--- title: The First Constitution — Hawaiian Historical Legends · full text with trees description: The First Constitution, «Hawaiian Historical Legends» by W. D. Westervelt: the whole chapter, every sentence with its dependency tree and pragmatics. It begins: Many subtle influences were at work in the evolution of Hawaiian civilisation. --- [Mova](https://md.mova.elamur.ai/free/en/) · [this page in HTML](https://mova.elamur.ai/free/en/corpora/tales/pg66357/21/) [home](https://md.mova.elamur.ai/free/en/) / [corpora](https://md.mova.elamur.ai/free/en/corpora/) / [tales](https://md.mova.elamur.ai/free/en/corpora/tales/) / [Hawaiian Historical Legends](https://md.mova.elamur.ai/free/en/corpora/tales/pg66357/) / The First Constitution # The First Constitution The First Constitution of «Hawaiian Historical Legends» by W. D. Westervelt: the whole text, 117 sentences and 2595 words. The small number after every sentence leads to its own page with its syntax tree and pragmatics, parsed by Mova itself. **1** [2](https://md.mova.elamur.ai/free/en/corpora/tales/pg66357/21/page/2/) Many subtle influences were at work in the evolution of Hawaiian civilisation.[1](1/ "tree and pragmatics") Between the years 1835–1840 there was a culmination of several forces, each one important in itself and all uniting to bring about the exceedingly interesting series of events which marked the Hawaiian history of that time.[2](2/ "tree and pragmatics") Missionary instruction commenced in 1820.[3](3/ "tree and pragmatics") The work of translating the Bible into the Hawaiian language was completed and the book published in 1839.[4](4/ "tree and pragmatics") For several years the thoughts of the Bible had been studied and preached with great clearness and power as the result of the labour of translating and criticising the different books.[5](5/ "tree and pragmatics") Then came one of the most remarkable religious revivals in history.[6](6/ "tree and pragmatics") These years of religious instruction, with their resultant awakening of conscience and yearning for a better life, could not escape a close connection with the contemporaneous demands of civilisation.[7](7/ "tree and pragmatics") The double development could not be separated.[8](8/ "tree and pragmatics") During these same years there came a new relation to the larger nations of the world.[9](9/ "tree and pragmatics") International complications succeeded each other with great rapidity.[10](10/ "tree and pragmatics") A controversy with Roman Catholic priests, much as it was deprecated by the missionaries, was nevertheless a very useful factor in making the king and chiefs realise that they must be better prepared to deal with foreign interference.[11](11/ "tree and pragmatics") There was plain necessity for a knowledge of law and government.[12](12/ "tree and pragmatics") Schools and churches and the first newspapers published in the Pacific Ocean were all enforcing the demand for better government.[13](13/ "tree and pragmatics") In 1833 King Ka-meha-meha III was thinking seriously of holding unbridled sway over his people.[14](14/ "tree and pragmatics") Alexander says that he “announced to his chiefs his intention to take into his possession the land for which his father had toiled, the power of life and death, and the undivided sovereignty.”[15](15/ "tree and pragmatics") His purpose was to have no government distinct from the will of the king.[16](16/ "tree and pragmatics") The earthquake changes in civil conditions occurring at that time throughout the islands speedily made the king and the chiefs conscious of their ignorance of methods of government, and in 1836 they applied to the United States “for a legal adviser and instructor in the science of government.”[17](17/ "tree and pragmatics") This was a request difficult to grant speedily.[18](18/ "tree and pragmatics") In 1838 the right man for the place was selected from among the American missionaries in the islands.[19](19/ "tree and pragmatics") His name was William Richards.[20](20/ "tree and pragmatics") Under his instruction an outline of forms of civil government was rapidly given to the leading men of the kingdom.[21](21/ "tree and pragmatics") Ka-meha-meha III determined to put the lessons into practice, and in 1839 issued what he called “A Declaration of Rights—Both of the People and the Chiefs,” and in October, 1840, promulgated the first Constitution of the Hawaiian Islands, quickly following these documents with a code of laws agreed to unanimously by the council of chiefs and signed by both the king and his premier.[22](22/ "tree and pragmatics") These laws and the Constitution and Declaration of Rights were first published in English in 1842.[23](23/ "tree and pragmatics") The Declaration and Constitution owe much of their remarkably clear and broad conceptions of the relation of ruler and subject to Mr. Richards.[24](24/ "tree and pragmatics") Nevertheless, it is a somewhat remarkable fact that men of such limited civilisation as the king and chiefs should have been willing to voluntarily give up so large a use of power as is marked in the adoption of such a radically new form of government as arose in 1839–1840.[25](25/ "tree and pragmatics") It was a revolution of ideas and purposes and customs remarkable in its extent and thoroughness.[26](26/ "tree and pragmatics") Laws had been made by kings and chiefs as far back as the year 1823.