Declaration of Rights | Images of Old Hawaiʻi

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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After the members of the Fifth Virginia Convention voted in favor of preparing a new plan of government, the Virginia Declaration of Rights was drafted by George Mason.

As a landowner and near neighbor of George Washington, George Mason took a leading part in local affairs. He also became deeply interested in Western expansion and was active in the Ohio Company, organized in 1749 to develop trade and sell land on the upper Ohio River.

At about the same time, Mason helped to found the town of Alexandria, Virginia. Because of ill health and family problems, he generally avoided public office, though he accepted election to the House of Burgesses in 1759. Except for his membership in the Constitutional Convention at Philadelphia, this was the highest office he ever held – yet few men did more to shape US political institutions.

A leader of the Virginia patriots on the eve of the American Revolution (1775 – 1783), Mason served on the Committee of Safety and in 1776 drafted Virginia’s state constitution. (Britannica)

Early in 1776 John Adams published Thoughts in Government, a pamphlet laying out his framework for a republican form of government that influenced colonies as they created their individual state constitutions. Virginia, like many of the states, would include a list of rights guaranteed to its citizens.

Mason’s initial draft contained ten paragraphs that outlined rights, such as the ability to confront one’s accusers in court, to present evidence in court, protection from self-incrimination, the right to a speedy trial, the right to a trial by jury, and the extension of religious tolerance. The final version of the Virginia Declaration of Rights consisted of sixteen sections.

The Virginia Declaration of Rights was unanimously adopted by the Virginia Convention of Delegates, on June 12, 1776. The same Convention also framed and adopted the Virginia Constitution.

Among the delegates were Mason, the most important contributor, and twenty-five-year-old James Madison, who drafted the section on the “free exercise of religion.”

Also present at the creation of the Virginia Declaration and Constitution were John Blair and Edmund Randolph. Eleven years later, these four delegates were chosen to the seven-member Virginia delegation to the Constitutional Convention.

The Virginia Declaration of Rights was an influential document and a forerunner for many documents that followed. This declaration was the first state declaration establishing the fundamental human liberties that government was created to protect.

It was widely read by political leaders on both sides of the Atlantic. Thomas Jefferson drew upon it when writing the Declaration of Independence and James Madison expanded on Mason’s ideas of guaranteed rights when he wrote the Bill of Rights to the United States Constitution. (Virginia-gov)

The declaration was particularly influential on later state constitutions because it represented the first protection of individual human rights under state constitutions of the American revolutionary period.

It also represented the shift from colonial charters to state constitutions, as the nation moved toward independence from Great Britain. (Middle Tennessee State University)

Declaration of Rights Is Similar to the Declaration of Independence

In language echoed later in the Declaration of Independence (it was drafted the next month by Thomas Jefferson). Section 1 of the Virginia Declaration proclaimed that all men “are by nature equally free and independent and have certain inherent rights,” including “the enjoyment of life and liberty” and property and that of “pursuing and obtaining happiness and safety.”

Section 2 recognized that the people were the source of all power, and Section 3 proclaimed the right of the people to replace governments that did not meet these needs. Section 4 reflected the republican principle that no individual is entitled to power on the basis of hereditary, while Section 5 proclaimed the idea of separation of powers.

The Rights are Similar to First Amendment Rights (Bill of Rights)

Much of the rest of the Declaration of Rights outlined rights similar to those later incorporated into the US Bill of Rights.

At least two of these rights are similar to those incorporated in the First Amendment. Section 12 proclaimed that “freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments.”

Although the Virginia Declaration does not contain a provision on freedom of speech, its provision for religious freedom is actually more extensive than those incorporated in the First Amendment.

Mason had originally phrased this declaration in terms of “tolerance” for all, but, consistent with the teachings of John Witherspoon, the president of College of New Jersey (later Princeton) under whom he had studied, Madison insisted that religious practice was not a matter of majority grace but of natural rights.

Although the content of the Virginia Declaration and the later US Bill of Rights overlap in many ways, there are differences.

Madison appears to have constructed most provisions of the Bill of Rights more forcefully, so that courts could more readily protect individual rights by enforcing such provisions – for example, the First Amendment provision stating that “Congress shall make no law”. (Middle Tennessee State University)

Click the following link to a general summary about the Virginia Declaration of Rights:

Click to access Virginia-Declaration-Of-Rights.pdf