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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)

© 2022 Hoʻokuleana LLC

Na Mokupuni O Hawaii Nei-Kalama 1837
Na Mokupuni O Hawaii Nei-Kalama 1837

Filed Under: Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings, Hawaiian Traditions, General Tagged With: Hawaii, Hawaiian Constitution, 1820, Christianity, Timeline, Laws, 1848

December 8, 2017 by Peter T Young Leave a Comment

Early Written Laws

“(A) small code of criminal law was prepared Dec. 8, 1827. This code was printed on a small hand bill in two forms both bearing the same date, Dec. 8, 1827 ….”

“One has six laws with penalties and the other five laws. The fourth and the sixth laws were practically the same. One referred to Hookamakama (prostitution) and the other to Moe Kolohe (adultery), both according to Hawaiian ideas could be included under the term ‘adultery.’”

“The five laws promulgated by the chiefs were as follows:
1. Against murder, penalty hanging.
2. Against theft, penalty imprisonment in irons.
3. Against rum, selling, penalty imprisonment in irons.
4. Against adultery, penalty a fine.
5. Against gambling, penalty imprisonment in irons.” (Westervelt)

“The way was thus cleared for action, but the foreigners brought their influence to bear against certain of the five laws which had been agreed upon and a change was made.”

“It was decided to adopt only three laws at this time, to go into effect in three months (i.e. in March, 1828).”

“These three laws were: first, against murder, ‘the one who commits murder here shall die, by being hung’; second, against theft, ‘the one who steals shall be put in irons’; third, against adultery, for which the penalty was imprisonment in irons.”

“Three other proposed laws, against rum selling, prostitution, and gambling, were drawn up, to be explained and taught to the people before they should be adopted.”

“It was agreed that the chiefs should meet six months later to continue their consultation upon the subject. The three laws adopted and the three proposed were printed together on one sheet, which bears the date December 8, 1827.”

“On December 14, the people were assembled in a coconut grove near the fort; the three enacted laws were formally proclaimed, and the king, Ka‘ahumanu, and Boki exhorted the people, both native and foreign, to obey the three laws which had been adopted and to give attention to the three which were not yet enacted.” (Kuykendall)

“Although these six laws were thus put in writing, signed by the king and printed, they were really enacted by the king and chiefs and proclaimed orally like other previous laws.”

“It was this way: When the first three of these laws had been decided upon, a general assembly was called, which was attended by the king, regent, chiefs and a great concourse of common people, including some foreigners.”

“This was under a grove of cocoanut trees near the sea. Mr. Bingham had been asked to attend and open the exercises with prayer if he did not fear harm from the hostile foreigners, and had replied that he would do his duty even if they burned him for it.”

“He was given a chair by Gov. Boki, and a little later, when the regent handed him a hymn book, he sung a hymn, offered a prayer and withdrew.”

“The king and regent then each addressed the chiefs and people and foreigners, proclaimed the first three of these laws and called on all to hear and obey them. Notice was also given of other proposed laws, which were not to be put in force until the people had been further educated up to them.”

“After adjournment, the missionaries were requested to print on handbills these three laws and the other three, which apparently had been proclaimed on a previous occasion.” (Frear)

“This was the beginning of formal legislation by the Hawaiian chiefs. The contemporary chroniclers considered it a matter of great significance that they had made a start in this important business.”

“The chiefs met again in June, 1828, but we have no record of what was accomplished. It is intimated that Ka‘ahumanu had difficulty in bringing the other chiefs to the task, and one report says they referred the business to David Malo who declined to take upon himself the responsibility.” (Kuykendall)

“Opposition again became threatening and made practically useless for a time the laws against rum selling and gambling, but little by little the chiefs gained confidence, issued proclamations and edicts and met guile with tact …”

“… until in 1829, a number of laws were in force and foreigners as well as the native-born, were proclaimed to be subject to the laws including rum selling and gambling.” (Westervelt)

“We have in fact very little information in regard to the conferences of the chiefs, but we hear of new laws from time to time, and on October 7, 1829, the king, in a formal proclamation, declared …” (Kuykendall)

“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.”

“This also I make known: The law of the Great God of Heaven, that is, the great thing by which we shall promote peace; let all men who remain here obey it.”

“Christian Marriage is proper for men and women; but if a woman regard her man as her only husband, and the man regard his woman as his only wife, they are legally husband and wife …”

“… but if the parties are not married, nor regard themselves as husband and wife, let them be forth with entirely separate.” (Kamehameha III, Elliot) (The image shows Kamehameha III in 1825.)

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Kamehameha_III,_1825
Kamehameha_III,_1825

Filed Under: General, Ali'i / Chiefs / Governance, Hawaiian Traditions Tagged With: Hawaii, Kauikeaouli, Kamehameha III, Laws

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