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May 28, 2018 by Peter T Young Leave a Comment

Edmund R Butler

Edmund R Butler “arrived at these Islands in the year 1813 from Boston Mass. Shortly afterwards Kamehameha 1st granted him a farm called Kawaiiki, near Honolulu, O‘ahu, in the district of Kapalama.”

“Afterwards in the year 1817, Kamehameha 1st further granted (Butler) a district of land on the Island of Maui, situated between the village of Lahaina and Lahainaluna called Pū‘ou.”

“(He has) continuously occupied these lands until this time, except some portion of the second named land at Lahaina, which was taken from him by the Donor, and conferred upon the seminary at Lahainaluna.”

“The first mentioned land called Kawaiiki, was again assured to the Claimant by his present Majesty (King Kamehameha III) in the year 1831.” (LCA-32 Testimony)

To help tell his story, the following are snippets of the diversity of Butler’s involvement and interests and his time in the Islands …

On August 17, 1818, Hipólito (Hypolite) Bouchard arrived on ‘La Argentina’ at Kealakekua Bay. He found the Argentine corvette ‘Chacabuco’ (‘Santa Rosa’) in the Bay and learned that the crew of the Santa Rosa had mutinied near Chile’s coast and headed to Hawaiʻi, where the crew had attempted to sell the vessel to the Hawaiian king.

King Kamehameha bought the ship (for “6000 piculs of sandal-wood and a number of casks of rum.”) Bouchard found things to trade (reportedly Bouchard gave Kamehameha the honorary title of colonel together with his own uniform, hat and saber (nava-org)) and he took charge of the Santa Rosa, which he had to partially rebuild.

During negotiations with King Kamehameha, he also signed and Kamehameha placed his mark on an agreement.

In part, the agreement set to “consign to Senor Don Eduardo Butler, resident of the Sandwich Islands, the offices of agent of my nation with full authority in national matters, political affairs, national commerce and in mailers of the Cabinets”.

It also noted, “… when ships from the United Provinces of the Rio de la Plata arrive in that dominion that this gentleman (Butler) have authority, in company with Your Majesty Kamehameha, over all matters pertaining to the Government of the United Provinces of the Rio de la Plata … I beg Your Majesty to recognize Senor Don Eduardo as agent of the Government of the United Provinces”.

Reportedly, in the memoirs of Captain José María Piris Montevideo (member of the expedition) Bouchard asserts that Kamehameha signed a Treaty of Commerce, Peace and Friendship with Hipólito Bouchard, which recognized the independence of the United Provinces of Rio de la Plata. (Some suggest this was that document.)

Edmund Butler briefly operated a tavern in Lahaina, Maui, as early as 1819. However, the governor of Maui, strict Christian Hoapili, curbed the sale of liquor on that island. (Hibbard)

Butler was present at the first printing by the American Protestant missionaries, “January 7, 1822 … A day of spiritual interest. Commenced the first printing ever done in the Sandwich Islands, the operators of the printing press having fitted up for the purpose one of the thatched houses built for us by the government.”

“Governor Cox (Ke’eaumoku, Governor of Maui), who seems to take as friendly an interest in our work as any of the chiefs, was present and assisted with his own hands in composing a line or two and in working off a few copies of the first lesson of Hawaiian syllables, having the composing stick put into his hands and being shown when to take and how to place the types and then to pull the lever.”

“Several gentlemen, also, were present, Captain Masters, Captain Henry, Mr. Hunnewell from America, and Mr. Butler, a resident of Maui, who also took an interest in this novel scene, while one of the highest chiefs of these islands aided in commencing the printing of his native tongue.” (Gulick)

In 1823, when the Second Company of missionaries arrived, and Taua, Reynolds, Stewart, Loomis and Betsey Stockton escorted the ailing Keōpūolani to Lāhainā, they noted …

“The settlement is far more beautiful than any place we have yet seen on the islands. The entire district, stretching nearly three miles along the sea-side, is covered with luxuriant groves …”

“… not only of the cocoa-nut, (the only tree we have before seen, except on the tops of the mountains,) but also of the bread-fruit and of the kou, a species of cordia, an ornamental tree, resembling, at a distance, a large and flourishing, full, round-topped apple-tree …”

“… while the banana plant, tapa, and sugar-cane, are abundant, and extend almost to the beach, on which a fine surf constantly rolls.”

