528-529

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Reports of Committee on Foreign Relations 1789-1901 Volume 6 pp528-529 300dpi scan (VERY LARGE!)

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less in number than twenty-four nor more than forty, who shall be elected biennually.

" '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 a 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, or of a leasehold 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 who 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, 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 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 the 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, or which shall be made under their authority, to all

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cases affecting public ministers and councils 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 or 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 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, 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 expenditures for the two preceding years and the estimates of the revenue and expenditures 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 title.

" 'Article 78. All laws 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 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

S. Doc. 231, pt 6----34


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