Polynesian., 1860-07-28
Ghe polpnesian,
HAWAIIAN LEGISLATURES. 1850.
HOUSE OF MOBILES.

1
| the President, Mr. David Kalakaua was appointed
President pro tempore.
| Mr. Hopkins, from the Committee on the bill de-
filming the liability of licensed retailers of intoxicat-
ing drinks or substances for offences committed
their premises reported in favor of inserting new
section. to be numbered two. and to read follows
SECTION = Every second and succeeding otense
described in Section Of this Act shall be punished by fine
of not less than three hundred than thousand
dollars and IN every case winch the Court shall deem TO be
attended with circumstances OF special aggravaon il shall
be discretionary with the Court further the party
parties offending imprisonment with hard labor tor any
term not TO exceed one year
The bill, amended, ordered to be engrossed.
| The Representatives informed by message that
they had appointed Committee OF Conference
the bill to amend Section 407 of the Civil Code in
regard to carriage of interisand letters. Referred
to the Committee Section 4O3 OF the same
The 's Names bill - ordered to be engrossed.
Mr.. Gregg. on behalf of Prince Kamehameha,
(who absent from illnesS) presented A Bill to
revise the powers of the Board of Health; bill to
regulate the market law of Honolulu and bill
lating to vendors of opium. These all ordered
translated The gentleman, from Committee,
recommended indefinitely postpone the bill to
| amend Section 953 of the Civil Code making more
stringent than 1T present the law g Of the Arrest of
| Debtors
The Report accepted. and the bill indefinitely
postponed.
Adjourned till Monday next.
| FoRTIETH Day, July 23-The Act relating to vend-
Ors of opium read a second time.
| Mr. Hopkins said that the Bill as presented might,
perhaps be amended with advantage, but he sat
isfed that the object a good one-o put the sale
of opium under regulations and control it.
| Mr. Wyllie doubted whether this BILL fixing it did,
price for the license ought to originate in this House.
Was it not bill to create revenue:
Mr. Gregg said that it merely police regulation
and this House had perfect right, under the COnstu
tion to originate bill of that description,
what the penalty involved.
.ool,o ri Ho,
wished to be put upon the record protesting that the
Constitution ought to be amended, i'll this, well
| several other points.
Messrs. Armstrong and Haalelea agreed with the
Minister of Finance
| Mr.. Wye agreed in the principles of the bill-to
restrict the sale of opium much possible and keep
it from the natives but he still had doubts about the
question whether this not bill to raise revenue,
or would be construed as such by the Representatives
Mr.. Gregg reiterated his views this subject, and
in a Short but vigorous speech, advocated the right of
the House of Mobiles to originate and pass bills Of this
description. He thoroughly explained what he under
| stood by the word revenue.
Mr.. Bishop differed entirely from the latter speaker
He considered that the b fixing, it did, the license
at $4,000, essentially revenue bill, and the House
was wasting time in considering it.
Mr.. Hopkins did not read the 18th Article in the
manner that some honorable members did. He agreed
with the Minister of Finance, that this a merely
| police regulation Was this House to be debarTed
from passing bill with money penalty they would
| be confined to imposing corporal punishment.
The bill referred to a Select Committee consist
ing of Messrs. Hopkins, Ii and Gregg.
The Act TO amend Section 2O4 of the Civil Code had
second reading and referred to a Select Commit
tee. consisting of Messrs Gregg, Bishop and Haaeea
The Names Bill' and the Bill defining the liability
of retailers of intoxicating drinks passed the final
readings, whereupon the House adjourned till tomOr
row.
FoRTY-FIRsT DAY, July 24.-The President being
absent, on the presence of quorum, Mr. Kanaina
| elected pro TEN.
Mr.. Wylie, from Committee, reported the bill to
provide for the better protection of Agents of foreign
friendly powers The report of the Committee reads
as follows:
The undersigned appointed by President the House
Mobiles their of Wednesday, 9th instant Select
Committee consider the the protection
Diplomatic Agents OF Foreign friendly Governments near the
Kings " with reference rights Agents by
the laws and of nations generally but particularly
of whose Commissioner complained Of
insult and injury him arising from publications the Press
by Dr. Fck, and pacad put up front of the book
cuped by Mr. Whitney, respectfully report that the Act ProPo
e to amend the 4e6h section Of the Cvu Code by inserting
insult his character through the public press by pacards
by painted carcaures leaving the penalty precisely stands
Your committee amongst objects Internal
furious foreign whether be in the person the Sow
eregn of his subject see g. F. Won Martens section
From the days king David regard his messengers
comfort anun the Nahas down to those Of Cen
era Casta in Peru Soveregns consider themselves injured
and nsulted by attacks ricu Of their
Hence in all civilized countries those who matreat or in
suit the representatives OF foreign state considered guilty
Our forbid and punish bels against private individuals,
and would be suppose that what laws do
ciay privileged representatives Of foreign states Now what
constitutes libel private citizen? high and modern
ltica authority defines II rs follows:
"Lbel malicious defamation expressed either in writing,
alive exposing public
rdcule. 3 Whatever written words tend
render ridiculous to lower him in the estimation of
the world, amount 20 a libel
The undersigned believe the spirit of that British authority
and Of the Sd Article Of Constitution (Which while guaran
eeing liberty Of speech writing and publishing to all men, makes
Consul n the absence OF Diplomatic Agent Of his naton
abuses the liberty guaranteed him. in that Article commits
libel crime against the State subjects himself TO
punishment for such abuses.
Diplomatic Consular agents of foreign nations
under the protection of the laws Of nations this Kingdom
they any other State; and if conduct
foreign relations Of the Kingdom with the regularity implied
the recognition Of rank independent State must
extend 10 them that prOecten not rudgingy but willingly
The undersigned believe that for the Kings
the Diplomatic Agents Of foreign States to the full
Of the requirements Of international law would place
them in position OF not only davor but even OF danger with
those foreign States But the Ministers of the King
and his Maesty's other highest officers be held to d
cule and contempt with mpuniy questionable whether the
Kings Government can protect foreign political agents as inter
national law requires To set forth this question clearly the
undersigned take leave to that Martens in the same section
already quoted FROM adds Foreigners however require
other satisfaction than what the constitution Of the state
would permit the Oene had been committed against its own
Hence originates the expediency revising whole Law of
the Press without infringing upon the liberties
guaranteed the Sd Article the Constitution that
RIGHTEOUSNESS at would embro with foreign governments
and discredit the Kings domestic administration.
The undersigned beg observe that although the Commits
Of France the only political agent who has officially de-
the Government OF the King responsible to that Of
attacks made him in the public Press
plants the subject, though without charging that
sponsiby their respective governments have not been
bygOne both from the British Consul General
and successive Commissioners Of the United States
The former H B. Ms Consul Genera in his address TO the
late King the 18th December s In OF the u :
Commissioner and tie French Consul other things said
at would therefore be obviously to the credit and greatly to the
advantage OF this Government for its members TO treat the re-
sident Foreign Agents in a becoming manner"
The undersigned with the sentiment expressed by the
Minister OF Foreign Relations In his to the Legislature OF
l3 namely that depending much do on the good
opinion and sympaes Of the world it is desirable that shev
foreign courtesy those