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

sborld secure - him the full, unquestioned. and
peaceful exercise of those rights, such part OF which
he reserves TO himself. Excuse my saying So out u
is on insurance company. We all BRING IN COM
mon a certain amount Of our rights, We agree 10
lini, them but to all stand by them, TO protect them,
it ceases to be one indi .idual's property, II 10 the
property, the right of all. A declaration OF rights
is the residuum, or what is left TO all after their CIV
ing up a part of their rights, it is the declaration of
what all men agree to stand by, 10 protect and 10
defend. nothing more, nothing less, ana this IS
enough.
This being granted, and 1 know it cannot be dis
Duted, l beg to call your attention TO this fact:
There are three primary points in a Declaration Of
Rights LIST, Of personal security; ID. OF personal
liberty; Cd. of private property. Is there one of
these liberties unlimited? No. And still 1t is pro-
posed to state that the liberty Of speech and press
shall be Unlimited Why? There must be strong
reasons for such an exceptional treatment. What
are they, what do they re I upon: l do not believe,
for my part. in the rights which have no correspond
ing duties, there is no such thing ia this world,
wherever there is a right there is a duty, wherever
a dutv there is a right. And still it Is proposed TO
declare here that there will be a right, Unlimited, that
is to say. without corresponding duty. L do not be-
lieve in il, and without going any further, should
say, hold on. stop and consider. there IS danger
ahead. The liberty of speech is limited. it is limited
before the Courts of law, Section 1916, of contempt
1t is virtually limited by might when not so by right.
So much for the liberty of speech.
Now for the liberty of the press. The press acts
in several ways. l shall only consider II socially
and politically. lst,-Its influence in social rela-
tons If any ole by speech attacks the honor OF his
neighbor, he is known and brought TO account. and
still how few hear him. If the attack is made by
the press. it circulates anonymously; the man is stab
bed in the dark. The law of libel, Chapter SO of
the Penal Code, limits that liberty in some respects,
socially but not politically.
And now, gentlemen, L request you once more TO
divest your mind of all personal questions. L assert
ii solenuly before you, that this is not a personal
question. l hope none of you will do me the unjus-
tice, to believe that 1t is contemplated by Any OF us,
now sitting in our Sovereign's Council. 10 seek be-
hind a law, a protection of which we do not fee. the
want. Should il ever be proposed 10 pass q law so
worded rs TO secure to the Ministers political immu-
mites against political attacks, why, L should oppose
is as earnestly as any of you, but this is not the case.
to all social considerations, is the law Of sefdefeuce. 1t is the
first law Of all men, Of all societies, of all natiaas. The princi-
pie upon which a nation politically rests is different in some
principle does. Whatever it b, 1t has the right of self-iefence.
Il il said that in the United States the liberty of press is un-
limited. It is not SO in iacti l; the theory be what it may. a
newspaper advocates the views against which the whole nation
is in arms, the people themselves take the case in hand nigh,
prevails, and the newspaper is DESTROYED Was This wrong
No. The people were asserting the right of sef defence and
When the mob so took the law into their own hands they
could not act with calmness and deliheration, aud at such a
found that years ago the door had been left open for wise iegis-'
sacred right: vet very likely the man would he laughed at who
foresaw such an emergency. and strove to provide for il. Such
a contingency might never arise here, but stil it might, and
was it not well to take it in consideration. They must remem-
Der they were not leGisating for America, for France or tor Eng
land, but for the Hawaiian Islands, which was IN "A peculiar po-
siion with regard to a large portion of the foreign population
CoulN IRON All COuu(Tlcs- anu COHlEOsSu d uidtF ituchls,
Tons Tons had batt little af6nitv : q a monarcsbicaI Torn + goye1nmen,
Had not tho idea been already started that the country had
better give up its independence, its name, its language, and be-
ed for the purpose Of attacking the form OF Cover ment which
prevails in this country, would the King have ANY right TO pro-
attack, submit to ii, and not seek in legislation The legal protec-
law OF treason meet the casel No The law OF treason referred
only to personal attacks, levyIng war against the King, hut
try. Who would advocate that this should he left to the mob
to decide! Was it not better to open the door for wise lesisla-
lDn q FOL TYRANNY and pDrcsSlDn In Il nGiE { a 5 tnlS
which advocates leaving to the Legislature alone, the right to
deal with our liberties, would they deprive the LIE. isiatare of
the power to pass a law which might become most necessary at
independence of this Kingdom under the kametame1as should
be the watchword of every m.mber of the Convention, and of
Delegates should hesitate TO empower the Legislature to control
the abuse, no: the use, of this liberty
During the discussion which followed, Mr..
Varigny made some further remarks, which, as
are DESTROYS of giving the Government u full
hearing, we insert here
Ills i Ex. c; de yaTig9y, in reply I, to o. the rs question Of DR.; Judd,
ken at length, bu: would again explain in a few words. Was it
wise to leave TO the future. provision for such an emergency ?
was, because the time might come when the increase of for
population might inspire to some a wish to overturn the
institutions of this country; aud that, if such an eHer-
zency should arise, he did not see why The government could
not seek in legislation that right of self-defence 10 which it was
Justly entitled, and which it extended over every one living in
1t was argued that when the emergency should arise. then it
would he time to provide for legislation. How? By amend
nents to the constitution. But that would I've the work Of at
east two wears. and a great deal may be done in two wears.
Resides, was not it clear that if a party was ever strong enough
. place in imminent danger the political form of the govern
nent, the SauIe party would be strong enough either o defeat or
al f fdn eSs 2sf 81 20 idas sq fi4t ha nme n q dnSa It n s MIst IN 4 S snd eSl5tir
o think of danger because it was not staring i'm in the face?
Us to the person Il remark Of the lion. Delegate of Honolulu, he
you'd state that he had not seen tie law alluded to at work in
france, having left 1t thirteen years ago.
In his opinion. whatever the constitution might say. the lib
rty Of press and speech eqs limited, both by law and might,
everywhere. Better acknowledge the fac. than deny it. lfthe
aw Of libel was constitutional, how about the declaration that no
aw should ever he passed to abrdge or restrain the liberty of
he lr~ss' Did not it restrain it, Would nOta law preventing
publications restrain it!
This probably embodies all that can be said in
advocacy of a change in the Constitution, so as
o allow of IA restraint, control or suppression Of
he press. for it must be borne in mind thai if
he article is changed, the power is g12n to
SUPPRESS quite as much to curtajl liberty
# the press, provided a Legislature ar2tbe found
willing to do so. d"hH
The arguments of the Minister apply, as will
,e seen, not to the present necessities of the
country, but to some unforeseen emergency
which may sfise in future, perhaps fifty years
hence. Consequently, If no necessity erists. no
hange should be made.
The Minister takes a wrong position. when he
avs that the laws of libel and SANDER, now on
ur statutes, are unconstitutional. Those laws
egulQte the right of speech and Of the press,
hey do not restrain it. To take a,Uay is one
hing, to regulate or define is quite another
hing, and perfectly constitutional His argu-
tent, for making the change in the Constitu-
then falls to the ground.
In most countries, the right to determine how
istly reposed to the good sense OF the people
nd TO the courts. These have been found in
very liberal country more powerful than any