Showing posts with label Hawaiian Constitution. Show all posts
Showing posts with label Hawaiian Constitution. Show all posts

Sunday, March 1, 2015

Martial Law 1895


Following the overthrow of the constitutional monarchy of Queen Liliʻuokalani on January 17, 1893, the Committee of Safety established the Provisional Government of Hawaiʻi as a temporary government until an assumed annexation by the US.  From January 6 to January 9, 1895, patriots of the Kingdom of Hawaiʻi and the forces that had overthrown the government were engaged in a war that consisted of three battles on the island of Oʻahu, Hawaiʻi.

In response, President Sanford B Dole, on January 7, 1895 proclaimed martial law: “The right of the writ of habeas corpus is hereby suspended and Martial Law is instituted and established throughout the Island of Oahu, to continue until further notice, during which time, however, the Courts will continue in session and conduct ordinary business as usual, except as aforesaid.”  Martial law ended March 18, 1895.

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Monday, December 1, 2014

William L Lee


William Little Lee did not plan to go to Hawaiʻi, let alone spend his life there.  (Dunn)

Lee had received the best legal education available for an American of his time. He had been a law student at Harvard under US Supreme Court Justice Joseph Story and the renowned law teacher Samuel Greenleaf.  After a year's practice in Troy, New York, his recurring illness caused him to leave.  (Silverman)

In February 1846, he sailed for the Oregon Territory with his friend and fellow adventurer, Charles Reed Bishop. After a long and stormy voyage, their ship (the Henry,) after about eight months at sea, arrived in Honolulu harbor October 12, 1846, needing extensive repairs.  (Dunn)

While waiting there, Lee was consulted by some American residents on a legal question.  He caught the attention of officials in the Hawaiian kingdom and was recruited by Attorney General John Ricord and Dr. Gerrit Judd, the Minister of Finance for Kamehameha III. Lee, then 26 years old, was only the second trained attorney in the Islands (after Ricord).  (Dunn)

After some persuasion, he consented to stay, provided his friend could also be provided with employment. This was done, and Lee and Bishop made their home in Honolulu.  (Bishop later married a Princess, Bernice Pauahi, founded Bishop & Company (what is now known as First Hawaiian Bank) and became a well-known financier and philanthropist.)

On December 1, 1846, Governor Mataio Kekūanāoʻa appointed Lee a judge in the newly organized court system.  The appointment of Lee marks the beginning of a new era in the history of the Hawaiian judiciary. His character and attainments were such that under his leadership the courts won and retained public confidence.  (Kuykendall)

The greater part of the Statute Laws of His Majesty, Kamehameha III was drafted by Attorney General Ricord before he resigned from the government; it was completed by Judge Lee. (Kuykendall)

The Act of 1847 expressly provided that the judges should be entirely independent of the executive department, and that the
King in his executive capacity should not control the decisions of the judges.

Following this, Lee presided over the Superior Court of Law and Equity (this court was later elevated to become the Supreme Court.)  Lee served as Chief Justice (the Islands’ first CJ,) Lorrin Andrews and John ʻĪʻi as associate justices.  The three justices heard all cases of original or appellate jurisdiction above the district court level.  Lee was appointed to the Privy Council.

He strenuously urged upon the king and chiefs the policy of giving up to the common people a third of their land, and when a law to that effect was passed, he was appointed president of the Board of Commissioners to Quiet Land Titles (the Land Commission) to carry out its provisions, but he declined to accept any compensation for his services.  (Ellis)

As much as anyone, Lee was responsible for carrying into effect the system of private property ownership. All of his deepest beliefs came together in his support of land ownership by commoners. He felt that "merely to preserve" their rights "would be no gain." He wanted to go forward to "define their rights—to separate them from those of their chiefs."

He sought “to give them what they have as their own, to inspire them with more self respect, more independence of character, and to lead them if possible to work, and labor, and cultivate, and improve their land.”  (Silverman)

In 1851, he was elected to the Legislature and became Speaker of the House of Representatives.  Among his labors were the framing of the revised constitution of the kingdom, and the task of drafting criminal and civil codes for the kingdom.  (Ellis)

Lee brought major areas of substantive Western law into the Hawaiian legal system by drafting legislation which was frequently passed without alteration.

He wrote the Masters and Servants Act (1850) which governed the terms of contract labor of thousands of Hawaiian and immigrant plantation workers. He drafted the Marriage and Divorce law (1853) which liberalized divorce grounds to include several causes, instead of adultery only. He undoubtedly drafted basic business legislation, such as the bankruptcy law (1848.)  (Silverman)

As Chief Justice, first of the Superior Court (1847-52) and then the Supreme Court (1852-57,) Lee administered the court system. He created the position of clerks in the Supreme and Circuit courts and placed them under centralized control.

By the time of the 1852 Constitution, aliʻi authority combined with Western precedents to create a Hawaiian judicial system that was Western in philosophy, structure and procedure.

Soon after the 1852 Constitution went into effect, Chief Justice Lee moved into the newly constructed coral block courthouse located near the harbor. This courthouse was the first structure in the islands built expressly for court purposes. It was built on the site of Halekauwila, a large Hawaiian house belonging to Kamehameha III, where earlier court sessions had been held.  (Silverman)

Judge Lee's health, always delicate, gave way as a result of undue exposure in attendance upon sick natives during an epidemic of smallpox in 1853.

