Dekemaba 8: “He Olelo No Ke Kanawai”

December 8, 1827: A Proclamation of Laws

Credits: Hawaiian Mission Children’s Society (1910) Annual report of the Hawaiian Mission Children’s Society, 59, p. 14.

Below is an early proclamation known as “He Olelo No Ke Kanawai.” It is dated December 8, 1827 and contains five laws. Another proclamation was published on the same date—however, this version added a sixth law prohibiting adultery. Some historical context for the development of this law may perhaps be gleaned from Levi Chamberlain’s journal.

Chamberlain, a missionary, teacher, and agent for the American Board of Commissioners for Foreign Missions, served in Hawaiʻi from 1822 until his death in 1849. Typescripts of his journal are available on the Hawaiʻi Mission Houses digital archives website (Digital Archives – Levi Chamberlain Journal). Below are relevant excerpts discussing the development of this early proclamation. Continue reading “Dekemaba 8: “He Olelo No Ke Kanawai””

Novemaba 26: “He Olelo no na Mea Dala ole”

November 26, 1838: Proclamation Regarding the Impecunious

Below is a proclamation issued by Kauikeaouli on November 26, 1838 providing direction for Native Hawaiians who lacked money. The tasks assigned to men, women, girls and boys are different. For example, men are directed to cut stone, make lime, cut wood, and labor in the cane field.  In contrast, women are directed to braid mats and hats, sew hats and kapa. Girls were expected to work with women, and boys with men.  Below is a transcription of the proclamation.

Available in Statutes – Pre Constitution Laws and Regulations 1838-39.

Continue reading “Novemaba 26: “He Olelo no na Mea Dala ole””

Novemaba 5: No ke Kānāwai Kūʻai ma Lahaina

November 5, 1833: Law for Regulating Trade in Lahaina

Credit: Artist Robert Dampier, May 1825, “Portrait of Princess Nahiennaena of Hawaii, age 12.”

The following law, promulgated by Princess Harieta Keōpūolani Nāhiʻenaʻena, relates to the regulation of trade in the port of Lahaina. Princess Nāhiʻenaʻena, the only daughter of King Kamehameha I and Keōpūolani, tragically died at the age of twenty-one in 1836. See Marjorie Sinclair, Nahienaena, Hawaiian Princess, 3 Haw. J. Hist. 3, 3 (1969) (available online).

This law contains various provisions relating to the proper regulation of business dealings at the market. The inclusion of particular provision stands out because it strictly prohibits women from going to the market, to spectate or stand idly by (“Eia kekahi, ke papa aku nei au i na wahine, aole loa lakou e hele ma ka pa kuai, e makaikai aku ai, a e ku wale aku, ua oki lakou i ka hele malaila.”).

A full transcription is provided below.

Available in Early Laws and Statutes, Pre Constitution Laws and Regulations 1831-1837.

Continue reading “Novemaba 5: No ke Kānāwai Kūʻai ma Lahaina”

ʻOkatoba 8: Lā Poʻe ʻŌiwi

October 8, 2018: Indigenous Peoples’ Day

Columbus Day is listed as one of 10 official federal holidays, but fewer than half of U.S. states give their workers Columbus Day as a paid holiday. See Drew Desliver, Working on Columbus Day? It Depends on Where You Live, Pew Research Center (Oct. 8, 2015). According to one news report, “Just this year, at least a dozen U.S. cities–including San Francisco and Cincinnati–decided to stop observing Columbus Day and will instead celebrate Indigenous Peoples’ Day.” Discoverers’ Day Is Not a State Holiday, KHON2 (Oct. 8, 2018).

Here in Hawaiʻi, Columbus Day has not been observed as a state holiday since 1988. In that year, Act 220 was passed which states: “The second Monday in October shall be known as Discoverers’ Day, in recognition of the Polynesian discoverers of the Hawaiian Islands . . . .” Haw. Rev. Stat. § 8.1-5. The relevant excerpt from Act 220 is below.

Available in Session Laws of Hawaii, Regular and Special Session, 1988.

Monday, October 8, 2018 is Discoverers’ Day in Hawaiʻi. We stand in solidarity with other indigenous peoples as we recognize Lā Poʻe ʻŌiwi.

ʻOkatoba 1: “He Kanawai e Kukulu a e Hooponopono ai i ka Oihana Koa o ke Aupuni”

An Act to Organize the Military Forces of the Kingdom

On October 1, 1886, King Kalākaua and the Legislative Assembly passed a law  entitled, “An Act to Organize the Military Forces of the Kingdom.” This Act established a “Department of War and of the Navy,” otherwise known as the “Military and Navy Department.” Section 1.  It set forth the creation of a military and naval force “not to exceed two hundred and fifty men.” Section 4. The law also provided for a chief of staff, who held the rank and title of Lieutenant General. Section 2. The Lieutenant General was “appointed and commissioned by His Majesty the King, to hold office during his Majesty’s pleasure.” Id. This officer, known as the “Commander-in-Chief” of all the armed forces of Kingdom, was “under the supreme command of His Majesty as Generalissimo.” Id.

