Hawai'i

Introduction[1]

Of the dozens of internationally recognized nations and the far larger number of sub-national units that produced written constitutions during the rise of modern constitutionalism, the only indigenous participant was Hawaiÿi. And of the hundreds of constitutional documents included in this collection, only the four Hawaiian documents appear in an indigenous or non-European language and predate the multitude of constitutions found outside of Europe and the Americas today. Hawaiian constitutions are included in this collection because Hawaiÿi was recognized as an independent country by other nations.

Samuel Mänaiakalani Kamakau, respected as the greatest Hawaiian historian,[2] lived at the time these documents first appeared and wrote highly of them and the democratic constitutional monarchy that they established. Summing up their benefits, he concluded:

ÿO ka ÿoi kelakela o ka pömaikaÿi i häÿawi ÿia ma ke aloha o ka Möÿï Kamehameha III. ÿO ke kumukänäwai i kapa ÿia ÿo “Kalähikiola, ÿo Kalanaola a ÿo Kuapapanui.” ÿO ka pömaikaÿi këia e hiki ÿole ai ke hoÿonäueue ÿia. Aia nö naÿe i ka manaÿo o nä möÿï ma hope. He kumukänäwai i hana ÿia e nä möÿï ma ke aloha i nä makaÿäinana o ka ÿäina nei.

ÿO këia mau hana, ÿo ia nä hana kaulana a ka Möÿï Kamehameha III i hoÿokaulana ÿia, a he mau hana hiki ÿole ke ÿäkaÿa; ua sila ÿia i loko o ka naÿau o ka lähui holoÿokoÿa, a ua hoÿopaÿa ÿia a paÿa loa i ia hanauna aku, ia hanauna aku, a mau loa; ua lilo kona inoa i mea poni maikaÿi i ke poÿo o ka lähui (Kamakau 1869; Kamakau 2001:331)

The greatest blessing, given through the deep affection of King Kamehameha III, is the constitution called “Kalähikiola” [the sun by which life comes], “Kalanaola” [buoyant life], and “Kuapapanui” [tranquil security of a unified government].[3] This is the blessing that cannot be shaken, although that has been the intent of some later kings.[4] It is a constitution created by the kings because of their deep affection for the citizens of this land.

These are the famous deeds of King Kamehameha III for which he received renown and which can never be overturned. They are written in the hearts of the whole nation and have been fixed there immovably for the generations to come, forever. His name has become a noble crown on the head of the nation (Lyon 2006).

Although no original manuscripts of any of these documents survive, the Hawaiian government carefully printed them at the time, and dedicated archivists have preserved and maintained them.[5] An unofficial, partial compilation was made by Lorrin Thurston in 1904. A central participant in events that led to the 1893 overthrow of the Hawaiian government and the subsequent annexation of the Islands to the United States, Thurston compiled the English versions of the constitutions of 1840 and 1852 (pp.1-9 and 155-168, respectively), among other government documents. He provided indices for both constitutions (pp. 291-294 and pp. 325-336, respectively) and included some, but not all, of the amendments to these and later constitutions (only one of the four amendments to the 1864 constitution and none to the 1852 or 1887 constitutions). No complete compilation of the documents existed until definitive editions were published in Ka Hoÿoilina: Puke Pai ÿÖlelo Hawaiÿi/The Legacy: Journal of Hawaiian Language Sources.[6]

This collection includes other U.S. state constitutions as translated into various languages to enable those states’ language minorities to understand the documents. Such is not the case here, where the Hawaiian constitutions were the primary texts with translations made into English. The majority of the population in the Islands at the time were Hawaiian-speaking, and most of the small minority of non-Hawaiians, if not fluent, were at least able to understand spoken and written Hawaiian. Today, the state of Hawaiÿi constitutionally recognizes Hawaiian and English as its official languages – the only state in the Union that so recognizes a non-English language, much less an indigenous one.[7] Not only are the Hawaiian language constitutions historically important, but Hawaiian is still used today (and is, in fact, enjoying a renaissance). Therefore the introduction, footnotes, and index are in both Hawaiian and English.

The 1839 Hawaiian constitution has survived with only an unofficial English translation from the time period and has been given little weight by historians. Some have considered it to be a declaration of rights, or the Hawaiian Magna Charta, but not a constitution (Kuykendall 1938: 159, 160). This view is supported by a revised (and weakened) version of the text that appeared within the official Hawaiian and English versions of the 1840 constitution. Yet the sole, official title of the 1839 document was “Kumu Kanawai” (today spelled Kumukänäwai; literally, fundamental law), the same title appearing on subsequent constitutions. As such, the document is included here. All Hawaiian constitutional amendments from the period prior to 1860 are included here. There were no failed amendments as defined in this collection.

The documents are reproduced using their original orthography, including the Hawaiian source orthography and archaic English which differ from the language’s contemporary standardized orthography. Spelling, capitalization, punctuation, italics, and parentheses follow the original, except where noted. In keeping with the style of this collection, a minimum of annotation has been included.

Hawaiÿi occupies a number of unique positions within this collection of documents associated with the rise of modern constitutionalism. Not the least of these positions was Hawaiÿi’s indigenous constitutional monarchy which held sovereignty over an area now within the United States and which was internationally recognized by the era’s great powers. The editorial team of this collection, including Horst Dippel, Miriam Leitner, and Ulrike Reinecke, are acknowledged and thanked for making these particular documents more readily accessible than they have been.

Select Bibliography

General Literature

Ka Hoÿoilina, Puke Pai ÿÖlelo Hawaiÿi / The Legacy: Journal of Hawaiian Language Sources, I:1 (March 2002), and I:2 (September 2002), Honolulu: Kamehameha Schools Press in association with University of Hawaiÿi Press.

Kamakau, Samuel Mänaiakalani, "Ka Moolelo Hawaii", Ke Au ÿOkoÿa, October 14, 1869.

Kamakau, Samuel Mänaiakalani, Ke Aupuni Möÿï, Transliteration by Puakea Nogelmeier, Honolulu: Kamehameha Schools Press, 2001.

Kamakau, Samuel Mänaiakalani, Ruling Chiefs of Hawaii, Rev. Ed., Translation by Mary Kawena Pukui, Thomas Thrum, Lahilahi Webb, Emma Davidson Taylor, and John Wise, Honolulu: Kamehameha Schools Press, 1992.

Kuykendall, Ralph, "Constitutions of the Hawaiian Kingdom", Papers of the Hawaiian Historical Society No. 21 [1940], Honolulu.

Kuykendall, Ralph, The Hawaiian Kingdom, Volume I: 1778-1854, Foundation and Transformation, Honolulu: University of Hawaiÿi Press, 1938.

Kuykendall, Ralph, The Hawaiian Kingdom, Volume II: 1854-1874, Twenty Critical Years, Honolulu: University of Hawaiÿi Press, 1953.

Lyon, Kapali, Personal communication, 2006, Hilo, Hawaiÿi.

Osorio, Jonathan Kay Kamakawiwoÿole, Dismembering Lähui: A History of the Hawaiian Nation to 1887, Honolulu: University of Hawaiÿi Press, 2002.

Thurston, Lorrin, The Fundamental Law of Hawaii, Honolulu: The Hawaiian Gazette Co., Ltd., 1904.