HISTORY OF THE HAWAIIAN ISLANDS – CHAPTER 12

Course of British Consul Appointment of Mr. Richards to office – 1838 – Political state of the nation – Constitution – 1840 – Code of Laws –  Temperance Societies – Diplomacy of Charlton – Courts – Sir George Simpson – Commissioners appointed to Europe – 1842 – Grant of lands to Ladd & Co. – Mr. Judd came into office – Reform in Treasury – Clandestine departure of Charlton – Letter to the King Alexander –  Simpson appointed Consul and rejected – Charlton dismissed – Simpson's intrigues and violence – Suit of Pelly vs. Charlton – Arrival of Lord George Paulet, February, 1843 – Demands – Cession of the Islands – British Commission – Troubles – Withdrawal of the King – U. S S. Constellation – Admiral Thomas – Restoration of the Kingdom – Remarks upon the Cession.

Before proceeding further in the course of political events, it will be well to retrace our steps a little, and show to the reader the different stages through which the government became involved in those difficulties which led to the seizure of the islands by Lord George Paulet. Without doubt the French, encouraged by misrepresentations from interested individuals, desired at that period to do by them as they afterwards did by Tahiti, But too many national interests were involved and the islands j were too valuable for them to succeed as quietly as they wished; so they turned their attention to fields of lesser note. England, with highly honorable policy, has ever been willing that these islands should rise and prosper under their native dynasty. This is more to her credit, from the fact that her representative, Mr. Charlton, had ever urged a contrary policy, indirectly if not directly, by representing the native rulers as wholly unfit for governing, and sedulously inculcating the sentiment that they were subjects of Great Britain. On many occasions, he treated them with indignity, threatening their lives and using language unpardonable for its violence and unreasonableness. In the early part of his career it has been seen how he, impolitically for the interests of his own countrymen, countenanced the introduction of French priests, which finally led to the creation of an adverse interest that well nigh gave the nation to a rival power. Perceiving when too late the direction of affairs from the impulse he had given them, he followed in their lead by raising grievances of his own which he confidently hoped would lead to the active interference of the British government, and ultimately to taking possession of the group. To have effected this, he must have deceived not only his own government, but blinded the rival interests of France and America. Had he been a dispassionate, shrewd man, possibly he could have effected greater injury than he did; but from 1833, when his natural character was so forcibly disclosed by leading the king into vicious habits to the upsetting of order and morality, his influence had been on the wane. Disappointed by this very natural consequence, he zealously lent himself to the injury of the nation, opposing all that they favored, and nourishing every case which could generate discord or involve the rulers. His conduct was a pitiable illustration of passion without reason, and it is the more melancholy to refer to it as its effects were so pernicious for a time to the welfare of the nation and the moral tone of society. His official rank alone entitled him to consideration and gave him influence. Without it he would have been politically harmless.

Previous to the appointment of the Rev. Wm. Richards, July 3, 1838, as chaplain, teacher and translator of the government, it had been swayed alternately by missionary, mercantile and official influences brought to operate upon it. In the early stages of the influence the latter had often the advantage’ but later, the former acquired a paramount influence, though Mr. Richards was the first who received an office and title, first dissevering himself from the mission by their advice and consent. Under these modest titles his influence on the foreign policy of the chiefs became considerable, and in it he was sustained by his late brethren. The sort of influence which the missionaries held has been much discussed. It is impossible to ascertain its full extent as it was so undefined. That it was great and legitimately acquired and sincerely used for the good of the people, no candid person who has made himself acquainted with their history will doubt. Each missionary was generally the friend of some chief living in his neighborhood, and over whom he imperceptibly acquired that influence which moral confidence is sure to engender, so that without knowing exactly how it was, he felt himself powerful in his little field. The missionaries being united in policy were thus enabled to affect the tone of the public councils through the voices of their individual friends. They mainly employed this influence to benefit the people, by indoctrinating them with more humane views towards their dependents and juster sentiments of their rights. In this way the national taxes, burdens and customs, the offspring of despotic heathenism, became vastly ameliorated, and the chiefs themselves advanced to some degree of knowledge and refinement. The missionaries could not however exercise even this wholesome influence without subjecting themselves to invidious charges. Hence arose the enmity developed in the political proceedings given in the previous chapters. Mr. Bingham was long known by the soubriquet of "King Hiram."

But influence was not confined to the missionaries alone. It was acquired by those who differed widely from them on the same principle by securing the friendship and confidence of individual chiefs whose tastes were congenial with their white intimates. But these were greatly outnumbered by the more reflective and serious class with the all-powerful Kaahumanu at their head. Throughout their history it has been found that whenever the spirit of license came in conflict with the sense of right, the former, though often for a while ascendant, in the end invariably succumbed to the latter. The mission and high chiefs formed a moral bulwark to the nation that had never been wholly cut down, but has arisen firmer and higher after every assault. It is not intended by this description to convey the impression that either side were wholly right or wholly wrong. So long as the missionaries confined their influences to purposes wholly within their legitimate sphere of action, and of which they were by profession and experience the best qualified to judge, all went well. But when, even though with the best intentions, they overstepped that line, they failed failed through those very qualities which were their own passports to confidence. In honorable, practical business men, the chiefs would have found much more efficient advisers in purely business matters, and it is now much to be regretted that the agency of such had not been earlier called in, when they were in doubt. But the implicit faith they had in the intentions of their religious teachers led to an equal reliance on their judgments; these judgments were too often formed rather through the medium of a professed common faith or sanctity than through the exercise of sound reason and necessary caution. A plain answer from a practical business man of good principles, whether he was a brother communicant or not, would have been worth quires of sentimental essays on prospective good and benevolence, which were to find their dubious way to the nation by first lining the pockets of the projectors. The errors into which the advisers of the chiefs not unfrequently fell were very natural, but very lamentable. A more comprehensive view of the selfishness and deceitfulness of human nature would have saved them. At all events, it would have been a wise policy to have distrusted sanguine schemes whose fate depended upon profound secrecy even from those who were to be most affected by their success or failure, and it would have been wiser still to have offset one set of views, whether mercantile or political, by an appeal to others, and thus hit upon safety by a prudent medium.

