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Wolfpack903

Joined 22 October 2009

Older username: Ucla9030

This user participates in
WikiProject Hawaiʻi.

Radiocarbon Dating in Hawai'i Discovery and Settlement of Hawaii



NOTES

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Kalakaua 1874-1891

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Main article: Kalākaua

Only 9 days after Lunalilo died, the Legislature, which was composed primarily of Hawaiians, convened a new ruler. When Kalakaua won by a vote of 39 to 6 over Queen Emma, her supporters stormed the courthouse and attacked Kalakaua's supporters killing a legislator.[1] Within minutes of the resulting chaos American and British troops on ships in Honolulu came ashore to halt the disorder.[1] David Kalakaua was then inaugurated to the throne in 1874 and was the last reigning king of the Kingdom of Hawaii til 1891.

In 1874 through 1875, Kalākaua traveled to the United States for a state visit to Washington DC to help gain support for a new treaty.[2][3] Congress agreed to the Reciprocity Treaty of 1875 for seven years in exchange for Ford Island.[4][5] After the treaty, sugar production expanded from 12,000 acres (4,900 ha) of farm land to 125,000 acres (51,000 ha) in 1891.[6] At the end of the seven-year reciprocity agreement, the United States showed little interest in renewal.[4]

Opium Bribery Case

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Kalākaua's reign was characterized with accusations of widespread corruption,[7] bribes, abuses of power,[1] substantial debt, lawlessness and extravagance. The state funeral of Princess Likelike in 1887 was the most elaborate and costly public event during the reign of King Kalākaua with none of the spending was approved by the legislature pursuant to the law.[8] In 1886 the legislature provided a single vending license for the legal distribution of opium. During the year Chinese sugar planters bribed the King for an opium license. When one of them sued, his cabinet went to Kalākaua and he admitted receiving the $75,000, albeit claiming it was a gift. His cabinet convinced him to settle to avoid further publicity. On October 31, 1886 the cabinet was informed the king's estate was already $250,000 in debt. Kalākaua assigned his private estates and crown land revenues to trustees to pay the claims on a pro rata basis.[9]

Constitution of 1887 the "Bayonet Constitution"

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Main articles: Hawaiian Rebellions (1887–95) and 1887 Constitution of the Kingdom of Hawaii

During the spring of 1887 a group of Honolulu businessmen incensed with the King's veto power and actions of premier (Walter M. Gibson) in relation to the bribery scandal held a mass meeting on June 30, 1887. During the meeting reforms were presented and then submitted to the king. Including dismissing his cabinet, he would not violate the cabinets constitutional authority, and that Gibson be dismissed.[10] The meeting was attended by the volunteer militia the Honolulu rifles. With weapons present the implication was an armed revolt. The Hawaiian Army, the King's Guards stood down and the King agreed to their demands the next day. A new constitution was written on July 6, 1887.[11] Kalākaua was forced to dismiss his cabinet ministers and sign a new constitution which greatly lessened his power. It would become known as the "Bayonet Constitution" due to the threat of force.[12]

 
Lorrin Thurston, Minister of the Interior (Hawaii)

The Bayonet Constitution allowed the monarch to appoint cabinet ministers, but had stripped him of the power to dismiss them without approval from the Legislature.[11]: 152  Eligibility to vote for the House of Nobles was also altered, stipulating that both candidates and voters were now required to own property valuing at least three thousand dollars, or have an annual income of no less than six hundred dollars a year.[13] This resulted in disenfranchising two thirds of the native Hawaiians as well as other ethnic groups who had previously held the right to vote but were no longer able to meet the new voting requirements.[14] This new constitution benefited the white, foreign plantation owners.[15] With the legislature now responsible for naturalizing citizens, Americans and Europeans could retain their home country citizenship and vote as citizens of the kingdom.[16] Along with voting privileges, Americans could now run for office and still retain their American citizenship, something not afforded in any other nation of the world[17] and even allowed Americans to vote without becoming naturalized.[18] Asian immigrants were completely shut out and were no longer able to acquire citizenship or vote at all.[19]

