The Hawaiian gazette., 1904-12-13

protection under one and the same law.
Protection is hereby secured TO the per-
sons OF all the people together with
their lands. their building lots and all
their property while they conform to
the laws OF the kingdom. And nothing
whatever shall be taken from any in
dividual except by express provision OF
the laws Whatever chief shall ac; per
severingly In violation OF this consti-
tuition shall no longer remain n chief
OF the Hawaiian Islands, and the same
shall be true of the governors. officers,
and all land agents.
but II any one who is deposed should
change his course, and regulate his
power of the chiefs TO reinstate him in
the place he occupied previous 10 his
being deposed."
This Declaration received the sigma
ture of Kamehameha III June Z. 1899.
The Constitution which follows was
proclaimed in October. 1910, and both
were published together as one docu-
ment.
CONSTITUTION OF THE HAWAI-
IAN ISLANDS.
1T is our design to regulate our
kingdom according to the above prin-
ciples and thus seek the greatest pros
perity both of all the chiefs and all the
people of these Hawaiian Islands. But
We are aware that We cannot ourselves
alone accomplish such an object.
God must be our aid for 1t Is His
province alone to give perfect protec-
ton and prosperity. Wherefore We
first present our duplication to Him,
that He will guide us to right meas
ures and sustain us in our work.
1t Is therefore our fixed decree.
!. That no law shall be enacted
which is at variance with the word of
the Lord Jehovah, or at variance with
the general spirit of His word. All
laws of the islands shall be In con-
sistency with the general spirit OF
Gods law.
2. All men of every religion shall be
protected in worshipping Jehovah ard
serving Him, according to their own
understanding, but no man shall ever
be punished for neglect of God unless
he Injuries his neighbor or bring evil
on the kingdom
8. The law shall give redress to
every man who is injured by another
without a fault of his own and shall
protect all men while they conduct
properly, and shall punish all men who
commit crime against the kingdom or
against individuals, and no unequal
law shall be passed for the benefit of
one to the injury of another.
4. No man shall be punished unless
his crime be first made manifest Meth
err shall he be punished unless he be
first brought to trial in the presence
of his accusers and they have met
face to face and the trial hav-
ing been conducted according to law
and the crime made manifest in this
presence then punishment may be in
fiicted.
5. No man or chief shall be permit
ted to sit as Judge or act on a jury to
try his particular friend Cor enemy
or one who Is especially connected with
him. Wherefore II any man be con-
demned or acquitted, and 1t shall aft
erwards be made to appear that some
one who tried him acted with partial
ity for the purpose of favoring his
friend Cor injuring his enemy or for
the purpose of enriching himself then
there shall be new trial allowed be-
fore those who are impartial.
EXPOSITION OF THE PRINCIPLES
ON WHICH THE PRESENT DY-
NASTY is FOUNDED.
The origin of the present government
and system of polity is as follows: Ka-
mehameha l was the founder of the
kingdom and to him belonged all the
land from one end of the islands to the
other though it was not his own private
property. 1t belonged to the chiefs and
people in common of whom Kameha-
meha was the head and had the man
agement of the landed property. Where
fore there was not formerly, and is
not now any person who could or can
convey away the smallest portion OF
land without the consent of the one
who had or has the direction OF the
kingdom.
These are the persons who have had
the direction of It from that time down:
Kamehameha III, Kaahumanu ! and at
the present time Kamehameha.
These persons have had the direction
of the kingdom down to the present
time, and all documents written by
them, and no others are the documents
of the kingdom.
The kingdom Is permanently con-
firmed to Kamehameha III and his
heirs, and his heir shall be the person
whom he and the chiefs shall appoint
during his life time. but should there b,
no appointment the decision shall rest
with the chiefs and House OF Represen-
tatives.
PREROGATIvES OF THE KING.
The prerogatives of the king are as
follows:
He is the sovereign OF all the people
and all the chiefs. The kingdom is his.
He shall have the direction of the army
and all the implements of war of the
kingdom. He also shall have the direc-
ton of the government property, the
poll tax, the land tax, the three days
monthly labor Enough in conformity to
the laws He shall alSo retain his nUn