In another sense the managing parties were right. Deceived they might be in the motives and character of their professed friends, yet so long as they believed them sincere, it was just that the countenance should have been mutual. The fault was not over-support but overconfidence. However, governments, like men, acquire wisdom by dear bought experience. It has been thus with the Hawaiian. None of the numerous lessons from friends or foes have been lost on them, and the adversities of one year have added to the wisdom of the next. It is a small nation, but history will develop the fact that it is hardening its bones and sinews by a process analogous to that of the youth who leaves his father's house with but little in the outset to meet the rubs of active selfishness save an honest heart and a docile disposition. Sooner or later the faculties develop, and the incautious boy ripens into the experienced man. Mr. Richards entered upon his official duties by delivering to the chiefs a course of lectures on Political Economy and the general science of government. From the ideas thus derived, based upon their old forms, a constitution was drawn up. Although greatly limiting their power, the chiefs passed it unanimously.

The laws of the kingdom were carefully revised and published. In comparison with the past, the progress of the nation was now rapid. The liberal policy of other nations, and whatever of their forms could with propriety be here transplanted, were embodied in the new statutes, but on a scale commensurate with the feebleness and youth of the people. The penal code was greatly improved; primary and courts of appeal established; the jury system adopted. Provision was made for the more regular enforcement of debt transmission of property, property in trust, interest accounts, in short sufficient was done greatly to benefit the position of natives and foreigners. Taxation was rendered more equal and lighter. Encouragement was proffered to industry and to the increase of population. An enlightened public school system was organized. Their laws, imperfect as they may seem to the critical eyes of a superior civilization, were yet in advance of the people. But wherever they were allowed to operate fairly and systematically much good was effected, and they served to prepare the way for more important changes.

The people were thoroughly convinced that the immunity once claimed by chiefs for crimes of their own, was at an end by an impartial trial by jury of one of that class in 1840, for the murder of his wife. He with an accomplice were both brought in guilty, and suffered the full penalty of the law, death by hanging. The foreigners also began to see that there was some virtue in the courts, by a fine imposed upon the English consul for riotous conduct.

The results of the Laplace treaty in removing the prohibition of ardent spirits were not so pernicious to the nation as was first anticipated. The immediate effect was bad. Natives of both sexes were seen reeling through the streets. But so much moral sentiment was brought to operate, that the government prohibited the natives from manufacturing ardent spirits, and finally the king and chiefs, in the spring of 1840, destroyed what store they had on hand, and pledged themselves to total abstinence. Numerous temperance societies were formed and considerable enthusiasm awakened on the subject. The pledges have in general been kept. The king and court continued strictly temperate, and the rules of government visit prompt penalty and disgrace upon any of their officers found guilty of violating their pledge.

While the nation was thus advancing in moral improvement and respectability, the government experienced constant annoyance from the arrogance and pretensions of Mr. Charlton, who was evidently concerting a collision between it and his own. The most frivolous complaints were willingly received, judged upon and made subjects of threats, before they had been referred to the proper tribunals or one word elicited in reply. In effect, he centered in himself at once, prosecutor, witness, judge and sheriff.

The courts of the country were constituted upon the best basis its means allowed. In ordinary mercantile cases, with the aid of foreign juries, where no national prejudices were involved or party interests at stake, they gave satisfaction. But in the struggle that was constantly going on between the rival interests of England and America – the one represented by Mr. Charlton, and virulently opposed to the government, and the other by the United States consul, Mr. Brinsmade, who willingly, with most of his countrymen, lent it efficient moral aid by complying with the laws, and treating its feeble endeavors to sustain order and promote civilization with respect – the nation through its courts suffered repeated assaults.

Mr. Brinsmade's predecessor, J. C. Jones, had been in the habit when offended of applying the epithets cheat, liar and other equally indecorous terms to the chiefs.

Complicated law suits arose, in which the principals were American and English. The decision of the governor of Oahu, its constitutional judge, being adverse to the English party, greatly embittered them. The involved estate of French and Greenway became another bone of contention, two Englishmen claiming to act as assignees, neither of whom were recognized by one of the principals, the other being insane, nor by the other creditors. The parties brought their cases into the court, where they were decided unfavorably to the claims of the self-styled assignees. These cases are merely referred to as having given rise to questions of jurisdiction, and being some of many others which after having led to the seizure of the group by Lord George Paulet, were decided upon in England by the law adviser of the crown in favor of the king.

In the spring of 1842, Sir George Simpson and Dr. McLaughlin, governors in the service of the Hudson Bay Company, arrived at the islands. Having extensive mercantile relations on them, they naturally felt interested in the stability of the government and its institutions. After a careful and candid examination into the merits of the existing controversies between their own countrymen and the native government, they came to the full determination of sustaining the latter with their powerful influence. Their agents were instructed accordingly. The king fearing the effect of the false representations of Charlton and his partisans, sought the counsel of Sir George Simpson, by whose advice and pecuniary assistance in a loan of £10,000, it was decided to send commissioners to Europe and the United States, with full powers to negotiate for an acknowledgment of the independence of the islands, and a guarantee against their usurpation by any of the great powers. Recognized as an independent nation, they would be freed from many vexatious interferences in their domestic polity, and questions of jurisdiction, which served no other end than to gratify evil passions and postpone justice. Mr. Brinsmade, the American consul, had left some months previous, on business of his firm – Ladd & Co. – carrying with him an extensive contract for grants and leases of lands under certain conditions, entered into with them, in November, 1840, by the king. On the strength of this he proposed to get up a joint stock company, which should develop the resources of the islands. Unless however the governments of Great Britain, France and the United States "acknowledged the sovereignty of the Sandwich Islands government and accord to it all the rights, powers and privileges and immunities of an independent state," the said contract was to be "null and void." Mr. Brinsmade thus bound himself to see this object secured previous to selling his contract.

