The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-23
THE PACIFIC
Commercial Advertiser.
SATURDAY, JULY %.
Proceedings Of the Constitutional
Convention.
Eighth Day.

FRIDAY, July lOtn, ioOts
The Convention opened at y o'clock.
Vtce President Robertson stated that the Resolu-
ton Of the member from South Kona was IN order,
and remarked that he was sorry that, IN the free
dom Of speech enjoyed here, such words as " REBEL
"traitor,' &c, ha been used. Ha Majesty, acting
uoon TIE highest legal advice, called this Convention,
and declares that the entire Sovereignty Of his Realm
Is here, and against whom shall treason be commit
tel. If the nation Is here? He had the honor to be
prezenJt Whe1 the suggestion was made by the Chief
Jusricei that n Convention of the King. chiefs and
people. properly called, would be a competent body
10 resiSe the Constitution Touching the dIfhculty
in whissi some Of the Delegates find themselves, they
hsvingEeen sent here merely TO consult I'd Tgeren-
dun, vAIereas His Majesty assumes that this Conven-
tion wsI called TO revise the Constitution, this en-
harassr ant may be overcome. and this lies only
besUee; the Delegates and their constituents. AS q
DeIezaS from Hamakua, j shall make the best Of an
embar assing situation, and proceed 10 my duty. /
vote az nst the Resolution.
To, .,ttorney- General said that. by command Of
His VI sty. he had taken the advice Of the only
remain member Of the Supreme Court, on the
subject : power, and read Judge Davis letter; that
be was e the opinion that the Convention now assem-
bled-ctnsisting Of the King, Chiefs and Delegates
of the reople-possesses all the constituting power in
this kin ,dOm, and has the power to make and pro-
claim p new Constitution.
The motion Of the Delegate from Lahaina. to post
pone thu Resolution indefinitely. was then put 10 the
Convention by Estates and lost, the vote Of the Dele
gates negativing IL
His NIujesty thea caused his vote to be read. Us
follows IL cannot, on the part Of the throne Of this
kingdom, consent 10 fhiS fIesqIutiOn, because tniS
power vas possessed by the throne of this kingdom
before the Constitution Of 1852 vas made"
The Convention then adjourned until Monday. at
II.
Ninth Day.
MONDAY, July 18Th. 1864.
The Convention was opened with the usual prelim-
inaries Hon. C.. X Bishop stated that he wished TO
correct IN impression that might be received, from
remarks made In Convention by n certain member,
20 wit. that the Constitution of 1852 was made by
Lee, Ju5d aud Ii. Sdch was not the case. Under
the PRECISION for making changes in the COnstitu-
ton Of 1910, three Commissioners were appointed by
a ResotItiou, which passed the Legislature June
10Th. 1851. to revise the Constitution. The Resolu-
ton Instructed them to issue public notice of the
change ybich they INNER on or before the next
Decemb+r. and submit the same TO the consideration !
of the I:xt Legislature that it may pass upon the
changes. propcsedA The Commissioners appointed
were jed by the King. Ii by the Mobiles, Lee by
the House Of Representatives They performed their
duty; tIs changes were published Nov. 18th, 1851,
and the election took place in the following January.
In April 1852 the legislature assembled. in which
there W re seventeen Representatives,, the draft was
submitted, and. after n considerable number of
changes, proposed by both Houses. had been made,
the present Constitution of 1852 was passed, as 1t
now stands
His TX r. C. wyllie said that explanation by Mr..
Bishop pas correct.
Mr. Sowsett asked leave to read some remarks
from MS Metcalf, Who was unable 10 speak on ac-
count o. a sore throat. They were as follows
The question Of the Legislative powers of this
Convenson, seems now to hinge upon the opinions of
the Supfeme Court. Let US see if their opinions are
authoritative. Hs Majesty has declared that There
is no DC Ger between US and od,"-taking that for
grnntedS OF what value can the separate or even
the uu4iimous opinion Of the Supreme Court be
to US
In so Re countries the Supreme Courts decide the
constiIGSOnality OF laws. but never decide upon the
legality r ~ilIegaIiIy Of the instrument, BY virtue of
which thry hold their places. That admitted, what Is
the valGf Of their decision or tenure Of their offices?
In that Ease the decisions of the Court IS the Consti-
tuition. .True It is the Kings royal prerogative to
Gppoiatyrs many judges as he pleases, but they.
must aeguuder the Consultation and not in spite of
il IL t,xy DO. then of course the Constitution is n
nuiii:yE The Constitution is or is not an organic
law TIcref c0Rp1cf between King aud people
il the lSfer, it seems TO me absurd TO talk OF extra
COnstuS< iOnGt poreTs- Ii there really are extra
COnstit ,sional powers in this kingdom. then there is
"A powtsS BETWEEN US AND Cop. Ii that extra Con-
stitutioa 1 power is the King or Court, so be It.
then IL sc Is no Constitution, no compact IL this
reasOni. - correct, let Us make one application
II the institution as a whole is a sacred compact,
then eIc1 rticle is n sacred compact also, the last
article %5ch provides the ma ner OF amendment IS
as sacred n compact rs article first. which engages
that all men in this kingdom are born free. If one
article is a~brogated by The mysterious erfTG COnsti-
tutional powers, then all are. Plainly, the right Of
representatives is aunulled: the people had NJ right
20 instruct, even if they hal to elect, and these Del
ega;es stagd here without a particle Of authority,
-savsvhat His Majesty - pleased TO confer upon them.
That is the inevitable deduction from the PLATI-
TCDE OR PosTULATE OF the Ministry.
Let US take the mixed ground that we have con-
stituting powers and that the people bad n right TO
instruct their Delegates, as the Ministry coRcede
now. Ii my constituents instruct me not to revise the
Constitution, who is to say nay ? And the King
comedies their right TO instruct. Nothing but illogi-
Cal conclusions can possibly be deduced from this
kind Of reasoning As We have placed ourselves in
contempt TO reason, enc may have good grounds to
doubt his legislative powers in this Convention, and
particu Irly If he was not elected with that under
standing. I she'll therefore enter my solemn protest
against further proceedings By voting for the pend
ing resolution
vilE farther add, that I scorn 20 refute the sub
terfuge. that have been put in play TO make one be-
leve he does not know the sentiments of his constitu-
ents, OF the purpose tor which they sent him here.
To discard the evidence of the senses. is TO displsce
the Foundation stone of all truths. If any of my
colleagues take n different view, that is their con-
Germ, | shall never question their csndor, and | dare
say theE are gentlemen enough not to question mine.
II | understood correctly the remarks of Judge
Roberts, n the other day. 1 am happy TO say they
agree mainly with these sentiments, though perhaps
not IN the manner of expressing them Ii IS asserted
that THIS ; n very important Convention. II the
expense OF our election, the coming up here and the
time ana expense already and likely TO be incurred,
the uHSsttling of business and enmity eRgendered,
are to he repaid only by the proposed amendments
now mate known. one is inclined TO think il a very
paitry whistle for So great u cost. Besides. it is q
very dsIbtful precedent we are establishing for
other g.sat nations. Suppose the Prince of Wales
on comi:Ig to the throne, should advance like %scruples
o. conscience before taking the oath TO the British Con-
stituIioi, : I fancy II would be worth a voyage TO EGG
land TO see the face John Bull would put on. People
view tbIags diierently-some consider this Conven-
ton an important affair, but it seems 10 me only q
theatrieal show, gotten up by gents of more smbi-
ton thSn talent to make themselves conspicuous
they base succeeded.
NJ -