|Claimant Name:||Rooke, T.C.B.|
|Alternate Name:||Luke, Kauka|
|Secondary Claimant:||Rooke, Enely (Emma)|
No. 597 T.C.B. Rooke Honolulu, June 8, 1847
Foreign Register Volume 2, page 77
[Listed in Location Index also as 6461, which is the R.P. #]
Gentlemen: In 1841 a tract of land situated at Hanalei on the island of Kauai was offered for sale to me by Mr. Deadman. I applied to his Majesty to know if I had his consent to purchase the same. He not only confessed his willingness to my purchasing it to myself, but to H.E. [His Eminence] Governor Young also. Having as I supposed received the necessary sanction, I completed the bargain, but on application for title for the same, various delays occurred, the occasions of which are better known to Mr. Ii, one of your Honorable Board, than to myself. Eventually Mr. Ii directed me to procure Deadman's affidavit, which I did, a rough copy of which is herewith enclosed. The original I delivered to G.P. Judd Esq., then the Minister of the Interior, but which as you perceive by the enclosure, No. 2 is mislaid. I beg most respectfully to submit my claim to this piece of land to your adjudication.
T. CHS. BYDE ROOKE
No. 1, a copy of the affidavit of Joel Deadman.
No. 2, G.P. Judd, Esquire's answer to my application for the original document.
No. 3, copy of a bill of sale for Joel Deadman to myself to the Local Board of Commissioners for Quieting Land Titles.
[margin note:] There is no punctuation in this document.
I, Joel Deadman, do hereby make oath & declare that in or about the month of 1834 Kaikioewa the governor of the island of Kauai gave to Mr. Joel Deadman a certain piece of land situated at Waioli in the bay of Hanalei, the boundaries & extent of which were as follows: commencing on the seaside at a large hau tree near the end of the long pile of firewood nearest the mission, extending along the beach to a large cluster of hau trees, by which the path turns up to the mission by the church, from there extending into the interior taking in the old orange trees at the back of Mr. Alexander's to a little round hummock on the top of the hills back of the taro land, from thence running along the ridge and descending by the side of the fish pond where are the cocoanut trees, and thence to the large hau tree before mentioned. At the same time he, the said Kaikeoewa, agreed to cause it to be cultivated & planted with sugar cane and find the materials for a mill &c and labor for which he was to be paid by one half of the sugar & molasses produced. A house frame was erected but not thatched. I remained there 6 months at considerable loss & expense and had even work made for the mill. About this time Kaikeoewa was taken sick & soon after went to Oahu on his last visit to Hanalei. Before he left Kauai he told me that if he did not look after it himself the natives would not do anything properly, so he gave it up, but he told me then and repeatedly afterwards both at Kauai & Oahu to keep the land, that it was my own. In testimony of the truth of the above statement I have [?] day of March 1844 affixed my hand & seal.
Sworn before [left blank] at Honolulu
Signed JOEL DEADMAN
on the day & date above mentioned
Signed WM. MILLER
My Dear Sir, 4 August
I have carefully searched for the paper you wish but cannot find it. I have no doubt it is among the papers somewhere but cannot lay my hand upon it. If you require it for the commissioners, I may perhaps recollect its tenor & explain it to them for you or it may come to hand another day.
Signed G. P. JUDD
Honolulu, September 1842
I hereby bargain & sell to Mr. T. C. B. Rooke all my right & interest in a certain piece of land situate at Hanalei on the island of Kauai, the boundaries of which are known to Mr. James Young & others, in consideration of the said T. C. B. Rooke paying to me the sum of three hundred dollars.
Witness to Signature Signed
JOEL P. DEADMAN
See King's letter to Kaikioewa inc[luded] at Testimony V. III. P. 114.
No. 597, Kauka Luke (Rooke)
Foreign Testimony Volume 2, page 74
Claim No. 597 T.C.B. Rooke Nov. 24th.
John Ii, sworn: I know this land; it is in Hanalei Kauai. I know that Deadman, in about 1835, lived with Kaikeoewa at Kauai. I heard Kaikeoewa say to the King, "There is some land for Deadman at Kauai at Waiole." He was telling the King he had a foreigner there who had ingenuity and would make sugar. In the year that I returned from Kauai, Deadman came up also. I then heard from Kaikeoewa that some land was to be given to Deadman for his work (connected with cane apparatus) and that the cane had not been ground. I know nothing about the cause or arrangement, nor do I know the boundaries of the land. In 1842, I met Dr. Rooke and he then told me he had some title to the land of Mr. Deadman. He shewed me the papers. I said it was clear from them that Kaikeoewa had given some land to Deadman, and he to Dr. Rooke. I afterwards met Deadman and he said he had transferred it to Dr. Rooke and showed me the papers from the Governor & King to himself. In 1843 the subject was laid before the Chiefs in Session at Mr. Wyllie's house and they decided that he should have the title to the lands on behalf of his child, Claimant not being a naturalized subject at the time. They admitted the claim to be good as it stood after examination. They examined Deadman's transfer to Dr. Rooke and agreed to its validity. Dr. Rooke was not present.