The after history of this agency in Europe proved a lesson to the government not to involve itself under any pretences or hopes with the private schemes or speculations of mercantile firms. Ladd & Co. had been serviceable to the islands in being the first to introduce agricultural enterprises on an enlarged and systematic scale, by which the industry of the inhabitants was awakened and the resources of the country developed. Their sugar plantation at Koloa, Kauai, was creditable to their enterprise, and had been the means of giving a start to the production of sugar at several other points. Perceiving the real advantages derived to the country from this enterprise, and feeling desirous of sustaining and enlarging it, the government put Ladd c Co. at their solicitation, based upon the idea that their views were philanthropic, into possession of the contract before mentioned. They also advanced them large sums without a sufficient examination into their credit; a neglect arising from over-weening confidence, and which afterwards, failing to get their pay when due, proved very vexatious in the results. But previous to the contract, other sums had been loaned them. The knowledge of these facts naturally excited the jealousy of the English opposition. Sir George Simpson, Rev. William.Richards and Timoteo Haalilio, a native ehief, were appointed joint commissioners to proceed to the United States and Europe.

Sir George Simpson left immediately. The other two sailed in July, 1842, for Mazatlan, whence they proceeded direct to the United States. G. P. Judd, physician to the American Mission, long and intimately acquainted with the chiefs, was invited by them to supply Mr. Richards' place, acting as recorder and translator. Upon this occasion the mission passed the following vote:

"That as Dr. Judd has resigned his connection with the mission, we therefore express to him our high estimation, of lus past services, and affectionately request him to co-operate with us in furthering all the grand objects of the mission, so far as he can consistently with his new engagements."

Mr. Judd was further appointed President of the Treasury Board, and to correspond with the commissioners abroad. Upon assuming the duties of the treasury, he immediately introduced a system of reform, which by husbanding the financial resources redeemed the credit of the government. Previous to his advent into office, the sums collected were received by the governors, tax-officers and chiefs, and expended very much at their option without accountability of any kind. It was a system useless to the nation and expensive in its results. Under it any amount of peculation prevailed, though with the ideas of the chiefs it could scarcely be called by that term, as they all claimed the right to help themselves from the public crib. In its stead a rigid economy was exacted. Books were opened; revenues collected and deposited in the treasury; accounts kept with all public officers; useless mouths cut off; services alone were paid for; salaries established; the public debts made up; national property distinguished from individual; in short, a system admirably calculated to gain the confidence of the community and to benefit the nation arose out of the confusion and bankruptcy that prevailed before. This was not done without murmuring or discontent from those whose sinecure offices were now at an end. But the perseverence of Mr. Judd triumphed over all obstacles, and the statistics of the treasury since have told a flattering story.

In September, 1842, Mr. Charlton, fearing the results of the embassy of Messrs. Haalilio and Richards upon his own office, left his consulate surreptitiously for London via Mexico, to lay his complaints before the British government. Mr. Alexander Simpson, his friend and appointed successor, says of him in his history of these events, " he did not possess the qualifications necessary for a diplomatist coolness, discretion and an abstinence from party heats and personal animosities."

Mr. Charlton's career was terminated by his own act. He had no sooner arrived in London than he was removed from his situation under circumstances of disgrace. The Earl of Aberdeen considered the finale of his diplomacy as intemperate, improper and ill-judged, calculated to do great mischief and to produce in the minds of the king and his advisers, whether natives or foreigners, a resentful feeling not only against Mr. Charlton, but against the British government and their subjects. These sentiments are authentic, and clearly show that it was no part of the policy of England that her commissioned officers should insult even Hawaiian majesty.

The king declined receiving Alexander Simpson as vice-consul. The grounds of his refusal, in the words of his officer addressed to him, "were because you despise the authorities of the kingdom and say you are going to make disturbance in the kingdom." Mr. Simpson fully justifies the king in believing him to be a seditious character in his own work, where he states, "From the period of my first visit to the Sandwich Islands, I became convinced of their value and importance, and, therefore, desirous that they should form a British possession" Mr. Simpson immediately called a meeting of the favorers of his views, who passed a resolution favorable to his exercising the duties of consul, which he continued to do, unnoticed by other consuls and unsanctioned by the king.

His ambition being to make the islands an appendage of the British crown, he industriously fomented difficulties and devised means to effect this favorite project. Through his influence, memorials purporting to come from British residents, but notoriously signed by individuals of no note, were forwarded to his government.

At this time, Mr. Pelly, agent of the Hudson's Bay Company, instituted a suit for nearly £3,000 against Mr. Charlton, for a debt due parties in Valparaiso since 1832. The case was brought before a foreign jury and a verdict given against Mr. Charlton, whose property was attached by order of the court for payment. On his way to England, Mr. Charlton had fallen in with Lord George Paulet, commanding H. B. M. frigate Carysfort, and by his representations interested his lordship in his views. Simpson had also sent dispatches to the coast of Mexico, which induced Hear Admiral Thomas to order the Carysfort to Honolulu, for the purpose of inquiring into the matter. She arrived on the 10th of February, 1843, before the sale of Charlton's property had taken place. Simpson immediately went on board to concert measures with Lord George, who, from his entire acquiescence in his plans, appears to have been wholly won over at this interview to sustain them. The authorities on shore suspected there was no friendly feeling, from the withholding the usual salutes. Mr. Judd, on behalf of the government, made an official call on board, but was informed he could not be received. Visits from the French and United States consuls were similarly declined. Captain Paulet addressed the governor, informing him that he wished to confer with the king, who was then absent.