This brought on a return of his early malady, and in 1855, in order to obtain medical advice, he accepted an appointment as minister plenipotentiary and envoy extraordinary to negotiate a treaty with the US by which sugar from the islands was to be admitted free of duty, in return for the admission to the islands of lumber, fish and some other productions of the Pacific states.  (Ellis)

He went to the continent; however, his health did not improve and he returned to the Islands, where he died (May 28, 1857; he is buried as Union Cemetery, Fort Edward, Washington County, New York.)

The image shows William Little Lee.    In addition, I have included other images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Sunday, November 16, 2014

House of Nobles


The first Constitution of the Kingdom of Hawaiʻi adopted in 1840 replaced the informal council of chiefs with a formal legislature of the Hawaiian Kingdom and cabinet.

The Hawaiian government was a constitutional monarchy comprised of three branches: Executive (Monarch and Cabinet), Legislative (House of Nobles and Representatives) and Judicial (Supreme Court and lower courts).

The King also had a private council - the Privy Council is distinguished from a modern cabinet of the executive; in the monarchical tradition, a Privy Council lent legislative powers to the monarch and served judicial functions.

While the first official record of the Privy Council began in July 1845, the body existed previously as the council of chiefs (the House of Nobles similarly comprised of the members of the council of chiefs.)

Under the leadership of King Kamehameha III, the Privy Council was authorized by the Act to Organize the Executive Ministries on October 29, 1845.  The Kingdom of Hawai`i’s Privy Council was a body comprised of five ministers and the four governors along with other appointed members that served to advise the King.

Kingdom of Hawai‘i Constitution of 1852, Article 49 noted, “There shall continue to be a Council of State for advising the King in the Executive part of the Government, and in directing the affairs of the Kingdom, according to the Constitution and laws of the land, to be called the King's Privy Council of State.”

The Legislative Department of the Kingdom was composed of the House of Nobles and the House of Representatives. The King represented the vested right of the Government class, the House of Nobles were appointed by the King and the House of Representatives were elected by the people.  (puhnawaiola)

The cabinet consisted of a Privy Council (officially formed in 1845) and five powerful government ministers.  Gerrit P Judd was appointed to the most powerful post of Minister of Finance; Lawyer John Ricord was Attorney General; Robert Crichton Wyllie was Minister of Foreign Affairs; William Richards Minister of Public Instruction and Keoni Ana was Minister of the Interior.

Under the 1840 Constitution the Kuhina Nui's (position similar to "Prime Minister" or "Premier") approval was required before the "important business of the Kingdom" could be transacted; the king and the Kuhina Nui had veto power over each other's acts; the Kuhina Nui was to be a special counselor to the king; and laws passed by the legislature had to be approved by both before becoming law. The Kuhina Nui was ex-officio a member of the House of Nobles and of the Supreme Court.  (Gething)

The former council of chiefs became the House of Nobles, roughly modeled on the British House of Lords. Seven elected representatives would be the start of democratic government.

(The House of Lords is the upper house of the Parliament of the United Kingdom.  It is independent from, and complements the work of, the elected House of Commons – they share responsibility for making laws and checking government action.  Members of the House of Lords are appointed by the Queen on the advice of the Prime Minister.)  (parliament-uk)

The 1840 Hawaiʻi Constitution stated: “House of Nobles. At the present period, these are the persons who shall sit in the government councils, Kamehameha III, Kekāuluohi, Hoapiliwahine, Kuakini, Kekauōnohi, Kahekili, Paki, Konia, Keohokālole, Leleiōhoku, Kekūanāoʻa, Kealiʻiahonui, Kanaʻina, Keoni Ii, Keoni Ana and Haʻalilio.”

“Should any other person be received into the council, it shall be made known by law. These persons shall have part in the councils of the kingdom.”

“No law of the nation shall be passed without their assent. They shall act in the following manner: They shall assemble annually, for the purpose of seeking the welfare of the nation, and establishing laws for the kingdom. Their meetings shall commence in April, at such day and place as the King shall appoint.”

“It shall also be proper for the King to consult with the above persons respecting all the great concerns of the kingdom, in order to promote unanimity and secure the greatest good. They shall moreover transact such other business as the King shall commit to them.”

“They shall still retain their own appropriate lands, whether districts or plantations, or whatever divisions they may be, and they may conduct the business on said lands at their discretion, but not at variance with the laws of the kingdom.”

Members of its companion body, the House of Representatives, were elected by the people, with representatives from each of the major four islands. Proposed laws required majority approval from both the House of Nobles and the House of Representatives, and approval and signature by the King and the Premier.  (Punawaiola)

This body was succeeded by a unicameral legislature in 1864, which also imposed property and literacy requirements for both legislature members and voters; these requirements were repealed in 1874.  (Punawaiola)

That there even was a constitution, plus the basic outline of the government it established, clearly reflected the counsel of the American missionaries. Yet, many of the older Hawaiian traditions remained (ie the concept of the council of chiefs.)  (Gething)

The House of Nobles originally consisted of the king plus five women and ten men (women did not get the right to vote in the US until 1920).  After the overthrow and the subsequent annexation, it was renamed the Senate.

The first meeting of the House of Nobles was on April 1, 1841 in the ‘council house’ at Luaʻehu in Lāhainā.  The image shows Lāhainā at about that time.)

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Monday, March 17, 2014

Saint Patrick's Day


Saint Patrick was a 5th-century Romano-British Christian missionary and bishop in Ireland. Known as the "Apostle of Ireland", he is the primary patron saint of the island.

