The Hawaiian gazette., 1891-11-24

III kf&NAAN ~~Ne--~~f
il saw that its representatives no
longer had the power or tue respotsi-
bility which the seccnd Constitution
had apparently seeured
The reign IL kamehAmeha Y. WAS,
however, disturbed by no deviation
on his part from his Seif-imISSed con-
stitutionAi requirements.
The feSture Of 8 single house legIS-
lstursa secured 10 the king q control
over legislation which was impraeti-
cable with two houses each having
the power 10 negative the acts OF the
other. EamehSmshA V, the lineal
descendant Of the FlrSt kameha-
mehA, had such personal influence
over the representatives. As Well aS
the mobiles, that he could usually sue
ceed in having such laws enacted as
he thought MT. In those days and for
wears afterwards, government patron
SSe WAS freely bestowed on members
OF the legislature, 80 that there was
no difficulty in psr>USdlng the law
making body, composed aS II was OF
tSN collectors, assessors and other
government officials, aud contractors
10 assert no wishes Of their own
which were not in perfect accord
with those Of the king and his cab
met ministers
Upon the death Of KING LunaIlIo
without sn appointed successor, II
became necessary 70 call the leg1SIa-
ture together 70 elect his successor.
There were two sets Of elected repre-
SentSsiveS, those chosen ar the oien-
nisl election held on the first Monday
Of February of that yeSr who were 10
SIT in the regular session OF 1874, ana
those who hAd been elected in FEB
rusry Of 1872 for the session OF lSt--
Was II the representatives elect or
the old Representatives who We're 10
vote for sovereign?
There wSs no lsw fixing their term
OF office, snd no one could say VINE
ther il began when they were QUAIL
fed by taking the oSth Of office, or
from the date of their election The
only foreign precedent appeared 10 ne
that Of the members or the nrst
American Congress under its present
constitution whose term OF once
dsted from March 18th when Congress
was assembled.
II wSs sn important question for
Queen Emms hsd : strong following,
| fully alive 10 the advantage OF Gaining
the old Legislature
The representatives-elect were sum-
moned, and chose kalaksus- a sta-
tute was passed in the trst year OF MS
reign fixing the tenure OF representa-
| tives from date OF election
II the validity Of the election han
| been contested before kaIakaua was
installed, by taking the oath OF offlee
snd receiving offieisl recognition OF
| treaty powers, the result would have
| been uncertain
On July 8, 1887, King kalskaua
signed the present, or fourth, eonstl-
/ tuition, which wSs promulgated July,
!. 1851, without legislative action:
lis main features, IS distinguished
| from the earlier constitutions, are
thst the sovereign 10 longer has ab-
solute veto upon legislative acts eaol-
net ministers are removable only
uuon legislative vote Of want OF con-
| fiienee. constitutional acts OF the
| sovereign require the advice and con-
! sent of the cabinet, no executive or
| judicial officer, or any contractor OF
| employee Of the Government, or any
person in the receipt OF salary OF
emoIument from the Government can
De elected 10 the legislature, and that
| mobiles shall be elected instead OF re-
eeiving their appointment from the
sovereign.
| The oath TO support this eonstltu-
ton was formally taken by Her Ma
| iesty. Queen LiliuokaIanl, and II L:
now the lsw Of the land.
| This Constitution changes the cleo
tive frsnehise, in requiring property
qualification OF persons eligible IL
! vote for or 10 De elected as Mobiles
and in admitting to the franchise
| every male resident, Of Hawaiian
| American or European birth or des-
cent who shall have taken the oath tc
support the Constitution and laws,
psid his taxes, attained the age Of
| twenty wears and know how TO rea1
| and write either the English, Ha-
ysiisn or some European language.
The 6Ist and sd Articles Of the
| Constitution OF Ksmehameha V, re-
| ouired q property justification fol
| Representative Of 500, or $50 an
| uusI income, and that voters OWL
| property Of the value OF $50, or have
| Al income OF not less than SIS 3 year
but in the first year OF kalakaua';
reign. the property qualifications FOL
voters was struck out by an amend
msnt adopted in 1870.
| OF the manner in which the present
Constitution was established, IL
perhaps too soon 10 form dlslnter-
| estei OF impartial opinion
No one can deny the Importance Of
| observing legally established forms
in every legislative step, whether il
| be q constitutional act or an ordinary
| statutory enactment. And yet those
articles introduced by the present
| Constitution, which limit the absO-
lutte powers Of the Sovereign 10 check
legislation, or TO purchase Legislative
votes BY Offices and Government con-
| tracts which make Cabinet Minister;
/ directly resU0usible To the LegislA'
| t4re- and permit 10 royal act 10 bC
/ valid unless advised and consented tG
/ BY the Cabinet, are in cOnSOuznc<
with the principles Of representative
| constitutional government, without
which no government can expect
l long 10 receive the support Of an en-
1 lfghsened people They are measures
| which are czlc9lsted to preserve pub
| Lie tranquility, stability and pros-
perfty in q country which is controlled
Dy Intelligence
That such changes could have been
made By regular amendment Of the
/ Constitution Of 1854 is generally sup
L r.o-<si 70 have been impossible
IL argued well for the sense Of this
/ community that they were made
peacefully, and that If the property