Statewide County HI Archives History .....Notes By The Compiler 
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Joy Fisher sdgenweb@yahoo.com December 30, 2007, 2:08 pm

NOTES BY THE COMPILER

  The first declaration of the creation of a law-making body is contained in a
proclamation by the King dated October 7, 1829. It named the King and regent and
ten chiefs as entitled to sit in Council. This council was the forerunner of the
legislature proper. Previous to its establishment the laws were mostly
customary, many having their origin in the edicts of early Kings. General laws
were made by the King and subordinate laws by the chiefs for their respective
jurisdictions. Important laws were proclaimed by the King after consultation
with his counsellors, the high chiefs, who formed a sort of embryo legislative
body. They were made known by heralds, and preserved by a class whose sole duty
was to memorize, teach and hand them down to succeeding generations. The first
law printed and published was one relating to the entry and clearance of
vessels, the desertion of seamen, and harbor and pilot dues at the port of
Honolulu, dated June 2, 1825.

  With the uniting of the islands under one government by Kamehameha I, the
country was divided into four parts, corresponding in the main with the former
Kingdoms, and governors were appointed over them, who had legislative and other
powers almost to the extent of the Kings whom they succeeded. Due to the
weakness of his son and successor, Liholiho, Kamehameha I established the office
of Premier, or Kuhina Nui, as it was called, the occupant of which had power
almost equalling that of the King and a veto power over his acts. This office
was abolished by the Constitution of 1864. Four high chiefs were selected as
special counsellors, as were also "four wise men" to assist in the deliberations
of the council; others were called in from time to time, and on important
occasions the governors and high chiefs from the other islands were summoned to
a National Council.

  Following the arrival of the missionaries, and as their teachings and
influence began to be felt, the chiefs and the more intelligent of the common
people began to realize that they must have more definite and enlightened laws,
if they were to maintain themselves as a nation in contact with a superior white
race. The weakness of Kamchameha II, and after his death in 1824 the youth of
his successor, were primary causes favoring a growth in power of the council of
chiefs, which power was gradually assumed; the council grew in importance as a
lawmaking body, and more salutary statutes began to be made. During this period
efforts were made to instruct the people in regard to contemplated laws, and in
some instances those enacted were more in the nature of advice than of strict
law. Advance notice of proposed laws was given as late as 1838.

  As the country grew in enlightenment a Bill of Rights, aptly called Hawaii's
Magna Charta, was proclaimed, June 7, 1839. This was the forerunner of the First
Constitution, though it might be so designated itself, promulgated October 8,
1840, portions of which were incorporated into that document. This constitution
did not create the House of Nobles; it merely continued the old council of
chiefs, who were already Members of the Council, to sit in council with the King
and Premier, as heretofore, and provides that additional members were to be made
so by law. Members of this Council were called Nobles, and as such were a degree
higher in the rank of chiefs. Provision was also made for choosing annually
"certain persons to sit in Council with the Nobles and establish laws." The mode
of choosing, and the number to be decided by law, which was done November 2,
1840, when the council passed a law providing for the election of two
representatives each from Hawaii, Maui and Oahu, and one from Kauai. This law
also provides for the method of their election, which was by writing personally
to the King or by petition to him. The form of letter is given, and the
statement made, "Even should there be many such letters written it will be well,
for the person who has the most names in those letters will be the person
chosen"; also, "In these ballot letters there may be a great number of
signatures to the same letter. The names of all who vote will be counted, and
the persons having a majority will be the ones who are chosen." Forgery and
duplication of names is provided against, and a penalty provided for these
offenses. This was the first election law. While Representatives were thus
provided for, the people did not seem to make much use of their privilege. In a
compilation of the early laws, under the heading "Respecting the new meeting of
the Nobles," the following statement is made: "On the first day of April, in the
year one thousand eight hundred and forty-one, the Nobles met at Luaehu, in
Lahaina, according to the requirements of the Constitution, and afterwards three
persons' came forward appointed by the people, and joined the Council of
Nobles." The journal of the session of 1841 makes no mention of this; in fact,
the representatives are not mentioned in any way until April 28, 1842, on which
date the journal of that session records, "At the hour of two the Nobles again
assembled together with the Representatives." This is the first mention of them,
and later they are referred to from time to time up to the session of 1845, when
their names are recorded for the first time, and thereafter from five to seven
are recorded as present and taking active part in the proceedings of the several
sessions up to that of 1851.

