Hawaiian Constitution | Page 2 | Images of Old Hawaiʻi

February 15, 2022 by Peter T Young Leave a Comment

1820 v. 1848

“Much has been published respecting the effects of Christianity and civilization upon the natives of these Islands. While the religious and philanthropic portion of the community see abundant cause of congratulation in the results produced by christian philanthropy …”

“… others there are who profess to believe that the Hawaiian race are at the present day in a worse physical and moral condition than they were previous to the introduction of Christianity.”

“If the Hawaiian race are in a worse physical and moral condition than they were twenty-eight years ago, the command ‘Go ye into all the world and preach the gospel to every living creature,’ is no longer binding upon mankind; for it would be absurd to suppose on all-wise Creator would require the promulgation of doctrines calculated to degrade his creatures.”

“We can hardly believe any candid man, at all acquainted with the condition of the natives or these islands, sincerely thinks their physical and moral state worse now than it was previous to the introduction of christianity.”

“Most of those who have espoused this side of the question, may be numbered among transient visitors, who have had but few opportunities for observation, and who possess no knowledge of the former condition of the people.”

“On the one hand, the friends of Christianity have, in some cases, over rated the advances made, on the other, sweeping assertions have been made which the least attention to the subject would have shown utterly groundless.”

“While it may be safely asserted that no nation or people have made so great progress in civilization during the same period of time as the Hawaiians during the last quarter of a century …”

“… it must be borne in mind that a wide difference still exists between the condition of this people and the inhabitants of those countries which have enjoyed the benefits of civilization and Christianity for centuries.”

“The proportion of those who read and write already exceeds that of many other countries, while the proportion of practical business knowledge and enterprise falls far short.” (Polynesian, August 5, 1848)

The following are portions of remarks from Asa Thurston (printed in the Polynesian) on the changes which have taken place in the Islands, looking back over 28-years from 1820, to 1848 – the first 28-years of the Hawaiian Mission.

“In regard to the changes which have taken place in these islands, since the arrival of the first Missionaries, many things might be said. Many things have been said and written, and various opinions entertained and expressed by different persons.”

“Some have regarded them as affording evidence of a better state of things than formerly existed here, and as indicating some advancement in civilization and general improvement …”

“… while others have stated that the people are in a worse condition in many respect now than they were formerly; or before the publication of the gospel, and before these was any written language, or any books printed, or schools established, and the people taught to read …”

“… in fact, that they are more degraded now than when they were worshipping idols. Many statements of the like nature have been made and are still circulated. We envy not the reputation of a man for soundness of intellect, or goodness of heart, who could give currency to such reports.”

“Could the generation of 1820 be placed side-by-side with the present generation (1848), the contrast in their outward appearance would be very striking, scarcely a feature of that generation would be discernable in this. They would not be recognised as belonging to the same race.”

“(Previously), none of the relations of domestic, or social life, were regarded as sacred or binding. A man might have as many wives as he could take care of or feed; or he could turn them all adrift, as best suited convenience or pleasure.”

“A woman also might have as many husbands as she could conveniently entertain, but she could turn them off and take others at pleasure; and they might leave her if they so desired. Poligamy was one the privileges and features of that age.”

“The king had only five wives; one of them was the widow, and two of them were the daughters of his deceased father. Each one had a particular day of service, when she followed her lord with a spittoon and fly-brush.”

“It is easy to see that in such circumstances, there could no such thing as conjugal affection, or domestic concord and there was no such thing as parental authority, and parental affection was rarely to be seen and filial affection and obedience were equally unknown.”

“There were no statute laws, which defined the duties of parents towards children and of children towards parents; children some times regarded parental commands, if they were quite at leisure, and only so far as suited their convenience.”

“No obligations were felt on the part of parents to take care of their children, nor on the part of children to obey their parents, especially mothers, often destroyed their children, before or after birth, in order to be released from the trouble of taking care of them. Such are a few of the facts which belonged to the generation of 1820.”

“The present generation stands in a very different position in these respects. The facts are altogether of a different character. There scarcely a feature of that generation discernible at present, in respect to their social habits and domestic arrangements.”

