The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-24
EARLY CONSTITUTION OF
THE HAWAIIAN JUDICIARY

/ The following essay on the early
bosnstitution of the Hawaiian Judiciary
written by the late Chief Justice Judd
was first published in 1875 in local
/ periodical called the Male Wreath:
| It must be remembered that the gov
eminent which Kamehameha III receiy
ed from his ancestors was an absolute
monarchy. His word was law.
The first written laws date in ls33; the
first attempt at codifying existing laws
and regulations was made in 1888. They
were collected together and written out
by David Malo at the direction of the
King. discussed by the King and chiefs
for days together, and finally passed
three readings in a council OF the King
and chiefs. 1t provided for a LegisIa-
tnre; that is an annual meeting Of the
chiefs, in April. This Legislature meet
ing at I1ahaina. passed some additional
laws, and finally, in 1872 these laws, to-
gether with the Constitution which had
been proclaimed October s, 1870. were
printed in a little volume in green COW
ers, now commonly called the Blue
Laws" or the Blue Book" The
translauons by Rev. Mr.. Richards from
the Hawaiian into English are extreme
" literal and the phraseology queer. AS,
for instance, The Law for the Regula-
ton of the Courts" p. 170. There are
two distinct kinds of courts one kind
where the judges or tax officers decide
the case by themselves, and he other
kind where they cannot act by them
selves, but certain other persons must
be associated with them These persons
who are associated with them shall con-
stitute the jury"
This law prescribes that the judges and
tax officers have Jurisdiction TO sit alone
in cases in relation to assessment and
taxation, d!spossession of lands, neglect
of lands-in short, in all business of the
tax officers, there shall be no juries. They
had jurisdiction over small ouences and
were allowed to impose fines up to 800
For contempt of court the punishment
was hogging. For jurors, the Governor
and Representatives of the Island of
Hawaii shall select forty wise, rejecting,
just men; not foolish men, not men Of
anger, not Incorporate men-they shall
select none but wise men-write their
names on separate pieces of paper and
put them in a box; and when the trial
comes on the box shall be carried into
the presence of the Governor and Tax
Collector, and the Tax Collector or some
other officer shall draw out twelve names
without previously looking at them: this
shall be the jury" Section 3 The man
/
Kauai shall be the same as that pre-
scribed for Hawaii" No jury trials to
be holden in the back country-oniy at
the Coverings residence Pay of foreign
| jurors to be 81 per diem; but If the case
| is important and there be $3.50 deposited
in the hands of the Judge, then they
shall be paid & per diem Witnesses can
return to attend court unless notified
twenty-four hours before the trial.
L TKaIr IL
rather the Tax Collectors were Judges.
Here we find springing up The great au-
thority of the Governors VINO seem TO
be regarded as viceroys of the King, and
especially on the Island Of Oahu, when
the incumbent was Mataio kekuanaoa,
a man of great strength Of character, en-
ergy and originality of genius As an
( Illustration Of his character: In 1874
company of natives had knocked out
/ their teeth tatooed themselves and in
| dulged in other practices of heathenism.
and the Governor sent them through the
streets Of the town, escorted by a file
! of soldiers, attended by crier. who. in
a loud voice, called the attention of the
I people to them, asking if their conduct
was right. In the same year, on the oc-
casion of a ''Hookupu' TO Kamehameha
Ill, some natives came TO the fort and
assumed various characters in Hawaiian
/ history ana lnOIOEE- One man GtdlIll-
| ed to b. Kahemahmeha the First. The
Governor said to him. "Kamehameha
First was a large man, and you are
little fellow; you are liar. Guards, put
him in irons"' / venture TO say that the
Governor would not have entertained an
application for writ of habeas corpus
10 discharge him-untn he was ready.
It should De borne IN mind that prior
to IS42 no foreigners were in lie service
who was at Lahaina assisting the King
and chiefs in their law councils above
referred To, and occurring to them on po-
( liticai economy. There was no Treas
ury. no Government, except the King.
/ The King collected taxes from all his
subjects; and when We know that all his
/ desires to possess new articles of luxury
readily made him the uupe OF eager ira
! ders, We can understand how, having no
one to consult with. he paid $500 for a
/ looking glass 10000 for q brass cannon,
and $4,000 for a gingerbread schooner.
Such drafts upon the Kings purse COM
PEELED him To denude the Islands of san
daI wood and to force the natives to
Eors so uDiringly and without compen-
sation. that labor became distasteful
and. We are sorry To say, continues to
! be so among the natives.
On the iytn day of May. 1872, the Ha-
Wauan treasury board was formed, con-
sisting OF Dr. G z. Judd, haaliHo and
John Ii which established a regular sys-
/ tenn Of collecting taxes an duues, and
! opened books 81 account ana thus the
/ Government Treasury had an existence
distinct from that of the King and chiefs.
( OF course, with the Evolutionary power Of
( the King anG chiefs stin SO great among
I the common people, there was no trou-
bic in preserving order among them, ana
the established courts satisfied them well
enough, but IL was not so with foreign
ers resident Here- Most Of the various
Consuls. Vice ConsulS and pro- consuIs
busted themselves in making all the trou-
bic they could-not only by preferring
groundless claims against the Govern
ment involving yoluminous diplomatic
correspondence. and which were enforc-
ed al the lannon's mouth. but IN ltIga-
ton among themselves, complaining
finally to their respective home govern
ments when dissatisfied with the deci-
sions Of our courts.
AT this early time there was not one
lawyer On these Islands, and the Govern
ment was in sore need Of one. Mr.. John
Rieord, q lawyer OF great requirements