Historical Collections of The Hawaiian Islands -  Kingdom Of Hawai'i, Constitution of 1852 - Part 2

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Historical Collections of Hawai'i
Keepers of the Culture
Hawai'i Constitution of 1852 
Part 2.  article 55 to end.

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Part 2 - Constitution -1852.


SECTION V. OF THE GOVERNORS

Article 55.

The King, by and with the advice of His Privy Council, appoints and
commissions the Governors of his several Islands; the Governors hold
office for the term of four years, subject to impeachment.

Article 57.

The King with the consent of the Governor, may appoint in one or more
islands, a Lieutenant Governor, during His pleasure, to assist the
Governor but always subordinate to him in authority.

Article 58.

The Governors, in case of sickness, or unavoidable absence, in all cases
where no Lieutenant Governor has been appointed, have power to appoint
substitutes, for all whose official acts they are responsible.

Article 59.

The Governor, subject to the King, shall have the executive control of
their respective Islands, agreeably with the Constitution and laws of
the land; and they shall have the command of the military forces of
their respective Islands, and shall make an annual report of the
administration of their respective Islands to the Minister of the
Interior.

OF THE LEGISLATIVE POWER.

Article 60.

The Legislative Power of this Kingdom is vested in the King, the House
of Nobles, and the House of Representatives; each of whom has a negative
on the other.

Article 61.

The Legislative Body shall assemble annually, for the purpose of seeking
the welfare of the nation, in th first week in April, and at such other
time, and in the place that the King may judge necessary. The Body shall
be styled the Legislature of the Hawaiian Islands.

Article 62.

Full power and authority are hereby given said Legislature, from time to
time, to make all manner of wholesome laws, either with penalties or
without, as they shall judge to be for the welfare of the nation, and
for the necessary support and defense of good government; provided the
same be not repugnant or contrary to this
Constitution.

Article 63.

No Bill or resolution, although it may have passed the Legislature,
shall become a law, or have force as such, until it shall have been
presented to the King, through the Kuhina Nui, for the revisal, and if
he approve thereof, he shall signify his approbation by signing the
same. But if he has any objection to the passing of such bill or
resolve, he shall return it with his objections in writing to that House
in which it originated, who shall enter the objections at large or their
journal, and no such bill shall be brought forward thereafter during the
same session.

Article 64.

Each House shall be the judge of the  qualifications of its own members,
and a majority of each shall consitute a quorum to do business: but a
small number may adjorn from day to day, and compel the attendance of
absent members, in such manner and under such penalties as each House
may provide.

Article 65.

Each House shall choose its own officers, and determine the rules of its
own proceedings.

Article 66.

Each House shall have the authority to punish by imprisonment, not
exceeding thirty days, every person, not a member, who shall be guilty
of disrespect to the House, by any disorderly or contemptuous
behavior in its presence; or who during the time of its sitting, shall
threaten harm to the body or estate of any of its members, for anything
said or done in the House, or who shall assault any of them therefore,
or who shall assault any witness or other person ordered to attend the
House, in his way going or returning; or who shall rescue any person
arrested by order of the House.

Article 67.

Each House may punish its own members for disorderly behavior.

Article 68.

Each House shall keep a journal of its proceedings, and the yeas and
nays of the members of either House, on any question, shall, at the
desire of one fifth of those present, be entered on the journal.

Article 69.

The members of either House shall in all cases, except treason, felony
or breach of the peace, be privileged from arrest during their
attendance at the session of their respective Houses, and in going to
and returning from the same, and they shall not be held to answer for
any speech, or debate made in the House, in any other court or place
whatsoever.

Article 70.

The Members of the House of Representatives shall receive, for their
services a compensation to be ascertained by law and paid out of the
public treasury, but no increase of compensation shall take effect
during the year in which it shall have been made; and no law shall be
passed, increasing the compensation of said members beyond the sum of
three dollars per day.

Article 71.

The members of the House of Nobles sit without pay; but they may receive
hereafter such a compensation as the law may enact.

OF THE HOUSE OF NOBLES.

Article 72.

The King appoints the members of the House of Nobles, who hold their
seats during life, subject to the provision of Article 67; but their
number shall not exceed thirty.

Article 73.

No person shall be eligible to a seat in the House of Nobles,who shall
have not attained to the age of twenty one years and resided in the
Kingdom for five years.

Article 74.