“On coming to an anchor, Karaimoku (Kalanimōku) expressed his regret that there was no house at the disposal of himself or the queen, suitable for our accommodation: and wished us to procure a temporary residence with Mr. Butler, an American established here, till houses could be provided for us by Keōpūolani.”

“We were soon met by Keōua, the governor of Lāhainā, to whom I delivered a letter of introduction from his friend Laʻanui, at O‘ahu, and proceeded in search of the plantation of Mr. Butler.”

“We found his enclosure pleasantly situated about a quarter of a mile directly in rear of the landing-place, and were received by him in a kind and friendly manner.”

“When acquainted with our object in coming to Lahaina, he proffered every assistance in his power, and tendered his best house for the reception of our families.”

“His civility greatly prepossessed us in his favour, and made us almost forget that we were in the land of strangers.”

“He returned to the barge with us, to bring the ladies on shore; and early in the afternoon our whole number were comfortably and quietly settled in the midst of his luxuriant grounds.”

“The thick shade of the bread-fruit trees which surround his cottages – the rustling of the breeze through the bananas and the sugar-cane – the murmurs of the mountain streams encircling the yard – and the coolness and verdure of every spot around us …”

“… seemed, in contrast with our situation, during a six months’ voyage, and four weeks’ residence on the dreary plain of Honoruru, like the delights of an Eden …”

“… and caused our hearts to beat warmly with gratitude to the Almighty Being, who had brought us in safety to the scene of our future labours, and had at once provided us with so refreshing an asylum.” (CS Stewart)

“October 1823 was a dangerous time to be at O‘ahu. The king had been tricked into another drinking bout by American traders while he was at Lahaina in September.”

“As a result, some of his chiefs spread tales around Honolulu that all the white men would be expelled from the island. Then Liholiho and his chiefs took an extraordinary step: they stopped trading and refused to permit any of their people to trade.”

“A report circulated that the king and his chiefs would not pay their sandalwood debts. Talk of rebellion made the gossip rounds, and Edmund Butler, an American resident, warned the king on October 16 that ‘the gentlemen’ (meaning whites) were going to kill him.”

“Clearly, threats against him from members of the American trading community had reached the point where Liholiho needed to take bold, decisive action. It may not have been coincidence that on that same day Starbuck ordered the ship’s company to return from shore duty and put L’Aigle in shape for a long voyage.” (Corley)

Butler’s daughter, Hannah (Hana), was the first wife of James Campbell. In 1850, after several years in Tahiti, Campbell boarded a whaling ship which brought him to Lahaina, Maui. (CHS)

Campbell made a good living as a carpenter and made a fortune investing in sugar production and real estate investing after inheriting property from his first wife, Hannah, in 1858. (Roth) In 1860 James Campbell, with Henry Turton and James Dunbar, established the Pioneer Mill Company, which became the basis of Campbell’s fortune.

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Maui_Nui-SP_Kalama-1838-Maui
Maui_Nui-SP_Kalama-1838-Maui
Lahaina_Town-Map-Bishop-Reg1262 (1884)
Lahaina_Town-Map-Bishop-Reg1262 (1884)
Kamehameha-Bouchard-Agreement-HSA-
Kamehameha-Bouchard-Agreement-HSA-
Kamehameha-Bouchard_Agreement-Translation-(HSA) (1)
Kamehameha-Bouchard_Agreement-Translation-(HSA) (1)

Filed Under: General, Ali'i / Chiefs / Governance, Economy, Missionaries / Churches / Religious Buildings, Prominent People Tagged With: Lahainaluna, Hypolite Bouchard, Kamehameha, Lahaina, 2nd Company, Edmund Butler, Hawaii, American Protestant Missionaries, Missionaries, Maui, James Campbell

May 27, 2018 by Peter T Young Leave a Comment

Sunday Storms

In the 1820s and 1830s, Hawai‘i rulers found themselves between two competing sets of foreigners – merchants and missionaries.

