The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-16
THE PACIFIC
Commercial Advertiser.
SATURDAY, JULY l6.

LII IOliC VI c1bc lllcIGcl uuIlDS II =
has been the proceedings of the Convention called
by the King for consulting upon the revision Of
the Constitution. We understand the majority
of the Delegates to contend that they have nc
Legislative power, but are only authorized to con-
suit upon such changes as are desirable and re-
commend them to the legislature for such action
as is specified in the Constitution. That al
though the King, the Mobiles and the people GER
tainly embody all the power of the Kingdom,
yet they are restricted in its exercise to the man
ner pointed out in the Constitution. That the
exercise Of this power in any other way would
be dangerous az q precedent and revolutionary
in its tendency. On the other hand, the King
with q majority of the MOBILES and a minority of
the Delegates hold that this Convention, called
expressly for the purpose by the Royal Procla-
nation, the Delegates being chosen with express
reference to the consideration of the constitu-
tiOnal question, embodies the whole power of
action as well as discussion, that it Is, in its
present position, The constituting po,Cer of the
Realm with no human power above it, and con-
sequently competent to constitute and ordain
without reference to any other body whatever,
and we, on Thursday, understood the Attorney
General to announce this as the official opinion
of Chief Justice Allen, the constitutional inter-
prefer OF that instrument. That the King, by
the Gath Article, was not expected to make oath
TO the Constitution unless it met his approval,
and hence that its revision to meet his approba-
ton is authorized in the present form. We have
not heard the process Of reasoning by which the
Honorable Chief Justice has reached this con-
clusion, but as he is the constitutional expounder
of the law, his decision, we suppose, must be ac-
cepted as the law by all loyal subjects of the
King. Nevertheless, we sympathize with the
views of the majority Of the Delegates as ace I'M
derstand the subject. We make no pretensions
to discuss the subject legally, for we are not a
lawyer, but it presents itself to our mind some.
thing in this way.
/Kamehameha III. was the absolute Sovereign
of this Kingdom. Had he a right to grant his
people n Constitution? This is conceded. Had
he a right to bind his successors? We do not
know that this is denied. The question now is.
did he bind them? We understand the decision
of the Chief Justice to be in the negative. We
should reason differently. We should under
stand the approval of the King to apply to the
grantor of the Constitution. and to be for him
self and his successors, though it will admit of
a different construction, just as the charter
of the Queens Hospital makes His Majesty the
King the perpetual President of the Board of
Trustees of that institution. At the time of its
Kamehameha ". Elled the Throne.
He is dead, but his successors are expected to fill
the Office by virtue of the charter. though liter
ally construed it applied only to the then reign
ing King; but beside it is laid down by Kent, an
authority acknowledged through the civilized
world, that the intention of the maker of an in
,trument is to be followed in its Interpretation
rvIan tbot oap ba unconstitutional Nh %Luso -.
many living who aided in putting the present
in form, and influenced also the
.yrantor. His Honor, Acting Chief Justice
robertson, now Vice-President of the Conven-
ion, was, we believe, the Chairman of the
louise of Representatives. at the time of its adop-
we never heard a question of the in
ent of the grantor, until recently, to confer the
as a permanent benefit on his peo-
lie. Again, Chancellor Kent says that the ,
cope of the instrument itself is to be considered
n determining the intentions of the maker. .
Vow the Constitution in all its provisions con- }
lends itself to the intelligent reader as designeI 1
D be the Fundamental organic law of the state Q
{ permanent durability, making provisions for
own amendment, for the succession to the 2
hrone, for the Mobiles, the Cabinet and Privy c
ouncil, the Legislature and other things usually =
'uHu III OTRdltlc OIdle LdHS WHICH look 10 AURA Z
ility, without dependence on the life of any e.
an. If it was designed to be only a life gift, 8
would seem to have been unnecessary to pro- "
for anything further than the immediate b
IccessOr of the grantor, rs he would be compe- p
mt to resume the privileges granted to the peo- II
e by his predecessors leaving them without a :,
institution, or he might at option introduce o.
rendering many Of its provisions y,
i'd. Besides, We should infer from its analogy 4,
it'll other State papers of similar import, in tn
her lands, organizing Il whole system of gov fu
nment, making provision for the administra- II
On of all of Its departments, with n perpetuity tn
succession to the Throne, and embodying the til
amer for its own amendment in the future, th
carefully planned that no amendment could 1t
Ike place without a long public notice OF the NJ
ing to be done, so that it might be discussed L,
i'd examined in all its bearings, and secure the ~
liberation so necessary for any change in the ~
rganic Law of n State, that it was designed for eL
permanency. Important State papers, designed tn
be of only temporary force, when not limited -
their nature, are usually limited by express to
ndition in the instrument itself. As the inten- uE
IN Of Kamehameha ILL.,, so far as is generally pl
Town, was to give a permanent Constitution to ph
: people, as the general scope of the document oW
ems to us to bear evidence that it was not de- re
med to be of temporary force, as it makes I'd
DIVISION for such changes as its practical opera
IN might require, and as its analogy with SINH -
state papers seems also to give it the stamp of n
so we certainly should infer with
e majority of the Delegates that the Conven-
n have nothing more than a revising power, -