William Little Lee
Encyclopedia
William Little Lee was an American lawyer who became the first Chief Justice of the Supreme Court for the Kingdom of Hawaii
.
He graduated from Norwich University
in 1842. He taught in a military school established by Alden Partridge
in Portsmouth, Virginia
, for one year, and then graduated from Harvard Law School
.
One of his teachers at Harvard was Joseph Story
, who was sitting on the Supreme Court of the United States
at the time. He practiced law in Troy, New York
, but convinced his boyhood friend Charles Reed Bishop
to travel with him to the Oregon Territory
in February 1846 on the ship Henry.
The ship was damaged while passing around Cape Horn
, and needed to stop at the Hawaiian Islands
for provisions and repairs on October 12.
Lee was only the second person in Hawaii with any western-style law training. John Ricord
had arrived just two years earlier, and was acting as Attorney General.
Ricord convinced Lee to stay, and Bishop was given the job of sorting out the defunct Ladd & Co.
which was also the center of a long-lasting legal dispute. A related land dispute by Richard Charlton
had caused a British military occupation a few years earlier called the Paulet Affair
which was still being sorted out.
On December 1, 1846 he was appointed judge of the island of Oahu
, and served on the Privy Council of King Kamehameha III
for the rest of his life.
Ricord left in 1847 and Lee had to finish drafting legislation to formalize the court system. Called the "third organic act" or "act to Organize the Judiciary Department" it was passed September 7, 1847 activated January 10, 1848.
Starting in 1847 he became a member of a commission to quiet land titles
that led to legislation known as the Great Mahele
which formalized fee simple
ownership of real estate. On January 16, 1848 he was named Chief Justice of the Superior Court. On March 11, 1849 he married Catherine Newton (c. 1819–1894), and became a boarder in Washington Place
with John Owen Dominis
and Dominis' mother. Lee had proposed by letter, and they were married aboard the Leland by Rev. Samuel C. Damon
.
On August 12, 1849, French admiral Louis Tromelin
staged a French Invasion of Honolulu
. On August 28 Lee and chief government minister Gerrit P. Judd
went aboard the French ship for an attempted peace conference. However, Tromelin continued to sack the city before sailing off with the king's yacht and other plunder. Judd and two young princes were sent to Europe to negotiate treaties, stopping in the United States on the way. Judd advocated annexation by the United States to protect against further actions by British and French.
Lee was more in favor of a simple treaty of Reciprocity
.
Former Scottish physician, now Foreign Minister Robert Crichton Wyllie
agreed, and former Hawaiian newspaper publisher James Jackson Jarves
negotiated a treaty with John M. Clayton
signed on December 20, 1849.
In 1851 Lee was elected to the House of Representatives in the legislature of the Hawaiian Kingdom
.
Lee helped draft the 1852 Constitution of the Kingdom of Hawaii
and a judiciary bill to implement its provisions. Lorrin Andrews
and John Papa Īī became associate justices and Lee chief justice of what was now called the Supreme Court.
On December 15, 1854 Kamehameha III died; his nephew took the throne as Kamehameha IV
.
On January 15, 1855 Lee was named Chancellor, and in March 1855 to 1856 served as an envoy to the United States where he traveled for medical advice.
Lee and his wife first went to San Francisco where he met with California's first Senator William M. Gwin
. On July 10, 1855 they arrived in Washington, D.C.
and he met wirh William L. Marcy
and then President Franklin Pierce
. Marcy and Lee agreed on terms on July 20, 1855. He also met with representatives of other governments, but could not get them to sign on to a multi-party treaty. In September he returned to Hawaii.
However, the treaty never went into effect, because it was never ratified by the Senate.
His health declined, and he returned to Honolulu. He had probably been suffering from tuberculosis
. After his death May 28, 1857 fellow American Elisha Hunt Allen
became Chief Justice, who would also try to push the treaty through.
His widow Catherine Newton traveled back to New York and in 1861 married Edward L. Youmans
, the founder of Popular Science
. She used income from the sugar plantation to help support the magazine in its early years.
