The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-01-23

HaWalians, according to Judge Frear.
| were people given TO laws and law
making from the first They present.
| ed, perhaps the most rernarlsao bic in
| stance IN history OF 4 people evolving
| foF themselves d ser Of laws from their
internal customs, influenced b. outsid~
| eTs, without me inlecyezlt.eu OF con-
| guest Five hundred years ago kali
huhani, King of oahu, franco q COM
plete set Of laws for this island, de-
| ming The duties OF the chiefs ana tt.e
| people, and ordered a survey Of the
| island, his laws being so good that
the kings o. Hawaii and Maui Invaded
Oahu to take advantage OF his sys-
TEN, but We're driven back with erea,
| slaughter by the Oahu king
| The laws of the Hawaiians were. at
first, oral. They were delivered by the
| Chlefs' and We're carried TO Their re-
| tanners clear down TO the common peo-
| pie so that they became known in ali
| parts OF the dominion of the chief Civ
ing tnein This custom of giving oral
laws continued down to the time of
haahunanu, who had been assoclateu
IN the government of the great Ka-
mehameha SO that the two had some
thlng OF the relation to each other of
the roman consuls, although the king
was always looked upon as the su-
perior. In 1924 Kaahumanu issued a
set OF oral laws, prohibiting murder,
theft, boxing or fighting, and amuse-
ments on the Sabbath
one or the great evils of that time |
was the habit Of having women on the |
ships IN the harbors, and Kalimoku is |
sued a law against the practice which |
was the first written law. There was
STRONG ;,,e
violent action on the part of foreign
ers, VINO claimed that the kings had no
right to make laws to control anyone
but their own people. The British Con-
sui at that time was the most SIREN
uous objector and when a native killed |
a cow belonging to an Englishman, the
native was caught and punished for il |
by the foreigners.
Then, to forestall the natives, the
consul complained to the king, saying
that II the natives killed cows it would
not De long before they would come to
killing foreigners. The king diplomat
ically admitted that the natives had no
right to Kill COWS, and then issued a
proclamation of six laws, calling on
Rev. Mr.. Bingham to be present at |
the great meeting at which thew were !
proclaimed and open the proceedings |
with prayer. This Mr.. Bingham con-
Sented to do, although Immediately {
after the prayer he retired, as he did
not want to get mixed up on the politi- | :
ral side of the matter. The king then ]
proclaimed six laws, for the govern {
nent OF all the people in the islands ;
foreign as well as native. These were, /
irst, forbidding murder; second, J
against theft; third, against fornica- +
I-fh of,,- | :
fifth, against amusements On the Sab
oath; sixth, against gambling.
These have been called the Blue
avs and their inspiration has been
'harged against the missionaries. The
did not draft them and
lad nothing to do with promulgating
hem, but it is one of their most glo-
lous monuments that these laws grew Q
rom their teachings. Coming down | |
hen through the legal history, Judge Il
'rear showed how a regular code had !
been evolved from the old | o
InWritten laws of the natives and the h
ater written laws of the early kings. S
ntil the first constitution was drawn
4 1889. This has been called a mere ! T
eclaration of rights, but was in fact t
constitution and was the magma | t
harta of Hawaiian Liberty On the I
blowing year, namely on october 5, | [
$40 another constitution was drafted, Il
obtaining that of 1889, and on No r
ember of the same year the first | II
lection law was proclaimed. From r
lat time to the present the progress u
as been steady, the common people ! |,
rowing in Importance in the purvieW \
the law and the privileged classes -
losing the dominance which | =
al been theirs in the early dawn of | -
olynesian history. !:
Following the reading of Judge | :.
rear's paper, which was ordered punt -
|, Sydney NJ. Ballou said that his CIV
other, in Boston, had prepared a {"
ost extensive photography of Hawaii III
hich was now in the hands of the III
librarian of Congress, at Washington =
1t which he would be glad to give to ID
G society to print provided it were
IT printed in Washington. On motion &C
Mr.. Bryan, seconded by Dr. Emer- Oh
n, it was voted to accept and print III
e photography, if it could be OBJ \
ined. The society then adjourned. al
/ 49,