's Block , formerly occupied by W. A. Al-
drich, Esq, fronting on Queen street, Honolulu, uann.
DEALER IT! WINES. SPIRITS, ALE & PORTER,
Land Agent to His Majesty.
Ofllct ! the Ki.c'a Garden., Berlli
WHOLESALE DEALER I"
WINES and SPIRITS. ALE and PORTER,
4 rar the PotQee. Hoiololsi. ftf
SADX'Xt H. DOWSETT,
Wai famish Building Material of every description, at low
jy Orders from other Islands solicited. Yard on comer of
Fort and Queen streets. 38 tf
GEORGE G. HOWE.
Lumber ller chant,
Lumber VaH Corner erQieca mm Naaaaa Sta
oa the Paarkard Frraaiar.
UTAI & A II EE,
Agents for the Aiko and Iwo Sugar Plan
tations, Hilo, Hawaii
S3 KING STREET. HONOLULU. tf
C. XI. LEWERS,
Lumber aad Building Materials, Fort St., Honolulu. 14-tf
D. N. FLITNER,
CONTINUES bis old business at the sew store oa
Chronometers Rated by obserratioas of the sua aad
stars with a transit instrument accurately adjusted
to the meridian of Honolulu. Particular attention
given to flae watch repairing. Sextant and Quad
rant glasses silvered and adjusted. Charts aad
Nautical iastruatents constantly oa band and for
Cabinet Mater and French Polisher,
Hotel afreet, opposite the Goreraaea Hoaae
DEALER IS GENERAL MERCHANDISE,
Island Produce, fee, 4c, and. Commission Merchant,
UmOlV'S BAY, IITXO.IX.l.
Wai keep constantly on hand. an extensive assortment of every
ucTw-i inuii oi guuun reuuirea Dy Mnps and others.
O" the highest price paid for Island Produce.
53r Money advanced for Bills of Exchange at reasonable
OFFICE, Southwest corner of Washington and
TIIE UNDERSIGNED ARE PREPARED TO
A. issue "Marine insurance Policies," each being responsible
lor trie sum wriiien on me roncies against Ins own name only,
iuu mr iiiiuscii miu uw lor uwiers or auy oi mem.
Jons Parrott, iJames Dobabce,
Gbokuk C. Johksost, William E. Babros,
N. Lcmso, James Otis,
James I'kklaj, James II. Haggis,
Lafatette Mavkabd, j. Mora Moss.
ALDRICH, WALKER tt CO., Agents,
Honolulu, H. I.
F. S. PRATT & Co.,
Importers and Wholesale Dealers is
WINES, SPIRITS, MALT LIQUORS,
XOSACCO and CIGARS,
HONOLULU, 8. I.
REFER BY rEIiXISSlOX 5 O
Messrs. C. A. Williams k Co., Honolulu.
ilcox, Richards at Co
C. Brewer 2d, Esq.,
A. J. Cartw right, Esq.,. "
J. 1. Kichariis k Soss, Boston, U. S
li. Webster tc Co., San Francisco,
J. Sfaldisg, Esq., Salem, U. 8.
BOOT AND SHOE MANUFACTURER!
Hotel Street, between Kuuanu and Mauna Kea Bis.
WHOLESALE & RETAIL MERCHANT,
Importer of China and other Goods; dealer in Sugars, Molass
es, Coffee, Rice, Fungus, Ac. On King street, next door
to Messrs. Castle k Cook. 4Uy
Chas. F. Guillou, Xtl. D.,
LATE SURGEON' UNITED STATES NAVY
Late Coaaalnr Phyaiciaa to Americma Seasaea.
AND GENERAL PRACTITIONER.
OFFICE corner of Kaaktimanu and Merchant streets
Residence at Dr. Wood's mansion, Hotel street.
33T Office hours from II A. M. to 2 P. M., at other hours
inquire at his residence. SC-tf
R. E. WAKEMAN.
Contractor of Building and Jobbing
ALSO Wheelright, Carriage Making and Repairing.
King street, Honolulu, opposite the City Market.
B. F. EHLERS,
DEALER IX DRY GOODS, SILKS, &c.
