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Digitized by tine Internet Arciiive
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littp://www.arcliive.org/details/constitutionalhiOOchamricli
JOHNS HOPKINS UNIVERSITY STUDIES
IN
HiSTOEICAL AND POLITICAL SCIENCE
HERBERT B. ADAMS, Editor
History is past Politics and Politics are present History.— Freeman
VOLUME XIV
BALTIMORE, SLAVERY,
AND
CONSTITUTIONAL HISTORY
baltimore
The Johns Hopkins Press
1896
70 3 7Z
COFYBieHT, 1896, BY ThB JoHSS HoPKIlfS PbKSS.
THK FBtKDKNWAU) CO., PBLNTMS,
BAXTIXORS.
TABLE OF COiNTENTS.
PAGE.
I. Constitutional History of Hawaii. By Henry E.
Chambers 7
II. City Government of Baltimore. By Thaddeus P.
Thomas 47
III. Colonial Origins of New England Senates. By F.
L. Klley 101
IV-V. Slavery and Servitude in North Carolina. By John
S. Bassett 179
VI-VII. Representation in Virginia. By J. A. C. Chandler. 263
VIII. The History of Taxation in Connecticut (1636-1776).
By F. R. Jones 345
IX-X. Slavery in New Jersey. By H. 8. Cooley 419
XI-XII. Causes of the Maryland Revolution of 1689. By
F. E. Sparks 477
CONSTITUTIONAL HISTORY
OF
HAWAII
JOHNS HOPKINS UNIVERSITY STUDIES
IN
HiSTOKICAL AND POLITICAL SCIENCE
HERBERT B. ADAMS, Editor
History is past Politics and Politics are present History — Freeman
FOURTEENTH SERIES
I
CONSTITUTIONAL HISTORY
HAWAII
By henry E. chambers
Fellow by Courtesy, Johns Hopkins University, Sometime Assistant Professor
Tulane University, Louisiana
baltimore
The Johns Hopkins Peess
PUBLISHED MONTHLY
JANUARY, 1896
OonrEIOHT, 1896, BY THE JOHSS HOPKESS PSBSS.
ramr xdxpht a oo., PRnrrKBs,
BAI.TnfOKB.
\
\
CONTENTS.
PMB.
I. Introduction.
Pceition and Importance of the Hawaiian Islands 7
Discovery 7
Early History 8
II. The Establishment of GovERNMENTAii Unity.
Conquests of the first Kamehamehan King 9
Historic Origin of the House of Nobles 9
Peculiar Institution of the Kuhina Nui 10
Eesults of the first Kamehamehan Eeign 10
III. The Arrival op the Missionaries.
Significance of Missionary Work in Hawaii 10
IV. The First Hawaiian Constitution.
Origin 11
A Savage Seminary of Political Science 12
The Drafting of the First Written Constitution 12
Comparison and Contrast 13
Synopsis of the First Constitution 14
Foreign Recognition of the New Government 15
V. The Organic Acts of 1845.
Outgrowth of Inferences and Implied Powers 16
Constitutional Results 16
The Beginning of Hawaiian Ministerial Responsibility 16
VI. The Constitution of 1852.
The Commission of Revision 17
Synopsis of the Constitution of 1852 17
Constitutional Results 19
VII. The Constitution op 1864.
Coup d'etat o{ Kamehameha V 20
The King's Objection to the Existing Constitution 20
5
6 Contents.
PAGE.
Constitational Convention Convened and Pronged 20
Eling-Made Constitution Promulgated 20
Synopsis of the Constitution of 1864. 21
Vin. The Revolution of 1887.
Character of the Kamehamehan Kings 22
Partial Success of Constitutional Government over Mixed
Races 22
Character and Policy of Kalakaua. 23
Constitutional Efforts to Check Misgovemment... 23
Legislative Extravagances 24
Venality of the King 24
Public Meeting of June 30, 1887 24
Formal Demand for Redress of Grievances 24
The King Accedes „ 25
A New Constitution „ 26
IX. The Cokstitdtion of 1887.
Four Objects Accomplished 25
Synopsis of the Constitution of 1887 25
Last Years of Kalakaua's Reign 26
Liliuokaulani becomes Queen 27
Misguided Policy of the Queen. 27
Proposed Abrogation of the Existing Constitution 28
The Queen's Self-arrogation of Unlimited Authority 28
X. The Revolution of 1893.
Organization of the Committee of Public Safety 28
The Queen too late Desists 28
The Reform Mass-meeting of January 16, 1893 29
The Queen Compelled to Abdicate 29
The Election of an Advisory Council 29
Organization of a Provisional Government 29
Establishment of the Protectorate 29
The Annexation Commission 29
A Statement of Affairs Existing at the Time 30
Synopsis of the Queen's Unpublished Constitution 31
Hawaii has no Grievance against Anglo-Saxon Civilization, 33
Failure of the Commission 33
XI. The Republic of Hawaii.
Successful Solution of Hawaiian Governmental Problems.... 33
Institution of the Republic 33
The Constitution of 1894 34
The First President of the Republic 38
Annexation Still a Possibility 38
CONSTITUTIONAL HISTORY
OF HAWAII.
Inteoduction.
The Hawaiian Islands constitute the most important of the
Polynesian groups. Their position in the Pacific Ocean being
a central one, they occupy a point of vantage commanding the
whole west coast of America from Bering Sea to Cape Horn.
They are situated almost upon the direct commercial route
between San Francisco and Australia; and vessels plying
between the proposed Panama and Nicaragua canals and the
ports of Japan and China will find them directly in their
course. The principal members of the group are eight in
number, their names being Hawaii, Oahu, Maui, Kauai,
Molokai, Lanai, Niihau and Kahoolawe. Although known
at one time by the name bestowed upon them in honor of the
Earl of Sandwich, the name of the largest island has come to
be attached to the whole group.
The discovery of the Hawaiian Islands is generally attrib-
uted to the famous navigator, Captain James Cook, who in
1788, during the course of his third voyage around the globe,
sighted Oahu and visited several of its neighbors, finally
meeting his death at the hands of the natives upon a second
visit. But historical research has of late revealed the fact
that they were known at a much earlier day. While Gortez
was completing the conquest of Mexico, Magellan was sailing
7
■"Of THll
8 OonstitvMoncd History of Hawaii,
upon his famous voyage across the Pacific. It was not long
after this that the Philippines of Asia and the Spanish countries
of America were in communication with each other.^ The
Bulletin of the Geographical Society of Madrid, published in
1877, is authority for the statement that one, Juan Gaetano,
a Spanish navigator, made known the existence of Hawaii as
early as 1555.