  The requirement of the constitution that the two houses should meet
separately, seems to have been a dead letter, for there is no record of the
representatives having met, up to 1851, other than with the Nobles, but
advantage seems to have been taken of that clause in the constitution which
allows the two houses to unite at their discretion, at such times as they shall
think it necessary. This necessity of joint meeting seems to have been the rule
rather than the exception. During this period the Representatives had little or
no influence and took but a minor part in legislation. This was doubtless partly
due to their forming such a small minority, but probably the principal reason
was their deference to the Nobles, all of whom ranked as Chiefs, and the
privilege, as members of the legislature, of meeting, on the same level, those
whom for generations they had been taught to regard as superior beings, could
not at first be grasped, and the great difference in rank done away with to the
extent of making them feel on the same footing as the Nobles, when engaged in
the legislation of the country.

  The power of the old Council of Chiefs as a law-making body, however, did not
cease entirely with the creation of the Legislative Council. One of the laws
passed during the session of 1841 was as follows:

  "The Constitution declares that no new law shall be enacted without the
consent of a majority of the House of Nobles, and Representatives. This is well,
as the chiefs believe, but here is a little further explanation.

  If His Majesty the King, the Premier and the Nobles resident near perceive any
particular evil, and on that account think best to pass a new law, they may do
it, and that law shall stand until the next meeting of the Legislature, when it
shall be at the option of the Nobles and Representatives to confirm or annul it."

  The Legislative journals began with the session of 1841, held at Lahaina, and
the Council continued to meet there until the session of 1845, when, on April 2,
it met for the first time at Honolulu, by which time it had become generally
known as the Legislature, and its branches as the House of Nobles and the House
of Representatives, respectively.

  As time passed it began to be felt that the people should be more fully
represented, which feeling culminated in an Act passed July 30, 1850, which in
its preamble states: "Whereas the Constitution provides for an increase in the
number of the representatives of the people; and Whereas, it is proper that His
Majesty's subjects of every class, and all the various interests of the nation
should he fully represented in the legislature, therefore: Be it Enacted," etc.
This act increased the number of Representatives to twenty-four—six for Hawaii,
five for Maui, one for Molokai, one for Lanai, six for Oahu, and five for Kauai
and Niihau. Under it an election was held, January 6, 1851, which was the first
election by ballot, though the method of voting was somewhat crude. It was only
necessary for a voter to hand his tax receipt to the clerk in charge and he was
then entitled to cast a ballot for-anyone he pleased, no list of candidates
having been made out. The name of the voter was recorded as he cast his ballot,
after which his tax receipt was returned. The Legislative Council to which these
representatives were elected convened April 30, 1S51, from which time the House
of Representatives may be said to date its existence as a separate and
influential branch of the legislature. This influence was exemplified at the
Regular Session of 1855, when the two houses clashed over the appropriation
bill, and the breach became so wide as to prevent any agreement being reached,
which resulted in the legislature being prorogued by the King and a special
election ordered for a new House of Representatives, the sole duty of which was
to pass an appropriation bill. Thus the year 1855 was unique in the legislative
history of the country as having, in membership, two distinct Houses of
Representatives.

  When the Legislative Council met for the session of 1851, the two branches
organized separately, and the Journals of the House of Representatives began
with this session.

  It will be noted that at the early sessions of the House of Nobles, female
chiefs were members of that body. These may be identified in the Roster by (w)
after the name; thus Hawaii was far in advance of the mainland in having women
in its National Council; this was due to rank, however.