Kingdom of Hawaii
The Kingdom of Hawaii was established during the years 1795 to 1810 with the subjugation of the smaller independent chiefdoms of Oahu, Maui, Molokai, Lānai, Kauai and Niihau by the chiefdom of Hawaii into one unified government...
.
Life
William Little Lee was born February 25, 1821 in Sandy Hill, New York. His father was Colonel Stephen Lee (1773–1856) and mother was Mary Little (1795–1881).He graduated from Norwich University
Norwich University
Norwich University is a private university located in Northfield, Vermont . The university was founded in 1819 at Norwich, Vermont, as the American Literary, Scientific and Military Academy. It is the oldest of six Senior Military Colleges, and is recognized by the United States Department of...
in 1842. He taught in a military school established by Alden Partridge
Alden Partridge
Alden Partridge, was an American author, legislator, officer, surveyor, an early superintendent of the United States Military Academy at West Point, New York and a controversial pioneer in U.S...
in Portsmouth, Virginia
Portsmouth, Virginia
Portsmouth is located in the Hampton Roads metropolitan area of the U.S. Commonwealth of Virginia. As of 2010, the city had a total population of 95,535.The Norfolk Naval Shipyard, often called the Norfolk Navy Yard, is a historic and active U.S...
, for one year, and then graduated from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
One of his teachers at Harvard was Joseph Story
Joseph Story
Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
, who was sitting on the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
at the time. He practiced law in Troy, New York
Troy, New York
Troy is a city in the US State of New York and the seat of Rensselaer County. Troy is located on the western edge of Rensselaer County and on the eastern bank of the Hudson River. Troy has close ties to the nearby cities of Albany and Schenectady, forming a region popularly called the Capital...
, but convinced his boyhood friend Charles Reed Bishop
Charles Reed Bishop
Charles Reed Bishop was a businessman and philanthropist in Hawaii.Born in Glens Falls, New York, he sailed to Hawaii in 1846 at the age of 24, and made his home there. Bishop was one of the first trustees of and a major donor to the Kamehameha Schools in Hawaii...
to travel with him to the Oregon Territory
Oregon Territory
The Territory of Oregon was an organized incorporated territory of the United States that existed from August 14, 1848, until February 14, 1859, when the southwestern portion of the territory was admitted to the Union as the State of Oregon. Originally claimed by several countries , the region was...
in February 1846 on the ship Henry.
The ship was damaged while passing around Cape Horn
Cape Horn
Cape Horn is the southernmost headland of the Tierra del Fuego archipelago of southern Chile, and is located on the small Hornos Island...
, and needed to stop at the Hawaiian Islands
Hawaiian Islands
The Hawaiian Islands are an archipelago of eight major islands, several atolls, numerous smaller islets, and undersea seamounts in the North Pacific Ocean, extending some 1,500 miles from the island of Hawaii in the south to northernmost Kure Atoll...
for provisions and repairs on October 12.
Lee was only the second person in Hawaii with any western-style law training. John Ricord
John Ricord
John Ricord whose birth name was probably Jean Baptiste Ricord-Madianna II, was a lawyer and world traveler. He was involved in cases in Texas, Oregon, Hawaii, and California.-Life:...
had arrived just two years earlier, and was acting as Attorney General.
Ricord convinced Lee to stay, and Bishop was given the job of sorting out the defunct Ladd & Co.
Ladd & Co.
Ladd & Company was an early business partnership in the Kingdom of Hawaii.Its founders were William Ladd , Peter Allen Brinsmade , and William Northey Hooper...
which was also the center of a long-lasting legal dispute. A related land dispute by Richard Charlton
Richard Charlton (Hawaii)
Richard Charlton was the first diplomatic Consul from Great Britain to the Kingdom of Hawaii 1825–1843. He was surrounded by controversies that caused a military occupation known as the Paulet Affair, and real estate claims that motivated the formalization of Hawaiian land titles.-Life:Richard...
had caused a British military occupation a few years earlier called the Paulet Affair
Paulet Affair (1843)
The Paulet Affair was a five month occupation of the Hawaiian Islands in 1843 by British naval officer Captain Lord George Paulet, of .-Paulet affair:...
which was still being sorted out.
