The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-05-28
(For the Pacific Com'l Advertiser.)

Nh. EDITOR Before proceeding with my task for
this week, I shall be obliged to point out two or three
errors, which have appeared in my last weeks letter,
because of my not being enabled 10 read the proof"
| am made to say, % In some cases it has deprived the
Legislature Of its just powers Of regulating the Gov
eminent of the country, leading to its exigencies."
The sentence should have read, &" of regulating the
government of the country according to its exigen-
cies." Again, " the Convention has been called at
such a time, that if they see fit TO make any changes,
the Legislature may be called within the time pre-
scribed in the present Constitution-tha is to say
before the 23d of August should read, '.that if they
do no not see fit to make any changes, the Legisla-
ture.'' sc. Again, g in the meantime Kamehameha
w. and his son have died. and their deaths have
called the attention of the thoughtful to the fact that
the amendments themselves are fautts'-should read,
" the amendments themselves are faulty" The SEN
tence. q now the idea that a provision is TO be left
alone, 1chich can do no good until it has done harm,
is an extremely unsound one,'' should have read,
snow the idea that n provision which can do no good
is 10 be Iet alone until it has done harm, is an ex-
tremely unsound one." And here let me say that l
am not tbtrudng my remarks upon the public, but 1 am doing
a duty to counteract the assertions of the seditious or quiet the
fears of the timid, and write at the request of YOURSELF and
many others of our citizens having glea. stake in the commu-
nifty; and 1 feel gratifed to learn from your correspondent ssNa-
kaainana' that {" anxiety and alarm were partially aIayed "by
my poor efforts.
The remarks that 1 have heretofore made regarding the "Eu-
hina Nui," would indicate the necessity of the modification of Art.
IS. should the Convention see fit to abolish the Office, for this
article directly grants the veto to the I" Kuhina Nui," which is
implied by the 45th Article. The Article 39th is regarded as
entirely derogatory, not to the rights of the King, but of the
people of this country. 1t is directly provocative of intrigue,
for the purpose of inducinga weak sovereign to believe, that the
only way to free the country from some real or fancied insult,
or oppression, or the fear thereof, is to ALLEVIATE the country,
1t is in vain to say that His present Majesty would never do it,
.;.. Ella aasy ap-ryarf "a flat He proS.pt Na;aSty mill not r.;yn
for all time, any more than his predecessors have, and no one
can prophecy what may he the temper of mind of His
successors. Now His Majesty himself, and all his advi-
sers, are infected with the idea that He has no moral right, and
Ills successors ought to have not even the color of IA legal ri ght,
to transfer the allegiance of His people to any foreign sove-
reisnty, without their direct consent, given through their Repre-
sentatives and the consent of His Chiefs. As long as His
chiefs and people are able and willing to defend the country, it
is the unquestionable duty of the Chief Magistrate of the
country to dare all dangers and bear all burthens for the pur-
pose of maintaining the independence OF His country. Surely
the modification of this article will not endanger the neral, So
cial or political liberties of the commons Of Hawaii. As
have said before, His Majesty wishes to recognize most fully the
rights of the governed in the Government which they maintain,
and to unite His fortunes and those of His successors indssolu-
ply with the Hawaiian people. L now propose to turn back to
Article 9th, and here let me pause to say, that I hope that no
one will find fault that questions, regarding the mode OF making
the change, are not answered. 1 was, as / have said before,
asked to indicate the changes thought advisable, and therefore
can not turn aside from this duty. In due course, l may at
proper time, point out that the course now sought to be pursued
is the proper, the safe, the lawful, and the most advisable
course; but every thing can not be done at once, and therefore
let us finish what We have in hand, and then, D. ", let US pro-
coed to other things.
Article 6. The right of trial by jury. in all cases in which it
has been heretofore used in this Kingdom, shall remain mviolate
forever.
Now, who does not see that as time lapses. it is becoming a
question of doubt, and a matter of evidence. in what cases this
right had been used, in this country, before the adoption CT the
Constitution, and that as time advances it will become more
and more obscure, and this right will become more and more
insecure. 1t is now proposed to guarantee the right in all ac-
cusations for all time to come. s that it may be controverted.
Article 18th, it is thought, should read as follows: "InvOluntary
servitude, except for crime, is forever prohibited in the coun-
try.n The provision that no person who imports a slave or
slaves into the Kings dominions shall ever enjoy any political or
civil rights in this realm, is singuiary illogical. for if slavery
can no. exist, no man can import a slave. since he ceases to
be a slave on entering the jurisdiction. But it is readily said
that this is not what is meant. The answer is that laws should
be expressed clearly, and that if it is meant to say that a man
who happens to sail with a bondman. from n country where
slavery is tolerated, and to arrive at this country, where he is
perfectly willing to comply with the law, which would then be-
come known to him for the first time, and is willing to let his slave
GO free, and yet is to be prohibited from enjoying any political
rights forever, it is singular enoHgh-that he is to enjoy no cfuil
rights is absurd. The provision in Article 18th,
"But no part of the property Of an individual can NTH jus
tee, be taken from him, or applied to the public use without
his own consent, or that of the King, Mobiles and Representa-
tives Of the people,
Has been thought by all lawyers, public men and Others whose
atten ton has been drawn tn il, to have been ab out as unfortur
nate in its mode Of expression as is possible to be, since, in the
first place. it states an untruth, in saying that a mans property
cannot with justice be taken from him, without, e:c, as witness
the occurrence of cOnhagration and pestilence when it become:
necessary to pull down one mans property for the common pre-
servation sudden invasions or civil commOtions, when it be
comes necessary to occupy property or even demolish house:
for the common defence-or to take vessels for the transporta
ton of troops and munitions Of war-an Of which are cases o
the purest justice, and yet a mans property is taken wnhou
his consent or that OF the King, Mobiles and Representatives
Aud in the second place it secures II q right; since it only say
that il can not trith justice be taken, without saying it shall
not be taken. Nor do the words |" the King, the MOBILES, ant
the Representatives of the people," express what they were in
tended to, to wit, the Legislature, since these must be met TO
gether in one body to constitute the Legislature. as see the cap
ton Of all our laws, and separately, l.. e, in their separate func
tions, do not constitute the Legislature-thus the action Of tn
tives al another, does not constitute an act Of Legislature. bu
only the action taken in Legislative Council assembled. 1t ma.
be suggested to the Convention to substitute as follows:
But no part of the property of any individual shall be takel
from him, or applied to Public Uses, except the same shall b
necessary for the public safety, without his own consent, or tn
enactment of the Legislature of the Kingdom. And wheneve
the public exgencies shall require that the property Of any in
dividual shall be appropriated to Public Uses, he shall receiv
Is reasonable compensation: therefor,
1t is not my purpose Mr.. Editor TO turn aside TO notice CORES
pondents. Fair and gentemanIy contributors to your paper
will see the impossibiity iof my 50 doing. since 1 never shout
accomplish what 1 have been asked to do, viz, indicate tn
myself a task which would occupy all my time, yet l thin
proper so far to notice the very cOurteOusly written communities
ton of " Makaainana" as to say, first, that 1 had thought tn
"Church and State" had been sufficiently discussed; second. this