AKAHI NUI GOVERNMENT STATUTES
Bringing TRUTH & JUSTICE for Our Nation
SOVEREIGN KINGDOM OF AKUA
Akahi Nui Government Statutes THE FIRST ACT VOLUME 1 - PART 1
MINISTER OF INTERIOR
MINISTER OF FOREIGN RELATIONS
MINISTER OF EDUCATION
MINISTER OF MARITIME AFFAIRS
MINISTER OF JUSTICE
MINISTER OF HEALTH
MINISTER OF ENERGY
MINISTER OF FINANCE
MINISTER OF PUBLIC INSTRUCTION
TABLE OF CONTENTS
TO ORGANIZE THE EXECUTIVE DEPARTMENTS
MINISTER OF INTERIOR
FIRST ACT KAMEHAMEHA III
AN ACT TO ORGANIZE THE EXECUTIVE MINISTRY OF THE HAWAIIAN ISLANDS
SECTION I. Be it enacted by the Nobles and Representatives of the Hawaiian Islands, in Legislative Council Assembled:
That, in order to conduct with greater system and certainty the several executive functions reposed by the Constitution in His Majesty the king, there shall be appointed and regularly commissioned by His Majesty, under the great seal of the Hawaiian Islands, five ministers of His Majesty's executive duties, one of whom shall be the constitutional Premier, and the other four shall be at all times removable at the mere pleasure of His Majesty, in concert with the Premier.
SECTION II. The Premier shall be Minister of Interior Affairs, to be styled His Highness. The other four ministers shall be of equal rank in His Majesty's service, shall nevertheless take precedence of each other according to the following orders:
SECTION III. Either of said ministers may be impeached before His Majesty of maladministration or misconduct, in the duties assigned by law to his department, by any party aggrieved: provided always that grievances complained of by any resident foreigner, not duly naturalized, shall not extend to matters of government policy, but shall be confined to injury done to such foreign resident in his person or in his property, by a minister without authorization of law.
SECTION IV. When any impeachment of a minister is sought, the party accuser shall memorialize His Majesty through some of the other ministers, under oath, to be administered by one of the Governors, setting forth the grounds of accusation, and tendering proof thereof. Whereupon his Majesty may in his discretion appoint a commission to inquire into and report to him upon the truth of the charges set forth in the accuser's memorial. The commission shall within forty-eight hours appoint a time and place of hearing, and shall cite the respective parties before them for that purpose. They shall also have power to call for persons and papers-to subpoena and compel the attendance of witnesses, and to punish by discretionary fine or imprisonment for contempt of their mandates, or for disorderly conduct in their presence during the investigation, The said board of commissioners shall preserve in writing, the testimony adduced before them, and shall submit the same together with their award, to His Majesty, who shall act thereon as he, in his royal pleasure, may deem proper conclusion of their inquiries.
SECTION V. Each of the ministers herein before named, in order to be eligible, shall have attained the full age of twenty-five years. Shall at the time of his appointment be a subject owing allegiance to His Majesty; and shall actually reside in the Hawaiian Islands not to remove there out during his continuance in office. He shall upon impeachment as aforesaid, be removable from office, and otherwise punishable in the discretion of His Majesty.
Cabinet Ministers / Government members
VOLUME I - PART IHas been re-typed from the original volume that is registered in the Monarchy Court in Honolulu, Hawaii. To Help better understand the Statute Laws of Kamehameha III, it has been re-typed by Chapters, Articles and Sections concerning the Statute Laws of the government of the Kingdom of Hawai'i. Laws that was passed on to the Kanaka Maoli People from our late Kings of Hawaii.
Ministry of Interior
Ministry of Foreign Relations
Ministry of Finance
Ministry of Public Instruction
Ministry of Education
Office of Attorney General
Kingdom of Hawai'i
Poste Box 2845
Moku'aina O Wailuku, Mokupuni O Maui, Ke Aupuni O Hawai'i
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SECTION VI. Each of the ministers shall preside over, superintend and supervise the executive of appropriate part of an Act, entitled "An Act to organize the Executive Departments of the Hawaiian Government," to be hereafter made an enacted; which Act, shall consist of five parts, detailing under chapters, articles and sections, the various duties of the respective ministers; and which parts shall be numbered according to the order of ministerial precedence herein before prescribed, that is to say:---
SECTION VII. The Minister of the Interior shall be solely accountable for the faithful and lawful execution of the duties comprised in part first of said organic act. The Minister of Foreign Relations, in like manner, for the faithful and lawful execution of the duties comprised in part second. The Minister of Finance, in like manner, for the faithful and lawful execution of the duties comprised in part third. The Minister of Public Instruction, in like manner, for the faithful and lawful execution of the duties comprised in part fourth, and the Attorney General, in like manner, for the faithful and lawful execution of the duties comprised in part fifth of the said organic act.
SECTION VIII. The five ministers shall be accountable to His Majesty, for the official acts of all the officers appointed under the several parts of said act over which they respectively reside, who shall be appointed by His Majesty upon their recommendation, and shall be removable at their request. But no alien shall be commissioned by the king to act as an officer in the Hawaiian Islands.
