Old Courthouse | Images of Old Hawaiʻi

September 21, 2018 by Peter T Young 1 Comment

James Walker Austin

James Walker Austin (1829-1895) was born in Charlestown, Massachusetts, January 8, 1829, son of William Austin (1778- 1841) and Lucy Jones (1802-1853).

“My father died in my boyhood (in Charlestown, June 27, 1841), and now, after nearly fifty years, his pleasant smile, his kind heart, and the light of his countenance are still living memories.” (James Walker Austin)

James was prepared for college in the schools of Charlestown and at the Chauncy Hall School, Boston, and was graduated from Harvard College in 1849, and from the Law School two years later, and was admitted to the Suffolk Bar in 1851.

He went in 1851 to California, and thence to the Hawaiian Islands. He was attracted by the beauty and fertility of the islands, and he determined to settle there.

Austin arrived in Hawaii and was quickly thereafter enlisted by Kamehameha III for his legal services. He served the monarchy in that capacity through the reigns of Kamehameha III, Kamehameha IV and Kamehameha V.

On July 18, 1857, he married Ariana Elizabeth Smith Sleeper (1829-1911) who was the daughter of John Sherborn Sleeper (1794-1878) and Mary Folsom Noble (1798-1885). They were the parents of five children.

He rose rapidly in the public esteem, and was soon chosen to places of trust and honor. In rapid succession he was made District Attorney, Member of Parliament, Speaker of the House, and a Justice of the Supreme Court.

He was also placed on two important Commissions, — one for revising the Civil Code, the other for revising the Criminal Code of the Kingdom. (Edes; Colonial Society of MA, 1895)

In honor of his work for Kamehameha V, James Walker Austin was given the land upon which Kapualei Ranch sits on July 10, 1868. (Kapualei Ranch)

He was admitted to the Bar in that country, and was appointed district attorney. He was elected to the Hawaiian Parliament, and reelected for three sessions. He was speaker of the House one session.

He was the guardian a number of years, of Lunalilo, heir to the throne. “Prince Bill had many fine qualities. In spite of his many fine qualities he was overcome by one weakness. He became addicted to liquor.”

“In 1858 Kanaʻina, out of love and concern for his son, petitioned the court to appoint guardians for him. Prince Bill agreed to this idea even though he was twenty-three years old. So the court appointed his father and two others, Dr. Richard Armstrong and James W Austin, as guardians.” (Galuteria)

In 1868 Austin was appointed judge of the Supreme Court by a special act of the Legislature, and he was chosen to revise the criminal code of the islands, in connection with two other judges of the Supreme Court.

He had been a member of the commission to revise the civil code two years before. These codes were modeled on those of the State of Massachusetts.

He returned to the United States in 1872 for the education of his children. The Austins made 9 Arlington in Boston their home. Their children lived with them: Herbert Austin, who would become an iron and steel dealer; Walter Austin, who would become an attorney and author; William Francis Austin; and Edith Austin.

“Judge Austin was a man of strong character, and of many accomplishments. His integrity was unimpeachable. He had a large circle of friends at the islands, where he had much to do in building up a vigorous and well-ordered community.”

“He was highly esteemed for his many noble qualities. His rugged honesty of opinion and positive ideas were sometimes veiled by his gentle manner; but they never lacked vigorous expression upon all proper occasions, and he always had the courage of his convictions.”

“Frankness, purity of mind and of heart, loyalty to every duty and to friends, and sincerity were marked traits of his character. His sympathies were as tender and quick as a woman’s. Censoriousness had no place in his fine nature; and when he could not approve the actions of others, he cultivated that silence which is golden.”

“He was as generous in his judgments of others as in his gifts to many worthy objects; and in all the relations of life he furnished an example deserving emulation.” (Edes; Colonial Society of MA, 1895)

Austin went to Europe the last year of his life, with his wife and daughter, and they were with him at the time of his death. He died in Southampton, England, October 15, 1895. (New England Historic Genealogical Society)

“In every relation of his long and active life he was an example to be imitated and followed. Sincerity, truthfulness, and frankness spoke in every accent of his voice, in the pressure of his hand, in his manly and gentle spirit.”

“His affections, when once placed, were deep and lasting. His charity of thought and feeling and act seemed instinctive, but it rested on solid and enduring principles.”

“No one who knew him intimately in public or in social life could ever doubt that he was a man of positive opinions, or that he had any hesitancy, when occasion required, in expressing them; but he never unduly pressed his own views, and was eminently tolerant of the opinions, and even the prejudices, of his associates.”

“No man loathed selfishness, deceit, or treachery more than he; but while he condemned the act he pitied the offender. He avoided controversy, and strove to be a peace-maker.”

“After more than twenty years of acquaintanceship – for many years seeing him almost daily – the writer of these lines does not recall an instance of hearing Judge Austin utter a censorious remark upon any man or woman.”

