The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-12-14

The occasion Is n serious one. The death OF Kamr-
&hameha v, has left the nation without q head.
During his lifetime the late King did not appoint a
successor to his position. In such case Il Is provided
in the Constitution Of 1852 that a. the successor shall
sbe chosen by the House Of Mobiles and the House of
Representatives in joint ballot" The proclamation
by the Cabinet for the converting Of the Legislature
on January Sth, 1873, is doubtless under the provis-
ions OF the bill Of rights granted " by he late
king in 1864, (Which In effect re-enacts this clausc.)
Though IL might be under the authority Of either.
s~perhaps it matters little which. perhaps much.
The Constitution Of 1852 was enacted by King.
mobiles and people, n mutual compact and binding as
Sthe law OF the land. because thus ratified by the
<nation in its three estates. IL did not become the
Fundamental law from its merits or perfection. but
strom Its solemn acceptance by the nation. Originat-
ling in this manner and existing as such fundamental
flaw, no lesser power than that which created IL, can
& Justly and legally repeal il.
That extraordinary document which Is technically
Preferred to above M the bU Of rights OF the late
king, but which is. more properly speaking, a BILL
Tor WRONGS, by simple brute force and in unholy tres
pass upon national rights has, for the last eight
5years and e half, pushed aside the ~country's Consti-
tuition; but that Constitution has never been repcaled.
it still exists and to- day is the legitimate law of the
Hand. Its eight and a half years OF allegiance have
mot ~abrogated il.
The nation is without n ruler. IL is n crisis Of
Asolemn Importance. A reign founded upon prinoIple.
1Hshh una la6h ~
2matters not that the reign has been q mild one; I
zspeak not OF men, but Of principles. Shall we per-
Epetuate this undesirable state Of thingsf Shall We
let ourselves drift into another ten years or longer OF
apolitical nonentity, into subsection under an erpens-
i've absolutism that may be despotic, selfish, unrea-
zsonable and incompetent The existing authority
Sbeing the Constitution Of 1862, only those Nets done
kunder its provisions are legitimate. This brings IN
sthe subject of the election Of the future King. The
selection must be by the joint ballot Of the House OF
MOBILES and the House Of Representatives; but there
lis no House OF Representatives ia existence. The
Representatives Of the Legislature ordered 10 convene
ION the 9th Of January, 1873, we're elected under the
zdecree of 1864, and il defiance Of the Constitution.
land therefore they have no rights and no authority
las representatives. The plain course 20 pursue Is
flor the Chancellor TO call for a new election Of n
House of Representatives under the provisions Of tho
Constitution, who shall elect n successor 20 the late
sKing by joint ballot with the Mobiles.
1 The only other possible view to take of the situa-
stion is, that the Constitution having been broken by
sthe King. the first party 10 the compact, it remains
now with tho people to re enact IL, or TO adopt n
NEW Constitution. II this should be regarded M the
correct Judgment Of the situation, the obvious course
would be to call ut once a convention Of the people
ito decide these questions.
In any case, the source Of governing power Is
with the people, to elect their ruler and TO enter into
constitutional relations to establish the Government
sof the commonwealth.
Whatever is done, let IL be with an aim for tho
greatest good Of the greatest number; let Il be inspired
with the idea OF the equal rights Of all men, and let
this emergency be made an opportunity OF advancing
Tour little country toward popular and constitutional
freedom.
The past is past. The late reign is over. With
charity for the royal dead, let US bury with him the
mistakes Of his administration, more perhaps his
.misfOrtunes than his faults, and with hope for the
future. let US go on in the light Of our experience
land with the lessons Of other nations to gui % us, 20
do all in our power for the real prosperity Of our
country. UMI