The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-01-25
TIE PACIFIC
Commercial AOOertlstr.
SATURDAY. JAN. p.
CONSTITUTIONAL AMENDMENTS.

Less than u decade Of years has passed away
since the nation was ruthlessly despoiled by the
hand Of despotic revolutionary power Of its free
Constitution. and to-day we see the peaceful pro-
cess Of another revolution, bringing back to q
rejoicing people the rights u which they had
been bereft. while those who c0nspired against
their liberties are either passed away beyond
human censuTe, or live on IN deserved obscurity
70 witness their own condemnation in the severe
logic Of events. The Decree Of 1864, against
which we have battIed in this journal through
the almost hopeless years that have past, is viz
tually no more. An enlightened Legislature, at
the instance Of a King Of the peoples choice,
has, with remarkable unanimity, in a few short
days reversed the obnoxious restrictions Of the
Decree, and restored the main features Of the
Compact of 1852.
For a better understanding by our readers Of
the nature Of the amendments to the organic law
which have been adopted by the Assembly, and
which are to be submitted for final action to the
legislature Of next year, we recapitulate them
here.
Article 90 Of the Decree provided that in order
to entitle a person to vote for Representative, he
must, among other qualifications, . be possessed
Of real property in this Kingdom, to the value
over and above all membranes Of one hundred
and fifty dollars-Or Of a leasehold property on
which the rent is twenty-five dollars per year
or Of an income of not less than seventy-fve dol
lars per year, derived from any property or some
lawful employment" All the foregoing between
the quotation marks is stricken out, and the only
qualifications required Of n voter are that he
shall be Of age, domiciled in the Kingdom for
one year, know how to read and write, (f born
since 1900 and shall have paid his taxes. This
is free suffrage, as established by the COnstitu-
ton Of 1852.
The Legislature has been restored to its
original form of two Houses, which, as well OBJ
served by His Majesty in hs Message to the AS
sembly, is in accordance with the principles
and practice of all well ordered governments"
Whenever the King shall disapprove Of any
bill or resolve passed by the Legislature, he shall
return it to the House in which it originated,
with his reasons for such disapproval.
Ministers are to be allowed a hearing in the
House Of Representatives on questions relating
to the revenue or expenditures, and shall attend
for the purpose Of giving information when re-
quested 50 to do.
The Attorney General not to be a member of
the Kings Cabinet. Our views on this amend
ment are substantially the anne as those ex-
pressed by our correspondent 'Lima of last
week.
Members of the Judiciary not to be eligible to
election as members Of the House of Represent
atives. The amendment as introduced, excluded
members OF the Executive as well as of the Judi
ciary, but it was opposed and defeated on the
extraordinary ground that the best men of the
country were the oHice-holders-a statement
which unfortunately is not borne out by the
facts. However, it is an important step in the
right direction, to exclude from the making of
Lowe tha judges NH - = - --ooute them.
BY the Decree, any judge of the Supreme
Court or any other Court of Record, might be
" removed from Office on a resolution passed by
two-thirds of the Legislative Assembly, for good
cause shOlOn to The satisfaction of the King"
This left the tenure of office of the Judiciary on
a very uncertain basis, and was calculated to en-
tirely destroy its independence. By the amend
ment as adopted, these judges may be removed
from Office for mental or physical inability, by
a concurrent resolution of two-thirds of both
Houses Of the Legislature, approved by the King.
The judges of the Supreme and other Courts
of Record are appointed by the King, By and
tih the ddUiee and consent Of The PriUy Council,
the words in italics having been added. As we
have before had occasion to remark, the aim of
the Decree was to centralize all power in the
King-the Privy Council was merely an orna-
mental affair.
In place of Article 70, which simply provided
that the Assembly votes the appropriations based
on estimates furnished by the Minister of Finance,
the amended article reads that all measures for
the raising or expenditure of public moneys shall
originate in the House of Representatives. Thus
Is recognized, or rather restored, the prerogatiye
Of the people to hold the strings of the public
purse, as in all governments other than absolute
monarchies.
The foregoing resume contains all the amend
ments passed by the Assembly. The dispatch of
business by this body is something remarkable,
the whole having been accomplished within five
working days, and fully entities them to the
compliment from His Majesty, of "a model
Legislature"
To one of the Honolulu delegation, 1.-THE Hon.
Mr.. Carter) belongs the credit of having intro
duccd several of the most important amendments
that have been adopted. Some other proposed
amendments brought forward by him, of less
practical importance, were rejected.
In conclusion, we may honestly say that the
late extra session of the Legislative Assembly
has been in all respects a very satisfactory and
profitable one 20 the country. For this result,
however, the people themselves are to be credited.
They first chose their King on the declared plat
form OF n restoration of constitutional rights,
and the Assembly has merely been the instru-
ment Of giving form and shape to the expression
! of the will of the nation