American and European merchants hoped to continue to advance their businesses in the relaxed moral atmosphere of the isolated Islands. A big part of their market were the whalers.

On the other hand, American Protestant missionaries were preaching and teaching the Hawaiians, seeking to Christianize the native population. (Kashay)

White traders and American Protestant missionaries had presented the Hawaiians with two competing visions of life.

Ka‘ahumanu and her followers seem to have concluded that an alliance with the missionaries would bring greater religious, political and economic benefits than the future envisioned from the foreign businessmen.

By adopting Christianity, Ka‘ahumanu and most of the other Chiefs could claim to rule in the name of the God worshipped by most western leaders, perhaps gaining legitimacy and respect in their eyes. (Kashay)

In March 1831, Kaʻahumanu and Kuakini came down hard, imposing moral law in Honolulu. The two restricted liquor licenses, the sale of rum, and gambling. They also tabooed “lewdness, & Sabbath breaking”, meaning that both Hawaiians and foreigners could no longer play games, dance, ride horses, or carouse on Sundays.

At a public meeting on April 1, 1831, Kauikeaouli announced that he had sequestered the lands, forts and laws of Honolulu, and had given them to Kaʻahumanu.

She, in turn, decreed that future governmental policy would be based on the 10 Commandments, and put Kuakini in charge of enforcement. (Daws)

The new Governor threatened that ‘if any transgressed he should take all their property and pull their houses down.’ Under the leadership of a native by the name of ‘Big Ben,’ the Hawaiian police constantly patrolled the streets of Honolulu.

As part of their new duties, they invaded private homes, grog shops, and gambling halls, searching for contraband liquor and lawbreakers. In the process, Big Ben’s force confiscated drinks, broke up billiard, bowling, and card games, and wreaked havoc on the lives of the foreign population. (Kashay)

For example, as William French rolled a newly purchased cask of wine to his house, he was surrounded by a group of soldiers who confiscated the barrel and took it to the fort overlooking Honolulu harbor.

On another occasion, ‘several persons were rolling Ninepins (a bowling game,) the Guard came in & Stole the Balls and Pins’. Under such circumstances, the foreign merchants expressed anger and frustration over the new restrictions. (Kashay)

In April 1831, when a group of armed Hawaiian soldiers invaded Mr. Dowsett’s billiard room and tried to stop the men from playing, John Coffin Jones, the US Agent for Commerce, and many others, “told them to fire, that they would play as long as they pleased”.

Big Ben then threatened to tear down the building and Jones instructed him to go ahead. Apparently, the soldiers desisted after Richard Charlton rushed to the billiard hall armed with pistols. Leaving Dowsett’s establishment, the soldiers broke into a number of other homes, ransacking them as they searched for hidden caches of rum.

The merchants resisted the crackdown violently. For example, on the occasion when the native police stole the foreigners’ bowling balls and pins, the merchants “hustled” some of the guards.

Kuakini responded to the traders’ Sabbath breaking by confiscating their horses and forcing them to pay fines before they could retrieve them. Kuakini also clamped down on the makaʻāinana (commoners) by sending a crier around the streets, ordering them to attend church and school and to leave the white men alone.

Clearly, the lengths that the foreign businessmen went to resist the moral laws and clashes between the malcontents and commoners indicate that the Christian chiefs’ crackdown had gotten out of hand. (Kashay)

The missionaries, supported by the chiefs, were able to extend their sabbatarianism. At the height of the conflicts (storms), “crowd(s) of natives gathered in the streets each Sunday to watch club-wielding policemen topple foreigners from horseback”. (Daws)

Somewhat ironically, all seamen, whether pious or otherwise, were concerned to preserve their perceived right to leisure time of a sort on Sundays. Tradition said that only essential work was done on shipboard on the Sabbath, but on most whalers essential work included taking and rendering of whales.

