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Bird, Isabella L. (Isabella Lucy), 1831-1904

"The Hawaiian Archipelago"


The king, governors, and chiefs constituted the magistracy, and
there was an appeal from both chiefs and governors to the king. It
was usual for both parties to be heard face to face in the enclosure
in front of the house of the king or governor, no lawyers were
employed, and every man advocated his own cause, sitting cross-
legged before the judges. Swiftness and decision characterized the
redress of grievances and the administration of justice. Kamehameha
reduced the feudal tenure of land, which had heretofore been the
theory, into absolute practice, claiming for the crown the sole
ownership of the land, and dividing it among his followers on the
conditions of tribute and military service. The common people were
attached to the soil and transferred with it. A chief might
nominate his wife, or son, or any other person to succeed him in his
possessions, but at his death they reverted to the king, whose order
was required before the testamentary wish became of any value.
There were some wise regulations generally applicable, concerning
the planting of cocoanut trees, and a law that the water should be
conducted over every plantation twice a week in general, and once a
week during the dry season.


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