Chapter 5

The reasons for such a course will appear in the fact that the Commissioners selected to revise, codify and amend the laws now in force, partly on account of the ill health of one of the members, now deceased, and partly from the laborious nature of the task imposed upon persons whose time was already occupied by the duties of office, have been unable to perfect their work within the time, which before the undertaking was commenced, was deemed sufficient. The Joint Committee could only receive and proceed to review such portions of the Revision as are already prepared, and receive more as the Commissioners progressed. By means of a little inquiry, the time when their report upon the whole would probably be forthcoming might be ascertained, when the two Houses could meet again to review the Report and proceed with the general business of the country.

The suggestion I have made demands further consideration from the fact that a new Treaty, negotiated between me and the Emperor of the French, has lately been returned from Paris, accompanied by the formal ratification of the Emperor. It now awaits a similar concurrence, on my part, to render it effective. In accordance with the provision of our Constitution, this Treaty is now under consideration by me, in my Privy Council of State. The provisional Act, therefore, which a former Legislature passed, will become operative or otherwise, according to the result of those deliberations I refer to, and until that result becomes known the Minister of Finance cannot make to you a satisfactory showing of the probable receipts of the Government for this and the next fiscal year; and without such data to go by you will hardly be able to dispose of the strictly financial business of the country.

So, too, in regard to the Civil Acts, the passage of which draws so largely upon the time of your two Houses. It would be nothing less than a waste of labor to alter, by separate enactments, those laws which the Revised Code will amend, or to sanction new provisions, in that Compendium already provided for, and which temporary enactments would, therefore, become valueless almost as soon as they should have been promulgated.

Believing, gentlemen, that you will coincide with me in seeing the necessity for a speedy adjournment, after having made the provisions I have pointed out, I forbear to call your attention to the general business and details to which I should otherwise direct your notice.

MARCH 31, 1859.

_Special Message of His Majesty sent to the Legislature of 1859._

NOBLES AND REPRESENTATIVES:--I deem it my duty, as Chief Magistrate of the Kingdom, to submit to the Legislature certain points in regard to which the organic law seems to require revision.

Experience has conclusively shown that the Constitution of 1852 does not, in many important respects, meet the expectations of its framers, or of my Predecessor, by whom it was voluntarily conceded.

It is the part of wisdom to derive lessons from experience, and to regulate our future policy in conformity with its suggestions.

The 105th Article of the Constitution prescribes the ordinary mode of amendment. Without reference to a different manner of revision, clearly founded on the inherent rights of the different Estates of my Kingdom, I am, at this time, content to appeal to the Legislature for such action as will provide an adequate remedy for all existing difficulties.

I am satisfied that it would result in great public advantage to allow to my Executive Ministers the privilege of election to the House of Representatives, except when constituted Members of the House of Nobles by Royal Patent. It would also, in my opinion, be politic to permit additions to be made to the House of Nobles for a term of years as well as for life. These changes are earnestly recommended and urged upon your favorable consideration.

I further recommend that the House of Representatives be limited, as to its members, to a number not exceeding twenty; and that a suitable property qualification for eligibility be established. The compensation of such members ought also to be definitely fixed for the entire period of their service, so as to avoid all inducements to protracted sessions beyond the requirement of the public good.

Relying on your wisdom and patriotic disposition, I place these suggestions before you, in the full confidence that they cannot fail to meet your sanction. I entertain no doubt that if the Constitution should be amended in conformity thereto, a beneficial reform of the Legislative Department would be effected, and the general advantage of my Kingdom thereby greatly promoted.

KAMEHAMEHA.

MAY 4, 1859.

_His Majesty's Speech Proroguing the Legislature of 1859._

NOBLES AND REPRESENTATIVES:--I congratulate you upon having concluded the labors of a Session protracted beyond my expectation, and, I imagine, that of the country at large. I trust that after all the attention which has been expended on the revised Civil Code, the result will prove a compilation sound in its principles and convenient in its arrangement. If it have no other effect than to encourage a decrease of litigation, by exposing in its proper place the law applicable to every civil regulation which legislation makes the frame-work of our national system, your time, and the expenses of the session, will not have been consumed in vain.

I have heard with satisfaction that the amendments of the Constitution which I suggested and laid open to your consideration, have been acted upon, and I do not doubt that the next session will see them confirmed and made effective. I think they will initiate a more wholesome system of legislation, prevent unnecessary delays and expenses, and place the Executive Government in a position better calculated for giving explanations and receiving instructions from that House which originates every fiscal measure.