FORT 8TREET, HONOLULU. 50y
Painter, Paper-Hanger, &c.
Opposite Lewis k Norton's Cooperage, King St. 50
AltliSZaT & BERRIII,
GEORGE W. MACV,
Will continue the General Merchandise and Shipping busi
ness at the above port, where they are prepared to fur
nish the justly celebrated Kawaihae potatoes, ana sucn
recruits as are required by Whale Ships, at the shortest
notice and oa the must reasonable term. ii
AUCTION & COMMISSION MERCHANT,
AND DEALER IX
GENEBAL lYXERCH ANDISE.
py Ships supplied with Recruits and money advanced on Bills
HILO, Hawaii. 43 y
MARINE INSURANCE COMPANY,
1 Agents 'for the above Company, beg leave to inform the
public that they are now prepared w issue
JIARIXE INSURANCE POLICIES
On cargo, freight and treasure to all parts of the world.
Honolulu, Aug. 21, 1861. I7-tf
fJlUE Cargo of the barkentlne Constitution,'
40.000 feet tongued and grooved Boards,
3i,MK) feet assorted Boards,
100,000 feet assorted Scantling,
7,000 five feet pickets.
50,000 Cedar Shingles.
For sale by
GEO. G. HOWE.
Sisterhood of the Sacred Hearts.
Tort St, near the Catholic Church.
rpilE FOURTH ANNUAL SESSION of thia
L Institution will commence on uSui u, .c.
. i - iliiniuninaliAII will h ,nmit.
loung uaiei oi ecrj itin'"
ted, provided it be previously agreed that they will conform to
the general regulations i mc . .
The course or Education lor omracn wm -""(
. ... s :;.... llni.iitinn A n t h nipt if trnv-
raphy, use of Globes, History (sacred and profane). Chronology,
uLi..i.n LV.n.h inH lnnin Lanruaires. Book-Keep-
i.: u..r rVnr&l'and Instrumental). Drawing, Painting, and all
kinds of Fancy Needle-Work.
The Sisters being aware inaiaii eoucauoo is unimia.' "
knowledge oi me w vi uu, m" -
i i M rt ik. .Aiiirifditt In.trnctinn nf theirCatlio.
' mw icuuiww i s w ..it. -..i,. . -
- .1 ... nAiA;ni in inmilr.&t. in the minds or the
lie pupiis, w iuiwu. uiivu6 -
.r '.. i i .r I'hriiHa. mnri in. The most
Ollttft we p;irci pi iuv.p.t. ; .r ,
conscientious attention will be given to form their manners and
. . a . n J inilnllr.
i train them np to nanus oi orucr, udium
Tlie diet will be wholesome and abundant.
ml - . . . : i . in I, ik. AhiM.t nf nn Lmnt and ma.
ine neaun oi ure iun wn. ... -
teroal solicitude, aad at all times they will be under the immedi-
supenntendance oi tneir icacucrv.
f V. Tl TVT S.
B0ABD ft TTJmOIT, per Quarter of Twelve Weeks, S45.
Musk, Drawing, Painting, German Language, and Artificial
Flowers, will form extra charges.
No extra cnarge ior uie rrencn uuiwt.
Pavments to be made quarterly in advance. Persons residing
a distance are requested to have a responsible agent in the city
NoreductioB made In case of ehUdrea being withdrawn before
the expiraiion of the quarter. .
Tuesdays and Saturdays will ne uie pji" P"'"-
i visit tneir cnuaren. . . .
' . . . ...i. manili th ItnArdera will be al-
Oo the nrsi aiuruiy oi c-t. - - - -
lowed to go out with their parents or guardians, but never with
e ... ... " t..;.n fmm &id Barents or
any other, witnout wnnen - - r - ' .
li;.n. The. must return to the establishment before 6
o'clock, P. the same day. ... .j
Postage, stationery, washing and mending. Doctor s rees ana
medicines, will be chargeable to the parent.
