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CHAPTER 9
GATT LAW AND THE WORLD TRADE ORGANIZATION:
BASIC PRINCIPLES
CASES IN THIS CHAPTER

European Communities—Regime for the Importation,

Sale & Distribution of Bananas, p. 286.

European Economic Community—Import Regime for Bananas, p. 290.

Japan–Taxes on Alcoholic Beverages, p. 295.

India—Quantitative Restrictions on Imports of Agricultural,

Textile, & Industrial Products, p. 298.

TEACHING SUMMARY

International trade has grown dramatically since World War II. Following World War II, countries
sought trading partnerships with each other, realizing that such partnerships could inure to the
benefit of both. Thus, they began to craft international treaties and organizations to eliminate
barriers to trade, including tariffs, quotas, and restrictive unilateral or bilateral practices. Two of
the primary organizations and instruments in effect today are GATT and the World Trade
Organization (WTO), the latter of which the U.S. is a member. Each favors reciprocity and
mutual advantage among countries and transparency of rules. This principle is expressed in
GATT through Article I’s most favored nation and national treatment rules, which require equal
tariff treatment of member nations (and, thus, non-discrimination).

CASE QUESTIONS AND ANSWERS

European Communities—Regime for the Importation, Sale & Distribution of Bananas, p.

286.

1. When may a member bring a complaint against another member of the WTO?

Answer: Under Article XXIII, a member nation has broad discretion in bringing a case
against another member under the DSU.

2. What was the basis for the EC’s argument in this case?

Answer: Fundamentally, the EC is making a “standing” argument. The U.S. had claimed
nullification and impairment due to the EC’s Import Regime on Bananas. The EC
opposed the claim arguing that in any system of law, including international law, a
claimant must have a legal right or interest in the claim and the U.S. didn’t have such an
interest since it was not an exporter of bananas. The appellate body rejected the EC’s
argument that ICJ and PICJ judgments establish a general rule that in all international
litigation the complaining party must have a “legal interest.” Further, the body pointed
out that the question of standing under the dispute settlement provisions of a multilateral
treaty is determined by referring to the terms of the treaty.
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Chapter 9: GATT Law and the World Trade Organization: Basic Principles

European Economic Community—Import Regime for Bananas, p. 290.

1. Which countries can import bananas to the EU duty-free, and why?

Answer: Former colonies of Britain and France located in Africa, the Caribbean, and the
Pacific (ACP countries). It may be that the former colonial powers still felt some residual
responsibility for economic development of their former possessions; but it is more likely
that multinational businesses owned (at least in part) by these former colonial powers
continue to profitably do business in these former colonies, and that it is politically and
economically preferable to discourage competition from other countries. It is very
unlikely that the reason for the EU’s increased barriers for non-ACP banana exporting
countries has anything to do with quality.

2. Which countries object to the change in the consolidated tariff rate on bananas that took
effect in 1993?

Answer: The non-ACP countries, who are also GATT members (Colombia, Costa Rica,
Guatemala, Nicaragua, and Venezuela). These countries are trying to export bananas to
the EU nations but, since 1993, the consolidated tariff rate on bananas increased the
duties by 20% for a limited quantity of bananas and imposed a much higher tariff rate
quota (ECU 850 per ton) beyond that. A complex licensing scheme also made it inevitable
for importers to favor ACP bananas.

3. What is the GATT basis for their objections?

Answer: Article III’s National Treatment clause. The specific tariffs applied by the EEC on
imports of bananas since 1993 were clearly “less favorable” than treatment accorded to
like products from other member nations. Article II, Schedules of Concessions: Individual
tariff concessions are to be applied to all other contracting parties. Article I, General Most
Favored Nation Treatment: the EU must give the non-ACP nations who are GATT
members the same “advantage, favor, privilege or immunity granted...to any product
originating in…any other country....”

Japan–Taxes on Alcoholic Beverages, p.295.

1. What is the purpose of GATT’s Article III and how is that purpose ensured?

Answer: The broad and fundamental purpose of National Treatment on Internal Taxation
and Regulation is to avoid protectionism in the application of a nation’s internal tax and
regulatory measures. It also ensures that member nations do not apply internal
measures to imported or domestic products so as to afford protection to domestic
products. Under Article III, member nations are obliged to treat imported products in the
same way as the like domestic products. A nation may still apply a tariff to imported
products as long as the tariff is consistent with bindings and concessions. Yet, once that
product has cleared customs and entered the domestic stream of commerce, any tax
differential on like products violates Article III.

2. Is it necessary that the complaining party show that a discriminatory tax has a negative
effect on trade? Is a remedy possible even where the discrimination has no adverse
impact on the sales volume of the imported products?

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 Chapter 9: GATT Law and the World Trade Organization: Basic Principles

Answer: No. Adverse impact to trade need not be shown in order to prove a case of
nullification and impairment. In GATT 1994, the Understanding on Rules and Procedures
Governing the Settlement of Disputes states that an infringement of GATT is considered
a prima facie case of nullification and impairment. Thus, a breach of a trade agreement
concluded under GATT is presumed to have an adverse trade impact on other
members. In this case, if imported products are taxed in excess of like domestic
products, that tax measure is inconsistent with Article III. Under such circumstances, a
remedy may be available.

3. How does a WTO Panel determine whether two products are “like products” for
purposes of the first sentence of Article III(2) or “directly competitive or substitutable
products” that fall within the domain of the second sentence of Article III(2)?

Answer: The panel cautions that “like products” should be narrowly construed and
determined on a case-by-case basis to determine whether the products are similar.
Factors to consider include: the product’s end uses in a given market, consumers’
tastes and habits, and the product's properties, nature and quality. Uniform tariff
classifications can be used unless they are too broad to be reliable criterion. If the
imported and domestic products are not similar enough to be “like products,” Article III:2
might still apply if the goods fall into the broader category of “directly competitive or
substitutable products.” How much broader this category is than the first is fact driven.
In this case, the panel considered physical characteristics, common end-uses, tariff
classifications, and the relevant market for the products.

India—Quantitative Restrictions on Imports of Agricultural, Textile, & Industrial Products,

p. 298.

1. What causes a balance of payments problem, and why can this be a critical problem for
many developing countries?

Answer: A balance of payments problem may arise when a country’s payments of foreign
exchange exceed receipts. The problem is paramount for developing countries because
their international transactions are usually concluded in a major currency.

2. How did India deal with the balance of payments problem?

Answer: India adopted restrictions on the import of agricultural, industrial and consumer
goods and placed certain goods on a “negative list” which could only be imported by
special license. Other goods were restricted to importation by state agencies.

3. Does GATT generally permit countries to take emergency action in a balance of payments
emergency?

Answer: Yes. However, GATT 1994 requires that states use the least restrictive means
possible for correcting balance of payments problems, specifically, price-based measures
such as surcharges or tariff increases rather than strictly quantitative restrictions on
imports.

4. Why did the panel rule against India?

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Chapter 9: GATT Law and the World Trade Organization: Basic Principles

Answer: The United States contended that the Indian process to issue import licenses was
arbitrary and not fair to foreign exporters. India defended its license-issuing policy
because its economy was still developing, consumer demand was unpredictable, and it
could not precisely estimate the kind or quantity of items that could or should be imported.
As a result, “discretionary” licensing on a case-by-case basis was reasonable for India.
The panel concluded that India’s licensing regimes did in fact damage U.S. trade interests
and recommended that the laws quickly be phased out.

