The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-05-28

II he, or any one interested, will take all my letters together
and mark IN his copy Of the Constitution. the suggestions made,
allowing those parts tina: are unspoken Of to stand as they now
uo' he VIII obtain a correct idea Of the changes which are
thought deserving Of the consideration of the people; thirdly, 1
nave never heard OF even a thought expressed to make the
Chief Justice removable at the pleasure of the King" The
Cher Justice : a member of the Supreme Court and can be af-
iec'en oy no other law than that which affects each member of
the Court. Nor is it more credible that the Chief Justice
himself, sitting IN the Cabinet, or the Acknowledgement, would
advise or accede to the thought Of others. in advising that the
tenure Of Justices Of the Supreme Court, or indeed of any other
Court, sheuld be made to depend on the mere will of the King,
than that they should advise the attaching the Church to the
State. 1t is thought that an article might be substituted for the
SIND TO read az follows:
The Supreme Court shall consist Of a Chief Justice, and not
tsoH -hA The Jnsfcss of I "a any ol whom Smn may hold hGd the n
cs during good behavior, subject to removal upon impeach-
ment and shall at stated times receive for their services a
compensation, which shall not be diminished during their con-
tinuance in office. Provided, however, that any Judge of the
resolution Of twO-thirds of the Legislature, for good cause shown
to the satisfaction of the King. The Judge against whom the
Legislature may be about to proceed, shall receive notice thereof,
accompanied by a copy of the causes alleged for has removal at
its Branches.
This article was drawn with the aid and counsel of the Chief
Justice, and the alterations are based upon these substantial
reasons-that it may well happen in future years that the coun-
try may advance IN prosperity, so that a Judge of the Supreme
Court may reside on each of the islands and then it would be
well that the Legislature should have all necessary authority in
the matter. There are other reasons than either - mental or
physical inabiity"-which ought to induce the removal of a
Judge-reasons the strength of which we have not had occasion
to feel, in our short experience, as for instance, where a Judge
is found to be a notorious evillIver, the companion of profit
gates. The Legislature should have the authority to remove
any such person. OF course, some people may say, that such a
misfortune never has befallen the countr Y, and therefore argue
that it neUeT uiH; but gentlemen it has befalen other cOmmu-
mites, and it does not seem so absolutely impossible that it mag
beall this. At least, you see that there is no thought of trench
ing upon the independence of the Judiciary, whose integrity
and just independence are regarded as a great safeguard no
only of peace at home, but even of independence.
Nor do | remember to have heard any expression which would
seem to imply that His Majesty's advisers had any opinion
upon the subject, as to whether one Chamber or two would be
preferable for the Legislative Council. The result then of my
last remarks is, that such runners are made out "of whole cloth"
have not the shadow OF a foundation, and no one can prevent
their manufacture. The sin lies with the originators and chcu-
lators, and they must bear the blame.
Yours very truly, Z. c. II.