DECLARATION OF RIGHTS.

Samoa Times and South Sea Gazette, Issue 46, 17 August 1878, Page 2

DECLARATION OF RIGHTS.

The following is a copy of tho Constitution drawn out liy Col. toinbergnr and agreed to by the Samoans in I <>'■•, and which we re-print at the request of a number of our readers. It will be noticed that thoro is scarcoly a notion of it but what has txxm violated by the prosent " Oovernmout":— We, tho people of Samoa, who laid tho foundation of our Government at Mali nuu, on the 21st day of Aujnut, ad

1878, impressed with a sense of all human weakness, and iionding before the power of Almighty God, do now ordain and establish the Constitution fur Samoa. This is in order to establish justice, to give us domestic tranquility, promote the general welfare, and cause us to be respected as a nation among the nations of the earth. The origin of our Government is by tho action of our chiefs and rulers of Samoa, and wo give thanks to God for the peace and goodwill that we are enjoying, and tho unity which enables us to choose rulers for the secure establishment of our Government. God has mado of onu blood all the people of the earth ; peace, unity, happiness, and the love aud ftar of God are among tho blessings of the earth. Guarantees for the liberty of the people, and the power of the law will be our safety ; to man belongs the sacred rights of life, limb, liberty, freedom from oppression, the earnings of his hands and the productions of his mind. Government and laws are not for tho protection of chiefs and rulers only, but for the people, each shall be freo to come and go to till his land, to earn his bread, to trade and barter, and appeal to the majesty of the law for protection. The execution of the law. will oponvto upon the chiefs and rules as well as the subject, all will be equally judged for a violation of the law. Protection is hereby published for the safety and welfare of all the inhabitants of these islands, that people and chiefs may enjoy protection alike under the same law; that each may be socure in their lands, their lots, their habitations, and all property, and should a chief, or ruler, or governor, or any public functionary act in violation of this Constitution he shall no longer retain his position. As we have merged from barbarism through the teachings of the Missionaries, and come to know the Living God through the love, patience, and teachings of these teachers of the Holy Word, so will we maintain our faith, and recognise the truth that we are powerless without God's aid, that we will support our Church, observe the Sabbnth, respect our pastors, and adhere to the Word of God, but religious freedom shall be accorded to all tho S.und promptings of the heart, ami the entire freedom of conscience is the right of all men, therefore it is our solemn desire that no law shall be enacted at variance with tho Word of our Lord God or the spirit of his Word. Now in enacting our Government we pray for the charity and protection of all the civilised nations of this earth, that our Government be recognised, and our laws respected, as we will respect and give protection to the foreign element now aud hereafter to be amongst us.

CONSTITUTION Article I.

Section 1. —All Legislative powers herein granted shall be vested in a House of Chiefs or Nobles and a House c E Representatives. Section 2.—The House of Representatives shall Decomposed of members hosen every second year to sit in oouncil with the Nobles and establish laws for tie Nation. This Representative body shall have a voice in the business of the Kingdom, and no law shall be passed without tho approbation of the majority cjf thorn. Such Representatives shall lie eloted by ballot by the people of each distr :t. The actual enumeration shall be rnadi within one year from the assembling of he first Parliament, and a new cuumeruti n made every five years as subsequent laws of , election may direct. Tho nurabe ■ of Representatives shall not exceed duo for every 2000 people, and shall b chosen from the Islands of .Manua, Oloscat, Ofu, Aunuu, Tutuila, the districts <:' Atua, Tuamasaga, and Aana, of Upolu, flanono, Apolima, Savaii. When vaeancie happen in Representatives from any dislnot, the House of Nobles shall issue writ! of election to fill such vacancies. Th House of Representatives shall seleit thoir Speaker or Head, and other otik irs, and have the solopoworof performin articles of impeachment. Section 3. —Tho Houso of C liefs or Nobles shall be composed of Chiefs from Manua, Oinsega, Ofu, Aim ni, and Tutuila combined, 2 from Atua, 2 from Tuamasaga, 2 from Aana, one f im Manono and Apolima, and six fron Savaii, making fifteen. This body i mil be known as the Taimua and consist )f High Chiefs selected by their people, : nd such nominations shall be presented* to the King for approval. Warrants of obility shall be issued to such Chiefs, a d they shall sit in Government Council ,o givo advico, and aid in making and mi ntaining laws. The King shall const t with the Taimua respecting the affairs if the Kingdom. The present Taimu to be the Government of Samoa, to be obeyed and respected until such time as t eKing and Representative body (Tainia and House of Representatives) are olteen and fairly established according to fiis Constitution. That they be tho Governing power of tho land, and recognis* I as the supreme power; that vacancies >a filled and the laws bo executed by the i. Section 4.—With veneration or our customs and ancient traditions, and to maintain inviolate the great fain; ee who have sprung from u race of Kit fl, and to givo greater seourity to our p »10, it is decreed that the Royal bloxx be acI knowledgcd and shall be per pet nted in tho great houses of Maliotoa nnc Tupua. ; The King chosen from one of the I families shall reign for tho period f four years, and upon the expiration o4>f demise, thou tho succession shall fallto the Other of tho two families. Tlnl thorn •hall be a rotation in tho line of livings botweon tho two families of Maliopaand Tupua with tho succession altcrnajug in

