Kingdom of Hawaii Constitution of 1840
DECLARATION OF RIGHTS, BOTH OF THE PEOPLE AND CHIEFS.
"God hath made of one blood all nations of men to dwell on the earth," in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.These are some of the rights which He has given alike to every man and every chief of correct deportment; life, limb, liberty, freedom from oppression; the earnings of his hands and the productions of his mind, not however to those who act in violation of laws.
God has also established government, and rule for the purpose of peace; but in making laws for the nation it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to enriching their subjects also, and hereafter there shall by no means be any laws enacted which are at variance with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any man, in a manner which is at variance with the above sentiments.
PROTECTION FOR THE PEOPLE DECLARED.
The above sentiments are hereby published for the purpose of protecting alike, both the people and the chiefs of all these islands, while they maintain a correct deportment; that no chief may be able to oppress any subject, but that chiefs and people may enjoy the same protection, under one and the same law.Protection is hereby secured to the persons of all the people, together with their lands, their building lots, and all their property, while they conform to the laws of the kingdom, and nothing whatever shall be taken from any individual except by express provision of the laws. Whatever chief shall act perseveringly in violation of this constitution, shall no longer remain a chief of the Hawaiian Islands, and the same shall be true of the Governors, officers,and all land agents.
But if any one who is deposed shall change his course, and regulate his conduct by law, it shall then be in the power of the chiefs to reinstate him in the place he occupied previous to his being deposed.
CONSTITUTION
It is our design to regulate our kingdom according to the above principles and thus seek the greatest prosperity both of all the chiefs and all of the people of these Hawaiian Islands. But we are aware that we cannot ourselves alone accomplish such an object--God must be our aid, for it is His province alone to give perfect protection and prosperity.--Wherefore we first present our supplication to HIM, that he will guide us to right measures and sustain us in our work.It is therefore our fixed decree,
I. That no law shall be enacted which is at variance with the word of the Lord Jehovah, or at variance with the general spirit of His word. All laws of the Islands shall be in consistency with the general spirit of God's law.
II. All men of every religion shall be protected in worshipping Jehovah, and serving Him, according to their own understanding, but no man shall ever be punished for neglect of God unless he injures his neighbor, of bring evil on the kingdom.
III. The law shall give redress to every man who is injured by another without a fault of his own, and shall protect all men while the conduct properly, and shall punish all men who commit crime against the kingdom or against individuals, and no unequal law shall be passed for the benefit of one to the injury of another.
IV. No man shall be punished unless his crime be first made manifest, neither shall he be punished unless he be first brought to trail in the presence of his accusers, and they have met face to face, and the trail having been conducted according to law, and the crime made manifest in their presence, the punishment may be inflicted.
V. No man or chief shall be permitted to sit as judge of act on a jury to try his particular friend (or enemy), or one who is especially connected with him. Wherefore if any man be condemned or acquitted, and it shall afterwards be made to appear, that some one who tried him acted with partiality for the purpose of favoring his friend (or injuring his enemy), or for the purpose of enriching himself, then there shall be a new trial allowed before those who are impartial.
EXPOSITION OF THE PRINCIPLES ON WHICH THE PRESENT DYNASTY IS FOUNDED.
The origin of the present government, and system of polity, is as follows: Kamehameha I, was the founder of the kingdom, and to him belonged all the land from one end of the Islands to the other, though it was not his own private property. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property. Wherefore, there was not formerly, and is not now any person who could or can convey away the smallest portion of land without the consent of the one who had, or has the direction of the kingdom.These are the persons who have had the direction of it from that time down, Kamehameha II, Kaahumanu I, and at the present time Kamehameha III. These persons have had the direction of the kingdom down to the present time, and all documents written by them, and no others are the documents of the kingdom.
The kingdom is permanently confirmed to Kamehameha III, and his heirs, and his heir shall be the person whom he and the chiefs shall appoint, during his life time, but should there be no appointment, then the decision shall rest with the chiefs and house of Representatives.
PREROGATIVES OF THE KING.
The prerogatives of the King are as follows: He is the sovereign of all the people and all the chiefs. The kingdom is his. He shall have the direction of the army and all the implements of war of the kingdom. He also shall have the direction of the government property--the poll tax--the land tax--the three days monthly labor, though in conformity to the laws. He also shall retain his own private lands, and lands forfeited for the non-payment of taxes shall revert to him.He shall be the chief judge of the Supreme Court, and it shall be his duty to execute the laws of the land, also all decrees and treaties with other countries, all however in accordance with the laws.
It shall also be his prerogative to form treaties with the rulers of all other kingdoms, also to receive ministers sent by other countries, and he shall have power to confirm agreements with them.
He shall also have power to make war in time of emergency, when the chiefs cannot be assembled, and he shall be the commander-in-chief. He shall also have power to transact all important business of the kingdom which is not by law assigned to others.
RESPECTING THE PREMIER OF THE KINGDOM.
It shall be the duty of the King to appoint some chief of rank and ability, to be his particular minister, whose title shall be Premier of the Kingdom. His office and business shall be the same as that of Kaahumanu I, and Kaahumanu II. For even in the time of Kamehameha I, life and death, condemnation and acquittal were in the hands of Kaahumanu. When Kamehameha I, died, his will was, "The Kingdom is Liholiho's, and Kaahumanu is his Minister." That important feature of the government, originated by Kamehameha I, shall be perpetuated in these Hawaiian Islands, but shall always be in subserviency to the law.The following are the duties of the Premier: All business connected with the special interests of the kingdom, which the King wishes to transact, shall be done by the Premier under the authority if the King. All documents and business of the kingdom executed by the Premier, shall be considered as executed by the King's authority. All government property shall be reported to him (or her) and he (or she) shall make it over to the King.
The King shall not act without the knowledge of the Premier, nor shall the Premier act without the knowledge of the King, and the veto of the King on the acts of the Premier shall arrest the business. All important business of the kingdom which the King chooses to transact in person, he may do it but not without the approbation of the Premier.
GOVERNORS.
There shall be four Governors over these Hawaiian Islands--one for Hawaii--one for Maui and the Islands adjacent--one for Oahu, and one for Kauai and the adjacent Islands. All the Governors, from Hawaii to Kauai shall be subject to the King.The prerogatives of the Governors and their duties, shall be as follows: Each Governor shall have the general direction of the several tax gatherers of his island, and shall support them in the execution of all their orders which he considers to have been properly given, but shall pursue a course according to law, and not according to his own private views. He also shall preside over all the judges of his island, and shall see their sentences executed as above. He shall also appoint the judges and give them their certificates of office.
All the Governors, from Hawaii to Kauai shall be subject not only to the King, but also to the Premier.
The Governor shall be the superior over his particular island or islands. He shall have charge of the munitions of war, under the direction of the King, however, and the premier. He shall have charge of the forts, the soldiery, the arms and all the implements of war. He shall receive the government dues and shall deliver over the same to the Premier. All important decisions rest with him in times of emergency, unless the King or Premier be present. He shall have charge of all the King's business on the island, the taxation, new improvements to be extended, and plans for the increase of wealth, and all officers shall be subject to him. He shall also have power to decide all questions, and transact all island business which is not by law assigned to others.
When either of the Governors shall decease, then all the chiefs shall assemble at such place as the King shall appoint, and shall nominate a successor of the deceased Governor, and whosoever they shall nominate and be approved by the King, he shall be the new Governor.
HOUSE OF NOBLES.
At the present period, these are the persons who shall sit in the government councils, Kamehameha III, Kekauluohi, Hoapiliwahine, Kuakini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leleiohoku, Kekuanaoa, Kealiiahonui, Kanaina, Keoni Ii, Keoni Ana, and Haalilio. Should any other person be received into the council, it shall be made known by law. These persons shall have part in the councils of the kingdom. No law of the nation shall be passed without their assent. They shall act in the following manner: They shall assemble annually, for the purpose of seeking the welfare of the nation, and establishing laws for the kingdom. Their meetings shall commence in April, at such day and place as the King shall appoint.It shall also be proper for the King to consult with the above persons respecting all the great concerns of the kingdom, in order to promote unanimity and secure the greatest good. They shall moreover transact such other business as the King shall commit to them.
They shall still retain their own appropriate lands, whether districts of plantations, or whatever divisions they may be, and they may conduct the business on said lands at their discretion, but not at variance with the laws of the kingdom.
RESPECTING THE REPRESENTATIVE BODY.
There shall be annually chosen certain persons to sit in council with the Nobles and establish laws for the nation. They shall be chosen by the people, according to their wish, from Hawaii, Maui, Oahu and Kauai. The law shall decide the form of choosing them, and also the number to be chosen. This representative body shall have a voice in the business of the kingdom. No law shall be passed without the approbation of a majority of them.RESPECTING THE MEETINGS OF THE LEGISLATIVE BODY.
