CONSTITUTION FOR SAMOA.

Samoa Times and South Sea Gazette, Issue 51, 21 September 1878, Page 2

CONSTITUTION FOR SAMOA.

Tho terms for which tho first Tnimun,' consisting of seven members, lirul been fleeted in ls>7.") having expired for some time, the Faipules of the different districts in Samoa elected, in January, 1«75, two lungs lo represent the two families of Maliotoa and Tupua, fearing that otherwise troubles would arise, and besides a Taiimia of fourteen was appointed. The Kings were publicly proclaimed a 1 llulinuu on tho 7lli of January, IB7ii, aud tho Foreign Consuls wore then asked to draft a Constitution for tho Samoan Government adapted to the circumstances then existing, and to assist in establishing the same on a proper footing ; also a eonimittee of seven Taiimia members was appointed to consult with the Consuls. The latter then want to work at once and succeeded in a lew weeks so far as to be able to submit the more essential points of the following document for consultation to the said committee. After lengthy deliberations the largest portion of' tie. proposals made by tho Consuls had been got through, and were accepted with some alterations. A good number of meetings had already taken place, aud laws were being framed to regulate matters wherein the interests of natives and foreigners clashed, when the U.S.S. Tuscaroru arrived in Samoa, on the Ist of April, 1875, with Col. Steinberger, in consequence whereof tin,' matter was dropped entirely by the Taiuma and FaiV± . . Ike points of interrogation (?) mark matters whieb were left to be tho subject of future deliberation. The Kings. 1.--The,y shall bo elected by tho Faipule, two Kings; oiio, from the Molieton familv, and one from the Tupua family, Tic kings, or either of them, cannot be deposed except by vote of fuui'-til'ths (?) of the Faipnle. i. 11l ca.se of QjOitoath of either of lie' Kings a meeting of the Faipu!" shall be immediately called, by the Taimua, to elect his Mleee'ssur. :'..■ It shall be lawful for the Faipnle to limit tho dignity of the King to one representative of either tho MaUotoa or Tnpuu family, and his heirs for all time coming. 6. The Kings in oominginto authority ibolj take the following onth: -• <> ail ok Tupu, ,U\, tili,"

5 The Kings *l all romvnea S«»ion ■ I faipul ii* :- year, in th. month of December, whii Ii s ' *>i<»n i- u >i to extend beyond foui weeks ilumtiou. They shall open and dissolve tie. said Sessions of the Faipule in person. tl.-They must, at the request of twothirds (?) of the Taimua, convene on extraordinary meeting of the b'aipule. 7.—lt shall be tiro duty of the Kings t • see thai the Taimua rightly discharge their duties according to the Constitution ; aud in case of any flagrant neglect of duty they -ball have power to convene an extraordinary meeting of the Faipule, at which meeting they shall without delay require the Faipule to investigate the matter, and if it be deemed necessary depose the member or members of the Taimua. K.—- The Kings shall have the right of being present at all meeting's, and taking part in all discussions of the Taimua. 'They shall also have an equal vote with any other member of the Taimua. !).—All measures passed by the Taimua or Faipule shall require the signatures of the Kings and President of the Taimua before they come into force. 10.—In case of the death of any member of the Taimua the Kings shall at once appoint a Faipule to till up the vacancy temporarily, as more particularly specified under the Taimua—Art. ."(. 11.—-The Kings with the sanction of the Taimua shall have tie 1 power to commute sentence of death to imprisonment for life. The Tuimua. I.—There shall he elected by the Faipule for a term of not less than one year, and not more than three years, fourteen Taimua, who shall bo eligible for re-elec-tion, and who shall remain in office until their successors are elected.

-. —No member of the Taimiia can bo deposed from office except by a vote of two-thinls . of the Faipule, in which ciise tliey sliull at once till up such vacancy. In wis ■of hud conduct, however, any member or members may bo suspended by a vote of two-thirds of the re- •; ■ :ndi-r i '< ■ ■<• nexi of V, Ivpule. .'}.—ln case of a vacancy occurring among the Taimua, on aeeount of death, the Kings shall, without delay, appoint a substitute, who shall remain in offieo only until the next ordinary meeting of the Faipule, when the vacancy shall be filled up. 4.—The Taimua on coming into office shall take the following oath :—" I) au o le Taimua, ivc. Ovc." 5. The entire responsibility of the Oovennuent of &unuu rests with the Taimua. C.—The Taimua shall receive and acknowledge Representatives of Foreign Nations, have the power to make treaties, appoint all tioveinment Oflieers, superintend all linaneial matters, and take charge of (ioverument property. 7.--They shall elect one of their number, who shall preside at, open, and close all their meetings, preserve order, and take the votes. JLe shall only be entitled to vote himself in case of all equality of votes. He shall also sign all official correspondence. i>.—They shall appoint a secretary, who shall keep records of all their proceedings, and carry on all correspondence. i).—They shall appoint a treasurer, who shall keep all accounts and manage all financial business.

