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treason, insurrection or rebellion, or with any disloyal or seditious practice or act, and all persons who have so acted, or who may so act, during the continuance of martial law shall be held primâ facie to have been authorised by the President, and the order or approval, written or verbal, of the President or other officer of the Republic shall be a defence and bar in all Courts, Civil and Criminal, to any action or prosecution based on any such act or failure to act, and such defence may be made under the general issue or by special plea; and any special plea shall suffice, although it may set out merely the general effect of such order or approval, or the fact only that such order or approval was given.

“ Sec. 3. This Act shall take effect from the date of its approval.”

ANNEX 11.

Mr. Haues to the Earl of Kimberley. My Lord,

Honolulu, April 4, 1895. With reference to my despatch to your Lordship No. 15 of the 7th March last, forwarding copy of an Indemnity Act introduced by the Hawaiian Government, I have the honour now to report that on the 15th March this Act was passed, and that, further, during the continuance of martial law and prior to the Proclamation of the right of the writ of habeas corpus being restored, certain Laws were enacted by the Executive and Advisory Councils of the Republic, a body not elected by the people, but having the power of a Legislature elected by the people until such Legislature already elected be convened, which laws, as appears by their tenour and purport, aimed at the indemnification of all who were responsible for the outrages perpetrated upon persons when arrested and during their period of confinement

Act 20, entitled “An Act relating to Martial Law, Trials by Military Commission, and the liability of Officers

in prison.

one in connection with any event leading to the arrest or imprisonment of any person was done within the constitutional authority of the President, and such acts are confirmed.

Act 22 repeals a former Law in regard to bringing suits against the Hawaiian Government, in order to pave the way for the enactment of Act 24, “An Act to prevent the bringing of Actions against Officers of the Government or others for Acts done in suppressing Rebellion.” This Act, practically a rider to, or a portion of, “Indemnity Act No. 20, prevents any suit being brought against the Government for redress for acts committed by the Government under the authority granted to the President by Act No. 20. A mere declaration by the President that such acts were committed by his authority is a difficulty or even complete bar to any claim .

These preceding Acts are followed by Act 26, “ An Act to provide for the Judicial Investigation of Claims against the Hawaiian Government.” This Act passes to the exclusive jurisdiction of the Supreme Court without the intervention of a jury, the hearing and determination of all claims against the Government, and in its provisions supplies certain legal and technical defects in Acts 20 and 24. Its decision is final.

The provisions of the three several Acts referred to are such in detail that even if the Supreme Court desired to render justice it would be impracticable for them to do so under Acts 20 and 24.

I understand that several British subjects who intended to make claims for damages for illegal imprisonment and consequent injury to their business are now deterred from doing so as they feel it will be practically impossible for them to obtain any satisfaction or redress through the Courts of this Republic. They propose now to appeal to Her Majesty's Government for protection.

I have, &c.

A. G. S. HAWES,
Her Britannic Majesty's Commissioner

and Consul-General.
P.S. I have the honour to inclose copies of the Acts

Enclosure 1.

Act 20.-An Act relating to Martial Law, Trials by

Military Commission, and the Liability of Officers of the Government and others for Acts done in suppressing Rebellion.

WHEREAS, being seduced by the insidious counsel of wickedly-designing persons, many individuals resident in the Island of Oahu did conspire by force to overthrow the Constitution and Government here established by law, and in furtherance of such, their purpose did with force and in confederated multitude on the 6th day of January, 1895, and on divers other days then following, in the district of Honolulu, Island of Oahu, levy war against this Republic, and did commit murder and other felonies, and did provide themselves with arms, ammunition, and dynamite with treasonous purpose, and with intent to terrorise the inhabitants of the city of Honolulu, and for a time to overturn and destroy all government; and

Whereas, upon being informed of said rebellion, the President, in pursuance of his Constitutional authority, did proclaim that martial law should obtain and prevail throughout the Island of Oahu; and

Whereas, the military and police forces of this Government, with the loyal co-operation of other residents of the Hawaiian Islands, have arrested the spread of said rebellion, and have saved the lives and property of lawabiding citizens from imminent general sacrifice; and

Whereas, it is expedient that all persons, who in good faith have acted for the crushing of rebellion, should be indemnified and kept harmless for such, their acts of loyalty :

Be it enacted by the Executive and Advisory Councils of the Republic of Hawaii:

Section 1. All Proclamations and Orders published or made, and all acts, matters, and things commanded, directed or done, or to be commanded, directed or done by the President, or by any officer of the Government,

person acting under the authority of the President, for the purposes and during the time herein

or other

or furtherance of martial law, or in the suppression of insurrection, or in the establishment of a military Tribunal, or in the arrest, imprisonment, deportation, trial, conviction, or sentence of any person charged with treason, misprision of treason, conspiracy to incite or commit treason, or with any disloyal or seditious practice, or with any act or conspiracy dangerous to the peace, or to the safety of life or property, or in the arrest and detention of

persons held for investigation, are hereby declared to have been done within the Constitutional authority of the President and are confirmed.

Section 2. This Act shall take effect from and after
the date of its publication.
Approved this 15th day of March, A.D. 1895.
SANFORD B. DOLE.

President of the Republic of Hawaii.
FRANCIS M. HATCH,

Minister of Foreign Affairs.

Enclosure 2.

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Act 22.-An Act to Repeal Sections 2, 3, 4, 5, and 6 of an

Act entitled, An Act to provide for the bringing of Suits by or against the Hawaiian Gorernment, approved September 6, 1888.

Be it enacted by the Executive and Advisory Councils of the Republic of Hawaii :

Section 1. Sections 2, 3, 4, 5, and 6 of an Act entitled “An Act to provide for the bringing of Suits by or against the Hawaiian Government," approved the 6th September, 1888, are hereby repealed.

Section 2. This Act shall take effect from the date of its publication Approved this 15th day of March, A.D. 1895.

SANFORD B. DOLE,

President of the Republic of Hawaii.

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cases be conclusive evidence that such acts were so done

Enclosure 3. Act 24.-An Act to prevent the bringing of Actions

against Officers of the Gorernment or others for Acts done in suppressing Rebellion.

Be it enacted by the Executive and Advisory Councils of the Republic of Hawaii :

Section 1. No prosecution, indictment, action, or suit shall be maintained in any Court, criminal or civil, against any officer of the Government or other person acting bonâ fide under the authority of the President or in good faith for the purpose of suppressing rebellion, for any acts, matters, and things done, or omitted to be done, or which shall be done, on, from, and since the 6th January, 1895, until martial law shall be declared to be no longer in force, whether done in a district in which martial law was proclaimed or in force, or done in a district in which martial law was not in force, in the suppression of rebellion or in furtherance of the object of martial law, or in the arrest, imprisonment, deportation, trial, conviction, sentence of any person charged with treason, misprision of treason, conspiracy to incite or commit treason, or with any disloyal or seditious practice or act, or with any act or conspiracy dangerous to the peace or the safety of life or property, or in the arrest and detention of persons held for investigation.

Sec. 2. In order to prevent any doubt which might arise whether any act alleged to have been done as aforesaid under the order or authority of the President, or to have been done bona fide in order to suppress insurrection was so done, it shall be lawful for the President or his successor to declare such acts to have been done under such order or authority or bona fide for the purpose aforesaid; and such declaration by any writing under the hand of the President or his successor shall in all respectively; and such order or declaration may be short under the general issue or pleaded in bar; and, if

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