The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-01-04
THE PACIFIC
Commercial Abbertisfr,
SATURDA Y, JANUARY 4.
CONSTITUTIONAL OBLIGATIONS.

The situation brings up the somewhat serious
question Of constitutional allegiance. Great in
terests hang upon the solution. Events hurry on
the decision and the manner of its accomplish
ment.
Two of fundamental law are before
the King elect and the nation, the Constitution
OF 1852, and the Decree of 1864. The one, the
mutual compact Of King and people; the other,
the arbitrary proclamation Of n Chief refusing
to enter the constitutional relations of former
Kings; the one, the binding law of the land, the
other, q fraud, and only existing by force. The
King elect by his manifesto has announced his
position in the elearest terms-'sI will restore
the Constitution of Kamehameha III" The peo-
pie in their own assemblies and at the polls have
as positively expressed themselves in favor of
their own Constitution, which they have believed
in and which they have never given up nor abro-
gated
In these circumstances, the Hawaiian Gazette
has produced this week n labored article entitled
a. Constitutional Government which reads more
like a strained judicial opinion than nm editorial.
It is illogical, and its argument Is uninteIligibIe
save upon one basis, and that Is, the writer's I'M
qualified belief in the legality of the Decree of
1864. IL ia a fat-foOted and hearty support Of
that extraordinary document and against the
claims OF the old Constitution. The writer would
seem to be u deyout believer in the adage = what
ever Is, is right and because the prevailing
sentiment in favor Of a policy promising a better
state Of things may possibly introduce elements
Of danger or expense, he would make q virtue of
extreme prudence, and support the present state of
things Doubtless If the present King elect
.hor..L m - - 4
cree n new one, this commentator on fundamental
law would, after things were running smoothly
again, be able to swallow his scruples, and write
learnedIy upon the disadvantages of permanent
Constitutions.
The idea that the late King might legally
trample upon that Constitution which established
the manner and method Of his succession to the
Throne, because it did not say in actual words
what it Enthusiastically expressed in the general
sentiment Of its sections, is indeed worthy of
that political intuition which says that, '' the
present Constitution is made binding on the sue
cessors Of K~amehameha v. by its express terms,
So that no one can become the Constitutional
until be has sworn to support this
Constitution " as if the support and assistance
of the late Decree were of any importance to
the King elect. How can the provisions of an
illegal and revolutionary proclamation of a former
King, now dead, give validity and strength to a
new reign?
The KING elect has, by guaranteeing the re-
Of the Constitution of 1852, announced
his disapproval of the Decree of 1864. 1t is to
be expected that he will abide by his promise,
either literally or in substance, and under the
present political circumstance and with the
meaning Of the national decision at the polls of
the Ist Of January, it would be disloyal as well
Is indecent 10 urge or expect him to do other
wise
The sensitive conscientiOusness of the Gazette
in regard to the Observance Of Gaths would
'e highly honorable in him, if he had expressed
similar feeling toward the oaths which were I
sworn to protect the Constitution of Z
S52- What made it proper that they should be
freely in 1864? Was it the Decree of c
nat date? Did that give absOlutiOn? t