The Hawaiian gazette., 1890-03-25

Hiss tiiC AOA AOclOOAAos
In the present reign the principle
of ministerial responsibility, thus
feebly sanctioned by the funda-
mental law, has been gradually and
steadily undermined until it finally
ceased to exist under the encroach-
ments of the Crown, and the whole
executive authority became CEN
tered in the person of an irrespon-
sible sovereign. The revolution OF
1887 was public protest against
this political status, and the Consti-
ton of that year, which is now our
fundamental law, was intended to
remove the evil and to make its
return impossible. This instrument
marks a new departure in the adj
ministration of our government /;
by its preamble, it states the reason
of it to be that the old Constitution
contained "many provisions SUBJ
versive of civil rights and incom-
patible with enlightened cUnstitu-
tional government" and that its
PRONUNCIATION was necessary to the
maintenance of the Government.
1t enacts that the Ministers shall
be removed by the King only upon
a vote of want of confidence passed
by the Legislature, or upon cOnvic-
ton of felony; that the executive
power is in the King and the
Cabinet; that every sovereign act
required by the Constitution shall
be performed only with the advice
and consent OF the Cabinet, except
where the provision for such act
dispenses Herewith, and that all
existing laws and parts OF laws re-
pugnant to its provisions are null
and void. 1t ushered in a new
political dispensation-a dispense
ton clearly and emphatically Of
public administration of affairs by
responsible officers only. This prin-
ciple of government was ratified
and extended-if that were possible
by the Legislature in law passed
on the eighth day of December,
A. d. 1887, and approved by the
King, which declares: Whereas,
it is consistent with the spirit of the
constitutional government Of the
Hawaiian Kingdom that the Sow
sreign shall act in all matters Of
State only by the advice and with
the consent of his constitutional adj
visers; therefore, be it enacted,
etc. Wherever by virtue of any
statute now in force in this King
dom, or which shall hereafter be in
force therein, any act or thing
is commanded or permitted to be
done or performed by the King or
the Sovereign, it shall, unless other
wise expressed, mean that such act
or thing shall be done and per-
formed by the Sovereign by and
with the advice and consent of the
Cabinet"
Even with these clear and definite
enactments of this principle of gov
eminent, His Majesty has failed to
realize and understand its meaning
and to accep, its full application to
the administration of affairs this
attitude upon his part at length Gull
minated in an open breach of har-
monious relations between the King
and the Cabinet on the third day
of August, A. d. 1889, when the
Cabinet requested the opinion Of
the Justices of the Supreme Court
upon the matter at issue under the
following submission
Honolulu, H. l., Aug. 3, 1889.
20 To the Hon. 4. Francis Judd, Chief
Justice Supreme Court.
HSIR: The Cabinet desire to SUBJ
nit for your consideration the fol-
lowing statement of facts, and re-
spectfully request the opinion of the
Supreme Court upon the question
hereinbelow stated.
STATEMENT OF FACTS.
His Majesty the King claims
the right to exercise his personal
discretion in and concerning the
performance of official executive
duties of the sovereign, such as
making appointments requiring the
royal signature appointment and
removal of diplomatic and consular
officers accredited by the Hawaiian
Government abroad the acknow-
Iedgment of foreign diplomatic and
consular representatives from abroad
to the Hawaiian Kingdom; the
authority over and control of the
military forces and munitions Of
war belonging to the Hawaiian
Government, etc.
"His assertion of and action in
pursuance with this claim has now
come to such a point that the
orderly progress of the business OF
the Government is seriously inter-
fered with and the preservation of
the public peace menaced.
UTTnder these circumstances the