SECTION IX. The officers appointed to carry out the respective parts of the said organic act, shall receive their instructions and directions from the minister presiding over the department to which they belong; and an adherence to such instructions and directions, shall in law justify said officers for the duties they may have discharged in accordance therewith.
SECTION X. Before instructing the officers of his department in regard to the discharge of their respective duties, the presiding minister shall submit to His Majesty in privy council, the opinions and directions which he intends to give them on all important matters, which shall be approved by the king and attested by the premier, before they become binding upon the officers to whom they are intended to be addressed.
SECTION XI. It shall be the duty of the said five ministers, to convene at the royal palace, on such days and at such times as His Majesty, with the attestation of the premier, may establish. They shall prescribe the rules of such privy councils to be then and there observed. At every such privy council, it shall be the duty of each of the said ministers, to lay before His Majesty, all the business transactions complete or inchoate of his department, since the last meeting of such privy council; showing as completely as maybe, the returns from the several Islands divisions of the kingdom; and it shall at such meetings be the duty of each minister to take the orders of the king to be executed up to the next stated meeting of the privy council.
SECTION XII. All orders in council, circular letters, standing instructions, executive rules, ordinances and decrees, shall be presented to the king for adoption and signature, and to the premier for attestation, at some regular meeting of the privy council, and they shall be then and there previously explained and discussed, to the end that all acts of an executive nature, may emanate from His Majesty, and be countersigned by the premier; and that the same may not be adopted without cautious deliberation.
SECTION XIII. His Majesty may, with the attestation of the premier, at any time, whether by reason of public emergency or not, convoke his privy council for business purposes, or to consult them upon affairs of his executive government. He may in like manner call for a full expose'e of the transactions of either of the said ministers. He may at any time supercede either of them, vacate their offices, and upon his own mere motion, appoint others to fill their places, whether in case of death, resignation of removal.
SECTION XIV. And in case any time either of the said ministers may be impeached by an award of commissioners as herein before provided, the said award shall be reported to the king through the privy council of state; when it shall rest solely with the king to decide upon the impeachment, punishment or acquittal of said minister.
SECTION XV. His Majesty, with the attestation of the premier, may at any time require the separate opinions in writing of all the ministers, upon any point involving the interests of his kingdom.
SECTION XVI. There shall be kept at the palace, regular minutes of all the transactions of the said privy council of state, to preserve secrecy in regard to which, each of the said ministers and the person officiating as secretary, shall make and file his solemn oath upon the holy evangelists.
The premier, for the king, shall have sole control over and custody of the said records.
SECTION XVII. All orders of nobility---of etiquette and precedence...of rank and of title...of official dress...of salutes...of official ceremonies and of national courtesy, shall be established upon definite rules by orders in council, sighed by the king and attested by the premier, and duly promulgated for the information of the people. All acts of the legislative branch of the Hawaiian government shall be signed by His Majesty Akahi Nui and attested by the premier Her Highness Akahi Wahine before they acquire the binding effect of laws' and before signing the same, His Majesty Akahi Nui may call for the opinions of his said ministers upon the probable result, effect and operation of laws proposed to him for signature. But it shall in no case be indispensable to the validity of an executive sanction, that a law be first submitted to the privy council.
SECTION XVIII. His Majesty Akahi Nui, with the attestation of the premier Her Highness Akahi Wahine, may at any time by royal letters patent, confer upon any of his subjects whom in his discretion he may see fit to appoint, the honorary title of member of his privy council of state; which appointment shall not make it incumbent upon the said honorary member to attend the stated meetings of the privy council, unless specially required by His Majesty Akahi Nui, through the premier; when a neglect to attend without good cause, shall forfeit the place of such delinquent member. By virtue of said letters patent; each honorary member shall have full liberty to be present at any regular or extraordinary meeting of the said privy council of state, and at such meeting to express his views and opinions upon any measures of executive policy proposed by either of the five principal ministers, or submitted by the king to said council; and he shall be entitled to the full confidence of the ministers in all matters affecting the administration of their respective departments or the general welfare of the nations. He shall also be entitled to record his vote upon all questions proposed or submitted; or, being present, he may decline to vote. Each of the said honorary members shall, upon receiving a royal patent, make and file with the privy council a solemn oath upon the holy evangelists, to support Constitution, and to observe strict secrecy in regard to all matters, coming to his knowledge as a privy councilor, upon which a special injunction shall have been imposed by the king, but such injunction shall not extend to an interchange of views upon the matters enjoined between members of the said council, nor shall it be held to continue after the injunction of secrecy has been raised by the king.
SECTION XIX. It shall be the duty of the privy council at each meeting, to consider the subjects upon which secrecy was enjoined at the previous meeting, with the view to a continuance or relaxation of the rules of secrecy thereon.