On December 1, 1846 he was appointed judge of the island of Oahu
Oahu
Oahu or Oahu , known as "The Gathering Place", is the third largest of the Hawaiian Islands and most populous of the islands in the U.S. state of Hawaii. The state capital Honolulu is located on the southeast coast...
, and served on the Privy Council of 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...
for the rest of his life.
Ricord left in 1847 and Lee had to finish drafting legislation to formalize the court system. Called the "third organic act" or "act to Organize the Judiciary Department" it was passed September 7, 1847 activated January 10, 1848.
Starting in 1847 he became a member of a commission to quiet land titles
Quiet title
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title....
that led to legislation known as the Great Mahele
Great Mahele
The Great Mahele or just the Mahele was the Hawaiian land redistribution act proposed by King Kamehameha III in the 1830s and enacted in 1848.-Overview:...
which formalized fee simple
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
ownership of real estate. On January 16, 1848 he was named Chief Justice of the Superior Court. On March 11, 1849 he married Catherine Newton (c. 1819–1894), and became a boarder in Washington Place
Washington Place
Washington Place is a Greek Revival palace in the Hawaii Capital Historic District in Honolulu, Hawaii. It was where Queen Liliuokalani was arrested during the overthrow of the Hawaiian Kingdom. Later it became the official residence of the Governor of Hawaii. It is a National Historic Landmark,...
with John Owen Dominis
John Owen Dominis
John Owen Dominis was an American-born statesman. He became Prince Consort of the Kingdom of Hawaii upon his marriage to the last reigning monarch, Queen Liliuokalani...
and Dominis' mother. Lee had proposed by letter, and they were married aboard the Leland by Rev. Samuel C. Damon
Samuel C. Damon
Samuel Chenery Damon was a missionary to Hawaii, pastor of the Seamen's Bethel Church, chaplain of the Honolulu American Seamen's Friend Society and editor of the monthly newspaper The Friend.-Early life:...
.
On August 12, 1849, French admiral Louis Tromelin
Louis Tromelin
Louis-François-Marie-Nicolas Le Goarant de Tromelin was a nineteenth-century French Naval captain, sent to the Pacific Ocean on political and military missions, and credited with the discovery of Phoenix Island in the Phoenix group and Fais Island in the Carolines...
staged a French Invasion of Honolulu
French Invasion of Honolulu
The French Invasion of Honolulu was an attack on Honolulu by Louis Tromelin for the persecution of Catholics and repression on French trade.-Prelude:...
. On August 28 Lee and chief government minister 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 :...
went aboard the French ship for an attempted peace conference. However, Tromelin continued to sack the city before sailing off with the king's yacht and other plunder. Judd and two young princes were sent to Europe to negotiate treaties, stopping in the United States on the way. Judd advocated annexation by the United States to protect against further actions by British and French.
Lee was more in favor of a simple treaty of Reciprocity
Reciprocity (international relations)
In international relations and treaties, the principle of reciprocity states that favours, benefits, or penalties that are granted by one state to the citizens or legal entities of another, should be returned in kind....
.
Former Scottish physician, now Foreign Minister Robert Crichton Wyllie
Robert Crichton Wyllie
Robert Crichton Wyllie was a Scottish physician and businessman. He also served two decades as Minister of Foreign Affairs in the Kingdom of Hawaii.-Early life:...
agreed, and former Hawaiian newspaper publisher James Jackson Jarves
James Jackson Jarves
James Jackson Jarves was an American newspaper editor, and art critic who is remembered above all as the first American art collector to buy Italian primitives and Old Masters....
negotiated a treaty with John M. Clayton
John M. Clayton
John Middleton Clayton was an American lawyer and politician from Delaware. He was a member of the Whig Party who served in the Delaware General Assembly, and as U.S. Senator from Delaware and U.S. Secretary of State....
signed on December 20, 1849.
