07/20/2026
constitution-1887.html
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Kingdom of Hawai`i Constitutions: 1840 - 1852 - 1864 - 1893
King Kalakaua was forced to sign the "Bayonet Constitution" in 1887, sharply curtailing his powers and diminishing the Native Hawaiians' voice in government. For more historical background, see the article Overthrow of the Monarchy . Some point out today that this constitution was never ratified properly by the House of Nobles, and thus was never legally valid, and that the
is the last valid Constitution of the Kingdom, and the basis for restoration today.
Hawaiian Kingdom Constitution of 1887
Granted by Kalakaua Rex., July 6, 1887
WHEREAS, the Constitution of this Kingdom heretofore in force contains many provisions subversive of civil rights and incompatible with enlightened Constitutional Government:
And WHEREAS, it has become imperative in order to restore order and tranquility and the confidence necessary to a further maintenance of the present Government that a new Constitution should be at one promulgated:
NOW THEREFORE, I Kalakaua, King of the Hawaiian Islands , in my capacity as Sovereign of this Kingdom, and as the representative of the people hereunto by them duly authorized and empowered, do annul and abrogate the Constitution promulgated by Kamehameha the Fifth, on the 20th day of August, A.D. 1864, and do proclaim and promulgate this Constitution.
ARTICLE 1.
God hath endowed all men with certain inalienable rights, among which are life, liberty, and the right of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
ARTICLE 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 the Kingdom.
ARTICLE 3.
All men may freely speak, write, and Publish their sentiments on all subjects, being responsible for the abuse of that right, and no law shall be enacted to restrain the liberty of speech, or of the press.
ARTICLE 4.
All men shall have the right, in an orderly and peaceable manner, to assemble, without arms, to consult upon the common good, and to petition the King or Legislature for redress of grievances.
ARTICLE 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.
ARTICLE 6.
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.
ARTICLE 7.
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 shall have the right to meet the witnesses who are produced against him face to face; to produce against him, and to be fully heard in his own defense. In all cases in which the right of trial by Jury has been heretofore used, it shall be held inviolable forever, except in actions of debt or assumpsit in which the amount claimed is less than Fifty Dollars.
ARTICLE 8.
No person shall be required to answer again for an offense, of which he has been duly convicted, or of which he has been duly acquitted.
ARTICLE 9.
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.
ARTICLE 10.
No person shall sit as a judge or juror, in any case in which his relative, by affinity, or by consanguinity within the third degree, is interested, either as plaintiff or defendant, or in the issue of which the said judge or juror, may have, either directly or through such relative, any pecuniary interest.
ARTICLE 11.
Involuntary servitude, except for crime, is forever prohibited in this Kingdom. Whenever a slave shall enter Hawaiian Territory, he shall be free.
ARTICLE 12.
Every person has the right to be secure from all unreasonable searches and seizures of his person, his house, his papers, and effects; and no warrants shall issue, except on probable cause, supported by oath or affirmation, and describing the place to be searched, and the persons or things to be seized.
ARTICLE 13.
The Government is conducted for the common good, and not for the profit, honor, or private interest of any one man, family, or class of men.
ARTICLE 14.
Each member of society has a right to be protected in the enjoyment of his life, liberty, and property, according to law; and, therefore, he shall be obliged to contribute his proportional share to the expense of this protection, and to give his personal services, or an equivalent when necessary.