The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-05-05

THE CABINET SYSTEM.

In late article we made some
observations on the leading charac-
teristics of the English and Ameri-
can constitutions. Everyone who
followed the article with attention
or who has bestowed any reflec-
tions upon the subject at all, will
see at a glance that our government
in these islands has followed both
English and American presidents,
and that it cannot be properly
understood without an understand
ing of the constitutions of both
these countries. It is a mistake to
suppose that our constitution can
be intelligently interpreted without
any reference to English models,
merely because we have written
instrument. In spite of this cir
cumstance it is possible that it may
present more striking analogies to
the English frame of government
than to any other. Nothing can be
more erroneous than to suppose
that because a nation is in posses
sion of a written constitution it
therefore can have no unwritten
constitutional law. This is certain
ly not true IN any country where
the English Common Law prevails.
To suppose that because any given
proposition does not find literal
verbal authority in the written con-
stitutlon, it must therefore be I'm.
supported, is to suppose something
very far from the fact. If this had
been the view of Chief Justice Mar
shall, the American government
would not be what it now is. 1t is
beyond dispute that unwritten con-
stitutlons grow as well as unwrit
ten. They must be interpreted in
the light of presidents, and are also
subject to the laws of development
and change.
Now, in this country as well as
in England we have government
by a Cabinet. Except in so far as
the King retains some few indie
pendent prerogatives, there is no
executive in this country not sub
ject to control by the Legislature.
And this executive responsibility,
it should be especially noticed, is
not to the people, but to the Legis-
lature. The King is bound to
select Ministers in harmony with
the majority of that body. He is
bound to dismiss all Ministers in
whom it has expressed a want of
The Legislature is
therefore the sole accredited agent
of the people, and it governs
through the Ministers whom it
appoints. This is the
English system pure and simple.
1t is borrowed consciously and in
tentionally from England. To de.
prive US from looking to England
for presidents to guide us in it's
working, merely because we have
q written constitution, is simply to
shut us off from the best source of
instruction and authority. Such
an exclusion from the use of Eng
ish presidents is certainly not
common sense, and neither is it
good law.
Our constitution is short. It does
lot contain and was not intended
% contain everything which is
necessary to admit of the govern
nent's being properly carried on.
Much was left to natural inference,
o common sense (Which ought not
o be denied a voice IN these mat.
ers) and to the analogy furnished
=
" the usage of countries where
Institutions similar to ours prevail.
n looking abroad for analogy, we
hould neglect the experience of no
ountry where conditions are par
'llel to ours. Least of all should
Ve TAIL to regard the practice Of
hose countries whence our law
nd our constitutions are derived. |
Foremost among these is England. |