The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1891-11-17
HISTORICAL LECTURE
Hon. A. S. HartWeII on COnSti.
tutiOnal Government.
Sketch of Its Development,
Present Condition, and
Reasonable Prospects,
in Hawaii.

second of the Y. NJ. c. A. series of
practical talks in Association hall
yesterday evening. There was a
fairly good attendance as lecture
audiences go in Honolulu, among the
number being many ladies, Chief
Justice Judd, Justice Dole, His EX-
cellency j. l.. Stevens, Gu. S. Minis
ter), L. 5. Consul General Sever
ance, British Vice-Consul T. Rain
Walker, Revs. DR.. Hyde, DR.. Beck
with, s. +. Bishop and W. b. Ole
son, DR.. Rodgers, Messrs. w. O.
Smith, w. w. Hall, w. X. Castle,
Alex. Young and f. M. English.
Mr.. Geo. p. Castle presided.
Mr.. Hartwell in beginning entered
a mild protest against the use of the
word practical as implying some
thing of more unitarian value than
mere theory. Theorists are thinkers
and observers, but the unthinking
worker is drudge, less admirable than
delicate, labor saving machinery.
For the ideal man practical theorist
is needed. Everyone ought to have
studies outside of his daily routine,
which will lift him above his daily
cares, above the petty jealousies and
chickering's of life. and away from its
degrading competitions and self-seek-
ing.
Next to ethical studies, in the mind
of the speaker, the science of gov
eminent was the most attractive and
useful. History, with its examples
and warnings, was scorned by the
self-suflicient, ignorant politician,
who goes on in his wearisOme way,
repeating history in its worst aspects.
He was sure they would not regret
the time which they might give to a
study of the past and existing condi-
tons of Hawaiian Government and
its reasonable prospects. 1t is a
duty which every man owes to him
self and to the country in which his
lot is cast, to learn the origin and
history of its form of government,
to familarize himself with its points
of strength and of weakness, lis
possibilities for good and evil. Ha-
waii is under representative consti-
tutional government, which rests for
its support, as well as its authority,
upon the intelligence, good sense
and integrity of the people.
Mr.. Hartwell then entered into his
historical sketch. The absolute sway
of the chiefs ended with the first
written constitution, issued at Lahai-
ma, October s, 1910, by Kamehameha
Ill, signed by himself and his cou-
sin, Kekauluohi, also by fourteen
principal chiefs. Although it de-
clared equal rights for all men, it
practically left the common people in
subsection to the chiefs. 1t provided
for law-makiDg body consisting of
mobiles and representatives, who could
sit separately or consult together. The
legislature could amend the constitu-
ton with the concurrence of the king.
AT the first session of the legislature
in 1871 law was passed allowing the
king and mobiles to make new laws IN
the absence of the representatives,
subject to their subsequent approval.
Should the Representatives disapprove
such new laws, their act of disappro-
val still required the concurrence of
the king. Thus the king and mobiles
really had full powers of Legislation
by themselves. This constitution gave
the king and chiefs absolute power
over all the land in the kingdom. In
l847 the king signed a deed which
declared certain lands to be his own
private property, and set apart all
other lands as those of the Hawaiian
Government, subject to the rights of
tenants.
The lecturer remarked, as worthy
of notice, in this first attempt to es-
tablish q constitutional government,
that it was voluntary relinquish-
ment of power on the part of the
king and chiefs. He drew a com
parison between the British consti-
tuition, the work of centuries, based
largely on recognised principles,
precedents and traditions, and the
United States constitution, embody-
ing the principles of civil liberty as
understood by Englishmen, but
which went further, in placing limit
ations upon law makers and giving
to the judiciary the power to judge
of the validity of legislative enact
ments. Hawaiian constitutional gov
eminent had followed the American
example. There was little use in
discussing which form was better
adapted to secure civil liberty.
Each nation adopted that method
which its circumstances required.
The unwritten constitution makes q
stronger government in ordinary
times than does the written constltu-
ton. The written one restraints the
Lawmakers from acting under sud-
den impulses and the passions of the
hour, and guards against abuses of
power in every department of gov
ernhent. Yet it gives the executive
little room for discretion. In a great
crisis, like the American civil war,
the executive was allowed, as a mat
ter of necessity, to assume powers
not clearly granted to it.
Kamehameha Ill, by and with
The advice and consent of the mobiles