The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1863-02-12

the lst Section OF Chapter IL Of the PeHa
Code, has been argued IN the Supreme Court
as TO is constitutionaiity. The law reads
Whoever shall sell. give, purchase OF procur
for, and n behalf Of. any native OF this kingdom, %
for h. Use any spiTituou- liquors, Or other iu-lIic-.
ting drinks or substances. -hI. BE- punished hy a E-t
not e~Ieeeiluz 500. and in default e payment ID
such hle, ~ imprisonment; al hard lab.T i9r . term
not exceeding two year."
This trial has been OF much interest 90 this
community. inasmuch as the effect Of the law
upon, and is necessity for, the protection O.
the Hawaiian race. divides the Judgment Of
our community. The one class of thinkers
averrlug the repeal Of the law will open the
food-gates Of ruin upon our nation the
other, that it IS a siavish chain upon personal
liberty, and degrades, rather than developes,
the power Of seif-restraint IN the native race.
The main assault on the law Is thus summed
briefly
'This law i unconstitutional in the obviously
bro1i and exclusive distinction between the civil
rights Of the natives OF this kingdom. an adopted
citizens and foreigners, and which fsuatical-ca-s .ez-
i-lItioH, ~ contend = iuyiiiJus and unconstitutional;
and in farther support VI our position We contend
that the language Of the Constitution Erbils any
other legislation than such a. recognizes the perfect
civil and equal privileges and Immuuiries Of all the
people Of this kingdom, native, adopted and foreign,
under ike circumstances"
II was declared TO be repealed by implica-
ton, because of alleged Inconsistencies with
the license laws Of the Kingdom. published
subsequently to the act and, further. II was
argued that inasmuch as the law declares
that 4" Whoever shall sell, give, purchase or
procure for and IN behalf Of auv native Of
this Kingdom, or for his use. any lntoxica-
ting drink or substance, shall be punished
&c. That It would be necessary 10 supply
the word TO" after the words IS sell and
give" 50 as TO make the law OF force when
the sale or gift was directly to n native. in
stead of TO another, or a middle-man. FOR the
use Of the native. And, further, it WIS said
to be contrary to the 2nd Article OF the French
Treaty, which was quoted as securing 10
French subjects the right TO sell ALL articles
OF merchandise or and TO WHOM THEY PLEASE.
The Acknowledgement replied, (thou-,h we
only give his most prominent thoughts as we
heard them,) by showing that the appellant
in the case IS not n Hawaiian seeking MS
rights, or complaining of oppression, but a
British subject, endeavoring to extend lis
privileges, by selling spirits to the HawaiianS.
Nor can 1t be said again, that this people
this law as oppressive. Since its
passage IN 1870, there have been eight par
lIaments, from the people in all these the
native members have been in large majority
over the foreign members-yet in none has
there been a single vote of a native member
TO repeal this law, TO my remembrance, now
declared by counsel so oppressive. III fact,
the HawaIlans themselves passed and have
this law for their own projection.
FanatIcal Legislation is assumed as giving
birth to this law. The Legislature of 1850
under the old system affairs were then
being organized /; the native Hawaiian was
thoroughly and fully in the ascendancy the
King had called no foreigners, save his Min
Esters, to the MOBILES /; and u Hawaiian Mon
arch signed the bill. Let US pass from that
Legislature to those succeeding. In the
over House there were eight foreign men,
elected entirely by HAwAnAN VOTES, and
sixteen native members, there the Attorney
named over severa! foreign and ma
i've members.) Can these men be accused
IF fanaticism, or of missionary bias, as being
abid on the %tcetotal question? [ think not.
)f those whom | have mentioned who were
there have not as yet appeared any
Hawaiian men who have compared with
hese men TO their disadvantage and for
he foreigners, it would be news TO them who
re now living, or those dead, If living, TO
ear themselves claSSed as fanatics to-day,
r accused TO have any serious aversion to Il
lass of good wine, or, indeed, 10 have had
influence brought upon them in their vO-
ing, beyond what 4 sound sense and n re-
ard for the welfare of this nation prompted.
was plain TO them thirteen years ago, as it
plain to them this day, that had this law
len failed to find its place on the Statute
SOCK, the Hawaiian nation would not in this
ear OF our Lord, be found in the family of
atoms. No; they said thatthe nation was fad
lgaway from various causes. They knew that
agencies and internecine wars had been
lore efficient than the arms of the invading
ice, to sweep from a neighboring continent
brave and warlike race of otherwise stOicaI
nd self-restraincd men. They had the pow
and happily the inclination, at the time, I
shut ont this agent of destruction, and
ey did 1t; and that they did 1t to some ef- (
CT IS evidenced iall talk about broken and /
nored law TO the contrary Notwithstanding {
the effort the vendors are now making 10 :
{ aside the Law. Nor has the history of
last thirteen years among the foreign !
,pulatiOn strengthened their faith in the Z
rtues of rum. or ~imPeIied them voluntarily l
the abrOgation Of the Law. Delicacy for !,
friends, will prevent me from indi- =
dualiZing and call over the names of those .
actment of the Law. But let any man {
entity think for himself, how many are IN l.
T the sod or under the sea, and pause to 5
veil on the cause, and then say 10 the peo- n
:, if he can, that the Law Is contrary to c
bic policy. Indeed, this branch of the +
gument is closed effectuaIIy by the appel D
ITS counsel, who, impelled, | have no c
bv rhe majesty Of truth. himself admits "