Normal leisure patterns might include washing clothes, scrimshawing, overhauling personal possessions in one’s sea chest, or simply relaxing. (Busch)

New England captains were familiar with quiet Sundays, but still might be surprised at the extent of regulation in a society where virtually no activities were permitted on the Sabbath aside from religious observances, and certainly not such suspect pagan traditional practices as dancing.

That trade on Sunday might be prohibited was no surprise; stores were not open at home either. But other aspects excited comment: “the natives are forbide to do anything not as much as to cook their victuels,” recorded Shadrack Freeman of the Orion at O‘ahu in 1831. (Busch)

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Missionaries_preaching_under_kukui_groves,_1841
Missionaries_preaching_under_kukui_groves,_1841

Filed Under: General, Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings, Sailing, Shipping & Shipwrecks, Economy Tagged With: Whalers, Sailors, Hawaii, Missionaries, Sunday Storms, Merchants

May 20, 2018 by Peter T Young 1 Comment

Tetautua

“The voyage of the Tetautua is as remarkable as that of the Japanese junk which came ashore here in the early fifties or sixties. The Islands are the dumping ground of all kinds of ocean flotsam and jetsam.”

Early in the year 1898 the clipper schooner Tetautua was lost to its bearings about a week out of Papeete, Tahiti, and eighty-two days from the beginning of the voyage arrived May 21, 1898 at the port of Ho‘okena, Hawai‘i. (HHS)

“She had sailed from Tahiti for Penrhyn Island (also called Tongareva, Mangarongaro, Hararanga and Te Pitaka), but, a short time after her departure, a terrific storm broke, before which she was driven for several hours.”

“In this gale the compass was lost, and the crew, unable to navigate the small vessel, insufficiently supplied for a voyage of any length, decided merely to go with wind and tide. The amazing fact is that the schooner is not drifting yet.”

“For forty-two days the crew had no water except what could be caught in sails, and at times suffered severely from thirst.” (Farrell, Pacific Marine Review, December 1920)

“Said (Sheriff) Lazaro: ‘The Tetautua arrived in Ho‘okena (on the Island of Hawai‘i) on May 21st. There was an abundance of food such as flour and rice aboard but no firewood with which to cook it.”

“As to water, it happened that three days before sighting Hawaii, they were blessed with a shower which gave them about three gallons. Previous to this they had suffered for many days from thirst. When the schooner arrived at Ho‘okena the people aboard were in a pitiable state.’”

“‘I furnished them with all the necessaries in the line of eatables and they were made very comfortable.’”

“‘When the Tahitians began to look about them they expressed great wonder at various objects unknown in their native land. Never did they once complain about their ill luck; a more affable set of people I have never met. They are graceful in the extreme and were thankful for the favors done them.’”

“‘The Tahitian language is so very similar to the Hawaiian, that it was not long before I could understand them as well as people of my own race.’”

“‘They do not pronounce their words in a very distinct manner but seem to depend on the sound and force placed on the various syllables for the meaning which they wish to convey.’”

“‘When they first came ashore they shouted ‘Tanotapu,’ one of the islands, near their home. When they spied some of us on horseback they shook their heads signifying a mistake and called our animals ‘pua-a hele honua’ which means pigs that travel over the earth.’”

“‘We told them they had landed in Hawai‘i. This word they could not say but persisted in calling it ‘Pahi.’”

“‘The sympathy of the people of Ho‘okena was with the castaway Tahitians from the moment they landed. They were to have been given a big luau on Tuesday but it was necessary for the vessel to make Honolulu so there was a regular hookupu and all the eatables were sent aboard.’” (Pacific Commercial Advertiser, May 27, 1898)

“There were eight Tahitians aboard the Tetautua when she arrived at Honolulu, and one Frenchman had quit her at Ho‘okena and preceded her to Honolulu”. (Farrell, Pacific Marine Review, December 1920)

“‘On Sunday night the captain of the vessel gave a short and interesting talk in the church, telling of the voyage and of some of the customs and laws of his country.’”

“‘Upon arrival off port on Wednesday night, the Tahitians threw up their hands and shouted ‘Honolulu’ as if they were arriving back in their own home.’”

