The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1857-12-10
THE PACIFIC
Commercial Advertiser.
THURSDAY, DECEMBER 10.

tons of the candidates for the popular branch.
The q~uietness that characterizes our election days
arises not so much from the want of patriotism
or from any extraordinary stupidity OF the public
mind, but rather from the circumstance that the
pay attaching to the Office of representative is so
beggarly that few can afford to leave an estao-
lished business and canvass the district tor an OF
flee which, after all, guarantees them barely a sub
sistence ON poi and fish during the time they may
be so unfortunate as to hold it. Some two or
three months ago, we alluded to the importance
of having an efficient and intelligent body of rep
resentatives, and held that in no other way could
this object be attained but by the election of a
larger proportion OF foreigners.
Notwithstanding the small pay attaching to
the ofice-hardly sufficient to secure the services
of an ordinary fisherman, yet we think that for
eigners can in no way serve so well the true IN
terests of their adopted country as by sacrificing
their own interests and representing the dis
trict in which they may be located. They un-
derstand their rights as representatives, which few
natives do. They alone can oppose and cor
rect the wrongs of ministers or expose the evil
tendency of their favorite dogmas They alone
can stop the bogus appropriations which have dis
graced the Legislature for the past few years, or
can call the ministry to a strict account for not
carrying out its purpose in making the appropri-
atiOns-yiz: q fair distribution of the public
revenue to further the interests of each island.
1t is true there are many among the native pop
ulation who are well educated, that is, who have
acquired what would be called in other countries
a fair academic training, such as is necessary to
fit them for ordinary business transactions. But
beyond this their knowledge of history, law, polit-
ical economy, &C., is very scant which is per-
haps owing more to the want of text books in
their language than their own want of ~exertion.
However. in the very requisites for statesmen
they are wanting. There are exceptions, some Of
which We could name as having done credit to
the representative bodies.
We have not yet heard of any definite nominal
tons for this district, but presume that, as hereto
fore, it makes very little difference who is nomi-
mated, SO long as the chiefs control the body of
the voters, and order such and such ballots to be
placed in the hands of their subjects and require
them to deposite those, and none other. But
against the nomination of officers, employed di-
rectly or Indirectly by the government, we must
protest. 1t is not from any want of competent
persons out of such employ that these nominations
are made. There are men equally qualified,
whose services can no doubt be procured.
A large share of the legislation required is for
the foreign population which is annually in
creasing. And this fact alone should demand a
larger representation of foreigners in the legisla-
ture. The fundamental laws relating to the
rights of the natives, and their duties towards
their fellows and to the government are clearly
laid down, generally understood by them, and re-
quire but little change. New laws relate mostly
to government officers and their duties, and to
custom and liarbor regulations. These laws ma
tives are not expected fully to understand, and
when they are brought up in the legislature, the
bills are passed or rejected without the body of
the representatives understanding their workings.
Heretofore q large number Of the representa-
tives annually chosen have been officers of the
government. As long as this is the case, as long
as the majority of the lower house are in the en-
ploy of the government, unbiased Legislative ac-
ton can never be looked for. We do not assert
that such representatives on every particular topic
that may be brought up for discussion will vote
with the ministry or with the upper house, but
that in all important measures where warmth of
feeling is expressed and a determination is shown
on the part of the government to carry out its
DOllCys Ilent w WlOhS, ANiA ceAO Ahas DC Adco~
by pecuniary motives, and is always liable to it.
The same objections hold in regard to judges
acting as representatives, whether foreigners or
natives, as do when applied to any other officer
of government. As a general thing, they are Sc
lected as judges on account of superior intelli-
gence, which would appear to some to be a recon-
mendation for their holding the office of represen-
tatives. But they are appointed to a judicial Of
fee for a special object, that of guarding the legal
rights of the people. In leaving their Judicial
post they forsake the trust confded to them.
This reason, were there no other, should lead
them to decline a nomination if rendered them,
where they may not possess sufficient brass to
nominate themselves. The constitution, how
ever, clearly forbids a judicial officer from taking
part in the legislative branch of the government.
1t is true that the late Chief Justice Lee decided
in favor of Judges holding seats in the House Of
Representatives, but all reason and the expert
ence Of older countries are opposed to it. Persons
of equal capability, u~ntrammeled by government
Office, can generally be found who are willing to
represent the districts from which judges have
heretofore been returned.
OF the various subjects which will be brought
before the next Legislature perhaps the most i'm
portant is the revised Code. 1t will be remem-
bered that the last Legislature authorized a codi-
fcation or revision of the laws of the kingdom
and the late Chief Justice Lee and Associate
Justice Robertson, were appointed to execute the
work. Since the death of Mr.. Lee, Chief Justice
Allen has, by appointment, continued the work
with Judge Robertson, and we understand it will
be completed in time to lay before the Legislature
for their action. Important changes have been
made in many Of the old laws, most of which
will, no doubt. be an improvement. But in all
changes that may be made, the whole subject
should be well discussed. Much of our legisla-
ton heretofore has been too hasty. No sooner
have laws been enacted than in many cases
amendments have been found necessary to make
them work smoothly
Another subject of importance. referred to