Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1852-07-31

the legislature ; provided that the Legisla
ure shall make provision, in the annual bill:
Of appropriation, for the emergency Of war
invasion, or rebellion and the Minister o
Finance shall render a detailed account ic
the Legislature of any expenditure made un
der that provision.
ART. IL. All retrospective laws are un
just therefore, such laws shall ever be pas
sed.
ART. Is. The Military shall always be
subject 10 the laws Of the land and no sol
der shall, in time of peace, be quartered ir
any house, without the consent of the own
er; nor in time Of war, in manner to
be prescribed by the Legislature.
ART. 10. All elections by the people
shall be by ballot.
ART. 90. Every elector shall be privi-
legged from arrest on election days, during
his attendance at election, and in going tc
and returning therelrom, except in cases Of
treason, felony, or breach Of the peace.
ART. 81. No elector shall be so oblig.
ed to perform military duty, on the day Of
election, as to prevent his voting, except in
tiiiie oi war or puDnc Danger.
FORM OF GOVERNMENT.
ART %. The Government of he King
dom, is that of Constitutional Monarchy
under His Majesty KAMEHAMEHA iii,
His Heirs, and successors.
OF POWERS.
ART. %. The Supreme Power Of the
Kingdom, in its exercise, is divided into
the Executive, Legislative and Judicial
these are to be preserved distinct; the two
last powers cannot be united in any one
individual or body.
OF THE EXECUTIVE POWER.
SECTION l. THE KING. HIS PREROG-
ATIVES.
ART. "a. The King shall continue to
belhe Supreme Executive Magistrate of this
Kingdom under the title of His Majesty.
ART. 25.. The crown is hereby perma-
nently confirmed to His Majesty Kameha-
meha III. during his life, and to bis sue
cessors The successor shall be the person
whom the King and the House Of Mobiles
shall appoint and publicly proclaim as such,
duri"g the Kings life /; but should there be
no such appointment and proclamation, then
the successor shall be chosen by the House
Of Mobiles and the House of Representa-
tives in joint ballot.
ART. &c. 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.
ART. 81. 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, 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.
ART. %. 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.
ART. 90. The King, by and with the
advice of His Privy Council, convenes both
Houses of the Legislature at the seat Of Co.
vernment, or at a different place, if that
should become dangerous, from an enemy,
or any dangerous disorder and in case of
between the two Houses, or
between His Majesty and them, He ad-
journs, prorogues, or dissolves them, but
not beyond the session of the next year ::
under any great emergency, He may con-
vene both, or either Of them to extraordi-
nary sessions.
ART. 80. The King has the power, by
and with the advice of His. Privy Council,
to make treaties, and appoint Ambassadop,
other public Ministers and Sonsuls who shall
be commissioned, accrd 4 and instructed
agreeably to the usage 1l( laws of nations.
ART. 81. 1t is His prerogative TO receive
and acknowledge ambassadors and other
public ministers to inform the Legislature
by Royal Message, FROM me to time, of
the state of the Kingdom and TO recon-
mend to their consideration such measures
as he shall judge necessary and expedient.
ART. 80. 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 sew
eral heads Of the Executive Departments,
and he may require information in writing
rom any Of the officers in the Executive
Departments, upon any subject relating to
he duties of their respective Offices.
ART. SO. 1t is his duty to see that the
Treaties and Laws Of the lAd are faithful
y observed and executed.
ART. "a. The King has the power from
ime to time, to assemble His Cabinet orl
Privy Councillors to advise with him
lgreeably with the Constitution and Laws Of
he land.
ART. 35. The person Of the King is in
,iolable and sacred; His Minister are re-
'ponsible; to the King belongs the Exec
tive noxer: all laws that have nassed hath