- A G 54 i DcX o /to a >1 I SANDWICH ISLANDS. t t I I >~~~~~~~~~~~~~~~E SANDICH ISANDS c. M E 7~~~~~~~~~~~MC TRAVELS IN THE SANDWICH AND SOCIETY ISLANDS. BY S. S. HILL, ESQ. AUTHOR OF "TRAVELS IN SIBERIA," ETC. " When empire in her childhood first appears, A watchful fate o'ersees her rising years." DRYDEN. LONDON:, CHAPMAN AND HALL, 193 I1856. PICCADILLY. (The right of Translation is reserved.) LONDON: Printed by G. BAkcLAY, Qastle St.Leete8. PREFACE. As I am not at liberty to suppose that any one must necessarily be acquainted with the earlier sections of a narrative to which this volume forms a continuation, it is proper to inform the reader that the following chapters comprise a third, but distinct, part of an account of travels which I have previously brought up to my departure from the coast of Kamtschatka on board the good whaler-ship Josephine, bound on a voyage intended to embrace a period of whale-fishing in a lower latitude, and to terminate at the Sandwich Islands. My chief endeavour in the present volume has been to exhibit a picture of an isolated portion of the great human family, in a stage b VI PREFACE. of progress of peculiar interest, since it is that which, at ome period or other, has in every Christian state, formed the first step from barbarism towards those degrees of refinement which older nations have severally attained. When the natives of the Sandwich Islands held their earliest intercourse with Europeans, they seem, indeed, to have been in a condition of society not very unlike that of the inhabitants of our own Britain when the Romans first landed on these shores; and their present state of advancement is probably about the same as that of the Britons at the time when their most barbarous customs were just giving place to changes for which Roman refinement opened the way. Two reasons have suggested the introduction of the short historic sketch which precedes the proper matter of the volume. The first of these is, the difficulty of giving anything like a just picture of the natives of the islands at the present day, unaccompanied by some PREFACE. Vii sort of review of their condition, as well before as after, their first intercourse with Europeans. The second is, the belief that the importance which the rapid growth of so many new countries on the shores of the Pacific Ocean must shortly give to the Sandwich Islands in particular, renders such a notice desirable in every account of them. I CONTENTS. CHAPTER I. PAGE VOYAGE FROM KAMTSCHATKA TO THE SANDWICH ISLANDS.............. 1 CHAPTER II. VOYAGE FROM KAMTSCHATKA TO THE SANDWICH ISLANDS-(continued)......... 19 CHAPTER III. NATURAL HISTORY OF THE ISLANDS, AND ORIGIN OF THEIR INHABITANTS........ 32 CHAPTER IV. INSTITUTIONS, ARTS, AND CUSTOMS, OF THE ISLANDERS............. 44 CHAPTER V. SKETCH OF THE PROPER HISTORY OF THE ISLANDS 68 X CONTENTS. CHAPTER VI. PAGE HONOLULU...... 95 CHAPTER VII. HONOLULU-(continued)..... 107 CHAPTER VIII. THE ISLAND OF MAWHEE......... 121 CHAPTER IX. VOYAGE TO OWHYHEE-WAIMEAR... 143 CHAPTER X. VISIT TO KARAKBKOOA BAY... 161 CHAPTER XI. VICINITY OF KARAKAKOOA BAY....... 178 CHAPTER XII. JOURNEY BETWEEN KARAKAKOOA BAY AND KAILUAKA1LUA....... 193 CHAPTER XIII. VISIT TO A COFFEE ESTATE... 211 CONTENTS. CHAPTER XIV. BOAT VOYAGE FROM KARAKAKOOA BAY TO KAILI CHAPTER XV. JOURNEYS TO WHYHOHINO AND THE VOLCANO OF KILAUEA...... xi PAGE 223 241 CHAPTER XVI. THE VOLCANO OF KILAUEA... CHAPTER XVII. JOURNEY FROM THE VOLCANO TO HILO.. 261... 281 CHAPTER XVIII. BYRON'S BAY AND IILO.... 291 CHAPTER XIX. HILO............. 303 CHAPTER XX. HILO-(continued )...... 319 CHAPTER XXI. HILO-(continued).......... 331 xii CONTENTS. CHAPTER XXII. HONOLULU....... CHAPTER XXIII. VOYAGE FROM THE SANDWICH ISLANDS TO OTAHEITE CHAPTER XXIV. OTAHEITE....... CHAPTER XXV. VOYAGE FROM OTAHEITE TO VALPARAISO.. PAGE 348 366 374 APPENDIX. SANDWICH ISLANDS-DECLARATION OF RIGHTS.. 407 TREATIES BETWEEN HAWAII, FRANCE, AND GREAT BRITAIN.......... 417 TAXATION IN THE SANDWICH ISLANDS.... 422 MUTINY AND MASSACRE AT SEA....... 424 TRAVELS IN THE SANDWICH AND SOCIETY ISLANDS. CHAPTER I. VOYAGE FROM KAMTSCHATKA TO THE SANDWICH ISLANDS. Departure from Kamtschatka-Appearance of the Coast - Auspicious Signs -Fine Weather- Rigour of the Climate —Sudden Change-Loss of Sails-Ship under bare Poles-Seamen confined below-Shift of WindDangerous Condition of the Ship-State of the Barometer-Gale increased to a Typhoon-Phosphoric Light, so called, on the Water-Appearance of the mysterious Light described by Ariel in the "Tempest"-Composition and Character of the Light-Stroke of the SeaCessation of the Gale-Our Occupations during the Gale — Character of Sailors-Alteration in our Voyage. THE western breeze which had brought us out of the bay of Avasha continued. The sea was but little agitated, and when the sun dropped beneath the snow-capped mountains of Kamtschatka, not a cloud nor vapour broke the outline of the vast features of the view which the, B 2 VOYAGE FROM KAMTSCHATKA rude shores presented. As we stood contemplating the magnificent spectacle, the breeze gradually grew lighter and lighter, just as it happens in lower latitudes on a summer's evening; and, as the stars appeared one by one, from those of the first magnitude to those which the full night present, we ventured to hope, from these propitious signs, that we should have a fine run off the dangerous land, and a prosperous transport to the latitudes where the navigator's cares comparatively speaking cease. These favourable auguries were the more welcome to us, on account of the particular character of the coast and the climate, combined with the lateness of the season, the 27th of November, at which we sailed. The precursor storm, which invariably announces the setting-in of winter in high latitudes, as well on the eastern shores of Asia as on those of America, and which is always dead on shore, was hourly expected; while it was twelve days later than any ship had at any time before quitted any part on this coast. Before midnight the breeze again freshened, and it blew a gentle gale through the night; and, at eight o'clock the next morning, we were by the reckoning about sixty miles from the land. The breeze continued throughout the secondday; and such was the clearness of the atIoosphere, that when we were considerably more than a hundred miles from the shore, we could TO THE SANDWICH ISLANDS. 