The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-09-11

those avocatons in which they shall be en-
gagged when this amendment shall become
| q part of the Constitution. This Is aimed
| chiefly at those Chinese who shall here
| after come TO our shores. Ii is one OF the in
cldents of sovereignty that any government,
unless restricted therein by treaty or Statu-
| tory provisions, to exclude from Its shores
any and all foreigners whom 1t may VIII
| to so exclude BY virtue of present treaty
! stipulations, all the prominent races of the
earth, except Chinese, are now entitled TO
come and reside in Hawaii upon terms
] with the sons of the soil. But the Chinese
| enjoy no such treaty privileges, therefore,
! il is optional with this Government
whether it will enforce its natural and
sovereign right to so exclude them. The
! right of exclusion includes the right to I'M
pose conditions upon the entry OF Chinese
| into this Kingdom. The present amend
ment proposes to authorize the
! imposition of such conditions, within
| the limits OF naming and limiting
| their future occupations, and the estate
! in land which they may acquire or
| hold, while avoiding any injustice from
| interference with such occupations as pres
| ent residents shall, at the time when 1t be-
| comes q part of the Constitution, be pur-
| suing, and shielding from invasion all
property rights then existing. / consider
| that these provisions. taken IN conjunction
| with the absolute privilege of all Chinese,
| whether now here, or hereafter TO come,
to engage in any and all agricultural pur-
| suits, sufficiently guarantees them IN the
| exercise of all rights consistent with the
welfare of the state. With regard to those
| Chinese now in the country, their night TO
| here remain cannot be abridged, except as
they shall be lawfully sentenced to depor-
tation as q punishment for felony. This
right of judicial deportation is exercised
by nearly all nations. 1t has existed and
been exercised in England from time I'M
| memorial, and many OF the communities
| in the Southern Colonies of Great Britain
were formed by convictS so transported.
This amendments not aimed at, or intend
ed 10 be applied TO tie honest, industrious
and thrifty class OF Chinese. 1t is pro-
| vision in the direction OF preventing the
| Chinese race from acquiring an undue pro-
| portion of the property and controlling an
undue proportion OF the industries OF the
| country, TO the exclusion of the native Ha-
waiian and other foreigners. 1t Is pro-
posed as a means to prevent our subjuga-
| ton by the Chinese race. 1t is the idle and
vicious element OF that race OF which we
| chiefly complain, and if the better classes
of Chinese had heretofore co-operated
with the authorities in the effort TO re-
strain, regulate and punish the vagrant
and vicious members OF their race in
| Hawaii, the necessity for this amendment
would not now exist.
The Minister moved the amendment
pass.
Noble Warehouse said that if the consti-
| tutional amendment meant what the
Attorney General said it did, then all right
minded persons ought to oppose It. II
would be q wrong to permit such an
amendment to become part OF the Constr
tuition. He was sorry the hon. member
for Hamakua, who brought in the bill, is
not here to answer some questions that he
would like to put to him. He had listened
very carefully TO the exposition and ex
plantations of the Attorney-General and,
after hearing them, he wOuli move the
indefinite postponement OF the bill.
Noble Smith said There was an ex-
preston in the memorial presented TO this
House yesterday by certain Chinese, which
contained an innuendo which hurt me when
il was first read. The words were these:
These men, and many others like them,
| think and will say that the power which is
in you was not given to do wrong TO any
one, but to protect all who obey the laws OF
the land" The record OF this House can
not show any measure brought before 1t
upon which more honest work has been
done. Earnest and anxious desire has
| been displayed at every stage 10 do no
| wrong The first amendment was intro
duced June 18th and was referred to a COM
mittee of honorable men who, in conjunc-
| ton with honest and able men outside OF
| the House, sought long and faithfully to
| improve il. After weeks of careful study
and work il was returned to Us with certain
| changes II was then carefully digested
| and discussed, and then referred to an
| other committee. Again the most thorough
work was done; and it came back some
| what modified. After the members OF the
! House had had opportunity to reflect upon
! it. another serious discussion followed; the
subject was discussed from every point OF
! view, and once more il was referred to
committee. This last time radical moditi-
cations were introduced. and now Tor the
| fourth time it is before US. Can there be
any justification for the insinuation that
! there has been q disposition TO do wrong?
| Mr.. President, if honest men have ever
| faithfully endeayOred TO work for what
! they deemed was for the good OF the state,
| honorable members of this House have
| done so in this case. / will not review the
various features Of the amendment as il
! now stands before US. But desire to coll
attention 70 the extremely carefully guard
/ ed provisions OF the Constitution upon the
| subject of amending the Constitution.
| Article 81 reads: 81 ANY amendment or
amendments 10 this Constitution may be
proposed in the Legislature, and if the
! same shall be agreed TO by majority OF
| the members thereof. such proposed
| amendment or amendments shall be en-
| tered on its journal, with the yeas and
nays taken thereon, and referred 10 the
| next Legislature; which proposed amend
ment or amendments shall be published
for three months previous 70 the next elee-
| ton of Representatives and MOBILES; and If
in the next Legislature such proposed
amendment or amendments shall be agreed
to by two-thirds of all the members Of the
| Legislature. such amendment or amend
ments shall become part of the Constitution
Of this Kingdom" Observe the caution.
and safeguards. First of all the amend
ment must be agreed to by majority Of
all the members Gncluding Ministers);
then be entered upon the journal Of the
| House with the yeas and nays OF every one
who voted, so that the position and views
OF each may be known; then the proposed
amendment must be published for three
months previous to the next election, so
| that every sentence, every word, syllable,
| figure and punctuation may be read by
| every man, woman and child in the King
dom When the new election comes the
viii and voice of the people will be made
known and heard through the men they
elect And then, two-thirds Of all the
members of the HOuse-not twO-thirds of
| the forty-eight elected members, as in case
of yeto-but two-thirds Of fifty-two. After
all this precaution, care, and lapse OF time,
| thirtY-fiEe out Of tifty-twO must sustain II.
! With what elaboration may the people
approve or defeat the measured | viii
Il