There shall be an annual meeting as stated above; but if the Rulers think it desirable to meet again they may do it at their discretion.When they assemble, the Nobles shall meet by themselves and the representative body by themselves, though at such times as they shall think it necessary to consult together, they may unite at their discretion.
The form of doing business shall be as follows: The Nobles shall appoint a Secretary for themselves who at the meetings shall record all decisions made by them, and that book of records shall be preserved in order that no decrees affecting the interests of the kingdom may be lost.
The same shall be done by the representative body. They too shall choose a Secretary for themselves, and when they meet for the purpose of seeking the interests of the kingdom, and shall come to a decision on any point, then that decision shall be recorded in a book, and the book shall be preserved, in order that nothing valuable, affecting the interests of the kingdom should be lost; and there shall no new law be made, without the approbation of a majority of the Nobles and also a majority of the representative body.
When any act shall have been agreed upon by them, it shall thin be presented to the King, and if he approve and sign his name, and also the Premier, then it shall become a law of the kingdom, and that law shall not be repealed until it is done by the voice of those who established it.
RESPECTING THE TAX OFFICERS.
The King and Premier shall appoint Tax Officers, and give them their certificates of office. There shall be distinct tax officers for each of the islands, at the discretion of the King and Premier.When a tax officer has received his certificate of appointment, he shall not be dismissed from office without first having a formal trial, and having been convicted of fault, at which time he shall be dismissed. Though if the law should prescribe a given number of years as the term of office, it may be done.
The following are the established duties of the tax officers. They shall assess the taxes and give notice of the amount to all the people, that they may understand in suitable time. The tax officers shall make the assessment in subserviency to the orders of the Governors, and in accordance with the taxes are to be gathered, they shall gather them and deliver the property to the Governor, and the Governor shall pay it over to the Premier, and the Premier shall deliver it to the King.
The tax officers shall also have charge of the public labor done for the King, though if they see proper to commit it to the land agents it is well but the tax officers being above the land agents shall be accountable for the work. They shall also have charge of all new business which the King shall wish to extend through the kingdom. In all business however they shall be subject to the Governor.
The tax officers shall be the judges in all cases arising under the tax law. In all cases where land agents or landlords are charged with oppressing the lower classes, and also in all cases of difficulty between land agents and tenants, the tax officers shall be the judges, and also all cases arising under the tax law enacted on the 7th of June, 1839.
They shall moreover perform their duties in the following manner: Each tax officer shall be confined in his authority to his own appropriate district. If a difficulty arises between a land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent shall execute the law upon him. But if the tax officer judge the land agent to be in fault, then he shall notify all the tax officers of his particular island, and if they are agreed,they shall pass sentence on him and the
governor who shall have power to try the case again, and if exceptions are taken to the decision of the Governor, on information given to the Supreme Judges, there shall be a new and final trial before them.
OF THE JUDGES
Each of the Governors shall at his discretion, appoint judges for his particular island, two or more as he shall think expedient, and shall give them certificates of office, After having received their certificates, they shall not be turned out, except by impeachment, through it shall be proper at any time for the law to limit the term of office.They shall act in the following manner: They shall give notice before hand of the days on which courts are to be held. When the time specified arrives, they shall then enter on the trails according as the law shall direct. They shall be the judges in case arising under all the laws excepting those which regard taxation, or difficulties between land agents, or landlords and their tenants. They shall be sustained by the Governor, whose duty it shall be to execute the law according to their decisions. But if exceptions are taken to their judgment, Whosoever takes them may appeal to the supreme judges.
Their business shall be to settle all cases of difficulty which are left unsettled by the tax officers and common judges. They shall give a new trial according to the conditions of the law. they shall give previous notice of the time for holding courts, in order that those who are in difficulty may appeal. The decision of these shall be final. There shall be no further trial after theirs. Life, death, confinement, fine, and freedom, from it, are all in their hands, and their decisions are final.
OF CHANGES IN THIS CONSTITUTION.
This constitution shall not be considered as finally established, until the people have generally heard it and have appointed persons according to the provisions herein made, and they have given their assent, then this constitution shall be considered as permanently established.But hereafter, if it should be thought desirable to change it, notice shall be previously given, that all the people may understand the nature of the proposed change, and the succeeding year, at the meeting of the Nobles and the representative body, if they shall agree as to the addition proposed or as to the alteration, then they may make it.
The above constitution has been agreed to by the Nobles, and we have hereunto subscribed our names, this eighth day of October, in the year of our Lord 1840, at Honolulu, Oahu.
(Signed) Kamehameha III.
Kekauluohi
Kekauluohi
1852 Constitution:
Kingdom of Hawaii Constitution of 1852
GRANTED BY HIS MAJESTY KAMEHAMEHA III., KING OF THE HAWAIIAN ISLANDS, BY AND WITH THE ADVICE AND CONSENT OF THE NOBLES AND REPRESENTATIVES OF THE PEOPLE IN LEGISLATIVE COUNCIL ASSEMBLED, JUNE 14TH, 1852.
DECLARATION OF RIGHTS.
Article 1.
God hath created all men free and equal, and endowed Lthem with certain inalienable rights; among which are life and liberty, the right of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.Article 2.
All men are free to worship God according to the dictates for their own consciences; but this sacred privilege hereby secured, shall not be so construed as to justify acts of licentiousness or practices inconsistent with the peace or safety of this Kingdom.Article 3.
All men may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of that right; Land no law shall be passed to restrain or abridge the liberty of speech, or of the press.Article 4.
All men shall have the right, in an orderly and peaceable manner to assemble, without arms, to consult upon the common good; give instructions to their Representatives; and to petition the King or the Legislature for redress of grievances.Article 5.
The privilege of the writ of Habeas Corpus belongs to all men, and shall not be suspended, unless by the King, when, in cases of rebellion or invasion, the public safety shall require its suspension.Article 6.
The right of trial by jury, in all cases in which it has been heretofore used in this Kingdom, shall remain inviolate forever.Article 7.
No person shall be subject to punishment for any offense, except on due and legal conviction thereof, in a court having jurisdiction of the case.Article 8.
No person shall be held to answer for any crime or offense (except in cases of impeachment, or for offenses within the jurisdiction of a police or district justice, or in summary proceedings for contempt,) unless upon indictment, fully and plainly describing such crime or offense; and in the trait of any person on the charge of any crime or offense, he shall have the right to meet the witnesses who are produced against him, face to face, to produce witnesses and proofs in his own favor; and by himself, or his counsel, at his election, to examine the witnesses produced by himself, and cross-examine those produced against him; and to be fully heard in his defense.Article 9.
No person shall be required to answer again for an offense, for which he has been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment.Article 10.
No person shall be compelled, in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law.Article 11.
No person shall sit as judge or juror, in any case in which his relative is interested, either as plaintiff, or defendant, or in the issue of which the said judge or juror may have, either directly or through a relative, any pecuniary interest.Article 12.
Slavery shall, under no circumstances whatever, be tolerated in the Hawaiian Islands: whenever a slave shall enter Hawaiian territory he shall be free; no person who imports a slave, or slaves, into the King's dominions shall ever enjoy any civil or political rights in this realm; but involuntary servitude for the punishment of crime is allowable according to law.Article 13.
Every person has the right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and effects; and no warrants shall issue, but on probable cause, supported by oath or affirmation, and describing the place to be searched, and the person or things to be seized.Article 14.
The King conducts His Government for the common good; for the protection, safety, prosperity and happiness His people; and not for the profit, honor, or private interest of any one man, family or class of men among His subjects. Therefore in making laws for the nation, regard shall be had to the protection, interest and welfare not only the King, the Chiefs, and rulers, but of all people alike.Article 15.
Each member of society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, to contribute his proportional share to the expense of his protection; to give his personal services, or an equivalent, when necessary; but no part of the property of any individual, can, with justice, be taken from him or applied to public uses without his own consent, or that of the King, the Nobles, and the Representatives of the people. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefore.Article 16.
No subsidy, impost, duties or tax of any description, shall be established or levied, nor any money drawn from the public treasury under any pretext whatsoever, without the consent of both branches of the Legislature; provided that the Legislature shall make provision, in the annual bills of appropriation, for the emergency of ware, invasion, or rebellion; and the Minister of Finance shall render a detailed account to the Legislature of any expenditure made under that provision.Article 17.
All retrospective laws are unjust; therefore, no such laws shall ever be passed.Article 18.
The Military shall always be subject to the laws of the land, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by the Legislature.Article 19.
All elections by the people shall be by ballot.Article 20.
Every elector shall be privileged from arrest on election days, during his attendance at election, and in going to and returning therefrom, except in cases of treason, felony, or breach of the peace.Article 21.
No elector shall be so obliged to perform military duty, in the day of election, as to prevent his voting, except in time of war or public danger.FORM OF GOVERNMENT.
Article 22.