3 plainly distinguish the highest peaks of the giant mountains in the vicinity of the bay of Avasha. During the next two days and nights we had a gradual increase of wind, continually fair, with the same unchanged and cloudless sky; and, at the hour of sunset on the 1st of December, nothing save the blowing of a few whales, and the snow and ice which still covered our decks, remained to remind us that we were in a more rigorous climate than that of the northern coast of Britain in mid-winter. About this time, when we were 400 miles from the port we had left, from which we had steered nearly due south, without regard to our proper course, that we might the more speedily change our latitude, and with the coast of Japan lying about the same distance west of us, the wind became unsteady and very light, and the weather altogether exhibited symptoms of a great change being at hand. The sea, too, which had been following us from the north-west as steadily as a summer swell, seemed now to be met by a cross-sea running from the eastward. These signs are as well known to the navigators of these regions to indicate a breaking-up of the fine weather, as they are known to the inhabitants on shore to be the signal of the approach of the storm which unfailingly breaks on the coast at this season; and we began to shorten sail before the day closed. The sky, too, was for the first time B2 4 VOYAGE FROM XAMTSCHATKA entirely obscured; yet, until near midnight, there was but little wind, which blew, however, at intervals from all points of the compass between west and north-east. But about that hour, after several short lulls, a strong gale from the east, accompanied by a heavy swell, came suddenly down upon us with so much force, that it became necessary to furl every sail with the utmost expedition; and the ship was now hove-to under her storm-staysails, with her head towards the north. Scarcely, however, was this manceuvre accomplished, before the gale augmented in violence, reducing our staysails to shreds, and defying every further effort of the seamen to retain any government over the vessel's movements. Snow, too, now accompanied the wind, which still augmented at every gust, until the ship, thrown half on her side, with a heavy sea running, and under her mere bare poles (as seamen call their masts when no canvas is spread), swept bodily before the gale, at the rate of four or five knots an hour. The seamen, whose presence on deck was no longer of any avail, and very dangerous to their safety, all now, at the command of the captain, ensconced themselves beneath the hatches in the forecastle, and the officers retired to the cabin, leaving nothing open abaft, save a portion of the top of the companion. The worst was, the little hope we entertained of a change; for TO THE SANDWICH ISLANDS. 5 our barometer, upon which the captain had great reason to rely, indicated that the gale was increasing in force; and the occasional mere wash of the tumbling waves, as they passed under us, warned us of the consequences that must follow the ship's receiving the full stroke of the sea on her side. She rose, however, to the top of the waves, as they rapidly followed one another, and sank again into the hollows between them, with such undeviating regularity, during the whole of this night, that if our masts only stood, we had little doubt of weathering the gale. But about day-break on the morning after the change of weather, while the glass was still falling, a new danger threatened us. The tempest before which we were driving had been preceded, as is very commonly the case at sea, by a swell from the same quarter, which had easily put down that which had attended the north-west wind, and the sea had since run regularly before the gale. In the mean time, when we first hove-to, our ship's head was placed to the northward, under the impression of it being most likely that the wind, if it changed, would haul to the southward; in which case we should head the sea, while it continued to run in the same direction as before, instead of receiving it, as we must necessarily do in the opposite case, upon our broadside. But the wind suddenly shifted to the north-east, and the sea was now 6 VOYAGE FROM KAMTSCHATKA hove up into pyramids, and ran with such violence, and irregular course, that the ship laboured heavily, falling sometimes by her bow, and as often stern foremost, into the pits and hollows between the seas, and was in danger of foundering. The barometer, too, still indicated that the force of the wind was still augmenting. Aloft, we already presented the appearance of a perfect wreck. The gale at the beginning, having come on with such suddenness, none of the sails had been very nicely furled or handed, and the greater part of them were already blown from the masts or from the yard-arms up to the very reef-points, so that the fragments hanging in ropes' ends and shreds served to increase the resistance offered to the wind, and to keep the ship down on her side. After another hour or two, the sea became more regular, but the barometer, now at 29~, was still falling, and the force of the wind augmenting. If terror, as some in search of the origin of our impressions seem to have discovered, be the true source of the sublime, there was now strife enough among the elements to whose fury we were exposed, to touch us with the most elevated sensations. The tenants of the cabin knew nothing of those of the forecastle, but from time to time, we severally crept up the companion-ladder to endeavour to find some sign of the tempest abating. The snow, which had TO THE SANDWICH ISLANDS. 