The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1865-02-11
he following vote was polled {;

-
}. Kahai
The total votes cast, ere......-.......2Gl
Can any one believe that the paltrv show at thi:
election when the principal votes cast were from
the soldiers who are taught 10 obey orders, and
by government officials, who obey without teach.
ing, embraced all who in this district could
swear TO the above qualification? Or will anv
say that the free, intelligent voice Of the people
Was FAIRLY represented by the men lately in ses-
sion, when scarcely q foreigner except govern.
ment officials voted? And we are confident that
the vote in Honolulu is a fair sample of other
districts. No! the free, unbiased choice of the
people was in the Convention Of July and the
manly protest signed by two of its members was
the sense Of the MAJORITY of delegates then as
sembled, and reads as follows
play IL please Your Majesty:
A this Convention has now decided to proceed TO the rsyi-
Constitution. we feel compelled by our duty to our Constituents.
and to our Sovereign. 10 enter our protest. IN this solemn
but also Of future generations are at stake, We cannot shift our
responsibility to others, or put our conscience in the keeping
The Opinions Of the Judges of the Supreme Court, to which
SC much Importance has been attached, we're Informal, vague,
and unsatisfactory, and cannot De regarded as .jufici II Ieci-
si0ns in the proper seuse II the term. But even il The suprsule
Is conclusions with The utmost weight Of learning, and force OK
a.; aTss sn zA On Pf S1G1 Ia a }" e5i6iaD II u 'c .n~b have s nc G:na,ns ao;hoE-
op'ason IS individuals, and not as constitutional officers, for The
pale Of the Constitution and Law.
Their duty as judges Is to INTERPRET the Constitution ard
Laws. bat not to set either aside. As their chice is created by
the Constitution, and as all their powers are derived from Tie
same, they have no power to absolve themselves. much less
No such suicidal power is given 10y the Constitution to any or
its officers. Tie oaths which We have taken to support il.
stand recorded in Heaven, and cannot be annulled by ANY
The Only legal method in which the Constitution can be refer
red back 20 the Constituting powers, is prescribed in that in
strumeut itself. Any other method is simply Revolution, and
revolutions do not generally claim to b.. Constitutional. Even
If our constituents had desired it, they would have had no right
to instruct US to take part in subverting the Fundamental Law
We protest against the doctrine, that we, elected as we have
this Kingdom. a Power from which there is to be no Appeal
We protest against it, as striking at the very basis of Consttu-
tlonai Government, at that principle which alone protects the
minority from the tyranny Of the majority, and which alone
DO not deny that there may occur 4 crisis in a nations history.
when Revolution is jusdfahle, when u Constitution may be yio-
ments. But this doubtful and dangerous right is to he exer-
csed only in those terrible emergencies, when the very existence
OF n nation i ut stake. and when all Constitutional methods
have been tried and found wanting.
heS No craa.. [n Ey {he now wv sS5ts' and and If any does exist it has
We protest. because we believe that this il a Constitutional
Monarchy, and that the Crown ca. no more claim the powers
which it exercised previous to 1852, than it can resume the lands
made over TO the Government. We believe that Your
Majesty. in ascending the Throne, by that act assumed ali the
re believe that Your Majesty has tacitIy admitted this new
principle, by governing until now, in accordance with The forms
the Constitution, and in causing the officers, whom Your
Majesty mas appointed, to swear allegiance % The Constitution
We protest, because tire Royal Proclamation was ambiguouLy
object, until after the assembling Of this Convention.
We protest, because the proposed new Constitution has not
been published even to this day, so that the People have not
able to elect their Delegates inteligeutiy, with reference to
and 50 that the Delegates themselves are not properly pre-
t discuss and decide Tor ever. matters Of such vital in
We protest, because the effect Of such a precedent will be to
IMPAIR, if not destroy, the stability Of the government, and to
De disastrous to every interest OF the nation.
We protest, because as loyal subjects. We desire the reruIa-
hence and security Of Your Maje.ty's Throne. and because we
lelieve that in subverting the Constitution. We should destroy
Is principal safeguard against foreign and domestic enemies.
We p!9teSt, lecquse, an the proposed Improvements il the
Medium acting for the People to amend the same
We would rather live under a Constitution; even more de@c-
II the foundations Of the government under which we live, and
such being our sincere and fixed convictions, We canno, con-
istentiy with honor, and with our duty to Yoar Majesty, and to
his Convention, and We do hereby withdraw from this body. !
90, o; II. GTLlGk,
Honolulu, July 22f, 1861. HEsRY IL. PARKEh
This document would have received the sigma
ures Of the majority of the delegates, had they
tot believed that they were called together in all
ronesty Of purpose, and that the other estates of
he realm would abide the result Of the Conrcn-
as was stated they 1could, be 1t nchQt II
aight; and moreover, that by signing it and
withdrawing, their constituents would have had
God grounds for complaint as the minority
'oUld no doubt have ayailed themselves Of the
pportunity to walk over the course" and
aim the stakes-a bastard Constitution.
We verify believe that there have been deeds
one in connection with the Departments, which
in power are interested in concealing.
means must be engineered through by
hich the parties may feel secure against the
oublesome questions of a committee of invests
alton from a Legislature which the people /
ould elect. We can judge of the deeds only by
le monstrous means used 10 bring about their
\ people who knew 50 well the value and
sc Of the right of franchise under the C~onstitu-
on of 1852, and a press 50 fearless in exposing
C Shortcomings Of the Ministry, must be neu-
So, why not rob the people of their
institution and GIVE them 4 new one?-which.
L property qualification clause and one virtu-
ly muzziing the press for the time being, leave
EN- powerless.
During the first few sittings of the Conven-
IN it was made evident that the Ministry, led
the Attorney General, were seeking a cause
ION which to disagree; the complexion of the
ird estate was not suited to their views there
IRE men who in early times had been tried and
true, and sons of men who had spent their
st days ia bringing this nation from darkness
their present advanced condition. After long
d stormy d bates ON different points, during
lich the delegates showed a spirit of forbear-
ce and concession which did them honor,
G article providing a property qualification for
was reached, and after a we'll
infested debate the delegates yielded soon
, article which fixed a property q~ualifca-
n on voters came up, and upon this the dele |
ties evinced the same spirit of willingness TO
lcede by bringing forward an amendment, in