Wilcox Rebellion of 1888

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ʻIolani Barracks, 2007

The Wilcox Rebellion of 1888 was a plot to overthrow King David Kalākaua, king of Hawaii, and replace him with his sister in a coup d'état in response to increased political tension between the legislature and the king after the 1887 constitution. Kalākaua's sister, Princess Liliʻuokalani and wife, Queen Kapiolani returned from Queen Victoria's Golden Jubilee immediately after news reached them in Great Britain.[20]

Kalākaua's distant cousin, a native Hawaiian officer and veteran of the Italian military, Robert William Wilcox returned to Hawaii at about the same time as Liliʻuokalani[21] in October 1887 when the funding for his study program stopped when the new constitution was signed. Wilcox, Charles B. Wilson, Princess Liliʻuokalani, and Sam Nowlein plotted to overthrow King Kalākaua to replace him with his sister, Liliʻuokalani. They had 300 Hawaiian conspirators hidden in Iolani Barracks and an alliance with the Royal Guard, but the plot was accidentally discovered in January 1888, less than 48 hours before the revolt would have been initiated.[22] No one was prosecuted but Wilcox was exiled. So on February 11, 1888 Wilcox left Hawaii for San Francisco, intending to return to Italy with his wife.

Princess Liliʻuokalani was offered the throne several times by the Missionary Party who had forced the Bayonet Constitution on her brother, but she believed she would become a powerless figurehead like her brother and rejected the offers outright.[23]

 
King David Kalākaua

When Kalākaua died in 1891, his sister Liliʻuokalani ascended the throne. Queen Liliʻuokalani called her brother's reign "a golden age materially for Hawaii".[24]



Transitions in Kingdom of Hawaii

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Population[25]
Year Population Notes
1000 to 1219[26]. 100's Radiocarbon dating shows rapid colonization from East Polynesia around 1219-1266 to Hawaiin archipelagos [27]
1219-1450 up to 150,000 Population Explosion
1450-1778 110,000 to 160,000 Equilibrium Phase, period marked by large stable population, where declines followed by growth.
1778 110,000 to 150,000 Radiocarbon dating collected from major islands except Ni'ihau and Lana'i[28]
1805 112,000 to 150,000
1831 130,313 First reliable census is taken 1831-1832.
1835 108,579 Second missionary census is taken 1835-1836:
1850 82,000
1853 73,134
1872 56,897
1878 57,985
1884 80,578
1890 89,990
1900 154,001 About 25% Hawaiian/part-Hawaiian; 40% Japanese; 16% Chinese; 12% Portuguese; and about 5% other Caucasian

Depopulation of the Kingdom

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Economic and demographic factors in the 19th century reshaped the islands.

Diseases

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With unfamiliar diseases such as leprosy, called ma'i pake or Chinese disease, yellow fever, introduction of alcohol, and emigration off the islands natives numbers fell from around 110,000 in 1778 to 71,000 by 1853.

Whaling Industry

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Between 1820 and 1845 American Commercial involvement in Hawai'i surged and so did the whaling industry. Between the first few ships in 1819 by the 1840's there some 400-500 ships which made semi-annual visits to the islands on their way back to New England Ports for provisions, recreation and labor. [29]. For instance a Census of 1840 in Nantucket, Massachusetts which was a center of whaling ships, indicates 793 Native Hawaiians had emigrated there alone.[30]. It is estimated that approximately a third of all Hawaiians emigrated off the islands during this time period in pursuit of western professions and money.

Emigration Outlawed

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By 1850 to combat the increasing emigration the King Kamehameha IV prohibited further emigration.

Population

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With fewer natives to work on the sugar plantations and the rapid depopulation from emigration on ships and whalers recruiters started to fan out across Asia and Europe for more male labor. As a result, between 1850 and 1900 some 200,000 contract laborers from China, Japan, Korea, Philippines, Portugal, Germany, Norway and elsewhere came to Hawaii under contracts. This greatly diversified the islands. While most left the sugar plantations on schedule, mostly to California as Hawaii was viewed by migrants as a place to earn money rather than settle and raise families (there was only 1 Chinese women per 17 Chinese males[31].

