1864 Constitution of the Kingdom of Hawaii

The Constitution of 1864 of the Kingdom of Hawaii (Hawaiian Hawaiokinai) was a rewrite of the 1852 constitution issued by King Kamehameha III. It dramatically changed the way Hawaii's government worked by increasing the power of the king and changing the way the kingdom's legislature worked. It was Hawaii's constitution from 1864 through 1887, during the reigns of kings Kamehameha V, Lunalilo, and Kalākaua.

Background

Kamehameha V ascended the throne in 1863. He was a firm believer that the king should be the person firmly in control of Hawaii's government, as it had been done in Hawaii for hundreds of years before the passage of the 1840 and 1852 constitutions. Kamehameha V (as well as his predecessor, Kamehameha IV) was often irritated by the controls on his power by the 1852 constitution.

Thus, when Kamehameha V ascended the throne, he refused to take an oath to the 1852 constitution. Instead, he called for a constitutional convention.

The Constitutional Convention

For the convention, delegates were elected by the population. They met at Kawaiahaokinao on July 7, 1864.

Kamehameha V, conferring with his advisors, drafted a constitution and presented it to the delegates of the Constitutional Convention. The members of the convention, however, were not able to agree on Kamehameha V's constitution. Their main concern was of Kamehameha V's new voting requirements.

Kamehameha V quickly grew impatient and dissolved the convention. Then, he simply announced that his constitution would replace the 1852 constitution as the ultimate law of the land, even though Kamehameha V's actions did not follow the provisions set by the 1852 constitution on amending the constitution.

Changes in Hawaiokinai's Government

The Constitution of 1864 brought several changes to Hawaii's government. Among these changes were:

*Abolishment of the office of "kuhina nui" (Hawaii's version of the Prime Minister), an office that Kamehameha I created upon his death.
*Change of Hawaii's legislature from a bicameral legislature to a unicameral legislature. Prior to 1864, there were two separate houses in the legislature: The House of Nobles and the House of Representatives. After 1864, the Nobles and Representatives met together as a single body, known as the Legislative Assembly.
*Property requirements for representatives were set up.
*New voting requirements. Voters born after 1840 had to pass a literacy test and meet certain property requirements. However, the property qualifications for both voters and representatives were repealed by the Legislature in 1874. [http://www.alohaquest.com/arbitration/constitutional_government.htm]
*Increase in the power of the King and his Cabinet.

References

Potter, Norris W. and Kasdon, Lawrence M. "Hawaii, our Island State". Columbus, Ohio: Charles E. Merrill Books, Inc., 1964.

External links

* [http://www.hawaii-nation.org/constitution-1864.html Text of the Kingdom of Hawaii's Constitution of 1864]

* [http://hooilina.org/collect/journal/index/assoc/HASHe7d7.dir/5.pdf 1864 Constitution] (scanned images)

* [http://hooilina.org/cgi-bin/journal?e=d-0journal--00-0-0-004-Document---0-1--1en-50---20-frameset-search-issue---001-0110escapewin&a=p&p=frameset&d=HASHe7d7c93d84511b86ea5ca7.5.1.3 1864 Constitution] (Full text, with access to the English translation, and other resources)