Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1861-03-16
Ghe polpnesian.
lContinued.l
Thoughts ON the System Of Legislation

IContinuedl
Thoughts ON the System Of Legisiation
Which has prevailed m the Halcaiian Islands for the last
forty years on the eUits that haze from Il and
on the possible remedies for these eUs-6y JOHN RAE
A. w., ". d., S s. r., ". E., District Justice and
Coroner for Hama, Maui, Notary Public for Maui,
author Of NEW PRINCIPLES OF PoLITIcAL ECONOMY,
&C., &c, sc.
To me three things apparent:
The frst-That the system of legislation which has
had place in this country for the last forty years is
system directly opposed in its spirit the lessons of
experience and the dictates of true political wisdom
The secOnd-That if it has not had its origin from
that body of putanic missionaries, who about that time
chose these islands for the scene of their operations
IS at least such system one might a priore have
conceived would emanate from them.
The third-lt has wrought great mischief and been
productive OF the most unhappy results to the native
population.
As to the first head would observe. that the spirit
of the constitution and laws of every nation naturally
springs from, and ought to be in conformity to- the
spirit of the people This the truth which it was the
main object OF Monesquieus great work TO prove, and
had wanted farther confirmation the of events
since he wrote would serve abundantly confirm it.
shall first make few observations on the Constitu-
ton itself 1t is established and has been for years es
tablished. To essay to change it would consequently
be, in my opinion, unwiSe attempt to disturb the
settled order of affairs. Toexamine, therefore, whether
it is is not. the best form of Govern ent that could
scope of the intent with which publish these papers
have practical, and not theoretical objects in view
But, is necessary to the manner In which might
have been expected to operate, and in which it has in
fact operated.
What is called constitutional government had its rise
in England. and the primary idea Of it derived by
the people of that kingdom from their Germanic
try. The British House of Commons, it is now allow
ed is legitimately descended from the AnglO-SaxOn
Wtenagamot, assembly Of wise men. The principle
l.. 81 .olls
famous preamble. "AH men born free and equal -
had foundation in fact but to the German. To
him it absolute reality. The liberty it his
own to assert the equality was provided for by the
laws, which established annual and equal re-appor
tionment of all the lands of the nation. Among pas
toral people, where cattle make the general wealth. this
eectually prevented the riches of much exceeding
that of another In where this perfect liberty
and equality had prevailed for innumerble generations
and among whom consequently all public measures
canvassed and debated by each the right of every
to form opinion on all public questions, and
his duty to give utterance to it, became deeply i'm
planted in their souls that seemed to them princi
DIE innate in human nature itself
The cruel contest of the Saxon in England with
their Norman conquerors and their miseraby depress
ed condition under these naughty nObles led them to
cast longing eyes toward their ancient state and kept
ever alive in their breasts that feeling of the innate right
of all to have voice in the management Of their
own affairs. This right they began gradually to assert
good. Constitutional government in England and
America may thus be shortly described as an attempt to
reconcile the ancient Germanc principle Of perfect lib
erty and equality, with the actual circumstances Of
modern society," where greet wealth and great poverty
exist together among the citizens of the same state
1t is characteristic of that AnglO-SaxOn race to
vaunt the exceences of this form of Government, and
whenever they have the power to endeavor TO spread
its sway. The attempt has not always had the most
happy success, as France, Spain and the Spanish colo
MES may witness. To assure it success the people must
not only have the ability to form judgment on the
course of public affairs but they must acquire the hab
it of doing So and they must have energy to give n-
uence to their opinions by the choice OF delegates who
will give them expression and force. Ii they are deh
cient in these requisites, they will have real weight
in the constituted order of things and the power which
they ought tc WELD will fall into the hands of others
The Hawaiian in this predicament. They
had neither such habits of thought Of action a. lifted
them to exert influence in the government OF affairs
Whether they shall ever acquire them is question
which time alone determine That power naturally
therefore, fell into the hands of those to whom they
looked up for directon-the puritanc clergy. That
these seized it, and have exercised it, is generally as
serted and the acerbty with which their organs have
attacked the Minister for Foreign Relations since his
attempts to set some bounds to their political influence
would seem justify the belief that they have sought
to guard it with jealous care
On the one hand, therefore, conceive it would be
unjust to affirm that the constitutional scheme was de-
vlSed by the purltanlc clergy, IN
holding any recognized and responsible position IN the
Government, they might, unseen, influence and direct
all its movements. 1t would be unjust 20 affirm thls
because it is of the characteristics Of the AngoSax
on racs to establish that form of civil poy wherever
they have the power so to do. Yet, l think, on the
other hand must be allowed that had that clergy set
about contrive plan by which they might in effect
rule without being to rule, they could not have
hit on one better suited to their purpose
Passing the constitutional question with these remarks
l,n-ra a1n
That the system of legislation which has had place in
this country for the last forty years system directly
opposed in its spirit the lessons Of experience and the
dictates of true political wisdom" include, of course
under this censure both the period before and that
after the establishment of the present Constitution.
have quoted Montesqueus maxim that the spirit
of the laws ought spring from and be in conformity
to the spirit of the people What, then were the dis
position, propensties and condition Of those for whom
the Hawaiian legislator called to form laws
AS regards the native population, two circumstances
may be mentioned very favorable to successful legislative
action These islands had all come under the rule Of
one regal family and peace and ORDER therefore, reign
ed throughout their whole extent and, again. AL the
people eager to receive and doce to obey nsruc-
ton in the ways of the civilization that had dawn
ed upon them As race, like the inhabitants Of trop-
ical climates in general they loved ease and enjoyment
and we're prone to yield themselves unrestraned TO
uous delig hts The natives indeed of all the Pacific
islands have long been noted by voyagers as OF extreme
" licentous habits The fable Of the Paphan Goddess
rising from the would almost seem emblematcal OF
these isles beaten by the mid-ocean waves This was
their national vice But be it observed they were per-
fectly innocent of the conception that it vice On
the contrary, their creed was:
Take the goods the gods provide thee.
To enjoy Is to obey"
It's SO with all national vices. They 50 sink into
the hearts of that they come at last to pass for
virtues Hence the difficulty Of eradicating them This
the history Of the AngoSa1On race, with which they
we're destined to come in contact, sufficiently proves
Sprung mainly from the ancient Germanc stock there
have come down to US with that blood, much OF the
hardbood of body and mind and energy Of character
for which they distinguished Energetic action Is
essential to happiness We spuru inglOrous ease
and despise those who give themselves up to it, But