For further particulars, application may be made to fiwr
Maaia Josktba. 7
CHAS. WOLCOTT BROOES, W. FRANK LAPP, KDWAKO F. BALL, JB
CHAS. W. BROOKS & Co.,
12 3 SA3NTSOME St.,
SAN FltAIVCISCO, CAL.
Particular attention given to the purchase, shipment and
sale of Merchandise, to forwarding and transhipment of goods,
the chartering and sale of vessels, the supply-ing of whaleships,
and the negotiation of Exchange.
JKT EXCHANGE OS HONOLULU in sums to suit.
ADVANCES MADE ON CONSIGNMENTS.
B. F. Snow,
C. Brcwib & Co
J. S. Walker, .
H. fl ACKFELD & Co., ,
Hciar A. Pnnci,
Thavkr, Brigram & Fiklo ,
frrros k Co.,
Swirr &. Allkh,
D. C. McRUER, J. C. MERRILL.
McRUER & MERRILL,
1 I a.
AGENTS OF THE
REGULAR DISPATCH LINE
Particular attention paid to forwarding and transhipment of
merchandise, sale of whalemen's bills, and other exchange, in
surance of merchandise and specie under open policies, supply
ing whaleships, chartering ships, etc.
117 and 119 California-street,
SAN FRANCISCO Cat.
Messrs. D. C. Watrrman & Co., . Honolulu
" C Brewer k Co., "
Capt. B. F. Show .
A. P. Everett, Esq.,'
Messrs. GiLMA?f k Co.,....- Lahaina.
B. Pitman, Esq Hilo. 123-tf
A. P. EVERETT,
VICTORIA, V. I.
Messrs. McRitr k Merrill, San Francisco.
" C. W.IIROOK4 tc Co., "
His Ex. IL C. Wtllie Honolulu. U. I.
B. F. Snow, Esq "
Messrs. Alprich, Walker k Co., "
RICE Sc Oo.,
Shipping and Commission Merchants,
SHZF CHATTDTiTITITTiS, &c,
W1L.L. ATTEND TO THE anlea of Mrrchaai-
t V dise, as also to the purchase and shipment of all kinds of
Goods exported from that country. Mr. RICE is the Comuier
cial Agent for the United States at that port, and having already
resided there for about five years, is enabled by his acquaintance
with the country, to offer many advantages in the discharge of
any business that may be entrusted to their House.
Wm. T. Colea k Co., New York,
Johs H. Aldkich, Esq., .. "
I. Howlaso, Jr., It Co., .......New B dford.
Charles Sccdher & Co., Boston.
Alde.i Sampsom, Esq., - -Augusta, Me.
Richard Ii. Rice, Esq
McCosdrt & Co., San Francisco, Cal.
C. Wolcott Brooks it. Co., "
D. C. Waterbas at Co., , ... Honolulu, 8. I.
Aldrich, Walker k Co.,-.........-..................... "
MESSRS. C. A. FLETCHER & CO.
G E N E H A L AGENTS
BEG TO INFORM OWNERS AND MASTERS OF SHIPS
about to visit the port of Uakodadi, that they are prepared
to take Consignments and do business on the nsual terms.
tf By arrangements with Home Insurance Offices, Messrs.
FLETCHER & CO. can take risks on Oil, or other shipments of
Hakodadi, Yesso, Japan. 4th July, 1359. 18 tf
Ronton, U. S. 35 tf
3r Referto R. W. Wood and C. Brbwer 2d.
WM. FAULKNER & SON,
131 SAN SOME ST., SAN FRANCISCO,
t GEVT VOll JAMES CONNER & SONS, lT. S.
XX Type Foundry, and Healers In all kinds of Printing Material.
0- Printers will find it to their advantage to call on us be
ore purchasing. b If
On Sale ;
EX RECENT ARRIVALS!
rpHE FOLLOWING CHOICE ASSORTMENT OF GROCER-
J. IES, at the store of the undersigned :
I ill II II I AIM 1
Preserves Fresh oysters
Fresh apples do lobsters
do quinces Sardines
do peaches, Freich capers
do Pears English pickles
Raspberry jam do pie fruits
Cranberry jam do sauces
Strawberry do, ate, ke, ke. do mustard
Mince meals French mustard
Sweet savory Soap
Summer savory Tins of water, butter, sngar.
