The Hawaiian gazette., 1879-02-05

Aotc Noett, " @xN ItctatcS tAc<VN,a ava - IVE
the anecaose about the eastern Judge ard
VIA; was said u hsaa by writer At tAe tSMe.
i Sagsee& 10 p&rs Il the substance oE the ar
sieles hat was rseSely plavEelQ inteypolasea,
10 poSat the moral eoa,sStsea ia the article,
which was, tha. Jeages With AL their legal
ar& literary lore or the brightest Of SatellecsS,
were AFTER all bus men. and therefore liable
70 egr like other men, because hey are human,
Srsa hence ~ contempt was oosamitted. for
Aus sss ssssSs 's.s ssasssSsssss sses
As& assAse ssrsas So
Ner was there sny design 10 rSaSeale aud
held az 10 eppSohsem the said honorable Sa-
pgea,s Court. or any aeseber thereof. by the
publication II ths article ii the I'D vi laa0-
airy, aud that We woalG take tins Opportunity
70 purge ourselves Of the eoase,aps inpuls>l
20 es by The hesorable Court, We also stated
that, having p-scsieed AZ the har Tor forty cid
years IN the several Courts ef the United
States, we Thought we knew what measure Of
respect was due 10 the judicial erraine and those
who wear II woyshily, and that We would not
stand aside for any man in our respect for
Courts Of Justice
81. That as an editor Of an independent
newspaper, we had right 10 write, pyins and
publish our conscientious sentiments upon all
subjects, and thar that right Was guaranteed to
every eisizeo Of the Hawaiian kipsdom by
the 81 Article Of the Constitution Of said King
dom, ard thar every DSn had the same night,
brt especially an editor OF a newspaper. whose
duty 1t is to keep the public advised Of everv-
thing that in his Judgment might affect the
rights, Liberties and wsll-heias OF the Kingdom
and the people, for Goins which in respectful
language. no man can or ought TO Be adinisei
-.
rrittsd hv rs And Just here we will remark,
parenthesically. shat whenever contrary doe
triue prevails IN this Kingdom. aud their
exercise the power they claim in this in
stance Of Furnishing, as for contempt Of
Court. sn editor Of newspaper for the
Conscientious expression OF his opinions in
respectful language. it will De sorry day for
the people OF this Kingdom. Ii such latitude
can be conceded 70 tue Supreme Court, from
whose decree, there is no appeal in this King
dom. then what IS 10 hinder the honorable
judges Of the Supreme Court at any time, if
they think proper TO do SO, 20 issue decree
suppressinS the publication Of all the news
papers in the Kingdom heneeforth and for all
riureS Aud thus sxtinguish she last rSy Of
hope Of the people TO resist any iufraction Of
their personal rights aud liberties, through the
only peaceful medium, namely, free and in
dependent press Such are the views we en-
tertsiu as suggested by the proceedings in the
case we are speaking Of. and such results
might happen even here. Whilst il is no part
ct our present purpose to attribute such ultra
measures 10 their hoUors the Judges Of the
honorable Supreme Court, as al present con-
stitutej. but who can tell what might happen
in the future. if such dangerous precedent is
10 De settled for the guidance Of other Judges
who may occupy the places Of the present
Supreme Court?
