146 IMPORTANCE OF A LETTER XI. EDICT OF THE KING IN ANSWER TO A MEMORIAL OF THE BRITISH RESIDENTS. U. S. Ship Vincennes, Port of Honolulu, THE degree of civilization to which the chiefs and many of the islanders have attained, and the increasing importance of this group as a place of commerce, --as a maratime depot, and a resort for repairs and refreshment by whaling ships and other vessels traversing the Pacific, seem to render it both important and desirable, that a monthly or other periodical newspaper in the Hawaiian and English languages should be published at this port. It has been necessary, on several occasions, for two or three years past, to resort to printed handbills as a substitute for something of this character; and the demand for these by the king and chiefs is such, and the material for a useful publication so abundant, that were it possible for any of the missionaries, at present, to find time for the superintendence of a it, the world would speedily be furnished with a "HAWAIIAN HERALD AND SANDWICH ISLAND REGISTER." Captain Finch and several of the officers in the Vincennes have joined me in strong recommendations for such a paper. NEWSPAPAER AT THE ISLANDS. 147 A first order of the king and regent, after the audience on the 14th, was for printing, in handbills, the address of Captain Finch and the letter of the President, to be circulated among the nobles of the land, and the more intelligent of the people. This has been done; and several copies politely sent, by the king, to Captain Finch and his officers. It had been preceded only a few days, by a document published, in like manner, by royal authority. This was an edict, addressed by the government to the foreign residents; and being the first official proclamation ever made by the chiefs to this class of dwellers in the land, is worthy of preservation. Every syllable of it is of unaided and unadvised, native composition; and requires some preliminary explanations to make its meaning and force perfectly intelligible. Foreign residents of every grade, with few exceptions, have ever denied the right of judicature over them, to the government of the Islands; and have tenaciously held the new political doctrine, that the laws of the country in which they dwell, are for their protection, and not their obedience. And not only this, but I believe I am warranted by facts in saying, that in general, they have been decidedly opposed to the establishment of all defined public laws, even for the government of the native subjects themselves, under a pretense that if laws were formed, they would be made by the missionaries; but in reality, I fear, because they wished the whole nation to remain lawless, upon all points not affecting the interests of their own property or persons. 148 NECESSITY OF NEW LAWS. The abolition of idolatry, and adoption of the Christian religion, the consequent change in the whole condition of the people, the introduction of new customs and formation of new habits, the dissemination of letters and truth, and the establishment of the press, have rendered new and wholesome laws not only desirable, but absolutely necessary. The most intelligent and influential of recent visitors at the islands have seen this necessity, and have urged upon the government the importance of enacting and enforcing laws conformable to the light and knowledge they now possess. So early as the summer of 1825, Lord Byron, during his visit in H. B. M. ship Blonde, at a general council of the chiefs, convened principally for the purpose of acknowledging the right of the present king to the throne, and of appointing a regency during the minority, took occasion to submit to them a brief schedule of civil polity adapted to their new state, and a set of maritime regulations in reference to foreign shipping frequenting the port. The last were put into immediate operation, to the abrogation of others, more unequal and exorbitant, previously existing. The suggestions of this nobleman, however, referred rather to the form of government, and the respective and relative rights of the king, chiefs, and people, and to the tenure of lands, &c., than to a criminal or municipal code; and towards the close of the same year, an attempt was made, by the regents and their associates, to lay a foundation for laws affecting these points. This was by a public discus LEGISLATIVE ENACTMENTS. 149 sion of the precepts of the Decalogue—as presenting the highest principles of moral and social actionat a council then convened; with the design of publishing the ten commandments without any penal obligations to their obedience, preparatory to the promulgation of specific laws founded upon them. Some of the missionaries had been invited by the regents, Karaimoku and Kaahumanu, to be present; on information of which among the residents, a party of leading individuals from their number, violently and riotously interrupted the council, with such menaces and threats against the members of the mission, even to the taking of life, that the chiefs were utterly intimidated; and for the time, relinquished their purpose. Two years afterwards, however, in December 1827-notwithstanding that the opposition of foreigners in general to the establishment of all legislative restraint on vice had continued to increase, rather than to diminish-the king and chiefs in a general council, determined on the promulgation of laws against murder, theft, and adultery: the first to be punishable with death, and the other two with imprisonment in irons. The proclamation of these, with their respective penalties, was first made by the king in personsupported by the Regent Kaahumanu, by Governor Boki, and all the high chiefs-in a grove of cocoanut trees near the sea shore, to an immense throng of the people, and many foreigners. They were immediately reduced to printing, by the authority of the government, and extensively circulated in handVOL. II. 14 150 ANCIENT USAGE IN RESPECT bills. Shortly after, an addition was made to the code, of others against gambling, drunkenness, prostitution, a profanation of the sabbath, by improper amusements or labor, and against cohabitation, where the persons did not regard themselves as husband and wife. These historical data will enable you fully to understand the first part of the edict. A detail of a different character is necessary to throw light on the second and third sections. It is an ancient and established custom of the country, that any animal breaking through the fence or inclosure of a plantation, and injuring the crop contained in it, becomes forfeit to the possessor of the premises. In most cases, however, a restoration to the original owner takes place, either with, or without a small compensation for the injury sustained. A British resident, whose dwelling and gardens are in the immediate vicinity of a crowded population, chose, as appears on the face of the edict, without having given to the natives around any notice of his intention, to shoot every animal of his neighbors, whether fowl, pig, or goat, making its way into his grounds. This arbitrary proceeding, so different from the general usage among themselves, offended and exasperated the islanders; and, on this point, the gentleman became obnoxious to their ill will and resentment. The large plain skirting the coast eastward of Honolulu, is a common, for the pasturage of all the horses, neat cattle, &c., in the vicinity, belonging |