Legend credits St. Patrick with teaching the Irish about the doctrine of the Holy Trinity by showing people the shamrock, a three-leafed plant, using it to illustrate the Christian teaching of three persons (the Father, the Son (Jesus) and the Holy Spirit) in one God.  (Shamrocks are a central symbol for St Patrick’s Day.)  St Patrick is also credited with ridding Ireland of snakes, chasing them into the sea.

St. Patrick features in many stories in the Irish oral tradition and there are many customs connected with his feast day.  March 17, popularly known as St. Patrick's Day, is believed to be his death date and is the date celebrated as his feast day.

St. Patrick has never been formally canonized by a Pope; nevertheless, various Christian churches declare that he is a Saint in Heaven (he is included in the List of Saints.)

So, today, we celebrate the death of St Patrick; we also celebrate the “birth” of Kauikeaouli.

On the night of his birth, the chiefs gathered about the mother.  Early in the morning the child was born but as it appeared to be stillborn.

Then came Kaikioʻewa from some miles away, close to Kuamoʻo, and brought with him his prophet (Kamaloʻihi or Kapihe) who said, "The child will not die, he will live."

The child was well cleaned and laid upon a consecrated place and the seer (kaula) took a fan (peʻahi), fanned the child, prayed, and sprinkled him with water, at the same time reciting a prayer.

The child began to move, then to make sounds and at last he came to life. The seer gave the boy the name of "The red trail" (Keaweaweʻula) signifying the roadway by which the god descends from the heavens.  The name Kauikeaouli means “placed in the dark clouds.”

Kauikeaouli was the second son of Keōpūolani by Kamehameha, and she called him Kīwalaʻo after her own father. She was the daughter of Kiwalaʻo and Kekuʻiapoiwa Liliha, both children of Kalola and hence Keōpūolani was a niʻaupiʻo and a naha chiefess, and the niʻaupiʻo rank descended to her children and could not be lost by them.  (Kamakau)

Kauikeaouli was only nine years old when his older brother Liholiho sailed to England; Liholiho died on that trip, leaving Kauikeaouli successor to the rule over Hawaiʻi. As he was then too young to assume command, affairs were administered by his guardians, Kaʻahumanu and Kalanimōku, and the other chiefs under them.

We more commonly reference Kauikeaouli as Kamehameha III.  He was the longest reigning Hawaiian monarch, serving 29-years, from 1825 to 1854.

There is scarcely in history, ancient or modem, any King to whom so many public reforms and benefits can be ascribed, as the achievements of his reign. Yet what King has had to contend with so many difficulties as King Kamehameha III? (The Polynesian, 1855)

“That the existence of the King, chiefs and the natives, can only be preserved by having a government efficient for the administration of enlightened justice, both to natives and the subjects of foreign powers residing in the islands, and that chiefly through missionary efforts the natives have made such progress in education and knowledge, as to justify the belief that by further training, they may be rendered capable of conducting efficiently the affairs of government; but that they are not at present so far advanced.”  (Kamehameha IV, in Obituary to his hānai father)

In private life, Kamehameha III was mild, kind, affable, generous and forgiving. He was never more happy than when free from the cares and trappings of state. He could enjoy himself sociably with his friends, who were much attached to him. (The Polynesian, 1855)

Having associated much, while a boy, with foreigners, he continued to the last to be fond of their company. Without his personal influence, the law to allow them to hold lands in fee simple could never have been enacted.  (The Polynesian, 1855)

It is hardly possible to conceive any King more generally beloved than was Kamehameha III; more universally obeyed, or more completely sovereign in the essential respect of independent sovereignty, that of governing his subjects free from any influence or control coming from beyond the limits of his own jurisdiction.  (The Polynesian, 1855)

Under his leadership, Hawaiʻi changed from an isolated island kingdom to a recognized member of the modem world. Many of the things he did as king still influence life in Hawaiʻi today.  (Kamehameha Schools Press)

The following are only some of the many accomplishments of Kamehameha III (Kauikeaouli:)

  • On June 6, 1825, Kauikeaouli was proclaimed king of Hawaiʻi. To the people he said, “Where are you, chiefs, guardians, commoners?  I greet you.  Hear what I say! My kingdom I give to God.  The righteous chief shall be my chief, the children of the commoners who do you right shall be my people, my kingdom shall be one of letters.”  (Kamakau - Kamehameha Schools Press)
  • June 7, 1839, he signed the Declaration of Rights (called Hawai‘i’s Magna Charta) that, in part, noted, "God hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.”
  • June 17, 1839 he issued the Edict of Toleration permitting religious freedom for Catholics in the same way as it had been granted to the Protestants.
  • June 28, 1839 he founded Chief’s Children’s School (The Royal School;) the main goal of this school was to groom the next generation of the highest ranking chiefs’ children of the realm and secure their positions for Hawaiʻi’s Kingdom.  (He selected missionaries Amos and Juliette Cooke to teach the 16 royal children and run the school.)
  • October 8, 1840 (the King was about 27-years-old) he enacted the Constitution of 1840 that, in part, changed the government from one of an absolute monarchy to a constitutional monarchy. It provided for a separation of powers between three branches of government, with executive power in the hands of the king, the kuhina nui (similar to a prime minister) and four governors; a bicameral legislative body consisting of a house of nobles and a house of representatives, with the house of representatives elected by the people; and a judiciary system, including a supreme court.
  • April 27, 1846 he declared that “the forests and timber growing therein shall be considered government property, and under the special care of the Minister of the Interior ...;” effectively starting the process of protecting our mauka watersheds.
  • January 27, 1848 through March 7, 1848 he participated in what we refer to as the “Great Māhele” that was a reformation of the land system in Hawaiʻi and allowed private ownership.
  • June 14, 1852 he enacted the Constitution of 1852 that expanded on the Declaration of Rights, granted universal (adult male) voting rights for the first time and changed the House of Nobles from a hereditary body to one where members served by appointment by the King. It also institutionalized the three branches of government and defined powers along the lines of the American Constitution.
  • Toward the end of Kauikeaouli’s reign there were 423-schools in Hawaiʻi with an enrollment of over twelve-thousand-students. Most of the schools were elementary schools using Hawaiian as the language of instruction.