“Deputy Sheriff Lazaro will return to his home on the Mauna Loa today. He is an old sailor and, on that account was entrusted with the mission of piloting the Tetautua to this port.” (Pacific Commercial Advertiser, May 27, 1898)

“The British schooner Tetautua which drifted in towards the Kau coast some time ago, sailed for her home in Tahiti yesterday morning. She was sent back in charge of Captain Cook, an old sea captain, well acquainted with the Islands of the South Pacific.” (Hawaiian Gazette, June 10, 1898)

“From (Captain John Cook) a Honolulu gentleman received the following letter by the Moana: Tahite, City of Papeete, July 18, 1898 …”

“‘Friend Charley: Arrived here safe and sound, after a passage of thirty-eight days. We stopped at Hoaheine Island one day to get provisions, and reached this place last night. Mail steamer leaves at 9 this morning. Do not know yet what I will no. Give my aloha to all my friends. Yours truly, John W Cook.’” (Pacific Commercial Advertiser, August 22, 1898)

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Hookena Landing, Kona
Hookena Landing, Kona

Filed Under: General, Sailing, Shipping & Shipwrecks Tagged With: Hookena, Tetautua, Hawaii, Kona, Tahiti, South Kona

May 17, 2018 by Peter T Young Leave a Comment

Belgian Company of Colonization

Peter Allan Brinsmade, 25, accompanied by his wife and child; William Ladd, 26, with his wife and child, and William Hooper, 24, single, arrived on Kauai on July 27, 1833, on the Brig Velocity. Brinsmade and Ladd were from Hallowell, Maine and Hooper from Boston, Massachusetts.

They started the firm Brinsmade, Ladd and Hooper; the name of the firm was changed in 1835 to Ladd & Company. On September 13, 1835, Ladd & Co., began the first major (and successful) Hawaiian sugar plantation.

In 1836, the Koloa Sugar Plantation consisted of 25 acres of sugar cane, 20 houses for laborers, 1 house for a superintendent, carpenter shop, blacksmith shop, mill dam, sugar house, boiling house, and the mill. (Ladd & Co)

They ran a sugar plantation for 12 years. In addition to the enterprise at Kōloa, Kauai, the company ran a profitable mercantile operation in Honolulu.

On November 24, 1841, Ladd and Company signed an agreement with the Hawaiian Kingdom. Then on May 17, 1843, an agreement was signed in the city of Brussels, in the kingdom of Belgium, between the Sandwich Islands Government, the Belgian Company of Colonization, and Ladd and Company.

The ‘Belgian Contract,’ signed in Brussels May 17, 1843, was a tripartite agreement between Kamehameha III (represented by Ha‘alilio and William Richards), Ladd and Company, and the Belgian Company of Colonization.

Ladd and Company transferred all of their properties and rights in the Hawaiian islands to the Belgian Company of Colonization, and the latter company agreed to organize a subsidiary corporation, called the ‘Royal Community of the Sandwich Islands.’

Its intent was “to develop as promptly as possible, the civilization and resources of the Sandwich Islands, by creating agricultural, manufacturing and commercial establishments, and by instituting commercial relations between these Islands and Belgium.” (Kuykendall)

“It was really a gigantic sale of Ladd and Co.’s property, involving all concessions and privileges obtained by them, the price for which, taken in the contract, was $1,067,000, or £42,680.”

“The manner of proceeding was, the transfer by Brinsmade of all property material and immaterial which he had power to pass, together with rights and concessions over which Mr. Richards had power, to the Belgian Company of Colonisation.”

“The contract or treaty was tripartite, the three parties to it being the King of Hawaii, represented by Haalilio and Richards; the house of Ladd and Co., acting by Brinsmade; and the Belgian Company of Colonisation, by its deputies, the Count of Hompesch and M. Joseph Vanderburghen de Binckum.”

“The Colonisation Company was only instrumental in this transaction. Its office was to organise the ‘Royal Community of the Sandwich Islands’ and to transfer to that society, when formed, the property, rights, and titles which it was to possess.”

