The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-12-11

The proprietors of the Holomua
have done the public great service
by reprinting translation OF the nrst
Constitution and the first Code of
Laws of the Hawaiian Kingdom,
which were enacted from time to time
from 1889 to 1912 inclusive.
The translation was made by Rev.
w. Richards. L have not yet had
time to critically compare the reprint
with the original edition, which was
nublished at Lahainaluna in 1912, and
has now become very rare, but regret
tn see that the noble Declaration OF
Rights, which properly forms the in
PRODUCTION to the Constitution, has
been omitted in the Holomua's re-
print.
AS both the Holomua and The
Friend seem to be under the erroneous
impression that this Code was the
work of Rev. VIM. Richards and DIR.
q. p. Judd, then recently OF the Amer
lean Mission, aided by other gentle-
men," it seems to be worth while 10
re-state the facts regarding It's origin.
During the period referred 10, Dr.
Judd was residing in Honolulu, and
was still a member Of the American
Mission. He did not become con-
nected with the Government until
Nav, 1912, after the publication OF the
translation of the so-called Blue
Laws"
Rev. VIM. Richards, who lived at
Iahaina, was employed by the chieIS
"a Government translator and teacher
of political science, but did not per-
sonaIIy take part in drafting this
Code. which contains unmistakable
evidence that it was originally COM
posed in the Hawaiian language, and
by Hawaiians. ,,-,.,
As the translator says: Several OF
theoriginal laws were drafted by David
MaIo, some by John Ii; nearly all the
laws on the subject OF taxation were
drawnupb by Boaz Mahune, ana the nrst
drafts of others were written by Tim
othv Keaweiwi, Daniel Iii and others.
But nearly all were materially modi-
fled by the mobiles and representatives
at their annual council" which held
its session at Lahaina-
In the Hawaiian Spectator for July,
1899. NAV be found an account OF the
manner in which the constitution and
the preliminary code OF laws, Puo-
lished IN 1889, were drawn up. IL Is
there stated that "They were written
by a graduate of the (Lahalnaluna)
Seminary at the direction OF the
king"
He wrote in the first instance about
one.third of the present quantity of
matter, which was read to the king
and several of the chiefs, who spent
two or three hours a day for five days
in succession, in the discussion OF the
laws and the various subjects OF winch
they treated. In some particulars
these laws were pronounced defectlVe,
in others erroneous, and the writer
1vas directed to rewrite them and con-
form them to the views that had been
Expressed. This was done, and they
were thus considerably enlarged, and
then passed a second reading at
meeting of the king and all the inn
portant chiefs of the islands.
At this second reading longer time
was spent than at the first. They were
still pronounced defective, and further
additions and corrections were made
in tbe same manner and by the same
person as before. They then passed
their third and final reading, after
which the king inquired of the chiefs
III they approved, and on their say
ING ives" he replies, 81 also APP
nrove,I and then rose and in their
presence suffixed his name to 1T.
The statement just quoted vind1-
Gates for the king anu chiefs tne Piih-
cipaI share in drawing up this Code,
which is highly creditable to all who
took part in framing it, and may be
regarded as the Hawaiian Magma
Charta. 1t gave the common people
a feeling of security unknown before,
and formed the first step toward estab-
fishing individual property in the
land. 1t also guaranteed Jree,
dom of worship, and put an END
to persecution for religious opinions;
These "Blue Laws" established fol
the first time uniform system OF tax
alton, and abolished all the oppres
siye local and arbitrary taxes
levied by governors or chiefs;
Thev also put an end TO al
arbitrary forced labor, as well as
to most of the oppressive taous tnal
had rested on fishing. chapter Ii
ably recapitulates these reforms, and
gives a vivid picture of the cruel AND
Oppressive system that had formerly
prevailed.
They were eminently practical, ano
on the whole well-suited to those
times and to the character OF the Peo-
pie for whom they were enacted. Ihey
formed the first step in that up"aII
progress which has at last culminateo
in the establishment of the RepuonC
~ a II