I thank you, Representatives, for the provision you have made for myself and those nearest to me; and, while alluding to the Bill of Appropriations, I cheerfully notice the fact, that in making distribution of the revenue, you have, for the first time, proposed for the country a system of expenditure strictly proportioned to the estimated receipts.

I confess that the act of your two Houses which I regard with most complacency, is that in which you commit the public Treasury to the aid of Hospitals. You, Representatives, amongst whose constituents are those very persons for whom these places of refuge are principally designed, have expressed a kind and grateful feeling for the personal share which I and the Queen have taken in the labor of securing the necessary means for the establishment of a Hospital in Honolulu. Whilst acknowledging your courtesy, I wish to take this first public occasion to express the almost unspeakable satisfaction with which I have found my efforts successful beyond my hopes. It is due to the subscribers as a body, that I should bear witness to the readiness, not less than the liberality, with which they have met my advances. When you return to your several places, let the fact be made known, that in Honolulu the sick man has a friend in everybody. Nor do I believe that He who made us all, and to whose keeping I commend in now dismissing you, has seen with indifference how the claims of a common humanity have drawn together, in the subscription list, names representative of almost every race of men under the sun.

MAY 20, 1859.

_Replies by His Majesty to the Felicitations of the Commissioners of France and of the United States, and to the Captain of the Honolulu Rifle Corps, on behalf of its Members, on the first Anniversary of the Birth of H. R. H. the Prince of Hawaii._

GENTLEMEN:--I receive with unfeigned satisfaction the congratulations which you offer on this the first anniversary of the birth of the Heir to the Throne. As the Representatives of nations so pre-eminently called upon, by virtue of their physical and intellectual resources, to watch and foster the progress of the human race at large, I rejoice in those aspirations with which you have connected the future career of my infant son. To you, gentlemen, and to the Governments of which you are the honored organs, the best thanks of the Father and Mother of the Prince of Hawaii are cordially tendered.

GENTLEMEN OF THE HONOLULU RIFLES:--For the loyal and generous expressions your Captain has offered in your behalf I thank you in the name of the Prince of Hawaii, who doubtless will one day hear in what manner your good wishes were made known on this occasion. For in families it is not uncommon for certain incidents and expressions to become traditional, and I know that neither I nor the Queen can ever cease to cherish the remembrance of the many tokens of good will and sympathy this day manifested, or fail to tell our Son in time to come how the anniversary of his first birth-day was welcomed by the "Honolulu Rifles."

OCTOBER 3D, 1859.

_Speech of His Majesty at the Extraordinary Session of the House of Nobles held at the Palace October 3d, 1859._

GENTLEMEN OF THE HOUSE OF NOBLES:--I have thought proper to convene you in special session in order to consult on a matter, which in my judgment relates to the highest welfare of the nation. In contemplation of a vacancy in the chief executive office, at all times liable to occur, it is important that the succession to the crown should be definitely established in a constitutional manner. To this subject I invite your attention, in the full confidence that the recommendation I am about to make will receive at your hands a hearty concurrence.

The Constitution points out the mode of procedure to be adopted, and I avail myself of the authority thus vested in me to designate my infant son, the Prince of Hawaii, as my heir and successor to the Throne. Your assent and co-operation in the measure are required, but I do not doubt your ready and loyal support, not only on grounds relating to the stability of the existing dynasty, but from motives intimately connected with the public good.

PROCLAMATION.

KAMEHAMEHA IV., of the Hawaiian Islands, King, to all Our loving subjects, and others to whom these Presents shall come, Greeting:--

Be it known that We, in concurrence with Our House of Nobles, hereby appoint and proclaim Our Son, His Royal Highness the Prince of Hawaii, to be Our Successor and Heir to the Hawaiian Throne.

Done at Our Palace, at Honolulu, this third day of October, in the year of Our Lord 1859, and the fifth year of Our Reign.

(Signed,) KAMEHAMEHA.

(Signed) KAAHUMANU.

By the King and Kuhina Nui. (Signed,) L. KAMEHAMEHA.

MAY 23D, 1860.

_The King's Speech to the Legislature of 1860._

NOBLES AND REPRESENTATIVES:--In accordance with the Constitution, I have called you together in Legislative assembly.