Up to the beginning of the present century Hawaiian his-
tory is but a narrative of inter-insular discord — petty wars
between savage and feudal chiefs, relieved by occasional visits
of famous navigators, such as Cook, Portlock, Dixon, La
Perouse, Vancouver, Boughtou and others. At times whalers
made Hawaiian harbors places of rendezvous in which to refit
for a continuation of their quest. Sea traders soon found the
Kanaka trade very profitable. In time a white element began
to mingle with the native population. At first this element
consisted for the most part of licentiously inclined deserters
who escaped from visiting vessels and who were hospitably
harbored by the natives. In time a better class of whites,
adventurous spirits and bona fide home seekers, began to
arrive. The seeds of antipathy against these last were sown
at an early day, discord being fomented by the earlier comers
or depraved whites, who viewed with hostility the encroach-
ment of the higher morality and civilization which the new-
comers introduced.^
^ Cortez fitted out a squadron of three vessels commanded by Alvarado de
Saavedra, which sailed from Zacatula for the Moluccas October 31, 1527.
Two of the vessels were wrecked, and Hawaiian tradition fixes about this
time the landing of some white people upon the Kona coast of Hawaiu
See Alexander's Brief History of the Hawaiian People, p. 99.
* " But their most serious danger was from the foreigners who had taken
up their abode among the natives. As a general rule civilized man turned
savage is more dangerous than the savage-bom ; and their presence in
heathen lands is a greater obstacle to Christianity than heathenism itself."
Mission Life in Hawaii, p. 83.
Constitutional History of Hawaii.
The Establishment of Governmental Unity.
The beginning of the present century found all the islands
united under one king in the person of Kamehameha I. The
process by which this union was brought about is an inter-
esting though rude illustration of the important bearing facility
of communication and transportation has upon political pro-
gress. When Vancouver visited the islands in 1792 Kame-
hameha was king of the single island of Hawaii. His savage
heart yearned for a vessel of the European type. Upon
Vancouver's third visit a keel was laid and a small craft con-
structed for the king. In ten years Kamehameha had twenty
vessels ranging in size from 25 to 50 tons burden. These plied
among the islands and a rude commerce developed. The enter-
prising chief had long been encouraging a warlike spirit among
his subjects. He next introduced fire-arms. This with his
formidable little navy soon gave him considerable power, which
he successfully exercised in the conquest of the other islands.
Kamehameha instituted a form of personal government
which indicated some organization. The lands of the con-
quered islands were regarded as crown lands, and the king
apportioned them to his followers according to rank and upon
purely feudal principles.^ He exacted in return fealty, mili-
tary service and a portion of the revenues of each estate
granted. The king appointed a governor for each island, who
in turn appointed the tax-collectors, heads of districts, and
other petty officers, subject in all cases to the king's approval.
Four great chiefs had aided him in his wars — Keeaumoku,
Kameeiamoku, Kamarawa, and Keoweahoula, and these he
constituted his counsellors — a savage cabinet as it were. At
times a general council of chiefs was called to discuss matters
of State.'' This council is known to have assembled in 1823,
^ See " A Brief History of Land Titles," Hawaiian Annual for 1891, p 107.
'See "A Foot-note to Hawaiian History," in report of Commissioner
Blount, p. 281.
10 OonstitiUioncU History of Hawaii.
when the heir apparent set out upon a visit to England, and
again in 1826, to ratify a treaty made with Commodore Jones
of the American Navy.
Recognizing the utter worth lessness and inability of his
heir to wisely govern and hold together the realm he had
consolidated, Kamehameha established by will in 1819 a very
peculiar institution in the office of premier or Kuhina Nui,
who was to exercise equal authority with the king and veto
the king's acts when the good of the kingdom required such
action. Kaahumanu, his favorite queen, was designated as
the first Kuhina Nui.
It must be said that for a savage this first king of the
Hawaiian Islands was a person of marked ability, wise enough
to accept good counsel, and able enough to enforce good order
and obedience throughout his kingdom. His laws made no
discrimination between whites and natives. When he died
the governmental affairs of the island were in such a state of
organization as to pave the way for advancement towards
Christianity and civilization.
The Arrival op the Missionaries.
The first arrival of the missionaries took place in 1820.
The records of missionary life in Hawaii reveal innumerable
instanjces of fervor, heroism, and self-dedication to the cause
of spreading the gospel of Christ. Their advent worked a
great change. They stood as mediators between antagonistic
elements, thwarting the baser instincts of such whites as were
criminally inclined and fostering the nobler qualities of the
more intelligent of the natives. Their work still endures.
Hawaii is the bright particular star in the galaxy of mission-
ary euterprise. With more than one-ninth of its entire popu-
lation enrolled in the public schools ; with its system of postal
savings banks whose deposits aggregate nearly $1,000,000,
and its post-offices doing a money order business of more than
a million dollars annually ; with its magnificent sugar estates
Constitviional History of Hawaii. 11
whose assessed value reaches nearly thirty million dollars and
whose output approximates 130,000 tons of sugar annually ;
with its annual imports of $5,550,000 and its exports of
$13,000,000 ; ^ with a population of 90,000 and a public debt
of only $3,000,000 ; with its merchant marine of no insignifi-
cant proportion; its commercial, agricultural, and mercantile
enterprises ; its churches, colleges, schools, cities, and villages,
Hawaii is indeed civilized, and the founders of its civilization
builded better than they knew.
The First Hawaiian Constitution.
Four kings of the same name and dynasty followed Kame-
hameha I. During the long minority of Kamehameha III,
the Council of Chiefs attained great importance in the admin-
istration of governmental aifairs ; and in the course of time
we can readily see how it developed into the House of Nobles,
which afterwards constituted the upper house of the legislative
branch of the Hawaiian Constitutional Government.
The events leading up to the adoption of the first constitu-
tion are of singular interest. Contact with civilization had
convinced Kamehameha and his council that their form of
government was not in accord with the times, and they came
to the conclusion to remodel it. I must confess I am very
much impressed with the wisdom manifested by them in the
manner in which they set about their task. First they recog-
nized their own ignorance, and then they decided upon taking
a course of instruction in the science of enlightened govern-
ment. They sent to the United States for a legal adviser
and instructor; and failing, for some cause or other, to procure
one, they chose a Mr. Richards, who was connected with the
American Mission. Mr. Richards was released from his reli-
* 1889. In this year Hawaiian exports reached the highest point. In
1893 the exports amounted to $10,962,598. Hawaiian Annual/or 1895.
12 OonstUtUional History of Hawaii.
gioiis work and entered at once upon his duties. This was in
the year 1839.
The king and council resolved themselves into an appreci-
ative audience, and Mr. Richards delivered a course of Uni-
versity Extension Lectures, as it were, upon politics and
administration. It cannot be said that the lecturer was a
specialist in his line; nor did he bring to his almost im-
promptu undertaking that grasp of subject exercised by more
modern minds in the full light of the advance which has been
made in political science. But the lecturer chose two very
good sources and authorities, to which he confined himself
quite closely — the Bible and the American Declaration of
Independence.
