The Hawaiian gazette., 1894-06-05
AFTERNOON SESSION.

At 80 the Convention was called
to order, and the committee of the
whole proceeded with its delibera-
| tions.
ARTICLE 5.-WRIT OF HABEAs Cor
PUS.
The privilege of the writ of babe
as corpus belongs to all men, and
shall not be suspended, except by the
President or by one of the Cabinet
Ministers as herein provided, when in
case of rebellion or invasion, or immi.
nent danger of rebellion or invasion,
the public safety shall require its sus-
pension.
Provided, however, that no alien
unlawfully entering the Republic
shall be entitled to this writ as of
right.
Delegate Carter moved the word
Minister" in line 4, be stricken out.
Councillor Ena asked how the word
cabinet" would be translated if the
word ministers" was stricken out.
Minister Smith asked the object of
the amendment.
Delegate Carter said it was to ex-
change the word Minister for Secre-
tary.
Minister Smith opposed that change.
The word Minister was customary.
The statement that it savored of mon
archy was immaterial. No changes
from established usage should be
made unless something of importance
was to he gained by it.
President Dole said the question
had been much discussed when the
Constitution was drafted. These Off
GERS are called Secretaries in the United
States, Ministers in France. Here
they shared the executive power with
the President. In the United States
they did not. They are here more
than mere secretaries. 1t had seemed
wise on the whole 10 retain the word
Minister.
Delegate Kahaulelio favored pass
ing the article as it was, particularly
in Hawaiian. The Hawaiian phrase,
"i[akauoIelo,n would degrade the
been used, and he favored its reten-
ton.
Minister Hatch said he differed from
his colleagues on this point, The
term Minister was indI~sOlubly linked
with monarchy. He favored the use
of the word Secretary, without refer
ence to the powers attached To the
office. 1t was not necessary to trans
late the phrase literally.
The amendment was lost and the
article was passed as in the original
draft.
ARTICLE 6.-RIGHT OF TRIAL.
Section l. No person shall be sub
ject to punishment for any offense eX-
cept on due and legal conviction
thereof by tribunal having jurisdic-
ton of the case.
Passed.
Section 2. Except 10 case of i'm
parchment or otfense within the
jurisdiction of district magistrate,
or in summary proceedings for con-
tempt, no person shall be held to
answer for any crime or Offense except
upon Indictment, information or COM
plant, describing such crime or
OIfense; and he shall in all cases have
the right t. meet the witnesses who
are produced against him, face to
face; to produce witnesses and proofs
in his own favor; aud by himself or
his counsel, at his election, to examine
the witnesses produced by himself
and crOss-eXamiDe those produced
against him, and to be heard in his
own defense.
Delegate Robertson moved to strike
out the words ''crime orr in the 9th
and 18th lines, in order TO make it
correspond to the language used in the
Of the section, where "of-
Tense" only is specified.
Passed, and the section as amended
was adopted.
Section 8. Subject to such changes
~ the Legislature may from time to
time make in the number of jurors for |
the trial of any case, and concerning