Curry powder oyster, soda and wine crack
Ground cassia ers
do black pepper Smoked hams
Whole do do herrings
Pimento Best Oolong tea
Ground cloves Preserved salmon
do ginger Green corn
Cream Tartar Crushed sugar
8, C. Soda Loaf do
Fresh raisins Haxall flour
do currants in tins Ac Ac. Ate.
N.B. Fresh Inland Bailer mmd Groand Coffee
100 BARRELS ONLY ON HAND !
Of the well known
PACKED BY E. KRULL, at Kealia.
For tale by
Yoa HOLT At HECCK.
Corner Fort and Merchant streets.
LL PERSONS ARE HEREBY NOTIFIED THAT TBI
Drivilege of gathering Fulu, rungns ana nrrowrooi uu u
the Government lands on the Island of Hawaii (with tne excep
tion of those lands which may be sold or leased during the eon-
tioaoi tnose lanas wuitn ui -.-.-. - -
tinnaUon of this privilege), has been tlua day granted to Mr C.
u.M:. L. KIMidAHIIiA.
loot Department, 30th July, loss.
BOOK & JOB
BOOK AND JOB PRINTING
VARIETY OF STY.LE,
Executed promptly and neatly
ON THE MOST FAVORABLE TERMS.
WE HAVE A MOST VARIED
assortment of material appertaining to a complete
Printing Office, and we would particularly call the attention of
our friends and the public generally, to our large
and beautiful assortment of Plain, Orna
mental and Illuminated
And Plain and Fancy NOTE and other Papers, which those
desiring a really good article, neatly printed, are
especially invited to call and examine.
POSTEKS, , BLANKS,
BILL HEADS, j BILLS LADING,
CONSULAR BLANKS.'BLANK RECEIPTS,
In fact, any kind of Printing, either Plain or Ornamental, on
any quality of Stock that may be desired, on terms as rea
sonable and in a style equal to anything ever executed
in Honolulu. Our specimen books are open to the
inspection of the Public, who are respectfully
invited to call and examine
JttrN. B. All kinds of FANCY PRINTING in Colors and
in Bronze, done with care and in a style not to be surpassed
on' these Islands.
JUST RECEIVES !
jm BEST FAMILY COTTONS;
American Prints (asst'd patterns.)
Ladies Congress Boots,
" Huff do,
" Jenny Lind do,
P. R. Denims,
Extra heavy Tickings,
Black and colored Silk Velvets,
Ladies' and Gent's Linen and Silk Handkerchiefs,
Sup'r assortment of Neck Ties,
American Saddles and Bridles, Ac , Ac.
50 tf A. S. CLEG HORN.
Boots and Shoes.
OF BEST German ami French manufacture,
oent'a calf Boots.
" Riding Boots,
" calf Shoes, different patterns and make,
" " Congress Gaiters,
" " Elastic Ties,
" Patent Leather do do,
" Lasting Gaiters,
XT Strong and comfortable Boots and Shoes for mechanics.
For sale by 33 Vox HOLT k II fcXCK.
HAIKU SUGAR COMPANY!
The undersigned offer for sale the
Snunr and Molasses!
Of their FIRST CROP, now coin
ED. HOFFSCULAKUER it STAPENHORST,
Agents H. 8. CO.
Sugar and Molasses!
FROM the Llhae Plantation. For fair by
ALDRICH, WALKER A. Co.
March 2S, 1562. j
Peanut Oil! Peanut Oil!
rTHIIS Oil. ran be nsrri for any kind nf Lamp,
X burns with a white and brilliant light, and emits no smoke.
In quantities to suit for sale at MELCUER.S k CO.
AND FOR SALE BY THE I XDKHSHiXF.D,
Dr. S. P. Townsend's Compound Fluid Extract or SarsK.
11a. f:S tfj JAMON GREEN k CO.
Firewood ! Firewood 2 2
"'OR. SALE at very reasonable rates, at
1 47 MELCHERS A. Co.