  It will also be noted that Associate Justice Geo. M. Robertson held a seat in
the House of Representatives, and was Speaker during the Sessions of 1855, 1856
and 1858-9, while at the same time occupying a seat on the Supreme Bench. This
right was not questioned until the Session of 1856, when thirteen residents of
Honolulu protested, in a petition to the House, against his holding a seat in
that body on the ground that it was contrary to the Constitution of 1852. This
petition was referred to Chief Justice Lee, who, in a lengthy opinion, dated May
1, 1856, and which is recorded in the journal following the proceedings of May
12, of that year, held that it was not unconstitutional for a judge to hold a
seat on the bench and in the Legislature at one and the same time. Judge Lee
himself was Speaker of the House during the Session of 1851 while holding the
office of Chief Justice of the Superior Court. The Constitution of 1840, in
force at that time, makes no mention of this subject, however, and his right to
a seat in the legislature was not questioned. John Ii was also a member of the
House of Nobles while holding the office of Associate Justice of the Supreme
Court, during the several sessions 1848-1854 inclusive, and of the House of
Representatives during the session of 1855. The right of the Judges to hold
seats in the legislature was abolished by the Constitution of 1864.

  The several Constitutions have been included in this compilation, and precede
the periods to which they apply, for the purpose of showing the organic law
under which the Legislature was acting during these  periods. Under Territorial
Government, only such portions of the Organic Act as apply to the legislature
are given.

  For the purpose of showing existing conditions and the business with which the
legislature would have to deal, the speech of the Monarch precedes the different
sessions, from the first delivered to the legislature of 1845 to that of 1892.
Also the speech at the end of the session, 1866 and 1888 excepted, the first of
which was made on the occasion of dissolving the regular session of 1855, and
established the precedent thereafter followed during the Monarchy. The Speech of
the President at the opening of the sessions under the Republic of Hawaii are
also included for the same reason as above stated. The Governor's messages to
the Territorial legislatures are omitted, as they can be found in the printed
journals of the different sessions.

  From the time the Constitution of 1852 went into effect until that of 1887,
the Nobles were appointed for life by the King. Previous to 1852 they were
elected by the Nobles themselves, and under the Constitution of 1887 by the
people. During the period of these life appointments only the names of such
Nobles as are recorded in the journals, as being present and taking part in th
proceedings, are given in the Roster; at no session until that of 1887 was there
a full attendance of the members of the House of Nobles. Exclusive of the
Ministers, the Nobles present varied from six at the extra session of 1874 to
twenty-one at the session of 1886. Under the Constitutions of 1852 and 1864 the
Ministers held seats ex-officio, in the House of Nobles; under that of 1887 they
held seats in the legislature. Under all the Constitutions mentioned they had
the same privileges as that of appointed or elected members, including that of
voting, excepting under the Constitution of 1887, on a question of want of
confidence in them. In the Roster of "Record of Service" they are indicated by an
*.

  Under the Constitution of the Republic, the Members of the President's Cabinet
were ex-officio members of both Houses, with all the rights, powers and
privileges of elected members, except that of voting. The Cabinet did not take
part in the legislative proceedings to the same extent as that taken by the
Ministers of the Crown. Their services in the Legislature were more in the
nature of an advisory capacity and of furnishing information required.
  Previous to the Special Session of 1887 the journals, as a rule, do not
designate the districts represented. Beginning with that session these are of
record, and the members of both houses are listed under the districts they
represent. From the session of 1901 the political party is also designated.


Additional Comments:

Extracted from:

PUBLICATION NO. 1
ARCHIVES OF HAWAII

ROSTER 
LEGISLATURES OF HAWAII
1841-1918

CONSTITUTIONS OF MONARCHY AND REPUBLIC
SPEECHES OF SOVEREIGNS AND PRESIDENT
COMPILED FROM THE OFFICIAL RECORDS
BY
ROBERT C. LYDECKER
LIBRARIAN, PUBLIC ARCHIVES

PUBLISHED BY AUTHORITY OF THE BOARD OF COMMISSIONERS OF PUBLIC ARCHIVES
C. P. IAUKEA
Chairman and Executive Officer

A. G. M. ROBERTSON 
M. M. SCOTT
Commissioners

Honolulu: The Hawaiian Gazette Co., Ltd.
1918


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