The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-01-18

ARTICLE 40. The King shall signify His APP
prevail of any Bill or Resolution. which shall have
passed the Legislature. by signing the same pre-
viouS TO the final rising of the Legislature. But II
He shall object TO the passing of such Bill or Res
o~lution, He will return il, with His objections IN
writing, 10 that House in which II shall have origi-
mated. who shall enter the objections at large on Its
journal, aud such Bill or Resolution shall not be
brought forward thereafter during the same SEES
sion
+ Upon consideration of the proposed amendment to
Article 43 of the Constitution, the House adjourned
until 10 o'clock this Thursday morning.
EIaHrH Day, Thursday. Jan. 10th.
House met pursuant TO adjournment st 10 O'Clock
A. NJ. President IN the Chair. Journal Of previous
day read and approved.
The Committee appointed to reply to the speech of
His Majesty were directed to present the same to the
King.
The following proposed amendment was then
taken up, and psssed-ayes 81:
PROPOSED AMENDMENT
OF Article IS of the Constitution granted on the 10Th
day Of August, \. ID. 1864. in accordance with the
S0th Article Of said Constitution.
That Article 43 Of the Constitution be and hereby
is amended by striking out the words ex oficio, "
and also = in the Legislative Assembly, and sub
stituting for the word Mobiles" the words " in the
House OF, . and they have the right TO be heard in
the House OF Representatives on all questions of
revenue and expenditure; and they shall when re-
quested attend the House of Representatives, and give
such information as may be required Of them"
The House then proceeded to consider the following:
PROPOSED AMENDMENT
To Article Al Of the Constitution of August, A. ID.
1864. in accordance with Article so of said Con-
stitution.
/. That Article ~ of the Constitution be amended
by striking out the words "and the Attorney Gen.
eral of the Kingdom"
' Hon. Mr.. Rice made q motion to indefinitely post
pone.
Hon. Mr.. Carter was of the opinion that it was
hardly courteous to His Majesty, who had suggested
sl;s a~oarlnna,N o., .nlaGr;Nolr ns.H..a l. q J..
without debate. He asked that there might be an
expression on the part of the Ministers of their
opinion. They were responsible for the introduction
of the amendment.
His Elk. Mr.. Bishop said that the principal reasons
that induced His Majesty to propose this change
were that the Attorney General was often needed
elsewhere by the pressure of his legal duties, when
the Legislature was in session. AS far as the Min
listers were concerned, it would be agreeable and
often useful to them to have the Attorney General in
the Cabinet. Another reason has been given (Which
did not seem to have much force to the ~speaker),
was that if there was three in the Cabinet there
would be an odd number in cases of disagreement.
Another reason was that His Majesty might not
always have a lawyer who would be an acceptable
member of the Cabinet, though valuable as an
Attorney General.
ment: "The Kings Cabinet shall consist of the
Minister of Finance, the Minister of Foreign Affairs,
and the Minister of the Interior, two Ministers"
Motion to indefinitely postpone was put to vote
and lost.
The amendment proposed by the Hon. Mr.. Carter
was put to vote and lost.
The original amendment was then put to vote and
carried-ayes 81, noes 4.
The rules were suspended. and the Hon. c. III.
Judd, from the enrolment Committee, reported the
resolution apprOpriating $4,000 for Legislative ex-
penses, as signed by the King. Referred to Com
mittee on Printing.
Hon. Mr.. Carter presented the following:
PROPOSED AMENDMENT
To Article l of the Constitution granted on the Goth
day of August, A. ID. 1864, in accordance with
Article 80 of said Constitution.
That Article l of the Constitution of August Goth,
1864, be amended to read as follows
ARTICLE 1.-God hath created all men free and
equal, and endowed them with certain inalienable
rights; among which are life, liberty, and the right
of acquiring. possessing, and protecting. property,
and of pursuing and obtaining safety and happiness.
Pending discussion, the House took q recess Of
three quarters of an hour.
After the recess the House proceeded to vote upon
the amendment. The ayes and noes being taken,
the amendment was lost-noes 1S, ayes 13. Hon.
Mr.. Carter then presented the following amendment:
That Article 4 of the Constitution of August 10th,
1864, be amended to read as follows:
ARTICLE All men shall have the right, in an
orderly and peaceable manner, to assemble, without
arms, to consult upon the common good; give in
structions to their Representatives, and to petition
the King or Legislature for redress of grievances.
His Elk. Mr.. Bishop said that he would vote for
any amendment that looked TO an improvement in
existing laws, but that he did not believe that this
amendment would serve any good purpose. Article
4 as it stands gives the right to all men TO meet in a
peaceable manner, and the proposed amendment is
unnecessary. The ayes and noes were taken on the
question of indefinite postpoDement--ayes q, noes 10.
Hon. Mr.. Carter then proposed the following
AMENDMENT:
That Article 20 of the Constitution of August Goth,
1864, be amended to read as follows:
ARTICLE 20.-The Supreme Power of the Kingdom
in its exercise, is divided into the Executive, Legis-
lative, and Judicial, and no officer Of the Executive
or Judicial Departments shall ever be a member Of
the House of Representatives.
Mr.. Carter said that in presenting the above
amendment, he was but carrying out the principle
that the three departments of the State should be
kept seperate.
His tx A. F. Judd moved to amend by striking
out the word Executive" If the amendment is
made as sweeping as it now stands it would exclude all
the officials, such as Road Supervisors, School Agents,
Tax Collectors, etc, comprising many Of the best
men in the country. This he did not consider just
or right.
Amendment adopted. The ayes and noes then
called on the original amendment, as amended
ayes "a.
Hon. Mr.. Carter then presented the following
AMENDMENT:
That Article 90 of the Constitution Of August 10th,
1854, be amended to read as follows:
ARTICLE 29.-The King, by and with the advice of
His Privy Council, has the power to make Treaties.
Treaties involving changes in the Tariff or in any
law of the Kingdom. shall be referred for approval
TO the Legislature.
The King appoints Public Ministers, who shall be
commissioned, accredited, and instructed agreeably
TO the usage and laws of nations.
The only change contemplated was that the King
by and with the advice of His Privy Council, , , has
the power to make Treaties. His Ex. A. F. Judd
said that he thought that this was a small matter,
and that the time of the House would be wasted in
considering this matter.-On motion, the amendment
was indefinitely postponed.
Hon. Mr.. Carter then presented the following
AMENDMENT:
That Article 80 of the Constitution of August Doth.