Constitutional Government | Images of Old Hawaiʻi

June 17, 2019 by Peter T Young 1 Comment

Preparing a Constitution

Collaboration between Ali‘i and the American Protestant missionaries resulted in, among other things, the introduction of Christianity, the creation of the Hawaiian written language, widespread literacy, making Western medicine available, and the evolution of a new and distinctive musical tradition with harmony and choral singing.

In addition, the missionaries collaborated with the Chiefs on the promulgation of a constitutional government. Reverend William Richards came to Hawai‘i in 1823 as a member of the Second Company of missionaries sent to the Islands by the American Board of Commissioners for Foreign Missions; he was instrumental in transforming Hawaiian governance, through a constitution with individual rights.

It was a time of transition. when the Hawaiian people were faced with the difficult task of adjusting themselves to changing conditions. They turned to their teachers, the American missionaries, for guidance along this intricate path.

The king and chiefs, acknowledging their own inexperience, had sought for a man of probity and some legal training who could act as their advisor in matters dealing with other nations and with foreigners within the Islands. (Judd)

Richards “accepted the invitation of the Chiefs to become their teacher, and entered into engagements with them which were signed on the 3d of July (1838). According to those engagements, (he) was to devote (his) time at (his) discretion to the instruction of the King and chiefs, as far as (he) could and remain at Lahaina, and do the public preaching.”

“(He) was also to accompany the King to O‘ahu if important public business called him there. (He) engaged to act as interpreter and translator in government business of a public nature when called to it, and was to receive for (his) services 600 dollars a year, to be paid in quarterly enstalments of 150 dollars each.”

“As soon as the arrangements were completed, (he) commenced the compilation and translation of a work on political economy, following the general plan of Wayland, but consulting Lay, Newman and others, and translating considerable portions from the 1st mentioned work.”

“(He) also met king & chiefs daily when other public business did not prevent, and as fast as (he) could prepare matter read it to them in the form of lectures. (He) endeavored to make the lectures as familiar as possible, by repeating them, and drawing the chiefs into free conversation on the subject of the Lecture.”

“They uniformly manifested a becoming interest in the school thus conducted, and took an active part in the discussion of the various topics introduced in the Lectures. The Lectures themselves were mere outlines of general principles of political economy, which of course could not have been understood except by full illustration drawn from Hawaiian custom and Hawaiian circumstances.”

“In these illustrations (he) endeavored as much as possible to draw their minds to the defects in the Hawaiian government, and Hawaiian practices, and often contrasted them with the government and practices of enlighted nations.”

“The conversation frequently took so wide a range that there was abundant opportunity to refer to any and to every fault of the present system of government. But when the faults of the present system were pointed out & the chiefs felt them & then pressed me with the question, ‘Pehea la e pono ai,’ (How will it be bettered?)”

“During the year (Richards had) been called on to translate various documents and laws, some of which were transmitted to the USA & some were for promulgation at the Islands.”

“(He had) said scarcely nothing to the king and chiefs respecting the existing evils or defects in the government, except as the subject has come up naturally and almost necessarily while discussing established principles of Political Economy.”

“A system of laws has been written out by (Boaz) Mahune, a graduate of the (Lahainaluna) high school, and he was directed by the King to conform them to the principles of Political Economy which they had learned. Those laws are some what extensive and protect all private property.”

“According to this code, no chief has any authority over any man, any farther than it is given him by specific enactment, and no tax can be levied, other than that which is specified in the printed law …”

“… and no chief can act as a judge in a case where he is personally interested, and no man can be dispossessed of land which he has put under cultivation except for crimes specified in the law.” (Richards Report to the Sandwich Islands Mission, May 1, 1839)

No Ke Kālai‘āina (translation of William Richards’ Book)

Classes in political economy were taught by Mr. Richards for the chiefs; these laid the foundation for the political reforms started soon after. Indeed, it can be said that Mr. Richards exercised a profound, though somewhat intangible, influence on Hawaii’s evolution towards a constitution form of government.

Richards translated portions of Dr Francis Wayland’s ‘Elements of Political Economy’ into Hawaiian and organized discussions with the Chiefs on constitutional governance.

The Chiefs proposed themselves to publish the work which I have compiled, & they are to have the Copy Right & defray the expense of the publication.” (The book was known as No ke Kālai‘āina.)

Richards was instrumental in helping to transform Hawai‘i into a modern constitutional state with a bill of rights (1839) and a constitution (1840).

