The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-08-06

DR.. Judd moved To- insert as Article 18th. the
following "Aii elections Of the people. under the
law. shall be 10y ballot" II passed the Delegates by
a vote OF IL 10 >. but the Mobiles ncgativcd il unsn.
imously.
The Convention then adjourned until Tuesday. at
III \ VI. Monday being "A public holiday.
Nin~r--ash Day.
TursDlY. August "a. 1864.
Convention met AZ II \. VI. His Majesty being
absent. The minutes Of Saturday were read aud ap.
proved.
After waiting Tor a majority OF the members to
assemble. MIR. Nahnku moved to prefix the following
amendment to Article 18th. LIN all elections pro-
Vidcd fer by law, the voting shall bc by ballot
which with thc article passed the Two Estates aud
awaits HIS Majcsty's pleasure.
Articles 18th. 10Th and 2lst then passed the Dele
gates and Mobiles.
Article 22I was read and Mr.. knuwahi moved to
postpone its consideration until 60. morrow when His
Majesty should be present. hs this article referred
especially to him. aud settled the succession to the
Throne.
'somc native Ali of the Kingdom after the words
'as Successor to the Throne"
The Attorney General said His Majesty had con-
sidcTcd this article long and we'll aud was ready TO
have the Delcgat and Mobiles proceed with it's dis
cussion and passage, aud after n long debate on the
%proPric,y OF postponemcnt. ia which many members
OF the Convention took part. the motion 10 do this
Jailed, aud the article passed with the amendment.
Article I'D was read and De. Judd offered an
amendment, to erase the words Every marriage 20
contracted shall be void. and every person so attempt
iS W III uIliIltSf, hl1 eau tllS, ana the
person 80 contracting marriage may 10y PROCLAIM
tion," &c. He did not wish the King Ia have the
power, 10y Il mere word. To annul the sacred contract
or matTimOny.
The Attorney General remarked that the marriages
Of the King and the Royal Family concerned the
entire nation, and the object of this article was to
give the nation some control over these marriages.
PRIVATE persons may dispose OF their persons and
their property as they please, but Kings must con
suit the welfare Of the nation in their alliances.
IA England the Royal Family cannot marry subjects
or Roman Catholics.
Hon. &. x. Bishop favored the amendment If
those who are to succeed TO the Throne marry with
out the conscnt OF the relgning Sovereign, let them
understand that they thereby render themselves lia-
BILE TO lose this right, but let the marriage be pre-
served sacred.
MIR. kuaea opposed the article rs it stood. MS i, im-
posed II double punishment upon those who shall
thus marry.
Mr. Green said that the King should not have the
power TO anuul the laws of God and of man which
solemnize the contract of marriage.
The Article, with the amendment, then passed the
Delegates and Mobiles.
Article oath. with the words before being pro-
claimed after the words - and His Successor SHALL"
was then read.
Mr.. ID. II. Hitchccck asked IL the wording was rs
close rs conld be made. and if there was no chance
for some key hole being found in this Article rs well
az in article "a of the Constitution of 1902.
The Attorney General asked how could this be
wOrded stronger
Nh. &. III. Judd said suppose the Proclamation be
not made, then could not a Convention like this
be called to make n new Constitution before the King
should take oath.
Au.-General replied that the King is not consid-
cred rs dead until so announced by Proclamation.
II any one can devise language stronger We should
like TO have il.
MIR Green. "No one shall sit upon the Throne
until he has taken the following oath,'' would be
stronger.
Mr.. Koakanu thought that the King should be re-
quired merely to approve of. not swear to support the
Constitution. The article was then put and pa ssed
the Two Estates.
Articles 25th. 10Th. 9th, 18th, 29th and Both
were then read and passed the Two Estates.
Article 3lst was read aud DIR. Judd remarked upon
it.. that the Office of kuhina Nui existed from ancient
time. that there had been three Kaahumanu's hold
ing the position. When KGmehaneha III. created
other Ministers with special Departments, he took
from the Kuhina Nui certain powers and response
bilities, leaving bin only the name and n power of
veto. The present King wishes to abolish this Office
altogether. and L approve of it, provided the remain
ing share Of responsibility is transferred to the Min
istry.
The Convention then adjourned until tomorrow.
Twcuri-rh Day.
WEDNESDAY, August Sd. 1864.
The Convention met at IL a. NJ, His Majesty
being absent. Prayer by the Chaplain. Minutes
approved.
Mr. Green moved to suspend the rules. so that
leave be granted him to read Il petition, he stating
that this was in reference to n grievance which this
body and this body alone can redress. The Vice
President said that this Convention had no power to
entertain petitions and redress grievances, and there
HiS no ONISiO U tueh II ne Iuits
Mr.. Green stated that it was a petition from n.
KOna, in regard to the election of their Delegate.
The Vice President said that this explanation al
tered the case, and the motion 10 suspend the rules,
was put and resulted in n tie, the rules requiring a
two-third vote for this purpose.
DR.. Judd proposed this amendment to Article 81.
In the third line to add the words = for his acts
after the word respOnsihle,' and in the seventh
line 10 substitute the words a. by the Cabinet" in
place of the words - in the mode prescribed by law"
The Minister o. Finance stated that the Ministry
believed in their individual responsibility in the de
tails Of each department, aud collective responsibility
as regards the policy of the government. The Minis
try are not responsible for this Convention, they did
not call it, nor have they been asked to pass an opin-
ion in it. His Majesty had stated in Convention that
his Minister'S were not responsible for his not taking
the oath, and it WAS here only that he has stated
that he would not take the oath, and that the door to
Legislative action was thereby closed. The Ministry
were anxious to proceed with the work and to forever
close in this country. the era of extra-constitutional
proceedings.
DIR. Judd said that if the Ministry were willing to
have the responsibility previously held by the Ku-
nina Nui put upon them, they should proceed to pass
the amendment. He could prove TO satisfaction, he
the King, no right to assume the position that the
taking of the oath was thus optional.
Mr.. Green approved Of the amendment, as its
object was TO transfer more responsibility to the
Cabinet. In England, if any disagreement occurred
between the Crown and the Ministry, they resigned,
Of Commons. Here either the Ministry must approve
of the measure, shoulder the whole responsibility
and retain their offices, or, if they disapprove of the
measure. they must resign.
The Minister Of Finance said that the House of
Commons had defeated the Ministry of England II
do so when n vote of want OF confidence is passed.
Remarkably the Ministers of this kinpdom have q