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Table of contents :
Frontmatter
Papa Kuhikuhi – Contents
Foreword
Acknowledgments
‘Ōlelo Mua
‘Ōlelo Ho‘omaika‘i
Introduction
‘Ōlelo Ho‘ākāka
Ke Kumukānāwai o Ko Hawai‘i Pae ‘Āina (MH 1839)
Ke Kumukānāwai o Ko Hawai‘i Pae ‘Āina (MH 1840)
Ke Kumukānāwai o Ko Hawai‘i Pae ‘Āina (MH 1852)
Nā Pāku‘i ‘Ōlelo o ka MH 1856
Introduction
Constitution of Liberia (1820)
Constitution of Liberia (1825)
Failed Constitution of Liberia (1837)
Failed Articles of Association, Liberia (1838)
Monrovia Draft of a Constitution of Liberia (1838)
Constitution of Liberia (1839)
Plan of Civil Government (1841)
Constitution of Liberia (1847)
Constitution and Laws of Maryland in Liberia (1833)
Constitution of Maryland in Liberia (1853)
Backmatter

Citation preview

Constitutions of the World from the late 18th Century to the Middle of the 19th Century Verfassungen der Welt vom späten 18. Jahrhundert bis Mitte des 19. Jahrhunderts

Constitutions of the World from the late 18th Century to the Middle of the 19th Century Sources on the Rise of Modern Constitutionalism Editor in Chief Horst Dippel America: Volume 1

Verfassungen der Welt vom späten 18. Jahrhundert bis Mitte des 19. Jahrhunderts Quellen zur Herausbildung des modernen Konstitutionalismus Herausgegeben von Horst Dippel Amerika: Band 1

K·G ·Saur 2008

Constitutional Documents of the United States of America 1776–1860 Supplement: Hawai’i and Liberia Edited by Robert Stauffer D. Elwood Dunn With the assistance of Miriam Leitner

Verfassungsdokumente der Vereinigten Staaten von Amerika 1776–1860 Supplement: Hawai’i and Liberia Herausgegeben von Robert Stauffer D. Elwood Dunn Unter Mitarbeit von Miriam Leitner

K·G ·Saur 2008

Bibliographic information published by the Deutsche Nationalibliothek The Deutsche Nationalibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the internet at http://dnb.d-nb.de.

Bibliografische Information der deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar.

U Printed on acid-free paper / Gedruckt auf alterungsbeständigem Papier

© 2008 by K . G. Saur Verlag, München Ein Imprint der Walter de Gruyter GmbH & Co. KG Printed in Germany All Rights Strictly Reserved / Alle Rechte vorbehalten. Technical Partner / Technischer Partner: Mathias Wündisch, Leipzig Printed and Bound / Druck und Bindung: Strauss GmbH, Mörlenbach 978-3-598-35758-9

Papa Kuhikuhi – Contents Foreword . . . . . Acknowledgments . ¯ ‘Olelo Mua . . . . ¯ ‘Olelo Ho‘omaika‘i

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1 ¯ N¯a Palapala Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina MH 1839–1856 Constitutional Documents of Hawai‘i 1839–1856 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ¯ ‘Olelo Ho‘¯ak¯aka . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ¯ Ke Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina (MH 1839) / Constitution of Hawai‘i (1839) ¯ Ke Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina (MH 1840) / Constitution of Hawai‘i (1840) ¯ Ke Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina (MH 1852) / Constitution of Hawai‘i (1852) ¯ N¯a P¯aku‘i ‘Olelo o ka MH 1856 / Amendments of 1856 . . . . . . . . . . . . .

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2 Constitutional Documents of Liberia 1820–1861 Introduction . . . . . . . . . . . . . . . . . . . . . Constitution of Liberia (1820) . . . . . . . . . . . Amendment of 1820 . . . . . . . . . . . . . Constitution of Liberia (1825) . . . . . . . . . . . Amendment of 1828 . . . . . . . . . . . . . Amendment of 1834 . . . . . . . . . . . . . Failed Constitution of Liberia (1837) . . . . . . . . Failed Articles of Association, Liberia (1838) . . . Monrovia Draft of a Constitution of Liberia (1838) Constitution of Liberia (1839) . . . . . . . . . . . Amendment of 1840 . . . . . . . . . . . . . Plan of Civil Government (1841) . . . . . . . . . . Constitution of Liberia (1847) . . . . . . . . . . . Amendment of 1849 . . . . . . . . . . . . . Amendment of 1861 . . . . . . . . . . . . .

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75 79 80 81 86 90 91 97 101 107 111 113 117 126 127

Constitution and Laws of Maryland in Liberia (1833) . . . . . . . . . . . . . . . . . 129 Constitution of Maryland in Liberia (1853) . . . . . . . . . . . . . . . . . . . . . . . 145 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 ‘Inideka . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

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Government without a constitution, is power without a right. Thomas Paine, Rights of Man, II, 1792

Foreword

Today, constitutions are taken for granted as fundamental documents, the sine qua non of any legitimate political order. Whether this attitude is based on faith in self-evident truths or mere complacency, it tends to make questions about traditions, shared values, and historic evolution seem mute. Actually, they are most pertinent, and a closer inspection reveals that our heritage, for the establishment of which many have risked their lives, is far from being commonly accepted and securely enshrined, whether in (new) states that have only recently adopted constitutionalism, or in what may be styled the founding states of modern constitutionalism. In fact, this has never been the case, whatever governments may have said about how secure liberty would be under their authority. The long history of modern constitutionalism, from its beginnings in the American and French revolutions at the end of the eighteenth century until today, differs from one country to the next, always depending on how formidable the opposition to its maxims and the rejection of its basic principles have been and may continue to be. Over all, however, it has been a singular success story. No other political principle has become so universally accepted within the last two centuries as modern constitutionalism. But in spite of this resounding achievement, the history of modern constitutionalism is still unwritten – to be more precise, it is, purely and simply, unknown.

A major reason for this deplorable state of affairs is the widespread ignorance of the sources. At the beginning of the twentyfirst century, constitutions appear to be less readily consulted than in the nineteenth and early twentieth centuries, for a number of reasons. One of them is that, except for a small number of documents, which tend to be constantly reprinted, the texts are not easily available. Even the persistent scholar faces difficulties when trying to gain access to most of them, be it in their original form or in a reliable modern edition. This series has set itself the task of redressing this problem by publishing all constitutions and declarations of rights, including official but failed projects of this nature, that were drafted between 1776, the birth year of modern constitutionalism, and the end of 1849, a date marking – at least for many European countries – the end of the revolutionary biennium that represents a watershed in the evolution of modern constitutionalism. With only two exceptions, Hawaii and Liberia, these constitutions were written in Europe and the Americas. They will be published country by country, in authentic editions in their original official language, or languages, as the case may be. In addition to the print edition, The Rise of Modern Constitutionalism, 1776–1849, will also be available in an online digital edition at http://www.modernconstitutions.de. This site provides free access to digitized facsimiles of the orig-

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F OREWORD inal documents and manuscripts which may serve as a valuable complement to the critical editions (access to the online editions offering all the advantages of electronic databases requires a license). Additionally, securing a broad international reception of

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these hundreds of documents written in some twenty different languages will necessitate complementing these editions with corresponding volumes of English translations in the near future. Horst Dippel

Acknowledgments

I am most grateful to the two contributors, who provided their consummate expertise on the constitutional histories of Hawai‘i and Liberia in editing the documents of this volume: Robert Stauffer, University of Hawai‘i, Honolulu, Hawai‘i, and D. Elwood Dunn, University of the South, Sewanee, Tennessee, USA. Like constitutional government, an editorial project only comes into being by the people who enact and embody it in its diverse branches. I would like to express my thanks to the “citizens” of this project, who have devoted much of their time to getting the details of modern constitutionalism right: Miriam Leitner was of indispensable help in collecting and editing the documents of the volume, while Dr. Thomas Clark, Nicole Burkhardt, and Matthias Schneider dwelt on matters of project management, document processing and communications with contributors. The nitty-gritty particulars of processing a bewildering array of constitutional documents were tackled by

Florian Albert, Ricarda Alt, Valérie Courtas, Marc Martin, Andrea Pristl, Ulrike Reinecke, and Silvia Wershofen while Angelika Ferrante provided secretarial skills. I am grateful for once again being able to cooperate with the K. G. Saur Verlag, whose considerable experience with largescale publishing ventures has greatly benefited this project. I would especially like to acknowledge the contribution of publishing manager Clara Waldrich and her staff: Dr. Wolfgang von Collas, Christina Hofmann, Manfred Link, all based in Munich, and Mathias Wündisch, in Leipzig. Generous funding by the Deutsche Forschungsgemeinschaft (German Research Foundation) made this edition possible in the first place. My sincere thanks go to the DFG, and in particular to Michael Schuster, for enthusiastically supporting a project of this scope in times when the humanities are generally experiencing severe financial constraints. Horst Dippel

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‘O ke aupuni me ke kumuk¯an¯awai ‘ole, He mana ia me ka pono ‘ole. Na Thomas Paine, Rights of Man, II, MH 1792

¯ ‘Olelo Mua

I neia au e ne‘e nei, ua laha wale ka mana‘o e¯ ‘o ke kumuk¯an¯awai he palapala kahua, ‘o ia ho‘i ka sine qu¯a n¯on o ka paepae k¯alai‘¯aina k¯u‘i‘o. In¯a ua kupu a kupu ‘ole mai paha ia mana‘o ma muli o ka paulele i n¯a ‘oia‘i‘o ahuwale a ma muli paha o ka palaka wale iho n¯o, na ia mana‘o e ho‘omumule aku i n¯a n¯ınau no n¯a loina, n¯a kumumina, a me ka m¯ohala ‘ana o ka m¯o‘aukala l¯ahui kanaka. ‘O ka ‘oia‘i‘o na‘e, he kohu loa n¯o ia mau n¯ınau. Ma ka n¯an¯a maika‘i ‘ana aku i ko k¯akou ho‘oilina, ka mea i ‘a‘a iho ai n¯a kini k¯anaka a i ka make, e ‘ike ‘ia ai ka ‘ae ‘ole ‘ia a me ka ho‘¯ano ‘ole ‘ia e kekahi po‘e, in¯a ma n¯a aupuni (hou) ‘akahi n¯o a komo ma lalo o ka malu o ke kumuk¯an¯awai, a in¯a ma n¯a aupuni e kala kahiko ke komo ‘ana i ‘¯olelo ‘ia ai na ia mau aupuni i h¯o‘oni mua ke aukahi kumuk¯an¯awai o k¯eia au. ‘A‘ole n¯o k¯a ho‘i i k¯u ia mana‘o i ka ‘oia‘i‘o, i loko n¯o o ka ‘¯olelo a n¯a aupuni like ‘ole no ka pa‘a o ka nohona k¯u‘oko‘a o ko l¯akou po‘e maka‘¯ainana ma lalo o ka mana o ia aupuni. Ua hele a ‘oko‘a ka mo‘olelo o ke aukahi kumuk¯an¯awai ma n¯a aupuni like ‘ole, mai ka ho‘omaka ‘ana ma n¯a kaua ho‘okahuli aupuni ma ‘Amelika Hui P¯u ‘Ia a me Palani ma ka pau ‘ana o ke kenekulia 18 a h¯o‘ea mai i ke au e naue nei. Aia ka ‘oko‘a o ia mau mo‘olelo i ka nui o ke k¯u‘¯e me ka h¯o‘ole i n¯a kahua k¯ukulu a kahua hana o k¯el¯a me k¯eia kumuk¯an¯awai. Ma ka laul¯a na‘e, e holo pono ana n¯o ua aukahi kumuk¯an¯awai l¯a. ‘A‘ohe mana‘o k¯alai‘¯aina

like o ka ‘¯apono ‘ia a puni ka honua ma n¯a kenekulia he ‘elua i k¯unewa aku nei. Eia na‘e, i loko n¯o o ia holo pono launa ‘ole, ‘a‘ole k¯a i k¯akau ‘ia kona m¯o‘aukala a hiki i nei manawa no kona waiho ‘ana i ka pouli loa o ka ‘ike ‘ole. ‘O kekahi kumu nui o ia hemahema minamina loa, ‘o ia ka ‘ike ‘ole o ka po‘e i n¯a palapala kumu. Me he mea l¯a, ua emi iho ka n¯an¯a ‘ia ‘ana o n¯a palapala kumuk¯an¯awai ma n¯a makahiki mua o ke kenekulia 21 i ko ke kenekulia 19 a me n¯a makahiki mua o ke kenekulia 20. ‘O kekahi kumu i emi iho ai, ‘o ia ka pa‘akik¯ı o ka loa‘a ‘ana aku o n¯a palapala, koe n¯a mea k¯aka‘ikahi e pa‘i mau ‘ia mai nei. ‘O ke kanaka nononoke i ka noi‘i n¯o k¯a ho‘i kekahi i pilikia ma ka loa‘a ‘ana aku o ka palapala kumu a palapala paha i pa‘i hou ‘ia i k¯eia au a i k¯ulike loa me ka mea kumu. ‘O ka pahu hope o k¯eia p¯aku‘ina ‘o ia ka ho‘oponopono ‘ana i ua pilikia l¯a ma ke pa‘i hou ‘ana i n¯a kumuk¯an¯awai a me n¯a palapala pono kanaka a pau, p¯eia p¯u ho‘i me n¯a mea k¯uhelu i pahu‘a. E ho‘omaka ana ma ka MH 1776 i h¯anau ai ke aukahi kumuk¯an¯awai a hiki i ka MH 1849 i pau ai n¯a makahiki ‘elua o ka ho‘okahuli aupuni ma ‘Eulopa, he makahiki ‘ano nui ma ka loli ‘ana o ke aukahi kumuk¯an¯awai o k¯eia au. Koe ko Hawa‘i a me ko Liberia, ua k¯akau ‘ia ia mau palapala kumuk¯an¯awai ma ‘Eulopa a me n¯a ‘Amelika. E ho‘opuka ‘ia ana ko k¯el¯a aupuni ko k¯eia aupuni, i k¯ulike me ka palapala kumu a ma ka ‘¯olelo

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‘ O¯ LELO M UA kumu (a mau ‘¯olelo paha). Ma waho o ka mana puke, The Rise of Modern Constitutionalism, 1776–1849, e ho‘okau ‘ia ana ka mana kikoho‘e ma http://www.modernconstitutions.de. Ma ia kahuapa‘a e loa‘a manuahi mai ai n¯a ki‘i kikoho‘e o n¯a palapala kumu a pau i hoa like me n¯a palapala i pa‘i p¯u ‘ia ma ka puke (he pono na‘e ka

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loa‘a ‘¯e o ka laikini no ka n¯an¯a piha ‘ana i n¯a h¯okeo ‘ikepili a pau). I k¯eia mua koke iho, e pono ke pa‘i ‘ia ‘ana o n¯a puke unuhina ‘¯olelo Pelek¯ania e hiki ai i ka lehulehu kau‘¯aina ke heluhelu i ia mau palapala, he mau haneli, i k¯akau ‘ia ma kahi o ka 20 ‘¯olelo like ‘ole. Horst Dippel

¯ ‘Olelo Ho‘omaika‘i

Ua nui launa ‘ole ko‘u mahalo i n¯a mea k¯okua ‘elua n¯ana i ho‘olako mai ko l¯aua loea palena ‘ole ma n¯a m¯o‘aukala kumuk¯an¯awai o Hawai‘i a me Liberia a ma ka ho‘oponopono ‘ana i n¯a palapala o k¯eia puke: i¯a Robert Stauffer, Ke Kulanui o Hawai‘i, Honolulu, Hawai‘i, a i¯a D. Elwood Dunn, University of the South, Sewanee, Tennessee, USA. E la‘a me ke aupuni kumuk¯an¯awai, he ho‘okumu ‘ia mai ka p¯ahana ho‘oponopono puke aia wale n¯o a alu like mai ka po‘e n¯ana e ho‘ol¯al¯a, ho‘om¯ohala, a ho‘opuka i n¯a m¯ahele like ‘ole. Ke mahalo aku nei au i n¯a “kupa” o k¯eia p¯ahana, i ka po‘e ho‘i i ho‘opapau wale mai ma ka h¯o‘oia ‘ana i ka pololei o n¯a mea like ‘ole a pau o ke aukahi kumuk¯an¯awai: na Miriam Leitner ka ‘ohi a ho‘oponopono ‘ana i n¯a palapala o k¯eia puke, a na Dr. Thomas Clark, Nicole Burkhardt, a me Matthias Schneider ka manakia p¯ahana, ka ha‘aliu ‘ana i n¯a palapala, a me ka ho‘oka‘a‘ike ‘ana me ka po‘e k¯okua. ‘O ka hana none wale he ha‘aliu i n¯a palapala kumuk¯an¯awai ho‘ohuikau o

k¯el¯a ‘ano k¯eia ‘ano, ua ‘auamo ‘ia na Florian Albert, Ricarda Alt, Valérie Courtas, Marc Martin, Andrea Pristl, Ulrike Reinecke, a me Silvia Wershofen, me ke k¯okua k¯akau‘¯olelo n¯a Angelika Ferrante. Mahalo p¯u au i ke alu like hou ‘ana me K. G. Saur Verlag no kona ‘ike nui i n¯a hana ho‘opuka puke no ka lehulehu a¯ kea i pono loa ai k¯eia p¯ahana. ‘Oi loa ko‘u ho‘omaika‘i ‘ana aku i ka hana a ka manakia ho‘opuka, a Clara Waldrich, a me k¯ana po‘e lima k¯okua: ‘o Dr. Wolfgang von Collas, Christina Hofmann, a me Manfred Link (ma Munich l¯akou) a me Mathias Wündisch (ma Leipzig). ‘E‘ole ka ha‘awina k¯al¯a nui a ka Deutsche Forschungsgemeinschaft (ka Hui Noi‘i Kelem¯ania), puka k¯eia puke. I ko ka DFG ko‘u mahalo nui palena ‘ole, a ‘oi loa aku i¯a Michael Schuster no ke k¯ako‘o ‘ana mai me ke ohohia i kahi p¯ahana me k¯eia kona nui i ka w¯a e pilikia nui nei n¯a p¯ahana o ia ‘ano i ka nele i ke k¯al¯a ‘ole. Horst Dippel

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1 N¯a Palapala Kumuk¯an¯awai o Hawai‘i Constitutional Documents of Hawai‘i 1839–1856 Ho‘oponopono ‘ia e / Edited by Robert Stauffer

Papa Kuhikuhi – Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ¯ ‘Olelo Ho‘¯ak¯aka . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ¯ Ke Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina (MH 1839) / Constitution of Hawai‘i (1839) ¯ Ke Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina (MH 1840) / Constitution of Hawai‘i (1840) ¯ Ke Kumuk¯an¯awai o Ko Hawai‘i Pae ‘Aina (MH 1852) / Constitution of Hawai‘i (1852) ¯ N¯a P¯aku‘i ‘Olelo o ka MH 1856 / Amendments of 1856 . . . . . . . . . . . . .

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Introduction1

Of the dozens of internationally recognized nations and the far larger number of sub-national units that produced written constitutions during the rise of modern constitutionalism, the only indigenous participant was Hawai‘i. And of the hundreds of constitutional documents included in this collection, only the four Hawaiian documents appear in an indigenous or nonEuropean language and predate the multitude of constitutions found outside of Europe and the Americas today. Hawaiian constitutions are included in this collection because Hawai‘i was recognized as an independent country by other nations. Samuel M¯anaiakalani Kamakau, respected as the greatest Hawaiian historian,2 lived at the time these documents first appeared and wrote highly of them and the democratic constitutional monarchy that they established. Summing up their benefits, he concluded: ‘O ka ‘oi kelakela o ka p¯omaika‘i i h¯a‘awi ‘ia ma ke aloha o ka M¯o‘¯ı Kamehameha III. ‘O ke kumuk¯an¯awai i kapa ‘ia ‘o “Kal¯ahikiola, ‘o Kalanaola a ‘o Kuapapanui.” ‘O ka p¯omaika‘i k¯eia e hiki ‘ole ai ke ho‘on¯aueue ‘ia. Aia n¯o na‘e i ka mana‘o o n¯a m¯o‘¯ı ma hope. He kumuk¯an¯awai i hana ‘ia e n¯a m¯o‘¯ı ma ke aloha i n¯a maka‘¯ainana o ka ‘¯aina nei. ‘O k¯eia mau hana, ‘o ia n¯a hana kaulana a ka M¯o‘¯ı Kamehameha III i ho‘okaulana ‘ia, a he mau hana hiki ‘ole ke ‘¯aka‘a; ua sila ‘ia i loko o ka na‘au o ka l¯ahui holo‘oko‘a, a ua ho‘opa‘a ‘ia a pa‘a loa i ia hanauna aku, ia hanauna aku, a mau loa; ua lilo kona inoa i mea poni maika‘i i ke po‘o o ka l¯ahui (Kamakau 1869; Kamakau 2001:331)

The greatest blessing, given through the deep affection of King Kamehameha III, is the constitution called “Kal¯ahikiola” [the sun by which life comes], “Kalanaola” [buoyant life], and “Kuapapanui” [tranquil security of a unified government].3 This is the blessing that cannot be shaken, although that has been the intent of some later kings.4 It is a constitution created by the kings because of their deep affection for the citizens of this land. These are the famous deeds of King Kamehameha III for which he received renown and which can never be overturned. They are written in the hearts of the whole nation and have been fixed there immovably for the generations to come, forever. His name has become a noble crown on the head of the nation (Lyon 2006). Although no original manuscripts of any of these documents survive, the Hawaiian government carefully printed them at the time, and dedicated archivists have preserved and maintained them.5 An unofficial, partial compilation was made by Lorrin Thurston in 1904. A central participant in events that led to the 1893 overthrow of the Hawaiian government and the subsequent annexation of the Islands to the United States, Thurston compiled the English versions of the constitutions of 1840 and 1852 (pp.1–9 and 155–168, respectively), among other government documents. He provided indices for both constitutions (pp. 291–294 and pp. 325–336, respectively) and included some, but not all, of the amendments to these and later constitutions (only one of the four amend-

19

I NTRODUCTION ments to the 1864 constitution and none to the 1852 or 1887 constitutions). No complete compilation of the documents existed until definitive editions were published in ¯ Ka Ho‘oilina: Puke Pai ‘Olelo Hawai‘i/The Legacy: Journal of Hawaiian Language Sources.6 This collection includes other U.S. state constitutions as translated into various languages to enable those states’ language minorities to understand the documents. Such is not the case here, where the Hawaiian constitutions were the primary texts with translations made into English. The majority of the population in the Islands at the time were Hawaiian-speaking, and most of the small minority of non-Hawaiians, if not fluent, were at least able to understand spoken and written Hawaiian. Today, the state of Hawai‘i constitutionally recognizes Hawaiian and English as its official languages – the only state in the Union that so recognizes a non-English language, much less an indigenous one.7 Not only are the Hawaiian language constitutions historically important, but Hawaiian is still used today (and is, in fact, enjoying a renaissance). Therefore the introduction, footnotes, and index are in both Hawaiian and English. The 1839 Hawaiian constitution has survived with only an unofficial English translation from the time period and has been given little weight by historians. Some have considered it to be a declaration of rights, or the Hawaiian Magna Charta, but not a constitution (Kuykendall 1938: 159, 160). This view is supported by a revised (and weakened) version of the text that appeared within the official Hawaiian and English versions of the 1840 constitution. Yet the sole, official title of the 1839 document was “Kumu Kanawai” (today spelled Kumuk¯an¯awai; literally, fundamental law), the same title appearing on subsequent constitutions. As such, the document is included

20

here. All Hawaiian constitutional amendments from the period prior to 1860 are included here. There were no failed amendments as defined in this collection. The documents are reproduced using their original orthography, including the Hawaiian source orthography and archaic English which differ from the language’s contemporary standardized orthography. Spelling, capitalization, punctuation, italics, and parentheses follow the original, except where noted. In keeping with the style of this collection, a minimum of annotation has been included. Hawai‘i occupies a number of unique positions within this collection of documents associated with the rise of modern constitutionalism. Not the least of these positions was Hawai‘i’s indigenous constitutional monarchy which held sovereignty over an area now within the United States and which was internationally recognized by the era’s great powers. The editorial team of this collection, including Horst Dippel, Miriam Leitner, and Ulrike Reinecke, are acknowledged and thanked for making these particular documents more readily accessible than they have been.

References Cited K AMAKAU , Samuel M¯anaiakalani, "Ka Moolelo Hawaii", Ke Au ‘Oko‘a, October 14, 1869. K AMAKAU , Samuel M¯anaiakalani, Ke Aupuni M¯o‘¯ı, edited by Puakea Nogelmeier, Honolulu: Kamehameha Schools Press, 2001. K AMAKAU , Samuel M¯anaiakalani, Ruling Chiefs of Hawaii, Rev. Ed., Translation by Mary Kawena Pukui, Thomas Thrum, Lahilahi Webb, Emma Davidson Taylor, and John Wise, Honolulu: Kamehameha Schools Press, 1992.

I NTRODUCTION K UYKENDALL, Ralph, "Constitutions of the Hawaiian Kingdom", Papers of the Hawaiian Historical Society No. 21 [1940], Honolulu. K UYKENDALL, Ralph, The Hawaiian Kingdom, Volume I: 1778–1854, Foundation and Transformation, Honolulu: University of Hawai‘i Press, 1938. K UYKENDALL, Ralph, The Hawaiian Kingdom, Volume II: 1854–1874, Twenty Critical Years, Honolulu: University of Hawai‘i Press, 1953. LYON, Kapali, Personal communication, 2006, Hilo, Hawai‘i. O SORIO, Jonathan Kay Kamakawiwo‘ole, Dismembering L¯ahui: A History of the Hawaiian Nation to 1887, Honolulu: University of Hawai‘i Press, 2002. S ILVA, Kalena, editor, Ka Ho‘oilina: ¯ Puke Pai ‘Olelo Hawai‘i / The Legacy: Journal of Hawaiian Language Sources, I:1 (March 2002), and I:2 (September 2002), Honolulu: Kamehameha Schools Press in association with University of Hawai‘i Press.

T HURSTON, Lorrin, The Fundamental Law of Hawaii, Honolulu: The Hawaiian Gazette Co., Ltd., 1904.

1

Robert Stauffer is a lecturer in Ethnic Studies at the University of Hawai‘i at M¯anoa. This introduction was translated into Hawaiian by Kapali Lyon, an independent researcher, and edited by Kalena Silva, Director of Ka Haka ‘Ula O Ke‘elik¯olani College of Hawaiian Language, University of Hawai‘i at Hilo. 2 Lilikal¯ a Kame‘eleihiwa (Kamakau 1992: v). 3 A related meaning of “Kuapapanui” is: “A high chief who is a wise ruler and lives like a father to his people, never allowing them to know fear or distress, is spoken of as kuapapanui.” (Kamakau 1992:429). 4 This is perhaps an allusion to the extralegal constitution of 1864. 5 Archives include the Hawai‘i State Archives (formerly the Archives of Hawai‘i), Susan Shaner, State Archivist; the Hawaiian Historical Society Library, Barbara Dunn, Administrative Director; and the Hawai‘i Mission Children Society’s Collections, Kanani Reppun, Head Librarian. 6 The complete compilation of constitutions and amendments was published in issues of the journal from 2002 to 2004. 7 Nonofficial recognition exists for Spanish in New Mexico and for French in Louisiana.

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¯ ‘Olelo Ho‘¯ak¯aka1

He ka‘au a ‘oi a‘e paha n¯a l¯ahui k¯u‘oko‘a o ke ao nei n¯ana i ho‘opuka i ka palapala kumuk¯an¯awai i ka w¯a i kupu a‘e ai ke aukahi o ia mea he kumuk¯an¯awai, a he mau ka‘au n¯o ho‘i n¯a l¯ahui e noho ana ma lalo o ia po‘e l¯ahui i ho‘opuka like i k¯a l¯akou kumuk¯an¯awai pono‘¯ı. Ma waena o ia mau l¯ahui papapau, k¯u ho‘okahi ‘o Hawai‘i wale n¯o ka l¯ahui ‘¯oiwi. A ma waena ho‘i o n¯a palapala kumuk¯an¯awai ma k¯eia ‘ohina nei, ‘o n¯a palapala Hawai‘i ‘eh¯a wale n¯o kai ho‘opuka ‘ia ma kekahi ‘¯olelo ‘¯oiwi a ‘Eulopa ‘ole paha ma mua o n¯a kumuk¯an¯awai he lehuhelu o k¯eia au nei ma waho o ‘Eu¯ lopa a me ‘Amelika ‘Akau me ka Hema. Ua komo n¯a kumuk¯an¯awai Hawai‘i i loko o k¯eia ‘ohina ‘oiai ua ‘ike ‘ia ‘o Hawai‘i he ‘¯aina k¯u‘oko‘a e n¯a l¯ahui ‘¯e a‘e. I ka w¯a i puka mua mai ai ua mau palapala kumuk¯an¯awai l¯a, e ola ana ‘o Samuela M¯anaiakalani Kamakau i mana‘o ‘ia ‘o ia ‘o ia ke po‘okela o ka waihona ‘ike no Hawai‘i kahiko.2 Ua k¯akau ‘o Kamakau me ka hapahapai nui a‘e i ia mau kumuk¯an¯awai a me k¯a l¯akou aupuni m¯o‘¯ı i ho‘okumu ai penei: ‘O ka ‘oi kelakela o ka p¯omaika‘i i h¯a‘awi ‘ia ma ke aloha o ka M¯o‘¯ı Kamehameha III. ‘O ke kumuk¯an¯awai i kapa ‘ia ‘o “Kal¯ahikiola, ‘o Kalanaola a ‘o Kuapapanui.”3 ‘O ka p¯omaika‘i k¯eia e hiki ‘ole ai ke ho‘on¯aueue ‘ia. Aia n¯o na‘e i ka mana‘o o n¯a m¯o‘¯ı ma hope.4 He kumuk¯an¯awai i hana ‘ia e n¯a m¯o‘¯ı ma ke aloha i n¯a maka‘¯ainana o ka ‘¯aina nei. ‘O k¯eia mau hana, ‘o ia n¯a hana kaulana a ka M¯o‘¯ı Kamehameha III i ho‘okaulana ‘ia, a he mau hana hiki ‘ole ke ‘¯aka‘a; ua sila ‘ia i loko o ka na‘au o ka l¯ahui holo‘oko‘a, a ua ho‘opa‘a ‘ia a pa‘a loa i ia hanauna aku, ia hanauna aku,

a mau loa; ua lilo kona inoa i mea poni maika‘i i ke po‘o o ka l¯ahui (Kamakau 1869; Kamakau 2001:331) I loko n¯o o ka loa‘a ‘ole o n¯a palapala kumu k¯akau lima ‘ia, ua pa‘i a ho‘olaha nui ‘ia a‘e i ke a¯ kea e ke aupuni m¯o‘¯ı, a ua ho‘okoe a m¯alama maiau ‘ia e n¯a loea waihona palapala kahiko a i k¯eia au e naue nei.5 Na Kakina (na Lorrin Thurston ho‘i) – he kipi i k¯ako‘o i ka ho‘okahuli aupuni Hawai‘i o ka MH 1893 a me ka ho‘ohui ‘¯aina me ‘Amelika – i ho‘om¯akaukau i h¯o‘ili‘ilina hapap¯u a k¯uhelu ‘ole i ka MH 1904. Ua h¯o‘ili‘ili ‘o ia i ka mana ‘¯olelo Pelek¯ania o n¯a kumuk¯an¯awai o ka MH 1840 a 1852 (‘ao‘ao 1–9 a me ka 155–168) a me kekahi mau palapala aupuni ‘¯e a‘e. Ua ho‘okomo ‘o ia i n¯a ‘inideka no ua mau kumuk¯an¯awai ‘elua nei (‘ao‘ao 291– 294 a me ka 325–336) a me kekahi mau p¯aku‘i ho‘ololi i¯a l¯aua nei a me n¯a kumuk¯an¯awai ma hope mai, ‘a‘ole na‘e ‘o n¯a p¯aku‘i ho‘ololi a pau (ho‘okahi wale n¯o o n¯a p¯aku‘i ho‘ololi he ‘eh¯a i ke kumuk¯an¯awai MH 1864 a he ‘ole loa i ke kumuk¯an¯awai MH 1852 a 1887). ‘O ka mua loa o ka h¯o‘ili‘ilina piha pono, ‘o ia n¯o n¯a palapala k¯umole i pa‘i ‘ia i loko o Ka Ho‘oilina: ¯ Puke Pai ‘Olelo Hawai‘i.6 Aia i loko o k¯eia ‘ohina nei he mau kumuk¯an¯awai moku‘¯aina ‘¯e a‘e o ‘Amelika Hui P¯u ‘Ia i unuhi ‘ia ma n¯a ‘¯olelo like ‘ole e hiki ai i ka po‘e o ia mau ‘¯olelo ke maopopo. ‘A‘ole na‘e p¯el¯a ma ‘ane‘i, ‘oiai aia ma ka ‘¯olelo Hawai‘i n¯a palapala kumu i unuhi ‘ia ma ka Pelek¯ania ma hope. Ua ‘¯olelo Hawai‘i ka hapa nui o ka po‘e ma Hawai‘i i ia manawa, a ‘o ka nui o ka po‘e koko Hawai‘i ‘ole, in¯a ‘aole i m¯akaukau i ka ‘¯olelo, ua lohe n¯o a ua hiki ho‘i ke

23

¯ AKA ¯ ‘ O¯ LELO H O ‘ AK

heluhelu. I k¯eia manawa, he h¯o‘ike ke kumuk¯an¯awai o ka moku‘¯aina ‘o Hawai‘i e¯ ‘o ka ‘¯olelo Hawai‘i me ka Pelek¯ania ko Hawai‘i mau ‘¯olelo k¯uhelu. Ma waena o n¯a moku‘¯aina a pau o ‘Amelika Hui P¯u ‘Ia, k¯u ho‘okahi ‘o Hawai‘i wale n¯o ka moku‘¯aina i k¯uhelu kekahi ‘¯olelo Pelek¯ania ‘ole ma ke kumuk¯an¯awai, a ‘oi loa he ‘¯olelo ‘¯oiwi n¯o ho‘i ia.7 ‘Oiai he waiwai m¯o‘aukala ko n¯a kumuk¯an¯awai ma ka ‘¯olelo Hawai‘i, ke ho‘ohana ‘ia nei n¯o ia ‘¯olelo (ke m¯ahuahua a‘e nei n¯o ho‘i), no laila, aia ma ka ‘¯olelo Hawai‘i me ka Pelek¯ania ka ‘¯olelo mua, n¯a kuhia o lalo, a me ka ‘inideka. ‘A‘ole i n¯an¯a nui ‘ia ke kumuk¯an¯awai o ka MH 1839 e ka po‘e m¯o‘aukala, a he k¯uhelu ‘ole ka unuhina Pelek¯ania o ia palapala i ho‘okoe ‘ia mai ia w¯a mai. Ua mana‘o kekahi po‘e e¯ he h¯o‘ike ia i ka pono kiwila o k¯anaka, a i ‘ole ia, he ‘ano Magna Charta Hawai‘i, ‘a‘ole na‘e he kumuk¯an¯awai maoli (Kuykendall 1938: 159, 160). Ua hele a ikaika ia mana‘o ma muli o ke komo ‘ana o kekahi mana (i ho‘on¯awaliwali ‘ia) o ka palapala i loko o n¯a mana ‘¯olelo Hawai‘i a Pelek¯ania o ke kumuk¯an¯awai o ka MH 1840. ‘O ke po‘oinoa k¯uhelu ho‘okahi n¯o na‘e o ia palapala o ka MH 1839, ‘o ia ke “Kumu Kanawai” (kumuk¯an¯awai ma ka pela ‘ana o k¯eia au), ke po‘oinoa like o n¯a kumuk¯an¯awai ma hope mai. P¯el¯a i komo ai ia palapala ma ‘ane‘i. Ua ho‘okomo p¯u ‘ia n¯a p¯aku‘i ho‘ololi kumuk¯an¯awai a pau no ka w¯a ma mua o ka MH 1860, a ‘a‘ole i loa‘a n¯a p¯aku‘i ho‘ololi i h¯o‘ole ‘ia, e like ho‘i me ka mea i ho‘¯ak¯aka ‘ia ma k¯eia ‘ohina. Ua ho‘opuka hou ‘ia ma ‘ane‘i n¯a palapala kumu o ka ‘¯olelo Hawai‘i a Pelek¯ania i h¯o‘ano hou ‘ole ‘ia ma ka pela ‘ana o k¯eia au. P¯eia p¯u me ka ho‘oma‘aka, ke kaha kiko, ka ho‘ohi¯o, a me ke kahaapo, koe ma kauwahi i kuhia ‘ia. ‘A‘ole ho‘i i nui n¯a kuhia o lalo i ho‘okomo ‘ia, e like me ke kaila laul¯a o k¯eia ‘ohina. He nui n¯o n¯a hi‘ohi‘ona lua ‘ole o

24

Hawai‘i ma k¯eia ‘ohina nei o n¯a palapala i k¯akau ‘ia i ke au i kupu a‘e ai ke aukahi o ke kumuk¯an¯awai ma n¯a ‘¯aina o ka honua nei. ‘O kekahi hi‘ohi‘ona mea nui, ‘o ia ke aupuni m¯o‘¯ı ‘¯oiwi n¯ana i ho‘omalu i ka pae‘¯aina i ‘ike ‘ia he ‘¯aina k¯u‘oko‘a e n¯a ‘¯aina mana nui o ia w¯a, e ka‘a nei n¯o na‘e ma lalo o ‘Amelika Hui P¯u ‘Ia i k¯e¯ıa w¯a. Eia m¯akou ke ho‘omaika‘i aku nei i ka po‘e luna ho‘oponopono o k¯eia ‘ohina nui laul¯a, i¯a Horst Dippel, Miriam Leitner, a me Ulrike Reinecke, no ka ho‘opuka a ho‘olako ‘ana a‘e i k¯eia mau palapala i ka lehulehu a¯ kea. Mahalo a nui loa.

¯ Kumole Kuhia K AMAKAU , Samuel M¯anaiakalani, "Ka Moolelo Hawaii," Ke Au ‘Oko‘a, ‘Okakopa 14, MH 1869. K AMAKAU , Samuel M¯anaiakalani, Ke Aupuni M¯o‘¯ı, Ho‘oponopono ‘ia e Puakea Nogelmeier, Honolulu: Ka Hale Pa‘i o n¯a Kula ‘o Kamehameha, MH 2001. K AMAKAU , Samuel M¯anaiakalani, Ruling Chiefs of Hawaii, Rev. Ed., Unuhi ‘ia e Mary Kawena Pukui, Thomas Thrum, Lahilahi Webb, Emma Davidson Taylor, a me John Wise, Honolulu: Ka Hale Pa‘i o n¯a Kula ‘o Kamehameha, MH 1992. K UYKENDALL , Ralph, "Constitutions of the Hawaiian Kingdom," Papers of the Hawaiian Historical Society No. 21 [MH 1940], Honolulu. K UYKENDALL , Ralph, The Hawaiian Kingdom, Volume I: 1778-1854, Foundation and Transformation, Honolulu: Ka Hale Pa‘i o ke Kulanui o Hawai‘i, MH 1938. K UYKENDALL , Ralph, The Hawaiian Kingdom, Volume II: 1854-1874, Twenty Critical Years, Honolulu: Ka Hale Pa‘i o ke Kulanui o Hawai‘i, MH 1953. O SORIO , Jonathan Kay Kamakawiwo‘ole, Dismembering L¯ahui: A History of the Hawaiian Nation to 1887, Honolulu:

¯ AKA ¯ ‘ O¯ LELO H O ‘ AK

Ka Hale Pa‘i o ke Kulanui o Hawai‘i, MH 2002. S ILVA , Kalena, luna ho‘oponopono, Ka ¯ Ho‘oilina: Puke Pai ‘Olelo Hawai‘i / The Legacy: Journal of Hawaiian Language Sources, I:1 (Malaki, MH 2002), a me I:2 (Kepakemapa, MH 2002), Honolulu: Ka Hale Pa‘i o n¯a Kula ‘o Kamehameha me ke k¯okua o ka Hale Pa‘i o ke Kulanui o Hawai‘i. T HURSTON , Lorrin, The Fundamental Law of Hawaii, Honolulu: The Hawaiian Gazette Co., Ltd., MH 1904.

1

He kumu ‘o Robert Stauffer ma ka M¯ahele Ha‘awina L¯ahui, Kulanui o Hawai‘i ma M¯anoa. Ua unuhi ‘ia k¯eia ‘¯olelo ho‘olauna na Kapali Lyon, he mea noi‘i k¯u‘oko‘a, a ua ho‘oponopono ‘ia ho‘i na

Kalena Silva, ‘o ia ka Luna Ho‘okele o Ka Haka ‘Ula O Ke‘elik¯olani, Kulanui o Hawai‘i ma Hilo. 2 Lilikal¯ a Kame‘eleihiwa (Kamakau 1992: v). 3 H¯ o‘ike mai ‘o Kamakau i kekahi mana‘o no “Kuapapanui,” ‘o ia ho‘i, he ali‘i na‘auao i aloha nui i kona po‘e maka‘¯ainana i komo ‘ole ka maka‘u me ka ‘¯ınea i ka noho ‘ana. (Kamakau 1992:420). 4 Pili paha k¯ eia i ke kumuk¯an¯awai o ka MH 1864 i noi ‘ole ‘ia ai ka mana‘o me ka ‘¯apono o ka lehulehu a¯ kea. 5 E la‘a me Ka Hale Waihona Palapala Kahiko o ka Moku‘¯aina ‘o Hawai‘i, ‘o Susan Shaner ke Kahu Palapala Kahiko o ka Moku‘¯aina; Ka Hale Waihona Puke o ka Hui M¯o‘aukala Hawai‘i, ‘o Barbara Dunn ka Luna Ho‘okele; a me Ka Hale Waihona Puke o ka Hui Kamali‘i Mikiona Hawai‘i, ‘o Kanani Reppun ke Po‘o Kahu Puke. 6 Ua pa‘i ‘ia ka h¯ o‘ili‘ilina kumuk¯an¯awai a p¯aku‘i ho‘ololi piha pono ma n¯a pukana o k¯eia puke pai mai ka MH 2002 a hiki i ka MH 2004. 7 He k¯ ulana k¯uhelu ‘ole ko ka ‘¯olelo Paniolo ma N¯u Mekiko, a p¯el¯a ho‘i ka ‘¯olelo Palani ma Luikiana.

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Ke Kumuk¯an¯awai o Ko ¯ Hawai‘i Pae ‘Aina (MH 1839)

Constitution of Hawai‘i (1839)

He Kumu Kanawai No Ko Hawaii Nei Pae Aina1

[Constitution of the Hawaiian Islands]1

Ua hana mai ke Akua i na lahuikanaka a pau i ke koko hookahi, e noho like lakou ma ka honua nei me ke kuikahi, a me ka pomaikai. Ua haawi mai no ke Akua i kekahi mau waiwai like, no na kanaka a pau, me na’lii a pau o na aina a pau loa. Eia kekahi mau waiwai ana i haawi like mai ai i kela kanaka keia kanaka, i kela alii keia alii; o ke ola, o na lala o ke kino; o ka noho hoopaa ole ia, a me ke keakea ole ia, o na mea a kona lima i hana’i, a me na mea a kona manao i hooponopono ai. Na ke Akua mai no hoi ka oihana alii, a me ka noho alii ana i mea e malu ai; aka, i ka hana ana i na kanawai o ka aina, aole pono e hanaia kekahi kanawai hoomalu alii wale no, a hoomalu ole i na makaainana. Aole hoi e pono ke kau i ke kanawai hoowaiwai i na’lii wale no, a waiwai ole na makaainana; a mahope aku nei, aole loa e kauia kekahi kanawai ku e i keia mau olelo i oleloia maluna, aole hoi e auhau wale ia, aole e hookauwaia, aole e hoohana wale ia kekahi kanaka ma ke ano ku e i ua mau olelo la. Nolaila, e hoolahaia aku ai keia olelo, i mea hoomalu like i na kanaka a pau a me na’lii a pau o keia pae aina; i keakea ole ai kekahi alii i kekahi o na makaainana, i like hoi ka malu o na’lii, a me na kanaka malalo o ke kanawai hookahi.

God hath made of one blood all nations of men, to dwell on the face of the earth in unity and blessedness. God has also bestowed certain rights alike on all men, and all chiefs and all people of all lands. These are some of the rights which he has given alike to every man and every chief, life, limb, liberty, the labor of his hands and productions of his mind. God has also established governments and rule for the purposes of peace, but in making laws for a nation it is by no means proper to enact laws for the protection of rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to the enriching of their subjects also; and hereafter, there shall by no means be any law enacted which is inconsistent with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any man in a manner at variance with the above sentiments. These sentiments are hereby proclaimed for the purpose of protecting alike, both the people and the chiefs of all these islands, that no chief may be able to oppress any subject, but that chiefs and people may enjoy the same2 protection under one and the same law.

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H AWAI ‘ I Ua hoomaluia ke kino o na kanaka a pau, a me ko lakou aina, a me ko lakou mau pahale, a me ko lakou waiwai a pau; aole hoi e laweia kekahi mea, ke olelo ole ia kela mea ma ke kanawai. O ke alii e hana i kekahi mea ku e i keia Kumu kanawai, e pau kona noho alii ana ma keia pae aina o Hawaii nei, ke hoomau ia malaila, pela na kiaaina, a me na luna a me na konohiki a pau.

Protection is hereby secured to the persons of all the people, together with their lands, their building lots and all their property and nothing whatever shall be taken from any individual, except by express provision of the laws. Whatever chief shall perseveringly act in violation of this Constitution, shall no longer remain a chief of the Sandwich Islands, and the same shall be true of the governors, officers and all land agents.

1

1

Verified by He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i: Hawaiian Government,] 1839, 3. No surviving manuscript. The constitution was effective upon publication on June 7, 1839, but soon after was superseded by the constitution of 1840, published in Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Hawaiian Government,] 1841, 1–14, (q.v.). An unofficial English translation of the constitution of 1839 appeared in “Sandwich Islands Laws”, The Hawaiian Spectator, II, (July, 1839,) Honolulu, Oahu, Sandwich Islands, [Hawai‘i,] 347–348, (q.v.). H¯o‘oia ‘ia ma loko mai o He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i; Ke Aupuni Hawai‘i,] 1839, 3. ‘A‘ohe palapala k¯akau lima i koe. Ua ho‘omaka ke k¯o o k¯eia kumuk¯an¯awai ‘¯olelo Hawai‘i i ka manawa iho i pa‘i mua ‘ia ai i ka l¯a 7 o Iune, 1839; ua pani koke ‘ia n¯o na‘e me ke kumuk¯an¯awai o ka MH 1840, i pa‘i ‘ia ma Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i, Ke Aupuni Hawai‘i,] 1841, 1–14, (q.v.). Ua pa‘i ‘ia he unuhina Pelek¯ania k¯uhelu ‘ole ma “Sandwich Islands Laws”, The Hawaiian Spectator, II, (July, 1839,) Honolulu, Oahu, Sandwich Islands, [Hawai‘i,] 347–348, (q.v.).

28

Verified by “Sandwich Islands Laws”, The Hawaiian Spectator, II, (July 1839), Honolulu, Oahu, Sandwich Islands [Hawai‘i,] 347–348. No surviving manuscript. This is an unofficial translation of the original Hawaiian language constitution which was effective beginning June 7, 1839, and published in He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i: Hawaiian Government,] 1839, 3, (q.v.). This constitution was soon after superseded by the constitution of 1840 which was published in Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Hawaiian Government,] 1841, 1–14, (q.v.). An official English translation of the constitution of 1840 appeared in Translation of the Constitution and Laws of the Hawaiian Islands, Established in the Reign of Kamehameha III., Lahainaluna, [Hawai‘i: Hawaiian Government,] 1842, 9–20, (q.v.). H¯o‘oia ‘ia ma loko mai o “Sandwich Islands Laws”, The Hawaiian Spectator, II, (Iulai, 1839), Honolulu, Oahu, Sandwich Islands [Hawai‘i,] 347–348. ‘A‘ohe palapala k¯akau lima i koe. He unuhina k¯uhelu ‘ole k¯eia o ke kumuk¯an¯awai ‘¯olelo Hawai‘i i ho‘omaka ke k¯o i ka l¯a 7 o Iune a i pa‘i ‘ia ma loko o He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i: Ke Aupuni Hawai‘i,] 1839, 3, (q.v.). Ua pani koke ‘ia n¯o na‘e me ke kumuk¯an¯awai o ka MH 1840 i ho‘opuka ‘ia ma Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Ke Aupuni Hawai‘i,] 1841, 1–14, (q.v.). Ua pa‘i ‘ia he unuhina Pelek¯ania k¯uhelu o ke kumuk¯an¯awai o ka MH 1840 ma Translation of the Constitution and Laws of the Hawaiian Islands, Established in the Reign of Kamehameha III., Lahainaluna, [Hawai‘i: Ke Aupuni Hawai‘i,] 1842, 9–20 (q.v.). 2 In “Sandwich Islands Laws” print, 348, “Some”. “Some” ma “Sandwich Islands Laws”, ka palapala pa‘i ‘ia.

Ke Kumuk¯an¯awai o Ko ¯ Hawai‘i Pae ‘Aina (MH 1840)

Constitution of Hawai‘i (1840)

Ke Kumu Kanawai O Ko Hawaii Pae Aina1

Constitution of the Hawaiian Islands1

HE OLELO HOAKAKA I KA PONO O NA KANAKA A ME NA’LII

DECLARATION OF RIGHTS, BOTH OF THE PEOPLE AND CHIEFS

Ua hana mai ke Akua i na lahuikanaka a pau i ke koko hookahi, e noho like lakou ma ka honua nei me ke kuikahi, a me ka pomaikai. Ua haawi mai no hoi ke Akua i kekahi mau waiwai like, no na kanaka a pau, me na'lii a pau o na aina a pau loa. Eia kekahi mau waiwai ana i haawi mai ai i kela kanaka keia kanaka, i kela alii keia alii i noho pono; o ke ola, o na lala o ke kino; o ka noho hoopaa ole ia, a me ke keakea ole ia, o na mea a kona lima i hana pono ai, a me na mea a kona manao i hooponopono ai. Aole nae na mea i papaia e na kanawai a pau. Na ke Akua mai no hoi ka oihana alii, a me ka noho alii ana i mea e malu ai; aka, i ka hana ana i na kanawai o ka aina, aole pono e hanaia kekahi kanawai hoomalu alii wale no, a hoomalu ole i na makaainana. Aole hoi e pono ke kau i ke kanawai hoowaiwai i na'lii wale no, a waiwai ole na makaainana; a mahope aku nei, aole loa e kauia kekahi kanawai ku e i keia mau olelo i oleloia maluna, aole hoi e auhau wale ia, aole e hookauwaia, aole e hoohana wale ia kekahi kanaka ma ke ano ku e i ua mau olelo la.