It is with pleasure that I make known to you that my relations with Foreign Powers are in an amicable and satisfactory position, and to the Report of my Minister of Foreign Affairs I direct your attention for information in relation to the Department under his care.

The Chief Justice in his Report has given a general view of the administration of the department of law. There are some portions of the report to which I desire to call your special attention. By reference to the comparative view of convictions contained therein, you will observe that two classes of offences against the laws constitute nearly two-thirds of the whole number of convictions. The inevitable effect of these offences is to demoralize and destroy the people, and I would designate as well worthy of your careful consideration and adoption, the recommendations of the Chief Justice in relation to such amendments or alterations of the existing laws as will tend to eradicate or diminish these evils.

The Report of the Minister of the Interior will furnish you with full information in relation to the affairs of his department for the last two years. The financial prospects of the country, as exhibited in the Report of the Minister of Finance, are satisfactory, and I would particularly direct to your favorable consideration his suggestion that provision be made for paying off outstanding liabilities as they become due. I would also call to your attention for careful consideration, his suggestions in relation to the assessments and collection of taxes, and in relation to the transit duties; also to the proposed alteration in the mode of remunerating District Justices.

The all-important subject of Education now occupies the public mind with more than usual interest, and I particularly recommend to your favorable notice the suggestions of the President of the Board of Education, with reference to substituting English for Hawaiian schools, in so far as may be practicable, and also in relation to the granting of Government aid towards independent schools for the education and moral training of females.

Through the laudable efforts of a number of private individuals--whom I take this first public opportunity of thanking--several establishments of this latter description have been instituted during the past year; and although thus far little more than a commencement in the good work has been made, their progress has been satisfactory. I dwell on this subject, Nobles and Representatives, because our very existence as a people depends on the youthful training of the future mothers of our land, and that must not be jeopardized through lack of effort on our part.

To your careful consideration I recommend the proposed amendments to the Constitution, as passed by the last Legislature.

The "Queen's Hospital," at Honolulu, instituted for the relief of the sick and indigent, has now been in operation for nine months, and to this praiseworthy institution I direct your attention, that suitable provision in aid thereof may be made in the biennial estimates, with a view also that branch Dispensaries may be established at other places in the Kingdom.

In conclusion, Nobles and Representatives, I trust that in your deliberations on the necessary business that may come before you, that you will combine care with dispatch, and I will join with you in supplicating the Ruler of all nations for that wisdom which will best direct your efforts.

MAY 30, 1860.

_His Majesty's Reply to Rev. W. P. Alexander, on behalf of the "Hawaiian Evangelical Association."_

I assure you, gentlemen, that no expression of good will towards myself or my people is necessary on your part; that is well known. Nor need I say that the same confidence and friendly regard which was ever cherished towards you by my predecessors is entertained by myself. The feeling with me is not only personal but hereditary.

In regard to those portions of my speech to the Legislature to which you are pleased to refer, I shall certainly rely upon the co-operation of the clergy in carrying into effect any measures that may be adopted for the suppression of those great evils referred to, and I am confident that I shall have it not only in this but in every other good work.

Gentlemen and ladies, I am always happy to see you, while on these yearly visits to the metropolis.

AUGUST 14, 1860.

_His Majesty's Special Message to the House of Nobles and Representatives, delivered by the Royal Commissioners._

KAMEHAMEHA IV., by the Grace of God King of the Hawaiian Islands:

_To His Excellency_ M. KEKUANAOA, _Our Governor of Oahu, and the Honorable_ ELISHA H. ALLEN, Our Chancellor:

GREETING:--We hereby commission you in Our place and stead, to deliver to the Nobles and Representatives, Our Message, touching certain alterations proposed to be made in the Constitution of Our Kingdom: And for so doing this shall be your sufficient warrant. Given at Our Palace in Honolulu, this Fourteenth day of August, in the year of our Lord 1860, and in the sixth year of Our reign. KAMEHAMEHA.

KAAHUMANU.

At the request of the President, Mr. R. Armstrong read the Royal Message in Hawaiian, after which the Chancellor read the same in English. The following is the English version:

NOBLES AND REPRESENTATIVES:--I called the attention of the last Legislature to the amendments of the Constitution. Experience of the practical operation of that instrument has impressed me with their importance, and in this view that body coincided. But from some omission the publication was not made in conformity to the provision of the Constitution, and hence you have very properly expressed your constitutional inability to pass finally upon the amendments as adopted by them.