The Government of the Kingdom is that of Constitutional Monarchy, under His Majesty Kamehameha III. His Heirs, and successors.OF THE EXECUTIVE POWER.
SECTION 1. THE KING, HIS PREROGATIVES.
Article 24.
The King shall continue to be the supreme Executive Magistrate of this Kingdom under the title of His Majesty.Article 25.
The crown is hereby permanently confirmed to His Majesty Kamehameha III. during his life, and to his successor. The successor shall be the person whom the King and the House of Nobles shall appoint and publicly proclaim as such, during the King's life; but should there be no such appointment and proclamation, then the successor shall be chosen by the House of Nobles and the House of Representatives in joint ballot.Article 26.
No person shall ever sit upon the throne who has been convicted of any infamous crime, or who is insane or an idiot. No person shall ever succeed to the crown, unless he be a descendant of the aboriginal stock of Aliis.Article 27.
The King is Commander in Chief of the Army and Navy, and of all other Military forces of the Kingdom by sea and land; and has full power by himself, or by any officer or officers, he may appoint, to train and govern such forces, as he may judge best for the defense and safety of the Kingdom. But he shall never proclaim war without the consent of His Privy Council.Article 28.
The King, by and with the advice of His Privy Council, has the power to grant reprieves and pardons, after conviction, for all offenses, except in cases of impeachment.Article 29.
The King, by and with the advice of His Privy Council, convenes both Houses of the Legislature at the seat of Government, or at a different place, if that should become dangerous, from an enemy, or any dangerous disorder; and in case of disagreement between the two Houses, or between His Majesty and them, He adjourns, prorogues, or dissolves them, but not beyond the session of the next year; and under any great emergency, He may convene both, or either of them to extraordinary sessions.Article 30.
The King has the power, by and with the advice of His Privy Council, to make treaties, and appoint Ambassadors, other public Ministers and Consuls who shall be commissioned, accredited and instructed agreeable to the usage and laws of nations.Article 31.
It is His prerogative to receive and acknowledge ambassadors and other public ministers; to inform the Legislature by Royal Message, from time to time, of the state of the Kingdom, and to recommend to their consideration such measures as he shall judge necessary and expedient.Article 32.
He has the power, by and with the advice of His Cabinet, and the approval of His Privy Council, to appoint and remove at His pleasure any of the several heads of the Executive Departments, and he may require information in writing from any of the officers in the Executive Departments, upon any subject relating to the duties of their respective offices.Article 33.
It is his duty to see that the Treaties and Laws of the land are faithfully observed and executed.Article 34.
The King has the power from time to time, to assemble His Cabinet or Privy Councillors to advice with him agreeably with the Constitution and Laws of the land.Article 35.
The person of the King is inviolable and sacred; His Ministers are responsible; to the King belongs the Executive power; all laws that have passed both Houses of the Legislature, for their validity, shall be signed by His Majesty and the Kuhina Nui; all his other official acts shall be approved by the Privy Council, countersigned by the Kuhina Nui, and by the Minister to whose Department such act may belong.Article 36.
The King is Sovereign of all the Chiefs and of all the People; the Kingdom is His.Article 37.
All titles of honor, orders, and other distinctions emanate from the King.Article 38.
The King coins money and regulates the currency by law.Article 39.
The King, by and with the approval of His Cabinet and Privy Council, in case of invasion or rebellion, can, place the whole Kingdom, or any part of it under martial law; and he can ever alienate it, if indispensable to free it from the insult and oppression of any foreign power.Article 40.
The King's Standard and the National Ensign are maintained as now established.Article 41.
The King's private lands and other property are inviolable.Article 42.
The King cannot be sued or held to account in any court or tribunal of the Realm.SECTION II
OF THE KUHINA NUI
Article 43.
The King appoints some chief of rank and ability to be his Kuhina Nui, who shall be styled the Kuhina Nui of the Hawaiian Islands, and whose title shall be Highness.Article 44.
The Kuhina Nui shall be the King's special Counsellor in the great affairs of the Kingdom. All business connected with the special interests of the Kingdom, which the King wishes to transact, shall be done by the Kuhina Nui under the authority of the King. All Acts, Royal Patents, Commissions, and other official documents, duly executed by the Kuhina Nui in the name and by the consent of the King, agreeably with Article 35, unless specially expected by law, shall be equally binding as if executed by the King himself.Article 45.
All important business for the Kingdom which the King chooses to transact in person, he may do, but not without the approbation of the Kuhina Nui. The King and Kuhina Nui shall have a negative on each other's public acts.Article 46.
The Kuhina Nui shall have charge of the Great Seal of the Kingdom, of the Royal Standard, and of the National Flag; and in the absence of the King, he shall preside over the deliberations of the Privy Council.Article 47.
Whenever the throne shall become vacant by reason of the King's death, or otherwise, and during the minority of any heir to the throne, the Kuhina Nui, for the time being, shall, during such vacancy or minority, perform all the duties incumbent on the King, and shall have and exercise all the powers, which by this Constitution are vested in the King.Article 48.
Whenever during the vacancy of the throne, or the minority of any heir to it, the office of Kuhina Nui shall become vacant by death, resignation, or otherwise, then the Privy Council, or the major part of them, shall, during such vacancy, have full power and authority to do, and execute all and every such acts, matters, and things, as the King or Kuhina Nui might or could, by virtue of this Constitution, do so execute. And in such case, the Privy Council, immediately after the occurring of such vacancy, shall cause a meeting of both Houses of the Legislature, who shall elect by joint ballot a person to fill the office of Kuhina Nui.SECTION III. OF THE PRIVY COUNCIL
Article 49.
There shall continue to be a Council of State for advising the King in the Executive part of the Government, and in directing the affairs of the Kingdom, according to the Constitution and laws of the land, to be called the King's Privy Council of State.Article 50.
The members of the Privy Council are appointed by the King and hold their offices during His Majesty's pleasure. The King's Ministers and the Governors of the Islands, are, ex-officio, members of His Privy Council. The Privy Council regulates its own proceedings by By- laws enacted by themselves and approved by the King.SECTION IV. OF THE KING'S MINISTERS.
Article 51.
The Ministers of the King are appointed and commissioned by Him, and hold their offices during His Majesty's pleasure, subject to impeachment.Article 52.
The King's Ministers constitute his Cabinet Council, and, as such are his special advisers in the Executive affairs of the Kingdom.Article 53.
Each for them shall keep an office at the seat of Government, be accountable for the conduct of his deputies and clerks; and grant information; so far as may consist with the King's honor and the good of the public service, to either House of the Legislature, or attend upon either in person, or by deputy, as such House shall determine.Article 54.
Each of them shall make an annual report to the Legislature, made up to the first of January next preceding, of the transactions and business of his Department, within one week after the opening of the Legislature.SECTION V. OF THE GOVERNORS
Article 55.
The King, by and with the advice of His Privy Council, appoints and commissions the Governors of his several Islands; the Governors hold office for the term of four years, subject to impeachment.Article 57.
The King with the consent of the Governor, may appoint in one or more islands, a Lieutenant Governor, during His pleasure, to assist the Governor but always subordinate to him in authority.Article 58.
The Governors, in case of sickness, or unavoidable absence, in all cases where no Lieutenant Governor has been appointed, have power to appoint substitutes, for all whose official acts they are responsible.Article 59.
The Governor, subject to the King, shall have the executive control of their respective Islands, agreeably with the Constitution and laws of the land; and they shall have the command of the military forces of their respective Islands, and shall make an annual report of the administration of their respective Islands to the Minister of the Interior.OF THE LEGISLATIVE POWER.
Article 60.
The Legislative Power of this Kingdom is vested in the King, the House of Nobles, and the House of Representavties; each of whom has a negative on the other.Article 61.
The Legislative Body shall assemble annually, for the purpose of seeking the welfare of the nation, in the first week in April, and at such other time, and in the place that the King may judge necessary. This Body shall be styled the Legislature of the Hawaiian Islands.Article 62.
Full power and authority are hereby given to said Legislature, from time to time, to make all manner of wholesome laws, either with penalties or without, as they shall judge to be for the welfare of the nation, and for the necessary support and defense of good government; provided the same be not repugnant or contrary to this Constitution.Article 63.
No bill or resolution, although it may have passed the Legislature, shall become a law, or have force as such, until it shall have been presented to the King, through the Kuhina Nui, for the revisal, and if he approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return it with his objections in writing to that House in which it shall have originated, who shall enter the objections at large or their journal, and no such bill shall be brought forward thereafter during the same session.Article 64.
Each House shall be the judge of the qualifications of its own members, and a majority of each shall constitute a quorum to do business: but a small number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.Article 65.
Each House shall choose its own officers, and determine the rules of its own proceedings.Article 66.
Each House shall have authority to punish by imprisonment, not exceeding thirty days, every person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in its presence; or who during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the House, or who shall assault any of them therefore, or who shall assault or arrest any witness or other person ordered to attend the House, in his way going or returning; or who shall rescue any person arrested by order of the House.Article 67.