The House of Nobles shall be a Court with full and sole authority to
hear and determine all impeachments made by the House of
Representatives, against any officer or officers of the Kingdom, for
mis-conduct and mal-administration in their offices; but previous to the
trial of every impeachment; the members shall respectively be sworn,
truly and impartially to try and determine the charge in question,
according to evidence and the law. Their judgement, however, shall not
extend further than to removal from office and disqualification to hold
or enjoy any place of honor, trust, or profit under tis government; but
the party so convicted shall be, nevertheless, liable to indictment,
trial, judgement and punishment, according to the laws of the land.

OF THE HOUSE OF REPRESENTATIVES 

Article 75.

The House of Representatives shall be composed of not less than twenty
four or more than forty members, who shall be elected annually.

Article 76.

The Represntation of the people shall be based on the principle of
equality, and shall be forever regulated and apportioned according to
the population, to be ascertained by the official census. In the year
one thousand eight hundred and fifty three, and every sixth year
thereafter, the number of Representatives shall be fixed by the
Legislature agreeably with this and the preceding Article.

Article 77.

No person shall be eligible for a Representative of the people, who is
insane, or an idiot, or who shall at any time have been convicted of any
infamous crime, nor unless he be a male subject or denizen of the
Kingdom, who shall have arrived at the full age of twenty five years,
who shall know how to read and write, who shall understand accounts, and
who shall have resided in the Kingdom for at least one year immediately
preceding his election.

Article 78.

Every male subject of His Majesty, whether native or naturalized, and
every denizen of the Kingdom, who shall have paid his taxes, who shall
have atteined the full age of twenty years; and who shall have resided
in the kingdom for one year immediately preceding the time of election,
shall be entitled to one vote for the representative or representatives,
of the district in which he may have resided three months next preceding
the day of election; provided that no insane person, nor any person who
shall at anytime have been convicted of any infamous crime, within this
Kingdom, unless he shall have been pardoned by the King, and by the
terms of such pardon been restored to all the rights of the subject,
shall be allowed to vote.

Article 79.

All bills or resolves for raising the revenue, or calling for any
expenditure of the public money, shall originate in the House of
Representtives; but the House of Nobles may propose or concur with
amendments as on other bills.

Article 80.

The House of Representatives shall be the grand inquest of the Kingdom;
and all impeachments made by them shall be heard and tried by the House
of Nobles.

OF THE JUDICIARY.

Article 81.

The Judicial Power of the Kingdom shall be vested in one Supreme Court,
and such inferior courts as the Legislature may from time to time
establish.

Article 82.

The Supreme Court shall consist of a Chief Justice and two associate
Justices, any of whom may hold their offices during good behavior,
subject to removal upon impeachment; shall, at stated times, receive for
their services a compensation, which shall not be diminished during
their continuance in office. Provided, however, that any judge of the
Supreme Court, or of any other Court of Record, may be removed from
office for mental or physical inability by a concurrent resolution of
two-thirds of both branches of Legislaure may be about to proceed, shall
receive notice thereof, accompanied by a copy of the causes alleged for
his removal, at least twenty days before the day on which either branch
of the Legislature shall act thereon.

Article 83.

The Kingdom shall be divided, by law, into a convenient number of
circuits, not less than four, nor exceeding eight, subject to alteration
by the Legislature, from time to time, as the public good may require;
for each of which one or more Circuit Judges, not exceeding three,
however shall be appointed to hold their offices during good behavior,
subject to removal upon impeachment.

Article 84.

The Judicial power shall extend to all Law and Equity, arising under the
constitution, any law of this Kingdom, and treaties made, or which shall
be made under their authority; to all cases affecting Ambassadors, other
Public Ministers and Consuls, and to all cases of Admiralty and Maritime
jurisdiction.

Article 85.

The Judicial power shall be divided among the Supreme Court and the
several inferior courts of the Kingdom in such manner as the Legislature
may from time to time indicte.

Article 86.

The Chief Justice of the Supreme Court shall be the Chancellor of the
Kingdom; he shall be ex-officio President of the House of Nobles in all
cases of impeachment, unless when impeached himself; and exercise such
jurisdiction in equity or other cases as the law may confer upon him,
his dicisions being subject, however, to the revision of the Supreme
Court, on appeal.

Article 87.

The decisions of the Supreme Court, when made by a majority of the
Justices thereof, shall be final and conclusive upon all parties.

Article 88.

The King, His Ministers, the Governors, and each branch of the
Legislature shall have the authority to require the opinions of the
Justices of the Supreme Court, upon important questions of law, and upon
solemn occassions.

Article 89.

The King, by and with the advice of His Privy Council, appoints the
Justices of the Supreme Court, and all other Judges of Courts of Record;
thier salaries are fixed by law.

