The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1863-04-02

rulers, would be a psrysrs,9n Of the plain snsuase and intent
the law in question de.rades His Msjesjy's native subjects to a
condition Of slavery or serfdom, Is sheer eN'Tavagsnoe, a total
Tue Defendants counsel admitted, in the course of his argu-
mrat. that there j. 10 provision in lie Constitution which could
proven; the Legislature from eusctinc a law TO prohibit. entire
y. the i'm portauon and sale Of spirtuuUS liquors within iis
to arrue tha: because The Government has yielded, by the
treary Stiuuladons already referred 10. a part Of the power
Of soyerri,pry, and can no longer prohibit The imrortation and
sale OF liquors by and to foreigners, that, therefore, the whole
power Is lost, and the legislature cannot enact a law to conane
the traffic to foreigners, and prohibit the sale To natives. But
Is this logical, Because the exercise Of the legislative Foweris
a. it is not affected by treaty, may not SUI he exercised up
But II is cOnIenGed that " 1t is an axiom in all constitutional
governments, that all legislative power emanates from the
was founded bv he peorle :" thai the government Of this
Kingdom proceeds directly from the people. was ordained and
established by the people" and that It is against all reason and
subjects of this Kingdom ever entrusted the Legislature with
'T poStt 4 ehac' Gch a Jaw a. N unaisT S usslO n, =
doubt the source Of much misconcepton. These ideas run
-, go 90 r re ~ 80 80 40 nm n, ps - - e - ~,
not established by the people the Constitution did not emanate
from them they were not consulted in their aggregate capacity
either SI the Goyerum nna 'I eS t d@i Go con rriigt oD'e King KIM Kame.
hameha Sd originally possessed, in his own person all the
attributes Of absolute sovereignty. OF his own free will he
granted the Constitution Of 1910, as a boon to his country and
people, establishing his government upon a declared plan or
and Dynasty, but TO the government u his country according
the feulal, but chaotic and uncertain system, which previously
prevailed. The recognition of His independence by the great
powers of Christendcm the claims of commerce the influx of
foreigners, and the gradual advancement of his native subjects,
rendered necessary stll further changes. The Government had
to he regularly organized, the different powers separated and
defined, and the whole land system of the Kingdom to be re-
modelled. The first Constitution no longer furnished a suhi-
ceutly broad foundation. The King, by and with the advice
and consent Of the MOBILES and the House Of Representatives,
voluntarily granted ard proclaimed the present Constitution on
the i4th Of June, 1852 AS before, the people at large were
not consulted. and they performed 10 direct part in the adoption
Of the Constitution. That instrument was framed and sane
toned by the legislative body. consisting Of tie King. the
House of Mobiles and the House of Representatives, in whom,
collectively, IL now vested that supreme, absolute power OF
legislation, which was originally vested i'll the Monarch alone.
Not a particle Of that power was derived from the people.
Originally the attribute of the King alone. iii IS now the attribute
of the King and Of those whom, in granting the Constitutions,
lac has voluntarily associated with himself in its exercise. No
law can be enacted i'll the name or by the authority of the
people. The only share in the sovereignty possessed by the
peopl Is the power To elect the members of the House Of Rep
reseutatiycs and the members Of that House are not mere
delegates. The several parts of the Legislative body, acting in
unison, have power TO change the form of government, TO
amend and modify the Constitution, or To abrOgate II entirely
and adopt another, without ratification by the people at large,
as they did in 1892 and they possess full power to enact all
manner of wholesome laws, general or special, which in their
wisdom they may deem conducive to that highest of all objects
the public wedl-wthin the express restraints of the Consti-
tuition. They are limited to that extent, and no further, by
the rules which they have prescribed for themselves
1t has not been argued, nor could it have been with propriety,
that the law prohibiting the sale Of spirituOls liquors TO natives
is perniciOus in its effects. or that it is not a wholesome law,
within the meaning of the 62d article of the Constitution and
there can he no question that 1t tends to promote the well-beng
of His Majesty's native subjects, it assists in promoting the
material interests and general welfare of the nation at large.
The subject Of the importation and sale Of spirituOus liquors in
this Kingdom, has always been treated by the Government as a
regulations. With the limitation resulting from the treaty
engagements already spoken of, the legislature has full power
over this subject, and so long as the law makers deem il wise
to maintain the prohibition, it is the imperative ddty of Execu-
tive and Judicial officers to enforce it.
In my opinion, the Judgment Of the Police Justice should be
Affirmed.