More enlightened communities might profit by the example
set by this savage seminary of politics holding its session on
that far-off Pacific island. Suppose when it is determined by
one of our American States to adopt a new Constitution that
the convention, before exercising the sovereign authority en-
trusted to it, would send to Ann Arbor, Princeton and Cam-
bridge, and procure the best and maturest thought of those
who have mastered the problems of institutions, governmental
control and functions, and administrative sciences, what tre-
mendous results would follow. Then a Constitution would
mark a positive advance and be something more than a lawyer-
made copy of pre-existing models slightly modified to suit
some special purpose for which the new Constitution was
deemed necessary.
Upon the completion of Mr. E-ichards' duties the king and
chiefs proceeded to discuss thoroughly the matters he had
brought to their attention. The service of a native graduate
of the Lahainaluna Seminary was now procured, who drew
up in the native Hawaiian language a Bill of Rights and a
Code of Laws. Each section was read to the king and council,
by whom it was discussed and revised. The process was
repeated, and after the third reading the results were pub-
lished in a pamphlet of twenty-four pages, copies of which are
Constitutional History of Hawaii. 13
exceedingly rare. This pamphlet bears date of June 7, 1839.
October 8, 1840, this first Constitution was promulgated.^
The origin and growth of the first Hawaiian Constitution
is a singular instance of a process of Constitution making, the
reverse of that by which modern Constitutions have become
what they are. In most instances constitutional liberty has
been a growth from below upwards, as the common people
attained and held from time to time rights and privileges
wrested from reigning sovereigns. In this case it was a
growth downward — at least during its formative phases.
There had been no formal demand for the first Hawaiian
Constitution. The king was a savage arch-chief who ruled
unquestioned in his own way. The Constitution was purely
a concession upon his part, and the motive which actuated
him in making the concession was no doubt the impulse to
ape and imitate which lower races seem as a rule to possess.
When contact with foreigners brought to him a dim knowl-
edge of political forms he determined to pattern by them. In
granting this first Constitution the king surrendered no part
of his power. He continued the chief element in the execu-
tive, legislative, and judicial departments of the kingdom;
and thus was seemingly blended the one-man power of des-
potism with the forms and separated functions of a constituted
government.
First Written Constitution.
The Constitution which went into effect in 1 840 provided
for —
(1) An Executive Department composed of King, Kuhina
Nui, and Subordinate Governors appointed by the Crown.
(2) A Legislative Department composed of King, Kuhina
Nui, House of Nobles, and House of Representatives.
* Hawaii's first Constitution was republished in 1894 by the Holomua
Publishing Company under the title of "Hawaii's Blue Laws of 1840."
14 ConstitidionaL History of Hawaii.
(3) A Judiciary composed of King, Kuhina Nui, four
Chief Justices appointed by the Legislature, and District
Judges appointed by the Subordinate Governors, subject to
the King's approval.
The King :
Commanded the army and navy, received ambassadors,
and made treaties ;
Permitted or prohibited transfers of lands and estates ;
Directed the collection and disposition of the taxes ;
Was Chief Justice of the Supreme Court.
The Kuhina Nui:
Performed duties of Premier ;
Supervised Government property ;
Approved or vetoed acts of the King ;
Required the approval of the King for his own acts.
King and Kuhina Nui served as constitutional checks upon
each other. In the language of the Constitution literally
construed/ " The King shall not act without the knowledge
of the Premier, nor the Premier without the knowledge of the
King ; and the veto of the King upon the acts of the Premier
or the veto of the Premier upon the acts of the King, shall
arrest the business."
Governors :
Appointed by and were subordinate to the King ;
Had charge of the military matters and war material of
their respective islands ;
Appointed district tax collectors and judges ;
Supervised public improvements of a local nature.
Legislatures :
Composed of House of Nobles and House of Repre-
sentatives.
* Hawaii! 8 Blue Laws, p. 4.
Constitutional History of Hawaii. 15
House of Nobles, —
Membership hereditary ;
Number as first constituted, 14.
House of Representatives, —
Elected by the people;
Number limited by law to seven ;
Sessions of the Legislature, annual ;
Two houses sat separately or conferred together ;
Approval and signature of King and Premier neces-
sary for legislative acts to become laws.
" No new law shall be made without the approbation of a
majority of the Nobles and of a majority of the House of
Representatives, as well as the signature and approval of the
King and Premier."
Judiciary :
Supreme Court, —
Composed of King, Premier, and four Justices ap-
pointed by the Legislature ;
Jurisdiction, original and appellate.
District Courts, —
Judges appointed by the Island Governors ;
Local jurisdiction only.
Method of amending Constitution :
Legislature could amend the Constitution by giving a
year's notice of the proposed amendment. All amend-
ments were subject to the King's approval.
Crude and loosely drawn as was this Constitution, it was
beneficent in its effect, for it gave rise to a feeling of security
unfelt before, and the whole kingdom responded to an impulse
in the direction of prosperity. By it a modified form of indi-
vidual land tenure was established, religious toleration pro-
claimed, and it introduced a rudimentary kind of legal form
and judicial procedure. It was not very long after this that
the powers of Europe recognized the existence " in the Sand-
jr4Jr OT THX ^
16 Constitutional History of Haioaii.
wich Islands of a government capable of providing for the
regularity of its relations with foreign nations."
The Organic Acts of 1845.
Hawaii's first Constitution was only a beginning, and much
remained to be done. The ingenuity displayed by the advo-
cates of good government in amending without re-submitting
the whole question of Constitution adoption is certainly inter-
esting to note. The legislature which assembled May 20,
1845, was attended by a Mr. John Ricard, described as "a
young lawyer of promising genius," who delivered a so-called
masterly address upon the " Inferences of the Constitution and
the Implied Powers and Duties of the King." Mr. Ricard
projwsed that certain alterations be made, and his suggestions
were adopted. These alterations were not made by amend-
ment, but they are described as " Organic Acts passed by the
Legislature."
These acts created —
(1) Five Executive Departments, viz : Interior, Foreign
Affairs, Finance, Public Instruction, and Attorney General.
(2) A Privy Council, composed of the heads of the five
departments as given, together with the Governors of the
several islands and certain honorary members appointed by
the King.
(3) A third of these Acts organized more thoroughly the
Judiciary, so that it consisted of District, Circuit and Supreme
Courts, the jurisdictions of which were defined.
In addition Mr. Ricard, by order of the Legislature, drafted
two volumes of statutes, which have served ever since as the
basis of Hawaii's Civil Code.
The next important constitutional event was the passing of
a law June 30, 1850, raising the number of Representatives
of the people in the Legislature from seven to twenty-four,
and empowering the Ministers to sit in the House of Nobles
ConatitiUional History of Hawaii. 17
and take part in its proceedings. This paved the way for
Ministerial responsibility, which was subsequently engrafted.
The Constitution of 1852.
