The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-30

Mr.. Kahananui. the delegate from Hama. Maui.
proposed to amend it by adding the clause " And no
Law shall be passed to restrain or abridge the liberty
of the press" 1t was understood that the Minister
Of Finance would explain the object Of this clause
being left out in the 81 Article in the revision. Ad-
journed until tomorrow.
Fifteenth Day.
WEDNESDAY,. July 9th, 1864.
Convention met as usual. after the opening exer-
ciaes and the 81 Article Of the revision being an-
nounced for discussion. with the amendment Of the
Delegate from Hama, His Elk the Minister of Finance
addressed the Mobiles aud Delegates as reported in
another column.
Mr. Koakanu said he did not blame the Minister
for thinking as be did, and asked the ZANE iDdul-
gence for himself. This article abridges the rights of
his honorable constituents of Koloa and Puma, which
he was here to protect. He did not want the door
open for restrictive Legislation. The Law OF libel
furnished a sufficient remedy for abuse. Hawaii
should follow the example of England and other
zrei nations in increasing the liberaiiiy OF its laws.
He could not consent to this article, for it would be
like cutting of a lint of his constituents.
MIR. Kepoikai thought the article granted sufficient
liberty as il was.
DR.. Judd asked why these words (" And no law
shall he passed TO restrain &c. had been left out.
His Majesty's person is always sacred. In one in
stance was it attacked in the newspapers. kameha-
meha III. was abused by a Q. S. Consul, and he was
recalled for the csense. Do the Ministers want pro-
lection from the attacks Of the press? Have they
smarted under its infiction; minister Of Finance
moi No nan had suffered more, as a Minister
of the Crown aud as a private individual. from the
ISLANDERS and castigations Of the press than ], YET God
knows | nerer wished TO restrain OF abridge it? L
was never so thin-skinned a. TO be willing 10 shield
myself under such n law. In France, If anything
appeared in a newspaper offensive TO the officers oil
the government, it was warned, and finally closed up
by soldiers, and heavily fined. DO you, Delegates.
wish TO see the Ruokod thus closed np The Gov
eminent paper formerly published here used to at
tack Ministers of that Government. Yet the Minis
ter of the Interior, VIII sc word would have been
sufficient. never stopped it. because he wished perfect
freedom.
One Of the great attractions of these islands, be.
sides its climate, has BEEN the freedom of its institu-
tons. The Constitution of 1882 has invited foreign
ers here. Do you think that if the press is muzzled,
foreigners will come TO live under snch a Govern
ment! Natives might allow it, but white men will
not be muZzled. Like n volcano, IL would shoulder
and burn within and by-and by burst forth and de-
stroy the Government itself. So [ never have been
and never will be in favor Of any law restricting the
press, except those mentioned 10y the Minister Of Fl.
nance, the law of libel and the restraints OF public
opinion. In England they we're liberal. for they
have Punch. which holds up every one II chooses TO
riiicule, except the Queen, even the Emperor of
France and the President Of the United States.
His Ex. the Minister of Finance replied that the
character of the immigration mainly coming from
the United States, made the growth of republican
ideas not improbable, and when the foreign element
overpowered the natives in numbers talent and Iniu-
ence, the wish to change the form of government
might appear. and the Ministry, as wise pilots, must
look far ahead. DIR. Judd has said that the reason
why this clause was left out Of the article was, as
now - Fear of advocacy of changing the
form of Government" In reply ne would say, that,
lst, The enactment of 4 Constitution which is not
liberal will hasten that day I'd, " hen that day
comes, the passage of a law muzzliDg the press will
not be an adequate remedy.
Mr.. Green said that much as he deprecated mob
law as n means of suppressng the press, he much
preferred II 10 the liberty granted by this article TO
the Legislature, Of making any laws to accomplish
this.
Mr.. Kapaakea was opposed to the amendment.
DIR. Judd admitted that the press had abused him,
was that any benefit? He had mentioned a case of
n King being insulted. Who wants our goud Mon
arch traduced /? Suppose the publisher of the Kuo-
kod should publish n notice calling all the inhabitants
of Koloa to Honolulu. would this be proper?
The amendment was put TO the Delegates and
passed by a vote of Is 10 Z. The Mobiles negatived
il by a vote of Is to 2. His Majesty also voted in
the negative.
The article as it stands in the revision. was then
put TO the Delegates and lost by a vote of l6 to Z. =.
The fourth Article was read. as follows:
AgrCLE4. All men shall have the right, in an orderly and
Peaceabie manner, to assemble, without arms, to consult upon
the common good. and to petition the King or Legislature for
redress of grievances.
DR. Judd moved to insert the words '.give instruc-
tons to their Representatives. and asked why these
words we're left out.
The Attorney General explained that the words
had always been misconstrued, TO give the right of
constituents to bind their Representatives by instruc-
tons. which was a bad doctrine. Representative 8
should be free to obey their consciences and their
oaths, for they did not represent any one section of
the country but the nation at large.
Mr.. knudsen argued that if "a man was elected on
Il CeTtliO OhSlS anu snOOid CnaD2e II HnSu he got TO
the Legis allure. he would be considered as false. The
peoples opinion must be known and respected
DIR. Judd stated that this was the THIRD RIGHT
which this Constitution was about to take from the
people.
Judge Robertson remarked that this nad bee->
dead letter for many years. The doctrine that n he.
preventative is bound by the instructions of his conS
stituenis is opposed by Burke and Daniel Webster. a
The Delegate from Waimea cannot produce a singles
instance in support of bis opinion. that in England
constituents may instruct their Representatives.
NJ Earluon uosl hn lEal rho a v m u fnnl n z tho
Delegate from Hamakua better than those Of the
Attorney General and would like to have him ex-
plain in every instance, but still he was of the same
opinion on the question Of Instructions. Adjourned.
Sixteenth Day.
THURSDAY, July 18th, 1864.
Convention met according to adjournment. The
amendment of n Delegate from Honolulu, TO the 4th
Article, was announced in order.
Mr.. Knudsen made some explanation of the author
ity of Burke on the subject OF instructions from con-
sritaents, quoting Mr.. Fox also, on his side.
Judge Robertson replied TO him at some length,
insisting that Burke and Daniel Webster were on his
side.
The Acknowledgement found fault with the manner
in which the debate was conducted. At the close of
the session yesterday, Mr.. knndsen made SOME COM
parison between himself and Judge Robertson, but
he was sure that be (hnudsen) meant no afront.
MIR Green had, by the remark "kOkua,'' seconded
Mr.. Knudsen, but as clergymen sometimes claimed
immunity on account of their profession, he (Green)
should consider in making such remarks whether he
(Attorney- GENERALLY was In II condition 10 defend
himself. lit Is just rs coSardly for n clergyman to
insult me as for a romdn TO do So" This Declare
ton of Right should be discussed in the same spirit
of concession and fairness with which His Majesty
presented it. Is ii right for any man TO come here
and threaten His Majesty with a revolution from .or-
eigners. and to say that His Majesty ought to make q
g. .-a.- - -.