[27](27/ "tree and pragmatics") Many difficulties had been decided according to the tabu, or practices of the chiefs, or according to the general principles of common law.[28](28/ "tree and pragmatics") The established customs of civilised nations had considerable force in disputes between natives and foreigners.[29](29/ "tree and pragmatics") But at last the rulers of the land began to put their government into permanent shape.[30](30/ "tree and pragmatics") Mr. Richards had much to do in the preparation of the new system of rule.[31](31/ "tree and pragmatics") The foreign consuls assisted and even wrote some of the earlier laws.[32](32/ "tree and pragmatics") Commanders of warships made suggestions.[33](33/ "tree and pragmatics") Missionaries were consulted.[34](34/ "tree and pragmatics") David Malo, John and Daniel Ii and other pupils of the early missionaries wrote some of the original laws.[35](35/ "tree and pragmatics") The king and the high chiefs ratified these laws, explained them to the people and put them in force.[36](36/ "tree and pragmatics") This is in brief the situation immediately preceding and accompanying the peaceable and yet irreclaimable establishment of constitutional rights and privileges in Hawaii.[37](37/ "tree and pragmatics") Three steps are to be noticed in the growth of the recognition of the rights of the common people.[38](38/ "tree and pragmatics") The Declaration of Rights, the Constitution, and the Enactment of Laws by an elected legislature.[39](39/ "tree and pragmatics") Once taken, no royal will could ever retrace these steps.[40](40/ "tree and pragmatics") The king and his chiefs made a gulf between their past and their future history and could not bridge it or re-cross it.[41](41/ "tree and pragmatics") The Hawaiian Magna Charta, like that of King John Lackland, was irrevocable, because, like the great charter of England, it was a step in the evolution of human liberty.[42](42/ "tree and pragmatics") It is interesting to note the similarity of thought and language when the leading principle of the Magna Charta is placed beside the supreme gift of the king granted in the Hawaiian Declaration of Rights.[43](43/ "tree and pragmatics") What has been called “The essence and glory of Magna Charta” reads as follows: “No freeman shall be taken, or imprisoned, or dis-seized, or outlawed, or banished, or anyways injured, nor will we pass upon him, nor send upon him, unless by the legal judgment of his peers or by the law of the land.”[44](44/ "tree and pragmatics") The Hawaiian Declaration of Rights, issued June 7, 1839, stated first the principle upon which the American Declaration of Independence was founded, viz.:[45](45/ "tree and pragmatics") “That God has bestowed certain rights alike on all men, and all chiefs, and on all people of all lands.”[46](46/ "tree and pragmatics") Then the further fundamental principle was outlined that:[47](47/ "tree and pragmatics") “In making laws for the nations, it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for their subjects.”[48](48/ "tree and pragmatics") Then came the necessary conclusion, which is very similar to the crux of Magna Charta:[49](49/ "tree and pragmatics") “Protection is hereby secured to the persons of all the people, together with their lands, their building lots, and all their property while they conform to the laws of the kingdom, and nothing whatever shall be taken from any individual, except by express provision of the laws.”[50](50/ "tree and pragmatics") In order to carry out this Declaration of Rights Ka-meha-meha III and his high chiefs were led irresistibly to the promulgation of a Constitution which should differentiate the functions of the different branches of government and provide for a proper presentation of the needs of the people.[51](51/ "tree and pragmatics") As surely as the sunlight follows the morning star so certainly came the provision for a House of Nobles representing the chiefs and a House of Representatives representing the people.[52](52/ "tree and pragmatics") The Constitution was promulgated October 8, 1840.[53](53/ "tree and pragmatics") After reiterating the Declaration of Rights the king defines the legislative, executive and judicial branches of government and establishes the legislature and bestows upon it the power of enacting laws.[54](54/ "tree and pragmatics") Previously he had enacted law with the advice of his council of high chiefs.[55](55/ "tree and pragmatics") The laws which were passed after this Constitution was promulgated are both curious and instructive.[56](56/ "tree and pragmatics") There is a very large concession on the part of the king and the high chiefs who constituted his advisers, and a correspondingly large increase of privileges on the part of the common people.[57](57/ "tree and pragmatics") This is especially noticeable in the enactment of laws concerning taxation.[58](58/ "tree and pragmatics") Before the days of the Constitution and legislature the king held all power in his own hands, although the Aha-alii, or Council of Chiefs, was a factor with which he continually reckoned.[59](59/ "tree and pragmatics") The common people were not taken very much into account before the influence of Christianity was felt by both king and chiefs.[60](60/ "tree and pragmatics") **1** 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