The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-05-13

Mr.. EDIroR There has been considerable dis
cussion in the Legislative Assembly upon the consti-
tutional right of the ministers 10 vote upon questions
coming before the House.
The advocates Of this right rely upon the latter
clause Of the Add article Of the constitution as clear
ly conveying this right as well as others pertaining
TO the legislative rights and duties Of the mobiles.
This clause of the Add article reads as follows:
1.-THE ministry hold seats Elk oFFIcIo as mobiles in
the Legislative Assembly"
The plain meaning of this clause is that they are
clothed with all the legislative rights of the mobiles
none are excepted. If 80 it would have been ex-
pressly stated. When we see il stated that the Brit
ish ministry are required TO have seats in the par
lament in the one or the other house, the word seats
In both cases means the same, and conveys the same
idea Of the rights which the parties alluded to
possess.
We have no more reason to exclude them from
voting than from talking, and their rights are in no
way made dependent on the number Of mobiles. The
rights Of the ministry remain the same in the House
whether the mobiles number one or twenty. But be-
sides the plain meaning Of the language, which is
not abridged or modified by any other article Of the
constitution, the whole Of the acts Of the grantors Of
the two constitutions have conformed to this plain
construction by signing laws which they must have
known to be illegal, if the assemblies which passed
them were made illegal, by the action of tbose who
had no right to act. So the advocates Of the rights
Of ministers in the Assembly can give 10 this clause
Of the Add article Of the constitution, no other inter-
probation than the one affirming them, as the Ian
guage itself plainly implies and which is clearly con.
hrmed by the subsequent long continued acts Of the
grantors.
AS to the ministers representing the King 10 the
Assembly. they do not certainly represent in any
wise his personal prerogatives, which are confined to
calling and proroguiDg the Assembly and approving
or rejecting the laws which it may have passed, but
in one sense they most clearly represent him. They
sit there by virtue Of the position to which he has
appointed them, and they old this position only at
his pleasure. 1t is a part Of their duty to represent
in the Assembly the policy Of tie government of
which His Majesty is the head. If they fail to do
this or act contrary to it, they must Of course expect
to be superseded by Fome one who is 10 harmony
with the views Of the administration Of the King. II
they cannot support his measures or persuade him to
change them, they nu2t resign and yield up their
seats, as certainly as the representative who defes
his constituents must expect that he cannot again be
elected, with only this difference, the representative
will serve through the session whilst the minister
can be summarily rejected by the King.
Thus the ministers IN an important sense do rep
resent the King in fact, however we may object to
the doctrine in theory, and their legislative functions
are the same as those Of the mobiles. The mobiles can
only be unseated for disorderly behavior, however
they may vote for or against government measures,
but ministers nay be unseated at the Kings pleasure
however decorously they may cOmpOrt Themselves.
II seems clear from the foregoing that the minis
tiers are entitled TO vote, aud also that 10 a certain
and in an important sense they represent the King.
Kamehameha V had bat fourteen mobiles il is said.
Other reasons than reserving seats for ministers may
have influenced him, but if ministers are not entitled
to seats on other grounds, any such reservation could
not have given them the right for which no provi-
sion is made in the constitution, other than ia the
AID article, in which it is full and unrestricted.
One thing however should be remembered by min
isters, mobiles aud representatives, and that is, that
they assemble to legislate for the common good, and
what is really wise and good for one, is good for all.
King, mobiles and people alike; THAT Is bad for one
is bad for all, and the common good is what they
are bound to seek. If they fail in this hey fail 10
their duty whether they be ministers, mobiles or rep
resentatives. z. T..
I'VE are requested by cur correspondent above to
cay that in his communication, the word seats"
used u reference to the British members is only to
illustrate the meaning of the same uoord in the 43d
article Of the constitution, as he is aware the British
ministers hold seats by right Of peerage or cleo
tion.-ED