“And it is said that this temper and manner characterized him through his entire career, – in his boyhood days, at the university, at the bar, on the bench, and in all the various associations of his life, – public, social, and domestic.”

“But who can adequately express in words the prompt and unfailing sympathy he manifested for every form of woe and suffering? To many hearts surcharged with sorrow his ready and tender ministries have been a source of hope and courage, of comfort and of strength.

“He was, indeed, a rare man, and the world is poorer now that he has left us.” (Hoyt; New England Historic Genealogical Society)

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Old_Honolulu_Courthouse_illustration

Old_Honolulu_Courthouse

Old_Courthouse_by_Paul_Emmert-1854

9-10-11 Arlington (ca. 1865), before construction of 8 Arlington; courtesy of Anthony Sammarco

8-9-10-11 Arlington (ca. 1942), photograph by Bainbridge Bunting, courtesy of The Gleason Partnership

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February 12, 2017 by Peter T Young 1 Comment

Foreign Help in Quelling 1874 Election Riot

“Department of Foreign Affairs, Honolulu, Feb, 12th, 1874 (to His Excellency Henry A Peirce, Minister Resident of the United States) – Sir: A riotous mob having unexpectedly made a violent attack upon the Court House and the Members of the Legislature, which we have not the force at hand to resist …”

“… I have to request that you will cause to be furnished at the earliest moment possible aid from the US ships ‘Tuscarora’ and ‘Portsmouth’ to the Police, in quelling the riot and temporarily protecting life and property.”

“Your obedient servant, Chas R Bishop,” (A similar request was made to Major James Hay Wodehouse, HBM’s Commissioner and Consul General) to land troops from HBM’s ship ‘Tenedos’.) (Hawaiian Gazette. March 4, 1874)

Whoa, let’s look back …

“During the latter part of January, 1874, the USS Tuscarora left San Francisco, under orders from the Navy Department to run a line of deep sea soundings from that port to Honolulu, with the object of determining a suitable route for a submarine telegraph cable to connect the two ports, these soundings to be taken at intervals of thirty miles apart.”

“When only a few days out from San Francisco and while engaged in taking a sounding in over 2,500 fathoms of water, we were overtaken and passed by the British gunboat Tenedos, which vessel was under full steam and sail power and heading direct for Honolulu.”

“The Tuscarora arrived at Honolulu during the morning of February 3, 1874, and found HBM gunboat Tenedos already anchored in the harbor. The pilot, a Mr. Babcock—I think gave us the only news of any importance in Honolulu at that time, which was to the effect that the Hawaiian King, Lunalilo, was at the point of death.”

“A few days after the death of the King the USS Portsmouth arrived and dropped anchor in the harbor abreast the Tuscarora. The Portsmouth was a sailing sloop-of-war then engaged in surveying work in the north Pacific and was commanded by Commander Joseph S. Skerrett, one of the ablest and most accomplished officers of the US Navy.” (Southerland)

On February 12, 1874, nine days after the death of King Lunalilo, an election was held between the repeat candidate David Kalākaua and Queen Emma, widow of King Kamehameha IV.

The election was held by the members of the legislature, not the public. The election was held in a special session of the Legislature at the old Courthouse on Queen Street (it was almost the last official action to take place in the courthouse.) When the vote was tallied, Kalākaua won by a count of 39 – 6.

Emma’s supporters (referred to as the “Queenites,” “Emmaites” or the “Queen Emma party”) were unhappy with the decision – an angry mob of about 100 of the Queen’s followers gathered.

“The United States Minister, Mr. Pierce, was cognizant of the seriousness of the situation and, in frequent conferences with Commanders Belknap and Skerrett, decided upon a line of action should the election be attended by disturbances which might result in jeopardizing the lives and property of American residents.”

“It was well known to him and others that the few native troops and the police force then in Honolulu could not be depended upon if the followers of the Dowager Queen were defeated at the election.”

“As we were all compelled to remain on board ship in this state of immediate readiness for landing, we were unaware of what was taking place during the session of the legislative assembly at the courthouse.” (Southerland)

“Immediately after the announcement of the election of Prince Kalākaua as King by the legislative Assembly, which took place about three o’clock on the afternoon of the 12th, it became apparent that the natives who stood around the building were not pleased with the result.”

“No outbreak occurred, till the Committee which had been appointed to notify the King of his election attempted to leave the building and enter the carriage waiting to convey them to the Palace. This Committee consisted of five representatives.”

“The crowd surrounded the carriage and laid hands on them, and they attempted to defend themselves, as best they could without weapons, two of them were badly wounded before they effected entrance into the building to which they retreated.”

“The carriage was almost instantly demolished, the spokes and other pieces serving as weapons to arm the rioters, who now began to be warmed up for further destruction.”

