Difference between revisions of "Template:Nhsc-v1-158"

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After deliberation by the chiefs
 
After deliberation by the chiefs
 
and the king's advisors, a constitution
 
and the king's advisors, a constitution
was signed by the king and kuhina
+
was signed by the king and <u>kuhina
nui in 1840. The Constitution of 1840
+
nui</u> in 1840. The Constitution of 1840
 
put in writing for the first time a
 
put in writing for the first time a
 
plan of the government and a
 
plan of the government and a
Line 9: Line 9:
 
government. In brief, the
 
government. In brief, the
 
constitution provided that:
 
constitution provided that:
The king and the kuhina nui
+
 
together wielded supreme
+
:*The king and the <u>kuhina nui</u> together wielded supreme executive authority.
executive authority.
+
 
Four governors, subject to the
+
:*Four governors, subject to the king and <u>kuhina nui</u>, would have charge of matters of government not assigned to other officials.  
king and kuhina nui, would have
+
 
charge of matters of government
+
:*The lawmaking power was lodged in a legislative body consisting of two branches: a council of chiefs, including the king and <u>kuhina nui</u> (later called house of nobles), and a representative body chosen by the people.
not assigned to other
+
 
officials.
+
:*A supreme court was created to be composed of the king, <u>kuhina nui</u>, and four other judges appointed by the lower branch of the legislature.  
, • The lawmaking power was lodged
+
 
in a legislative body
 
consisting of two branches: a
 
council of chiefs, including
 
the king and kuhina nui (later
 
called house of nobles), and a
 
representative body chosen by
 
the people.
 
A supreme court was created to
 
be composed of the king, kuhina
 
nui, and four other judges
 
appointed by the lower branch
 
of the legislature.
 
 
Three Organic Acts adopted from
 
Three Organic Acts adopted from
 
1345 to 1847 elaborated on the
 
1345 to 1847 elaborated on the
Line 38: Line 26:
 
executive branch. The second defined
 
executive branch. The second defined
 
the functions of the five executive
 
the functions of the five executive
departments, includinq an article that
+
departments, including an article that
 
established a Board of Commissioners
 
established a Board of Commissioners
 
to Quiet Land Titles. The third
 
to Quiet Land Titles. The third
 
organized the judiciary.
 
organized the judiciary.
 +
 
Through these Organic Acts, the
 
Through these Organic Acts, the
 
administrative and judicial systems
 
administrative and judicial systems
Line 51: Line 40:
 
increased, protests were made to the
 
increased, protests were made to the
 
king by native Hawaiians. In 1845, a
 
king by native Hawaiians. In 1845, a
petition was sent to the king fron
+
petition was sent to the king from
 
Lahaina asking him to dismiss all
 
Lahaina asking him to dismiss all
naturalized forei oners he had
+
naturalized foreigners he had
 
appointed as officers of the kingdom.
 
appointed as officers of the kingdom.
61/ The petition was not acted upon.
+
<u>61</u>/ The petition was not acted upon.
 +
 
 
At the same time, the land system
 
At the same time, the land system
 
was undergoing drastic changes from
 
was undergoing drastic changes from
 
the previous system. The Great Mahele
 
the previous system. The Great Mahele
of 1848 divided land in the kir.gd^n
+
of 1848 divided land in the kingdom
into two parts--iand belongiri'.' to th«
+
into two parts--land belonging to the
 
king and land belonging to the
 
king and land belonging to the
konohiki, or chiefs. The next day,
+
<u>konohiki</u>, or chiefs. The next day,
after the last mahele (division) with
+
after the last <u>mahele</u> (division) with
the konohiki, the king divided his
+
the <u>konohiki</u>, the king divided his
 
land again m two parts with the
 
land again m two parts with the
larger part designated as "qovernner.t"
+
larger part designated as "government"
 
land under the control of the
 
land under the control of the
 
legislative council. The smaller part
 
legislative council. The smaller part
 
was known as the "Crown Lands" and
 
was known as the "Crown Lands" and
 
belonged to the king. At about the
 
belonged to the king. At about the
same time, kuleana were awarded in fee
+
same time, <u>kuleana</u> were awarded in fee
simple to native Hawaiian tenants.*
+
simple to native Hawaiian tenants.<u>{{*}}</u>/
By 1851 the Constitution of lb4C
+
 
