The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1857-06-04
THE PACIFIC
Commercial Advertiser.
THURSDAY. JUNE 4.

THE death of WV. L. LEE leaves vacant the
highest seat on the judicial bench of this king
dom. connected with which is the office of Chan
celIor. Article sc of the Constitution unites
these two offices and reads The Chief Justice
of the Supreme Court shall be Chancellor of the
Kingdom" These united may be considered as
the most important trust in the gift Of the King.
The Chancellor is defined, in the English admin
~istration as an officer invested with judicial
powers, and particularly with the superintend-
ence of all charters, letters, and other official
writings of the Crown, that require to be solemn
ly authenticated. Hence this officer becomes the
keeper of the great seal, and is the highest officer
of the Crown, and keeper Of the Kings con-
science" The intent of the trainers of our Con-
%stitution was to have such an officer here; but
the office has not yet become so prominent as 1t
is held in England. Still the advice and council
of the Chancellor and Chief Justice is the highest
here, and he is expected to give his opinion in ali
important matters of state.
The vacancy having occurred, the question
now arises as to who will be the successor. This,
of course, is a question which the public cannot
settle His Majesty alone has that right, and with
out attempting to influence in one way or the
other, the important decision, perhapsa free, pub
lie discussion of the subject will be of good result.
The sinzularly opportune return OF His Excel
lencv, Elisha H. Allen, Minister ofFinance, at the
moment tnat enabled him to attend the funeral
of the late Chief Justice, will, no doubt, aid His
Majesty in the choice of a successor. We have
good authority to believe that the Office of Chief
Justice, if not already settled on, will be ten
dered to Mr.. Allen. He has had a long expe-
rience in the practice of law, as we'll as a legisla-
torn The U. S. Congress, and would carry to the
bench the extensive knowledge acquired alter
thirty years forensic practice and observation, as
we'll as a good degree Of that respect which
such an officer should command. There car De no
question that as a lawyer he is we'll qualified tor the
highest judicial honors as we'll as Chancellor. But
legal learning is not the only requisite demanded
in the incumbent Of this Office. In the present
transition state Of the kingdom the Chief Justice
should possess a knowledge of the native language,
and more particularly of their manners and Gus
toms, which can only be acquired by freely and
constantly conversing with them in their W
dialect. This knowledge is necessary to a full
and impartial decision in the many intricate law
cases arising between foreigners and natives.
The advanced age of Mr.. A., however, renders his
acOualDGduCS "1I1 bIC hSo 49,
possible.
Aside from this, Mr.. Aliens policy has gener-
ally been considered n~on-committal or indecisive,
which, if carried into the decisions of the Supreme
Court, would exercise any but u healthy influence.
A bold, clear and decisive stand on all important
questions. particularly in cases of precedent, was
the prominent feature in the decisions OF our late
Chief Justice.
Judge Robertson, the present Associate Justice,
has also been spoken of as a candidate for the
vacancy. In legal research, study and experience
judge R. is as deficient as Mr.. Allen is skilled.
In most of the chamber decisions made by him, he
has had the valuable aid of Judge Lee, and dur
ing Mr.. Lees absence, of Mr.. Allen, which
generally have given satisfaction. But still his
experience las been limited, and left to his own
resources and judgment, it is impossible to pre-
dict what degree of satisfaction would be given.
Though deficient in the legal qualifications Mr..
Allen possesses, his knowledge of the native lam
guage, habits and customs, renders him, SO far
as fitness for the native part of the Office is con-
cerned, superior to Mr.. A. He, however, has
unfortunately never been so popular, which has
been owing in a measure to the want of a law ed
u~cation and perhaps to the appearance OF ambition
on his part (though we cannot call it such), in
his being pushed on by circumstances to occupy
posts for which greater experience and learning
have been always deemed requisite. The appoint
ment of Mr.. Allen would meet with general APP
prevail, while that of Judge Robertson, even as
an ultimatum, would meet but partial.
Besides the above, other of our lawyers have
been spoken of, but we suppose that the va
cancy will be filled by one of the gentlemen
named. The duties of the Office, when properly