ANSWERS TO QUESTIONS AND CASE PROBLEMS

1. Answer: This answer is a tutorial that requires the student to visit the WTO Web site.

2. Answer: This answer requires outside legal and Web research.

3. Answer: This answer requires outside legal and Web research.

4. Answer: As a matter of general policy, the United States extends permanent normal
trade relations to all of its trading partners with the exception of Cuba and North Korea.
However, some U.S. trade partners are still subject to the Jackson-Vanik Amendment. Some
states have been permanently graduated from applicability of Jackson-Vanik while other states
are subject to continuing reporting requirements. Russia is included in this latter group of states.
Russian political leaders have pressed the United States for “graduate status” on the basis of
Russia’s new stature as a fledging democracy and market economy. Nevertheless, continued
tensions between the United States and Russia with respect to such issues as Russian
assistance to Iranian nuclear programs and U.S. recognition of Kosovo’s independence threaten
to complicate efforts to permanently normalize trade relations.

5. Answer: Although nations may enact consumer protection-motivated laws or those

addressing the health, safety, or morals of its population, the nature of the protection regarding
beef is unclear, other than that this law seeks to “protect” consumers from mistakenly
purchasing non-Korean beef. For example, a labeling requirement for irradiated foods or those
from the U.K. (which has demonstrably diseased cattle) might be justified, but this regulation is
overly restrictive even for its intended use, and, indeed, the intended use suspect. Obviously,
these regulations will favor domestic beef as they reduced the likelihood that stores will choose
to comply with the multiple demands of imported beef sales.

6. Answer: This answer requires outside research, beginning with a review of the noted
Web site. Nevertheless, developed countries represent the majority of disputing parties, but also
account for the greatest share (approximately 75%) of the world’s trade. Both developing and
developed countries are using the WTO because the new procedures ensure that a complaint
will be heard and that sanctions could be imposed (though they rarely are). Both developed and
developing countries have won several disputes. This is an indication that the WTO panels and
Appellate body decide based on the particular facts and the interpretation of the agreement. It is
also an indication that under WTO, unlike GATT 1947, the DSU virtually ensures the adoption of
panel and appellate decisions. The 1994 agreement requires the Dispute Settlement Body
(DSB), a special assembly of the WTO General Counsel that includes all WTO members, to
adopt a panel report or appellate decision automatically and without amendment unless it is
rejected by a consensus. This inverted consensus requires all members of the DSB – including
the member who prevailed in the dispute – to reject the dispute resolution decision. That is, the

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 Chapter 9: GATT Law and the World Trade Organization: Basic Principles

report or decision will be adopted unless no member is formally in favor of the decisions. This is
unlikely to happen since at least one member would be in favor of the decision.

7. Answer: If a member does not abide by its WTO obligations, other affected member
countries are not supposed to retaliate unilaterally, but should file a complaint with the WTO. In
the past, however, nations have retaliated unilaterally. More effective and binding trade dispute
resolution procedures under the WTO may result in fewer cases of unilateral retaliation.

8. Answer: A U.S. quota on imported cars would be problematic. GATT both seeks to
eliminate all quotas and requires members to use the least restrictive means possible for
correcting trade imbalances. Although under some circumstances, GATT allows quotas (such as
to relieve food shortages), this is not such an instance. Further, even a permissible quota would
have to be evenly applied. Therefore, it would have to apply to all foreign imports. The most
frequently used justification for the imposition of quotas (other than with trade in textiles) is the
balance-of-payments exception to the GATT agreement that allows the temporary use of quotas
to correct a balance-of-payments emergency. In such an instance, justification must be given to
the Balance of Payments Committee of the WTO, which subjects the restrictions to surveillance
and periodic review. The means must be transparent and must include a time schedule for
removal of the restrictions.

MANAGERIAL IMPLICATIONS

A trade war or loss of MFN will certainly affect the ability of the firm to obtain its 35% from China
or at the tariff rate that it now does. The goods could be forbidden or taxed at such a high rate as
to make their import obscenely expensive. Students might consider whether the firm should
anticipate such problems and act now to find another country (such as Mexico, under NAFTA) in
which to produce these products. In this way, it could reduce its substantial reliance on the
Chinese production facility/products. Question 6 calls for research on the differences between
conducting business in China and Taiwan.
________________________________________________________________________
ETHICAL CONSIDERATIONS___________________________________________________

This ethical consideration calls for an opinion. Students may access the Convention on the
Protection and Promotion of Diversity of Cultural Expressions on the website of the United
Nations Educational, Scientific and Cultural Organization at http://portal.unesco.org. Students
may also wish to review the U.S. position with respect to this Convention. Two such sources are
interviews with Louise Oliver, the U.S. ambassador to UNESCO on October 21, 2005 and
available at http://www.state.gov and Dana Giola, Chairman of the National Endowment for the
Arts on September 27, 2005 and available at http://www.fpc.state.gov.

TEACHING SUGGESTION / COOPERATIVE LEARNING ACTIVITY:

CUSTOMS CLASSIFICATION OF SUVS

Instructors interested in offering students a greater understanding of customs classifications as

well as the practical effect of such classifications and how seemingly neutral classifications can
in fact be discriminatory may wish to introduce students to the following problem. Two decades
ago, the problem was the classification of vans -- the boxes on wheels design: were they cars or
trucks? This issue has reinvented itself in the form of the SUV -- are they trucks or cars?

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Chapter 9: GATT Law and the World Trade Organization: Basic Principles

Instructors may present the following scenario and the two Customs Classifications and ask
students to advocate on behalf of either classification. Alternatively, instructors may wish to
share this episode with students as additional background.

In 1989, Nissan began importing SUVs into the U.S. Its SUV, the Pathfinder, however, used the
“Hardbody” truck line as its basis for design, incorporating the Hardbody’s frame, side rails, cab,
and front suspension. There were two possible classifications for the vehicles:

Section 8704.31.00: Motor vehicle for the transport of goods.

Section 8703.23.00: Motor cars and other motor vehicles principally designed for the
transport of persons, including station wagons and racing cars.

The “transport of persons” tariff was 2.5%, but the “transport of goods” duty was 25%. The
Customs Service concluded that the Pathfinder was similar to a pick-up truck, declared it a
“transport of goods” vehicle, imposing the 25% duty. Since this would significantly cut into any
hopes for profits, Nissan appealed to the Court of International Trade in Washington. The CIT
trial included test drives of the Pathfinder and comparison vehicles (including the Hardbody),
videotapes of competing vehicles, and expert testimony about engineering, design, and
marketing. The CIT reversed the Customs Service, declaring the Pathfinder a passenger car.
The Customs Service appealed to the federal court of appeals.

That court held that, indeed, the Pathfinder was basically derived from Nissan’s Hardbody truck
line, yet the Pathfinder was based upon totally different design concepts than a truck. The mere
fact that the vehicle was derived in part from a truck, without more, was not determinative of its
intended principal design objectives: passenger transport and off-road capability.

