The Hawaiian gazette., 1891-11-24


renee wSS reQuirei for such snpul-
ment, II WAS clear that this set Ssve
him and the MOBILES fun legislative
power.
The power OF the king ami chiefs
over thu common pe0pls was esaeei-
SlIy retained over SlI the lard in the
Kingdom. The constitution declared
tnAt "kamehSmehA 1. NSS the
founder Of the kingdom, and TO him
belonged all the land from one end OF
the islands 10 the other, though itwa
not his own private property, IL be-
longed 70 the chiefs snd people in
common. No one could convey away
the smallest portion Of land without
his consent"
The present land system WAS not
established until Isl, when Kane
hSmehS III. signed 3 deed which de-
clsred certain lands 10 be his own
private lands. and sci SpArI sill other
land in the Kingdom Ss the lands OF
the Hawaiian Government, subject 70
the rights Of tenants
Ii i worthy q notice, IN this flrS1
attempt 70 establish = constitutional
government, that il was : voluntary
REIMBURSEMENT Of power on the part
OF the King and Chiefs.
Civil liberty i usually gained by
costly efforts. Governments Sre not
made on paper. bur 2re usually either
3 growth, or the result q contention
MSgnS Charts was obtained ST Run
nymeie by the hSrOns, sword IN hSnd-
The glorious revolution u loss intro
dueed the Bill Of Rights which Psr-
| lament handed TO William Snd Mary.
That bill, which included the rights
Of Petition and H&beSs Corpus, de-
clsrsi. that the Lords and Commons
Z a. do claim. demand snd insist upon
/ al snd singular Ehe premises s. their
undouhted rights snd liberties
/ The various charters Of rights, or con-
! stitutiOns. obtained from soyereigns
| Of England IS the result OF fierce
struggles, do not profess, IS does the
| constitution Of the United States TO
marx out, limit snd define the powers
/ and functions 81 the government The
/ British constitution Is the growth OF
centuries and is bssed largely on
recognized principles, presidents and
| trsdItions- Il can yield 70 unforeseen
or unSyoldzble emergencies, while the
system Of government which Is based
/ on s written constitution hss no elas-
tie power further thsn II msy derive
/ from judicial legislative or executive
construction Of its lsnguSge-
The constitution Of the United
Il States. IS well - the State eonStitQ-
tiOns, embodied the principles Of civil
liberty IS understood by Englishmen-
But they went further, in plSeDg
Limitations upon the lawmakers and
giving 70 the judiciary the power 20
Judge % the validity % legislative Ell
sediments
Hswsiisn constitutional govern
meat has followed the American eX-
ample in having its rights powers
and limitations in written form, Snd
in having ; legislature which Is not
3omuiD0cent.r ike the British Par-
lament. but held in cheek by the
Judiciary department
There Is little Use IN discussing
which form l. better adapted 10 Sc
eure civil liberty. Each nsuon
sriOpts thst method which its eireum-
stances require
The unwritten British Constitution
makes : stronger government IN or
dinsry times than does the written
Constitution The American Con-
greSs. like the Hawaiian Legislature,
must find in the Constitution its sole
power 10 easet laws Parliament hss
only 70 decide whether 8 proposed
ISE l. consistent with principle, and
such IS the times require, and no
written constitution or court Of Judi
esture can declare limit OF its power
4 written constitution restFsiD1
Lawmakers from seting under sudden
impulses znd the passions OF the
hour, snd guards against abuses Of
power in every department. Of govern
meut. But il gives the Executive
little room for discretion In gEeat
crisis like inst OF the American Civil
Wsr. the Executive vas allowed, IS
: matter Of necessity, 20 assume pow
ers not Clearly granted to II But the
rsturn Of peace brought out the full
forcs o. Congress and the Supreme
Court
The second stage in the develop
/ msnt Of the Hawaiian Government
VS. The Constitution granted by
Kauehsmeha III, June Il, 1S52. 10y
and with the sdviee and consent o.
the NobIes and Representatives"
This Constitution retained the chief
Executive power in its ancient dUsl
forrn, with the King and kuhiRs \ n,
provided for the appointment by the
king Of Cabinet Ministers : PF1Ty
Council Of State, such = prey1o1siy
existed, 4 Supreme Court. Circuit
I Court and District Judges
Il required two separate Houses o.
the legislature, one consisting OF
MOBILES appointed by the King not 20
exceed thirty IN numbers and the
Other Of REPRESENTATIVES not less than
tEenty-fO1F nor more than f0rIyi 10
d elected by the voters, each House
having : negztiye upon the other
Amendments OF she ssoOnd Cons[I-
tuition could Dc proposal Dy one
legislature and adopted By the next,
but the Kings consent was requisite
10 arv legislation The lower House
had the initiative q all financial
bills There was no property qu1iIi1-
cation Of voters or representatives,
The NObIes held Office for life
4 The Kings powers, Or pEerogzlIFes,
were defined. and the jurisdiction O.
thz Courts Vas stated
I Tha sacond Constitution took
another step in the direction Of repre-
/ sentative government IN declaring
! rhzf the Executive, legislative AMI
/ Ir,lifefsT u.Ozers ARE 10 De preserved
df-tinet- the Two last powers cannot
u united in anyone indIYl1u4l OF
body" -
I TT5e Government was e4rrIed On
r1-far IL second Constitution until
- zsl ISS4. Enen kzmehzmeh2