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

Mr.. EDIToR,-I wish to call the attention Of II
public TO the astounding fact, which appears hithei
to to have escaped their notice. that the iires, !ibeTt.
property, and eUery right Of erery citizen, are 4
day totally at the mercy of JortyJfrs men called
Constituting Contention, Iriihout appeal, and rlh
out eren a hearing.
This is true, If that is true which has been off
cially declared from the Throne, that &c in this Con
vention is concentrated the entire constituting po"e
of the realm" that this Convention is above tn
Constitution, - that there is no power remaining
between it and Almighty Cod
If those doctrines prevail, it follows beyond denial
that the Convention may do rhat they please triti
all of us. No Constitution any longer interposes it
shield between US and their arbitrary will. They
may ~abrogate all our privileges riley may enact
despotism, or g State Religion; thes may abolish the
Courts; they may alter the tenure OF lands. ~
hare no appeal.
But yesterday. we were all living, quietly and in
confidence under the shadow of a senign Constitu-
ton, which covenanted to us the fullest privileges,
and which we supposed to be perm6.sent and invio-
liable. Today, ~forty-fve men hold Fpe whole nation
at their mercy.
Sir, / for one am not content to corae out from the
secure protection Of the Constitution, to lie naked at
the mercy of my most trusted frienIfs, far less to be
placed under the will of a body of Lien. a majority
of whom may any day yield themselves to be the
creatures of the Ministry, 10 registrP their DEGREES.
L barter my bond for the good will OF no man.
His Majesty may have the most hane6cient inten
tions. The Mobiles may all be the bcst and wisest Of
ANNas = oNy go ea g.
They may enact a new Constitution chose provisions
shall be vastly superior to the old sae. But, Sir,
who shall assure US that one yeaS hence another
King shall not be on the Throne, who shall again
convoke a set of Delegates. who shasl be wholly his
creatures, and enact at his bidding sell another Con-
stitution, placing extreme powers in bis hands
1t is evident that such n ~precede& as is now pro-
posed must not be set, or all securis is at m end,
and our dearest rights may any dayS be taken away
by a government adroit enough to se its immense
official powers to procure the electio8of a set of Del
egates adpated TO its ends. We shtss live in daily
fear.
But, say the Ministry, " have n the Three Es-
tates of the Realm the constituting, power? And
are not the Three Estates here ast&tnbled? Will
you deny them their right to amer and change at
their will 2"
Here lies the fallacy. The t. ID Estate, the
people, are they here Is their ~! known as to
any one amendment Of the Constituti n? Can any
Delegate tell what q majority of his constituents
think respecting this or that amendment? The truth
is. sir, paradoxical as the proposition may sound, the
Third Estate rs not really present in this Conren-
ton. By this l mean to say, not merely that the
people are not personally present, but also, that no
way is used, or proposed TO be used, whereby nfif
aciV mau be represented. The amendments are not
to be submitted to popular vote in the different dis
tricts; nor do the Delegates know the will of their
constituents. because at the elections nobody knew
what amendments were intended. We, the people,
have had, and are to have no hearing in this Con-
vention.
In the debate Of Wednesday many things we're
said DV Delegates AInTulDR their INSTRUCTIONS DOT 10
pass any amendment. In my humble opinion, how
ever, a most dangerous admission was made by one
Delegate, who said that if his constituents mad en-
powered him to enact amendments, then he might
possibly have done so. Sir, his constituents could
net give him any such power under those circum-
stances. No Hawaiian or foreigner, nor any majority
Of them. has any right to empower a delegate to
tamper with my covenanted rights and those of my
posterity without giving me an opportunity for full
hearing upon every point to be acted on. In other
until every amendment is THOROUGHLY
TO the people, and fully discussed by
them, and they have had time ard opportunity
for making up their minds with full elaboration
upon each point, the people have no right or power
TO ALLEVIATE or change their own fundamental rights
md those of their children.
The King is supposed to know well and at once
What is needful for himself. The Mobiles, accustomed
to government, are qualified to promptly give their
7oice. and may all be personally present to do it.
But the Third Estate, the People, cannot be present
o speak, nor can they be prepared to answer ut once
yhen questioned. The people are unfamiliar with
aw and politics. They must have time for discussion
md thought, or else they must blindly follow the will
# their Chiefs. Moreover, the people are impul-
i've and huctuating in their will. They do rot know
own minds by n single vote. What they
Iastily concede to-day, tomorrow they may bitterly
epent. Therefore they must have ample time and
pportunity, or the will of the Third Estate is not
ruly represented.
1t NAV therefore be laid down as n fundamental
r~inciple, that the Organic Law cannot legally be
hanged, except by the most guarded, deliberate and
nth power enough q enact q law 70 crop L donkey
IRIS, could not be chosen but in a deliberate and
manner. And yet we are told that Dele
ates summoned on n hurried notice, elected in
,citement, fear, and intimidation, and assembling
it'll no knowledge Of what is wanted, are a higher
,dy than the Legislature, and that they are EN-
to deal with all our fundamental rights
eductio I'D a6Surdum. Fl
The doctrine that all things high and low are to =
subject to expressions of the popular voice, how
er hasty and irregular, is simply the doctrine of
unbridled and ignorant Democracy. 1t is te
of the first French Revolution. 1t isZaOt
e doctrine OF those States which have been su16ess-
| in popular and Constitutional government.
States accustomed to make and aEy-E Consti,
tions, in so doing, always provide. ~ full and
orough reference of all amendmer - the Will OF
e people. Had We no law heE@AHreft our duty,
would still be necessay|~so to do, u2on aprtor'
principles, ic}Sfder to make sslch amend
valid. OurS6nstitution in the 1a5th section,
Divides an epcSllent way of 50 doing by causing
sIsendrneyss after discussion and adoption, to be
Iblished t%the people for three months before the
,ction of4he Legislature, which shall finally enact
EN- as aw.
M IT.,ose Ministers, who have counselleds Iis Majesty
discard this wise and safe course, NIT be looked
on either as ignorant of all fundam tai princi-
IS Of Constitutional government, or sf:e as syco-
ants seeking to foster an arbitrary Gl for their
n base ends. We humbly hope that US Majesty,
CURING to His own good sense, will dI card their
Sc or ignorant counsel. IDETIE.
Thursday, July IA, 1864.