Indeed, substantial structural changes were necessary to meet the design criterion of
transporting passengers: the spare tire and the rear seat when folded down intrude upon the
cargo space; the cargo area is carpeted; a separate window opening in the pop-up tailgate
accommodates passengers loading and unloading small packages without having to lower the
tailgate. For example, the addition of the rear passenger seat required that the gas tank be
moved to the rear and the spare tire relocated, reducing the cargo carrying capacity. By
contrast, the Hardbody truck bed can accommodate loading with a forklift, clearly a design
feature for cargo. Also, to provide a smooth ride for passengers, a new rear suspension was
developed for the SUV.

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Pooku and girded together the ti
leaves as well as the ferns.
Therefore I am now homeward
bound to bury my bones on
Kauai’s shore. If I should die it
would be of no moment to him,
but should it be he who shall
pass away, my companion of
many perils, I will weep for him
alone at Kauai. Both of you go
back.” When Kapaihiahilina
finished what he had to say to
the messengers, they went back,
met the king and reported all that
Kapaihiahilina had said.
In consequence of the
statements made by the
messengers Lonoikamakahiki
became very much aggrieved.
He immediately ordered his two
canoe paddlers, Kapahi and
Moanaikaiaiwa, also
Kipunuiaiakamau and the
adopted child of Kamahualele to
prepare themselves for the
voyage. Prior to
Lonoikamakahiki’s sailing he
commanded Kaikilani,
Kealiiokalani, Kalanioumi and
Keakealani thus: “I am about to
go; stay on the land; let each of
you care for each other and be
o ka hala o Pooku, a hume pu i
ka malo laki, a me ka palai. A
nolaila, ke hoi nei au a waiho
aku na iwi ia Kauai. A ina he
make no’u, aole hoi ana; aka ina
he make nona no kuu hoa ukali
ino, i Kauai no hoi au uwe mai.
O u hoi olua.”
A pau ka Kapaihiahilina olelo
ana i ua mau luna nei, alaila, hoi
aku la laua, a halawai me ke alii
(Lonoikamakahiki), a hai aku la i
na mea a pau a Kapaihiahilina i
olelo mai ai.
A ma keia mea a ua mau elele
nei i olelo mai ai, he mea pono
ole loa ia ia Lonoikamakahiki. A
nolaila, hoolale ae la o
Lonoikamakahiki i kana mau
hoewaa elua, ia Kapahi a me
Moanaikaiaiwa, o
Kipunuiaiakamau ma, o ke keiki
hookama o Kamahualele. A
mamua o kona
(Lonoikamakahiki) holo ana,
kauoha ae la oia ia Kaikilani,
Kealiiakalani, Kalanioumi, a me
Keakealani: “Eia wau ke hele
nei, e noho oukou i ka aina, e
nana kekahi o oukou i kekahi,
mai kekeue oukou. Ina hoi i hele
not envious of one another. If I
go and my companion harkens
to me, then we will return; but
should he listen not, then I will
follow him, and by being
persistent in my search he may
relent, for anger only inflames
and reaches the tips of the ears.”
Lonoikamakahiki having ceased
his admonitions went aboard the
canoes which awaited him and
sailed away. In his search he
met Kapaihiahilina at
Anaehoomalu at the seashore at
the dividing line of Kona and
Kohala. Thus runs the tradition
concerning Lonoikamakahiki’s
search for his companion
Kapaihiahilina:
When Lonoikamakahiki set sail
on his search for his friend,
Kapaihiahilina had already
arrived at Anaehoomalu and
soon afterwards was followed by
Lonoikamakahiki and others.
Lonoikamakahiki saw
Kapaihiahilina sitting on the sand
beach when the canoes were
being hauled ashore.
Lonoikamakahiki immediately
began to wail and also described
au a i maliu mai kuu hoa hele
ia’u, alaila, hoi mai maua, aka
hoi i maliu ole mai kela, alaila,
ukali aku no au mamuli ona
(Kapaihiahilina), a malia paha o
maliu mai i ka ukali loihi ia aku.
Oi-e, he makole ka huhu, o hele
a ka lihi pepeiao.”
A pau ka Lonoikamakahiki olelo
ana i keia mau olelo, kau aku la
oia iluna o na waa a holo aku la.
Ia imi ana a Lonoikamakahiki,
halawai aku la oia me
Kapaihiahilina ma Anaehoomalu,
ma ke kaha, ma ka palena o
Kona a me Kohala. A penei no
ka moolelo oia imi ana a
Lonoikamakahiki.
I ka manawa i imi aku ai o ua o
Lonoikamakahiki, ua pae mua
aku o Kapaihiahilina i
Anaehoomalu a mahope aku
lakou nei (Lonoikamakahiki ma).
A i ka manawa i ike aku ai o
Lonoikamakahiki ia
Kapaihiahilina e noho mai ana i
kaha one, ma kahi e kau ana na
waa o lakou (o Kapaihiahilina
ma), alaila, uwe aku la o
Lonoikamakahiki, ma ka uwe
their previous wanderings
together. Kapaihiahilina
recognizing the king also
commenced wailing. When they
came together and had ceased
weeping and conversing, then
Lonoikamakahiki made a
covenant between them, that
there would be no more strife,
nor would he harken to the voice
of slander which surrounds him,
and in order that the
understanding between them
should be made binding,
Lonoikamakahiki [362]built a
temple of rocks as a place for
the offering of their prayers and
the making of oaths to
Lonoikamakahiki’s god to fully
seal the covenant.
Kapaihiahilina observed that
Lonoikamakahiki was sincere in
his desires and at that moment
gave his consent to return with
Lonoikamakahiki. After their
religious observance at this
place they returned to Kona and
resided at Kaawaloa, in South
Kona.
(Tradition says because of the
