The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-23

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brought before the Convention. | shall speak and
vote fairly and freely, according to the best of my
knowledge, and not in blind opposition, still ever
protesting against the authority OF the Convention.
The Resolution of the member from South Kona
was read by the Clerk.
The Minister Of Finance said that the personalities
in the speech Of MIR. Me;caIf added nothing TO the
strength Of the argument. The Delegate attaches but
little regard TO the opinion Of the Supreme Court.
In his mind the opinion Of the Supreme Court was
Of more weight than the opinion of the Delegate.
Mr.. c. II. Judd said he had been silent thus far
because ne had not decided in his mind as TO the
powers Of this Convention. If the Supreme Court
had decided that this Convention has the power to
revise the Constitution, he did not wish TO pursue
any course that would deprive his constituents of
their rights. He understood that Judge R0bertson's
opinion was rendered the other day, simply as a Del
egate and not as a Judge, and be now asked if the
judges Of the Supreme Court had decided this Con-
vention to be legal! The Attorney General replied
that he had never stated that the three Judges. sit
ting as a Court, had so decided; their opinions were
rendered separately.
MIR. Judd then asked if the decisions of Judges
Allen. Robertson and Davis were their opinions sim
ply as individuals?
The Attorney General answered that this was not
exactly so, because Judge Allen was sitting in Cabi-
Det Council and bore the double function Of Chief
Justice Of the Kingdom and Counsellor Of His
Majesty.
Mr.. Judd. "I would like to understand definite.
ly-so that We can hand il down TO posterity-
whether the Supreme Judges have decided, under
the Constitution, that this Convention has the power
sought TO be exercised, SO that we can shift the re-
spOnsibiiity of this question On them"
The Attorney General made answer that Judge
Davis had given his opinion under the SSth Article
Of the Constitution. Judge Robertson would speak
for himself
Judge Robertson said, that the Supreme Court
could not have given any opinion on this question. as
no case involving it had ever come before il. But,
in accordsnce with one of the provisions of the Con
stitutiOn, His Majesty had sought and obtained the
opinion of mis- associate Judge Davis, which had been
read In the Convention He Was NOT awara fhat
Judge Allen had been askel to submit his opinion in
writing, but he had given ii rs Chief Justice and as
n member Of the Cabinet Council of His Majesty. 1t
was Judge Allen who suggested that a Convention
would be n proper mode of revising the Constitution.
lie. Robertson, was present when the matter was first
submitted to the Ministry, and the records of March
Cd, when the subject was again before the Cabinet
Council, have been read. lie had stated on Friday.
thar, although he had had doubts, he wns prepared
TO say that he coDcurred in the opinion that the three
Estates. assembled here, if they are properly repre-
sented, have the power to revise the Constitution, or
ordain a new one. As far as he was personally con-
cerned, he should consider himself in the eye of the
law, clearly absolved from any express obligation
that he had ever taken, to support the Constitution
OF 1852, so soon as a new Constitution shall have
been male and ordained by the three Estates acting
together.
Hon. c. r. Bishop asked of the Attorney General
il in his opinion this Convention has the power TO
make or change the Constitution.
The Attorney General said he had not the slightest
doubt of it. any more than Of his existence! To
deny this, would be 10 deny the right OF the people
to have any influence in the affairs of this govern
ment. He had not answered this question when
asked by the Delegates at an early day. because to
do this in writing, would have been one or two days
work. He preferred TO present himself before the
Convention, ready 20 be questioned, and was ready
to answer all enquiries IN person. 1t was as early as
January last, that Judge Allen said. when sitting az
one Of the Cabinet Council eff Your Majesty
chooses to call a Convention, and if the people choose
TO respond, there i no question but that it will be n
proper mode of changing the Constitution-provided
they do it," Judge Allen supported this proposition
before the King in a speech of half an hour. Judge
Allen had occupied two days in considering this mat
ter. Judge Allen had seen neither Proclamation,
nor had he passed any opinion as to the necessity Of
submitting the proposed amendments 10 the people,
nor whether the action of the Convention would be
final or not.
Mr. Gulick presented three questions:
l. II n Convention containing Delegates, some
stitution and o'hers with instructions that they have
power only TO iii cuss, is decided TO have power to
make a new Constitution. what is to prevent a new
Constitution from being made every six months?
=. Is Mr.. kamalo entitled to vote on this Resolu-
ton?
3. May the members be permitted to have their
vote recorded
The Attorney-General said that the character of
the work of this Convention would answer the Dele
gates first question. Only faults call for change.
When has Il Monarch acted more literally than
Kamehameha v? lie has put his prerogatives in
debate. 1t is the Objec, Of this Convention to shut
out Article "a. so that every Monarch shall take the
oath on taking the throne
Vice President Robertson said as TO the second
question. that he should count Tie vote of Kamalo,
until otherwise instructed by the Convention The
third question, the Convention could decide for itself.
This Convention is 10 determine how changes in it
are 70 be made, and an opportunity Is now offered TO
form a tripartite contract, which cannot be touched
without the consent Of all the members. Ii was then
resolved that the votes be recorded. The Resolution
of the member from South kona was then put and
there voted in its favor
Messrs. Green, Gulick, D. II. Hitchcock, Knudsen,
Parker. Metcalf
Against it Hanemo. E. g. Hitchcock, Heleluhe,
Kuaea. Kahaleaahu, kauwahi, kaualo, kahananui,
KIP, KepOIkai. Koakanu, Martin. Meyers, Nahaku,
Robertson. Pinehasa Wood, Ukeke, Wana. G P.
the Supreme Court have a right TO decide. and if
they have decided, that this Convention has the
power to revise the Constitution, they voted against
the Resolution. His Majesty and the Mobiles voted
against it. 1t was declared as lost.
Tue report of the Committee on Rules was then
ately and adopted. IL was then resolved that they
be printed. Adjourned until to morrow, at y.
Tenth Day.
TUESDAY, July 10Th, 1864.
The Convention met at II VI. The Attorney
General announced thas His Majesty was unable TO
be present, on account of 81 eht indisposition, but
that be hoped that business would be conducted as
if he were present. His TX. Il. G. Wyllie regretted
that the Joint Committee on privilege had no report;
he had been unable to get all the Committee together.
After considerable discussion, ii was fully under
stood that this Committee would report at the next
meeting.
His Ex. r. C. Wyllie then arose and said that he
held in his hand a draft of the Bill Of Rights.
which the good King Kamehameba V, had granted
it first be read continuously, and then article by
article.