By the year 1852 constitutional ideas were pretty thor-
oughly disseminated. In this year it was determined to revise
the existing Constitution, making it conform more to the
needs of the rapidly growing kingdom. Joint resolutions were
passed by the Legislature and approved by the King provid-
ing for the appointment of a Commission of three on Revision.
According to the terms of these resolutions the king appointed
Mr. Judd, the Nobles, John li, and the Representatives, and
Chief Justice Lee.^
The Constitution as drawn up by this commission was prac-
tically a new one, although it embodied the main points of the
Organic Acts of 1845. It contained, however, much more
that was in line with a positive advance in constitutional
development. It was ratified by the Legislature, approved
by the king, and was promulgated June, 1852, going into
effect the December following.
Declaration of Rights :
Consisted of twenty-one Articles.
Most significant feature, specified that the Executive,
Legislative and Judicial powers were to be kept apart
and no two of them were to be united in one indi-
vidual or body.
The King :
Powers, —
The right of absolute veto;
Was Supreme Executive Magistrate of the Kingdom ;
Commanded Army and Navy ;
*A Sketch of the Constitutional History of the Hawaiian Kingdom.
Hawaiian Annual for 1894.
2
18 CkmstUviioncd History of Havoaii,
Convened the Legislature ;
Granted Pardons ;
Made Treaties ;
Appointed and received Ambassadors ;
Appointed and removed the several Heads of Depart-
ments.
Limits to Power, —
Acts had to be approved by
(a) Kuhina Nui ; or
(6) Privy Council ; or
(c) KvJiina Nui, Privy Council, and Minister to
whose department said act specially referred.
Kuhina Nui :
Retained out of deference to the wishes of the Nobles ;
King's Special Councillor ;
Acted as Vice-King ;
Served as Regent while Throne was vacant.
Privy Council :
Honorary Members appointed by the King ;
Ministers and Governors members ex officio ;
L^alized or nullified acts of the King.
Cabinet Ministers :
Appointed by the King ;
Sat and voted in the House of Nobles ;
Made written reports annually to the Legislature.
Governors :
Commissioned by King with and by advice of Privy
CouncQ ;
Term of oflBce, four years ;
Appointed District Judges with the advice of Supreme
Court Justice.
Legislature :
Met annually in April.
Nobles, —
Appointed by the King for life ;
Constitutional History of Hawaii. 19
Number not to exceed thirty ;
Sat as Court of Impeachment.
Representatives. —
Number not less than twenty-four nor more than forty j
Elected annually by universal suflPrage ;
Originated all revenue bills ;
Judiciary :
Supreme Court, —
Composed of Chief Justice and two Associates ;
Justices held office during life or good behavior.
Circuit Courts, —
Number, four;
Judges appointed by King with and by consent of
Privy Council ;
Terra of office for life or during good behavior.
District Justices, —
Appointed by Island Governors, with advice of Su-
preme Justice ;
Term of office, two years.
Subsequent Amendments :
1856, Legislative sessions made biennial;
1862, Property qualifications exacted of Representatives.
(Annual income of $250.)
The Constitution of 1852 was a decided advance in the
direction of popular liberty, for it granted universal suffrage,
differentiated the functions of government, making them coin-
cide with the three departments into which constitutional
government is usually divided ; and placed certain checks
upon the hitherto unlimited power of the king. The Lower
House now attained to considerable importance. From obser-
vation made at the time it was said to be "decidedly the more
dignified and business-like of the two."
Constitutional government, as we have seen, had thus far
been gaining strength. But undercurrents were at work which
20 Gonditutional History of Hawaii.
were to check its further development. Just as England had
her Tudor period, during which kingly power was reasserted
and strengthened, followed by a Stuart period, in which abso-
lutism was wrecked upon the rocks of revolution, so we find
parallel instances in the history of these islands.
The Constitution of 18,64.
The Constitution of 1852 remained in effect until 1864, by
which year Prince Lot had ascended the throne under the title
of Kameharaeha V. This prince was somewhat jealous of
the American influence which was making itself decidedly felt
about this time, and in his observations of the practical work-
ings of the existing Constitution had come to the conclusion,
first, that the Crown had too little authority ; second, that the
people were not yet prepared for universal suffrage.
Prince Lot was proclaimed king November 30, 1863. He
assumed the throne without taking the customary oath to
support the existing Constitution. Instead of convening the
Legislature that was to meet that year, he issued a proclama-
tion for a constitutional convention, the date of election of
members being fixed as June 13. In the meanwhile he visited
the several islands in company with his retinue and explained
in public and private speech the changes which he desired to
have made.
The convention assembled July 7. It accomplished nothing.
Stnfe and discord were precipitated at an early stage into its
proceedings. Its methods were declared by the friends of the
existing Constitution to be revolutionary. It continued its
deliberations, however, until the suffrage clause was reached.
Here a split occurred upon the question of property qualifica-
tion. The king losing patience, prorogued the convention,
declared the existing Constitution abrogated, and immediately
proceeded to have one of his own drawn up.
The new Constitution was promulgated August 30, 1864.
Its only title to existence was by authority of the king.
Constitutional History of Hawaii. 21
Although having no conventional sanction and no endorse-
ment by the people, it continued in force twenty-three years.
That it encountered no serious opposition is due to the fact
that it contained fewer changes than what the people had been
led to expect.^
The most significant of the changes wrought by the Con-
stitution of 1864 were as follows :
Bill of Rights,—
Clause guaranteeing vote by ballot stricken out.
Clause prohibiting dual governmental functions to repose
in one person or body substituted by, " No Judge of a
Court of Record shall ever be a member of the Leg-
islature."
Kuhina Nui:
Office abolished and provision made for a regency pend-
ing the king's absence from his kingdom, or minority
of heir.
Legislature :
Nobles and Representatives were to sit in one house and to
be styled the Legislative Assembly ;
Number of Nobles limited to twenty;
Property qualification of Representatives required $500.,
or annual income of $250.
Right of Franchise :
Property qualification : Voter required to own property
free of all incumbrances to the extent of $150., or
Leasehold on which the rent was at least $25. per
annum, or
Annual Income of $75.
Educational qualification : Every voter bom since 1840
required to know iiow to read and write.
'The Constitution of 1864 is given in full in a pamphlet published at
Honolulu in 1887, entitled " A Sketch of Recent Events." The matter of this
pamphlet was subsequently embodied in Commissioner Blount's report.
22 OonstitiUional History of Hawaii.
Judiciary :
Removable upon two-thirds vote of the Legislative As-
sembly upon cause satisfactory to the king.
Privy Council :
Powers of, greatly diminished ;
Approval of, no longer required in appointments to office
^ by King;
Voted appropriations in cases of necessity during adjourn-
ment of Legislative Assembly.
Governors :
Provisions concerning, removed from the Constitution
and fixed by Statute.
The Revolution of 1887.
