08/06/2025
Diving into the Chief Secretary's letters from 1872-1876, found at the National Archives, Suva and selected state libraries in Australia, we find mention of an 1865 and 1867 Constitution, apparently drafted by the ruling British, and seemingly with consent from the chiefs, most of whom agreeing may have been loyal to then King Cakobau's reign from 1852. Mind you, the chiefs were still warring at that time. It is also the first meeting of chiefs, which will later be known as the Great Council of Chiefs. Ratu Cakobau offered to cede Fiji to Great Britain in 1859, but it was not accepted! The 1865 document shows the administrative arm of government was well functioning. We found the text of the 1865 Constitution (shown in the text) but not the 1867 one, nor an 1869 amendment. The 1871 constitution, which we earlier found, is one which was drafted with King Cakobau's consent, and on which many laws and regulations were formed. Prior to this, laws seem to have been made by the Colonial Secretary and council. So it seems that the beginnings of the legislative and judicial arms of government derived legitimacy from the 1871 constitution. One of the first Fijian Justices is Ratu Marika, who was a judge in 1873-1875, but we cannot find his name mentioned in one history text or on an online search.
"CONSTITUTION OF THE NEW FIJIAN CONFEDERACY
AGREED TO AT OVALAU.
THE undersigned Chiefs of Fiji, having assembled together on the 8th and 9th of May, 1865, unanimously agreed to the following resolutions :-
1 That the present condition of Fiji is such as to require a firmer and Stronger form of government than it at present possesses in order that the cause of union, justice, and progress may be promoted.
That this subject can be best effected by modelling a Constitution adapted to the wants of the people, and to the forms of government hitherto in use among them.
We, therefore, the undersigned Chiefs, agree that :
I. We, the principal chiefs of Fiji, shall meet together at least once a year, and deliberate on measures connected with the general welfare of Fiji.
II. The Chiefs of the Assembly will, on their arrival at the place of meeting, proceed to elect one of their number to be the President of Fiji, until the next general meeting. He will be elected by the majority of votes, and his commands will be implicitly obeyed, so far as they are in accordance with the laws, by every Chief in Fiji; during his tenure of office.
III, One code of laws will be adapted for the entire group of Fiji, and all changes or additions thereto can only be made in the General Assembly of the Chiefs.
IV. The internal government of each state; will be left in the hands of its proper chief, who will be responsible, for the conduct of its inhabitants. He alone has the power of levying taxes in his dominions.
V. In order that no part of Fiji shall remain unrepresented, the boundaries of each state shall be strickly defined. The seven independent chiefs, viz of Bau, Rewa, Lakeba, Cakaudrove, Bua, Macuata and Naduri, are collectively the representatives of the entire group of Fiji.
VI Every separate State shall be self-supporting and no chief shall have power or authority to levy taxes, imposts or contributions of any kind out of the territory which he represents.
A small contribution, however, will be paid by the assembled Chiefs to the President during his tenure of office to cover the additional expenses arising therefrom.
VII. No wars will be permitted, unless with the general consent of the Assembly, and the Chiefs will unite to punish any rebel or traitor to this Constitution.
VIII. A national flag to be adopted, in order to distinguish the Fijians from their neighbours.
In accordance with the agreements mutually entered into, the Assembly proceeded to elect one amongst them to be President of the Confederation, until the next general meeting and the Chief of Bau was unanimously chosen as President.
The day specified for the next general meeting will be the 1st May, 1866. The amount to be contributed by the Assembly towards defraying the necessary expenses of the President is not yet determined, but about one tun of oil (or £20) is suggested as a fair amount to be required annually from each Chief. The flag selected and adopted is a white star of eight points on a dark blue ground.
The Chiefs who voted were :-The Vunivalu (Cakobau), of Bau ; Roko Tui Dreketi, of Rewa ; Tui Cakau (Golea of Cakaudrove ; Tui Bua of Bua ; Retova of Macuata and Bonaveidongo of Naduri, Macuata. Tui Nayau of Lakeba, was absent but on the summons of the President, he afterwards sent his nephew to Bau, who received with approval copy of the resolutions adopted.
Peace was made, with good prospects of being permanent, between Retova and his opponents on the Macuata coast.
Such of the Tongan laws as were considered applicable to Fiji were agreed upon, and several matters calculated to promote the interests of the group were suggested ; and these suggestions (a copy of which I enclose), were forwarded to each state for consideration during the year.
The following subjects require immediate consideration ; and the attention of the assembled Chiefs should be devoted to this purpose as speedily as possible.
1. The abolition of the Vasu throughout the territories they govern, and that the fullest publicity be given to this resolution.
2. The definite boundaries of their respective jurisdictions to be accurately established and fully understood.
3. A poll-tax to be levied on all males over sixteen years, and no further tax to be imposed on them. One dollar and a half is suggested as the maximum poll-tax for the present year, of which at least half-a-dollar should be paid in cash. Equivalent in kind one dollar is equal to 30 lbs. of raw cotton in seed ; 12lbs. cleaned cotton ; 10 days labour at eight hours a day; 5 gallons of oil ; 100 yams.
4. The laws require their immediate consideration ; those of the first importance are marked ('A').
5. A body of police are required to execute the laws. They should be distinguished in some manner by their dress (as in Tonga, by wearing a red shirt). .. There should be one or two in every village, and receive a salary from the Government.
6. The extent of the unclaimed lands should be marked, and become the property of the Government.
7. As soon as possible, roads should be constructed, as distances by their means become less irksome, and the communication between remote points is rendered more rapid.
8. The civilised system of planting in large tracts should be adopted, and the Government should show an example, to the people in this respect. A knowledge of the use of implements to facilitate cultivation is much to be desired, and the Chiefs have it in their power to acquire this. Unless the Chiefs bestow their attention on this important point, their revenues will never reach more than half their proper amount.
9. It is much to be desired that the settlers wishing to purchase land should know to whom it belongs, and who is authorised to give him a good title. This matter will not admit of delay, but requires to be decided immediately.
10. All rivers must, be free throughout their entire course, and all (whether chiefs or commoners) arresting navigation must be punished.
ll. A sum is to be subscribed by the following states towards defraying the President's expenses, and it is suggested that from £20 to £25 each, in half-yearly instalment, ought to suffice for this purpose :-1, Bau ; 2, Rewa ; 3, Bua ; 4, Lakeba 5, Mathuata ; 6, Nanduri ; 7, Cakaundrovy. "