Kauikeaouli (Kamehameha III) died December 15, 1854 (at the age of 41.)

Kauikeaouli’s exact birth date is not known; however, the generally accepted date is August 11, 1813.  Never-the-less, Kauikeaouli was apparently an admirer of Saint Patrick and chose to celebrate his birthday on March 17.  Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.

The image shows Kauikeaouli in 1825, the year he became King.  In addition, I have included other related images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Sunday, October 20, 2013

Capital Punishment


Pā‘ao (ca 1300,) from Kahiki (Tahiti,) is reported to have introduced (or significantly expanded) a religious and political code in old Hawai‘i, collectively called the kapu system.

The kapu system was the common structure, the rule of order, and religious and political code.  This social and political structure gave leaders absolute rule and authority.   This forbid many things and demanded many more, with many infractions being punishable by death.

Shortly after the death of Kamehameha I in 1819, King Kamehameha II (Liholiho) declared an end to the kapu system.  In a dramatic and highly symbolic event, Kamehameha II ate and drank with women, thereby breaking the important eating kapu.

This changed the course of the civilization and ended the kapu system, effectively weakened belief in the power of the gods and the inevitability of divine punishment for those who opposed them.  The end of the kapu system by Liholiho happened before the arrival of the missionaries; it made way for the transformation to Christianity and westernization.

While Liholiho’s brother Kauikeaouli (Kamehameha III) ruled as monarch (with shared authority with the Kuhina Nui,) he, too, took bold steps in changing the structure of governance.  Kamehameha III initiated and implemented Hawaiʻi’s first constitution (1840) (one of five constitutions governing the Islands – and then, later, governance as part of the United States.)

Included were also published “penal laws,” which outlined classes of offenses and punishments for the same – with the death penalty being allowed for acts of murder.

“Many foreigners had predicted that whenever it became necessary to enforce the Penal Laws this enacted and promulgated, leniency would be shown towards chiefs of high rank.”  (Bennet)

Then, there was enforcement and execution of the new laws on someone of rank, Kamanawa II (his father was High Chief Kepoʻokalani.)

Kamanawa, born during the days of the ancient customs with an unstructured approach to marriage, had found it difficult to live according to the increasingly Christian ways of his peers. When “one-to-one” marriage had been declared the law by royal order, his roving habits were not changed, and whenever he was attracted to a new love he followed his old ways. Kamokuiki (his wife,) adhering to the new faith, had little sympathy with his wanderings and finally went to the chiefs seeking a divorce.  (Gutmanis)

As early as 1825, the chiefs in various districts had issued edicts of law that, following Christian teachings, included prohibitions against adultery and the biblical relief of divorce and the right to remarry given the injured party. And so it was with Kamokuiki whose divorce, dated August 16, 1840, stated: because Kamanawa has repeatedly committed adultery, his wife Kamokuiki has requested a separation.  (Gutmanis)

There is no record of how Kamanawa received the decree, but six weeks later on September 26, 1840 Kamokuiki was dead. Murder being instantly suspected, an autopsy was performed and the stomach found to be "much inflamed while every thing else was in order."  (Gutmanis)

Kamanawa and his friend Lonopuakau, captain of the Hawaiian vessel Hooikaika, confessed that Kamanawa had administered the fatal dose and that the Captain had prepared the mixture of ʻakia, ʻauhuhu and ʻawa that caused Kamokuiki’s death.

“She survived but three hours, medical assistance being of no avail. As soon as she was dead, which was about midnight, the news immediately spread and a terrible wailing commenced, which was quickly born to the other side of the island. It was so loud, so prolonged and so sudden as to awake at once almost all the residents, and at that hour, as its sepulchral cadences rose and fell, and were lost in the distance, the effect was startling and mournful in the extreme.”   (Hawaiian Gazette, October 12, 1894)

Justice was swift; on September 30, 1840, a jury of 12 chiefs was empaneled to try Kamanawa and Lonopuakau.

On "Wednesday morning a court was held at the Fort, for the trial of Kamanawa and Lono, captain of the schooner Hooikaika, for the murder of Kamokuiki, wife of the former.  Governor Kekūanāoʻa was the presiding Judge, the King and high chiefs being present.”  (The Polynesian, October 3, 1840)

“The court being organized, the trial commenced, when the following facts were developed: The first-mentioned person, it appears, had been divorced from his wife for some time past, but could not marry again while she was living: Having conceived a violent passion for another woman, he determined to rid himself of his wife, and applied to Lono, who was said to be skilled in preparing poisons. Lono also wishing to destroy his wife, the two agreed to poison both”.  (The Polynesian, October 3, 1840)

The jury found the two guilty and sentenced to hang on October 20th.

On the October 24, The Polynesian carried a short item that succinctly summed up the execution of the sentencing: “The murderers Kamanawa and Lonopuakau expiated their crime on the scaffold on Tuesday last, at the Fort in the presence of a large concourse of people.”

The site of the execution was over the gate of Fort Kekuanohu (Fort Honolulu – that once stood at the bottom of Fort Street;) the gallows was erected above the gate, so it could be easily seen for some distance.

