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

wondered at that our community should embrace
some whose ideas of personal liberty are cruoe,
underlined and revolutionary, and whose aim Is
II oyerturn not merely the Constitution, but
every law that carries with it any form OF
restraint on them. Rule or ruin Is emblazOn-
ed on their standard, "a set up in what has been
known as the government organ, published IN
this CITY, and which, not content with the right
eous decision of the highest tribunal. and smart
ing under its sting, announces, with an i'm
pudence that has rarely been excelled, that it
will address itself . to the next Legislature to
obtain a thorough revision Of the various laws
which now bear upon the liquor traffic and liquor
consumption in this country" OF this threat
Of the government organ, we shall have a word
or two to say hereafter
On the subject of the unconstitutionalIty of
the present liquor law, the decision is very
full, and will impart some new ideas 10 those
who read it. Most foreigners here, when speak
Ing of the privileges or rights of themselves
or natives as unconstitutional, forget thai they
have nothing to say on the subject, that they
have had no hand in the matter Of making the
Constitution, and that this instrument differs in
this respect from the Constitutions Of other
States and countries. 1t is a FREE GIFT FROM THE
KING. We will quote here one or two extracts
of Judge Robertson's decision. Abiding to
the principles involved in and granted by the
Constitution, he says:
Now, under what circumstances. and in what sense. were
these sentiments or principles declared and adoptc4 by the
o1rt and have a proymate bearing mo- This onrsron for
the court is not hound to adopt the construction commended forhy
the defence, merely because general theory might give it a de-
gree of countenance, independent of all practice and ,he pre-
valing understanding, since the foundation of the Government.
The nation was emerging from its ancient state of absolute
despo'ism, in which the rights of life, liberty and property, 50
far "a the common people or serfs were concerned, were not
beyond the capricious will of the chiefs. The Government. or
rather the power to rule, was solely III the hands of the chiefs,
entirely for their own benefit or ACKNOWLEDGMENT. lis late
Majesty having resolved. with the concTrrenc,. Of his biri' chiefs
pies, granting TO the people, equally with the chiefs, certain
rights, to be held aud enjoyed according to fixed laws. and not
at the will Of any superior lord, proclaimed the Constitution of
$40. and announced, in substance the same sentiments and
now to be found il! the lt and l4fh Articles OF the
present Constitution. The voice of absolute authority decreed
common good. aud not i5r the honor, profit or private interest
Of any particular family, or OF the ruling class AMI that in
r'' King. ch1rfs anu and | rulers. - The re c parnT rJ iI, ,1 ,hrafr II IN
perfectly manifest, and the sense in which the language of the
was used cannot be mistaken.
But 1t is contendei that I" Ii IS an axiom in all constitutional
governments that all legislative power eInanates from the
people,-the Legislature acts 10y delegated authority, aud only
rs the agent OF the people, :" that the Hawaiian Constitution
founded by he people "that the government of this
Ivy the people and that it is against all reason and
Justice to suppose "I presume for one moment, that ,he native
- 49, VI NS h''-'v" tSi u Ac LNEa>idLuEt Will
he power to enact such a law as that under discussion.
Here 5 a grave mistake fundamental err"r-which is no
through a large part of the case made by the defence, and
much of the argument and reasoning preiicated upon them,
possesses no weight whatever. The Hawaiian Government was
lot established by the people the Constitution did not emanate
them : they were not consulted in their aggregate capacity
in convention. and they had no direct voice in founding
ID orsinaIiy possessed, in his own person, all the
attributes Of absolute Sovereignty. OF his own free will he
ystem' bayin, 4f.r.n ms no, onI t" !. "ip m ." an ecra nt ~ i. thnn a
nd Dynasty. but to he tTnrue Of his Ouutr accoriiur
D fixed laws and civilized usage, in leG Of what may be styled
he feudal, hut chaotic and uncertain system, which previously
The recognition of His independence by the great
overs of Clristendom the claims of commerce the Influx Of
am" the gradual advancement 81 his native subjects
riuiered necessary still further changes. The Government had
efned, and the whole land system of the Kingdom to be re-
10 !eIled. The first Constitution no longer furnished a suT-
nd consent of the Mobiles aud the House Of representatives.,
ie i4h Of June, 1852. As before, the people at large were
Of consulted, and they performed no direct part III the adoption
oned by the legislative body, consisting Of the King. the
Gislation, which was originally vested in the Monarch alone.
rigirally the attribute of the King alone. it is now the attribute
e has voluntarily associated with himself in it, exercise. No
w can he enacted ia the name. or ly the authority Of the
is the power to elect the m,Inhers of the House OF Rep
ssentaiiyes; and the members of that House are not mere
-:es''e,. The several parts Of the Legislative body, acting in
iison, have power to change the form Of government, to
al adopt another. without ratification by the people at large.
they did in 1882 and tl,y possess full n,wer to enact all
i>d"m they may deem conducive to that highest OF all uljcciS
the public weil-withn the express restraints OF the CouSti-
tun. They are limited To that extent, and uo further, 10y
e rules which they have prescribed for themselves"
We will defer till our next issue further re-
arks suggested by this decision. In the mean
Lille, We trust that all our readers will peruse
attentiyely, as there are many facts sta ted in
which have an important hearing on our
institutions, and which have never been
fully or clearly calculated.