The Pacific commercial advertiser., 1892-11-05


This does not mean that anything
is to be imported into the written
instrument which is contrary to its
provisions, but the fact simply is
that the Constitution implies more
than it directly says, and must of
necessity do so. If the Constitu-
tion expressly recited everything
which must be done by King, Cabi-
net, Legislature and Government
officials, in order to give full effect
to its provisions, it would fill an
octave volume. Chief Justice Mar
shall, in the course of long life
on the bench, rendered a large
number of decisions interpreting
the American Constitution, every
one of which added content and
detail to that instrument. Did he
find his authority in the bare
words of the Constitution? Did he
draw on his fancy for his conclu-
sions? He did neither the one nor
the other, but from the general
principles of constitutional law he
made deductions as to what the
American Constitution not merely
might, but must mean. The case
is not otherwise here, except
that it is here clearer and
stronger For, whereas, the
Constitution of a country like the
United States can be and is direct
and plain instrument, that of every
free country where monarchical
forms are retained must contain
many legal fictions. The Hawaiian
Constitution and laws are full ot
such. The Constitution says that the
King coins money; that the King
can declare martial law; that the
King convenes and prorogues the
Legislature that the King informs
the Legislature, by Royal Message
of the state of the Kingdom, etc
If these and other similar expires
sions were to be taken literally
they would make nonsense of tn,
Constitution, or rather they would
make it the Charter of Absolut,
Power. Our Constitution, like tina
of England, maintains. the fiction
of an authority in the Sove
reign which it really vests in tn
people. Such fictions are neces
sary if the forms of monarchy ar
to be maintained, but they are no
to be taken literally, but construe'
in the light first of the instrumen
itself, second of Hawaiian judicia
decision and precedent, third in th
. light of the precedents of othe
countries. Chapter VIII. of tn
Laws of 1888, says the Marsha
shall be commissioned by the Kin
by and with the advice and con
sent of the Cabinet upon the nom
ination of the Attorney-Genera
There can be no Marshal without
/. commission, yet the signing Of tn
commission is purely formal ac
The language Of the law merel
' makes a concession to the fictio
= which attributes to the Sovereign
power which is really vested elst
where.
e In like manner the COnstitutio
!, says that the Sovereign appoint
1 and commissions the Cabine
What does this mean? To clair
e a priori that it can only mean tn;
4 she appoints whom she please
h is absurd. The matter can only
y settled after a careful inquiry. Tt
e system of Cabinet responsibility
i an English growth which has bee
copied on the continent of Euror
s as in Hawaii. In England ais
e the Queen appoints the Cabine
l. What does this mean? 1t NEAR
: in point Of fact, that she summon
d a leader of the Parliamentary m
l. jority and that he-not shea
IS points the Cabinet. 1t can an
r does mean nothing else here.
II This is the principle for whic
IS the Opposition in the House