The king arrived from Maui on the 16th, and on the next day received the following letter and demands from Lord George Paulet:

H. B. M.'s SHIP CARYSFORT,

OAHU, 17th February, 1843.

 

SIR: In answer to your letter of this day's date which I have too good an opinion of your Majesty to allow me to believe ever emanated from yourself, but from your ill-advisers I have to state that I shall hold no communication whatever with Dr. G. P. Judd, who it has been satisfactorily proved to me has been the punic mover in the unlawful proceedings of your government against British subjects.

 

As you have refused me a personal interview. I enclose you the demands which I consider It my duty to make upon your government; with which I demand a compliance at or before 4 o'clock, P. M,, to-morrow Saturday otherwise I shall be obliged to take immediate coercive steps to obtain these measures for my countrymen.

 

I have the honor to be your Majesty's most obedient, humble servant,

 

GEORGE PAULET, Captain.

 

His Majesty, KAMEHAMEHA III.

 

DEMANDS MADE BY THE BIGHT HONORABLE LORD GEORGE PAULET, CAPTAIN ROYAL NAVY, COMMANDING H. B. M.'s SHIP CARYSFORT,UPON THE KING OF THE SANDWICH ISLANDS.

 

First. The immediate removal, by public advertisement, written in the native and English language, and signed by the governor of this island and F. W. Thompson, of the attachment placed upon Mr. Charlton's property; the restoration of the land taken by government for its own use, and really appertaining to Mr. Charlton; and reparation for the heavy loss to which Mr. Charlton's representatives have been exposed by the oppressive and unjust proceedings of the Sandwich Islands government.

 

Second. The immediate acknowledgment of the right of Mr. Simpson to perform the functions delegated to him by Mr. Charlton; namely, those of Her Britannic Majesty's- acting consul, until Her Majesty's pleasure be known upon the reasonableness of your objections to him. The acknowledgment of that right and the reparation for the insult offered to Her Majesty through her acting representative, to be made by a public reception of his commission and the saluting the British flag with twenty-one guns, which number will be returned by Her Britannic Majesty's ship under my command.

 

Third. A guarantee that no British subject shall in future be subjected to imprisonment in fetters, unless he is accused of a crime which by the laws of England would be considered felony.

 

Fourth. The compliance with a written promise given by King Kamehameha to Captain Jones, of Her Britannic Majesty's ship Curacoa, that a new and fair trial would be granted in a case brought by Henry Skinner, which promise has been evaded.

 

Fifth. The immediate adoption of firm steps to arrange the matters in dispute between British subjects and natives of the country, or others residing here, by referring these cases to juries. One-half of whom shall be British subjects, approved by the consul, and all of whom shall declare on oath, their freedom from prejudgment upon, or interest in the cases brought before them.

 

Sixth. A direct communication between His Majesty Kamehameha and Her Britannic Majesty, acting consul, for the immediate settlement of all cases of grievances and complaint on the part of British subjects against the Sandwich Island Government.

 

Dated on board H. B. M.'s ship Carysfort, at Oahu on this 17th day of February, 1843

 

GEORGE PAULET, Captain.

Captain Long, of the United States ship Boston, then in port, was informed by letter, at midnight, of the anticipated attack of the British commander.

But peaceful councils at last prevailed. It is in such emergencies that the real influence of the missionaries becomes apparent. The natural desire of chiefs and foreigners was to resist at all hazards; but the entire indoctrination of the mission, animated by the peaceful principles of the Gospel, had been of that nature that depends more upon the sword of the spirit than the arm of flesh. Desirous of avoiding the unhappy consequences of strife and bloodshed, and relying, through Providence, on the justice of the nation's cause and the magnanimity of the Queen of Great Britain, they counseled peace. Shortly before the hour of commencing hostilities had arrived, the king dispatched a letter to the Carysfort, informing Lord George Paulet that he yielded to his demands, under protest, and had appointed Sir George Simpson and William Richards as his commissioners to the Court of Great Britain to settle the pending difficulties.

His majesty appointed February 20th, at eleven o'clock, A. M., to receive Lord George and the vice-consul. On the same day  that the king notified Lord George of his acquiescence to his demands, in conjunction with the premier he protested against his acts in these words:

WE, KAMEHAMEHA III., King of all the Sandwich Islands, and KEKAULUOHI, Premier thereof, in accordance with the laws of nations, and the rights of all aggrieved Sovereigns and individuals, do hereby enter our solemn act of protest before God, the world, and before the Government of Her Most Gracious Majesty, Victoria, Queen of the United Kingdoms of Great Britain and Ireland:

 

Against the Right Hon. Lord George Paulet, Captian of H. B. M.'s ship Carysfort, now lying in the harbor of Honolulu, for all losses and damages which

may accrue to us, and to the citizens of her countries residing under our dominion and sovereignty, in consequence of the unjust demands made upon us this day by the said Right Hon. Lord George Paulet enforced by a threat of coercive measures, and an attack upon our town of Honolulu, in case of a non-compliance with the same within a period of nineteen hours; thereby interfering with our laws, endangering the good order of society and requiring of us what no power has a right to exact from another with whom they are on terms of peace and amity:

 

And we do solemnly protest and declare that we the Sovereign authority of these our islands, are injured, grieved, abused and damaged, by this act of the said Right Hon. Lord George Paulet, and we hereby enter our solemn appeal unto the Government of Her Most Gracious Majesty, represented by him, for redress, for justification, and for repayment of all said losses, damages and payments which may in consequence accrue unto us, or unto the citizens of other countries living under our jurisdiction.

