The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-06-05
Before Hawaiian Bar
Association Members
Justice De Bolt Ne
Iates Interesting Facts
of History.

trOH. ora Iu.Sslt. evening ja>'ftt 10
Bolt of the supreme court. -t5d.
".In responding to the toast. The
Territorial Courts, it h. occurred to
me that it would not be inappropriate
to glance. briefly, at sone Of the an
cient usages. as well as the manner Of
the HawaiiauS i'm administering Justice
among themselves in the days of
simplicity. before the coming of the
foreigner. the advent of the printing
press. aud the requirement Of the art
of writing; likewise, in passing, to OBJ
serve some of the early constitutional
and statutory provisions, and to note,
also, the gradual evolution of the Ha-
waiian Judiciary. Thus the historical
phase Of the matter claims first con
sideration.
owe have it from tradition and from
other sources, more or less reliable, that
the form of government which ancient
" existed in these islands was feudal
in its nature, being similar to the
government established and maintained
in England by William the Conqueror.
Especially was this true after all the
islands were united under one general
government by the innate genius and
military prowess Of Kamehameha I.
That there should be founded in each
of two island kingdoms-remote from
and unknown to each other-slmllar
governments, alike eveb as to many
minute details, must be considered. [
submit, as a somewhat remarkable coin
cdence In the Hawaiian Islands. at
the time referred to, as in ancient Eng
land. the King was iori paramount, the
chief was mesne lord, and the common
man was tenant paravail. This feudal
system as it then prevailed IN these
islauds subserved all governmental
needs-executive. legislative and judi
cial-aII of which powers We're vested
in the King. exercised personally by
him or through his chiefs With regard
to the adjudication of the rights and
wrongs Of the common people prior to
and during the reign of Kamehame ha,
it seems that there We're certain rec
ogniZed forms or methods Of judicial
procedure. crude though they were,
whereby the rights and wrongs or la
bilities of an individual were adiudi-
Gated. The distinction. if any, as be
tween the violation Of public and
private rights. was not very clearly de-
fined or understood. The right of each
man, also. to be a law unto himself
was recognized; and, therefore, one
who had suffered a personal wrong or
injury at the hands of another might
rightfuIly, do himself that immediate
justice which untutored and unrestrain-
ed nature might prompt, urged on by
the smarting Of the injury sustained.
This we can readily understand. for it
is. to some extent. -ecoguizcd as law
even now. And. no doubt.-in recogni-
ton of this propensity of man to re-
taliate and sometimes by reason of his
zeal and heat Of passion to do himself
more justice than he might rightfully
be entitled to. cities of refuge were
designated, into one of which, if the
offender could escape. ne was safe. no
matter what or how grave the crime
which he had committed.
"In eases of larceny the owner of
the property stolen had the right to
take from the thief any or all the
property which the thief might have in
his possession. and thc thief was so
awed and restrained by public opinion
that he would make no resistance to
this summary mode Of doing Justice
Trial by ordeal also seems to have
been recognized and practiced It con
sisted Of two kinds, ordeal by fire and
ordeal by water.
'The more orderly manner of al
mjnister,ng Justice, however. was his:
The interested parties, without wit
nesses OF attorneys, personally appear
ed before the King or chief, and they
were then and there both heard face
10 face. The trial was brief and iudg
ment followed Immediately. The rights
or liabilities of an individual were
usually adiudicated in the frst in
stance, by his superior next in order
above him. and appeals might be taken,
first to the superior next in order
above the one who heard the cause. and
so on until the matter n dispute finally
reached the King, the court Of last
resort
''In all worldly matters concerning
the people the King of course, was the
source of all power, authority, law and
Justice
''The form Of the government down
to October :, 1870. the date of the
adoption Of the first constitution, was
that of an absolute monarchy.
1.-The formation Of one general gov
eminent for all the Islands by Kane
hameha, who reigned from 1872 to
1919, brought peace and prosperity to
the people, which they had not enjoy
ed for some centuries next prior te
that great event. Under his reign the
people enjoyed security Of life liberty
and property to an extent scarcely
dreamed Of before. The rights of the
individual man became more clearly
defined and better understood. The al
ministration Of Justice assumed more
definite form.
"To the wisdom and greatness OF
this unlettered and untutored Monarch
to whom civilized government was a
stranger. may be traced some Of the
governmental advantages enjoyed by
the people of Hawaii in days long sub
segment to his demise. Even in thi,
enlightened day and age with all its
achia-arran-S in the arts and sciences