Each House may punish its own members for disorderly behavior.Article 68.
Each House shall keep a journal of its proceedings, and the yeas and nays of the members of either House, on any question, shall, at the desire of one fifth of those present, be entered on the journal.Article 69.
The members of either House shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same, and they shall not be held to answer for any speech, or debate made in the House, in any other court or place whatsoever.Article 70.
The Members of the House of Representatives shall receive, for their services a compensation to be ascertained by law and paid out of the public treasury, but no increase of compensation shall take effect during the year in which it shall have been made; and no law shall be passed, increasing the compensation of said members beyond the sum of three dollars per day.Article 71.
The members of the House of Nobles sit without nay; but they may receive hereafter such a compensation as the law may enact.OF THE HOUSE OF NOBLES.
Article 72.
The King appoints the members of the House of Nobles, who hold their seats during life, subject to the provision of Article 67; but their number shall not exceed thirty.Article 73.
No person shall be eligible to a seat in the House of Nobles, who shall not have attained to the age of twenty-one years and resided in the Kingdom for five years.Article 74.
The House of Nobles shall be a Court with full and sole authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the Kingdom, for mis-conduct and mal-administration in their offices; but previous to the trial of every impeachment, the members shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence and the law. Their judgment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit under this government; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.OF THE HOUSE OF REPRESENTATIVES
Article 75.
The House of Representatives shall be composed of not less than twenty-four nor more than forty members, who shall be elected annually.Article 76.
The Representation of the people shall be based on the principle of equality, and shall be forever regulated and apportioned according to the population, to be ascertained by the official census. In the year one thousand eight hundred and fifty-three, and every sixth year thereafter, the number of Representatives shall be fixed by the Legislature agreeably with this and the preceding Article.Article 77.
No person shall be eligible for a Representative of the people, who is insane, or an idiot, or who shall at any time have been convicted of any infamous crime, nor unless he be a male subject or denizen of the Kingdom, who shall have arrived at the full age of twenty- five years, who shall know how to read and write, who shall understand accounts, and who shall have resided in the Kingdom for at least one year immediately preceding his election.Article 78.
Every male subject of His Majesty, whether native or naturalized, and every denizen of the Kingdom, who shall have paid his taxes, who shall have attained the full age of twenty years, and who shall have resided in the Kingdom for one year immediately preceding the time of election, shall be entitled to one vote for the representative or representatives, of the district in which he may have resided three months next preceding the day of election; provided that no insane person, nor any person who shall at any time have been convicted of any infamous crime, within this Kingdom, unless he shall have been pardoned by the King, and by the terms of such pardon been restored to all the rights of a subject, shall be allowed to vote.Article 79.
All bills or resolves for raising the revenue, or calling for any expenditure of the public money, shall originate in the House of Representatives; but the House of Nobles may propose or concur with amendments as on other bills.Article 80.
The House of Representatives shall be the grand inquest of the Kingdom; and all impeachments made by them shall be heard and tried by the House of Nobles.OF THE JUDICIARY
Article 81.
The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such inferior courts as the Legislature may from time to time establish.Article 82.
The Supreme Court shall consist of a Chief Justice and two associate Justices, any of whom may hold their offices during good behavior, subject to removal upon impeachment; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Provided, however, that any judge of the Supreme Court, or of any other Court of Record, may be removed from office for mental or physical inability by a concurrent resolution of two-thirds of both branches of Legislature. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either branch of the Legislature shall act thereon.Article 83.
The Kingdom shall be divided, by law, into a convenient number of circuits, not less than four, nor exceeding eight, subject to alteration by the Legislature, from time to time, as the public good may require; for each of which one or more Circuit Judges, not exceeding three, however, shall be appointed to hold their offices during good behavior, subject to removal upon impeachment.Article 84.
The Judicial power shall extend to all cases in Law and Equity, arising under the constitution, any law of this Kingdom, and treaties made, or which shall be made under their authority; to all cases affecting Ambassadors, other public ministers and Consuls, and to all cases of Admiralty and maritime jurisdiction.Article 85.
The Judicial power shall be divided among the Supreme Court and the several inferior courts of the Kingdom in such manner as the Legislature may from time to time indicate.Article 86.
The Chief Justice of the Supreme Court shall be the Chancellor of the Kingdom; he shall be ex-officio President of the House of Nobles in all cases of impeachment, unless when impeached himself; and exercise such jurisdiction in equity or other cases as the law may confer upon him, his decisions being subject, however, to the revision of the Supreme Court, on appeal.Article 87.
The decisions of the Supreme Court, when made by a majority of the Justices thereof, shall be final and conclusive upon all parties.Article 88.
The King, His Ministers, the Governors, and each branch of the Legislature shall have authority to require the opinions of the Justices of the Supreme Court, upon important questions of law, and upon solemn occasions.Article 89.
The King, by and with the advice of His Privy Council, appoints the Justices of the Supreme Court, and all other Judges of Courts of Record; their salaries are fixed by law.Article 90.
The Governors, by and with the advice of the Justices of the Supreme Court, shall appoint the District Justices of their respective islands.Article 91.
In order that the people may not suffer from long continuance in place of any District Justice, who shall fail of discharging the important duties of his office with ability and fidelity, all commissions of District Justices shall expire and become void in the term of two years from their respective dates; and upon the expiration of any commission the same shall be renewed, or another person appointed, as shall most conduce to the well-being of the Kingdom. Provided always, that District justices shall be subject to removal at any time by the Circuit Court of their respective islands, for causes particularly assigned by the Judges of said Court in rendering their judgment. But no District Justice shall be removed until he shall have notice of the charges made against him and an opportunity of being heard in his defense.Article 92.
No Judge or Magistrate can sit alone on an appeal or new trial, in any case on which he may have given a previous judgment.Article 93.
It shall be the duty of the Chief Justice to make an annual report, through the Minister of the Interior, to the Legislature, of the state of the Judiciary of the Kingdom in all its branches.Article 94.
The King, after approving this Constitution, shall take the following oath:I solemnly Swear, in the presence of Almighty God, to maintain the Constitution of the Kingdom whole and inviolate, and to govern in conformity with that and and the laws.
Article 95.
The Kuhina Nui shall take the same oath; and when exercising the Executive Power, during a minority, he shall take the following oath:I solemnly swear, in the presence of Almighty God, to preserve the rights of the Heir to the Crown, and the Constitution whole and inviolate, and to govern in conformity with that and the law.
Article 96.
Every member of the House of Nobles shall take the following oath:I solemnly swear in the presence of Almighty God, that I will loyally support the Constitution and Laws of the Hawaiian Islands, and conscientiously and impartially discharge my duty as a member of this House.
Article 97.
Every member of the House of Representatives shall take the following oath:I most solemnly swear in the presence of Almighty God, that I will faithfully support the Constitution and Laws of the Hawaiian Islands and conscientiously and impartially discharge my duties, as a Representative of the people.
GENERAL PROVISIONS
Article 98.
No personal shall ever hold a seat in the Legislature, orany office of honor, trust, or profit under the Government of the Hawaiian Islands, who shall in due course of law, have been convicted of theft, bribery, perjury, forgery, embezzlement, or other high crime or misdemeanor.Article 99.
No officer of this Government shall hold any office, or receive any pension or salary, from any other government, or power whatever.Article 100.
The Legislature votes the appropriations for the year, after due consideration of the revenue and expenditure of the year preceding, and of the estimates of the revenue and expenditure for the current year, which shall be submitted to them by the Minister of Finance; all which accounts shall be appended to the Bill of Appropriations and published annually.Article 101.
The enacting style in making and passing all Acts and Laws, shall be:ÐÐ "Be it enacted by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled."Article 102.
To avoid improper influences which may result from intermixing in one and the same Act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.Article 103.
All laws now in force in this Kingdom, shall continue and remain in full effect, until altered or repealed by the Legislature; such parts only excepted as are repugnant to this Constitution. All laws now enacted, or that may hereafter be enacted, contrary to this Constitution, shall be null and void.Article 104.
This Constitution shall be in force from the first Monday of December in the year one thousand eight hundred and fifty-two; but that there may be no failure of justice, or danger to the Kingdom, from any change, all officers of this Kingdom, at the time this Constitution shall take effect, shall have, hold, and exercise all the powers to them granted, until other persons shall be appointed in their stead; and all courts of the law shall proceed in the execution of the business of their respective departments; and all executive and legislative officers, bodies and powers, shall continue in full force, in the enjoyment and exercise of their trusts, employments and authority, until new appointments or elections shall take place under this Constitution.MODE OF AMENDING THE CONSTITUTION.
Article 105.