10.—Thev shall appoint three standing committees of their number, each to consist of three members; one, to keep an oversight of all incoming and outgoing moneys, and annually audit tin'treasurer's accounts; a second to superintend all Government otiieers, and see that they rightly discharge their respective duties ; and a third, to superintend the public roads and Government buildings, and see that these are duly kept in repair; these committees to give a monthly report to the whole Taimua.

11.— They shall present a statement to the Faipule during each December session of all important measures transacted by them during tin' year, and also a statement of the income and expenditure during the year, and an estimate of the same for the following year. LI—No i ting.of the Taimua shall he held unless tell of their number be present : and no member shall be allowed to absent himself from the seat of government for a longer period than three days without obtaining special permission from an ordinary meeting of the Taimua.

13. —Tin.- Taimua alone shall have the power to alter any law orarticloof the Constitution or to add any new law; lmtsucli addition or alteration can only bo inado after three months notice has boon given to the Council (an flliflli?), the Coubuls of tlic Foreign Nations and the Representatives of Foreigners in Samoa. They shall consult with the Consuls and obtain their advice before any Biieh law, &0., can be carried into effect, in order that tinhearty 00-operation and good-will of the great nations may be Bcoured. They shall also givo duo consideration to any objection of the (au lilitili) Council against such alteration of Constitution or enactment of new laws, but no such objection of the Council can have the force of a veto on the action of the Taimua.

14. —No law shall be enacted or any alteration of tho ('.institution made affecting the interosta of foreign residents, unless after having duly consulted their Representatives and obtained their consent. Thr FhipuU,

1- There shall lie appointed liy each StfttO (itu malo) forty m r'nipulo, whoso names shall be enrolled in a book kept by the Taimua (or the purpose, They shall be in office for two years, shall bo

elijj 'le foi : - ! ■ . _ 1! • fail nlu (in coming ii I Khali take U»e following oath: "Oau ... i ■ Faipule, &c. &c." 3.—The F«ipnli< shall once a ypai . iring the month of December [?), ou b • _• summoned by the Kings nssembl. scat of Government, for the pur] km receiving the annual reports of tic Taimua, filling up vacancies among the V. mua, and transacting any other !•:-.. which maybe necessary or which ia . bo brought before them by the Taimua •250 (?) to form a quorum. They sha' also, on r ivinga special summons i'roi i either the Taimua or the Kings, mimed: ately assemble at the seat, of (iovenime: I for the. transaction of any extraordinary bu.sine.ss, such as specified under " King-, Articles II ami VII. 4- No Faipule shall be at liberty to bring up any matter for consideration without first giving notiee of it in writing to the President, who shall read the name to the Faipule on the day previous to its discussion. ''.--Any new law or amendment. ■ ■ alteration of any law or article of tl.e Constitution, passed by the Taimua, may bo repealed only by a majority of fourfifths {<) of the Faipule who are present at the annual meeting. C—They shall elect one of their number who shall preside at, open, and ulo-v all their meetings, preserve order, and take votes. 7.—They shall appoint a secri-tar: , who shall keep records of all their pi-.", ceedings. B.—The Faipule shall appoint eLdii - i of their members from each disnk'i t > remain at the seat 0 f Government, fori! ■ purpose of aiding the Taimua by •;:•!, advice when necessary, and of laving he fore, the Taimua for their consideration any measures which they may desire t > he carried into law; the President oi' the Faipule ex ollicio to be a member • i thiCouncil. They shall be called the ",m liliiili " {>.) (Council.) and their nameshall he enrolled in a book kept for the purpose by tin; Taimua. 9. —Any measures which the Council (an iililili may wish to bring under the consideration of the Taimua must be presented to them in writing; but it

shall le lawful for a deputation of them to meet the Taimua for consultation on any ca-e in which tl'.o Taimua may specin.lly require ii. 10.—Xo member of the Faipule can ho deposed from office except !■>• a vote of 200 of his fellow members," v,h. a the place thus becoming vacant shall he al once tilled up by tie.: .State which ap pointed him. Any member or members of the an lilifili may be suspende<l by a volt: of two-thirds o"f the remainder, 'till the next meeting of the Faipule, when the ease shall be decided as above. Th: Fam.,miw. I.—The Taimua shall appoint onChief Judge and two assistant Judges. who shall hold n Supreme Court al the seat of Government, try ail capital oH'en cos and all cases of appeal from anv of the District Judges. Two Judges mav hold the Court. 2.—The Taimua .-'hall appoint as many District Judges as may be necessary, mil exceeding thirty, who shall try all ordinary eases that, may arise within their jurisdiction. * :i.—The Judges on coming info office shall take the following oath : -< I au o lo Faamasiuo, &c, &e." ■k— The Judges shall hold their appointments for life, unless they prove to bo incapable, or are found guilty by the Taimua of bad conduct, or any flagrant breach of the laws: in any which case they shall be at once deposed by the Taimua, and the vacancy or vacancies thin caused filled without delay.

