The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-06-17
TIL PACIFIC
Commercial Advertiser.
THURSDAY. JUNE II.

THURSDAY. JUNE II.
WE lay before our readers to-day the Address
Of His Majesty at the opening of the session of
the Legislature on Friday last. The document
reflects credit, as a composition, on our Sovereign,
who is understood to have prepared it himself.
Heretofore, we believe, the annual addresses have
been prepared mostly by the ministers. 1t no.
tees in very happy terms the birth of the young
Prince, which event has created a general SYM
pathy in the Royal Family. 1t then alludes
briefly to the New Code, the French Treaty and
the uselessness of the Legislature wasting its time
in attempting to pass Acts until the Code is
adopted. The position taken in the address on this
latter point is a very sensible one, and will doubt
less be coincided with by the two Houses, though
the Lower House may demur at adjourning SO
soon after converting. The brevity of the address
will cause some disappointment as well as its
non-allusion to the general state and interests of
the kingdom. The reason for this is, however,
given in the concluding paragraph though to
many it would have appeared appropriate to have
been more comprehensive at this first session.
The public had hoped TO have seen some of the
features of the new Treaty with France given,
but its provisions have been and are carefully
concealed from them, whence it may be inferred
that it is not desirable to subject them to public
criticism with a view of getting the public opin-
ion. in the same manner as it is avowed by the
government in its organ of last week that it is
not desirable " that that storm-tossed conven-
tion'' shall I" undergo that hardest trial of all, a
parliamentary debate Public opinion is strong
ly in favor of the immediate enactment of a trea-
ty with France, provided that the commercial,
judicial and educational interests of the kingdom
are not sacrificed to the measure. Whether the
treaty now under advise be liberal or not, we can
not say, as we have not seen its terms; but of this
we feel assured, that the people rest with the
fullest confluence an the sound judgment of their
Sovereign, whatever he may elect.
The address refers to this treaty in such
a way, and places the matter is such a new light,
as to have caused much uneasiness in business
circles in regard to the Provisional Act
alluded to. Viewing the document solely as an
exposition of the views and policy Of the Cabinet,
we make some remarks on the Act, which the
address calls up in the following paragraph:
"The suggestion I have made demand further consideration
from the fac, rha. a new Treaty; negotiated between me and the
companied By the formal ratification Of thu Emperor It now
In accordance with a provision Of our Constitution. this Treaty.
is now under consideration by me-, ia my Prfvy Council Of State
passed, viii Tecome operative or Otherwise. according 70 the re-
suit Of those deliberations I refer to-, &C
The Provisional Act referred 70 is understood
to be the Tariff Bill passed in 1855, which was
published in the Polynesiau of June Is, 1855.
The 9TH section declares that 'sthis Act shall take
effect in twelve months from and after the day of
its publication in the Poiyneaan newspaper, pro-
rided that ii rs not an relation Of any treaty erist-
ing At THAT TnE," viz: June 16. 1856. The
French Treaty of 1876 was considered binding
then and is still so, therefore the law by its own
provision, specifying the time it should go into
force and not providing for any subsequent pc
Rod, has generally been considered as a dead let
and incapable Of being revived except by new
enactment. We last week alluded to the French
Treaty as requiring the concurrence of the Legis-
AZURE in the event of its approval by the consti- !
:utional powers, not dreaming that any Act e-
sted by which the Legislative approval was UNI
under the circumstances.
Now the question arises whether the Tariff ,
passed TO go into effect professionally on the I
of June, 1856, by not going into effect at
he time specified, and by lying without force for
he two following years, has not become virtually
Imperative under any contingency that may
rise or can any law thus passed Professionally be
'nforced without further legislation, after lying I
" u uea0 letter on the statute DOCK from two TO j
;wenty years? Common sense would seem to I
lecide that il it Gun not become effective ut the 9
specified for its enforcement, it falls through :,
~ default. The question, however, is one that 1
only be definitely settled by reference to usage q
n similar cases. We have not been able to find I
ny precedent on this point, but presume that I
imilar cases have occurred in the history of Euro 1
,ean nations. His Majesty's address, if we rightly +,
it. Assumes that the Tariff Act of
1856 can become operative as a law of the land, '
Immediately on the approval of the French /
Treaty, now under consideration, by the ~constitu- q
ional powers and that it will become a law of the Il
and by such approval. without any further con- i
'urrence on the part of the Legislative branch of i
,overnment. With all respect for the royal speech, ]
We are compelled to assume the opposite view of {
his question, and maintain that the provisions of
he Tariff Act clearly limit the time of its en-
to June, 1856, and that, inasmuch, as
4 that time, 1t ,cas impossible for 1t to go into force,
became as a Iar null and roid. We, however,
re open to conviction. should it be conclusivelv
hown that the government is only following the
sage of older nations IN similar cases.