A project of the Hawaiian Mission Houses bicentennial commemoration involves translating the Hawaiian text into English and research William Richards and process of constitution in Hawaiian language sources.

Click HERE to view/download Background on Preparing a Constitution

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January 17, 2018 by Peter T Young Leave a Comment

Overthrow

Some suggest the overthrow of the Hawai‘i constitutional monarchy was neither unexpected nor sudden.

Dissatisfaction with the rule of Kalākaua and Lili‘uokalani initially led to the ‘Bayonet Constitution,’ then, the overthrow. “(M)ounting dissatisfaction with government policies and private acts of officials led to the formation of the Hawaiian League, a group of Honolulu businessmen.” (Forbes)

Challenges with Kalākaua
• Polynesian Confederacy
• “(Gibson) discerned but little difficulty in the way of organizing such a political union, over which Kalākaua would be the logical emperor, and the Premier of an almost boundless empire of Polynesian archipelagoes.” (Daggett; Pacific Commercial Advertiser, February 6, 1900)

Opium License Bribery Case
• Initially the king, through his minister of foreign affairs, disclaimed any involvement. However, “To cap the climax of the opium matter, the Attorney General proceeds to acknowledge that the money was paid over by the Chinese … (H)e informed the gentlemen interested in getting the money back that he would never accomplish his object so long as he allowed the newspaper to speak of the affair.” (Hawaiian Gazette, May 17, 1887)

Extravagance/Debt
• Although Kalākaua had been elected and serving as King since 1874, upon returning from a trip around the world (1881), it was determined that Hawaiʻi’s King should also be properly crowned.
• “ʻIolani Palace, the new building of that name, had been completed the previous year (1882), and a large pavilion had been erected immediately in front of it for the celebration of the coronation. This was exclusively for the accommodation of the royal family; but there was adjacent thereto a sort of amphitheatre, capable of holding ten thousand persons, intended for the occupation of the people.” (Liliʻuokalani)

Bayonet Constitution (1887)
• 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)

Concern with Lili‘uokalani’s Attempt to Rewrite the Constitution
• “When Lili‘uokalani became Queen, she took the following oath: ‘I solemnly swear in the presence of Almighty God, to maintain the Constitution of the Kingdom whole and inviolate, and to govern in conformity therewith.’” (UH Law School)
• “On January 14, 1893, Lili‘uokalani was prepared to ignore the constitutionally mandated approval-by-two-successive Legislatures process for amending the 1887 Constitution by announcing a new constitution in place of Kalākaua’s 1887 Constitution.” (UH Law School)
• “She did not do so because the Cabinet she appointed on January 13, 1893, refused her authorization request. The members of that Cabinet were Samuel Parker, William Henry Cornwell, Jr,, Arthur P. Peterson and John Colburn. Parker was a Native Hawaiian.” (UH Law School)

Some Native Hawaiian Dissatisfaction with the Acts of Kalākaua and Lili‘uokalani
• Robert W Wilcox – the man who figured so prominently & conspicuously in the revolution of 1889 (All quotes from Wilcox, Morgan Report)
o “Queen Lili‘uokalani brought these evils upon herself and the country both by her personal corruption, and that of her Government.”
o “I believe that if we can be annexed to the United States, the rights of all of our citizens, and especially those of the native Hawaiians, will be protected more carefully than they have ever been under the monarchy.”
o “They are naturally somewhat prejudiced against (the Provisional Government), as monarchy is the only form of Government with which they are familiar, but this feeling will quickly wear away as the Hawaiians are led to see that the Government is friendly to them and their interests. They already have confidence in the integrity and patriotism of President Dole.
o “I have repeatedly (advocated annexation to the United States) in public meetings held in this city. … but I am compelled to move cautiously or I shall lose my influence over them. I believe I am doing a good work by constantly conversing with them on the subject.”
o “I have told my countrymen that the monarchy is gone forever, and when they ask me what is the best thing to follow it I tell them annexation, and I firmly believe that in a very short time every Hawaiian will be in favor of that step.” (Robert W Wilcox – the man who figured so prominently & conspicuously in the revolution of 1889; Morgan Report)

Repeated Changes in Cabinet Ministers in the Kalākaua and Lili‘uokalani Reigns
• “Under every constitution prior to 1887 the ministers were appointed by the King and removed by him; but until Kalākaua’s reign it was a very rare thing that any King changed his ministry. They had a pretty long lease of political life.” (Judd; Blount Report)
• “It was a very rare political occurrence, and made a great sensation when a change was made.” (Judd; Blount Report) if

