The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-03-09
THE PACIFIC
Commercial AO6rrtistt,
SATURDAY,. MARCH 9.
Constitutional History.

in the State Documents known az the Constitution
Of 1852 and tie Royal Decree Of 1864. Have
we a Constitution? Worcester says "a Cou-ti-
tuition j. a form Of Government, particularly
that form, or that part Of a form, which Is con-
stiGuted by the people" ~ the people had
nothing 70 do with the document Of 1864 It
cannot, a. thus defined, be a Constitution. II Is
rather, just what it is styled, a Royal Decree. 1t
takes the place Of a Constitution however, until
such time al justice resumes her sway. We say
Royal Decree, adyisedly, FOR by no Interpretation
Of language can it be called 4 Constitution,
unless we are willing to admit that our form Of
Government is an autocracy. l. 1t an autocracy?
One of His Alajesty's Ministers, during the
sitting Of the sO-calied Constitutions Convention
was pleased to say :" Whenever the King alone
has the constituting power, the Government is an
autocracy." VIII it make any difference, then,
if we alter the sentence to read Whenever
the King f0reibly wrests from the people the con-
shutting power, the Government is an autOcracy?'
Ii so, and any Odium attach, fix it upon the con-
spiratOrs Of 1864, for candOr compels US TO say
that history has recorded facts which make our
version Of the Ministerial statement the correct
one, and this we say, recognizing the force of the
thirty-frst article OF the Decree Of 1864 The
person of the King is inviolable and sacred His
Ministers are responsible" We have said the
odium must attach to the conspirators Of 1864.
Some who dislike homely, straightforward
phrases, will say-that the use of the term . con-
spirator - is too harsh, and that a milder express
sion would serve our purpose quite as well. Let
us see what the authorities say. Worcester says,
:" \ conspiratOr is one who conspires." Webster,
. : One who cOnspires with others for an evil
purpose a POTTER"
What evil purpose has been accomplished?
In the year 1910, Kamehameha III. the then
King Of this nation, gave to his people 4 written
Constitution, which was the first Hawaiian docu-
ment that set forth the rights and powers of
the different branches of the Government of the
country. This was a Royal Decree, which gave
form and being to the first Legislature of this
Kingdom, to meet annually, or oitener if necessity
required and when it assembled it was provided
that " the Mobiles shall meet by themselves and
the Representative body by themselves" This
Decree was to become the Constitution only when
: the people have generally heard it, and have
appointed persons according to the provisions
therein made, and they have given their assent. -
1t further provided that " if it should be thought
hNoAAaDAC W NhAA6C ~ hObANC cAObAA 10 iNNi
ously given, that all the people may understand
the nature of the proposed change. and the sue
ceeding year, at the meeting Of the Mobiles and
the Representative body, if they shall agree as to
the addition proposed or as to the alteration,
then they may make it," In these simple but
unmistakable terms was the right of the people
to be heard in the future, recognized and pro-
claimed.
During the session of the Legislature of 1851,
the following resolution was passed
That three CommissioRers be appointed, one to be chosen
by the King, one by the Mobiles, and one by the House Of
Representatives. whose duty il shall be 10 revise the Constiiu-
tin Of the Kingdom, and on or before December next To issue
nit the same To the consideration of the next Legislature, that
il may pass upon the changes proposed agTeeabIy with the
Constitution as it now exists"
Representatives to the Legislative Assembly of
1852 were elected with the clear understanding
and with the view to make amendments and
alterations to the Constitution. After the passage
of the articles of the Constitution of 1852 by the
Representatives, and then by the Mobiles, it was
referred to a joint Committee of Conference, con
sisting of three members from each House, and
by them reported back without change. Mr..
Wyllie presented to the Mobiles the report Of the
4 joint committee of the two Houses, which on
motion of Prince Lot Kamehameha was accepted"
So says the record of the day. On the 18th of
June, 1852, the King ratified and published it as
the Constitution Of the Kingdom.
This Constitution provided a system of checks
between the Executive, the Legislative and the
Judicial branches of the government, which rem
dered this a Constitutional monarchy, based upon
the most liberal and enlightened principles.
Under It's sway, the Hawaiian people advanced
B o.o, - s+o -, ,,4a-;,l ,~,s,o-;, 81 ,a,..l..
tainments, and developed a capacity for self Gov
eminent that caused Older nations to marvel.
+ Future Amendments to the Constitution were
! provided for, by causing them to be made at one
: session of the Legislature and referred to the next
after three months publication.
Kamehameha the Good was gathered to his
fathers, and his heir, Kamchameha " came to
the throne as provided for by Article % of the
Constitution, recognizing and holding to it's sacred
provisions, and publicly taking the oath to main
tain them. In time, he too disappeared from the
stage of existence, and Prince Lot Ka~mehameha
came to the throne, as kamehameha V. The
Cabinet was made up as follows; c. c. Harris,
Attorney-General c. G.. Hopkins, Minister of
the Interior; r. c.. Wyllie, Minister of Foreign
Relations C.. de Varigny, Minister of Finance 4:
and these men advised that the King need not
take the oath to support the existing COnstitu-
ton, and plotted for its subversion and the pro-
mitigation of the present Royal Decree, by which
all checks upon the Entertainments of the Exc
cutive upon the Legislature and Judiciary were
swept away, and the people left powerless in fact
if not in theory.
How this was accomplished, is best described
in the language of the Hon. Charles R. Bishop,
then and now a member of the House of Mobiles,
in a speech before the so-called Constitutional
Convention of 1864. After the proposed Consti-
tuition had been read, a motion was made that
the Convention adjourn for six weeks, to enable
the people to consider the proposed changes. and
to advise their delegates. In support of this