“Then there was no law, nothing to regulate society. Now, all the natural, social and domestic relations are respected, and the duties of each in some measure, defined and regulated by good and wholesome laws, and any neglect to perform the duties attached to these various relations, is punishable by fine, imprisonment, and other disabilities.”

“Parents and children, husbands and wives, masters and servants, and most of the relations of a civilized life are recognized in law; and for any delinquency in the performance of the respective duties of these relations, they are amenable to the laws of the land. Any breach of promise, any neglect of any does not pass unnoticed.”

“At that period also, there was but one ruler. His word was law. Life and death were at his disposal. The people had no voice in the government, they had no rights that were respected, and they could have no property that might not be seized.”

“A field of taro, or other food might be tabooed at any time, by the chief or landholder, by placing a stick of sugar cane in one corner, and no one would dare to take any of the food afterward, without liberty from the land-holder.”

“Every other kind of property was equally liable to seizure, and if a man refused to execute any of the orders; or neglected to perform any service required by a chief or head man, his house might be burned, with all its contents, and he and his family, left entirely destitute.”

“In short, the people were ruled with a rod of iron. The government was despotic, and the people were allowed no right, they had nothing which they could call their own. They were ignorant, degraded, miserable and destitute.”

“There was no written language – no books – no schools … Every foreign ship was fully freighted with females as she passed from island to island, and there was no want of a supply when in port.”

“From that period (1820) we date the commencement and progress of religious truth. For a few of the first years of missionary effort, the effects of their labor was hardly discernable, but as years rolled on, the onward march of light and truth became more distinctly marked, and now, all who are competent to judge, are ready to exclaim, ‘What hath God wrought?’”

“Many more facts might be stated in favor of the progress which the Hawaiian have made in civilized habit. They practise many of the arts and usages of civilized life.”

“But why should we multiply examples in proof of the advanced, civilized position in which the nation now stands. Every eye can see it, and the great and commanding facts which go to complete the proof of its advancement are not of difficult discovery.”

“They are distinctly marked upon the map of its progress from downright, naked heathenism to its present decently attired civilization. Why, may we ask, has the Hawaiian people been received into the community of nations?”

“Would the American, English and French government have acknowledged the independence of the Hawaiian people, had not its government, its laws, its institutions, civil and religious, commanded respect?” (Asa Thurston; Polynesian, August 5, 1848)

Na Mokupuni O Hawaii Nei-Kalama 1837

October 20, 2021 by Peter T Young 1 Comment

Capital Punishment

Pā‘ao (ca 1300,) from Kahiki (Tahiti,) is reported to have introduced (or significantly expanded) a religious and political code in old Hawai‘i, collectively called the kapu system.

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. This forbid many things and demanded many more, with many infractions being punishable by death.

Shortly after the death of Kamehameha I in 1819, King Kamehameha II (Liholiho) declared an end to the kapu system. In a dramatic and highly symbolic event, Kamehameha II ate and drank with women, thereby breaking the important eating kapu.

This changed the course of the civilization and ended the kapu system, effectively weakened belief in the power of the gods and the inevitability of divine punishment for those who opposed them. The end of the kapu system by Liholiho happened before the arrival of the missionaries; it made way for the transformation to Christianity and westernization.

While Liholiho’s brother Kauikeaouli (Kamehameha III) ruled as monarch (with shared authority with the Kuhina Nui,) he, too, took bold steps in changing the structure of governance. 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.)

Included were also published “penal laws,” which outlined classes of offenses and punishments for the same – with the death penalty being allowed for acts of murder.

“Many foreigners had predicted that whenever it became necessary to enforce the Penal Laws this enacted and promulgated, leniency would be shown towards chiefs of high rank.” (Bennet)

Then, there was enforcement and execution of the new laws on someone of rank, Kamanawa II (his father was High Chief Kepoʻokalani.)

