The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-06-02
THE NEW CONSTITUTION.
DRAFT SUBMITTED NEsrrnDay a.,
run CNutNIr.
Long aud Carefully Drawn Document
BASED Ipon Republican Ideas
aud Principles.
RIanrs OF PEnsoN AND pnorrnrY.

Article l,-Rights of the Person. Sec.
ton ]. God hath endowed all men with
certain inalienable rights, among which
are life, liberty aud the right OF acquir-
ing possessing and protecting property.
ana OF pursuing aud obtaining happi-
ness.
Section 2. The government is con.
Quoted for the common good and not
for the profit, honor or private interest
OF any one man, family or class of men.
Section }. The Legislature may pro-
vide by law, however. for the supervi-
sion. registration. control and identifca-
ton of all persons, or any class or
nationality of persons; and may also by
law restrict and limit the term of resi-
denCe, and the business or employment
of all persons coming into the Republic.
Article 2.-Religious Freedom. All
men are free to worship God according
to the dictates of their own consciences;
but this privilege shall not be SO CON
strued as to justify acts of licentious-
ness or practices Inconsistent with the
peace or safety of the Republic,
Article 3.-i'reedom OF Speech and of
the Press.-EXcept us herein provided
all men may freely speak, write and pub
lish their sentiments on all subjects
and no law shall be enacted to restrain
the liberty of speech or of the press /;
but all persons shall be responsible for
the abuse OF such right; and no person
shall advocate, by writing, printing on
speaking, the restoration or establish
ment OF monarchical form of govern
ment in the Hawaiian Islands; nor adj
vocate the use OF force for the accom-
plishment OF any change in the system
or form OF government hereby estab-
lished; nor seek or advocate the action
4.
except by treaty duly made in accord
ance with the provisions of this Con-
stitution.
Article Affecting and Petition.-All
men shall have the right to assemble in
an orderly and peaCeable manner, with
out arms, to consult upon the common
good and to petition the President or
Legislature Tor redress OF grievances.
Article 5.-Writ of HaDeas Corpus
The privilege of the writ of habeas
corpus belongs to all men, and shall not
lie suspended, except by the President
or by one of the Cabinet Ministers as
herein provided, when in case of re.
bellion or invasion, or imminent danger
of rebellion or invasion, the public safety
shall require its suspension.
Provided, however, that no alien I'M
lawfully entering the Republic shall be
tlllilltu W ltilS VIII do VI llGuls
Article G.-Right OF Trial.--Sectiou I
No person shall be subject to punish
ment for any offense except on due and
legal conviction thereof by "a tribunal
having jurisdiction of the case.
Section ,. Except in case of i'm
parchment or offenses with the juris-
dictiOn of a district magistrate, or in
summary proceedings for contempt, no
person shall be held to answer for any
crime or offeuse except upon indict-
ment, Information or complaint, des-
cribing such crime or oiTense: and he
shall in all cases have the right to meet
the witnesses who are produced against
him, face to face: to produce witnesses
and proofs in his own favor; and by
himself or his counsel. at his election.
to examine the witnesses produced by
himself and CrosseXamine those produced
against him, and to be heard in his own
defense.
Section 3.-Subjact to such changes as
the Legislature may from time to time
make i'll the number of jurors for
the trial of any case, and concerning
the number required TO agree to IA ver-
dict and the manner in 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
aot;oi,, Co.. I,I,t ~. ass,,,,,,;t IL, i,'b;,,I,
tho on,o,,nt cIair,od dnos ,,pt excead o,,a
b,,ndraT dn,iari md S,,ci, otfanoas IasS
than feIonias nc nrav ka designated ' hy
law. And provided that no capital case
shall be tried by a jury of less than
twelve men.
The Jury NAV be waived by defend
ants in all criminal cases except CAPITAL.
Article 7.-Previous Conviction or
Acquital.- Except as herein provided,
no person shall bp required to answer
for any otfense identical both in law
and fact with an ofTense of which he
has been duly convicted or of which he
has been duly acquitted.
Article S.-Privlege of Accused.-No
person shall be compelled, in any crimi-
nal case to be witness for himself; nor
be deprived of life. liberty or property,
without due process of law.
Article Observation-Disclosures SER
vitude, except Tor crime, is forever pro-
hibted in this Republic. Whenever a
slave shall enter the territory OF this Re-
public he shall be free.
Article l0.-Security from Search and
Arrest.-Every person has the right to
be secured from all unreasonable
searches and seizures OF his person, his
house, his papers and effects; and no
warrant shall issue, except on probable
cause, supported by oath or affirmation,
and describing the place to be searched
and the persons or things to be seized.
R,Gurs OF PRopERTy.
Article 11.-Taxing and Apnronriatiny
Power Section /. No subiidv, duty or
tax, OF any description, shall be estab-
the legislature: nor shall any money be
drawn from the public treasury
without such consent, except in the