7 accompanied the wind when the gale commenced, no longer fell; but nothing was visible in any direction beyond the tops of the nearest seas that rolled around us, which the wind converted to spray and mist that limited the vision to three or four hundred yards on all sides around. Such, indeed, was the effect of this wild commotion of the elements, that I was tempted to keep my place at the companion for an hour at a time, to watch the seas that followed or broke ahead of us, one single wave of which, had the masts gone, which would have lessened our drift and brought the ship upright, would have sufficed to overwhelm us in a moment: for it was by the wake left in our drift, causing the waves to break or turn to foam and mist, that the wind drove over us in too light a form to damage any portion of our hull, and the rapidity with which the ship drifted while on her side, that she was protected from the crash of the furious seas that broke around her. No change took place during the day that succeeded the night upon which the tempest commenced. We continually watched the barometer with the utmost anxiety. Still it fell; and the day closed without any symptoms of the wind abating. But during the middle watch of the night, soon after it bad been observed that the barometer had fallen 28a-U, we had the 8 VOYAGE FROM KAMTSCHATKA opportunity of witnessing an extraordinary phenomenon. I shall endeavour to describe it as it presented itself to us, with the addition of some information I accidentally acquired concerning its character. I had been some time standing or holding on alone upon the upper step of the companionladder, occupying the weary time in watching the breaking heads of the foaming waves that successively robed the waters with a sparkling mantle like a hoar -frost, that was visible through the darkness which obscured every other object, when I was suddenly struck with amazement at seeing a light aloft. I gazed upon the strange apparition for a moment or two, with too great astonishment to admit of any exercise of the reason, or of recalling to mind any thing I had seen or heard of, resembling it, and, perhaps, not wholly free from such ecstasy, as, at a time like the present, might be natural even to the coldest temperament among us. It would have been in vain to attempt to give notice of this appearance, to any one below, without descending the ladder, on account of the noise made by the wind and the sea. But at the moment I was about to descend to the cabin, I found our second mate by my side, arrived in search of some sign of the tempest abating. I instantly pointed out to him the flaming stranger, now in rapid motion upon the TO THE SANDWICH ISLANDS. 9 mast in front of us, and upon the higher of the yards. The mate, however, saw the light without partaking of my surprise; and, indeed, had scarcely called it by its sea name, "jack-o'-lantern," before I recognised the phenomenon, which I had often enough heard of, yet, though I had weathered out many a winter gale, I had never seen before; and which has, perhaps, never been so distinctly described as in one especial instance which now came to my recollection. No description, indeed, of any natural phenomenon that I know of, might more exactly present to our minds the image of anything not before our eyes, none more vividly represent that which we now saw, than the account given by the tricksy spirit Ariel, of his own appearance during his performance of his part in the storm in the first act of the " Tempest," which has no doubt often passed for a pure creation of the poet's fantasy rather than for an illustration of a remarkable natural phenomenon:"I boarded the king's ship: now on the beak, Now on the waist, in every part, I flam'd amazement: sometimes I'd divide, And burn in many places; on the topmast, The yards, and bowsprit, would I flame distinctly, Then meet and join: Jove's lightnings, the precursors 0' the dreadful thunder-claps, more momentary And sight-out-running were not." * * * *. * As we gazed upon the flaming light, it at 10 VOYAGE FROM KAMTSCHATKA first appeared as if it were stationary in respect to the masts and yards, which we could not perceive, and only in motion on account of the movement of the ship when she rolled to leeward and partially rose again as the swell, after passing under her, left her sinking into the hollows between the running seas. It was presently, however, apparent, that the mysterious light was in rapid motion along the ship's masts and yards, and that it was sometimes on the mainmast, which it ascended and descended with the rapidity of thought, and sometimes upon the lee and weather yard-arms, along which it played horizontally. But once or twice, as the ship rolled more suddenly to leeward, it appeared to quit the top of the mast, or the yard-arms, yet quickly to re-attach itself, as the vessel rolled again towards the direction in which it flamed. At other times, as if it were cut by the rigging in its rapid flight across the yards or upon the mast, it was divided into several parts, which quickly united again after quitting the extremities of the yards or masts. That which I heard and can confidently report concerning this light, and which may be new to many, if not to all, even of those who have actually seen it, was related to me by the officer who witnessed the curious phenomenon with me on this terrible night. He had navigated these seas for many years, and he assured TO THE SANDWICH ISLANDS. 11 me that its appearance in these latitudes was very frequent, and that the seamen on board the whalers often gave chase to it upon the masts during gales of wind of less violence than that which we experienced. He informed me, indeed, that he had himself taken it at the top of the mast, where it was flaming and playing off and on. He said it appeared to emit but a dull light when approached, and that, when touched, it was found to consist of a substance of a clammy nature, and of little solidity, which caused a smarting sensation to the hand, and that it was scarcely visible when exposed to the light. By midnight the tempest seemed to have reached its utmost fury, when our barometer had sunk down to 27-1 -in favoured us, and soon after sunset we shot iii among a fleet of shipping riding at anchor in the lay; but, as it was against the rules of the port for any one to land after that time, we were forced to remain on board until the morning. APPENDIX. DECLARATION OF RIGHTS, BOTH OF THE PEOPLE AND CHIEFS. GoD hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on Jll men and all chiefs, and people of all lands. These are some of tie rights which he hath given alike to every man and ever- chief of correct deportment; life, limb, liberty, freedom from oppression, the earnings of his hands and the producticiis of his mind, not however to those who act in violation of the laws. God has also established governments, and rule, for the purposes of peace; but in making laws for the nations, it is by no means proper to enact laws for the rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to enriching their subjects also; and hereafter there shall by no means be any laws which are at variance with what is above expressed, neither shall any tax be assessed nor any service or labour required of any man, in a manner which is at variance with the above sentiments. PROTECTION FOR THE PEOPLE DECLARED. The above sentiments are hereby published for the purpose of protecting alike, both the people and the chiefs of 408 AEPENDIX. all these islands, while the maintain a correct deportment; that no chief may be able to oppress any subject, but that the chiefs and people may enjoy the same protection, under one and the same law. 