January 14, 1893 Lili‘uokalani’s Ministers Refused to Support Her Constitution – Threats of Bloodshed were Made Against Her Cabinet Ministers
• “The Queen retired to the blue room and summoned the ministers (Samuel Parker – Minister of Foreign Affairs; John F Colburn – Minister of Interior; William H Crowell – Minister of Finance; Arthur P Peterson – Attorney General) who repaired at once to the palace. The Queen was at a table, still dressed in the magnificent costume of the morning, and sparkling in a coronet of diamonds.”
• “She at once presented them with the draft of the new constitution, demanded their signatures, and declared her intention to promulgate the same at once.”
• “Attorney-general Peterson and Minister of Interior Colburn decidedly refused to do so, and Ministers Cornwell and Parker, though more hesitatingly, joined their colleagues in this refusal.”

The Provisional Government (and subsequent Republic, Territory & State) did not steal the land from the Hawaiian people – Crown Lands Remain in the Public Trust
• Crown and Government Lands, though under the control of changing sovereigns and governments (Kingdom to Provisional Government to Republic to Territory to State,) were in and continue to remain in the ‘public domain’ for the public good.
• US Court of Claims concluded, “The constitution of the Republic of Hawai‘i, as respects the crown lands, provided as follows: ‘That portion of the public domain heretofore known as crown land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government …” (Lili‘uokalani v The United States, 1910)
• We now generally refer to the Crown and Government Lands as ‘ceded’ lands. Under the Admission Act, about 1.2-million acres are to “be held by (the) State as a public trust” to promote one or more of five purposes:
o support of the public schools and other public educational institutions
o betterment of the conditions of native Hawaiians (per the Hawaiian Homes Act, 1920)
o development of farm and home ownership on as widespread a basis as possible
o making of public improvements
o provision of lands for public use

The United States does not have to acquire property only through a Treaty of Annexation with a concurring vote by the US Senate.
• Annexation of Hawai‘i to the US was not a hostile takeover, it was something the Republic of Hawai‘i sought. “There was no ‘conquest’ by force in the annexation of the Hawaiian Islands nor ‘holding as conquered territory;’ they (Republic of Hawai‘i) came to the United States in the same way that Florida did, to wit, by voluntary cession”. (Territorial Supreme Court; Albany Law Journal)
• “There is no provision in the Constitution by which the national government is specifically authorized to acquire territory; and only by a great effort of the imagination can the substantive power to do so be found in the terms of any or all of the enumerated powers.” (Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea, October 4, 1988)

http://imagesofoldhawaii.com/wp-content/uploads/Overthrow.pdf

One more correction to the many misconceptions … on January 17, 1893, the Hawai‘i constitutional monarchy was overthrown, not the Hawaiian race.

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December 26, 2017 by Peter T Young Leave a Comment

The Aliʻi, the Missionaries and Hawaiʻi

On October 23, 1819, the Pioneer Company of American Protestant missionaries from the northeast US, led by Hiram Bingham, set sail on the Thaddeus for the Hawaiian Islands.

Over the course of a little over 40-years (1820-1863 – the “Missionary Period”,) about 180-men and women in twelve Companies served in Hawaiʻi to carry out the mission of the American Board of Commissioners for Foreign Missions (ABCFM) in the Hawaiian Islands.

Collaboration between native Hawaiians and the American Protestant missionaries resulted in, among other things, the introduction of Christianity, the creation of the Hawaiian written language, widespread literacy, the promulgation of the concept of constitutional government, making Western medicine available and the evolution of a new and distinctive musical tradition (with harmony and choral singing).

By the time the Pioneer Company arrived, Kamehameha I had died and the centuries-old kapu system had been abolished; through the actions of King Kamehameha II (Liholiho,) with encouragement by his father’s wives, Queens Kaʻahumanu and Keōpūolani (Liholiho’s mother,) the Hawaiian people had already dismantled their heiau and had rejected their religious beliefs.

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. 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.

Introduction of Christianity

Within five years of the initial arrival of the missionaries, a dozen chiefs had sought Christian baptism and church membership, including the king’s regent Kaʻahumanu. The Hawaiian people followed their native leaders, accepting the missionaries as their new priestly class. (Schulz)

Kamakau noted of her baptism, “Kaʻahumanu was the first fruit of the Kawaiahaʻo church … for she was the first to accept the word of God, and she was the one who led her chiefly relations as the first disciples of God’s church.”