“God hath made of one blood all nations of men to dwell on the earth,” in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands. These are some of the rights which He has given alike to every man and every chief of correct deportment; life, limb, liberty, freedom from oppression; the earnings of his hands and the productions of his mind, not however to those who act in violation of the laws. God has also established government, and rule, for the purpose of peace; but in making laws for the nation it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to enriching their subjects also, and hereafter there shall by no means be any laws enacted which are at variance with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any man, in a manner which is at variance with the above sentiments.

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H AWAI ‘ I

Hoomalu na Kanaka a pau

Protection for the People Declared

Nolaila, e hoolaha'i aku ai keia olelo, i mea hoomalu like i na kanaka a pau, a me na'lii a pau o keia pae aina, i ko lakou noho pono ana, i keakea ole ai kekahi alii i kekahi o na makaainana, i like hoi ka malu o na'lii, a me na kanaka malalo o ke kanawai hookahi. Ua hoomaluia ke kino o na kanaka a pau, a me ko lakou aina, a me ko lakou mau pahale, a me ko lakou waiwai a pau; ke malama lakou i na kanawai o ke aupuni, aole hoi e laweia kekahi mea, ke olelo ole ia kela mea ma ke kanawai. O ke alii e hana i kekahi mea ku e i keia Kumu kanawai, e pau kona noho alii ana ma keia pae aina o Hawaii nei, ke hoomau ia malaila, pela na kiaaina, a me na luna a me na konohiki a pau. Aka, ina huli hou ka mea i hewa, a hooponopono e like me na kanawai, alaila, hiki no i na'lii ke hooku hou ia ia i kona wahi ku ai mamua aku o kana hana hewa ana.

The above sentiments are hereby published for the purpose of protecting alike, both the people and the chiefs of all these islands, while they maintain a correct deportment; that no chief may be able to oppress any subject, but that chiefs and people may enjoy the same protection, under one and the same law. Protection is hereby secured to the persons 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 individual except by express provision of the laws. Whatever chief shall act perseveringly in violation of this constitution, shall no longer remain a chief of the Hawaiian Islands, and the same shall be true of the Governors, officers and all land agents. But if any one who is deposed should change his course, and regulate his conduct by law, it shall then be in the power of the chiefs to reinstate him in the place he occupied previous to his being deposed.

Kumu Kanawai

CONSTITUTION

Mamuli o ia pono i oleloia maluna, ke manao nei makou e hooponopono i keia aupuni, e imi hoi i ka maikai no na'lii a pau, a me na makaainana a pau o keia pae aina o Hawaii nei. Ua maopopo ia makou, aole loa makou e hiki, o makou wale; o ke Akua ka mea e hiki ai, no ka mea, oia ke alii maluna o na aupuni a pau, a oia wale no ka mea e malu ai, a e pomaikai ai: nolaila ke nonoi mua aku nei makou ia ia, e kuhikuhi mai ia makou i mea e pono ai, a e kokua hoi mamuli o ka makou hana ana.

It is our design to regulate our kingdom according to the above principles and thus seek the greatest prosperity both of all the chiefs and all of 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 it is His province alone to give perfect protection and prosperity.– Wherefore we first present our supplication to Him, that he will guide us to right measures and sustain us in our work.

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¯ INA (MH 1840) ¯ AWAI ¯ K E K UMUK AN O KO H AWAI ‘ I PAE ‘ A

Nolaila, ua paa ko makou manao:

It is therefore our fixed decree,

I. Aole loa e hanaia kekahi kanawai ku e i ka olelo a ka Haku, a Iehova, aole hoi i ku e i ke ano nui o ia olelo. E ku like no na kanawai a pau o keia pae aina me ke ano nui o ko ke Akua kanawai.

I. 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 consistency with the general spirit of God’s law.

II. E hoomaluia no na kanaka a pau o kela pule o keia pule, i ko lakou hoomana ana ia Iehova, a me ko lakou malama ana ia ia, e like me ko lakou manao, aole nae e hoopaiia ke kanaka no kona malama ole ana i ke Akua, ke hana ino ole oia i kekahi kanaka, a hoopoino i ke aupuni paha.

II. All men of every religion shall be protected in worshipping Jehovah, and serving Him, according to their own understanding, but no man shall ever be punished for neglect of God unless he injures his neighbor, or brings2 evil on the kingdom.

III. E kokua no ke kanawai i kela kanaka i keia kanaka i hoopoinoia e kekahi, me kona hewa ole, a e hoomaluia na kanaka a pau ma na hana pono a pau; a e hoopaiia na kanaka a pau i hoopoino i ke aupuni, a i kekahi kanaka paha. Aole hoi e kauia kekahi kanawai paewaewa e hoopomaikai ai i kekahi ma ka poino o kekahi.

III. 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 themselves3 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.

IV. Aole e hoopaiia kekahi kanaka ke hoakaka ole ia kona hewa mamua, aole hoi e hoopaiia ke hookolokolo ole ia imua o ke alo o ka mea nana i hoopii, a halawai laua, he maka no, he maka, a hookolokoloia e like me ke kanawai, a ku ka hewa imua o laua, alaila hoopai.

IV. No man shall be punished unless his crime be first made manifest, neither 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 having been conducted according to law, and the crime made manifest in their presence, then punishment may be inflicted.

V. Aole pono i kekahi kanaka, aole hoi i kekahi alii ke noho lunakanawai, a i juri hoi e hookolokolo i kona makamaka ponoi, a me ka mea i pili pono ia ia. Nolaila, ina hoahewaia kekahi kanaka, a hooponoia paha, a mahope iho, ikeia, ua hana paewaewa kekahi o ka poe hookolokolo, i mea e kokua wale i kona mea aloha, a i mea e waiwai ai paha, alaila, hookolokolo hou imua o ka poe paewaewa ole.

V. No man or chief shall be permitted to sit as judge or act on a jury to try his particular friend (or enemy), or one who is especially connected with him. Wherefore if any man be condemned or acquitted, and it shall afterwards be made to appear, that some one who tried him acted with partiality for the purpose of favoring his friend (or injuring his enemy,) or for the purpose of enriching himself, then there shall be a new trial allowed before those who are impartial.

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H AWAI ‘ I

Ka hoakaka ana i ke Ano o ka Noho o na'lii

Exposition of the Principles on which the Present Dynasty is Founded

Eia ke ano o ka noho ana o na'lii a me ka hooponopono ana i ka aina. O Kamehameha I., oia ke poo o keia aupuni, a nona no na aina a pau mai Hawaii a Niihau, aole nae nona ponoi, no na kanaka no, a me na'lii, a o Kamehameha no ko lakou poo nana e olelo i ka aina. Nolaila, aohe mea pono mamua, aohe hoi mea pono i keia manawa ke hoolilo aku i kekahi lihi iki o keia mau aina me ka ae ole o ka mea ia ia ka olelo o ke aupuni. Eia ka poe nana ka olelo mai ia manawa mai, O Kamehameha II., o Kaahumanu I., a i keia wa hoi, o Kamehameha III. Na keia poe wale no e olelo no2 ke aupuni, a hiki i keia wa, a o na palapala a pau a lakou i kakau ai, oia wale no na palapala o ke aupuni. E mau loa aku hoi ke aupuni ia Kamehameha III., a me kona hooilina aku. Eia hoi kona hooilina, o ka mea ana e olelo pu ai me na'lii i kona wa e ola ana, a i ole ia e olelo, alaila lilo ka olelo i na'lii wale no, a me ka poe i kohoia no hoi.

The origin of the present government, and system of polity, is as follows. Kamehameha I, 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. It belonged to the chiefs and people in common, of whom Kamehameha I. was the head, and had the management of the landed property. Wherefore, 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 II, Kaahumanu I, and at the present time Kamehameha III. 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 confirmed to Kamehameha III, and his heirs, and his heir shall be the person whom he and the chiefs shall appoint, during his lifetime, but should there be no appointment, then the decision shall rest with the chiefs and house of Representatives.

Na Pono o ke Alii nui

Prerogatives of the King

Eia hoi ko ke alii nui wahi. Oia ka mea maluna o na kanaka a pau, a me na'lii a pau. Nona no ke aupuni. Ia ia na koa, a me na mea kaua o ke aupuni, na pu, na pa kaua, a me na mea kaua a pau. Ia ia ka waiwai o ke aupuni, ke kala o ke kino, ka auhau o ka aina, a me na la hana ekolu o ka malama, e like nae me ka olelo o ke kanawai. Nona no kona mau aina ponoi, a me na aina hemo i ka makahiki.

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 direction of the government property – the poll tax – the land tax – the three days monthly labor, though in conformity to the laws. He also shall retain his own private lands, and lands forfeited

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C ONSTITUTION OF H AWAI ‘ I (1840) Oia ka mea nui o na lunakanawai kiekie, a ia ia no ka hooko i na kanawai o ka aina, a me na olelo kupaa, a me na kuikahi o ko na aina e, e like hoi me ka olelo o koonei kanawai. Nana no e hana i na kuikahi me na'lii o na aupuni e a pau, a oia ka mea olelo pu me na lunakiekie i hoounaia mai, mai na aina e mai, a nana no e hooholo i ka olelo. Nana no ka olelo o ke kaua, ke hiki i ka manawa pilikia, a pono ole i na'lii a pau ke akoakoa mai, a oia hoi ka alihikaua. Nana no hoi na olelo nui a pau o ke aupuni, ke haawi ole ia kela olelo ia hai ma ke kanawai.

for the nonpayment of taxes shall revert to him. He shall be the chief judge of the Supreme Court, and it shall be his duty to execute the laws of the land, also all decrees and treaties with other countries, all however in accordance with the laws. It shall also be his prerogative to form treaties with the rulers of all other kingdoms, also to receive ministers sent by other countries, and he shall have power to confirm agreements with them. He shall also have power to make war in time of emergency, when the chiefs cannot be assembled, and he shall be the commander in chief. He shall also have power to transact all important business of the kingdom which is not by law assigned to others.

No ke Kuhina nui o ke Aupuni

Respecting the Premier of the Kingdom

He mea pono i ke alii nui ke koho i kekahi alii akamai, i alii nui hoi, a e lilo oia i kanaka ponoi nona, a e kapaia oia ke kuhina nui o ke aupuni. A e like no kona noho ana a me kana hana me ka Kaahumanu I., a me ka Kaahumanu II. No ka mea i ka wa e ola ana o Kamehameha I., ia Kaahumanu no ke ola a me ka make, ka hewa, a me ka pono. A i kona wa i make ai, kauoha mai oia "No Liholiho ke aupuni, a o Kaahumanu ke kuhina."3 A o kela pono a Kamehameha I., i imi ai i kuhina, e hoomauia kela pono ma Hawaii nei, e like nae me ka olelo o ke kanawai. Eia ka hana a ke Kuhina nui. O na mea i pili i ke aupuni a ke alii e manao ai e hana, na ke Kuhina no e hana ma ka inoa o ke alii; a o na olelo, a me na hana o ke aupuni a ke Kuhina e hana'i, na ke alii ia olelo a me ia hana. E ike no hoi oia i ka waiwai a pau o ke aupuni, a nana no e haawi i ke alii nui. O ke Kuhina nui ka mea olelo pu me ke alii ma na mea nui o ke aupuni. Aole hoi e hana

It shall be the duty of the King to appoint some chief of rank and ability, to be his particular minister, whose title shall be Premier of the Kingdom. His office and business shall be the same as that of Kaahumanu I, and Kaahumanu II. For even in the time of Kamehameha I, life and death, condemnation and acquittal were in the hands of Kaahumanu. When Kamehameha I, died, his will was, “The Kingdom is Liholiho’s, and Kaahumanu is his Minister.” That important feature of the government, originated by Kamehameha I, shall be perpetuated in these Hawaiian Islands, but shall always be in subserviency to the law. The following are the duties of the Premier. All business connected with the special interests of the kingdom, which the King wishes to transact, shall be done by the Premier under the authority of the king. All documents and business of the kingdom executed by the Premier, shall be considered as executed by the King’s authority. All gov-

33

H AWAI ‘ I wale ke alii me ka lohe ole o ke Kuhina, aole hana wale ke Kuhina me ka lohe ole o ke alii; a ina hoole ke alii i kana, o ka ole no ia. A o na hana nui a pau a ke alii e manao ai nana ponoi e hana, e hana no oia, me ka lohe nae o ke Kuhina.

ernment property shall be reported to him (or her) and he (or she) shall make it over to the King. The Premier shall be the King’s special counsellor in the great business of the kingdom. The King shall not act without the knowledge of the Premier, nor shall the Premier act without the knowledge of the King, and the veto of the King on the acts of the Premier shall arrest the business. All important business of the kingdom which the King chooses to transact in person, he may do it but not without the approbation of the Premier.

Na Kiaaina

Governors

Eha no Kiaaina ma Hawaii nei. No Hawaii kekahi. No Maui a me na moku e pili ana kekahi, no Oahu kekahi, a no Kauai a me na moku e pili ana kekahi. Malalo o ke alii nui ka noho ana o na Kiaaina a pau mai Hawaii a Kauai. Eia hoi ke ano o ko ke Kiaaina noho ana, a me kana hana hoi. E noho luna no oia maluna o na luna auhau a pau o kona moku, a nana no e hooko i ka lakou olelo a pau, ke ike oia he pono, e hooko nae e like me ka olelo o ke kanawai, aole ma kona manao wale. Oia hoi ka luna maluna o na lunakanawai a pau o kona moku, a nana no e hooko i ka lakou olelo, e like me ka olelo maluna. Nana no e koho i na Lunakanawai, a haawi ia lakou i ka palapala hoolilo. O ke Kiaaina, oia ke alii nui o kona moku, a o kona mau moku paha. Ia ia hoi na mea kaua o ka moku. Ia ia na pakaua, a me na koa, a me na pu, a me na mea kaua a pau. Malalo o ke alii nui laua o ke Kuhina nui ka noho ana o na kiaaina a pau, mai Hawaii a Kauai. Ia ia ka waiwai auhau o ka moku, a nana no e haawi i ke Kuhina nui. Ia ia no hoi ka olelo i ka manawa pilikia, ke ole ke alii nui, a o ke Kuhina nui paha. Ia ia no hoi

There shall be four Governors over these Hawaiian Islands – one for Hawaii – one for Maui and the Islands adjacent – one for Oahu, and one for Kauai and the adjacent Islands. All the Governors, from Hawaii to Kauai shall be subject to the king. The prerogatives of the Governors and their duties, shall be as follows: Each Governor shall have the general direction of the several tax gatherers of his island, and shall support them in the execution of all their orders which he considers to have been properly given, but shall pursue a course according to law, and not according to his own private views. He also shall preside over all the judges of his island, and shall see their sentences executed as above. He shall also appoint the judges and give them their certificates of office. All the Governors, from Hawaii to Kauai shall be subject not only to the King, but also to the Premier. The Governor shall be the superior over his particular island or islands. He shall have charge of the munitions of war, under the direction of the king, however, and the Premier. He shall have charge of the forts, the

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¯ INA (MH 1840) ¯ AWAI ¯ K E K UMUK AN O KO H AWAI ‘ I PAE ‘ A

ka ke alii hana a pau o ka moku, ka auhau, a me na hana hou, a me na mea e waiwai ai, a e noho no na luna a pau malalo ona. Ia ia hoi na olelo, a me na hana a pau o ka moku i haawi ole ia ia hai ma ke kanawai. I ka manawa e make ai ke Kiaaina, alaila, e akoakoa na'lii a pau, i kahi a ke alii nui e olelo ai, a e imi pu lakou i hope no ke Kiaaina i make, a o ka mea a lakou e koho like ai, a ae ke alii nui ma ka palapala, oia ke Kiaaina hou.

soldiery, the arms and all the implements of war. He shall receive the government dues and shall deliver over the same to the Premier. All important decisions rest with him in times of emergency, unless the king or Premier be present. He shall have charge of all the King’s business on the island, the taxation, new improvements to be extended, and plans for the increase of wealth, and all officers shall be subject to him. He shall also have power to decide all questions, and transact all island business which is not by law assigned to others. When either of the Governors shall decease, then all the chiefs shall assemble at such place as the king shall appoint, and shall nominate a successor of the deceased Governor, and whosoever they shall nominate and be approved by the King, he shall be the new Governor.

No na'lii malalo o ke Alii nui

House of Nobles

I ka ahaolelo ana a na'lii, eia ka poe olelo i keia manawa, o Kamehameha III., o Kekauluohi, o Hoapili wahine, o Kuakini, o Kekauonohi, o Kahekili, o Paki, o Konia, o Keohokalole, o Leleiohoku, o Kekuanaoa, o Kealiiahonui, o Kanaina, o Ii, o Keoniana, a me Haalilio, a ina komo ka mea hou na ke kanawai e hoakaka ia. Na lakou nei kekahi olelo o ke aupuni. Aka, ina manao lakou e komo wale mai kekahi mea e ae e olelo pu, pono no. O keia poe nae ka poe hooholo i ka olelo. Aole e hana ia kekahi kanawai no ka aina me ko lakou lohe ole. Penei hoi ka lakou hana ana. E akoakoa lakou i kela makahiki i keia makahiki, e imi i na mea e pono ai ka aina, i kanawai hoi no ke aupuni. I ka malama o Aperila e akoakoa'i, i ka la, a i kahi a ke alii nui e olelo ai. He mea pono no hoi i ke alii nui ke olelo pu me lakou nei ma na mea nui a pau o ke aupuni, i mea e kuikahi ai, a i mea hoi e

At the present period, these are the persons who shall sit in the government councils, Kamehameha III, Kekauluohi, Hoapiliwahine, Kuakini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leleiohoku, Kekuanaoa, Kealiiahonui, Kanaina, Keoni Ii, Keoni Ana, and Haalilio. Should any other person be received into the council, it shall be made known by law. These persons shall have part in the councils of the kingdom. No law of the nation shall be passed without their assent. They shall act in the following manner: They shall assemble annually, for the purpose of seeking the welfare of the nation, and establishing laws for the kingdom. Their meetings shall commence in April, at such day and place as the King shall appoint. It shall also be proper for the King to consult with the above persons respecting all the great concerns of the kingdom, in order to promote unanimity and secure the great-

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H AWAI ‘ I pono ai. A e hana no hoi lakou i na hana a pau a ke alii nui e haawi ai ia lakou. No lakou hoi ko lakou mau aina ponoi, ina he moku, oia, ina he kalana, oia no, a ina he mea e, oia no hoi; a e hana no lakou ma ko lakou aina e like me ko lakou manao, aole nae e ku e i ke kanawai o ke aupuni.

est good. They shall moreover transact such other business as the King shall commit to them. They shall still retain their own appropriate lands, whether districts or plantations, or whatever divisions they may be, and they may conduct the business on said lands at their discretion, but not at variance with the laws of the kingdom.

No ka Poe i Kohoia

Respecting the Representative Body

I kela makahiki i keia makahiki e kohoia kekahi mau kanaka e ahaolelo pu me na'lii, a e imi pu i kanawai no ka aina. No Hawaii kekahi, a no Maui kekahi, a no Oahu kekahi, a no Kauai kekahi. Na na makaainana e koho, e like me ko lakou makemake. E hoakaka no ke kanawai i ke ano o ke koho ana a me ka nui o ka poe e kohoia'i. Na keia poe i kohoia kekahi olelo o ke aupuni. Aole kanawai e kauia ke ae ole ka nui o lakou.

There shall be annually chosen certain persons to sit in council with the Nobles and establish laws for the nation. They shall be chosen by the people, according to their wish, from Hawaii, Maui, Oahu and Kauai. The law shall decide the form of choosing them, and also the number to be chosen. This representative body shall have a voice in the business of the kingdom. No law shall be passed without the approbation of a majority of them.

No ka Halawai ana o ka Poe Hana Kanawai

Respecting the Meetings of the Legislative Body

Hookahi no halawai ana o ka makahiki, e like me ka olelo maluna. Aka, ina e manao na'lii e halawai e i kekahi manawa, e halawai no, e like me ko lakou manao. I ka akoakoa ana, pono e kaawale na'lii maoli, a me ka poe i kohoia. Aka, ina manao lakou e olelo pu i kekahi manawa, aia no e like me ko lakou manao. Penei hoi lakou e hana'i: E koho na'lii maoli i kakauolelo na lakou, a i ka la e akoakoa'i, nana no e kakau i ka lakou olelo a pau, o na olelo hoi i hooholoia, a e malama mau loa ia kela buke i ole ai e nalowale na olelo a lakou e imi ai no ke aupuni. Pela no hoi ka poe i kohoia: E koho no lakou i kakauolelo na lakou, a i ko lakou la e akoakoa'i e imi ka pono no ke aupuni, a

There shall be an annual meeting as stated above; but if the Rulers think it desirable to meet again they may do it at their discretion. When they assemble, the Nobles shall meet by themselves and the representative body by themselves, though at such times as they shall think it necessary to consult together, they may unite at their discretion. The form of doing business shall be as follows: The Nobles shall appoint a Secretary for themselves who at the meetings shall record all decisions made by them, and that book of records shall be preserved in order that no decrees affecting the interests of the kingdom may be lost. The same shall be done by the representa-

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C ONSTITUTION OF H AWAI ‘ I (1840) holo kekahi olelo ia lakou, alaila e kakauia kela olelo iloko o kekahi buke, a e malama loa ia buke i mea e nalowale ole ai na pono i imiia no ke aupuni. Aole hoi e kauia kekahi kanawai hou ke ae ole ka nui o na'lii maoli, a me ka poe i kohoia. A ina holo kekahi olelo ia lakou, alaila e laweia kela olelo ma ka pepa, a i ke alii nui, a ina i pono i kona manao, a kakauia kona inoa malalo, a me ko ke Kuhina nui, alaila lilo ia i kanawai no ke aupuni. Aole hoi e noa ia kanawai, a na ka poe nana i kau e hoonoa.

tive body. They too shall choose a Secretary for themselves, and when they meet for the purpose of seeking the interests of the kingdom, and shall come to a decision on any point, then that decision shall be recorded in a book, and the book shall be preserved, in order that nothing valuable, affecting the interests of the kingdom should be lost; and there shall no new law be made, without the approbation of a majority of the Nobles and also a majority of the representative body. When any act shall have been agreed upon by them, it shall then be presented to the King, and if he approve and sign his name, and also the Premier, then it shall become a law of the kingdom, and that law shall not be repealed until it is done by the voice of those who established it.

No na Lunaauhau

Respecting the Tax Officers

Na ke alii laua o kona Kuhina nui e koho i mau luna auhau, a e haawi ia lakou i palapala hoolilo. Okoa na lunaauhau o kekahi moku, okoa na lunaauhau o kekahi moku. Ina ekolu luna o ka moku hookahi, oia no. Ina i oi aku a emi mai paha, aia no i ka manao o ke alii, laua o ke Kuhina nui. A loaa i kekahi luna ka palapala hoolilo, alaila, aole ia e hemo me ka hookolokolo ole ia mamua; a maopopo kona hewa, alaila, hemo. Aka, ina i hai mua ia ma ke kanawai na makahiki o ko lakou noho luna ana, pono no ia. Eia ka hana maopopo a na lunaauhau. Na lakou e hoike aku i na kanaka a pau i ka nui o ka hookupu, i lohe mua ia i ka manawa pono. E hoike aku na luna e like me ka olelo a na'lii kiaaina, e like hoi me ka olelo o ke kanawai. A hiki i ka manawa e hookupu ai, na lakou no e hoiliili i ka waiwai, a haawi i ke kiaaina, a na ke kiaaina e haawi aku i ke Kuhina nui, a na ke Kuhina nui aku, a i ke alii nui. E malama no hoi na lunaauhau i ka paahao o ke alii, a ina manao lakou e

The King and Premier shall appoint Tax Officers, and give them their certificates of office. There shall be distinct tax officers for each of the islands, at the discretion of the King and Premier. When a tax officer has received his certificate of appointment, he shall not be dismissed from office without first having a formal trial, and having been convicted of fault, at which time he shall be dismissed. Though if the law should prescribe a given number of years as the term of office, it may be done. The following are the established duties of the tax officers. They shall assess the taxes and give notice of the amount to all the people, that they may understand in suitable time. The tax officers shall make the assessment in subserviency to the orders of the Governors, and in accordance with the requirements of the law. And when the taxes are to be gathered, they shall gather them and deliver the property to the Governor, and the Governor shall pay it over to the

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H AWAI ‘ I haawi i na konohiki e hana, pono loa ia, e noho nae na luna maluna o na konohiki ma ia hana. E malama no hoi na lunaauhau i na hana hou a ke alii e manao ai e hoolaha ae maluna o ke aupuni. E hana nae lakou malalo o na kiaaina. Aia no i na lunaauhau ka olelo no ke kanawai auhau. Ia lakou na olelo a pau no ka hookaumaha ana o na konohiki a me na hakuaina, i na makaainana, a me na hihia a pau iwaena o na konohiki, a me na hoaaina, a me na mea a pau i oleloia iloko o ke kanawai auhau i kauia i ka malama o Iune, i ka la ehiku i ka makahiki o ka Haku, 1839. Penei hoi ka lakou hana ana: E hana no kela lunaauhau keia lunaauhau ma kona wahi iho. Ina ku ka hihia mawaena o na konohiki a me na hoaaina, na ka lunaauhau e hookolokolo, a i hewa ka hoaaina na ka luna a me ke konohiki e hooko i ke kanawai maluna ona. Aka, ina i hewa ke konohiki i ko ka luna manao, alaila e kii aku ka luna i na lunaauhau a pau o ia moku, a ina i like ko lakou manao a pau, alaila, ua hewa ke konohiki, a na ke kiaaina e hooko i ke kanawai maluna ona. Aka i na hookolokolo ana a pau, ina manao kekahi ua hewa ka na luna hana ana, pono e hoike aku i ke Kiaaina, a nana e hookolokolo hou. A ina e manaoia ua hewa ka ke Kiaaina hana ana, e hoikeia'ku ia i na lunakanawai kiekie, a na lakou e hookolokolo hou.

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Premier, and the Premier shall deliver it to the King. The tax officers shall also have charge of the public labor done for the King, though if they see proper to commit it to the land agents it is well, but the tax officers being above the land agents shall be accountable for the work. They shall also have charge of all new business which the King shall wish to extend through the kingdom. In all business however they shall be subject to the Governor. The tax officers shall be the judges in all cases arising under the tax law. In all cases where land agents or landlords are charged with oppressing the lower classes, and also in all cases of difficulty between land agents and tenants, the tax officers shall be the judges, and also all cases arising under the tax law enacted on the 7th of June, 1839. They shall moreover perform their duties in the following manner: Each tax officer shall be confined in his authority to his own appropriate district. If a difficulty arises between a land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent shall execute the law upon him. But if the tax officer judge the land agent to be in fault, then he shall notify all the tax officers of his particular island, and if they are agreed, they shall pass sentence on him and the Governor shall execute it. But in all trials, if any individual take exception to the decision of the tax officer, he may appeal to the Governor who shall have power to try the case again, and if exceptions are taken to the decision of the Governor, on information given to the Supreme Judges, there shall be a new and final trial before them.

¯ INA (MH 1840) ¯ AWAI ¯ K E K UMUK AN O KO H AWAI ‘ I PAE ‘ A

No na Lunakanawai

Of the Judges

E koho no kela Kiaaina keia Kiaaina i mau Lunakanawai no ka moku, e like me kona manao, ina elua oia, a ina i nui aku, oia no, e like hoi me kona manao, a e haawi no hoi oia ia lakou i palapala hoolilo. A loaa ia lakou ia, aole lakou e hemo me ka hookolokolo ole, aka ina hoakaka ke kanawai i na makahiki o ko lakou noho lunakanawai ana, ua pono ia. Penei hoi lakou e hana'i: E hai mua ia na la hookolokolo. A hiki i ka la i oleloia, alaila, e hookolokolo lakou e like me ka olelo o ke kanawai. Eia na kanawai i haawiia ia lakou, o na kanawai a pau loa i pili ole i ka auhau, a me na hihia iwaena o na konohiki a me na hakuaina a me na hoaaina. O ke Kiaaina hoi ko lakou kokua nana e hooko i ka lakou olelo. Aka, ina i manaoia ua hewa ka lakou hana ana, o ka mea manao pela, pono no ia ia e hoopii i na Lunakanawai Kiekie.

Each of the Governors shall at his discretion, appoint judges for his particular island, two or more as he shall think expedient, and shall give them certificates of office. After having received their certificates, they shall not be turned out, except by impeachment, though it shall be proper at any time for the law to limit the term of office. They shall act in the following manner: They shall give notice before hand of the days on which courts are to be held. When the time specified arrives, they shall then enter on the trials according as the law shall direct. They shall be the judges in cases arising under all the laws excepting those which regard taxation, or difficulties between land agents, or landlords and their tenants. They shall be sustained by the Governor, whose duty it shall be to execute the law according to their decisions. But if exceptions are taken to their judgment, whosoever takes them may appeal to the supreme judges.

No na Lunakanawai Kiekie

Of the Supreme Judges

O ka poe i kohoia, e koho lakou i mau luna eha, e kokua i ke alii nui, laua o kona Kuhina nui. A o keia poe eono, o lakou na lunakanawai kiekie no ke aupuni. Eia ka lakou hana, o na hihia pono ole i na lunaauhau a me na lunakanawai, na lakou e hookolokolo hou e like me ka olelo o ke kanawai. E hai mua ia no hoi na la hookolokolo i mea e hiki ai ka poe pilikia ke hoopii. A o ka olelo a keia poe, ua ko. Aohe olelo i koe mahope o ka lakou. O ke ola, a me ka make, o ka hoopaa, a me ka wehe, o ka uku a me ka uku ole, aia no ia lakou ia, a ia lakou ua pau ka olelo ana.

The representative body shall appoint four persons whose duty it shall be to aid the King and Premier, and these six persons shall constitute the Supreme Court of the kingdom. Their business shall be to settle all cases of difficulty which are left unsettled by the tax officers and common judges. They shall give a new trial according to the conditions of the law. They shall give previous notice of the time for holding courts, in order that those who are in difficulty may appeal. The decision of these shall be final. There shall be no further trial after theirs. Life, death, confinement, fine and freedom, from it, are all in their hands, and their decisions are final.

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H AWAI ‘ I

No ka Hoololi hou ana i keia Kumu Kanawai

Of Changes in this Constitution

Aole e manaoia ua paa loa keia olelo, a lohe na kanaka a pau mai o a o, a kohoia kekahi mau mea e like me ka olelo maloko, a ae lakou alaila, ua paa loa keia Kumu Kanawai. A mahope aku, ina e manaoia e hoololi hou, E hai muaia a lohe na kanaka a pau i ke ano o kela olelo hou i manaoia e hookomo, a ia makahiki iho i ka halawai ana o na'lii, a me ka poe i kohoia, ina i manao like lakou e hookomo hou i kekahi olelo, a e hoole i kekahi olelo paha, pono no ia hana ana. O keia olelo i oleloia maluna, ua hooholoia i na’lii, a ua kauia ko maua inoa, i keia la 8 o Okatoba, i ka makahiki o ka Haku, 1840, ma Honolulu, Oahu.

This constitution shall not be considered as finally established, until the people have generally heard it and have appointed persons according to the provisions herein made, and they have given their assent, then this constitution shall be considered as permanently established. But hereafter, if it should be thought desirable to change it, notice shall be previously given, that all the people may understand the nature of the proposed change, and the succeeding year, at the meeting of the Nobles and the representative body, if they shall agree as to the addition proposed or as to the alteration, then they may make it. The above constitution has been agreed to by the Nobles, and we have hereunto subscribed our names, this eighth day of October, in the year of our Lord 1840, at Honolulu, Oahu. (Signed)

1

K AMEHAMEHA III.

K AMEHAMEHA III.

K EKAULUOHI .

K EKAULUOHI .

Verified by Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Hawaiian Government,] 1841, 1–14. No surviving manuscript. An official English translation appeared in Translation of the Constitution and Laws of the Hawaiian Islands, Established in the Reign of Kamehameha III. Lahainaluna, [Hawai‘i: Hawaiian Government,] 1842, 9–20, (q.v.). Issued by the monarch and nobles on October 8, 1840, this constitution was effective beginning in April 1841, when it was ratified by the representatives of the people at Lua‘ehu, Maui. It superseded the constitution of 1839 (He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i: Hawaiian Government,] 1839, 3, q.v.). It was in turn superseded by the constitution of 1852 (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Hawaiian Government,] 1852, 3–19, q.v.). H¯o‘oia ‘ia ma loko mai o Ke Kumu Kanawai, a me

40

1

Verified by Translation of the Constitution and Laws of the Hawaiian Islands, Established in the Reign of Kamehameha III., Lahainaluna, [Hawai‘i: Hawaiian Government,] 1842, 9–20. No surviving manuscript. This official English translation is not literal nor complete in parts and contains paragraph breaks inconsistent with the Hawaiian. Issued by the monarch and nobles on October 8, 1840, this constitution was effective beginning in April 1841, when it was ratified by the representatives of the people at Lua‘ehu, Maui. It superseded the constitution of 1839 (He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i: Hawaiian Government,] 1839, 3, q.v.) and was in turn superseded by the constitution of 1852 (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Hawaiian Government,] 1852, 3–19, q.v.). An official English translation of the constitution of 1852 appeared in Constitution and Laws of His

C ONSTITUTION OF H AWAI ‘ I (1840) na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Ke Aupuni Hawai‘i,] 1841, 1–14. ‘A‘ohe palapala k¯akau lima i koe. Ua pa‘i ‘ia ka unuhina ‘¯olelo Pelek¯ania k¯uhelu ma Translation of the Constitution and Laws of the Hawaiian Islands, Established in the Reign of Kamehameha III., Lahainaluna, [Hawai‘i: Ke Aupuni Hawai‘i,] 1842, 9–20, (q.v.). Ua ho‘opuka ‘ia k¯eia kumuk¯an¯awai e ka m¯o‘¯ıa me n¯a ali‘i ma ka l¯a 8 o ‘Okakopa, 1840, a ua ho‘omaka ke k¯o ma ‘Apelila, 1841, i ka ‘¯apono ‘ia ‘ana e n¯a ‘elele maka‘¯ainana ma Lua‘ehu, Lahaina, Maui. Ua pani ia i kahi o ke kumuk¯an¯awai o ka MH 1839 (He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei Pae Aina, Honolulu, [Hawai‘i, ke Aupuni Hawai‘i,] 1839, 3, q.v.), a ua pani ‘ia n¯o ho‘i ia me ke k¯an¯awai o ka MH 1852 (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–19, q.v.). 2 In Ke Kumu Kanawai print, 4, “O”. “O” ma Ke Kumu Kanawai, ka palapala pa‘i ‘ia. 3 In Ke Kumu Kanawai print, 6, “Kanaka”. “Kanaka” ma Ke Kumu Kanawai, ka palapala pa‘i ‘ia.

Majesty Kamehameha III., King of the Hawaiian Islands. Passed by the Nobles and Representatives at their Session, 1852, Honolulu, printed by Order of the Legislature. [Hawai‘i: Hawaiian Government,] 1852, 3–17, (q.v.). H¯o‘oia ‘ia ma loko mai o Translation of the Constitution and Laws of the Hawaiian Islands, Established in the Reign of Kamehameha III., Lahainaluna, [Hawai‘i: Ke Aupuni Hawai‘i,] 1842, 9–20. ‘A‘ohe palapala k¯akau lima i koe. ‘A‘ole piha pono a k¯u like ka mana‘o o k¯eia unuhina ‘¯olelo Pelek¯ania k¯uhelu me ka Hawai‘i ma kauwahi, a he mau ‘okina pauk¯u ‘oko‘a n¯o ho‘i kona mai ka Hawai‘i mai. Ua ho‘opuka ka M¯o‘¯ıa me n¯a ali‘i i k¯eia kumuk¯an¯awai ma ka l¯a 8 o ‘Okakopa, 1840, a ua ho‘omaka ke k¯o i ‘Apelila, 1841, i ka ‘¯apono ‘ia ‘ana e n¯a ‘elele maka’¯ainana ma Lua‘ehu, Lahaina, Maui. Ua pani ia i kahi o ke kumuk¯an¯awai o ka MH 1839 (He Kumu Kanawai, a me ke Kanawai Hooponopono Waiwai, no ko Hawaii Nei pae Aina, Honolulu, [Hawai‘i: Ke Aupuni Hawai‘i,] 1839, 3, q.v.), a ua pani ‘ia ho‘i me ke kumuk¯an¯awai o ka MH 1852 (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–19, q.v.). Ua pa‘i ‘ia ka unuhina Pelek¯ania k¯uhelu o ke kumuk¯an¯awai o ka MH 1852 ma Constitution and Laws of His Majesty Kamehameha III., King of the Hawaiian Islands, Passed by the Nobles and Representatives at their Session, 1852, Honolulu, printed by Order of the legislature, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–17, (q.v.). 2 In Translation print, 11, “Bring”. “Bring” ma Translation, ka palapala pa‘i ‘ia, ‘ao‘ao 11. 3 In Translation print, 11, “Themselves” omitted. K¯apae ‘ia ‘o “themselves” ma Translation, ka palapala pa‘i ‘ia, ‘ao‘ao 11.

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Ke Kumuk¯an¯awai o Ko ¯ Hawai‘i Pae ‘Aina (MH 1852)

Constitution of Hawai‘i (1852)

He Kumukanawai O Ko Hawaii Pae Aina1

Constitution of the Hawaiian Islands1

KUMUKANAWAI I HAAWIIA E KA MOI KAMEHAMEHA III., KE ALII O KO HAWAII PAE AINA, ME KE KUKA PU A ME KA AE PU O NA ’LII A ME KA POEIKOHOIA E NA MAKAAINANA I AKOAKOA ILOKO O KA AHAOLELO KAU KANAWAI, I KA LA 14 O IUNE, 1852.

CONSTITUTION, GRANTED BY HIS MAJESTY KAMEHAMEHA III., KING OF THE HAWAIIAN ISLANDS, BY AND WITH THE ADVICE AND CONSENT OF THE NOBLES AND REPRESENTATIVES OF THE PEOPLE IN LEGISLATIVE COUNCIL ASSEMBLED, JUNE 14TH, 1852.

O KA OLELO HOAKAKA NO NA PONO E PILI ANA I NA KANAKA A PAU

DECLARATION OF RIGHTS

PAUKU 1. Ua hana mai ke Akua i na kanaka a pau e noho paa ole a e noho like hoi; a ua haawi mai no hoi oia i mau pono e pili paa loa ia lakou; oia hoi, o ke ola, o ka noho keakea kumu ole ia mai, a me na pono e loaa mai ai a e maluhia io ai ka waiwai.

A RT. 1. God hath created all men2 free and equal, and endowed them with certain inalienable rights; among which are life and liberty, the right of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

PAUKU 2. E hoomaluia na kanaka a pau i ko lakou hoomana ana ia Iehova, e like me ko lakou manao; aole nae e hanaia malalo iho o keia haawina maikai kekahi hana kolohe a me ke kue i ka maluhia a me ka pono o ke Aupuni.

A RT. 2. All men are free to worship God according to the dictates of their own consciences; but this sacred privilege hereby secured, shall not be so construed as to justify acts of licentiousness or practices inconsistent with the peace or safety of this Kingdom.

PAUKU 3. E hiki no i na kanaka a pau ke olelo, a ke palapala, a ke hoike wale aku paha, i ko lakou manao no na mea a pau, a

A RT. 3. All men may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of that right;

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H AWAI ‘ I na ke Kanawai wale no lakou e hooponopono. Aole loa e kaulia kekahi Kanawai e hoopilikia ana, a e keakea ana paha i ka olelo, a me ke paipalapala.

and no law shall be passed to restrain or abridge the liberty of speech, or of the press.

PAUKU 4. E hiki no i na kanaka a pau ke akoakoa malie, me ka hoolako ole i na mea kaua, e kukakuka pu no ko lakou mau pono; e ao aku i ka lakou Poeikohoia; a e nonoi aku i ke Alii, a i ka Ahaolelo o ke Aupuni, e wehe i ko lakou mau pilikia.

A RT. 4. All men shall have the right, in an orderly and peaceable manner to assemble, without arms, to consult upon the common good; give instructions to their Representatives; and to petition the King or the Legislature for a redress of grievance.

PAUKU 5. O ka pono o ka palapala kuu kino, no na kanaka a pau ia; aole hoi e laweia aku ua pono nei. Aka, i ka manawa kipi, a kaua paha, i ka Moi wale no ka mana e weheia’i.

A RT. 5. The privilege of the writ of Habeas Corpus belongs to all men, and shall not be suspended, unless by the King, when, in cases of rebellion or invasion, the public safety shall require its suspension.

PAUKU 6. E mau loa no ka pono o ka hookolokolo jure ma na mea a pau i like me na mea i hookolokoloia pela, ma keia Aupuni, i ka wa i hala aku nei.

A RT. 6. The right of trial by jury, in all cases in which it has been heretofore used in this Kingdom, shall remain inviolate forever.

PAUKU 7. Aole no e hoopaiia kekahi kanaka no ka hewa ofeni, ke hookolokolo ole ia mamua iloko o ka Ahahookolokolo kupono i kela hewa, a hooholoia ka olelo hoopai no ka hewa, e like me ke Kanawai.

A RT. 7. No person shall be subject to punishment for any offense, except on due and legal conviction thereof, in a court having jurisdiction of the case.

PAUKU 8. Aole e hookolokoloia kekahi kanaka no kekahi karaima, a ofeni paha ke ole ka palapala hoopii kupono, e hoomaopopo lea ana i kona karaima, a i kona ofeni paha, (koe nae ka hoopii Lunanui a me na ofeni kupono i ka hookolokoloia iloko o na Ahahookolokolo hoomalu kulanakauhale, a me na Aha o na Lunakanawai apana, a me ka hoopai koke no ka hoohaunaele i na Ahahookolokolo,) a ma ka hookolokolo ana i kekahi kanaka no kona hewa e ku no ia imua o na hoike no kona hewa, he alo no he alo; e hiki hoi ia ia ke kii i na hoike kokua i kona aoao, a me na mea e maopopo ai kona pono; a e hiki no hoi ia ia, a i kona kokua paha, ina pela kona manao, ke ninau i na hoike ana i lawe mai ai, a e ninau no hoi i na hoike o kela aoao, a me ka hai aku i na mea e maopopo ai ka pono o kona aoao.

A RT. 8. No person shall be held to answer for any crime or offense (except in cases of impeachment, or for offenses within the jurisdiction of a police or district justice, or in summary proceedings for contempt), unless upon indictment, fully and plainly describing such crime or offense; and in the trial of any person on the charge of any crime or offense, he shall 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 cross-examine those produced against him; and to be fully heard in his defense.

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PAUKU 9. Ina ua hookolokolo e ia kekahi kanaka no kekahi ofeni, a ua hoopaiia, a hoopukaia paha mamuli o ka palapala hoopii kupono, alaila, aole e hiki ke hookolokolo hou ia ia no ia hewa hookahi.

A RT. 9. No person shall be required to answer again for an offense, for which he has been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment.

PAUKU 10. Ma ka hookolokolo ana no kekahi karaima, aole e koiia kekahi kanaka e hoike kue ia ia iho; aole hoi ia e hoonele ia i ke ola, a i ka malu, a i ka waiwai paha, ke ole i hana pono ia mamuli o ke Kanawai.

A RT. 10. No person shall be compelled, in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law.

PAUKU 11. Aole no e noho kekahi i lunakanawai, a i mea jure paha, e hookolokolo i kona hoahanau, ina o ka mea hoopii a hoopiiia paha; aole hoi i ka mea i pili ia ia, a i kona hoahanau paha ma ke ano hui waiwai; a ina i hoahewaia, a hookuuia paha kekahi, me ke kue i keia olelo, alaila, pono no ke aeia e hookolokolo hou ia ia.

A RT. 11. No person shall sit as judge or juror, in any case in which his relative is interested, either as plaintiff, or defendant, or in the issue of which the said judge or juror may have, either directly or through a relative, any pecuniary interest.3

PAUKU 12. Aole loa e noho kauwa kuapaa kekahi kanaka malalo o kekahi ma ko Hawaii nei Pae Aina; ina hoi e hiki mai kekahi kauwa kuapaa i keia Pae Aina, o kona kuapaa ole no ia, a o na mea lawe mai i ke kauwa kuapaa iloko o ke Aupuni o ka Moi, e nele no ia i na pono a pau o keia Aupuni; aka hoi, aole no e hooleia ka noho kuapaa ana o kekahi, ke hoopaiia oia no ka hewa e like me ke Kanawai.

A RT. 12. Slavery shall, under no circumstances whatever, be tolerated in the Hawaiian Islands: whenever a slave shall enter Hawaiian territory he shall be free; no person who imports a slave, or slaves, into the King’s dominions shall ever enjoy any civil or political rights in this realm; but involuntary servitude for the punishment of crime is allowable according to law.

PAUKU 13. E kapu no kela kanaka keia kanaka ma kona kino, a me kona hale, a me kana mau palapala, a me kona waiwai; aole e hopuia, aole hoi e huliia, me ke kumu ole; aole hoi e hoopukaia ka palapala kena ke maopopo ole ke kumu pono ma ka hoohuoi, a ma ka hoohiki paha, a o ka mea nana i hoopii; a e hoakakaia, iloko o ua palapala nei, kahi e huliia a me na kanaka, a mea e ae paha e hopuia.

A RT. 13. Every person has the right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and effects; and no warrants shall issue, but on probable cause, supported by oath or affirmation, and describing the place to be searched, and the person or things to be seized.

PAUKU 14. Ke hoomalu nei ke Alii i kona Aupuni no ka pono o na kanaka a pau malalo ona; e hoomaluia hoi ke ola, a me ka waiwai, a me ka pomaikai o kona poe kanaka a pau; aole hoi e imiia ka pono, a me ka hanohano,

A RT. 14. The King conducts His Government for the common good; for the protection, safety, prosperity and happiness of His people; and not for the profit, honor, or private interest of any one man, family or

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H AWAI ‘ I a me ka waiwai o ka mea hookahi a o ka ohana hookahi paha, a o ka poe ano hookahi paha o kona poe kanaka; a nolaila, i ke kau ana i na Kanawai no keia lahuikanaka, e manao nui ia ka maluhia a me ka pomaikai, a me ka pono o ka Moi, a me na ’Lii,2 a me na Luna, a me na Makaainana no hoi.

class of men among His subjects. Therefore in making laws for the nation, regard shall be had to the protection, interest and welfare not only of the King,4 the Chiefs, and rulers, but of all the people alike.

PAUKU 15. Pono no ke hoomalu pono ia kela kanaka keia kanaka ma na mea maikai o kona ola, a o kona waiwai a o kona keakea kumu ole ia3 paha, e like me na Kanawai paa; a no ia mea, e pono no ia ia ke kokua i ke kauwahi hapa kupono o kona waiwai, i mea e mau ai ua maluhia nei, a i ole ia, o kana hana ponoi, ke pono; aka aole loa e hiki ke laweia ke kauwahi lihi iki o ka waiwai o kekahi kanaka, aole hoi e haawiia i mea e pono ai ke Aupuni me kona ae ole, a i ole ia, me ka ae ole o ka Moi, a me na ’Lii, a me ka Poeikohoia e na Makaainana; a ina e laweia i kekahi manawa ka waiwai o kekahi kanaka no ka pilikia o ke Aupuni, e loaa no ia ia ka uku kupono no ua waiwai nei.

A RT. 15. Each member of society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, to contribute his proportional share to the expense of this protection; to give his personal services, or an equivalent, when necessary; but no part of the property of any individual, can, with justice, be taken from him or applied to public uses without his own consent, or that of the King, the Nobles, and the Representatives of the people. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefore.5

PAUKU 16. Aole loa e kaulia kekahi auhau, a o kekahi dute paha, aole hoi e unuhi iki ia’e kekahi dala noloko mai o ka waihona dala Aupuni, me ka ae ole o na Hale elua o ka Ahaolelo o ke Aupuni; aka hoi e hoomakaukau ka Ahaolelo ma ka bila Kalaiwaiwai makahiki, i dala e pono ai ke Aupuni ke hiki i ka wa kaua huli moana, a kaua kuloko paha, a na ke Kuhina Waiwai e hoike nui imua o ka Ahaolelo, no na dala i lilo malaila.

A RT. 16. No subsidy, impost, duties or tax of any description, shall be established or levied, nor any money drawn from the public treasury under any pretext whatsoever, without the consent of both branches of the Legislature; provided that the Legislature shall make provision, in the annual bills of appropriation, for the emergency of war, invasion, or rebellion; and the Minister of Finance shall render a detailed account to the Legislature of any expenditure made under that provision.

PAUKU 17. Aole no e kaulia kekahi Kanawai i mea e hoopili ai i kekahi hana i hala mamua; ua hewa ia a he hookaumaha wale.

A RT. 17. All retrospective laws are unjust; therefore, no such laws shall ever be passed.

PAUKU 18. E noho no na mea ano koa malalo iho o na Kanawai o ka Aina; aole loa e hoonohoia kekahi koa ma kekahi hale i ka wa malu me ko ka mea hale ae ole; aole hoi

A RT. 18. The Military shall always be subject to the laws of the land; and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner;

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C ONSTITUTION OF H AWAI ‘ I (1852) i ka wa kaua me ke kue i ke Kanawai a ka Ahaolelo e kau ai no ia mea.

nor in time of war, but in a manner to be prescribed by the Legislature.

PAUKU 19. E koho no na kanaka a pau ma na mea a ke Kanawai i haawi ai, ma ka balota.

A RT. 19. All elections by the people shall be by ballot.6

PAUKU 20. Aole no e hopuia kekahi mea koho ma na la koho oiai kona noho ana ma ia hana koho; a pela hoi i kona hele ana mai, a i kona hoi ana aku mai kahi o ke koho ana, aole ia e hopuia, koe nae ke kipi, ka feloni, a me ka hoohaunaele.

A RT. 20. Every elector shall be privileged from arrest on election days, during his attendance at election, and in going to and returning therefrom, except in cases of treason, felony, or breach of the peace.

PAUKU 21. Aole e koiia kekahi mea koho e noho ana ma ka hana koa i ka la koho a hiki ole ia ia ke koho, ke ole ia he wa kaua, a he wa pilikia paha o ke Aupuni.