“A foreigner by the name of Foley, a British subject, who attempted to assist the Representatives, was knocked down and beaten by the rabble, until the British Commissioner came to his relief and escorted him from the scene.” (Hawaiian Gazette. March 4, 1874)

“The scene at the courthouse was wild in the extreme. About the building, enclosing it and our entire force on all sides, were gathered several thousand natives, quite a number of them grasping arms and legs of chairs and tables, and sticks or billets of wood and, for a time, the noise they made was almost deafening.”

“Many natives ran out of the courthouse from the side and rear, some joining the crowd and some running into the town. The ground around the building was littered with broken furniture, torn books and papers.” (Southerland)

“Immediately on the appearance of the naval forces, the rioters threw down their clubs and left the building, most of them going in a body to Queen Emma’s residence, shouting that to-morrow they would see that she was chosen Queen.”

“Here they continued to be very demonstrative, hurrahing and making speeches, until a detachment of marines and police entered the premises, arrested some and dispersed the rest.”

“The American Minister and the British and French Consuls were also on the ground during the disturbance; and active in endeavors to check the fury of the mob, and when they found their efforts useless, the two former quickly and cordially cooperated in complying with the request of the Government for the landing of troops from the war vessels.”

“Nothing but the prompt appearance by these forces on the scene put a stop to the riot, and saved the further destruction of property.” (Hawaiian Gazette. March 4, 1874)

“Commander Belknap and Commander Skerrett of the United States forces took possession of the square on which the court-house is built; and on seeing this, the mob melted silently and entirely away. The armed marines subsequently, at the request of the Hawaiian authorities, guarded the treasury, arsenal, jail, and station-house.”

“The British marines were marched to the residence of Queen Emma, and, after dispersing the rioters assembled there, they occupied the barracks and guarded the palace itself.” (Liliʻuokalani)

“The American and English landing forces patroled the city for a few nights and about one week later, no other disturbances occurring in the meantime, were withdrawn to their respective ships.” (Southerland)

That wasn’t the only time American Troops landed to keep the peace and/or restore order. It happened a couple of times …

“On the 30th of July, 1889, an insurrection was set on foot by Robert W. Wilcox and Robert Boyd (to overthrow the present Government of Hawaii and depose the King) on the afternoon of the same day, together with their adherents, about 100 in number, were defeated. The ringleader, with about 60 of his followers, was imprisoned.”

“As soon as possible I had communication with Commander Woodward of the USS Adams, and at once all necessary preparations were made to land a force, if found necessary for protection of the people and property interests.” (Merrill, American Legation; Blount Report)

“About 70 sailors and marines from the USS Adams, then in the harbor, were landed by permission with a machine gun to protect life and property at the legation and in the city, and their appearance on the streets had a favorable effect on the populace.”

“In this matter Commander Woodward fully agreed, and by permission of the minister of foreign affairs the forces landed about 5 o’clock pm. Early the following morning all the men belonging to the Adams returned to the ship.”

Americans landed, again, in 1893. “Queen Lili‘uokalani attempted on Saturday, Jan. 14 (1893,) to promulgate a new Constitution, depriving foreigners of the right of franchise and abrogating the existing House of Nobles, at the same time giving her the power of appointing a new House.”

On January 16, 1893, the Committee of Safety wrote a letter to John L Stevens, American Minister, that stated: “We, the undersigned citizens and residents of Honolulu, respectfully represent that, in view of recent public events in this Kingdom, culminating in the revolutionary acts of Queen Liliʻuokalani on Saturday last, the public safety is menaced and lives and property are in peril, and we appeal to you and the United States forces at your command for assistance.” (Pacific Commercial Advertiser, January 17, 1893)

“(A) small force of marines and sailors was landed from the United States ship Boston, as a precautionary step for the protection of American life and property, and as a safeguard against night incendiarism stimulated by the hope of plunder, greatly feared by many of the best citizens.” (Stevens, The North American Review, December 1893)

“The Marines were detached and sent to the American Legation on Nuʻuanu Avenue, while the sailors marched out along Merchant Street with two gatling guns and made a halt at Mr JA Hopper’s residence. About sundown they moved to the grounds of Mr JB Atherton’s and after a stay of several hours returned to the Arion Hall, where they camped overnight.” (Pacific Commercial Advertiser, January 17, 1893)

“At the time the Provisional Government took possession of the Government buildings, no troops or officers of the United States were present or took any part whatever in the proceedings.” (John Foster, State Department, February 15, 1893, Blount Report)

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Election_Riot_of_1874

Old_Honolulu_Courthouse

USS_Portsmouth

Kalakaua,_photograph_by_A._A._Montano

Queen_Emma_of_Hawaii,_retouched_photo_by_J._J._Williams

Ballot_cards_from_Royal_Election-Saved by SG Wilder mounted in the form of crown, given to Kalakaua-inherited by Prince Kuhio-1874

December 1, 2014 by Peter T Young Leave a Comment

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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January 11, 2013 by Peter T Young Leave a Comment

Honolulu Courthouse

Up to late-1840s, the Judiciary found quarters in other people’s houses.