helu ana, e like me ka laua hele
ana. A ike mai la no hoi o
Kapaihiahilina i ka uwe helu aku
a ke alii, alaila uwe helu mai la
no hoi oia.
A ia laua i halawai ai, a pau ka
laua uwe ana a me ka laua
kamailio ana, alaila kau iho la o
Lonoikamakahiki i olelo hoohiki
mawaena o laua, aole e loaa
hou kekahi [363]kue, aole hoi e
hoolohe i na olelo akiaki a kona
mau aialo. Aka, i mea e paa io ai
ka laua hoohiki, nolaila, kukulu
iho la o Lonoikamakahiki i wahi
ahu pohaku (heiau), i wahi no
laua e pule ai me ka hoohiki
imua o ke akua o
Lonoikamakahiki, no ka hoopaa
ana i ko laua hoohiki ana.
A ike aku la o Kapaihiahilina ua
hooiaio mai o Lonoikamakahiki i
kana hoohiki ana, ia manawa ko
Kapaihiahilina ae ana aku e hoi
me Lonoikamakahiki. A pau ka
laua kapu heiau ana malaila, hoi
aku laua i Kona, a noho iho la
ma Kaawaloa, ma Kona Hema.
(Ua oleloia ma ka moolelo o ko
covenant entered into for the
erection of the mound of rocks at
Anaehoomalu, the boundary
between Kohala and Kona was
named Keahualono, and that
place has been known ever
since by that name signifying the
erection of a mound of rocks by
Lonoikamakahiki.)
After Lonoikamakahiki and
Kapaihiahilina had returned
home he resumed the office of
premier as formerly. After his
reinstatement to his former
position a conference was held
between him and the king as to
how to get rid of the slanderers
of Kapaihiahilina from the royal
presence. It is stated that
Kapaihiahilina had refused to
return to Kona with
Lonoikamakahiki at the time they
met at Anaehoomalu, the exact
conversation running as follows:
“I will not return with you again
until those who slandered me be
got rid of from your presence;
then only will I return with you.”
By reason of this the conference
was held. Lonoikamakahiki
sought the wishes of
Kapaihiahilina as to what
laua hana ana i olelo hoohiki no
ke kukulu ana i ke ahu pohaku
ma Anaehoomalu, ua kapaia ka
inoa o ia palena mawaena o
Kohala a me Kona “O
Keahualono”; o ka inoa mau ia
oia wahi a hiki mai i keia
manawa; oia hoi ke kukulu ana o
Lonoikamakahiki i ahu pohaku).
A i ka hoi ana o Lonoikamakahiki
me Kapaihiahilina, noho hou iho
la o Kapaihiahilina ma kona
noho kuhina nui e like me ka
noho mua ana. A mahope mai o
ko Kapaihiahilina noho kuhina
hou ana, alaila, kukakuka ae la o
Kapaihiahilina me
Lonoikamakahiki, i mea e
kaawale aku ai ka poe nana i
niania wale ia Kapaihiahilina mai
ke alo alii aku. No ka mea, ua
hoole aku ua o Kapaihiahilina ia
Lonoikamakahiki i ko laua
halawai ana ma Anaehoomalu.
A penei ka olelo ana: “Aole au e
hoi hou aku me oe, aia a
kaawale aku ka poe nana i
niania wale ia’u mai kou alo aku,
alaila, hoi aku au me oe.” A no ia
mea, i kukakuka ai o
Lonoikamakahiki me
Kapaihiahilina. Aka, ua ninau
disposition should be made of
his slanderers, whether they
should be slain, and if that, it
was agreeable to him also.
Should Kapaihiahilina express
the desire to banish them,
Lonoikamakahiki would
acquiesce to that also.
Lonoikamakahiki was bent on
satisfying Kapaihiahilina’s every
wish.
At the conference stated for the
consideration of this matter
Kapaihiahilina decided to put to
death those who had slandered
him. In order to mitigate the
horrible death which the
slanderers would meet, by actual
killing, it was decided that they
should die in war. In this manner
were the slanderers put out of
existence. Kapaihiahilina ever
after became firmly entrenched
as a favorite, and he acted as
premier even up to the time of
his death.
Thereafter, and up to the time of
Lonoikamakahiki’s death, there
aku o Lonoikamakahiki i ko
Kapaihiahilina manao no ka poe
nana i niania wale oia, ina paha
o ka make ko Kapaihiahilina
makemake, oia no; alaila, o ko
Lonoikamakahiki makemake no
ia. A ina o ke kipaku ko
Kapaihiahilina makemake, alaila
pela no, o ko Lonoikamakahiki
manao no ia. E like me ka
Kapaihiahilina mea e koi ai,
malaila aku no o
Lonoikamakahiki.
A nolaila, ma kela kuka ana a
laua ma keia mau mea, ua
hooholo ko Kapaihiahilina
manao, e pau i ka make ka poe
nana i niania aku. Aka hoi, i mea
e pau ai ko lakou make mainoino
ana ma ka pepehi maoli aku,
nolaila, ua waihoia ko lakou
make maloko o ke kaua ana. A
pau iho la ka poe nana i niania
wale ia Kapaihiahilina i ka make.
A mahope iho o ia manawa, kau
pono iho la o Kapaihiahilina ma
kona noho punahele ana, ma ka
aoao kuhina nui a hiki i kona
make ana.
Ma ia hope mai a hiki i ko
Lonoikamakahiki make ana, aole
were no more wars, no
rebellions; all was peaceful. After
Lonoikamakahiki’s death it is
said that the kingdom of Hawaii
became the patrimony of
Keakealani, and from his reign
on to that of the successive
kings until the time of
Kamehameha, we are told by
tradition that no great wars ever
again took place. During the
reign of Keoua, however, the
several district chiefs rebelled.
[257]
he mau kaua ana, aole no hoi he
kipi, he maikai wale no. A hala o
Lonoikamakahiki i ka make, ua
oleloia, ua lilo ke Aupuni o
Hawaii ia Keakealani. A mai ka
manawa i lilo ai o Hawaii ia
Keakealani a hiki i na ’lii aimoku
mahope mai ona, a hiki ia
Kamehameha, aole i ikeia ma
keia moolelo na kaua nui ia
manawa. Aka, i ko Keoua
manawa i noho ai ke kipi ana o
na alii aiokana. [364]