A RT. 21. No elector shall be so obliged to perform military duty, on the day of election, as to prevent his voting, except in time of war or public danger.

O KE ANO O KE AUPUNI

FORM OF GOVERNMENT

PAUKU 22. O ke ano o ke Aupuni, he Aupuni Alii mamuli o ke Kumukanawai; malalo hoi o Kamehameha III., a me kona mau hooilina a me kona mau hope.

A RT. 22. The Government of the Kingdom is that of a Constitutional Monarchy, under His Majesty Kamehameha III, His Heirs, and successors.

NO NA MANA

OF POWERS

PAUKU 23. E maheleia ka mana o ke Aupuni i ekolu Apana okoa, oia hoi ka Mana Hooko, ka Mana Kau Kanawai a me ka Mana Hookolokolo; e ku kaawale ia mau mana ekolu; aole hoi e huiia na mana hope elua iloko o ke kanaka hookahi, a iloko o ka Aha hookahi paha.

A RT. 23. The Supreme Power of the Kingdom, in its exercise, is divided into the Executive, Legislative and Judicial; these are to be preserved distinct; the two last powers cannot be united in any one individual or body.

O KA MANA HOOKO

OF THE EXECUTIVE POWER

Palena I.4 O ke alii nui. Kona mau pono ponoi

Section I. The King. His Prerogatives

PAUKU 24. O ke Alii nui ka Luna kiekie hooko o keia Aupuni, a e kapaia oia o ka Moi.

A RT. 24. The King shall continue to be the supreme Executive Magistrate of this Kingdom under the title of His Majesty.

PAUKU 25. E hoomau loa ia ka noho alii i ka Moi ia Kamehameha III., oiai kona ola

A RT. 25. The crown is hereby permanently confirmed to His Majesty Kame-

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H AWAI ‘ I a me kona poe hooilina aku. Eia ka hooilina; o ka mea i kohoia a i hookaulanaia hoi pela e ka Moi a me ka Hale Ahaolelo Alii, oiai e ola ana ka Moi, oia ka hooilina Alii; aka, i ole i hanaia pela, alaila na na ’Lii a me ka Poeikohoia i ka Ahaolelo e koho i ka hooilina Alii me ka balota hui.

hameha III. during his life, and to his successors. The successor shall be the person whom the King and the House of Nobles shall appoint and publicly proclaim as such, during the King’s life; but should there be no such appointment and proclamation, then the successor shall be chosen by the House of Nobles and the House of Representatives in joint ballot.

PAUKU 26. Aole loa e noho ma ka noho Alii kekahi mea i hoahewaia mamua no kekahi hewa ino nui, aole hoi kekahi pupule a hupo paha; aole hoi e lilo kekahi i hooilina o ka Moi ke ole oia no ka hanauna Alii maoli o Hawaii nei.

A RT. 26. No person shall ever sit upon the throne who has been convicted of any infamous7 crime, or who is insane or an idiot. No person shall ever succeed to the crown, unless he be a descendant of the aboriginal stock of Aliis.

PAUKU 27. O ke Alii ka Alihikaua maluna o na koa a me na manuwa a me na mea kaua e ae ma ka moana a ma ka aina; a nona ka mana ma ona iho, a ma o kekahi Luna koa, a mau Luna paha ana e koho ai, e ao a e hooponopono i ua mau mea kaua nei, mamuli o kona manao e pono a e malu ai ke Aupuni. Aka, aole e pono ia ia ka hapai i ke kaua me ka ae ole o kona Ahakukakuka Malu.

A RT. 27. The King is Commander in Chief of the Army and Navy, and of all other Military forces of the Kingdom by sea and land; and has full power by himself, or by any officer or officers, he may appoint, to train and govern such forces, as he may judge best for the defense and safety of the Kingdom. But he shall never proclaim war without the consent of His Privy Council.

PAUKU 28. Na ka Moi, e kukakuka pu ana me kona Ahakukakuka Malu, e hoopanee i ka hoopai, a e kala aku i ka hala, mahope o ka hoahewaia ana, no na hewa a pau, koe nae ka hoopii i na Luna nui ke hoahewaia.

A RT. 28. The King, by and with the advice of His Privy Council, has the power to grant reprieves and pardons, after conviction, for all offenses, except in cases of impeachment.

PAUKU 29. Na ke Alii e kukakuka pu ana me kona Ahakukakuka Malu e hoakoakoa i na Hale elua o ka Ahaolelo ma kahi e noho ai na ’Lii a ma kahi e paha, ke pilikia ia wahi no kekahi enemi, a no kekahi mai ino paha; a ina i kue na hale elua kekahi i kekahi, a i ke Alii paha, nana no e hoopanee, a hoopau, a hookuu aku paha i ka Ahaolelo aole nae mawaho o ka halawai o kela makahiki ae. Ina hoi he pilikia, e hiki no ia ia ke hoakoakoa i ka Ahaolelo a i kekahi o na Hale elua paha, no ia wa pilikia.

A RT. 29. The King, by and with the advice of His Privy Council, convenes both Houses of the Legislature at the seat of Government, or at a different place, if that should become dangerous, from an enemy, or any dangerous disorder; and in case of disagreement between the two Houses, or between His Majesty and them, He adjourns, prorogues, or dissolves them, but not beyond the session of the next year; under any great emergency, He may convene both, or either of them to extraordinary sessions.

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PAUKU 30. Na ke Alii no, e kukakuka pu ana me kona Ahakukakuka Malu, e hana i na Kuikahi, a e koho i na Luna Alii, i na Kauwa Aupuni e ae, a me na Kanikele, e hoounaia aku, a e haawiia ka lakou palapala hookohu a me na kauoha e like me ke Kanawai o na Aupuni.

A RT. 30. The King has the power, by and with the advice of His Privy Council, to make treaties, and appoint Ambassadors, other public Ministers and Consuls who shall be commissioned, accredited and instructed agreeably to the usage and laws of nations.

PAUKU 31. Nana no e ae, a e hooia i na Luna nui a me na Kuhina i hoounaia mai; nana no hoi e hai aku imua o ka Ahaolelo i ke ano o ka noho ana o ke Aupuni i kela manawa, i keia manawa ma kana olelo alii, a e hai aku hoi ia lakou i na mea ana e manao ai he pono na lakou e imi.

A RT. 31. It is His prerogative to receive and acknowledge ambassadors and other public ministers; to inform the Legislature by Royal Message, from time to time, of the state of the Kingdom, and to recommend to their consideration such measures as he shall judge necessary and expedient.

PAUKU 32. Nana no e kukakuka pu ana me kona Ahakuhina a me kona Ahakukakuka Malu, e koho i kekahi o na poo a i kekahi mau poo paha o na Oihana hooko, a e hoopau aku ia lakou e like me kona manao; pono no hoi ia ia ke kauoha aku i na Luna a pau ma na Oihana hooko, e hoike imua ona ma ka palapala, i na mea i pili i ka lakou Oihana.

A RT. 32. He has the power, by and with the advice of His Cabinet, and the approval of His Privy Council, to appoint and remove at His pleasure any of the several heads of the Executive Departments, and he may require information in writing from any of the officers in the Executive Departments, upon any subject relating to the duties of their respective offices.

PAUKU 33. Nana no e nana i ka malama pono ia a i ka hookoia o na Kuikahi a me na Kanawai o ka Aina.

A RT. 33. It is his duty to see that the Treaties and Laws of the land are faithfully observed and executed.

PAUKU 34. Na ka Moi e hoakoakoa, i kela manawa i keia manawa, i kona Ahakuhina a Ahakukakuka Malu paha, e kukakuka pu me ia, e like me ke Kumukanawai a me na Kanawai o ka Aina.

A RT. 34. The King has the power from time to time, to assemble His Cabinet or Privy Councillors to advise with him agreeably with the Constitution and Laws of the land.

PAUKU 35. He kapu loa ke kino o ke Alii nui a me ka maluhia; maluna o na Kuhina ka hihia o na Oihana. Na ka Moi ka mana hooko; e kakauia ka inoa o ka Moi ma na Kanawai a pau i hooholoia e na Hale elua o ka Ahaolelo, a e kakau pu ia ka inoa o ke Kuhinanui, a o kana mau hana e ae a pau ma ka Oihana e aeia e ka Ahakukakuka Malu, e kakau pu ia ka inoa o ke Kuhinanui, a me ka inoa pu hoi o ke Kuhina nana ia hana.

A RT. 35. The person of the King is inviolable and sacred; His Ministers are responsible; to the King belongs the Executive power; all laws that have passed both Houses of the Legislature, for their validity, shall be signed by His Majesty and the Kuhina Nui; all his other official acts shall be approved by the Privy Council, countersigned by the Kuhina Nui, and by the Minister to whose Department such act may belong.

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H AWAI ‘ I PAUKU 36. O ka Moi, oia ke Alii nui maluna o na ’Lii a me na kanaka a pau. Nona no ke Aupuni.

A RT. 36. The King is Sovereign of all the Chiefs and of all of the People; the Kingdom is His.

PAUKU 37. O na inoa hanohano a pau a me ka nani, a me ka hooalii ana, mai ka Moi mai no lakou.

A RT. 37. All titles of honor, orders, and other distinctions emanate from the King.

PAUKU 38. Na ka Moi no e hana i ke dala, a e hooponopono i ke dala ma ke Kanawai.

A RT. 38. The King coins money and regulates the currency by law.

PAUKU 39. E hiki no i ka Moi me ka ae pu o kona Ahakuhina a me ka Ahakukakuka Malu i ka wa i kauia mai, a haunaele paha no ke kipi, ke hoolilo i kona Aupuni a pau, a i kekahi hapa paha, malalo o ke Kanawai koa; a e hiki no hoi ia ia ke haawi loa aku i kona Aupuni, ke maopopo, oia ka mea e pau ai ka hoinoia mai a me ka hookaumahaia mai e kekahi Aupuni e ae.

A RT. 39. The King, by and with the approval of His Cabinet and Privy Council, in case of invasion or rebellion, can place the whole Kingdom, or any part of it under martial law; and he can even alienate it, if indispensable to free it from the insult and oppression of any foreign power.

PAUKU 40. Ua hoomauia ka Hae o ka Moi, a me ka hae o ke Aupuni, e like me keia wa e noho nei.

A RT. 40. The King’s Standard and the National Ensign are maintained as now established.

PAUKU 41. Ua kapu loa ko ka Moi mau aina ponoi a me kona waiwai e ae.

A RT. 41. The King’s private lands and other property are inviolable.

PAUKU 42. Aole no e hiki ke hoopiiia a hookolokoloia ka Moi iloko o kekahi Ahahookolokolo o ke Aupuni.

A RT. 42. The King cannot be sued or held to account in any court or tribunal of the Realm.

Palena II. No ke Kuhinanui

Section II. Of the Kuhina Nui

PAUKU 43. Na ka Moi no e koho i kekahi Alii hanohano a me ka makaukau, e noho i Kuhinanui, a e kapaia oia ‘‘o ke Kuhinanui o ko Hawaii Pae Aina;’’ a o kona inoa Oihana o ka Mea Kiekie.

A RT. 43. The King appoints some chief of rank and ability to be his Kuhina Nui, who shall be styled the Kuhina Nui of the Hawaiian Islands, and whose title shall be Highness.

PAUKU 44. O ke Kuhinanui ka hoa kuka pu o ka Moi ma na mea nui o ke Aupuni. O na mea a pau e pili ana i ke Aupuni, a ka Moi e manao ai e hana, na ke Kuhinanui no e hana ma ka inoa o ka Moi. O na bila, palapala sila nui, palapala hookohu, a me na palapala Aupuni e ae i hana pono ia e ke Kuhinanui, ma ka inoa a me ka ae o ka Moi e like me ka olelo o ka pauku 35, ua like no

A RT. 44. The Kuhina Nui shall be the King’s special Counsellor in the great affairs of the Kingdom. All business connected with the special interests of the Kingdom, which the King wishes to transact, shall be done by the Kuhina Nui under the authority of the King. All Acts, Royal Patents, Commissions, and other official documents, duly executed by the Kuhina

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C ONSTITUTION OF H AWAI ‘ I (1852) ia mau mea me na mea a ka Moi i hana’i, koe nae na mea i hoakakaia ma ke Kanawai.

Nui in the name and by the consent of the King, agreeably with Article 35, unless specially excepted by law, shall be equally binding as if executed by the King himself.

PAUKU 45. E hiki no i ka Moi wale no ke hana i na hana nui a pau o ke Aupuni, ke makemake oia pela, me ka ae pu no nae o ke Kuhinanui. E hiki no ia laua elua ke hoole kekahi i kekahi ma na hana a ke Aupuni.

A RT. 45. All important business of the Kingdom which the King chooses to transact in person, he may do, but not without the approbation of the Kuhina Nui. The King and Kuhina Nui shall have a negative on each other’s public acts.

PAUKU 46. Na ke Kuhinanui, e malama i ka Sila nui o ke Aupuni, i ka hae o ka Moi a me ko ke Aupuni; a nana no hoi e noho Peresidena o ka Ahakukakuka Malu, ke ole ka Moi.

A RT. 46. The Kuhina Nui shall have charge of the Great Seal of the Kingdom, of the Royal Standard, and of the National Flag; and in the absence of the King, he shall preside over the deliberations of the Privy Council.

PAUKU 47. A i kaawale ka nohoalii no ka make ana o ka Moi, a no kekahi mea e ae paha, a oiai e noho keiki ana kekahi hooilina o ka nohoalii, na ke Kuhinanui no ia manawa kaawale, a no ia noho keiki ana paha, e hana i na hana a pau e pili ana i ka Moi, a ia ia no hoi na mana a pau i haawiia e keia Kumukanawai i ka Moi.

A RT. 47. Whenever the throne shall become vacant by reason of the King’s death, or otherwise, and during the minority of any heir to the throne, the Kuhina Nui, for the time being, shall, during such vacancy or minority, perform all the duties incumbent on the King, and shall have and exercise all the powers, which by this Constitution are vested in the King.

PAUKU 48. Ina e kaawale ka oihana Kuhinanui i ka make, i ka haalele maoli, a i kekahi mea e aku paha, oiai e waiho kaawale ana ka nohoalii, a noho keiki ana paha kekahi hooilina o ka nohoalii; alaila na ka Ahakukakuka Malu, a o ka hapa nui paha o lakou, oiai e kaawale ana, e hana i na hana a me na mea a pau i kupono i ka Moi a i ke Kuhinanui e hana, mamuli o keia Kumukanawai. A hiki mai ua wa kaawale nei, na ka Ahakukakukamalu e hoakoakoa koke i na Hale elua o ka Ahaolelo, a na lakou, me ka balota hui, e koho i panihakahaka no ka oihana Kuhina Nui.

A RT. 48. Whenever during the vacancy of the throne, or the minority of any heir to it, the office of Kuhina Nui shall become vacant by death, resignation, or otherwise, then the Privy Council, or the major part of them, shall, during such vacancy, have full power and authority to do, and execute all and every such acts, matters, and things, as the King or Kuhina Nui might or could, by virtue of this Constitution, do or execute. And in such case, the Privy Council, immediately after the occurring8 of such vacancy, shall cause a meeting of both Houses of the Legislature, who shall elect by joint ballot a person to fill the office of Kuhina Nui.

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H AWAI ‘ I

Palena III. No ka ahakukakuka malu

Section III. Of the Privy Council

PAUKU 49. E mau no ka Ahakukakuka Malu o ke Aupuni, e imi pu me ke Alii nui ma na Oihana Hooko o ke Aupuni, a ma ka hooponopono ana i ko ke Aupuni, e like me ke Kumukanawai a me na Kanawai o ka Aina, a e kapaia oia, o ko ka Moi Ahakukakuka Malu o ke Aupuni.

A RT. 49. There shall continue to be a Council of State for advising the King in the Executive part of the Government, and in directing the affairs of the Kingdom, according to the Constitution and laws of the land, to be called the King’s Privy Council of State.

PAUKU 50. Na ka Moi e koho i na mea komo iloko o ka Ahakukakuka Malu, a e noho lakou oiai ua kupono i kona manao. Ma ka lakou oihana ke komo ana o na Kuhina, a me na Kiaaina iloko o ka Ahakukakuka Malu. Na ka Ahakukakuka Malu e kau i na Kanawai no ka lakou hana ana, me ka ae o ka Moi.

A RT. 50. The members of the Privy Council are appointed by the King, and hold their offices during His Majesty’s pleasure. The King’s Ministers and the Governors of the Islands are, ex-officio, members of His Privy Council. The Privy Council regulates its own proceedings by Bye-laws enacted by themselves and approved by the King.

Palena IV. O ka mana kau kanawai

Section IV. Of the King's Ministers

PAUKU 51. Na ke Alii no e koho a e hookohu i kona mau Kuhina, a e noho lakou ma ka lakou Oihana, oiai ka manao o ka Moi pela; e hiki nae ke hoopii Luna nui ia.

A RT. 51. The Ministers of the King are appointed and commissioned by Him, and hold their offices during His Majesty’s pleasure, subject to impeachment.

PAUKU 52. O na Kuhina o ke Alii he Ahakuhina ko lakou, a ma ia ano he poe hoakuka pu ponoi lakou no ka Moi, ma na hana hooko o ke Aupuni.

A RT. 52. The King’s Ministers constitute his Cabinet Council, and, as such, are his special advisers in the Executive affairs of the Kingdom.

PAUKU 53. E noho lakou a pau ma kahi e noho ai ke Aupuni; a e malama pakahi lakou i ka hana a kona mau lalo a me na Kakauolelo; a ina i kupono i ka hanohano o ka Moi a me ka hana a ke Aupuni, e haawi i kekahi o na Hale Ahaolelo, i na olelo hoakaka no ka lakou Oihana, a e hele no oia, a o kona lalo paha, imua o lakou, e like me ko lakou manao pakahi.

A RT. 53. Each of them shall keep an office at the seat of Government, be accountable for the conduct of his deputies and clerks; and grant information, so far as may consist with the King’s honor and the good of the public service, to either House of the Legislature, or attend upon either in person, or by deputy, as such House shall determine.

PAUKU 54. E hoike kela mea keia mea o lakou, imua o ka Ahaolelo, i kela makahiki keia makahiki, a hiki i ka la mua o Ianuari mamua iho, i ka hana a kana oihana iloko o

A RT. 54. Each of them shall make an annual report to the Legislature, made up to the first of January next preceding, of the transactions and business of his Department,

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ka makahiki i hala aku, iloko o ka hebedoma hookahi mahope iho o ka akoakoa ana o ka Ahaolelo.

within one week after the opening of the Legislature.

PAUKU 55. E noho na Kuhina o ke Alii ma ka Hale Ahaolelo Alii, a e hiki no hoi ia lakou ke olelo iloko o ka Hale o ka Poeikohoia e hoakaka i ka lakou hana ana, ke hoohihiaia lakou ma ka oihana.

A RT. 55. The King’s Ministers hold seats in the House of Nobles; and they have the right to be heard in the House of Representatives, when accused of mal-administration in office.

Palena V. No na kiaaina

Section V. Of the Governors

PAUKU 56. Na ke Alii me ka ae pu o ka Ahakukakuka Malu e koho a e hookohu i na Kiaaina, no kona mau Mokupuni; a e noho lakou ma ia oihana i eha makahiki, e hiki no nae ke hoopii Luna nuiia.

A RT. 56. 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.

PAUKU 57. E hiki no i ke Alii, me ka ae o ke Kiaaina, ke koho ma kekahi Mokupuni, a mau Mokupuni paha, i Kokua Kiaaina, oiai ua kupono i ko ka Moi makemake, e hana pu me ke Kiaaina, malalo iho nae ona.

A RT. 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.

PAUKU 58. Ina he mai, a he pono ole ke noho, e hiki i ke Kiaaina ke koho i hope nona, ke ole ke kokua Kiaaina, a maluna o ke Kiaaina ka hihia o ka ka hope hana ana i ka oihana.

A RT. 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.

PAUKU 59. Na na Kiaaina, malalo iho o ka Moi, e hooponopono i ka oihana hooko, ma ko lakou mau Mokupuni iho, mamuli o ke Kumukanawai a me na Kanawai o ka aina; a e noho no lakou maluna o na mea kaua ma ko lakou mau Mokupuni, a e hoike lakou i kela makahiki i keia makahiki i ka lakou hana ana ma ko lakou mau Mokupuni i ke Kuhina Kalaiaina.

A RT. 59. The Governors, 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.

O KA MANA KAU KANAWAI

OF THE LEGISLATIVE POWER

PAUKU 60. O ka Mana kau Kanawai o keia Aupuni, aia no i ka Moi, me ka Hale

A RT. 60. The Legislative Power of this Kingdom is vested in the King, the House of

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H AWAI ‘ I Ahaolelo Alii, me ka Hale o ka Poeikohoia o na Makaainana, a e hiki no ia lakou ke hoole kekahi i kekahi.

Nobles, and the House of Representatives; each of whom has a negative on the other.

PAUKU 61. E akoakoa ka Ahaolelo i kela makahiki, i keia makahiki, e kukakuka no na mea e pono ai ke Aupuni, i ka hebedoma mua o Aperila, a i ka manawa e ae, a ma kahi hoi a ka Moi i manao ai he pono. E kapaia keia poe, o ka Ahaolelo o ko Hawaii Pae Aina.

A RT. 61. The Legislative Body shall assemble annually, for the purpose of seeking the welfare of the nation, in the first week in April, and at such other time, and in the place that the King may judge necessary. This Body shall be styled the Legislature of the Hawaiian Islands.

PAUKU 62. Ua haawi nui ia, ma keia Kumukanawai, i ka Ahaolelo e kau, i kela manawa i keia manawa, i na Kanawai kupono a pau, me ka uku hoopai, a me ka uku hoopai ole paha, e like me ko lakou manao he mea e pono ai keia lahuikanaka,5 a e paa ai, a e maluhia ai ke Aupuni; aole nae e kue i keia Kumukanawai.

A RT. 62. Full power and authority are hereby given to 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.

PAUKU 63. Aole no e lilo kekahi bila, a kekahi olelo paha i hooholoia e ka Ahaolelo, a e na Hale elua paha, i Kanawai, aole hoi he mana o ia mea, ke ole ia e haawi e ia i ka Moi, ma o ke Kuhinanui la, i ikeia e ia; a ina e oluolu kona manao i ua bila la, e kakau oia i kona inoa i mea e maopopo ai kona ae. Aka ina ua pono ole ua bila nei i kona manao, alaila e hoihoi aku no oia i ua bila la i ka Hale nana i hana mua, me ka palapala hoakaka i ke kumu o kona hoole ana, a e kakau nui ia ia mau mea i hoohalahalaia e ka Moi, iloko o ka Buke mooolelo o ua Hale nei; alaila aole e hana hou ia ua bila la ma ia akoakoa ana.

A RT. 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 his revisal, and if he approve thereof, he shall signify his approbation by signing the same. But if he has9 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 shall have originated, who shall enter the objections at large on their journal, and no such bill shall be brought forward thereafter during the same session.

PAUKU 64. Na kela Hale, keia Hale, e hooponopono i ka noho ana o kona poe ponoi; a na ka hapa nui e hooholo i na hana a pau; aka, e hiki no i ka hapa uuku ke hoopanee i ka halawai i kela la i keia la, a e koi aku no hoi i na mea i hiki ole mai e akoakoa pu me lakou, mamuli o ka hana, a me ka hoopai, i hooholoia e ua Hale la.

A RT. 64. Each House shall be the judge of the qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

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C ONSTITUTION OF H AWAI ‘ I (1852) PAUKU 65. Na kela Hale, keia Hale, e koho i kona mau Luna, a e kau i na Kanawai e holo ai ka lakou mau hana.

A RT. 65. Each House shall choose its own officers, and determine the rules of its own proceedings.

PAUKU 66. Na kela Hale, keia Hale, e hoopai, ma ka halepaahao, no na la aole e oi aku mamua o ke kanakolu, i kela kanaka, keia kanaka, aole oia no lakou, ke hoomaewaewa oia i ua Hale nei ma ka hana hoohaunaele, a hoowahawaha paha, iloko ona; a ke hooweliweli6 paha oia i kekahi o ua Hale nei, ma ka hana ino i kona kino, a i kana waiwai paha, oiai e noho akoakoa ana ko ia Hale, no kekahi mea ana i hana’i, a olelo ai paha, iloko o ua Hale nei; a ke lele ino paha oia i kekahi o ua poe la no ua mau mea nei; a ke lele ino, a hopu paha oia i kekahi hoike, a i kekahi kanaka e ae paha, i kauohaia e ka Hale, i kona hele ana ilaila, a hoi ana paha; a ke hoopakele paha oia i kekahi kanaka i hopuia mamuli o ke kauoha a ua Hale la.

A RT. 66. Each House shall have 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 any thing said or done in the House, or who shall assault any of them therefor, or who shall assault or arrest 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.

PAUKU 67. Na kela Hale, keia Hale e hoopai i kona poe ponoi no na hana hoohaunaele.

A RT. 67. Each House may punish its own members for disorderly behavior.

PAUKU 68. E malama kela Hale keia Hale i Buke mooolelo no ka lakou mau hana, a ina e makemake ka hapa lima hookahi o ka poe e noho ana i kekahi Hale, alaila e kakauia, iloko o ua buke nei, na inoa o ka poe ae a me ka poe7 hoole o ka Hale i kela hana i keia hana.

A RT. 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.

PAUKU 69. Aole loa e hopuia kekahi o ka poe Ahaolelo, oiai e noho ana oia mamuli o ia Aha, a e hele ana ilaila, a e hoi aku ana8 paha, koe nae ke kipi, ka feloni, a me ka hoohaunaele; aole hoi lakou e hookolokoloia imua o kekahi Ahahookolokolo e, a i kau wahi e paha, no kekahi olelo, a olelo paio paha malaila.

A RT. 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.

PAUKU 70. E ukuia ka Poeikohoia e na Makaainana, no ka lakou hana, e like me ka mea i oleloia ma ke Kanawai, noloko ae o ka waihona dala Aupuni; aole nae e hoonuiia

A RT. 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

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H AWAI ‘ I keia uku i ka makahiki i hooholoia ka olelo e hoonui i ka uku; aole hoi e kaulia kekahi Kanawai e hoomahuahua ana i ka uku o ua poe la, mamua o na dala ekolu no ka la.

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.

PAUKU 71. Aole no he uku o na ’Lii iloko o ka Ahaolelo i keia wa; ina nae e manaoia he uku no lakou ma neia hope aku, na ke Kanawai e hoakaka ae.

A RT. 71. The members of the House of Nobles sit without pay; but they may receive hereafter such a compensation as the law may enact.

NO KA HALE AHAOLELO ALII

OF THE HOUSE OF NOBLES

PAUKU 72. Na ke Alii no e koho i ka poe o ka Hale Ahaolelo Alii, a e noho lakou ma ia Oihana, a pau ko lakou ola, e like nae me ka Pauku 67, aole nae e oi aku ko lakou nui mamua o ke kanakolu.

A RT. 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.

PAUKU 73. Aole e kohoia kekahi e noho ma ka Hale Ahaolelo Alii, ke hiki ole aku oia i na makahiki he iwakaluakumamakahi, a ke ole hoi oia i noho i na makahiki elima ma keia Aupuni.

A RT . 73. No person shall be eligible to a seat in the House of Nobles, who shall not have attained to the age of twenty-one years and resided in the Kingdom five years.

PAUKU 74. E noho ka Hale Ahaolelo Alii i Ahahookolokolo, no lakou wale no ka mana a pau e hoolohe a e hooponopono i na hoopii nui a pau i hoopiiia’i e ka Hale o ka Poeikohoia, i kekahi Luna nui, a mau Luna nui paha, no ka lakou oihana aka, mamua aku o ka hookolokolo i kela hoopii nui, keia hoopii nui, e hoohiki pakahi keia poe e hookolokolo pono me ka ewaewa ole i ka mea i hoopiiia’i, mamuli o ka na hoike a me ke Kanawai. Aole nae e oi aku ka lakou olelo hoahewa i ka hoopau i kona noho Luna ana, a me ka hoole loa i kona noho hou ana ma kekahi Oihana e hanohano ai a e waiwai ai paha, malalo iho o keia Aupuni; aka e hiki no i ka mea i hoahewaia pela, ke hoopii hou ia, a e hookolokolo ia, a e hoahewa hou ia, a e hoopai hou ia mahope mamuli o ke Kanawai o ka Aina.

A RT. 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 misconduct 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 judgment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit under this government; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

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NO KA HALE O KA POEIKOHOIA

OF THE HOUSE OF REPRESENTATIVES

PAUKU 75. Aole e oi aku ka nui o ka Hale o ka Poeikohoia mamua o ke kanaha, aole hoi e emi mai malalo o ka iwakaluakumamaha, a e kohoia lakou i kela makahiki i keia makahiki.

A RT. 75. The House of Representatives shall be composed of not less than twentyfour nor more than forty members, who shall be elected annually.

PAUKU 76. E mahele like ia ka Poeikohoia o na Makaainana, a e hooponopono mau loa ia mamuli o ka nui o na kanaka i hoomaopopoia ma ko ke Aupuni helu ana. I ka makahiki hookahi tausani ewalu haneri me kanalimakumamakolu, a i ka paono o na makahiki ma ia hope aku, e hooponoponoia ka nui o ka Hale o ka Poeikohoia mamuli o keia a me ka Pauku maluna iho, e ka Ahaolelo.

A RT. 76. The Representation 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 fiftythree, and every sixth year thereafter, the number of Representatives shall be fixed by the Legislature agreeably with this and the preceding article.

PAUKU 77. Aole no e kohoia kekahi no ka Hale o ka Poeikohoia, ina ua pupule, a hupo paha, a ua hihia i ke karaima nui ma ka hookolokolo ana, a ke ole ia he kanaka malalo o ka Moi, a i loaa ole paha ia ia ka palapala hookupa, a ke hiki ole aku oia i na makahiki he iwakaluakumamalima, a ke ike ole hoi i ka heluhelu a me ke kakaulima, ke maopopo ole hoi ia ia ka helu, a i ole hoi oia i noho ma keia Aupuni i hookahi makahiki mamua iho o kona kohoia ana.

A RT. 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.

PAUKU 78. O kela mea keia mea o na kanaka maoli, me na haole hoohiki, a me na haole i loaa ka palapala hookupa, ina ua hookaaia kona auhau, a ina ua hiki aku oia i na makahiki he iwakalua, a ina ua noho oia ma keia Aupuni i hookahi makahiki mamua iho o ka la koho, e hiki no ia ia ke koho me ka balota hookahi i kekahi kanaka, a mau kanaka paha o ka Hale o ka Poeikohoia no ka Apana kahi ana i noho ai no na malama ekolu mamua iho o ka la koho; aka, aole e hiki i kekahi kanaka pupule ke koho, aole hoi i kekahi kanaka i hihia i ke karaima nui ma ka hookolokolo ana, ma keia Aupuni, ke ole i kala e ia kona hewa e ka Moi, a ke ole

A RT. 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 attained 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 any time have been convicted of any infamous crime, within this Kingdom, unless he shall have been pardoned by the

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H AWAI ‘ I hoi i loaa ia ia na pono a pau o ke kanaka kupa ma ia kala ana.

King, and by the terms of such pardon been restored to all the rights of a subject, shall be allowed to vote.

PAUKU 79. Na ka Hale o ka Poeikohoia e hapai mua i na bila a pau a me na olelo e hooholoia no ka hookupu ana a me ka uku ana aku i ke dala o ke Aupuni; e hiki no nae i ka Hale Ahaolelo Alii ke hoololi hou ae, a ke ae i ka hoololi hou ana ae paha i ua mau bila nei, e like me na bila e ae.

A RT. 79. All bills or resolves for raising the revenue, or calling for any expenditure of the public money, shall originate in the House of Representatives; but the House of Nobles may propose or concur with amendments as on other bills.

PAUKU 80. E noho no ka Hale o ka Poeikohoia i aha ninaninau nui o ke Aupuni, a e hoolohe ia a hookolokolo ia no hoi e ka Hale Ahaolelo Alii na hoopii Luna nui a pau i hanaia e lakou.

A RT. 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.

O KA OIHANA HOOKOLOKOLO

OF THE JUDICIARY

PAUKU 81. E pili ka mana o ka Oihana Hookolokolo iloko o ka Ahahookolokolo Kiekie hookahi, a me na Ahahookolokolo malalo iho i hoonohonohoia9 i kela manawa i keia manawa e ka Ahaolelo.

A RT. 81. The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such inferior courts as the Legislature may from time to time establish.

PAUKU 82. Ma ka Ahahookolokolo Kiekie e hoonohoia kekahi Lunakanawai Kiekie a me na Lunakanawai Kokua elua, a e hiki i kekahi o lakou e noho a e hooponopono i kekahi halawai o ua Aha nei. E paa na Lunakanawai o ka Ahahookolokolo Kiekie i ka lakou oihana, oiai e pono ka lakou hana ana, e pili nae ia lakou ka hoopii luna nui; a e loaa ia lakou, i ka wa maopopo,10 ke kauwahi uku, no ka lakou hana; a oiai lakou i paa i keia oihana aole e hoemiia ua uku nei; aka hoi, e hiki ke kipakuia kekahi Lunakanawai o ka Ahakiekie, a o kekahi Ahakakau paha, no ka hemahema o kona kino, a o kona manao paha, ke hooholoia pela e na hapakolu elua o na Hale elua o ka Ahaolelo; e lohe mua no nae ka Lunakanawai11 i ka hoopii imua o ka

A RT. 82. The Supreme Court shall consist of a Chief Justice and two associate Justices, any of whom may hold the court. The Justices of the Supreme Court shall hold their offices during good behavior, subject to removal upon impeachment; and 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 the Legislature. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged10 for his removal, at least

58

C ONSTITUTION OF H AWAI ‘ I (1852) Ahaolelo, a e lilo ia ia ke kope o na kumu hoopii, he iwakalua la mamua o ka hana ana imua o kekahi Hale Ahaolelo.

twenty days before the day on which either branch of the Legislature shall act thereon.

PAUKU 83. E maheleia ke Aupuni, ma ke Kanawai, i na Moku e pono ai, aole nae e emi i eha, aole hoi e oi aku i ewalu, a na ka Ahaolelo ia e hooponopono i kela manawa i keia manawa, e like me ka mea kupono i ka lehulehu, a no ua mau Moku nei e hoonohoia pakahi, a oi aku paha, na Lunakanawai Kaapuni, aole nae e oi aku i ekolu, a e paa keia oihana ia lakou oiai ua pono ka lakou hana ana, a e hiki no nae ke hoopii luna nui ia.

A RT. 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. establish.

PAUKU 84. E pili ka mana o ka Oihana Hookolokolo i na hana a pau ma ke Kanawai a me ke Kaulike, malalo iho o ke Kumukanawai a o kekahi Kanawai, o keia Aupuni, a me na Kuikahi i hanaia, a e hanaia ana paha malalo iho o ko lakou mana; a i na hana a pau e pili ana i na Luna Alii kiekie, a me na Kauwa Aupuni e ae a me na Kanikele, a i na hana hoi e pili ana i ka oihana hookolokolo moku a me ka hoomalu moana.

A RT. 84. The judicial power shall extend to all cases in 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 maritime11 jurisdiction.

PAUKU 85. E maheleia ka mana o ka Oihana Hookolokolo iwaena o ka Ahahookolokolo Kiekie a me na Ahahookolokolo e ae o ke Aupuni malalo iho, e like me ke kuhikuhi ana o ka Ahaolelo, i kela manawa i keia manawa.

A RT. 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 indicate.

PAUKU 86. E noho no ka Lunakanawai Kiekie i Lunakanawai Kaulike o ke Aupuni, a e noho Peresidena oia o ka Hale Ahaolelo Alii, oiai e hookolokoloia ana kekahi hoopii Luna Nui, ke ole oia ka mea i hoopiiia; a ia ia ka mana e hana ma ke Kaulike a ma na mea e ae, e like me ka haawi ana o ke Kanawai ia ia; aka e nana hou ia na mea i hooholoia e ia e na Lunakanawai o ka Ahahookolokolo kiekie, ke hoopiiia ilaila.

A RT. 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 decisions being subject, however, to the revision of the Supreme Court, on appeal.

PAUKU 87. E paa loa maluna o na aoao a pau na olelo i hooholoia ma ka Aha-

A RT. 87. The decisions of the Supreme Court, when made by a majority of the Jus-

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H AWAI ‘ I hookolokolo Kiekie, e ka nui o na Lunakanawai o ia Aha, aole hoopii hou aku.

tices thereof, shall be final and conclusive upon all parties.

PAUKU 88. E hiki no i ka Moi, i kona mau Kuhina, i na Kiaaina, a me na Hale o ka Ahaolelo pakahi, ke kauoha i na Lunakanawai o ka Ahahookolokolo Kiekie e hoike i ko lakou manao no na hana nui ma ke Kanawai a me na wa pilikia a hanohano nui.

A RT. 88. The King, His Ministers, the Governors, and each branch of the Legislature shall have authority to require the opinions of the Justices of the Supreme Court, upon important questions of law, and upon solemn occasions.

PAUKU 89. Na ka Moi me ka ae pu o kona Ahakukakuka Malu e hookohu i na Lunakanawai o ka Ahahookolokolo Kiekie, a me na Lunakanawai o na Aha kakau; a e hooponopono ia ma ke Kanawai ko lakou uku.

A RT. 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; their salaries are fixed by law.

PAUKU 90. Na na Kiaaina e hoonoho i na Lunakanawai Apana o ko lakou mau Mokupuni, e ae pu ana na Lunakanawai o ka Ahahookolokolo Kiekie.

A RT. 90. The Governors, by and with the advice of the Justices of the Supreme Court, shall appoint the District Justices of their respective islands.

PAUKU 91. I ole e kaumaha na kanaka no ka noho liuliu me ka makaukau ole, a ewaewa paha, ma kana mau hana nui, o kekahi Lunakanawai Apana, e pau no a e lilo i mea ole no hoi na Palapala hookohu a pau a na Lunakanawai Apana, i ka pau ana o na makahiki elua mai ka la i kakauia’i ua mau palapala la. A i ka pau ana o ka palapala hookohu a kekahi, e hookohu hou ia no ia, a i ole ia, e hookohu ia kekahi mea hou, e pani i ua hakahaka la, e like me ka mea kupono i ka noho oluolu o ke Aupuni. E hiki no nae i ka Ahahookolokolo Kaapuni o ko lakou mau Moku, no na kumu i hoomaopopo12 lea ia e na Lunakanawai o ua Aha la i ka lakou olelo i hooholoia, e hoopau i ka noho Lunakanawai Apana ana o kekahi o ua poe la; aka, aole e hoopauia kekahi o ua mau Lunakanawai nei, a maopopo ia ia na kumu o kona hoopiiia ana, a hoolohe pono ia no hoi kana olelo nona iho.

A RT. 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 commission the same shall be renewed, or another person appointed, as shall most conduce to the well-being of the Kingdom. Provided 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.

PAUKU 92. Aole no e noho a hookolokolo kekahi Lunakanawai, oia hookahi wale

A RT. 92. No Judge or Magistrate can sit alone on an appeal or new trial, in any case

60

¯ INA (MH 1852) ¯ AWAI ¯ K E K UMUK AN O KO H AWAI ‘ I PAE ‘ A

no, i kekahi mea hoopii imua ona, a i kekahi mea hou paha, ana i hookolokolo ai, a i hooholo ai mamua.

on which he may have given a previous judgment.

PAUKU 93. Na ka Lunakanawai Kiekie e hoike imua o ka Ahaolelo, ma o ke Kuhina Nui la, i kela makahiki i keia makahiki i ka hana iloko o ka Oihana Hookolokolo, ma kona mau aoao a pau.

A RT. 93. It shall be the duty of the Chief Justice to make an annual report, through the Minister of the Interior,12 to the Legislature, of the state of the Judiciary of the Kingdom in all its branches.

NO NA OLELO HOOHIKI

OF OATHS

PAUKU 94. Aia a aponoia keia Kumukanawai e ka Moi, e hoohiki oia penei: Ke hoohiki nei au, imua o ke Akua mana loa, e malama loa au i ke Kumukanawai o keia Aupuni, a e hooponopono no au i ke Aupuni mamuli o ke Kumukanawai a me na Kanawai.

A RT. 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.

PAUKU 95. E hoohiki ke Kuhina Nui e like no me ka Moi; a ina e loaa ia ia ka mana hooko nui, oiai e noho keiki ana kekahi hooilina o ka noho Alii, alaila e hoohiki oia penei: Ke hoohiki nei au, imua o ke Akua mana loa, e malama loa au i na pono a pau o ka hooilina nona ke Aupuni, a me ke Kumukanawai, a e hoomalu i ke Aupuni mamuli o ke Kumukanawai, a me na Kanawai.

A RT. 95. The Kuhina Nui shall take the same oath; and when exercising the Executive Power, during a minority, he shall take the following oath: I solemnly swear, in the presence of Almighty God, to preserve the rights of the Heir to the Crown, and the Constitution whole and inviolate, and to govern in conformity with that and the law.

PAUKU 96. E hoohiki pakahi na ’Lii o ka Ahaolelo penei; Ke hoohiki nei au, imua o ke Akua mana loa, e kokua au mamuli o ke Kumukanawai a me na Kanawai o ko Hawaii Pae Aina, a e hana pololei me ka ewaewa ole i ka’u hana iloko o keia Hale.

A RT. 96. Every member of the House of Nobles shall take the following oath: I most solemnly swear, in the presence of Almighty God, that I will loyally support the Constitution and Laws of the Hawaiian Islands, and conscientiously and impartially discharge my duty as a member of this House.

PAUKU 97. E hoohiki pakahi ka Poeikohoia penei; Ke hoohiki nei au, imua o ke Akua mana loa, e kokua au mamuli o ke Kumukanawai a me na Kanawai o ko Hawaii Pae Aina, a e hana pololei me ka ewaewa ole i ka hana kupono i ka mea i kohoia e na Makaainana.

A RT. 97. Every member of the House of Representatives shall 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

61

H AWAI ‘ I discharge my duties, as a Representative of the people.

KA OLELO PILI IO IA NEI

GENERAL PROVISIONS

PAUKU 98. Ina ua hoahewaia kekahi mamuli o ke Kanawai no ka aihue, uku kipe, hoohiki wahahee, apuka, huna waiwai i haawiia ia ia e malama, a me na hewa nui e ae, aole13 loa ia e noho ma ka Ahaolelo, aole hoi ma kekahi oihana e hanohano ai, a e waiwai ai paha, malalo iho o ke Aupuni o ko Hawaii Pae Aina.

A RT. 98. No person shall ever 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.

PAUKU 99. Aole loa e noho kekahi Luna o keia Aupuni ma kekahi oihana o ke Aupuni e, aole hoi e lawe i wahi dala, a i wahi uku makahiki paha, a kekahi Aupuni e e uku mai.

A RT. 99. No officer of this Government shall hold any office, or receive any pension or salary, from any other government or power whatever.

PAUKU 100. Na ka Ahaolelo e hooholo i ka Bila Haawina no ka makahiki, mahope nae o ka noonoo pono ana i ka palapala a ke Kuhina Waiwai e hoike aku ai imua o lakou; e hoakaka ana i ka loaa mai a me ka lilo aku o ka makahiki i hala, a me ia makahiki pu no; a e hoolaha pu ia ia mau palapala me ka Bila Haawina i kela makahiki i keia makahiki.

A RT. 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.

PAUKU 101. Penei e hooholoia’i na Bila a me na Kanawai a pau, "E hooholoia e ke Alii me na ’Lii a me ka Poeikohoia o ko Hawaii Pae Aina, i akoakoa iloko o ka Ahaolelo kau Kanawai."

A RT. 101. The enacting style in making and passing all Acts and Laws, shall be: “Be it enacted by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled.”

PAUKU 102. I mea e hihia ole ai, no ka hui o na mea ano okoa iloko o ke Kanawai hookahi, e hookaawaleia ke kumu hookahi ma ke Kanawai hookahi, a e hoakakaia ke kumu ma ka olelo mua.

A RT. 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 that shall be expressed in the title.

PAUKU 103. E mau no na Kanawai e kau nei, me ka mana mau, a hiki i ko lakou hoololi hou ia ana, a hoopau ia ana paha e ka Ahaolelo Aupuni, koe nae na Kanawai kue i keia Kumukanawai. E ole loa na Kanawai

A RT. 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

62

C ONSTITUTION OF H AWAI ‘ I (1852) kue i keia Kumukanawai, o na Kanawai e kau nei a o na mea e hooholoia mahope paha.

enacted, or that may hereafter be enacted, contrary to this Constitution, shall be null and void.

PAUKU 104. E paa keia Kumukanawai ma ka Monede mua o Dekemaba i ka makahiki hookahi tausani ewalu haneri me kanalimakumamalua; aka, i ole e hemahema na hana hooponopono, a pilikia paha ke Aupuni, no ka hoololi ana, nolaila, o na Luna o keia Aupuni, i ka wa e paa pono ai keia Kumukanawai, e malama pono lakou, a e hana hoi me na mana a pau i haawi ia ia lakou, a kohoia kekahi poe e aku paha e pani i ko lakou hakahaka; a e hana mau aku no na Ahahookolokolo i ka hana e pili pakahi ana i ka lakou oihana, a e paa aku no na Luna Hooko, a me na Luna Ahaolelo, a me na Aha a me na mea mana a pau i ka lakou mau haawina a me na pono a me na mana a pau, a hiki i ke koho hou ana malalo iho o keia Kumukanawai.

A RT. 104. This Constitution shall be in force from the first Monday of December 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 law shall proceed in the execution of the business of their respective departments; and all executive 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.

NO KA HOOLOLI HOU ANA I KEIA KUMUKANAWAI

MODE OF AMENDING THE CONSTITUTION

PAUKU 105. E hiki no ke hoakaka aku i kekahi mea hoololi hou a i mau mea hoololi hou paha, i keia Kumukanawai iloko o kekahi o na Hale elua o ka Ahaolelo Aupuni; a ina e ae ia ua mea, a mau mea hou nei paha, e ka hapa nui iloko o na Hale elua, alaila e kakauia ua mea la iloko o ko lakou mau buke mooolelo, me na inoa o ka poe ae a me ka poe hoole, a e hoopaneeia ia mea, no ka akoakoa hou ana ae o ka Ahaolelo; a e hookaulanaia ua mea hou nei i ekolu malama mamua ae o ka la e koho ai ka Poeikohoia e na Makaainana; a ina ma ia Ahaolelo hou ana e aeia ua mea hoololi hou, a mau mea hoololi hou nei paha, e na hapakolu elua o na Hale elua o ka Ahaolelo, a e hooia ia e ka Moi, alaila e lilo kela mea hoololi hou, a mau mea hoololi hou paha, iloko o ke Kumukanawai o keia Aupuni.

A RT. 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 amendment or amendments, shall be agreed to by twothirds 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.

63

H AWAI ‘ I KAMEHAMEHA.

KAMEHAMEHA.

Keoni Ana.

Keoni Ana.

1

Verified by He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Hawaiian Government,] 1852, 3–19. No surviving manuscript. Archaic punctuation is modernized. The 1852 constitution resulted from an extensive amendment process involving the people, nobles, and monarch; it was approved by the legislature on June 14, 1852, and was effective beginning December 6, 1852. It superseded the constitution of 1840 (Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Hawaiian Government,] 1841, 1–14, q.v.), and was in turn superseded by the extralegal constitution of 1864 (Na Kanawai o ka Moi Kamehameha V., ke Alii o ko Hawaii Pae Aina, i kauia e ka Hale Ahaolelo, iloko o ka Ahaolelo o na Makahiki 1864– 65, Honolulu, paiia mamuli o ke Kauoha a ke Aupuni [Hawai‘i: Hawaiian Government,] 1865, 83–96). An official English translation appeared in Constitution and Laws of His Majesty Kamehameha III., King of the Hawaiian Islands, Passed by the Nobles and Representatives at their Session, 1852, Honolulu, printed by Order of the Legislature, [Hawai‘i: Hawaiian Government,] 1852, 3–17, (q.v.). H¯o‘oia ‘ia ma loko mai o He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–19. ‘A‘ohe palapala k¯akau lima i koe. Ua h¯o‘ano hou ‘ia ke kaha kiko kahiko. He hopena ke kumuk¯an¯awai o ka MH 1852 o ke ka‘ina hana mea ho‘ololi i komo ai n¯a maka‘¯ainana, n¯a ali‘i, a me ka m¯o‘¯ı; ua ‘¯apono ‘ia e ka ‘aha‘¯olelo i ka l¯a 14 o Iune, 1852, a ua ho‘omaka ke k¯o i ka l¯a 6 o Dekemapa, 1852. Ua pani ia i kahi o ke kumuk¯an¯awai o ka MH 1840, (Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai’i: Ke Aupuni Hawai‘i,] 1841, 1–14, q.v.), a ua pani ‘ia ho‘i me ke kumuk¯an¯awai k¯u waho o ke k¯an¯awai o ka MH 1864 (Na Kanawai o ka Moi Kamehameha V., ke Alii o ko Hawaii Pae Aina, i kauia e ka Hale Ahaolelo, iloko o ka Ahaolelo o na Makahiki 1864–65, Honolulu, paiia mamuli o ke Kauoha a ke Aupuni [Hawai’i: Ke Aupuni Hawai‘i,] 1865, 83–96). Ua pa‘i ‘ia ka unuhina Pelek¯ania k¯uhelu ma Constitution and Laws of His Majesty Kamehameha III., King of the Hawaiian Islands, Passed by the Nobles and Representatives at their Session, 1852, Honolulu, printed by Order of the Legislature, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–17, (q.v.).

64

1

Verified by Constitution and Laws of His Majesty Kamehameha III., King of the Hawaiian Islands, Passed by the Nobles and Representatives at their Session, 1852, Honolulu, printed by Order of the Legislature, [Hawai‘i: Hawaiian Government,] 1852, 3– 17. No surviving manuscript. Archaic punctuation is modernized. This official English translation is not literal, true, nor complete in parts. The 1852 constitution resulted from an extensive amendment process involving the people, nobles, and monarch; it was approved by the legislature on June 14, 1852, and was effective beginning December 6, 1852. It superseded the constitution of 1840 (Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai‘i: Hawaiian Government,] 1841, 1–14, q.v.), and was in turn superseded by the extralegal constitution of 1864 (Na Kanawai o ka Moi Kamehameha V., ke Alii o ko Hawaii Pae Aina, i kauia e ka Hale Ahaolelo, iloko o ka Ahaolelo o na Makahiki 1864–65, Honolulu, paiia mamuli o ke Kauoha a ke Aupuni, 1865, 83–96). H¯o‘oia ‘ia ma loko mai o Constitution and Laws of His Majesty Kamehameha III., King of the Hawaiian Islands, Passed by the Nobles and Representatives at their Session, 1852, Honolulu, printed by Order of the Legislature, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–17. ‘A‘ohe palapala k¯akau lima i koe. Ua h¯o‘ano hou ‘ia ke kaha kiko kahiko. ‘A‘ole piha pono, ‘oia‘i‘o, a k¯u like ka mana‘o o k¯eia unuhina ‘¯olelo Pelek¯ania k¯uhelu me ka Hawai‘i ma kauwahi. He hopena ke kumuk¯an¯awai o ka MH 1852 o ke ka‘ina hana mea ho‘ololi i komo ai n¯a maka‘¯ainana, n¯a ali‘i, a me ka m¯o‘¯ı; ua ‘¯apono ‘ia e ka ‘aha‘¯olelo i ka l¯a 14 o Iune, 1852, a ua ho‘omaka ke k¯o i ka l¯a 6 o Dekemapa, 1852. Ua pani ia i kahi o ke kumuk¯an¯awai o ka MH 1840, (Ke Kumu Kanawai, a me na Kanawai o ko Hawaii Pae Aina, Honolulu, Oahu, [Hawai’i: Ke Aupuni Hawai‘i,] 1841, 1–14, q.v.), a ua pani ‘ia ho‘i me ke kumuk¯an¯awai k¯u waho o ke k¯an¯awai o ka MH 1864 (Na Kanawai o ka Moi Kamehameha V., ke Alii o ko Hawaii Pae Aina, i kauia e ka Hale Ahaolelo, iloko o ka Ahaolelo o na Makahiki 1864–65, Honolulu, paiia mamuli o ke Kauoha a ke Aupuni [Hawai’i: Ke Aupuni Hawai‘i,] 1865, 83–96). 2 “Men” is used to translate “kanaka” which refers to people and is gender neutral in Hawaiian. Similar translations occur in Articles 14 and 78. Pronouns appear throughout the constitution as male in the English, whereas the Hawaiian is gender neutral. ‘O “men” ka unuhina no “kanaka” he hua‘¯olelo pili ‘ole i ke keka. P¯el¯a n¯o ka unuhi ‘ana ma ka Pauk¯u 14 a me ka 78. Ua komo ka papani k¯ane ma ke kumuk¯an¯awai holo‘oko‘a; ma ka Hawai‘i na‘e, he papani pili ‘ole i ke keka. 3 The Hawaiian contains the following additional lan-

¯ INA (MH 1852) ¯ AWAI ¯ K E K UMUK AN O KO H AWAI ‘ I PAE ‘ A

2

In He Kumukanawai print, 5, “A me na Lii”. “A me na Lii” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 5. 3 In He Kumukanawai print, 5, “Ia’i”. “Ia’i” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 5. 4 In He Kumukanawai print, 6, “II”. “II” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 6. 5 In He Kumukanawai print, 11, “Lakuikanaka”. “Lakuikanaka” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 11. 6 In He Kumukanawai print, 12, “Howeliweli”. “Howeliweli” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 12. 7 In He Kumukanawai print, 12, “A me poe”. “A me poe” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 12. 8 In He Kumukanawai print, 13, “Ana aku”. “Ana aku” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 13. 9 In He Kumukanawai print, 15, “Hoonohnohooia”. “Hoonohnohooia” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 15. 10 In He Kumukanawai print, 15, “Maopo”. “Maopo” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 15. 11 In He Kumukanawai print, 15, “Lunakawai”. “Lunakawai” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 15. 12 In He Kumukanawai print, 17, “Hoomaopo”. “Hoomaopo” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 17. 13 In He Kumukanawai print, 18, “Ao!e”. “Ao!e” ma He Kumukanawai, palapala pa‘i ‘ia, ‘ao‘ao 18.

guage in Article 11: “and if either guilt or innocence was arrived at in violation of this clause, then approval for retrial must be given.” Ma ka Hawai‘i, ua komo p¯u k¯eia ‘¯olelo ma ka Pauk¯u 11: a ina i hoahewaia, a hookuuia paha kekahi, me ke kue i keia olelo, alaila, pono no ke aeia e hookolokolo hou ia ia. 4 The English “not only of” has no equivalent in the Hawaiian. ‘O k¯eia ‘¯olelo “not only of”, ‘a‘ole i loa‘a kona mana‘o like ma ka Hawai‘i. 5 In Constitution print, 5, “Therefor”. “Therefor” ma Constitution, ka palapala i pa‘i ‘ia, ‘ao‘ao 5. 6 The Hawaiian version of Article 19 is more precise, meaning “The people shall vote by ballot on all matters set out by law.” Voters (limited to adult males) responded affirmatively, with turnout close to 100% for the elections held under this constitution. ‘Oi aku ke ak¯aka o ka Hawai‘i, pauk¯u 19, penei, “E koho no na kanaka a pau ma na mea a ke Kanawai i haawi ai, ma ka balota.” Ua ‘ane‘ane e piha he 100% o ka po‘e mana koho p¯aloka (he po‘e k¯ane wale n¯o) i koho p¯aloka ma lalo o k¯eia kumuk¯an¯awai. 7 In Constitution print, 6, “Infamons”. “Infamons” ma Constitution, ka palapala pa‘i ‘ia, ‘ao‘ao 6. 8 In Constitution print, 9, “Occuring”. “Occuring” ma Constitution, ka palapala pa‘i ‘ia, ‘ao‘ao 9. 9 In Constitution print, 11, “Have”. “Have” ma Constitution, ka palapala pa‘i ‘ia, ‘ao‘ao 11. 10 In Constitution print, 14, “Alledged”. “Alledged” ma Constitution, ka palapala pa‘i ‘ia, ‘ao‘ao 14. 11 In Constitution print, 14, “Maratime”. “Maratime” ma Constitution, ka palapala pa‘i ‘ia, ‘ao‘ao 14. 12 The Hawaiian and English versions disagree on Article 93. While the English states that the annual report should go through the Minister of the Interior, the Hawaiian states that it should go through the Kuhina Nui. ‘Oko‘a ka ‘¯olelo Hawai‘i ma ka Pauk¯u 93. Wahi a ka Hawai‘i, e h¯o‘ike ka Luna K¯an¯awai Ki‘eki‘e i k¯eia mo‘olelo i ka ‘Aha‘¯olelo “ma o ke Kuhina Nui”, ‘a‘ole ma o ka “Minister of the Interior”.

65

¯ N¯a P¯aku‘i ‘Olelo o ka MH 1856

Amendments of 1856

NA PAUKU. HOOLOLI I KE KUMUKANAWAI O KEIA PAE AINA, I HOOMAKAIA A I HOOHOLOIA E LIKE ME KA PAUKU 105, O KE KUMUKANAWAI E NOHO NEI1

ARTICLES OF AMENDMENT OF THE CONSTITUTION OF THE KINGDOM PROPOSED AND AGREED TO, PURSUANT TO THE 105TH ARTICLE OF THE ORIGINAL1

PAUKU 1. Ua hoololiia a ke hoololiia nei ka pauku 27, ma ka olelo Hawaii wale no, me ke kapae ana i ka huaolelo “Alihikaua,” a me ka hookomo ana malaila i na huaolelo “Ka Luna Nui,” i heluheluia ua pauku la penei: “O ke Alii ka Luna Nui maluna o na koa a me na manuwa, a me na mea kaua e ae ma ka moana a ma ka aina; a nana ka mana ma ona iho a ma o kekahi Luna Koa, a mau Luna paha2 ana e koho ai, e ao a e hooponopono i ua mau mea kaua nei, mamuli o kona manao e pono, a e malu ai ke Aupuni. Aka, aole e pono ia ia ka hapai i ke kaua, me ka ae ole o kona Ahakukakukamalu.”

A RT. 1. Article 27 is hereby amended in the native version only, by striking out the words “Alihikaua,” and by inserting the words “ka Luna Nui,” so that the article as amended will read as follows:2 “O ke Alii ka luna nui, maluna o na koa a me na manuwa a me na mea kaua e ae ma ka moana a ma ka aina; a nona ka mana ma ona iho, a ma o kekahi Luna Koa, a mau luna paha ana e koho ai, e ao a e hooponopono i ua mau mea kaua nei mamuli o kona manao e pono a e malu ai ke Aupuni. Aka, aole e pono ia ia ka hapai i ke kaua me ka ae ole o kona Ahakukakukamalu.”

PAUKU 2. Ua hoololiia, a ke hoololiia nei ka pauku 29, me ke kapae ana i na huaolelo “o ka halawai o kela makahiki ae,” a me ka hookomo ana malaila, i na huaolelo, “o na makahiki elua,” a penei e heluheluia’i ua pauku la: “Na ke Alii e kukakuka pu ana me kona Ahakukakukamalu e hoakoakoa i na Hale elua o ka Ahaolelo ma kahi e noho ai na ’Lii,

A RT. 2. Article 29th is hereby amended by striking out the words “session of next year,” and inserting in the same article, “term of two years,” so that the article as amended will read as follows: “The King, by and with the advice of His Privy Council, convenes both Houses of the Legislature at the seat of government, or any different place, if that should become

66

¯ N A¯ P AKU ‘ I ‘ O¯ LELO O KA MH 1856

a ma kahi e paha ke pilikia ia wahi no kekahi enemi, a no kekahi mai ino paha; a ina i kue na Hale elua kekahi i kekahi, a i ke Alii paha, nana no e hoopanee, a hoopau a hookuu aku paha i ka Ahaolelo, aole nae mawaho o na makahiki elua, ina hoi he pilikia e hiki no ia ia ke hoakoakoa i ka Ahaolelo a i kekahi o na Hale elua paha no ia wa pilikia.”

dangerous from an enemy or any dangerous disorder; and in case of disagreement between the two Houses, or between His Majesty and them, He adjourns, prorogues or dissolves them, but not beyond the term of two years; under any great emergency, he may convene both or either of them to extraordinary sessions.”

PAUKU 3 Ua hoololiia a ke hoololiia nei ka pauku 32, me ke kapae ana i na huaolelo “e koho,” a me na huaolelo “ia lakou,” a penei ka heluhelu ana o ua pauku la: “Nana no e kukakuka pu ana me kona Aha Kuhina, a me kona Ahakukakukamalu, e hoopau i kekahi o na poo, a i kekahi mau poo paha o na oihana hooko e like me kona manao; pono no hoi ia ia ke kauoha aku i na luna a pau ma na oihana hooko, e hoike imua ona ma ka palapala i na mea i pili i ka lakou oihana.”

A RT. 3. Article 32nd is hereby amended by striking out the words “appoint and,” so that the article as amended will read as follows: “He has the power by and with the advice of His Cabinet, and the approval of His Privy Council, to remove at His pleasure any of the several heads of the Executive Departments, and he may require information in writing from any of the officers in the Executive Departments, upon any subject relating to the duties of their respective offices.”

PAUKU 4. Ua hoololiia a ke hoololiia nei ka pauku 43 me ke kapae ana i na huaolelo “o kona inoa oihana o ka Mea Kiekie,” a me ka hookomo ana malaila i na huaolelo “o kona inoa, oia ka inoa hanauna, a o kekahi inoa e ae paha a ka Moi e haawi ia ia,”3 a penei e heluheluia’i ua pauku la: “Na ka Moi no e koho kekahi alii hanohano a me ka makaukau, e noho i Kuhina Nui, a e kapaia oia o ke Kuhina Nui4 o ko Hawaii Pae Aina, a o kona inoa, oia ka inoa hanauna a o kekahi inoa e ae paha a ka Moi e haawi ai ia ia.”

A RT. 4. Article 43rd3 is hereby amended by striking out the words “whose title shall be Highness,” and inserting the words “shall be addressed by the birth title, or such title as may have been conferred by His Majesty,” so that the article as amended will read as follows: “The King appoints some chief of rank and ability to be His Kuhina Nui, who shall be styled the Kuhina Nui of the Hawaiian Islands, and shall be addressed by the birth title, or such title as may have been conferred by His Majesty.”

PAUKU 5. Ua hoololiia a ke hoololiia nei ka pauku 54, me ke kapae ana i na huaolelo “i kela makahiki keia makahiki,” a me na huaolelo “o Ianuari mamua iho,” a me ka hookomo ana malaila i na huaolelo “o ka makahiki helu dala,” a penei e heluheluia’i ua palapala la: “E hoike kela mea keia mea o lakou imua o ka Ahaolelo, a hiki i ka la mua o ka makahiki helu dala i ka hana a kana oi-

A RT. 5. Article 54th is hereby amended by striking out the words “an annual,” and also the words “of January next preceding,” and inserting the words “day of the fiscal year,” so that the article as amended will read as follows: “Each of them shall make a report to the Legislature, made up to the first day of the fiscal year, of the transactions and business of his department, within one week after the

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H AWAI ‘ I hana iloko o ka makahiki i hala aku, iloko o ka hebedoma hookahi mahope iho o ka akoakoa ana o ka Ahaolelo.”

opening of the Legislature.”

PAUKU 6. Ua hoololiia a ke hoololiia nei ka pauku 61, me ke kapae ana i ka huaolelo “i kela makahiki keia makahiki,” a me ka hookomo ana malaila i na huaolelo “i kela makahiki elua, keia makahiki elua,” a me ke kapae ana i na huaolelo “i kela hebedoma mua o Aperila,” a me na huaolelo “e ae,” a penei ka heluheluia’i ua pauku la: “E akoakoa ka Ahaolelo i kela makahiki elua, keia makahiki elua, e kukakuka no na mea e pono ai ke aupuni, i ka manawa, a ma kahi hoi a ka Moi i manao he pono. E kapaia keia poe, o ka Ahaolelo o ko Hawaii pae aina.”

A RT. 6.4 Article 61st is hereby amended by striking out the word “annually,” and inserting the word “biennially,” and by striking out the words “in the first week in April, and,” and also the word “other,” so that the article as amended will read as follows: “The Legislative Body shall assemble biennially, for the purpose of seeking the welfare of the nation, at such time, and in the place that the King may judge necessary. This body shall be styled the Legislature of the Hawaiian Islands.”

PAUKU 7. Ua hoololiia a ke hoololiia nei ka pauku 100, penei ka heluhelu ana: “Na ka Ahaolelo e hooholo i ka Bila Haawina no na makahiki elua, mahope nae o ka noonoo pono ana i ka palapala a ke Kuhina Waiwai e hoike aku ai imua o lakou, e hoakaka ana i ka loaa mai a me ka lilo aku no na makahiki elua i hala, a me na makahiki elua e hiki mai ana.”

A RT. 7.5 Article 100 is hereby amended so as to read as follows: “The Legislature votes the appropriations biennially after due consideration of the revenue and expenditure for the two preceding years, and of the estimates of the revenue and expenditure of the two succeeding years, which shall be submitted to them by the Minister of Finance.”

PAUKU 8. Ua hoololiia a ke hoololiia nei ka pauku 72, me ka hookomo ana i na huaolelo “ke haalele ole iho nae lakou,” mahope iho o na huaolelo, “a pau ko lakou ola” a penei e heluheluia’i ua pauku la: “Na ke Alii no e koho i ka poe o ka Hale Ahaolelo Alii, a e noho lakou ma ia oihana a pau ko lakou ola, ke haalele ole iho nae lakou, e like me ka pauku 67, aole nae e oi aku ko lakou nui mamua o ke kanakolu.” Aponoia i keia la 15 o Sepetemaba, M. H. 1856.

Art. 8. Article 72 is hereby amended by inserting after the words “during life,” the following, “unless in case of resignation,” so that the article as amended will read as follows: “The King appoints the members of the House of Nobles, who hold their seats during life, unless in case of resignation, subject to the provisions of Article 67, but their number shall not exceed thirty.” Approved this 15th day of September, A.D. 1856.

KAMEHAMEHA.

KAMEHAMEHA.

Kaahumanu.

Kaahumanu.

1

Verified by Kanawai o ka Moi Kamehameha IV., Ke Alii o ko Hawaii Pae Aina, I Kau Ia e na Alii

68

1

Verified by Laws of His Majesty Kamehameha IV, King Of The Hawaiian Islands, Passed By The Nobles

A MENDMENTS OF 1856 Ahaolelo a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1856, Honolulu, paiia mamuli o ke Kauoha a ke Aupuni, [Hawai‘i: Hawaiian Government,] 1856, 33–35. Also published as Laws of His Majesty Kamehameha IV, King Of The Hawaiian Islands, Passed By The Nobles And Representatives, At Their Session, 1856, Honolulu, printed by Order of the Government, [Hawai‘i: Hawaiian Government,] 1856, 57–59, (q.v.). Amendments are to the 1852 constitution (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Hawaiian Government,] 1852, 3–19, q.v.). No surviving manuscript. Archaic punctuation is modernized. Numerous inconsistencies exist between the 1852 constitution and quoted sections of it presented here. These amendments were introduced to the 1855 session of the legislature, approved and held over to the next session. In the 1856 session they were approved the required second time, and were effective beginning September 15, 1856. H¯o‘oia ‘ia ma loko mai o Kanawai o ka Moi Kamehameha IV., Ke Alii o ko Hawaii Pae Aina, I Kau Ia e na Alii Ahaolelo a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1856, Honolulu, paiia mamuli o ke Kauoha a ke Aupuni, [Hawai‘i: Ke Aupuni Hawai‘i,] 1856, 33–35. Ua pa‘i p¯u ‘ia i loko o Laws of His Majesty Kamehameha IV, King Of The Hawaiian Islands, Passed By The Nobles And Representatives, At Their Session, 1856, Honolulu, printed by Order of the Government, [Hawai‘i: Ke Aupuni Hawai‘i,] 1856, 57–59, q.v. He mau mea ho‘ololi i ke kumuk¯an¯awai o ka MH 1852 (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–19, q.v.). ‘A‘ohe palapala k¯akau lima i koe. Ua h¯o‘ano hou ‘ia ke kaha kiko kahiko. Ua nui ke k¯u like ‘ole o ke kumuk¯an¯awai o ka MH 1852 me n¯a m¯ahele puana‘¯ıo laila i ho‘okomo ‘ia ma ‘ane‘i. Ua h¯apai ‘ia k¯eia mau mea ho‘ololi i ke kau ‘aha‘¯olelo o ka MH 1855, ua ‘¯apono ‘ia, a ua ho‘opane‘e ‘ia a i ke kau ‘aha‘¯olelo hou. I ke kau 1856, e like me ke koina, ua ‘¯apono hou ‘ia, a ua ho‘omaka ke k¯o i ka l¯a 15 o Kepakemapa, 1856. 2 In Kanawai print, 33, “Pahu”. “Pahu” ma Kanawai, ka palapala pa‘i ‘ia. 3 In Kanawai print, 4, no closing quotation mark. ‘A ‘ohe kaha pani puana‘¯ıma Kanawai, ka palapala pa‘i ‘ia. 4 In Kanawai print, 4, “Kuhina”. “Kuhina” ma Kanawai, ka palapala pa‘i ‘ia.

And Representatives, At Their Session, 1856, Honolulu, printed by Order of the Government, [Hawai‘i: Hawaiian Government,] 1856, 57–59. Amendments are to the 1852 constitution (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Hawaiian Government,] 1852, 3–19, q.v.). No surviving manuscript. Archaic punctuation is modernized. Numerous inconsistencies exist between the 1852 constitution and quoted sections of it presented here. The official English translation of the 1852 constitution is not literal, true, nor complete in parts. These amendments were introduced to the 1855 session of the legislature, approved, and held over to the next session. In the 1856 session they were approved the required second time and were effective beginning September 15, 1856. H¯o‘oia ‘ia ma loko mai o Laws of His Majesty Kamehameha IV, King of the Hawaiian Islands, Passed By the Nobles and Representatives, At Their Session 1856, Honolulu, printed by Order of the Government, [Hawai‘i: Ke Aupuni Hawai‘i,] 1856, 57–59. He mau mea ho‘ololi i ke kumuk¯an¯awai o ka MH 1852 (He Kumukanawai a me na Kanawai o ka Moi Kamehameha III., Ke Alii o ko Hawaii Pae Aina, I Kauia e na Alii Ahaolelo, a me ka Poeikohoia, Iloko o ka Ahaolelo o ka Makahiki 1852, Honolulu, paiia mamuli o ke Kauoha o ka Poeikohoia, [Hawai‘i: Ke Aupuni Hawai‘i,] 1852, 3–19, q.v.). ‘A‘ohe palapala k¯akau lima i koe. Ua h¯o‘ano hou ‘ia ke kaha kiko kahiko. Ua nui ke k¯u like ‘ole o ke kumuk¯an¯awai o ka MH 1852 me n¯a m¯ahele puana‘¯ıo laila i ho‘okomo ‘ia ma ‘ane‘i. ‘A‘ole piha pono, ‘oia‘i‘o, a k¯u like ka mana‘o o k¯eia unuhina ‘¯olelo Pelek¯ania k¯uhelu me ka Hawai‘i ma kauwahi. Ua h¯apai ‘ia k¯eia mau mea ho‘ololi i ke kau ‘aha‘¯olelo o ka MH 1855, ua ‘¯apono ‘ia, a ua ho‘opane‘e ‘ia a i ke kau ‘aha‘¯olelo hou. I ke kau 1856, e like me ke koina, ua ‘¯apono hou ‘ia, a ua ho‘omaka ke k¯o i ka l¯a 15 o Kepakemapa, 1856. 2 This amendment to Article 27 affected only the official Hawaiian (“native”) version in which “alihikaua” was changed to “ka luna nui”. No similar change was made to the official English version in which “Commander in Chief” was retained. Pili k¯eia mea ho‘ololi i ka pauk¯u 27 i ka mana Hawai‘i k¯uhelu wale n¯o, kahi i ho‘ololi ‘ia ai ‘o “alihikaua” ‘o ia ‘o “ka luna nui.” ‘A‘ole i ho‘ololi ‘ia ka unuhina ‘¯olelo Pelek¯ania, ak¯a, ua m¯alama ‘ia ‘o “Commander in Chief”. 3 In Laws print, 58, “43d”. “43d” ma Laws, ka palapala pa‘i ‘ia, ‘ao‘ao 58. 4 In Laws print, 58, “7”. “7” ma Laws, ka palapala pa‘i ‘ia, ‘ao‘ao 58. 5 In Laws print, 58, “6”. “6” ma Laws, ka palapala i pa‘i ‘ia, ‘ao‘ao 58.

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2 Constitutional Documents of Liberia 1820–1861 Edited by D. Elwood Dunn with the assistance of Miriam Leitner

Contents Introduction . . . . . . . . . . . . . . . . . . . . . Constitution of Liberia (1820) . . . . . . . . . . . Amendment of 1820 . . . . . . . . . . . . . Constitution of Liberia (1825) . . . . . . . . . . . Amendment of 1828 . . . . . . . . . . . . . Amendment of 1834 . . . . . . . . . . . . . Failed Constitution of Liberia (1837) . . . . . . . . Failed Articles of Association, Liberia (1838) . . . Monrovia Draft of a Constitution of Liberia (1838) Constitution of Liberia (1839) . . . . . . . . . . . Amendment of 1840 . . . . . . . . . . . . . Plan of Civil Government (1841) . . . . . . . . . . Constitution of Liberia (1847) . . . . . . . . . . . Amendment of 1849 . . . . . . . . . . . . . Amendment of 1861 . . . . . . . . . . . . .

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75 79 80 81 86 90 91 97 101 107 111 113 117 126 127

Constitution and Laws of Maryland in Liberia (1833) . . . . . . . . . . . . . . . . . 129 Constitution of Maryland in Liberia (1853) . . . . . . . . . . . . . . . . . . . . . . . 145

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Introduction

Our purpose is to provide contexts for seven Liberian state-constituting documents coupled with three important draft constitutions and six amendment documents. Criteria for selection of documents include principal constitutions that span the period from the first formal organization of a new political order in 1820 (Constitution of 1820), the turning points in the evolution of that order (Constitutions of 1825 and the Maryland Constitution of 1833), and echoes of a debate about constitutional rearrangements. This debate entailed the drafting of three documents that failed of adoption. They include the "Constitution of General Government, for the American Settlements on the Western Coast of Africa" (1837); "Articles of Association Between and among the Colonies of Liberia, being Colonies of Free Coloured Persons from the United States of America on the Western Coast of Africa" (1838); the "Monrovia Draft" Constitution of the Liberian emigrants themselves (1839); and the Plan of Civil Government of 1841. Colonial settlements consolidating into a league of states went forward with adoption of the Commonwealth Constitution of 1839, followed eight years later with the independence Constitution which accompanied the formal declaration of independence in 1847. Documents selection criteria included availability either of the original or a printed version. Given the civil war that ravaged Liberia for 14 years (1989–2003), the Liberian National Archives have availed little. Most of the documents found were either in the papers of the American Colonization Society (the parent society that founded the Liberian state), the papers of

the Maryland State Colonization Society, in Charles Huberich’s two volume study The Political and Legislative History of Liberia, or other sources. In the course of compiling there developed the prospect of finding in a sealed safe in Monrovia the original of the 1847 Constitution. Alas bureaucratic complications dashed our hopes. We were therefore left with printed versions of most documents. Special thanks we owe to the Library of Congress and Yale University Library who provided copies of the little manuscript material which was available. Editorial principles involved verifying original or printed versions of documents. In case of original, faithful image, and for the printed versions, exact words, spelling, capitalization and punctuation of official texts were primary concerns. Where alterations of any sort were deemed necessary, endnotes explanations are provided. The nine constitutional documents tell in part the story of the transfer of modern constitutionalism from the United States to West Africa in the first half of the 19th century. They also highlight state implantation and early development. Following many false starts the entity that became Liberia was established in 1822 as consequence of the signing in December 1821 of the Dukor Contract between indigenous leaders and representatives, respectively, of the ACS and the U.S. government. Though both contained some elementary constitutional principles, the 1820 and 1825 Constitutions were each largely dictates from the ACS to their agents in West Africa. A parallel development in the nearby settlement of “Maryland in Africa”, established by the Maryland State Colonization

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I NTRODUCTION Society accounts for the Constitutions of 1833 and 1853. The 1833 document is comparatively progressive, reportedly based on Nathan Dane’s Ordinance of 1787 for government of the Northwest Territory of the United States. When charge of affairs of this settlement came fully into the hands of the colonists they were governed under the 1853 constitution. In the Liberian Settlement proper political stirrings by the colonists soon led the ACS Board of Managers to consider rationalizing the situation and relinquishing control. Three draft constitutions that were not adopted led the way. The first was a resolve in 1837 of the ACS for a “Constitution of General Government. . . ” to be recommended to associated auxiliary colonization societies of New York, Pennsylvania, and the State of Maryland. With the failure of this plan for the formation of a federal state, the concern persisted that the continuation of the system of “independent” entities was “costly, dangerous and inexpedient” (Huberich, vol. I, p. 560). Accordingly, a Convention of Societies having colonies on the coast of Africa was held in September 1838, and the result was the “Articles of Association. . . ”. This, too, failed of adoption. Perhaps in response to echoes of discontent in the settlement, the ACS Board requested of its agent that the people be consulted in reference to possible alterations in the old or 1825 Constitution and Digest Laws. A committee of leading citizens seized the opportunity not only to revise but also to attempt what the framers of the American Constitution of 1787 did, that is, to scrap the old documents and replace them with a completely new one. The product was the “Monrovia Draft” Constitution of 1838. Rather than this draft the Society opted to adopt a “Buchanan Draft” which became in January 1839 the Constitution of the Commonwealth of Liberia. Barely eight years later circumstances

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in the Commonwealth that then incorporated Montserrado, Grand Bassa, and Sinoe counties necessitated both the July 26, 1847 Declaration of Independence, and the independence Constitution which was adopted the same year. SELECT BIBLIOGRAPHY Alexander, Archibald, A History of Colonization on the Western Coast of Africa, New York: Negro Universities Press, 1969. American (The) Colonization Society, A Register of Its Records in the Library of Congress, Library of Congress, Manuscript Division 34 p. Azikiwe, Nmamdi, Liberia In World Politics, London: A.H. Stockwell, 1934. Brown, George W., The Economic History of Liberia, Washington, DC: Associated Publishers, 1941. Brown, Robert T., “Simon Greenleaf and the Liberian Constitution of 1847”, Liberian Studies Journal 9, no. 2 (1980–81) 51–60. Burrowes, Carl Patrick, “Black Christian Republicans: Delegates to the 1847 Liberian Constitutional Convention”, Liberian Studies Journal, 14, no. 2 (1989) 64–87. Burrowes, Carl Patrick, “Textual Sources of the 1847 Liberian Constitution”, Liberian Studies Journal, 28, no. 1 (1998), 1–41. Campbell, Penelope, Maryland In Africa, The Maryland State Colonization Society 1831–1857, Chicago: University of Illinois Press, 1971. Dormu, Alfonso K., Constitution (The) of the Republic of Liberia and the Declaration of Independence, with notes, New York: Exposition Press, 1970. Dunn, D. Elwood & Byron Tarr, Liberia: A National Polity in Transition, Metuchen, NJ: Scarecrow Press, 1988. Huberich, Charles Henry, The Political and Legislative History of Liberia, 2 vols.,

I NTRODUCTION New York: Central Book Company, 1947. Latrobe, John H.B., Maryland in Liberia: A History of the Colony Planted by the Maryland State Colonization Society Under the Auspices of the State of Maryland, U.S. at Cape Palmas on the South-West Coast of Africa, 1833–1853, Maryland Historical Society Fund Publication 21, Baltimore: John Murphy, 1885. Liberia, Republic of, The Independent republic of Liberia: Its Constitution and Declaration of Independence. Issued Chiefly for Use by the Free People of Color, Philadel-

phia: William F. Geddes, 1848. Maryland State Colonization Society, Annual Reports of the Board of Managers: 1835–1846; Feb., 1852; Jan., 1856; Jan., 1858, Baltimore: John D. Toy (Microfilm). Poore, Benjamin, The Federal and State Constitutions, Colonial Charters, and Organic Laws of the United States, 2 vols., 2nd ed., Washington: Government Printing Office, 1878. Staudenraus, P.J., The African Colonization Movement, 1816–1865, New York: Negro Universities Press, 1961.

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Constitution of Liberia (1820) Constitution For the Government of the African Settlement at ––––1

A RT. 1. All persons born within the limits of the territory held by the American Colonization Society in –––– or removing there to reside, shall be free, and entitled to all the rights and privileges of the free people of the United States. A RT. 2. The Colonization Society shall, from time to time, make such rules as they may think fit for the government of the Settlement, until they shall withdraw their Agents, and leave the settlers to the government of themselves.

an oath or affirmation to support the Constitution. A RT. 8. In cases of necessity, where no rule has been made by the Board of Managers, the Agents are authorized to make the necessary rules and regulations, of which they shall, by the first opportunity, inform the Board for their approbation; and they shall continue in force until the Board shall send out their decision upon them.

1

A RT. 3. The Society’s Agents shall compose a Board, to determine all questions relative to the government of the Settlement, shall decide all disputes between Individuals, and shall exercise all judicial powers, except such as they shall delegate to justices of the Peace. A RT. 4. The Agents shall appoint all officers not appointed by the Managers, necessary for the good order, and government of the Settlement. A RT. 5. There shall be no slavery in the Settlement. A RT. 6. The common law as in force and modified in the United States, and applicable to the situation of the people, shall be in force in the Settlement. A RT. 7. Every settler coming to the age of 21 years, and those now of age shall take

Verified by “Constitution For the Government of the African Settlement at ––––.” as printed in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 146–147. According to Huberich, the manuscript is to be found in the Papers of the American Colonization Society (ACS), Minutes of Proceedings of the Board of Managers, vol. 1, 97–99, held by the Library of Congress, Manuscripts Division. However, a search realized by this Library was not successful. Adopted June 26, 1820 at a meeting of the Board of Managers of the ACS, Washington. The title and first article contain omissions of locality because when the articles were originally drafted by the American Colonization Society the location of the settlement (later known as Liberia) had not been determined. The 1820 Constitution was derived from earlier efforts by the ACS at providing guidance for the government of the settlement then in the making. It draws upon the “Elizabeth Compact” (a plan for the provisional government of the settlement), as well as ACS Instructions of December 20, 1819, and June 26, 1820. The 1820 Constitution was amended at a meeting of the Board of Managers held on December 23, 1820 (q.v.) and was subsequently adopted in a slightly revised version together with a Plan of Government and Digest of the Laws as Constitution of 1825 (q.v.).

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Amendment of 1820 [Amendment to the Constitution of Liberia of 1820]1

[T]he 1st article of the Constitution for the government of the Settlement was amended by adding after the word “Society” the words “in Africa” – and by striking out the word “the” which occurs after the word “all” and inserting “such” – and striking out “of the free people” and inserting “as are enjoyed by the citizens”. A RT. 9. This Constitution is not to interfere with the jurisdiction, rights, and claims, of the agents of the United States over the captured Africans and others under their care, and control, so long as they shall reside within the limits of the Settlement. A RT. 10. No alteration shall be made in this constitution except by unanimous2 con-

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sent of all present, at a regular meeting of the Board of Managers, or by a vote of two thirds of the members present at two successive meetings, of the Board of Managers.

1

Verified by the manuscript of the Papers of the American Colonization Society (ACS), Minutes of Proceedings of the Board of Managers, vol. 1, 117–118, as preserved at the Library of Congress, Manuscripts Division, and checked against the text as published by Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 147–148. Spelling, capitalization, and punctuation as in the original manuscript. The amendment was adopted by the Board of Managers on December 23, 1820. 2 In Huberich, I, 148, “an unanimous”.

Constitution of Liberia (1825) Constitution, Government and Digest of the Laws of Liberia1

CONSTITUTION FOR THE GOVERNMENT OF THE AFRICAN COLONY AT LIBERIA

A RT. VII. Every settler coming to the age of 21 years, and those now3 of age, shall take an oath or affirmation, to support this Constitution.

A RT. I. A LL persons born within the limits of the territory held by the American Colonization Society, in Liberia, in Africa, or removing there to reside, shall be free, and entitled to all such rights and privileges, as are enjoyed by the citizens of the United States.

A RT. VIII. In cases of necessity, where no rule has been made by the Board of Managers, the agents are authorized to make the necessary rules and regulations, of which they shall, by the first opportunity, inform the Board, for their approbation; and they shall continue in force, until the Board shall send out their decision upon them.

A RT. II. The Colonization Society shall, from time to time, make such rules as they may think fit for the government of the Settlement, until they shall withdraw their agents, and leave the settlers to the government of themselves. A RT. III. The Society’s Agents shall compose a board, to determine all questions relative to the government of the Settlement, shall decide all disputes between individuals, and shall exercise all judicial powers2 , except such as they shall delegate to justices of the peace. A RT. IV. The Agents shall appoint all officers not appointed by the managers, necessary for the good order and government of the Settlement. A RT. V. There shall be no slavery in the Settlement. A RT. VI. The common law, as in force and modified in the United States, and applicable to the situation of the people, shall be in force in the Settlement.

A RT. IX. This Constitution is not to interfere with the jurisdiction, rights, and claims of the agents of the United States, over the captured Africans and others, under their care and control, so long as they shall4 reside within the limits of the Settlement. A RT. X. No alteration shall be made in this Constitution, except by an5 unanimous consent of all present at a regular meeting of the Board of Managers, or by a vote of two-thirds6 of the members present at two successive meetings of the Board of Managers.

PLAN FOR THE CIVIL GOVERNMENT OF LIBERIA7 The necessity of a mild, just and efficient government for the preservation of individual and political rights among any people, and for the advancement of true prosperity, induces the Agents of the American Colonization Society most seriously to consider,

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L IBERIA and immediately to adopt a system for the better regulation, in this colony, of public affairs. I. The Agent of the Colonization Society, possesses8 in this settlement sovereign power, subject only to the decisions of the Board. II. The Vice Agency. Three individuals shall be annually nominated by the colonists for the Vice Agency, one of whom shall be appointed by the Agent, unless special reasons forbid such appointment. III. Duties of the Vice Agency. The Vice Agent shall be admitted to the councils of the Agent9 in all important matters, and shall express an opinion on all questions submitted to his consideration. He shall aid the Agent in the discharge of his various duties, and in the defence and execution of the laws. In case of the absence or sickness of the Agent, the Vice Agent shall become the general superintendant of public affairs. The colonists shall be permitted to nominate individuals annually for this office, yet an appointment to it, may at any time10 be revoked by the Agent. IV. The Vice Agent with two other persons, nominated by the colonists, and (if approved) appointed by the Agent, shall constitute a council who shall meet when requested by the Agent, to deliberate on measures to be adopted for the prosperity of the colony. The Vice Agent shall consult the other members of the council on the general interests of the settlement, and make a report to the Agent whenever he may believe the common good to require it. The appointment of this council shall be annual. V. The Judiciary shall consist of the Agent and two Justices of the Peace, created by his appointment. The Justices shall

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have cognizance of all cases affecting the peace, and criminal cases within the definition of petit larceny; and all actions of debt not exceeding twenty dollars. In the Court of monthly sessions the Agent shall preside, and the Justices be his associates. The Court of monthly sessions shall have original jurisdiction in all actions of debt where the amount in the litigation shall exceed twenty dollars, and in criminal causes above the degree of petit larceny, and shall have appellate jurisdiction in all cases whatsoever. Two Constables shall be annually appointed by the Agent, whose duty it shall be to execute all processes, and levy distresses pursuant to writs issued by the Justices, and the Court of monthly sessions, and to aid in preserving the public peace. The Clerk of the Court of monthly sessions, shall be appointed annually by the Court. The following committees, the military committee excepted, shall be appointed by the Agent, in pursuance of a vote of a majority of the freeholders annually, whose election may be set aside or confirmed by the Agent, as in the case of counsellors. I. The Committee of Agriculture, to consist of two persons, who are to report and serve as the organ of the government on all subjects relating to the agriculture of the colony. II. The Committee of Public Works, to consist of three persons, who are to report and serve as the organ of the government on all subjects relating to buildings and fortifications. It shall be the especial duty of the members of this committee, to superintend in rotation the execution of the public works, by the labouring force employed by the government. III. The Committee of the Colonial Militia, to consist of all the commissioned of-

C ONSTITUTION OF L IBERIA (1825) ficers of the colonial militia11 ; who are to report and serve as the organ of the government on all subjects relating to the militia of the colony. Each committee shall appoint a chairman, who shall communicate for them with the government and people12 . IV. There shall be a committee of health, who shall be ready at all times to report to the government on all subjects relating to the health of the colony. These committees are to become familiar with all the subjects relating to their appointment, and be ready at all times to meet, consult, and report thereon, when required to do so by the Agent. Each committee shall record all important observations and facts relating to the subjects they investigate for the future use of the colony. V. The militia of the colony shall be organized into one corps, which shall act as Infantry, and as Artillery. This corps shall be officered by one Captain and two Lieutenants, elected by the men, but confirmed in their appointments, and commissioned by the Agent. The officers in committee shall appoint all the non-commissioned officers subject to the approbation13 of the Agent. The officers directly attached to the Agency, and to be appointed by him without nomination by the people are: 1st. A store keeper, who, when not on rations, shall receive a small compensation for his services. 2nd. A Commissary of Ordinance, who, when not on rations, shall receive some compensation. 3rd. A Colonial Secretary, who shall likewise receive a small compensation. 4th. A Librarian, who shall preserve with care the Colonial Library, and attend to the delivery of books at hours14 fixed upon by the Agent.

5th. A guard of twelve privates, two corporals, and one Sergeant commandant. This guard shall be raised, appointed, officered by, and subjected to, the entire and direct control of the American Colonization Society, and their Agent. They shall, except in case15 of war, or manifest danger, perform all the military service of the colony. The settlers being thus delivered from this heavy burden, are expected, and will be required to devote themselves with becoming zeal to the great and paramount objects of public and private industry. 6th. A Superintendant of captured Africans. 7th. Instructors in the public schools. 8th. An Auctioneer. 9th. Crier of the Court.

DIGEST OF THE LAWS NOW IN FORCE IN THE COLONY OF LIBERIA AUGUST 19, 1824 1st. Sedition, mutiny, insubordination, or disobedience to the lawful authorities, are high misdemeanors, and punishable either by the Justice, Court of Sessions, or prerogative of the Agent, as the case may be. 2nd. Quarrelling, riot, drunkenness, Sabbath-breaking, profaneness and lewdness, are infractions of the public peace, and punishable by sentence of Justices, or of the Court of Sessions, with fine, imprisonment, standing in the stocks or whipping. 3rd. Persons having violated the peace, or committed the misdemeanors specified in section first, on being discharged from custody, must find recognizances for their good behaviour. 4th. Simple theft, in which the property stolen shall be less than five shillings, is petit larceny, and shall always be punished in

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L IBERIA pursuance of sentence of Justices, or Court of Sessions, by a fine of fourfold the value of the property stolen, and the culprit to find recognizances in twenty times the amount.

10th. Persons trespassing on appropriated lands by cutting or removing timber, or other property, are liable to exemplary damages.

5th. Grand larceny and all felonies punishable in pursuance of judicial sentence, with whipping and imprisonment, either in irons or not, or by a term of labour in chains16 on the public works. In case of failure to find recognizances for good behaviour, when required, the person so failing shall be subjected to such labour on the public works, or other penalty as the Agent shall prescribe, until he shall find recognizance, or the object for which it was required of him shall have been answered.

11th. No person is to reside on the lands of the Colony, without permission of the Society or their agent.

6th. Every able bodied male person receiving rations, is to labour for the public, under the superintendance of the commissioner for public works, two days in each week. Every person is to be considered in good health, who shall refuse to report himself and afford satisfaction of his inability to labour, to the committee of health. 7th. Every able bodied person as aforesaid, or person not reporting his indisposition as aforesaid, neglecting to labour on public works, or negligently attending to his own domestic labours, during the four days of each week allowed him, shall, on the representation of the committee of public works, be immediately, together with his family, put on his own resources.

12th. Expulsion from the Colony may take place on conviction for offenses directly affecting the peace, and good government of the same; and when ordered by the Society in punishment of any misdemeanors in their judgment deserving that penalty. The property of exiles to pass to his next heirs resident in the Colony. In all cases of banishment, where the banished person has no heirs in the Colony, the land held by him shall revert to the Colony. 13th. The party in any judicial trial, is entitled, if he desire it, to trial by jury. 14th. The common law, and usages of the courts of Great Britain and the United States, to regulate all judicial proceedings. 15th. All persons are permitted to dispose of property by will. The estate of intestates to be committed with letters of administration to administrators appointed by the Agent. 16th. In all lands appropriated to settlers, every third lot, when practicable, shall be reserved for public uses.

8th. No person forfeiting his rations, shall have them restored in less than one17 month.

17th. No person shall own land who does not reside in the Colony, and cultivate19 at least two acres, or carry on with the consent of the Agent some mechanical trade, and build a substantial house on his town lot.

9th. Persons obstinately refusing to acquiesce in the express decisions of the Board of Managers, shall, on conviction thereof by a18 court of justice, forfeit all their real estate in the Colony, and be compelled to leave it.

18th. A substantial house, to answer the requisition of the preceding section, must be,1st. of sufficient extent to accommodate the family. 2nd. Built of stone, brick or pise, or of frame or logs weather boarded, and covered with tile or brick.

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C ONSTITUTION OF L IBERIA (1825) 19th. All settlers on their arrival, shall draw town lots and plantations, for which the agent is to give them a certificate specifying their number, and the time of drawing. If within two years from that date, two acres of land on the plantation shall have been brought under cultivation, the town lot cleared and enclosed, and a legal house built, the said certificates20 may be exchanged for a title deed of such lands, to be held thereafter in fee simple. 20th. All town lots are to be enclosed by the proprietors with a good fence – any person neglecting to make such a fence, shall be answerable to his next neighbour for all damages he may sustain from the neglect, by application to the Committee of Agriculture, who shall proceed as directed in the laws of the21 13th August, 1823. (See Journal under date of November 24th, 1824.)22 21st. Persons holding town lots or plantations, are to keep the streets contiguous thereto, clear of weeds and brush to the centre, and cultivate any trees which may be planted thereon. Neglects in these cases are to fall under cognizance of the Committee of Agriculture, who are to proceed as in the law referred to in the preceding section. 22nd. Every married man, besides a town lot, shall have for himself five acres of plantation land, two for his wife and one for each child, if they are with him: Provided, that no single family shall have in all, more than ten acres. 23rd. No Colonist shall deal with the natives of the Country for lands. 24th.23 Nothing but articles of necessity are to be given or expected in the rations issued from the public stores. 25th. Missionaries are permitted to reside, coming out with the approbation of the Society, so long as they devote themselves to their sacred functions.

1

Verified by Constitution, Government and Digest of the Laws of Liberia, As Confirmed and Established by the Board of Man[a]gers of the American Colonization Society, May 23, 1825, Washington City: Printed by Way & Gideon, 1825, 11 p., also reprinted in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 331– 338 and vol. 2, 1261–1270. Checked against “Constitution For the Government of the African Colony at Liberia” in the Minutes of the Board of Managers of ACS, vol. 1, 216–229 as published in the African Repository and Colonial Journal, 11 (1/1835), 21, and in The annual report of the American Society for Colonizing the Free People of Colour of the United States, 1833, 29–30. Also checked against George W. Brown, The Economic History of Liberia, Washington, D.C.: The Associated Publishers, 1941, 236–241. According to Huberich this document represents the first publication of a complete set of Liberian laws (cf. Huberich, I, 331). ACS Agent J. Ashmun drafted Digest Laws and Plan of Civil Government of August 19, 1824. With subsequent approval by ACS Board, this was then appended to a slightly revised Constitution of 1820, which then became the Constitution of 1825. The Constitution was amended in 1828 (q.v.) and in 1834 (q.v.). 2 In African Repository, 21, “power”. 3 In Brown, Economic History, 237, word missing. 4 Ibid., word missing. 5 In African Repository, 20, and Annual Report, 30, “the”. 6 In Brown, Economic History, 237, “by a two-thirds vote”. 7 In African Repository, 22–23, and Annual Report, 31–32, follows amended version of Plan of Civil Government of 1828 (q.v.). 8 In Brown, Economic History, 238, “possess”. 9 Ibid., “Agents”. 10 Ibid., “may at times”. 11 Ibid., 239, “to consist of all the commissioned officers of the colonial militia” missing. 12 Ibid., “the people”. 13 Ibid., “approbations”. 14 Corrected according to Errata list in Way & Gideon print, 11. 15 In Brown, Economic History, 239, “cases”. 16 Ibid., 240, “the chains”. 17 Ibid., “a”. 18 Ibid., “the”. 19 Ibid., 241, “cultivates”. 20 Ibid., “certificate”. 21 Ibid., word missing. 22 Ibid., sentence missing. 23 In Way & Gideon print, 11, “25th”.

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Amendment of 1828 Plan of Civil Government for the Colony of Liberia1

The necessity of a mild, just, and efficient civil Government, for the preservation of individual and political rights among any people, and the advancement of true prosperity, induces the Board of Managers of the American Colonization Society to adopt, after mature consideration, the following system of Government, for the proper regulation of public affairs in the Colony of Liberia. A RT. 1. The Agent of the American Colonization Society, resident in the Colony, possesses within the same, sovereign power, subject only to the Constitution, the chartered rights of the citizens, and the decisions of the Board. A RT. 2. All male colored people, who have subscribed the oath to support the Constitution, and drawn and not forfeited lands in the Colony, shall be entitled to vote for, and be eligible to the civil offices of the Colony. A RT. 3. The Civil Officers of the Colony shall be appointed annually: and the polls for the general annual election of the Colony, shall be opened on the last Tuesday in August, and continue2 open not more than three, nor less than two successive days, in the different Settlements. Elections3 shall be organized by the Sheriff4 , by the appointment in each Settlement, of a President, two Judges, and two Clerks. A RT. 4. The Colonial Officers eligible by the annual suffrage of the freeholders, in which the Agent has the right to interpose his negative, assigning to the voters in time

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to renew the choice at the same election, his reason for such interposition, are for the Colony, a Vice-Agent, two Counsellors, a High-Sheriff,5 a Register, and a Treasurer: and for each of the settlements consisting of not less than sixty families, two Commissioners of Agriculture, two Commissioners to form a Board of Health, and two Censors. A RT. 5. The Vice-Agent shall be admitted to the counsels of the Agent in all important matters; and shall express an opinion on all questions submitted to his consideration. He shall aid the Agent in the discharge of his various duties, and in the support and execution of the laws; and6 in the event of the Agent’s absence, or sickness, the ViceAgent shall become the General Superintendent of Public Affairs. A RT. 6. The Vice-Agent with7 two Counsellors, shall constitute a council; who shall meet when requested by the Agent, to deliberate in8 the interests9 of the Colony, and the measures to be taken for their security and advancement. The Vice-Agent shall also advice with the other members of the Council, on any subjects10 connected with the general welfare, as often as he shall think it11 proper; and report the result to the Agent if proper12 , or act upon the same, in case of his absence. A RT. 7. The duty of the Counsellors shall be, to aid the Agent, or Vice-Agent, with their advice and counsel, on subjects relating to the general welfare of the Colony, whenever thereto requested by either.

A MENDMENT OF 1828 A RT. 8. The High-Sheriff shall, either by himself or his deputies, aid in the organization of elections; act as Marshal for the Government of the Colony, execute all processes, judgments, and commands of the Court of Sessions, and perform, generally, the services required of the same Officer, by the common laws13 of England and the United States. A RT. 9. The Secretary of the Colony shall take charge of, and carefully keep all the papers, records, and archives of the Colony, generally; shall attend exactly record the doings of the Agent in Council; shall publish all the ordinances, and legal enactments of the Government; publish Government notices;14 issue the Agent’s orders, civil, military, and judicial, to the proper functionaries; deliver15 a fair copy of government papers necessary to be recorded, to16 the Register of the Colony; and manage its internal correspondence, on the part and under the directions17 of the Agent. A RT. 10. The Register shall record all documents and instruments relating to the security and title of public or individual property; Government grants, patents, licenses, contracts and commissions, and all other papers which are properly a matter of record, and to which the Government of the Colony shall be a party. Every volume of records when completed, shall be delivered by the Register, to the Secretary of the Colony, for preservation, among the archives of the Colony18 . A RT. 11. The Treasurer of the Colony shall receive and safely keep all the monies, and public securities required by law, or the judgment19 of courts, to be deposited in the public Treasury, and shall deliver up, and pay over the same, only by a requisition signed by the Agent,20 or Vice-Agent of the

Colony; to whom he shall render a statement of the public finances on the Monday preceding the annual election of the Colony. A RT. 12. The Commissioners of Agriculture shall report, and serve as the organ of the Government, on all subjects relating to the Agriculture of the Colony. The Commissioners composing the Board of Health, shall report, and serve as the organ of the Government, on all subjects relating to the health of the Colony; shall ascertain the proper objects of medical attention; report nuisances prejudicial to the public health, direct21 their removal; and make themselves generally active in diminishing the sufferings and dangers of the settlers caused by sickness. Each of the Committees shall record, for the future use of the Colony, all important observations and facts relating to the subjects of their charge. A RT. 13. The two Censors shall act as conservators of the public morals, and promoters of the public industry; and be obliged to all the duties, and invested with all the legal powers, on whatever relates to the public morals and industry, which are lawfully22 required of, and possessed by grand jurors23 , in such parts of the United States as recognize such auxiliaries24 to their magistracy. It shall be the special duty of the officers to ascertain in what way every person, in their proper districts, acquires25 a livelihood; to report or present idlers; detect vicious or suspected practices; and present for legal investigation and cure, every26 actual or probable evil, growing out of the immoralities27 , either of a portion of the community, or of individuals. A RT. 14. The Judiciary of the Colony shall consist of the Agent and a competent number of Justices of the peace, created by his appointment. The Justices shall

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L IBERIA have cognizance28 of all cases affecting the peace, and29 of all criminal cases within the definition of petit larceny, and all actions of debt not exceeding twenty dollars. In the court30 of Monthly Sessions, whether acting as a court of law, or a court of equity, the Agent or Vice-Agent shall preside, and the Justices be his associates. The court of Monthly Sessions31 shall have original Jurisdiction in all actions of debt, in which the amount in litigation shall exceed twenty dollars; and in criminal causes32 above the degree of petit larceny; and shall have appellate jurisdiction in all civil causes whatsoever. The requisite number of Constables for the Colony shall be appointed by the Agent annually. A Clerk and a Crier of the Court of Sessions shall also be appointed by the said Court, annually. An Auctioneer, who shall conduct all auction sales except those of the Sheriff and Constables, in pursuance of the judgment of the Courts33 of the Colony, shall also be created by annual appointment of the Agent. A Store Keeper, Librarian, Commissary of Ordnance, to be appointed by the Agent, shall be respected and obeyed in matters belonging to their respective functions, as officers of the Colony. Instructors in all public schools having the sanction of a public charter, or participating in any degree in the public funds, shall be appointed and employed by the regular school committees of the Colony, but with the Agent’s approbation and concurrence. All Custom, Port, Infirmary, Medical, Guard and Police officers, not appointed by the Managers of the Colonization Society, and whose34 services are required and defined by the laws of the Colony, together with the public Measures, Inspectors, and Appraisers, shall be appointed by the Agent

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of the Colony. A RT. 15. The Militia of the Colony, shall consist wholly of such uniformed Volunteer35 Corps as shall obtain charters under the Government of the Colony; of which charters, the following shall be fundamental articles: – 1st . That the Corps shall always comply with any requisitions36 for their37 services, either wholly or in part, made by the executive Government of the Colony. 2nd . That the Corps shall ever preserve and hold themselves38 and their39 arms and equipments40 in a state of readiness for actual service, at the shortest notice. 3rd . That the41 Officers be commissioned by the Agent: and 4thly. That they42 shall muster, parade, and serve in the line of the Colony, under general Officers, when thereto required by the executive Government. General officers shall be appointed by the Agent; and when especial reasons do not forbid, shall be taken from the Officers of the several Corps, and promoted according to rank, and the seniority43 of their commissions. All Military Officers44 and delinquencies, shall be tried by a General Court Martial, to be composed, except the officers and Guards45 of the Court, of Commissioned Officers; and to sit quarterly.46 A correct copy. J. Ashmun.

1

Verified by The sixteenth Annual Report of the American Society for Colonizing the Free People of Colour of the United States, Washington, 1833, 31– 34. According to Huberich, the manuscript is to be found in the Code of Laws at Liberia, Papers of the ACS in the Library of Congress, for a reproduction see Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 2, 1332–1342. Spelling, capitalization, and punctuation as in the Annual Report. The revised Plan of Civil Government was submitted by Mr. Ashmun

A MENDMENT OF 1828 and adopted by the Board of Managers on October 22, 1828, while the Constitution remained in force unchanged, see Annual Report, 30, Huberich, I, 362, and African Repository and Colonial Journal, 11 (1/1835), 21. After being amended again in 1834 (q.v.), it was replaced by the Plan of 1841 (q.v.). 2 In Code of Laws at Liberia, as reproduced in Huberich, II, 1334, “continued”. 3 Ibid., “Election”. 4 Ibid., “By the Sheriff” missing. 5 In Annual Report, 31, “A secretary” missing. 6 In Huberich, II, 1336, word missing. 7 Ibid., “with the”. 8 Ibid., “on”. 9 Ibid., “interest”. 10 Ibid., “subject”. 11 Ibid., word missing. 12 Ibid., “present”. 13 Ibid., 1337, “Common Law”. 14 Ibid., “and legal enactments of the Government notices”. 15 Ibid., “cause”. 16 Ibid., “to be delivered to”. 17 Ibid., “direction”. 18 Ibid., 1338, “of the Colony” missing. 19 Ibid., “judgements”. 20 Ibid., rest missing. 21 Ibid., “and superintend”.

22

Ibid., “by law”. Ibid., 1339, “Juries”. 24 Ibid., “parts of the United States as recognize such auxiliaries” missing, according to Huberich missing words in manuscript. 25 Ibid., “acquire”. 26 Ibid., “any”. 27 Ibid., “or idleness”. 28 Ibid., “cognizances”. 29 Ibid., word missing. 30 Ibid., “Courts”. 31 Ibid., “Court of Session”. 32 Ibid., “cases”. 33 Ibid., “Court”. 34 Ibid., 1340, “where”. 35 Ibid., “volunteers”. 36 Ibid., “requisition”. 37 Ibid., “these”. 38 Ibid., “itself”. 39 Ibid., “its”. 40 Ibid., “equipment”. 41 Ibid., “its”. 42 Ibid., “it”. 43 Ibid., 1341, “security (sic)”. 44 Ibid., “offences”. 45 Ibid., “guard”. 46 Ibid., rest missing. 23

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Amendment of 1834 [Amendment to the Plan of Civil Government]1

At a meeting of the Board of Managers held this day, the following resolutions were adopted: 1. Resolved, That the fourth article of the Plan of Civil Government for the Colony of Liberia be so amended as to read for “two”, “six” counsellors; this amendment not to take effect until the next annual election in the Colony; and that the other articles be so altered as to correspond with this and other amendments which may now be made. 2. Resolved, That the Agent, or (in his absence) the Vice Agent, together with the aforesaid six counsellors, shall constitute a council, who shall meet on the first Monday of January and July of each year, and at such other times as the Agent shall deem expedient. The Agent, or, in his absence, the Vice Agent shall preside at all their2 meetings. They shall have power to lay taxes, impose duties, make appropriations of public monies, fix the salaries of all officers

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to be paid out of the funds to be raised in the Colony, and enact such laws as they may deem necessary for the general welfare, subject, however, to the approval of the Colonial Agent and the Board of Managers. Should any law be passed by the council and disapproved by the Agent, he shall state to the council his reasons for disapproval; and should it then be passed unanimously by the council, it shall remain in force until the Board of Managers shall pronounce their decision upon it.

1

Verified by African Repository and Colonial Journal, 11 (1/1835), 21. According to Huberich, the manuscript text is to be found in ACS Minutes of the Board of Managers, III, 6, reproduced in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 456. The amendment was adopted at a meeting of the Board of Managers held on January 30, 1834. For a revised version of the Plan of Civil Government see African Repository, 22–24. 2 In Huberich, I, 456, word missing.

Failed Constitution of Liberia (1837)

Constitution1

Whereas it has pleased a Gracious Providence to favour with success, the benevolent efforts of the citizens of the United States of America, to plant Christian Colonies of free coloured people, on the western coast of Africa, in order to lay a durable foundation for their future Union, Freedom and Independence, the following Constitution of Government is ordained and established.

ARTICLE I S ECT. 1. The several colonial settlements planted in Liberia, on the principles of the American Colonization Society, are hereby declared to be united under one Government, to be styled the Government of Liberia. S ECT. 2. The Colony of Monrovia and the several Settlements appurtenant thereto, shall make one Colony, under the common title of “Monrovia;” the Colonies at Cape Palmas and Bassa Cove shall maintain their present denomination, or receive such other as the associated Colonization Societies of New York and Pennsylvania, and the Maryland State Society, may hereafter respectively bestow on them.

ARTICLE II Of the Legislative2 Power S ECT. 1. There shall be a Legislature, entitled the Congress of Liberia, which shall

hold one session, at least, in every two years, at the town of Monrovia; or at such other place as the Congress shall from time to time appoint. The first meeting shall be held on the first Monday in December next following the ratification of this Constitution; and all succeeding meetings shall commence at such periods as the Congress may prescribe. S ECT. 2. The Congress shall consist of the Chief Executive Magistrate of each of the Colonies of Monrovia, Cape Palmas, and Bassa Cove, and of five Delegates, to be elected by the Legislative councils of the said Colonies in such manner as they may respectively provide, in the proportion of three for the Colony of Monrovia, and one for each of the other Colonies; and the said delegates shall receive for their services, such compensation as their respective councils may determine and pay. S ECT. 3. The Governor of Monrovia shall preside over the deliberations of the Congress; and in case of his absence, death, resignation, or inability, such one of the other Colonial Governors as a majority of the delegates present may elect. In the absence of those Governors, a President, for the time being, shall be, in like manner, chosen from the delegates present. S ECT. 4. It shall be the duty of the President to call the members to order, and to preserve decorum in the debates and proceedings of Congress, according to such rules as they may adopt for their government. In his absence from the chair, for a

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L IBERIA period not exceeding one day, he may call on any other member to preside in his place. He shall be entitled to vote in all cases in which he is not personally interested, and shall, moreover, give the casting vote whenever the Congress is equally divided on any question. S ECT. 5. The presence of a majority of all the members shall be necessary to constitute a quorum for the transaction of business, but a less number may adjourn from day to day till a quorum be formed, and may be authorized to compel the attendance of the absent delegates, in such manner, and in such penalties as the Congress may provide. S ECT. 6. The Congress shall be the sole judge of the elections, returns and qualifications of the several delegates thereto, may determine the rules of its proceedings, punish its members for disorderly conduct; and, with the concurrence of two-thirds, expel a delegate: Shall keep a fair journal of its proceedings, and from time to time, publish the same; except such parts thereof as may, in their judgment, require secrecy; and the yeas and nays of the members, on any question, shall by the desire of any two or more members be entered on the journal. They shall, by the first opportunity, transmit a copy of their entire journal to the American Colonization Society: they shall appoint a Recording Secretary and such other officers as may be necessary to the transaction of business and fix their respective compensation, which shall be paid by the several Colonies on a rateable assessment, according to their respective representation. In all cases except treason, felony, and breach of the peace, the delegates shall be privileged from arrest, during their attendance in Congress, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.

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S ECT. 7. No person shall be chosen as a delegate from any Colony who shall be under twenty-five years of age at the period of his election; nor unless he be, at such period, a citizen of Liberia, and have been an inhabitant of the Colony for which he is elected, for at least six months prior to his election. S ECT. 8. Congress shall have power to prescribe uniform rules of naturalization for all persons of colour, provided that all persons now citizens of any Colony of Liberia, shall continue to be so, and that all coloured persons emigrating from the United States of America, or any district or territory thereof, with the approbation, or under the sanction of the American Colonization Society; or of any Auxiliary Society of the same, or of any State Colonization Society of the United States, which shall have assented to this Constitution of Government, shall be entitled to all the privileges of citizens of Liberia; except the same shall have been lost or forfeited by conviction of some crime. S ECT. 9. They shall have power to fix the standard of weights and measures, until the Congress of the United States of America shall have prescribed some standard of the same, when the American, shall become the standard of Liberia. S ECT. 10. They shall have power to settle the value of any African money, in the metallic currency of Liberia, which currency shall, in all other respects, be the same with that of the United States. S ECT. 11. In time of war or3 insurrection, or imminent danger thereof, they shall have power to emit bills and to borrow money on the credit of Liberia, under such restrictions and limitations as may be provided by the American Colonization Society: and at such times they shall have power to provide a treasury for the common defence, to appoint a treasurer and such other officers or agents

FAILED C ONSTITUTION OF L IBERIA (1837) as may be necessary to the collection and disbursements of the public money, no part of which shall be appropriated but by an act, or resolution of Congress: the treasury shall be supplied by a rateable assessment of such sums, as may be necessary, upon the several Colonies; which, until a more equitable mode can be provided, shall be in proportion to the number of delegates, in the Congress, elected by each Colony; such sums, to be assessed, collected, and paid by, or in pursuance of the acts, or orders of the respective Legislative Councils of the Colonies, and all expenses incurred for the common defence shall be chargeable upon and paid out of the said treasury. S ECT. 12. The Congress shall have power to declare war, in self-defence, and make rules concerning captures on land and water: to raise and support armies in time of actual war; but no appropriation of money to that use shall be for a longer period than two years. To provide and maintain a navy in time of war. To make rules for the government of the land and naval forces. To provide for organizing and disciplining the4 militia, and for governing such part of them as may be employed under their authority; and to appoint over them, when so employed, or select from among them, the General, Brigade, and Regimental Staff officers: and to appoint and commission, for the existing war, all other officers in command thereof, of higher grade than the commandants of companies: reserving to the Colonial Governments respectively, the appointment at other times of all their militia officers, and in time of war, of all officers of militia whose appointment is not hereby vested in the Congress of Liberia. S ECT. 13. The Congress shall have power to make treaties with the several African tribes and to prescribe rules5 for

regulating the commerce between Liberia and such tribes: but they shall enter into no treaty or alliance, nor ascertain and assess the sums6 and expenses necessary to the common defence, nor emit bills, nor borrow money on the public credit, nor agree upon the number of vessels of war to be built or purchased, or the number of land and sea forces to be raised, without the assent of two-thirds of the members present. S ECT. 14. Congress shall have power to render uniform the tariff of duties on foreign imports into the territory of Liberia; but, in doing so, shall give no preference to one port thereof over another; and all such duties shall be collected by, and paid into the treasuries of the respective Colonies under the authority of their respective Legislative Councils. S ECT. 15. Congress shall impose no duty on the exports of any Colony, nor shall any Colony impose any duty on the entry or transportation of the produce or manufactures of any other Colony arriving in the same. S ECT. 16. The Congress may establish a communication by post, between the several Colonies and fix the rate of postage, but the proceeds thereof shall be paid into the treasuries of the several Colonies in which the same may be collected, and the officers required to sustain such communication, shall be appointed under the authority of the Colonial Legislatures, in such mode as they may respectively prescribe, and be paid such compensation as their respective Colonial Legislatures may provide out of the proceeds of the postage.

ARTICLE III Of the Executive Power S ECT. 1. The Supreme Executive power of the Government of Liberia shall be vested

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L IBERIA in the Governor of the Colony of Monrovia, whose title shall be “President of Liberia and Governor of Monrovia,” and in a council to consist of the several Colonial Governors or a majority of them. The President shall, if empowered, perform the duties of Agent of the United States of America for the reception of recaptured Africans, provided that, if any other person shall be appointed to such agency, he may, also, be a member of the Executive Council with a right to debate, but not to vote on any question. S ECT. 2. During the recess of the Congress all vacancies in the several offices created and filled by them shall be filled on the nomination of the President with the advice and consent of the Council, if present – if absent, by the President alone; and all such officers, so appointed, shall hold their offices until the expiration of the ensuing session of Congress. S ECT. 3. The President shall be, exofficio commander in chief of the Land and Naval forces of Liberia, and of such portion of the militia as may be called into the service thereof. He shall receive his appointment from the American Colonization Society and shall be removable at their pleasure. S ECT. 4. The Executive power of the Colonies of Cape Palmas and Bassa Cove shall be vested in a Governor and such councillors, and inferior officers and agents, as the constitutions adopted for these Colonies by their respective Societies, may provide.

ARTICLE IV Of the Judicial Power S ECT. 1. The Judicial Power of the Government of Liberia shall be vested in a Supreme Court, to consist of the President of Liberia and the Governors of the several

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Colonies, and in such other Courts as the Congress may establish by law; and shall extend to all cases arising under this Constitution of Government, and the treaties and laws made in conformity therewith; to all cases in which controversies shall7 arise between citizens of other nations, or between such citizens and the colonists, to all cases in which controversies may exist between the Colonies themselves, and to all cases wherein the rights or privileges of any minister, diplomatic agent, or representative of any of the African tribes may be involved. S ECT. 2. In all cases between the Colonies themselves, or which may threaten to disturb the peaceful relations between Liberia and other nations, or the several African tribes, the Supreme Court shall have original jurisdiction. In all other cases it shall have appellate jurisdiction only. S ECT. 3. The decisions of the Supreme Court shall be conclusive evidence of the construction of the Constitution, treaties, and laws, and with the treaties and acts of the8 Congress shall have paramount authority to the acts of the several Colonial Legislatures and the decisions of their Courts; from the latter an appeal may be taken whenever those decisions involve the construction of any treaty, act of Congress, or prior decision of the Supreme Court of Liberia.

ARTICLE V S ECT. 1. The assent of all the parties thereto, shall be necessary to any amendments of this Constitution; and the American Colonization Society shall have power to provide the mode of ascertaining and proclaiming such assent to any future amendment. The citizens of the several Colonies shall be entitled in every Colony to all the rights, privileges and immunities of the citizens of such Colony.

FAILED C ONSTITUTION OF L IBERIA (1837) No order of nobility, nor hereditary political distinction of any sort shall be admitted in any Colony. No law shall be passed abridging the liberty of speech or of the press, nor any preference be given to one religious creed, institution, or denomination, over any other; but every person shall be allowed to worship God according to the dictates of his own conscience. No law shall be passed to prevent the people from peaceably assembling to petition for a redress of grievances; nor shall any religious test be enacted as a qualification for office. The property of no person shall be taken for public use, without just compensation; and in all criminal cases the trial by jury shall be preserved inviolate. The writ of habeas corpus shall not be suspended except in time of actual invasion or insurrection, and the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched

and the persons or things to be seized. 1

Verified by The Twentieth Annual Report of the American Society for Colonizing the Free People of Colour of the United States, Washington, James C. Dunn, 1837, 53–59. Checked against the versions as published in the African Repository and Colonial Journal, 13 (1/1837), 75–79, in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 552–558, and in the American Journal of International Law, vol. 4, No. 3, Supplement: Official Documents, 1910, 193–198. This 1837 printed draft Plan of Union was inspired by concerns for security and wellbeing of the colonists. The select committee of the ACS Board which drafted the document drew upon the experience of European settlements in Africa. They borrowed ideas from the American Articles of Confederation, as well as the Constitution of 1787. This document contains provisions that were later incorporated in the Constitution of the Commonwealth. The Plan of Union provided all organs of a federal state, with a bill of rights. The draft was recommended for adoption by the associated Auxiliary Colonization Societies of New York, Pennsylvania, and the State Colonization Society of Maryland. It failed of adoption. 2 In Huberich, I, 553, “Legislature”. 3 In American Journal, 195, “or of”. 4 Ibid., “a”. 5 Ibid., 196, word missing. 6 Ibid., “sum”. 7 Ibid., 197, word missing. 8 Ibid., word missing.

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Failed Articles of Association, Liberia (1838)

Articles of Association Between and among the Colonies of Liberia, being Colonies of free coloured persons from the United States of America on the western coast of Africa1

1. The style of the Association shall be the Associated Colonies of Liberia in West Africa. 2. Any colony composed of free coloured persons from the United States of America, may become a member of this association if its legislative authority adopt these articles, and notify the fact to the legislative authorities of the older members of the association. 3. There shall be perpetual peace and friendship between and among the associated colonies of Liberia in West Africa. Each of them for itself renounces the right of making war upon each or any of the others. Any differences which may arise between them shall be referred to the arbitration of the convention of delegates hereinafter spoken of, or of all or some of the associated colonies, and the award made by such arbitrators2 shall be final, and the faith of each of the associated colonies is hereby pledged to abide by the same. 4. The associated colonies of Liberia in West Africa shall have a common flag, which shall be that now used by the colonies in Liberia and Maryland in Liberia, until the convention of delegates hereinafter mentioned shall otherwise provide. 5. The associated colonies hereby adopt the decimal currency of the United States of

America as the currency of the said associated colonies and each of them. 6. Fugitives from justice in any of the associated colonies, shall be given up by any other of them upon the demand of the principal executive authority of one colony upon the principal executive authority of another, accompanied by a proof of the crime and of the identity of the criminal. The executive of each colony shall have authority to issue a warrant for the arrest of any such fugitive. No person shall be accounted a fugitive from justice, unless at the time of committing the offence he was personally and actually within the jurisdiction of the colony, whose laws he is charged with violating – a mere constructive presence shall not be sufficient. 7. Full faith and credit shall be given in each of the aforesaid colonies, as well in courts of justice as elsewhere, to the legislative and judicial records of each of3 the other colonies, which, when produced on evidence, shall have the same effect in any other colony as in the colony in which it may originate. The proof of a record shall be a copy of it attested by the proper officer, to which shall be attached a certificate from the governor or chief magistrate of the colony that the said certificate is in due form of law, and by the proper officer. 8. The citizens of each of the associated colonies shall have in each of the other as-

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L IBERIA sociated colonies all the rights of citizens, except the right of suffrage and such other rights as are necessarily connected with residence. They shall also have the privilege of becoming residents of any of the colonies at their pleasure, and shall be admitted to the rights of the resident citizens upon the easiest terms upon which the most favoured class of persons are so admitted. 9. Slavery and involuntary servitude, except involuntary servitude for a limited time as the punishment of crimes, shall be forever unlawful in each and all of the associated colonies. 10. The slave trade shall be forever unlawful in each and all of the associated colonies. They each hereby yield to each of the others, the right of search for ascertaining whether a vessel is engaged in slave trade, and of capturing and condemning as prize any such vessel belonging to any of the citizens of any of the associated colonies, which may be so engaged, together with her whole cargo. The presence of a slave on board any such vessel shall not be necessary to constitute or prove her a slave-trader, if the proof of the intention to take slaves on board can be otherwise satisfactorily made out. 11. Each of the associated colonies by adopting these articles, recognizes4 the law of nations as understood by the civilized nations of Europe and America, as binding upon it and upon its courts of justice and citizens individually. 12. Each of the associated colonies by adopting these articles, adopts the admiralty and maritime law, as understood and practised in the courts of the United States of America, as well in prize causes, or other, as its admiralty process to the enforcement of the revenue laws, and the laws for the suppression of the slave trade.

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13. Every vessel arriving at any port, within any of the associated colonies, for the purpose of trade, or of delivering goods, wares, or merchandise, shall be entered upon the books of the custom-house of such port, and it shall not be lawful to sell or land any part of her cargo until such entry has been made, and the duties hereinafter imposed paid upon the goods so landed or sold, under penalty of forfeiting the goods so landed or sold, and also the vessel, if the amount of the goods so landed or sold shall exceed five hundred dollars. 14. In order to make an entry under the provisions of the last preceding article, it shall be necessary for the master of the vessel to deliver to the collector, or other proper officer, a manifest or manifests in writing, verified by affirmation, and signed by him, containing a list of his whole cargo, with the name or names of the port or ports, place or places, where goods in such manifests, as mentioned, shall have been respectively taken on board, and the port or ports, place or places, for which the same are respectively destined, and the name, description and tonnage of such vessel, and the nation to which she belongs, and flag under which she sails, and the name5 of all consignees of any part of the cargo resident within such colony. 15. It shall not be lawful for any merchant vessel to sail from any of the ports of the associated colonies, without obtaining from the collector or other proper officer, a clearance in the following – (insert usual form of clearance in the United States.) No such clearance shall be granted until the requisitions of the revenue laws shall have been complied with. 16. All goods, wares and merchandize, imported, landed or sold in any of the associated colonies, shall pay duties after such

FAILED A RTICLES OF A SSOCIATION , L IBERIA (1838) rates as the colonial legislature may have imposed.

be binding on them all, and until so adopted shall be binding on none.

17. Each colony may enact such revenue laws and regulations consistent with the provisions of these articles, as it may deem proper.

22. The supreme legislative authority in each colony, may from time to time suspend within8 its own jurisdiction, the operation of the thirteenth and fourteenth article9 aforesaid, until such time as this article may be abrogated in the manner prescribed in the twenty-first article.

18. All persons and vessels violating the revenue laws of any of the associated colonies, may be arrested or attached and proceeded against in the courts of any of the other colonies, in the same manner as in those of the colony whose laws have been violated. 19. These articles shall be binding on each colony which adopted them, provided they are adopted by at least two, and they shall be considered as the supreme law of the land in every place in which they are binding. The mode of adoption shall be by the action of the supreme legislature in each colony. 20. No change shall be made in these articles, or any of them, or in any of the laws, or obligations which they impose, by any of the associated colonies without the unanimous assent of all. 21. There shall be a convention of delegates held from time to time for the purpose of revising these articles, in which each of the colonies shall have an equal voice, or one6 vote, to be entrusted to so many delegates as its supreme legislature may think proper. The convention shall not meet oftener than once in three years, or seldomer than once in four years. Each convention shall by a plurality of colonial voices or votes, fix the time and place of the next meeting. It may also decide by a majority of votes, differences between the colonies referred to it. It shall have no other authority except to propose alterations7 in these articles to the legislatures of the several colonies, which when adopted by the legislatures of all the associated colonies, and not before, shall

23. The terms legislative authority and supreme legislature throughout the articles, are to be understood as applying in the first instance to the society or board in the United States, which exercises legislative powers over any colony; and whenever such society, or board, renounces its authority, and it passes over to a legislative body in Africa, then and not before, to such local legislature. 1

Verified by Maryland Colonization Journal, I, 103. Checked against the versions as published in The African Repository, and Colonial Journal, vol. 15, (12/1839), 206–207, and in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 561–564. Spelling, capitalization, and punctuation as in the Maryland Colonization Journal. With failure of the Plan of Union due largely to the opposition of the Maryland State Colonization Society, a Convention of all Societies resolved the appointment of a representative Committee “to prepare a general plan for the commercial concerns of the Colonies and their mutual intercourse and harmony” (Huberich, 560). The “Articles of Association” was the plan submitted by the Committee. The plan was not adopted. Dissentions and rivalries between the Colonies continued, as well as controversies with British and French traders in West Africa. Agitation for revision of the fundamental laws persisted. While the eventual result was the establishment of the Commonwealth of Liberia, this came about following the rejection of the 1838 “Monrovia Draft” (q.v.), and the adoption in 1839 of the Constitution of the Commonwealth (q.v.). See Huberich, I, 561–564. 2 In Huberich, I, 561, “arbitrations”. 3 Ibid., 562, without “each of”. 4 Ibid., “recognize”. 5 In African Repository, 207, “names”. 6 In Huberich, I,564, “any”. 7 Ibid., “alteration”. 8 Ibid., “with”. 9 In African Repository, 207, “articles”.

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Monrovia Draft of a Constitution of Liberia (1838)

Constitution of Liberia1

PREROGATIVES OF THE SOCIETY Article I S ECT. 1. The American Colonization Society shall have supreme power in the territory now owned by them in Africa, or that may hereafter be acquired, until it shall withdraw its supervision, and deliver the whole to the people of the aforesaid colony; subject however to this constitution, and the chartered rights of the people. S ECT. 2. The governor appointed by the society resident in the colony, shall have control over all property, of whatever species, or denomination, belonging to the American Colonization Society, in Africa. S ECT. 3. The Colonization Society shall have sole power of appointing the governor of the colony, until it shall think proper to grant to the people of this commonwealth the power of appointing their own governor. S ECT. 4. The board of managers of the American Colonization Society shall have sole power to try all impeachments of the Governor of its own appointment for malversation in office; in cases of conviction, the person so convicted shall not be competent to hold any office of trust, honor, or emolument under this government. The privilege, however, is not to be construed to extend to the infraction of the law of the land, or violation of the property or persons of the citizens.

S ECT. 5. All officers whose appointment is not provided in this constitution, shall be appointed by the governor; and in case of the death, resignation, or absence of any officer, the governor shall have power to fill such vacancy by granting a commission which shall expire at the return of the regular term of appointment, unless such vacancy be otherwise provided for in this constitution.

RIGHTS AND IMMUNITIES OF THE PEOPLE Article II S ECT. 1. All persons born in the territory held by the American Colonization Society in Africa, shall be free. S ECT. 2. All colored persons arriving in the colony being or becoming twenty-one years of age, and having taken the oath prescribed by the law, shall be entitled to the privileges of citizens of the colony. S ECT. 3. None but colored persons shall2 become citizens of this colony.

Article III There shall be no slavery in the colony.

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Article IV S ECT. 1. The civil officers of the colony shall be appointed annually. The polls for the general election of the colony shall be opened on the first Tuesday in December in every second year, and continue open two successive days in the different settlements. Elections shall be organized by the high sheriff, by the appointment of one president, two judges and two clerks in each settlement. All officers shall enter upon duty the first day of January. S ECT. 2. Elections shall be by ballot; and the qualifications of a vote shall be First, That the individual be a qualified citizen, according to the second article of this constitution. Secondly, That he be possessed of real property in his own right to the value twentyfive dollars. Thirdly, That3 he has regularly paid all general taxes imposed upon him by law; and Fourthly, Must have remained in the colony at least one year after he has taken the oath of allegiance.

Article V S ECT. 1. The colonial officers eligible by the suffrage of the freeholders, are for the colony, a lieutenant governor and six councilors. The lieutenant governor shall be elected for term of two years, and shall not be again eligible until the expiration of two years after he has been out of office. S ECT. 2. The qualifications necessary to render persons eligible to any of the elective officers4 of the colony, are declared to be the same as those for voters, excepting for the offices of lieutenant governor, sheriff, collector, and treasurer. Eligibility to these offices shall require the candidates to have remained in the colony at least two years after taking the oath of allegiance; and moreover, to be possessed of real estate in their own right to the value of two hundred and fifty dollars.

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S ECT. 3. The judiciary shall be separate and distinct from the executive and legislative departments. S ECT. 4. The legislature shall consist of the governor, lieutenant governor5 and six councilors, who shall meet on the first Monday in January and July of each year, and at such other times as the governor, or in his absence, the lieutenant governor shall deem expedient. S ECT. 5. The governor, or in his absence, the lieutenant governor, shall preside in all the meetings of the legislature, except in cases6 of impeachment. They shall have power to levy7 taxes, impose duties, make appropriations of public monies, fix the salaries of all of the officers, to be paid out of the funds to be raised in the colony, and enact such laws as they may deem necessary for the general welfare; subject however, to the approval of the board of managers of the8 Colonization Society. S ECT. 6. All men have a natural and inalienable right to worship Almighty God according to the dictates of their own consciences. – No man shall be injured or molested in his person or estate for worshipping God in the manner and season most agreeable to his own conscience, provided he does not infract the peace. Nor shall any man be injured or molested for his religious sentiments, provided they are not subversive of the constitution. There9 shall never be any religious establishment patronized to the exclusion of others. All sects and denominations shall be equally entitled to the protection and favor of this government. No religious test shall be demanded as a qualification for office or trust. No interference of the civil power shall ever be permitted with the modes and regulations of10 any sect or denomination, unless those modes and regulations should be subversive of the public peace.

M ONROVIA D RAFT OF A C ONSTITUTION OF L IBERIA (1838) S ECT. 7. The freedom of the press shall never be restrained: all persons may freely write and publish their sentiments, being responsible for the abuse of that liberty. S ECT. 8. All persons shall be secure in their persons, papers, houses and possessions from illegal detention and searches. No warrant to seize any person or thing, nor to search any place shall be granted without probable cause supported by oath. S ECT. 9. The people have always a right to assemble and consult in a peaceable manner for11 their common good; to recommend to the rulers12 any measures they may think conducive to their welfare; to request the repeal of injurious and vexatious laws, and apply for the redress of grievances. S ECT. 10. The right of trial by jury shall be always allowed. The qualifications of jurors, and the manner of summoning them, to be determined from time to time by the legislature. S ECT. 11. No person shall be arrested or detained, except in cases ascertained by law, and according to the forms which the law shall provide: and no person shall be punished but in virtue of a law made and promulged prior to the commission of the offence.

S ECT. 14. No expost15 facto law shall be made, nor laws impairing the obligation of contracts. S ECT. 15. No person’s property shall be taken for public uses, unless a fair equivalent be given therefor. S ECT. 16. No power of suspending laws shall be exercised, except that which enacted them. S ECT. 17. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. All persons before conviction, except for capital offences, when the proof is evident, shall be bailable by sufficient securities. S ECT. 18. The benefit of the writ of habeas corpus shall be denied to none, except in cases in which it would be manifestly injurious to the public safety to grant it. S ECT. 19. No office shall be created in the colony, the appointment to which shall be longer than during good behaviour, or competency to discharge the appropriate duties thereof.

JUDICIARY Article I

S ECT. 12. No person shall be compelled to give evidence against himself; nor shall any one13 be deprived of life, liberty, or property, but by due course of law. In all criminal prosecutions, the criminal has a right to be heard by himself and counsel; to demand and obtain cause of accusation and to have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witness14 in his favor, and to obtain a speedy trial. S ECT. 13. No person shall be put twice in jeopardy of life and limb for the same crime.

S ECT. 1. The judicial power of the colony shall be vested in one superior court, court of monthly sessions, and such other courts as the legislature may from time to time create, and in a competent number of justices of the peace. S ECT. 2. The superior court shall consist of one judge, to be appointed by the governor with advice of the16 council: – he shall not be less than thirty years of age, and shall hold his office during good behaviour. At each session of the court he shall be

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L IBERIA associated with two magistrates, not interested in the case before the court, to be summoned by the sheriff. S ECT. 3. The superior court shall hold its sessions quarterly, in the town of Monrovia, on the second Monday in January, April, July, and October in each year; and shall have original jurisdiction in all actions of debt, and civil suits in which the amount in litigation shall exceed the sum of one hundred dollars; and appellate jurisdiction in all actions of debt and civil suits in which the amount shall exceed twenty dollars; and in all criminal cases above the degree of petit larceny; and final jurisdiction in all cases whatsoever.

Article II S ECT. 1. This court of monthly sessions shall be composed of three magistrates, one of whom shall preside by appointment of the governor. This court shall sit on the first Monday in every month in Monrovia. Similar courts, having the same jurisdiction and powers, may be established in each or any of the different townships, counties, districts, or hundreds into which the colony is now, or may hereafter be divided, at the discretion of the legislature. S ECT. 2. This court shall have original jurisdiction in all actions of debt in which the amount in litigation shall exceed the sum of twenty dollars; and in all criminal cases above the degree of petit larceny17 ; appellate18 and final jurisdiction in all actions of debt in which the amount shall not exceed twenty dollars; and in all19 criminal cases of the degree of petit larceny. This court shall also have original jurisdiction in civil causes20 , such as slander, defamation of character, &c. A clerk and crier, and such other officers as may be required, shall be appointed by each court annually.

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S ECT. 3. Each magistrate shall have original jurisdiction in all cases of debt less than twenty dollars; in all cases effecting the public peace; and in all criminal cases within the definition of petit larceny. In every case appeals may be had from the21 decisions of the justice or justices to the court of monthly sessions.

EXECUTIVE Article I S ECT. 1. The executive power of the colony shall be vested in a governor, to be styled Governor of the Colony of Liberia. It shall be his duty to see that all the laws of the colony are faithfully executed, and shall have the surveillance of all the officers of the colony. S ECT. 2. The governor shall be commander-in-chief of the military and naval forces of the colony. S ECT. 3. In the absence or disability of the governor, the lieutenant governor shall exercise all the functions of the office of governor.

Article II S ECT. 1. Impeachments of the governor for violation of this constitution, or oppression of the people, shall only be made by the legislature, over which the judge of the superior court shall preside when in session for that purpose. S ECT. 2. In cases of like misconduct on the part of the lieutenant governor as that mentioned in the preceding section, or an attempt to subvert the authority of the governor by exciting sedition,22 insubordination, or by arrogating authority not delegated to him by this constitution, the same course shall be pursued by order of the governor to

M ONROVIA D RAFT OF A C ONSTITUTION OF L IBERIA (1838) bring him to trial, and the legislature may, if they think it proper, suspend him from office. S ECT. 3. The commonwealth’s attorney23 shall present and prosecute all impeachments of the public officers of the colony.

Article V No alteration shall be made in this constitution, unless by the board of managers of the American Colonization Society. C OLIN T EAGE ,27

S ECT. 4. In the event of the death or removal of both the governor and lieutenant governor, the secretary of the colony shall issue an order to the high sheriff in five days after such an event, to call an election to take place within thirty days throughout the colony, of a person to fill the office of lieutenant governor for the time being. Till such extra election shall take place, the secretary of the colony shall discharge the duties of the office. S ECT. 5. The collector, treasurer, register, and sheriff, shall be appointed by the governor and council, and shall be commissioned by the governor.

Article III The common law as in force and modified in the United States, and applicable to the situation of the people, shall be in force in the colony.

Article IV The secretary of the colony shall take charge of, and carefully keep all the papers, records, and archives of the colony generally; shall attend, and exactly record the doings of the governor and council; shall publish all the ordinances and legal enactments of the government;24 issue the governor’s orders, civil, military, and judicial, to the proper functionaries; deliver a fair copy of government papers necessary to be recorded to the register of the colony, and manage its internal correspondence on the part, and under the direction25 of the governor26 .

W ILLIAM H. TAYLOR , N ATHANIEL B RANDER , J AMES E DEN , A LEXANDER B ARTLETT, J ESSE PALEN , B EVERLY R. W ILSON , J AMES C. B ARBOUR , H ILARY T EAGE .28

1

Verified by Africa’s Luminary, Monrovia: M.E. Mission Press, March 15, 1839, 1–2 and checked against Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 639–646, whose source is the draft manuscript in the archives of the ACS. Spelling, capitalization, and punctuation as in Africa’s Luminary. Only a few years after the adoption of the Constitution of 1825, colonists’ demands for curtailing the powers of the ACS Board of Managers, coupled with the issue of the legal status of the settlements in the region, led to action being initiated in July 1838. The Board requested Lieutenant Governor Williams to consult the population relative to alterations in the Constitution extant. As consultations proceeded, sentiments developed for a full draft constitution for submission to the Board for consideration. It was prepared by a committee of “leading citizens” which included Hilary Teague (drafter of the Declaration of Independence), Nathaniel Brander (first vice president of independent Liberia), and B.R. Wilson (a signer of the Declaration of Independence). 2 In Huberich, I, 640, “shall ever”. 3 Ibid., word missing. 4 Ibid., “offices”. 5 Ibid., word missing. 6 Ibid., “case”. 7 Ibid., “lay”. 8 Ibid., 642, “American”. 9 Ibid., “They”. 10 Ibid., “or”. 11 Ibid., word missing. 12 Ibid., “their ruler”.

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21

Ibid., word missing.

14

22

Ibid., 645, “and” instead of a comma.

23

Ibid., “Commonwealth Attorney”.

24

Ibid., 646, “publish Government notices” inserted.

25

Ibid., “discretion”.

26

Ibid., “Government”.

27

Ibid., “Pres.”.

28

Ibid., “Clerk”.

Ibid., “anyone”. Ibid., 643, “witnesses”. 15 Ibid., “ex post”. 16 Ibid., word missing. 17 Ibid., “and in all criminal cases above the degree of petit larceny” missing. 18 Ibid., “and appellate”. 19 Ibid., word missing. 20 Ibid., “cases”.

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Constitution of Liberia (1839) Constitution of the Commonwealth of Liberia1

Adopted by the Board of Directors of the American Colonization Society, January 5, 1839.2

Bassa Cove, and Edina, to four representatives, to be apportioned8 among them by the Governor.

T HE A MERICAN C OLONIZATION S OCI ETY hereby grants to the colonies or settlements in Liberia3 , on the Western coast of Africa, under its care, the following Constitution:

A RT. 4. The representatives shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of the Council, and in going to or returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.

A RT. 1. The colonies or settlements of Monrovia, New Georgia Caldwell, Millsburg, Marshall, Bexley, Bassa Cove, and Edina, and such other Colonies hereafter established by this Society, or by Colonization Societies adopting the Constitution of the American Colonization Society, on the Western coast of Africa, are hereby united into one Government, under the name4 and style of the Commonwealth of Liberia.

LEGISLATIVE POWER5 A RT. 2. All legislative powers6 herein granted, shall be vested in a Governor and Council of Liberia; but all laws by them enacted shall be subject to the revocation of the American Colonization Society. A RT. 3. The Council shall consist of representatives to be elected by the people of the several colonies or settlements, and shall be apportioned7 among them according to a just ratio of representation. Until otherwise provided, Monrovia, New Georgia, Caldwell, Millsburg, shall be entitled to six representatives; and Marshall, Bexley,

A RT. 5. Until otherwise provided by law, the Governor shall appoint and publish the times, places, and manner of holding elections, and making returns thereof, and the time for the meeting of the Council. A RT. 6. The Governor shall preside at the deliberations of the Council, and shall have a veto on all their acts.9 A RT. 7. A Colonial Secretary shall be appointed by the Governor; and it shall be the duty of such Colonial Secretary to record in a book or books, all the official acts and proceedings of the Governor, of the Council, and of the Governor and Council: to secure and preserve the same carefully; and to transmit a copy of each of such acts or proceedings to the American Colonization Society, from time to time. Provided, however, that such acts and proceedings be so transmitted at least once a year. A RT. 8. A Great Seal shall be provided for the Commonwealth of Liberia, whereby the official and public acts of the Governor shall be authenticated; and the custody of

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L IBERIA the said10 seal shall be committed to the Colonial Secretary. A RT. 9. The Governor and Council shall have power to provide a uniform system of military tactics and discipline: to provide for organising11 , arming and disciplining the militia12 , and for governing such part of them as may be employed in the service of the Commonwealth: To declare war in self-defence: To make rules concerning captures on land and water: To make treaties with the several African tribes, and to prescribe rules for regulating the commerce between the Commonwealth of Liberia and such tribes; except that all treaties for the acquisition of lands shall be subject to the approval of the American Colonization Society: To prescribe uniform rules of naturalization for all persons of color. All13 persons now citizens of any part of the Commonwealth of Liberia shall continue to be so, and all colored persons emigrating from the United States of America, or any District or Territory thereof, with the approbation, or under the sanction of the American Colonization Society; or of14 any society auxiliary to the same, or of any state Colonization Society in the United States, which shall have adopted the Constitution of the American Colonization Society, shall be entitled to all the privileges of citizens of Liberia; except the same shall have been lost or forfeited by conviction of some crime.

EXECUTIVE POWER A RT. 10. The Executive power shall be vested in a Governor of Liberia, to be appointed by, and to hold his office during the pleasure of, the American Colonization Society.

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A RT. 11. The Governor shall be Commander-in-Chief of the Army, of the Navy, and of the Militia15 of the Commonwealth; he shall have power to call the Militia16 , or any portion thereof, into actual service whenever the public exigency17 shall require; and he shall have the appointment of all military and naval officers, except the captains and subalterns of militia18 companies, who may be elected by their respective companies. A RT. 12. The lands19 owned by the Society, and all other property belonging to the Society, and in the Commonwealth, shall be under the exclusive control of the Governor and such agents as he may appoint under the direction of the Society. A RT. 13. The Governor, with the advice and consent of the Council, shall appoint all officers, whose appointment or election is not otherwise specially provided for in this Constitution. A RT. 14. There shall be a Lieutenant Governor, who shall be elected by the people in such manner as shall be provided by law20 . He shall exercise the office of Governor, in case of a vacancy in that office, occasioned by the Governor’s death or resignation, or in case the Governor shall delegate to him the temporary authority of Governor during the Governor’s absence or sickness.

JUDICIAL POWER A RT. 15. The judicial power of the Commonwealth of Liberia shall be vested in one Supreme Court, and in such inferior Courts as the Governor and Council may, from time to time, ordain and establish. The Governor shall be, ex officio, Chief Justice of Liberia, and as such shall preside in the Supreme Court, which shall have only appellate jurisdiction. The Judges, both of the

C ONSTITUTION OF L IBERIA (1839) Supreme and inferior Courts, except the Chief Justice, shall hold their offices21 during good behaviour. A RT. 16. A code or uniform system of civil and criminal law22 , shall be provided by the American Colonization Society for the Commonwealth of Liberia. A RT. 17. The present criminal laws in force in the several colonies or settlements now forming the Commonwealth of Liberia, and such others as may from time to time be enacted, shall constitute the criminal code of the Commonwealth. Such parts of the common law as set forth in Blackstone’s Commentaries, as may be applicable to the situation of the people, except as changed by the laws now in force, and such as may hereafter be enacted, shall be the civil code of law for the Commonwealth.

Miscellaneous A RT. 18. A great seal shall be provided for the Colonies, whereby the official and public acts of the Governor shall be authenticated; and the custody thereof shall be committed to the Colonial Secretary.23 A RT. 19. Until otherwise provided by law, the Commonwealth of Liberia shall be divided into two counties, as follows: Monrovia, New Georgia, Caldwell, and Millsburg shall constitute one county, under the name of the county of24 Montserado25 ; and26 Bassa Cove, Edina, Bexley and Marshall, shall constitute the other county, under the name of the county of Grand Bassa. A RT. 20. There shall be no slavery in the Commonwealth. A RT. 21. There shall be no dealing in slaves by any citizen of the Commonwealth, either within or beyond the limits of the same.

A RT. 22. Emigration shall not be prohibited. A RT. 23. The right of trial by Jury, and the right of petition, shall be inviolate. A RT. 24. No person shall be debarred from prosecuting or defending any civil cause for or against himself or herself before any tribunal in the Commonwealth, by himself or herself or counsel. A RT. 25. Every male citizen of the age of twenty-one years, shall have the right of suffrage. A RT. 26. All elections shall be by ballot. A RT. 27. The military shall at all times and in all cases be in subjection to the civil power. A RT. 28. Agriculture, the mechanic arts, and manufactures, shall be encouraged within the Commonwealth; and commerce shall be promoted by such methods as shall tend to develope the agricultural resources of the commonwealth, advance the moral, social and political interests27 of the people, increase their strength, and28 accelerate and29 firmly establish and secure their national independence. A RT. 29. The standards of weight, measure and money, used and approved by the Government of the United States of America, are hereby adopted as the standards of weight, measure30 and money within the Commonwealth of Liberia. But the Governor and Council shall have the power to settle the value of the actual currency of the Commonwealth according to the metallic currency of the United States of America.

1

Verified by The African Repository and Colonial Journal, 15 (4/1839), 68–71. Checked against the versions as printed in the Liberia Herald, February 21, 1843, 14, Constitution and Laws of the Commonwealth of Liberia, Including an Abstract of Legal Principles

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L IBERIA and Rules, with an Appendix of Forms. Published by Order of the Legislative Council, Monrovia, Liberia: Hilary Teage, 1843, 1–3 (for a reprint see Huberich, Political and Legislative History, vol. 2, 1453–1458), and Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 649–654. Spelling, capitalization, and punctuation as in The African Repository. This document is the final Constitution of the Commonwealth of Liberia as adopted by the Board of Directors of the American Colonization Society, January 5, 1839. The Commonwealth initially consisted of the settlement of Montserrado (New Georgia, Caldwell, Millsburg, and Marshall) and Grand Bassa (Bexley, Bassa Clove, and Edina). Sinoe (earlier called “Mississippi in Africa”) joined the Commonwealth in 1841. The fourth coastal region (as opposed to the vast hinterland region, which was very slowly incorporated into the republic) was not a part of the Commonwealth, becoming a part of Liberia only in 1849. The fifth county of Maryland was incorporated into Liberia in 1857. The constitution was amended on January 24, 1840 (q.v.) and remained in force until 1847 (q.v.). 2 In Liberia Herald, and Constitution and Laws, 1, missing. 3 In Liberia Herald, and Constitution and Laws, 1, “in Liberia” missing. 4 In Liberia Herald, and Constitution and Laws, 1, “same name”. 5 In Liberia Herald, and Constitution and Laws, 1, missing. 6 In Liberia Herald, and Constitution and Laws, 1, “power”. 7 In Liberia Herald, and Constitution and Laws, 1,

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“appointed”. 8 In Liberia Herald, and Constitution and Laws, 1, “appointed”. 9 In Constitution and Laws, 1, Art. 6 as amended in 1840. 10 In Huberich, I, 651, word missing. 11 In Constitution and Laws, 1, “organization”. 12 In Liberia Herald, “malitia”. 13 Ibid., and Constitution and Laws, 2, “and all”. 14 In Constitution and Laws, 2, word missing. 15 In Liberia Herald, “malitia”. 16 Ibid., “malitia”. 17 In Constitution and Laws, 2, “emergency”. 18 In Liberia Herald, “malitia”. 19 Ibid., and Constitution and Laws, 2, “land”. 20 In Constitution and Laws, 2, “in such manner as shall be provided by law” missing. 21 In Liberia Herald, and Constitution and Laws, 2, “office”. 22 In Liberia Herald, and Constitution and Laws, 2, “laws”. 23 In Constitution and Laws, 3, Art. 18 missing, subsequent articles numbered wrongly. 24 In Liberia Herald, and Constitution and Laws, 3, “the county of” missing. 25 In Constitution and Laws, 3, “Montserrado”. 26 In Liberia Herald, and Constitution and Laws, 3, word missing. 27 In Liberia Herald, and Constitution and Laws, 3, “interest”. 28 In Constitution and Laws, 3, word missing. 29 Ibid., word missing. 30 In Liberia Herald, “measures”.

Amendment of 1840 [Amendment of 1840]1

Resolved, unanimously by the Board of Directors that the 6th Article of the Constitution of the Commonwealth of Liberia, shall be, and the same is hereby amended, by adding thereto the following; “provided nevertheless, that if two thirds of all the members elected to serve in the Council shall concur in passing a bill or resolution notwithstanding the veto of the Governor, the same when so passed shall become a law, and have effect as such.” So that the Article as amended shall read as follows, “The Governor shall preside at the deliberations of the Council, and shall have a veto on all their acts; provided nevertheless, that

if two thirds of all the members elected to serve in the Council shall concur in passing a bill or resolution, notwithstanding the veto of the Governor, the same when so passed shall become a law and have effect as such.” 1

Verified by the manuscript of the Papers of the American Colonization Society (ACS), Minutes of Proceedings of the Board of Managers, vol. 3, 436–437, as preserved at the Library of Congress, Manuscripts Division. Also reproduced in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 1, 656. The amendment was proposed on April 5, 1839, and adopted by the Board of Directors on January 24, 1840.

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Plan of Civil Government (1841) Plan of Civil Government For the Colony of Liberia1

PREAMBLE The necessity of a mild, just, and efficient civil government for the preservation of individual and political rights among any people, and the advancement of true prosperity, induces the Board of Managers of the American Colonization Society to adopt, after mature consideration, the following system of government for the proper regulation of public affairs in the Colony of Liberia:

ARTICLE I Power of the Agent The Agent of the American Colonization Society, resident in the Colony, possesses within the same, sovereign powers, subject only to the Constitution, the chartered rights of the citizens, and the decisions of the Board.

ARTICLE II Voters' Qualifications All male colored people, who have subscribed the oath to support the constitution, and drawn, and not forfeited lands in the Colony, shall be entitled to vote for, and eligible, to, the civil offices of the Colony.

ARTICLE III Annual Elections The civil officers of the Colony shall be appointed annually; and the polls for the

general annual election of the Colony shall be opened on the last Tuesday in August, and continue open not more than three nor less than two successive days, in the different settlements. Elections shall be organized by the appointment in each settlement of a president, two judges, and two clerks.

ARTICLE IV Colonial Officers eligible by the People The colonial officers eligible by the annual suffrage of the holders, in which the Agent has the right to interpose his negative, assigning to the voters, in time to renew their choice at the same election, his2 reasons for such interposition, are, for the Colony, a Vice-Agent; two Councillors; a high Sheriff; a Secretary; a Register; and a Treasurer: and for each of the settlements, consisting of not less than sixty families, two Commissioners of Agriculture; two Commissioners to form a Board of Health; and two Censors.

ARTICLE V Duties of the Vice-Agent The Vice-Agent shall be admitted to the councils of the Agent in all important matters, and shall express an opinion on all questions submitted to his consideration. He shall aid the Agent in the discharge of his various duties; and in the support and

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L IBERIA execution of the laws. In the event of the Agent's absence or sickness, the Vice-Agent shall become the general superintendent of public affairs.

ARTICLE VI Council The Vice-Agent, with the two Councillors, shall constitute a Council, who shall meet, when requested by the Agent, to deliberate on the interests of the Colony, and the measures to be taken for their security and advancement. The Vice-Agent shall also advise with the other members of the Council, on any subject connected with the general welfare, as often as he shall think proper; and report the result to the Agent, if present, or act upon the same in case of his absence.

ARTICLE VII Duty of Councillors The duty of the Councillors shall be to aid the Agent, or Vice-Agent, with their advice and council, on subjects relating to the general welfare of the Colony, whenever thereto requested by either.

ARTICLE VIII Duties of Sheriff The High Sheriff shall, either by himself or his deputies, aid in the organization of elections; act as Marshal for the government of the Colony; execute all processes, judgments, and commands of the Court of Sessions; and perform, generally, the services required of the same officer by the common law of England and the United States.

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ARTICLE IX Duties of Secretary The Secretary of the Colony shall take charge of, and carefully keep, all the papers, records, and archives of the Colony, generally; shall attend and exactly record the doings of the Agent in Council; shall publish all the ordinances and legal enactments of the Government; publish Government notices; issue the Agent's order, civil, military, and judicial, to the proper functionaries; cause a fair copy of Government papers, necessary to be recorded, to be delivered to the Register of the Colony; and manage its internal correspondence on the part, and under the direction, of the Agent.

ARTICLE X The Register shall record all documents and instruments relating to the security and title of public or individual property; Government grants, patents, licenses, contracts, commissions, and all other papers which are properly matter of record, and to which the government of the Colony shall be a party. Every volume of records, when compiled, shall be delivered by the Register to the Secretary of the Colony, for preservation among the archives of the Colony.

ARTICLE XI The Treasurer of the Colony shall receive and safely keep all the moneys and public securities required by law or the judgment of courts to be deposited in the public Treasury; and shall deliver up, and pay over the same, only to a requisition signed by the Agent, or Vice-Agent of the Colony; to whom he shall render a statement of the public finances on the Monday preceding the annual election of the Colony.

P LAN OF C IVIL G OVERNMENT (1841)

ARTICLE XII

ARTICLE XIV

Commissioners of Agriculture – Duties of each of the Committees

Judiciary – Court of Sessions – Constables – Clerk and Crier – Auctioneer – Storekeeper – Librarian – Commissary of Ordinance – Instructors of Schools – Custom, Port, Infirmary, Medical, Guard, and Police, Officers – Measurers – Inspectors – Appraisers

The Commissioners of Agriculture shall report, and serve as the organ of the Government, on all subjects relating to the agriculture of the Colony. The Commissioners composing the Board of Health, shall report and serve as the organ of the Government, on all subjects relating to the health of the Colony; shall ascertain the proper objects of medical attendance; report nuisances prejudicial to the public health, and superintend their removal, and make themselves, generally, active in diminishing the sufferings and dangers of the settlers, caused by sickness. Each of these committees shall record, for the future use of the Colony, all important observations relating to the subjects of their charge.

ARTICLE XIII Duty of Censors The two Censors shall act as conservators of the public morals, and promoters of the public industry; and be obliged to all the duties, and invested with all the legal powers, or whatever relates to the public morals and industry, which are by law required of, and possessed by, Grand Juries, in such parts of the United States as recognise such ––––– to their magistracy. It shall be the especial duty of these officers to ascertain in what way every person in their proper districts acquires a livelihood; to report or present idlers, detect vicious or suspected practices; and present for legal investigation and cure any actual or probable evils, growing out of the immoralities or idleness, either of a portion of the community or of individuals.

The Judiciary of the Colony shall consist of the Agent and a competent number of justices of the peace, created by his appointment. The justices shall have cognizance of all cases affecting the peace; of criminal cases, within the definition of petit larceny; and all actions of debt not exceeding twenty dollars. In the court of monthly sessions, whether acting as a court of law or a court of equity, the Agent or Vice-Agent shall preside, and the justices be his associates. The Court of Sessions shall have original jurisdiction in all actions of debt, in which the amount in litigation shall exceed twenty dollars; and in criminal cases, above the degree of petit larceny; and shall have appellate jurisdiction in all civil causes whatsoever. The requisite number of Constables for the Colony shall be appointed by the Agent, annually. A Clerk and Crier of the Court of Sessions shall also be appointed by the said court annually. An Auctioneer, who shall conduct all auction sales, except those of the Sheriff and Constables, in pursuance of the judgment of the courts of the Colony, shall also be created by annual appointment of the Agent. A Storekeeper, Librarian, Commissary of Ordinance, to be appointed by the Agent, shall be respected and obeyed in matters belonging to their respective functions as officers of the Colony. Instructors in all schools having the sanc-

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L IBERIA tion of public charter, or participating in any degree in the public funds, shall be appointed and employed by the regular School Committees of the Colony; but only with the Agent's approbation and concurrence. All Custom, Port, Infirmary, Medical, Guard, and Police Officers, not appointed by the Managers of the Colonization Society, and whose services are required and defined by the laws of the Colony, together with the public Measurers, Inspectors, and Appraisers, shall be appointed by the Agent of the Colony.

ARTICLE XV Militia, how organised – Chartered Corps – Essential Military Charters – General Officers – Courts Martial The Militia of the Colony shall consist wholly of such uniformed volunteer corps as shall obtain charter under the Government of the Colony; of which charters the following shall be the fundamental articles: 1. That the corps shall always comply with any requisition for their services, either wholly or in part, made by the Executive Government of the Colony. 2. That the corps shall ever preserve and hold itself, and its arms and equipments, in

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a state of readiness for actual service, at the shortest notice. 3. That its officers be commissioned by the Agent, &c. 4. That it shall muster, parade, and serve in the line of the Colony under general officers, when thereto required by the Executive Government. General officers shall be appointed by the Agent; and when especial reasons do not forbid, shall be taken from the officers of the several corps, and promoted according to rank and the seniority of their commissions. All military offences and delinquencies shall be tried by a general court martial, to be composed (except the officers and guard of the court) of commissioned officers, and to sit quarterly. A true copy: J. N. LEWIS, Colonial Secretary. Monrovia, April 1st, 1841.

1

Verified by Statute Laws of the Commonwealth of Liberia, and Plan of Civil Government, [Monrovia]: s. n., [1841], 13–16, (available on the internet at http://dlxs.library.cornell.edu/l/liberian/laws.html). Checked against the version as published in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 2, 1360–1365. 2 In Huberich, II, 1361, “has”.

Constitution of Liberia (1847) Constitution of the Republic of Liberia1

ARTICLE I Declaration of Rights The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it, with the power of enjoying in safety and tranquility, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness. Therefore, we the People of the Commonwealth of Liberia, in Africa, acknowledging with devout gratitude, the goodness of God, in granting to us the blessings of the christian religion, and political, religious, and civil liberty, do, in order to secure these blessings for ourselves and our posterity, and to establish justice, insure domestic peace, and promote the general welfare, hereby solemnly associate, and constitute ourselves a Free, Sovereign and Independent State, by the name of the Republic of Liberia, and do ordain and establish this Constitution for the government of the same. S ECT. 1. All men are born equally free and independent, and have certain natural, inherent and unalienable rights; among which, are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property and of pursuing and obtaining safety and happiness.

S ECT. 2. All power is inherent in the people; all free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness require it. S ECT. 3. All men have a natural and unalienable2 right to worship God, according to the dictates of their own consciences, without obstruction or molestation from others: all persons demeaning themselves peaceably, and not obstructing others in their religious worship, are entitled to the protection of law, in the free exercise of their own religion; and no sect of christians shall have exclusive privileges or preference, over any other sect; but all shall be alike tolerated; and no religious test whatever shall be required as a qualification for civil office, or the exercise of any civil right. S ECT. 4. There shall be no slavery within this Republic. Nor shall any citizen of this Republic, or any person resident therein, deal in slaves, either within or without this Republic, directly or indirectly. S ECT. 5. The people have a right at all times, in an orderly and peaceable manner, to assemble and consult upon the common good; to instruct their representatives, and to petition the government, or any public functionaries for the redress of grievances. S ECT. 6. Every person injured shall have remedy therefore, by due course of law; justice shall be done without sole3 denial or delay; and in all cases, not arising under

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L IBERIA martial4 law, or upon impeachment, the parties shall have a right to a trial by jury, and to be heard in person or by council5 , or both. S ECT. 7. No person shall be held to answer for a capital or infamous crime, except in cases of impeachment, cases arising in the army and navy, and petty offences, unless upon presentment by a grand jury; and every person criminally charged, shall have a right to be seasonably furnished with a copy of the charge, to be confronted with the witnesses against him, – to have compulsory process for obtaining witnesses in his favor; and to have a speedy, public and impartial trial by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself; and no person shall for the same offence, be twice put in jeopardy of life or limb. S ECT. 8. No person shall be deprived of life, liberty, property or privilege, but by judgment of his peers, or the law of the land. S ECT. 9. No place shall be searched, nor person seized, on a criminal charge or suspicion, unless upon warrant lawfully issued, upon probable cause supported by oath, or solemn affirmation, specially designating the place or person, and the object of the search. S ECT. 10. Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment6 inflicted. Nor shall the legislature make any law impairing the obligation of contracts; nor any law rendering any act punishable, in any manner in which it was not punishable when it was committed. S ECT. 11. All elections shall be by ballot and every male citizen, of twenty-one years of age, possessing real estate, shall have the right of suffrage.

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S ECT. 12. The people have a right to keep and bear7 arms for the common defence. And as in time of peace, armies are dangerous to liberty, they ought not to be maintained, without the consent of the legislature; and the military power shall always be held in exact subordination to the civil authority, and be governed by it. S ECT. 13. Private property shall not be taken for public use without just compensation. S ECT. 14. The powers of this government shall be divided into three distinct departments: Legislative8 , Executive, and Judicial; and no person belonging to one of these departments, shall exercise any of the powers belonging to either of the others. This section is not to be construed to include Justices of the Peace. S ECT. 15. The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this republic. The printing9 press shall be free to every person, who undertakes to examine the proceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write and print, on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. S ECT. 16. No subsidy charge, impost, or duties ought to be established, fixed, laid or

C ONSTITUTION OF L IBERIA (1847) levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature.

shall be, “It is enacted by the Senate and House of Representatives of the Republic of Liberia, in Legislature Assembled.”

S ECT. 17. Suits may be brought against the Republic in such manner, and in such cases as the legislature may, by law direct.

S ECT. 2. The representatives shall be elected by, and for the inhabitants of the several counties of Liberia, and shall be apportioned among the several counties of Liberia as follows: – The County of Montserrado shall have four representatives, the County of Grand Bassa shall have three, and the County of Sinoe shall have one; and all counties that shall hereafter15 be admitted in16 the Republic shall have one representative; and for every ten thousand inhabitants one representative shall be added. No person shall be a representative who has not resided in the county two whole years immediately previous to his election, and who shall not when elected, be an inhabitant of the county, and does not own real estate of not less value than one hundred and fifty dollars, in the county in which he resides; and who shall not have attained the age of twenty-three years. The representatives shall be elected biennially, and shall serve two years from the time of their election.

S ECT. 18. No person can, in any case, be subjected to the law martial, or to any penalties or pains, by virtue of that law, (except those employed in the army or navy, and except the militia in actual service,) but by the authority of the legislature. S ECT. 19. In order to prevent those who are vested with authority, from becoming oppressors, the people have a right at such periods, and in such manner, as they shall establish by their frame of government; – to cause their public officers to return to private life, and to10 fill up vacant places, by certain and regular elections and appointments. S ECT. 20. That all prisoners shall be bailable by sufficient sureties, unless, for capital offences, when the proof is evident, or presumption great: and the privilege and benefit11 of the writ of habeas corpus, shall be enjoyed in this Republic, in the most free, easy, cheap, expeditious and ample manner: and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.

ARTICLE II12 Legislative Powers S ECT. 1. The13 Legislative power shall be vested in a Legislature of Liberia, and shall14 consist of two separate branches. A House of Representatives and a Senate, to be styled the Legislature of Liberia; each of which shall have a negative on the other, and the enacting style of their acts and laws,

S ECT. 3. When a vacancy occurs in the representation of any county by death, resignation, or otherwise, it shall be filled by a new election. S ECT. 4. The House of Representatives shall elect their own Speaker and other officers; they shall also have the sole power of impeachment. S ECT. 5. The Senate shall consist of two members from Montserrado County, two from Bassa County, two from Sinoe County, and two from each county which may be hereafter incorporated into this Republic. No person shall be a Senator, who shall not have resided three whole years immediately previous to his election in the Republic of Liberia, and who shall not when elected, be

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L IBERIA an inhabitant of the county which he represents, and who does not own real estate of not less value than two hundred dollars in the county which he represents, and who shall not have attained the age of twentyfive years. The Senator for each county who shall have the highest number of votes shall retain his seat four years, and the one who shall have the next highest number of votes, two years; and all who are afterwards elected to fill their seats, shall remain in office four years. S ECT. 6. The Senate shall try all impeachments; the Senators being first sworn or solemnly affirmed to try the same impartially, and according to law; and no person shall be convicted but by the concurrence of two thirds of the Senators present. Judgment in such cases shall not extend beyond removal from office, and disqualification to hold an office in the Republic: but the party may be tried at law for the same offence. When either the President or Vice President is to be tried, the Chief Justice shall preside. S ECT. 7. It shall be the duty of the Legislature, as soon as conveniently may be, after the adoption of this constitution, and once at least in every ten years afterwards, to cause a true census to be taken of each town, and county of the Republic of Liberia, and a representative shall be allowed every town, having a population of ten thousand inhabitants, and for every additional ten thousand in the counties after the first census, one representative shall be added to that county, until the number of representatives shall amount to thirty; afterwards17 one representative shall be added for every thirty thousand. S ECT. 8. Each branch of the Legislature shall be judge of the election returns and qualifications of its own members. A majority of each shall be necessary to transact

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business, but a less number may adjourn from day to day and compel the attendance of absent members. Each house may adopt its own rules of proceedings, enforce order, and with the concurrence of two thirds, may expel a member. S ECT. 9. Neither house shall adjourn for more than two days without the consent of the other; and both houses shall always sit in the same town. S ECT. 10. Every bill or resolution which shall have passed both branches of the Legislature, shall before it becomes a law, be laid before the President for his approval, if he approves, he shall sign it, if not, he shall return it to the Legislature with his objections – if the Legislature shall afterwards pass the bill or resolution by a vote of two thirds in each branch, it shall become a law. If the President shall neglect to return such bill or resolution to the Legislature with his objections for five days after the same shall have been so laid before him – the Legislature remaining in session during that time, such neglect shall be equivalent to his signature. S ECT. 11. The Senators and Representatives shall receive from the Republic a compensation for their services to be ascertained by law; and shall be privileged from arrest except for treason, felony or breach of the peace, while attending at, going to, or returning from the session of the Legislature.

ARTICLE III Executive Power S ECT. 1. The Supreme Executive Power shall be vested in a President, who shall be elected by the people, and shall hold his office for the term of Two Years. He shall be Commander-in-Chief of the army and navy.

C ONSTITUTION OF L IBERIA (1847) He shall in the recess of the Legislature, have power to call out the Militia or any portion thereof, into actual service in defence of the Republic. He shall have power to make treaties, provided the Senate concur therein, by a vote of two thirds of the senators present. He shall nominate, and with the advice and consent of the senate, appoint and commission all Ambassadors, and other public Ministers and Consuls, Secretaries of State, of War, of the Navy, and of the Treasury, Attorney General, all Judges of Courts, Sheriffs, Coroners, Marshalls, Justices of the Peace, Clerks of Courts, Registers, Notaries Public, and all other officers of State civil and military, whose appointment may not be otherwise provided for by the Constitution, or by standing laws. And in the recess of the senate, he may fill any vacancies in those offices, until the next session of the senate. He shall receive all ambassadors and other public ministers. He shall take care that the laws be faithfully executed: – he shall inform the Legislature from time to time, of the condition of the Republic, and recommend any public measures for their adoption, which he may think expedient. He may after conviction, remit any public forfeitures and penalties, and grant reprieves and pardons for public offences, except in cases of impeachment. He may require information and advice from any public officer, touching matters pertaining to his office. He may on extraordinary occasions, convene the Legislature, and may adjourn the two houses whenever they cannot agree as to the time of adjournment. S ECT. 2. There shall be a Vice President who shall be elected in the same manner, and for the same term as that of the President, and whose qualifications shall be the same: He shall be President of the Senate, and give the casting vote when the house is equally divided on any subject. And in

case of the removal of the President from office, or his death, resignation, or inability to discharge the powers and duties of the said office; the same shall devolve on the Vice President; and the Legislature may by law provide for the cases of removal, death, resignation or inability, both of the President, and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. S ECT. 3. The Secretary of State shall keep the records of the State, and all the records and papers of the Legislative body, and all other public records and documents, not belonging to any other department, and shall lay the same when required, before the President or Legislature. He shall attend upon them when required and perform such other duties as may be enjoined by law. S ECT. 4. The Secretary of the Treasury or other persons who may by law, be charged with the custody of the public monies, shall before he receive such monies, give bonds to the State with sufficient sureties, to the acceptance of the Legislature, for the faithful discharge of his trust. He shall exhibit a true account of such monies when required by the President or Legislature, and no monies shall be drawn from the Treasury, but by warrant from the President, in consequence of appropriation made by law. S ECT. 5. All Ambassadors and other public Ministers, and Consuls, the Secretary of State, of War, of the Treasury and of the Navy, the Attorney General, and Post Master General, shall hold their offices18 during the pleasure of the President. A justices of peace19 , sheriffs, coroners, marshalls, clerks of courts, registers, and notaries public, shall hold their offices for the term of two years from the date of their respective

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L IBERIA commissions; but may be removed from office within that time by the President, at his pleasure: and all other officers whose term of office may not be otherwise limited by law, shall hold their offices during the pleasure of the President. S ECT. 6. Every civil officer may be removed from office by impeachment, for official misconduct. Every such officer may also be removed by the President, upon the address of both branches of the Legislature, stating their particular reason for his removal. S ECT. 7. No person shall be eligible to the office of President, who has not been a citizen of this Republic for at least five years; and who20 shall not have attained the age of thirty five years; and who is not possessed of unencumbered real estate, of the value of six hundred dollars.21 S ECT. 8. The President shall at stated times receive for his services, a compensation which shall neither be increased nor diminished during the period for which he shall have been elected: And before he enters on the execution of his office, he shall take the following oath or affirmation. I do solemnly swear, (or affirm) that I will faithfully execute the office of President22 of the Republic of Liberia, and will to the best of my ability preserve, protect and defend the constitution, and enforce the laws of the Republic of Liberia.

ARTICLE IV Judicial Department S ECT 1. The Judicial power of this Republic shall be vested in one23 Supreme Court, and such subordinate courts as the Legislature may from time to time establish. The Judges of the Supreme Court, and all other Judges of Courts, shall hold their

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office during good behaviour; but may be removed by the President on the address of two thirds of both houses for that purpose, or by impeachment and conviction thereon. The Judges shall have salaries established by law, which may be increased, but not diminished during their continuance in office. They shall not receive any other perquisits or emoluments whatever from parties or others, on account of any duty required of them. S ECT. 2. The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, or other public ministers and consuls, and those to which a County24 shall be a party. In all other cases the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Legislature shall from time to time make.

ARTICLE V Miscellaneous Provisions S ECT. 1. All laws now in force in the Commonwealth of Liberia and not repugnant to this25 constitution, shall be in force as the laws of the Republic of Liberia, until they shall be repealed by the Legislature. S ECT. 2. All judges, magistrates, and other officers now concerned in the administration of justice, in the commonwealth of Liberia, and all other existing civil and military officers therein, shall continue to hold and discharge the duties of26 their respective offices, in the name and authority27 of the Republic, until others shall be appointed and commissioned in their stead, pursuant to this28 Constitution. S ECT. 3. All towns and municipal corporations within the29 Republic, constituted under the laws of the Commonwealth of Liberia, shall retain their existing organizations and privileges, and the respective

C ONSTITUTION OF L IBERIA (1847) officers thereof shall remain in office, and act under the authority of this Republic, in the same manner and with the like powers as they now possess under the laws of said Commonwealth. S ECT. 4. The first election of President, Vice President, Senators and Representatives, shall be held on the first Tuesday in October in the Year of our Lord, Eighteen Hundred and Forty Seven, in the same manner as election30 of members of the Council are held31 in the Commonwealth of Liberia, and the votes shall be certified and returned to the Colonial Secretary, and the result of the election shall be ascertained, posted and notified by him, as is now by law provided, in case of such members of Council. S ECT. 5. All other elections of President, Vice President Senator32 and Representatives, shall be held in the respective33 towns on the first Tuesday in May in every two years to be held and regulated in such manner as the Legislature may by law prescribe. The returns of votes shall be made to the Secretary of State, who shall open the same, and forthwith issue notices of the election to the persons apparently so elected, Senators and Representatives: and all such returns shall be by him laid before the Legislature at its next ensuing session, together with a list of the names of the persons who appear by such returns, to have been duly elected Senators and Representatives; and the persons appearing by said returns to be duly elected, shall proceed to organize themselves accordingly as the Senate and House of Representatives. The votes for President shall be sorted, counted and declared by the House of Representatives. And if no person shall appear to have a majority of such votes the Senators and Representatives present, shall in Convention by joint ballot, elect from among the persons having the three highest number of

votes, a person to act as President for the ensuing term. S ECT. 6. The Legislature shall assemble once at least in every year, and such meeting shall be on the first Monday in January unless a different day shall be appointed by law. S ECT. 7. Every Legislator and other officer appointed under this constitution shall before he enters upon the duties of his office, take and subscribe a solemn oath or affirmation to support the Constitution of this Republic, and faithfully and impartially discharge34 the duties of such office. The presiding officer of the Senate shall administer such oath or affirmation to the President, in Convention of both houses, and the President shall administer the same to the Vice President, to the Senators, and to the Representatives in like manner. When35 the President is unable to attend, the Chief Justice of the Supreme Court may administer the oath or affirmation to him at any place, and also to the Vice President, Senators and Representatives, in Convention. Other officers may take such oath or affirmation before the President, Chief Justice, or any other person who may be designated by law. S ECT. 8. All elections of public officers shall be made by a majority of the votes, except in cases otherwise regulated by the Constitution or by law. S ECT. 9. Offices created by this Constitution which the present36 circumstances of the Republic do not require that they shall be filled, shall not be filled until the Legislature shall deem it necessary. S ECT. 10. The property of which a woman may be possessed at the time of her marriage, and also that of which she may afterwards become possessed, otherwise than

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L IBERIA by her husband, shall not be held responsible for his debts; whether contracted before or after marriage. Nor shall the property thus intended to be secured to the woman be alienated otherwise than by her free and voluntary consent, and such alienation may be made by her either by sale devise or otherwise. S ECT. 11. In all cases in which estates are insolvent, the widow shall be entitled to one third of the real estate during her natural life, and to one third of the personal estate, which she shall hold in her own right subject to alienation by her, by devise or otherwise. S ECT. 12. No person shall be entitled to hold real estate in this Republic, unless he be a citizen of the same. Nevertheless this article shall not be construed to apply to Colonization, Missionary, Educational, or other benevolent institutions, so long as the property or estate is applied to its legitimate purposes. S ECT. 13. The great object of forming these Colonies, being to provide a home for the dispersed and oppressed children of Africa, and to regenerate and enlighten this benighted continent. None but persons of color shall be admitted to citizenship in this Republic. S ECT. 14. The purchase of any land by any citizen or citizens from the aborigines of this country for his or their own use, or for the benefit of others, or37 estate or estates in free38 simple, shall be considered null and void to all intents and purpose39 . S ECT. 15. The improvement of the native tribes and their advancement in the arts of agriculture and husbandry, being a cherished object of this government, it shall be the duty of the President to appoint in each county some discreet person whose duty it shall be to make regular and periodical

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tours through the country for the purpose of calling the attention of the natives to these40 wholesome branches of industry, and of instructing them in the same, and the Legislature shall, as soon as it41 can conveniently be done, make provisions for these purposes by the appropriation of money. S ECT. 16. The existing regulations of the American Colonization Society, in the Commonwealth, relative to emigrants, shall remain the same in the Republic, until regulated by compact between the Society and the Republic; nevertheless, the Legislature shall make no law prohibiting migration42 . And it shall be among the first duties of the Legislature, to take measures to arrange the future relations between the American Colonization Society and this Republic. S ECT. 17. This constitution may be altered whenever two thirds of both branches of the Legislature shall deem it necessary. In which case the alterations or amendments, shall first be considered and approved by the Legislature, by the concurrence of two thirds of the members of each branch, and afterwards by them submitted to the people, and adopted by two thirds of all the electors at the next biennial meeting for the election of Senators and Representatives. Done in C ONVENTION, at Monrovia, in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this twenty-sixth day of July in the Year of Our Lord One Thousand Eight Hundred Forty-Seven, and of the Republic the First. In witness whereof we have hereto set our names. Montserrado County. S. BENEDICT, President. J N. LEWIS H. TEAGE BEVERLY R. WILSON

C ONSTITUTION OF L IBERIA (1847) ELIJAH JOHNSON J. B GRIPON. Grand Bassa County. JOHN DAY A. W. GARDINER AMOS HERRING EPHRAIM TITLER43 County of Sinoe. R. E. MURRAY JACOB W. PROUT Secretary of Convention. Monrovia, July 29 1847.

1 Verified by Constitution of the Republic of Liberia. With the Laws of the Republic, Enacted by the Senate and House of Representatives At their first Session, held in Monrovia, January and February, 1848., [Monrovia:] Printed at the Herald Office, By Authority, 1848, 1–11. Checked against the reprint in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 2, 852–864 and the Liberian Statutes 1847–1857, 1857, 7–19, as available on the internet at http://dlxs.library.cornell.edu/l/liberian/statutes.html. Also checked against the version printed in Memorial of the semi-centennial Anniversary of the American Colonization Society, Celebrated at Washington, January 15, 1867: With documents concerning Liberia. American Colonization Society, Washington: The Society, 1867, 133–147. For an amended version see Alfonso K. Dormu, The Constitution of the Republic of Liberia and The Declaration of Independence (With Notes), New York: Exposition Press, 1970, 23–37. Spelling, capitalization, and punctuation as in the 1848 print, with obvious typographical errors tacitly corrected. The fate of the original manuscript remains uncertain as of this writing. There is much speculation about what happened to the original manuscript. The constitution was adopted on July 29, 1847 and remained in force until April 12, 1980 when it was suspended. It was replaced by the Constitution of January 6, 1986. The Constitution was amended numerous times, up to 1861 it was amended only twice, in 1849 (q.v.) and 1861 (q.v.).

2

In Liberian Statutes, 8, and Memorial, 134, “inalienable”. 3 In Memorial, 135, word missing. 4 In Huberich, II, 854, “marital”. 5 In Memorial, 135, “counsel”. 6 In Liberian Statutes, 9, “punishments”. 7 In Liberian Statutes, 9, and Memorial, 136, “to bear”. 8 In Memorial, 136, “the legislative”. 9 Ibid., word missing. 10 Ibid., word missing. 11 Ibid., 137, “the benefit”. 12 In print by the Herald Office, 4, erroneously “Article III.”. 13 In Liberian Statutes, 11, “That the”. 14 In Memorial, 137, word missing. 15 Ibid., “and all counties hereafter which shall”. 16 In Liberian Statutes, 11, “all counties hereafter which shall be admitted into”. 17 Ibid., 12, “and afterwards”. 18 Ibid., 14, “office”. 19 In Liberian Statutes, 14, and in Memorial, 142, “All justices of the peace”. 20 In Memorial, 142, word missing. 21 Ibid., “and who shall not be possessed of unencumbered real estate, of not less value than six hundred dollars”. 22 Ibid., “the President”. 23 In Liberian Statutes, 15, “our”. 24 In Memorial, 143, “the Republic”. 25 In Liberian Statutes, 16, “the”. 26 In Memorial, 143, “the duties of” missing. 27 Ibid., “by the authority”. 28 In Liberian Statutes, 16, “the”. 29 In Memorial, 143, “this”. 30 In Liberian Statutes, 17, “as the election”, in Memorial, 144, “as elections”. 31 In Memorial, 144, “chosen”. 32 In Liberian Statutes, 17, and Memorial, 144, “Senators”. 33 In Liberian Statutes, 17, “representative”. 34 Ibid., “to discharge”. 35 In Memorial, 145, “If”. 36 Ibid., word missing. 37 In Liberian Satutes, 18, “on”, in Memorial, 146, “as”. 38 In Liberian Statutes, 18, and Memorial, 146, “fee”. 39 In Liberian Statutes, 18, “purposes”. 40 Ibid., “those”. 41 In Memorial, 146, word missing. 42 In Liberian Statutes, 19, and Memorial, 146, “emigration”. 43 In Memorial, 147, “Tiller”.

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Amendment of 1849 Resolutions Recommending an Amendment to the Constitution1

Whereas in the opinion of the Legislature, Sinoe2 ought to have an equal ratio of representation with Grand Bassa County, the number of inhabitants being equal or nearly so; – and whereas in the opinion of the Legislature, the counties should be as far as practicable represented equally; Therefore it is Resolved by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled, – and passed by3 concurrence of two thirds of the members of each branch of the Legislature, – That the 2nd section of the 2nd article of the Constitution be so altered and amended as to read that the county of Sinou4 shall have three representatives. It is further Resolved that the alteration and amendment be submitted to the People

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at the biennial election agreeably to the provisions of the 17th section of the 5th article of the Constitution, and the ballot shall be written “adoption or no adoption.”

1 Verified by Liberian Statutes 1847–1857, 1857, 19–20 (available on the internet at http://dlxs.library. cornell.edu/l/liberian/statutes.html). Checked against the versions as published in Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 2, 880–881, and Declaration of Independence and Constitution as Amended of the Republic of Liberia. Printed by Authority. J. A. Azariah Howard, Printer, Howard’s Printing Office: Monrovia, 1908, 39–40. Spelling, capitalization, and punctuation as in Liberian Statutes. The amendment was adopted by the voters in May, 1849. 2 In Huberich, II, 880, “Sinou”. 3 In the 1908 print, 39, “the”. 4 Ibid., 40, “Sinoe”.

Amendment of 1861 [Amendment of 1861 to the Constitution of 1847]1

It is Resolved by the Senate and House of Representatives of the Republic of Liberia in Legislature Assembled: and passed by the concurrence of two thirds of the members of each branch of the Legislature; that the second section of the second article of the Constitution be altered and amended by the insertion of the words – “and the County of Maryland shall have three Representatives” which shall be inserted immediately before the words “and all countries hereafter admitted into the Republic shall have one.” It is further Resolved, – That the amendments proposed by the first section of this

resolution be submitted to the people for their vote at the next biennial election, to be held in the several townships of this Republic, on the first Tuesday in May, in the year of Our Lord, one thousand eight hundred and sixty one, agreeably to the 17th section of the 5th Article of the Miscellaneous provisions of the Constitution; and the ballot shall be written “Adoption” or “No Adoption”. 1

Verified by Charles H. Huberich, Political and Legislative History of Liberia, 2 vols., New York: Central Book Co., 1947, vol. 2, 881–882. The amendment was adopted by the voters in May, 1861.

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Constitution and Laws of Maryland in Liberia (1833) Constitution of Maryland in Liberia1

The Maryland State Colonization Society of Maryland, one of the United States of North America, to all persons to whom these presents shall come – greeting: W HEREAS the Maryland State Colonization Society, desirous to hasten as far as they can, the period when slavery shall cease to exist in Maryland and believing that this can best be done by advocating and assisting the cause of Colonization, as the safest truest and most efficient auxiliary of freedom under existing circumstances have determined to establish a settlement or settlements, of free coloured people & emancipated slaves, under the auspices and control of the State Society, at or near Cape Palmas, on the west coast of the Continent of africa, to be called Maryland in Liberia: And Whereas, it is not less the desire of the society that the evil of slavery should be removed from Maryland than that the Emigrants to Africa should find their happiness and prosperity promoted by their change of home, and that through their instrumentality, the blessings of civilization and the gospel should be extended to a benighted land: And Whereas, acting with these views it becomes the duty of the State Society to afford to the settlements which they may cause to be established, a system of equal laws, that shall secure to every Emigrant and his descendants the unalienable rights of life liberty and the pursuit of happiness – Therefore, be it known that the Maryland State Colonization Society do hereby solemnly enact the following “C ONSTITUTION ”, as the basis and foundation of the government of any,

and every settlement or colony, which may be established as aforesaid, under their auspices and control in Africa, ratifying and confirming the same according to its tenor, to all Emigrants to such settlements, and their descendants, so long as the powers of government shall continue to be exercised by the Md. State Colonization Society. A RT. 1. The Maryland State Colonization Society shall have full power and right, from time to time, as they may think fit to make and ordain rules, regulations & ordinances for the government of the Territory, acquired by them in Africa called Maryland in Liberia, not repugnant to the provisions of this Constitution, until the State Society shall withdraw their Agents, and yield the government wholly into the hands of the people of the territory. A RT. 2. Every Emigrant of full age before he or she shall be received in Maryland in Liberia, shall read or have read to him or her this Constitution, and sign a declaration to support the same, and they shall in so doing bind themselves to refrain from the use of ardent spirit except in case of sickness. A RT. 3. No person shall hold any office in the said Territory who either uses ardent spirit, with the above exception or traffics in it; and the State Society are pledged to carry the principle of abstaining from it, and preventing a traffic in it, into the local government of the territory and have all the powers necessary for that purpose

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M ARYLAND IN L IBERIA A RT. 4. Religion, Morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the natives; their land and property shall not be taken from them, without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed, unless it may become necessary to do so, to repel aggressions on their part: but laws founded in justice & humanity shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them

of the Community, shall be equally under the protection of the laws; and no subordination or preference of any one sect or denomination to another shall ever be established by Law; nor shall any religious test be required as a qualification for any office or trust in the community; and all religious societies in the community shall at all times have the exclusive right of electing their public teachers and contracting with them for their support & maintenance.

A RT. 5. No taxes shall be laid in the territory except for the purpose of defence, of internal improvement, education, and the support of the local government of the territory. Duties and Port charges for the same purposes of revenue shall be imposed from time to time at the discretion of the State Society

3rd The people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures and searches: and no warrant to search any place or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation.

A RT. 6. All elections shall be by ballot, the qualifications of voters to be fixed by the State Society

4. No person shall be accused arrested or detained except in cases ascertained by law, and according to the forms which the same has provided, and no person shall be punished, but by virtue of a law established and promulgated prior to the offence, and legally applied.

A RT. 7. That the great and essential principles of liberty and free government may be recognized, and forever unalterably established, it is hereby declared, as part and parcel of this constitution 1st All men have a natural and unalienable right to worship Almighty God, according to the dictates of their own consciences, and no one shall be hurt, molested or restrained in his person liberty or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience nor for his religious professions or sentiments, provided he does not disturb the public peace nor obstruct others in their religious worship; and all persons demeaning themselves peaceably as good members

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2nd Every member of the Community may freely speak, write and publish his sentiments on all subjects being responsible for the abuse of that liberty

5. In all criminal prosecutions, the accused has a right to be heard by himself & Counsel: to demand the nature and cause of the accusation and to have a copy thereof: to be confronted by the witnesses against him: to have compulsory process for obtaining witnesses in his favour: and in all prosecutions a speedy trial by an impartial Jury of the neighbour hood or district in which the offence shall have been committed: he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty or property, but by due course of law.

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) 6. No person shall for the same offence, be twice put in jeopardy of his life or limb: nor shall any persons property be taken or applied to public use, unless just compensation be made therefor. 7. All Courts shall be open and every person for an injury done him in his lands goods person or reputation shall have remedy by due course of law and right and justice administered freely without any sale, fully without any denial, and speedily without any delay 8. No power of suspending laws shall be exercised, except by the authority which has enacted them, or its direction. 9. Excessive bail shall not be required, nor excessive fines imposed nor cruel punishments inflicted. All persons shall before conviction be bailable by sufficient securities, except for capital offences, when the proof is evident, or the presumption great; and the privileges of the writ of ‘Habeas corpus’ shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require it 10. The person of a debtor, where there is not strong presumption of fraud shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. 11. No Ex post facto law, nor law impairing the obligation of contracts, shall be made 12. The members of the community have a right, in a peaceable manner to assemble together for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by Petition, address, or remonstrance. 13. Every member of the community has a right to bear arms in defence of himself and the community.

14. The military shall in all cases, and at all times be in strict subordination to the civil power. 15. No title of nobility, or hereditary distinction, privilege, honour or emolument, shall ever be granted or conferred; nor shall any office be created, the appointment of which shall be for a longer term than during good behaviour. 16. Emigration shall not be prohibited. 17. The right of trial by Jury shall be forever inviolate. 18. No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the community by him or herself or counsel 19. There shall be neither slavery nor involuntary servitude in the settlements of the Md. State Col. Society in africa otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person arrived at the age of twentyone years, nor female person arrived at the age of eighteen years be held to serve any person as a servant under pretence of Indenture or otherwise, unless such person shall enter into such indenture while in a State of perfect freedom, and on condition of a consideration in good faith received or to be received for their services, except as before excepted. 20. This enumeration of certain rights belonging to the Emigrants to the settlements which the Maryland State Colonization Society may make in Africa, and their descendants, shall not be construed to deny or disparage the exercise by the said Society of all others necessary or incident to government. 21. & lastly, it is hereby declared, that this article shall be construed reputed & adjudged in all cases most favourably on the behalf and for the best benefit and behoof of

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M ARYLAND IN L IBERIA the Emigrants aforesaid, and their descendants. A RT. 8. No alterations shall be made in this Constitution except by the unanimous consent of all present at a meeting of the Board of Managers, called for the purpose of taking such amendment or alteration into consideration, or by a vote of two thirds of the members present at two successive meetings of the Board of Managers called as aforesaid, provided that the declaration of rights contained in the seventh article shall in no wise be altered. Done at the office of the Maryland State Colonization society in the City of Baltimore in the State of Maryland this twenty second day of November in the year of our Lord One thousand eight hundred and thirty-three. In Testimony Whereof the President of the said Society hath hereunto set his Hand and caused the seal of the said Society to be affixed hereto, by order of the Board of Managers. GEORGE HOFFMANN, President of the Maryland State Colonization Society [ L . S .] W ITNESS: J OHN H. B. L ATROBE, Corespo. Sect. Md. St. Col. Society JAMES H OWARD, Recording Secty. J OHN H OFFMAN, Treasurer N ICOLAS B RICE , V. P. NATHANIEL W ILLIAMS , V. P A LEXANDER N ESBIT, V. P. M OSES S HEPPARD P ETER H OFFMAN S OLOMON E TTING C HARLES H OWARD C HARLES C ARROLL H ARPER S AMUEL BAKER , M. D. J OHN J. H ARROD E DMUND G. E DRINGTON , M. D.

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W ILL . G EO . R EAD F. A NDERSON

AN ORDINANCE, FOR THE TEMPORARY GOVERNMENT OF THE TERRITORY OF THE MARYLAND STATE COLONIZATION SOCIETY IN AFRICA, CALLED MARYLAND IN LIBERIA S ECT. 1. Be it enacted and ordained by the Maryland State Colonization Society, that the territory of Maryland in Liberia shall be divided into townships, each of which shall contain, as near as may be, a superfices equal to nine square miles; and, hereafter, a certain number of townships shall be made to constitute a county. S ECT. 2. Be it enacted and ordained, that the Estates of proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children, and the descendants of a deceased child, or grandchild, to take the share of their deceased parent, in equal parts, among them; and where there shall be no children, or descendants, then in equal parts to the next kin, of equal degree; and among collaterals, the children of a deceased brother, or sister, of the intestate, shall have, in equal parts among them, their deceased parents share; and there shall, in no case, be a distinction between the whole and half blood: Saving in all cases, to the widow of the intestate her third part of the real estate for life; (that is to say, land and the improvements thereon, in which, at any time during marriage, the intestate had an absolute and unqualified ownership) and one-third part of the personal Estate, (that is to say, all property held by the intestate at the time of his decease, other than real

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) property,) after the payments of the debts of the intestate.

acknowledged and deposited for record, as above, before they shall have any effect.

S ECT. 3. Be it enacted and ordained, that estates in the said territory may be devised, or bequeathed, by will in writing, or any written instrument, expressing an intention to devise or bequeath, and describing the property intended, so as to identify it, signed by him, or her, in whom the estate may be, (being of full age) and attested by two witnesses, signing the same in presence of each other and in the presence of the Testator. And real Estates may be conveyed by any instrument describing, so as to identify it, the Estate to be conveyed, and shewing the intention of the person making the conveyance to convey, signed and delivered by the person (being of full age) in whom the Estate may be, and attested by two witnesses.

S ECT. 6. Be it enacted and ordained, that personal property shall pass by delivery, except where the sale or conveyance thereof, is by way of pledge, or where the person conveying the same retains possession thereof – in which case, the conveyance shall be in writing, and acknowledged, and shall take effect when deposited for record, as in the case of real property.

S ECT. 4. Be it enacted and ordained that before such wills shall take effect, they shall be proved, by the testimony of one or both of the subscribing witnesses, to have been executed by the Testator, when he was of sound mind and understanding, before the register (hereinafter mentioned) of the district of the said territory, in which the testator resided, and deposited, with the register’s certificate that it has been proved, endorsed thereon, for record among the records of his office. S ECT. 5. Be it enacted and ordained that before such conveyances shall take effect, according to their tenor they shall be acknowledged before a justice of the peace, (hereinafter mentioned) of the said Territory, and deposited for record with the register of the district of the territory, in which the land lies, which is intended to be conveyed: it being the duty of the Register to note, on the back of said conveyance, the time of its being deposited for record. All deeds of real Estate by way of pledge, shall be executed,

S ECT. 7. Be it enacted and ordained, that a wife shall be entitled to dower in all real Estate, of which her husband may, at any time, be possessed, during their marriage, in case of her surviving him; and no deed, executed by him, shall have effect to deprive her of such dower, unless she signs the same, and acknowledges, out of the presence of her husband, before the person taking his acknowledgment, that she voluntarily executes it. Sales and conveyances of personal Estate may be made, at any time, without the consent of the wife, by the husband alone. S ECT. 8. Be it enacted and ordained, That in case any person, possessed of property, real or personal, in the said territory, shall die intestate (without having made a will) or without, in his or her will, having appointed an administrator, until farther enactment and ordinance upon the subject, an administrator and two appraisers shall be appointed, in writing, by the agent, which administrator shall give bond, – with security to be approved by the agent, for the faithful discharge of his office of administrator, – to be deposited with and preserved by the Register: but no administrator, shall take possession of the property of the deceased person, before an inventory thereof shall be made, and the property appraised by the appraisers in writing; which inventory and appraisement shall be affirmed to, before a

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M ARYLAND IN L IBERIA justice of the peace, and returned to the register, with the justice’s certificate of the affirmation endorsed thereon, to be carefully preserved and recorded in a book kept for that purpose; and such administrator may, at all times, be called upon by the parties interested, or any of them, for an account of his administration; be liable to have his appointment revoked, at the pleasure of the agent, – and, together with his securities, be responsible, in his and their persons and property, for the faithful discharge of his office of administrator. A commission, not to exceed ten per cent, may, at the discretion of the agent, be allowed to the administrator upon the amount that shall actually come into his hands, of the intestate’s Estate. S ECT. 9. Be it enacted and ordained that the real Estate of a deceased person shall not be resorted to for the payment of his debts, untill the personal Estate shall be exhausted. – Creditors shall be allowed four months, after administration granted, in which to present their claims, authenticated by their oath or affirmation, against the Estate of a deceased person. The family of the deceased person, should there be any family, may occupy and use the real Estate, without committing any acts to injure it, untill the division thereof, unless it is ascertained by the administrator, that the real Estate must be resorted to, to pay the debts of the deceased, in which case he may take possession of and sell it at the end of the said four months. It shall be in the discretion of the administration of a deceased person to pay any claim, presented after the said four months have expired, if he shall deem the same just. At the expiration of six months, after administration granted, the creditors and heirs, respectively, shall be entitled to the payment of the formers claims, or the division of the Estate, according to law, among the latter, as the case may be. S ECT. 10. Be it enacted and ordained

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that where the Estate of a deceased person does not admit of partition among those interested, without loss and injury to some of them, the same may be sold, after proper notice, at public sale, to the highest bidder, by the administrator, and the proceeds, after deducting expenses, divided among the parties interested, according to their respective rights. S ECT. 11. Be it enacted and ordained, that the agent shall also, in like manner appoint guardians for the persons and property of minors, who have lost both parents, which guardians shall give bond with security, to be approved by the agent, for the faithful discharge of their office, in the care and honest disposition of the property of the minors, that may come into their hands. Guardians’ bonds shall be deposited with the Register, as in the case of administration bonds. The relation of a guardian to the person of his ward shall be the same, as near as may be, as that of a parent to a child; provided, that the guardian shall not be answerable, pecuniarily, beyond the Estate of the ward, for the maintenance of the ward. S ECT. 12. Be it enacted and ordained that there shall be appointed from time to time, by the Maryland State Colonization Society, an agent, with the title of Governor, whose commission shall continue in force for the term of two years, unless, sooner revoked by the society. He shall reside in the territory, while in the exercise of his office, and shall represent there the state society, and be invested with all its powers, subject to the constitution of the Territory, and the ordinances and decisions of the State Society. S ECT. 13. Be it enacted and ordained that there may be appointed from time to time, by the State Society, an assistant agent, subordinate to the agent, whose commission shall continue in force for the term

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) of two years, unless sooner revoked by the state society. He shall reside in the territory, while in the exercise of his office, – shall be one of the council of the agent, – shall cooperate and assist him in the discharge of his duties, and, in the event of his absence or death, shall exercise his authority. S ECT. 14. Be it enacted and ordained: that it shall be the duty of the agent, to obey any2 carry into effect all the ordinances and regulations of the State Society, which are communicated to him: to exercise a general superintendence over the concerns, police and officers of the territory: to make a semi-annual report to the State Society of the condition and relations of the territory, together with an account of all his receipts and Expenditures on behalf of the Society; to recommend such laws as from time to time, he may see proper, to the State Society; to negotiate and sign all treaties with the natives; to execute all conveyances on behalf of the State Society, and superintend the correspondence of the territory. He shall also be the commander in chief of the Militia of the territory, and issue commissions to all officers in the same below the rank of general officers. All general officers shall be appointed and commissioned by the state society; all company officers shall be elected by the companies respectively, and all intermediate officers shall be appointed by the agent. The agent and assistant agent shall have all the authority of Justices of the Peace, except in case of small debts (hereafter mentioned.) S ECT. 15. Be it enacted and ordained, That in cases of necessity, where no rule has been made by the State Society, the agent, in council, is authaurised to make the necessary rules or regulations of which he shall, by the first opportunity, inform the Board of Managers of the State Society for their approbation, and they shall be in force, until they are revoked by the Board of Managers

and notice of their revocation is received by the agent. S ECT. 16. Be it enacted and ordained. That there shall be appointed by the agent, from time to time, a Secretary, whose commission shall continue in force one year, unless sooner revoked, and who shall reside in the territory during the exercise of his office. He shall take charge of, and carefully keep, all the papers, records and archives of the territory, relating to government; shall be present at, and exactly record, the proceedings of the agent in council; shall publish all the ordinances and notices of the government, so that the people may be informed thereof; issue the agent’s orders, as he may direct; keep a copy of the correspondence and reports of the agent; record in a proper book, all treaties made by the agent; and attend to the recording, by the register of all other instruments, proper to be recorded, in which the government is interested; and perform, generally such duties as may be imposed upon him by the agent, in conducting the internal affairs and correspondence of the Territory. S ECT. 17. Be it enacted and ordained, that there shall be appointed by the agent a competent number of Justices of the Peace, whose commission shall continue in force for one year, unless sooner revoked, for cause. It shall be their duty to take cognizance of all breaches of the peace, or the laws, of the territory; to issue their writ to arrest offenders; to take from them security, in all bailable cases, to appear before the proper tribunal and, in default of security being given, to send the offender to the agent with a certificate of the default; to take security to keep the peace, when upon oath or affirmation, before them, allegation is made that it will be broken; to issue search warrants; to act judicially, in all criminal cases, where the offence is theft, and the value of the article, stolen does not

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M ARYLAND IN L IBERIA exceed one dollar, sentencing the offender to restitution of five times the value of the thing stolen, and in default of restitution, sending the offender to the agent, in the custody of a constable, with a certificate of conviction, that such punishment may be inflicted, as may be provided by law in such cases. Provided that no warrant or writ shall be issued, in any criminal matter, or for any alledged breach of the laws of the territory, whereby the liberty of an an3 individual may be restrained, or his or her house or premises searched, except the offence shall be committed in view of the Justice of the Peace, (when he shall personally arrest the offender, without the form of a writ or warrant,) or upon the oath or affirmation, of a credible person, who shall testify to the facts from personal knowledge, or shall state circumstances, which, in the opinion of the justice make it probable, that an offence has been committed, or that there is reason to suspect, that stolen property is in the place (which must be particularly described in the writ or warrant) authorised to be searched. Justices of the Peace shall have jurisdiction in all civil causes, where the amount in dispute between the parties does not exceed twenty dollars, and all fines, not exceeding that amount, may be collected before them. They shall have power to summon witnesses, at the request of parties, in any cause before them, and to fine them, not exceeding ten dollars for non-attendance when summoned, or, if in attendance, for refusing to answer questions propounded to them, and not subjecting them to the risk of punishment, other than a pecuniary fine. All judgments, given by a Justice of the Peace, shall be in writing, entered in a book kept by him for the purpose, and either party may, on demand, have a copy thereof. Justices of the Peace shall endorse all acknowledgments, required by law to be made before them, on the instrument ac-

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knowledged. Two Justices of the Peace shall have power to issue their joint writ, directed to the sheriff, requiring him to summon all persons to aid in quelling a riot, and in maintaining the authority of the Government. S ECT. 18. Be it enacted and ordained, that a competent number of Constables shall be appointed by the agent, whose appointment shall continue in force one year, unless sooner revoked. Their duty shall be to execute all writs and summonses, directed to them by a Justice of the Peace; to interfere to quell all riots, or riotous conduct that may happen in their presence; to arrest all persons guilty of a breach of the Peace before them, and take them before a Justice of the Peace, to be dealt with according to law. Fees for their services, according to a table to be made hereafter, shall be allowed to Justices of the Peace and constables. S ECT. 19. Be it enacted and ordained that there shall be elected by the qualified voters of the territory the following officers. A Vice-Agent, two counsellors, a Register, a Sheriff, a Treasurer and a committee on new emigrants. There shall also be elected, by the qualified voters of every township, a committee of three persons residing in the Township, to be called “the select men:” And all male colored people, who have subscribed the oath to support the constitution and hold land in the territory in their own right, or who, not holding land, shall pay a tax of not less than one dollar, per annum, for the support of education and the purposes of Government, (being of full age) shall be entitled to vote for these officers, as well as all other offices that may be filled by the people; and all persons shall be eligible to said Offices, provided, that in addition to the said qualifications, they know how to read and write. S ECT. 20. Be it enacted and ordained that previous to each election, the Sheriff

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) shall designate, by public notice, some convenient place in each district or townships, where the polls shall be opened, and appoint three Judges and a Clerk for each of the polls. All elections shall be by ballot; The time of holding elections shall be the first Monday of March in each year. Should any thing prevent an Election from being held, the then incumbents shall hold their offices, until a new Election does take place. S ECT. 21. Be it enacted and ordained that the Vice-Agent shall be elected annually. – He shall be a member of the agent’s council; he shall aid the Agent and assistantagent in the discharge of their various duties, and in the event of the absence or death, of the agent and assistant agent, shall exercise the authority of Agent; he shall have all the powers of a Justice of the Peace, except in the case of small debts. S ECT. 22. Be it enacted and ordained That the two Counsellors shall be elected annually, and together with the assistantagent, and Vice-Agent, shall constitute a council, which shall deliberate and consult, without the privilege of voting, with the Agent, on the appointment of Officers, the forming rules and regulations, and the general interest of the territory whenever requested so to do by the Agent. In case of the absence or death of the Agent, assistant agent and Vice-Agent, the senior counsellor shall exercise the authority of Agent. The assistant agent and vice-agent shall also advise with the other members of the council on any subjects connected with the general welfare, as often as they shall think proper, and report the result to the Agent, if they see fit, or act upon the same in case of his absence. S ECT. 23. Be it enacted and ordained, That the Register shall be elected every three years. It shall be his duty to record all papers, deeds, wills, inventories and other

instruments, which, in any way, affect the title to property, that may be handed to him for that purpose: he shall take proof of wills, and certify the same on the will itself. He shall record deeds relating to real Estate in one set of Books, – deeds of personal Estate in another, – wills and probates in another, – inventories in another, – certificates in another, – patents and licenses in another, – and to each volume he shall make an alphabetical index as he proceeds. He shall be allowed such fees for recording as may be hereafter fixed upon, not to exceed ten cents for every hundred words recorded, and also fees for searches. S ECT. 24. Be it enacted and ordained, that the Sheriff shall be elected annually. It shall be his duty to execute all summonses, writs, executions and judgments issued by the courts of the territory, and to him directed: to summon juries: to attend either in person or Deputy, at the sessions of the Courts: to take charge of all persons, directed to be imprisoned by the judicial authorities, and to be responsible for their safe keeping: to give notice of, and organize elections: and, whenever so required by the joint writ of two justices of the peace, to summon all persons to aid in quelling a riot and in maintaining the authority of the government. He shall give bond with security to be approved by the agent; to account for and pay over all moneys that may come into his possession, belonging to others, in the discharge of his office. He shall have all the powers of a constable, and shall be allowed such fees as may be fixed by law hereafter. S ECT. 25. Be it enacted and ordained that the Treasurer shall be elected every three years. He shall take charge of monies belonging to the government, keeping an account thereof, and distinguishing to the several sources from which they accrue. He shall also take charge of all public securities and evidences of debt, in which the govern-

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M ARYLAND IN L IBERIA ment may be interested. He shall deliver up, and pay over the property or money in his keeping, only upon the order of the agent. He shall make out an account of his receipts and disbursements, every six months, and shall furnish one copy thereof, to be recorded among the archives of the colony and another to be transmitted to the State Society. He shall give bond, with security to be approved by the agent, to account for, and pay over, all monies that may come into his possession in the discharge of his office. S ECT. 26. Be it enacted and ordained that the committee on new emigrants shall consist of three persons elected annually. It shall be their duty to assist the officers of the territory in providing for the reception, accommodation and provisioning of new emigrants; – to meet at stated periods to hear their complaints and wants, and the reports of the select men respecting them, and make known the same to the agent. They shall have, under the control of the agent, the distribution of rations to the new emigrants, and shall make a weekly return to the agent of the agent of the number of emigrants, on rations, and the quantity distributed to them. The Senior member shall be chairman of the committee. S ECT. 27. Be it enacted and ordained that the select men of each township shall consist of three persons, to be elected annually, by the voters of the township. It shall be their duty to take into consideration the agriculture of the township, its health, the proper objects of medical attention; cause nuisances, prejudicial to the public health, to be removed; assist the committee or new emigrants in the discharge of their duties in the townships, and act, generally, as conservators of the public morals and promoters of industry in their township. The Senior member shall act as chairman. When they see proper, they may call public

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meetings in their township, upon subjects connected with the agriculture, health and morals of their constituens, when the chairman shall act as moderator. They shall make a quarterly examination of the schools in the township, and report their number and the number of their pupils, in writing, to their agent. They shall attend to keeping clear, and in repair, all streets and roads in the township, and, generally, perform such duties in the township, as may assist in its good government. The chairman shall act as coroner of the township, and shall summon a jury, to ascertain the cause of every sudden and suspicious death, that may happen in the township, and report their verdict to the agent. The select men shall appoint their clerk, to be called the township clerk, whose duty it shall be to keep a record of their proceedings, – publish and serve their notices, – and make out during the first three months of his appointment, a list, or correct the list last made, of all house-holders and their occupations in the township, a copy of which, when completed, shall be furnished to the agent. It shall also be his duty, within the same period, to make out and hand to the Sheriff, a list of all persons in the township, qualified to serve as Jurors. S ECT. 28. Be it enacted and ordained, that, until otherwise provided for by law, there shall be a court held on the first Monday of every Month, to be called the Court of Monthly Sessions, the judges of which shall be the Agent, (in his absence the assistant, and in the absence of the Agent and Assistant-Agent, the Vice-Agent) and two justices of the peace. The Justices shall be notified by the Agent to attend, two at every Court, according to seniority, so that all the Justices, in rotation, shall fill the station of Judges of the Court. The Agent, AssistantAgent, or Vice-Agent respectively, as they happen to be upon the bench, shall act as

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) chief judge. The Courts of monthly Sessions shall have original jurisdiction of all civil and criminal cases, other than those committed to the Justices of the Peace; and shall have appellate jurisdiction in all civil cases whatsoever. The members of the Court for the Month of January, in every third year, shall appoint the Clerk of the Court, to act as such for the three years succeeding the date of his appointment. He shall keep a record of the proceedings of the Court, and of all judgments pronounced by it, and shall have the custody of its seal. He shall sign and issue all writs and summonses and shall take charge of all papers, in suits before the court, subject to its order. Whenever required, he shall give certified copies, under the seal of the Court, of all judgments rendered by it. S ECT. 29. Be it enacted and ordained that no person shall serve as a jury man, unless he be of the age of twenty-five years, of good name and repute, and shall know how to read and write: and in summoning jurymen, it shall be the duty of the Sheriff to summon them in rotation from among all the inhabitants, so that the performance of the duty shall interfere, as little as may be, with ordinary avocations. No one shall be excused from serving as a juryman, but upon application to the Court, stating a sufficient reason, – saving and excepting school teachers, physicians, officers appointed by the State Society, Vice-Agent, Counsellors, Justices of the Peace, constables, Secretary, Register and Collector. S ECT. 30. Be it enacted and ordained, that a store-keeper, whose duty shall be to take charge of the Public Stores, a Surveyor, whose duty shall be to locate roads and lots, and when required by the Court or Agent, or upon individual application to resurvey the same, – an inspector of arms, whose duty it shall be to see that the ordinance arms and public defences of the territory are kept in

good and repair, – A Collector, whose duty it shall be to collect and pay to the Treasurer, all duties, taxes and charges arising out of the Commercial, as well as the internal regulations, of the territory, – A public Auctioneer, and a Librarian, may from time to time, be appointed by the Agent, to hold their offices for one year, unless sooner revoked, whenever he shall think that the necessities of the territory require it. S ECT. 31. Be it enacted and ordained, that there shall be at least one public School in every township of the territory; the teacher whereof shall be appointed by the Agent in Council. It shall be the duty of every parent to send his or her children and of every guardian, the child or children under his or her care, of a fit age, to school, when there is a Public School in the township, untill they shall learn to read and write and cast accounts; and every father, or if there is no father then mother and if there is neither father nor mother, then guardian, the children of whom, or, under whose care are not sent to school, after being notified thereto by the select men, shall be fined, at the discretion of the select men, not less than twelve and an half cents, nor more than twenty-five cents for every month, that each child is not sent to school: which fines may be collected, as small debts are, before a Justice of the Peace, and shall be appropriated to the use of Public Schools. S ECT. 32. Be it enacted and ordained that all males between the ages of sixteen and sixty, residing in the territory, shall be enrolled in the general militia, and be liable to be called upon, at the discretion of the agent, under officers appointed by him, in the defence of the territory. The volunteer militia shall consist wholly of uniformed volunteer companies, who may elect their own officers, to be commissioned by the agent, and enact by laws for their government, to be approved by the agent: every

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M ARYLAND IN L IBERIA such bye laws containing a provision, that each company shall hold itself in readiness, at all times, to perform such actual military services, as may be required by the Agent. When two or more volunteer companies are formed the agent shall appoint a major to command them. Military offences such as disobedience of orders, absence from, and neglect of, duty, violation of bye laws, shall be tried by a quarterly Court Martial, composed of commissioned officers, appointed by the agent, whose sentences shall be in writing, and shall be subject to the Agents’ approval. S ECT. 33. Be it enacted and ordained, that traffic in ardent spirit is expressly prohibited, within the territory; and all persons convicted of selling it shall forfeit their licences as traders, nor shall other licences be given to them for one year after the date of the conviction; besides being subject to such fine, not exceeding onehundred dollars for every offence, one half whereof shall belong to the informer, as the Court, where the conviction takes place, may think proper to impose. A sufficient quantity will be kept in the government Stores to supply the demands occasioned by sickness; and here only may ardent spirit be lawfully obtained. S ECT. 34. Be it enacted and ordained that no emigrant shall be permitted to deal with the natives for land, nor for any other thing, without the license of the agent, in council, to continue in force for one year, unless sooner revoked, being first had and obtained. Labour, food and clothing, for the actual use of the emigrant, excepted. No person shall carry on trade of any kind in the territory, without the license of the agent first had and obtained. S ECT. 35. Be it enacted and ordained: that every man with a wife, or man or woman, with a child or children, on arriving in the territory, shall have conditionally,

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for him or herself and family, a farm lot, containing five acres of land, which shall be his or her own, absolutely upon condition, that within two years after receiving it, he or she puts, or causes to put improvements upon another lot, to be designated by the Agent, equal to those which were upon his or her lot, when it was first given to him or her, or which were afterwards put there, for him or her, at the expense of the government. Or, if within two years after he or she shall have received a vacant unimproved lot, should he or she select such, or the Agent in his discretion give such, he or she shall clear one acre of it, and erect a substantial native house thereon, to the satisfaction of the Agent. If these conditions should not be complied with, the lot shall be forfeited and belong again to government. Unmarried men, of full age, shall have each a half farm lot upon the same conditions as above. If the man marries, or if he has the whole of his half farm lot, in good cultivation, he shall have the entire farm lot, of which he before had but one half. If a man, a member of a family that already has a lot, marries, he shall have a lot upon the same conditions that lots are given to new emigrants, as above. The Agent may, in his discretion, if an emigrant desires, give to him or her, instead of a farm lot, a town lot: but in such case, the town lot must be cleared, fenced and a good house, to be approved by the Agent, must be built upon it, within one year, or the same shall be forfeited. Any Emigrant who is the absolute owner of a farm lot, may have a town lot, at the discretion of the Agent, on paying a price therefor, and clearing, building on, and fencing the same, within one year: and an emigrant who is the absolute owner of a town lot, may have a farm lot at the discretion of the Agent, on paying a price therefor, and performing the same conditions that are imposed upon new emigrants.

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) When an Emigrant receives a lot in the first instance, the Agent shall give to him a certificate, containing the condition on which he is to become the absolute owner: and when the condition is complied with, the certificate shall be exchanged for an absolute deed. Persons holding town or farm lots are to keep the streets and roads contiguous thereto clear and in good travelling order, to the middle thereof, and to cultivate such trees as may be planted or left standing there for shade. In the first settlement of the territory, assistance may be afforded to Emigrants in clearing, fencing and building on their own lots, at the discretion of the Agent; and, when necessary, on their arrival, rations shall be given to them for their support: provided no person shall receive rations for a longer period than six months after his arrival. Should the Agent deem proper, he may cause long native houses to be built, in convenient places, in which new emigrants may be received on their arrival, remaining there until they can get a house built on their own lots, or otherwise provide for their own accommodation, provided that they shall not be entitled to remain in the said long houses, longer than six months from the time of their arrival in the territory. S ECT. 36. Be it enacted and ordained that no person shall own land in the territory, who does not reside therein. S ECT. 37. Be it enacted and ordained that until a more full code shall be prepared, the following general rules shall regulate the punishment of offences, not herein before provided for, in the territory. Murder, rape, setting fire to a house at night, in which a person or persons then reside, shall be considered capital crimes, and shall, on conviction, be punished with death, Trading in slaves shall also be pun-

ished with death. Sedition, mutiny and insubordination to the lawful authorities shall be punished by the Court of Sessions, on conviction, by Exile, fine and imprisonment, labour on the public works, or farm, with a clog, and close imprisonment at night, or all or any of these punishments. Quarrelling, riot, Sabbath breaking, drunkenness, profaneness, may, upon conviction, in the court of of4 Sessions, be punished by fine and imprisonment. Carnal illicit intercourse with native women, shall be punished, on conviction, by fine and imprisonment, for the first offence; and a repetition of it shall be punished, on conviction, by fine and imprisonment, labour on the public farm, or works, and close confinement at night. All other criminal offences, cognizable by the Court of monthly Sessions, may be punished by fine and imprisonment labour, with a clog, on the public farm or works, with close confinement at night and exile, in the discretion of the Court, and according to the nature of the crime. Criminal offences cognizable by justices of the peace shall be punished by fine and imprisonment, labour on the public farm, and close confinement at night. In case of failure to find security for good behaviour, when required, the person, so failing, shall perform such labour on the public farm, with close confinement at night, as the Agent may deem proper, until he shall find security, or the object, for which it was required of him, shall have been answered. Persons failing to find security to appear at court to answer criminal charges against them, may, at the discretion of the Agent, be compelled to work on the public farm, and subjected to close confinement at night, until the meeting of the Court. S ECT. 38. Be it enacted and ordained, that it shall be the duty of the Agent to cause to be cleared, and cultivated, in each

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M ARYLAND IN L IBERIA township, a public farm, of such extent, as he may think desirable, to be under the management of a person appointed by the Agent, unless before appointed by the state society. Persons who are, at any time, without means of support, after the period has elapsed, during which they are permitted to draw rations, persons sentenced by the proper authorities to work on the public farm, – shall be made to work in the cultivation of this farm, and its produce shall be applied to their support, in the first instance, and afterwards, to the use of the government. In the first organization of a settlement, the Agent may require, if he thinks it necessary for the public good, that all male persons, in good health, shall labour for a time on the public farm, for the general support. Attached to each public farm, there shall be one, or more, long native houses, for the accommodation of the labourers; A part shall be allotted to the accommodation, expressly, of persons labouring under sentence of the law, which shall be strong enough to confine them at night. S ECT. 39. Be it enacted and ordained, that the power to pardon offences belongs to the Agent. S ECT. 40. Be it enacted and ordained, that bed and bedding, wearing apparel, cooking utensils, an axe and a hoe, shall, in all cases, be exempted from liability for debts incurred by their owner. S ECT. 41. Be it enacted and ordained, that no person shall reside in the territory, without permission of the society, or the Agent. S ECT. 42. And whereas, although circumstances require, that the government of the said territory should remain in the state society, for the present, yet the time

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is looked forward to, when the people shall assume the government to themselves exclusively; and as it is the desire of the state Society to prepare them for that period, in such a manner, as will best guaranty their prosperity as an independent people: and whereas it is proper, that the course, contemplated by the state Society, should be clearly explained in the beginning, for the satisfaction of those who may abandon their present country, for africa, the country of their fathers, therefore, Be it enacted and ordained, that, so soon as there shall be five thousand male inhabitants in the territory, governed by the State society, in Africa, upon giving proof thereof to the Agent, they shall receive authority, with time, and place appointed, to elect representatives, to represent them in a general assembly; provided, that for every five hundred male inhabitants there shall be one representative, and so on, progressively, with the number of male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five, after which, the number and proportion of representatives shall be regulated by the assembly itself: provided, that no person shall be eligible to be elected as a representative, unless he has resided three years in Maryland in Liberia, and shall hold real Estate in the territory, in his absolute possession, Nor shall any person vote for a representative, who is not qualified, as prescribed for voters, for the Offices herein before enumerated. The Representatives, thus elected, shall serve for the term of one year, and in case of the death of a representative, or his removal from office, the Agent shall cause a new election to held by his constituents, for a member in his stead, to serve the residue of the term. The general assembly or legislature shall consist of the Agent, legislative council, and house of Representatives. The Legislative

C ONSTITUTION AND L AWS OF M ARYLAND IN L IBERIA (1833) council shall consist of five members, to continue in office three years, any three of whom to be a quorum; and the members of the council shall be nominated and appointed in the following manner, to wit. As soon as Representatives shall be elected, the Agent shall appoint a time and place for them to meet together, and when met, they shall nominate ten persons, not of their own body, having the qualifications of representatives, and return their names to the State Society, five of whom the State Society shall commission to serve as aforesaid; and whenever a vacancy shall occur in the Council, by death, resignation or removal from Office, The House of Representatives shall nominate two persons, qualified as aforesaid, for such vacancy, and return their names to the State Society, one of whom the state society shall appoint and commission, for the residue of the term; And every three years, at least six months before the expiration of the time of service of the members of the council, the said house shall nominate the 10 persons qualified as aforesaid, and return their names to the State Society, five of whom the State Society shall appoint and commission, to serve as members of the Council three years unless sooner removed. And the Agent, legislative council and House of Representatives shall have authority to make laws in all cases for the good Government of the territory, not repugnant to the constitution of the territory, and the ordinances and decisions of the State Society, until the government shall pass wholly into the hands of the people of Maryland in Liberia. And all Bills passed by a majority in the house, and a majority in the Council, shall be referred to the Agent for his assent; but no bill, or legislative act, whatsoever, shall be in force without his assent. The Agent shall have the power to convene, prorogue, and dissolve the general assembly, when in his opinion, it shall be expedient.

S ECT. 43. Be it enacted and ordained, that whenever the council of five herein before mentioned, shall come into office, they shall supersede the counsellors, hereinbefore mentioned, whose powers and functions they will at once perform. S ECT. 44. Be it enacted and ordained, that, until the state society shall wholly withdraw their Agent, and give up the government of the territory to the people thereof, all commissions, patents, licences, treaties, deeds of public lands, rules and regulations, whether issued by the State Society or its Agent, shall be in the name of the Maryland State Colonization Society. S ECT. 45. Be it enacted and ordained, that the agent shall have the power at his discretion, to extend the time hereinbefore prescribed for a compliance with the conditions necessary to vest the absolute ownership of a farm, or town lot, in the person obtaining the same in case the clearing, fencing or building shall have been actually commenced thereupon. 1

Verified by Constitution and Laws of Maryland in Liberia; with an appendix of precedents. Published by authority of the Maryland State Colonization Society, Baltimore [in Maryland]: John D. Toy, Printer, 1837, 24 p. and corrected according to the manuscript of the proceedings of the Maryland State Colonization Society, acquired from the Archive of the Maryland Historical Society, Baltimore, Maryland. Spelling, capitalization and punctuation follow the manuscript. For a good historical account of the Maryland settlement through its incorporation into the Republic of Liberia in 1857, see Penelope Campbell, Maryland In Africa, The Maryland State Colonization Society: 1831–1857, Urbana: University of Illinois Press, 1971. According to Campbell, the committee that drafted the Constitution drew from various American state constitutions. Then they took Nathan Danes’ Ordinance of 1787 for the government of the Northwest Territory and modified it to fit the Maryland colony (see Campbell, 80–81). It has five ordinances, only one of which is reproduced here. The other ordinances include: “An Ordinance to provide for taking care of the moveable property of the Maryland State Colonization Society, in Africa and for the protection of their interests in the Colony of Maryland in Liberia”; “An Ordinance to

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M ARYLAND IN L IBERIA encourage the growth of Cotton in the Colony of Maryland in Liberia, to provide a circulating medium of the same, and to promote the general welfare therof”; “An Ordinance Relative to the Assistant Agent”; “An Ordinance For the Redress of Injuries in the Colony of Maryland in Liberia”. Detailed: Title I of Injuries, Title

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II of Remedies (23 Chapters). The Constitution was adopted November 22, 1833. 2

In Toy print, 10, “and”.

3

Ibid., 12, instead of “an an” “an”.

4

Ibid., 20, instead of “of of” “of”.

Constitution of Maryland in Liberia (1853) The Declaration of Rights, and the Constitution of the State of Maryland in Liberia1

THE DECLARATION OF RIGHTS We, the people of the Commonwealth of Maryland in Liberia, acknowledgeing with devout gratitude the goodness of Almighty God, for having safely conducted our infant Colony in peace for nineteen years, under the auspices of the State Society, and for having made us the instruments in diffusing the blessings of civilization and evangelical truth among a heathen people; taking into consideration the best means for securing our civil and religious liberty, and the establishment of a good Constitution in this Commonwealth for the sure foundation and future permanence thereof, declare:– A RT. 1. That all government of right originates from the people, is founded in compact only, and is instituted for the peoples’ good; and they have at all times agreeably to this Constitution, the indefeasible right to change, reform or abolish their form of Government, in such manner as they may deem proper. A RT. 2. That the sole and exclusive right of regulating the internal Government, belongs to the people. A RT. 3. That the people of Maryland in Liberia are entitled to the Code of laws provided by the State Society, and other statutes and laws heretofore admitted in Courts of Justice in the Commonwealth, except such as may by this Constitution

be – strictly provided against, and except such as the Legislature may by act repeal. – And the inhabitants of Maryland in Liberia are also entitled to all property derived to them by treaty executed in Baltimore in the State of Maryland or of the United States of North America on the twenty-second day February Eighteen hundred and fifty-four, between – Commissioners on the part of this Government and the Maryland State Colonization Society. A RT. 4. That for the best security of liberty and free government, the people have a right to participate in the Legislature, and for this purpose Elections ought to be free and frequent, and every colored male Citizen having qualifications prescribed by this Constitution, ought to have the right of suffrage. A RT. 5. That the Legislature, Executive, and Judicial powers of Government ought to be distinct and separate from each other; and no person exercising the functions of one of the said departments, shall assume or discharge the duties of any other. – This article is not to be construed to include Justices of the Peace. A RT. 6. That no power of suspending laws shall be exercised unless by or derived from the enacting power or its direction. A RT. 7. That freedom of speech and debate or proceedings in the Legislature, ought not to be impeached in any Court of judicature.

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M ARYLAND IN L IBERIA A RT. 8. That the people individually or collectively have a right to apply to those in power for redress of grievances by petition or remonstrances. A RT. 9. That no taxes shall be levied, except by and with the consent of the Legislature. A RT. 10. That the levying of taxes by the poll on non freeholders shall be tolerated. A RT. 11. That every person or persons holding property in this State, shall contribute his or their proportion of public taxes for the support of Government, according to his or their actual worth in real or personal property. A RT. 12. That laws made to punish actions done before the existence of such laws, and which have not been declared crimes by previous laws are unjust, oppressive and inconsistent with the true principles of a free government. A RT. 13. That no conviction shall ever work corruption of blood.

jury he ought not to be found guilty; and in Capital – offences, a verdict by the unanimous agreement of all the jurors ought to be required, to determine his guilt. He ought not to be compelled to give evidence against himself, nor ought he be deprived of life, liberty or property, but by the law of the land. A RT. 16. That neither excessive bail nor excessive fines ought to be required, nor ought cruel punishments, be inflicted. All – persons committing offences, before conviction ought to be liable by sufficient sureties, capital offences when the proof, is clear and the presumption great, excepted: and the privileges of the writ of Habeas Corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it. A RT. 17. That the people shall be secure in their persons, papers, houses and effects from unreasonable searches and seizures; and that no writ shall issue for search or seizure without a probable case of guilt is made out under oath.

A RT. 14. That all Courts shall be open to every person, just remedy given for every injury to property, person or reputation, that right and justice shall be administered without any sale, denial or delay, and that no private property shall be taken for public use unless just compensation be made therefor.

A RT. 18. That a well regulated militia is the proper defence of a free government; – that standing armies being dangerous to liberty, they ought not to be tolerated without the consent of the Legislature: and that the military in all cases and at all times shall be under strict subordination to the civil power.

A RT. 15. That in all criminal cases the accused has a right to be heard by himself and counsel, to demand the nature and (grounds?) of the accusation: and to have a copy thereof, to have compulsory process for witness in his favor: to meet the witnesses against him face to face; and to have a speedy trial by an impartial jury of the neighborhood, County or district where the offence shall have been committed: – without the consent of three fourths of which

A RT. 19. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences: that no person shall ever be hurt, molested or restrained in his religious professions: and that all christian churches without any preference of one sect or denomination to another, shall be equally protected by the law, and that no person on account of his religious opinions, shall be rendered ineligible to any office of honor,

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C ONSTITUTION OF M ARYLAND IN L IBERIA (1853) trust or profit, nor shall any religious test be required as a qualification. A RT. 20. That no soldier ought to be quartered in any house in time of peace without the consent of the owner, and in time of war, in such manner only as the Legislature shall direct. A RT. 21. The continuance of the Judges in office is essential to the rights and liberties of the people: wherefore the judges shall not be removed from office except for misbehaviour, on conviction in a court of law, or by the Governor upon the address and concurrence of two thirds of both Houses of Legislature.

A RT. 27. The manner of administering an oath, to any person ought to be such as those of the religious, persuasion, profession; or denomination of which he is a member, generally esteem to be the most effectual except such persons as are conscientiously scrupulous of receiving an oath on any occasion, in which case their solemn promise or affirmation shall be a substitute for an oath. A RT. 28. That the liberty of the press ought to be inviolably preserved. A RT. 29. That no title of nobility or hereditary honor shall ever be granted or conferred.

A RT. 22. That a long continuance in power or trust is dangerous to liberty: a rotation therefore in such departments as is not provided against by this Constitution, is one of the best securities of permament freedom.

A RT. 30. That the free communication of thought and opinions is one of the invaluable rights of freemen; wherefore every man may freely speak, write, and print on any subject, being responsible for every abuse of that liberty.

A RT. 23. That neither immigration nor emigration shall be prohibited.

A RT. 31. That the Legislature ought to adopt measures for the encouragement and promotion of literature, the arts, seiences, agriculture, commerce, and manufactures, and for the diffusion of knowledge, and virtue, for the general melioration of the people, aud they ought also institute measures for the improvement of the character and habits of the native inhabitants in their jurisdiction, and adopt laws for their protection against wrongs and infringements.

A RT. 24. That as a protection against infringements on the essential rights of freedom, the right of trial by jury shall be forever – inviolate. A RT. 25. That the confederacy of the United States of North America, has before the a candid world fully shown the importance of the measure; wherefore the people have a right to confederate, unite or join, or become confederated, united, or joined to any State or States already declared independent, or which may hereafter become independent, on the continent of Africa, on terms of sovereign right. A RT. 26. That no person in public trust shall receive any present from any foreign government without the consent of the Legislature.

A RT. 22.2 That in all ages, bondage, wherever it has existed, having proved itself a bane to the true principles of civil society, and a – violation of the indubitable rights of man; wherefore neither slavery, nor involuntary servitude shall be tolerated in this Commonwealth, except for the punishment of crimes, of which the party shall have been duly convicted; nor shall any male person arrived at the age of twenty-one years,

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M ARYLAND IN L IBERIA nor female person arrived at the age of eighteen years, be held to serve any person as a servant under indenture or otherwise, unless such person, while in a state of perfect freedom, shall enter into such indenture, and on condition of a consideration in goods received, or to be received for their services as before accepted. A RT. 33. That every citizen has a right to bear arms for the defence of himself and the Community; and this right shall never be questioned. A RT. 34. That the person of a debtor where there is not strong presumption of fraud, ought not to be detained in prison after ddlivering up his effects for the benefit of his creditors in such manner as may be prescribed by law. A RT. 35. That suits may be brought against this Government in such manner, and in such cases as the Legislature may by law direct. A RT. 36. That the traffic in ardent spirits ought not to be tolarated. A RT. 37. That the rights herein enumerated shall not be construed to impair, or deny others retained by the people. A RT. 38. That no alteration, change or abolishment of this Constitution shall be made, except in the manner herein prescribed and directed.

THE CONSTITUTION The people inhabiting the territory called the Colony of Maryland in Liberia, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign and independent body politic, or State, by the name of the Commonwealth of Maryland in Liberia.

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Article 1st Legislative Department S ECT. 1. The Legislature shall consist of two distinct branches, a Senate and House of Delegates, which shall be styled, The General Assembly of Maryland in Liberia. S ECT. 2. That the territory of the State between the North Western boundary line of Garroway, and the Eastern line of Grand Taboo, or the line formed by the river San Pedro on the East, be divided into two divisions to be styled the Western and Eastern Districts; that the former be known as comprising all the lands, harbors, bays, rivers, lakes, creeks and the Atlantic waters thereunto appertaining, between the Eastern margin of the river Cavalla, and the line joining the Nefau or Poh River people’s lands on the extreme Western boundary of the Garroway territory; and that the latter be known as embracing all the lands, harbors, bays, rivers &c. as aforementioned between the extreme Eastern boundary line of Grand Taboo or the line formed, by the river San Pedro on the East, and the said Eastern margin of the river Cavalla; that the Assembly shall divide the districts into a suitable number of counties which may be altered from time to time, and new counties established as public convenience require; and that on the settling them or any part of them, shall apportion the members of the House of Delegates among the the same according to their population, in the following ratio; – For every five hundred male inhabitants there shall be one Delegate, and so on progressively, with the number of male inhabitants, shall the right of representation increase, until the number of Delegates, for any County, shall have amounted to five, after which the number and proportion of representatives shall be fixed and regulated by the Assembly; – Provided, nevertheless, that each settlement on its erection or establishment shall be entitled to one Delegate,

C ONSTITUTION OF M ARYLAND IN L IBERIA (1853) and that the County of Cape Palmas, be allowed five Delegates to be apportioned among the various sections of the settlement. S ECT. 3. No person shall be eligible to the House of Delegates, who shall not have attained the age of twenty five years, who shall not be a citizen of Maryland in Liberia, and who shall not have been a inhabitant of the county or settlement which he may be chosen to represent at least eighteen months before his election, and does not own real estate of not less value than one hundred dollars. The Delegates shall be elected biennially, and a vacancy occurring in the representation of any county or settlement by death resignation or otherwise, shall be filled by a new election. S ECT. 4. The sole power of impeachment shall be vested in the House of Delegates on concurrence of two thirds of its members, and they shall elect their own speaker and other officers. S ECT. 5. The Senate shall consist of four members elected within and for the county of Cape Palmas, to be apportioned among the different divisions of the settlement; and all other Counties hereafter established shall be entitled to two Senators; provided notwithstanding, that after the establishment of one or more counties, the number of Senators now given to the County of Cape Palmas, be reduced to two only. S ECT. 6. No person shall be a Senator, who shall not have attained the age of twenty eight years, and who shall not have resided three years immediately previous to his election in the State of Maryland in Liberia, or some other state or states to which it may be joined in confederacy, and who shall have been, when elected, an inhabitant of the county which he may represent at least six months, and who does not

own real estate of not less value than two hundred dollars in the county by which he is chosen. S ECT. 7. All impeachments shall be tried by the Senate, and when sitting for that purpose they shall be on oath or affirmation to do justice according to the law and evidence, but no person shall be convicted without the concurrence of two thirds of the Senators. Judgment in such case shall not extend beyond removal from Africa, and disqualification to hold an office in the State: but the party may be tried at law for the same offence. Where either the Governor or Lieutenant Governor is to be tried, the Chief Justice shall preside. S ECT. 8. The Senator for each County having the highest number of votes, shall retain his seat four years; and the one having the next highest number two years: and all who shall be afterwards elected to fill their seats, shall remain in office four years. The first election for Delegates and Senators shall take place on the first Tuesday of June, Eighteen hundred and fifty four, and shall hold their first session as soon as conveniently may be afterwards. The second election of Delegates and one half of the Senators shall take place on the first Tuesday of June, Eighteen hundred and fifty six, and all elections thereafter shall be held on the same day of the same month of every second year. S ECT. 9. After the first meeting, succeeding the election on the first Tuesday of June, Eighteen hundred and fifty four, the General Assembly shall meet on the first Monday of August, Eighteen hundred and fifty five, and on the first Monday of August, Eighteen hundred and fifty six, and on the same day in every year thereafter, and at no other times, unless convened by the proclamation of the Governor.

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M ARYLAND IN L IBERIA S ECT. 10. The General Assembly may continue their first session after the adoption and ratification of this Constitution, as long as in the opinion of the two Houses, the Public interest may require it; but all subsequent regular sessions shall be closed within two months after their commencement, by the agreement of both Houses. S ECT. 11. All male citizens of the State of Maryland in Liberia., who then are, or for six months next preceding the election shall have been residents of the settlement or County in which they shall offer to vote, (being of full age) shall be entitled to vote for the members of the General Assembly, and in the event of confederation, for a representative or representatives to the General Government. S ECT. 12. It shall be the duty of the Legislature every five years, for twenty years, after the adoption and ratification of this Constitution, and afterwards at such Stated period as may be fixed by law, to cause a true census to be taken of each town, settlement, and county, which are now or may hereafter be established, and apportion the representative agreeably to the provisions in the second section. S ECT. 13. A majority of each house of the assembly shall constitute a quorum necessary to do business, but a less number may adjourn from day to day and compel the attendance of absent members, under such penalties as each house may prescribe. Each House shall be judge of the election returns and qualifications of its own members: and may adopt its own rules of proceedings, enforce order, and with the concurrence of two thirds, may expel a member. S ECT. 14. For a longer period than two days, neither House shall adjourn without the consent of the other: both Houses shall always sit in the same town, and each House shall have a negative on the other.

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S ECT. 15. Any bill may originate in either House, and may be altered, amended or rejected by the other, and shall be read on three different days in each House, and having passed both Houses, in the manner herein after provided for, shall be signed by their respective President and Speaker, and presented to the Governor for his approval. If he approve the same, he shall sign it: if he disapprove it, he shall return it to the house in which it originates, within five days with his objections: if he fail to return it within the above number of days, or, after it shall have been returned, it again pass both Houses, it shall be a law without the Governor’s approval. S ECT. 16. In going to or returning from, and during their attendance on their respective Houses, the members of the Assembly shall be privileged from arrest, in all cases except treason, felony, and breach of the peace; nor shall they be questioned or made responsible for any speech or debate in either House. S ECT. 17. Except when secrecy shall be required, the sittings of each House shall be public, and each House may punish any person not a member, for disorderly or contemptuous behaviour in their presence while in session, by a fine not exceeding fifty dollars, or imprisonment, not exceeding forty-eight hours, for each and every offence. S ECT. 18. The members of the Assembly shall receive from the State a compensation for their services to be ascertained by law. S ECT. 19. A collector or holder of public moneys, assistant or deputy thereof shall not be eligible to any office of profit, or trust, until he shall have accounted for and paid over all sums for which he may be accountable; and no person who shall be convicted of having directly or indirectly, given, offered or received any bribe to procure his

C ONSTITUTION OF M ARYLAND IN L IBERIA (1853) own election, or the election of any other person, or who shall be convicted of perjury or other infamous crimes, shall be eligible to any office of honor, profit, or trust within the State. S ECT. 20. The Assembly shall have power to make laws in all cases, both civil and criminal, for the good government of the people of the State, not repugnant to the provisions of this Constitution, nor to the Constitution and laws of the General Government, which may hereafter be established by confederation. They shall have power to establish inferior courts, and prescribe their jurisdiction: create other offices, not otherwise provided for, and fix fees of offices and provide for the payment of the same. S ECT. 21. Each House shall keep and publish from time to time a journal of its proceedings: all votes in the House shall be viva voce, and on the final passage of any Bill it shall be entered on the Journals. S ECT. 22. Laws for the protection of the property of the wife from the debts of the husband during her life, and for securing the same to her issue after death, and also to protect from execution a reasonable amount of the property of a debtar, not exceeding one hundred dollars, shall be passed by the Legislature. S ECT. 23. Corporations may be formed under such cases and in such manner as may be hereafter established by law. S ECT. 24. The Legislature shall make provision for all cases of contested elections of any of the officers not herein provided for. S ECT. 25. It shall be the duty of the General Assembly at its first Session, to establish a Currency or paper issue, a medium for the State, to be based on as good money

in its redemption as the means of the State will warrant. S ECT. 26. The Salary or compensation of any public officer shall not be increased or diminished during his term of office; Provided that the Legislature at its first session may fix the compensation of all the then existing officers. S ECT. 27. No money shall be drawn from the Treasury of the State, except in accordance with an appropriation made by law, and every such law shall distinctly specify the sum appropriated, and the objects to which it shall be applied; Provided that nothing herein contained shall prevent the Legislature from placing a Contingent Fund at the disposal of the Executive who shall report to the Legislature at each session the amount expended and the purposes to which it was applied. An accurate statement of the receipts and expenditures of the public money shall be attached and published with the laws after each such regular session of the General Assembly. S ECT. 28. The General Assembly shall have power to regulate by law the subject of Divorces, but they shall not authorize any Divorce unless after a Judicial inquiry into the facts, to be conducted before the Supreme Court. S ECT. 29. The Legislature may borrow an amount never to exceed Ten thousand Dollars to meet deficiencies in the Treasury, and may contract debts to any amount that may be necessary for the defence of the State. S ECT. 30. The House of Delegates may examine and pass the accounts of the State relating to either the collection or the expenditure of the Revenue, and appoint auditors to state and adjust the same, and they may

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M ARYLAND IN L IBERIA call for all Public or official papers necessary in the course of their inquiries concerning affairs relating to the Public Interest. S ECT. 31. Every law shall be recorded in the office of the Supreme Court, and in due time be printed, published and certified under the great Seal of the several Courts of the State. S ECT. 32. The Style of all laws shall be “Be it enacted by the General Assembly of Maryland in Liberia.”

Article 2nd Executive Department S ECT. 1. The Supreme Executive power of this State shall be vested in a Governor, who shall be styled the Governor of the State of Maryland in Liberia, and whose title shall be, “His Excellency.” S ECT. 2. The Governor shall be chosen Biennially by qualified voters, and no person shall be eligible to this office unless at the time of his election he shall have been an inhabitant of the Commonwealth for three next preceding years, (unless he shall have been absent on public business for the State,) and unless he shall at the same time possess in his own right a freehold within the Commonwealth of the value of Five Hundred Dollars. He shall be elected by the Citizens of this Commonwealth, at the place they respectively vote for members of the Legislature. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Senate who shall open and publish them in the presence of the members of both Houses of the General Assembly. The person having the highest number of votes shall be Governor. But if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint votes of the members of

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both Houses. Contested elections shall be determined by a Committee to be selected from both Houses of the General Assembly, and formed and regulated in such manner as shall be directed by law. S ECT. 3. The Governor shall be at least Thirty years of Age. He shall receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected; and before he enters on the execution of his office he shall take the following Oath or affirmation: That I will faithfully execute the office of Governor of the State of Maryland in Liberia, and will to the best of my ability preserve and defend the Constitution, and enforce the laws of the State. S ECT. 4. He shall be Commander in Chief of the Army and the Navy of this State and of the Militia thereof, and shall in the recess of the Legislature or General Assembly have power to call out the Military or any portion thereof into actual service in defence of the State. But he shall not command personally in the field unless he shall be advised so to do by a resolution of the General Assembly. S ECT. 5. He shall nominate, and by and with the advice and consent of the Senate, appoint and commission all officers whose appointment is not otherwise directed by this Constitution or by law. Should any vacancy, or vacancies happen in offices the appointment of which is vested in the Governor and Senate, they shall be filled by the Governor during the recess of the General Assembly by granting commissions that shall expire at the end of the next session. S ECT. 6. He shall have power to remit fines and forfeitures, grant reprieves and pardons, (except in cases of impeachment,) by and with the advice of the Senate. He may require information, and advice in writing from any of the officers of the Executive

C ONSTITUTION OF M ARYLAND IN L IBERIA (1853) department upon any subject relating to the duties of their respective offices. S ECT. 7. He shall from time to time give to the General Assembly information of the affairs of the State, and recommend to their consideration such measures as he may deem expedient. He may on extraordinary occasions convene the General Assembly; and in case of a disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the time of their next Session. He shall take care that the Laws be faithfully executed. S ECT. 8. There shall be chosen at every election for Governor, a Lieutenant Governor, whose Title shall be “His Honor,” and who shall be elected in the same manner and continue in office for the same time and possess the same qualifications as those required of the Governor. In voting for Governor and Lieutenant Governor, the voters shall distinguish whom they vote for as Governor, and whom as Lieutenant Governor. He shall by virtue of his office, be President of the Senate, have a right when in a Committee of the whole, to debate and vote on all subjects, and when the Senate are equally divided, to give the casting vote. He shall be a member of the Governor’s Cabinet, to be consulted as all other members of their same on all matters appertaining to the Government. S ECT. 9. In the event of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, inability to discharge the powers and duties of his office, or absence from the State, the Lieutenant Governor shall exercise all the powers and authority appertaining to the office of Governor, until another shall have been duly qualified or the Governor absent or impeached shall return or be acquitted.

S ECT. 10. Whenever the Government shall be administered by the Lieutenant Governor or he shall be unable to attend as President of the Senate, the senate shall elect one of their own members as President for that occasion: and if, while the office of Governor is vacant, the Lieutenant Governor shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the President of the Senate, “Pro: Tempore,” shall in like manner administer the Government, until he shall be superceded by a Governor or Lieutenant Governor. The Lieutenant Governor while acting as President of the Senate shall receive for his services the same compensation which shall for the same period be allowed to the Speaker of the House of Delegates; and no more. And during the time that he may administer the Government as Governor, shall receive the same compensation which the Governor would have received and been entitled to, had he been employed in the duties of his office. S ECT. 11. The President “Pro: Tempore,” of the Senate, during the time he administered the Government, shall in like manner receive the same compensation which the Governor would have received, had he been employed on the duties of his office, and no more. S ECT. 12. In case the Lieutenant Governor shall be called upon to administer the Government, and shall in such administration resign, die, or be absent from the State during the recess of the General Assembly, it shall be the duty of the Secretary of State for time being, to convene the Senate for the purpose of choosing a President Pro Tem. S ECT. 13. A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall continue in office; only removed sooner, by the Governor, till the end of the official term

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M ARYLAND IN L IBERIA of Governor from whom he had his appointment. He shall keep a fair register, and attest all the official acts of the Governor, and shall when required, lay the same and all papers, minutes, and vouchers, relative thereto before either House of the General Assembly, and perform such other duties as may be required of him by law. S ECT. 14. There shall be elected by joint ballot of both Houses of the Legislature, and Commissioned by the Governor a Treasurer and Auditor, whose duties and powers shall be prescribed by law, and who shall hold their office for two years; and until their successors be appointed and qualified. The Treasurer, or other persons who may by law be charged with the custody of the public monies of this State, shall before he or they receive such monies, give bond to the State with sufficient sureties to the acceptance of the General Assembly for the faithful discharge of his or their trust. S ECT. 15. All resolutions to which the concurrence of both Houses may be necessary shall be presented to the Governor, and before they shall take effect, be approved by him, or disapproved, shall be repast by a majority of the members elected to both Houses according to the rules, and limitations prescribed in case of Bill

Judicial Department Article 3rd S ECT. 1 ST. The Judicial Power of this State both as to matter of law and equity, shall be vested in a Supreme Court, Courts of sessions for each county, and such subordinate Courts, as the General Assembly may from time to time establish by law. The Judges of the Supreme Courts, and other Judges of Courts shall hold their office during good behaviour, but may be removed by the Governor, on the address of two thirds of each House of the General Assembly, or by impeachment and Conviction thereon. S ECT. 2 ND . The Judges of the Supreme Courts and all other Judges of Courts, shall be appointed by the Governor, by and with the advice & consent of the Senate, and no person shall be eligible to the office of Judge, unless he has been for two years a citizen of the State of Maryland in Liberia, and shall have attained the age of Thirty years, and shall be possessed of unincumbered real estate of not less value than Three hundred Dollars. S ECT. 3 RD . Appeals may be made from the Courts of Sessions, and from Probate Courts, to the Supreme. Court, when the amount exceeds one hundred Dollars, and whose decision shall be final.

S ECT. 16. There shall be elected in each County by the qualified votes thereof one Sheriff and one Coroner, at the time and places of holding elections for members of the General Assembly. They shall continue in office for two years, and until successors shall be qualified and chosen.

S ECT. 4. The jurisdiction of all Justices of the Peace in civil cases, shall not be limited the causes in which the amount in Controversy shall not exceed Twenty five Dollars, and in all cases tried by a Justice of the Peace, the County Court shall have appellate jurisdiction.

S ECT. 17. There shall be a Seal of the State, which shall be kept by the Governor, and used by him officially, and shall be called, “The Seal of the State of Maryland in Liberia.”

S ECT. 5. The Judges of the Supreme and Inferior Courts, shall not charge Jurors with respect to matters of fact, but may state the Testimony and declare the law. In case all the Judges of the Supreme and Inferior

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C ONSTITUTION OF M ARYLAND IN L IBERIA (1853) Courts shall be interested in any cause, or related to all or either of the parties, the Governor of the State shall in such cases especially commission three men of law knowledge for the determination thereof. No Judge of any court, or Justice of the Peace, may act as an Attorney or be of counsel to any party. Nor shall he originate, or in any manner be concerned in civil suits, except these which may relate to his own rights. S ECT. 6. The Judges of the Supreme and Inferior Courts, shall at stated times receive for their services, a compensation to be fixed by law, which shall not be diminished during their continuance in office. S ECT. 7. The Clerks of the Supreme and Inferior Courts, shall be appointed by the Judge of the respective Courts. S ECT. 8. The Supreme Court shall have exclusive original jurisdiction in all suits against the Republic of Maryland in Liberia, in all cases affecting public ministers or Counsels, and in all cases of Divorce, and shall have original, but not exclusive jurisdiction in all cases of “Mandamus,” when the writ is to be addressed to a Court of Justice, to the Secretary of State, or the Treasurer of the Republic, in all cases of Habeas Corpus, and in all other cases of “Mandamus,” or the civil suits which the Legislature may direct. S ECT. 9. In all cases the Supreme Courts shall have appellate jurisdiction, both as to law and fact, with such modifications and under such rules as the Legislature shall from time to time establish by law. S ECT. 10. The Judges of Courts shall not receive any fee or emolument of any kind from any parties or others on account of any duty, required of them as Judges. S ECT. 11. The Governor shall appoint, by and with the advice and consent of the

Senate, a competent number of Justices of the Peace in each County, as is, or shall be directed by law, they being commissioned for one year, but shall be removed on conviction of misbehaviour in office, or any infamous crime, or on address of both Houses of the General Assembly.

Miscellaneous Provisions S ECT. 1 ST. All officers engaged in the ministration of Justice, and all other officers both civil and military in this Colony shall continue to hold and discharge the duties of their respective offices in the name and authority of the State, until others be elected and appointed to supersede them under the authority of this Constitution. S ECT. 2 ND . In order that no evils or inconveniences may arise from the change of this Government, or relations to the Maryland State Colonization Society, with regard to matters prosecuted by its authority while in power, – it is declared by this Constitution, that all rights, suits, actions, prosecutions, contracts, and claims, both as respects individual persons or bodies corporate, shall continue in full force as if no change had taken place in this Government. That no suits, complaints, – pleas, and other legal proceedings now – pending in the Quarterly Session Courts, Orphan Court, and Justices Courts, shall be prosecuted to final judgment and execution. All fines, penalties, and forfeitures due and owing to the Colony of Maryland in Liberia, shall enure to the new established State of Maryland in Liberia. And all lands and other official documents relating to matters of the Colonial Government, executed to the Governor or any other officers in his or their official capacity in this Colony, shall pass over to the Governor or other officers of the State, who may have been elected pursuant to the provisions of this Constitution.