;-.. -The District .hull's shall keep records of :ill cases brought before them, ami of tile sentence passed by them. Thev shall swiil iin abstract thereof every month to the Chief Judge, and report what sentences have been curried out. They shall at the same time remit till fees and tines which have been collected to Ihe treasurer. The Chief Judge shall also present an abstract of the whole, quarterly, to the Tarawa. He shall also puss over monthly to the Treasuier ; II moneys collected for fees and fines ai the Supreme. Court. (i. The District Judges shall proclaim all new laws, or alteration of the laws or Constitution, and collect all taxes impose 1 by the Government, forwarding them at once to the Treasurer. They shall keep full accounts of the same; a copy of which they shall also send on to the Tai mua without delay. 7. —No District, Judge shall be at liberty to leave his district for more than one week without, tho special permission of (he Chief Judge, who shall appoint some one to act in his stead during his absence. 8. —No Judge of the Supreme Court shall bo at liberty to leave the seat of Government for more than three days without the permission of tho Taimna, who shall appoint some one to act during his absence. The Leoleo. l.— Tho Taimua shall appoint twenty Leoleo for the seat of Government, and twenty Leoleo for each State (itu main . whose duties shall be to keep the peace preserve order, arrest criminals and dis orderly persons, and carry out, tho orders of the Judges, under whose authoriu (hey shall be. _ The Leoleo at t't.e seat of Government shall also act u messengers to the Tiiiniuu. 2. The LooleO upon entering upon office shall take the following oath . -" G nu ole Leoleo. tc, to."

• • I ley ahull i, '• > conduct ih.hi- Iveswith propii.n i lb i turn of an;, of thi ml* iiij; guilt\ i f buil conduct, the District Jm'go shai nt once suspend bint from office, »pp >iut sniue one tu act in his place tempo arilv mid report the ruatti r to the i 'hiet .lu.; ; -'.. who shall investigate the eve, punish ( In' [jeoleo, and rp»l to the Tuimiia who shall then if .!..• a :., w appointment. ' I. The lajolco shall weai guishiug dress, to be decided on hy the Tuitnua, aiul no other pel ->n -'.:. '.: I ■■■ ai lilierty to wear it. This dr.-., shall be supplied by the Government, U u I ■ upon us Uovr-rnment property. :.. The Lwleo shall have" the right i . make arrests, to cjuoll disturbances, uud t" cull in the aid, when absolutely in . csMiry, ~f any person. ti. -It any Leoleo arrests nnv person contrary to law he shall he liablJ i , suspension and punishment, accordiii" to Law 111. 7.- No Leoleo shall heat lihertv to leave the district ill which he has his appointment for more than twenty-? Mr hours, without having obtained special permission from the Jud f the |e.. trict, who shall appoint a".substitute f„ r liim before ho grants the leave ap'ilie.l f.ii-. KSTIMATE OF ANNUAL INCOME. I'ull tax >2 per annum for evi n mule, to be levied half-yearly,), say 820,000:00 Fees, lilies, tec, say .",.IMllin,| S-*>.oUo:ito Two Kin-;-, ->:. I!) eaei, S] 000:00 II Tainma. ./ §2OO ,■aeh 2>00:00 ■ r >7 All Fiiilili, u >:;■;) each ... 1.710:0(1 22.'! Faipule, ii sloe:ich 2.2:10:00 < 'hief Judge 200:00 2 Assistant Judges, « sliwi each 200:00 30 District Judges, a sOO ea hj 1.800:00 20 Government Leoleo, soo each I 000:00 '•ae'i 3..'ni):00 Si'urctary of Tuimtia |ix):00 Secretary of Faipule OilOO Tii usurer 200:01) Siati -vv. Se |0(i : oo i tiaoler' ,io:00 2 Assistant Liaolers. u •,''<>••• |imi ; oo Total expenditure I.'i 000:00 llalanco •s'.'.HriiOi) Ilalanci! to he expended in erecting (I .v.rnment buildings, repairing v ids. and providing for ail expenses ik.i inchuled iii the above estimate of expeinli-