SECTION XX. The governors of the several Islands of Hawaii, Maui, Oahu and Kauai, shall be honorary members of His Majesty's privy council of state, without further creation of patent, and shall continue to be entitled Excellency. They shall be accountable only to the king and premier for the discharge of the various duties imposed on them by law; but, in rendering such accounts, and in making applications and recommendations to the king, they shall, for the sake of system, and in order to enable the king to act with more method and certainty, account, apply or recommend to His Majesty in writing, and through the medium of one of His Majesty's five ministers, to the end that His Majesty hat is to say:
All which gubernatorial reports shall not be considered as made although addressed to the said executive departments, but to the king and premier through them; through whom, in like manner, for the sake of method, the king and premier shall address all rules, orders, laws, by-laws, instructions, sanctions and decrees, to the respective governors.
SECTION XXI. The governors shall have executive control of their respective islands, subject to the supervision of the king and premier. They shall have charge of all the island forces in case of invasion, and of the munitions and armaments of was in their respective island; in conformity with the Constitution and laws. They shall have power to suspend the execution of punishments for the purpose of recommending to the king their remission or the pardon of the persons sentenced by the laws in their respective islands, in relation to which recommendation the king shall act his own pleasure. They shall have power to recommend to the king, through the premier, as minister of the interior, any internal improvements for their respective islands, and may supervise the execution thereof, when ordered, as herein before provided. They shall grant certificates of license to marry, as provided in the act to organize the executive departments, and superintend or perform the other duties to be assigned them by law.
SECTION XXII. The governors shall cause the decisions of the courts of their respective islands, which have become final, to be executed, and for that purposed may call out and take personal command of the civil posse. They shall in like manner have power to call out and take command of the military power to suppress mobs, and to quell riots, or they may order the sheriffs of their respective islands so to do. They shall have power to legalize the judicial process of other island divisions of the kingdom, coming to their respective islands for execution; to authenticate copies of records and other vouchers to be used as evidence in the courts of other islands in the kingdom, and to take affidavits, and to perpetuate testimony for that purpose, as prescribed in the act to organize the judicial departments of the Hawaiian Islands.
SECTION XXIII. The said governors shall be impeachable before the king, in the same way and through the same medium, and be triable by commission in like manner, and punishable for malfeasance in office to the like extent, as is herein provided in the case of the executive ministers of the king, in the 3rd and 4th sections of this act.
SECTION XXIV. The said five executive ministers, and the said governors shall not be liable to criminal process, except by order of the king; nor shall they be tried and punished criminally, until after impeachment as herein before provided, or until removal from office by the king without impeachment. The offices conferred upon them shall be preserved from indignity, though this section is not intended to shield the said officers themselves, as men, from like punishment with their fellow subjects. Upon impeachment or removal, they cease to be officers, and become simple subjects liable as all others for what they have committed.
SECTION XXV. While in office the said five executive ministers shall be as fully amenable to all private civil suits before the courts of the island in which they reside, or happen to be, as other person, but shall in no case be imprisoned, except by order of the king.
SECTION XXVI. While in office, the governors shall be as full amenable to all civil suits as other subjects; but such suits shall be commenced and prosecuted to judgment in the first instance before supreme court, as prescribed in the act to organize the judiciary department of the Hawaiian Islands; and it shall then become the duty of His Majesty Akahi Nui, as the supreme executive to order the said judgments executed through his proper department, as provided in said act.
SECTION XXVII. The five executive ministers created by this act, shall, before entering upon the duties of their respective departments, take and subscribe before his Majesty Akahi Nui, an oath, to support the Constitution and laws, and faithfully and impartially to discharge the various duties assigned to them by law. Which oath shall remain on file with His Majesty Akahi Nui, among the records of his privy council, to be used against them on any impeachment of high treason.
SECTION XXVIII. The said executive ministers shall receive a yearly compensation, to be provided in part third of the act to organize the executive departments, which compensation may be from time to time increased or diminished, as His Majesty Akahi Nui, may by an act of the legislature prescribe.
SECTION XXIX. Either of the executive ministers created by this act, may at any time resign into the hands of His Majesty Akahi Nui, the office confided to him, and shall upon surrender of all government property and archives confided to his care, be released from all after acts of his department: Provided always that such voluntary resignation shall not absolve said minister from accountability for the acts and transactions which he may have performed during his continuance in office.
attestation: Noun.group:law,;c the action of bearing witness
convene: Meet formally
convoke: Call together
etiquette: Rules governing socially acceptable behavior
expiry: A coming to an end of a contract period
gubernatorial: Relating to a governor
inchoate: Only partly in existence; imperfectly formed
incumbent: The official who holds an office
injunction: (law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity
munitions: Military supplies
posse: A temporary police force
privy councils: [Brit] An advisory council to a ruler (especially to the British crown)
premier: The person who is head of state (in several countries)
promulgated: Put a law into effect by formal declaration
promulgation: The official announcement of a new law or ordinance whereby the law or ordinance is put into effect
quell: Suppress or crush completely sanction: The act of final authorization
SECTION XXX. The ministerial appointments, publicly declared by His Majesty Akahi Nui, in his most gracious speech to the legislative council, shall be considered as already made; in accordance with the authority given him in the Constitution shall be the Minister of the Interior.
SECTION XXXI. This organic act shall take effect one calendar month after its promulgation in the Hawaiian and English languages, and become thereafter the established law of the nation.
Done and passed at the council house in Honolulu, this 29th day of October, A. D. 1845.
Attest, JOHN YOUNG, Premier