William Lee | Images of Old Hawaiʻi

The older was born February 25, 1821 in Sandy Hill, New York (In 1910, the village’s name was changed to Hudson Falls.) Stone quarried from there was used to construct the Brooklyn Bridge (1883.)

The younger was born January 25, 1822 in Glens Falls, New York, about 3-miles away; his father was a toll collector who worked on a toll booth in the middle of the Hudson River. Glens Falls was later known as “Hometown USA,” a title given to it by Look Magazine in 1944.

Shortly after his brother was born (1824,) the younger’s mother becomes ill and died a few weeks later. Her older sister, Lucy, takes the two-year old to Fort Ann, New York to live with her awhile. Aunt Lucy keeps him for a few years, then sends him to live with his paternal grandfather, Jesse. (KSBE)

The younger didn’t have much schooling, attending Glens Falls Academy for 7th and 8th grades, his only years of formal schooling. After leaving school, he was a clerk for Nelson J Warren, the largest business in Warrensburgh, New York. He learns bartering, bookkeeping, taking inventory, maintenance and janitorial duties.

The older had formal education; he had been a law student at Harvard under US Supreme Court Justice Joseph Story and the renowned law teacher Samuel Greenleaf. (Silverman)

At about the age of 20 (in 1842,) the younger worked as a bookkeeper and head clerk for Charles Dewey in the Old Stone Store in Sandy Hill about 3 miles from Glens Falls.

It was here the two met.

Dewey was a brother-in-law of the older. Later, the older’s sister, Eliza, married the younger’s uncle, Linus.

The older suffered from recurring tuberculosis and sought a better place to live. The younger looked to broaden his horizons. In early 1846, they planned a trip to the Oregon Territory, the older seeking to practice law, the young to survey land.

The Oregon Territory stretched from the Pacific coast to the Rocky Mountains, encompassing the area including present-day Oregon, Washington, and most of British Columbia. Since the late-1600s the wilderness was hunted and trapped for furs (mostly sold in China in exchange for tea, silks, porcelain and other Chinese goods, which were then sold in Europe and the US.)

After acquiring the “Louisiana Purchase” in 1803, under the directive of President Thomas Jefferson, the Lewis and Clark Expedition, also known as the “Corps of Discovery Expedition” (1804–1806,) was the first transcontinental expedition to the Pacific coast undertaken by the US.

Later, Manifest Destiny was the widely held belief that American settlers were destined to expand throughout the continent. Journalist John L O’Sullivan wrote an article in 1839 and predicted a “divine destiny” for the United States.

By 1843, increased American immigration on the Oregon Trail to the Oregon Territory made of the border between the US and Canada an issue in Congress. On June 18, 1846, they voted on the 49-degree line as the border between Canada and the US.

Rather than walk, the two sailed on the ‘Henry,’ leaving February 23, 1846. After a long and stormy voyage – rather than continuing to Oregon Territory – the ‘Henry’ limped into Honolulu Harbor on October 12, 1846, needing extensive repairs.

While waiting there, the older was consulted by some American residents on a legal question. He caught the attention of officials in the Hawaiian kingdom and was recruited by Attorney General John Ricord and Dr Gerrit Judd, the Minister of Finance for Kamehameha III. Then 26 years old, he was only the second trained attorney in the Islands (after Ricord). (Dunn)

After some persuasion, he consented to stay, provided his friend could also be provided with employment. The younger first worked at Ladd & Company, a mercantile and trading establishment, then at the US Consulate in Honolulu.

They didn’t plan to go to Hawaiʻi, let alone stay there; but they did.

However, there was a time, the younger appeared to catch the gold fever and on January 6, 1849, he and others published, “Notice. The subscribers hereby give notice of their intention to depart from this kingdom, and request all persons having demands against them to present them for payment immediately.” (Polynesian, January 6, 1849)

The older encouraged and convinced the younger to stay. He did; in fact, in 1849, the younger became a naturalized citizen and signed an oath to “support the Constitution and Laws of the Hawaiian Islands”.

The two left lasting legacies in the Islands.

The older, William Little Lee, was the first Chief Justice of the Superior Court (1847-52) and then the Supreme Court (1852-57.) In 1851, he was elected to the Legislature and became Speaker of the House of Representatives. Among his efforts were the framing of the revised constitution of the kingdom, and the task of drafting criminal and civil codes for the kingdom. (Ellis)

Lee brought major areas of substantive Western law into the Hawaiian legal system by drafting legislation which was frequently passed without alteration.

The younger of the two, Charles Reed Bishop, was primarily a banker (he has been referred to as “Hawaiʻi’s First Banker.”) An astute financial businessman, he became one of the wealthiest men in the kingdom from banking, agriculture, real estate and other investments.

He met Bernice Pauahi while she was still a student at the Chiefs’ Children’s School (they probably met during the early half of 1847,) and despite the opposition of Pauahi’s parents who wanted her to marry Lot Kapuāiwa (later, Kamehameha V,) Bishop courted and married Pauahi in 1850.

Bishop’s industrious nature and good counsel in many fields were also highly valued by Hawaiian and foreign residents alike. He was made a lifetime member of the House of Nobles and appointed to the Privy Council.

