The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-04-13
THE PACIFIC
Commercial AObtrtlsrr,
SATURDAY Y. APRIL -.
The ConStitution-The Decree.


We conclude, with this issue, our comparative
review of the provisions Of the Constitution Of
1852 and the Decree of 1864.
Article Xxi of the Constitution Of 1852 pro-
yided that the Legislature should meet annually
the Decree Of 1864 says biennially. We have
in a previous number shown why the annual
meeting was the better plan.
Article LXVI, gave the legislature power to
punish It's own members for contempt, etc. The
provisions Of the Decree are Of the same import,
but a clause is introduced intended for the intim-
idation Of newspaper publishers. For with a
majority always at their disposal, the Ministry
may easily infict punishment upon members Of
the press who are not sufficiently susceptible to
their Establishments.
Article LXXI limited the number of the
Mobiles to thirty. The Decree makes a seemingly
remarkable concession to the people, by limiting
the number to twenty but with only one Chamber,
the Ministers can afford to throw off ten, and
then leave the people to carry a weight that kills
Article LXXYII stated the personal q~ualifca-
tions Of Representatives essentially the same with
Article LXI Of the Decree; but the latter pro-
vides also a property qualifcation-quite insig-
nifcant in amount, it is true, but a mischevous
provision of the Decree The property
qualification of the Representatives of the people
and Of the electors may be increased by law"
1t cannot he diminished in the interests of the
people, but it may be increased at any time when
the aristocracy may desire to narrow the circle
from which electors and Representatives may
be taken.
Article LXXVlIl, made the personal qualifica-
tions of electors the same as conditioned for by
the Decree, but the latter adds a property quail
fcatiOn and provides for a registry of voters.
The comments on the preceding article are appli-
cable to this.
Article LXXIX, provided that all bills or
resolves for raising the revenue, or calling for
expenditure of the public money, shall originate
in the House Of Representatives. The Decree
says, {" The Legislature votes the appropriations
annually"
We trust that no attempt will be made by any
power outside the Legislature to - raise revenue
because the letter of the Decree makes no pro-
vision in respect to it. Once, the people pos
sessed the power to block the wheels Of Govern
ment by refusing to vote the supplies, and thus
4 bad or unpopular Ministry could be made to
resign now. the Ministers may laugh at the
Legislature that theoretically g votes the appro-
lIldllOIlSs anu lbcut llOlCl DOulS, OlNcTG specific
appropriations, and do as they please, and
g what are you going to do about?"
Article LXXXIII, provided for a Chief Justice
and two Associates who might be impeached and
removed by n concurrent resolution of both
branches Of the Legislature. The Decree pro-
vides for a Chief Justice and not less than W
Associates, but says that they may be removed
for good cause shown to the satisfaction of the
King on a resolution passed by two-thirds of the
one Chamber Legislative Assembly. We have
before enlarged upon the subject of this encroacl-
ment, by which the only bulwark between people
and King is mined, and may be destroyed at any
time.
Article LXXXVI, provided for Courts of inn
parchment, in much the same manner as provided
for by the Decree, but with the very important
addition that the King appoints a person to pre-
side over a Court of Impeachment when the Chief
Justice shall be on trial. We have already
shown how this might work.
Article LXXXYlII, allowed the King, His
Ministers, the Governors. and each branch of the
Legislature, authority to obtain from the Justices
of the Supreme Court opinions on questions of
law. The Decree does not accord this privilege
to Governors.
AIllcLC LNAAlAs pIOflueu Iudb - lDe hlnGs
by and with the advice of his Privy Council,
appoints the Justices of the Supreme Court, and
all other Courts of Record" The Decree says
the King alone has the power. The Privy
Council, though generally ~tractable, might prove
treacherous, so their sting is extracted.
Article LXXXXI, aid In order that the
people may not suffer from long continuance in
place of any District Justice who shall fail of
discharging the important duties of his Office with
ability and fidelity, all commissions of District
Justices shall expire and become void in the term
of two years from their respective dates" .
The Decree makes no such provision, and we may
infer that if the District Justice remains true to
the interests of his creator, the interests of the
people may suffer.
1t was possible to alter or amend the COnstitu-
ton of 1852, after the lapse Of one year; the
Decree requires two.
After carefully reading over these our exposi-
tions of tire changes wrought by the conspirators
of 1864, we ask our readers if they are prepared
to say Amen to the provisions Of the Decree, and
grow e~ulogistic over the beauties of Constitu-
tional monarchy as exemplifed by the working of
our Government?
What say you, gentlemen of the jury-are the
conspiratOrs guilty or not guilty of treason
against the PEOPLE?
centripetaI VS.. Centrifugal.