Kamanawa, born during the days of the ancient customs with an unstructured approach to marriage, had found it difficult to live according to the increasingly Christian ways of his peers. When “one-to-one” marriage had been declared the law by royal order, his roving habits were not changed, and whenever he was attracted to a new love he followed his old ways. Kamokuiki (his wife,) adhering to the new faith, had little sympathy with his wanderings and finally went to the chiefs seeking a divorce. (Gutmanis)

As early as 1825, the chiefs in various districts had issued edicts of law that, following Christian teachings, included prohibitions against adultery and the biblical relief of divorce and the right to remarry given the injured party. And so it was with Kamokuiki whose divorce, dated August 16, 1840, stated: because Kamanawa has repeatedly committed adultery, his wife Kamokuiki has requested a separation. (Gutmanis)

There is no record of how Kamanawa received the decree, but six weeks later on September 26, 1840 Kamokuiki was dead. Murder being instantly suspected, an autopsy was performed and the stomach found to be “much inflamed while every thing else was in order.” (Gutmanis)

Kamanawa and his friend Lonopuakau, captain of the Hawaiian vessel Hooikaika, confessed that Kamanawa had administered the fatal dose and that the Captain had prepared the mixture of ʻakia, ʻauhuhu and ʻawa that caused Kamokuiki’s death.

“She survived but three hours, medical assistance being of no avail. As soon as she was dead, which was about midnight, the news immediately spread and a terrible wailing commenced, which was quickly born to the other side of the island. It was so loud, so prolonged and so sudden as to awake at once almost all the residents, and at that hour, as its sepulchral cadences rose and fell, and were lost in the distance, the effect was startling and mournful in the extreme.” (Hawaiian Gazette, October 12, 1894)

Justice was swift; on September 30, 1840, a jury of 12 chiefs was empaneled to try Kamanawa and Lonopuakau.

On “Wednesday morning a court was held at the Fort, for the trial of Kamanawa and Lono, captain of the schooner Hooikaika, for the murder of Kamokuiki, wife of the former. Governor Kekūanāoʻa was the presiding Judge, the King and high chiefs being present.” (The Polynesian, October 3, 1840)

“The court being organized, the trial commenced, when the following facts were developed: The first-mentioned person, it appears, had been divorced from his wife for some time past, but could not marry again while she was living: Having conceived a violent passion for another woman, he determined to rid himself of his wife, and applied to Lono, who was said to be skilled in preparing poisons. Lono also wishing to destroy his wife, the two agreed to poison both”. (The Polynesian, October 3, 1840)

The jury found the two guilty and sentenced to hang on October 20th.

On the October 24, The Polynesian carried a short item that succinctly summed up the execution of the sentencing: “The murderers Kamanawa and Lonopuakau expiated their crime on the scaffold on Tuesday last, at the Fort in the presence of a large concourse of people.”

The site of the execution was over the gate of Fort Kekuanohu (Fort Honolulu – that once stood at the bottom of Fort Street;) the gallows was erected above the gate, so it could be easily seen for some distance.

After the hanging, either one or both of the bodies were buried at the cross-roads, in accordance with the old English custom of burying executed criminals where they would be out of the way, and the burial places be forever unknown. It is believed that the cross roads selected were at the junction of King and Punchbowl or Queen and Punchbowl streets.

I should note – Kamanawa II was no ‘ordinary’ ranking chief.

He was the grandson of Kameʻeiamoku, one of the ‘royal twins’ (uncles of Kamehameha the Great and his counselors in the wars to unite the Islands.) He was named after his famous grand uncle, the other royal twin. (The twins are on Hawaiʻi’s Royal Coat of Arms; Kameʻeiamoku is on the right holding a kahili and Kamanawa on the left holding a spear.)

Oh, one more thing … Kamanawa II and Kamokuiki were parents of Caesar Kapaʻakea. In 1835, Caesar married the High Chiefess Analeʻa Keohokālole; they had several children.

Most notable were a son, who on February 13, 1874 became King Kalākaua, and a daughter, who on January 29, 1891 became Queen Liliʻuokalani (they were grandchildren of Kamanawa II, the first to be charged and hanged under Hawaiʻi’s first modern criminal laws.)

It is said that after Kalākaua came to the throne, he had the body of Kamanawa taken up and the bones removed to Mauna Ala in Nuʻuanu. This is positively stated by the natives. (Hawaiian Gazette, October 12, 1894) Kamokuiki was buried at Kawaiahaʻo Church.

