Chapter 1. “An Act to Prohibit Hawaiians from Emigrating to California.”

Introduction

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“An Act to Prohibit Hawaiians from Emigrating to California.” (Author presumably King Kamehameha III)

The Polynesian

September 7, 1850

Close-up of original newsprint from the Polynesian.
Close-up of the original newsprint from the Polynesian. Click the image to view a PDF of the full page of newsprint (4.2 MB).

Indigenous Hawaiians arrived in California well before the gold rush on European and American sailing vessels. In fact, they were essential laborers on these ships, a role that went back to the early 1800s. Diseases introduced by foreigners had decimated the native Hawaiian population, beginning with the earliest “discovery” voyage of Captain James Cook in 1778. The Hawaiian population continued to decline due to shipboard workers’ death rate on trans-Pacific voyages. For this reason, some elite Hawaiians feared that the California gold rush would only increase the exodus of Hawaiian commoners from the islands. In 1850, King Kamehameha III authored this “Act to Prohibit Hawaiians from Emigrating to California.” It was largely unenforceable, given the number of foreign ships that arrived and departed from the Hawaiian Islands. But it nonetheless shows a deep concern for the out-migration of Hawaiians during this period of severe native population decline.

Document

AN ACT

TO PROHIBIT NATIVES FROM LEAV­ING THE ISLANDS.

Whereas, by the Census of the Islands taken in 1819, the population decreased at the rate of 8 per cent, in 1848, and by the Census taken in 1850, the population de­creased at the rate of 5 1-7 pr.cent in 1849; whereas, the want of labor is severely felt, by Planters and other agriculturists, where­by the price of provisions and other produce has been unprecedently enhanced to the great prejudice of the Islands; Whereas many natives have emigrated to California and there died, in great misery, and where­as, it is desirable to prevent such loss to the nation,and such wretchedness to individuals;

Therefore,

Be it enacted by the House of Aobtcs and Rep­resentatires of the Hawaiian Islands, in Legislative Council Assembled,

SECTION 1. That, from the day or the pub­lication hereof, no native subject of the King shall be allowed to emigrate to California, or other foreign country, unless for sonic ur­gent necessity, connected with his private interests, of which necessity, he or she shall give proof satisfactory to the Governor of the Island, to which be or she may belong, in which case, it shall be lawful for said Governor to grant a letter to such person, stating that such person may obtain a Pass­port to leave the Kingdom.

SECTION 2. Be it further enacted, as afore­said, that nothing in this Act shall prevent the Governors of Islands from granting as heretofore, under the bonds prescribed by law, permission to native sailors to embark in such foreign ships as may be in distress from want of men to prosecute their voyages, nor shall any thing in this Act prevent a lam­ily leaving the Islands, from obtaining per­mission and a passport to take with them such native nurse or domestic servants as they may urgently require,they giving sails-factory bond for the return of each individu­al, as required in the case of native sailors embarked in foreign Vessels.

SECTION 2. And be it farther enacted, as aforesaid, that in all cases where natives may have obtained permission to leave the Is­lands, prior to the promulgation of this Act, or previous to its becoming known on distant Islands and where such natives may have paid for their passages, it shall be lawful on satisfactory proof thereof, to grant such na­tives Passports allowing them to proceed.

The Minister of the Interior is charged to publish this Act immediately, in Hawaiian and English in the Polynesian and in Ha­waiian, in the Elele, and to transmit copies thereof by Circular to the Governors, Col­lectors of Customs, Captains of Ports, and Pilots of the respgctive Islands.

Done and passed at the Council House in Honolulu, this 2d day of July, 1850.

(Signed) KAMEHAMEHA.

(Signed) KEON1 ANA.

Questions

Question 1.1

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Question 1.2

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Question 1.3

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