The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-01-11
Communicated

The leading article in the Ga-eite of last week is
an effort, by an argument derived from the history
Of our Constit ttions from the time of their first
crude origin and departure from absolute autocratic
control over life, liberty and property, 10
show that the only safe and Legitimate beginning OF
the new reign aud Government, is by and through
the Constitution of 1864 This, even If spurious ia
its origin, must be sworn to by the Sovereign to give
him legitimate status. In order to reinstate a Con-
stitutiou, never legally abrogated, he must subscribe
to one that was never legally instituted. We thiBk
the propositions by which this conclusion is reached
do not in the least warrant it,-quite the contrary.
Beginning with the recognition by halnehameha ILL.,,
in 1889, of the natural rights of man, this good King
grants u Constitution (1s4O) "not to become final
until ratified by the people, which was never done"
but though not finally compacted, it brought into
existence a House of Representatives of the people,
thenceforth TO constitute one of the three members
of a Constitutional monarchical Government. And
a Legislature so constituted, il was, which, with the
King, passed the organic Acts, which gave our Gov
eminent substantially its present shape, and which
in 1852 discussed, received and accepted THE CoNsTI-
TUITION. From that time, it was considered n COM
pact, not to be varied by the arbitrary act of any
one party to it, King. Mobiles or people. II contained
ample provision for its own amendment, by deliberate
consideration and consent of the parties 10 it. and
in that prescribed mode, it was several times amended.
Kamehameha ", u man of fine mind and Of high
princely culture, took the throne without n question
of the binding force of the Constitution upon the
Sovereign, and as a condition of the Kingdom.
Never until the accession of His late Majesty, was
IL OuON lbhb NhN hihS VIM " AZ hAAOtNp hcNA
it with and by the Constitution. By what ~sophistry
of argument and by what outrage to the obvious
obligation of the compact, il was then claimed that
it was optional TO the Sovereign to take or to reject
this Constitution, we oil ememb as If but yester-
day. But it was even then admitted by calling a
convention of delegates of the people, that 1t was a
compact of parties, not TO be revoked or modified ex-
cept by consent of both. How, under that adnis-
sion, was it defensible in one, the stronger party,
when new terms could not be made, to nnnul the
compact and Afterwards give another, such as he
pleased? This act never was legally defended. 1t
was an act of power which might well have been
responded to by revolution. That it was not so
answered, does not affect the character of the act,
neither does the silent consent of a few years con-
done, adopt and ratify it. The people, taking
what they could get, elected representatives who sat
and enacted Statutes under this Decree. While not
specially disturbed in their private pursuits, and
while the ordinary law was administered as usual,
there was a certain acquiescence,- the consent under
moral duress. No one was willing to hazard life
and fortune in heading an attempt to regain political
rights. But such an assent, for the brief period Of
the late reign, cannot be claimed to have barred a
whole nation of rights. If in law an undisturbed
occupation of real estate for twenty years is required
to bar old rights, surely nothing less than the life
time of a whole generation will be sufficient to pre-
scribe national liberties.
We take issue with the proposition that now, at
this day, the rights of the Hawaiian people are in the
arbitrary gift of any chief or any king. In adopting
a civilized polity in form, its principles have been
adopted, forever and irrevocably.
says NatteI IA good prince, q wise conductor
of society, ought to have his mind impressed with
this great truth, that the sovereign power is solely
entrusted to him for the safety Of the state and the
happiness of all the people.
"The prince derives his authority from the nation.
He possesses just so much of it as they have thought
proper to intrust him with.
When the sovereign power is limited and regula-
ted by the fundamental laws of the state, those laws
show the prince the extent and bounds of his power
and the manner in which he is to exert it. The
prince is therefore strictly obliged not only to respect
but to support them"
Quotations to this effect, of acknowledged authori-
ty in all civilized governments. might be made to any
extent.
This doctrine that the king is for the people and
not the people for the king, is fully recognized in the
initial proclamation of our new sovereign. He sub
nits to them himself and his principles, and the re-
spouse is overwhelming in its loyalty to him and in
ratification of his declaration for the Constitution Of
1852. We cannot believe that if he had issued n
manifesto ~pledging himself to maintain the Constitu-
ton and reign in the spirit of the late government,
we should have witnessed this suspicious welcome.
Yet we do not desire to see this Constitution restored
by arbitrary authority. But these represent
atives now assembling, howeviy elected and how
ever sworn, are enough the Representatives of the
people, and come here fully enC5gh instructed to
take some speedy action, in concert with the SOyer-
eign, for bringing US back to legitimate ground.
Once upon that, the few needed amendments 20 il
can be made but let US not lose the vantage of
conservatism let US start from this never abro-
gated compact.
The Civil Code and the Penal Code. which form
the body Of our statutes, were enacted under or prior
to the Constitution of 1852, and it would be far
less disturbing now to revert to it, than to begin by
a temporary ratification of the present. Let a wise
and prudent legislature at once consider how they
may best accomplish the wishes of the Sovereign, and
of the whole people. -