It is our design to regulate our kingdom
according to the above principles and thus seek the greatest prosperity
both of all the chiefs and all the people of these Hawaiian Islands. But
we are aware that we cannot ourselves alone accomplish such an object –
God must be our aid, for it is His province alone to give perfect protection
and prosperity. –Wherefore we first present our supplication to Him, that
he will guide us to right measures and sustain us in our work.
It is therefore our fixed decree,
I. That no law shall be enacted which
is at variance with the word of the Lord Jehovah, or at variance with the
general spirit of His word. All laws of the Islands shall be in consistency
with the general spirit of God’s law.
II. All men of every religion shall be
protected in worshipping Jehovah, and serving Him, according to their own
understanding, but no man shall ever be punished for neglect of God unless
he injures his neighbor, or bring evil on the kingdom.
III. The law shall give redress to every man
who is injured by another without a fault of his own, and shall protect
all men while they conduct properly, and shall punish all men who commit
crime against the kingdom or against Individuals, and no unequal law shall
be passed for the benefit of one to the injury of another.
IV. No man shall be punished unless his crime be first
made manifest, neither shall he be punished unless he be first brought
to trial in the presence of his accusers, and they have met face to face,
and the trial having been conducted according to law, and the crime made
manifest in their presence, then punishment may be inflicted.
No man or chief shall be permitted to sit
as judge or act on a jury to try his particular friend (or enemy), or one
who is especially connected with him. Wherefore if any man be condemned
or acquitted. and it shall afterwards be made to appear, that some one
who tried him acted with partiality for the purpose of favoring his friend
(or injuring his enemy),,or for the purpose of enriching himself, then
there shall be a new trial allowed before those who are impartial.
EXPOSITION OF THE PRINCIPIES
ON WHICH THE PRESENT DYNASTY IS FOUNDED.
The origin of the present government, and system
of polity, is as follows. Kamehameha I, was the founder of the kingdom,
and to him belonged all the land from one end of the islands to the other,
though it was not his own private property. It belonged to the chiefs and
people in common, of whom Kamehameha I. was the head, and had the management
of the landed property. Wherefore, there was not formerly, and is not now
any person who could or can convey away the smallest portion of land without
the con-sent of the one who had, or has the direction of the kingdom. These
are the persons who have had the direction of it from that time down, Kamehameha
II, Kaahumanu I, and at the present time Kamehameha III.
These persons have had the direction of the
kingdom down to the present time, and all documents written by them, and
no others are the documents of the kingdom.
The kingdom is permanently confirmed to Kamehameha
III, and his heirs, and his heir shall be the person whom he and the chiefs
shall appoint, during his life time, but should there be no appoint-ment,
then the decision shall rest with the chiefs and house of Representatives.
The prerogatives of the King are as follows:
He is the sovereign of all the people and all the chiefs. The kingdom is
his. He shall have the direction of the army and all the implements of
war of the kingdom. He also shall have the direction of the government
property—the poll tax—the land tax—the three days monthly labor, though
in conformity to the laws. He also shall retain his own private lands,
and lands forfeited for the nonpayment of taxes shall revert to him.
He shall be the chief judge of the Supreme
Court, and it shall be his duty to execute the laws of the land, also all
decrees and treaties with other countries, all however in accordance with
the laws.
It shall also be his prerogative to form treaties
with the rulers of all other kingdoms, also to receive ministers sent by
otter countries, and he shall have power to confirm agreements with them.
He shall also have power to make war in time of emergency, when the chiefs
cannot be assembled, and he shall be the commander in chief. He shall also
have power to transact all important business of the kingdom which is not
by law assigned to others.
It shall be the duty of the King to appoint
some chief of rank and ability, to be his particular minister, whose title
shall be Premier of the Kingdom. His office and business shall be the same
as that of Kaahumanu I, and Kaahumanu II. For even in the time of Kamehameha
I, life and death, condemnation and acquittal were in the hands of Kaahumanu.
When Kamehameha I, died, his will was, "The Kingdom is Liholiho’s, and
Kaahumanu is his Minister." That important feature of the government, originated
by Kamehameha I, shall be perpetuated in these Hawaiian Islands, but shall
always be in subserviency to the law.
The following are the duties of the Premier.
