Legislature of the Hawaiian Kingdom

Corporate body

Legislature of the Hawaiian Kingdom

1840-1893

King Kamehameha III granted the first Constitution of the Hawaiian Islands on October 8, 1840. This date, which divides the history of the Kingdom into pre-constitutional and constitutional periods, is also the birthday of the Legislature of Hawaii, which assembled for the first time in Lahaina, Maui, from November 2 through 14, 1840.

The Constitution of 1840 named sixteen individuals, called "Nobles," to sit in government councils and provided that "No law of the nation shall be passed without their assent." It further specified that the council was, inter alia, to "...assemble annually, for the purpose of seeking the welfare of the nation...[and] transact such other business as the King shall commit to [it]." The Constitution of 1840 also established a representative body "...chosen by the people..." who were to "...sit in council with the Nobles and establish laws for the nation." The same document specified that the Nobles and representatives were to meet as separate bodies, although there is no evidence that they did so until 1851. The Constitution did not formally name the legislative body, but referred to it as the Nobles... and the representative body." They called themselves the "Legislative Council." Only Nobles met in the first session of the legislature, but they passed the law which set the number of representatives at seven, specified the islands from which they were to come, and established the manner by which they were to be chosen. Two acts passed in 1850 ("An Act to regulate the election of Representatives of the people" and "An act to increase the number of Representatives of the people in the Legislative Council") increased the number of representatives to 24, provided for their election by secret ballot, prescribed
the qualifications of voters, and granted seats in the Nobles to Ministers of the Crown.

The legislature met in Lahaina until 1845. From April 12 of that year it met in Honolulu. The Constitution of 1852 formally vested legislative power in the House of Nobles, the House of Representatives, and the King. It also provided that the legislature "be styled the Legislature of the Hawaiian Islands". It required that the houses assemble annually in separate session, ". . . to make all manner of wholesome laws . . . as they judge to be for the welfare of the nation." It provided that representatives were to be compensated for their services; Nobles were to "sit without pay". It also increased the number of Nobles to thirty, to be appointed by the King, for life, and made the Ministers of the Crown ex officio members. The Nobles were also established as a court with "full and sole" authority to try any "officers of the Kingdom" impeached by the House of Representatives. The number of representatives, to be elected annually, was increased to not fewer than 24 or more than 40, "based upon the principle of equality . . . forever regulated and apportioned according to the population," the exact number to be determined by results of an official census. The number was fixed at 27 by Act in 1853.

The Constitution of 1864 reduced the number of Nobles to 20, provided for biennial sessions of the legislature, biennial election of representatives, and required that the Nobles and representatives sit together in joint session. Ministers retained ex officio membership in the Nobles. The legislature was to be "styled the Legislature of the Hawaiian Kingdom." It was more commonly called the "Legislative Assembly". The number of representatives was increased to 28 in 1868 by Act.

The Constitution of 1887 changed the number of Nobles from 20 to 24, apportioned them among the several islands and provided for their direct election in 1888 to serve until 1890. It also established a scheme for election in 1890 of one-third of the Nobles to two-year terms, one-third to four-year terms and one-third to six-year terms. Biennially thereafter, one-third of the Nobles would be elected to six-year terms. This scheme was never fully implemented. The 1892 session of the Legislature of the Hawaiian Kingdom was prorogued by the Queen on January 14, 1893, after sitting for 171 days. The Monarchy was overthrown three days later.

Lahaina, Maui
Honolulu, Oahu

Constitution of 1840

Legislature of the Republic of Hawai‘i (1894-1898)

2020-12-21, Carol Kellett: Entered into AtoM.