 +
By 1851 the Constitution of 1840
 
was out of date, given the numerous
 
was out of date, given the numerous
developments in the government syster,
+
developments in the government system
 
since that time. A new constitution
 
since that time. A new constitution
 
was approved by the legislature in
 
was approved by the legislature in
Line 83: Line 74:
 
declared the "Supreme Executive
 
declared the "Supreme Executive
 
Magistrate," although his powers were
 
Magistrate," although his powers were
somewhat limited by the kuhina nui.
+
somewhat limited by the <u>kuhina nui</u>.
 
The privy council continued to play an
 
The privy council continued to play an
 
important role. Ministers were
 
important role. Ministers were
 
appointed by the king, as were
 
appointed by the king, as were
 
governors. Legislative power was
 
governors. Legislative power was
vested in the kina, the house of
+
vested in the king, the house of
 
nobles, and the house of representatives,
 
nobles, and the house of representatives,
 
each with veto powers over
 
each with veto powers over
 
the others.
 
the others.
*/ For a more complete explanat:-
+
 
of the land system changes, see Pai-i
+
<u>{{*}}</u>/ For a more complete explanation
II, "Land Laws and Land Relationships.
+
of the land system changes, see Part
"
+
II, "Land Laws and Land Relationships."
 
{{p|158}}
 
{{p|158}}

Latest revision as of 18:14, 7 April 2006

After deliberation by the chiefs and the king's advisors, a constitution was signed by the king and kuhina nui in 1840. The Constitution of 1840 put in writing for the first time a plan of the government and a description of the powers and duties of various officials within the government. In brief, the constitution provided that:

  • The king and the kuhina nui together wielded supreme executive authority.
  • Four governors, subject to the king and kuhina nui, would have charge of matters of government not assigned to other officials.
  • The lawmaking power was lodged in a legislative body consisting of two branches: a council of chiefs, including the king and kuhina nui (later called house of nobles), and a representative body chosen by the people.
  • A supreme court was created to be composed of the king, kuhina nui, and four other judges appointed by the lower branch of the legislature.

Three Organic Acts adopted from 1345 to 1847 elaborated on the constitution. They set up an administrative and judicial system of the Anglo-American type. The first act defined the organization of the executive branch. The second defined the functions of the five executive departments, including an article that established a Board of Commissioners to Quiet Land Titles. The third organized the judiciary.

Through these Organic Acts, the administrative and judicial systems developed more toward the Anglo-American style advocated by the foreigners holding positions in the government. As the number of these foreigners in the government increased, protests were made to the king by native Hawaiians. In 1845, a petition was sent to the king from Lahaina asking him to dismiss all naturalized foreigners he had appointed as officers of the kingdom. 61/ The petition was not acted upon.

At the same time, the land system was undergoing drastic changes from the previous system. The Great Mahele of 1848 divided land in the kingdom into two parts--land belonging to the king and land belonging to the konohiki, or chiefs. The next day, after the last mahele (division) with the konohiki, the king divided his land again m two parts with the larger part designated as "government" land under the control of the legislative council. The smaller part was known as the "Crown Lands" and belonged to the king. At about the same time, kuleana were awarded in fee simple to native Hawaiian tenants.*/

By 1851 the Constitution of 1840 was out of date, given the numerous developments in the government system since that time. A new constitution was approved by the legislature in 1852. The powers of Government were divided into executive, legislative, and judicial branches. The king was declared the "Supreme Executive Magistrate," although his powers were somewhat limited by the kuhina nui. The privy council continued to play an important role. Ministers were appointed by the king, as were governors. Legislative power was vested in the king, the house of nobles, and the house of representatives, each with veto powers over the others.

*/ For a more complete explanation of the land system changes, see Part II, "Land Laws and Land Relationships."

-p158-