On the 20th the king and the premier visited the Carysfort and were received with royal honors. This courtesy, however, was but a prelude to a further

The peculiar nature of the official intercourse of the British officers with the king, is best illustrated by extracts from a journal of the interviews kept at the time on behalf of the native government.

February 22d. Simpson insisted the Dominis case should be re-tried. No plea that it had been done, and that the parties had settled and passed receipts, was to be admitted. The government must plead the case, and pay all that a jury should bring in over the $10,000 which had been paid by Captain Dominis to Mr. Skinner.

 

Next, a claim of $400 for a chronometer, alleged to have been detained by the harbor master, an American, (which he denied,) and in consequence Mr. Skinner had to purchase another. The king said he was not acquainted with the facts. This was considered an acknowledgment of his incompetence to be sovereign.

 

A demand that either Kekuanaoa or Dr. Judd be set aside as the author of a falsehood.

 

Next, a detailed account of the legal proceedings against Simpson and Skinner, and the blame thrown on the governor and the courts. The king said he was not acquainted with the facts in the case. This was denounced as a strange neglect, and no statement to the contrary could be admitted. " Insisted on the immediate reversal of the decision of the courts. The king must do it. He ought to know the merits of the case. He must pay damages." The object of Simpson, to drive the king to despair by the magnitude and unreasonableness of his demands, was fast gaining ground. Still it was acknowledged, and is on record, that previous to the last act in this semi-tragical drama, it was necessary to obtain the official acknowledgment of the king to all the pecuniary claims he brought forward in his own behalf and those of his interested supporters. Should the government be transferred previous to this, they would be as valueless as they were unjust, which afterwards proved to be the case, as all previous complaints were quashed, and no British subject allowed to bring a grievance against the new government.

 

By this course Simpson was converting what under any circumstances would have been an unjustifiable robbery, into contemptible swindling. In his eagerness he overshot the mark, though not before he had intimidated the king into ratifying a claim which Charlton had set up on the strength of an alleged deed from Kalaimoku, in 1826, to a valuable portion of the town of Honolulu, near the water side, then covered with native houses, and partially owned and built upon by foreigners. This pretended deed had been kept in abeyance for more than twenty years, unheard of by chiefs, and not brought forward until long after the alleged signer and witnesses were dead. By the unanimous testimony of natives and foreigners, Charlton was never considered as having owned one foot of this land. The adjoining property, separated by a street, although given to the English government, by the order of Kaahumanu, in. 1S26, was still in his undisturbed possession. The land to which he now laid claim belonged, by the most undoubted testimony and by continuous possession, to Kaahumanu and her heirs. Kalaimoku, the alleged granter, had never owned it. More than one hundred natives had lived on it ever since Charlton came to the islands. Yet in face of these well-known facts, Lord George sustained this claim, and through fear of an attack upon his town, induced the king to sign the more than doubtful paper. For even those who conjectured that the signatures might be genuine, were far from supposing that the deed was valid, as it pretended to no consideration, its boundaries were dubious, the circumstances under which it appeared were suspicious, and none believed that Kalaimoku ever signed such a document with a knowledge of its contents. It was contrary both to his habits and power. The weakness of the king in consenting to a ratification of such a fraud upon his territory is lamentable; being wrong in itself, no considerations of force or threats should have availed. But it was done, and a most fruitful diplomatic sore has it since proved between England and this country.

 

The journal of this period, kept by Mr. Judd, so fully illustrates the policy which brought the country into the hands of England, that I quote largely from it, as the most authentic record extant of the actual feelings and dispositions of the king and chiefs, and the various motives operating upon their minds. It is a humiliating confession of weakness, and cannot fail to enlist the sympathies of readers. Sufficient firmness was wanting to give a decided refusal to the treacherous demands of Simpson. Whether force would then have been used is doubtful. If it had, the unauthorized acts of Lord Paulet would have been purely piratical; and on whomsoever the evil might have fallen, the disgrace would have been solely his. Expediency, and the fear of the consequences were English blood shed and the rabble let loose upon the town, decided the question. Aided by the advice they most confided in, which was of a missionary nature, the chiefs chose what they considered the more prudent measure. It savored somewhat of impotent despair on the part of the king and premier, that if they would avoid Sylla they must rush upon Charybdis – save themselves from France by giving themselves to England.

 

24th – A meeting having been arranged for 10 o'clock, A. M., the king requested me to visit Lord George, and say to him that he could bear this course no longer; he would give up and let them do as they pleased, etc., etc. I accordingly met Lord George and Simpson in the street, coming to the meeting; said I had a message from the king, that he was sick. I went with them to the consular office, where I was left alone with Simpson. I said, the king feels himself oppressed, broken down, ruined, and, to use his own expression, a dead man; that he had been up all night, and was sick; that he had determined to give up; that if he, Simpson, persisted in his present course, ruin would follow; that the king could not undo by his own act the action of the courts, and enforce these claims without time to modify the laws. I begged him to desist, and give time to modify the laws and act with consistency. He would allow juries to be composed of half Englishmen in case their interests were concerned. The Dominis case had been disposed of according to the king's written promise to Captain Jones. Moreover, since that time, the parties had settled by amicable arbitration. That to require all the late decisions of the legally organized courts to be set aside by the act of the king, would be illegal and oppressive on the part of Mr. Simpson, and decidedly oppressive on the part of the king, and would justly involve him both with Americans and French, etc., etc. Simpson replied that the English had been treated harshly, and consequently the government must suffer. His course could not be altered.

