Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1880-09-18
SATU RDAY PRESS.
SEP TEWBER ls, 1880.


"a GREAT DEAL has been written and said
lately about Constitutional Government" says
the Ad1ertiser, and we propose to write few
more words on The same subject.
We have never suggested that on the recent
appointment of new Ministry, the King has
acted in contravention of the rules laid down
in the written Constitution Of the Hawaiian
Kingdom, or, to quote the words of the
Wednesday,, has not :" kept within the bounds
of his prerogative." Our position is this,
that a Constitution consists Of unwrtten as
we'll as of written laws, and the latter may
be strained to tension pernicious TO public
affairs, by any sighting or infringements of the
former. The United States possess an accu-
ratey defined and stringently adhered to
written constitution, so do most countries in
Europe, so does Hawaii. But suppose it
should please the incoming President Of the
United States to bestow a secretaryship of
state on Mr.. Dennis Kearncy or invite the Rev.
Mayor Kalloch of San Francisco to take the
control of the financial administration, would
not the people of the United States fall back
OH that unwritten element of their Consttu-
tion called Public Opinion, and demand the dis
missal of Ministers so obnoxious to public
tastes and wishes? Suppose the President
of the French Republic, who by the way gov
erns by Parliamentary majorities much after
the fashion Of tho British Sovereign, suppose
he was to distribute the portfolios of the great
State officials, amongst passing by adventur-
crs and people unable to gain, or to hold pub
lie confidence, n local preacher or what not
would not the French people make their
opinion known, and demand compliance
Suppose the Sovereign of Great Britain we're
peddler available, or stray Malay seaman
from the East India docks, how long would
that administration stand ? We do not contend
directly that any action is unconstitutional,
because it does not conform to the British
model?" We do not seek to show that in de-
parting from British precedents, Hawaiian
Sovereign has done ill but we do maintain
that of late years and more especially of the
last few weeks, HAWAIIAN precedents have
been dangerously departed from, and that uni
iser says truly ''the Constitution of Great
Britain is the growth of long years, during
which the popular rights it secures have been
fought for truly again" the Constitution
of the United States followed a war for Inde-
pendence" What then n-did the trainers of
the Constitution Of the United States disdain
or decline to follow the precedents afforded
them by the years of struggle of their own
forefathers in establishing British freedom
BY no means, the laws of the United States
run very much in the lines of the English
laws of which they were avowedly the off
spring merely adapted to necessities, local
or more or less temporary /; they are so similar
in the present day, that legal decisions and
precedents established by the courts of the
one country are habitualy quoted in those of
the other. The Constitution of the Hawaiian
Kingdom is based on those of the United
States and Great Britain, wisely incorporating
a sufficient provision for the old Hawaiian land
customs and what may be called fendal rela-
tonship between land owners and their tenants
or purchasers. A great deal of this law comes
under the head of traditional, oral, or unwrit
ten law, 80 also does the changes of Ministers
and Ministries.
The advertiser concludes by reminding MS
that we have a Constitution of highly
liberal type, and we have King who knows
how to rule in accordance with that Constitu-
ton and who is heartily willing so to rule"
We are sorry to see this willingness diverted
by evil counsellors, but at the same time must
remind our readers of a communication in our
last Issue under the heading F" Bitter Wmer
and ISceet' quoting the (prin.ed) words of the
present King; then competing for the throne
with Lunallo, in whicl, he tells the natives to
"be,cre of the Constitution of ls52!" that
which the "Adrertiser" informs MS, he is now
SO willing to rule by, but which seven and a
half years back he couples with "lhe false
teaching, of foreigners, who are grasping to
obtain the control of the government if Luna
lilo he elected to the throne" In spite of this,
Lunalilo was elected in preference to Kala-
kaua, by natives and foreigners alike. "a
We have thus shown 10 show that Sow
ereign may actually keep within the (writter)
rules of the Constitution, may not positively
step beyond the (written) limits of his prero-
gative and yet shake his Kingdom to it's cen
tre by misgovernme"t at the bidding Of self
seeking, nnscrupuous, adventmrers who cause
him to surround himself with incompetent nm
principled advisers whose only recomnenda
ticn is their pliancy- Willingness to carry out
Royal Vagaries whithersoever they may lead