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


government property, and OF the
government building here, which is
government property, and he had
promised these people that he would
come there at their call and sign
new constitution, il is nevertheless
treason even ii you believe those
facts to be true,
Suppose for instance the. King
(Which God forbid may ever happeD)
should be accessory in so serious 81
crime as murder l merely put it as
an illustraJion), the man who was a
co.murdsrer with bin would be held
guilty under the law. The fact that
the King was also guilty would not
acquit him; tue King could not he
punished for 1t, but the co.murderer
could. No more, then, IL the jury
should End that His Majesty was
party to this treason against the
government, should it have ally
effect in making you decide by your
verdict that the prisoner at the bar
here is not guilty of treason.
AS has been stated, the King can
not abrogate any law, he cannot
pardon without the consent Of the
Privy Council, he cannot pardon in
advance or abrogate any law; that
mus. be done by the Legislature and
that must be done in the regular
way. The King cannot, except rs
a coup d'etat, abrogate & constitu
ton and give new constitution. l
think it is proper for me to say as
there has been some allusion TO it
here and there have been great
many allusions.to it in some parts
OF the native press, that the con5ti-
tuition of 1887 only became de
iurc constitution by general acqul-
escence. 1t was the de facto Consti-
tuition because the King executed it
on the advice OF his Ministers and
it became n de jure constitu-
ton because all the officers Of the
government sworc to it, and all
those who voted ut the elections
swore to support it, and it thus be-
came the general law of the land.
However, an unsuccessful rebel
lion aud an unsuccessful revolution
Gre always treason. think that
is self-evident.
1t is admitted by MIR. Wilcox in
his evidence that he had prepared a
new Constitution which he carried
there to the palace accompanied by
an armed force, and he says that it
was his desire TO enforce it, but it
is an historical fact that this new
| constitution was not proclaimed ii
is not in force, the constitution of
| 1887 was not abrogated. 1t IL an
historical fact that the attempt was
unsuccessful. If you beiieye the
testimony Of these men that they
marched upon the palace with an
armed force and took possession Of
the palace premises, and took pos
session of the Government building
with the intent Of securing the re-
peal or sbregati0n of fundamental
Law OF this kingdom, the constjlu-
ton of 1887, thefe is no escape from
fading verdict OF guilty Should
you find that this man was one OF
those engaged in this business, there
is no escape from rendering a YER
dict of guilty under the indictment.
II you believe his own statement
that he was present at the meetings
whose object he knew WAS to turn
out the Ministers, TO expeI them by
| getting new constitution (tAe con-
slj,u,ion now in force does not
authorize the King to dismiss sum,
warily his cabinet) and that h,
knew that arms were procured tC
carry that intent into effect and that
he marched with that body OF men
armed, and was within the Palace
grounds consulting with the leader
talking with the leader, not remon
strating with him, and that be en-
deavored to get supplies to them a
their request, If you believe thes,
acts are proved by the testimony o
two witnesses, there is no escape
from fuding him guilty.
l shall read you a little more o
the law OF treason:
Section seven Of the act reads
IAN accessory before the fact tt
treason is guilty of treason anC
shall be subject to prosecution
trial and punishment there
for, though the principals NOR
directly concerned have not beel
convicted or are not amcnablc t
justice. - If the principals bave no
been convicted, the law Of this coun
try, and tits the law all round tn
globe, ALI accessories before the fact o
treason are guilty Of treason and ar
subject to trial and punishment there
for, although the principals have no
been convicted, and il says further
in the interests Of fairness and O
liberty, that mo person shall b
convicted of treason but by the ties
timony Of two or more lawful wi,
nesses 10 the same overt act OF trea
son whereof he stands charged
unless he shall in open court comics
such treason" There is also SEE
ton Of The law prescribing the pun
i5hment. 1t Ia also punishable TO
a person having a knowledge Of trca
son and does not divulge the sam
10 tha qOyernnr Of the Island. Their