1 Lonoikamahiki, frequently referred to

as Lono, was a grandson of Umi by
his wife Kapukine-a-Liloa. ↑
2 Father of Lono. ↑
3 A famous game of the ancients, the
slender spears for which were made
from the hard, close-grained, heavier
woods; a sort of javelin, some five or
six feet in length, thicker at one end. ↑
4 This was a stone disk for rolling
along, or down, regularly prepared
courses; a very popular game of olden
time. ↑
5 Another great gambling game. This
favorite game of Hawaiians was, as
here shown, a test of strength and skill
in gliding or skipping the arrow along
the ground the greatest distance. While
the bow was known among the people,
it had no use in these arrow contests. ↑
6 The club was a war weapon which
was much practiced with to attain
proficiency in the various right-, or left-
hand, or other “strokes” therewith,
termed the hauna—shortened from hau
ana. There are marvelous tales told of
the skill of famous warriors in its use,
as also of the enormous size and magic
power of many noted implements. The
favorite club of a chief or warrior was
named, and was thereafter identified
with him. ↑
7 Umu, or imu; a ground oven of
heated stones. ↑
8 This was the general war weapon of
the aliis and their immediate
attendants, their body guard, with which
much practice was had to attain skill in
its use as a weapon of offense and
defense. Spears were not the general
army weapon. ↑
9 The account here given of the use of
the sling was as a war weapon; it
was also used for sports and betting
contests. Slings were made of coconut
fibre, usually with much care. ↑
10 An apparent recognized custom of a
child’s seeking favor, or recognition,
as in the case of Umi on his visit to
Liloa. ↑
11 This alleged ignorance of idols in
one at Lono’s age, so closely related
to the head of the system, is difficult to
understand, unless it was purposely
designed by his kahus (guardians) until
he had reached the years of discretion,
when he was to be made familiar with
the idols and their supposed
significance and powers. It was not so
in the case of Liholiho who assumed
some of the temple services of his
father, Kamehameha, at a very early
age. ↑
12 Implying, you cannot be hidden from
him. ↑
13 Hoopaapaa is to dispute; wrangle;
contend stubbornly; debate; to have
a mental contest of language and wit.
Sometimes given as hoopapa. ↑
14 This is said to be the first instance of
a chiefess ruling in Hawaii, although
tradition shows Kauai to have been so
governed much earlier. ↑
15 All articles seem to have special
names, whether a clothes container,
club, or famed kahili. ↑
16A favorite pastime of the chiefs; a
game very much resembling
checkers. ↑
17 This is a covert phrase for
identification; a play upon the name
of her lover’s father, Kalaulipali. ↑
18 These casual remarks as a chant
indicating a situation in the game,
are quoted in konane contests to this
day. ↑
19This revolt was an evidence of
Kaikilani’s popularity, which revolt,
however, she would not countenance. ↑
20 All chiefs of note are supposed to
possess name songs in their
honor. ↑
21 This reveals the method of
memorizing name songs, etc., of
olden time. ↑
22In the spirit of rivalry existing
between these kings this new name
chant was an opportune test of their
powers of memory and narration. ↑
23 Liu, generally accepted as mirage,
and so here used, is probably a
shortening of liu-a, to see indistinctly;
otherwise the definitions of the word fail
to apply. ↑
24 Iliau (Wilkesia gymnoxiphium); a low
plant, something of the silversword
order, found on Kauai and elsewhere. ↑
25 Aliaomao, said to be the god of the
year, of which there are doubts. Alia
was the name of two sticks carried
before the procession as emblems of
the god; hence, perhaps, the idea that
Omao was the god referred to. Some
versions of this chant give it as
Aliaopea. ↑
26 Series of names of personages. ↑
27 Falling this way and that; topsy-turvy
conditions. ↑
28 Lonoikamakahiki, referring to
himself. ↑
29Another version gives this line as
Noi aku Kamahu a ola; Kamahu
asked for and obtained life, in place of
Kamahuola asked, as in this case. ↑
30 A royal ancestor running back some
ten generations. ↑
 The narrator here pauses in his
31
boasting changes. ↑
32 Over or above Alaeloa, in Kaanapali,
Maui. ↑
33 The chanter here enters on a play of
names. ↑
34 All west Maui lands. ↑
35 The other version gives this as
Hokea; likely an error. ↑
36 Paie intended probably for Paia,
Maui. ↑
37 Probably intended for Kahoolawe,
though its connection is not clear. ↑
38 Hills likened to the palm-thatched
houses of the temple. ↑
39 Oopu, a small mud-fish, said to be
so tame as to cling to one’s hand. ↑
40 Kala (Monoceros unicornis), a
sacred fish. ↑
41 Loyal devotion and self-sacrifice, as
Loli was one of the two guardians
who reared Lono from early
childhood. ↑
42 Ahi (Germo germo), albacore. ↑
43The reference made throughout this
tradition to the “god of
Keawenuiaumi” never once reveals its
name. It must have been the god Kaili
which Liloa transmitted the charge of to
Umi, and doubtless descended to
Keawenuiaumi, thence to
Lonoikamakahiki. ↑
44 Ulua (Carangus ignobilis), as also
other varieties; credited as the
gamiest fish in Hawaiian waters. ↑
45 In the former version this is given as
Honokea. ↑
46 A plea for recognition. ↑
47 The kissing of olden time is well
borne out in its native term, “honi ka
ihu,” touch or smell the nose. ↑
48 Lono realizes the duplicity of these
adherents of Kakuhihewa, seceders
from Hawaii’s court. ↑
49 Or, “I will flay you alive.” ↑
50 Showing the method of enshrouding
and decorating the bones of the
alii. ↑
51 This was probably one of high rank
rather than a chief, in which case it
refutes the idea that the wohi was a
“royal title assumed only by the Oahu
chiefs of the highest rank until
comparatively modern times.” ↑
52 The important battle of Puumaneo
here spoken of must have been a
rebellion against Keawenuiaumi. The
carrying about of the bones of the
vanquished chiefs by a successor of
the victor is shown in this case to have
been for the purpose of evidence, and
they are identified by one who
participated in the conflict. ↑
53This closing line of these several
chants simply indicates it as
sectional; a sort of “to be continued.” ↑
54 Some confusion prevails in the
brother-cousin term of relationship
used by the translator, which arises
from the fact that the word kaikaina
applies equally to a younger brother or
a cousin. The same difficulty occurs in
the term makuakane as father or uncle,
and makuahine as mother or aunt. ↑
55 The koolauwahine of the original
was a peculiar wind of Kauai. ↑
56 A more literal rendering would be,
“We have seen the god weep.” ↑
57A peculiar grass, of legendary fame,
found on Kauai. Also the name of a
choice lace-like kapa. ↑
58Ohai, a flowering shrub (Sesbania
grandifolia) which turns its leaves
down at night. ↑
59 The erection of this historic temple of
Puukohola is generally credited to
Kamehameha I, in obedience to the
instructions of Kapoukahi, Kauai’s
renowned prophet, whereby he would
obtain supremacy over Hawaii without
