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PUBLISHED WEEKLY,' AT HONOLULU, OAIIU, SANDWICH ISLANDS.
J. JAKVES, Editor.
SATURDAY, FEBRUARY (, 1811.
Vol. 1. IVo. 33.
C O M M U N I V A T E I).
i the Editor of the Polynesian:
ir: A few months since, your read-
? were informed that the King and
Siiefs of the Hawaiian Islands were cn
'cd in framing a Constitution for the
bvernment and also revising the laws.
The Constitution has just been issued
otn the press, and there are embraced
the same pamphlet a number of laws
liich many of your readers would doubt-
pa be pleased to peruse ; I have thcre-
ire commenced a translation into Kng
sli, which I will continue if you think
L-st to publish it.
A considerable portion of the pam
ilct consists of a. revised edition of the
of any man, in a manner which is at va
riance with the above sentiments.
PROTECTION FOR THE PEOPLE DECLARED.
The above sentiments are hereby pub
lished for the purpose of protecting alike,
both the people and the chiefs of all these
islands, while they maintain a correct de
portment, 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 per
sons 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
liv ivrr m-rivivinii rf llio Wlml
ks relating to taxation published in June ' ;er dlicf s,Kln lct persevcringly in viola-
non oi mis constitution, snail no longer
remain a chief of the Hawaiian Islands,
and the same shall be true of the Gover
nors, officers, and all land agents.
Those laws, as the public were informed
the Hawaiian Spectator, were original
drawn up, by a graduate of the Sem
ary at Lahainaluna, and after being re-
sed by the chiefs were re-written by
rnself. The other laws were drawn up
f several different persons, but all have
ive been rcvisca by tlio King and a
uncil of those chiefs whose names are
entioned in the Constitution. The at
ndancc however has not been univer
,1. The Constitution, after it had been
proved by the other chiefs was sent by
messenger appointed for that object, to
lov. Adams, of Hawaii. He approved
(f the whole except that part which lim
i the power of the Governors. The
ing and Chiefs who have been together,
live been unanimous in the acts which
Vy have passed.
I They have received many suggestions
th bv letter and orally, from foreign
11 . rii i
jsiucnts ami visiters, iney have also
; reived suggestions in both these ways
oin their own subjects.
The translation which I send you is a
V, as that would materially violate the
iighsli idiom. out I have atteinnted
ivays to convey the sense in the clearest
d most concise manner.
Trannliitcd from the Hawaiian.
I JTLAUATION OP R 1(2 UTS. IlOTII OF THE
PEOPLE AM) CHILI'S.
u(iod hath made of one blood all na-
pns of men to dwell on the earth," in
Jity and blessedness. God has also be
! pwed certain rights alike on all men
(I all chiefs, nnd nil nonnlo of nil Innds.
These are some of the rights which He
s given alike to every man and every
icf of correct deportment; life, limb, Jib-
y, freedom from oppression, the carn-
p of his hands and the productions of
P nunu, not however to those who act
violation of the laws.
Ood has also established governments.
id rule, for the purpose of peace; but
making laws for the nahons it is by no
Pans proper to enact laws for the pro-
jction of the rulers only, without also
I'l WIVLilllJII A M bllVII -' X
ither is it proper to enact laws to cu
ll the chiefs only, without regard to en
ding their subjects also, and hereafter
pre shall by no means be any laws eh-
"?a winch are at variance with w hat is
Jove expressed, neither shall any tax be
messed, nor any service or labor required
But if any one who is deposed should
change his course,, and regulate his con
duct by law, it shall then be in the power
of the chiefs to reinstate him in the place
he occupied, previous to his being de
. It is our design to regulate our king
lom 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 arc
aware that we cannot ourselves alone ac
complish 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 supplica
tion to HIM, that he will guide us to
right measures, and sustain us in our
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 Is-
lands shall be in consistency witli the gen
eral spirit of God's law.
II. All men of every religion shall be
protected in worshipping Jehovah, and
serving Him, according to their own un
derstanding, but no man shall ever be
punished for neglect of God unless he in-
or brings evil on the
ed with partiality for the purpose of fa
voring 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 PRINCIPLES ON WHICH
THE PRESENT DYNASTY IS POI NDED.