Below is an excerpt from the Hawaiian language version of the Act with an accompanying transcription.

Available in Session Laws, Kanawai o ka Moi, 1886.

Continue reading “ʻOkatoba 1: “He Kanawai e Kukulu a e Hooponopono ai i ka Oihana Koa o ke Aupuni””

Kepakemapa 12: “No ka Dute Maluna o ke Dala Maoli a me ke Gula ke Laweia aku mai Keia Aina aku”

September 12, 1842: Export Duty on Silver and Gold

The law passed below on September 12, 1842 abolished the duty placed on silver and gold exported from the country. The duty was abolished because of the harmful impact on commerce. The law below also relates to the proper payment of witnesses appearing in jury trials.

Available in Statutes – Rules and Regulations of the King and Council 1843.

Continue reading “Kepakemapa 12: “No ka Dute Maluna o ke Dala Maoli a me ke Gula ke Laweia aku mai Keia Aina aku””

ʻAukake 28: “Kanawai no ke Kuai ana i ka Rama a me ka Hoouku ana i ka Waina”

August 28, 1838: “Law Respecting Alcoholic Drinks and Duties on Wine”

In 1838, a law was enacted which prohibited the importation of distilled liquors.  Importantly, the law imposed a duty of “one half dollar per gallon” on “all wines imported into the Sandwich Islands.” It would appear that this is the first import duty levied by the Hawaiian Kingdom. The law references an “inspector of wines” who served to collect import duties for the port of Honolulu. The introductory paragraph of this law is referenced below. A brief transcription follows.

Available in Statutes – Pre Constitution Laws and Regulations 1838-39.

Continue reading “ʻAukake 28: “Kanawai no ke Kuai ana i ka Rama a me ka Hoouku ana i ka Waina””

ʻAukake 12: “Ka La i Huki ia iho ai o ka Hae Hawaii ilalo”

August 12, 1898: Lowering of the Hawaiian Flag

Photo credit: Hawaiʻi State Archives.

On August 12, 1898, the Republic of Hawai‘i ceded sovereignty of the islands to the United States under the terms of the Joint Resolution of Annexation. As part of this cession, the republic also conveyed title to Hawai‘i’s public lands to the United States. The public lands, which included Government and Crown Lands, were “estimated to amount to almost 1.8 million acres, with a value of at least $5.5 million.” See Melody Kapilialoha MacKenzie, Historical Background, in Native Hawaiian Law:  A Treatise at n. 213 (Melody Kapilialoha MacKenzie et al. eds., 2015).  On this day, the Hawaiian flag was lowered and the United States flag was raised in its place.

This mournful event was described in Hawaiian newspapers of the time, for example: Ke Aloha  Aina, 13 Augate 1898 (“E Kaumaha Kakou me ka Ehaeha,” “Kaumaha na Lani Kaumaha Pu me ka Lahui”). In contrast, The Pacific Commercial Advertiser stoically announced on August 13, 1898: “Flags Changed: Old Glory Is Now the Ensign of the Hawaiian Islands.”

Photo credit: Hana Hou! The Magazine of Hawaiian Airlines.  Above: The last Hawaiian flag to fly in Hawaiʻi, lowered after annexation ceremonies on August 12, 1898. Collection of nineteenth century flags are currently under the care of the Hawaiʻi State Archives.

ʻAukake 6: No ka Hāʻawi ʻana i nā Kuleana ʻĀina Alodio i nā Makaʻāinana

August 6, 1850: Granting to the Common People Allodial Titles

The Kuleana Act of August 6, 1850 is a foundational law relating to native tenant rights. It authorized the Land Commission to award fee-simple title to native tenants for their own plots of land or kuleana parcels. A kuleana parcel could originate from lands of the king, government, or chiefs. A portion of this law and a short transcription may be found below:

Available in Statutes, He Kanawai Hoopai Karaima, 1850.

Continue reading “ʻAukake 6: No ka Hāʻawi ʻana i nā Kuleana ʻĀina Alodio i nā Makaʻāinana”

Iulai 18: He Kānāwai no ka Lawe ʻana i nā Pū Kīmanu

July 18, 1870: A Law for Carrying “Fowling Pieces” (and other firearms)

The following law was passed on July 18, 1870 for the protection of kolea (and other helpful birds). The indiscriminate use of firearms had resulted in over-hunting. In turn, this was harmful to Hawaiʻi’s agricultural and pastoral industries because these birds consumed pests.  Because the previous 1859 law was largely ineffective, this law specified that a license was necessary to use and carry firearms for sporting purposes. The cost of that license was $5.00.

Available in Session Laws, Kanawai o ka Moi, 1870.

Continue reading “Iulai 18: He Kānāwai no ka Lawe ʻana i nā Pū Kīmanu”