more loss of life.—Pol. Race, vol. I, p.
240. According to this tradition it is
shown that Kamehameha’s work was
simply one of reconstruction and
reconsecration to his war god
Kukailimoku, for victory over his
opponents, and it is a coincidence that
the same deity as Kaili, Lono’s war god,
presided here, as also at the heiaus of
Muleiula, in Kohala, and Makolea in
Kahaluu, Kona, in their consecration by
Lono as acknowledgment for his
victories.—Ib., p. 122. ↑
60 The war being directed by the
priests instead of by tried warriors of
the king shows their notion of being
directed by the deities in temple
services. ↑
61 A lively similitude of utter routing. ↑
62 By the force of wind in the swirl of
the war club. ↑
63Elder son of Kaikilani by
Kanaloakuaana; hence, likely, the
assistant toward his escape. ↑
64 Puholo: to cook by steaming. The
food desired to be cooked is placed
in a container, usually a calabash,
together with the ingredients necessary
to make it palatable; one or more hot
stones are dropped into the container
and it is covered up and left to steam till
cooked. Food prepared in this way is
more delicious than when kalua-ed
(underground cooking). ↑
65 Three successive mouthfuls, or by
the time required for its chewing. ↑
66 A proverb of ridicule. ↑
67 An insight this of Hawaiian strategy
and method of warfare. ↑
68 Koae, the bos’n bird (Phaëthon
lepturus). ↑
69 Low in comparison. ↑
70Popolo, a medicinal herb (Solanum
nigrum, L.); an article of food, also,
when cooked. ↑
71 Kamakahiwa, the black eye, from
having had his eyes tatued. ↑
72 Kanaloa refers to Kanaloakuaana. ↑
73 An epithet of same. ↑
74 Paweo, averted eye; used here to
signify the sightless pearl-oyster of
Ewa lagoon, famed as sensitive to
sound, thereby enabling it to sense the
presence of man. ↑
75 Olowalu, tumultuous noise;
announcement of chief’s kapus,
etc. ↑
76 Name of one of the sacred drums
introduced by Laamaikahiki. ↑
77Realizing he has been entrapped,
Kamalalawalu begins to sue for
peace. ↑
78 Keep on with the battle until one of
us is on the altar, as an eminent
authority puts it, the meaning of which
is virtually, to fight on till death, when
will be seen who is the bravest.
Nananuu, or lananuu, was the tall
scaffold structure in the temple wherein
the sacrifice was placed, and in front of
which stood the idols and the lele, or
altar. ↑
79 Paimalau, bait boxes; receptacles
for live bait preferred in aku fishing. ↑
80 Hala kaao, unripe fruit of the
pandanus. ↑
81 A mythical tree credited to Kauai. ↑
82 An awa of especially satisfying
quality. ↑
83 Awa lau hinano describes a fragrant
awa resembling in perfume the
hinano blossom of the pandanus. ↑
84 Continuous changing rains. ↑
85 Kinau, a sand eel. ↑
[Contents]
History of Kualii.
CHAPTER I.
Kualii’s Character and Doings.
In the legends and traditions the names of a large number
of chiefs are spoken of that do not appear in the
genealogical records from Opuukahonua to Liloa, and
even from then on to Kamehameha. The name of Kualii is
omitted in the genealogical records of the chiefs, but his
history and doings have often been spoken of. 1 It is told
that Kualii was once king of these islands, and in one of
his characters 2 he was known to have possessed certain
knowledge from a god, and at times even assumed the
real attributes of a supernatural being.
Kualii was a celebrated chief and noted for his strength
and bravery; he was known to have won all the battles
fought by him, defeating his enemies every time. He was
also known for his great desire for war. It is said of Kualii
that he began fighting battles in his childhood and so
continued until he reached manhood. The following story
exhibits some of the extraordinary traits in the character of
this man.
When he was well advanced in life and unable to walk, he
ordered his servants to make him a network of strings
(koko). 3 And in accordance with the wish of Kualii his
servants proceeded to carry it out. In the engagement of
Kualii here on Oahu, against the chiefs from Koolauloa,
sometime after the reign of Kakuhihewa over Oahu, or
possibly at a time prior to the reign of Kakuhihewa (the
exact time not being very clearly ascertained), which
engagement was to be upon the plains of Keahumoa at
Honouliuli, Ewa, he was carried by his men in a network
of strings. No actual fighting occurred, however, as the
Moolelo o Kual
MOKUNA I.
Ko Kualii Ano a me Kan
Ma na kaao a me na moolelo, ua nui na alii i
papa hoonohonoho mookuauhau mai a Opu
Liloa, a ma ia hope mai a hiki ia Kamehameh
ikeia ma ka papa hoonohonoho mookuauhau
kamailio mau ia nae kona moolelo no kona a
Ua oleloia o Kualii he alii no Hawaii nei, a o k
akua ka mea nona mai kona ike, a he akua m
kekahi ano i kekahi manawa.
He alii kaulana o Kualii, no ka ikaika a me ke
oia iloko o na hoouka kaua maluna o kona p
oia no kona puni kaua. Ua oleloia o Kualii, ua
mai ka manawa kamalii mai a hiki i kona hoo
mea kupanaha no Kualii; i ka manawa i elem
ke hele, alaila, kauoha ae la oia i kona mau k
like me ka makemake o Kualii, a pela i hana
kanaka.
A i ka hoouka kaua ana o Kualii ia Oahu nei
mai, i ka manawa mahope mai o ko Kakuhih
Oahu nei, a i ole ia, i ka manawa paha mam
Kakuhihewa noho alii ana, (aole nae i maopo
hoouka kaua ana i ke kula o Keahumoa ma
koko kona laweia ana, i auamoia e na kanak
kaua ana, ua hoomoe wale ke kaua, a hui na
wale.
O ka nui o na kanaka o Kualii ma ia hoouka
like me umikumamalua tausani, a o ka nui o
two armies upon coming together entered into a
declaration of peace. 4 The number of men under Kualii in
this contest was three mano, 5 which is equal to twelve
thousand, and the number of men comprising the other
army was three lau, which is equal to twelve hundred; and
the reason why the battle was not fought is told in the
following story.
Kapaahulani the elder and his younger brother
Kamakaaulani were men who were in search of a new
master 6 or lord, so they composed a mele, or chant, and
after it was completed placed it to Kualii as his name.
Shortly after the two men had completed [366]the mele
they held a conference as to the proper course for them to
follow in order that they might both reap equal benefit.
Following is how they decided which course to pursue
while all by themselves and before the mele was made
public:
“Since we have composed and completed this mele, you
(Kamakaaulani) must therefore go and give its name to
Kualii, and I (Kapaahulani) will go to the other chief and
urge him to make war upon Kualii. And when we become
acquainted of the place where the battle is to be fought 7
then you are to take Kualii to the place and there conceal
yourselves in the bushes. You are to leave a mark on the
road, however, so that I may be informed of your being
there. I will then stand and chant this mele that we have
just composed.”
After completing their arrangement, Kamakaaulani gave
out the mele which was known as the name of Kualii.
Some considerable time after this, these two brothers
again got together and decided upon the time when they
should bring about what they had agreed upon. The
