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

1t Is CJDIeUlcl by the counsel Tor the EcSIDIl
ent, that the law, which is alleged % have beer
violated by him, il unconstitutional ana in de-
rOgItiOn of the rights, privileges and immunItIes
of native subjects. Questions which involve con-
stitutIOnal provisions, are always OF the most
grave and serious character, and should receive
the most anxious consideration.
IL il alleged that the Government, under the
present Constitution, emInated directly from the
people, and WAS ordained and established by
them. liz may be well for the full eluciddtlOn oil
the question involved, to review briefly the his
tory Of It's formation. 1t Is not necessary for
this purpose to revert TO the Government Of these
islands prior To the time OF Kainchameha |. The
entire group Were conquered by him, and he was
the founder Of the Kingdom, and all the lands
belonged to him, a portion OF which he DIVIDED,
according 70 ancient usage, among his warrior
chiefs, and they did the same to an inferior order
Of chiefs, by whom they were subdIvIded again
and again but the title was in the King, and
there was no one who could make Il conveyance
without his consent, or direction. All persons in
possession OF lands, no matter whether chiefs or
people, owed and paid Il land tax, which the
King assessed ut pleasure and also he called Tor
fGry,ce Il hIS diSffT@ti"" on all gr?d"s, ir9'm fh"
the yearly taxes, some portion of the productions
OF the land. In addition, they owed obedience
at all times. The Treaty which was negotiated
in 1896, between this Government, and Lord
Edward Russell ON behalf of the British Govern
Inent, shows the views then entertained by the
contracting parties. 1t is therein declared 'sthat
the land on which the houses were built is the
property Of the King" This sketch illustrates
the nature of the tenures, and the titles by which
the lands We're held. Land was the main pro-
perty which gave authority. 1t was the only
Resource to support the retainers who were
necessary to sustain the dignity of the King and
his chiefs, and Us the titles of all the lands were
held by the King, it was literally true that the
Kingdom was his. The Government was as e1-
clusIvely IN him rs the titles to the lands were.
When kamehameha /. died, his will was The
Kingdom is LihOliho's, and kaahumanu is his
Minister" In his time, . life and death, con-
domination and acquittal,' were In the hands of
k~aahumanu, who was then, as declared in the
first Constitution, the Premier of the Kingdom.
This officer transacted business under the author
ity of the King.
On the 9Th October, 1910, Kamehameha III.
granted to his people "A Constitutions, which on
that day was agreed to by the Mobiles, but it vas
then declared that it should not be considered
as finally established, until the people have gene
rally heard it, and have appointed persons accord
ing to the provisions therein made, and they have
given their assent by their Representatives, then
this Constitution shall be considered rs perma-
nently established" This Constitution contain
ed q declaration of rights. 1t declared, 9 God
had bestowed certain rights alike on all men,
and all chiefs, and all people, of all lands, and
that some of the rights which God had given
alike to every man and every chief of correct
department, were life, limb, liberty. freedom
49, N"C ~ hibGo VI HE idildS anu /
the productions of his mind, not however to
those who act in violation of the laws 1t
secured protection to . the persons of all the
people" 1t permanently confirms the Kingdom
to kamehameha III. and his heirs. \ House of
Representatives, was established, and there were
some s~alutary provisions of law contained in it
not properly within the legitimate measures Of n
but probably for the day sub
served their purposes. 1t will be seen that this
was Il grant from the King. What
ever puyypr or RIGHTS which hp alIPuu cd nv this
Constitution, was done from his own convictions
of justice and OF duty. The Constitution did
not proceed from the people, neither was it or
dained or established by them. From the con-
sideratiOn which he bore them, he declares to
them in the instrument itself, that it shall not be
as finally established, until the people,
by their representatives have asSented To 1t.
There is no place in this Kingdom made memora-
BILE like Ruunymede, where the BarOns of Eng
land compelled King John to grant Magma
Charta- Neither the chiefs nor the people have ever
compelled the Kanehameha's by the sword to
grant them Il Constitution. 1t was n free Will
offering ON the part OF the King. 1t was regard
I'll by him rs Il measure of wisdom u give strength
TO this Kingdom, symmetry To its laws and pros
pcrity to his people The first Constitution was
limited IN Its provisions, and was thought not to
answer fully the great purposes OF such an mstru-
nent. In 1852, the same King which granted
he Constitution of 1910, by and with the advice
md consent of the Mobiles and Representatives os
N'S - ~ '"AeN ~ oItaN tbA %NhAh
ii the Constitution which il now in force. Like
he Constitution OF 1910, it was Il grant from
the King himself, and not secured by any act Of
he people, other than the asSen. Of their Repre-
which the King most grIciously sug-
as Il matter proper for their consideration,
md for the expression of their wishes. The
of rights evinces enlarged and libe-
al political views, and 4 determination to con-
his Government for the common good. and
or the protection, safety, prosperity and happI-
of his people" Although it is very evident
hat the Constitution was Il grant from the King,
nd not cOerced by the chiefs or people, still it
vas 4 grant made by their advice and consent.
t has no less binding force than if it had been
he result of a revolution, although between the
arties To the instrument it would doubtless have
sss technical and ~exacting rules of construction
han if won by the sword. In the one case it is
grant from Taternal feeling, and in the other 4
harter secured by force. 1t was made in the
rOtect them in their personal liberty. and in the
njOyment of the fruits of their labor. It was
le virtual abolition of a system which ~rcSembled
ne feudal system of n portion of Europe, and
ihlch was never imposed ON the foreigner here
nd while the Constitution amply secures him in
ii his rights, 1t was never designed TO preclude :
he benefits and advantages of such legislation rs !
le HawaIiaus should regard Us adapted to their
ocular condition always promising that it does /
ut affect injuriously the rights of the foreigner. &
lost of the foreigners 1T the time of the adoption t
the Constitution were under the protection of I
eaties and the law Of nations.
The history OF the Hawaiian Government and
VS., prior and subsequent 10 the adoption of the t
institution, and the true meaning of the terms a
the Constitution itself, fully sustain this CON- I