In 1851 Lee was elected to the House of Representatives in the legislature of the Hawaiian Kingdom
Legislature of the Hawaiian Kingdom
The Legislature of the Hawaiian Kingdom was the bicameral legislature of the Kingdom of Hawaii. A royal legislature was first provided by the 1840 Constitution and the 1852 Constitution was the first to use the term "Legislature of the Hawaiian Kingdom", and the first to subject the monarch to...
.
Lee helped draft the 1852 Constitution of the Kingdom of Hawaii
1852 Constitution of the Kingdom of Hawaii
The Constitution of 1852 served as the Constitution of the Kingdom of Hawaii from 1852 through 1864. It was passed during the reign of King Kamehameha III...
and a judiciary bill to implement its provisions. Lorrin Andrews
Lorrin Andrews
Lorrin Andrews was an early American missionary to Hawaii and judge. He opened the first post-secondary school for Hawaiians called Lahainaluna Seminary, prepared a Hawaiian dictionary and several works on the literature and antiquities of the Hawaiians. His students published the first newspaper,...
and John Papa Īī became associate justices and Lee chief justice of what was now called the Supreme Court.
On December 15, 1854 Kamehameha III died; his nephew took the throne as Kamehameha IV
Kamehameha IV
Kamehameha IV, born Alexander Iolani Liholiho Keawenui , reigned as the fourth king of the Kingdom of Hawaii from January 11, 1855 to November 30, 1863.-Early life:...
.
On January 15, 1855 Lee was named Chancellor, and in March 1855 to 1856 served as an envoy to the United States where he traveled for medical advice.
Lee and his wife first went to San Francisco where he met with California's first Senator William M. Gwin
William M. Gwin
William McKendree Gwin was an American medical doctor and politician.Born near Gallatin, Tennessee, his father, the Reverend James Gwin, was a pioneer Methodist minister under the Rev. William McKendree, his son's namesake. Rev. James Gwin also served as a soldier on the frontier under General...
. On July 10, 1855 they arrived in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
and he met wirh William L. Marcy
William L. Marcy
William Learned Marcy was an American statesman, who served as U.S. Senator and the 11th Governor of New York, and as the U.S. Secretary of War and U.S. Secretary of State.-Early life:...
and then President Franklin Pierce
Franklin Pierce
Franklin Pierce was the 14th President of the United States and is the only President from New Hampshire. Pierce was a Democrat and a "doughface" who served in the U.S. House of Representatives and the Senate. Pierce took part in the Mexican-American War and became a brigadier general in the Army...
. Marcy and Lee agreed on terms on July 20, 1855. He also met with representatives of other governments, but could not get them to sign on to a multi-party treaty. In September he returned to Hawaii.
However, the treaty never went into effect, because it was never ratified by the Senate.
His health declined, and he returned to Honolulu. He had probably been suffering from tuberculosis
Tuberculosis
Tuberculosis, MTB, or TB is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis usually attacks the lungs but can also affect other parts of the body...
. After his death May 28, 1857 fellow American Elisha Hunt Allen
Elisha Hunt Allen
Elisha Hunt Allen was an American congressman, lawyer, diplomat, and judge and diplomat for the Kingdom of Hawaii.-Life:Elisha Hunt Allen was born January 28, 1804 in New Salem, Massachusetts. His father was Massachusetts minister, lawyer, and politician Samuel Clesson Allen and mother was Mary...
became Chief Justice, who would also try to push the treaty through.
His widow Catherine Newton traveled back to New York and in 1861 married Edward L. Youmans
Edward L. Youmans
Edward Livingston Youmans was an American scientific writer, editor, and lecturer and founder of Popular Science magazine.-Biography:...
, the founder of Popular Science
Popular Science
Popular Science is an American monthly magazine founded in 1872 carrying articles for the general reader on science and technology subjects. Popular Science has won over 58 awards, including the ASME awards for its journalistic excellence in both 2003 and 2004...
. She used income from the sugar plantation to help support the magazine in its early years.