The Great Māhele was one of the most important episodes of Hawaiian history, second only to the overthrow of the Hawaiian Kingdom. While intended to provide secure title to Hawaiians, it would eventually end up separating many of them from their land.
Bill of Rights
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. 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.
1840 Constitution of the Kingdom Hawaii
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. 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.
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. The Mahele abolished the previous semi-feudal system. Under this, 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.
One-third of the land was allocated to the crown as the Hawaiian crown lands. Another third was allocated among the chiefs. The remainder was to go to the population. 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 and many Hawaiians made no claim.
Eventually most of this land was sold or leased to foreigners. The large amount of land that went to the government resulted in Hawaiʻi having a very high proportion of state-owned land: about 32% is owned by the state, while another 4.8% is Hawaiian Homelands.
Acts of 1850
Alien Land Ownership Act
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.
Kuleana Act-August 6, 1850
Another notable part of the Great Mahele was the Kuleana Act of 1850.
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. About 18,000 plots of 3 acres each were successfully claimed. The Kingdom's population at the time was some 82,000. 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.
- Native Hawaiians
- 1852 Constitution of the Kingdom of Hawaii
- 1864 Constitution of the Kingdom of Hawaii
- 1887 Constitution of the Kingdom of Hawaii
- 1893 Constitution of the Kingdom of Hawaii
- Jocelyn Linnekin (1990). Sacred Queens and Women of Consequence: Rank, Gender, and Colonialism in the Hawaiian Islands. University of Michigan Press. ISBN 0-472-06423-1.
- "Kingdom of Hawaii Constitution of 1839". The Morgan Report. Retrieved 3 December 2010.
"1839 Hawaiian Bill of Rights". Free Hawaii. Retrieved 3 December 2010.
- 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.
- McGregor, Davianna Pomaikai (2007). Na Kua'aina: Living Hawaiian Culture. University of Hawaii Press. pp. 32–33. ISBN 978-0-8248-2946-9.
- Richard H. Kosaki (1978). "Constitutions and Constitutional Conventions of Hawaii". Hawaiian Journal of History 12 (Hawaii Historical Society). pp. 120–138. hdl:10524/196.
- 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.
- Van Dyke, Jon M (2007). Who Owns the Crown Lands of Hawai'i?. University of Hawaii Press. pp. 44–49. ISBN 978-0-8248-3211-7.
- Native Hawaiians Study Commission Report - 1983, p. 334
- Hawaii Statewide GIS Program
- Merry, Sally Engle (1999). Colonizing Hawai'i. Princeton University Press. pp. 93–95. ISBN 978-0-691-00932-2.
- 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.
- 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.
- Wong, Helen; Rayson, Ann (1997). Hawaii's Royal History. Bess Press. pp. 98–99. ISBN 978-0-935848-48-9.
- Kent, N J (1993). Hawaii Islands Under the Influence. University of Hawaii Press. pp. 31–33. ISBN 978-0-8248-1552-3.
- Norgren, Jill (2006). American Cultural Pluralism and Law. Praeger. p. 25. ISBN 978-0-275-98699-5.