Any amendment or amendments to this Constitution may be proposed in either branch of the Legislature, and if the same shall be agreed to by a majority of the members of each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the next Legislature; which proposed amendment or amendments shall be published for three months previous to the election of the next House of Representatives; and if, in the next Legislature, such proposed amendment or amendments, shall be agreed to by two-thirds of all the members of each house, and be approved by the King, such amendment or amendments shall become part of the Constitution of this Kingdom.KAMEHAMEHA.
.Keoni Ana
Note:
Read this Over and Over again, the Part about what the Hawaiian Government is.......the two (2) permanent bodies - Sovereign; and House of Nobles; and the last part which can vote and that third part is the House of Representatives............doesn't that mean that the entity State is operating on 1/3 function...........totally illegal.........this is ON RECORD! Maka Ala you Sleeping Giants!
1864 Constitution:
Kingdom of Hawaii Constitution of 1864
GRANTED BY HIS MAJESTY KAMEHAMEHA V, BY THE GRACE OF GOD, KING OF THE HAWAIIAN ISLANDS, ON THE TWENTIETH DAY OF AUGUST, A.D. 1864.
Article 1.
God hath endowed all men with certain inalienable rights; among which are life, liberty, and the right of acquiring, possessing, and protection property, and of pursuing and obtaining safety and happiness.Article 2.
All men are free to worship God according to the dictates of their own conscience; but this sacred privilege hereby secured, shall not be so construed as to justify acts of licentiousness, of practices inconsistent with the peace or safety of the Kingdom.Article 3.
All men may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of that right, and no law shall be enacted to restrain the liberty of speech, or of the press, except such laws as may be necessary for the protection of His majesty the King and the Royal Family.Article 4.
All men shall have the right, in an orderly and peaceable manner, to assemble, without arms, to consult upon the common good, and to petition the King or Legislative Assembly for redress of grievances.Article 5.
The privilege of the writ of Habeas Corpus belongs to all men, and shall not be suspended, unless by the King, when in cases of rebellion or invasion, the public safety shall require its suspension.Article 6.
No person shall be subject to punishment for any offense, except on due and legal conviction thereof, in a Court having jurisdiction of the case.Article 7.
No person shall be held to answer for any crime or offense (except in cases of impeachment, or for offenses within the jurisdiction of a Police or District Justice, or in summary proceedings for contempt), unless upon indictment, fully and plainly describing such crime or offense, and he shall have the right to meet the witnesses who are produced against him face to face; to produce witnesses and proofs in his own favor; and by himself of his counsel, at his election, to examine the witnesses produced by himself, and cross-examine those produced against him, and to be fully heard in his defense. In all cases in which the right of trial by Jury has been heretofore used, it shall be held inviolable forever, except in actions of debt of, assumpsit in which the amount claimed is less than Fifty Dollars.Article 8.
No person shall be required to answer again for an offense, of which he has been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment.Article 9.
No person shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, of property without due process of law.Article 10.
No person shall sit as a judge or juror, in any case in which his relative is interested, either as plaintiff or defendant, or in the issue of which the said judge or juror, may have, either directly or through a relative, any pecuniary interest.Article 11.
Involuntary servitude, except for crime, is forever prohibited in this Kingdom; whenever a slave shall enter Hawaiian Territory, he shall be free.Article 12.
Every person has the right to be secure from all unreasonable searches and seizures of his person, his house, his papers and effects; and no warrants shall issue but on probable cause supported by oath or affirmation and describing the place to be searched, and the persons of things to be seized.Article 13.
The King conducts His Government for the common good; and not for the profit, honor, or private interest of any one man, family, or class of men among His subjects.Article 14.
Each member of society has a right to be protected by it, in the enjoyment of his life, liberty, and property,according to law; and, therefore, he shall be obliged to contribute his proportional share to the expenses of this protection, and to give his personal services, or an equivalent when necessary; but no part of the property of any individual shall be taken from him, or applied to public uses, without his own consent, or the enactment of the Legislative Assembly, except the same shall be necessary for the military operation of the Kingdom in time of war or insurrection; and whenever the public exigencies may require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.Article 15.
No subsidy, duty or tax of any description shall be established or levied, without the consent of the Legislative Assembly; nor shall any money be drawn from the Public Treasury without such consent, except when between the session of the Legislative Assembly the emergencies of war, invasion, rebellion, pestilence, or other public disaster shall arise, and then not without the concurrence of all the Cabinet, and of a majority of the whole Privy Council; and the Minister of Finance shall render a detailed account of such expenditure to the Legislative Assembly.Article 16.
No Retrospective Laws shall ever be enacted.Article 17.
The Military shall always be subject to the laws of the land, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by the Legislature.Article 18.
Every Elector shall be privileged from arrest on election days during his attendance at election, and in going to and returning therefrom, except in cases of treason, felony, or breach of the peace.Article 19.
No Elector shall be so obliged to perform military duty, on the day of election, as to prevent his voting; except in time of war, or public danger.Article 20.
The Supreme Power of the Kingdom in its exercise, is divided into the Executive, Legislative, and Judicial; these shall always be preserved distinct, and no Judge of a Court of Record shall ever be a member of the Legislative Assembly.Article 21.
The Government of this Kingdom is that of a Constitutional Monarchy, under His Majesty Kamehameha V, His Heirs and Successors.Article 22.
The Crown is hereby permanently confirmed to His Majesty, Kamehameha V, and to the Heirs of His body lawfully begotten, and to their lawful Descendants in a direct line; failing whom, the Crown shall descend to Her Royal Highness the Princess Victoria Kamamalu Kaahumanu, and the heirs of her body, lawfully begotten, and their lawful descendants in a direct line. The Succession shall be to the senior male child, and to the heirs of his body; failing a male child, the succession shall be to the senior female child, and to the heirs of her body. In case there is no heir as above provided, then the successor shall be the person whom the Sovereign shall appoint with the consent of the Nobles, and publicly proclaim as such during the King's life; but should there be no such appointment and proclamation, and the Throne should become vacant, then the Cabinet Council, immediately after the occurring of such vacancy, shall cause a meeting of the Legislative Assembly, who shall elect by ballot some native Alii of the Kingdom as Successor so elected shall become a new Stirps for a Royal Family; and the succession from the Sovereign thus elected, shall be regulated by the same law as the present Royal Family of Hawaii.Article 23.
It shall not be lawful for any member of the Royal Family of Hawaii who may by Law succeed to the Throne, to contract Marriage without the consent of the Reigning Sovereign. Every Marriage so contracted shall be void, and the person so contracting a Marriage, may, by the Proclamation of the Reigning Sovereign, be declared to have forfeited His of Her right to the Throne, and after such Proclamation, the Right of Succession shall vest in the next Heir as though such offender were Dead.Article 24.
His Majesty Kamehameha V, will, and His Successors upon coming to the Throne, shall take the following oath: I solemnly swear in the presence of Almighty God, to maintain the Constitution of the Kingdom whole and inviolate, and to govern in conformity therewith.Article 25.
No person shall ever sit upon the Throne, who has been convicted of any infamous crime, or who is insane, or an idiot.Article 26.
The King is the Commander-in-Chief of the Army and Navy, and of all other Military Forces of the Kingdom, by sea and land; and has full power by Himself, or by any officer or officers He may appoint, to train and govern such forces, and He may judge best for the defence and safety of the Kingdom. But he shall never proclaim war without the consent of the Legislative Assembly.Article 27.
The King, by and with the advice of His Privy Council, has the power to grant reprieves and pardons, after conviction, for all offences, except in cases of impeachment.Article 28.
The King, by and with the advice of His Privy Council, convenes the Legislative Assembly at the seat of Government, or at a different place, if that should become dangerous from an enemy or any dangerous disorder; and in case of disagreement between His Majesty and the Legislative Assembly, he adjourns, prorogues, or dissolves it, but not beyond the next ordinary Session; under any great emergency, he may convene the Legislative Assembly to extraordinary Sessions.Article 29.
The King has the power to make Treaties. Treaties involving changes in the Tariff or in any law of the Kingdom shall be referred for approval to the Legislative Assembly. The King appoints Public Ministers, who shall be commissioned, accredited, and instructed agreeably to the usage and law of Nations.Article 30.
It is the King's Prerogative to receive and acknowledge Public Ministers; to inform the Legislative Assembly by Royal Message, from time to time, of the state of the Kingdom, and to recommend to its consideration such measures as he shall judge necessary and expedient.Article 31.
The person of the King is inviolable and sacred. His Ministers are responsible. To the King belongs the Executive power. All laws that have passed the Legislative Assembly, shall require His Majesty's signature in order to their validity.Article 32.
Whenever, upon the decease of the Reigning Sovereign, the Heir shall be less than eighteen years of age, the Royal Power shall be exercised by a Regent Council of Regency; as hereinafter provided.Article 33.
