The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-04-06
THE PACIFIC
Commercial AOOrttl5cr.
SATURDAY Y, APRIL 6.
The Constitution-The Decree.

could sec but little If any difference and that,
for his part, he could perceive 10 wrong in the
matter, but the manner Of promulgating the
Decree, was certainly Objectionable. Possibly
others may be Of a similar opinion, as to there
being any radical difference in the two dJcu-
ments, owing to the fact that no trouble has been
taken to make a comparison. For the enlighten-
ment Of such we will here undertake to set forth
in a brief review the changes which have been
brought about in the Decree.
Article | Of the Constitution Of 1852 sets forth
the seIEevident proposition that "God hath
created all men free and equal The cores
ponding Article Of the Decree of 1864 entirely
ignores the proposition. This Article was thor
oughly discussed IN the Convention, and the
principal light Of an adverse nature to the theory
as enunciated in the old Constitution, was that
reflected from Sir John Bowring by the late r.
T. Wyllie, the then Minister for Foreign Affairs.
His Excellency was pleased TO say, in quoting
Sir John as an authority, that he had written
Some very excellent hymns. But as Il set-off to
tthe wisdom of the learned Baronet, we may be
allowed to quote from Sir Robert Filmer, a once
renowned champion of absolute monarchy, and a
person equally unknown 10 us as Sir John, who
says Hayward, B~lackwood, Barclay, and
others that have bravely indicated the rights of
Kings, . with one consent admitted the
natural liberty and equality of mankind"
Article Nv gave the people the right to meet
to " give Instructions to their Representatives."
The Decree reserves that right, and the Repre-
sentatiyes are now instructed by the Ministry.
Article XII, On slavery and involuntary servi-
tude, is modified somewhat in Article XI of the
naeraa Tho ohio nna - not pnorLa1 hnf SuGfcient-
ly to make it accord with the key note in Ar
tIcle /.
Article XXI, On the " Form of Government"
is not changed by the Decree. The form of Gov
eminent, however is itself most markedly changed.
There il a touch Of grim humor in the retention
Of the term 8 constitutional Monarchy"
Article XIV, On the succession to the Throne,
is the same in essence, always excepting that the
Legislature of 1852 contemplated two distinct
chambers, the Decree providing for only one.
Article Xxx, Read that the liking has the
power, by and with the advice of his Privy
Council, to make treaties The Decree gives
the King the sole power. That most tractable
body, which the Gazette says never g has refused
to take action in the direction suggested by
the Ministry is here deprived even of its little
Sc say TO-"
Article XXXY, Provided that all the Kings
official acts must be approved by the Privy Coun-
Gil and certified by the Minister to whose depart
ment such act may belong, excepting the sigma
ture to laws passed by the Legislature. The De-
cree is silent as to the approval by the Privy
Council and attestation by the Minister. 1t is, it
seems, very doubtful just what power the Privy
Council does possess. In view of the very 1atter-
ing remark of the Gazette, &" it's not of the slight
est consequence
Article XXXIX, Provided that the King, by
and with the approval Of His Cabinet and Privy
Council, might proclaim martial law. The De-
cree gives the power to the King alone. We de-
sire our readers here to bear in mind that the
changes were not to be material that the inten-
ton of the conspirators was not to deprive the
people of any rights, but simply to adjust the De-
cree to the growing demands of His Majesty's
subjects. So said &C. e. H."
Article XLVIII, Provided that in case of a
vacancy of the Throne, or minority of the heir,
the Privy Council should call the Legislature
together. The Decree puts the matter into the
hands of the Cabinet Council. This may seem a
small matter, but let us consider it. The Legis-
lature is popularity supposed to represent the
people, and in case that body was called upon to
elect n successor to the Throne, the people, if that
supposition was correct, would have the Oppor-
tunity to make known their preference. But
with our one Chamber, and the patronage of the
Government at it's disposal, the Cabinet would
hold all the reins, and could consequently nomi-
nate and elect whom they chose. We trust that
we may never be left in this dilemma, but we
cannot but admire the careful fOrethought of the
gentleman who was so tender of the powers of
the Legislature in thus providing insurance for
his portfolio.
Article XLIX, Provided for a Council of State
for advising the King in the executive part of the
Government and in directing the affairs of the
Kingdom according to the Constitution and laws
'of the land. The Decree provides for a Council
of State to perform a like service, - whenever the
King may require its advice and in such
manner as he may direct" This is a master
stroke.
Article LIV, Provided for a report from each
Minister to the Legislature. The Decree limits
the reports to one from the Minister of Finance.
The Legislature is supposed to represent the
Mobiles and the people, aforetime thought to be
important elements of the State, and it was
deemed courteous if not necessary to let them
know what was going on in the Kingdom, but
under our Decree We only recognize the fact that
the people pay taxes, and dole them out an
account current.
Article LV, Provided that "the Kings Minis
tiers hold seats in the House of Mobiles, and they
have the right to be heard in the House of Rep
resentatiycs, when accused of NAL administration
in Office" The Decree says the Ministers hold
seats er-o6Toio as Mobiles, in the Legislative As
sembly. The difference between q Legislature
and the non-deseript styled = the Legislative As
scmbly," has already been noticed. Any one who
has been witness TO the overbearing insolence of
the Ruling Genius can easily imagine that his
presence in the Assembly, where representatives