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. Whatever chief shall act perseveringly in violation of this Constitution, shall no longer remain a chief of the Hawaiian islands, and the same shall be true of the governor, officers, and all land agents. But if any one who is deposed should change his course, and regulate his conduct by law, it shall then be in the power of the chiefs to reinstate him in the place he occupied previous to his being deposed. CONSTITUTION. It is our design to regulate our kingdom according to the above principles, and thus seek the greatest prosperity of all the chiefs and all the people of the Hawaiian islands. But we are aware that we cannot ourselves alone accomplish such an object-God must be our aid, for it is His province alone to give protection and prosperity. Wherefore we first present our supplication to HIM, that he will guide us to right measures, and sustain us in our work. It is therefore our fixed decree, I. That no law shall be enacted that is at variance with the word of the Lord Jehovah, or at variance with the general spirit of His word. All laws of the islands shall be in consistency with the general spirit of God's law. II. All men of every religion shall be protected in worshipping Jehovah, and serving Him according to their own understanding; but no man shall ever be punished for ne APPENDIX. 409 glect of God, unless he injure his neighbour or bring injury on the kingdom. III. The law shall give redress to every man who is injured by another without a fault of his own, and shall protect all men while they conduct themselves properly, and shall punish all men who commit crime against the kingdom, or against individuals, and no unequal law shall be passed for the benefit of one to the injury of another. IV. No man shall be punished unless his crime be first made manifest; neither shall he be punished unless he be first brought to trial in the presence of his accusers, and they have met face to face, and the trial having been conducted according to law and the crime made manifest in their presence, then punishment may be inflicted. V. No man or chief shall be permitted to sit as judge or act on a jury to try his particular friend (or enemy) or one who is especially connected with him-therefore, if any man be condemned or acquitted, and it shall be afterwards made to appear that some one who had tried him acted with partiality for the purpose of favouring his friend or injuring his enemy, or for the purpose of enriching himself, then there shall be a new trial allowed, before those who are impartial. EXPOSITION OF THE PRINCIPLES ON WHICH THE PRESENT DYNASTY IS FOUNDED. The origin of the present government and system of polity is as follows:-KAMEHAMEHA I. was the founder of the kingdom, and to him belonged all the land from one end of the islands to the other, though it was not his own pri. vate property. It belonged to the chiefs and people in common, to whom Kamehameha I. was the head, and had the management of the landed property. Wherefore, there was not formerly, and is not now, any person who could or can convey away the smallest portion of land, without the 410 APPENDIX. consent of the one who had, or has, the direction of the kingdom. These are the persons who have had the direction of it from that time down-Kamehameha II., Kamehameha I., and, at the present time, Kamehameha III. These persons have had the direction of the kingdom down to the present time, and all documents written by them, and no others, are the documents of the kingdom. The kingdom is permanently confirmed to Kamehameha III. and his heirs, and his heir shall be the person whom he and the chiefs shall appoint, during his lifetime; but should there be no appointment, then the decision shall rest with the chiefs and House of Representatives. PREROGATIVES OF THE KING. The prerogatives of the king are as follows:-He is sovereign of all the people and all the chiefs. The kingdom is his. He shall have the direction of the army and all the implements of war of the kingdom. He also shall have the direction of the government property-the poll-tax-the land-tax-the three days' monthly labour, though in conformity to the laws. He shall also retain his own private lands, and lands forfeited for the non-payment of taxes shall revert to him. IIe shall be the chief judge of the supreme court, and it shall be his duty to execute the laws of the land, also all decrees and treaties with other countries; all, however, in accordance with the laws. It shall also be his prerogative to form treaties with the rulers of all other kingdoms; also to receive ministers sent by other countries, and he shall have power to confirm agreements with them. He shall also have power to make war in time of emergency, when the chiefs cannot be assembled; and he shall be the commander-in-chief. He shall have power to transact APPENDIX. 