The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-10-14

ion is used, "against the Kings Gov "
it means the Hawaiian Gov n
Now, what is the government? 1t Is
difficult to define properly what govern 4
nent is, but have one definition that @
think expresses it, cit is that part OF L
society which attends to the business OF {
the whole, it is the ruling power, the ex-
ecutive." Government IS necessary, Ior !
if it were not for the government, every
man would follow his own aims, society
would consist of individuals each one
persuing his own aims and ENDS. NO"
when the business OF the whole IS deIe-
GATED to a certain number OF persons, or
uncertain number of persons, then
thew constitute the government. 1t
MIGHT he vested in various departments,
if might be very much subdivided and
the authority distributed, but wherever
we find the power lodged, that IS the
government. 1t is not strictly correct TO
saw that the government consists merely
of four gentlemen who are CABINET
Ministers, for there are other branches
of the government. They are the eX-
ecutiye, however, they are the prlncl-
pal executive officers of the government. |
Now to explain what l mean here by
a simple illustration: Take human
being; he has soul in him; by cutting
off an arm or a leg you do not lessen MS
sniritual nature or his soul and mind at
! all. You may dismember him, cut OH
both arms or both legs, he would still be
q man. he would still have existence.
| So. with the ministry, if one halt the
ministers should be killed, that would
not lessen the government one half, or II
one quarter of them were killed, 1t would
not lessen the government one quarter,
| the Government would still exist; so, II
oil the ministers shonld be swept away,
the government would still exist, II
would be somewhat disorganlzed, out
society would not break up IN conse-
unence, and the government would exist;
, / say, in order that you may understand
it. that there may be treason charged
though il does not have for its object the
dethronment of or destruction OF tne
King. and / charge you that it is the
law Of this country that an overt act In
procuring. preparing or using force, or
l putting themselves in condition In
readiness to use force, in order to effect
: the repeal of the general law or to act In
: opposition to the authority OF the King
Government, would be an act OF treason:
D Now. it has been we'll said by counsel
who addressed you in behalf OF the king
4 in this case, which is styled 1.-The King
?, AGAINST Loomens," that that does moi
e mean the King personally, it is the King
= as the representative OF the state. IN
: republican form of government, lndlct
J. ments are in the name OF the people o.
# the United States of America, the PEG
n ple of the State of New York, or the peo
8 ple of the State of California; in Eng
/, land it is the Queen against so and SO
IS and in this government, which is con
e stitutional monarchy and limited mon
: archy, the title is 'the King" agains
; whoever is arraigned for an Offence
against the laws.
l. The facts shown by the prosecution
is are not seriously denied. There are
e believe some facts with reference to tn
20 particular acts of the defendant which
n are not admitted, which are conteste
Ig by the other side, but the general TACT
j. in reference to the affairs that commend
~ ed on july 10th, or earlier, and culnl
~ mated on the morning of the 3Oth OF Jul
Sc are not denied by the defense. The
put on the stand as their witness tn
j. man who SAYS he was the chief one 1
st moving and carrying out this scheme
I'd Mr.. Wilcox himself does not deny tn
le essential facts which were attempted
or be proved by the government when the
he put on their part of the case, so l sa.
or gentlemen, that the essential facts OF IL
ne case are not seriously denied by the q
n tense, but they have put IN the case {
Mt evidence and they contend that 1t
al, proved that these facts do not constitut
he treason, because they were done wit
Or the knowledge and consent of His Ma
ial esty the King. 1t is matter OF vel
lis great regret to us all that such stat
is ments should come out in the case, b
l deemed that it was proper to adm
err them, so much having come out IN tt
M evidence and there being so many fac
lw that might lead jury to suppose tn
M that was the case. it was better to ha
nd the full facts come out.
aw Whether they are true or not is f
gh you to say, and, gentlemen, my opiniC
he and the law is this, that even if "
ger should come to the conclusi'
lat that His Majesty was par
his to to- this affair and did acquies
ed in the use of an armed force to come
of to the palace and to take possession
las the palace grounds, which is governme
to property, and of the government bull
to ing here, which is government propert
to and he had promised these people til
,llv he would come there at their call a.
rn- sign new constitution, it is nevertf
less treason even If you believe tho
to- facts to be true.
the Suppose for instance the King (whi
the God forbid may ever happen) should
the accessory in so serious crime as murC
the q merely put it as an illustration),
the man who was a co-murderer with h
g's would be held guilty under the law. T
the fact that the King was also guilty wor
sti- not acquit him; the King could not
ent punished for it, but the co-murde
ion could. No more, then, if the jury shot
ent find that His Majesty was party to Il
of treason against the government, shol
ike it have any effect in making you deci
nee by your verdict that the prisoner at
on bar here is not guilty of treason.
ere, AS has been stated, the King cam
avs abrogate any law, he cannot pard
ng, without the consent of the Privy Coun
ow- he cannot pardon liz advance or abrog
re- any law; that must be done by the L
res islature and that must be done in
DRY regular way. The King cannot, exc
of as a coup d'etat, abrogate constitut
gin and give new constitution. think
ka- is proper for me to say as there has be
all some allusion to it here and there, g
s to have been great many illusions to il
pri- some parts of the native press, that
to constitution of 1887 only became a
the jure constitution by general acquiesen
~ y L, i So 15fS f1ItI