 

Went with Lord George and Simpson to the council; acted as spokesman; reiterated the above, and added, the king was determined to hold out no longer; do what you like, take the islands, but do not force him to acts of injustice; it would be cruel in the extreme, better take all. Lord George replied, that his demands were not unjust, he acted on the best information and testimony. I said, I know that you think so, but I assure you that such is not the opinion of the government. The king remarked that he did not think that his government had done wrong. I said, we must be heard; your information is incorrect; we appeal to Great Britain; take the islands, we will yet have justice. Lord George replied that he did not come to take the islands. I said, you had better do it than pursue these subjects further in this manner. He or Simpson said that they could only act on a request of the king, and it must be in writing. Said I, let all proceedings be stopped; let the government have time to reflect, and I think they will come to the conclusion that it is better for you to take the government of the islands than to go on any further. But we must have time; you drive the king to distraction, and I fear that he will cede the islands to France, as he has been invited to do. Simpson said he would not allow much delay. Lord George said, two or three days and no more. Simpson said, to-morrow noon, and if it was not done, he should expect the Dominis case to be tried on Saturday. I observed that the time was too short. Monday then at the furthest. We went into certain explanations as to the manner of doing the thing, and I wrote down in pencil the following:

 "In consequence of the difficulties in which the Sandwich Islands are involved, and the impossibility of complying with the demands made by Her Britannic Majesty's representative in the form in which they are presented, we cede [the government of] our islands to Lord George Paulet, etc., etc., for the time being, subject to any arrangements that may have been entered into with the government of Great Britain, and until intelligence shall have been received, and in case no arrangement shall have been made previous to date, subject to the decision of Her Majesty's government on conference with the ministers of the Sandwich Islands government, after a full report of our affairs shall have been represented to Great Britain; and in case the ministers are rejected by Her Britannic Majesty, then subject to any arrangements which may be entered into."

Simpson took the paper and walked in the verandah with Lord George, and returning, said that would do; he would make a copy with a very few verbal alterations. It was arranged that the chiefs should have an opportunity to consider these things, and an answer to be given tomorrow noon. Lord George and Simpson left. King and Auhea sat with astonishment and misery. Discussed awhile in council, when I left them in order to take some refreshment. When I returned, I found them anxious to gain further information. The subject of ceding to France and the United States was a ray of hope which seemed to gleam across their dark path, but they foresaw that under such circumstances they would still have this fury Simpson to deal with until the French took possession, and he would doubtless involve them in more trouble, and their cause become too bad to admit of justification. France is still acting a hostile part towards them. Charlton and Simpson arc their enemies, but England is their friend. To England they look up with the most filial affections. France is picking a quarrel with them now, and complaints are now in existence which will make more trouble. If the claims of Simpson are allowed, the laws will suffer, and the nation be weakened so much that France will leave them nothing. England can defend them from France, and to cede to France would be to say England had no right here, which is to the government more than doubtful, reckoning right as the nations do. This might be considered an act of treachery.

 

May be that their independence is secured already; if so, a forcible possession on the part of either would annul it. A cession would not, if made with provisos.

 

In the evening I went for Lord George, who, together with Simpson and Dr. Rooke, came. Regulated a few points respecting the course he should pursue in case he took possession. Informed them that we should take every possible step to justify the government and get back the islands, and demanded a pledge that such exertions be not considered an act of hostility to them.

 

 

It was agreed that a decision should be made by 12 o'clock on the 25th. Lord George went away. Every possible view of the case was taken up by the council, and the result seemed to be to give up the islands on the terms proposed.

 

25th – The king sent for me before breakfast. Wished to know what I thought of the old proposition of ceding to France and the United States. I said I feared it would involve the government in great trouble. The French admiral would soon be here and take possession, which would excite hostility between Catholics and Protestants; meanwhile Simpson would continue his course of conduct, and the difficulties would become inextricable. Give yourself into the arms of Great Britain, trust to the generosity of that great and good nation, you may have the benefit of the intervention of France for the adjustment of difficulties and the security of your independence. Let them take possession, and then you can represent your case in full. Lord George called, informed him that the matter was nearly decided. One of the propositions that came from me was waived, viz: that a commission be appointed to adjust the claims of British subjects.

 

Dudoit called, and many others. Every argument used to induce the king to cede to France and the United States. Sat down to put the documents into form. The king proposed to make a speech, I said they could make that out among themselves, which they did. Deed of cession being ready, the chiefs came in and it was read. Sorrow and distress marked every countenance. 1 was asked to pray. During prayer, sighs suppressed were often heard. I committed the case to God, imploring His blessing on the step about to be taken as the only peaceful alternative for the nation, etc., etc. When I rose, not an individual left his knees for a full minute, and then I saw that tears had come to their relief. They sat in silence for a moment, when the king arose, and with a firm step seized a pen and subscribed his name. "Let it go," said he;

 

"If I get help I get it, if not, let it go. I can do no more." The premier then added her signature.

 

Having decided upon a provisional cession of his dominions to Great Britain, the king announced the event to his subjects in a touching proclamation:

Where are you, chiefs, people and commons from my ancestors, and people from foreign lands ! Hear ye ! 1 make known to you that I am in perplexity by reason of difficulties into which I have been brought without cause; therefore, I have given away the life of our land, hear ye ! But my rule over you, my people, and your privileges, will continue, for I have hope that the life of the land will be restored when my conduct is justified.

 

Done at Honolulu, Oahu, this twenty-fifth day of February, 1843.

(Signed,) KAMEHAMEHA III.

KEKAULUOHI.