In response to the rising immigration, King Kamehameha V in 1864, especially since the Chinese brought leprosy with them, the King established the Board of Immigration to control the importation of foreign labor, although criticized that Chinese male labors were treated like slaves and whipped, the Hawaiian government asserted that the primary purpose was population reinforcement of the labor force to combat high mortality and depopulation off the islands.[32]. However by 1881 they were prohibiting immigration of Chinese men all together for a period because of mistreatment and exploitation of Chinese labor.[33].

However there were still large numbers of Chinese and Japanese stayed after their contracts ended creating a small China town in Honolulu; by 1893 Chinese and Japanese male workers represented 51.9% of the population.[34]. By 1900 once Hawaii was annexed federal law applied and prohibited further Chinese immigration altogether. Then came Koreans until 1905, and by 1908 in total 180,000 Japanese had workers arrived. By 1908 though no more Japanese were allowed in, but 50,000 remained permanently.[35][36]. However records from 1852 to 1875 indicate that in total 56,720 Chinese arrived during that time period, however there were thousands of duplicates in the number of arrivals records because of re-entry of those who had left the islands and returned.[37]. The first US census in 1900 put the population of Chinese at 22,296 men and 3,471 females.[38].

Transition from Feudalism to Property Rights

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With the rise of Kamehameha II and his successors they slowly passed laws and stopped the practice of redistributing land to reflect the new economy and to avoid further civil wars among Chiefs. The Law of 1825 specifically allowed Chiefs to keep their land once a King passed away, whereas before the land was redistributed whenever a king of chief died (which would serve as an incentive for civil war to then redistribute lands to the Chiefs followers). [39]. Before then land ownership was akin to a feudal system with the major difference that commoners were free to abandon the land. However with commoners abandoning their land and moving to the booming towns of Honolulu and Lahaina and avoiding paying taxes; the Constitution of 1840 made abandoning such land illegal without cause. Those who had already left their land could apply to the governor or king for new lands; however they could not sell without the King's consent (to prevent alienation to foreigners). [40].

In 1843 in response to a lease dispute, involving the British Consul, Richard Charlton the British warship Carysfort entered Honolulu and its Captain took over the Hawaiian government for five months until the British government repudiated their actions and ordered them to leave. [41] This would be later known as the Paulet Affair (1843).

Era of the Mahele

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By 1845, the land tenure system could neither maintain itself in the face of a hostile foreign world nor accommodate itself to the wishes of that world. The government's response to these problems was The Land Commission. The Commission did not act on the bulk of Hawaiian land held by the King and his Court. Instead it focused its immediate attention on building lots in Honolulu and Lahaina since this land had already left the feudal production scheme.[42] The Commission likewise issued land patents based upon their awards. Ultimately the Commission was thus able to resolve a number of land disputes which had developed with the foreign community.[43] In 1846, the Commission adopted Principles, ratified by the legislature.[44] The specifics for fulfilling the Principles were much debated until a formulation drafted by a Westerner, Justice William Lee, was accepted by the king and chiefs in Privy Council on December 18, 1847. This resulted in a division of land between the King, chiefs and land agents, and a final third to tenant farmers. [45]

The "Great Mahele"--or division-began January 27, 1848, and ended March 7. On the last day of the Mahele the King set apart 2/3 for himself, successors and Chiefs. These 1,000,000 acres became the Crown and 1,500,000 acres of government lands. In 1850 the Kuleana Act was total defeudalization of landholdings which required division among the common people.[46]. Section 5 of the Act though required the tenant to cultivate the land and would receive a houselot of not more than 1/4 of an acre and to pay for a survey to the Land Commission. Approximately 8,205 land patents were issued this way to native commoner Hawaiians.[47][48] The Kuleana Act withdrew the right to grow crops and pasture animals on unoccupied lands. To ameliorate any commoner not able to establish a land patent with a survey the Kuleana Act directed that the government could sell 1 to 50 acres for natives who did not qualify for a price of a minimum of 0.50 an acre.[49] By 1983 the Kingdom sold roughly 600,000 acres at an average price of 92 cents per acre to native Hawaiians.[50] However chiefs accustomed to feudal labor dues were unable to manage the plantations and large estates and were lost through debts and mortgage foreclosures.[51]


The Great Māhele ("to divide or portion") or just the Māhele was the Hawaiian land redistribution proposed by King Kamehameha III in the 1830s and enacted in 1848.

Background

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When Captain Cook arrived in Hawaii in 1778[52], he found a complex land tenure system, which has been compared to the feudal system of medieval Europe.[53]. The basic landholding unit was the ahupuaa, which ranged from 100 to 100,000 acres. Mostahupuaa were in turn divided into ili. A hierarchical society paralleled this pattern of land division. At the top, a chief controlled each ahupuaa; land agents (konohiki) and subchiefs subordinate to the chief controlled smaller amounts of land; and at the bottom of the hierarchy common farmers worked land for the chiefs personal benefit. Commoners also had plots for their own use and had certain gathering rights in the noncultivated lands of the ahupuaa[54].

However, there was no concept of fee simple absolute and landholdings were considered revocable. On the death of a high chief, his successor was free to redistribute the land among the low chiefs and, when any chiefs died, the lands were not necessarily passed on to the decedent's heirs. Frequent warfare often brought new chiefs who could reassign the conquered land to their followers, rather than leave it with the conquered nobles.[55] While commoners owed a work obligation to those higher in the structure, unlike European feudal system, he was free to leave an ahupuaa if unhappy with his landlord.[56]

Transitional Period 1778-1846

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The arrival of Westerners completely altered socio-economic patterns as Hawaii became a major refreshment stop for European vessels sailing the Pacific and a major supplier of the sandalwood trade.[57]. Partially through the use of European arms, Kamahameha I had expanded his rule by 1795 to all of Hawaii except the island of Kaua'i. A proliferation of administrative levels and a rise in palace court life accompanied this unification. The king and his court were attracted to newly available European and Oriental goods, so that the Hawaiian economy had to supply a now enlarged aristocratic class with imported luxuries.[58]. While the economy thus turned from one primarily aimed at subsistence to one enmeshed in international trade, the commoners' condition worsened as diseases destroyed much of the population, [59] traditional notions of feudal responsibility were disrupted, and an onerous tax system was instituted. [60]. Accordingly land tenure patterns reflected and served this new economy.

With the death of Kamehameha his successor Kamehameha II breaking with feudal customs considered it politically unwise and did not revoke the holdings of his predecessor's subchiefs' lands. When Kamehameha III acceded to the throne at the age of twelve, the council of chiefs extracted from the regent a formal policy, later codified as the Law of 1825, which allowed chiefs to keep their lands upon a king's death.[61]. At this time Westerners entered Hawaii's land usage patterns as foreign settlers were "given" lands by the lands by the king or chiefs in return for services or merely out of traditional Hawaiian generosity.[62]

Bill of Rights

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With the establishment of the Kingdom of Hawaii the need to establish itself as a modern independent state the King and Chiefs

By the mid-1830's there had been no reshuffling of landholdings for a full forty years, long enough for the chiefs to feel confident that they owned the land rather than merely holding it at the King's pleasure.

The 1839 Hawaiian Bill of Rights, also known as the 1839 Constitution of Hawaii, was an attempt by Kamehameha III and his chiefs to guarantee that the Hawaiian people would not lose their tenured land, and provided the groundwork for a free enterprise system.[63] The document, which had an attached code of laws, was drafted by Lahainaluna missionary school alumni Boaz Mahune, revised by the Council of Chiefs and signed by Kamehameha III in June 1839.[64]

1840 Constitution of the Kingdom Hawaii

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The 1840 Constitution of the Kingdom of Hawaii established a constitutional monarchy. It stated that the land belonged to its people and was to be managed by the king.[65] It established executive, legislative and judicial branches of government. The document established individual property rights and provided for removal of any chief who violated the constitution.[66]

Hoping to keep the land in Hawaiian hands in the event of a political coup d'état, Kamehameha III and 245 chiefs met to divide the lands among each other.[64] The Mahele abolished the previous semi-feudal system under which rule over an ahupuaʻa was given by the king to a chief, who received taxes and tribute from the people who worked the land collectively. Private land ownership did not exist, as a commoner could be expelled from his land by the chief, or the chief removed by the king.[67]

