522-523
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- executed previous to the date hereof, subject to the decision of Her Britannic Majesty's Government, on conference with the said representatives appointed by us; or, in the event of our representatives not being accessible or not having been acknowledged, subject to the decision which Her Britannic Majesty may pronounce on the receipt of full information from us and from the Right Honorable Lord George Paulet.
- " 'In confirmation of the above we hereby affix our names and seals this twenty-fifth day of February, in the year of our Lord one thousand eight hundred and forty-three, at Honolulu, Oahu, Sandwich Islands.
- " 'Signed in the presence of G. P. Judd, recorder and translator for the Government.
- " 'Kamehameha III.
- " 'Kekauluohi.
XIX . ARTICLE 78, CONSTITUTION OF 1852.
" '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 age of 20 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.'
CONSTITUTION OF 1864.
" ' Constitution 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 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 of their own conscience; 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 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
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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 offence (except in cases of impeachment, or for offences 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 offence, 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 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 defence. 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 or assumpsit in which the amount claimed is less than fifty dollars.
" 'Article 8. No person shall be required to answer again for an offence 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, or 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 or 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 expense 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 use 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 sessions 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 a majority of the whole privy council; and the minister of finance shall render a detailed account of such expenditure to the legislative assembly.
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