WHEREAS THE UNDERSIGNED HAS BEEN INFORMED on
good authority that great irregularity exists in the taking
and killing of the wild cattle on the mountains on Hawaii, be
longing to His Majesty and to the Government, by parties who
claim or pretend to claim right under bills of sale from His Maj
esty or from the Government, and whereas, from the nature of
the country and other causes it is almost impossible to place
agents to guard the interests of His Majesty and of the Govern
nient, and whereas all parties having legal claims 03 the said
wild cattle have already had time sufficient, if they have used
lue diligence to remove the same :
Now therefore, the undersigned hereby gives notice to all par
ties who purchased wild cattle running on the mountains on Ha
waii, previous to the 1st day of January lS57,to remove the same
if not already removed, on or before the 1st day of May next,
alter which time, parties taking wild cattle will be prosecuted
Interior Office, t L. KAMEUAMEHA.
Jan. 24, f 44-tf
THE UNiIrraiXNesl br le interns their frienda
that Iliev have established a branch of their house at VIC
TORIA, V. L, under the management of Mr. Henry Rhodes and
under the style of JAMON at GREEN, for Uie transaction of a
general Commission business. Particular attention will be piad
to consignments of Sandwich Island produce.
4a.uv.i, u m. vvr.
Honolulu, May 10, IS59. i-tf
SlI'REME COURT In Eqallv.
L. Keelikolani vs. Jakes Robinson.
CniEF Jcsticb Allen delivered his decision as fol
The Mil and an?wer in this case have been so fully
set forth in the decision, which has hitherto been given
by the Court on a demurrer to the bill, that I regard
it unnecessary to present them in full agin, and will
only refer to them in discussing the positions taken by
The execution of the agreement of the 11th January,
1827, by and between Kalaimoku and the respondent,
which is set forth in the bill, is admitted ; and further,
that the resrondent, in pursuance of said agreement,
entered into possession of the premises as tenant in
common with Kalaimoku, and has continued to occupy
a portion of the premises till the time of filing the
amended bill, and avers that the other portion has been
taken possession of by the Governor of Oaha for the
use and benefit of the Hawaiian Government.
It is specifically alleged in the bill, that the respon
dent presented to the Board of Land Commission, a
claim based on the agreement of the 11th January,
1827, in which he set forth that he was deprivel of a
portion of the land supposed to be included in snid
agreement, and that His Excellency Mataio Keknanaoa,
acting for the heir of Kalaimoku, having agreed to
add to the portion described in said bill as part No. 1,
that portion described as p 1 rt 2, that said Board con
firmed the claimant, the present respondent, his heirs,
executors, administrators and assigns, in the same
rights and privileges, in the lot commonly called the
IVint," and now including the additional piece under
part No. 2, as they are designated in the survey set
forth in the bill, as were granted in the original agree
ment and given in full in the award, and subject, at
the same time, to the same rules and conditions as are
therein contained ; that the agreement was confirmed
by the Board in its application to the claim as present
ed. It is alleged that the agreement, by which part 2d
was substituted for whatever ground may have been
taken from that included in the agreement of the 11th
January aforesaid, was made during the year 1851,
and that in pursuance thereof, the respondent entered
up"n the second part, and continued to occupy the
same till the day of the filing the bill, and has received
lare sums of money and profits for the use and occu
pation of lots No. 1 and 2.
The counsel for the respondent says " that they ad
mit the presentation of the claim based on the agree
ment, jind that the Board made an award ;"' and they
set forth all the proceedings had therein, but deny en
tering into any agreement with Kalaimoku or his heirs,
other than the original one dated 1827, in relation to
the premises described therein.
It appears by the award and by all the testimony
having reference to it, that it was claimed and rendered
by virtue of this agreement. It further appears that
the present respondent claimed an equivalent, on ac
count of some infraction of the origin il agreement,
which caused a long suspension of the case. At length
there was a final settlement by mutual concession, sat
isfactory to both parties concerned the representative
of the grantor, M. Kekuauaoa, with the approval nf
the Hawaiian Government, consented to an addition of
a piece of ground to the original lot, in lieu of the al
leged deprivation ; and there appearing no counter
claimant, this modification of the agreement was made.