At the end of 1846 the King’s Privy Council resolved to authorize funds and have Governor Kekūanāoʻa’s stone house within the old fort of Honolulu “be turned into a court house for the foreign judges and Hopkins’ house for a district court house, said houses however to be put in good condition.” Back then this was at the water’s edge.

An act to organize the judiciary department of the Hawaiian Islands was passed in September, 1847. It set up a superior court and otherwise assembled the machinery of law and order.

Beginning early in 1851, as a combined courthouse and jail, work was soon halted “on account of the depth of water found upon the foundation rock, which rendered it impracticable to proceed.”

When work was recommenced in June, the jail had been dropped and the plans for the new building called only for one that would “serve the purposes of the Legislative Assembly, as well as for holding the Courts.”

In October, sixty prisoners were used to cut coral blocks for the Courthouse. One night while staying in houses near their work place (in order to take advantage of a low tide very early in the morning,) forty men overpowered the guards and seized the gun batteries overlooking Honolulu.

Loaded cannon were trained on prominent buildings. But the prisoners lacked fire to set off the pieces. The prisoners were captured and order was restored in the morning.

On July 5, 1852, the superior court of the Kingdom of Hawaiʻi met for the first time. At the time, it was the second largest building in the kingdom and served concurrently as a courthouse, parliament house and civic center.

Judge Lee opened the session of the superior court with an address in which he asked those in attendance to “pause a moment, as we meet for the first time in this temple dedicated to justice, and reflect upon our duties as lawyers, as jurors, and as judges.”

In concluding his address, Judge Lee referred briefly to the new courthouse: “I well remember when I landed on these shores, now nearly six years ago, the court met in an old grass house, floored with mats, without benches, seats or comforts of any kind, with one corner partitioned off with calico, for judge’s office, clerk’s office, police court, and jury room, standing on the very ground where now stands this substantial edifice erected at a cost of upwards of forty thousand dollars, and which would do credit to any land.”

He continued, “Justice in a grass house is as precious as justice in one of coral, but no one can fail to agree with me, that the latter with all its comforts and conveniences is greatly to be preferred, inasmuch as it tends to promote that dignity and propriety of manners so essential to secure a proper respect for the law and its administration. May this Hall ever be the temple of Justice – may its wall ever echo with the accents of truth – may its high roof ever look down upon us in the faithful discharge of our duties — and may the blessing of Him who builded the Heavens and whose throne is the fountain of all justice ever rest upon us.”

When the court house was built, the city gained a new and bigger set of public rooms. The result was that the chambers dedicated to the government’s judicial and legislative processes were the scene of a variety of private and community functions.

In addition to its official function as a courthouse and legislative hall, the building was frequently used for public meetings. The congregation of the Second Foreign Church of Honolulu announced it would use the new court house for its services.

Among the more colorful events to be held at the courthouse were the festivities given during the reign of King Kamehameha IV. On November 13, 1856, the Chinese merchants of Honolulu and Lāhaina combined to give a grand ball to their majesties King Kamehameha IV and Queen Emma, in honor of their recent marriage.

Almost the last official action to take place in the courthouse was the special session of legislature, called for February 12, 1874, to elect a successor to King Lunalilo, who had died without having designated an heir to the throne.

Lunalilo himself had been elected king in this building on January 8, 1873, after Kamehameha V died without issue and without having proclaimed an heir on December 11 of the preceding year.

In accordance with the provisions of the constitution in cases where the previous occupant of the throne failed to nominate or proclaim a successor, the cabinet of the late king called a meeting of the legislative assembly to “elect by ballot some native alii of the kingdom as successor to the throne.” Such a meeting was ordered by the cabinet for noon Feb. 12.

With the Court and Legislative functions in the old Courthouse ended, the regular session of the legislature for 1874 met on April 30, 1874 in the legislative hall of the new government building – Aliʻiolani Hale.

The old Courthouse was advertised for sale at auction in the Pacific Commercial Advertiser of May 9, 1874. The courthouse property was sold to H. Hackfeld & Co., predecessor of American Factors, Ltd. (AmFac – one of Hawaiʻi’s Big Five,) at the upset price of $20,000. As reported by the Hawaiian Gazette, “It is the best business stand in Honolulu.”

The image shows the old Courthouse as drawn by Paul Emmert in 1854 – shortly after the building was completed. In addition, I have included other images of the building in a folder of like name in the Photos section on my Facebook and Google+ pages.

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