The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-03-20

himself out of this Kingdom has alb
dicated the Government, and that the
throne is hereby vacant"
Proceeding further, this eminent
jurlst says:
"For whenever a question arises 5e-
tween the society at large and any
magistrate vested with powers origi-
nally delegated by that society it must
be decided by the voice of the society
itself; there j. not upon earth any
other tribunal To resort to. And that
these conseGuences were fairly deduced
from these facts our ancestors have
solemnly determined in a full parlia-
mentary convention representing the
whole society"
Further quoting from Blackstone,
he says:
"They held that this misconduct of
King James amounted to an endeavor
to subvert the constitution and not to
an actual subversiOn or total dissolu-
ton of the Government, according to
the principles OF Mr.. Locke, which
would have reduced the society al
most TO state of nature; would have
leveled all distinctions of honor, rank,
offices, and property; would have an
initiated the sovereign power, and in
consequence have repealed all positive
laws, and would have left the people
at liberty to have erected a new sys-
tenn of State upon new foundation
of polity. They therefore very prud-
emily voted it to amount to no more
than abdication of the Government
and a consequent vacancy OF the
throne, whereby the Government was
allowed to subsist though the eXecu-
tive magistrate was gone, and the
kingly office to remain though King
James was no longer King. And thus
the constitution was kept entire,
which upon every sound principle of
government must otherwise have fall
en- to pieces had so principle and con
stituent part as the royal authority
been abolished or even suspended.
''This single postulatum, the vacan-
cy of the throne, being once estab-
lished the rest that was then done
followed almost Of course. For, if the
throne be at any time vacant (Which
may happen by other means besides
that of abdication, as if all the blood
royal should fail, without any success
sor appointed by Parliament)-if, l
say, vacancy, by any means what
soever, should happen, the right of
disposing of this vacancy seems nat
urally to result to the Lords and Com
mons, the trustees and representatives
of the nation. For there are no other
hands in which it can so properly be
intrusted; and there is a necessity of
its being intrusted somewhere, else
the whole frame of government must
be dissolved and perish"
fnIn ,..l, tf,;- Il.
in regard to the abdicatiOn of King
James III rests is still stronger when il
is applied to persons who are citizens
of the United States but who reside in |
Hawaii, and by the constitution and |
laws of Hawaii are admitted into an |
active participation in the conduct of |
government, both as officeholders and |
as qualified electors. If they, in con- |
nection with the native or natural |
lied subjects of the Kingdom of Ha- |
wall, unite in demanding the pres
ervation of their constitutional rights,
there should be no captious or |
technical objections taken TO the as
sertion of that right, or to the manner
of its exercise.
In reference to all citizens of the
United States residing in Hawaii and
not actual members or officers of that
Government, the spirit of our laws, in
accordance with the principles of the
Constitution and the traditions of the
people, should be applied te their pro-
lection, when it is the duty of the
United States to protect them, and
especially are they entitled to the full
advantage of the protection that is
afforded under that doctrine of per-
sonal liberty and security which up
holds the authority of governments
de JdctO. When such a government
arises out of alleged abuses and griev-
ances and is set up in good faith by
the intelligent classes to succeed a
in state that is the only
in sisterhoOd of many re-
publics, the rules governing its recog-
milton are not those that seem to con-
troll in cases where the state is sole (
republic surrounded by an environ
ment of monarchies.
In Europe, where governmental !
have no relation to the
will of the people, every presumption
that can be made to support the regal
system is adopted and enforced with '
rigid care. The old conditions are [
presumed to exist in regal govern
nent until the new government has
a complete revolution I
and until nothing remains to be done c
20 secure an uninterrupted and unem- t
Darrassed Installation of its authority. L
Those presumptions are all in favor i
If the crown and are easily applied in a
use, as the crown is poll t
ical unit and acts with certainty in /
he assertion of its claims. When the
lights asserted against the crown are C
yet up by the people, or for the people, Il
he act is necessarily a representative c
let, and the authority of the alleged Il
is severely questioned. h
indeed, it is not considered as exist s
ug in European countries until, /
through bloodshed or an Overwhelm-
ng exhibition of forces, its acknOwl- IL
nent is literally compelled. The re- v
-erse of this rule should obtain in that s
,art of the world where it is held, a
that the right to govern fl
depends upon the consent of the gov Il
rned and not upon the divine inner Il
lance of power. In a controversy o
Ike that i'm Hawaii the presumption c.