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1840 Constitution of the Hawaiian Kingdom
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Hawaiian-language basic law of the kingdom of Hawaii
August 2026
August 2026
The 1840 Constitution of the Hawaiian Kingdom titled haw Ke Kumukānāwai a me nā Kānāwai o ko Hawaii Pae Āina, 1840 was the first fully written constitution for the Hawaiian Kingdom. Overall, this version of the Constitution of Hawaii established a constitutional monarchy subjecting even the king to certain principles of democracy.
Background
By the late 1830s, the Hawaiian Kingdom was undergoing a profound spiritual and structural transformation. King Kamehameha III and the aliʻi families had deeply embraced Christianity, viewing its moral and ethical principles as the rightful foundation for their changing society. Recognizing that early oral customs and a disorganized penal system—which relied heavily on unmonitored exile—were no longer sufficient, Hawaiian leadership sought to codify their personal faith into written law. Simultaneously, foreign powers were utilizing the lack of a Western-style legal code to threaten Hawaii's sovereignty. In response, the King and aliʻi proactively drafted the 1840 Constitution. Far from a mere mechanism of foreign control, this foundational document was a deliberate expression of the rulers' Christian conviction, explicitly declaring that all human rights come from God and establishing a balanced, modern legal framework designed to protect the independence of the Hawaiian Kingdom.Hawai'i's First Constitution in 1840 https://ags.hawaii.gov/wp-content/uploads/2012/09/1840E.pdf Hawaiʻi State Department of Accounting and General Services July 4, 2026 God hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs... It is therefore our fixed decree, I. That no law shall be enacted which is at variance with the word of the Lord Jehovah...Young Peter T. Hawaiian Kingdom Constitution and US Governance Documents https://imagesofoldhawaii.com/hawaiian-kingdom-constitution-and-us-governance-documents/ Images of Old Hawaiʻi Hoʻokuleana LLC July 5, 2025 July 4, 2026 That constitution introduced the innovation of representatives chosen by the people... This gave the common people a share in the government's actual political power for the first time. In addition, the 1840 Constitution recognized rights of the people; its preamble read, 'God hath made of one blood all nations of men to dwell on the earth,' in unity and blessedness.
Overview
The constitution was enacted on October 8, 1840, by King Kamehameha III and Kekāuluohi as Kuhina Nui, an office similar to Prime Minister or co-regent. The constitution, compared to its predecessor, was extremely detailed. The June 7, 1839, document, sometimes called a constitution but more similar to a declaration of rights, stated simply that the government was based on Christian values and equality for all. 10524/196 Constitutions and Constitutional Conventions of Hawaii Hawaiian Journal of History Hawaii Historical Society 12 Richard H. Kosaki 1978 120–138 Incorporating the 1839 document, the 1840 Constitution of the Kingdom of Hawai’i was a turning point in Hawai’i government.
This constitution organized the power of government and its functions by defining the House of Representatives as the legislative body, giving their people the power to vote, proclaiming the House of Kamehameha, establishing of the office of Kuhina Nui, creating of the office of royal governors of the various islands and recognizing Christianity as an authority.
Amendments
It could be changed by section 13, which gave the House of Nobles and the House of Representatives the ability to change the constitution.
References
Daws
Gavan
Gavan Daws
Shoal of Time: A History of the Hawaiian Islands
University of Hawaii Press
1974
Paperback
0-8248-0324-8
registration
https://archive.org/details/journalofprincea00kame
.
Cachola
Jean Iwata
Burningham
Robin Yoko
Kamehameha III: Kauikeaouli
Kamehameha Schools Press
1995
0-87336-033-8 .
External links
1839 and 1840 Constitutions (scanned images)
1839 Constitution (Full text, with access to an English translation, and other resources)
1840 Constitution (Full text, with access to an English translation, and other resources)
Constitution of the Hawaiian Kingdom
Category:Constitution of Hawaii
Category:Hawaiian Kingdom
Category:1840 in Hawaii
Category:Legal history of Hawaii
Category:1840 documents