the two families. If within the prescribed time of four vears a vacancy should happen by death, impeachment, or resignation, then the vacancy shall be filled from tho other house or family, and serve for a period of four vears and not for the unexpired term. The King shall be chosen by the Taimua, the Malo, and Faipule, as' the chosen representatives of Samoa, now assembled at Mulinuu. The King shall make oath to adhere to, preserve, proloct ami defend the Constitution of Somoa, to execute the laws and protect the rights of tho people. Sections.—The prerogatives of the Kiug are as follows, viz. : He is the Sovereign of the people and the Chiefs. He shall have the direction of the army and the implements of war of the Kingdom. Ho also shall have the direction of the public lands, the poll tax, and tho laud tax. He shall have control of the lands forfeited to the Government from nonpayment of taxes, all in conformity to tho law. Under the law he shall be the Chief Judge of the Supreme Court, and it shall be his duty to execute tho laws of the land, also all decrees and treaties with other countries. It shall be his prerogative to form treaties, receive Ministers, and confirm agreements with them. He shall have power to control by the army revolutionary districts when the Legislative is not in session. His power to transact important business of the Kingdom shall only be exercised when the law has not assigned specified duties to others.

Section G.—The King shall appoint 8 Governors, one for the islands of Manua, Oloeega, and Ofu ; one for Aunuu and Tutuila, one for Atua, one for Tuamasaga, one for Aana, one for Manono and Apoliina, and two for Savaii. The Governor shall be appointed only aftor tho Chiefs of said islands have selected a candidate and sent his name to the King. In the interim the Taimua shall appoint, such Governors. All the Governors from Manua to Falealupo shall be suhject only to the King and the Premier. Each Governor shall have direction over the tax-gatherers, and support them in the execution of their duties ; lie shall preside over the Judges of his island or district, and be responsible for the execution of the laws, lie shall appoint the Judges and give them their certilicate of ottice. The Governor shall have charge of the island or district over which he presides, control of the uialitia, Government arms and munitions of war. He shall receive the Government dues and deliver them over to the Premier. All important decisions shall rest with him, but subjects shall always have the right of appeal as against unlawful or tyrannical acts of a Governor. The Premier of the Kingdom.

Section 7. —It shall be the duty of the King (the Taimua in the interim) to appoint some person as his particular Minister, whose title shall bo Premier of the Kingdom. His duty shall be to transact for the King all business connected with the special interests of tho Kingdom, and all documents and business executed by the Premier shall have tho force as though executed by the King's authority. The Premier shall be the King's special councillor in all the important business of the Kingdom. The King shall not act without tho knowledge of the Premier, and the Premier shall be entitled to the iloor of each House of Parliament, and join in the debates. Supreme Court. Section B.—The representation body shall appoint four persons, whoso duty it shall bo to aid the King and the Premier, and these six persona shall constitute the Supreme Court of the Kingdom. The} - shall givo due notice of the time and place of holding Court; they shall grant new trials in cases of appeal, life, death, confinement and tine are with them, and their decisions are final. Judges. Soction 9. —Each Governor shall appoint four or more Judges for his island or district, and give thorn certificates of oilice, and they can then only be romoved by impeachment; the law shall regulate the term of office. The Judges shall give notice of the time and place of holding Courts, and shall then enter upon trials according to the prescribed form of law. No Judge shall have jurisdiction overland cases as between landlord and land agents or their tenants, or in the matter of taxation, but his duty shall be to try all coses of murder, felony, assault, theft, trespass, and goneral violation of the publio peace, and breaking of the laws. Exceptions may be taken to the judgmont of the Judges and the Courts, and an appeal taken to the Supremo Court. Article 11. Section I.—A propor respect for tho white residents and sojourners in Samoa who establish business relations with our pcoplo, will receive the earnest thought and deliberation of our law-making power, that thoir lands, their business, and all their rights be protected, trusting in thoir honest and hearty co-operation and praying for their aid and comfort.