Therefore, it has become my duty to call your attention to some of those amendments, as well as others, which a more mature reflection has suggested.

I regard favorably the eligibility of the Ministers to the House of Representatives. The experience of monarchical governments has illustrated the importance of their services to the popular branch. It is a power of selection which may be wisely entrusted to the people to exercise. A property qualification of a limited amount will tend to make the selection from the more substantial men of the Kingdom, and the payment by a salary for their services, I regard as more just than a per diem allowance as now provided. A limited number of appointments to the House of Nobles for a term of years may afford that body valuable aid.

When the Constitution was adopted, its provisions in reference to a successor to the throne, were made with especial reference to my Predecessor, who had no lineal heirs. Additional provisions now seem to be necessary as a protection to the Heir Apparent to the Throne, and so secure beyond reasonable contingencies the stable administration of the sovereignty.

I regard a regency by the Queen, in cases of temporary vacancy of the Throne, or during a minority of the Heir Apparent, as the best means to secure a wise and safe exercise of regal authority, with proper regard to the rights of all persons. It would be a safe depository of power, for no one can feel a more sincere interest for the honor and prosperity of the Kingdom than the Queen Consort, and the mother of the Heir Apparent. Amendments which will secure these objects, you will regard as the part of wisdom to adopt.

There are some minor amendments which will be submitted, to which I do not regard it as essential more particularly to advert. Of their wisdom and propriety I am fully impressed.

Relying upon your wisdom and your devotion to the integrity and prosperity of my Kingdom, I have the most entire confidence that the amendments proposed will receive your most careful consideration.

AUGUST 28, 1860.

_His Majesty's Speech at the Prorogation of the Legislature of 1860._

NOBLES AND REPRESENTATIVES:--In meeting you to-day at the close of your session, I have first to ask you to join with me in returning thanks to the Ruler of all nations for His beneficent providence in restoring to health one of your number from that dangerous illness with which he has been afflicted, whose loss would have been a grievous calamity to the welfare of my Kingdom.[B]

I beg to congratulate you on the termination of your labors, and trust that the new enactments passed by your joint wisdom may prove to be for the advantage and welfare of my people.

I have to thank you, Gentlemen of the House of Representatives, for the provisions you have made for the expenses of the State during the current biennial period.

While I regret with you, Nobles and Representatives, that, owing to the near approach to the termination of this session, you have been unable to take final action on the Amendments to the Constitution submitted to you with my late Message, I fully concur in the wisdom of your course--as made known to me by your Joint Committee--in deferring that important subject for that more mature consideration it requires.

Nobles and Representatives, in conformity with the Constitution, I now and hereby do declare this session of the Legislature to be prorogued.

[Footnote B: The King here refers to H. R. H. Prince Kamehameha, who had been dangerously ill.]

NOVEMBER 28, 1860.

_Replies of His Majesty to the Addresses of the Diplomatic and Consular Corps, on the occasion of the Anniversary of the Joint Declaration by Great Britain and France of the 28th of November, 1843, Recognizing this Kingdom as an Independent State._

His Majesty, in reply to Mr. Perrin, H. I. M.'s Commissioner, expressed himself deeply gratified with the repeated kind offices of the two Governments, whose congratulations had been so happily tendered by His Excellency, and his confidence in the continuation of the same friendly relations.

And to Mr. Green, who had addressed His Majesty on behalf of himself as H. B. M. Acting Commissioner and Consul General, and of the Consular Corps, His Majesty replied:

For the congratulations you have just offered in so genuine a form, that any doubt as to their sincerity would be impossible, I offer you my kind thanks. The Consular corps has always sympathized with me and my people in everything that regards the real and physical prosperity of these islands. Indeed it could not be otherwise, for commerce makes our interests identical. It is with great pleasure that I see on this occasion the officers of a ship of war of that nation which concurred in the initiation of the declaration of the independence of these islands, the anniversary of which gracious act we this day celebrate.

FEBRUARY 9, 1861.

_His Majesty's Replies To the Addresses of the Diplomatic Corps, and to the Consuls of Foreign Nations, Congratulating Him on the Anniversary of His 27th Birth-day._

His Majesty replied to M. Perrin and the members of the Diplomatic Corps in the following gracious terms: