The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-10-12

important trinl, for 1t Is the first
time that foreigner by birth has
been tried on the charge of treason,
an offense which is recognized ia
our code rs the first offense in i'm
portance and place, an offense which
is recognized to be the most obnox-
ious of all crimes, most detestable
crime, because it destroys the secu-
rity of life, property, and what is
dearer to all patriotic citizens, the
existence Of the government itself.
The chapter on treason has not
been read to you, and l propose TO
real it to you, or nearly all of it.
Treason is hereby defined to be
any plotting or attempt to d.throne
or destroy the King, or the levying
of war against the Kings govern.
ment, or the adhcring to the enc
mics thereof, giving them aid and
comfort, the same being done by
person owing allegiance to this king
DOM"
Allegiance is the obedience and
fidelity due to the kingdom from
those under its protection.
can alien, whether bis native
country he a, war or at peace with
this kingdom owes allegiance to this
kingdom during his residence therein,
and during such residence 10 capa-
bic of committing treason against
this kingdom"
may say that allegiance is of
two characters, natural and local.
Natural allegiance is that which q
citizen horn in the country owes to
his own country, and local allegiance
is that which is due from every per-
son residing in it to uphold and obey
the law, except ambassadors and
ministers of foreign states. They
are not amenable TO the laws Of the
country. 1t has not, however, been
shown to you that this defendant
is within that exception. l charge
you, therefore, that so far as allie
glance is concerned, being q resi-
dent here he owed allegiance and
fidelity to the kingdom. will go
on with the fifth section, which reads
as follows:
ITO constitute the levying of war
contemplated in the FIRST section of
this chapter, il shall be requisite
that the persons concerned therein
he parties TO some overt act (that is
an open act), in or towards procur-
ing, preparing or using force, OF
putting themselves in condition in
readiness to use forca, either by
being present at such overt act, or
by promoting, aiding 10 or being
otherwise accessory before the fact
to the same"
Sixth section. Sin order to con-
stitute the ievling of war, the force
must be employed or intended to be
employed for the dethroning or tie
struction OF the King or in contra.
vention Of the laws, or in opposition
to the authority OF the Kings gov
ernment, with an intent or for al
object affecting some of the bran
ches or departments of said govern
ment generally, or affecting the
enactment, repeal or enforcement OF
laws in general, or of some general
law; or affecting the people or thu
public tranquility generally; ii
distinction from some special inten
or object, affecting individuals Other
than the King, or particular dis
trict.'
l think perhaps to have you IN
derstand it better might say tina
formerly in England, whence mos
Of our law is derived, high treason
was only comprising the death o
the Sovereign, and by various con
structious of the law when mai
committed an act though not direct.
aimed at the person of the SovereigI
but which would endanger hin
politically, the courts held that thai
night result in the destruction Of
his political life and that was con
sidered equivalent TO comprising
the death OF the Sovereign, and fin
ally the law has been amended b.
statutes from time to time; the Law
now existing in regard to Treason
is that the act may be either to de
throne or destroy the king person
ally or levy war against the king
government.
Now good deal has been mad
to-day of the expression, "agains
the Kings government" and sa.
that the law would be just the sam
should the act be against the gov
eminent of the Hawaiian Islands, o
in fact against the government
without saying the Rny's govern
ment. There is nothing in the ar
gument of counsel that as the con
stitution of 1864 said that the gov
eminent was the Kings and that til
constitution of 1887 does not 50,
that the government is the King
therefore the statute of Treason i
OF no effect, and l would like to ex
plain to you how that differenc
arose. find it in very OLD book
containing the constitution of 1910
where, as the government Of thos
early days was reducing its princi
pies to writing, there being larg
numbers then OF powerful chief
that had large numbers of retainer
nndpr them. they defined their res