The First Constitution of 1840
In the early years of the unified Kingdom of Hawai’i, tradition and custom
regulated behavior, as well as the ancient practice of kapu, or prohibitions
declared and imposed by the king and the high chiefs.
In 1839 Kamehameha III signed the Declaration of Rights which provided his
subjects with the right to "...life, limb, liberty, freedom from oppression; the
earnings of his hands and the productions of his mind, not however to those who
act in violation of the laws." The Declaration of Rights also recognized three
classes of persons with vested rights in the lands: the king or government, the
chiefs and the native tenants.
In 1840 Kamehameha III enacted the first constitution displayed below in both
Hawaiian and English. The Constitution of 1840 changed the government from
one of an absolute monarchy to a constitutional monarchy. It provided for a
separation of powers between three branches of government, with executive
power in the hands of the king, the kuhina nui (similar to a prime minister) and
four governors; a bicameral legislative body consisting of a house of nobles and
a house of representatives, with the house of representatives elected by the
people; and a judiciary system, including a supreme court.
In 1852 Kamehameha III enacted a second constitution. Among the changes in
the Constitution of 1852 from the 1840 version was a reduction in the powers of
the monarchy.
A link to the first constitution is provided below.
http://www.alohaquest.com/archive/constitution_1840.htm
The Bayonet Constitution of 1887
With firearms in hand, in 1887 members of the Hawaiian League presented King
Kalakaua with a new constitution. Kalakaua signed the constitution under threat
of use of force. As a result, the new constitution earned the moniker, The
Bayonet Constitution. The Bayonet Constitution is displayed below in Hawaiian
and in English.
The Bayonet Constitution greatly curtailed the monarch's power, making him a
mere figurehead: it placed executive power in the hands of a cabinet whose
members could no longer be dismissed by the monarch but only by the
legislature; it provided for election of the House of Nobles, formerly appointed by
the monarch. As to voting rights, it extended the vote to non-citizen, foreign
residents of European and American background (Asians were excluded),
thereby ending Native Hawaiian majority rule in the legislature. And it required
that voters and candidates for the legislature meet high property ownership or
income requirements. This requirement excluded two-thirds of the formerly
eligible Native Hawaiians from voting. For those who could still vote, they first
had to swear allegiance to the Bayonet Constitution.
Native Hawaiian citizens opposed the Bayonet Constitution and petitioned King
Kalakaua to revoke it.
A link to the Bayonet Constitution is provided below.
http://www.alohaquest.com/archive/constitution_1887.htm
The Proposed Constitution of 1893
In 1891, Queen Lili’uokalani ascended the throne following her brother King Kalakaua’s death in San Francisco.
Thousands petitioned the Queen to amend the Bayonet Constitution. The Queen drafted a new constitution seeking to
restore the monarchy’s power, reduce voting requirements and restrict voting to the citizens of the Kingdom of Hawai’i.
The Proposed Constitution of 1893 is displayed below.
Now the sugar planters and business interests faced two dilemmas. First, under the proposed constitution they faced
possible loss of control of the Kingdom’s government, as well as loss of voting rights for non-citizen, foreign residents.
Second, they faced the crippling effect of the 1891 McKinley Act, which removed foreign tariffs in the American sugar
trade and thereby eliminated the favored status of Hawaiian sugar under the Reciprocity Treaty.
For the planters and business interests, if the Kingdom’s government was overthrown and the monarchy abolished, then
they could seek annexation by United States. Once annexed, Hawai’i sugar planters would enjoy the same status and
benefits as domestic American sugar planters.
A link to the proposed constitution is provided below.
http://www.alohaquest.com/archive/constitution_1893.htm
The Apology Resolution, 1993
On November 23, 1993, both houses of the United States Congress adopted the
Apology Resolution, whereby the United States apologized for its role in the
overthrow of the Kingdom of Hawai’i in 1893. (S. Joint Res. No. 19, Pub.L. No.
103-150, 107 Stat. 1510 (1993)). On the same day, President Clinton signed the
Resolution.
The Apology Resolution recognized that the indigenous Hawaiian people never
directly relinquished their claims to their inherent sovereignty as a people or over
their national lands to the United States, either through their monarchy or through
a plebiscite or referendum.
A link to the Apology Resolution is provided below.
http://www.hawaii-nation.org/publawall.html