The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-06-03

AFNA AaAH n 80 A1AH
what was going on. I now congratulate myself that
that member l. perfectly quiet. The Minister him
self sppears 90 have changed altogether Va disposition
from wha, be vas. We usei 90 know him as Kind,
obligiug and benevolent. but he 10 uow harsh. aThl-
trary. almost I~r-potic; caa u b. that the heavy oni-
cial duties and iabora o. the last two yrars Ia pro
ducing this treaty have unsettled bis BRAIN nope
not
In his speech yesterday che Minister quoted q let
ter from himself 20 the Judges Ct the supreme Court,
asking their advice on the subject Of The Constitution
In relation 70 the treaty, add gave the Judicial repy
that nc further legislation In the matter was neoes-
sAry. everything bad BEEN done that Vas required
Mr.. Chairman. IL IL the practices Of the gentesnan 10
seek 20 throw the ministerial responsibility on othcr
peoples shoulders; he has several times Auemptedto
DO so In the PHvy Council. but has been told no
could not divest himself Of that responsibility. ~ be.
longed 10 the executive and the fufy Souneh han
nothing 10 DO with H. On the last occasion when
$1,000 III believed was asked Cor by him for sending
goods TO the United States centennial exhibition, h
reluctantly gave lis approval; bat that ~ OF no scr
vice 70 Ministers. they are still Responsible 70 ON
the present occasion be has exhibited 10 THIS Assem-,
bly, papers which / suppose are copies OF INC rear
documents. bat they are Of no service % the Minis
try. Ministers can not shelter themselves behind
the Judges. they must bear their own responsihtity'
II they have been badly advised. % much the worse
Tor them, but that is their own affair, they need not
have taken the advice nor can they plead that AZ an
excuse for their own uncon stitutional acts Al tha'
they have succeeded Ia doing is 20 lmPiicate 'he
Judges. not 10 exonerate themselves. Here 1 may De
allowed to say. Mr.. Chairman, that when gentlemen
have proposed in this Assembly 20 apply TO Judges
Of the Supreme Court for advice. | have been sorry
TO hear such a suggestioni there rs no occasion LOT
this Assembly 10 consult those gentlemen nor should
il DO soto follow their advice when given. tbs
Assembly is the judge Of its own acts, but u must be
careful 10 keep within proper constitutional pounds'
The Judges Of the Supreme Court Ina this kingdom
are politicians. Not only are they judges and poll
ticians, but men Of business as well two OF them
have large interests in plantations, and u 10 always
possible that these interests may interfere with theit
judicial duties. They have liberal salaries. nnd ~
would certainly be proper that they should abstain
from entering into competition with The c0tnnefoial
part Of the community. The Judges certainly neither
do justice 20 themselves nor the rest OF the commu-
nifty when they embark in these large speoulations'
Here is a case in point. Il 10 notorious that the
plantation belonging 60 the Chief Justice IL deeply IA
debt, and that that one Ia which the First Associate
Justice is interested 10 not 30 prosperous as no might
desire. The Minister says that he has strongly urged
the members Of this Assembly to support the Consti-
tuition; but he blows hot and cold with the same
mouth. In his printed speech o. Friday he says,
80 There are times when even the Constitution sinks
into insigni6cance." Precisely; " a poor kanAka TO
gain twenty-five cents by selling q case OF SPIRITS
II he dares TO pluck atwig from the sacred tree-then
the Constitution can not be violated with impunityi
the eulprit must be fined Eve hundred dollars; but "
IL be a minister or judge Of the Suproue Court who
Is in trouble, that Is a different matter altogether
the tree is In that case 10 be torn up by the roots, its
fragments scattered 10 the winds and trampled under
foot. by the 29th Article Of the Constitution II IN
provided that treaties involving charges In the
tariff or Ia any law Of the kingdom, shall be referred
for approval 10 the Legislative Assembly" IL In
well known that the treaty In question was not re-
ferred for approval 10 the last Legislature. hut say
the Ministers, something else has been done which
answers the purpose. ] say nothing oan be done but
to comply with the requirements Of the Constitution.