The Great Māhele resulted in the allocation of one-third of the land to the crown as Hawaiian crown lands. Another third was allocated among the chiefs. The remaining one-third was to go to the population, but in the end, they received less than 1%. The law required land claims to be filed within two years under the Kuleana Act of 1850

Acts of 1850

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Alien Land Ownership Act

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While opponents Kamehameha IV, Kamehameha V and missionary physician Gerrit Judd were traveling, on July 10, 1850 the legislature passed the Alien Land Ownership Act. It allowed foreigners to hold title to land. The Act was written by Chief Justice William Little Lee. The justification was the promise of prosperity resulting from an influx of much-needed capital and labor.[68][69]

Kuleana Act-August 6, 1850

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Another notable part of the Great Mahele was the Kuleana Act of 1850.[70]

Under this provision, commoners were allowed to petition for title to land that they cultivated and lived on (wikt:kuleana), similar to the homesteading laws used to manage land tenure in US territories in the nineteenth century. It also abolished the right of cultivation and pasturage on the larger, common lands of the ahupuaʻa, title of which went to the chief, the crown or the government.

Ownership of land was a previously unknown concept for ordinary Hawaiians. Many did not understand the need to make a claim for land where they already lived and/or worked. Communication depended upon word-of-mouth or the ability to read the written word. Making a claim required money to pay for a pre-claim land survey. The system required two witnesses to confirm that the claimant had worked the land.[71] About 18,000 plots of 3 acres each were successfully claimed.[72][73] The Kingdom's population at the time was some 82,000.[74] Members of higher classes and aliʻi obtained title to most Hawaiian land. Due to the ongoing effect of western diseases and property taxes, many lost their property.[72][73]