Whereupon, the Board confirmed the respondent, his
heirs, executors, administrators and assigns in the
same rights and privileges in the lot commonly called
the ' Point," and now including the additional piece
undt-r part 2, as they are both designated in their
metes and bounds by a survey of T. Meta-tlt' as were
granted in the original agreement, and subject to the
same rules and conditions as are therein contained ;
and that said instrument is confirmed by this Board in
full application to the present claim, and correctly de
scribed in the surveys of part 1 and 2, as set forth in
It is admitted that all the claim the respondent bad
to present to the Land Commission, was based on the
agreement of Kalaimoku ; and it is equally clear that
he made an effort to obtain an equivalent for the por
tion of land which had been added to the Fort. This
caused some delay in the proceedings ; but at length
an agreement was made by the representative of the
grantor, Kekiumaoa, with the cousent of the Hawaiian
Government, that a piece of ground, which is calied
part No. 2, should be lidded to the original lot, in lieu
of the alleged deprivation ; and the award was made
accordingly. It is alleged in the award that " obstruc
tions to a final settlement were removed by mutual
concession, satisfactory to both parties concerned."
Who were these parties, but the claimant for the award
under the agreement, the present respondent, and M.
Kekuanaoa, the representative of the heirs if the
What moved the Board to include in an award to the
claimant a piece of land not included in the original
agreement, unless it was to satisfy him for the piece of
which the parties to the original agreement had been
deprived ? Is it not equally clear that he compltined
of the heirs of Kalaimoku, and claimed that they
should make an equivalent to him for the iujury he bad
suffered by the loss of a piece of the land included in
the origin il agreement? Unless there was a clear un
derstanding between those parties, why was it that the
Board declared in their award that the terms and con
ditions of the agreement should apply to lot 2, as well
as to the original lot called by them lot 1 ? It is in evi
dence that on the fourteenth day of June, 180, an
agreement was made and executed by and between
John Ii, the guardian of John Pitt Kinau, the son and
heir of Leleiohoku, and Keelikolani, his mother, and
the widow of Leleiohoku, for a settlement and divUion
of their respective interests in the real property of said
estate, in which the widow relinquished her right of
dower in certain lands therein specified, one of which
is that part of Pakaka in the possession of the respon
dent, makai of the stone wall." The consideration
for this relinquishment of dower was that she should
enjoy the entire use of certain other lands during her
lite, one of which is that part of Pakaka situated mauka
of the " stone wall." At that time the guardian of the
minor was authorized by law to make the agreement.
It appears in evidence that M. Kekuanaoa is the
father of complainant, who was then a widow of Leleio
hoku. and who held No. 2 as an allotment of dower,
and that she was the mother of John Pitt Kinau, who
claimed to be the heir of the rights of bis father Leleio
hoku. in lot 1, called the "Point," end in the agree
ment with thecluimant before the Land Commission.
It is reasonable to suppose that M. Kekuanaoa would
have represented his daughter and her son before the
Board to make the best efforts in his power to repair
any injury which had arisen to the parties to the origi
nal agreement, by being deprived of apart of the King's
wharf. By those who claimed to have inherited all the
rights that Kalaimoku had in the King's wharf, and
by virtue of the original agreement, this consideration
was given, and a modification was made in the agree
ment, in the nature of an additional article. It is very
evident that the award of lot No. 2 was made expressly
on the surrender of the claim of Keelikolani, and as the
Board say, in lien of whit had been taken from the
original lot as described in the agreement All the
rights which the respondent asserted before the Land
Commission, were derived from the agreement with
Kalaimoku for lot 1 ; and the agreement made before
the Land Commission with his representatives for lot
It is further alleged in the bill, that Kalaimoku died
in October, 1827, leaving as his sole heir bis son Le
leiohoku, who inherited the property described there
in ; and that be was acknowledged to be the heir by
the King, and was treated and considered as the in
heritor of the said property, by the respondent. The
respondent admits that he did regard Leleiohoku as
hiving the inheritance as alleged ; but avers that he
has good reason now to believe that he may have been
in error in so treating and considering said Leleiohoku,
as he has been informed, and verily believes, that ano
ther than Leleiohoku, claimed to be the heir of Kalaio
inoko, to whom was granted the entire charge of his
estate after his decease, in the presence and with the
approval of bis late Majesty Kamehnmeha III.
