or to whomsoever donated, were revocable at will; no man's possession, even that of the highest chief, was secure, and no man thought of improving land, the possession of which was so uncertain. And for the further protection of the interests of his poorer subjects, the King announces that on the 21st of December, 1849, certain resolutions were passed with a view of giving to the industrious cultivators of the soil an allodial title to the portions they occupied, and to facilitate the acquisition of land, in fee simple, by others inclined to be industrious.

To render the people provident, the King recommends the trial of a savings' bank. He also proposes for the careful consideration of the legislature the project for a criminal code, along with several legal enactments and amendments of laws, of which experience has demonstrated the necessity.

Such, and similar to these, were the efforts of the King and his best counsellors to give the islands the advantage of a good and enlightened system of govern

ment.

It resulted, in the process of time, that three commissioners were appointed, who were to prepare jointly the draft of a new constitution. The King was represented in this commission by Dr. Judd, whose democratic prepossessions having been bred in the bone remained unabated. The chiefs selected Joane Ii, one of their own order, though not of high rank. He had been concerned in the first constitution. The representatives chose Mr. Lee, the Chief Justice, a tenacious, clear-headed man, born and educated in the United States, and who had acquired a large measure of influence in the islands. Thus, republican principles were maintained in the commission in the proportion of two

to one; and even the native representative had but a small bias towards monarchical institutions.

Under these auspices the constitution of 1852 was engendered. The draft was submitted to legislature, and after going through the necessary forms, it was signed by the King on the 14th of June, 1852, and became the law of the Hawaiian Islands, vice the constitution of 1844, dismissed.

With such a democratic preponderance in the commission, we are only surprised that so much of the monarchical remains in the constitution; and that so original and strange an institution as the premiership should have been retained. Kaméhaméha I. originated the office, to which he appointed his beloved Kaahumanu. On the death of Kinau the Premier, the idea was suggested that her infant daughter, Victoria Kinau Kaahumanu, should in time succeed her mother in the office nearest the throne. She is sister to the present King. During the Princess's minority, the chief John Young (Keone Ana) acted as her locum tenens. The office of premier of the kingdom is a very peculiar one. Whilst it adds no security to the operations of government, it detracts from the King's dignity. Every document of State requires to be countersigned by the Premier, an arrangement often fraught with the highest inconvenience, and producing annoying delay. A commission or any other document of immediate necessity, issued by the advice of Privy Council and bearing the King's sign-manual, is invalid till it receives the Princess's counter-signature; and as the Premier's duties. are not supposed to detain her constantly at the seat of government, the ill-consequences are sometimes very serious. Upon a resistance by the Premier to sign a document, the King has upon more than one occasion

dismissed the drag upon his wheels, and appointed a new Premier; then, having obtained the desired countersignature, has restored his sister to her office.

By the last constitution, the Privy Council became a more pronounced and important adjunct of the State, whilst the element of representation still remains undefined, and as it were in its nonage. The people chose, and probably still choose, their representatives, not with that care and previous inspection with which Mrs. Primrose chose her wedding-gown, but in an offhand, al fresco manner. They placed more importance on the selection of their tax-gatherers and road-inspectors than they did on the election of their representatives in parliament, for the operative functions of the former, the petty officers, touched their purses and personal well-being the more closely. Questions of irrigation, and the length of a day's labour, had greater interest to the country people than higher and more abstract discussions of the senate, though they soared to the divine right of kings, or the peaceable relations of great foreign powers.*

Had Mr. Wyllie, the intelligent and indefatigable Minister of Foreign Affairs, with his stout attachment to monarchy, been invited to the commission instead of Dr. Judd, there can be no doubt that more actual power would have vested in the King. Whatever may

Since the above passage was written, a remarkable exception to what is stated has occurred. The biennial election of representatives took place in January 1862, and was attended with the greatest excitement; some acts of violence even, having been committed at the polling-places. This popular fervour was the effect not so much of an increased value attributed to the privileges of suffrage, as of religious partisanship -the Roman Catholic voters pressing forward their candidates with the utmost earnestness, and, of course, causing thereby as earnest an opposition.

have been the causes which operated on His Majesty's choice, his able minister had no direct hand in drafting the constitution. Yet Mr. Wyllie's weight and influence with the government were well known; and though not on board when the ship was launched from the stocks, a good pilot was at the helm, and was doing all he could to steer her straight.

ΑΝ

CHAPTER XVIII.

HISTORICAL SKETCH-THE CARYSFORT AFFAIR.

N expression occurred in the King's speech given in the preceding chapter which must now be explained. It was an expression of thankfulness for an escape out of troubles, and it spoke of a restoration of his kingdom. The circumstances alluded to require that we should retrace our steps several years.

The happy-and-united-family condition of the commercial community in its early days did not always continue. As interests grew larger, and the mercantile class comprised English and European traders as well as Americans, there were occasional bickerings, jealousies, lawsuits. The consular appointments had not been happy. England was represented by Mr. or Captain R. Charlton, a careless, free-living man, much opposed to the straight missionary clique, not disliked by the native population, but deficient in diplomatic knowledge; and in a small way the trading consuls were obliged to act in a political capacity and to exert personal influence. The first Commercial Agent, as the Americans style their consuls, was still more unfit for his office; and so objectionable did he become to the native government, that upon their earnest remonstrance at Washington, Mr. Jones was removed, and was replaced by a Mr. Brinsmade, the senior partner of a house of business at Honolulu, trading