The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-05-28
1cgrrs.ranlense Of te rnelas c.mr Aaver!lserl
The Constitution and The Continuing Power.

The Co"-rii"sion and the Continuing Power.
MR- EDIroR As the communication Of IS Maka-
a5uaDa." in your last number. treats of the most
Important question now before the public. | beg
leave to add a iew more considerations on the same
subject.
1t is enormously supposed by some that the l05th
article of our Constitution, prescribing the mode in
which it is to be amended. is peculiarly stringent,
il. comparison with similar provisions in other
Contributions; and The example of American State
Conventions is appealed to by the very persons who
wish to weed out all American ideas from our Con
stitution.
Now it is next to impossible to alter the Constitu-
ben made in i, for the past sixty years. Every
amendment to it must be proposed either by trO-
thirds of both houses Of Congress or by a Conven-
ton called by Congress on the application of the
Legislatures of two thirds of the States, and be
ratified by the Legislatures of three fourths of the
States.
The Constitutions of New York and Pennsylvania contain
Substantially the same provision as our own, with the addi-
tional proviso, that after having passed two successive Legisla-
trres by a two thirds vote, each amendment must be voted on
SEPARATELY by the people of the state. The Constitution Of
Pennsylvania also provides that no amendments shall be pro-
posed ofener than once in five years. In some Of the Western
States n vote of the people is to be taken every twelve years, as
to whether they wish their Legislature to call a Convention or
not. In New Hampshire the period is seven years. In Mary
land, Delaware and Missouri the provisions on this subject are
almost identical with those of our Constitution.
As for the Constitution of Old England, it takes centuries to
make any important alteration in it. All past changes in
it have been only the development of certain great principles
which are as old as the English nation itself, and they have
invariably been in favor Of popular rights. 1t is to the honor
of that great people that from Magma Charta to the Reform
Bill there has been no steps backward. and every concession
eser made to the people has been maintained by them inviola-
hr II l., .i,pr E, -I- s.,rl- ,.,-,o,;., Of Tho EDulfsh
people that their government owes its remarkable stability, and
W. Of Hawaii nei will do well to follow their example.
To come nearer home. no one of course can pretend to say
that it will be constitutional for the proposed Convention in
July to alter or annul our present Constitution. Still we hear
some loose talk about referring it back to the constituting
power" about the . right Of revolution" &c. Such talk is more
worthy Of French or Mexican politicians than of men brought
Up in the principles OF Anglo-Saxon liberty.
The grossest usurpations of power have ever been committed
i'll the sacred name Of the people, and whitewashed by a
popular vote. The Roman Emperors, including a Nero and a
Domitian, professed to govern through all the forms of the
dad republic. In our own days, have we not within thirty
four years seen four different governments established in France,
AID all ratified by universal suffrage.
1t is perfectly absurd to speak of the decisions of a Conven-
ton elected under such circumstances as the one in question,
as ~embodying the will of the people or to claim that by virtue
of their election the Delegates will be clothed with power to
away the right not only of their constituents, but also Of
future generations, and that too in defiance of the Constitution.
A mere election in itself is worth little as an exponent of public
opinion. An election to mean anything must be but the last
act of a long process of preparat ton and discussion. Even the
general feeling of a country at a particular moment may not be
public opinion. 1t requires time for a great subject to
psesent itself in all the aspects in which it ought to be viewed
asd examined, and it requires time for a real public opinion to
fcsm itself. What shall we say then of an election sprung
Suddenly on the people withou; a word of information on the
osestions to be brought before their Delegates!
Our Constitution wisely provides for complete publicity and
thorough discussion, and more than this, it prescribes the only
III yfuI method in trhich ii can be "~rcfeTred back to the
cSstituting potcer." Even supposing that the majority of
people were in favor of changing it in a more summary
n4nner,. they have no right to do so.
3t is only the general consent of all parties to keep the Con-
%ution iarioIate that renders constitutional government or
"st5erty in law at all possible. 1t is this alone that protects
81 rights of minorities ION the tyranny of majorities. Des-
L. this inviolability, and we have nothing before us but
IL ~-o~-~-s~~iS.,ao IN ona-ohp IN the n hand anil
D Spotism on the other. We have an illustration of this in one
he darkest days of Athenian history. During the trial of
8 unfortunate Generals after the battle of Arginusae, when
x. people of Athens were reminded by Socrates and others
|: they were violating the Constitution, they exclaimed that
u, were the people, they made the laws, and should they not
- the privilege of disregarding them. They seem to have
b.. the same crude ideas as C. c. II. about the " constitu ting
? rer." We deny then that a majority of the nation, even if
hey desired it. would have any right, except the right of the
strongest, to alter our Constitution in any other way than that
prescribed by tina: instrument itself. And any such alterations
would become null and void the moment they ceased to be sus-
aimed by superior physical force.
II is true that there may be cases in which the violation of a
is justifabie, but only when it is necessary to save
he existence of a nation or to save constitutional liberty itself
rom destruction. We leave it to any one who has read c. C.
is er parte statements in the last AdUertIser, to judge
ytether such an emergency now exists.
No: The " reactionary" movement now in progress did not
pring from the peorle. They make no complaints about our
Nor do resident foreigners doing business in the
orntry. 1t originated with a petty cabai of office holders,
nj is an attempted revolution not in favor of liberty but the
everse. BY a stale trick well known to the friends of freedom
4 all ages, they seek to give an appearance of legality to their
ltendel usurpation. Let them beware, lest their plot recoil
their own heads.
] would Ike, Mr.. Editor, to ask what kind Of oath the Dele
ases to this Convention will take before entering on their
motions. Will it not be in substance the same as that which
required of Representatives of the people; and which all the
-obles no doubt have taken, commencing as follows: Il most
swear in the presence Of Almighty God, that I will
,yally Tor faithful. } support the Constitution and Laws Of the
Iawaiian Islands" Can it be believed that these Mobiles and
e,egates after taking such an oath will perjure themselves by
Gng in a scheme to overthrow this very Constitution which
ley have sworn tc support, We hope not
Another question which 1 would ask, Is this: will the acts of
fs Convention be valid, passed by only a bare majority of the
enbers. or will a two-thirds vote be required, as is the case
it'll the Legislature by Article lo5th of the Constitution:
again, will the Mobiles and the Delegates Of the people meet
1i vote separately in two HOUSES or jointly in one?
AS the whole proceeding is novel and unknown to our Con-
tuition and Laws, the public are left in the dark on these
.,ortant points. Cannot c. c. II. or the Minister Of the
,terior. give US a little more light But L fear that I am
cspassing on the patience of your readers, and vii. forsear to
* any more questions at present.
Mr.. EDITOR Il once made a passage from Homo
,lu to Lahaina in the schooner Moi, Captain Chad
ick, sailing at the same hour as the Maria, Cap
in Molteno. There was a good deal of bantering
etween the shippers as to who would get their first;
at TO the intense disgust of 9 old Chad ," the vet
IAN Molteno brought his vessel to her anchorage a