following is what they said at this last meeting while by
themselves:
Kamakaaulani: “You go to the chief of Koolauloa 8 and
bring him to the plains of Keahumoa 9 where we will
conceal ourselves. When you see a knotted ti leaf and the
tail of a small fish (aholehole) 10 on a pile of sugar-cane
peelings, then remember that it is the sign that we are
there and you can stand on that spot and chant the mele.
This must, however, be on the eve of Kane. 11 You will find
us on the plains of Keahumoa.” As soon as this was
agreed upon, Kapaahulani proceeded on his way to meet
the chief of Koolauloa. When Kapaahulani reached
Waialua where the chief of Koolauloa had come and was
residing for the time being, soon after his arrival there he
kaua ekolu lau, ua like me hookahi tausani e
moolelo no ia hoouka kaua ana i hoopau wa
O Kapaahulani ka mua, a o kona kaikaina o
kanaka imi haku laua, a na laua i haku i mele
inoa no Kualii. I ka manawa nae i haku ai ua
ke mele, alaila, kuka ae la laua i mea e pono
mea e loaa like ai ia laua like ka pomaikai. [3
A penei ka laua olelo ana, oiai o laua wale m
o ka puka ana o ua mele nei ma ke akea: “H
nei kaua i keia mele a holo, alaila, e hele oe
hooili aku i ka inoa no Kualii, a owau hoi (Ka
kela alii, e lawe mai e kaua ia Kualii. Aia a m
hoouka ai ke kaua, alaila, malaila oe e lawe
pee oukou ma ka nahelehele, e hoailona oe
waiho ai ma ke alanui, i maopopo ai ia’u aia
ku no wau a kahea aku i ke mele a kaua e ha
olelo, alaila hooili aku la o Kamakaaulani i ke
a lilo iho la ia he inoa no Kualii.
He mau manawa he loihi ma ia hope mai, ala
laua i ka manawa e hookoia ai ka laua mea i
ka laua olelo kuka hope, oiai o laua wale.
Kamakaaulani: “E hele oe a ke alii o Koolaul
ke kula o Keahumoa, malaila makou e pee a
oukou, a i ike oe i ka lai i nipuu ia, a me ka h
ana maluna o ka puu ainako, alaila, e manao
e ku ae no oe a kahea ae i ua mele la. Aia na
Kane a ao ae, e loaa no makou ma ke kula o
laua olelo, alaila, hele aku la o Kapaahulani e
Koolauloa.
I kekahi manawa o Kapaahulani ma Waialua
o Koolauloa malaila ia manawa, hoolauna ak
alii, me ke koi aku e kii e kaua ia Kualii.
introduced himself to the chief, and thereupon urged him
to go and make war on Kualii.
On a certain evening while the priests and the chief were
watching the heavens in order to discover if they could
defeat Kualii, the astrologers, after a careful study, were
certain that their army would not be able to overcome the
army of Kualii. When Kapaahulani heard the decision
arrived at by the priests of the chief of Koolauloa, he
remarked to one of the chief’s attendants: “You go to the
chief and tell him for me that his priests are mistaken in
their interpretations.” Upon hearing this remark made by
Kapaahulani, the man went and said to the chief: “O
Chief, that man (Kapaahulani) has just said that your
priests are mistaken in their interpretations.” The chief
replied: “You go and bring that man to me. Let him come
and say what he has told you.”
Kapaahulani was then sent for and he was brought in the
presence of the chief, who asked him: “Is it true that you
have said that my priests are mistaken in their
interpretations?” Kapaahulani replied to the chief: “Yes, it
is true your priests are [368]mistaken in their
interpretations; because according to what I have seen,
being also a great priest, and in accordance with the
knowledge gathered by my ancestors and handed to me
by them, your priests have indeed made a mistake in their
interpretations to you, O Chief.” Upon hearing this the
chief asked Kapaahulani: “What are your interpretations
then? It is proper that you relate them.” Kapaahulani then
replied to the chief: “My interpretations are these: If we go
and make war upon Kualii, we will be victorious in that
battle. I believe that if we could go and make war upon
Kualii tomorrow, and it should happen that we meet him in
the early morning, that by noon the battle would not be
fought; 12 but if we happen to meet his army at noon time
we would defeat him early in the evening.”
Because of these remarks, the chief thereupon ordered
his men, amounting to three lau (twelve hundred) to get
ready to go to war. That night they went to the upper part
of Lihue, and from there on down to Honouliuli, till they
arrived on the plains of Keahumoa, just as the sun was
coming up. At this same time Kapaahulani saw the mark
agreed upon by him and his brother. He then rushed to
the front of the army to the chief warriors and spoke to the
people in the chief’s immediate circle as follows:
“Say, Nuunewa (the chief warrior), we are surrounded by
the enemy. I had thought that we would be the victors if
I kekahi ahiahi, i na kahuna a ke alii e nana a
mea e maopopo ai ko lakou lanakila ana ma
nana ana a na kahuna kilokilo lani, ua maopo
ko lakou puali maluna o Kualii. A lohe aku la
olelo a na kahuna a ke alii o Koolau, alaila o
kamaaina e pili ana i ke alii: “E hele oe a ke a
olelo ua lalau ka ike a na kahuna a ke alii.”
A no keia olelo a Kapaahulani, alaila, laweia
olelo imua o ke alii, a hai ia aku la me ka i ak
olelo mai nei kela kanaka (Kapaahulani) ua l
kahuna au.” I mai la ke alii: “E kii oe i ua kan
olelo i kana mea i kamailio mai nei ia oe.”
Alaila, kiiia aku la o Kapaahulani, a laweia m
ninau aku la: “He oiaio anei, ua olelo mai nei
kuu mau kahuna?” I aku la o Kapaahulani i k
lalau ka ike a ko mau kahuna; aka, ma ko’u i
nui, e like me ka mea i aoia ia’u mai ko’u ma
ia’u, he lalau io no ka ike a ua mau kahuna n
A no keia mea, olelo aku la ke alii ia Kapaah
ike? E pono ke olelo mai.”
Olelo aku la o Kapaahulani i ke alii: “O ka’u i
kaua ia Kualii, alaila, e lanakila no kakou ma
manao nei wau, ina e kii kakou i ka la apopo
kakou me ke kaua i ka ehu kakahiaka, hoom
awakea. A ina hoi i halawai kakou me ke kau
hee ia kakou i ka ehu ahiahi.”
A no keia mea, hoolale ae la ke alii i na pual
kumamalua haneri), ka nui o na koa, e hoom
ke kaua. Ma ia po, hele ae la lakou a uka o L
iho i Honouliuli, a hiki lakou i ke kula o Keahu
ana mai a ka la e puka. Aia hoi ike aku la o K
hoailona a laua i a’oa’o ai; ia manawa, lele m
mamua o ka pu kaua o ke alii, a olelo aku la
alii: “E Nuunewa (ka pukaua), ua puni kakou
nei hoi na kakou ke kaua e hiki mua ianei, ei
kakou i ke kaua. Nolaila, e kuu ae wau i kuu
pule i keia kakahiaka, pakele kakou, aka, i ku
ino kuu pule i keia la, pau kakou i ka make.”
we arrived here first, but I see that we are surrounded.
Therefore I will chant my prayer, and if it should be
acceptable this morning, we will be saved; but if I chant
my prayer and it should end badly this day, then we will all
be killed.”
Because of these remarks spoken by Kapaahulani, the
chief’s priests spoke up saying: “It does seem strange.
You told us that we would not be surrounded by the
enemy, and that we would be victorious if we were to
reach this place first; but it now turns out that we are
surrounded by the enemy.”
The chief then spoke up: “Stop your remarks. We have
staked the life and death of the army in his keeping,
therefore we must abide by what he says. If what he says
is true, that we are indeed surrounded by the enemy, then
