Haole | Images of Old Hawaiʻi

July 30, 2023 by Peter T Young Leave a Comment

‘From the Countries whence originate the winds’

The first declaration of the creation of a law-making body in Hawai‘i is contained in a proclamation by King Kamehameha III dated October 7, 1829.

It named the King and regent and ten chiefs as entitled to sit in Council. This council was the forerunner of the legislature proper. Previous to its establishment the laws were mostly customary, many having their origin in the edicts of Ali‘i. (Lydecker)

On October 7, 1829, King Kamehameha III issued a Proclamation “respecting the treatment of Foreigners within his Territories.” It was prepared in the name of the King and the Chiefs in Council: Kauikeaouli, the King; Gov. Boki; Kaahumanu; Gov. Adams Kuakini; Manuia; Kekūanāoʻa; Hinau; ʻAikanaka; Paki; Kīnaʻu; John ‘Īʻi and James Kahuhu.

In part, he stated, “If any man shall transgress any of these Laws, he is liable to the penalty, – the same for every Foreigner and for the People of these Islands: whoever shall violate these Laws shall be punished.”

It continues with, “This is our communication to you all, ye parents from the Countries whence originate the winds; have compassion on a Nation of little Children, very small and young, who are yet in mental darkness; and help us to do right and follow with us, that which will be for the best good of this our Country.”

In Hiram Bingham’s book, Twenty-one Years in the Sandwich Islands, Bingham added a footnote addressing the “Countries whence originate the winds,” saying, “This passage … evidently solicits wise and mature counsels from men of countries to the north-east, whence come the trade winds, or figuratively whence come their frequent commotions, after the adoption of the Christian religion.”

“It was the thought of Kaahumanu, and widely different from what might once have issued from her insulted majesty. Her forbearance was very great towards foreigners and especially those employed by high powers.” (Bingham)

We tend to identify the people from the “Countries whence originate the winds” as the foreigners, more commonly referenced as haole. Most Hawaiian dictionaries define haole as foreigners; some also suggest (such as Malo) that haole refers to white people.

But according to the Hawaiian law, the status of haole can change – from haole to kanaka maoli.

In 1846 the native Hawaiian government under Kamehameha III made the intentions clear: “Section III. All persons born within the jurisdiction of this kingdom, whether of alien foreigners, of naturalized or of native parents, and all persons born abroad of a parent native of this kingdom, and afterwards coming to reside in this, shall be deemed to owe native allegiance to His Majesty. (1846 Statute Laws of His Majesty Kamehameha III, Article I, Chapter V, Section III)

The law allowed to naturalization, “Section X. Any alien foreigner … may, after a residence of one year in this kingdom, apply to his excellency the governor of the island of Oahu, at Honolulu, for permission to become naturalized …” (1846 Statute Laws of His Majesty Kamehameha III, Article I, Chapter V, Section X)

The Law goes on to state, “Section XIII. Every foreigner so naturalized, shall be deemed to all intents and purposes, a native of the Hawaiian Islands – be amenable only to the laws of this kingdom, and to the authority and control thereof – be entitled to the protection of said laws … .” (1846 Statute Laws of His Majesty Kamehameha III, Article I, Chapter V, Section XIII)

Words matter … and the words are clear; a closer look at the wording of the 1846 law (the Hawaiian text and subsequent translation of that text) clearly state that a haole (foreigner) can become kanaka maoli (a native of Hawai‘i). Following is the operative line in the law and then its translation,

“E manaoia kela haole keia haole hoohiki pela, ua lilo oia ma ke ano pili i na hana a pau, i kanaka maoli o Hawaii nei”.

“Every foreigner [haole] so naturalized, shall be deemed to all intents and purposes, a native of the Hawaiian Islands [kanaka maoli o Hawaii nei]”.

