The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-07-16
His Majesty appointed His

Committee had not met. His Majesty appointed His
Elk. r. C. Wyllie in his place.
His Majesty then said. that the opinion is expressed
in the resolution of the member from 5. hona, that
this Convention has no power to change the Constitu-
ton. He expressed His opinion the other day, thus:
that the three powers of this kingdom are now in
this room. If there was power in the kingdom IN
1852 to make I Constitution, they also exist IN this
kingdom now, within the natural or territorial limits.
If they are not in this room. where are they Kane
hameha Ill. was King ty ancient right, and not by
power from the Constitution AS he gave The Consti-
tuition of his own accord, it cannot be called a Treaty
between the people and the King. rs was said yester-
day. There are no terms Of contract or mutual
agreement to be found in it. 1t is my opinion, that
of my Ministers, and Of the learned of foreign pow
ers, that the powers Of my kingdom are divided into
three parts, aud they are here assembled. II the
Delegates of the people wish to deprive themselves of
their share. aey can do so. If any Delegate says he
has no authority TO act in this matter, we'll and good.
He can give up his right, and if he wishes TO go home,
he may. If any one wishes to stay and transact bust
ness, he may. II the Delegate from ). kona, or any
other Delegate, think they have no power, they may
go and We who remain will make the Constitution.
The Proclamation called the Delegates Of the people
here to consider the revision, not the mere amending
of the Constitution. l cannot agree TO hs resolution.
His TX. VI. de Vargny said, His Majesty, with conscientious
scruples, refused to take the oath to support the Constitution.
In the opinion of the Ministry He must take this oath, in order
to assume legislative capacity: Tie only course leit, Is 20 rsIer
back to the source and to call the constituting powers together.
here. they deny that they are of the constituting powers. The
Constitution Of 1852 does not provide tor the life and safety Of
INT IhNlhE az. IVA6h AC fAAI nv hhfG D1AhAS- NNNNA 49,"
The hospital is full and can hold no more The late King pre-
scented many wise suggestions for the good Of the native race to
the Legislatures, and they have taken no notice Of them. The
idea of a Convention did not originate in the dinistry, but it
was recommended by the Chief Justice Of this Kingdom, as the
best way of solving the difficulty.
DIR. Judd, asked His Ex. VI. de Varigny his views upon the
status of the present Legislature elected under the Constitution
and ready TO do their duty under it.
His EXcelency replied that he could not answer this question,
Us this Convention is eXtra-constitutIonal-
The Attorney General stated that, by the Command OF His
Majesty, he would read the records of the CabFlet Council of
March 3, 1864, by which it appeared that Chief Justice Allen
suggested a Convention.
DIR. Judd said, that it was his opinion that the power o
amending the Constitution is lodged only in he Legislature
Any idea that if the Delegates refuse to take tis law-lnaking
power into their hands that it therefore rever.s to the King. is
revolutionary and the people will not sustaiI. ii. The late
lamented King felt. conscientously, that the Constitution was
faulty, but he took the oath to sustain it and Immediately com
menced measures 10 have it amended in a constitutional man.
ner. He would humbly recommend this example 20 His Majesty.
Mr.. Quick felt that in offering this resolution, Ae should have
the support of many Mobiles. lie commented OF the conduct of
the Ministry in throwing on to the Chief Justicein his absence,
the responsibility of This Convention. The people have had no
opportunity OF instructing their Delegates on tie revisionfof the
Constitution, for they have not had any intiutitions o what
they were. If the Constitution becomes a Utility by the refusal
OF the King to take the oath, what il the conditions of the Mobiles,
created under it?
Mr.. Kauwahi repeated his previously expressed opinions.
Mr.. Green explained why the amendments proposed by the late
King were not passed by the Legislature, because the Ministry
had neglected to publish them, in Pursuance with Art. lO5.
His Elk. p. Nahaolelua, Hon. ii. kahanu, and Hon. n. halaa-
kea, then INDUCED themselves in lengthy speeches, in persua-
sons that this Convention, composed OF the three estates of the
Realm, have the power TO revise the Constitution. The Con-
ventiou then adjourned until tomorrow at II NJ.