411 all important business of the kingdom which is not by the law assigned to others. RESPECTING THE PREMIER OF THE KINGDOM. It shall be the duty of the king to appoint some chief of rank and ability to be his particular minister, whose title shall be Premier of the Kingdom. His office and business shall be the same as that of Kamehameha I. and Kamehameha II. For even in the time of Kamehameha I. life and death, condemnation and acquittal, were in the hands of Kamehameha. When Kamehameha died, his will was, The kingdom is Liholiho's, and Kaahumanu is his minister! That important feature of the government, originated by Kamehameha I. shall be perpetuated in these Hawaiian Islands, but shall always be in subserviency to the law. The following are the duties of the premier:-All business connected with the special interests of the kingdom, which the king wishes to transact, shall be done by the premier, under authority of the king. All documents and business of the kingdom executed by the premier shall be considered as executed by the king's authority. All government property shall be reported to him (or her), and he (or she) shall make it over to the king. The premier shall be the king's special councillor in the great business of the kingdom. The king shall not act without the knowledge of the premier, nor shall the premier act without the knowledge of the king, and the veto of the king on the acts of the premier shall arrest the business. All important business of the kingdom which the king chooses to transact in person, he may do it, but not without the approbation of the premier. GOVERNORS. There shall be four governors over these Hawaiian Islands-one for Hawaii, one for Maui and the islands ad 412 - APPENDIX. jacent, one for Oahu, and one for Kauai and the adjacent islands. All the governors from Hawaii to Kauai shall be subject to the king. The prerogatives of the governors and their deputies shall be as follow. Each governor shall have the general direction of the several tax-gatherers of the island, and shall support.them in the execution of their orders, which he considers to have been properly given, but shall pursue a course according to law, and not according to his own private views. He also shall preside over all the judges of his island, and shall see their sentences executed as above. He shall also appoint the judges and give them their certificates of office. All the governors from Hawaii to Kauai, shall be subject not only to the king but also to the premier. The governor shall be the superior over his particular island or islands. He shall have charge of the munitions of war,-under the direction of the king, however, and the premier. He shall have charge of the forts, the soldiery, the arms, and all the implements of war. He shall receive the government dues, and shall deliver over the same to the premier. All important decisions rest with him in times of emergency, unless the king or premier be present. He shall have charge of all the king's business on the island, the taxation, new improvements to be extended, and plans for the increase of wealth, and all officers shall be subject to him. He shall also have power to decide all questions, and transact all island business which is not by law assigned to others. When either of the governors shall decease, then all the chiefs shall assemble at such place as the king shall appoint, and shall nominate a successor of the deceased governor, and whosoever they shall nominate and be approved bythe king, he shall be the new governor. APPENDIX. 413 RESPECTING THE SUBORDINATE CHIEFS. At the present period, these are the persons who shall sit in the government councils; Kamehameha III, Hoaphiliwahine Kuakini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leleiohoku, Kekuanaoa, Kealiiahonua, Kanaina, Keonili, Keoni Ana, and Heralilio! Should any other person be received into the council, it shall be made known by law. These persons shall have part in councils of the kingdom. No law of the nation shall be passed without their assent. They shall act in the following manner. They shall assemble annually for the purpose of seeking the welfare of the nation, and establishing laws for the kingdom. Their meeting shall commence in April, at such day and place as the king shall appoint. It shall also be proper for the king to consult with the above persons, respecting all the great concerns of the kingdom, in order to promote unanimity and secure the greatest good. They shall, moreover, transact such other business as the king shall commit to them. That they shall retain their own appropriate lands, whether district or plantations, or whatever divisions they may be, and they may conduct the business on the said lands at their discretion, but not at variance with the laws of the kingdom. RESPECTING THE REPRESENTATIVE BODY. There shall be annually chosen, certain persons to sit in council with the chiefs and established lords of the nation. They shall be chosen by the people, according to their wish, from Hawaii, Maui, Oahu and Kauai. The law shall decide the form of choosing them, and also the number of the chosen. This representative body shall have a voice in the business of the kingdom. No law shall be passed without the approbation of the majority of them. 414 APPENDIX. RESPECTING THE MEETINGS OF THE LEGISLATIVE BODY. There shall be an annual meeting as stated above, but if the chiefs think it desirable to meet again, they may do it at their discretion. When they assemble, the chiefs shall meet by themselves, and the representative body by themselves, though at such time as they shall think it necessary to consult together, they may unite at their discretion. The form of doing business shall be as follows: The chiefs shall appoint a secretary for themselves, who, at the meetings shall record all decisions made by them; and that book of records shall be preserved in order that no decrees affecting the interests of the kingdom may be lost. The same shall be done by the representative body. They too shall choose a secretary for themselves, and when they meet for the purpose of seeking the interests of the kingdom, and shall come to a decision on any point, then that decision shall be recorded in a book, and the book shall be preserved, in order that nothing valuable affecting the interest of the kingdom shall be lost; and there shall no new law be made without the approbation of a majority of the chiefs, and also a majority of the representative body. When any act has been agreed upon by them, it shall then be presented to the king, and if he approve and sign his name, and also the premier, then it shall become the law of the kingdom, and that law shall not be repealed unless it be done by the name of those who established it. OF CHANGES IN THE CONSTITUTION. The Constitution shall not be considered as finally established, until the people have generally heard it, and have appointed persons according to the provisions herein made, and they have given their assent, then the constitution shall be considered as permanently established. But if hereafter it should be thought desirable to change APPENDIX. 