The above statement in the 1846 Statute Laws of His Majesty Kamehameha III, Chapter V, Article I, Section XIII was carried into the 1859 Civil Code: “428. The Minister of the Interior, with the approval of the King, shall have the superintendence and direction of the naturalization of foreigners.” (1859 Civil Code, Title 2, Article VIII, Section 428)

“Section 432. Every foreigner so naturalized, shall be deemed to all intents and purposes a native of the Hawaiian Islands … and to the authority and control thereof, be entitled to the protection of said laws, and be no longer amenable to his native sovereign while residing in this Kingdom, nor entitled to resort to his native country for protection or intervention.”

“He shall be amenable, for every such resort, to the pains and penalties annexed to rebellion by the Criminal Code. And every foreigner so naturalized, shall be entitled to all the rights, privileges and immunities of an Hawaiian subject.” (1859 Civil Code, Title 2, Article VIII, Section 432)

A Hawaiian citizen or subject is someone that has the political status of being a Hawaiian national. And it’s not limited to the native race or the aboriginal blood. (Keanu Sai)

If annexation did not happen, today descendants of Hawaiʻi-born or foreign-born naturalized Hawaiian citizens (with no proof of later naturalization to another nation) are still Hawaiian subjects, as their predecessors were in the Kingdom era. (Keanu Sai)

‘Nationality’ means the legal bond between a person and a State and does not indicate the person’s ethnic origin. Everyone has the right to a nationality. (European Convention on Nationality)

At one time, jus sanguinis (right of blood) was the sole means of determining nationality in Asia and Europe (where it is still widespread in Central and Eastern Europe.) An individual belonged to a family, a tribe or a people, not to a territory. It was a basic tenet of Roman law.

Jus soli (right of the soil,) also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state.

At times, exceptions limit citizenship, typically when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question or a child born to enemy forces engaged in hostile occupation of the country’s territory.

One of the earliest laws in Hawaiʻi dealt with citizenship; it was part of King Kamehameha III’s Statute Laws 1845-1846. The Chapter for that law was titled: “Of Subjects and Foreigners” and the specific Article was labeled “Aliens, Denizens and Natives.”

Section III of that law noted: “All persons born within the jurisdiction of this kingdom, whether of alien foreigners, of naturalized or of native parents, and all persons born abroad of a parent native of this kingdom, and afterwards coming to reside in this, shall be deemed to owe native allegiance to His Majesty. All such persons shall be amenable to the laws of this kingdom as native subjects.”

All persons born abroad of foreign parents, shall, unless duly naturalized, be deemed aliens, and treated as such, pursuant to the laws. (Ka Huli Ao Digital Archives – Punawaiola-org)

Hawaiʻi followed the Anglo-American common law rule of “jus soli;” those born in the country and subject to its jurisdiction are citizens. Subsequent interpretation of the laws and practices affirmed who were Hawaiian citizens and what rights and obligations they possessed.

In 1850, HW Whitney, born in Hawaiʻi of foreign parents, asked the Minister of the Interior, John Young II, about his status. The question was referred to Asher B Bates, legal adviser to the Government, who replied that …

“not only the Hawaiian Statutes but the Law of Nations, grant to an individual born under the Sovereignty of this Kingdom, an inalienable right, to all of the rights and privileges of a subject.” (Hanifin)

In 1856, the Kingdom’s Supreme Court decided Naone v. Thurston, recognizing that persons born in Hawaiʻi of foreign parents were Hawaiian subjects.

On January 21, 1868, the Minister of the Interior for the Hawaiian Kingdom, Ferdinand Hutchison, stated the criteria for Hawaiian nationality:

“In the judgment of His Majesty’s Government, no one acquires citizenship in this Kingdom unless he is born here, or born abroad of Hawaiian parents (either native or naturalized,) during their temporary absence from the kingdom, or unless having been the subject of another power, he becomes a subject of this kingdom by taking the oath of allegiance.”

Subsequent laws through the Republic, Territory and State provide that “All persons born or naturalized in the Hawaiian Islands, and subject to the jurisdiction of the Republic, are citizens thereof.”

