Provisional Cession of the Hawaiian or Sandwich Islands
Encyclopedia
The Provisional Cession of the Hawaiian or Sandwich Islands, the Provisional Cession of the Hawaiian Islands or the Provisional Cession of the Sandwich Islands, short form Provisional Cession was an occupational government formed by Lord George Paulet
Lord George Paulet
Admiral Lord George Paulet CB was a officer of the Royal Navy.He entered the navy shortly after the end of the Napoleonic Wars and after some years obtained his own command. He served off the Iberian Peninsula during the Portuguese Liberal Wars and the Spanish First Carlist War, protecting British...

 while attempting to annex Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

 to the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....

. The Provisional Cession lasted only five months.

Formation

On February 25, 1843 King Kamehameha III
Kamehameha III
Kamehameha III was the King of Hawaii from 1825 to 1854. His full Hawaiian name was Keaweaweula Kiwalao Kauikeaouli Kaleiopapa and then lengthened to Keaweaweula Kiwalao Kauikeaouli Kaleiopapa Kalani Waiakua Kalanikau Iokikilo Kiwalao i ke kapu Kamehameha when he ascended the throne.Under his...

 agreed to cede the Hawaiian Islands to Lord George Paulet
Lord George Paulet
Admiral Lord George Paulet CB was a officer of the Royal Navy.He entered the navy shortly after the end of the Napoleonic Wars and after some years obtained his own command. He served off the Iberian Peninsula during the Portuguese Liberal Wars and the Spanish First Carlist War, protecting British...

, over legal disputes with British subjects.

Constitution

Act of Provisional Cession:

In consequence of the difficulties in which we find ourselves involved, and our opinion of the impossibility of complying with the demands in the manner in which they are made by Her Britannic Majesty's representative upon us, in reference to the claims of British subjects, we do hereby cede the group of islands known as the Hawaiian (or Sandwich) Islands, unto the Right Honorable Lord George Paulet, captain of Her Majesty's Ship of war Carysfort, representing Her Majesty, Victoria, Queen of Great Britain and Ireland, from this date, and for the time being: the said cession being made with the reservation that it is subject to any arrangements that may have been entered into by the Representatives appointed by us to treat with the Government of her Britannic Majesty; and in the event that no agreement has been executed previous the date hereof; subject to the decision of Her Britannic Majesty's Government on conference with the said representatives appointed by us; or in the event of our representatives not being accessible, or not having been acknowledged, subject to the decision which Her Britannic Majesty may pronounce on the receipt of full information from us, and from the Right Honorable Lord George Paulet.


Proclamation of Lord Paulet:

A provisional cession of the Hawaiian or Sandwich Islands having been made this day by Kamehameha III., King, and Kekauluohi, Premier thereof, unto me, the Right Honorable Lord George Paulet, commanding Her Britannic Majesty's ship Carysfort on the part of Her Britannic Majesty, Victoria, Queen of Great Britain and Ireland; subject to arrangements which may have been made or shall be made in Great Britain, with the Government of Her Britannic Majesty, I do hereby proclaim,

First. That the British Flag shall be hoisted on all the Islands of the group, and the natives thereof shall enjoy the protection and privileges of British subjects.

Second. That the government thereof shall be executed, until the receipt of communications from Great Britain, in the following manner, namely: By the native King and chiefs and the officers employed by them, so far as regards the native population, and by a commission, consisting of King Kamehameha III, or a Deputy appointed by him, the Right Honorable Lord George Paulet, Duncan Forbes Mackay, esquire, and Lieut. [John E.] Frere, R.N., in all that concerns relations with other powers (save and except the negotiations with the British Government), and the arrangements among foreigners (others than natives of the Archipelago) resident on these Islands.

Third. That the laws at present existing or which may be made at the ensuing council of the king and the chiefs (after being communicated to the commission), shall be in full force so far as natives are concerned; and shall form the basis of the administration of justice by the commission in matters between foreigners resident on these islands.

Fourth. In all that relates to the collection of the revenue, the present officers shall be continued at the pleasure of the native King and chiefs, their salaries for the current year being also determined by them, and the archives of Government remaining in their hands; the accounts are, however, subject to inspection by the commission heretofore named. The Government vessels shall be in like manner subject, however, to their employment if required for Her Britannic Majesty's service.