Hon. MIR Castle called attention 10 an article which
according 10 him would settle the matter. This IL
the G9th Article. which provides that "ths decisions
OF the Supreme Court, when made by a majority Of
the Justices thereof, shall be final and conclusive
upon all parties" To this / oppose. "Article 10.
No person shall sit as a Judge or juror In any case
in which his relative Is interested, either as plaintiff
or defendant, or In the issue Of which the said judge
or juror. may have, either directly or through a rel
alive, any pecuniary interest" What stronger pc
culinary interest could judges possibly have In any
thing than in the passage Of this Treaty which IL TO
save them from possible disaster, al all events 20 put
money in their pockets.
| know that several Of the plantations are Ia trou-
bic, and no one sympathizes with their owners more
than ] nobody would 90 further or do more 10 help
them in any reasonable manner. II you ask me-, Mr..
Chairman, why / oppose the passage Of the Treaty
without referring IL 10 the Assembly, I say because 4
consider there is something worth living for Of vast
ly more value than either sugar ar dollars, and that
is honor. II a man lose his honor he loses his all.
IL 10 only a few short weeks ago, that the oath was
administered TO me In this hall, by one Of the Judges
now present, to support this Constitution, and lido
not intend TO violate my oath II | know Il. have
by introducing this resolution thrown the response
bility OH my own shoulders; IL rest. Jon the Assem-.
bly,, which can act ne II pleases In the matter.
Ministers say this resolution takes them unawAres,
they have had no notice and ought not 90 be taken
at surprise in This manner. / say, Mr.. Chairman,
that when they announced 10 this Assembly their in
tention to proclaim this Treaty as soon az Il was re-
ceived, they ought at the same time 10 have been
prepared to support so unconstitutional an net; but
when the news was received that the Treaty had nc
tually passed the United States Congress-. 4 tben.
without consulting any one or being urged by apy
one either IN or out OF the Assembly, considered that
II was high ,ime TO endeayor to prevent II possible
the proposed violation, and introduced the resolution
accordingly.
The Minister said yesterday that this is twice tina,
have endeavored 10 eject him from Office. 1 say.
Mr.. Chairman, simply that that remark "a not true
and the Minister may take this statement Of mine 10
the Judges Of the Supreme Court, and no doubt thew
will be able to persuade him that IL ~ highly omplE-
| have one charge moro 10 make against the Min
ister, and II is n very grave one, nothing less than
giving to the world a mutilated document for a COM
plete one. There was n COMMITTEES Of Eve Of tbe
slgners Of the now notorious memorial who presented
70 the King and the reply read by him was aiten-
lively listened TO by all Of them. The reply was NOT
handed to them; but when they saw published in the
papers ss this reply a document which certainly laok-
ed q sentence relating TO Ministers themselves. their
surprise may be conceived. There was no mistAke
in the matter. They all saw each other and con-
versed on IL. One Of the gentlemen besides myself
IS now In the house; but in order that II NAV be fully
proved ] now ask the Committee In its report 20 the
Df investigation.
The Minister elegantly said yesterday that he had
head In Chancerv. and all that he had 10 DO was
give IT a good pummelling-which however he
YOU'D not DO My head possibly may have been Ia
hat uncomfortable position yesterday, but hs Ger
tainly 10 in a much more distressing one to-day.
Before sitting down, Mr.. Chairman, / will caution
he Minister on a subject on which 1 called him 10
'rder yesterday. lie said he asked the King for per-
mission 10 give me leave To tell the Assembly What
lad happened in the PTiyy Council, and the King
lad granted that permission. Now there was no oo-
.asion to AK the King anything Of the sort, ana
"a aetlng IN that manner are only proyid-
ng future trouble for themselves and their sueeess-
RS. The King ought TO have no private opinion on
business matters apart from his Ministers, and any
btng suggested 70 him 70 the contrary will have The
'Hect OF giving him a false idea Of his own position
md power, aud most certainly lead 70 trouble aud