In all we have said in the foregoing article,
we desire 70 be distinctly understood as being
devoid Of any other feeling than ieep-rOoIed
sense OF Justice aud right, in which every man
IN the Hawaiian Kingdom is as much interss-
ted as ourselves And while we recognize 70
the fullest extent the night and power OF Il
Court 70 maintain ard protect Its dignity, pu-
rity and Independence, even 10 the exercise Of
summary proceedings, when either are IN
justly, wzntonly or Hlalicioasly ass&iled We
cannot, and viii not for moment cuucede 10
any Court The right or power 10 charge and
punish for contempt an Individual citizen for
exercising his lawful calling within the bounds
Of his constitutional risht-to write, speak or
publish his sentiments on all subjects; aud in
phSticalIy declare, here and now, that We
hold the constitutional rights Of the citizens Of
the Hawaiian Kingdom in such reverence that,
as the editor Of ~ independent newspaper de-
voted 70 Hawaiian progress and the rights OF
the whole people Of said Kingdom, we will
defend those rights when msn2ced, no matter
I from what quarter the danger may come. That
we can neither .'be awed BY influence or bribed
{ by gain, or inundated by threats, or the
Z fear Of punishment; or for = moment dryeni
fTuu cur resolved purpose, to exercise our
rights Is 4 freeman, IN defence OF the Govern
usnr and the whole people Of the Hawaiian
Kingdom, bat that we viii exercise those So
crsd rights az Sll times, and under all circum-
stances, regardless OF denunciatiOns from any
/ quartet Il only remains for Us TO append
/ the following remarks Of his honor the Chief
/ Justice Of the Supreme Court, addressed 70
Us after the recess, for which we are indebted
/ 70 The p C. -4ErsriLSs- Of Saturday last His
h0r0r made the following remarks:
I Ne MAcDsEELL-YGz have said taAs, n the AZ
ticIs puhIsks zh6:h Il the subject Of this proceed
IzE. ysu e1Es iussu1s1 6isrsspses TO the Court,
All Ia4-, L yG1r Irris be construed properly, lear
izE s1s the Iasc93ss rss1riIns the Pennsylvania
Judge. Ehieh ysa ch4rsessrEs playful aad irrsls
I TazE, 10 say Ek4E Il L iisrssFsssf-l-
Yen q tlrt1sr and say, that ygg regret, thai
any Gzs shg1IG hare zEfsrSE1ei Il as tisresp<eEfz
AMI that ye1 ylsli 70 IN showing respect fol
jzti-ill 1ztaeriry and that you have iussadsd and
% Tzzz1i 3isrssPzes far the Cgzrs 4Hy usnb s
I az the CGErs a-t that yea desire and Ictsnt Il
p1-gs gsz-sslf u Izy sluts0ps EhEG.oeVsE- II this
VEG Fave dane well Il tue, teEs, II you auStrzc
the zs-3srs that ttsrs Z eeu.sGps II your Arr
cs- Bot yg1r verbs, IhAE s.az E1sI- setsi l1i sGt
/ 5sa esaags h1s cone ever the CtsassIIsr Ani hi
Associates, the eoEstrucCisa q the lAE II ggss
t5sc, 6eclzza the s5cssr1cri1u Of the lAE had
before hesz Submitted u TIE CoGrr. mistake o.
f1-t CT ycgr r1r. All nay be passed over ne Al
. se;zca .anztIrEsez the sraEs1sn q the o5saee- /
I aFPsarzi u Is mtsutisc . izVzts % til
CoGrS szeh ss1Eins1tz and acts win isriEsEsss
ss1tszcizg Ferzsos zaisr repealed stlt4Ess, hen
csrrIiz azG E1ri15ie = the IiJzin-aei1z the
II=s 1at a1s suzId hardly thiak GI5srsaty II
rsafiag the ssaseses tss sirazg= csssTsTy rsn1isi
q c1zs. s-s-" aaG Elsz prssss.ing relate III
Izsei4rs ahsas Judge PIrs9as-
BE= We Eass-zrI1d ysu tiselaia usz in spsE
CS1rE laz- rhsrs = aay pL-aDs IN tasse eases an
! II PEA saaI state LEat Il pablle = RAaEsr IL
1rTneis tIz teen pz1iisasi. s1sGl1 eooEH1Er ysS
Is F1rz.i CT the -szteaPt-
We q EsE asli fsr L aszszt. that Ezy actin i
rais Gezr- cr 1zy fseizisz 81 rkis C1Gr., Rot
z15:set af Just erici.is1 fsr the prseesii1Z =
6=a "a shs PRESSES y PespIs ard for thar 6sas
t. Or tsei-5szz are zzssc- % ersi-is1, not cal!
tG=Ir laE, s4E sEs1 rhsr es1zFsEicion ard 1o1
Ct zs1.zzszs5 Ezt rhsss VIA urisEr.ss eriricis'
s-s1f Re Of Sh%ir Errzzs a1d st4ts aes1rztsl.
tae fIstE azd writer's II pGhli: usgEFap=rs nay ns
azrrIsgrs Eat aYF4-saE EPzn TIE face Ct III
tsclsszs- izi1lge II PsrzsnaI ts1zzsiAtis1., 0
-EscriEzss lss-A.z fL-tss trzsesry CIR escls
Z lszsy AID We kEEnk tEak a-y pe-sa1 SEs undertake.
u erlrss s101f3 se gz.e s-rs q 1is eozP@tssey .
70 d. zas ezIE tE hang Erz az Ia rts, bzr 81 L d