At the request of Lord George, Mr. Judd was appointed by the king as his deputy. Mr. Judd positively declined to undertake the responsibility, and the king then appointed William Paty, Esq., whom Lord George refused to receive. Upon the renewed solicitation of the king, that he could do much for the nation and his interests, and a written assurance from Lord George that his services were required in the new administration, Mr. Judd consented to act, the king authorizing him to employ Mr. Paty in his other duties. The night of the cession the king went to Maui, and officers were sent the next day to hoist the British flag on the other islands.

Disturbances between the English soldiers and natives commenced immediately, but were quelled by prompt action on the part of the native authorities. The policy of the chiefs was to preserve order and await the decision of England. The foreign residents were, however, restless under the new rule. No respect was shown the British officers, and their conduct was loudly execrated. The French consul refusing to acknowledge the new government, his official functions were suspended.

The commission immediately issued a proclamation, levying an additional duty of one per cent, on the previous duty of three, ad valorem, on imported goods; all lands held by whites were required to be registered previous to June 1st; new registers were granted to vessels owned by foreign residents, putting them upon the same footing as British bottoms’ and some alterations were made in the municipal law. Mr. Judd refused assent to many of these measures, so that the new commission was far from acting harmoniously.

On the 11th of March, Mr. Simpson left Honolulu for England, in a vessel belonging to the king, with dispatches to the foreign office from Lord George Paulet. The king and chiefs, desirous of being represented at London on an occasion of such vital importance by an agent of their own, ordered Dr. Judd to look for one. Mr. J. F. B. Marshall, an American gentleman resident at Honolulu, was applied to. Having consented to go, secret instructions were given him; his commission and papers were signed by the king at Waikiki, who came from Lahaina for that purpose, and stopped there to avoid meeting the British Commission. Without disclosing his agency to Simpson, Mr. Marshall was allowed passage in the same vessel, by which he carried the news of the cession, via Mexico, to the United States and England.

Notwithstanding the solemn stipulations on the part of Lord George Paulet to respect existing laws and engagements, repeated efforts were made to violate their spirit. The populace, impatient under the new rule, became less tractable daily. Great efforts were made to get up a native British party. Men were bought by promises and gifts. The loose practices of former times were partially winked at. The auction laws were altered, and heavy duties imposed. The wholesome regulations regarding lewdness and other common vices were repealed. Boat-loads of prostitutes were allowed to visit ships in the harbor as in the days of Liholiho. Indecorous and disgusting scenes were witnessed in the streets at noon-day.* Soldiers were enlisted under the name of the Queen's regiment, and officers commissioned. The king and his chiefs were repeatedly insulted. Every effort was made to seize the national treasury and records. Illegal orders on the former were presented. Mr. Judd was formally informed by Lord George, that unless he honored his drafts, he should be dismissed from office, and some one put in his place who would be more pliant. The authority of the courts was prostituted; in short, anarchy and violence began to appear, and it was evident that the British officers, rioting in their brief and ill-gotten authority, respected no compacts and acknowledged no guides beyond their own wills. Mr. Judd, anxious to preserve the authority of the king as long as possible for the good of his people, held his office until the 10th of May, when entering a solemn protest against the acts of Lord George Paulet, he withdrew from the commission, absolving the king from all further responsibility or connection with its doings. This act was formally approved by the king and premier. On the 24th of June following they issued a proclamation, charging the commissioners with having maintained soldiers not called for by any exigencies of the country, "out of funds appropriated for the payment of our just debts," and "violating the laws which, by the treaty, were to be held sacred," and of other mal-practices, calling the world to witness that they had " broken faith with us-," protesting in the face of all men against all such proceedings both towards themselves and foreigners.

After this withdrawal of the king, affairs daily became more uneasy between the natives and resident foreigners and the British force. Mr. Judd fearing imprisonment and the seizure of the national records, withdrew them from the government house, and secretly placed them in the royal tomb. In this abode of death, surrounded by the sovereigns of Hawaii, using the coffin of Kaahumanu for a table, for many weeks he nightly found an unsuspected asylum for his own labors in behalf of the kingdom. It required no small degree of prudence on the part of one so influential and beloved among the natives to prevent an actual collision between the hostile parties. With unshaken reliance on the justice of England, the chiefs impatiently awaited her decision. On the 6th of July the United States ship Constellation, Commodore Kearney, arrived.

He immediately issued a public protest against the seizure of the islands. The presence of a ship of war of a nation friendly to their sovereign rights was encouraging to the chiefs. Commodore Kearney on all occasions treated them as independent princes. This courtesy exasperated still further Lord George, who wrote the king that if he should suffer himself to be saluted under the Hawaiian flag, he would forfeit all consideration from Her Majesty's government. The king came from Maui on the 21st to hold communication with Commodore Kearney. So much irritation was now manifested on both sides, that a violent explosion must soon have occurred, when unexpectedly to all, on the 26th of July Rear Admiral Thomas, in the Dublin, frigate, arrived from Valparaiso, from which place he had made all possible speed on receiving the dispatches of Lord George. The design of his visit was at first doubtful. He lost no time however in making known his intentions. In a few hours it was understood that he came to restore the i islands. The joy of the natives and foreigners was unbounded, the mortification of the Simpson party extreme. The renegade natives feared for their heads.

Negotiations were promptly opened with the king by the admiral, and at an interview on the 27th, the terms of the restoration were agreed upon. The 31st of July, a day ever memorable in Hawaiian annals, was the time appointed for the world to witness England in the person of her gallant and worthy officer, restoring to the petty sovereign of the Hawaiian Islands his prerogatives and his dominions. It was done in great good taste. The weather proved auspicious, and the entire population, white, and native, except the few who, sad and disappointed, sympathized with the commander of the Carysfort, poured forth en masse on to the plain east of the town to participate in the general joy and witness the ceremonies.