March 17, 2020 by Peter T Young 2 Comments

Kauikeaouli

Kauikeaouli appeared to be stillborn, but was revived. He was the second son of Kamehameha I. His birth site is at the head of Keauhou Bay (the Daughters of Hawaiʻi own and maintain the area.)

His exact birth date is not known; however, the generally accepted date is August 11, 1813. Never-the-less, Kauikeaouli was apparently an admirer of Saint Patrick and chose to celebrate his birthday on March 17.

Kauikeaouli spent the first 5-years of his life with Chief Kaikioʻewa in the ‘O‘oma ahupuaʻa in Kona (the place where he first learned to be a king.)

Other early education the infant Prince received was at Kailua-Kona, from the Rev. Asa Thurston and Thomas Hopu, a native Hawaiian who had been educated on the continent and who came with the first missionaries to Hawaiʻi. In Honolulu, the Prince was the pupil of Rev. Hiram Bingham.

The younger brother of Liholiho, he served as Hawai‘i’s King from 1825 to 1854 – the longest ruling monarch over the Hawaiian Kingdom. Kauikeaouli was a pre-teen when he ascended to the throne; in the early years of his rule, he served under a regency with Kaʻahumanu, his father’s favorite queen, as joint ruler.

During the early- to mid-1800s timeframe, there were significant changes occurring that greatly affected the Hawaiian people:

his mother Keōpūolani and Kaʻahumanu convinced Liholiho to effectively break the Kapu system
the health of many Hawaiians was weakened by exposure to new diseases, common cold, flu, measles, mumps, smallpox and venereal diseases
as more ships came in, many of those who came to Hawaiʻi chose to stay and settle
Hawaiʻi changed from a land of all Hawaiians to a place of mixed cultures, languages and races
many new plants and animals were brought to the islands, both on purpose and by accident
new products by foreign ships were traded
the economy and everyday life was changing from a subsistence way of life to a commodity-based economy that started with barter and trade, that eventually changed to a monetary system
there was growth of business centers, where people ended up living closer to one another, typically surrounding the best seaports for western ships (small towns soon grew into large cities)

There is scarcely in history, ancient or modem, any King to whom so many public reforms and benefits can be ascribed, as the achievements of his reign. Yet what King has had to contend with so many difficulties as King Kamehameha III? (The Polynesian, 1855)

“That the existence of the King, chiefs and the natives, can only be preserved by having a government efficient for the administration of enlightened justice, both to natives and the subjects of foreign powers residing in the islands, and that chiefly through missionary efforts the natives have made such progress in education and knowledge, as to justify the belief that by further training, they may be rendered capable of conducting efficiently the affairs of government; but that they are not at present so far advanced.” (Kamehameha IV, In Obituary to the departed King)

In private life, Kamehameha III was mild, kind, affable, generous and forgiving. He was never more happy than when free from the cares and trappings of state. He could enjoy himself sociably with his friends, who were much attached to him. (The Polynesian, 1855)

Having associated much, while a boy, with foreigners, he continued to the last to be fond of their company. Without his personal influence, the law to allow them to hold lands in fee simple could never have been enacted; neither could conflicting claims to land have been settled and registered by that most useful institution, the Board of Land Commissioners. (The Polynesian, 1855)

It is hardly possible to conceive any King more generally beloved than was Kamehameha III; more universally obeyed, or more completely sovereign in the essential respect of independent sovereignty, that of governing his subjects free from any influence or control coming from beyond the limits of his own jurisdiction. (The Polynesian, 1855)

Under his leadership, Hawaiʻi changed from an isolated island kingdom to a recognized member of the modem world. Many of the things he did as king still influence life in Hawaiʻi today. (Kamehameha Schools Press)

The following are only some of the many accomplishments of Kamehameha III (Kauikeaouli:)

