The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-08-13

would be glum enough. The pay should be SsOO a
session.
DIR. Judd moved that Article 10th Of the C%onstitu-
ton of 1852 be substituted.
The Attorney General read an extract from a
speech of Kamehameha w., dated April ID, 1859.
The compensation Of each member ought TO be def
nitely fixed for the entire period Of the service, so as
TO avoid ali inducements to protracted sessions beyond
the requirements of the public good"
Mr.. Green said that there seemed to be two evils
to be consi1ered-one arising from the protracting
OF the sessions in order to increase the amount of
daily wages received, and the other, the sighting Of
their work in order to hurry through and receive
their liked compensatiOn,-whic was the greater
eyil2
Judge Robertson said the plan should be adopted
that was mos; fair and economical. Ii Sl2.0O is
spent for the Legislature when 5000 would have
been sufficient, the difference, which might be spent
for the public good, is thus wasted.
The Minister Of Finance said, that he thought that
those who worked should receive pay, and that $3.50
a session and travelling expenses was sufficient pay
for Representatives.
Mr.. Green stated. that the reason the session of
1860 was 50 protracted. was, that the Mobiles did not
complete their work and were not ready to adjourn
when the Representatives were.
MIR. Wanna liked the plan of a daily sum-, but this
was not meant 10 be compensation, ii is only to assist
IN the support OF Representatives. His constituents
never objected to the amounts the Lower House re-
celved, II was only when they saw such sums rs
$4,000 placed in the Appropriation Bill for the sup
port OF the Military, that they objected.
MIR. kauwahi advocated the amendment fixing the
pay at $3.50 per session.
Mr. Ukeke made another speech with his charac-
teristic energy, supporting his previous views.
MIR hoakanu said, that his constituents did not
insist on Representatives being paid, provided their
taxes were reduced.
DIR. Judd's amendment then failed in the Delegates
by q vote of 9 10 IL. Judge Robertson's amendment
was then carried by a vote of II 10 9, and in the
Mobiles by a vote of Q to l. Articles 81, So, and so,
then passed the two Estates. Also Article 60. with
the addition of the words = by the legislature after
the words " the Representatives of the people, Sc,
shall be apportiOned."
Article 81 was read. as follows
ARTICLE 81. No person shall be eligible for q Representative
Of the People, who is insane o r an idiot; nor unless he be a male
of twenty five yeaTs~who shall know how to read and writeS
who SHAH understand accounts-and shall have resided in the
election; and who shall own Real Estate, within the Kingdom,
--- Dollars: or who shall have an annual income Of at
lawful employment.
And the Attorney General in reply to enquiries,
stated shat the clause, " and who shall have resided
in the Kingdom for at least three years preceding his
election meant illegal residence or 'domicil."
and not actually bodily presence, as was the case Of
Lyman at Yale College, his residence was at Hilo.
The reason the clause disabling persons convicted of
Infamous crime from being Representatives, had been
omitted, was, to allow those persons who, being inno-
cent, are sometimes, through perjury or prejudice,
convicted of crime, to sit in the Legislature, also those
who have committed crime in extreme youth, should
not be disabled for all their lives on this account. He
then cited a case which occurred in 1917, one which
occurred within his own remembrance, and one in
these islands, of great hardship. The pardoning
power granted to the King, in the Constitution of
1852, is much more limited than in any other Chris
tian country.
DR.. Judd. Pardons by the King have power only
to commute the sentence, they cannot restore "A man
TO innocence; after n convict has worked out his SEN
tence, the pardon only white washes them, and
proposed an amendment-' or who shall at any time
have been convicted of any infamous cri me, unless it
shall afterwards have been clearly shown that he was
not guilty, and he shall have received n full PARDON
MIR. hnudSen said, that We ought to be ashamed to
have this Constitution 90 abroad and have il appear
that We allow thieves. ueTIurerS. &c. to be members
of our Legislature.
Mr. Green said that the King should not have the 4
power to take away from a convict the name of thief.
Messrs. Bishop and Ii were in favor of the amend
ment.
Minister of Finance said. if he thought that this
Article would oblige a man TO sit side by side with q
thief, he would oppose it.
The Attorney-G General said that it was not likely
that such men as composed the Privy Council would
vote to pardon a great rogue. The Government don't
want thieves as Representatives and have never
advocated their election.
Mr.. Green. The Government put up a Candidate
in my District. worked for and elected him, and he
was a thief.
The Attorney General. The Government has not
put up a candidate since the death of the late King
up to date
Mr.. C. II Judd said. that the place for this pro-
vision was in this Article among the other disabilities.
He thought that this disability was a part of the
penalty.
The Attorney General said that pardon is the re- |
moving ot all the disabilities incurred by crime.
Hon. G. NJ. Robertson said that Article I'D spoke
of the effect OF pardons in ordinary cases, this Arti.
Gle. in "A special case, in a case of a man convicted of
crime being a candidate for the Legislature. Laws
are enacted for the greatest good of the greatest num-
Der, and an isolated case of hardship as of conviction
without guilt, could not be contemplated in making
law; besides the amendment provides for such cases
very properly.
The amendment passed, all the Delegates but Kau-
wahi aud Nahaku, voting in its favor and all the
MOBILES. but Hons. Kalakaua aud Nahaolelua. Ad-
journed.
Tysenty-Third Day.
SATURDAY. August 6, 1864.
The Convention met at IL A. NJ, and was opened
rs usual.
Hon. c. r. Bishop moved to insert the words :. the
last one Of which shall be Immediately preceding the
election - after the words and shall have resided
in the Kingdom at least tn rec years"
Or. Judd moved TO strike out all that part after
8 three years |
After some discussion Mr.. Bishops amendment
passed. |
In reply to enquiries, the Attorney General stated
thar the Government had thought TO insert $500 or
$1,000 as the value of Real Estate and $3.50 the an-
nual income 10 qualify q man tc be n Representative.
Mr.. Kamalo moved to put the amounts at $3.50,
and $50.
His Elk. r. c.. Wyllie said, that the change from
the low condition in which the people were under the
Chiefs 10 the enjoyment of the right of universal suf-
frlge was very sudden. The dignity of the people
would be increased by having Representatives men
of property. Since travelling in the United States he
was in IA vOr Of a property qualification for electors
and elected. Those who are vagabonds, idlers,
gamblers, should not represent the people.
Mr.. Wana said. that wealth was no test. When
the people seek a man to represent them they ask if
he is wise. Wisdom is better than riches"
DIR. Judd. Article 81 does not restrict the King
in his choice OF Mobiles. He did not suppose that the
two Mobiles that had lately been appointed were taken
81 much for their wealth as their TDtPiiuRnpa