All business connected with the special interests of the kingdom, which
the King wishes to transact, shall be done by the Premier under the authority
of the king. All documents and business of the kingdom executed by the
Premier, shall be considered as executed by the King’s authority. All government
property shall be reported to him (or her) and he (or she) shall make it
over to the King.
The Premier shall be the King’s special counsellor
in the great business of the kingdom.
The King shall not act without the knowledge
of the Premier, nor shall the Premier act without the knowledge of the
King, and the veto of the King on the acts of the Premier shall arrest
the business. All important business of the kingdom which the King chooses
to transact in person, he may do it but not without the approbation of
the Premier.
There shall be four Governors over these Hawaiian
Islands – one for Hawaii – one for Maui and the Islands adjacent – one
for Oahu, and one for Kauai and the adjacent Islands. All the Governors,
from Hawaii to Kauai shall be subject to the king.
The prerogatives of the Governors and their
duties shall be as follows: Each Governor shall have the general direction
of the several tax gatherers of his island, and shall support them in the
execution of all their orders which he considers to have been properly
given, but shall pursue a course according to law, and not according to
his own private views. He also shall preside over all the judges of his
island, and shall see their sentences executed as above. He shall also
appoint the judges and give them their certificates of office.
All the Governors, from Hawaii to Kauai shall
be subject not only to the King, but also to the Premier.
The Governor shall be the superior over his
particular island or islands. He shall have charge of the munitions of
war, under the direction of the king, however, and the Premier. He shall
have charge of the forts, the soldiery, the arms and all the implements
of war. He shall receive the government dues and shall deliver over the
same to the Premier. All important decisions rest with him in time of emergency,
unless the king or Premier be present. He shall have charge of all the
King's business on the island, the taxation, new improvements to be extended,
and plans for the increase of wealth, and all officers shall be subject
to him. He shall also have power to decide all questions, and transact
all island business which is not by law assigned to others.
When either of the Governors shall decease,
then all the chiefs shall assemble at such place as the king shall appoint,
and shall nominate a successor of the deceased Governor, and whosoever
they shall nominate and be approved by the King, he shall be the new Governor.
At the present period, these arc the persons
who shall sit in the government councils, Kamehameha III, Kekauluohi, Hoapiliwahini,
Kuakini Kekauonohi, Kahekili, Paki, Konia. Keohokalole, Leleiohoku, Kekuanaoa,
Kealiiahonui, Kanaina, Keoni Ii, Keoni Ana, and Haalilio. Should any other
person be received into the council, shall be made known by law. These
persons shall have part in the councils of the kingdom. No law of the nation
shall be passed without their assent. They shall act in the following manner:
They shall assemble annually, for the purpose of seeking the welfare of
the nation, and establishing laws for the kingdom. Their meetings shall.
commence in April, at such day and place as the King shall appoint.
It shall also be proper for the King to consult
with the above persons respecting all the great concerns of the kingdom,
in order to promote unanimity and secure the greatest good. They shall
moreover transact such other business as the King shall commit to them.
They shall still retain their own appropriate
lands, whether districts or plantations, or whatever divisions they may
be, and the may conduct the business on said lands at their discretion,
but no at variance with the laws of the kingdom.
There shall be annually chosen certain persons to sit in council with the Nobles and establish laws for the nation. They shall b chosen by the people, according to their wish, from Hawaii, Mau; Oahu, and Kauai. The law shall decide the form of choosing them and also the number to be chosen. This representative body shall have a voice in the business of the kingdom. No law shall be passed without the approbation of a majority of them.
Their shall be an annual meeting as stated
above; but if the Rulers think it desirable to meet again they may do it
at their discretion.
When they assemble, the Nobles shall meet
by themselves and the representative body by themselves, though at such
times as the shall think it necessary to consult together, they may unite
at their discretion.
The form of doing business shall be as follows:
The Nobles shall appoint a secretary for themselves who at the meetings
shall record all decisions made by them, and that book of records shall
be preserved in order that no decrees affecting the interests of the kingdom
may be lost.
The same shall be done by the representative
body. They too shall choose a Secretary for themselves, and when they meet
for the purpose of seeking the interests of the kingdom, and shall come
to a decision on any point, then that decision shall be recorded in a book,
and the book shall be preserved, in order that nothing valuable, affecting
the interests of the kingdom should be lost; and there shall no new taw
be made, without the approbation of a majority of the Nobles and also a
majority of the representative body.