The counsel for the respondent say. that the first
material allegation in the bill which they deny, except
what is not refuted by all the prvceedings of the Board
of Land Commission, is, that Kalaimoku deceased, leav
ing Leleiohoku his sole heir. They admit that it is
provid that Leleiohoku was the only son of Klaimoku,
by his acknowledgment, and by common repute, and
that if there was a law regulating the descent of an an
cestor's estate to his son, or child cf his body, to the ex
clusion of all others, Leleiohoku has been proved to be
the heir of his father's estate still they insist that there
was no certain Jind rttie of the descent of property, and
that the Court can not administer justice except oa
fixed rules. The Court have hitherto examined this
question, and while they have given an opinion that
there was a common law of inheritance, liable to be
modified or defeated, but perf ctly good until such an
event ; at the same time they expressed a willingness
to hear testimony upon the subject of the descent of the
property, at a period belore there was any written law.
lit the declaration of principles made by the Board
of Commissioners to quiet land titles, they declare in
substance, that when the Islands were conquered by
Kamehameha I., he followed the example of his prede
cessors, and divided the lands among his warrior chiefs,
retaining a portion in bis own bands, to be cultivated
and managed by his own immediate servants or attend
ants. Each princip d chief divided his lands anew, and
gave them to an inferior order of chiefs, by whom they
were subdivided again and again. All those persons
were considered to have rights in the lands, or in the
productions of them. These rights were not clearly de
fined, but were nevertheless universally acknowledged.
It is expressly declared that the superior always had
the power, at pleasure, to dispossess his inferior, but it
was not considered just and riht to do it without cause,
and dispossession did not often take place, except on
the decease of one of the landlords, when changes were
oftentimes numerous, aud the rights of heirs and ten
ants comparatively disregarded, for the purpose of fa
voring a new class of persons.
Kan aina testifies that he is about fifty-eight years of
age, and that he was acquainted with Kalaimoku, and
that he was one of the chief councillors of Kameharae
ha I. on important matters reliting to the Kingdom,
and subsequently of Kaahumanu, and that he was next
in authority to Kaahumanu. This was daring the
minority of Kamehameha III. He says, further, iu
those days the property went to the children I un
derstand, on the death of a chief, his children became
his heirs ; if he had no children, it went to the heirs of
his brothers and sisters. It was so in 1827 ;
the year the original agreement was executed. The
King would not refuse when the chiefs met and said,
that is the child, or these are the children of the de
ceased, the King consented, as a matter of course."
He says further, ' that property was divided ns the
testator wished it ; that the King would distribute it
according to the wish of the testators." Dr. J add, who
has been a resident of these Islands since 1828, testifies
that there was no positive rule regulating the descent of
property, but generally the party claiming to be heir
Judge Andrews testifies : " There was something in
practice culled common law, in relation to the disposal
of property, but that it was not observed." H e says,
The children would divide the property, unless some
one wanted it, and went to the Konohiki and asked for
it." He says, If the heir wanted it, and the chief did
not object, he got it." He says, ' I do not recollect an
instance where the whole of a high chiefs property
went to his heir, but the heir would get a good portion
of it." Some other witnesses testified on the same sub
ject, and I regard them all as confirming the position
which the Court have hitherto taken, that the children
were regarded as the rightful heirs, liable to be defeat
ed by will, and by persons of superior authority and
power; but iu the absence of these, the children en
tered into possession, and enjoyed all the rights of the
f nher. Heirs were recognized by the agreement it
self ; by the earliest written laws ; ana by the princi
ples adopted by the Land Commission. Af er a thor
ough examination of many persons perfectly acquainted
with the ancient usages of the country, in relation to
those who were vested with rights in the lands, the
Board refer in terms to the rights of heirs, as well as of
The analogy of this system tT tenure is very strik
ing to that of the f udal system, which has prevailed in
Europe, the theory of which was that all ppiperty in
land was originally in the King or Chief who governed
the country ; that it was grunted to his followers fot
services rendered and to be rendered, but the superior
theoretically retained the title in the land itself. There
was the lord and vassal, and were similar in relation to
each other to that which existed here. The chiefs here
gave certain rights and privileges in lands which were
granted to them by the King, to chiefs of lower grades,
and so in England the tenure was not limited to the
paramount lord and vassal, but it extended to those to
whom such toss! may have divided his own lands, and
they became his vassals ; so that he became a mesne
lord between his vassals aud the lord paramount.