On June 6, 1825, Kauikeaouli was proclaimed king of Hawaiʻi. To the people he said, “Where are you, chiefs, guardians, commoners? I greet you. Hear what I say! My kingdom I give to God. The righteous chief shall be my chief, the children of the commoners who do you right shall be my people, my kingdom shall be one of letters.” (Kamakau – Kamehameha Schools Press)
June 7, 1839, he signed the Declaration of Rights (called Hawai‘i’s Magna Charta) that, in part, noted, “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.”
June 17, 1839 he issued the Edict of Toleration permitting religious freedom for Catholics in the same way as it had been granted to the Protestants.
June 28, 1839 he founded Chief’s Children’s School (The Royal School;) the main goal of this school was to groom the next generation of the highest ranking chiefs’ children of the realm and secure their positions for Hawaiʻi’s Kingdom. (Missionaries Amos and Juliette Cooke were selected to teach the 16 royal children and run the school.)
October 8, 1840 (the King was about 27-years-old) he enacted the Constitution of 1840 that, in part, changed the government from one of an absolute monarchy to a constitutional monarchy. It provided for a separation of powers between three branches of government, with executive power in the hands of the king, the kuhina nui (similar to a prime minister) and four governors; a bicameral legislative body consisting of a house of nobles and a house of representatives, with the house of representatives elected by the people; and a judiciary system, including a supreme court.
April 27, 1846 he declared that “the forests and timber growing therein shall be considered government property, and under the special care of the Minister of the Interior …;” effectively starting the process of protecting our mauka watersheds.
January 27, 1848 through March 7, 1848 he participated in what we refer to as the “Great Māhele” that was a reformation of the land system in Hawaiʻi and allowed private ownership
June 14, 1852 he enacted the Constitution of 1852 that expanded on the Declaration of Rights, granted universal (adult male) voting rights for the first time and changed the House of Nobles from a hereditary body to one where members served by appointment by the King. It also institutionalized the three branches of government and defined powers along the lines of the American Constitution.
Toward the end of Kauikeaouli’s reign there were 423 schools in Hawaiʻi with an enrollment of over twelve-thousand-students. Most of the schools were elementary schools using Hawaiian as the language of instruction.

Kauikeaouli (Kamehameha III) died December 15, 1854 (at the age of 41.)

Happy Birthday and Cheers to Kauikeaouli, Kamehameha III. I think I’ll have a Guinness (or two) tonight in his honor. (Happy St Patrick’s Day.)

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Kamehameha_III,_retouched_photo_by_J._J._Williams_(PP-97-7-011)-ca_1850

March 7, 2020 by Peter T Young Leave a Comment

Evolution From Absolute Sovereign to Constitutional Government

Generally thought to have originated from the Marquesas Islands, evidence of early existence in the Hawaiian Islands indicates initial contact and settlement as early as 1000 AD to 1200 AD (some suggest it was later.)

Early on, with the family unit being the socio-political structure, there was no need for a hierarchical or complex society. However, as the population increased and wants and needs increased in variety and complexity, the need for chiefly rule became apparent.

Eventually, a highly stratified society evolved consisting of the Ali‘i (ruling class,) Kahuna (priestly and expert class of craftsmen, fishers and professionals) and Makaʻāinana (commoner class.)

Over the century, 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.

At the period of Captain Cook’s arrival (1778-1779), the Hawaiian Islands were divided into four kingdoms: (1) the island of Hawaiʻi under the rule of Kalaniʻōpuʻu, who also had possession of the Hāna district of east Maui; (2) Maui (except the Hāna district,) Molokaʻi, Lānaʻi and Kahoʻolawe, ruled by Kahekili; (3) Oʻahu, under the rule of Kahahana; and at (4) Kauaʻi and Niʻihau, Kamakahelei was ruler.

There were family connections of these four to Kamehameha; the death of Kiwalaʻo; the “Four Kona Uncles” (Keʻeaumoku, Keaweaheulu, Kameʻeiamoku and Kamanawa (the last two are twins and are depicted on the Hawaiian Coat of Arms;)) permission from Kalola to marry her granddaughter (after the defeat of Maui) and how Kamehameha secured his “unification” by “sharing the spoils” of the conquests and “braided the bloodlines;” eventually leading to the agreement with Kaumualiʻi. (Yardley)

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.

