The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-02-27

L. -~AeDA1-~
The popular branch of the Legislature consist:
of twenty-seyen members. We have not been
able, owing to the irregular inter-island commu,
~nication, 10 obtain an official report of the rep
resentatives elected on Hawaii. We give a list,
however, as correct as We are able to do at pres
ent
HOHOiuiu-G; Rholes Ko0tauyokO7w P Wool.
s.M. Kamakau. Epa-G- Vi. Koha-
LaAaiua-. W. H. kao~a Ma sdaa-M. kahan.nui.
Wailuku-Soa Kepo;kai. MatasGo-Sm. Humphrey.
Pnnn-s. Lainaholo. KohaLa-J. ". Austin.
Kona lk@a-G. ". Philip. HHoNs. Kip, J. Keahl
KGu-J. Kauhane.
Banalet-A. 9. Nuuanu. Vaimea-y. Knudsea.
KoLoa(- p Kalama-
T. Jones, L. 6. Hitchcock.
This gives but six foreigners in the House, two
from Honolulu, two from Molokai, and one each
from Kauai and Hawaii, which is a smaller foreign
delegation than we have ever had In 1862
there were nine foreigners, and in some previous
sessions, a still larger number. The foreigners
elected, with one or two exceptions, have been
representatives before, but it will be noticed that
many Of the natives are new members, and con-
sequently strangers to the routine of business,
which fact, as we'll as there being so small a
number of foreigners Zone of whom will proba-
bly, be chosen speaker) to control the business of
the house, gives promise of a long session.
1t is said that several Of those chosen this
year as members of the House, have been convict
ed of crimes or misdemeanors, though they have
all been ~pardoned by the King. a question
arises whether such pardon restores to them the
right to sit as representatives. The 98th Article
Of the Constitution reads:
"AsT. ss-No persol shall ever bold a seat in the Legisla-
trre, or any office Of honor, trust or profit under the Govern
Ineni Of the Hawaiian Islands, who shall, in due course Of law,
have been convicted Of theft, bribery, forgery, embezzlement or
other high crime or misdemeanor'
Taking this section by itself, it would seem Us
if the decision of the question hinged on the
point whether the Constitution be the supreme
law of the land. or whether it can be negatived
by an act of the King. One of the members of
the last House of Representatives, it is said, had
been convicted Of a crime and pardoned. The
House, having a right under the Constitution to
judge of the qualifications of it's members, when
the question of his eligibility came before it. voted
that he could sit. The present House may per-
haps do the same with those elected this year.
And there is certainly no more improperly in al
lowing persons guilty Of theft, bribery, or moe
kolohe, sitting in the House Of Representatives
than in their holding other Offices in the Govern
ment. and even on the judicial bench, of which
there have been, if there be not now, several no
table instances. If Government permits the vio-
lation of the spirit of the Constitution in the
one instance, can the people be blamed if they
violate its letter in the other?
The houses once organized, the business of
the session ought to be taken hold of vigor-
ously. But to do this. our Ministers should be
prepared beforehand, with full and clear reports
of the transactions of their respective depart
ments, printed in Halraiian and English, ready
to lay before the Legislature whenever the latter
calls for them. Much of the delay of this body
has, in former years, been owing solely to the
tardiness attending the presentation of the Re-
ports. 1t ought also to be considered the duty of
the Ministers to frame such laws as are deemed
advisable to enact, sending them in with their
reports, and setting forth the reasons why they
should be passed. The proposed law being thus
placed before the house with the arguments in
its favor, every representative has the subject
at once laid open before him in a tangible shape,
and is able to study its merits, SO that, when
it comes before the House for discussion, every
one knows what it is, and the debate need not
be prolonged and postponed almost indefinitely
from day to day, as has been customary. This
is the mode in England, France and America.
and if it is considered necessary to a clear and
speedy action there, where the most able states
men in the land sit as legislators, how much
more is it necessary here where the Legislature
is composed of novitiates, often unable to COM
the design of the law.
Much merited censure has, no doubt, been cast
on the lower house for want of harmony and
yet some has been undeserved, for, having
to rely generally on its own members for the
preparation of new laws, it has done all
that could be done under the circumstances.
The work of a Minister is not simply to sign
name to official documents, but to study the
necessities Of the nation. When new laws
ire called for. he should draw them up, let
hem lie in his portfolio, take a tour around
he island or all the islands, if need be, observe
the laws operate, and wherein they are de-
ective, and how they can be improved or amend
d so as to become beneficial to the people as
veil as the government in short make himself
amiliar with their practical operation. The
lraft of the laws thus prepared would in most
asses unquestionably be approved, and in some
orm passed, and the session reduced in length
,erhaps one half, resulting in n benefit of
of dollars TO the public treasury.
Several important measures will probably
ONE before the Legislature this year. Among
hem
The distillation of rum,
The increase of revenue,
The equalization of taxes,