The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-03-02
The Hawaiian Government.
hAMEHA3lEHA X

AL6 ~ dHEfaAdAENH AAhC BGEI IICcCIht4. NlIlit
the realities Of which they were the natural ex-
preston have been taken away 50 that, at least,
these outside features of the Government have
become significant Of nothing, and only hurtful,
from hiding the truth from the public notice.
Thus, at first sight. we appear to the world as a
constitutional monarchy Of a popular cast, with
the three estates distinct, with proper guarantees
for public liberty, an Independent Judiciary and
the people represented in the Legislature as one
Of the controlling influences. But, on close ex-
animation, it is found that a legislature as a dis
tinct estate from the Executive, and with any
powers or rights as a controlling influence in the
Government, has no existence here and that the
Constitution, which thus fences out the people
from their rights. is a royal proclamation which
has superseded a previous and juster Bill of
Rights, and which is most carefully worded to
concentrate all the power of the Government, as
far as possible, in the King. 1t is a kind Of iron
clad creed of royal politics, and might appropri-
ateIy open with the confession we believe in the
Divine right of Kings" this being the burden of
its eighty articles.
The Judiciary remains, in theory, somewhat as
it was under the late constitution, and, with the
code of laws, forms the only check left in the gov
eminent to encroachments of the executive,-the
only guarantee for the rights of the people re-
naming. But even if we regard the present con-
%stitution as possessing any stability, and not a
mere royal order, to be dispensed with or ex-
changed for another when such an arrangement
may happen to be convenient, even then the po-
sitiOn of the Judiciary, as an independent tribu-
nal of justice, has been seriously affected by the
new conditions. In the late constitution, besides
the liability of the judges to impeachment, it was
provided, " that any judge of the Supreme Court,
or Of any other court of record, may be removed
from Office for mental or physical inability by a
concurrent resOlutiono Of two-thirds of both branches
Of the Legislature, "a sensible and necessary
provision. The present Constitution. besides the
liability to impeachment, provides " that any
judge of the Supreme Court, or any other court
of record, may be removed from Office on a reso-
luton passed by two-thirds of the Legislative
Assembly for good cause shown to the satisfaction
Of the King 1t is not difficult to see in this
measure danger and prejudice to the dignity and
independence of our law tribunals. In case of a
judge becoming Objectionable to the executive, the
necessary twO-thirds vote could generally be OBJ
tanned in the assembly, Judging from our past ex-
E3 'S 6DCN NNNcC DNAh1 a.
the satisfaction of the King what that means
would depend a good deal upon who happened to
be the King. To tell the truth, this proceeding
is a rather snowy and complicated one for doing
a very simple thing, and it is highly probable that
the next Constitution will improve in this par:ic-
ular, and provide - that any judge of the Supreme
Court, or any other Court of record, may be re-
moved from Office by the King, for good cause
shown to his satisfaction, - or better still, " at his
pleasure This indeed has a frightful look, but
the present provision, stripped of its feathers, is
little enough different from it. 1t is well for us
to look at things as they are, not as they seem.
The importance of this matter, or of anything
tending to impair the independence of our law
courts, cannot be overrated. The supremacy of
law is a high and peculiar guarantee of personal
liberty. If that is destroyed, the sure result is
either despotism or anarchy. Despotisms are
naturally hostile to the supremacy of law.
Liebcr says, q All absolute governments, whether
monarchical or democratic, have ever found the
regular course of justice inconyenient, and made
war upon the organic action of the law, which
proves its necessity as a guarantee of liberty
This is illustrated by the history of our Govern
ment, which, in its decadence from the liberal
and popular character Of the last two reigns to
the absolutism of the present, has taken such
positive measures to affect and limit the indie
pendence and stability of our law tribunals.
The assumption of despotic sovereignty at the
beginning of the present reign, marks an inter
esting and important era in our national history.
The Hawaiians, when first discovered, were liv-
ing in a state of elaborate feudalism, closely
analogous to the Geudalism of Western Europe
during the middle ages. Kamehameha First, a
successful feudal chief, by genius and ability, and
aided by the generous foresight of his rival,
Kaumualii, of Kauai, FASTENED the development
of civil institutions, and united the different
tribes under one Government. From that time
the civil institutions of the country steadily and
rapidly improved, developing in the reign o.
Eamehameha Third, from the necessary imperial
ism of Kamehameha First, a constitutional mon.
archy, founded upon liberal principles, with
guarantees Of equal rights and public liberty
and affording opportunities for the greater de
velopment of popular Government in the future
The civil prosperity and promise Of the nation
under these conditions, was most encouraging
The Government was strong within its own bord
ers, the people were loyal, and the nation wa:
everywhere respected for its success in good GOV
eminent.
The unnecessary adoption of imperialism il
1864 was a serious blow to the civil prosperity oil
the nation, and to the previous strong and sym
metrical character of the Government. Upor
what plans this change was founded, it is difficult
definitely even to s%urmise, so little has come o.
1t, except loss and damage to the people and un'
popularity to the projectors. The Government
is weakened in its own dominions, and not a par
ticle of renown or glory has been gained. II
shapes itself to the world as an ignoble failure
As a public disaster it is difficult to measure it;
full import. Trade may go on as usual com