526-527

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Reports of Committee on Foreign Relations 1789-1901 Volume 6 pp526-527 300dpi scan (VERY LARGE!)

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" '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 can not 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 private 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 a 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 or clerks. The ministry holds 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, on 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 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

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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 make 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 its members, or 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 held in the assembly in any other court or place whatsoever.

" 'Article 50. 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 two 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 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. 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


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