The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-05-06
JOTTINGs.

Carefully nurtured, into one of no mean ability
as to practically and usefulness.
The war began on Wednesday, (np to which
day little of any importance had been done) by
raising the very pertinent question, as TO the
right of Ministers to vote in the House, which
question will doubtless yet open up a large field
for discussion.
Article 81 of the Constitution expressly de-
clares that the number of Mobiles : shall not ex-
coed twenty" In the present House, if We in
clude Hon. c. R. Bishop absent in Europe, Hon.
c.. G. Hopkins in England, and Hon. P. Y.
Kaeo on Molokai, there are actually twenty-one
Mobiles, and if the Ministers be also included, the
number is Immediately swelled to twenty-five,
which places the popular element actually in the
minority. 1t was suggested in the debate that
the subject be referred to the Supreme Court,
which suggestion Was very properly replied to by
a member, that the House was the proper judge
of the qualifications of its own members. The
Attorney General is reported to have said that
the Ministers were there to represent the King,
as Ills Majesty did not attend in person.
Such a proposition was not inaptly answered
by a country member, who observed that the
King was vested with the yetoing power, as well
as the power to recommend.
During the process Of organizing the House,
hours were spent in discussing the ACCESSIBILITY
of employing a chaplain. This strikes us as the
height of Notwithstanding as to the need
or otherwise of prayer for q nation fading SO
rapidly away, instead of using such time in an
endeavor to devise some plan, In conformity with
a p~rayerful indication, whereby this destruction
of body and soul might be stayed. 1t is strange
There were no members with thought enough to
move the previous question in such a trivial mat
ter, and stop this fddling, while "Rome was
burning"
There has cropped out already a feeling of self
assertion as to the treaty of reciprocity being
allowed to GO into effect, without the further con-
sent of the present Assembly.
At the session of 1874, which ratified such
treaty in anticipation, it may have sounded gen.
erous and perhaps wise at the time but there
have always been those who have entertained
serious doubts as to the constitutionality of any
such antieipatory legislation.
The Constitution provides that all laws or
treaties that affect the revenue of the kingdom,
shall be submitted for the after approval of the
4 Legislature, which could hardly be said to have
been literally the case with the treaty under
question.
On Thursday, the 18th inst, the question of the
right of Ministers to vote was again entered upon,
and formed the main part of the business of the
day. As was anticipated from the previous skir-
mish upon the same point, a very animated and
lengthy discussion ensued, occupying the time of
the House from morning until late in the after
noon. Among the many speeches which were
made against the right of the Ministry, the most
prominent for ability were those of Messrs. Pres
ton and Halstead,-the one in English, the other
in native. Although opposed with some ability
and zeal, the member from Lahaina, in a lengthy
speech full of condensed logic and research, as re-
CARDS precedents, made out that a hard bargain
was being driven with common sense while his
supporter, the member from Makawao, slightly
more rhetorical in his oratory, vas no less dill
gent in his searches into the Constitution to
prove the point at stake. The argument of Mr..
Preston was in substance nearly as follows The
Ministers have no right to vote as MOBILES they
are not Nobles,-they are here to conduct the
business of the government and to answer ques-
tions. They have deprived themselves of power
I by their ownsact, in advising the appointment of
the last six Mobiles.
The question would not have arisen except for
that.
At no period since constitutional government
was established in this country, until now, have
the full number of Mobiles been appointed. Even
Kamehameha V Of The strong hand, as he was
called, did not fill up the number.
The 45th section of the Constitution is clear,
| and it is difficult to understand how two c~onstruc-
tions can be given to it: The Legislative
power of the Three Estates of this Kingdom is
vested in the King and the Legislative Assembly,
which Assembly shall consist of the Mobiles APP
! pointed by the King, and of the Representatives
of the people, sitting together
The Legislative power is there defined. and the
MOBILES appointed by the King, under Section 81,
are the only persons besides the Representatives
entitled to vote. | congratulate the government
on setting forth a better reason for their view,
through the Minister of Foreign Relations, than
that given by the Attorney General on Tuesday.
which vas absurd, and so fallacious and baseless
as to be almost beneath criticism.
The Constitution of Kamehameha III empow-
cred the King to appoint members of the House
of MOBILES, and Section ~ of the present Consti-
tuition declares that the Cabinet Ministers shall
be er o6fci0 members of the Privy Council, and
the ADD Section enacts that they hold seats er
otciO as N05Les.
The distinction is clear. i person may have a
right to sit in the HOuse,-so as not TO be treat
ed as a stranger, -withou the power Of voting
but being IL member of the body confers a far diff
ferent right. The members have been called by
one honorable member " transient Mobiles" but