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.

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.

Rank depended primarily upon blood; but of great importance was the conduct of life by which one could, by carelessness in preserving the kapu and in making proper marriages, lose caste and prerogatives under the severe discipline of the Aha-ali‘i (Council of Chiefs,) or could, through a royal marriage, raise the rank of one’s descendants upon the family line. (Beckwith)

“Beginning with Kamehameha I, Hawaiian ali‘i had been keenly aware of the vulnerability of Hawai‘i to Western imperialist powers. He and his chiefs knew that the sheer numbers and military might of the Western powers could not be resisted by Hawaiian defenses.”

“As a result, Kamehameha I began looking for ways to protect his Hawai‘i Island Kingdom from Western powers even before he had succeeded in uniting the Hawaiian Islands.”

“Their traditional world had been changing for decades: increased contact with Western influences in the late eighteenth century, the Kamehameha wars, and Kamehameha’s death followed by the abrogation of the kapu system in 1819, population decline due to Western diseases, … rapidly changing economics and their traditional way of life, in general.”

“When the [American Board of Commissioners for Foreign Missions] ABCFM missionaries arrived [in 1820] with this background and learned that the ‘ai kapu had been abrogated, they believed it to be caused by divine intervention. But they were met with understandable apprehension.”

“The mō‘i and ali’i were engaged in a search for sovereignty in Euro-American terms. In order to maintain their independence in an era of imperialism, they created a nation that would be recognized as sovereign by other civilized nations.”

“Allegedly ‘primitive’ societies were being annexed by European nations throughout the Pacific in the mid nineteenth century, including closely related Polynesian societies in New Zealand, Tahiti, and the Marquesas.”

“As Britain, France, and the United States vied for power and influence in the Pacific, each sent warships to the islands demanding special treatment for its resident citizens and threatening to take over the kingdom.”

“In response to these pressures, Kamehameha III and the high-ranking chiefs were engaged in transforming the Hawaiian system of law and governance into an Anglo-American political system under the rule of law.”

“Their strategy was to create a ‘civilized’ nation, in European terms, to induce those European and American powers whose recognition defined sovereign status to acknowledge the kingdom’s independence.” (Sally Engle Merry)

“William Richards, an ABCFM missionary, became an important resource for the chiefs when he arrived among the Second Company in 1823. He and his wife, Clarissa, were stationed at Lahaina one month after their arrival in Honolulu.”  (Kokua Aku, Kokua Mai; Woods, Nogelmeier and Sai)

William Richards briefly went to the continent.  “When Mr Richards returned from a visit to the United States his place as minister at Lahaina had been filled by Dr. Baldwin and Mr Richards had been withdrawn.”

“Hoapill therefore requested that Mr Richards become instructor for the king and his court, since he had been a father to the chiefs of the royal family at Lahaina and to those of all Maui, and had carried them through their troubles.” (Kamakau)

“It was thus that Mr Richards had taught the chiefs of Maui, ‘The power of the law must be alike over rich and poor; in order to govern peacefully the law must have power over all alike’; and these few words had given him such a reputation for fairness and effectiveness that the king now chose Mr Richards as minister and instructor in the affairs of government.” (Kamakau)

“Richards’ initial service in his new position was a course of lectures to the chiefs on political economy and the general science of government. Writing just a week after he began his new work, he stated:

‘I lecture to the chiefs on Political economy, every day at 10 o’clock, making use of Waylands system as the foundation … I endeavor to propose some practical subject every day.’” (Richards, Kuykendall)

“Mr. Richards was chosen as their leader to teach the chiefs to understand the ways in which other races of men lived.”  (Kamakau)

“Richards was the mapmaker, but the ali’i were the captains who made the crucial decisions about what direction to sail the ship of state.”

“The Hawaiian ali‘i (chiefs) and their Hawaiian advisors developed the pathbreaking 1839 Declaration of Rights and 1840 Constitution with instruction and guidance from William Richards”. (Kokua Aku, Kokua Mai; Woods, Nogelmeier and Sai)

“The Hawaiian people believed in William Richards (Rikeke), the foreigner who taught the king to change the government of the Hawaiian people to a constitutional monarchy and end that of a supreme ruler, and his views were adopted.”

By means of these lessons in political economy with the chiefs he was educating them to confer together as leaders of other governments did, to compare the constitutional form of government with governments which had no constitution …

… and to see that the constitutional form of government belonged to those governments which were most famous and whose king, chiefs, and people were most advanced. Such governments excelled in knowledge and wealth and represented progress in the search after wealth and trade.

Thus the minds of the chiefs became enlightened. ‘So this is it! [said they] Here is the way to gain wealth and honor.’ Perhaps these chiefs were right, perhaps wrong.

“(He) 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. …”

“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 (him) with the question, ‘Pehea la e pono ai,’ (How will it be bettered?)” (Richards Report to the Sandwich Islands Mission, May 1, 1839)

“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)

Mahune (with others from Lahainaluna) drafted the 1839 Hawaiian Bill of Rights, also known as the 1839 Constitution of Hawaiʻi.  This document was an attempt by King Kamehameha III and his chiefs to guarantee that the Hawaiian people would not lose their tenured land, and provided the groundwork for a free enterprise system.

Many refer to that document as Hawaiʻi’s Magna Charta (describing certain liberties, putting actions within a rule of law and served as the foundation for future laws.)  It served as a preamble to the subsequent Hawaiʻi Constitution (1840.)

It was a great and significant concession voluntarily granted by the king to his people. It defined and secured the rights of the people, but it did not furnish a plan or framework of the government.  (Kuykendall)

The Declaration of Rights of 1839 was influenced by Christian fundamentals, as well as rights noted in the US Declaration of Independence; it recognized three classes of persons having vested rights in the lands; 1st, the Government; 2nd, the Chiefs; and 3rd, the native Tenants. It declared protection of these rights to both the Chiefly and native Tenant classes.

Constitution of 1840

Then, Kauikeaouli (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 (the Bayonet Constitution).” (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)

How do the Hawaiian Kingdom Constitution (1840) & Declaration of Rights (1839) compare with the US Declaration of Independence (1776)?

Both documents assert the sovereignty of their respective entities. The Declaration of Independence proclaims the sovereignty of the thirteen American colonies from British rule, while the Hawaiian Constitution asserts the sovereignty of the Hawaiian Kingdom.

Both documents emphasize the importance of individual rights. The Declaration of Independence declares that all individuals are endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. Similarly, the Hawaiian Constitution guarantees various rights to its citizens, such as the right to due process, freedom of speech, and religious freedom.

Both documents outline the establishment of a government structure. The Declaration of Independence expresses the intention to form a new government that derives its powers from the consent of the governed. Similarly, the Hawaiian Constitution establishes a governmental framework, delineating the roles and responsibilities of different branches of government.

Both documents acknowledge the concept of natural law. The Declaration of Independence asserts that governments are instituted to secure the natural rights of individuals. Likewise, the Hawaiian Constitution recognizes the principles of natural law and acknowledges the importance of maintaining harmony and balance with the natural environment.

While there are some similarities between the Declaration of Independence and the Hawaiian Constitution, it is important to note that they have different historical contexts and purposes. The Declaration of Independence marked the birth of a new nation, while the Hawaiian Constitution was a governing document for the Hawaiian Kingdom. (Alika Desha, ChatOn)

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