The Kamehamehan dynasty became extinct with the death
of Kamehameha V. The election of his successor devolved
upon the Legislative Assembly, who chose Lunalilo. This
monarch reigned but little more than a year, when he was
succeeded by Kalakaua, who ascended the throne in 1874.
Now was come the period when the best people of the island,
foreign and native born, found it necessary to unite for deter-
mined action to resist the encroachments of the Crown that
had been multiplying for a number of years.
The experiment of carrying on a constitutional government
of the Anglo-Saxon type in a country with as mixed a popu-
lation as these islands possessed was a difficult and doubtful
one. We cannot but admire the rare ability and unselfish
patriotism of the men, both whites and educated natives, who
undertook the experiment and for more than thirty years made
it fairly successful. It seemed for a while that these islands
would give to the world a lesson in the art of combining
widely different races under one form of government. The
kings of the Kamehamehan line were, as a rule, sincere patriots
— having some conception of their position as constitutional
Constitutional History of Hawaii. 23
sovereigns, and of the true policy to be pursued towards the
foreigners.
Kalakaua, however, seemed to be blind to the course events
•were taking, and to the true interests of his people. His
chief ambition seemed to be to change the character of the
government once existing and make it similar in character to
one of the several minor Asiatic despotisms, such as Johore
for instance. The citizens of foreign extraction who had done
so much towards the upbuilding of the civilization and mate-
rial prosperity of the islands were termed by him white inva-
ders, and the king determined that they should have no further
voice in the administration of affairs. Systematic attempts
were made to demoralize the natives by reviving heathen rites
and customs, and to foment race jealousy and hatred under
the guise of promoting national feeling. The king was thor-
oughly vain, dishonest, selfish, and unscrupulous. Scandal
and corruption marked his administration from beginning to
end. The extravagance and unnecessary expenditures of his
government were flagrant. Jobs of the most notorious char-
acter were constantly being brought to light through the press.
Whenever protests and complaints were made to the king and
his appointed cabinet they calmly smiled and complacently
asked the complainants the usual question, " What are you
going to do about it ? "
The first efibrts of those who earnestly desired to have a
clean, honest government above them were directed to securing
a Legislature composed of men having some due regard not
only for their own importance as an element in a constitutional
government, but who would, to some extent, represent the
intelligence and wealth of the islands. Their efforts failed,
however. The king was in control of a governmental machine
that in its manipulation of elections was calculated to strike
envy in the breast of the toughest ward politician of any
American ring-ruled municipality. Bribery and ballot-box
stuffing prevailed and the king's party was successful.
24 Constitutional History of Hawaii.
The Legislative Assembly that was returned held session
from April 30 to October 16, a period of 170 days. It voted
appropriations to the amount of four and a half millions,
although the annual revenues were but two and a half mil-
lions. The limits of the people's patience were reached when
it was brought to light that the king had received a bribe of
$71,000. for granting the monopoly of opium selling on the
islands. This precipitated the crisis, and events took place
which are known to history as the Revolution of 1887.^
An indignation meeting attended by more than 2500 citi-
zens, representative of every class, condition and race upon the
islands, was held in Honolulu, June 30, 1887. Condemna-
tory resolutions were passed and demands were drawn up to
be presented to the king.
The substance of these demands were as follows :
1. That existing defects in the Constitution be at once
remedied.
2. That he dismiss his obnoxious Cabinet and select a new
one more in sympathy with the interests of the people.
3. That he restore the bribe of $71,000. he had taken and
dismiss from office the official concerned in negotiating
same. (Kaae, Register of Conveyances.)
4. That he will not directly or indirectly interfere in any
future election of Representatives.
5. That he will not interfere with or attempt to unduly
influence Legislature or Legislators.
6. That he will not interfere with the constitutional admin-
istration of his Cabinet.
7. That he will not use his official position or patronage
for private ends.
Meanwhile the king, in his palace near by, somewhat
alarmed at the turn affairs had taken, dispatched a note to the
^ "A Sketch of Recent Events, together with a full Account of the Great Beform
Meeting." Pamphlet, Honolulu, 1887.
Constitutional History of Hawaii. 25
Chairman of the meeting, in which he anticipated several of
the demands that were to be made upon him, and promised
to accede to them. His note was read publicly and rejected
as insufficient. A committee of thirteen waited upon the king,
who by this time was thoroughly demoralized, presented the
resolutions and demands, and received a written acquiescence
to each specifically. Thus was brought about the revision of
the existing Constitution, the new one being known as the
Constitution of 1887.
The Constitution of 1887.
The revisers of the king-made Constitution of 1864 accom-
plished successfully four objects :
(a) A limit was put to the power of the king ;
(6) An end was put to personal government ;
(c) The franchise was extended to foreigners who had hith-
erto been practically debarred from naturalization ;
{d) The Ministry was made responsible to the people
through the Legislature, instead of to the king as for-
merly.
The significant features of the new Constitution which
brought about these results were as follows :
King :
Must act by and with the consent of his Cabinet (excep-
tion subsequently made by decision of the Supreme
Court in regard to his personal right of veto ; )
Private lands and property of, no longer held inviolable ;
Right of veto limited ; veto nullified by repassing bills
by two-third vote ;
Power withdrawn —
To appoint Nobles ;
To dismiss Cabinet (this feature modified by Act of
Legislature, February 25, 1891, so that a new King
or Queen could dismiss Cabinet of predecessor).
26 GanstUiUional History of Hawaii.
Legislature :
Eligibility to, denied
(a) Any judicial or executive oflScer ;
(6) Any contractor or employee of the Government ;
(c) Any person in receipt of Government salary or
emolument ;
Appointment of Legislators to civil office prohibited (ex-
ception made in respect to Cabinet appointment.)
Time of convening changed from April to May.
Nobles :
Number increased to 40 ;
Elected for six years instead of appointed for life ;
Property qualification, —
Must have $3,000. of taxable property ; or
Annual income of $600.
Residence qualification, —
Must have been three years in kingdom.
Salary, none.
Representatives :
Number fixed at 24 ;
Salary $250. per biennial session.
Ministry :
Made responsible to Legislature instead of to King ;
Made removable by majority vote of " want of confi-
dence ; "
Eligible to seats in the Legislature, and empowered to
vote upon all questions except " want of confidence."
Privy Council :
Powers restricted to concurrence in granting pardons.
Suffrage :
Electors of Nobles to have same qualifications as Nobles
themselves ;
Electors of Representatives to be —
Male residents (instead of male subjects) ;
Constitutional History of Hawaii. 27
Of Hawaiian or European birth or descent (to exclude
Asiatics) ;
Must know how to read and write Hawaiian, English,
or some European language (after election of 1887) ;
Must take oath to support the Constitution and the
laws.
Subsequent changes :
Governorships abolished and duties of same divided be-
tween the sheriffs and tax-collectors ;
Nnmber of Justices of the Supreme Court reduced to
three.