When Kamehameha died on May 8, 1819, the crown was passed to his son, Liholiho, who would rule as Kamehameha II. Kaʻahumanu recruited Liholiho’s mother, Keōpūolani, to join her in convincing Liholiho to break the kapu system which had been the rigid code of Hawaiians for centuries.

Liholiho accomplished this simply by eating a meal with women – ʻai noa. When the Hawaiians saw that Liholiho was not struck down by angry gods, the entire kapu system was discarded.

This changed the course of the civilization and ended the kapu system, effectively weakened belief in the power of the gods and the inevitability of divine punishment for those who opposed them.

In addition to the abolition of the old ways, Kaʻahumanu created the office of Kuhina Nui (similar to premier, prime minister or regent) and would rule as an equal with Liholiho – this started the shift from absolute rule to shared rule.

The Kuhina Nui held equal authority to the king in all matters of government, including the distribution of land, negotiating treaties and other agreements, and dispensing justice.

Kaʻahumanu ruled first with Kamehameha II until his departure for England in 1823 (where he died in 1824) and then as regent for the young king Kauikeaouli (Kamehameha III).

The end of the kapu system happened before the arrival of the missionaries; Christianity and westernization soon filled the social and political void.

Christianity and the western law brought order and were the only answers to keeping order with a growing foreign population and dying race. Kamehameha III incorporated traditional customary practices within the western laws – by maintaining the “land division of his father with his uncles” – which secured the heirship of lands and succession of the throne, as best he could outside of “politics, trade and commerce.” (Yardley)

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.” (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)

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Council_of_Chiefs-(HerbKane)

August 21, 2018 by Peter T Young Leave a Comment

Hawaii State Constitution of 1950

“In January 1948, the Senate Committee on Interior and Insular Affairs directed Senator Cordon of Oregon to make an investigation of Hawaii’s statehood qualifications.”

“The investigation was made in January, 1948. Senator Cordon supported the recommendations of previous congressional committees and himself recommended that the United States Senate take immediate action favorable to statehood.”

“His report stated in part. ‘Any other recommendations would be inconsistent with the facts and evidence disclosed during the investigation, the desires of Hawaii’s people and the conclusions reached by the last two Congressional Investigating Committees.’”

“Additional hearings were held by the Senate SubCommittee on Interior and Insular Affairs on April 15, 1948, but no report was issued.”

“An effort was made by Senator Knowland of California, by resolution, to discharge the committee and to have the statehood issue come to the floor directly. On May 20, 1948, the Senate voted 21 to 50 against Senator Knowland’s resolution discharging the committee.”

“In anticipation of statehood, and prior to the passage of Act 334 by the 1949 territorial legislature, authorizing a constitutional convention, the Hawaii Statehood Commission in 1948 established a number of subcommittees to prepare general materials dealing with the problems involved in the drafting of a constitution.”

“These subcommittees met and submitted reports dealing with major constitutional areas, which were discussed with various groups. The Legislative Reference Bureau of the University of Hawaii prepared a number of reports in connection with the work of the subcommittees.”

“These reports, drafted by the Bureau from 1948 to early 1950, became part of a 400-page publication, which was later made available to members of the constitutional convention, entitled Manual of State Constitutional Provisions.”

“The work of the subcommittees established by the Hawaii Statehood Commission served to create a great deal of interest in the convening of a constitutional convention. It also resulted in many of the committee members seeking election as delegates to the Constitutional convention.”

“Act 334 provided for the election of 63 delegates from all of the islands which constitute the Territory of Hawaii. The delegates were to be elected at a primary and then general elections, similar to the normal political elections in Hawaii.”

“The elections were to be held throughout the islands and all qualified voters of the islands were eligible to run for office. The use of the election procedure adopted by the legislature indicated a desire to provide broad representation from the community and for opportunity for full discussion, particularly important since this was to be the first State Constitution for Hawaii.”

“The delegates first met on April 4, 1950, and the document which they agreed upon was signed on July 22, 1950. More than 110 days elapsed during the period of the deliberation of the delegates to the convention.”