Heirship was a provision in that code. The right of
primogeniture was derived from the martial policy of
the system. It had, like the system in every country,
provisions of inheritance peculiar to itself ; such for
ex itn pie as the total exclusion of females, which is in
contrast to the Hawaiian. Chancellor Kent says that :
" The transmission of property by hereditary descent,
from the parent to his children, is the dictate of the
natural affections ; and Dr. Taylor holds it to be the
general direction of Providence."
Immediately on the death of Kalaimoku, his son,
Leleiohoku, by his guardian, designated by his father,
claimed the heirship of the property, was recognized as
such by the respondent during his life, which was a
period of more than twenty years. The heirship was
asserted and recognized, and against those rights no
claim or interference was made. So far as a single in
stance aids iu the proof of a general us ige, this is very
strong, from the fact that the respondent was from time
to time paying the proportion t Kalaimoku's interest
for the use and occupation of the King's wharf, accord
ing to the agreement, to bis son, who was regarded as
the heir. By the evidence given, by the history of the
times, and by the resolutions adopted by the Board of
Commissioners to quiet land titles, it is very evident
that the rights of heirs were disregarded to a greater
or less extent, for the purposes of rendering aid to fa
vorites, but when their inheritance was regarded, and
they enjoyed its fruits for a time, which b sufficient to
give a title to property by an adverse possession, it
would seem to be a Lite day for a Court, governed by
laws regulating descent of property to children, should
so fir disregard a law based upon principles of natural
justice, and defeat a right which, in the darkest days
of the reudal system, was held sacred by the King, and
eirnestly contended for by many of the chiefs of that
The Court have already ruled that a parry cannot
contest the title under which he holds an estate. The
same principle applies to the heir when the lessor dies
during the term, unless deprived of possession derived
from bis lessor by a paramount title. Iu this ease it is
admitted that the respondent has enjoyed uninterrupted
possession of the property, excepting that portion of the
original lot taken for the enlargement of the Fort, in
lieu of which lot 2 was appropriated and confirmed by
the Land Commission. If the claim was for rents and
profits of that portion of the King's wharf of which he
bad been ousted by superior force, the Court would not
regard it as valid ; bat by the force of the agreement
clearly and distinctly made before the Board of the
Land Commission, by virtue of which, as well as by the
original agreement, a valuable award was made, I am
of opinion, that for lots No. 1 and 2 as surveyed, and
upon wh the award was made, the respondent should
account to the beir for No. 2 with as much reason as
for No. 1. Indeed, so far as the rights of the beir are
cone -rned, it was a clear and distinct recognition of his
rights, under the old agreement, and the additional ar
ticle to said agreement was made with the representa
tive of the beir himself, and his mother, who held a life
estite in lot No. 2.
It is further claimed that Kalaimoku made a will.
and that the King approved it, and that by so doing his
property became vested in aoother than the chud of bis
Kanaina states : " Upon the death of Kalaimoku
" the chiefs met ; my wife, who was a chjefess, being
" one, I was present, but not one taking a part. They
" consulted about the property of Kalaimoku. . It was
44 proposed to make over the property of Kalaim ku to
the King, but Naihi and iloapiii opposed it, and said,
we have children of our owu,' that is ' nmko ' have
children, and then it w is decided, and Kaahumanu
and Kanikeouli agreed to it, that this property should
" be made over to KekauonohL It was made over to
4 KekauonohL This consultation was at an old stone