After the hanging, either one or both of the bodies were buried at the cross-roads, in accordance with the old English custom of burying executed criminals where they would be out of the way, and the burial places be forever unknown. It is believed that the cross roads selected were at the junction of King and Punchbowl or Queen and Punchbowl streets.

I should note – Kamanawa II was no ‘ordinary’ ranking chief.

He was the grandson of Kameʻeiamoku, one of the ‘royal twins’ (uncles of Kamehameha the Great and his counselors in the wars to unite the Islands.) He was named after his famous grand uncle, the other royal twin.  (The twins are on Hawaiʻi’s Royal Coat of Arms; Kameʻeiamoku is on the right holding a kahili and Kamanawa on the left holding a spear.)

Oh, one more thing … Kamanawa II and Kamokuiki were parents of Caesar Kapaʻakea.  In 1835, Caesar married the High Chiefess Analeʻa Keohokālole; they had several children.

Most notable were a son, who on February 13, 1874 became King Kalākaua, and a daughter, who on January 29, 1891 became Queen Liliʻuokalani (they were grandchildren of Kamanawa II, the first to be charged and hanged under Hawaiʻi’s first modern criminal laws.)

It is said that after Kalākaua came to the throne, he had the body of Kamanawa taken up and the bones removed to Mauna Ala in Nuʻuanu. This is positively stated by the natives.  (Hawaiian Gazette, October 12, 1894)  Kamokuiki was buried at Kawaiahaʻo Church.

The image shows Fort Kekuanohu (on right, looking down Queen Street.)   In addition, I have added other images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Saturday, July 20, 2013

Evolution From Absolute Sovereign to Constitutional Government


Generally thought to have originated from the Marquesas Islands, evidence of early existence in the Hawaiian Islands indicates initial contact and settlement as early as 200 AD to 600 AD (some suggest it was later.)

Early on, with the family unit being the socio-political structure, there was no need for a hierarchical or complex society.  However, as the population increased and wants and needs increased in variety and complexity, the need for chiefly rule became apparent.

Eventually, a highly stratified society evolved consisting of the Ali‘i (ruling class,) Kahuna (priestly and expert class of craftsmen, fishers and professionals) and Makaʻāinana (commoner class.)

Over the centuries, the islands weren’t unified under single rule.  Leadership sometimes covered portions of an island, sometimes covered a whole island or groups of islands.  Island rulers, Aliʻi or Mōʻī, typically ascended to power through warfare and familial succession.

At the period of Captain Cook’s arrival (1778-1779), the Hawaiian Islands were divided into four kingdoms: (1) the island of Hawaiʻi under the rule of Kalaniʻōpuʻu, who also had possession of the Hāna district of east Maui; (2) Maui (except the Hāna district,) Molokaʻi, Lānaʻi and Kahoʻolawe, ruled by Kahekili; (3) Oʻahu, under the rule of Kahahana; and at (4) Kauaʻi and Niʻihau, Kamakahelei was ruler.

There were family connections of these four to Kamehameha; the death of Kiwalaʻo; the "Four Kona Uncles" (Kekūhaupiʻo, Keaweaheulu, Kameʻeiamoku & Kamanawa (the last two are twins and are depicted on the Hawaiian Coat of Arms;)) permission from Kalola to marry her granddaughter (after the defeat of Maui) and how Kamehameha secured his "unification" by "sharing the spoils" of the conquests and "braided the bloodlines;" eventually leading to the agreement with Kaumualiʻi.  (Yardley)

The kapu system was the common structure, the rule of order, and religious and political code.  This social and political structure gave leaders absolute rule and authority.

When Kamehameha died on May 8, 1819, the crown was passed to his son, Liholiho, who would rule as Kamehameha II.  Kaʻahumanu recruited Liholiho’s mother, Keōpūolani, to join her in convincing Liholiho to break the kapu system which had been the rigid code of Hawaiians for centuries.

Liholiho accomplished this simply by eating a meal with women - ʻai noa.  When the Hawaiians saw that Liholiho was not struck down by angry gods, the entire kapu system was discarded.

This changed the course of the civilization and ended the kapu system, effectively weakened belief in the power of the gods and the inevitability of divine punishment for those who opposed them.

In addition to the abolition of the old ways, Kaʻahumanu created the office of Kuhina Nui (similar to premier, prime minister or regent) and would rule as an equal with Liholiho – this started the shift from absolute rule to shared rule.

The Kuhina Nui held equal authority to the king in all matters of government, including the distribution of land, negotiating treaties and other agreements, and dispensing justice.

Kaʻahumanu ruled first with Kamehameha II until his departure for England in 1823 (where he died in 1824) and then as regent for the young king Kauikeaouli (Kamehameha III).

The end of the kapu system happened before the arrival of the missionaries; Christianity and westernization soon filled the social and political void.

Christianity and the western law brought order and were the only answers to keeping order with a growing foreign population and dying race.  Kamehameha III incorporated traditional customary practices within the western laws - by maintaining the "land division of his father with his uncles" - which secured the heirship of lands and succession of the throne, as best he could outside of "politics, trade and commerce." (Yardley)

While Liholiho’s brother Kauikeaouli (Kamehameha III) ruled as monarch (with shared authority with the Kuhina Nui,) he, too, took bold steps in changing the structure of governance.  Kamehameha III initiated and implemented Hawaiʻi’s first constitution (1840) (one of five constitutions governing the Islands – and then, later, governance as part of the United States.)