Creation of the Hawaiian Written Language

When Captain Cook first made contact with the Hawaiian Islands in 1778, Hawaiian was a spoken language but not a written language. Historical accounts were passed down orally, through oli (chants) and mele (songs.)

After Western contact and attempts to write about Hawaiʻi, early writers tried to spell words based on the sound of the words they heard. People heard words differently, so it was not uncommon for words to be spelled differently, depending on the writer.

In addition to preaching the gospel, one of the first things Bingham and his fellow missionaries did was begin to learn the Hawaiian language and create an alphabet for a written format of the language. The 12-letter we use today was established by the missionaries on July 14, 1826.

Widespread Literacy

The missionaries established schools associated with their missions across the Islands. This marked the beginning of Hawaiʻi’s phenomenal rise to literacy. The chiefs became proponents for education and edicts were enacted by the King and the council of Chiefs to stimulate the people to reading and writing.

By 1831, in just eleven years from the first arrival of the missionaries, Hawaiians had built over 1,100-schoolhouses. This covered every district throughout the eight major islands and serviced an estimated 53,000-students. (Laimana)

The proliferation of schoolhouses was augmented by the missionaries printing of 140,000-copies of the pī¬ʻāpā (elementary Hawaiian spelling book) by 1829 and the staffing of the schools with 1,000-plus Hawaiian teachers. (Laimana)

By 1853, nearly three-fourths of the native Hawaiian population over the age of sixteen years were literate in their own language. The short time span within which native Hawaiians achieved literacy is remarkable in light of the overall low literacy rates of the United States at that time. (Lucas)

Constitutional Government

King Kamehameha III asked missionary William Richards (who had previously been asked to serve as Queen Keōpūolani’s religious teacher) to become an advisor to the King as instructor in law, political economy and the administration of affairs generally.

Richards gave classes to King Kamehameha III and his Chiefs on the Western ideas of rule of law and economics. His decision to assist the King ultimately resulted in his resignation from the mission, when the ABCFM board refused to allow him to be in the mission while assisting the King.

Of his own free will, King Kamehameha III granted the Constitution of 1840, as a benefit to his country and people, that established 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.

Western Medicine

Judd, a doctor by training, had originally come to the islands to serve as the missionary physician. While in that role, Judd set up part of the basement in the Mission House as a Western medicine pharmacy and doctor’s office, beginning in 1832.

Judd wrote the first medical book in the Hawaiian language and later formed the first medical school in the Islands. Ten students were accepted when it opened in 1870, all native Hawaiians (the school had a Hawaiians-only admissions policy.)

Later (when Richards was sent on a diplomatic mission to the US and Europe to recognize the rights of a sovereign Hawaiʻi,) King Kamehameha III asked missionary Gerrit P Judd to resign from the mission and serve as his advisor and translator.

Distinctive Musical Tradition

Another lasting legacy left by the missionaries in the Islands related to music. Some songs were translations of Western songs into Hawaiian; some were original verse and melody.

Oli and mele were already a part of the Hawaiian tradition. “As the Hawaiian songs were unwritten, and adapted to chanting rather than metrical music, a line was measured by the breath; their hopuna, answering to our line, was as many words as could be easily cantilated at one breath.” (Bingham)

Missionaries used songs as a part of the celebration, as well as learning process. “At this period, the same style of sermons, prayers, songs, interrogations, and exhortations, which proves effectual in promoting revivals of religion, conversion, or growth in grace among a plain people in the United States, was undoubtedly adapted to be useful at the Sandwich Islands. … some of the people who sat in darkness were beginning to turn their eyes to the light”. (Bingham)

“In view of the fact that the best modern Hawaiian music, now known the world over, owes much to the musical form of these early hymns, one wishes that history had been less restrained. Yet, even in default of any direct, consecutive record, one may piece out quite a little of the story of Hawaiian hymns from references in early letters and accounts of their printing.”

“And when one has the good fortune to touch with one’s own hands many of the early songbooks printed in Hawaiian, the search toward a complete account of them becomes a fascinating pursuit.” (Wilcox; Damon The Friend, March 1935)

“When our Protestant missionaries came to hymnody in Hawaiian – as they very soon did – they reared a natural superstructure upon this rich and rhythmical foundation of the Bible. It was a veritable treasure house.”

“But strangely, too, another very deep-seated source of balance and rhythm and figured speech flowed in the cultural consciousness of the Hawaiian people to whom these new Christian messages were being brought. Instinct in the Hawaiian mode of thought was the impulse and the act of prayer, of supplication, of praise.” (Wilcox; Damon The Friend, March 1935)

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