The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-02-17
LIBERTY OF THE SUBJECT.
Has Anybody Any Rights Under the
Provisional Government?
Argument Of the Question in the Circuit
Court.

John G. M. Sheldon, editor of the
who is deprived of his
liberty under warrant issued by
the President of the Provisional
Government, was produced in the
First Circuit Court before Judge
Frear, at IL o'clock this forenoon,
under writ of habeas corpus. At
torney-G General Smith and F. M.
Hatch appeared for the Govern
ment, and g. w. Ashford, G. Creigh-
ton, A. Rosa and j. l.. Kaulukou for
the prisoner.
Mr.. G. w. Ashford argued for the
discharge of the prisoner, speaking
to the following effect: There was
no authority vested in the Executive
and Advisory Councils to issue war
rants of arrest. President Dole had
no right in the Proclamation of the
Provisional Government to issue a
warrant of arrest. The Government
could not go behind that proclama-
ton, he presumed. "We the Peo-
pie of the Hawaiian Islands" gave
him no such power. If eve the
People of the Hawaiian Islands"
had intended to exercise that power
they would have given it to him.
The Proclamation stated that the
Presidents duties were to preside
over the meetings of the Executive
Council. Mr.. Dole now holds no
judicial position in these islands.
He did hold such position before,
but resigned it to become Presi-
dent of the Provisional Gov
eminent. If that warrant. of
President Dole was valid, then
there was no security of liberty for
any man, woman or child under
these tropic skies. There was then
nothing to prevent any resident of
this country being consigned to a
dungeon or bound in irons. 1t should
be known whether the Provisional
Government had such tremendous
powers. He was not making covert
attack on the late revolution, He
believed in the sacred right of revo-
luton, and he considered the late
revolution was a good thing. But
it might not be good if the Provi-
sional Government introduced an
archy and despotism. Some persons
were led by their philosophy to be-
lieve that beneficent despotism
was the best form of government,
and he believed that members of
this school of philosophy had seats
in the Advisory Council.
MIR. Ashford quoted Article II of
the Constitution, "All men may free
ly speak and write their opinions,
etc, and commended that ev-
cry part of the Constitution not
repealed by the Proclamation was
still in full force and effect, unless
the Provisional Government took
power to brush aside at it's sweet
will every vestige of constitutional
law. He commended again that Mr.
Dole was not an officer who had a
right to issue warrant of law. Arti,
Gle Ia of the Constitution contained
only truism in saying, every mem
Der of society has right to be pro
tected in the enjoyment of life, liber
ty and the pursuit of happiness
Mr.. Sheldon was but an humble
member of society, perhaps, but hi:
right to be protected in his life
liberty and the pursuit of Happiness!
was as great as that of any person il
the community. He was surprised
that Mr.. Dole, who has been know
for many years as an honest anC
sound lawyer, and who has been al
honored member of the Supreme
Bench, should have put his name t.
such document. Mr.. Dole wher
on the Bench would not have dare(
to put his name to such a paper
Your Honor addressing the Court
would never put your hand to such ;
document. That warrant was simply
a command. 1t alleged no offens'
affirmed by oath against Mr.. Shell
don. If that document was declared
valid then there was less liberty un
der the Provisional Government thar
under the Monarchy. Quoting thu
Article giving the Legislature powe
to protect itself, counsel contendet
that the Proclamation did not Civ
the Executive and Advisory Council
the status of the Legislature abolish
ed by the revolution. The legislativ
| luuCClOuS VI lne L TONlSlOudl 0ONeTll
ment according to the terms of tn
Proclamation are limited to tn
Advisory Council, and Mr.. Dole
not a member OF the Advisory Coun
Gil.
Judge Frear-Suppose Article 5
is not remaining in force, do un
derstand you to say that the Execu
tive and Advisory Councils have no
power to pass law under whicl
the President would have such powe
to issue warrants of arrest?
Mr.. Ashford-No; ! do not ADM
that they have any power to pas
any legislation excepting such as
absolutely necessary to harmonic
things with the new conditions e'
tablished by the Proclamation
They have not passed such a Law
have they?
Judge Frear-The law of COZ
tempt.
Mr., Ashford denied their right t
pass the law in question, that is,
we have a Constitution--heave
knows whether we have or not;
presume your Honor will tell u
But even if the Article quoted is i
force, giving the Advisory Counc
the powers of the late Legislature,
law giving the President such arb