415 it, notice shall be previously given, that all the people may understand the nature of the proposed change; and the succeeding year, at the meeting of the chiefs and the representative body, if they shall agree as to the addition proposed, or as to the alteration, then they may make it. The above constitution has been agreed to by the chiefs, and we have hereunto subscribed our names, this eighth day of October, in the year of our Lord 1840, at Honolulu, Oahu. Signed KAMEHAMEHA III. KEKAULUOII. SANDWICI ISLANDS. OFFICIAL. [Copy.] DECLARATION. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, taking into consideration the existence in the Sandwich Islands of a Government capable of providing for the regularity of its relations with Foreign Nations, have thought it right to engage, reciprocally, to consider the Sandwich Islands as an independent state, and never to take possession, either directly or under the title of Protectorate, or under any other form, of any part of the territory of which they are composed. The undersigned, her Britannic Majesty's Principal Secretary of State for Foreign Affairs, and the Ambassador Extraordinary of his Majesty the King of the French, at 416 APPENDIX. the court of London, being furnished with the necessary powers, hereby declare, in consequence, that their said majesties take reciprocally that engagement. In. witness whereof, the undersigned have signed the present declaration, and have affixed thereto the seals of their arms. Done in duplicate at London, the twenty-eighth day of November, in the year of our Lord one thousand eight hundred and forty-three. (Signed) ABERDEEN. L.S. [Copie.] DECLARATION. Sa Majeste la Reine du Royaume Uni de la Grande Bretagne et d'Irlande, et sa Majeste le Roi des Francais, prenant en consideration l'existence dans les Isles Sandwich d'un Gouvernement capable de pourvoir a la r6gularite de leurs rapports avec les nations etrangeres, ont cru devoir s'engager reciproquement a considerer les Isles Sandwich comme un ttat incependant, et a ne jamais prendre possession ni directement, ni a titre de Protectoral, ni sous aucune autre forme, d'aucune partees des territoires dont il se compose. Les soussignes, Principal Secretaire d'Etat pour les Affaires itrangeres de Sa Majeste Britannique, et Ambassadeur Extraordinaire de Sa Majeste le Roi des Francais, pres la cour de Londres, munis des pourvoirs necessaires, declarent, en consequence, par les presentes, quo leurs dites Majestes prenant reciproquement cet engagement. En foi de quoi, les soussignes, ont signe la presente declaration, et y fait apposer le scelle de leurs armes. Fait double a Londres, le vignt-huit Novembre, l'an de Grace mil huit cent quarente trois. (Signe) ST. AULAIRE. APPENDIX. 417 TREATIES BETWEEN THE KINGDOMS OF THE HAWAIIAN ISLANDS, FRANCE, AND GREAT BRITAIN. SIGNED AT HONOLULU, MARCH 26, 1846. BRITISH TREATY. IT being desirable that a general convention should be substituted for the various instruments of mutual agreement at present existing between Great Britain and the Sandwich Islands, the following articles have, for that purpose and to that intent, been mutually agreed upon and signed between the Governments of Great Britain and the Sandwich Islands; and it has been determined that any other treaty, or conventional agreement, now existing between the respective parties, shall be henceforward abrogated and considered null and of no effect. ARTICLE I. There shall be perpetual peace and amity between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the King of the Sandwich Islands, their heirs and successors. ARTICLE II. The subjects of Her Britannic Majesty residing within the dominions of the King of the Sandwich Islands, shall enjoy the same protection in regard to their civil rights as well as to their persons and properties, as native subjects; and the King of the Sandwich Islands engages to grant to E E 418 APPENDIX. British subjects the same rights and privileges which now are, or hereafter may be, granted to or enjoyed by any other foreigners, subjects of the most favoured nation. ARTICLE III. No British subject accused of any crime whatever shall be judged otherwise than by a jury composed of native or foreign residents, proposed by the British Consul and accepted by the Government of the Sandwich Islands. ARTICLE IV. The protection of the King of the Sandwich Islands shall be extended to all British vessels, their officers and crews. In case of shipwreck, the chiefs and inhabitants of the different parts of the Sandwich Islands shall succour them and secure them from plunder. The salvage dues shall be regulated, in case of dispute, by arbitrators chosen by both parties. ARTICLE V. The desertion of seamen embarked on board of British vessels shall be severely repressed by the local authorities; who shall employ all the means at their disposal to arrest deserters; and all reasonable expenses of capture shall be defrayed by the captains or owners of the said vessels. ARTICLE VI. British merchandise or goods recognised as coming from the British dominions, shall not be prohibited, nor shall they be subject to an import duty higher than five per cent ad valorem. Wines, brandies, and other spirituous liquors, are however excepted from this stipulation, and shall be liable to such reasonable duty as the Hawaiian Government may think fit to lay upon them, provided always that the amount APPENDIX. 