“Of this period 78 days were devoted to actual working sessions, which included the debates and other formal actions leading to the formulation and adoption of the constitution.”

“The convention kept a complete verbatim transcript by means of electronic tape recordings of all of the plenary and Committee of the Whole sessions after April 9, 1950. More than 365 reels of recording tape were used. This is about 87 miles of electronic tape.”

“It was estimated by the engineers that approximately 5 million words were spoken during the floor debates, apart from those spoken in the various committee meetings. (During the 15 weeks of the convention, there were an average of some 20 to 30 committee meetings per week.)

“Only some 14,000 words, however, are to be found in the constitution and of these approximately 4,000 are in the “schedule” which describes the political districts to be used in the initial elections and for subsequent reapportionment every ten years. The constitution proper, therefore, is only about 10,000 words in length, a measure of brevity achieved by only eight other state constitutions.”

“The document signed by 62 of the 63 delegates (one delegate refrained from signing the document on the grounds that it improperly ‘constitutionalized’ the provisions of the Hawaiian Homes Commission Act of 1920) reflects the thinking of the community as expressed by the elected delegates.”

“The constitution is substantially ahead of its time (recall that it was prepared in 1950) in reducing the voting age from 21 to 20 – only one other state, the State of Georgia, then had a voting age of less than 21.”

“It includes a provision guaranteeing the right to organize for the purpose of collective bargaining, a constitutional protection which had been included in only three states prior to 1950, in New York, Missouri, and New Jersey.”

“The constitution of the State of Hawaii was signed by the delegates in a public ceremony at lolani Palace, Honolulu, on July 22, 1950. The document then went before the territorial legislature under the terms of the 1940 act which had established the constitutional convention.”

“(W)hen the legislature met in special session on September 29, 1950, it found (in joint Resolution 1) that the constitution was ‘acceptable in its entirety to the Legislature of the Territory of Hawaii,’ and proposed no changes or alternatives.”

“This joint resolution set forth the form of the plebiscite ballot on the proposed constitution, submitted to the voters at the general election of November 7, 1950. At that election, 82,788 ballots were cast in favor of adopting the proposed constitution, against 27,109 ‘no’ votes, a favorable ratio of approximately three to one.”

It was a little over eight year later, “in the wake of Alaska, Hawaii was admitted into the Union, under Public Law 3 of the 86th Congress, signed by President Eisenhower on March 18, 1959.”

“Public Law 86-3 made three relatively minor changes in the provisions of the Hawaii constitution. One was the deletion from the boundaries of the state (Article XIII, Section 1) of Palmyra, a small atoll lying some 960 nautical miles south of Honolulu.”

“Second, the article on Hawaiian Homes lands was ‘deemed to include’ a section of Public Law 86-3, which listed the provisions of the Hawaiian Homes Commission Act which could be amended only with the consent of the United States.”

“The third change was to reduce from two to one the number of Representatives in Congress to which Hawaii the state was initially to be entitled (Article XVI, Section 10), subject to increase at the next reapportionment of the House of Representatives.”

“The admission act also required that the people of Hawaii again vote on statehood. A three-question plebiscite was prescribed, each requiring an affirmative majority vote if Hawaii were to be admitted to the Union: (1) Shall Hawaii be admitted? (2) Are the state boundaries set by the act approved? (3) Are the provisions of the act with respect to the disposition of public lands in Hawaii approved?”

“The three-fold proposition was submitted to the Hawaii electorate at the primary election of June 27, 1959, at which time the people also balloted on the first state officers. Some 140,000 persons cast valid ballots on each portion of the plebiscite. In each case the result was approximately identical: a 17 to 1 vote in the affirmative.”

“On July 28, 1959, the voters of Hawaii elected their first state governor, lieutenant governor, members of the state legislature, two federal senators and a representative in Congress.”

“The results of the election were certified to the President of the United States, as required by Public Law 86-3. On August 21, 1959, President Eisenhower signed the proclamation admitting Hawaii as the 50th state of the American Union of states. Thereupon, this constitution became effective.” (Roberts, Proceedings of the Constitutional Convention of Hawaii 1950)

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