It shall be lawful for the King at any time when he may be about to absent himself from the Kingdom, to appoint a Regent or Council of Regency, who shall administer the Government in His name; and likewise the King may, by His last Will and Testament, appoint a Regent or Council of Regency to administer the Government during the minority of any Heir to the Throne; and should a Sovereign decease, leaving a Minor Heir, and having made no last Will and Testament, the Cabinet Council at the time of such decease shall be a Council of Regency, until the Legislative Assembly, which shall be called immediately, may be assembled, and the Legislative Assembly immediately that it is assembled shall proceed to choose by ballot, a Regent of Council of Regency, who shall administer the Government in the name of the King, and exercise all the powers which are Constitutionally vested in the King, until he shall have attained the age of eighteen years, which age is declared to be the Legal Majority of such Sovereign.Article 34.
The King is Sovereign of all the Chiefs and of all the People; the Kingdom is His.Article 35.
All Titles of Honor, Orders, and other distinctions, emanate from the King.Article 36.
The King coins money, and regulates the currency by law.Article 37.
The King, in case of invasion or rebellion, can place the whole Kingdom or any part of it under martial law.Article 38.
The National Ensign shall not be changed, except by Act of the Legislature.Article 39.
The King's private lands and other property are inviolable.Article 40.
The King cannot be sued or held to account in any Court or Tribunal of the Realm.Article 41.
There shall continue to be a Council of State, for advising the King in all matters for the good of the State, wherein He may require its advice, and for assisting him in administering the Executive affairs of the Government, in such manner as he may direct; which Council shall be called the King's Privy Council of State, and the members thereof shall be appointed by the King, to hold office during His Majesty's pleasure.Article 42.
The King's Cabinet shall consist of the Minister of Foreign Affairs, the Minister of the Interior, the Minister of Finance, and the Attorney General of the Kingdom, and these shall be His Majesty's Special Advisers in the Executive affairs of the Kingdom; and they shall be ex officio Members of His Majesty's Privy Council of State. They shall be appointed and commissioned by the King, and hold office during His Majesty's pleasure, subject to impeachment. No act of the King shall have any effect unless it be countersigned by a Minister, who by that signature makes himself responsible.Article 43.
Each member of the King's Cabinet shall keep an office at the seat of Government, and shall be accountable for the conduct of his deputies and clerks. The Ministry hold seats ex officio, as Nobles, in the Legislative Assembly.Article 44.
The Minister of Finance shall present to the Legislative Assembly in the name of the Government, of the first day of the meeting of the Legislature, the Financial Budget, in the Hawaiian and English languages.Article 45.
The Legislative power of the Three Estates of this Kingdom is vested in the King, and the Legislative Assembly; which Assembly shall consist of the Nobles appointed by the King, and of the Representatives of the People, sitting together.Article 46.
The Legislative Body shall assemble biennially, in the month of April, and at such other time as the King may judge necessary, for the purpose of seeking the welfare of the Nation. This Body shall be styled the Legislature of the Hawaiian Kingdom.Article 47.
Every member of the Legislative Assembly shall take the following oath: I most solemnly swear, in the presence of Almighty God, that I will faithfully support the Constitution of the Hawaiian Kingdom, and conscientiously and impartially discharge my duties as a member of this Assembly.Article 48.
The Legislature has full power and authority to amend the Constitution as hereinafter provided; and from time to time to make all manner of wholesome laws, not repugnant to the provisions of the Constitution.Article 49.
The King shall signify His Approval of any Bill or Resolution, which shall have passed the Legislative Assembly, by signing the same previous to the final rising of the Legislature.But if he shall object to the passing of such Bill or Resolution, He will return it to the Legislative Assembly, who shall enter the fact of such return on its journal, and such Bill or Resolution shall not be brought forward thereafter during the same session.Article 50.
The Legislative Assembly shall be the judge of the qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as the Assembly may provide.Article 51.
The legislative Assembly shall choose its own officers and determine the Rules of its own proceedings.Article 52.
The Legislative Assembly shall have authority to punish by imprisonment, not exceeding thirty days, every person, not a member, who shall be guilty of disrespect to the Assembly, by any disorderly or contemptuous behavior in its presence; or who, during the time of its sitting, shall publish any false report of its proceedings, or insulting comments upon the same; or who shall threaten harm to the body or estate of any of its members, for anything said or done in the Assembly; or who shall assault any of them therefor, or who shall assault or arrest any witness, or other person ordered to attend the Assembly,in his way going or returning; or who shall rescue any person arrested by order of the Assembly.Article 53.
The Legislative Assembly may punish its own members for disorderly behavior.Article 54.
The Legislative Assembly shall keep a journal of its proceedings; and the yeas and nays of the members, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.Article 55.
The Members of the Legislative Assembly shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the Sessions of the Legislature, and in going to and returning from the same; and they shall not be held to answer for any speech or debate made in the Assembly, in any other Court or place whatsoever.Article 56.
The Representatives shall receive for their services a compensation to be ascertained by law, and paid out of the Public Treasury, but no increase of compensation shall take effect during the year in which it shall have been made; and no law shall be passed, increasing the compensation of said Representatives beyond the sum of One Hundred and Fifty Dollars for each session.Article 57.
The King appoints the Nobles, who shall hold their appointments during life, subject to the provisions of Article 53; but their number shall not exceed twenty.Article 58.
No person shall be appointed a Noble who shall not have attained the age of twenty-one years and resided in the Kingdom five years.Article 59.
The Nobles shall be a Court, with full and sole authority to hear and determine all impeachments made by the Representatives, as the Grand Inquest of the Kingdom, against any officers of the Kingdom, for misconduct or maladministration in their offices; but previous to the trial of every impeachment the Nobles shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence and the law. Their judgement, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this Government; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment according to the laws of the land. No Minister shall sit as a Noble on the trial of any impeachment.Article 60.
The Representation of the People shall be based upon the principle of equality, and shall be regulated and apportioned by the Legislature according to the population, to be ascertained, from time to time, by the official census. The Representatives shall not be less in number than twenty-four, nor more than forty, who shall be elected biennially.Article 61.
No person shall be eligible for a Representative of the People, who is insane or an idiot; nor unless he be a male subject of the Kingdom, who shall have arrived at the full age of Twenty-One years--who shall know how to read and write-- who shall understand accounts--and shall have been domiciled in the Kingdom for at least three years, the last of which shall be the year immediately preceding his election; and who shall own Real Estate, within the Kingdom, of a clear value, over and above all incumbrances, of at least Five Hundred Dollars; or who shall have an annual income of at least Two Hundred and Fifty Dollars; derived from any property, or some lawful employment.Article 62.
Every male subject of the Kingdom, who shall have paid his taxes, who shall have attained the age of twenty years, and shall have been domiciled in the Kingdom for one year immediately preceding the election; and shall be possessed of Real Property in this Kingdom, to the value over and above all incumbrances of One Hundred and Fifty Dollars of of a Lease-hold property on which the rent is Twenty-five Dollars per year--or of an income of not less than Seventy-five Dollars per year, derived from any property or some lawful employment, and shall know how to read and write, if born since the year 1840, and shall have caused his name to be entered on the list of voters of his District as may be provided by law, shall be entitled to one vote for the Representative or Representatives of that District. Provided, however, that no insane or idiotic person, nor any person who shall have been convicted of any infamous crime within this Kingdom, unless he shall have been pardoned by the King, and by the terms of such pardon have been restored to all the rights of a subject, shall be allowed to vote.Article 63.
The property qualifications of the Representatives of the People, and of the Electors, may be increased by law.Article 64.
The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such Inferior Courts as the Legislature may, from time to time, establish.Article 65.
The Supreme Court shall consist of a Chief Justice, and not less than two Associate Justices, any of whom may hold the Court. The Justices of the Supreme Court shall hold their offices during good behavior, subject to removal upon impeachment, and shall, at stated times, received for their services a compensation, which shall not be diminished during their continuance in office. Provided, however, that any Judge of the Supreme Court or any other Court of Record may be removed from office, on a resolution passed by two-thirds of the Legislative Assembly, for good cause shown to the satisfaction of the King. The Judge against whom the Legislative Assembly may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least ten days before the day on which the Legislative Assembly shall act thereon. He shall be heard before the Legislative Assembly.Article 66.
The Judicial Power shall be divided among he Supreme Court and the several Inferior Courts of the Kingdom, in such manner as the Legislature may, from time to time, prescribe, and the tenure of office in the Inferior Courts of the Kingdom shall be such as may be defined by the law creating them.Article 67.
The Judicial Power shall extend to all cases in law and equity, arising under the Constitution and laws, of this Kingdom, and Treaties made, of which shall be made under their authority, to all cases affecting Public Ministers and Consuls, and to all cases of Admiralty and Maritime jurisdiction.Article 68.
The Chief Justice of the Supreme Court shall be the Chancellor of the Kingdom; he shall be ex officio President of the Nobles in all cases of impeachment, unless when impeached himself; and exercise such jurisdiction in equity of other cases as the law may confer upon him; his decisions being subject, however, to the revision of the Supreme Court on appeal. Should the Chief Justice ever be impeached, some person specially commissioned by the King shall be President of the Court of Impeachment during such trial.Article 69.