419 of duty shall not be so high as absolutely to prohibit the importation of the said articles. ARTICLE VII.. No tonnage, import or other duties, shall be levied on British vessels, or goods imported in British vessels, beyond what are levied on vessels or goods of the most favoured nation. ARTICLE VIII. The subjects of the King of the Sandwich Islands shall, in their commercial or other relations with Great Britain, be treated on the footing of the most favoured nation. Done at Honolulu the 26th of March, 1846. WM. MILLER. R. C. WYLLIE, H. B. M.'s Consul-General for the His Hawaiian Majesty's Minister Islands in the Pacific Ocean. of Foreign Relations. [L.S.] [L.S.] IOANE II. Member of the Treasury Board. [L.S.] FRENCH TREATY. Le temps ayant demontre la convenance de substituer un traite general aux diverses conventions mutuellement consenties jusqu'ici par la France et les Iles Sandwich, les Gouvernements Fransais et Havaien sont reciproquement convenus des articles suivants, et les ont signes apres avoir reconnu et arrete que tout autre traite ou convention, actuellement existant entre les parties contractantes, serait desormais considere comme nul et de nul effet. EE 2 420 APPENDIX. ARTICLE I. II y aura paix et amitie perpetuelles entre S. M. le Roi des Fran9ais et le Roi des lies Sandwich, entre leurs heritiers et successeurs. ARTICLE II. Les sujets de S. M. le Roi des FranCais demeurant dans les possessions du Roi des Iles Sandwich, jouiront, quant aux droit civils, et pour ce qui regarde leurs personnes et leurs propriet6s, de la meme protection que s'ils etaient sujets indigenes, et le Roi des Iles Sandwich s'engage a leur accorder les memes droits et privileges, que ceux accordes maintenant, ou qui pourront etre accordes plus tard aux sujets de la nation la plus favorisee. ARTICLE III. Aucun Francais accuse d'un crime ou delit quelconque, ne pourra etre juge que par un jure compose de residens indigenes, ou etrangers proposes par le Consul de France, et agrees par le Gouvernement des Iles Sandwich. ARTICLE IV. Le Roi des Iles Sandwich etendra sa protection sur les navires Frangais, leurs officiers et equipages: en cas de naufrage les chef et habitans des differentes parties des Isles Sandwich devront leur porter secours et les garantir de tout pillage. Les indemnites de sauvetage seront reglees, en cas de difficulte, par des arbitres nommes par les deux parties. ARTICLE V. La desertion des marins embarques a bord des navires Fran9ais sera s6verement reprime par les autorites locales, APPENDIX. 421 qui devront user de tous les moyens a leur disposition pour arreter les deserteurs. Toute depense faite dans de juste limites pour s'emparer d'eux sera remboursee par les capitaines ou proprietaires des dits navires. ARTICLE VI. Les marchandises Francaises ou reconnues comme venant des possessions Francaises, ne pourront etre prohibees ou soumises a un droit d'entree plus eleve qui celui de 5 per cent ad valorem. Les vins, eaux de vie, et autres liqueurs spiritueuses, sont except6s, et pourront etre soumis a tout droit equitable, dont le Gouvernement des Iles Sandwich jugera convenable de les frapper, mais a condition que ce droit ne sera jamais assez eleve pour devenir un empechement absolu a l'importation des dits articles. ARTICLE VII. Les droits de tonnage ou d'importation, ou tout autre droit leve sur des navires Francais, ou sur des marchandises importees par des navires Francais, ne devront point exceder les droits imposes aux navires, ou aux marchandises de la nation la plus favorisee. ARTICLE VIII. Les sujets du Roi des Iles Sandwich seront traites sur le pied de la nation la plus favorisee, dans leurs relations commerciales ou autres avec la France. Fait a Honolulu, le 26 Mars, 1846. EM. PERRIN, R. C. WYLLIE, Consul de France, Charge d'une His Hawaiian Majesty's MinisMission Speciale aux lies Sand- ter of Foreign Relations. wich. [L.S.] [L.S.] IOANE II. Member of the Treasury Board. [L.S.] 422 APPENDIX. TAXATION IN THE SANDWICH ISLANDS. SCHEDULE, IN DOLLARS AND CENTS, POLITELY COMMUNICATED BY MR. JUDD, MINISTER OF FINANCE. POLL TAX. Every able-bodied Hawaiian adult male - Every able-bodied Hawaiian adult female Every male aged from 15 to 20 years Every female aged from 15 to 20 years - - 100 50 50 25 SCHOOL TAX. (Called also Paahao Poalua and Labour Tax.) Every able-bodied man, a tenant of land, is liable to be called out during 13 weeks, 3 days in the week (every year) - - - Days During 13 weeks, one day per week - Days 39 13 52 Every able-bodied man, not a tenant, is liable to work on this tax 26 weeks, 3 days in the week - Days 84 This tax may be commuted for 1 Rial per diem, or $2 paid in advance in cash or $3 in produce. The avails are all devoted to education. Both classes are liable to a Road Tax of 12 days in the year, or to pay $1*50. APPENDIX. 423 Tenants are required by law at present to labour for their Landlords 13 weeks, 3 days in the week Days 39 and 13 weeks, 1 day in the week 13 52 This is a private right of the Landlord, and there is no legal commutation except the Rial per day. Many take $2650 or 3 00 per annum. From this it appears, that the tax for Government in labour, is, for Schools (per annum) - Days 84 for Roads (per annum) - Days 12 96 Reckoned at 1 Rial per day is $12 In Cash it is for Government. Poll Tax- - - - $1x00 School Tax - - - 2-00 Road Tax - - - 1-50 4-50 The commutation for the School Tax is of recent origin, and the number of days' labour was not reduced, in order to induce people to commute. Horses - - - per annum 50 cts. Mules and Asses - - - - 25 Dogs and Cats - - - 100 No other direct taxes are collected from the natives. The labour tax will soon be abolished. G. P. J. 424 APPENDIX. DEPOSITION. MUTINY AND HORRIBLE MASSACRE AT SEA. "Schooner Amelia. Tuesday, Oct. 3, 1848.-About four bells in the middle watch, a tremendous noise on deck -yelling and hallooing-starboard watch on deck. The second mate, Kitano, had gone forward at the time, in consequence of the swinging-boom guy having given way. He was immediately fallen upon by three men, Josse Torris, Andrew Baldibego, and Josh Calero, and left dying upon the deck. Captain Alva hearing the noise, came on deck, and asked what was the occasion of the noise. The ringleader, Torris, told him, Nothing, only a bad wind. Mr. Cook, passenger, came up after the captain. As the latter was retreating aft, he was attacked by the three men and stabbed in several places. He, however, managed to get down into the cabin, and in reaching for a cutlass endeavoured to make Mr. McNally, who had just turned out on hearing the noise, comprehend what was going on. He then, with the cutlass in hand, gained the top of the companion, but was stabbed mortally by two men, one on each side; he fell back and staggered into the cabin, and expired. Mr. Cook, seeing the captain running aft, pursued by the murderers, endeavoured to get down into the cabin, but was stabbed through the back, left a little while on deck, and afterwards thrown overboard. The murderers then went forward, called the larboard watch, and showing their bloody knives, told them they had murdered all aft except Mr. McNally, English master, Mrs. Cook, and her servant Mary Hudson: and that they were in command of the vessel, and if one of them refused APPENDIX. 