Although Kalakaua had made full accession to the demands
of the people, yet the remaining three years of his reign were
filled with intrigues and conspiracies to restore autocratic
authority to the hands of the King. Nothing but watchful-
ness upon the part of his subjects thwarted him in his attempts.
Upon his death he was succeeded by his sister, the present
deposed Queen, Liliuokaulani. For a time it was thought
that the Queen would profit by the experience of her brother ;
and whatever apprehensions were aroused at the time of her
assuming the crown were allayed by the promptness with
which she took the oath to support the Constitution of 1887.
But as time wore on she leaned more and more to the policy
of Kalakaua. There is no doubt but that she was largely
influenced by certain adventurers who had succeeded in ingra-
tiating themselves in her favor. Legislative intrigues, in
which the Queen was personally concerned, became common
again. The appearance upon the scene of the lottery and
opium rings ^ complicated matters. Violations of the Con-
stitution became more and more flagrant. The Cabinet that
interposed serious objections to these violations was, by the
Queen's machinations, voted out of office, and a new one more
plastic to her manipulations appointed in its stead.
* Two weeks of Hawaiian History. Pamphlet, Honolulu, 1S93.
28 ConsiUiUional History of Hawaii.
At length, grown contemptuous of the protests of her
people, as her brother had grown before her, the Queen took
the final step that precipitated her downfall. This was the
announcement that she was about to proclaim a new Constitu-
tion. Karaehameha V had done the same thing in 1864, with
some degree of success. But the times had advanced since
then, and the intelligent people of the islands did not propose
to have any of their liberties abrogated, nor suffer the demise
of representative government under which their lives and
property were secure. It needed but the rumor that the con-
stitution which the Queen proposed to put into operation
would deprive the people of all voice in the selection of the
Upper House, that the Cabinet was to be subject to her will
only, that natives were to be exempt from all taxation, and
that all whites save those married to native women were to be
deprived of the franchise, to arouse the people to decided
action.
The Revolution of 1893.
Again the better element came together. A Committee of
Public Safety was organized and a mass-meeting of citizens
called. The Queen's party consisted, for the most part, of
the more ignorant of the natives together with those whites
whose hopes of political preferment depended upon the Queen's
success. The Queen's advisers became alarmed at the deter-
mined opposition that was crystalizing and at the public
indignation that was aroused. They persuaded her, after great
difficulty, to recede from her intention. The Queen, how-
ever, was much more courageous and self-willed than was
her brother, Kalakaua, under similar circumstances, and her
renunciation was only brought about after much display of
angry passion on her part. In public speech, calculated to
engender race hatreds and precipitate bloodshed, she com-
plained bitterly of the checks that had been imposed upon
her will, and announced her firm determination to promulgate
the new Constitution at a more propitious time.
Constitutional History of Hawaii. 29
Again was a time of action at hand. At 2 p. m., Monday,
January 16, 1893, the largest and most enthusiastic mass-
meeting ever held on the islands assembled in Honolulu for
the purpose of protesting against the revolutionary aggres-
sions of the Queen. Stirring speeches were made in several
languages, all breathing a spirit of Hawaiian patriotism,
that looked beyond the Queen to the country and its true
interests. The result of the meeting was that the Queen was
called upon to abdicate. Her support fell from her and
nothing remained but for her to step down and out, which
she did with formal protest.
The further action of the people was the formation of an
Advisory Council composed of Sanford B. Dole, A. King,
P. C. Jones, and W. O. Smith, with the first named as Presi-
dent. The organization of a citizen soldiery was then com-
pleted Next followed the organization of a Provisional
Government and the application of this government for
annexation to the United States. The Revolution had been
80 far a bloodless one, but how long it would be so remained
to be seen. Minister Stevens, of the United States Legation,
landed a force of marines for the protection of the consular
property of the United States. The presence of this force
did much to allay apprehension and prevent the precipitation
of an armed conflict. The revolutionists, however, soon made
it evident that they were amply able to maintain themselves,
unaided by outside authority. Hasty criticism of the motives
of the revolutionary leaders have been made by those little
conversant with affairs leading up to the revolt, but were it
the purpose of the so-called " Oligarchy " to aggrandise them-
selves, the question of annexation to the United States would
never have arisen. The new government was promptly
recognized by the leading nations of the world, including the
United States, Austro-Hungary, Sweden, Russia, Belgium,
Italy, France, England, Japan, China, Portugal, Spain and
Mexico.
The Commission to negotiate a treaty of union with the
United States consisted of Messrs. Thurston, Wilder, Castle,
30 Constiiutional History of Hawaii.
Marsden and Carter. Meanwhile affairs were progressing
smoothly with the new government. In anticipation of an-
nexation and in order to smother whatever embers of turbu-
lence and disquiet that might be slumbering (for the incessant
agitation of certain whites who have always been the curse of
the country, together with the efforts of one English and two
native newspapers to discredit the new government and bring
it into contempt and disrepute, were bearing fruit in feelings
of uneasiness) a request for the establishment of a protectorate
over the islands was preferred. Minister Stevens acceded to
the request and issued his proclamation February 1, 1893.
At first the efforts of the Hawaiian Commissioners to the
United States gave promise of success. Subsequent develop-
ments, however, demonstrated the futility of the mission.
The friends of Hawaiian royalty were greatly elated in con-
sequence of this failure. It was hard for them to realize that
the times no longer tolerated a monarchy of the grotesque
or opera-bouffe order in as civilized a society as Hawaii had
become, and that the re-establishment of such a monarchy could
only be brought about by bloodshed and infractions upon the
laws of humanity. A letter from a gentleman of the highest
intelligence, born on the islands, educated at Yale, and of
conservative disposition, gives as clear a statement of the
condition of affairs leading to and existing at the time of the
Revolution of 1893 as may be found in any of the many of
the published reports. He says :
" Our fate is trembling in the balance. The race question
is at the bottom of our troubles, and I think that the people
of the South can better understand it than the people of any
other section of your country. The natives have, I am sorry
to say, deteriorated during the past twenty yeare, notwith-
standing the pains that have been lavished upon them. They
seem incapable of comprehending Anglo-Saxon self-govern-
ment. The last King did his best to ruin his countrymen.
His idea was a despotism. The white people, split up as they
are by nationalities and creeds, were forced to combine in 1887
Constitutional Histofy of Hawaii. 31
and again this year [1893]. The natives are now about two-
fifths of the total population, pay about one-seventh of the
taxes, own about one-seventh of the land, cast two-thirds of
the vote, and occupy two-thirds of the paid offices. All the
business and agricultural enterprises in the country are carried
on by Americans or by Europeans. No people are more sus-
ceptible than the Kanaka to be captured by carpet-baggers
who flatter them and work upon their race jealousy. What-
ever fate is in store for us we are determined never again to
submit to monarchy. Nearly all the white people of the
islands and the better class of the natives are fully convinced
that annexation to the United States is the only satisfactory
solution for us. The Germans and the Portugese are solidly
with us. Only the Tory English, the lottery and boodle
Americans, Court parasites and reactionary natives oppose it.
