Template:798-799

-p798-

Then, page 487 of Executive Document 48:

"Sir: You will take command of the battalion and land in Honolulu

for the purpose of protecting our legation, consulate, and the lives and property of American citizens, and to assist in preserving public order. Great prudence must be exercised by both officers and men, and no action taken that is not fully warranted by the condition of affairs, and by the conduct of those who may be inimical to the treaty rights of American citizens. You will inform me at the earliest practicable moment of any changes in the situation.

"Very respectfully,

"G. C. Wiltse,

"Captain U. S. Navy, commanding U. S. S. Boston.

"Lieut-Commander W. T. Swinburne,

"Executive officer, U. S. S. Boston."

The affidavits I have are as follows:

STATEMENT OF A. F. JUDD, CHIEF JUSTICE OF THE SUPREME COURT OF THE HAWAIIAN ISLANDS.

A short sketch of my life and antecedents may, perhaps, give more credence to what I may say. I was born in Honolulu on the 7th of January, 1838. My father, Dr. Gerrit P. Judd, came with my mother to these islands in 1828. My father was physician to the American mission that had been established here eight years before his arrival here. His profession necessarily brought him into close and confidential relations with the Regent, Kaahumanu, the young King, Kamehameha III, and the high chiefs, who were then a large and influential class. At their earnest request, my father left the mission in 1843 and took office under Kamehameha III, first as interpreter and as a member of the treasury board, and later as minister, which office he held till 1853. We lived for three years on the palace grounds, and for many years I, with the rest of my brothers and sisters, were in intimate companionship in school and out of it with the young chiefs.

I attended the first royal school for a while in which were the sons of Kinau, who became Kamehamehas IV and V, their sister, Victoria Kamamalu, who was Kuhina Nui under her brother, Kamehama IV. At the same school were Queen Emma, Mrs. Bernice Bishop, David Kalakaua, his brother, James Keliokalani, and Liliuokalani, whose name at that time was Lydia Kamakaeha Paki. Several of these went later with me to the second royal school, under Dr. Beckwith. I learned to speak Hawaiian, and have lived continuously in these islands to the present time, with the exception of four years spent in the United States at Yale College, where I graduated in 1862, and at Harvard, where I studied law, returning to these islands in 1864. I have also made several visits to the United States and one to Europe.

My father's record in doing as much as anyone towards the creation of the Hawaiian Government and preserving its independence against the efforts of Great Britain and France are matters of public history. From my association with the Hawaiian people, my frequent visits to all parts of the group, I consider myself well acquainted with the Hawaiians, and admire and love such good qualities as they do possess. I have not spared myself in efforts to enlighten them, having carried on for years temperance and religious work among them. I

-p799-

was secretary to the constitutional convention of 1864, and witnessed the debates of that body which led to Kamehameha V abrogating the liberal constitution of 1852 and promulgating that of 1864. In 1868 I was elected a member of the Legislature without visiting the district that returned me, and I was again elected in 1872, this time from Honolulu. Kamehameha V having died after the Legislature closed, at a special session I voted for Lunalilo in 1873 (January 7), and was appointed his attorney-general, which office I held until Lunalilo died.

The election of a King again coming to the Legislature in February, 1874, I voted for Kalakaua as the best available candidate. He was unpopular with the natives, and if the members of Lunalilo's cabinet, Messrs. C. R. Bishop, E. O. Hall, R. Sterling, and myself, had thrown our influence, with other prominent whites, in favor of Queen Emma, who was the people's favorite, she would have been chosen in spite of Kalakaua's efforts and bribery. But we felt that the influences surrounding Queen Emma were such that English sentiment and ideas would control. We were threatened with a state church, and feared that all the court atmosphere would be adverse to the cultivation of closer commercial and political relations with the United States, which, owing to our geographical position and growing commerce and the character of our white population, were essential to our progress and prosperity. Kalakaua was elected, and a riot occurred, in which the court-house where the election was held was sacked, native members of the Legislature were attacked and beaten, and the town was at the mercy of the mob.

Owing to the timely assistance of troops from the two United States ships then in port and also from the British vessel the riot was quelled. Kalakaua took the oath of office, stating at the time (which I interpreted) that he had intended to promulgate a new constitution, but the riot had prevented it. The Government went on. I was appointed second associate justice of the supreme court February 18, 1874, promoted to first associate 1, 1877, and on the return of Kalakaua from his tour of the world was by him appointed chief justice November 5, 1881, which office I now hold. Having my chambers in the Government building I have been familiar with the political changes that have taken place during the past twenty years, have known all the twenty-six cabinets during Kalakau's reign, and have been kept informed of all important matters of state.

Our law reports and our published opinions will show nothing that would indicate on the part of the supreme court any aversion to a monarchical form of government for these islands. We maintained the personal veto of the sovereign as a constitutional right against much public pressure and under like circumstances of pressure declared in favor of the Queen Liliuokalani's right to appoint her own cabinet on her accession. It was my wish and hope that the autonomy of this archipelago should be preserved for many years to come. That we would lose it eventually was a belief shared by all—English, Americans and Hawaiians—owing to the fading of the native race and the want of material to make kings and queens of.

The justices of the Supreme Court were kept in ignorance of the league which resulted in obtaining from Kalakaua the constitution of 1887. Just before its promulgation Justice Preston and myself were invited to assist in its revision, which we consented to do under a written protest that we did not approve of the method of its promulgation as being unconstitutional. I think that both the coup d'etat of Kamehameha V and the revolution of 1887, though both were accomplished