Fifth. That no sales, leases, or transfers of land shall take place by the action of the Commission appointed as aforesaid, nor from natives to foreigners during the period intervening between the 24th of this month and the receipt of notification from Great Britain of the arrangements made there; they shall not be valid, nor shall they receive the signatures of the King or premier.

Sixth. All the existing bona fide engagements of the native King and premier, shall be executed and performed as if this cession had never been made.

Government

The British Commission was established as the government of the Provisional Cession. Under the constitution the Kingdom was allowed to remain intact as the authority on domestic issues and governing the population. But the British Commission was able to make changes such as laws and taxes, the Kingdom had as much authority to challenge the changes as a common citizens.

The main positions were composed of four men, three commissioners and one deputy. The head of the Commission was denoted as the “Right Honourable”, later titled Local Representative of Her Majesty Queen Victoria taken by Paulet and later Richard D. Thomas
Richard Darton Thomas
Admiral Richard Darton Thomas was a Royal Navy officer who went on to be Commander-in-Chief, Pacific Station.-Naval career:...

. The remaining two commissioners were Duncan F. Mackay and John E. Frere, Mackay resigned after falling ill. The deputy was appointed by and represented of the monarch, King Kamehameha III
Kamehameha III
Kamehameha III was the King of Hawaii from 1825 to 1854. His full Hawaiian name was Keaweaweula Kiwalao Kauikeaouli Kaleiopapa and then lengthened to Keaweaweula Kiwalao Kauikeaouli Kaleiopapa Kalani Waiakua Kalanikau Iokikilo Kiwalao i ke kapu Kamehameha when he ascended the throne.Under his...

, head of domestic issues, Gerrit P. Judd
Gerrit P. Judd
Gerrit Parmele Judd was an American physician and missionary to the Kingdom of Hawaii who later became a trusted advisor and cabinet minister to King Kamehameha III.- Life :...

 filled the position of deputy, but resigned on May 11.

Military and law enforcement

The police force of the Hawaiian kingdom was disbanded and the Police Corps was established, recruiting from the population.

The Queen’s Own Regiment was formed as a small company
Company (military unit)
A company is a military unit, typically consisting of 80–225 soldiers and usually commanded by a Captain, Major or Commandant. Most companies are formed of three to five platoons although the exact number may vary by country, unit type, and structure...

 sized army, also recruiting from the population.

Three schooners were commandeered by the Commission and renamed the Victoria, Albert, and Adelaide.

Policy changes

  • Fornication
    Fornication
    Fornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...

     was legalized.
  • Transactions (sale, lease, transfer) of land were suspended.
  • Tariff
    Tariff
    A tariff may be either tax on imports or exports , or a list or schedule of prices for such things as rail service, bus routes, and electrical usage ....

     on imports increased 1%.
  • A more lenient liquor license
    Liquor license
    -Alberta:In Alberta, liquor licences are issued by the Alberta Gaming and Liquor Commission.-United Kingdom:Throughout the United Kingdom, the sale of alcohol is restricted—pubs, restaurants, shops and other premises must be licensed by the local authority. The individual responsible for the...

     system was installed.

Restoration of the Kingdom

As soon as Admiral Richard Darton Thomas
Richard Darton Thomas
Admiral Richard Darton Thomas was a Royal Navy officer who went on to be Commander-in-Chief, Pacific Station.-Naval career:...

 received news in Valparaíso
Valparaíso
Valparaíso is a city and commune of Chile, center of its third largest conurbation and one of the country's most important seaports and an increasing cultural center in the Southwest Pacific hemisphere. The city is the capital of the Valparaíso Province and the Valparaíso Region...

 of the takeover by Paulet in Hawaii, he set sail for Honolulu on his flagship the . On July 26 Thomas arrived in Honolulu and became Local Representative, head of the of the British Commission from Paulet. He met with King Kamehameha III the next day and two conferences were held negotiating the restoration of the Kingdom between Thomas and Kamehameha III. On July 31 a ceremony was held Thomas declared the end of the Provisional Cession and recognizes Kamehameha III as king of the Hawaiian Islands and the Islands to be independent
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....

 and sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...

.

Kamehameha III named the place of the ceremony in Thomas’ honor and a service was held at Kawaiahaʻo Church celebrating Hawaii’s return of independence. Celebrations continued for ten days and a holiday, Hawaiian Restoration Day was created.
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