The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-23
PACIFIC
Commercial Advertiser.
SATURDAY, JULY %.

the assertion tnat the present mode oil amending
the Constitution had received the legal sanction
of the Chief Justice of the Supreme Court,
places the facts Of the case in n new light.
The record, go far as made public, shows that
the present plan of changing the Constitution
did not originate Nth the CHIEF JUSTICE, but
with the Attorney-General ard we feel conf.
dent that the former never has given any final
legal opinion on this question as Chief Justice.
He may have incidentally spoken in favor of a
Convention to discuss the proposed amendments,
and under certain contingencies Of mutual
cooperation by the three estates OF the realm
TO ADOPT such amendments; but no one will
be more surprised than he to learn the use that
has been made of his name, and to hear the as
sertiOn that he had given his legal sanction
TO what is now being attempted. The Delegates,
in placing reliance on the er Pdrfe statements
made before them. have, we fear, yielded the
position which patriotism called them to hold.
Until the full and written opinion Of the Bench
has been obtained. and laid before it, on so
doubtful a question. the Convention cannot pro-
coed one step to change the Constitution of the
land, and if it is done, it can be done only under
the law that might makes right."-which is
the law Of mobs and revolutions.
What the opinion of the judges or anybody
else may be, seems of very little consequence. The
speeches which have been made are sufficient to
convince any one that law is to be set aside. the
Constitution trampled upon, and the ministerial
programme carried out, right or wrong.
Judging from the proceedings of Monday and
Tuesday. the Delegates, by threats and intimida-
tons, Will be compelled Tor a majority of theln)
to work with the Ministry, and thus enable the
Convention to proceed to revise and adopt n Con-
stitution. Such being the case, and az the Bill
of Rights has already been read, it may be we'll
to republish the sections showing the proposed
amendments. We have always approved of GER
tain changes in the Constitution, but the mode
in which changes should be made is the great
point in dispute. We insert the articles, seria-
tim, with comments
ARTICLE l. God hath created all men free land eouauI and
endowed them with certain i1alienable rights among which
are life, liberty, and the right Of acquiring, possessing, and pro-
happiness. -"N u p~'1" ""' oO'''li"s safety and
The present Constitution contains the two
words enclosed in brackets, which ure omitted in
the new version.
ARTICLE All men are free to worship God according to the
by secured, shall not be so construed as to justify acts Of y H %sta
t!ousness, or practices inconsistent with the peace or safety of
No change in the above.
ARTICLE 3. All men may freely speak, write, and publish
their sentiments on all subjects. being resnonslI- 6r the atrse
Of that right, according 10 Lat0.
An important change has been made in the
above. The present article reads as follows, the
italicized part being omitted above.
ARTICLE D. All men may freely speak. write and publish
their sentiments on all subjects; being responsible for the abuse
a6ridge the liberty Of speech, or Of &e press.
"Th liberty of the press says Junius, "is
the palladium of our rights, and on that rock
rests constitutional freedom in England and
America. The proposed change is made for
some object, and if that object is sought for, it
Will be found to be to restrict, by future legisla-
tive enactment, the freedom of the press. WHY
change this section, which is the law of England
and the law of America? And why should it
not be the law of Hawaii? The new section
opens the ucay for Il material abridgment of the
freedom of the press.
The next two articles are the same rs at pres
ent, except that the portion in brackets is omit
ted
ARIcIs4. All men shall have the right, in an orderly and
the common good Igiye instructions TO their ENTHUSIASTICALLY uPI ~
to petition the King or Legislature for redress Of griev-
ARTICLE 5. The privilege OF the writ OF naDeas ou,pu ,-
King, when, in cases of rebellion or Invasion, the public safety
shall require its suspension.
Article 9th of the present Constitution, guar
anteeing the right of trial byjury, is dropped, and
in a restricted shape added to article 9TH. We
copy the omitted section
Article o. The right Of trial by jury. in all cases in which
has been heretofore used in this kingdom. shall remain in
violate forever.
This new Constitution seeks to restrict the
constitutional right of trial by jury to criminal
cases, and a man having a civil suit will have no
to ONE before a jury of his countrymen
for redress. The right to bring any suit, civil
or criminal, before a jury, ought to be guaran-
to every man.
The next article reads as at present.
AKTrcLs6. No person shall be subject to punishment for any
offence except on due and legal conviction thereof, in a Court
jurisdiction of the case.
The 9TH section has material changes. That
portion in brackets after " offence is omitted,
md that in italics at the end, is added
ARTICLE :. No person shall be held to answer for any crime
offence, Except in cases of Impeachment OF for offences with
n the jurisdiction OF a Police or Distric: Justice, or in summary
proceedings for contempt) unless upon Indictment. fully and
plainly describing such crime or offence and lin the trial of
he right to meet the witnesses who are produced against him,
ace to face TO produce Witnesses and proofs in his own favor
witnesses produced by himself, and cross-examine those pro-
against him aud tn be fully heard in his defence. I'm
Of a criminal nature, the right Of trial by jury
hall be held inUioiGbte JoreUeT.l
The above section contains all the privilege of
rial by jury that it is proposed to give the peo-
restricting it to criminal cases only. This is
certainly a step backward to the days of James
he Second and his tool Jeffries, and can only
,reed discomfort among men, born and reared on
Ingland's or Americas free soil.
The next three sections have simply verbal
lterations, the words in brackets being omitted
r added
ARTICLE s. No person shall be required to answer again for
n of=nce, for which he has been IoHcsl duly convicted. or of