Of his own free will he granted the Constitution of 1840, as a boon to his country and people, establishing his Government upon a declared plan. (Rex v. Booth - Hanifin)

That constitution introduced the innovation of representatives chosen by the people (rather than as previously solely selected by the Aliʻi.)  This gave the common people a share in the government’s actual political power for the first time.

In addition, the 1840 Constitution recognized rights of the people; its preamble read, “’God hath made of one blood all nations of men to dwell on the earth,’ in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.”

“Absolute monarchy had come to an end in 1840. Since that time the kingdom had been governed under no less than four constitutions: the original one freely granted by Kamehameha III in 1840; one adopted by the legislature with the concurrence of the same King in 1852; one promulgated by Kamehameha V in 1864 on his own authority; and one granted in 1887 by Kalākaua as the result of a popular uprising.” (Spaulding – Kosaki)

For two centuries, the trend in Hawaiʻi has been toward expanding the numbers of people who have a say in all parts of their government: from Kamehameha I’s near-absolute monarchy to a hereditary oligarchy, to an oligarchy open to men with money, to American republic.  (Hanifin)

The image shows a Council of Chiefs, as depicted by Herb Kane.    In addition, I have included other images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Saturday, July 6, 2013

Bayonet Constitution


“A conspiracy against the peace of the Hawaiian Kingdom had been taking shape since early spring.”  (Liliʻuokalani)

In 1887, the struggle for control of Hawaiʻi was at its height with David Kalākaua on the throne. But some of the businessmen were distrustful of him.

“So the mercantile element, as embodied in the Chamber of Commerce, the sugar planters, and the proprietors of the "missionary" stores, formed a distinct political party, called the "down-town" party, whose purpose was to minimize or entirely subvert other interests, and especially the prerogatives of the crown, which, based upon ancient custom and the authority of the island chiefs, were the sole guaranty of our nationality.”  (Liliʻuokalani)

“Kalākaua valued the commercial and industrial prosperity of his kingdom highly. … He freely gave his personal efforts to the securing of a reciprocity treaty with the United States, and sought the co-operation of that great and powerful nation, because he was persuaded it would enrich, or benefit, not one class, but, in a greater or less degree, all his subjects.”  (Liliʻuokalani)

The Hawaiian League (aka Committee of Thirteen, Committee of Public Safety and Annexation Club) were unhappy with the rule of Kalākaua and used threats to force the king to adopt a new constitution.

With firearms in hand, in 1887 members of the Hawaiian League presented King Kalākaua with a new constitution. Kalākaua signed the constitution under threat of use of force. (hawaiibar-org)

The opposition used the threat of violence to force the Kalākaua to accept a new constitution that stripped the monarchy of executive powers and replaced the cabinet with members of the businessmen's party.  (archives-gov)

The Hawaiian League came into control of the Honolulu Rifles (made of about 200 armed men.)  In June 1887, the Hawaiian League used the Rifles to force King Kalākaua to enact a new Constitution.  (Kukendall)

As a result, the new constitution earned the nickname, The Bayonet Constitution.

On July 1, Kalākaua asked his entire cabinet to resign.

The Constitution of 1887 was a revision of the constitution of 1864, just as the latter was a revision of the constitution of 1852. In the revision, the main objects sought were to take from the king the greater part of the power exercised by him under the constitution of 1864 and to make him in effect a ceremonial figure somewhat like the sovereign of Great Britain.  (ksbe-edu)

The Bayonet Constitution greatly curtailed the monarch's power, making him a mere figurehead; it placed executive power in the hands of a cabinet whose members could no longer be dismissed by the monarch but only by the legislature; it provided for election of the House of Nobles, formerly appointed by  the monarch.  (hawaiibar-org)

As to voting rights, it extended the vote to non-citizen, foreign residents of European and American background (Asians were excluded), thereby ending Native Hawaiian majority rule in the legislature. And it required that voters and candidates for the legislature meet high property ownership or income requirements.  (hawaiibar-org)

This requirement excluded two-thirds of the formerly eligible Native Hawaiians from voting. For those who could still vote, they first had to swear allegiance to the Bayonet Constitution.  (hawaiibar-org)

“… the King asked the Diplomatic Representatives present to name a Cabinet for him which they declined to do, provided   Mr Green was allowed to do so for himself.  The following is the Cabinet selected by Mr Green, which has been approved by the King and they have entered upon their official duties: WL Green, Minister of Finance and Premier; Godfrey Brown, Minister of Foreign Affairs; LA Thurston, Minister of the Interior; and CV Ashford, Attorney General” (the Hawaiian Gazette, July 5, 1887)

Kalākaua signed the document July 6, 1887, despite arguments over the scope of the changes. It created a constitutional monarchy like that of the United Kingdom.

In addition, it placed the executive power, as a practical matter, in the hands of a cabinet appointed by the king but responsible to the legislature; changed the character of the legislature by making the nobles as well as the representatives elective, by redefining the qualifications of nobles, representatives and electors; and made it less easy for the king to exercise a personal influence over members of the legislature.  (ksbe-edu)

The king's authority as commander-in-chief of the military forces was modified by a new clause providing that "no military or naval force shall be organized except by the authority of the Legislature."

LA Thurston touched briefly on this subject in his account of the Revolution of 1887: “An allegation has been made that the 1887 constitution was not legally enacted ... Unquestionably the constitution was not in accordance with law; neither was the Declaration of Independence from Great Britain. Both were revolutionary documents, which had to be forcibly effected and forcibly maintained.”  (kuykendall)

On July 30, 1889, Robert William Wilcox led a rebellion to restore the rights of the monarchy, two years after the Bayonet Constitution of 1887 had left King Kalākaua a mere figurehead.