Section 2.—The introduction of foreign labour on our islands shall bo permitted, but copies of nil contracts with labourers must bo lodged with tho Government, such labour must be veluntary, and their grievances as Will as all complaints against them subject to tho courts of law and their decisions. Each labourer shall bo registered with name, ploco of birth or nativity, and approximate age, caoh ono shall be furnished with a Government pormit, and at the expiration of their term of contract to be at liberty to deport, to re-contract, or remain as citi-

lens of Samoa, with all the rights, privileges, and immunities of other people, but subject to the general law. Section 3.—Free Trade shall be the established system of the Government; there shall be no export or import duties except upon the importation of spirituous liquois as provided by law.

Article 111. Section I.—There shall be a department of the Interior created, with a Land Commission, and a Minister of Interior, who shall have jurisdiction of the Government domain. The function of said Board of Commission will be regulated by law. ' Section 2.—The Secretary of the Interior will receive his appointment from the King and be a member of the Ministry. Seotion 3.—The King shall appoint a Minister of Finance who shall hive control of the Department of Finance and bu a member of the Ministry. Article IV. Section 1. —The Parliament shall meet onco each year, both Houses shall combine to determino the day of adjournment, but tho law will fix the day of assembly. The Premier shall bo the President of the Upper House, (House of Nobles) ; each House shall choose their other officers and elect their secretaries and clerks. Section 2.—The House of Nobles shall have tho sole power to try all impeachments, and when sitting shall be under oath, but the articles of impeachment must come from tho House of Representatives.

Section 3. —The time, place, and manner of holding election shall be prescribed by the Parliament, and each House shall judge of tho validity of the election of each member.

Section 4. —Each House may make rules for its proceedings, punish members for disorderly conduct, and a two-thirds vote may expel a member of the House of Representatives. Each House shall keep a minute of their proceedings, and from time to time publish the same. Section 5.—A1l proceedings and lawshall he transacted in Samoan, and translated into' English, hut any white resident, or officer of a foreign Government other than English, shall, upon demand by proporly constitututed agents, he allowed access to the proceedings of Parliament and the laws, and make a copy in any language.

Section o'.—Members of both Houses shall roceive a compensation to he fixed by tho law, hut to bo in rigid comformity with tho necessities of the people, and upon rigid economical principles and they shall in all except, treason, felony, and breach of the peace, bo exompt from arrest during their attendance at a session of their respective Houses and in going to or returning from the same.

Suction 7.—A1l Bills for raising the revenue must originate in the House of Representatives, so that the people, through their chosen representatives, shall have a voice in the raising of the revenue of the Government, hut the House of Nobles shall concur in such Bills. Article V. Saction I.—l. The Parliament shall have power to levy and collect taxes, duties, imposts excises, to pay debts provide, for the Common defence and general welfare of Samoa.

11. To borrow money on tho credit of the Government •

111. To regulato commerce with other nations.

iv. To coin money. V. To establish post-office 3 and build roads.

VI. To support a home guard and provido for calling forth tho militia, &c, execute the laws and suppress insurrections.

Section 2.—i. No Bill of attainder or oxpost facto law shall be passed. II No money shall be drawn from the Treasury except after an appropriation by the Parliament, and a regular statement of receipts and disbursements of publio monoy shall bo published from time to time.

j Section 3—No island or district shall enter into any treaty with other powers contract, debts, mako currency, or mako any law except in accordance with tho laws of Parliament, which are tho laws of Samoa.

Section 4.—Full faith and credit Bhall be given in oaoh district for tho acts, records, and judioal proceedings of another district.

Sections.—The oitizens of ono island or district shall have like privileges and immunities in every other district. Section 6.—A person charged in any island or district with treason, folony, or crime who shall flee from justice and bo found in another island or district shall, upon demand, bo delivered up. Article VI. Section I.—All debts and agreements contracted or entered into prior to the adoption of this Constitution shall be valid as against the Government of Samoa. Section 2.—1 Members of the Houso of Nobles and Representatives, and all other offices of tho (iovermont shall be bound by oath to support the Constitution. 11. The Constitution shall be above the King 111. It is adopted by the present Taimiia and will be presented to tho people for iinal ratification. Bastion !).—lt is .solemnly decreed that after tho expiration of soven years, when tho people are accustomed to the ballot, and realise tho sanctity of election, tuea

' the Parliament may call a general election j to give the people of Samoa tho right to resolvo the monarchy into a republic. In ; the action of the Parliament in calling i such election, the King shnll have no ' voice, and this section of the Constitution ; is not subject of amendment. I Section 4.—This Constitution may bo I amended by a two-thirds vote of Pnrlinlinetit, but such amendment must be ratified by the people.