“The community was, however, on its European side, to remain under ‘the patronage and high administration of the Belgian Company of Colonisation;’ whilst in the scene of its activity, it would he under the patronage and protection of the Hawaiian king.”

“Four interests were to be created in the undertaking, namely, the King of Hawaii; the Belgian Colonisation Company; the Labourers and Employes; and the Stockholders. “

“The property acquired by the Belgian Colonisation Company was to be divided into 500 titles, 100 of which were to be given to the King of Hawaii, so that His Majesty would still possess a share of his own country.” (Hopkins)

“By the 28th article, ‘all persons, of whatever profession in the service of the community, and introduced into the islands under the auspices of the community, with the approbation of the King of the Sandwich Islands, shall receive in fee simple twenty hectares of land.’”

“By the 27th article, 100 titles were set apart to support schools for the children of the labourers, a health establishment, an orphanage, and pensions for impotent and superannuated employes.” (Hopkins)

On April 13, 1844, at Brussels, the “Statutes of the Royal Community of the Sandwich Islands” were signed by Haalilio, Richards, Brinsmade, and the president of the board of directors of the Belgian Company of Colonization. (Kuykendall)

“(T)he effect of which, had it actually become operative, would have been to have destroyed the independence of the islands and to have gradually vested all property in them in the proprietary of the Belgian Company.” (Hopkins)

“Ha‘alilio signed the contract with great reluctance, and the king and chiefs were highly displeased over its execution. This Belgian contract gave a great deal of trouble before it was finally discredited.” (Jarves)

“Fortunately for the people of Hawaii, this new South Sea scheme never went into operation.” (Hopkins)

“The first blow which fell on its promoters was the news of Lord George Paulet’s occupation of the islands; then came delays until October 1844, when some merchants wanted to re-construct the plan ‘as a purely commercial company.’”

Nothing, however, came of the last proposition. (Hopkins)

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Belgium Colonization Ambitions in Central America
Belgium Colonization Ambitions in Central America

Filed Under: General, Ali'i / Chiefs / Governance, Economy Tagged With: Belgium, Belgian Company of Colonization, Ladd and Company, Belgian Contract, Royal Community of the Sandwich Islands, Hawaii, Timothy Haalilio, William Richards

May 16, 2018 by Peter T Young Leave a Comment

Married Women’s Property Bill

Lorrin A Thurston introduced the Married Women’s Property Bill in the 1886 legislature to reverse what he saw as a grave injustice in early Hawaiian law that gave all of a woman’s property to her husband on marriage. (Twigg-Smith)

The Bill stated, “The real and personal property of a woman shall, upon her marriage, remain her separate property”.

“Mr. Palohau said if the bill passed it would cause domestic trouble.”

Mr. Kaunamano moved the bill be indefinitely postponed. It makes the woman the head of the house, and that was contrary to holy writ. The man would have to take a back seat. The present law was definite, and was well understood. Why not let well enough alone.”

“Mr. Nahinu said he opposed the bill from beginning to end. This law sets aside the law of God. Woman was made for man, and not man for woman. If it got into effect it would break up families. …”

“Third reading of an Act relating to the property of married women. Mr. Kalua moved the bill pass.”

“Mr. Palohau thought the bill should be considered section by section. He did not approve of section 2, as it says that, ‘a married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole.’”

“The Attorney General seemed to be looking at the speaker with some astonishment, but he did not understand Hawaiian women as well as the speaker did, or the Minister of Finance or the Interpreter.”

“Mr. Thurston said that when he introduced the bill he expected some of the members would be afraid of it, but he never expected that Mr. Palohau, the biggest member in the House, would be one of them. …”

“Mr. Thurston said that if the bill was properly understood there would be no objection. It was for the protection of every woman. It provides that a man going into business cannot use his wife’s property in that business.”

“Mr. Thurston then cited several cases that had come under his own personal notice, to show that this bill would be very effective.”

“Mr. Kauhane spoke in favor of the bill He thought it very good law.”

“Mr. Kaulukou thought perhaps that the members did not understand the bill, therefore he moved it be considered section by section. Agreed to.”