Article 90.

The Governors, by and with the advice of the Justices of the Supreme
Court, shall appoint the District Justices of their respective islands.

Article 91.

In order that the people may not suffer from long continuance in place
of any District Justice, who shall fail of discharging the important
duties of his office with ability and fidelity, all commissions of
District Justices shall expire and become void in the term of two years
from their respective dates; and upon the expiration of any comission
the same shall be renewed, or another person appointed, as shall most
conduce to the well-being of the Kingdom. Provded always, that District
justices shall be subject to removal at any time by the Circuit Court of
their respective islands, for causes particularly assigned by the Judges
of said Court in rendering their
judgment. But no District Justice shall be removed until he shall have
notice of the charges made against him and an opportunity of being heard
in his defense.

Article 92.

No Judge or Magistrate can sit alone on an appeal or new trial, in any
case on which he may have given a previous judgement.

Article 93.

It shall be the duty of the Chief Justice to make an annual report,
Through the Minister of the Interior, to the Legislature, of the state
of the Judiciary of the Kingdom in all its branches.

Article 94.

The King, after approving this Constitution
shall take the following Oath;
" I solemnly Swear, in the presence of Almighty God, to maintain the
Constitution of the Kingdom whole and inviolate, and to govern in
conformity with that and the laws."

Article 95.

The Kuhina Nui shall take the same oath; and when exercising the
Executive Power, during a minority, he shall take the same oath as in
Article 94.

Article 96.

Every member of the House of Nobles shall take the following oath;
" I solemnly swear in the presence of Almighty God, that I will support
the Constitution and Laws of the Hawaiian
Islands, and conscientiusly and impartially discharge my duty as member
of the House."

Article 97.

Every member of the House of Represntatives shal take the following
oath;
" I most solemnly swear in the presence of Almighty God, that I will
faithfully support the Constitution and laws of the Hawaiian Islands and
conscientiously and impartially discharge my duties, as a Representative
of the people."

GENERAL PROVISIONS

Article 98.

No persons shall hold a seat in the Legislature, or any office of honor,
trust, or profit under the Government of the Hawaiian Islands, who shall
in due course of law, have been convicted of theft, bribery, perjury,
forgery, embezzlement, or other high crime or misdemeanor.

Article 99.

No officer of this Government shall hold any office, or receive any
pension or salary, from any other government, or power whatever.

Article 100.

The legislature votes the appropriations for the year, after due
consideration of the revenue and expenditure of the year preceding, and
of the estimates of the revenue and expenditure for the current year,
which shall be submitted to them by the Minister of Finance; all which
accounts shall be appended to the Bill of Appropriations and published
annually.

Article 101. 

The enacting style in making and passing all acts and laws, shall be; "
Be it enacted by the King, the Nobles and the Representaives of the
Hawaiian Islands in the Legislative Council assembled."

Article 102.

To avoid improper influences which may result from intermixing in one
and the same act such things as have no proper relation to each other,
every law shall embrace but one object, and shall be expressed in the
title.

Article 103.

All laws now in force in this Kingdom, shall continue and remain in full
effect, until altered or repealed by the Legislature, such parts only
excepted as are repugnant to this Constitution. All laws now enacted, or
that may hereafter be enacted, contrary to this Constitution, shall be
null and void. 

Article 104.

This Consitution shall be in force from the first Monday in the year one
thousand eight hundred and fifty two; but that there may be no failure
of justice, or danger to the Kingdom, from any change, all officers of
this Kingdom, at the time this Constitution shall take effect, shall
have, hold, and exercise all the powers to them granted, until other
persons shall be appointed in their stead; and all courts of the law
shall proceed in the execution of the business of their respective
departments; and all excutive and legislative officers, bodies and
powers, shall continue in full force, in the enjoyment and exercise of
their trusts, employments and authority, until new appointments or
elections shall take place under this Constitution.

MODE OF AMENDING THE CONSTITUTION.

Article 105.

Any amendment or Amendments to this Constitution may be proposed in
either branch of the Legislature, and if the same shall be agreed to by
a majority of the members of each House, such proposed amendment or
amendments shall be entered on their journals, with the yeas and nays
taken thereon, and referred to the next legislature; which proposed
amendment or amendments shall be published for three months previous to
the election of the next House of Representatives; and if, in the next
Legislature, such proposed amendmant or amendments, are agreed to by two
thirds of all the members of each house, and be approved by the King,
such amendment or amendments shall become part of the Constitution of
this Kingdom.

Kamehameha 
Keoni Ana

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