The Hawaiian gazette., 1877-05-23


The Mnbele beng completed on the 7th of
March. I84e, the Kings suzerainty over the
lands held by his Chiefs and other individuals
was at an end, and the list Of lands 10 which the
interests of the Chiefs and lesser Konohilis had
thus been released. became the Kings.
But the Mahele, as Judge Robertson expresses
it in the decision above referred to- granted the
lands TO the Chiefs "by freehold title. certified
to The Land Commission for its formal dicdTd,
capable OF being converted into an sllodial title
by payment TO the government of q Communication
TO be fixed 10 Privy Council"
1t appeared TO the King that tse lands thus
released to him might be subjected to commnta.
ton in like manner with the lands of the Chiefs
TO quote again from the decision in Haw.
R. p. 722 The records Of the discussion IN
Council show plainly His Majesiy's anxious de-
sire 10 Tree his lands from the burden Of being
considered pubic domain, and also his wish to
enjoy complete control over his own property.
Moved by these considerations and by de-
sire to promote the interests of his Kingdom he
proceeded with exalted lIberulty to set apart
for the use Of the government the larger portion
of his Royal Domain. reserving TO himself what
be deemed reasonable amount of land Us his
own Estate.
ITO effect that object be signed and sealed on
the 9Th March, l645, two instrument contained
in The Mahee Book. The first is as follows:
Know all men by these presents that ], Ka-
mebamena Ill, by the Grace Of God, King Of
these Hawaiian Islands. have given this day of
my own free will, and have made over and set
apart forever to the Chiefs and people the larger
part of my royal land for the use and benefit Of
the Hawaiian Government therefore. by this
instrument, hereby retain, or reserve ("hook0e"
in Hawaian) for myself my heirs and successors
toravpr lnnus in srrlhtn M 7S 12D
1874. 1856 100. 1874. 200, 2O4. 2U6, 2lO, 2l2, 2l4,
2l6 2l8. 220. 222 Of this book, these lunds are
set apart Cor separated Off for me, my heirs and
successors forever, as my own property exclu-
sivey
Signed with my name and my zeal at Hale
Ali this Slh day OF March, lS4S.
KAMEuAMEHA. LIS
Signed and sealed in presence of Keoni Ana,
g. Z. Judd.
| mark this deed "a"
On the opposite page of the Mahele Book the
following deed is inscribed, having the same date:
"KnOw all men by these presents that |, Ka-
mehameha ILL.,, by the Grace Of God, King of
these Hawaiian Islands, do hereby give. make
over and set apart forever, tp the Chiefs and
people Of my kingdom, and convey ull my right,
title and interest IN the lands situated here 10 the
Hawaiian Islands. inscribed on plges lT9 to 225.
both inclusive Of this book. to have and to hold
to my Chiefs and people forever. These lands
are 10 be in the perpetual keeping of the Legis-
latve Council Mobiles and Representatives,, or
10 that of the Superintendent of SAID lands ap-
pointed by them from time to time, and shall be
managed leased, OF sold in accordance with the
will Of sud Mobiles and Representatives for the
benefit OF the Hawaiian Government and to pro-
mote the dignity of the Hawaiian Crown"
Signed aud sealed etc.
This deed mark b.
This deed was executed the same day as the
| first one above mentioned marked A" aud pre-
ceded it. as is evident from the alIuson to 1t in
the deed "a" This last deed By is the con-
veyance by the King to the Government of the
Governmen, lands. Strictly speaking the deed
IN rked "a" not necessary for, the ing
being as Sovereign, the owner of all The lands OF
the kingdom. and the Chiefs and Konohiks hav-
ing by the Mahele released their feudatory rights
10 large portion of them by name, when he
decided TO the Government portion of these
lands, what remained were, Of course, his own.
But for greater certainty the deed Of reserva-
ton" so called, was made. His title to these
lands was complete without this deed of reserva.
ton, for the outstanding claims IN them were re-
leased TO him by the Mahele.
On the Tin of June. l64S the Legislature
passed "An Act relating 10 the lands Of His Ma.
jeSty the King and Of The Government This
act will be found in the Civil Code, PIP. 374 to
| 402. both inclusive.
In the case of the Estate of His Majesty Ka.
mehameha w.. this act is called merely confirm
tory of the Kings previous action. 1.-The LegS-
ative Council simply intended by that act to
ratify what had already been done by the King
in Privy Council, and hereby bind the Nation to
its faithful observance forever"
Certainly the Kings title to his lands does
not date from this act of the Legislature.
On page go of the Mahele Book" the Iii.
aiuas which are the subject of this suit are in
scribed among the Kings lands reserved. In
the second volume OF the MaheIe Book" as it
is called. which is however but summary or In.
dex of the lands of this kingdom arranged by
Islands and Districts, find on page SO