Identity area
Reference code
Title
Date(s)
- 1839-1926 (Creation)
Level of description
Series
Extent and medium
11.7 cubic feet in 24 5-inch boxes, and 8 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.
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 from both courts were taken up by the new one.
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.
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.
Repository
Archival history
Records relating to naturalizations were microfilmed.
Immediate source of acquisition or transfer
Content and structure area
Scope and content
The administrative records include reports from court appointed administrators, daily journals, calendars, dockets, court transcripts, petitions, ledgers, day books, account books, notary public books, Supreme Court decisions, and various court documents filed with the court clerks. Oaths of district court judges, jury commissioners, and attorneys may also be found. Miscellaneous subjects contain a very small number of documents relating to adoptions, genealogies, land, and naturalizations (on MFL 109). Correspondence includes letters between district magistrates, other circuit judges and court officers relating to cases and administrative issues. Also includes letters from individuals to the court complaining about district magistrates' conduct and rulings. Records relating to estates, bankruptcies, and civil cases, contain reports from court appointed administrators, correspondence, financial documents, orders, and a few criminal cases. Miscellaneous records contain records filed with the clerk such as summons, writs, warrants, petitions, depositions, proceedings, transcripts, briefs and juvenile court petitions. Various court journals contain settlements, petitions, jury lists, daily journal, decisions, day books, account books, and cash books. The notary public books are incomplete and cover 1859-1863 and 1919-1921.
None of the documents have been translated.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Arranged in the following order: administrative records; miscellaneous subjects; correspondence; records relating to estates, bankruptcies and civil cases; miscellaneous records; various court journals; and notary public books.
Administrative records are arranged chronologically. Miscellaneous subjects are arranged alphabetically by subject or category. Correspondence is arranged chronologically. Records relating to estates, bankruptcies and civil cases are arranged alphabetically by name of the plaintiff, decedent, guardian, corporate or government entity. Miscellaneous records, various court journals, and notary public books are arranged chronologically.
Conditions of access and use area
Conditions governing access
Conditions governing reproduction
Language of material
- English
- Hawaiian
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
Records relating to naturalizations are MFL 109.
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