The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-08-06
THE PACIFIC
Commercial Advertiser.
AUGIST 6.

SATURDAY,, AUGUST g.
The Convention has been in session every day
during this week, though the King has been
absent altogether from it. How far the DELHI
e~rations and action Of this body are legal un-
! less its constituent elements are present in ses
sion, and taking part in its acts, is q grave
question. 1t was decided in the early sessions
that the Third Estate could not sit or vote sepa-
rately. How then can the First Estate do what
was forbidden to the other? This being the de-
cisiOn, the MOBILES or Delegates should not act
without 4 full representation Of the three Estates,
and if from sickness or any other cause, one
Estate is not present, postponement from day 10
day would appear to be the only proper alterna-
tive. Many think that the King should only
appear in such a Convention by PROXY, and un-
doubtedly it would have been the more proper
mode but under no circumstances can the first
or any other Estate be unrepIeSented, under the
rulings of the house.
There is much feeling in the community on
the anomaly existing in the Kingdom-of a
King, not possessing full constitutional powers,
thus preventing the usual meeting of the Legis-
lature, creating great uneasiness, and threaten
ing disaster to our business interests. 1t is a
matter all regret, and some are even indignant.
But let US look at it a moment, and it will be
seen that there is really no reason why the King
should have declined to subscribe to the COnsti-
tuition Of 1852. The first clause of the 94th
Article of that instrument is the great stumbling
block. This has generally been understood as
applying to Kamehameha ILL.,, who alone
g granted" the Constitution after being adopted
by the Mobiles and Legislature, and then took the
oath contained in that article. Now we doubt
if there are five men in the Kingdom who believe
that the first clause of that article requiring
that it be "approved') applies to the successors
of Kamehameha III. Latterly, a different con-
s~truction has been placed on it, and quite a Revo-
luton inaugurated, causing delay and confusion
in the legitimate business of the country.
Will anybody acquainted with the facts say
that Kamehameha Ill. approved of all the Con-
%stitution of 1852, when he took the oath to
govern according to it? Neither did his success
sOr, Kamehameha ", approve Of ii, and he did
not hesitate to point out its faults. Yet he took
the oath, and abided by its requirements, sought
to have it changed, and did change it in the way
prescribed by the instrument itself. In taking
the oath he did not declare or admit that he ap-
proceed of IL. but that he would govern according
to it.
In theory, the King never dies, and the sue
cessor to the Throne, when it becomes vacant,
accepts ii ruth all the obligations Of has predecessor,
no more nor less consequently, had His Majesty
subscribed to the required oath, it would not
have compelled an approval of all the Constitu-
tion any more than it did of his predecessor.
If His Majesty has declined to take the oath,
for the reason that he could not, after having
taken it, consistently call a Convention to revise
the Constitution, or proceed to change it in any
other manner than that prescribed in Article
105th. what must be his opinion of those who
HAVE SWORN to support the Constitution, and
now acknowledge themselves as assisting in set
ting it aside in an extra or unconstitutional way?
We respect all who act conScienfiouSly, but at the
same time ask that they act reasonably.
There cannot be a Constitution made. which
I'LL will approve. And if the Ministers or any
.thers in the Convention think that the new one
be such, they are very greatly mistaken.
The Convention is at work passing from day to
day the articles Of the revised Constitution,
it is proposed to substitute for the present
1t matters little, however, what they do,
or how they do it. The acts of this Convention
we're the day it opened and its right to subvert
he laws of the land, can no more be recognized
now tho" than--The people will never recognize
acts of a Ministry that seeks to set aside the
in an rtra-conStitutiOn0k manner,
md which can only become a precedent for SINH
ar attempts either on the part of the King or
he People, whenever either think it ought to be
lone.