See also

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References

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  1. ^ a b c A History of Hawaii, By Linda K. Menton, Eileen Tamura, pg 18 Cite error: The named reference "Hawaii pg 18" was defined multiple times with different content (see the help page).
  2. ^ Donald Dalton Johnson (1 January 1995). The United States in the Pacific: Private Interests and Public Policies, 1784-1899. Greenwood Publishing Group. p. 105. ISBN 978-0-275-95055-2.
  3. ^ Jon M. Van Dyke (2008). Who Owns the Crown Lands of Hawai_i?. University of Hawaii Press. p. 118. ISBN 978-0-8248-3211-7.
  4. ^ a b Pratt, Helen G. (1939). In Hawaii: A Hundred Years. New York: Charles Scribner's Sons. pp. 260=261. OCLC 12372595.
  5. ^ Curtis, Catherine (1966). Builders of Hawaii. Hawaii: The Kamehameha Schools Press. p. 218. ASIN B00285NRCI.
  6. ^ Charles W. Calhoun (11 September 2006). The Gilded Age: Perspectives on the Origins of Modern America. Rowman & Littlefield Publishers. pp. 316–. ISBN 978-0-7425-8168-5.
  7. ^ #4018 Report of Hawaii Kingdom legislature Select Committee on the London Loan: $15,000 of $200,000 loan embezzled
  8. ^ Hawaiian National Bibliography, 1780-1900: 1881-1900 by By David W. Forbes pg 281 citing Hawaii Kingdom. Legislature. Finance Committee
  9. ^ Hawaiian National Bibliography, 1780-1900: 1881-1900, By David W. Forbes, pg 290 citing Kuykendall, Vol. III, p 353
  10. ^ Hawaiian National Bibliography, 1780-1900: 1881-1900 by By David W. Forbes pg 232
  11. ^ a b Jon M. Van Dyke (2008). Who Owns the Crown Lands of Hawai_i?. Hawaii: University of Hawaii Press. p. 123. ISBN 978-0-8248-3211-7.
  12. ^ Mirza Ph.D, Rocky M. (September 2, 2010). American Invasions: Canada to Afghanistan, 1775 to 2010: Canada to Afghanistan, 1775 to 2010. Indiana: Trafford Publishing. p. 80. ISBN 978-1-4669-5688-9.
  13. ^ Sarah Vowell (22 March 2011). Unfamiliar Fishes. Penguin Group US. p. 90. ISBN 978-1-101-48645-0.
  14. ^ John H. Chambers (2009). Hawaii. Interlink Books. pp. 184–85. ISBN 978-1-56656-615-5.
  15. ^ William Ming Liu; Derek Kenji Iwamoto; Mark H. Chae (19 January 2011). Culturally Responsive Counseling with Asian American Men. Routledge. p. 133. ISBN 978-1-135-96833-5.
  16. ^ William Michael Morgan (2011). Pacific Gibraltar: U.S.-Japanese Rivalry Over the Annexation of Hawai'i, 1885-1898. Naval Institute Press. p. 57. ISBN 978-1-59114-529-5.
  17. ^ James Bradley (24 November 2009). The Imperial Cruise: A Secret History of Empire and War. Little, Brown. p. 110. ISBN 978-0-316-03966-6.
  18. ^ Noenoe K. Silva (7 September 2004). Aloha Betrayed: Native Hawaiian Resistance to American Colonialism. Duke University Press. p. 126. ISBN 0-8223-3349-X.
  19. ^ Florencia Mallon (30 December 2011). Decolonizing Native Histories: Collaboration, Knowledge, and Language in the Americas. Duke University Press. p. 31. ISBN 0-8223-5152-8.
  20. ^ Liliuokalani (1898). Hawaii's Story. Tothrop, Lee & Shepard Co. p. 174.
  21. ^ Liliuokalani (1898). Hawaii's Story. Tothrop, Lee & Shepard Co. p. 195.
  22. ^ Foreign Relations of the United States 1894: Affairs in Hawaii. Government Printing Office. 1895. p. 670.
  23. ^ Liliuokalani (1898). Hawaii's Story. Tothrop, Lee & Shepard Co. p. 186.
  24. ^ Liliʻuokalani (Queen of Hawaii) (July 25, 2007) [1898]. Hawaii's story by Hawaii's queen, Liliuokalani. Lee and Shepard, reprinted by Kessinger Publishing, LLC. p. 233. ISBN 978-0-548-22265-2.
  25. ^ Linda K. Menton; Eileen Tamura (1999). A History of Hawaii, Student Book. CRDG. p. 92.
  26. ^ When Did the Polynesians Settle Hawai‘i? A Review of 150 Years of Scholarly Inquiry and a Tentative Answer by Patrick V. Kirch