When any act shall have been agreed upon by
them, it shall then be presented to the King, and if he approve and sign
his name, and also the Premier, then it shall become a law of the kingdom,
and that law shall not be repealed until it is done by the voice of those
who established it.
The King and Premier shall appoint Tax Officers,
and give them their certificates of office. There shall be distinct tax
officers for each of the islands, at the discretion of the King and Premier
When a tax officer has received his certificate
of appointment, he shall not be dismissed from office without first having
a formal trial, and having been convicted of fault, at which time he shall
be dismissed. Though if the law should prescribe a given number of years
as the term of office, it may be done.
The following are the established duties of
the tax officers. They shall assess the taxes arid give notice of the amount
to all the people, that they may understand in suitable time. The tax officers
shall make the assessment in subserviency to the orders of the Governors,
and in accordance with the requirements of the law. And when the taxes
are to be gathered, they shall gather them and deliver the property to
the Governor, and the Governor shall pay it over to the Premier, and the
Premier shall deliver it to the King.
The tax officers shall also have charge of
the public labor done for the King, though if they see proper to commit
it to the land agents it is well, but the tax officers being above the
land agents shall be accountable for the work. They shall also have charge
of all new business which the King shall wish to extend through the kingdom.
In all business however they shall be subject to the Governor.
The tax officers shall be the judges in all cases arising under the tax
law. In all cases where land agents or landlords are charged with oppressing
the lower classes, and also in all cases of difficulty between land agents
and tenants, the tax officers shall be the judges, and also all cases arising
under the tax law enacted on the 7th of June, 1839.
They shall moreover perform their duties in
the following manner: Each tax officer shall be confined in his authority
to his own appropriate district. If a difficulty arises between a land
agent and his tenant, the tax officer shall try the case and if the tenant
be found guilty, then the tax officer, in connection with the land agent
shall execute the law upon him. But if the tax officer judge the land agent
to be in fault, then he shalt notify all the tax officers of his particular
island, and if they are agreed, they shall pass sentence on him and the
Governor shall execute it. But in all trials, if any individual take exception
to the decision of the tax officer, he may appeal to the Governor who shall
have power to try the case again, and if exceptions are taken to the decision
of the Governor, on information given to the Supreme Judges, there shall
be a new and final trial before them.
Each of the Governors shall at his discretion,
appoint judges for his particular island, two or more as he shall think
expedient, and shall give them certificates of office. After having received
their certificates, they shall not be turned out, except by impeachment,
though it shall be proper at any time for the law to limit the term of
office.
They shall act in the following manner: They
shall give notice before hand of the days on which courts are to be held.
When the time specified arrives, they shall then enter on the trials according
as the law shall direct. They shall be the judges in cases arising under
all the laws excepting those which regard taxation, or difficulties between
land agents, or landlords and their tenants. They shall be sustained by
the Governor, whose duty it shall be to execute the law according to their
decisions. But if exceptions are taken to their judgment, whosoever takes
them may appeal to the supreme judges.
The representative body shall appoint four
persons whose duty it shall be to aid the King and Premier, and these six
persons shall constitute the Supreme Court of the kingdom.
Their business shall be to settle all cases
of difficulty which are left unsettled by the tax officers and common judges.
They shall give a new trial according to the conditions of the law. They
shall give previous notice of the time for holding courts, in order that
those who are in difficulty may appeal. The decision of these shall be
final. There shall be no further trial after theirs. Life, death, confinement,
fine, and freedom, from it, are all in their hands, and their decisions
are final.
This constitution shall not be considered as
finally established, until the people have generally heard it and have
appointed persons according to the provisions herein made, and they have
given their assent, then this constitution shall be considered as permanently
established.
But hereafter, if it should be thought desirable
to change it, notice shall be previously given, that all the people may
understand the nature of the proposed change, and the succeeding year,
at the meeting of the Nobles and the representative body, if they shall
agree as to the addition proposed or as to the alteration, then they may
make it.
The above constitution has been agreed to
by the Nobles, and we have hereunto subscribed our names, this eighth day
of October, in the year of our Lord, 1840, at Honolulu, Oahu.