it will redound to his own good, and he shall be rewarded.
But in case he lies and is deceiving us, then my firm
command as to his treatment is this: he shall die, and all
his relations also, and death shall gather up even those
who befriend him.”
Kapaahulani then stood up in the presence of the army
and prayed by chanting the mele composed by him and
his brother. [370]
CHAPTER II.
THE CHANT 13 AS REPEATED BY
KAPAAHULANI.
A messenger 14 sent by Maui 15,
Sent to bring Kane 16 and Kanaloa,
Kauakahi 17 and Maliu.
While great silence prevails as prayers are being uttered;
While the oracles of Hapuu 18 are being consulted, O
Chief. 5
The great fish-hook of Maui,
Manaiakalani 19 was its fish-line,
The earth was the knot. 20
Kauiki 21 like the winking stars towering high.
Hanaiakamalama 22 [lived there]. 10
The bait was the alae 23 of Hina
Let down to Hawaii,
A no keia olelo a Kapaahulani, olelo ko’a ma
me ka i mai: “He mea kupanaha! Olelo mai n
kakou e puni ana i ke kaua, na kakou ke kau
wahi; eia ka hoi, ua puni iho nei kakou i ke ka
I mai ke alii: “Ua oki ka oukou olelo, ua kuu a
me ka make o ka puali ia ia nei. Nolaila e po
hoolohe i ka ia nei olelo. A ina he oiaio ka ia
ka kakou i ke kaua, alaila o kona pono no ho
aka, he wahahee na ia nei, alaila, eia kuu ole
e make ia nei, a make mai me kona hanauna
make a hiki i kona poe hoaikane mai.”
Ia manawa, ku ae la o Kapaahulani imua o k
ma ke mele a laua i haku ai me kona kaikain
MOKUNA II.
KA PULE ANA A KAPAA
He elele kii na Maui,
Kii aku ia Kane ma, laua o Kanalo
Ia Kauakahi, laua o Maliu.
Hano mai a hai a hai i ka pule,
Hai a holona ka Hapuu e Kalani.
Ka makau nui a Maui,
O Manaiakalani kona aha,
Hilo honua ke kaa.
Hauhia amoamo Kauiki;
Hanaiakamalama. 10
Ka maunu ka alae a Hina.
Kuua ilalo i Hawaii,
Kahihi kapu make haoa,
Tangled with the bait 24 into a bitter death, 25 Kaina Nonononuiakea
Lifting up the very base 26 of the island E malana i luna i ka ili kai. 15
To float on the surface of the sea. 27 15 Huna e Hina i ka eheu o ka alae,
Hidden by Hina 28 were the wings of the alae. Wahia ka papa ia Laka,
Broken was the table 29 of Laka. A haina i lalo ia Wakea.
Carried far down to Kea, 30 Ai mai ka ia, o ka ulua makele,
The fish seized the bait, the fat, large ulua. 31 O Luaehu, kama a Pimoe, e Kala
Luaehu, 32 offspring of Pimoe, O thou great chief! 33 20 O Hulihonua ke kane,
Hulihonua the husband, O Keakahulilani ka wahine;
Keakahulilani the wife; 34 O Laka ke kane, o Kapapaiakele
Laka the husband, Kapapaiakele the wife; O Kamooalewa ke kane,
Kamooalewa the husband, O Nanawahine kana wahine; 25
Nanawahine his wife; 25 O Maluakapo ke kane,
Maluakapo the husband, O Lawekeao ka wahine;
Lawekeao the wife; O Kinilauaemano ke kane,
Kinilauaemano the husband, O Upalu ka wahine;
Upalu his wife; O Halo ke kane, o Koniewalu ka w
Halo the husband, Koniewalu the wife; 30 O Kamanonokalani ke kane,
Kamanonokalani the husband, O Kalanianoho ka wahine;
Kalanianoho the wife; O Kamakaoholani ke kane,
Kamakaoholani the husband, O Kahuaokalani ka wahine;
Kahuaokalani the wife; O Keohokalani ke kane, 35
Keohokalani the husband, 35 O Kaamookalani ka wahine;
Kaamookalani the wife; O Kaleiokalani ke kane,
Kaleiokalani the husband, O Kaopuahihi la ka wahine;
Kaopuahihi the wife; O Kalalii la ke kane,
Kalalii the husband, O Keaomele la ka wahine; 40
Keaomele the wife; 40 O Haule ke kane,
Haule the husband, O Loaa ka wahine;
Loaa the wife; O Nanea ke kane,
Nanea the husband, O Walea ka wahine;
Walea the wife; O Nananuu ke kane, 45
Nananuu the husband, 45 O Lalohana ka wahine; [373]
Lalohana the wife; [372] O Lalokona ke kane,
Lalokona the husband, O Lalohoaniani ka wahine;
Lalohoaniani the wife; O Hanuapoiluna ke kane,
Hanuapoiluna the husband, O Hanuapoilalo ka wahine; 50
Hanuapoilalo the wife; 50 O Pokinikini la ke kane,
Pokinikini the husband, O Polehulehu la ka wahine;
Polehulehu the wife; O Pomanomano la ke kane,
Pomanomano the husband, O Pohakoikoi la ka wahine;
Pohakoikoi the wife; O Kupukupunuu la ke kane, 55
Kupukupunuu the husband, 55 O Kupukupulani ka wahine;
Kupukupulani the wife; O Kamoleokahonua ke kane,
Kamoleokahonua the husband, O Keaaokahonua ka wahine;
Keaaokahonua the wife; O Ohemoku ke kane, O Pinainai
Ohemoku the husband, Pinainai the wife; O Mahulu ke kane, 60
Mahulu the husband, 60 O Hiona ka wahine;
Hiona the wife; O Milipomea ke kane,
Milipomea the husband, O Hanahanaiau ka wahine;
Hanahanaiau the wife; O Haokumukapo ke kane,
Haokumukapo the husband, O Hoao no ka wahine; 65
Hoao was the wife; 65 O Lukahakona ke kane,
Lukahakona the husband, O Niau ka wahine;
Niau the wife; O Kahiko ke kane,
Kahiko the husband, O Kupulanakehau ka wahine;
Kapulanakehau the wife; O Wakea la ke kane, 70
Wakea the husband, 70 O Papa ka wahine.
Papa the wife.
Hanau ko ia ka lani he ulahiwa nu
A chief was conceived and born, a great red fowl. He alii o Pineaikalani, ko kupunak
A chief was Pineaikalani, thy grandfather, Hanau ka lani he alii;
A chief who begot a chief, Hua mai nei a lehulehu; 75
Bearing innumerable offspring. 35 75 Kowili ka hua na ka lani;
Mixed are the seed of the noble chief, Lele wale mai nei maluna.
Clamoring to be recognized Ka leina a ka lani weliweli.
As being of thy stock, O dread chief. He alii pii aku, koi aku, wehe aku,
A chief ascending, urging on, opening upwards A loaa i ka lani paa ke alii. 80
Until the heaven is reached, 36 where the king is held fast. E Ku e (Kualii), he inoa.
80 Ina no oe, i ona?
This, O Ku, Kualii is thy name. 37
Dost thou not already stand at its height? 38 O Ku o ke koi makalani!
Kakai ka aha maueleka,
O Ku, thou axe of chiefly edge! 39 Na Ku! kohia kailaomi e Ku! 85
The train of clouds 40 along the horizon doth march Kai Makalii, kai Kaelo,
For Ku, the edge of the sea is drawn 41 down by Ku. 85 Kai ae Kaulua.
The sea of Makalii, the sea of Kaelo, Ka malama hoolau ai a Makalii
The rising sea in Kaulua. O ke poko ai hele, ai iwi na.
The month of Makalii 42 in which the food bears leaf, Ka pokipoki nana i ai ka iwi o Alak
The worm that eats as it crawls, even to the rib. O ka makua ia o Niele o Lauineni
The sea-crab 43 that ate the bone of Alakapoki 90 O kanaka o ka wai.
Who was the parent of Niele of Lauineniele, 44 O Ku, ke alii o Kauai.
The people of the water. 45
Ku, the king of Kauai. O Kauai mauna hoahoa,
Kauai with its high 46 mountains. Hohola i lalo o Keolewa. 95
Spread down low is Keolewa, 47 95 Inu mai ana Niihau ma i ke kai-e.
Niihau and the others 48 are drinking the sea. O Kiki ma ka kai Keolewa.
Ah, it is Kiki and his company that are at Keolewa, O Kamakauwahi ma ka kai luna e
Kamakauwahi and his company that are above, O Hawaii.
O Hawaii.
O Hawaii, mauna kiekie. 100
Hawaii of high mountains; 100
Hoho i ka lani Kauiki;
Towering unto heaven is Kauiki. 49
Ilalo ka hono o na moku,
Down at the base 50 of the islands,
I ke kai e hopu ana
Where the sea holds it fast.
O Kauiki.
Kauiki,
O Kauiki i ka mauna 105 [375]
Kauiki the mountain, 105 [374]
I ke opaipai, e kalaina e hopu ana
Like the sea-gull flapping its wings when about to fall. 51
O Kauai.
Kauai,
Great Kauai inherited from ancestors. 52 O Kauai nui kuapapa,