On this occasion, the foreign residents who had stood by the king so warmly through all his distress, gave unbounded testimony of their sincere satisfaction of his restoration to authority. A tent was prepared for the ladies. At 10 o'clock, A. M., several companies of English marines were drawn up in line facing the sea, with an artillery corps on their right. The king came escorted by his own troops. As his royal standard was unfurled under a salute of twenty-one guns; from the brass pieces of the Dublin's corps, the English ensigns at the forts were lowered and the Hawaiian colors re-hoisted. National salutes were then fired successively from the Dublin, Hazard, Carysfort and Constellation men-of-war, and the two forts and shipping in the harbor. After a review of the military, the king returned to his house, and ordered the native troops raised by Lord George to appear before him. They were required to salute the king's flag and to swear fealty to their lawful sovereign. Those officers who had received British commissions came forward and kissed the king's hand. At one o'clock the king attended divine service at the stone church, where he addressed his people, informing them that "the life of the land" had been restored to him. Mr. li followed his majesty in a spirited address, announcing in the name of the king a general amnesty, the release of all prisoners, and a festival of ten days for the people. During this period the residents manifested their satisfaction by balls and entertainments, attended by the chiefs and the officers of the numerous men-of-war in port. Before the festival was over, the United States ships United States, Commodore Jones, and the Cyane, Capt. Stribling, arrived. The last brought the news of the recognition of independence by England and France. Efforts were made to effect a general reconciliation among all parties, and all pending difficulties were left to the adjustment of the king's commissioners with the powers abroad.

Notwithstanding the handsome manner in which Admiral Thomas, before hearing from his government, undertook to restore the king to his sovereignty, in his diplomatic arrangements he required stipulations highly favorable to British interests and calculated to be embarrassing in execution to the king. As these however were to be but of temporary effect, the king gave them his assent, trusting for independence in reality as well as in name, from the exertions of his agents in Europe. The admiral, as if apprehensive that even his cautious policy might not be wholly acceptable to his government, moved his flag on shore, where he was received as the nation's guest, and awaited advices from England. His presence was favorable to harmonizing parties and to preserving the tranquility of the kingdom.

The policy of the provisional cession to Great Britain has been much questioned, but viewed as to its results and a cool examination of the alternative at the time as impressed upon the minds of the chiefs, it must now be allowed to have been a sagacious act. The natural impulse among all classes was to resist such aggravated injustice; but those who felt thus, reasoned that to have done so, would have played the part of Simpson, who ardently desired to drive matters to that crisis, that English blood having been shed, the kingdom should fall by conquest. Resistance or retaliation, however just, on the part of savage nations towards civilized, is always viewed as wanton aggression. England herself has given an instance of this in her late contest with the natives of New Zealand, The act which led to the vengeance exercised by Capt. Wilkes, of the United States Exploring Expedition, at the Fiji group, by. which so many unhappy wretches were slaughtered, originated in the unjustifiable detention of a native against his will; the attack on the officers being the savage thirst for revenge on the part of the chief, the father of the captive, who in an attempt to escape was fired at, and supposed to have been killed. So Cook, in 1779, lost his life by the natives in defence of their chief. A country won under the specious glory of arms, arouses the pride of the conquerors, and the iniquity of the aggression is lost sight of in the self-satisfaction of the acquisition; or else lives and treasure having been lost in the undertaking^ and the notice of other nations attracted, it becomes a matter of honor to persevere. No nation willingly confesses- itself in the wrong. The French at Tahiti illustrate this principle. Simpson was well aware of the force of an appeal written in blood to the pride of his nation. He says, "Indeed I cannot but regret now, seeing the undecided action of the British government, that some act on the part of Lord George Paulet had not left any other conclusion open, than that the dynasty of Kamehameha must cease to reign."

Passive resistance it was feared would have been attended with evils scarcely less threatening to the rights of the king than active hostilities. The demands might have been wholly negatived and Lord George compelled to hostilities. Unopposed, one gun would have been sufficient to have given the character of force to the possession. But the chiefs felt that that gun would have been the signal that the native authority was at an end, and lawless whites inciting the rabble, stood ready to burn and plunder. In the melee, the town would have been consumed, property destroyed and lives lost; the responsibility of which acts, although the direct result of Lord George's aggression, would have been placed upon them. There was reason to fear that, winking as the English ministry did at the French usurpation at Tahiti, had their flag been raised here through bloodshed, it would never have come down. The plan to evade the intention of Lord George by a joint cession to the United States and France was impracticable. Captain Long, to whom it was notified, confessed his inability to do anything beyond reporting the fact to his government. There was no French officer present to have availed himself of a possession his country coveted. Had there been, and the French flag raised, English blood would not have brooked the interference at such a crisis, and another subject matter for quarrel would have been added to the long catalogue between the two countries. Before any action on the part of the Congress of the United States could have occurred, either France or England would have forcibly possessed themselves of the islands, or both landing have engaged the natives in a civil war. The- actual employment of force under any circumstances by any party, it was considered would inevitably have lost the king his crown; hence, with such views, the policy adopted, emphatically a peaceful one and appealing to the compassion of a brave nation without exciting its pride, was judicious. In the event of its failure to render justice, the Hawaiians would have preferred English to French rule, from the greater intimacy with that nation and the implied guardianship which since Vancouver, she had been supposed to exercise over them. Whatever credit then may be supposed to arise from the mode of the cession, by which so powerful an adversary was disarmed, it belongs- in chief to Mr. Judd, with whom the form originated, and who, rather than countenance any of the other plans proposed, offered to resign his commission into the king's hands.

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