The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1863-04-09

For example, it has, by the law Of 1916, inter
dictcd the enlistment Of natives as sailors on q
foreign vessel, without the compliance with GER
tain acquisitions, especially prescribed, and even
then the power was placed in tie hands of the
Governor to grant or refuse the application for
enlistment. a bond was required also 10 return
the enlisted natives. BY the Civil Code, a law
similar in its provisions is re-enacted. The
penalty is made higher by the last law. The
master of the vessel is made liable TO Il penalty
Of FIVE hundred dollars for taking a native out OF
the Kingdom, Us a seaman or otherwise, without
obtaining the consent of the Governor, and his
vessel IL liable to seizure, condemnation and sale
to satisfy the same.
There are in force certain laws for the estab-
lishment Of English schools for Hawaiian youth,
on the several islands, at such places as are
deemed most advantageous for extending a knowI-
edge Of the English language among the natives,
and money is appropriated and expended tor that
specific purpose.
ton to establish family schools, for the domestic
training of hawaiian girls in which the English
language shall be taught-and money Is appro-
priated for this specific purpose.
The history Of our whole legislation shows,
that many laws have been passed which applied
to the native subjects exclusively Laws similar
in provision, and for the same object, applicable
exclusively to the native race, have met the ap-
prevail of the King, Mobiles and the Representa-
tiyes of the People, at different periods since the
wear 1910, WnIcn Is CONCLUSIVE cNIltlICc liIiI III
their Judgment the unrestricted use of spirituous
liquors Is dangerous In It's consequences. For
the good OF the people, in their wisdom they
have passed these laws. At any session OF the
Legislative Council they could have repealed
them but they have not deemed it wise legisla-
ton to do so. At any future Legislature they
can do 1t, if they feel assured that the health and
life of the people will not be endangered.
In the l4th Article are these words, . in max
ing laws for the nation, regard shall be had for
the protection, interests and welfare, not only of
the KING, the chiefs and rulers, but of all the
people alike" All the laws which have been
passed, applicable exclusively to IIawaiians, are
applicable to all Hawaiians alike and, because
they do not embrace t e foreigners, this c%Onstitu-
tional question is raised. My own view is, that
in forming the Constitution il was not the intep-
ton of the trainers to prohibit legislation exclu-
sively applicable to native subjects. Many of
the men who were participants in framing the
Constitution were members of the legislative
council, which have passed this class of laws.
The counsel have pictured much injury to the
Hawaiian by this construction. All branches of
the legislative council always have been Hawaiian,
and two branches at least will be so as long as this
Constitution exists. and any laws which they pass
apply alike to all Hawaiians, and Of course, To
themselves, and cannot conflict exclusively with
any of their constitutional rights; hence it is that
the native subject can be in no especial danger in his
civil or political rights. While some laws have
been enacted of a restrictive character, such as the
law iii question, the law Of shipping native sea-
men, and of restraining natives from leaving the
islands without the Governors consent, many
provisions have been made especially for their
benefit. to some of which | have already advcrted.
There can be no complaint of this construction
from the foreigner, for whether Il subject or not,
the restricting laws do not apply to him. There
Is a popularity in the Government and in the
business affairs of the whole nation, in this, the
union and cooperation OF the foreign element
the aboriginal. Its workings have been
harmonious and mutually useful. And while it
has been so, it has been the gracious policy of
the original race, in whom was vested the lcgisla-
power, in passing laws of a restrictive char
leter, to apply them exclusively To themselves.
1t Ill becomes the foreigners to complain of this
application, and it never could have been the
meaning and intent of the trainers of the Consti-
to exclude from the legislative council the
power to pass laws exclusively applicable to
Hawaiian subjects, willie those laws were in ac-
with the spirit and genius of their Con-
The aboriginal race would have never
this power, because they always have
been aware, and more especially ut the period
the Constitution was adopted, that there
we're some laws which were regarded as wise for
hem, which were not applicable to foreigners,
IT ut least would tend To promote difficulties,
if not in conflict with treaty stipulations.
\ law containing this prohibition OF sale TO
native subjects was passed by IL legislative council,
composed mainly. in the House of Representatives,
# aboriginal inhabitants. elected by the sulfra-
of the people; and i'll the House of Mobiles.
" the high chiefs of the land, together with the
ministers, and finally approved by his Majesty
he King. This law is the result of the deliberI-
ions of those who represent the aboriginal race,
nd it is sought to be defeated bya resident British
ubiect on the special ground that the native
deprived of his constitutional rights in being
nder a prohibition To purchase ardent spirits at
is hotel. The law has been in operation many
and the native population sustain it on the
round that it is necessary for the health and
of the people. While we as a Court are
Ound by the terms of the Constitution and laws,
{ the same time it is our duty to apply a sound
Ommon sense in their Interpretation. 1t Is an
iStorIcal fact that when Il foreign population
Iakes Il settlement with an aboriginal race, that
lille they introduce many good customs, they
DO often introduce many which are Injurious,
nd of all the various tastes which they have
Introduced which is dangerous to the life of the
b~original race, none equals that of Il love of
rdent spirits. 1t has generally proved fatal to
existence; and when this very people, aware
the fatal consequences of the unrestricted sale
ardent spirits. enact and re-enact laws for this
urpOse. il i'll becomes the foreign race 70 take .
le advantage of Il technical and verbal criticism,
hich the history of their legislation fully proves, ,
entirely unsound. The Importance Of some t
IT'S OF legislation adapted especially to the ma t
YES, mas always been regarded rs prOmotIve OF I
lie rights and interests OF both, and often neces-
ry. 1t is becoming less and less so, still there I
Il and have been laws not necessary or desirable +
their application TO the foreigner, but which a
ave been thought by the King, Chiefs and Re- l
-esentativcs of the People themselves. Us neces- 7
ry for the protection and welfare of the native a..
.ce- While the native population very largely n