The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-06-04

God King Of these Hawaiian Islands, do hereby give, make over
and conSl 1%i an n rTF !, 70 me , Chieis ana people Of my kingdom,
here IN the Hawaiian Islands, inscribed on pages I79 to 225.
both inclusive, Of this book, to have and to hold to my Chiefs
These lands are to be in the perpetual keeping Of the Iepis-
latlve Council (Nobles and Representatives or in that of the
suPerntendents OF said lands, appointed by them from time to
with the will Of said Mobiles and Representative. for the coed
OF the Hawaiian government, and to promote the dignity Of the
BY referring now to ;he confrnatory act Of the eth June,
leis, 1t must be apparent to every one. from the close similari-
~ OF the language used in said act with that OF the Instruments
Just reciied: that the Legislative Council simply intended by that
Privy Council, and thereby bind the nation to It's faithful o6ser-
nahce oreSeT We think the Attorney General was mistaken
80 u IT t sal "a q o 'h June lsis, appeared TO have been
GRATED hastily or inadvertently. IL is within the knowledge Of
the our that The act IN question was prepared in the English
language by the late Chief Justice Lee, who had taken a promi-
nent part in the discussion Of the subject in the Pnvy Council,
been fully alive To the nature and Importance Of the business,
and knew well the legal import Of the language introduced into
the act.
His Majesty King Kamehamela III, had no surviving child
OF his own but had adopted his nephew, Prince Alexander Lii
hoiho In the month Of April, 1858. His Majesty, with the con-
ticie of the Constitution, publicly proclaimed Prince LihoGho as
ms successor on the throne At the sane time he made and ex-
regard 10 the descent Of the Crown and the disposition of his es-
tate. By the first clause Of that instrument he declared his
successor 10 the Crown. By the seconG clause he declared that
if Prince Lihorho should not survive him or should become in
capactated under the Constitution. his viii was that Prince Lot
kaInehameha should be heir to the throne, and failing him, the
trEce5S Nictoria hainamalu. BY the third clause he directed
that all his just debts should be paid cut Of his estate by his
fourth clause he devised to his cousort Queen Kalama. certain
lands IN Lieu Of dover provided she should accept the same.
adopted son Prince Lihoubo. His Majesty died on the 18th
Kamehameha ". The will of Kamefameba iIi ~ CuIv
proved before the Hon. Lorrin Andrews, Judge of Probate. on
touching the Kings estate, were carried out by his executors.
It's admitted that from the time when Kamehameha III.
separated his own property from that OF the Government, in
1S4s, up till his death. he dealt with his reserved lands as his
his pleasure. Ever snce the divisi9n. those 0s si iands. t escsp pri suc Si
as have been sold, have always been known as the Kings lands,
and have been managed by an agent or land steward appointed
by the King. After the death of Kamehameha III Queen
kaiama declined to accept the lands devised to her by the
hlnEs VIII, IN lei OF dover, on the ground that she had re-
ceived these lands from him in the division of 1S4S. Her right
t dover was acknowledged by King kameiameha ". who
made an amicabIe arrangement touching the same, by settling
npon her a fixed annuity for life, in cons liberation of which she
relinquished her claim for dover by deed. In the year 1856
the late King married his still surviving consort Queen Emma.
Ills Majesty's reign. a period Of 1cariv nine az he ronstantiyS
dealt with tie lands in question as his private property in like
manner as his predecessor had done. and Her Majesty Queen
Emma was always in the habit Of joining with him in deeds to
individuals; whenever it was necessary that she should 90 so
in order to bar her dover. On the 3oth day Of November last,
Having stated fully all the facts and circumstances which
the Court in ascertaining the intention of kamehameha III. as
declared in the instrument of reservation of the sh March,
1913, and in giving a sound construction to the confrmatOry
act u the legislative Council. it only remains for us now to
In our opinion, while it was clearly the intention of Kameha-
meha III. to protect the lands which he reserved to himself ont
the prowess and skill of his father, the conqueror, from the dan
ger Of being treated as public domain or government property,
it was also his intention to provide that those LANDS should de-
scend to His Heirs and Successors, the future wearers of the
Under that Act the lands descend iS fee. the ;nberitsncc iie;ng
cessive possessor may regulate and dispose of The same accord
Ing to Lis Will and pleasure, as private property, in Ike manner
as was done by Kamehameha III.
In our opinion the fifth clause Of the Will of Kamehameha
Ill was not necessary to pass the reserved lands to Kameha-
meha ~, any more than the first clause was necessary To pass to
him the crown. He was entitled to inherit those lands by force
of the Act of 9TH June, 1913, when he succeeded to the crown,
in virtue Of the public Proclamation made ny his Predecessor
with the consent of the House Of Noble, and he was entitled as
the adopted son of Kamehameha Ill to inherit the remainder
Of his estate not devised to any one else, suffice" to dover.
We are clearly Of opinion also, that Her Majesty Queen Emma
Is lawfully entitled to dover in the reserved lands, except so far
as she may have barred her right therein by her own act aud
deed. There is nothing in the Act of 18th June, ISiS- winch can
be understood as taking away the Queens right of dover in the
lands therein named nor is there any law of this kingdom
which renders the matrimonial rights of the wife of the King
any less than or any different from those of the wife OF any private
gentleman. Such was unquestionably the understanding of
both kamehameha III. and his Successor, as to dover in those
lands. which are to be dealt with i'll all respects as private inner
liable property, subject only TO the special Legislative restric-
ton on the manner of their descent.
But His Majesty kamehameha ". was possessed of other
property. both Trai Ini IEr~urai n. tho .ira~ - hG,I ao.L M.
affected with the special character attached to the reserved
lands. The descent Of that part OF his estate must be governed
by the general law of inheritance and Distribution, and Her
onc-half OF that property, after the payment thereout OF such
portion of the late Kings debts as are not specifically charged
by mortage or otherwise upon the reserved lands. Debts of the
latter class ought clearly to be paid out of the estate encum-
bered Herewith.
Let Judgment be entered accordingly in favor of both the
claimants.
Honolulu, 9th May, 1864.
Attorney General Harris, for His Majesty the King; Messrs.
Bates and Montgomery, for Her Majesty Queen Emma.