By the evening, Wilcox became a prisoner and charged with high treason by the government.  He was tried for treason, but acquitted by the jury.

Two years later, Kalākaua retired to Waikīkī.  His health began to fail by 1890 and under the advice of his physician he traveled to San Francisco, where he was given a warm welcome. "A title was a title, and (the Americans) enjoyed him as a personality." (Tabrah))

Kalākaua died on January 20, 1891, at the age 54, at the Palace Hotel in San Francisco.  Kalākaua, Hawaiʻi’s last King, is said to have uttered his last words: "Tell my people I tried."

The image shows some of the “Honolulu Rifles,” the militia in support of the 1887 Constitution.  In addition, I have included other images in a folder of like name in the Photos section on my Google+ page.

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Sunday, March 17, 2013

Kamehameha III (Kauikeaouli)



Kauikeaouli appeared to be stillborn, but was revived.  He was the second son of Kamehameha I.   His birth site is at the head of Keauhou Bay (the Daughters of Hawaiʻi own and maintain the area.)

His exact birth date is not known; however, the generally accepted date is August 11, 1813.  Never-the-less, Kauikeaouli was apparently an admirer of Saint Patrick and chose to celebrate his birthday on March 17.

Kauikeaouli spent the first 5-years of his life with Chief Kaikioʻewa in the ‘O‘oma ahupuaʻa in Kona (the place where he first learned to be a king.)

Other early education the infant Prince received was at Kailua-Kona, from the Rev. Asa Thurston and Thomas Hopu, a native Hawaiian who had been educated on the continent and who came with the first missionaries to Hawaiʻi.  In Honolulu, the Prince was the pupil of Rev. Hiram Bingham.

The younger brother of Liholiho, he served as Hawai‘i’s King from 1825 to 1854 – the longest ruling monarch over the Hawaiian Kingdom.  Kauikeaouli was a pre-teen when he ascended to the throne; in the early years of his rule, he served under a regency with Kaʻahumanu, his father’s favorite queen, as joint ruler.

During the early- to mid-1800s timeframe, there were significant changes occurring that greatly affected the Hawaiian people:

  • his mother Keōpūolani  and Kaʻahumanu convinced Liholiho to effectively break the Kapu system
  • the health of many Hawaiians was weakened by exposure to new diseases, common cold, flu, measles, mumps, smallpox and venereal diseases
  • as more ships came in, many of those who came to Hawaiʻi chose to stay and settle
  • Hawaiʻi changed from a land of all Hawaiians to a place of mixed cultures, languages and races
  • many new plants and animals were brought to the islands, both on purpose and by accident
  • new products by foreign ships were traded
  • the economy and everyday life was changing from a subsistence way of life to a commodity-based economy that started with barter and trade, that eventually changed to a monetary system
  • there was growth of business centers, where people ended up living closer to one another, typically surrounding the best seaports for western ships (small towns soon grew into large cities)

There is scarcely in history, ancient or modem, any King to whom so many public reforms and benefits can be ascribed, as the achievements of his reign. Yet what King has had to contend with so many difficulties as King Kamehameha III? (The Polynesian, 1855)

“That the existence of the King, chiefs and the natives, can only be preserved by having a government efficient for the administration of enlightened justice, both to natives and the subjects of foreign powers residing in the islands, and that chiefly through missionary efforts the natives have made such progress in education and knowledge, as to justify the belief that by further training, they may be rendered capable of conducting efficiently the affairs of government; but that they are not at present so far advanced.”  (Kamehameha IV, In Obituary to the departed King)

In private life, Kamehameha III  was mild, kind, affable, generous and forgiving. He was never more happy than when free from the cares and trappings of state. He could enjoy himself sociably with his friends, who were much attached to him. (The Polynesian, 1855)

Having associated much, while a boy, with foreigners, he continued to the last to be fond of their company. Without his personal influence, the law to allow them to hold lands in fee simple could never have been enacted; neither could conflicting claims to land have been settled and registered by that most useful institution, the Board of Land Commissioners.  (The Polynesian, 1855)

It is hardly possible to conceive any King more generally beloved than was Kamehameha III; more universally obeyed, or more completely sovereign in the essential respect of independent sovereignty, that of governing his subjects free from any influence or control coming from beyond the limits of his own jurisdiction.  (The Polynesian, 1855)

Under his leadership, Hawaiʻi changed from an isolated island kingdom to a recognized member of the modem world. Many of the things he did as king still influence life in Hawaiʻi today.  (Kamehameha Schools Press)

The following are only some of the many accomplishments of Kamehameha III (Kauikeaouli:)

