The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-23
PROTEST
OF the Delegates from South Konn md ko-
hain. Hawaii. on rcsjSning their
Seats la the Convention,
Friday, July 22.

May 1T PLEASE Your MAJESTY AS this Conven-
ton has now decided to proceed to the revision of the
Constitution, or rather to the adoption Of . new Con-
stitution, we feel compelled by our duty TO our con-
stituents, aud to our Sovereign. TO enter our protest.
In this solemn crisis, when the rights not only of our
immediate constituents, but also of future genera
tons are ut stake, we cannot shift our responsibility
to others, or put our conscience in the keeping even
of n Supreme Court.
The opinions of the Judges Of the Supreme Court,
to which so much importance has been attached,
we're informal, vague, and unsatisfactory, and can
not be regarded as judicial decisions in the proper
sense of the term. But even if the Supreme Court
had delivered its opinion in writing. and had sup
ported its conclusions with the utmost weight of
learning. and force of argument on such a question.
it could have no binding authority for US. Their
legal opinion in such a case. is simply their opinion
as individuals and not rs constitutional officers, for
the question is one beyond their jurisdiction. and out
side of the pale of the Constitution and Laws.
Their duty as judges Is to interpret the Constitution and
Laws, Tut not to set either aside. As their Office is created by
the Constitution, and as all their powers are derived from the
Same, they have no power. to absOlve themselves much less
others from it's obligations.
No such suicidal power is given by the Constitution to any Of
its officers. The oaths which we have taken to support it, stand
recorded in Heaven, and cannot be annuled by any earthly
The only legal method in which the Constitution can be refer
ment itself. Any other method is simply Revolution, and
revolutions do not generally claim to be constitutional. Even if
our constituents had desired it, they would have had no right to
the Land.
We protest against the doctrine that we, elected as we have
been, are a higher power than the constitutional Legislature OF
this kingdom, a power from which there is to be no appeal. We
protest against it as striking at the very basis of constitutional
government, at that principle, which alone protects the minor
iy from the tyranny of the majority, and which alone renders
constitutional liberty possible. At the same time We do not
and a rore RI resoIyed hack K into Mt is eopsti t"s oe ai x"a,ea
But this dOnhi full and dangerous right ia Il be exercised DpIv in
those terrible emergencies, when the very existence of a nation
Is at stake, and when all constitutional methods have been tried
and found wanting.
No such emergency now exists, and if any does exist, it has
We protest, because we believe that this is a Constitutional
s shgch in erasn n n ev GTOSn 70 c Isss 40 ih o IL ft ca@ the po"e +
lands which kamehameha Ill. separated from his Royal Do
Majesty. in ascending the Throne, by that act resumed all the
duties and responsibilities which attach to the Throne under
We believe that You Majesty has tacitly admitted this prin-
ciple, by governing until now, in accordance with the forms Of
the Constitu ion, and in causing the officers, whom Your Maj
esty has appointed, TO swear allegiance to the Constitution of
We protest. because the Royal Proclamation was ambiguously
worded, and because the people were kept in ignorance of its
real object, until after the assembling of this Convention.
We protest, because the proposed new Constitution has not
been able to elect their Delegates intelisently, with reference to
it, and so that the Delegates themselves are not properly pre-
pared to discuss, and decide forever, matters of such vital
We protest, because the effect of such a precedent will be to
impair, if rot destroy the stability Of the Government, and to
launch US upon a sea of uncertainty and revolution, which will
be disastrous to every interest of the nation.
We protest, because as loyal subjects, we desire the perma-
its principal safeguard against foreign and domestic neTnie
We protest, because all the proposed improvements in the
Constitution, may he brought about III the Constitutional way,
through the Legislature, who are =. the only lawfully constituted
medium acting for the people to amend ,h@sainen
We woId rather live under n Constitution. even more deree-
tive than the one granted by Kamehameha Ill, than uusettle
all the foundations Of the Government under which We live, and }
which we love.
Such being our sincere and fixed convictions, we cannot con-
sistenty with honor, and with our duty to Your Majesty, and
to our constituents, take part any further in the proceedings Of
this Convention, and We do hereby withdraw from this body.
o. II. GULIcg,
Delegate for South Kona.
Henry II. PARKER,
Delegate for Kohala.
Honolulu, July 22d, 1864.