"God hath made of one blood all nations of men to dwell
on the earth," in unity and blessedness. God has also bestowed certain
rights alike on all men and all chiefs, and all people of all lands.
These are some of the rights which He has given alike to every man and every
chief of correct deportment; life, limb, liberty, freedom from oppression; the
earnings of his hands and the productions of his mind, not however to those who
act in violation of laws.
God has also established government, and rule for the purpose of peace; but
in making laws for the nation it is by no means proper to enact laws for the
protection of the rulers only, without also providing protection for their
subjects; neither is it proper to enact laws to enrich the chiefs only, without
regard to enriching their subjects also, and hereafter there shall by no means
be any laws enacted which are at variance with what is above expressed, neither
shall any tax be assessed, nor any service or labor required of any man, in a
manner which is at variance with the above sentiments.
The above sentiments are hereby published for the purpose of
protecting alike, both the people and the chiefs of all these islands, while
they maintain a correct deportment; that no chief may be able to oppress any
subject, but that chiefs and people may enjoy the same protection, under one
and the same law.
Protection is hereby secured to the persons of all the people, together with
their lands, their building lots, and all their property, while they conform to
the laws of the kingdom, and nothing whatever shall be taken from any
individual except by express provision of the laws. Whatever chief shall act
perseveringly in violation of this constitution, shall no longer remain a chief
of the Hawaiian Islands, and the same shall be true of the Governors,
officers,and all land agents.
But if any one who is deposed shall change his course, and regulate his
conduct by law, it shall then be in the power of the chiefs to reinstate him in
the place he occupied previous to his being deposed.
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 of 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, of 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 the 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 trail in the
presence of his accusers, and they have met face to face, and the trail having
been conducted according to law, and the crime made manifest in their presence,
the punishment may be inflicted.
V. No man or chief shall be permitted to sit as judge of 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.
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 consent 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 appointment, 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
non-payment 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 other 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 if 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 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 times 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 are the persons who shall sit
in the government councils, Kamehameha III, Kekauluohi, Hoapiliwahine, 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, it 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 of
plantations, or whatever divisions they may be, and they may conduct the
business on said lands at their discretion, but not 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 be chosen
by the people, according to their wish, from Hawaii, Maui, 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.
There 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 they 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 law 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 thin 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 and 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 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 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 shall notify all the tax officers
of his particular island, and if they are agreed,they shall pass sentence on
him and 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, through 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 trails according as the law shall direct. They
shall be the judges in case 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.
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.
(Signed) Kamehameha III.
Kekauluohi