“Section 1. The real and personal property of a woman shall, upon her marriage, remain her separate property, free from the management, control, debts and obligations of her husband …”

“… and a married woman may receive, receipt for, hold, manage and dispose of property, real and personal, in the same manner as if she were sole.”

“On motion of His Excellency Mr. Dare, the section was passed.”

“Section 2. A married woman may make contracts, oral and written, sealed and unsealed, in the same manner as if she were sole, except that she shall not be authorized hereby to make contracts with her husband.”

“Mr. Kaai moved the section pass.”

“Mr. Kaunamano moved it be indefinitely postponed.”

“Mr. Kaai was in favor of the section. In justice to women, they should have some control of their own property.”

“Mr. Palohau moved to insert at the end of the section, ‘if the husband fails to provide for her or her family.’”

“Mr. Nahinu moved to strike out the words ‘in the same manner as if she were sole,’ and inert, ‘with the consent of her husband.’”

“Mr. Richardson moved the section pass as is the bill, he remembered a woman who owned some sugar land. Her husband sold it, and is now living with another woman in a foreign country, enjoying himself on the proceeds. Mr. Richardson also quoted other instances of a similar nature.”

“His Excellency Mr. Dare said it afforded him pleasure to be in accordance with Mr. Thurston. He (the speaker) signed the committee report to pass this bill.”

“He did so, believing the bill was in advance of the state of this community. Any temporary inconvenience that might attend the passage of such a law at this time would be more than compensated for in the future by the beneficent of the law.”

“They did not contemplate a reversal of things by this bill, but they did contemplate that the Hawaiian woman should take her place alongside of her sisters of the United States, England and other countries.”

“It was oftener the man than the woman who squanders the substance. This bill provides that if a man raises a family, and is saving, so as to be able to endow his daughter, and she should marry a spendthrift, the latter could not squander her money.”

“He believed the bill to be a wise one, and on the inarch to civilization, and it should be on the statute books of the Kingdom.”

“The motions to indefinitely postpone the section and the amendments were lost.”

“The section passed as in the bill.”

“Section 3. All work and labor performed or services rendered by a married woman for or to a person other than her husband and children shall, unless there is an express agreement on her part to the contrary, be presumed to be performed or rendered on her separate account.”

“On motion of Mr. Kaai the section passed.”

“Section 4. A married woman may be an executrix, administratrix, guardian or trustee, and may bind herself and the estate she represents without any act or assent on the part of her husband.”

“On motion of Mr. Dickey the section passed.”

“Mr. Kalua said that as the objections were confined to the first three sections, he moved the balance of the bill pass.”

“Mr. Dole said he had an amendment to make to section 7. He moved the words “her property shall immediately descend to her heirs as if she had died sole” be stricken out. The motion prevailed, and the section passed as amended.”

“The bill then passed as amended. (September 9, 1886)” (Pacific Commercial Advertiser, September 10, 1886)

Present law is similar, “§572-25 Separate property. The real and personal property of a spouse, upon marriage, shall remain that spouse’s separate property, free from the management, control, debts, and obligations of the other spouse …”

“… and a spouse may receive, receipt for, hold, manage, and dispose of property, real and personal, in the same manner as if that spouse were sole.” (HRS)

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Hale_Pili-Kalihiwai-(ksbe)
Hale_Pili-Kalihiwai-(ksbe)

Filed Under: Ali'i / Chiefs / Governance, General Tagged With: Hawaii, Lorrin Thurston, Married Women

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Images of Old Hawaiʻi

People, places, and events in Hawaiʻi’s past come alive through text and media in “Images of Old Hawaiʻi.” These posts are informal historic summaries presented for personal, non-commercial, and educational purposes.

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Hoʻokuleana LLC

Hoʻokuleana LLC is a Planning and Consulting firm assisting property owners with Land Use Planning efforts, including Environmental Review, Entitlement Process, Permitting, Community Outreach, etc. We are uniquely positioned to assist you in a variety of needs.

Info@Hookuleana.com

Copyright © 2012-2024 Peter T Young, Hoʻokuleana LLC

 

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