He served Kings Kamehameha IV, Kamehameha V, Lunalilo and Kalākaua in a variety of positions such as: foreign minister; president of the board of education; and chairman of the legislative finance committee.

The image is the two friends and adventurers: William Little Lee (L) and Charles Reed Bishop (R) (1846.) (Lots of information here is from KSBE.)

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William Little Lee did not plan to go to Hawaiʻi, let alone spend his life there. (Dunn)

Lee had received the best legal education available for an American of his time. He had been a law student at Harvard under US Supreme Court Justice Joseph Story and the renowned law teacher Samuel Greenleaf. After a year’s practice in Troy, New York, his recurring illness caused him to leave. (Silverman)

In February 1846, he sailed for the Oregon Territory with his friend and fellow adventurer, Charles Reed Bishop. After a long and stormy voyage, their ship (the Henry,) after about eight months at sea, arrived in Honolulu harbor October 12, 1846, needing extensive repairs. (Dunn)

While waiting there, Lee was consulted by some American residents on a legal question. He caught the attention of officials in the Hawaiian kingdom and was recruited by Attorney General John Ricord and Dr. Gerrit Judd, the Minister of Finance for Kamehameha III. Lee, then 26 years old, was only the second trained attorney in the Islands (after Ricord). (Dunn)

After some persuasion, he consented to stay, provided his friend could also be provided with employment. This was done, and Lee and Bishop made their home in Honolulu. (Bishop later married a Princess, Bernice Pauahi, founded Bishop & Company (what is now known as First Hawaiian Bank) and became a well-known financier and philanthropist.)

On December 1, 1846, Governor Mataio Kekūanāoʻa appointed Lee a judge in the newly organized court system. The appointment of Lee marks the beginning of a new era in the history of the Hawaiian judiciary. His character and attainments were such that under his leadership the courts won and retained public confidence. (Kuykendall)

The greater part of the Statute Laws of His Majesty, Kamehameha III was drafted by Attorney General Ricord before he resigned from the government; it was completed by Judge Lee. (Kuykendall)

The Act of 1847 expressly provided that the judges should be entirely independent of the executive department, and that the
King in his executive capacity should not control the decisions of the judges.

Following this, Lee presided over the Superior Court of Law and Equity (this court was later elevated to become the Supreme Court.) Lee served as Chief Justice (the Islands’ first CJ,) Lorrin Andrews and John ʻĪʻi as associate justices. The three justices heard all cases of original or appellate jurisdiction above the district court level. Lee was appointed to the Privy Council.

He strenuously urged upon the king and chiefs the policy of giving up to the common people a third of their land, and when a law to that effect was passed, he was appointed president of the Board of Commissioners to Quiet Land Titles (the Land Commission) to carry out its provisions, but he declined to accept any compensation for his services. (Ellis)

As much as anyone, Lee was responsible for carrying into effect the system of private property ownership. All of his deepest beliefs came together in his support of land ownership by commoners. He felt that “merely to preserve” their rights “would be no gain.” He wanted to go forward to “define their rights—to separate them from those of their chiefs.”

He sought “to give them what they have as their own, to inspire them with more self respect, more independence of character, and to lead them if possible to work, and labor, and cultivate, and improve their land.” (Silverman)

In 1851, he was elected to the Legislature and became Speaker of the House of Representatives. Among his labors were the framing of the revised constitution of the kingdom, and the task of drafting criminal and civil codes for the kingdom. (Ellis)

Lee brought major areas of substantive Western law into the Hawaiian legal system by drafting legislation which was frequently passed without alteration.

He wrote the Masters and Servants Act (1850) which governed the terms of contract labor of thousands of Hawaiian and immigrant plantation workers. He drafted the Marriage and Divorce law (1853) which liberalized divorce grounds to include several causes, instead of adultery only. He undoubtedly drafted basic business legislation, such as the bankruptcy law (1848.) (Silverman)

As Chief Justice, first of the Superior Court (1847-52) and then the Supreme Court (1852-57,) Lee administered the court system. He created the position of clerks in the Supreme and Circuit courts and placed them under centralized control.

By the time of the 1852 Constitution, aliʻi authority combined with Western precedents to create a Hawaiian judicial system that was Western in philosophy, structure and procedure.

Soon after the 1852 Constitution went into effect, Chief Justice Lee moved into the newly constructed coral block courthouse located near the harbor. This courthouse was the first structure in the islands built expressly for court purposes. It was built on the site of Halekauwila, a large Hawaiian house belonging to Kamehameha III, where earlier court sessions had been held. (Silverman)

Judge Lee’s health, always delicate, gave way as a result of undue exposure in attendance upon sick natives during an epidemic of smallpox in 1853.

This brought on a return of his early malady, and in 1855, in order to obtain medical advice, he accepted an appointment as minister plenipotentiary and envoy extraordinary to negotiate a treaty with the US by which sugar from the islands was to be admitted free of duty, in return for the admission to the islands of lumber, fish and some other productions of the Pacific states. (Ellis)

He went to the continent; however, his health did not improve and he returned to the Islands, where he died (May 28, 1857; he is buried as Union Cemetery, Fort Edward, Washington County, New York.)

The image shows William Little Lee. In addition, I have included other images in a folder of like name in the Photos section on my Facebook and Google+ pages.

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Two Friends … Fellow Adventurers

William L Lee