A lot of haole (foreigners) were born in the Islands or became naturalized citizens, or are descendants of such. By laws and practice, they, too, are Hawaiian citizens … history and the laws related to Hawaiian citizen status are clear and unambiguous.

In 1893, all Hawaiian citizens lost their nation … Hawaiian citizens with varying ethnicities. As noted by Keanu Sai, “Hawai‘i was a country of laws and nationality and not necessarily a specific race.”

April 22, 2023 by Peter T Young Leave a Comment

Aliʻi and the Haole

Aliʻi made friends with many of the haole (white foreigners) who stopped at or ended up living in the Islands. The Aliʻi appointed many to positions of leadership in the Kingdom. Here is a summary on a handful of them.

Isaac Davis and John Young arrived in Hawai‘i at the same time (1790 – on different boats) and they served Kamehameha I as co-advisors. Because of their knowledge of European warfare, they trained Kamehameha and his men in the use of muskets and cannons, and fought alongside Kamehameha in his many battles.

Davis became one of the highest chiefs under Kamehameha and the King appointed Davis Governor of Oʻahu during the early-1800s. He was also one of Kamehameha’s closest friends.

An observer noted in 1798 that, “On leaving Davis the king embraced him and cried like a child. Davis said he always did when he left him, for he was always apprehensive that he might leave him, although he had promised him he would never do it without giving him previous notice.”

When Captain George Vancouver visited Hawai‘i Island in 1793, he observed that both Young and Davis “are in his (Kamehameha’s) most perfect confidence, attend him in all his excursions of business or pleasure, or expeditions of war or enterprise; and are in the habit of daily experiencing from him the greatest respect, and the highest degree of esteem and regard.”

Vancouver also had a warm reception from Kamehameha. He noted in his Journal, “He (Kamehameha) instantly ascended the side of the ship, and taking hold of my hand, demanded, if we were sincerely his friends? To this I answered in the affirmative; he then said, that he understood we belonged to King George, and asked if he was likewise his friend? On receiving a satisfactory answer to this question, he declared that he was our firm good friend; and, according to the custom of the country, in testimony of the sincerity of our declarations we saluted by touching noses.”

In 1819, Young was one of the few present at the death of Kamehameha I. He then actively assisted Kamehameha II (Liholiho) in retaining his authority over the various factions that arose at his succession to the throne. Young was married twice; his hānai granddaughter was Queen Emma. Young was also present for the ending of the kapu system in 1819 and, a few months later, advised the new king to allow the first Protestant missionaries to settle in the Islands.

On October 23, 1819, the Pioneer Company of missionaries from the northeast United States set sail on the Thaddeus for Hawai‘i. 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 ABCFM in the Hawaiian Islands.

In 1820, missionary Lucy Thurston noted in her Journal, Liholiho’s desire to learn, “The king (Liholiho, Kamehameha II) brought two young men to Mr. Thurston, and said: “Teach these, my favorites, (John Papa) ʻĪʻi and (James) Kahuhu. It will be the same as teaching me. Through them I shall find out what learning is.”

On October 7, 1829, King Kamehameha III issued a Proclamation “respecting the treatment of Foreigners within his Territories.” It was prepared in the name of the King and the Chiefs in Council: Kauikeaouli, the King; Gov. Boki; Kaahumanu; Gov. Adams Kuakini; Manuia; Kekuanaoa; Hinau; Aikanaka; Paki; Kinaʻu; John Īʻi and James Kahuhu.

In part, he states, “The Laws of my Country prohibit murder, theft, adultery, fornication, retailing ardent spirits at houses for selling spirits, amusements on the Sabbath Day, gambling and betting on the Sabbath Day, and at all times. If any man shall transgress any of these Laws, he is liable to the penalty, – the same for every Foreigner and for the People of these Islands: whoever shall violate these Laws shall be punished.”

