The Great Mahele

The Great Mahele

​History of the Hawaiian Kingdom

​7th Grade Social Studies

​

By Micah Agas

Before the coming of foreigners, landholding was managed under a system in which the king and the high chiefs controlled the land, which was managed by the konohiki. In return, the people gave the chiefs part of what they produced.

​This system of land management had been ideal for the Hawaiian people for centuries. Their belief system dictated that the land belonged to the gods and that the aliʻi and kūhuna were instilled with the knowledge and power regarding how to manage its use.

Multiple Choice

Hawaiians believed that the land was owned by...

• the akua (gods)

• the ali'i (chiefs)

• the maka'ainana (commoners)

Multiple Choice

We previously learned about the _________ system of land division and management that that ranged from mountain to sea.

• mahele

• mahele

• ahupua'a

• konohiki

​However, most westerners did not understand the relationship Hawaiians had with the land. They thought the people should have the right to own their own land and pass that land on to their children. As early as 1825, a council of chiefs passed laws allowing children of chiefs to inherit land. These laws made the position of the chiefs more secure. It did not, however, help the commoners or the foreigners.

By the time Kamehameha III came to the throne, more and more foreigners were demanding ownership of the land with a clear title. These desires led to the passage of the Bill of Rights of 1839. It stated that land could not be taken from the people except by due process of law.

The constitution of 1840 went on to say that the land was not the private property of the king but was owned in common with chiefs and people under the management of the king. The common people could not obtain absolute ownership, but also could not be forced off their land without legal means.

The Constitution of 1840 defined a number of rights and privileges of landowners and tenants. However, it did little to assure foreigners that they could legally own the property in which they had invested money. The problem became so serious that, in December of 1845, a board was created with the title “Board of Commissioners to Quiet Land Titles.” These commissioners were to decide the rights and interests of all people, including foreigners, who had claims on land before 1845. They had full power to decide these claims, and, then, in 1850, a law was passed that gave foreigners the right to own the land they so desired.

Multiple Choice

Who was king during the time of the Great Mahele?

• Kamehameha I

• Kamehameha II

• Kamehameha III

Multiple Choice

Why did foreigners want to own land in Hawai'i?

• They wanted to build hotels to make money

• They were invested in the sugar and wanted to make money

• They wanted to build housing to help poor people

• They wanted to build more heiau to revive old Hawaiian religion

​The job of the commissioners was a difficult one. To judge fairly, the commission had to consider overlapping interests among people who did not understand the principle of individual ownership and those who had lived and prospered on this land for centuries without the need to actually “own” it. As such, many Hawaiians did not apply for title to their land. Others quickly sold their holdings without realizing their value.

Multiple Choice

Why did many Hawaiians not understand the value of individual land ownership?

• They did understand Western concept of land ownership but did not care.

• They used to live in a system where they shared and worked on the land.

• They thought the land was useless.

• The believed only the king should own land.

After the appointment of the land commission, the next step was to decide the rights of the king, the chiefs, and the konohiki in the various undivided portions of the land. A committee set up guidelines for the redivision of lands within the kingdom.

​Each mahele (division) existed as a signed agreement between the king and a chief or a konohiki, assigning land to them. The first was signed in January 1848, and the entire redistribution was completed approximately six weeks later. The individual divisions were written down in a large ledger, the Mahele Book. After a division was agreed upon, a chief presented his claim before the land commission and was awarded the lands. After each individual paid the commission fee, each individual received a Royal Patent.

Further division of land was also made between the king and the government. The king set aside the larger part of his lands for the benefit of the government and kept other lands for himself and his heirs. The part that he kept became known as “crown lands.” Kamehameha III and his successors sold, leased, and mortgaged these lands at will until 1865. In that year, a law was passed declaring that crown lands should not pass through the hands of the king and his heirs. When the monarchy was overthrown in 1893, the remaining crown lands were seized and became public lands.

The last step in the Mahele had to do with the rights of the Hawaiian tenants wherever they lived. An act passed in August 1850 provided for titles for Hawaiian tenants. To get these titles, they had to prove that they actually improved the land on which they lived and depended upon it for their living. These lands were known as kuleana lands.

The kuleana lands were mostly taro plots, much more valuable than the unfarmable or forest lands that made up a large part of the areas assigned to the king and the chiefs. But many commoners did not follow through on the things they needed to do to claim their kuleana. Thus, they ended up with only one percent of the available land. Later, some lost their kuleana because they did not pay land taxes or because they did not continue to live on the land. When that happened, foreigners bought and sold the kuleana. As such, a key factor for Kamehameha III’s support of the Mahele—to settle commoners on their own land—was largely defeated.

Multiple Select

Why did many Hawaiian commoners lose their "kuleana" lands?

*Two correct answers

• They did not pay taxes need to keep the lands.

• They told foreigners they could have their lands.

• They did not continue living on that plot land.

• They thought the land was useless.

Open Ended

Did the Great Mahele benefit foreigners or Native Hawaiians? Explain to the best of your ability.