  27. ^ Janet M. Wilmshurst; Terry L. Hunt (2010). High-precision radiocarbon dating shows recent and rapid initial human colonization of East Polynesia. University of Utah, Salt Lake City, UT,. p. NA.{{cite book}}: CS1 maint: extra punctuation (link)
  28. ^ Tom Dye; Eric Komori (1992). Pre-censal Population History of Hawai'i," (PDF). NA. p. 3. {{cite book}}: Text "- New Zealand Journal of Archaeology 14" ignored (help)
  29. ^ The History and Immigration of Asian Americans By Franklin Ng page 160
  30. ^ Historic Nantucket, Vol 56, No. 1 (Winter 2007) p. 14-16 link: http://www.nha.org/history/hn/HNwinter2007-lebo.htm
  31. ^ ELEANOR C. NORDYKE and RICHARD K. C. LEE (1989). The Chinese in Hawai'i: A Historical and Demographic Perspective (PDF). p. 202.
  32. ^ ELEANOR C. NORDYKE and RICHARD K. C. LEE (1989). The Chinese in Hawai'i: A Historical and Demographic Perspective (PDF). p. 200.
  33. ^ Ronald T. Takaki (1984). Pau Hana: Plantation Life and Labor in Hawaii, 1835-1920. p. 22-27.
  34. ^ ELEANOR C. NORDYKE and RICHARD K. C. LEE (1989). The Chinese in Hawai'i: A Historical and Demographic Perspective (PDF). p. 202.
  35. ^ Edward D. Beechert, Working in Hawaii: A Labor History (U of Hawaii Press, 1985)
  36. ^ Ronald T. Takaki (1984). Pau Hana: Plantation Life and Labor in Hawaii, 1835-1920. p. 22-27.
  37. ^ ELEANOR C. NORDYKE and RICHARD K. C. LEE (1989). The Chinese in Hawai'i: A Historical and Demographic Perspective (PDF). p. 208.
  38. ^ ELEANOR C. NORDYKE and RICHARD K. C. LEE (1989). The Chinese in Hawai'i: A Historical and Demographic Perspective (PDF). p. 209-210.
  39. ^ For detailed discussions of early Hawaiian land tenure, see generally J. CHINEN, THE GREAT MAHELE (1958); G. DAWS, SHOAL OF TIME (1968); J. Honus, HAWAIIr-A PAGEANT OF THE SOIL (1935); 1 R. KUYKENDALL, THE HAWAIIAN KINGDOM 1778-1854 (1938); A. LIND, AN ISLAND COMMUNITY (1938); M. Kelly, Changes in Land Tenure in Hawaii, 1778-1850, June, 1956 (unpublished thesis in University of Hawaii Library) [hereinafter cited as Kelly].1 HAWAIIAN KINGDOM, supra note 1, at 119-22.
  40. ^ Act of Nov. 9, 1840, ch. 3, § 6, in TRANSLATION at 34 (THE FUNDAMENTAL LAW OF HAWAII 18 (L. Thurston ed. 1904) at 19).
  41. ^ G. DAWS, SHOAL OF TIME (1968) at 112-120
  42. ^ See 2 [1847] Hawaii Laws 84, in REVISED LAws 1925 at 2127 (Thurston at 143).
  43. ^ Act of Dec. 10, 1845, ch. 7, § 9 [1846] Hawaii Laws 109, in REVISED LAWS 1925 at 212 3 (Thurston at 139). But see 1 Hawaiian Kingdom, supra note 1, at 282-84 for discussion of the limited government experiment in 1845 of selling small lots with fee simple title in the Makawao district of Maui and the Manoa valley on Oahu.
  44. ^ 2 [1847] Hawaii Laws 94, in RnvisEn LAWS 1925 at 2137 (Thurston at 154).
  45. ^ Rules adopted by the Privy Council, Dec. 18, 1847, § 4, 4 PRIVY COUNCIL R OD (1847), quoted in Alexander, A Brief History of Land Titles in the Hawaiian Kingdom, in THRUM's HAwAIIAN ALMANAC AND ANNUAL FOR 1891 at 112.
  46. ^ Act of Dec. 21, 1849, § 6, [1850] Hawaii Laws 203, in Revised Laws 1925 at 2142.
  47. ^ 1 R. KUYKENDALL, THE HAWAIIAN KINGDOM 1778-1854 (1938) at pg 294
  48. ^ Marion Kelly, historian, Bishop Museum, Honolulu, Hawaii in Letter from Marion Kelley to Neil Levy, February 18, 1975.
  49. ^ Act of July 11, 1851, [1851] Hawaii Laws 52-53
  50. ^ R. Horowitz, L. Vargina, I. FINN, & J. CEASER, PUBLIC LAND POLICY IN HAWAII: AN Historical Analysis (Legislative Reference Bureau Report No. 5, 1965)
  51. ^ Regarding early mortgage granted by Native Hawaiians, see, e.g., May v. Haalelea, 2 Hawaii 191 (1859).
  52. ^ cite book|author=Jon J. Chinen|title=The Great Mahele: Hawaii's Land Division of 1848|url=https://books.google.com/books?id=vBEKQE-1FggC&lpg=PP1&pg=PA1#v=onepage&q&f=false%7Cyear=1958%7Cpublisher=University of Hawaii Press|isbn=0870221256}}
