Identity area
Reference code
Title
Date(s)
- 1848-1900 (Creation)
Level of description
Series
Extent and medium
7.3 cubic feet in 16 5-inch boxes, and 4 oversize volumes.
Context area
Name of creator
Administrative history
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu.
Name of creator
Administrative history
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu.
In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.
Name of creator
Administrative history
The Supreme Court established by the Constitution of 1840 was abolished in December 1852 and reestablished by an 1853 act which mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court consisting of the three members of the former Superior Court. Pending cases in both courts were taken up by the new one
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu. The term Intermediary Court continued to be used when a Supreme Court Justice presided in that role.
In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.
Repository
Archival history
Immediate source of acquisition or transfer
Content and structure area
Scope and content
Contains cases 1 through 225, index, and minute books. Case numbers 146 through 174 were not used by the court.
Case files generally contain libel complaints, warrants, bonds, petitions, monitions (summons), bill of costs, motions, subpoenas, notices of motion for hearing, statements of claim, claims, accounts, affidavits, appeals, testimony, proceedings, judgments, satisfactions of judgment, decisions of the court, briefs, agreements between parties, depositions, exhibits which may include report of survey on a vessel, cargo lists, passenger lists, crew member rosters, maps, and drawings depicting locations of vessels in port. Appeals from the district or police court contain the lower court records relating to the case.
Cases involve violations of port regulations, claims against vessels for damages and lost cargo in collisions, claims by businesses and shipping agents against vessels to recoup cargo losses, claims for wages by the crew of a vessel, claims for lost personal property, smuggling, and libel for salvage.
Cases were heard by a First Circuit Court judge or Supreme Court justice in chambers. The minute books document the admiralty proceedings heard in chambers and contain holograph copies of claims, complaints, affidavits, orders, judgments, decrees, petitions, lists of property, and court costs. Disputes between merchants and shipping agents against vessel owners, disputes between the ship’s crew and vessel owners, and disputes between vessel owners are commonly found throughout the records.
Admiralty cases were not heard in the circuit court after 1900, when the Hawaiian Islands became a territory of the United States. Jurisdiction over maritime cases resides in federal district courts.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Arranged in the following order: case files, index, and minute books. Case files are arranged numerically. The index to case files is arranged alphabetically by names of plaintiffs and defendants and provides the case file number. Minute book indexes by name of plaintiff and libellee are located at the beginning of each volume. The minute books are arranged chronologically.
Conditions of access and use area
Conditions governing access
Conditions governing reproduction
Language of material
Script of material
Language and script notes
Physical characteristics and technical requirements
Finding aids
Uploaded finding aid
Allied materials area
Existence and location of originals
Existence and location of copies
Related units of description
Notes area
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Status
Level of detail
Dates of creation revision deletion
Created on 1994-06, P. Lai
Revised on 1996-10, 1996-11, 1997-04, 2001-06, and 2002-06
Additions on 2002-11, A. Hoof
Language(s)
- English
Script(s)
Sources
Archivist's note
1994-06, P. Lai: Created
1996-10, 1996-11, 1997-04, 2001-06, and 2002-06: Revised
2002-11, A. Hoof: Additions
2020-09-09, Joel Horowitz: Entered into AtoM