The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-30

After some slight discussion the following Resolu-
lion was then passed
~Resohre4. That TIL. Convention respectfully requests Hs
that a new eEction FOR Delegates h. held forthwith in the Dis
Hawaii
Mr. c. II Judd then moved, seconded by Mr..
knudsen, that this Convention listen 10 His Majesiy's
views on tue revision Of the Constitution, and then
adjourn for six weeks. without further discussion.
Mr.. Kauwahi repeated his views that he was op-
posed TO adjournment
Hon. Mr.. Ii said that haste in this respect was I'M
seemly; let the vacancies among the Delegates be
filed first.
Mr. Hauemo said that he was ready for action.
Hon. c. Z Bishop said that he thought the motion
by the Delegate from Koolaupoko, was reasonable
and respectful, and he hoped His Majesty would
accede to il. Let His Majesty or his Minis ers go
through with the Constitution with thorough COM
ments, and then let the Delegates 70. He believed
them 10 be honorable and honest men,, and many Of
them had often said distinctly that they were not
prepared TO act upon The Constitution. This Conven-
ton was not liberal, not q word Of the amendments
had been published, and the Delegates could not be
prepared upon them. In the United States they
never think of amending n Constitution without re-
ferring il TO the people. Fen the Constitution of
1910 was not to be finally settled until the people
had approved Of il. The Delegates were loyal and
willing TO do their duty. and it was bad policy to try
and make men act contrary to their convictions.
Mr. c. IL. Judd said that the Constitution should
be clear, explicit and Incapable of misconstruction.
If this Constitution was not such, il was dangerous.
lie Wa u4iOu 10 near MS Majesty ) views, u ne
was not willing to act hastily. lie had come here on
one construction of the Proclamation. and had been
forced into a false position. Ii was only just to the
Delegates that they he permitted TO adjourn.
His Ex the Minister of Finance stated hat the
draft was presented for amendment, revision. discus
sion and the final adoption, and urged the Conven-
ton TO go on and discuss the Constitution, reserving
the final action.
ii X II. the Kuhiua Nui objected to Delegates
coming here and acting in this manner.
His Ex- p. NabaOlelua said that the prerogative Of
His Majesty Is to prorogue the Legislature. and this
Convention cannot adjourn without the King per-
mission. The discussion must take place here and
not elsewhere. The people are ignorant of letters,
and this body is the one skilled and learned.
Vice President X Iber;son remarked that if the Del
egates were unanimous in their opinion that they
were not empowered TO act now upon the revision,
they could withdraw in n body and nobody could
withhold them here. He sympathized with the en-
barrassment that n good many were in and wished to
help put them in n position 80 they could feel that
they represented their constituents. The object of
an adjournment was not to obsiTuct the action of the
Convention, and II wsS u proper move, but not at
this time; ii would be better after the discussion had
takeI place here. and he moved the following as a
10 Mr. Judd's motion
"ResoiUed. That alter the several articles e the proposed
revised Constitution shall have been discussed and passed on
second reading, the Convention shall adjourn for six weeks
Mr.. Jadd asked if articles could be discussed and
rejected on their third reading also, and he was an
sHered that they could he by the Vice-President.
The Attorney General opposed the Resolution as
useless. for il might be that the mis:s would be
cleared up and the Delegates feel no necessity for
adjourning before sual action. The Delegates might
reject all the articles. though this was barely posi-
bic, IS so many had expressed opinions favorable 10
some change. Ii would probably take a fortnight to
go through the revision on its second reading, for
each Delegate had a ri Ght To- be heard Oh every arti-
Gle. Ii We cannot persuade you, rs men, that this
revision is good for this nation, then His Majesty
could doubt very gravely If he was right.
Mr.. Kuudsen and Mr.. Judd both expressed their
views that they wished for time to find out the real
wishes OF their constituents and TO make up their
own minds.
His Ex. r C Wyllie thought thar the best method
Of arriving at the result wished by the mover and
seconder of this motion, would be by proceeding to
90 consult with His Majesty.
MIR Martin thought il would he much more con-
venient to adjourn now. especially for members liv-
ing as remotely as he did
His Majesty remarked that he would like TO have
the Delegates proceed TO the discussion of the Consti-
tuition now.
Mr. Robertson accepted m amendment to his
motion, substituting six weeks for thirty days.
Mr.. Judd Withdrew his motion and Mr.. Robertson's
was put to the Convention and carried.
1t was resolved that the members he provided with
ten copies each OF the Contention report, contain
ing the revision of the Constitution. Adjourned
until 10 morrow AT ii.
Fourteenth Day.
TUESDAY,, July 2Gth, 1864.
The Convention met at IL, His Majesty presiding.
After the usual proceedings on opening, it was an
that the lst Article OF the revision was be-
the Convention on its second reading Mr. Green
moved TO amend it by inserting the words a. and
equal after free" The following is the article
ARTICLE l. God bath created ali men free land equal and
endowed them with certain inaiienahle rights among which
are life, liberty. and the right Of acquiring, possessing, and pro-
p1nrss.
His Elk. r. c. Wyllie repeated substantially The
same speech made by him on Friday.
Mr.. Knudsen replied that Sir John Bowring may
have changed his views since 1852, for he was pre-
scented with a gold ring 10y the Emperor oi Russia in
;Se2, in recognition OF his advocacy Of the freedom
add equality of all mer.
NJ Wanna asked the Minister of Foreign Relations
to explain what great benefits would flow from the
article with the words : ami equal left out.
Mr.. DO@seit remarked upon the Hawaiian trans
Ia;ion Of the phrase free aud equal and said he
preferred "ano lanaki a a like hoi." Mr.. Green
accepted this amendment.
Mr. Hauwahi thought the word equal would
make Chiefs and King on 'te same level with CON-
mon people
The Attorney General stated that these words con-
veyed no political right. aud read an extrac; from
Justice RobertsOn's opinion in " Rex rs. Booth to
that effect.
MIR. C. II. Judd said that nothing was meant by
the word equal by which to detract from the pre-
negatives of King or Chiefs, il was merely the ex-
preston of the broad dDctrine of the equality of all
men, Whatever be their color, condition or circum-
stances in life.
Mr.. kuaea argued from the Bible, that God had
made all men equal.
Mr.. Green said that those States that had left out
the word equal from their Constitutions, bad
done so to cOunienance slavery. The corner stone of
our Cons tuition should be the principles Of liberty,
equality of all men, and these words will be a safe
guard against the entertainments of the white against
the native race.
Nr. KepOikai said men were not equal. He would
like To wear the cooked hat aud epaulets of the Gov
ernOr of Kauai. but they would be taken from him.
MIR Hanemo saw no reason at all IN favor of the
amendment.
The article as amended was then nut and passed