  • On June 6, 1825, Kauikeaouli was proclaimed king of Hawaiʻi. To the people he said, “Where are you, chiefs, guardians, commoners?  I greet you.  Hear what I say! My kingdom I give to God.  The righteous chief shall be my chief, the children of the commoners who do you right shall be my people, my kingdom shall be one of letters.”  (Kamakau - Kamehameha Schools Press)
  • June 7, 1839, he signed the Declaration of Rights (called Hawai‘i’s Magna Charta) that, in part, noted, "God hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.”
  • June 17, 1839 he issued the Edict of Toleration permitting religious freedom for Catholics in the same way as it had been granted to the Protestants.
  • June 28, 1839 he founded Chief’s Children’s School (The Royal School;) the main goal of this school was to groom the next generation of the highest ranking chiefs’ children of the realm and secure their positions for Hawaiʻi’s Kingdom.  (Missionaries Amos and Juliette Cooke were selected to teach the 16 royal children and run the school.)
  • October 8, 1840 (the King was about 27-years-old) he enacted the Constitution of 1840 that, in part, changed the government from one of an absolute monarchy to a constitutional monarchy. It provided for a separation of powers between three branches of government, with executive power in the hands of the king, the kuhina nui (similar to a prime minister) and four governors; a bicameral legislative body consisting of a house of nobles and a house of representatives, with the house of representatives elected by the people; and a judiciary system, including a supreme court.
  • April 27, 1846 he declared that “the forests and timber growing therein shall be considered government property, and under the special care of the Minister of the Interior ...;” effectively starting the process of protecting our mauka watersheds.
  • January 27, 1848 through March 7, 1848 he participated in what we refer to as the “Great Māhele” that was a reformation of the land system in Hawaiʻi and allowed private ownership
  • June 14, 1852 he enacted the Constitution of 1852 that expanded on the Declaration of Rights, granted universal (adult male) voting rights for the first time and changed the House of Nobles from a hereditary body to one where members served by appointment by the King. It also institutionalized the three branches of government and defined powers along the lines of the American Constitution.
  • Toward the end of Kauikeaouli’s reign there were 423 schools in Hawaiʻi with an enrollment of over twelve-thousand-students. Most of the schools were elementary schools using Hawaiian as the language of instruction.

Kauikeaouli (Kamehameha III) died December 15, 1854 (at the age of 41.)

Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.  I think I'll have a Guinness (or two) tonight in his honor.  (Happy St Patrick’s Day.)

The image shows Kamehameha III (Kauikeaouli.)   In addition, I have included other related images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Saturday, March 17, 2012

Kauikeaouli – Kamehameha III



When I was a sophomore at University of Denver, I transferred into the business school and changed my major to real estate.

As a student of real estate, I became fascinated with Hawai‘i’s Great Māhele and the actions of Kauikeaouli, Kamehameha III.

Prior to the Māhele, the king controlled everything; he delegated authority to some of the land to his favored chiefs.

Although the chiefs controlled the land and extracted food and labor from the commoners who farmed the soil, “everyone had rights of access and use to the resources of the land and the sea … The people were sustained by a tradition of sharing and common use.”

The Great Māhele did not convey land, but established a land commission and provided the means whereby land claims could be presented to the commission and decided by them.

Ultimately, it transformed land tenure from feudal/communal trusteeship to private ownership.

It turns out that the Māhele is not my only tie to Kamehameha III.  In doing research for various planning projects we have been involved with, I learned of Kamehameha III’s ties back to Hiram Bingham, my great-great-great grandfather.

While doing a Master Plan, Cultural Impact Assessment and Environmental Assessment for DHHL on their lands on Mauna Kea, I learned that Bingham and Kamehameha III traveled to the summit of Mauna Kea together.  Mauna Kea is a very special place for me.

In doing some preliminary research for another planning project on Kaua‘i, I learned that Bingham and Kamehameha III interacted with each other there, as well.

Since I spent a lot of time in Kona, I was aware that Kauikeaouli’s Birthsite was in Keauhou.  This is one of the featured sites in the Royal Footsteps Along the Kona Coast Scenic Byway; we prepared its Corridor Management Plan.

Kauikeaouli spent the first 5-years of his life in the ‘O‘oma ahupua‘a in Kona (the place where he first learned to be a king.)  For the past five years, I have been working on planning and permitting on the coastal part of the ‘O‘oma ahupua‘a.

In 1846, Kamehameha III and the legislature passed a law declaring “the forests and timber growing therein shall be considered government property" in an effort to conserve the forests from further encroachment on the seaward side by the plantations’ need for fuel and on the mountain side from grazing animals.

The Forest Reserves in the state are managed by DLNR; as Director of DLNR, I oversaw the activities and was responsible for DLNR's Forestry and Wildlife Division, which oversees the State's forested lands.

Interesting; somehow I feel a link – I feel close to Kauikeaouli.  (Whenever his name comes up, I have anticipation on learning more about him.)

I wonder how our next project will link me back to Kauikeaouli - Kamehameha III.

Kauikeaouli was stillborn, but was revived.  He was the second son of Kamehameha I. 

The younger brother of Liholiho, he served as Hawai‘i’s King from 1825 to 1854.  Kauikeaouli was only about 10 or 11 when he ascended to the throne and had the longest reign in Hawaiian history.

In the early years of his rule, he served under a regency with Ka`ahumanu, his father’s favorite queen, as joint ruler.

In addition relinquishing his ownership and control of lands through the Great Māhele, a major gift to the people of Hawai‘i, Kauikeaouli also initiated other beneficial programs for his people.

Kamehameha III promulgated the Declaration of Rights, called Hawai‘i’s Magna Charta, on June 7, 1839, the Edict of Toleration on June 17, 1839 and the first constitution on October, 8, 1840.

Kauikeaouli’s second major gift to the Hawaiian people was when he granted the common people the right to participate in governing the Hawaiian Kingdom.

This first written constitution for Hawai‘i contained several innovations, including a representative body of legislators elected by the people.  It also set up a supreme court.  The first compilation of laws was published in 1842.

His exact birth date is not known; however, the generally accepted date is August 11, 1813.

Never-the-less, Kauikeaouli was an admirer of Saint Patrick and chose to celebrate his birthday on March 17 (today.)

Happy Birthday and Cheers to Kauikeaouli, Kamehameha III.  I think I'll have a Guinness (or two) tonight in his honor.