425 to obey their orders, they would murder him immediately. They then threw the body of the second mate overboard, and commanded the ship to be put about and steered for the coast of Peru. The remainder of the crew had no arms to defend themselves, and if the least hesitation was shown, the knife was at their throats. They then went down into the hold and brought up large stones and pieces of lead, which were laid on the deck for the purpose of killing Mr. McNally. About 8 A.M. they spoke (by the carpenter) to Mr. McNally, assuring him that if he had laid down his arms and submitted quietly, they would not take his life. He would not consent to that, but told them that if they would allow him with the females to be put, with what things he required, into the gig and sent adrift, he would not trouble them at all, but would show them what course to take for the place they wanted to go. The three then spoke together, and answered that what he required should be done. They then passed the necessaries they wished to take with him on deck, and one of them went down and got the course for Malabeigo from him. Trusting to their faith he went on deck unarmed. They had put the ship about and given pretended orders for lowering the boat, but seeing it was not done, he went to the cabin skylight and told the females not to come up then as the boat was not ready. He was stepping from the skylight to the side of the vessel, when he was seized upon and thrown overboard. The murderers then filled upon the vessel, and ordered all sail to be made. They then went down into the cabin, took all the gold they could find and brought it on deck, making every one in the vessel take his share. They then dressed themselves in the clothes belonging to the murdered, destroyed all papers they thought offensive, with many valuables which were thrown overboard. The captain's body was tied up and with heavy weights sunk. They were shifting clothes four or five times a-day, and parading the decks. They commanded the jib-topsail to be cut away, fitted new swinging-boom gear and main guys. 426 APPENDIX. "Wednesday, 4th. John Smith, born in Rotterdam, Holland; William Christiansan, Norway; Frank Feering, St. Michael's, Western Islands; John Burringer, Bordeaux, France; Jose Calero, Bilboa, Spain; proposed a plan to take the lives of the murderers that night, and which was communicated tothe rest of the crew, four excepted. The carpenter's axe, maul, pump-breaks, boarding-pikes, were to be ready for the purpose. At 4 o'clock p.m., the three murderers brought up a quantity of wine which was offered to the men, in order to make them drunk. This being done, Andrias Baldibego went down into the hold, cut open one of the bags of silver, and brought up some, which he threw about the deck; they then commenced playing together for gold. Afterwards, they got a muster of fire-arms together, trying which was the best, and loaded them with heavy charges. One of them, from the foot of the companion-way, discharged a loaded pistol at the man at the wheel (John Smith), without effect. 'They then put the arms away for that time, but told the females they should have occasion for them in the morning. They then came on deck, (half past nine p.m.), Jose Calero having the first watch, and who was to call the other two at twelve o'clock. At ten o'clock John Smith was relieved from the wheel and went to the lee-side of the long board, and asked the carpenter if the implements were ready. The carpenter replied, Yes, all ready, but the axe was below. John Smith then went below in the steerage, and brought it up and told the boys, Charles and Thomas, to have the boarding-pikes ready, and should he want the cutlasses to run down in the cabins and hand them up. Jose Calero, who had the watch, then being drunk, struck eight bells at 11 o'clock. He then called out to heave the log. Smith immediately seized the axe, and running aft, dispatched at once the sleeping men (Jose Torris and Andrias Baldibego) when they lay on the deck, whilst Peter, who went to hold the reel, dropped it, and fell upon Jos6 Calero, trying to get him overboard; but being unable to manage him, John APPENDIX. 427 Smith jumped to the lee side and struck off his right arm with the axe. John then called out for the boys to get the cutlasses, in the event of meeting with any opposition in the four men whom he could not confide in, but they received no opposition. The bodies of the three men were then thrown overboard. John Smith then took command, the rest of the crew being all agreeable to the same. He then went down in the cabin, assured the females of their safety, and consulted with Mrs. Cook as to what would be the best plan to pursue in order to restore the vessel and cargo to their rightful owners. The money was all brought aft, and it was distributed, and placed in the cabin. It was thought best to return to Mazatlan; and accordingly, we steered the nearest course to that place. There was a heavy sea on, with frequent squalls. We took in flying jib, fore-topmast stay-sail, and gaft top-sail.' The jib had blown to pieces, being in a bad state of repair. Between six and eight o'clock p.m. the fore top-sail sheet went three times, and the running once. The bowsprit was sprung in two places, and in consequence of the violent working of the vessel was expected to go. The top-gallant-mast had been badly sprung since leaving Mazatlan, and was totally unfit to carry any sail. John Smith then went down in the cabin, acquainting Mrs. Cook with the state of the vessel and aspect of the weather. He thought it best to steer for the nearest land he could make, and which she thought was the best thing that could be done. " John then called Thomas and Charles down in the cabin, acquainting them with his purpose, and as they were the only persons that knew anything of navigation, although their knowledge was imperfect, he told them to find the course for the Sandwich Islands. He then went on deck and asked the crew if they were contented to take the vessel to Oahu; ready assent was given. Accordingly, at eight o'clock, October 5, the vessel was put before the wind, steering W. by N. half N. for the south port of Hawaii." 428 APPENDIX. The following is a note of Captain McNally, referred to in the above report. 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