524-525

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Reports of Committee on Foreign Relations 1789-1901 Volume 6 pp524-525 300dpi scan (VERY LARGE!)

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" '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 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 to the throne; and the 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 or 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

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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 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 pardon, after conviction, for all offenses, 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 usuage 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 or council of regency, as hereinafter provided.

" 'Article 33. It shall 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, or 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 sovereigns.

" '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.


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