The origin of the present government,
and system of polity, is as follows. Ka-
mbiia.mbha I, was the founder of the king
dom, and to him belonged all the laud
from one end of the Islands to the other,
though it was not his own private proper
ty. 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 per
son who could or can convey away the
smallest portion of land without the con
sent of the one who had, or has the direc
tion of tin; kingdom.
These are the persons who have had
the direction of it from that time down,
Kamehameha II, Kaahiimanu 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
ii ) others are the documents of the king
dom. 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.
PREROO'ATIVLS OP THE KING.
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 di
rection 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 pri
vate lands, and lands forfeited for the non
payment of taxes shall revert to him.
He shall be the chief judge of the Su
preme Court, and it shall be his duty to
jures his neighbor,
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.
I V. 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 ac
cusers, and they have met faco to face,
and the trial having been conducted ac
cording to law, and the crime made man
ifest in their presence, then punishment
may be inflicted.
V. 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. Where
fore if any man be condemned or acquit
ted, and it shall afterwards be made to
appear, that some one who tried him act-
turoof the goverhment, originated by Ka
mehameha I, shall be perpetuated in these
Hawaiian Islands, but shall always be in
subserviency to the law.
The following are the duties of the
Primier. All business connected with
the special interests of the kingdom, which
the king wishes to transact, shall be done
by the primier under the authority of the
king. All documents and business of the
kingdom executed by the primier, 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 primier shall be the king's special
counsellor in the great business of the
The king shall not act without the
knowledge of the primier, nor shall the
primier act without the knowledge of the
king, and the veto of the king on the acts
of the primier shall arrest the business.
All important business of the kingdom
which the king chooses to transact in per
son, he may do it, but not without the
approbation of the primier.
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 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 sha)l support them in the execution
of all their orders which he considers to
have been properly given, but shall pur
sue a course according to law, and not
according to his own private views. He
also shall preside over all the judges of
his iskiud, and shall see their sentences
executed as above. He shall also appoint
the judges and give them their certificates
All the governors, from Hawaii to Kau
ai shall be subject not only to the king,
but also to the primier.
I'he governor shall be the sujcrior over
execute the laws ol the land, also all de-! ,JS p:,rticiilar island or islands. He shall
crees and treaties with other countries, all ; have charge of the munitions of war. un-
however in accordance with the laws.
It shall also be his prerogative to form
treaties with the rulers of all other king-
dcr the direction of. the king, however,
and the primier. He shall have charge
of the forts, the soldiery, the arms and all
llkllt J l"kffc SlSk,4'k lltllll.'trIM (. j t V I iff 1 I ' 1 a i II I II
Hun, m?.j in lu im; minion i pi in ii v .mo iMipieuiems oi war. lie shall receive
other countries, and he shall have "power the government dues and shall deliver
lo conurm agreements wan ineni. over the same to the primier. Allimpor
He shall also have power to make war in tant derisions rest w ith him in times of
time of emergency, when the chiefs can-j emergency, unless the king or primier m
not be assembled, and he shall be the ; present. 'lie shall have charge of all the
commander in chief. He shall also have King's business on the island, the taxation,
power to transact all important business now improvements to be extended, and
of the kingdom which is not by law us-; 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
signed to others.
THE PRIMIER OF THE KING-DOM.
It shall be tho duty of the king to ap
point some chief of rank and ability, to Ik
not by law assigned to others.
When either of the irovcnrors shall de-
his particular minister, whose title shall I rms(J then all the chiefs shall assemble at
be Pnmur of the hmgdonu His office jMIC, place as the king shall appoint, and
and business shall be the same as that of, nominate a successor of the deceased
Kaahiimanu I, and Kaalumianu II. For Lrvernor. and whosoever thev shall nom
inate and be approved by the king, ho
shall be the new governor.
RiTi:cn.(; the si ijorimnate cuius.
At the present jM iiod, these are the
persons who shall sit in the government
councils. Kumthamtha III, Ktkauluohi,
even in the time of Kamehameha I, life
and death, condemnation and acquittal
were in the hands of Kaahiimanu. When
Kamehameha I, died, his will was The
Kingdom is lilmliho's and Kn.ihumanu
is his Minister." That important fea-