Postponed for evidence as to boundaries.
Resumed Page 356.
Foreign Testimony Volume 2, page 356
Cl. 597, T. C. B. Rooke, continued from Page 74, June 23.
James Young, Gov[ernor] of Maui, sworn: I was not present when this land was given or bargained to Deadman from Kaikeoewa. Afterwards Kaikeoewa pointed out the boundaries to me. They commenced at a hau tree on the beach, standing near the place where the King had his house called Hawaiiloa. From this tree the boundary ran to the end of a fish pond called "Kanoa." It ran to the inland end of the pond. From the pond the line runs up into the mountains. I cannot say where. The beach of Hanalei Bay is the boundary on the seaside. It runs along the beach until it reaches the boundary line between Waiole & Mahaana, near where Mr. Whitney's house used to stand, and then it turns and follows up this division line to the mountains, I cannot say how far. This was about the time of the death of my father. Kaikeoewa said that he had given this land, but not really, until he consulted the King. He wrote down to the King and the King and Premier wrote back to him and told him he could give the land to Deadman but not absolutely (lilo loa); he must only give it to him as they gave land to other foreigners, namely in such manner as they might take it away again at any time (see King's letter on file in Register V. II under this number). (See Native Testimony, Vol. III, page 114).
Kaikeoewa then gave the land to Deadman to cultivate sugar, and was to have a share of the sugar, but none was raised. Deadman remained near the land a few months but did not live on it. I know Dr. Rooke applied to the King when he was going to purchase Deadman's rights for his sanction. The King said it was right. I was to have charge of the land, which I never took. (See 327 Vol III Foreign Testimony ).
Foreign Testimony Volume 3, page 328
Cl. 597, T. C. B. Rooke, from Page 356, vol. 2, Jan. 2, 1851.
M. Kekuanaoa, sworn: "We had a meeting at Maunakelika, the ahaolelo met there and the claim of Deadman was brought forward in the name of Dr. Rooke. This was in 1843. It was understood that Rooke had the same right of lease to the land (hoolimalima) in question that Deadman had. I do not recollect that the right of Rooke was at that time acknowledged by a vote of the House. It was not a regular meeting of the Legislative Council, but a meeting held to consider the subject of Dr. Judd's sitting as a member of the Boundary Commission, and Dr. Rooke's claim came up incidentally.
Ioane Ii, sworn: I was present at the Chief's Meeting spoken of by Kekuanauoa, it was not a regular meeting of the Legislative Council; but merely a consultation. I do not recollect exactly its proceedings. The claim of Deadman was introduced incidentally. The transfer by Deadman to Rooke was spoken of. Rooke wished the land to be confirmed to him on the condition on which Deadman got it from Kaikioewa. Deadman or his representative have never fulfilled the condition of the first grant. The King's title was merely consenting to the transfer by Deadman of his right to Dr. Rooke. I think so "that right was not recognized by a formal vote of the meeting. I think those proceedings were not recorded as those of the ahaolelo are." I think the subject was brought up incidentally either by Dr. Judd or myself with a view to hear the opinions of the Chiefs about the claim. This claim was not brought before the legislature of Lahaina in 1843.
Native Testimony Volume 2, page 391
1. John Ii sworn by the Word of God and stated, "I had seen Deadman in the year 1835 and I also had heard Kaikioewa tell about this land as having it to be cane land in Hanalei on Kauai. I think that Kaikioewa had wanted to grow sugar cane. Deadman had come at that time and I heard Kaikioewa say about giving Deadman a piece of land. In the year 1842, I had a talk with Dr. Rooke about this property. He related about the document for that land in Hanalei on Kauai being sold for $300.00. Later after this, I had asked Deadman on the authenticity of this document and he had answered positively. The document of the King for this property is authentic with his seal and I believe this is so. In the year 1843, Dr. Rooke had explained to the chiefs about this property and had told them that it would be well for him to keep this land for his child who was born in Hawaii here, whose name is Enely (Emma) Rooke."
[.... other properties elsewhere in islands mentioned]
No. 597, T. C .B. Rooke, June 23, 1848
Native Testimony Volume 3, page 114
James Y. Kanehoa sworn and stated, "I did not see this property in the beginning. Later Kaikioewa told me the boundaries of that land. Hawaiiloa is a dwelling for the chief. A cluster of hau trees are standing there also. The boundary runs from here to the pond named Kanoa and extending to Maaaua. I do not know the (boundaries) from here on. The boundary in the direction toward the sea runs along the beach to Waioli and this is the boundary on this side and extending in the direction of the uplands. I do not know about the area in the direction away from the mountains."
See Kauikeouli's letter below on this page.
Oct. 24, 1834
I have just seen your letter. We both feel it is not advisable. This is my idea to you. When you have a desire to give land to a foreigner, give to the foreigner just as we have done with the land whereupon Olohana is living and the same would apply to each and every foreigner. Whenever we feel we want the land returned, we may take it back. Do not give land permanently. This is my thought to you.
Much affection to you, Moser, and to all of you.
[Award 597; R.P. 6461; Hanalei Halelea; 1 ap.; 106 Acs 2 roods]