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M ARYLAND IN L IBERIA S ECT. 3 RD . All persons holding in custody public monies, by appointment or otherwise, shall pass the same over to those who may be elected or appointed to fill such places, pursuant to this Constitution. S ECT. 4. All persons, who were citizens of Maryland in Liberia, shall be citizens of the Commonwealth of Maryland in Liberia. All colored persons immigrants from the United States of America, who shall subscribe a declaration of their desire to become citizens of the said State, and promise to conform to the Constitution and laws, shall thereby become citizens of the said State. All natives of Africa, who shall be permitted by the Governor with the advice and consent of the Lieutenant Governor, the Speaker of the House of Delegates, and the Secretary of State, or any two of them to subscribe a similar declaration and promise, shall in like manner become citizens. All descendants of any of the said class born within the limits of the State, shall be native citizens. The Legislature may provide uniform laws for the naturalization of other colored persons. Every woman who is the wife of a citizen shall be considered as a citizen. S ECT. 5. Until other provisions are made and established by law, Harper shall be the Seat of Government of the State of Maryland in Liberia, and the Governor, Secretary of State, Auditor of Public Accounts, and Treasurer, shall there hold their offices, and keep all the public Records, books, and papers, in any manner relating to their respective offices at the seat of Government. S ECT. 6. All officers shall reside in the State, and all districts, or town officers within their respective offices, at such places therein as will best meet the conveniences of the people, and all Militia officers reside within the bounds of the divisions, brigades, regiments, battalions, or

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companies to which they may severally belong. S ECT. 7. The Governor of the State alone shall have power to purchase land from the natives for the use of the public, by the advice, consent and direction of the General Assembly. And all individual persons contracting with the aboriginies for land for his or their own use, or for the advantage of others, such contracts or deeds shall be considered of no force or effect. S ECT. 8. That right of a certain proportion of land or territory for the Settlement of immigrants secured to the State Society by Treaty executed in Baltimore in the State of Maryland; between the said Society and Agents on the part of this Government, shall never be violated, unless it become necessary to do so in consequence of a dissolution of said Society. S ECT. 9. The holding of real estate in this State, by persons who are not citizens of Liberia is contrary to the spirit and intent of this Constitution, and ought not to be allowed. Notwithstanding, there is nothing in this section to be implied so as to interfere with the right to landed property or estate, which the State Society may have by compact, nor to Missionary, Educational, or other christian or benevolent Institutions, so long as the lands, property or estate is applied to its legitimate purposes. S ECT. 10. All officers elected or appointed under the provisions of this Constitution, shall before entering upon the duties of their respective offices, take and subscribe a solemn Oath or affirmation to support the Constitution of the State and faithfully and impartially discharge the duties of said offices. The Presiding officers of Senate, shall administer such Oath or affirmation to the Governor in convention of both Houses, and the Governor shall administer the same to the Lieutenant Governor,

C ONSTITUTION OF M ARYLAND IN L IBERIA (1853) to the Senate and to the Delegate in like manner. Whenever the Governor is unable to attend, the Chief Justice of the Supreme Court may administer the oath to him at any place, and also the Lieutenant Governor, Senators, and Delegates in Convention. Other officers may take such oath or affirmation before the Governor, Chief Justice, or any other person who may be designated by law. S ECT. 11. Treason against this State, shall consist only in levying war against it, in adhering to its enemies, or giving them aid and comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. S ECT. 12. The Governor shall be Exofficio Superintendent of native affairs, until otherwise provided by law.

afterwards by them submitted to the people and adopted by two thirds of the electors at the next biennial meeting for the election of Senators and Delegates. Done in Convention at Harper, in the County of Cape Palmas, by the unanimous consent of the People of the Commonwealth of Maryland in Liberia, this twentyninth Day of March, in the Year of Our Lord, One Thousand Eight Hundred and Fifty-Three, and of the Independence of the State of Maryland in Liberia, the First. In witness whereof we have affixed our names. Seal – A palm-tree with an anchor at its base. Beneath the palm-tree, the M OTTO “Hope,” above it, the words, “The State of Maryland in Liberia.” Flag – Six red and five white stripes, with a plain blue field.

Article 5th This Constitution may be altered whenever two thirds of both branches of the General Assembly shall deem it necessary. In which case alterations or amendments shall first be considered and approved by the General Assembly, by the concurrence of two thirds of the members of each branch, and

1

Verified by The Declaration of Rights, and the Constitution of the State of Maryland in Liberia, [Harper]: s.n., [1853], provided by the Maryland State Colonization Society. Adopted March 29, 1853. With the Constitution of 1853, Maryland in Liberia declared its independence from the Maryland Colonization Society. It remained in force until 1857, when Maryland became a county of Liberia. 2 Misnumbered in original

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Index

ambassadors, 59, 121 apportionment of representatives, 57 – by geographical units, 91, 107, 119–120, 126, 149 – by inhabitants, 57, 86, 113, 119–120, 127, 142, 148–150 capital punishment, 33, 39, 45 census, 57, 120, 150 church – state church, 31 citizenship, 79–80, 108, 124, 156 – loss of, 84, 92, 129 – obligations of, 46, 101 commerce, 93, 109, 147 common law, 79, 81, 84 constitution, 28, 40, 49, 51–54, 59, 61–81, 129, 148 – amendment of, 40, 63, 80–81, 94–95, 99, 105, 124, 132, 157 – fundamental principles, 27, 47, 88 corporations, 151 debtors, 131, 148 economy – regulations, 98, 99, 140 education, 83, 88, 115, 129–130, 136, 139, 147 election, eligibility for, 102, 136 – age, 57, 92, 103–104, 119–120, 122, 149, 152, 154 – citizenship, 57, 92, 102, 119–120, 122, 149, 154 – disqualifying attributes, 57, 129 – education, 57 – gender, 57, 86, 113 – property, 86, 102, 113, 119–120, 122, 142, 149, 152, 154 – race, ethnicity, 86, 113 – religion, 146–147

– residence, 57, 92, 101–102, 113, 119– 120, 134–149, 152 elections, 47, 57, 107, 123, 136–138 – contestation of, 57, 113, 151–152 – election committee, 86–87, 102, 113, 114, 136–137 – election day, 47, 86, 102, 113, 123, 127, 136–137, 149, 154 – electoral returns, 92, 107, 120, 123, 150, 152 – voting procedure, 47 – – ballot, 47, 102, 109, 118, 123, 126, 127, 130, 136–137, 154 electoral districts, 57–58, 102, 107, 113, 136–137 electoral principles, 57 – direct elections, 57–58 – equal elections, 57 – free elections, 145 – general elections, 86, 113 – secret elections, 47 executive, 47, 49–50, 52–61, 67–68, 97, 118 – council of state, 48–53, 60, 66–87, 90, 93–105, 114, 123, 134–137, 139 – duties, 48–50, 52–53, 61, 66–68, 113– 115, 141–142 – – state of the government address, 49, 135, 151, 153–154 – executive agencies, 49, 52, 67 – head of state, 47, 49–50, 60, 86–87, 90–91, 93–102, 104–105, 107–108, 113, 134, 137, 141–142, 149, 152–153, 156– 157 – – competencies, 48, 81, 86–88, 90, 94, 101–105, 107–109, 111, 113–116, 134–140, 142–143, 147, 149–150, 152–156 – members, 46, 52–53, 61, 63, 83, 86–87, 90–94, 97, 102, 104–121, 133, 138–157

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I NDEX – – appointment, 49–50, 52–53, 67, 94, 101, 105, 107, 120–121, 134–136 – – election, 51, 86, 88, 90, 102, 105, 108, 113, 120–123, 136–138, 152–154 – – ex officio, 52 – – impeachment, 52–53, 56, 58, 101, 104– 105, 149, 153 – – inability to serve, 53, 86, 91, 104–105, 108, 121, 137, 153 – – length of term, 52–53, 102, 105, 108, 120–123, 134–154 – – plurality of offices, 53, 62 – – qualifications, 48, 50, 62, 67, 121–122, 153 – – remuneration, 122, 152–153 – – responsibility, 49, 52, 136 – – right of attendance in legislature, 52– 53 – ministers, 49–50, 52–60, 62, 67–68 – monarch, 32–35, 44–58, 60–62, 66–68 – – demesne, 32, 50 – – domain, 32, 50 – – inviolability, 49–50 – – regency, 51 – – royal assent, 37, 49, 54 – – succession, 32, 47–48 – official seat, 52 – plural executive, 33, 34, 37, 49–54, 61, 67 – powers, 32–35, 37, 50–53, 61, 101–102, 105, 109, 121, 137 – – adjourning legislature, 48, 66–67, 120– 121, 153 – – appointing power, 49, 53, 56, 60, 67– 68, 81, 87–88, 101, 103–105, 107–108, 115, 116, 120–121, 135–140, 152–155 – – – vacancies, filling of, 94, 101, 120– 121, 152, 154 – – budgetary powers, 62, 68, 87, 90, 114 – – – emergency budgetary powers, 46 – – convoking legislature, 35, 48, 51, 66– 67, 102, 120–121, 142, 149, 153 – – dissolving legislature, 48, 66–67, 142 – – foreign affairs, control of, 33, 50 – – – treaties, 33, 49, 108, 120–121, 135

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– – judicial powers, 39, 87–88, 97, 108, 115, 135, 138–139 – – legislative powers, 142 – – – executive orders or ordinances, 50, 86, 120–121, 135, 152–153 – – – legislative initiative, 49, 90, 135 – – – sanctioning of laws, 49–51, 54, 62, 120, 150 – – – veto power, 49, 54, 90, 107, 111, 154 – – military commanding power, 32–34, 48, 50, 53, 66, 94, 104, 108, 116, 120– 121, 135, 152 – – pardoning power, 48, 57–58, 120–121, 142, 152–153 – – removal power, 49, 52, 67, 121–122, 147, 154 – – war and peacemaking, 33, 48, 66, 108 – presidential system, 120–121 – relation to other branches, 47, 49–53, 67– 68, 102, 107, 153 government, 33, 91, 101, 107, 117, 129, 142–143 – federal - state relations, 93–94 – – supremacy of federal law, 80, 99, 101 – finances, 46, 62, 68, 87, 151 – – budget, 46, 58, 62, 68 – – fiscal period, 46, 62, 68 – – revenue, ordinary and extraordinary, 46, 58, 62, 68 – form of, 47, 79, 81, 113, 130, 145 – – monarchy or empire, 47 – governmental institutions see also executive, legislative, 47, 82–85, 87–88, 90 – subnational government, 34, 35, 37–39, 53, 60 – – municipal government, 91–94, 122– 123 – – – municipal officers, 86–88, 102–105, 113–115, 120–121, 136–139, 154 – – provincial subdivisons (counties etc), 93–94, 109, 119–120, 126, 148–154 – – supervision of local government, 53 – suits against the state, 119, 148, 155

I NDEX hereditary distinctions, outlawed, 95, 131, 147 infrastructure – postal system, 93 – roads, 139 judiciary, 47, 50, 58–61, 79, 81–82, 118 – attorney general, 105, 120–121 – council of censors, 113, 115 – courts, 44–56, 58–63, 82, 97, 131, 137, 145 – – appellate court, 58–61 – – court of sessions, 83, 86–88, 103–104, 114, 115, 138–139, 141, 154 – – courts of equity, 59 – – inferior courts, 38, 58–61, 103, 108, 122, 151, 154–155 – – local courts, 39, 44–45, 58–61, 154 – – military courts, 88, 116, 139–140 – – supreme court, 33, 39, 58–61, 94, 103– 104, 108, 122, 151–152, 154–155 – – – as appellate court, 38, 39, 58–61, 94, 104, 108, 122, 155 – – – judges, 39, 58–94, 154–155 – – – – appointment, 39, 60, 103–104, 154 – – – – chief justice, 33, 58–61, 104–105, 120, 123, 138–139, 149, 156–157 – – – – impeachment, 58–122 – – – – incompatibility with other offices, 47, 88, 122 – – – – number, 39, 58–59, 103–104 – – – – qualifications, 62, 103–104 – – – – tenure, 58–59, 103–104, 108, 122, 154 – judges, 34, 38, 39, 45, 58–102, 122, 135– 136, 147, 154–155 – – appointment or election, 34, 37–39, 60, 120–121 – – incompatibility with other offices, 47, 62, 122 – – legally competent judges, 103 – judicial districts, 38, 39, 59, 104 – juries, 31, 44–45, 103, 139 – jurisdiction, 59, 104, 136, 151

– – appellate, 58–60, 82, 88, 94, 104, 115, 138–139, 154 – – ordinary, 59, 115 – – original, 82, 94, 104, 122, 138–139, 155 – – restrictions upon, 50, 104 – local judicial officers, 39, 60–61, 79, 81– 82, 87–88, 102–104, 115, 118, 120–121, 133–145, 154–155 – relation to other branches, 47, 50, 59, 94 – – distinction from administrative bodies, 102 – remuneration, 58–60, 122, 155 – trials, 31, 44–61 – – hearing of evidence, 44–48, 60, 66, 104 law, 27, 28, 31, 46, 54, 59–60, 62–63, 83, 98, 99, 105, 109, 119, 129–131, 145 – civil law, 119 – codification of existing bodies of law, 109 – transitional provisions, 62–123, 141, 155 – uniformity of, 27, 152 legislature, 44, 46–49, 51–55, 57–79, 97, 99, 102, 118, 126 – convocation of, 35, 36, 48, 51, 54, 66–68 – joint sessions, 36, 48, 66–67, 123, 154, 156–157 – lower house, 36, 46–63, 66–67, 91, 107, 119, 142, 148 – – members, 36, 54–57, 61–63, 102, 148– 149, 156–157 – – – election, 36, 47, 57–58, 91–92, 107, 119, 123, 149–150 – – – immunity, indemnity, 55, 92, 107, 120, 145, 150 – – – incompatibility, 47 – – – leader of lower house, 55, 91–92, 102, 150 – – – length of term, 57, 119, 123, 149 – – – mandatory attendance, 54 – – – plurality of offices, 47 – – – qualifications, 54, 57, 62, 92, 120, 150

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I NDEX – – – remuneration, 55–56, 91, 120, 150, 153 – – – speaker, 55, 119, 149–150, 156 – – – vacancy, 119, 149 – – – virilists, 62 – – powers, 36, 58, 92–94, 108–109 – – – adjournment, 48, 54, 66–67, 92, 120, 150 – – – appointing power, 92–93 – – – – confirmation of appointments, 103–104, 108 – – – appropriation of funds, 46, 58, 62, 68 – – – budgetary power, 46, 58, 62, 68 – – – bylaws, 54–55, 91–120, 150 – – – impeachment, 56, 58, 104–105, 119, 149 – – – judiciary functions, 54–55, 150 – – – legislation, 36, 46–47, 49, 53–58, 62, 68 – – – – legislative initiative, 54, 58, 92, 142, 150–151 – – – – passage of bills, 36, 54, 107, 111, 120, 150 – – – – – majorities, 36, 93, 107, 111, 120, 124, 142, 154 – – – – promulgation, 37, 54, 152 – – – – restrictions, 46, 93 – – – – – constitutionality of laws, 54 – – – – – ex post facto laws, 46 – – – – taking effect of law, 54 – – – – tax, revenue legislation, 46, 58, 93, 102, 146, 151–152 – – – ratification of treaties, 93 – – – tax grants, right of, 46 – – – war and peace-making, 46, 93 – – procedures, 45–49, 51–120 – – – budget report, 46, 52–53, 62, 67–68 – – – committees, 152 – – – dissolution, 48, 66–67 – – – duration of session, 48, 54, 66–68, 149–150 – – – election of officers, 36, 55, 63, 92, 119, 149 – – – first/constitutive session, 63, 91, 149–151

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– – – journal, 36, 54–55, 63 – – – – publication of, 87, 92, 151 – – – parliamentary officers, 55 – – – quorum, 54, 92, 150 – – – resolutions, 54, 58–59, 154 – – – sessions open to public, 150 – – – votes, 55, 62–63, 68 – official seat, 48, 66–67, 120, 152, 156 – powers, 35, 47, 53–54, 122–123, 147– 152, 154–156 – relation to other branches, 47, 53–54 – structure, 36, 53–68 – – bicameral, 53–54, 119, 142, 148 – – unicameral, 91 – third and further houses or chambers – – powers – – – legislation, 49 – upper house, 35, 46–56, 58–63, 66–68, 119, 142, 148, 156–157 – – members, 35, 54–56, 61, 63, 68, 148– 149 – – – appointment, 56, 68, 142 – – – election, 119–120, 123, 149–150 – – – ex officio, 53, 59 – – – immunity, indemnity, 55, 120, 145, 150 – – – leader of upper house, 55, 59, 121, 123, 150, 153, 156–157 – – – length of term, 56, 68, 119–120, 123, 142, 149 – – – mandatory attendance, 54 – – – plurality of offices, 47 – – – qualifications, 54, 56, 62, 120, 142, 150 – – – remuneration, 56, 120, 150, 153 – – – speaker, 55, 150, 152 – – – vacancy, 142 – – powers, 35, 143 – – – adjournment, 48, 54, 66–67, 120, 150 – – – appointing power – – – – confirmation of appointments, 120–121, 152–155 – – – appropriation of funds, 46, 58, 62, 68 – – – budgetary power, 46, 58, 62, 68

I NDEX – – – bylaws, 54–55, 120, 150 – – – impeachment, 56, 58–59, 120, 149 – – – judiciary functions, 54–56, 150 – – – – right of prosecution, 55 – – – legislation, 46–47, 53–58, 62, 68 – – – – legislative initiative, 54, 58, 142, 150–151 – – – – passage of bills, 35, 36, 54, 120, 150 – – – – – majorities, 36, 120, 124, 142, 154 – – – – promulgation, 37, 54, 152 – – – – restrictions, 46 – – – – – constitutionality of laws, 54 – – – – – ex post facto laws, 46 – – – – taking effect of laws, 54 – – – – tax or revenue legislation, 46, 58, 146 – – procedures, 45–49, 51–120 – – – committees, 152 – – – dissolution, 48, 66–67 – – – duration of session, 48, 54, 66–68, 149–150 – – – election of officers, 36, 55, 63 – – – first/constitutive session, 63, 149– 151 – – – journal, 36, 54–55, 63 – – – – publication of, 87, 151 – – – quorum, 54, 142, 150 – – – resolutions, 54, 58–59, 154 – – – sessions open to public, 150 – – – votes, 55, 62–63, 68 military, 46–48, 53, 66, 98 – conscription, 139–140 – members, 46–47, 93, 104, 121, 155 – – special regulations for, 46–47, 116 – navy, 48, 66, 93, 152 – organization of, 48, 53, 66, 83, 93 – quartering of troops, 46–47, 147 – standing army, 48, 53, 66, 116, 118, 146 – subordination to civil authorities, 46–48, 53, 66, 88, 109, 118, 131, 146 – supreme command, 33, 48, 66 militia, 82, 83, 93–94, 108, 116, 135, 139– 140, 146, 152, 156

nobility, 35, 48, 50 – abolition of titles of, 95, 131, 147 – position of, 48 – privileges, 35, 48 oaths, 61–62, 86, 95, 102–103, 120, 130, 134–147, 149, 156–157 – loyalty oaths, 79, 81 – of office, 61–62, 122–123, 152 police power, domestic security, 44–46, 50 population groups, 57–58 – foreigners, 57–58 – minorities – – African-Americans, 97 – – colonists, 82, 85 – – indigents, 129–130, 147, 156 – multiethnic states, 124 – – dominant ethnic group/nation, 157 – – relations between ethnic groups/nations, 85, 129–130, 141, 147 – – rights and privileges of ethnic groups/nations, 57–58, 124 religion, 43, 129–130 – Christianity, 117, 146–147 – state religion, 31 representation, 57, 142 rights, 27, 28, 30, 43–58, 60, 79–81, 94, 97 – abolition or alteration of government, popular right of, 63, 117, 119, 145 – assembly, freedom of, 44, 95, 103, 117, 131 – association, freedom of, 44 – bearing or keeping of arms, 131, 148 – business, freedom to conduct, 27, 43 – emigration, right of, 109, 124, 131, 147 – equality, 27, 29–31, 43, 45–46 – ex post facto laws, illegality of, 46, 103, 118, 130, 131, 146 – expression, freedom of, 43–44, 102–103, 118, 130, 147 – habeas corpus, 44, 95, 103, 119, 131, 146, 155 – inalienability of rights, 27, 43, 117, 131, 148

163

I NDEX – innocent, rights of, 31 – inviolability of the home, 28, 45–47, 95, 103, 118, 130, 146 – legal rights, 29, 31, 44–103, 109, 130, 131, 146 – – bail, 103, 119 – – compulsory process (for exculpatory evidence), 44–45, 103, 117–146 – – confrontation with witnesses for the prosecution, 31, 44–45, 103, 118, 130, 146 – – counsel, 44–45, 103, 130, 146 – – cruel or unusual punishment, prohibition of, 27, 103, 118, 131, 146 – – double jeopardy, 45, 103, 118, 130 – – due process, 28, 31, 44–45, 103, 118, 131, 146 – – excessive fines, prohibition of, 103, 118, 131, 146 – – indictment and information, 44–45 – – non-self-incrimination, 45, 103, 118, 130, 146 – – to be heard, 44–45, 103, 117–118, 130, 146 – – trial by jury, 44, 84, 95, 103, 109, 117– 147 – liberty and security of person, 27–30, 43, 45–46, 95, 103, 117–118, 129–146 – liberty of residence, 28, 43, 45 – life, right to, 27, 29, 43, 45–46, 103, 117– 118, 129, 130 – matrimony, 151, 155 – occupation, freedom of, 43 – personal freedom, 27, 29, 43, 46, 101 – petition, right of, 44, 95, 117, 131, 145– 146 – popular sovereignty, 145 – press, freedom of the, 43–44, 95, 102– 103, 118, 147 – property rights, 28, 29, 43, 45–46, 84, 103, 117, 123–130, 132–136, 141, 151, 156 – – expropriation, 28, 45–46, 95, 103, 118, 130, 146 – – freedom of ownership, 28, 30, 43, 45– 46 – religion, freedom of, 31, 43, 95, 102, 164

117, 130, 146–147 – self-defense, right of, 44–45, 117–118, 131, 148 – separation of powers, 47, 49, 53–54, 102, 118, 145 – speech, freedom of, 43–44, 95, 130, 147 settlement, 79–81, 86, 91, 107, 113, 129, 140–142, 148–149, 156 slavery, 45, 79, 81, 98, 101, 109, 117, 129, 131, 141, 147–148 social welfare, 45–46, 54, 68 – financing of, 54 – orphans, 134 sovereign rights of the state, 50, 82 – right of coinage, 50 state and administrative apparatus, 49, 63, 67, 137–138 – administration, 49, 63, 67 – civil servants, 52, 86, 102, 136, 138–139, 155 state independence, 50, 109 state insignias, 50–51, 107–108, 154 state structure, 47 state territory, 45, 84, 101, 108, 132, 148– 149, 156 tariffs and duties, 46, 98, 99, 130 taxes, 27, 32, 37, 38, 46, 57–62, 68, 99 – tax equity, 27, 46 – tax expenditures, 46, 58, 62, 68 – taxation, 27, 29, 34, 37, 38, 46, 58, 118– 119, 130, 136, 146 territorial organization, 53, 109, 132, 142–143 – boundaries, 148–149 treason, 47, 55, 157 voting rights, 47, 57–58, 97, 102, 130, 136 – age, 57–58, 109, 118 – citizenship, 57–58, 109 – disqualifying attributes, 47, 57–58 – gender, 57–58, 109, 113, 118, 150 – property, 86, 113, 118 – race, ethnicity, 57–58, 113, 145 – residence, 57–58, 150 war, state of, 46–48, 50, 66

‘Inideka

aukanaka, 79–81, 86, 91, 107, 113, 129, 140–142, 148–149, 156 aupuni, 33, 91, 101, 107, 117, 129, 142– 143 – aupuni noho mana ‘ole, 34, 35, 37–39, 53, 60 – – aupuni k¯ulanakauhale, 91–94, 122– 123 – – – kuhina k¯ulanakauhale, 86–88, 102– 105, 113–115, 120–121, 136–139, 154 – – ho‘oponopono i aupuni k¯uloko, 53 – – m¯ahele moku‘¯aina, 93–94, 109, 119– 120, 126, 148–154 – ho‘opi‘i k¯u‘¯e aupuni, 119, 148, 155 – kino, 47, 79, 81, 113, 130, 145 – – aupuni m¯o‘¯ı, 47 – pilina pekelala - moku‘¯aina, 93–94 – – mana ki‘eki‘e o ke k¯an¯awai pekelala, 80, 99, 101 – waihona k¯al¯a, 46, 62, 68, 87, 151 – – kau waihona k¯al¯a, 46, 62, 68 – – loa‘a k¯umau a k¯umau ‘ole, 46, 58, 62, 68 – – mo‘ok¯al¯a, 46, 58, 62, 68 – ‘oihana aupuni, e n¯an¯a p¯u i¯a ho‘ok¯o, ‘aha ‘¯olelo, 47, 82–85, 87–88, 90 ¯ e k¯an¯awai, 95, hanohano ho‘oilina, ku‘¯ 131, 147 helu kanaka, 57, 120, 150 h¯o‘ailona aupuni, 50–51, 107–108, 154 ho‘okele waiwai – k¯an¯awai, 98, 99, 140 ho‘ok¯o, 47, 49–50, 52–61, 67–68, 97, 118 – aupuni pelekikena, 120–121 – kuhina, 49–50, 52–60, 62, 67–68 – l¯al¯a, 46, 52–53, 61, 63, 83, 86–87, 90– 94, 97, 102, 104–121, 133, 138–157 – – ex officio, 52

– – hiki ‘ole ke lawelawe, 53, 86, 91, 104– 105, 108, 121, 137, 153 – – ho‘okohu, 49–50, 52–53, 67, 94, 101, 105, 107, 120–121, 134–136 – – k¯ıpaku luna k¯alai‘¯aina, 52–53, 56, 58, 101, 104–105, 149, 153 – – koho p¯aloka, 51, 86, 88, 90, 102, 105, 108, 113, 120–123, 136–138, 152–154 – – kuleana, 49, 52, 136 – – m¯akaukau no ka lawelawe ‘ana, 48, 50, 62, 67, 121–122, 153 – – manawa e lawelawe ai, 52–53, 102, 105, 108, 120–123, 134–154 – – pono o ka noho ‘ana ma ka ‘aha‘¯olelo, 52–53 – – p¯u‘ulu k¯ulana lawelawe, 53, 62 – – uku p¯ana‘i, 122, 152–153 – m¯ahele hana, 48–50, 52–53, 61, 66–68, 113–115, 141–142 – – ha‘i‘¯olelo h¯o‘ike k¯ulana aupuni, 49, 135, 151, 153–154 – mana, 32–35, 37, 50–53, 61, 101–102, 105, 109, 121, 137 – – ho‘omalolo ‘aha‘¯olelo, 48, 66–67, 120–121, 153 – – ho‘omana ‘aha‘¯olelo, 35, 48, 51, 66– 67, 102, 120–121, 142, 149, 153 – – ho‘ouka kaua me ka ho‘omaluhia, 33, 48, 66, 108 – – k¯apae ‘aha‘¯olelo, 48, 66–67, 142 – – mana ho‘okohu, 49, 53, 56, 60, 67– 68, 81, 87–88, 101, 103–105, 107–108, 115, 116, 120–121, 135–140, 152–155 – – – noho hakahaka, mana ho‘okohu, 94, 101, 120–121, 152, 154 – – mana ho‘okolokolo, 39, 87–88, 97, 108, 115, 135, 138–139 – – mana huikala, 48, 57–58, 120–121, 142, 152–153 – – mana k¯apae, 49, 52, 67, 121–122, 147, 154

165

‘I NIDEKA – – mana kau k¯an¯awai, 142 – – – h¯apai k¯an¯awai, 49, 90, 135 – – – h¯o‘oia i k¯an¯awai, 49–51, 54, 62, 120, 150 – – – k¯an¯awai a ke po‘o ho‘ok¯o, 50, 86, 120–121, 135, 152–153 – – – mana h¯o‘ole, 49, 54, 90, 107, 111, 154 – – mana kauoha p¯u‘ali kaua, 32–34, 48, 50, 53, 66, 94, 104, 108, 116, 120–121, 135, 152 – – mana mo‘ohelu k¯al¯a, 62, 68, 87, 90, 114 – – – mana mo‘ohelu k¯al¯a k¯uikaw¯a, 46 – – n¯a hana k¯uwaho, ho‘okele i, 33, 50 – – – palapala ku‘ikahi, 33, 49, 108, 120– 121, 135 – m¯o‘¯ı, 32–35, 44–58, 60–62, 66–68 – – k¯a‘ei noho ali‘i, 32, 50 – – kuleana pilikino, 32, 50 – – mo‘o ali‘i, 32, 47–48 – – noa i ka ho‘opilikia ‘ia, 49–50 – – noho ali‘i ‘ana o ke kahu, 51 – – ‘ae ‘ana o ke ali‘i, 37, 49, 54 – noho k¯uhelu, 52 – pilina i n¯a l¯al¯a ‘¯e a‘e, 47, 49–53, 67–68, 102, 107, 153 – po‘o aupuni, 47, 49–50, 60, 86–87, 90– 91, 93–102, 104–105, 107–108, 113, 134, 137, 141–142, 149, 152–153, 156– 157 – – kuleana, 48, 81, 86–88, 90, 94, 101– 105, 107–109, 111, 113–116, 134–140, 142–143, 147, 149–150, 152–156 – ‘aha k¯uk¯a o ke aupuni, 48–53, 60, 66–87, 90, 93–105, 114, 123, 134–137, 139 – ‘aha noho ali‘i, 33, 34, 37, 49–54, 61, 67 – ‘oihana ho‘ok¯o, 49, 52, 67 ho‘okolokolo, 47, 50, 58–61, 79, 81–82, 118 – hihia, 31, 44–61 – – lohe i ka ‘¯olelo h¯o‘ike, 44–48, 60, 66, 104 – kiule, 31, 44–45, 103, 139 – loio kuhina, 105, 120–121

166

– luna ho‘okolokolo, 34, 38, 39, 45, 58– 102, 122, 135–136, 147, 154–155 – – ho‘okohu a koho ‘ia, 34, 37–39, 60, 120–121 – – k¯upono ‘ole o ka lawelawe ‘ana ma n¯a ‘oihana ‘¯e a‘e, 47, 62, 122 – – luna k¯an¯awai m¯akaukau ma ke k¯an¯awai, 103 – luna ‘aha ho‘okolokolo k¯uloko, 39, 60– 61, 79, 81–82, 87–88, 102–104, 115, 118, 120–121, 133–145, 154–155 – mana ho‘okolokolo, 59, 104, 136, 151 – – ho‘opi‘i k¯u‘¯e, 58–60, 82, 88, 94, 104, 115, 138–139, 154 – – kau palena i ka, 50, 104 – – k¯umau, 59, 115 – – kumu, 82, 94, 104, 122, 138–139, 155 – pilina me n¯a l¯al¯a ‘¯e a‘e, 47, 50, 59, 94 – – noho ka‘awale mai n¯a ‘oihana aupuni ‘¯e a‘e, 102 – uku, 58–60, 122, 155 – ‘aha ho‘okolokolo, 44–56, 58–63, 82, 97, 131, 137, 145 – – ‘aha ho‘okolokolo ha‘aha‘a, 38, 58– 61, 103, 108, 122, 151, 154–155 – – ‘aha ho‘okolokolo ho‘opi‘i k¯u‘¯e, 58– 61 – – ‘aha ho‘okolokolo kaulike, 59 – – ‘aha ho‘okolokolo ki‘eki‘e, 33, 39, 58– 61, 94, 103–104, 108, 122, 151–152, 154–155 – – – luna k¯an¯awai, 39, 58–94, 154–155 – – – – helu, 39, 58–59, 103–104 – – – – ho‘okohu, 39, 60, 103–104, 154 – – – – kau noho, 58–59, 103–104, 108, 122, 154 – – – – k¯ıpaku, 58–122 – – – – k¯upono ‘ole o ka lawelawe ‘ana ma n¯a ‘oihana ‘¯e a‘e, 47, 88, 122 – – – – Luna k¯an¯awai ki‘eki‘e a kaulike, 33, 58–61, 104–105, 120, 123, 138–139, 149, 156–157 – – – – m¯akaukau, 62, 103–104 – – – ma ke ‘ano he ‘aha ho‘okolokolo ho‘opi‘i k¯u‘¯e, 38, 39, 58–61, 94, 104, 108, 122, 155

‘I NIDEKA – – ‘aha ho‘okolokolo koa, 88, 116, 139– 140 – – ‘aha ho‘okolokolo k¯uloko, 39, 44–45, 58–61, 154 – – ‘aha ho‘okolokolo noho mau, 83, 86– 88, 103–104, 114, 115, 138–139, 141, 154 – ‘aha luna ‘¯apono, 113, 115 – ‘¯apana ho‘okolokolo, 38, 39, 59, 104 ho‘okuapa‘a, 45, 79, 81, 98, 101, 109, 117, 129, 131, 141, 147–148 ho‘omana, 43, 129–130 – ho‘omana aupuni, 31 – ho‘omana Kailikiano, 117, 146–147 ho‘ona‘auao, 83, 88, 115, 129–130, 136, 139, 147 ho‘onohonoho panal¯a‘au, 53, 109, 132, 142–143 – palena ‘¯aina, 148–149 ho‘opa‘i ku¯ i ka make, 33, 39, 45 kahua hana koho p¯aloka, 57 – koho p¯aloka k¯ulike, 57 – koho p¯aloka k¯u‘oko‘a, 145 – koho p¯aloka laul¯a, 86, 113 – koho p¯aloka mal¯u, 47 – koho p¯aloka pololei, 57–58 kanaka n¯ana ka ‘ai‘¯e poh¯o, 131, 148 k¯an¯awai, 27, 28, 31, 46, 54, 59–60, 62–63, 83, 98, 99, 105, 109, 119, 129–131, 145 – ho‘onohonoho k¯uhelu i n¯a k¯an¯awai e k¯u nei, 109 – ho‘onohonoho ‘ana k¯uikaw¯a, 62–123, 141, 155 – k¯an¯awai kiwila, 119 – k¯ulike o, 27, 152 k¯an¯awai kumu, 79, 81, 84 kauoha ki‘ieki‘e, 82, 83, 93–94, 108, 116, 135, 139–140, 146, 152, 156 ke‘ena ho‘okele aupuni, 49, 63, 67, 137– 138 – limahana aupuni, 52, 86, 102, 136, 138– 139, 155 – papa luna ho‘okele, 49, 63, 67 koho ma ka ‘elele, 57, 142 koho p¯aloka, 47, 57, 107, 123, 136–138

– hopena koho p¯aloka, 92, 107, 120, 123, 150, 152 – ka‘ina hana koho p¯aloka, 47 – – p¯aloka, 47, 102, 109, 118, 123, 126, 127, 130, 136–137, 154 – k¯omike koho p¯aloka, 86–87, 102, 113, 114, 136–137 – k¯u‘¯e, 57, 113, 151–152 – l¯a koho p¯aloka, 47, 86, 102, 113, 123, 127, 136–137, 149, 154 ¯ koho p¯aloka ‘ia, kupono i ke, 102, 136 – ho‘omana, 146–147 – ho‘ona‘auao, 57 – keka, 57, 86, 113 – l¯ahui, 86, 113 – ma ka nui o n¯a makahiki, 57, 92, 103– 104, 119–120, 122, 149, 152, 154 – ma ke kupu ‘ana, 57, 92, 102, 119–120, 122, 149, 154 – n¯a mea e ‘¯apono ‘ole ‘ia ai, 57, 129 – wahi noho, 57, 92, 101–102, 113, 119– 120, 134–149, 152 – waiwai lewa, 86, 102, 113, 119–120, 122, 142, 149, 152, 154 ku¯ m¯akaia, 47, 55, 157 kuke waiwai, kuke, 46, 98, 99, 130 ¯ kulana ali‘i, 35, 48, 50 – ho‘opau ‘ana i ke k¯ulana, 95, 131, 147 – k¯ulana ali‘i, 48 – kuleana, 35, 48 ¯ kulana kaua, 46–48, 50, 66 kuleana koho p¯aloka, 47, 57–58, 97, 102, 130, 136 – hewa e ‘¯apono ‘ole ai, 47, 57–58 – keka, 57–58, 109, 113, 118, 150 – k¯ulana kupa, 57–58, 109 – l¯ahui, 57–58, 113, 145 – nohona, 57–58, 150 – nui makahiki, 57–58, 109, 118 – waiwai, 86, 113, 118 kumuk¯an¯awai, 28, 40, 49, 51–54, 59, 61– 81, 129, 148 – ho‘ponopono ‘ia o, 40, 63, 80–81, 94– 95, 99, 105, 124, 132, 157 – kuleana kumu, 27, 47, 88

167

‘I NIDEKA kupa kaumoku‘¯aina, 79–80, 108, 124, 156 – ho‘onele ‘ia o ke kupa kaumoku‘¯aina, 84, 92, 129 – kuleana o ke kupa kaumoku‘¯aina, 46, 101 ¯ ku‘oko‘a aupuni, 50, 109 m¯ahele ‘ia ‘ana o n¯a ‘elele, 57 – ma ka nui o n¯a kama‘¯aina, 57, 86, 113, 119–120, 127, 142, 148–150 – ma n¯a m¯ahele ‘¯aina, 91, 107, 119–120, 126, 149 ¯ mana m¯aka‘i, palekana kuloko, 44–46, 50 panal¯a‘au aupuni, 45, 84, 101, 108, 132, 148–149, 156 ¯ pili nohona kuloko – alanui, 139 – ‘¯onaehana hale leka, 93 pilina aupuni, 47 pono, 27, 28, 30, 43–58, 60, 79–81, 94, 97 – aupuni koho p¯aloka, 145 – habeas corpus, 44, 95, 103, 119, 131, 146, 155 – h¯apai a i ‘ole m¯alama i n¯a mea kaua, 131, 148 – hewa ‘ole kuhi ‘ia, kuleana, 31 – ho‘oku‘u a ho‘ololi i ke aupuni, kuleana o ka lehulehu, 63, 117, 119, 145 – ho‘omana, ke k¯unoa, 31, 43, 95, 102, 117, 130, 146–147 – ho‘opuka mana‘o, kuleana, 43–44, 102– 103, 118, 130, 147 – hui ‘ana, kuleana, 44 – k¯an¯awai ex post facto, ke ‘ano k¯u‘¯e, 46, 103, 118, 130, 131, 146 – kaulike, 27, 29–31, 43, 45–46 – komo a noho, kuleana, 43 – k¯u ka‘awale o n¯a mana, 47, 49, 53–54, 102, 118, 145 – kuleana koho wahi noho, 28, 43, 45 – kuleana ‘¯aina, 28, 29, 43, 45–46, 84, 103, 117, 123–130, 132–136, 141, 151, 156

168

– – ho‘oili aupuni, 28, 45–46, 95, 103, 118, 130, 146 – – kuleana ‘ona, 28, 30, 43, 45–46 – k¯u‘oko‘a a me ka palekana o ke kanaka, 27–30, 43, 45–46, 95, 103, 117–118, 129–146 – k¯u‘oko‘a pono‘¯ı, 27, 29, 43, 46, 101 – male, 151, 155 – ola, kuleana, 27, 29, 43, 45–46, 103, 117– 118, 129, 130 – palapala noi, kuleana, 44, 95, 117, 131, 145–146 – pale kino pono‘¯ı, 44–45, 117–118, 131, 148 – pa‘i palapala, kuleana, 43–44, 95, 102– 103, 118, 147 – p¯a‘oihana, kuleana, 27, 43 – pono k¯an¯awai, 29, 31, 44–103, 109, 130, 131, 146 – – a‘oa‘o loio, 44–45, 103, 130, 146 – – hihia ma ke kiule, 44, 84, 95, 103, 109, 117–147 – – hika‘¯ahewa, 45, 103, 118, 130, 146 – – ho‘opa‘i ho‘om¯ainoino a ‘ano ‘¯e paha, p¯ap¯a k¯an¯awai, 27, 103, 118, 131, 146 – – ho‘opi‘i k¯uhelu a me ka h¯o‘ike, 44–45 – – ho‘opi‘i ‘elua, 45, 103, 118, 130 – – ka‘ina koina, 44–45, 103, 117–146 – – k¯u i ke ka‘ina k¯an¯awai, 28, 31, 44–45, 103, 118, 131, 146 – – lohe ‘ia, 44–45, 103, 117–118, 130, 146 – – p¯ela, 103, 119 – – uku ho‘opa‘i p¯akeu, 103, 118, 131, 146 – – ‘ikemaka i n¯a mea h¯o‘ike ma ka ‘ao‘ao ho‘opi‘i, 31, 44–45, 103, 118, 130, 146 – pono k¯apae ‘ole, 27, 43, 117, 131, 148 – pukane‘e, kuleana, 109, 124, 131, 147 – ‘¯akoakoa, kuleana, 44, 95, 103, 117, 131 – ‘ano kapu loa o ka home, 28, 45–47, 95, 103, 118, 130, 146 – ‘¯olelo, ke k¯unoa o, 43–44, 95, 130, 147 pono ea o ka ‘¯aina, 50, 82 – kuleana ku‘i k¯al¯a, 50

‘I NIDEKA pono o ka lehulehu, 45–46, 54, 68 – ho‘olako waiwai i, 54 – keiki makua ‘ole, 134 ¯ pu‘ali koa, 46–48, 53, 66, 98 – ho‘onoho koa, 46–47, 147 – ho‘onohonoho ‘ana o, 48, 53, 66, 83, 93 – komo koina i ka p¯u‘ali koa, 139–140 – l¯al¯a, 46–47, 93, 104, 121, 155 – – lula k¯uikaw¯a no ka, 46–47, 116 – noho ma lalo o, 33, 48, 66 – noho ma lalo o ka mana kiwila, 46–48, 53, 66, 88, 109, 118, 131, 146 – p¯u‘ali kaua moana, 48, 66, 93, 152 – p¯u‘ali koa k¯umau, 48, 53, 66, 116, 118, 146 ¯ pu‘uo kanaka, 57–58 – k¯anaka ‘¯ı, 57–58 – l¯ahui hapa ‘u‘uku – – kuewa, 129–130, 147, 156 – – po‘e panal¯a‘au, 82, 85 – – ‘Amelika-‘Apelika, 97 – ‘¯aina l¯ahui makawalu, 124 – – l¯ahui/‘¯aina noho mana, 157 – – pili o n¯a l¯ahui/‘¯aina kekahi me kekahi, 85, 129–130, 141, 147 – – pono a kuleana o n¯a l¯ahui/‘¯aina, 57–58, 124 ‘ahahuina, 151 ‘aha‘¯olelo, 44, 46–49, 51–55, 57–79, 97, 99, 102, 118, 126 – ho‘¯akoakoa ‘ia o, 35, 36, 48, 51, 54, 66– 68 – mana, 35, 47, 53–54, 122–123, 147–152, 154–156 – noho hui, 36, 48, 66–67, 123, 154, 156– 157 – noho k¯uhelu, 48, 66–67, 120, 152, 156 – pili me n¯a l¯al¯a ‘¯e a‘e, 47, 53–54 – pili nohona, 36, 53–68 – – ‘aha kau k¯an¯awai p¯akahi, 91 – – ‘aha kau k¯an¯awai p¯alua, 53–54, 119, 142, 148 – ‘aha kolu a ‘oi – – mana – – – kau k¯an¯awai, 49

– ‘aha‘¯olelo o lalo, 36, 46–63, 66–67, 91, 107, 119, 142, 148 – – ka‘ina hana, 45–49, 51–120 – – – h¯al¯awai puka h¯amama, 150 – – – hapanui, 54, 92, 150 – – – ho‘oku‘u, 48, 66–67 – – – hui mua kau k¯an¯awai, 63, 91, 149– 151 – – – koho p¯aloka i n¯a luna, 36, 55, 63, 92, 119, 149 – – – koho, 55, 62–63, 68 – – – k¯omike, 152 – – – luna p¯alemata, 55 – – – manawa e noho ai ka ‘aha‘¯olelo, 48, 54, 66–68, 149–150 – – – mo‘olelo mo‘ohelu, 46, 52–53, 62, 67–68 – – – mo‘olelo ‘aha‘¯olelo, 36, 54–55, 63 – – – – ho‘olaha i ke a¯ kea, 87, 92, 151 – – – ‘¯olelo ho‘oholo, 54, 58–59, 154 – – l¯al¯a, 36, 54–57, 61–63, 102, 148–149, 156–157 – – – koho p¯aloka, 36, 47, 57–58, 91–92, 107, 119, 123, 149–150 – – – komo koi ‘ia, 54 – – – launa ‘ole, 47 – – – m¯akaukau, 54, 57, 62, 92, 120, 150 – – – manawa e lawelawe ai, 57, 119, 123, 149 – – – mea ha‘i‘¯olelo, 55, 119, 149–150, 156 – – – noa i ka ho‘opi‘i ‘ia, 55, 92, 107, 120, 145, 150 – – – noho hakahaka, 119, 149 – – – noho ‘elele ’ana o n¯a k¯anaka waiwai wale n¯o ma ka ‘aha‘¯olelo o luna, 62 – – – po‘o luna o ka ‘aha‘¯olelo o lalo, 55, 91–92, 102, 150 – – – p¯u‘ulu k¯ulana lawelawe, 47 – – – uku, 55–56, 91, 120, 150, 153 – – mana, 36, 58, 92–94, 108–109 – – – hana ‘aha ho‘okolokolo, 54–55, 150 – – – ha‘awina k¯al¯a uku ‘auhau, 46 – – – ha‘awina k¯al¯a, 46, 58, 62, 68 – – – ho‘¯apono i ke ku‘ikahi, 93

169

‘I NIDEKA – – – ho‘ouka kaua me ka ho‘omaluhia, 46, 93 – – – kau k¯an¯awai, 36, 46–47, 49, 53–58, 62, 68 – – – – h¯apai k¯an¯awai, 54, 58, 92, 142, 150–151 – – – – ho‘olaha, 37, 54, 152 – – – – kaupalena, 46, 93 – – – – – ex post facto, 46 – – – – – ke k¯u ‘ana o kekahi k¯an¯awai i ke kumuk¯an¯awai, 54 – – – – k¯o o ke k¯an¯awai, 54 – – – – ‘¯apono pila, 36, 54, 107, 111, 120, 150 – – – – – hapanui, 36, 93, 107, 111, 120, 124, 142, 154 – – – – ‘auhau, loa‘a kau k¯an¯awai, 46, 58, 93, 102, 146, 151–152 – – – k¯ıpaku, 56, 58, 104–105, 119, 149 – – – lula k¯uloko, 54–55, 91–120, 150 – – – malolo, 48, 54, 66–67, 92, 120, 150 – – – mana ho‘okohu, 92–93 – – – – h¯o‘oia ho‘okohu, 103–104, 108 – – – mana mo‘ohelu k¯al¯a, 46, 58, 62, 68 – ‘aha‘¯olelo o luna, 35, 46–56, 58–63, 66– 68, 119, 142, 148, 156–157 – – ka‘ina hana, 45–49, 51–120 – – – h¯al¯awai puka h¯amama, 150 – – – hapanui, 54, 142, 150 – – – ho‘oku‘u, 48, 66–67 – – – hui mua kau k¯an¯awai, 63, 149–151 – – – koho p¯aloka i n¯a luna, 36, 55, 63 – – – koho p¯aloka, 55, 62–63, 68 – – – k¯omike, 152 – – – manawa e noho ai ka ‘aha‘¯olelo, 48, 54, 66–68, 149–150 – – – mo‘olelo ‘aha‘¯olelo, 36, 54–55, 63 – – – – ho‘olaha i ke a¯ kea, 87, 151 – – – ‘¯olelo ho‘oholo, 54, 58–59, 154 – – l¯al¯a, 35, 54–56, 61, 63, 68, 148–149 – – – ex officio, 53, 59 – – – ho‘okohu, 56, 68, 142 – – – komo koina, 54 – – – m¯akaukau, 54, 56, 62, 120, 142, 150 – – – manawa e lawelawe ai, 56, 68, 119– 120, 123, 142, 149 – – – mea ha‘i‘¯olelo, 55, 150, 152 170

– – – noa i ka ho‘opi‘i ‘ia, 55, 120, 145, 150 – – – noho hakahaka, 142 – – – po‘o luna o ka ‘aha‘¯olelo o luna, 55, 59, 121, 123, 150, 153, 156–157 – – – p¯u‘ulu k¯ulana lawelawe, 47 – – – uku, 56, 120, 150, 153 – – – wae moho, 119–120, 123, 149–150 – – mana, 35, 143 – – – hana ‘aha ho‘okolokolo, 54–56, 150 – – – – mana ho‘opi‘i, 55 – – – ha‘awina k¯al¯a, 46, 58, 62, 68 – – – kau k¯an¯awai, 46–47, 53–58, 62, 68 – – – – h¯apai k¯an¯awai, 54, 58, 142, 150– 151 – – – – ho‘olaha, 37, 54, 152 – – – – kau k¯an¯awai ‘auhau, 46, 58, 146 – – – – kaupalena, 46 – – – – – k¯an¯awai ex post facto, 46 – – – – – ke k¯u ‘ana o kekahi k¯an¯awai i ke kumuk¯an¯awai, 54 – – – – k¯o o ke k¯an¯awai, 54 – – – – ‘¯apono pila, 35, 36, 54, 120, 150 – – – – – hapanui, 36, 120, 124, 142, 154 – – – k¯ıpaku, 56, 58–59, 120, 149 – – – lula k¯uloko, 54–55, 120, 150 – – – malolo, 48, 54, 66–67, 120, 150 – – – mana ho‘okohu – – – – h¯o‘oia ho‘okohu, 120–121, 152– 155 – – – mana mo‘ohelu k¯al¯a, 46, 58, 62, 68 ‘¯apana koho p¯aloka, 57–58, 102, 107, 113, 136–137 ‘auhau, 27, 32, 37, 38, 46, 57–62, 68, 99 – ho‘olilo ‘auhau, 46, 58, 62, 68 – kaulike ‘auhau, 27, 46 – ‘ohi k¯al¯a ‘auhau, 27, 29, 34, 37, 38, 46, 58, 118–119, 130, 136, 146 ‘ekalesia – ‘ekalesia aupuni, 31 ‘elele aupuni, 59, 121 ‘oihana k¯alepa, 93, 109, 147 ‘¯olelo ho‘ohiki, 61–62, 86, 95, 102–103, 120, 130, 134–147, 149, 156–157 – lawelawe, 61–62, 122–123, 152 – ‘¯olelo ho‘ohiki k¯upa‘a, 79, 81

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