The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-14

ment; and
WHEREAS, Upon being informed Of
said rebellion the President in pursu-
anre Of his const iutivnal authority, did
proclaim that martial law should obtain
and prevail Ghro ghout the island OF
Oahu; and
WHzhE.s. The military and police
forces o: this q JveTnment, with the loyal
cooperation OF other residents Ct thl5
island have arrested the spread OF this
rebellion and have saved the lives and
property of law-abidirg citizens from i'm
minent general sacrifice; and
WHEREAS, The military CT civil au-
thorires necessarily employed In the
prompt suppression OF the atrocities
aforesaid may according to the law oil or
binary peac- be responsible in person or
purse for acts done in good faith for the
purpose of restoring peace or queiling
rebelri n; and
WHEREAS, It is expedient that sll pr
sons, who In god faith have acted Tor
the crushing of rebellion, should ne IN
IDENTIFIED aud kept harmless for such
their acts of To- atty.
Be it enacted by the Executive ard
Advisory Councils of the Republic OF
Hawai-
FICTION |. Eli procIarnaiions and
orders published or made ant all acts.
matters and things commanded, directed
or done, or to be commanded, di ected
or done by the PIe-id-nt, or by any
officer of the Government, or bv any per
son acting under the authority OF the
Pr. siden', or in good faith for the pur-
poses and during the time herein de-
lclared that Ia to say on, from and since
January 1895, until m Iriial Iawehau
be declared TO be no longer in force,
Whe her done in a district in which mar
tial law was proclaimed or was in force
or dons in a district IN viii IN ma "a
law was ia force, IN the proclamation or
furth-rHnce OF martial law, or in the
suppression of instruction, or in the
esrabishm mt of a military tribunal,
or in the arrest, imprisonment, deporta .
ton tTia cow ction or sentence of any
person charged with tTeason, or with any
dlsloyal or seditious prartire or act or
with any act or conspiracy dangrro Is to
the pgace, or to the safe y Of life or prop
erty, or in the arrest and detention oil
per+ons held for investigation, are here
by made and declared to be lawful and
confirmed
SLcr1oN 2. No prosecution, indict-
ment. acton or suit shall be maintained
in anv court, criminal or CIVIL, against
any officer of the Government or other
person arIing brna fde under the su-
thOriiy of any officer of the Government,
for any acts done or ON tied To be done
In furtherance OF martial law or done as
set out in Sertion l of this Act, whether
done in q district in which IN rtiAl law
was in fTce, or Otherwi-e, on, from and
since January 6, 1895, until martial iaw
shall b.. revoked; and all officers of the
Government and other persons acting
bona fde as aforesaid are hereby indem-
nihed in respecI TO said &C 8.
SECTION In order to prevent any
doubt which might arise whether any
act alleged to have bren done as afure-
said under tie order or authority of the
President, or to have been done bona
hde in order to suppress insure ction was
30 done, Vt Ehall be lawful Tor the PIesi-
dent or his successor To declare such &c. 8
to have been done under such order Or
authority or bona fde for the purpose
Aforesaid; and such declaIs tion by any
writing under the hand of the President
or hi- successor shall, in all cases. be
conclusive evidence that such acts were
80 ne resp. ctively; and such order or
declaration may be shown under the
general issue or pleaded in bar and. if
SO pleaded, such plea shall suffice a.
though il may set out merely the eneral
effec of sUch order or declaration, or the
fact only that sucn order o approval was
given prior to the natter complained OF
or has been since received.
FICTION 4. This Act shall take effect
from and after the late of its al prevail.
Mr.. Hatch stated that, although
this measure was very compre-
hensive, it was not new in the an
nails of nations. Such measures
had been passed in the United
States after the rebellion, and pre-
cedents were found in English his
tory.
President Dole suggested that in
view of the commissions and con-
stitution prepared by the rebel
leaders, objection might be made to
the word SAIL" in the expression ITO
destroy all Government"
Mr.. Damon favored striking out
the entire preamble, as it WOULD
serve to keep alive old issues and
not tend to create a forgetful
spirit. All that was needed was
the spirit of the law, without ex-
planatory remarks.
The Attorney. General held that
the measure was to justify acts
that were justifiable only under
extraordinary and unusual condi-
tons. The preamble wae an ex-
planatory statement with the idea
Of showing for all time the condl-
tons that made the action of the
Legislature and Government pro-
per.
Mr.. Kennedy was inclined to
favor Minister Damon's views.
The act was for this country, and
this community well knew the con-
ditions that surrounded them,
there being no necessity to cater to
foreign nations. He believed all
the preamble should. be- struck out.
President Dole was aware of the
knowledge the people had today,