The decisions of the Supreme Court, when made by a majority of the Justices thereof, shall be final and conclusive upon all parties.Article 70.
The King, His Cabinet, and the Legislative Assembly, shall have authority to require the opinions of the Justices of the Supreme Court, upon important questions of law, and upon solemn occasions.Article 71.
The King appoints the Justices of the Supreme Court, and all other Judges of Courts of Record; their salaries are fixed by law.Article 72.
No judge or Magistrate can sit alone on an appeal or new trial, in any case on which he may have given a previous judgment.Article 73.
No person shall ever hold any officer of Honor, Trust, or Profit under the Government of the Hawaiian Islands, who shall in due course of law, have been convicted of Theft, Bribery, Perjury, Forgery, Embezzlement, or other high crime or misdemeanor, unless he shall have been pardoned by the King, and restored to his Civil Rights, and by the express terms of his pardon, declared to be appointable to offices of Trust, Honor, and Profit.Article 74.
No officer of this Government shall hold any office, or receive any salary from any other Government or Power whatever.Article 75.
The Legislature votes the Appropriations biennially, after due consideration of the revenue and expenditure for the two preceding years, an the estimates of the revenue and expenditure of the two succeeding years, which shall be submitted to them by the Minister of Finance.Article 76.
The enacting style in making and passing all Acts and Laws shall be, "Be it enacted by the King, and the Legislative Assembly of the Hawaiian Islands, in the Legislature of the Kingdom assembled."Article 77.
To avoid improper influences which may result from intermixing in one and the same Act, such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in its tilte.Article 78.
All laws now in force in this Kingdom, shall continue and remain in full effect, until altered of repealed by the Legislature; such parts only excepted as are repugnant to this Constitution. All laws heretofore enacted, or that may hereafter be enacted, which are contrary to this Constitution, shall be null and void.Article 79.
This Constitution shall be in force from the Twentieth day of August in the year One Thousand Eight Hundred and Sixty-four, but that there may be no failure of justice, or inconvenience to the Kingdom, from any change, all officers of this Kingdom, at the time this Constitution shall take effect, shall have, hold, and exercise all the power to them granted, until other persons shall be appointed in their stead.Article 80.
Any amendment or amendments to this Constitution may be proposed in the Legislative Assembly, and if the same shall be agreed to by a majority of the members thereof, such proposed amendment of amendments shall be entered on its journal, with the yeas and nays taken thereon, and referred to the next Legislature; which proposed amendment or amendments shall be published for three months previous to the next election of Representatives; and if in the next Legislature such proposed amendment of amendments shall be agreed to by two-thirds of all the members of the Legislative Assembly, and be approved by the King, such amendment or amendments shall become part of the Constitution of this country.KAMEHAMEHA R.
A CONSTITUTIONAL MONARCHY "IN REM" CLAIMS SOME:
The following was posted by Tane on Maoliworld.com This is his take:
It's simpler to refer to the Constitution of 1864 which is still basically in effect. The reason being that the 1887 was
never ratified but implied; Legislation was out of session at the time; the Queen attempted to restore it; it was still a
Constitutional Monarchy whereas the Bayonet Constitution of 1887 was done under duress which makes it null and
void; 1887 stripped her powers which means her veto power was nil.
She proposed the new constitution to restore the rights of the citizens and redeem the powers of the monarch enjoyed
by Lot. Her muhe'e cabinet had double-crossed her once she intended to promulgate the illicit constitution and told
her to hold off. When the people gathered, she told them to be patient as she could not promulgate the Bayonet
constitution and introduce the new one which she felt had to have the approval and support of her cabinet to go
through the proper protocols as was done in 1864.
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The Discussion is Open.....................the FACTS are here...........The Hawaiian Government Remains in the Sovereign and House of Nobles Descendants and Heirs........
The House of Representatives are the only voting party who's NOT RELATED to the Sovereign and House of Nobles, the same group of gangsters in place since dethroning Queen Liliuokalani in 1893.
aloha.
Reference:
http://www.hawaii-nation.org/legal.html
Tane's expertise on Maoliworld.com
Mana Kaleilani Caceres - Couldn't Take The Mana - YouTube |
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www.youtube.com/watch?v=g5ZtwyTcGdM5 min - Sep 28, 2008 - Uploaded by AppleCherryBomb
The image I used throughout this video is the Hawaiian flag upside-down. It is because it means "nation in distress". It is used through out the ... |
Replies
This is a repost pertaining to the Sovereign position...............
"Many have a misconception of the Kingdom laws and constitution or are ignorant of what it says. because of that, much is conjectured and reinterpreted till many get confused. The constitution lays out the eligibility , criteria, and process in electing a new monarch should the previous one fails to name a successor."
"Today it's a catch-22 but still can be worked out lawfully since the Hawaiian Kingdom still exists albeit under the U.S. Belligerent Occupation. Kauikeaouli established the Royal School for his hand-picked ali'i children to be eligibles for successor-ship of the throne should there be a vacancy whereby the previous monarch fails to name one."
Note: Evidence of eligibles in the 1844 newspapers.....
and KAOLEIOKU's descendants exist............Kamehameha's Oldest Son who had four (4) children: Pauahi (w) - mother of Ruth Keelikolani; Hanuna (k) - father of Kini (w); Hookahe (w); Poohina (w) and Kapule (k); Keola (k) - father of Alenoho (k), et. als.; and Konia (w) - mother of Bernice Pauahi.
Kamehameha III - Kauikeouli did hanai his cousins, the John Young, Isaac Davis families:
James Young Kanehoa - hanai children's descendants exist; Keoni Ana/John Young Jr.; Grace Kamaikui - her children Hueu Davis (k) - many descendants exist; Kale Davis (w) - many descendants exist; and Peke Davis (w) many descendants exist; Fanny Kekela (w); and Gini Lahilahi - many descendants exist.
Many descendants exist today and many are connecting ---had a meeting with several descendants yesterday, and several today..........many receive the IOLANI - The Royal Hawk news on the web.
"There is a process that covers this should it occur. The monarch, Legislature (House of Commons), and the House of Nobles all play a crucial part in this process. The candidates must be above reproach, educated properly, not an idiot, and approved as part of the criteria."
"Lot named Pauahi and she rightfully declined; that left the Queen Dowager Emma who deferred it to Lunalilo whose rank was higher than hers and being a bloodline of Kamehameha. Thus he was the first elected monarch and popular with the people."
Note: Lunalilo's mother Auhea/Kekauluohi was married four (4) times. Her first husband was Kamehameha; her second husband was Kamehameha II - Liholiho.
Lunalilo had a special status and was respected thru his mother's lines, who was a three time widow before she married Charles Kanaina.
"When Liliuokalani died, there were two women from the Royal School that survived the queen; Abigail Maheha and Jane Loeau. Coincidently, they were the only ones that had legitimate descendants that survive today. Kuhio tried to declare the Queen incompetent which created a rift between them and she cut him out of her will. He became persona non grata. Which amounted to him being cut out of the line of succession. The Crown Princess was patented and approved as heir to the throne due to the fact that she was directly blood-related ; unfortunately, the Queen out-lived her which ended the Kalakaua Stirps."
Note: Abigail Maheha has many descendants and heirs. Jane Loeau did marry a haole. Research incomplete.
Kuhio's connection to the King Kalakaua's Dynasty was thru his aunty Queen Kapiolani who gave a deed for Kuhio and Kawananakoa after she died. They immediately filed it, and she opposed them publicly in the Hawaiian newspaper in 1898.
Princess Kaiulani was to be married to Prince Kuhio, but she died........it was not in the movie Kaiulani, by the way....
Queen Liliuokalani in her younger days living as a hanai grandchild of a Kamehameha descendant did have children/hanai children and formed a Trust in 1872.
Queen Liliuokalani denied she signed a will with the haole. See her will below:
Prince Kuhio, after Queen Liliuokalani died, did take an out of court settlement to the claim by our Queen that she did not sign a will..........he received a house in Waikiki, and agreed not to become a King/Monarch.
The bottom line is that the Princes were not part of the Kamehameha families, nor part of the Kalakaua, Queen Liliuokalani families.
How they did gain a fractional interest was through an agreement to pay off one of her 1872 designated trustees hanai daughter's child who has been problematic over time. Research continues on this line, and evidence of the agreements are recorded at the Bureau of Conveyances...........research incomplete.
Queen Liliuokalani's issues remain unresolved............and it appears issues of genocide has occurred over time affecting the families of Queen Liliuokalani, which others and myself are a part of.........do your genealogies folks because she had many children that she called her own and hanai as well.
