The Hawaiian gazette., 1891-02-24
THE QUEEN AND THE CABINET
a Constitutions Question at
Issue.
BY L. A. THURsToN.

The question now at issue between
the Queen and the Cabinet, briefly
stated, is this:
The Queen claims that the Cab.
having been commissioned by the met
Sovereign, are not entitled 10 hold tAte
offices after his death, and are the tnelr
IN duty bound 10 resign; and refu reiore
officially recognize them. seS to
The Ministers claim that they hold
their office under the Constitution; that
they can be removed emily by the
methods pointed out in the Constitu-
ton, and that the change in the person
OF the Sovereign does not change their
legal status.
This raises s direct issue, vitality
affecting the foundation principles Of
Representative Government, and it is
essential to the welfare of the country,
now that the question has come up for
settlement, that it be settled right.
As have had no official relations with
Her Majesty, and was member OF the
Administration which was ouSted by
the party placing the present Cabinet in
power, l can claim TO be in position in
which l have no prediction against the
Queen or in favor OF the Cabinet As s
citizen, however, knowing and wanting
10 know no other land as home, l con-
slider II vital TO my interests and the in
terestS OF my native country, that the
principles at stake in this matter be
thoroughly understood by the commu-
nifty, ana that it is the duty of every one
who is able to throw any light upon the
subject, 10 do so.
With this brief explanation OF my rea-
sons Tor appearing in print, 1 desire TO
express my views upon the legal status OF
the question and the logical inferences 10
be drawn therefrom, with no impugn-
ment OF the motives Of any one.
Arguments N FAVOR OF THE QUEENS
POSITION.
First. The arguments made in favor OF
the position taken by Her Majesty, so
far as have heard any arguments made,
are:
a. That it is the precedent in other
countries Tor the Cabinet 10 resign upon
the death OF the Sovereign, and, there
fore. the Cabinet should follow such pre-
Cedent.
e. That the appointment Of q Minis
ter Is ! personal preroZatiye Of the Sow
ereign, and the relation OF s Cabinet
Minister personal 10 the reigning Sow
ereigu for the time being; therefore the
death Of such Sovereign forthwith termi-
mates the tenure OF office of the Minister
o. That 1t is embarrassing and i'm
possible for the Sovereign 10 carry out
her policy through Ministers who are not
OF her own selection, and who may not
be in accord with her; and il is there
fore essential 10 harmony and the public
welfare, that q Cabinet be appointed by
her who viii be opponents of her policy,
and who will work in harmony with her.
ARGUMENTS N FAVOR OF THE MINISTERS
POSITION.
maintain that these arguments are
founded on miscellaneous Of fact; and
that they are directly contrary to logic,
law and the Constitution.
LIST. II Is A MISSTATEIENT OF FACT TO
SAY THAT II Is IKE PRECEDENT N OTHER
COUNTRIES FOR THE CABINET TO RESIGN
UPON THE DEATH OF THE SOVEREIGN.
Instead OF this being so, the prece-
dents are all the other way.
NumberleSS instances can be cited in
support OF this, but an example from Re-
publican United States, semi-demOcratiC
limited Monarchy England and absolute
Monarchy Germany, are sufficient to
meet the statement.
UNITED STATES PRECEDENTS.
Upon the death OF Abraham Lincoln,
President Of theJ nited States, and the
succession OF President Johnson to
the Presidency, the whole Cabinet held
over. i portion OF them held until the
expiration Of JohnSOn's term OF office.
Johnson having difference Of opinion
with one of the members, Secretary
Stanton. attempted in vain to force him
out Of the Cabinet Stanton held office
for about 3 year and half, and then re-
signed Of his own yolition.
Upon the death Of Garfield, President
OF the United States, and the succession
OF Viee-President Arthur, the whole
Cabinet retained office. Mr.. Blaine sub
seCuently resigned of his own accord
but others, among them Robert Lincoln,
retained his Office during the whole Of
Arthur's ineumbency.
This was under the Government OF the
United States, where the Cabinet has no
constitutional standing; they are not
even mentioned in the Constitution.
They have no responsibility to the peo-
pie, but are solely responsible 10 the
-ANl-NA---L- ny -AAC oA---Ea- 10 - ~
the President, who asks their advice If
he chooses, and follows It or not as he
thinks best. The President Is The re-
spOnsible power, and fOrmGlates the pol
icy which the Cabinet execute
ENGLISH PRECEDENT.
Upon the death of William ". and
the accession OF Queen Victoria, Lord
Melbourne was the Prime Minister
He and his Cabinet retained their port
folios and held office for four years there
after.
Under the English system Of Govern
ment, the Cabinet are not only unknown
to the Constitution, but there Is no law
authorizing q Cabinet. The English
Cabinet hiss come i1toexistence through
simple custom.
Theoretically they are appointed by
the Queen, and execute her policy.
As 3 matter Of fact, they are appointed
BY the House Of Commons, in that the
Queen always appoints the leader Of the
majority IN, that House, no matter how
distasteful to herself personally. She
never requests the resignation OF Min
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