  53. ^ cite book|author=Jean Hobbs|title=Hawaii - A Pageant of the Soil|url=https://books.google.com/books/about/Hawaii.html?id=VtlnAAAAMAAJ%7Cyear=1935%7Cpublisher=Stanford University Press
  54. ^ M. Kelly, Changes in Land Tenure in Hawaii, 1778-1850, June, 1956
  55. ^ M. Kelly, Changes in Land Tenure in Hawaii, 1778-1850, June, 1956
  56. ^ cite book|author=Jean Hobbs|title=Hawaii - A Pageant of the Soil|url=https://books.google.com/books/about/Hawaii.html?id=VtlnAAAAMAAJ%7Cyear=1935%7Cpublisher=Stanford University Press
  57. ^ A. LIND, AN ISLAND COMMUNITY (1938)|url=http://www.jstor.org/stable/2770135?seq=1#page_scan_tab_contents
  58. ^ A. LIND, AN ISLAND COMMUNITY (1938)|url=http://www.jstor.org/stable/2770135?seq=1#page_scan_tab_contents
  59. ^ A. LIND, AN ISLAND COMMUNITY (1938) pg 94-99|url=http://www.jstor.org/stable/2770135?seq=1#page_scan_tab_contents
  60. ^ A. LIND, AN ISLAND COMMUNITY (1938) pg 41 |url=http://www.jstor.org/stable/2770135?seq=1#page_scan_tab_contents
  61. ^ R. KUYKENDALL, THE HAWAIIAN KINGDOM 1778-1854 at pages 119-122 (
  62. ^ Courtcase: Keelikolani v. Robinson, 2 Hawaii 514 (1862) regarding 1827 land gifts
  63. ^ "Kingdom of Hawaii Constitution of 1839". The Morgan Report. Retrieved 3 December 2010.
    "1839 Hawaiian Bill of Rights". Free Hawaii. Retrieved 3 December 2010.
  64. ^ a b Hitch, Thomas Kemper; Kamins, Robert M (1993). Islands in Transition: The Past, Present, and Future of Hawaii's Economy. University of Hawaii Press. pp. 28–30. ISBN 978-0-8248-1498-4.
  65. ^ McGregor, Davianna Pomaikai (2007). Na Kua'aina: Living Hawaiian Culture. University of Hawaii Press. pp. 32–33. ISBN 978-0-8248-2946-9.
  66. ^ Richard H. Kosaki (1978). "Constitutions and Constitutional Conventions of Hawaii". Hawaiian Journal of History. Vol. 12. Hawaii Historical Society. pp. 120–138. hdl:10524/196.
  67. ^ Linnekin, Jocelyn (1990). Sacred Queens and Women of Consequence: Rank, Gender, and Colonialism in the Hawaiian Islands. University of Michigan Press. pp. 7–8. ISBN 978-0-472-06423-6.
  68. ^ Merry, Sally Engle (1999). Colonizing Hawai'i. Princeton University Press. pp. 93–95. ISBN 978-0-691-00932-2.
  69. ^ Van Dyke, Jon M (2007). Who Owns the Crown Lands of Hawai'i?. University of Hawaii Press. pp. 60–61. ISBN 978-0-8248-3211-7.
  70. ^ Rhodes, Diane Lee. "A Cultural History of Three Traditional Hawaiian Sites on the West Coast of Hawai'i Island". Changes After the Death of Kamehameha. United States Department of the Interior. Retrieved 3 December 2010.
  71. ^ Wong, Helen; Rayson, Ann (1997). Hawaii's Royal History. Bess Press. pp. 98–99. ISBN 978-0-935848-48-9.
  72. ^ a b Kent, N J (1993). Hawaii Islands Under the Influence. University of Hawaii Press. pp. 31–33. ISBN 978-0-8248-1552-3.
  73. ^ a b Norgren, Jill (2006). American Cultural Pluralism and Law. Praeger. p. 25. ISBN 978-0-275-98699-5.
  74. ^ [1]

Further reading

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  • Jon J. Chinen. The Great Mahele: Hawaii's land division of 1848 (University of Hawaii Press, 1958).
  • Linnekin, Jogelyn. "Statistical analysis of the great Māhele: some preliminary findings∗." Journal of Pacific History 22#1 (1987): 15-33.
  • Linnekin, Jocelyn. "The Hui lands of Keanae: Hawaiian land tenure and the Great Mahele." Journal of the Polynesian Society 92#2 (1983): 169-188.
  • Stauffer, Robert H. Kahana: How the land was lost (University of Hawaii Press, 2004).
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Category:Kingdom of Hawaii Category:Indigenous land rights in Hawaii Category:1848 in Hawaii Category:1848 in law Category:Legal history of Hawaii

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