Out of 13,000 voters 6,000 have already signed the rolls of
the Annexation Club. We do not want these islands tilled by
contract labor, filled with the mongrel classes of China, and
governed by so-called sugar kings. Of the population at
present, 20,000 are white, 40,000, natives and half-casts, and
about 30,000, Asiatics. The whites own nine-tenths of the
property. . . "^
The Constitution which Liliuokaulani proposed to promul-
gate has only recently come to light, and may be found in the
report of Commissioner Blount,^ special envoy of the United
States to the islands. That the fears of those who undertook
the revolutionary movement were well grounded may be seen
in the wide extension of power which the Queen arrogated to
herself. A brief summary of this extension may be given as
follows :
Military :
Unlimited control of, vested in the Queen (Art. 26).
' Letter of Hon. W. D. Alexander, Ex-Surveyor General of the Hawaiian
Kingdom, of date May 2.S, 1893.
"Page 581, et seq.
32 Constitutional Hidory of Hawaii.
Appointment :
Queen appoints, —
All foreign ministers (Art. 29) ;
The Regent who shall rule pending her absence or
during the minority of her heir (Art. 33) ;
Privy Council with full privileges of dismissing them
at will (Art. 41);
Members of the Cabinet (Art. 42) ;
Members of the House of Nobles (Articles 45 and 57) ;
Justices of the Supreme Court, and other Courts of
record (Art. 71);
President of the Court of Impeachment when her court
officers are tried (Art. 68) ;
Governors of the several islands (Art. 73).
Executive Authority :
Exclusively vested in Queen (Art. 31);
Declared Sovereign of all the chiefs and of all the people.
"The Kingdom is hers" (Art. 34).
Legislative Authority :
No law vali«l without her approval (Art. 31) ;
Legislative power of the three estates vested in her (Art.
45).
Immunities :
Her person to be held sacred and inviolable (Art 31) ;
Also her private lands and property (Art. 29) ;
Can not be sued or held accountable in any court or tri-
bunal of the realm (Art. 40) ;
Responsibility for her acts not to be placed with her but
with the Minister signing same (Art. 42).
Special Privileges :
To coin money and regulate currency (Art. 26) ;
To issue all orders, titles and distinctions (Art. 25) ;
Can declare Martial law (Art. 37) ;
Amendments to Constitution void without her approval
(Art. 81).
Constitutional History of Hawaii. 33
It must be reraeml)ered that the natives of Hawaii have no
grievances against Anglo-Saxon civilization. There have
been no wars of extermination as in the case of the American
Indian, no oppressive tyrannies. Side by side with the natives,
the foreigners have been contented to dwell under native
rulers so long as stability and human rights were assured.
Property values now existing in the islands have been created
by the intelligence of the foreigners. Through the efforts of
the Missionaries more Hawaiians are coping against extinction,
in face of approaching civilization, than any other of the once
savage Polynesian races. American interests predominate
over all others. The total annual taxes amount to $537,757.30,
of which American residents pay $140,000., the remainder
being divided among Hawaiians, Chinese, British, Japanese,
Germans, Portuguese, in the order named.
The rejection of the treaty of annexation was a great blow
to the Americans of the islands who hailed with joy the idea
of once more having the old flag unfurled above them. But
provisional government continued to maintain itself. One by
one it surmounted all difficulties in the way of intrigues, fore-
closure of public debt, treacherous uprisings of the Queen's
followers, etc.
The Republic of Hawaii.
Independence soon replaced annexation as the uppermost
thought in the Hawaiian mind. A government constitutional
in its nature, one able to preserve the hard-won civilization
of the islands from disintegrating and corrupting forces, one
able to prevent the intelligent few from being overwhelmed
by the ignorant many to the calamity of both, this was the
problem Hawaii was called upon to solve. And well has she
risen to the occasion. She has intelligently profited by the
constitutional experiences of other nations, and in several
respects the constitution, under which as the Republic of
Hawaii she is to-day governed, is an advance upon all exist-
3
34 ConditiUional History of Hawaii.
ing constitutions. She has solved the problem of placing the
exercise of governmental authority where it rightfully belongs
— with those whose intelligence and thrift make them most
vitally concerned in the stable and wise administration of law.
And yet no right which enlightened liberty has wrested from
absolutism, in the centuries of modem civilization, is denied
to the humblest Hawaiian citizen, notwithstanding this com-
parative concentration of power.
Hawaii's present constitution and the Hawaiian Republic
originated in an act of the Provisional Government approved
March 15, 1894. The Constitutional Convention convened
at Honolulu May 8, and July 4, following, the Constitution
was promulgated. As in the case of our own State of Missis-
sippi, this Constitution was not submitted to the people for
ratification. The Convention acted in both a sovereign and a
representative capacity, and itself ratified and promulgated.
The Hawaiian Constitution of 1894 guarantees certain
" inalienable rights " of person and property ; religious free-
dom ; freedom of speech and of the press ; the right of meeting
and of petition ; the right of habeas corpus ; the right of trial
by due process of law ; and security from unreasonable searches
and seizures of person, house, papers and effects. Yet the
Legislature may by law restrict and limit terms of residence
and business or employment of all persons, of any class or
nationality, coming into the Republic. It prohibits slavery,
lotteries and appropriation of public moneys to private and
sectarian schools ; specifies name of government, extent of
territorial jurisdiction, etc. Its most significant features, which
appeal to the student of constitutional governments and devel-
opments, are given in the following synopsis :
Citizenship :
General, all persons native bom or naturalized ;
Special, all persons not already citizens aiding in the
establishment and maintenance of the provisional
government;
Constitutional History of Hawaii, 35
Qualifications to be possessed by aliens applying for, —
Two years' residence in the Islands ;
Applicant must intend permanent residence ;
Must be able to read, write and speak the English
language ;
Must be of good moral character and not a refugee
from justice ;
Must possess property valued at not less than $200. j
Must take oath of allegiance.
Denizaiion :
Letters of, granted by Executive Council ;
Confers all rights of citizenship except suffrage.
Supreme Power of the Republic vested in :
Executive ;
Legislature; and
Judiciary.
The Executive Power :
The President, —
Must be not less than 35 ; native born, or 15 years a
resident ; and a citizen ;
Term of Office, six years ;
Ineligible to re-election ;
Elected by Legislature ;
Appoints, —
Members of Cabinet (with consent of Senate) ;
Boards of Health, Education, Immigration, Prison
Inspectors (with consent of the Cabinet) ;
May Remove, —
Members of the Cabinet (with consent of Senate) ;
Any Cabinet Member (with approval of three Cabi-
net Members.
