The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-06-14

Csn-,irn,ion"ri.y Of h i.sqHor Law.


DIV. ta request NV views ia writing upon the liquor
question" I was. I confess, though uyt uum:ud;ul o..
your kindness. not altogether inclined 10 compliance
4 ii,t,e thought, however, pas convinced re i'Ht the
relations Of representative and constituent, are IN a
sense reciprocal; and that, moreover. - q -a"-maNeG'
You may. If ne, sl-gfi-i0. At least with great pFoIF'-
e,y. ask sr laa-l.t,u, and even opinions, upo"
matters oc public concern. This consideration together
with s. sense of personal obligation 10 yourself. and
lastly a sincere interest in the subject proposed, have
lei me To pen hastily the following brief presentation
Of my views. the only merit Of which i, that II ex-
presses the convictions Of one who has had some e1pe-
Renee among his Hawaiian friends and fellow citizens
/ propose t. consider IT, this Letter. the Constitution
cLu. Of cur existing legal restrictions upon the use
and sale Of sp.rits,-re>Jr.ctious that are held by
some u our distinguished citizens TO be partial AMI
Unconstitutional. They are contained in section !,
T CHAPTER -. Penal Code; and in section 6, page 81,
( Civil Code. The former section DEGREES that who
ever shall sell, give, purchase, or procure for, and III
behalf Of any native Of this kingdom, or FOR his use,
any spiri,uous liquor. or other intoxicating drink or
substance, shall be punished, SC" The latter sec
Z ton rrescyites the ccnlitonso Of the bond necessary TO
be entered into by the retail liquor licensee, one Of
the clauses Of which provides that The shall not dur
ing the continuance Of his license, sell or furnish"
spirituous liquors 'to any native subjects of these
islands," &c, under a penalty Of five hundred dol
lars. and forfeiture Of his license.
The former restriction addresses all subjects what
ever; the latter retail liquor licensees alone. Now
here is obviously a broad and exclusive distinction of
the statute, between the foreigner and native, in their
civil right to make use Of spiri,uous liquors, and this
distinction Is alleged to be i~nvidious, and unconsritu-
tional. In support Of this position article II Of the
Constitution Is cited, which declares 1.-the King con-
ducts His government for the common good, for the
protection, safety, prosperity, and happiness Of His
people, and not for the profit, honor, or private inter-
est of any one man. family or class Of men among
his subjects. Therefore in making laws for the ma
ton. regard shall be had to the protection, interest
and welfare not only Of the King, the chiefs, and
rulers, but of al the people alike"
This language l. affirmed to forbid any other legis-
latiou than such rs recognizes the perfect civil and
political equality OF all classes Of subjects; the chief
and servant, the rich and poor, the wise and igno-
rant, the native and foreigner standing, it is said,
upon the same broad level of the Constitution. Fun
damental opposition to any civil regulations that rest
upon diversity Of race, follow leGitimately from this
Interpretation. Let US then carefully test its sound
ness. The purport of the language seems very plain.
1t i that the common good, 9" in opposition 20 mere
" individual, class, or sectional interest, is the grand
object of the government. Therefore, this grand OBJ
iect Is ever to be had in view lin making laws for the
nation" The common good, not perfect civil AMI
political equality, is the burden OF the article. How
will those vino contend THAI the Constitution by this
article establishes a perfect civil equality among the
citizens, reconcile their views with the fact that the
same Constitution, in succeeding sections, draws pail
pable lines of distinction between classes, and estab.
fishes highly important special privileges, aud disa-
biities:
Article 50 excmpts leg atorS, unless they lie
traitors, feloEs, or distuThorS OF the peace from arrest.
while engaged in their official duties and holds, them
all, without exception, irresponsible to the courts, for
words uttered in the legislative assemblies. These
are special ja@Hiies C legislators. Article II,
denies admission to the Lower House to al male sub
jects under the age Of twenty-five years, and to all
male subjects who are ignorant of reading, wiring,
and accounts. These are special disabilities Of young
and uRIeGrae3 men, two classes that comprise in this
kingdom, 10y far the larger portion Of the male popu-
lation. The political disability Of romGn, under the
Constitution, indicates very clearly that it, trainers
did not sympathise with certain modern reformers.
Articles 20 and IS, also involve special immuuities.
1t Is ImmsterlaI 10 reply here. that these provisions
were considered necessary 10 secure proper legislation.
Their Importance does not diminish, though il does
justify, their special and exclusive character A. we
cannot believe the Constitution LAYS down a rule,
which itself Immediately violates, We must, l think,
hold that the letter Of that important instrument does
not preclude the existence OF special privileges. and
immunities, though applicable to large classes Of citi-
zeus, when the common good or what we ulay
term the spirit of the Constitution, requires them.
We nave now 20 consider whether this regard TO the
common good demands the present restriction Of
the use and sale Of spirJuous liquors, as applied 10
the native population. If the friends Ct this res,ric-
can show that Il promotes public morality. and
couseryes the public peace by diminishing the teDpta-
,iru- TO vice, guarding against the approaches u an
IusjlioUs evil, and 10y largely excluding from the
a powerful element Of disturbance, then it viii
appear that it Is in perfect harmony with the benign
purpose of the Constitution. :
cannot mere more than ulaucp at this moral aSufcr
# the subject, aud sht!. not enter upon the s0afhre
statistics If crime, the uelancho!y records Of insanity,
~ the bitter experience Of ether states, where the ever
occurring agitatians on the subject Of iu,em9eTauce,
.re like the ~hudieriug efforts Of Vitality to throw OF
he deadly influence Of poison. 1t Is enough arus TO
seen, dimly, through tears, thut the cultivated =
mind and generous spirit. the just pride OF a good
name and honorable station, the sacred Claims If
tmiIy. nave too often been Insufficient 70 resist the &
morbid, relentless, destroying appetite for strong :
rink, that, ia spite of SuhiuIuE motives, couUsels -
ud VI Liu-s and good resolutions, has hurried lis
ctims 10 uutimcly. lI~huu9ryi graves. Alas. that :
form Of sc.f-iaiuIseuce, apparently harmless at /
be outset, So often AMI So soon uuiermiues the de-
uses Of seitresjaiut. and Developing "a terrible -
harlc'er, feeds yampjre-hke upon the likelihood #
Is &: well saat our U.Ta..a people. s~u--erahls through .aefr =
--l-tl HrH~nty = -#Glr.t neat, and -.;.rll-5H by THAI m..ta.
@t my o. eHl. 81 :, 115g--l III , EaH 'e tl.l.-rt H.
tE Ia'' WI. .. m.,4l-
lent preventive ~ irausaHe-- a'a.as them. &
.atfraaI arrHcattaa- From ,- cradle g. th- 1r4.r. ia te y
cal ana nora. government ~ God. j. moan -a5-gteIr.t Tie "l
'a 'a - D-tta-au= matters .; civil policy. employs te
a, tie -4ss-a-- aad crimes q drnoeaa--.- I,a.-u.,--m
r-sl tuH.rsag- trt it vH-i H. connection eHu. "i-- and Zee .--
-a Ia-.r.-. h.E IL. -rer.c- 10 check, aal preserve tile r.
p l Is '. ar.r o. .r ID n ,sl -a.5 aus lT.5il.', aT .e1-5d---ess .
--i $50. q --.--. ta-t b. s.. fen as t - -a.z.a.. ~ -
-a-i .a soar aua.-. viii f-a5re r-.faa.c.. ami --es ar., fr
Is a-| fI...H-~ Also t.tt You EI noe allow q distinction