🧚 The First Constitution · page 2

In the act of the Legislature and House of Nobles signed by the king November 9, 1840, three forms of taxation are specified—the poll tax, the land tax, and the labour tax.61

The poll tax could be paid in arrowroot, cotton, sugar or anything which had a specific money value.62 The most important exemption looked toward the preservation of large families.63 “If any parents have five, six, or more children, whom they support ... then these parents shall by no means be required to pay any poll, land or labour tax until their children are old enough to work, which is at fourteen years of age.”64

The land tax was to be paid in swine.65

If lands were forfeited they were to go back into the hands of the king, “and he shall give them out again at his discretion, or lease them, or put them into the hands of those who have no lands, as he shall think best.”66

The labour tax would be considered an exceedingly heavy burden by the public of the present time and yet that labour law was very much less oppressive than the semi-civilisation which preceded it.67 The native who sighs for the return of the days of the olden time would speedily try to get back out of the fire into what he considers a frying pan.68 Twelve days’ public labour out of every month would be considered exceedingly oppressive if exacted by the government of to-day.69 Yet thus reads a part of the enactment of 1840:70

“When public labour is to be done of such a nature as to be a common benefit to king and people, and therefore, twelve days in a month are devoted to labour; then all persons, whether connected with the land or not, and also all servants shall go to the work or pay a fine of half a dollar a day.”71

Fines were exacted from the late and lazy.72 The man coming after 7 o’clock in the morning was fined an eighth of a dollar, and after dinner a fourth of a dollar.73 While the man who was lazy and idle one day was fined two days’ extra labour.74 There were, of course, exemptions for infirmity, large families and other good reasons.75

There was enacted a special law for the lazy and worthless element of the community.76

The words of the law seem to come from the lips of the king.77 “As for the idler, let the industrious man put him to shame, and sound his name from one end of the country to the other.”78 The chiefs were exhorted “to disperse those lazy persons who live in hordes around you, through whom heavy burdens are imposed upon your labouring tenants.”79 “Treat with kindness those who devote their strength to labour, till their tattered garments are blown about their necks, while those who live with you in indolence wear the clean apparel for which the industrious poor have laboured.”80

It is well known that laws are applied sermons, but these laws are sometimes primarily sermons, as the introduction to Act III well says: “A portion of this law is simply instruction and a portion is direct law.81 That part which simply disapproves of certain evils is instruction.82 If a penalty is affixed that is absolute law.”83 Hence the following exhortations are made to the chiefs: “That the land agents and that lazy class of persons who live about us should be enriched to the impoverishment of the lower classes, who with patience toil under their burdens, is not in accordance with the designs of this law.84 This law condemns the old system of the king, chiefs, land agents and tax officers.85 That merciless treatment of common people must end.”86

It is worthy of notice that the fourth act of these early laws practically recognised the New England system of “local” or “town” government.87 The words are peculiar, “If the people of any village, township, district, or state consider themselves afflicted by any particular evils in consequence of there being no law which is applicable ... then they may devise a law which will remedy their difficulties.88 If they shall agree to any rule, then that rule shall become a law for that place, but for no other.”89 This was to apply especially to any community’s desire concerning fences, animals at large, and roads.90 “Though no such law can be at variance with the general spirit of the laws of the nation nor can there be any oppressive law nor one of evil tendency.”91

In 1842 an act was signed by the king and the premier, in which the evident intent is a lesson for the common people—a lesson to be enforced by contrasts.92 “The people are wailing on account of their present burdens.93 Formerly they were not called burdens.94 Never did the people complain of burdens until of late.95 This complaint of the people, however, would have a much better grace if they with energy improved their time on their own free days; but lo! this is not the case.96 They spend their days in idleness, and therefore their lands are grown over with weeds and there is little food growing.97 The chiefs, of their own unsolicited kindness, removed the grievous burdens.98 The people did not first call for a removal of them.99 The chiefs removed them of their own accord.100 Therefore the saying of some of the people that they are oppressed is not correct.101 They are not oppressed, but they are idle.”102

For that reason a new law was enacted stating that it “shall be the duty of the tax officer whenever he sees a man sitting idle or doing nothing on the free days of the people (i.e., the days, when they were not required to work for the king or chiefs) to take that man and set him at work for the government, and he shall work till night.”103

Accompanying this act compelling idlers to toil there was a clear statement of the strong contrast between the burdens of the time immediately preceding and those after the passage of the new laws.104 These changes are worth noting because of their historical bearing upon the past and present condition of the native Hawaiians.105

“Formerly if the king wished the property of any man he took it without reward, seized it by force or took a portion only, as he chose, and no man could refuse him.106 The same was true of every chief and even the landlords treated their tenants thus.”107 This was so changed that if a chief should attempt it “he would instantly cease to be a chief on this archipelago.”108

“Formerly the chief could call the people from one end of the islands to the other to perform labour.”109 “If the king wished the people to work for him they could not refuse.110 They must work from month to month.111 So also at the call of every chief and every landlord.”112

“Formerly if the people did not go to the work of the king when required, the punishment was that their houses were set on fire and consumed.”113 The fact must be recognised that before the adoption of this Constitution under the influence of the American missionaries the common people never owned any land or had any especial rights.114

The power of the king and chiefs up to the time of their freely giving this constitution and new set of laws was practically unlimited.115 The fact that they voluntarily limited themselves for the benefit of the people must be noted to the credit of an awakened conscience under missionary guidance.116

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