May Convene, —
Legislature or Senate separately.
The Cabinet, —
Act as Counsellors to the President ;
36 Constitutional History of Hawaii,
Are appointed by the President ;
Are ex-offido members of both Senate and Legislature
without power of voting ;
Succeed to the Presidency, in case of death, disability,
or absence of the Chief Executive, in the following
order :
(1) Minister of Foreign Affairs;
(2) Minister of the Interior ;
(3) Minister of Finance ;
(4) Attorney General.
The Legislative Power:
The Senate, —
Number of Senators, 15 ;
Term of Service, six years ;
Qualification of Senators, —
Must be male citizens, at least 30 years of age ;
Able to read and write English or Hawaiian ;
Possessed of property valued at $3,000. ; or
Receive an income not less than $1,200. — ye&r pre-
ceding election.
The House of Represerdatives, —
Number of Representatives, 1 5 ;
Term of Service, two years ;
Qualification of Members, —
Must be male citizens, not less than 25 years of age ;
Able to read, write and speak English or Hawaiian ;
Possessed of property valued at not less than $1 ,000. ;
Or income of $600. — year preceding election.
The Council of State, —
Number of Members, 15;
Selection, — five by House, five by Senate, and five by
President with approval of Cabinet ;
Term of Office, to end of Legislature Session after
appointment ;
Powers, —
Advisory to the President ;
Constitutional History of Hawaii. 37
Appropriating public moneys during adjournment
of Legislature when great public necessity arises ;
Pardon with and by advice of President and Cabinet.
The Judicial Power :
Vested in Supreme and Inferior Courts ;
Also in Senate (Impeachments) ;
Supreme Court, Judges of contested elections to Legis-
lature.
Elections :
Electors, —
Privileged against arrest on election day except for
breach of peace or felony ;
May when entitled to vote for more than one candidate
distribute his vote or concentrate it upon one ;
Qualifications, —
Electors of Representatives must be, —
Male citizens of at least 20 years of age ; or
Must have special letters of denization ; or
Must have certificate of service ;
Must have complied with registration laws ;
Must have paid all taxes due by him to the gov-
ernment ;
Must be able to read, write and speak Hawaiian
or English.
Electors of Senators, —
Must possess all qualifications as above ; and
Must own real property valued at $1,500., or
personal property valued at $3,000., or have
income of $600. per annum.
Naturalization :
Exclusively under jurisdiction of Supreme Court.
Qualifications of applicant, —
Two years residence and intent to become permanently
a citizen ;
38 Ckmstitutional History of Haxcaii.
Shall be able understandingly to read, write and speak
the English language ;
Must be a citizen of a country having express treaty
stipulations with Hawaii ;
Must be of good moral character ;
Must be engaged in lawful business ;
Must own property valued at §200. ;
Must take oath of allegiance.
An intelligent writer has said in reference to the present
Hawaiian Constitution :
" Not often, in the history of Constitution-making, has a
document of this character been more firmly and more judi-
ciously adapted to the precise conditions under which it would
have to go into effect." ^
That it is such is due in no small part to the extraordinary
good judgment of Hawaii's first President, Sanford B. Dole,
who in some of the most critical of situations, in which of
late years he has been repeatedly placed, seems to have done
exactly the right thing at the right time, using power entrusted
to him with rare wisdom and unselfishness.
Under the new Constitution the nightmare of Monarchy
no longer disturbs Hawaiian dreams of the future. Republi-
can government is assured to Hawaii whether it be as an
independent Republic or as a territorial annex to the United
States. For indeed the people of Hawaii do not altogether
consider the cause of annexation as altogether lost, else there
would not appear in the Hawaiian Constitution the significant
clause, " The President, with the approval of the Cabinet, is
hereby expressly authorized and empowered to make a treaty
of political or commercial union between Hawaii and the
United States of America, subject to ratification by the Senate."
'Albert Shaw in Review of Bevievs for September, 1894.
BIBLIOGRAPHY.
References, authorities and sources of information consulted in the prepa-
ration of this paper :
Missionary Life in Hawaii ; Memoirs of Rev. William P. Alexander, of
the Hawaiian Presbyterian Mission (San Francisco). Mr. Alexander
reached the islands in 1832, spent his whole life there and attained a
good old age. His descriptions are of thrilling interest at times, and
his report of events, accurate.
Papers of the Hawaiian Historical Society (Honolulu).
Constitution and Laws of 1840 (Hawaii's Blue Laws). Translated and
republished by the Holomua Publishing Co., Honolulu, 1894.
A Sketch of Recent Events; being a Short Account of the Events which
Culminated on June 30, 1887, together with a full report of the Great
Reform Meeting (Pamphlet, republished from the Hawaiian Gazette,
Honolulu, 1887).
Two Weeks of Hawaiian History ; being a Brief Sketch of the Hawaiian
Revolution of 1893 (Honolulu, 1893).
Kalakaua's Reign ; a Sketch of Hawaiian History. By W. D. Alexander
(Honolulu, 1894).
Report of James H. Blount, U. S. Commissioner to the Hawaiian Islands
(Department of State, Washington).
Papers Relating to the Annexation of the Hawaiian Islands to the United
Slates (Washington, 1893).
Maps and Charts of the Hawaiian Islands (Military Information, Division
of the War Department, Washington).
Hawaiian Annuals (Honolulu).
Constitution of the Republic of Hawaii (Promulgated July 4, 1894. Hono-
lulu).
Commerce of the United States with the Hawaiian Islands, 1871 to 1892
(Treasury Department, Washington).
Official Reports of —
The President of the Hawaiian Board of Education ;
The Chief Justice of the Supreme Court of the Hawaiian Kingdom ;
39
40 Bibliography.
The President of the Board of Health of the Hawaiian Kingdom;
The Minister of Foreign Affairs ;
The Collector General of Customs of the Hawaiian Islands ;
The Hawaiian Evangelical Association (all published at Honolulu).
Report of the General Superintendent of the Census (Bureau of Public
Instruction, Honolulu).
A Brief History of the Hawaiian People. By W. D. Alexander (Cincin-
nati).
A Historical Sketch of the Hawaiian Islands. Bv H. E. Chambers (New
Orleans Picayune, November 19, 1893).
Besum^ du Bureau Topographique Gouverument Hawaiien (Paris, 1889).
Punahoa Jubilee Celebration ; memorial volume giving History of Oahu
College from 1841 to 1891 (Honolulu, 1891).
Aperpu Historique de L' Education dans le Royaume Hawaiien (Paris, 1889).
MSS. and Public Documents kindly loaned by Hon. W. D. Alexander, Acting
President of the Hawaiian Board of Education and Surveyor General
of the Hawaiian Kingdom.
Press Reports, American and Hawaiian ; Personal correspondence, etc., etc.
ry'^''^
^ ^ >
5^?^^^t>34^4
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