The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-16

same effect, His Excellency II. c. Wyllie moved
that as the rules for the guidance of this Conven-
ton are in the hands of a Committee, this body
adjourn until - VI. tomorrow.
Sixth Day.
WEDNESDAY, July 18th, 1864.
The Convention met at II NJ. PRAYER by the
Chaplain minutes read and approved. Hon.
II. Kahanu presented a report from the Joint
Committee, To whom were referred the rules.
His Ex. K. e. Wyllie moved. that the report be
received and adopted. Seconded. His Majesty
asked of the Committee the meaning of the words
:" Al 0PPrOUaLs Of constitutional provisions shall
be considered simply as recODlmendafOry'' in the
last rule. Mr.. Dowsett explained that it was the
opinion of many that the approval of this Con-
vention of any amendment to the Constitution,
should be considered as only recommendation to
the Legislature.
His Majesty then said, I" cannot recognize the
right of any inferior body to alter our work"
The Attorney-General, then spoke as follows
1.-The idea OF this Convention is, that it is
the supreme authority of the land. There is no
power between it and God. How can this
body, then, composed of all the constituting
Powers Of the Realm, the Hereditary Monarch,
the Mobiles and Delegates, refer these provisions
to an inferior body, which is it's mere servant.
If you, the people, shall approve, and the Mobiles
and the King approve, of these articles of the
Constitution, they will then be the law of the
land and thus proclaimed"
Mr.. Gulick, then said
as the MIA question Oh our pODeTS mas now
come before us, though in an awkward shape, l
move that this report of the Committee be laid
on the table, and leave be granted to me to intro
duce a resolution expressive of my views and
those of many of my fellow Delegates" Sec
onded and passed.
Mr.. Gulick, then introduced the following
resolution:
50 ReSOred, That this Convention, by the con-
ditions of the Royal Proclamation, and by express
or implied authority of the people, has no legis-
So - -. - -1-l
to take conformity or separately. is understood to
be simply advisory, and that the approaching
Legislature or Legislatures, who are the only
lawfully constituted medium, acting for the peO-
pie, to amend the Constitution, may approve or
reject such advice as in their wisdom they may
see fit"
He remarked that the people of the District
which he represented, sent him here to discuss
with the King and the Mobiles the proposed
changes. in accordance with the Royal Proclama-
ton. His constituents expressed their opinion
that the only sacred road to change is that
pointed out in Art. los of the Constitution, and
the power is there given to the Legislature. The
Constitution is in the nature of Il treaty, between
the King and the people, binding upon the Sove-
reign, who, in the greatness of his heart, gave it
to his people and upon all who should succeed
him. The Oath Article of the Constitution re-
fers only to the King who care the Constitution,
to Kamehaneha Ill.
H.. r. III. the Kuhina Nui, was of the opinion
ShNN ~ NAJ 'Ahb5 10 Bt1G~a Dy Nho " alli
finally by the Legislature, it then becomes a law.
Unnecessary alarm had been occasioned by the
Proclamation, the liberties of the people are not
in danger.
Mr.. Green said that his constituents had in
structed him that he had no power to change or
alter the Constitution in the least degree, and he
should abide by his Instructions.
Mr.. Kauwahi said that the people of Lahaina
had invested him with full powers to vote on any
changes to the Constitution that he thought was
desirable, and he had no idea of relinquishing
this right of making laws to any body. As soon
as the Constitution receives the approval of the
King, the Mobiles and the Delegates, it becomes
the Organic Law of the land.
DIR. Judd said that he believed he was elected
by the foreign element in Honolulu for. as a
Crown Minister, out of office, he was unpopular
with the natives. / was asked by the Proclama-
ton to talk over in Convention, the Constitution.
This i am ready to do, but am not convinced
that L have any power from my constituents to
change the Constitution. The next Legislature
may deny the right of this Convention to change
the Constitution"
/Messrs. Kepoikai, Pinehasa Wood, Kabale-
aahu, Koakanu and Nahaku said their ~constitu-
.encies had given them authority to amend the
Constitution.
Mr.. Kipi said that he had no authority from
the Hilo people to do anything in Convention,
but discuss amendments.
The AttOrney-General then said, that some of
the Delegates seemed TO think that they had
authority to change the Constitution, others that
they had not. Others still say they are limited
by Instructions. This difficulty is attributed to
the Proclamation. l will call the Delegate from
Honolulu TO the instructions of his constituents,
given May 30, from which it is clear that they
understood that the Convention was to change
the Constitution. Pinehasa Wood is pledged not
to stand by the resolutions passed by the citizens
of Honolulu. Hanemo and Kauwahi went to
the people of Lahaina on those resolutions. Those
who have neglected to obtain the right to vote on
the changes, have no right to obstruct others who
have, and ought to 90 back now and obtain that
power from their constituencies, and, for that
purpose, an adjournment until Monday might be
advisable.
Mr.. Green said he was now acquainted with
the views of his constituents, and his hands were
tied by them, so that he should not uote on the
changes of the Constitution.
Mr.. Knudsen said that he would explain the views
of bis constituents, we're it not that he thought it
unbecoming the dignity off, Commoner of His Majesty
to be hauled over the Goals by the A~ttorney-General,
an accomplished debater and cross questioner.
The Attorney General was sorry that any Delegate
should use such language towards him. His conduct
towards them had always been respectful.
Pinehasa Wood then moved that this Convention
adjourn until Monday, at II VI. Put to the Con-
yention and lost.
had elected their Delegates, with the understanding
that the consideration Of the revision Of the Consti-
tuition was their only duty. Oh that men would
learn honesty in early life Oh that the Ministry
had been so instructed and had come out honestly,
and said in the Proclamation that the Constitution
was to be changed by this Convention. We are ready
for the vote on the resolution.
Wana said that Hanalei had given him power to
discuss and vote upon any amendments that might
be proposed.
Kauwahi said that the Constitution Of 1852 was
made by three persons, Lee, Ii and Judd only, and
n N nnnnlr nUa a N ~ n-.- 10,