In 1829, Kaʻahumanu wanted to give Hiram and Sybil Bingham a gift of land and consulted Hoapili. Hoapili suggested Kapunahou (although he had already given it to Liliha (his daughter.)) The decision was made over the objection from Liliha; however Hoapili confirmed the gift. It was considered to be a gift from Kaʻahumanu, Kuhina Nui or Queen Regent at that time.

King Kamehameha III founded the Chief’s Children’s School in 1839. The school’s main goal was to groom the next generation of the highest ranking chief’s children of the realm and secure their positions for Hawaii’s Kingdom. The King selected missionaries Amos Starr Cooke (1810–1871) and Juliette Montague Cooke (1812-1896) to teach the 16-royal children and run the school.

In a letter requesting the Cookes to teach and Judd to care for the children, King Kamehameha II wrote, “Greetings to you all, Teachers – Where are you, all you teachers? We ask Mr. Cooke to be teacher for our royal children. He is the teacher of our royal children and Dr. Judd is the one to take care of the royal children because we two hold Dr. Judd as necessary for the children and also in certain difficulties between us and you all.”

In this school, the Hawai‘i sovereigns who reigned over the Hawaiian people from 1855 were educated, including: Alexander Liholiho (King Kamehameha IV;) Emma Naʻea Rooke (Queen Emma;) Lot Kapuāiwa (King Kamehameha V;) William Lunalilo (King Lunalilo;) Bernice Pauahi (Princess Bernice Pauahi Bishop founder of Kamehameha Schools;) David Kalākaua (King Kalākaua) and Lydia Liliʻu Kamakaʻeha (Queen Liliʻuokalani.)

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. Richards became advisor in the drafting of the first written constitution of the Kingdom in 1840. In 1842 Richards became an envoy to Britain and the US to help negotiate treaties on behalf of Hawaiʻi.

King 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, it 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.

Kamehameha III called for a highly-organized educational system; the Constitution of 1840 helped Hawaiʻi public schools become reorganized. The King selected missionary Richard Armstrong to oversee the system. Armstrong was later known as the “the father of American education in Hawaiʻi.” The government-sponsored education system in Hawaiʻi is the longest running public school system west of the Mississippi River.

In May 1842, Kamehameha III asked Gerrit P Judd to accept an appointment as “translator and recorder for the government,” and as a member of the “treasury board,” with instructions to aid Oʻahu’s Governor Kekūanāoʻa in the transaction of business with foreigners. In November, 1843, Judd was appointed secretary of state for foreign affairs, with the full responsibility of dealing with the foreign representatives.

Robert Crichton Wyllie came to the Islands in 1844 and first worked as acting British Consul. During this time he compiled in-depth reports on the conditions in the islands. Attracted by Wyllie’s devotion to the affairs of Hawaiʻi, on March 26, 1845, King Kamehameha III appointed him the Minister of Foreign Affairs.

The foundation of the Archives of Hawaiʻi today are based almost entirely upon the vast, voluminous collections of letters and documents prepared and stored away by Wyllie. Wyllie served as Minister of Foreign Relations from 1845 until his death in 1865, serving under Kamehameha III, Kamehameha IV and Kamehameha V.

Over the decades, the Hawaiian Kings and Queen appointed white foreigners to Cabinet and Privy Council positions; Kingdom Finance Ministers; Kingdom Foreign Ministers; Kingdom Interior Ministers and Kingdom Attorneys General. Several haole are buried at Mauna Ala, including: Young, Wyllie, Rooke (adopted father of Queen Emma) and Lee (Chief Justice of Supreme Court.)

A few of the royalty married white spouses; notably, Princess Bernice Pauahi married Charles R Bishop, Queen Liliʻuokalani married John Dominis and Princess Miriam Likelike (sister of King Kalākaua and Queen Liliuokalani) married Archibald Scott Cleghorn (their daughter is Princess Kaʻiulani.