"Since the unlawful belligerent occupation of the U.S.A., the still-existing Hawaiian Kingdom has been powerless to act on its own behalf and due process of choosing a monarch. Precedent demands that today, should the subjects of the kingdom choose to continue the constitutional monarchy, that this would then open up to all collateral relations of the children that were picked for the Royal School; which includes the direct descendants from Jane Loeau and Abigail Maheha provided all meet the requirements established in the Constitution."
Picks also include the actual Kamehameha bloodlines, his brother Keliimaikai's descendants, et. als. who were the hanai/adopted children of Kauikeouli/Kamehameha III.
The Kawananakoa's are not from the above lines.
"We must remember there were senior lines and junior lines. Also important in the Hawaiian system was who's the mother and who's the father whereby the birthright and birth rank are established. With all the intermarriages today, it could be a problem for many. If that practice is dispensed with; then it would open up to many more. Catch-22 is that the monarch has to approve of the marriages or that person would be struck from the line of succession as if dead. So, we can see updates and changes must be ratified by legislature and House of Nobles before electing a monarch or reformation of government. This tells me we are putting the cart before the horse and needlessly worrying about who will be mo'i."
Some of Kamehameha's descendants are also descendants of the original members of the House of Nobles. Some of us are descendants of multiple individuals as well. Like marries like, the sociological phenomenon can be seen in marriages in our families. Studies of cross cultural marriages also shows this significant phenomenon.
"The other point brought up was identifying who is ali'i. Many of us were raised not to profess that we were ali'i and that people will know by one's demeanor, conduct, and even to the extreme of name recognition. In other words you'll be judged by your actions. To boast you are ali'i or descendant from one; is to be ho'okano, arrogant, and presumptuous as well as vain. When the missionaries came to Hawai'i, many ka po'e haole Melika wanted to kill off the ali'i so they could control the people and takeover Hawai'i. Poison was the most prevalent usage during that time; and the reason many went underground. This produced the behaviour I previously described."
Note: The Hawaiian Genealogy Society came together in 1995........not because we are Kamehameha descendants, et. als. but the question asked was "do you have ancestors who were killed, beaten, thrown on Kalaupapa, Molokai (charged with leprosy, etc.)?" well, many showed up to the meetings and documenting genocide issues has been made over time as well. These are issues of human rights violations and needs to be told to our people and the World today.
"The ali'i of olden days were related to many throughout the islands. Many bloodlines intermeshed with others and there are descendants from pio unions on all islands. It becomes irrelevant what island since most were related to each other."
Note: Genealogy(ies) remains a study of individuals bloodlines because not everyone has the same ancestors, not everyone can claim that they descend from Kamehameha who began the Monarchy government in 1810. Genealogy(ies), history, laws are part of our active practice of an ancient 3,000 year old culture............and to lump everyone together saying that they are related to each other is just a failure to heed the ancient practices of linking the truth, the people to the land, failure to respect one's ancestors, etc. or
It could just be an implanted fear, deliberately taught by the haole that something will happen to those who find out who they're from........many say that there's a spiritual guide prompting them to do their research.......and it's all good...........because one has to realize that the squatters, homeless, pirates plundering comes from people who were the castouts, the throwaways of England who searched out already occupied lands and called it theirs only 200+ years ago..........and we are nearly 3,000 years old........the Middle East nations are more than 8,000 years old, along with China, Africa, Russia...........then look at what one of the youngest nations, the U.S. supported by England has done with their propaganda, lies, etc.
"Each island has their sacred places which should be revered and preserved. Hawai'i ka pae aina has been recognized internationally as the Kingdom of Hawaii and to splinter it up more would be a treasonous action. Governorship was given to each island and this is where your ali'i from your island could hold title. Molokai and Lana'i was always part of Mau'i's jurisdiction. If you view hawaiiankingdom.org you may better understand the construct of the Kingdom and its laws which are still in effect."
Note: "Kingdom of Hawaii" is actually the "Hawaiian Kingdom" only - was corrected by a Hawaiian legal eagle recently. Also, "Hawaii" became used intensely after the wrongful dethronement of our Queen.....the words use were "the Hawaiian archipelago" the "Hawaiian Islands" "Hawaiian Kingdom" and Ko Hawaii Pae Aina words in the period of Kamehameha III.
Out of the 40+ Kingdoms claiming government, many of them have important information as well........i enjoy using http://www.pixi.com/~kingdom/ and others for legal information as well as my own which is made available to documented Royal family members, friends.
"There is strength in our unity when compared to other world nations. We should look to the 21st century and adjust to today's dynamics and choose as subjects of the kingdom which was evolving, modern, and progressive. Before the U.S. intervention, Hawaii was one of the richest country in the world. Today it's what we make it."
"Instead of living under the racist U.S. WASP society, we can live under the Hawaiian Polynesian society and still relate to the outside world and actively participate with them once again."
Tane
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Note: True providing we continue to press on and maintain our family(ies) claims which includes land, water rights, ahupuaa, fishing rights, resources, etc. and boot the belligerent occupier as well.......
aloha.
PROOF OF THE EXISTENCE OF KAMEHAMEHA'S DESCENDANTS/Heirs
- Compiled by Amelia Gora, a Royal person (2003)
The following are two (2) of the main examples documenting the existence of Kamehameha's descendants/ heirs.
The first example is the basis of my book Kaoleioku: Kamehameha's Oldest Son, His Descendants and Heirs (2003) by Amelia Gora :
Notes:
Kaoleioku was Kamehameha's Oldest Son. He died in 1818 or before Kamehameha's death in 1819.
The Russians recorded some of our ancestor's information in their ship logs.
Out of the files at the Archives, Honolulu, Oahu - note the reference at the top right:
'Kaoleioku had four (4) children'.........
Notes:
1) Pauahi - mother of Ruth Keelikolani;
2) Hanuna - father of Kapule (k); Kini (w); Hookahe (w); and Poohina (w);
3) Keola - father of Alenoho (k) et. als.
4) Konia - mother of Bernice Pauahi
'Bernice Pauahi was claimed to be the last of the Kamehameha's............' which is an absolute LIE!
Many of his descendants have been defrauded over time........this is also evidence of genocide.......by pirates, racketeers, criminal deviance perpetuated over time.
EXHIBIT No. 2
This document comes out of the Bureau of Conveyances:
This document shows Mataio Kekuanaoa/Kekuanaoa with one of his wives, along with relative Keaka who were the heirs of Ahia (w).
Mataio Kekuanaoa/Kekuanaoa was the father of Paalua (k); Ruth Keelikolani (w); Moses Kaikioewa; David Kamehameha; Lot Kamehameha/Kamehameha V; Alexander Liholiho/Kamehameha IV; Victoria Kamamalu; hanai: Bernice Pauahi; E.N. Kaaua; Enoka/Enosa; Keloha (w); Alenoho (k); Kapehe (w); Kapau (k); John Kapena (k); Sam Kapena; Ialua/Kalua (k); Nalua (w); Kala (k), et. als.
This document shows that One of Kekuanaoa/Mataio Kekuanaoa's wives included
Kalima (w).
Kalima (w) died about five (5)+ years AFTER Mataio Kekuanaoa.
On this document /Liber 19 page 175, Note that the grantee of the land was a treasonous person Clarence Judd, and notice the witness was another treasonous person named Albert Francis Judd.
Clarence and Albert Francis Judd were the sons of early GENOCIDE LEADER Parmele Judd.
Gerrit Parmele Judd withheld the smallpox vaccine from our kanaka maoli and many dropped like flies, many died. Gerrit Parmele Judd vaccinated only haoles and a few Hawaiians/ kanaka maoli. Gerrit Parmele Judd advertised in the U.S. that he had an abundant supply of arsenic in the Hawaiian Islands.
Arsenic has been dusted freely on the research documents at the Archives and the Bureau of Conveyances.................so be sure to wash your hands before you eat!
You wouldn't want to die like our Kamehameha families did in the past would you?
The entity State of Hawaii had passed a law preventing the testing of our Sovereigns.....no what's up with that?
aloha.
p.s. will be bringing out my books again soon..........UH Manoa Bookstore; Chaminade University of Honolulu; some of the bookstores carried some of them previously.
Tane
https://www.youtube.com/watch?v=ILyG-mD-CvQ
https://www.youtube.com/watch?v=TkK5pscUfiM
Now, the House of Nobles, another permanent branch of government's members are listed here:
J. Kuakini
M. Kekauonohi
A. Keliiahonui
Keoni Ana
Alapai
A. Paki
Konia
M. Kekuanaoa
W.P. Leleiohoku
Ruta/Ruth Keelikolani
Keohokalole
C. Kanaina
Ioane Ii
T. Haalilio
Note: our families are descendants/heirs of every one on this list............contact hawaiianhistory@yahoo.com if you are too........aloha.
https://www.youtube.com/watch?v=XIovxJK5rQo
Note: Evidence of eligibles in the 1844 newspapers.....