The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-06-05

right to meet the witnesses who produced against
him. face to face to produce witnesses and proofs in
his own favor; and by himself his counsel at his
election to examine the witnesses produced by him
self and crossexamne those produced against him. and
to be heard in his defense
SECTION 3 Subject to such changes as the Legisa-
ture may from time to time make in the number of
jurors for the trial of any and concerning the
the number required to agree to verdict and the
which the Jury may be selected and drawn and the
composition and qualifications thereof the right of trial
by Jury in all cases in which it has been heretofore
used shall remain nvolabe forever except in actions
for debt assumpsit in which the amount claimed
does not exceed hundred dollars and such ofenses
less than felonies may be designated by law. And
provided that no capital case shall be tried by jury of
less than twelve men.
The jury may be waived by defendants in all criminal
cases except capital.
ARTICLE 7.-PREUoUs CONVICTION OR ACQUITTAL.
Except herein provided, person shall be
qured to answer for any ofense identical both in law
convicted or of which he has been duly acquitted.
ARTICLE S.-PR1vILEeE OF ACCUSED
No person shall be compelled, in any criminal case
to be witness for himself nor be deprived of life
liberty or property without due process oflaw.
ARTICLE 9-SLAvERY.
Involuntary servitude except for crime is forever
prohibited in this Republic. Whenever slave shall
enter the territory of this Republic he shall be free
ARTICLE l0.-SEoURITY FROM SEARCH AND ARREST.
Every person has the right to be secured from all
unreasonable searches and seizures of his person. his
ISSUE except probable cause supported by oath or
affirmation and describing the place to be searched
and the persons or things to be seized.
RIGHTS OF PROPERTY.
ARTICLE 11-TAxING AND APPRoPRIATING POWER
SECTION l. No subsidy duty or tax of any descrip-
ton shall be established levied without the consent
of the legislature; nor shall any money be drawn from
the public treasury without such consent except III the
manner directed by this Constitution
SECTION g Each member of society has the right to
be protected in the enjoyment of his life liberty and
property according to law and therefore, he shall be
obliged to contribute his proportion share to the
expense of this protection and to give his personal
services or any equivalent when necessary as may be
provided by law.
ARTICLE l2-EMINENT DOMAIN
Private property may be taken for public use or may
be used for reservoirs drains, fumes bitches or
across the lands of others, for agricultural milling
mining, domestic or sanitary purposes but only upon
due process of law and just compensation
ARTICLE 13.-MHITARY SUBJECT TO LAW
SECTION ]. The military shall always be subject to
the laws of the land
SECTION g 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 manner prescribed
by the Legislature.
OF THE REPUBLIC
ARTICLE 14-FoRM AND NAME OF GOVERNMENT.
The character of the government hereby instituted,
is Republic, under the terms and conditions of this
Constitution
The name of such government is, and shall be, the
Republic of Hawaii.
ARTICLE 15-TERRIToRY.
The territory of the Republic of Hawaii shall be that
heretofore constituting the kingdom of the Hawaiian
Islands, and the territory ruled by the Provisional
Government of Hawaii or which may hereafter be added
to the Republic
ARTICLE 16-ENsIGN
The ensign heretofore in use as the Hawaiian National
Ensign shall continue to be the national ensign of the
Republic of Hawaii
ARTICLE 17-CITzENs.
SECTION l. citizen of the Republic of Hawaii
shall be
A person horn in the Hawaiian Islands; or
person who has been, or shall hereafter become
naturalized according to law.
SPECIAL RIGHTS OF CITIZENSHIP
SECTION g. Any person not Hawaiian citizen, who
took active part or otherwise rendered substantial
md hos s,ranortad