The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-11-17


the smallest portion of land without
his consent.n -'AAo"O
me present land system was not
established until 1047. when Kanoo.
nameha LII. signed deed which de.
clared certain lands to be his own
private lands, and set apart all other
iand IN the Kingdom as the lands of
the hawaiian Government, subject to
the rights of tenants. "
IL Is worthy of notice, in this first
attempt to establish a constitutional
government, that it was a voluntary
REIMBURSEMENT of power on the ma r.
of the King and Chiefs.
Civil liberty is usually gained nv
costly efforts. Governments are not
made on paper, but are usually either
a growth, or the result of contention
Magma Charta was obtained at Run
nymede by the barons, sword in hand
The glorious revolution of 1888, intro.
duced the Bill of Rights which par
Lament handed to William and Mary.
mat bill, which included the rights
| OF Petition and Habeas Corpus, de-
clared, that the Lords and Commons
do claim, demand and insist upon
all and singular the premises as their
undoubted rights and Iiberties.n
| The various charters of rights, or con-
stitutions, obtained from sovereigns
| of England as the result of fierce
struggles, do not profess, as does the
| constitution of the United States, to
mark out, limit and define the powers
and functions of the government. The
British constitution is the growth of
centuries and is based largely on
recognized principles, precedents and
| oil 70
| or unavoidable emergencies, while the
system of government which is based
on written constitution has no elias
tic power further than it may derive
from judicial legislative or executive
| construction of it's language.
The constitution of the United
States, as we'll as the State constitu-
tlons, embodied the principles of civil
| liberty as understood by Englishmen.
But they went further, in placing
| limitations upon the lawmakers and
| giving to the judiciary the power to
judge of the validity of legislative en-
actments.
Hawaiian constitutional govern
| ment has followed the American ex-
ample in having it's rights, powers
and limitations in written form, and
| in having legislature which is not
"omnipotent," like the British Par
| lament, but held in check by the
Judiciary department.
There is little use in discussing
which form is better adapted to Sc
cure civil liberty. Each nation
adopts that method which it's circum-
| stances require.
The unwritten British Constitution
| makes a stronger government in or
binary times than does the written
| Constitution. The American Con-
| gress, like the Hawaiian Legislature,
must find in the Constitution it's sole
| power to enact laws. Parliament has
| only to decide whether proposed
law is consistent with principle, and
such as the times require, and no
written constitution or court of Judi
| cature can declare limit of it's power.
A written constitution restraints
lawmakers from acting under sudden
impulses and the passions of the
hour, and guards against abuses of
power in every department of govern
| ment. But it gives the Executive
| little room for discretion. In great
| crisis, like that of the American Civil
| War, the Executive was allowed, as
a matter of necessity, to assume pow
ers not clearly granted to it. But the
return of peace brought out the full
| force of Congress and the Supreme
| Court
The second stage in the develop
| ment of the Hawaiian Government
was the Constitution granted by
| Kamehameha Ill, June IA, 1852, "by
and with the advice and consent of
| the Mobiles and representatives"
This Constitution retained the chief
Executive power in its ancient dual
form, with the King and Kuhina Nui,
provided for the appointment by the
King of Cabinet Ministers, Privy
Council of State, such as previously
| existed, Supreme Court, Circuit
Court and District Judges.
1t required two separate Houses OF
the Legislature, one consisting Of
Mobiles appointed by the King, not to
| exceed thirty in number, and the
other of Representatives not less than
| twenty-four nor more than forty, to
| be elected by the voters, each House
| having negative upon the other.
Amendments of the second Constl-
tuition could be proposed by one
Legislature and adopted by the next,
| but the Kings consent was requisite
to any legislation. The lower House
had the initiative of all financial
bills. There was no property qualifi-
cation of voters or representatives.
| The Mobiles held office for life.
The Kings powers, or prerogatives,.
were defined, and the jurisdiction OF
the Courts was stated.
The second Constitution took
another step in the direction of repre-
sentative government. in declaring
that the Executive, Legislative and
Judicial powers "are to be preserved
distinct; the two last powers cannot
be united in anyone individual or
body"
The Government was carried on
under its second Constitution until
August 20, 1864, when Kamehameha
v, shortly after his accession, "grant-
edi the third Constitution. which
united the two Houses of the Leglsla-
ture, omitted the provision for Ku-
hina Nui, and made property quail
fication for voters and Representa-
| tives.
Kamehameha V. did not summon
the regular Legislature, but an as
sembly of specially-elected delegates,
termed q Constitutional Convention:
The King failed to secure vote OF
that convention for the changes he
desired in the Constitution of Kane
| TT ~ ~ tho Constitution