The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-01-03
CARRIERS ADDRESS CRITICISED
Correspondent Says it is Not Cor
rect or Logical in Inference.

Mr.. EDITOR: Il either Mr.. Carters
address on the ultimate aim of all
laws, nor your editorial on what laws
are, seem to me correct in statement
or logical in inference. To regard all
legislation as simply the formula for
q peoples customs and usages, is as
much of q practical blunder as to swal-
low the paper on which physicians
prescription is written, instead Of tax
ing the medicine compounds according
to the physicisn's directions. It is q
purely mechanical theory of human
nature and its relations, and about as
scientific as the old Ptolemaic theory
of astronomy that made the earth the
centre of the universe. There are
ethical principles at the basis
of all government and all legis-
lation. The nature of man as social,
rational, free, lies at the foundation of
all true scientific estimate Of political
authority, legal justice, legitimate
sovereignty.
It is true that laws, as matters of
State legislation, are rules for regu-
lating the social actions of men. They
are as various as the conditions and
needs of humanity. But such variety
does not contravene the underlying
fact of natural rights, and the neces-
sity and sphere of legislation in the
adoption of such forms of common
action as will best secure those rights.
This is not equivalent to saying that
mankind originated government and
legislation by uniting for this express
purpose. But it is equivalent to de-
| nying that the Republic of Hawaii, as
constituted today, expresses the GUS
toms and usages of the populace OF to-
day. This is no longer "the Empire
of the calabash," and pedigree is not
identical with power" The sovereign.
| ty of today is founded en- rights as
well as right, nc on customs, however
venerable, nor usages, however sa-
credly regarded. Traditionalism is g
dead issue in both Church and State
in this nineteenth century. ''The
| most ancient of our grandmothers
salt-b boxes is q useless piece of ware
| for the needs of today, If it contains nc
SALT" or If it is so clogged in this
| moist tropical climate that there is nc
satisfactory delivery when we need
salt for salubrity or savoriness.
There is very little use in having
| civil, political, personal and religious
| rights, without some power to insure
| the free use or such rights. Ihls power
| to secure our rights is the aim and
object of all laws, and laws are not
therefore, merely the expressions OF
social customs and usages. The right
eousness of any governmental author
ity does not depend upon the whims
| of the populace, but upon that govern.
| ment's securing in the fullest possible
degree the rights of those who live
under any of the different forms oi
| government. Forms vary with the va
rious conditions of time and place and
surroundings under which different
people live. But every government, tc
| be legitimate, must conform to the uItl
mate rule of right. and therefore must
not be incompetent nor iniqultous
otherwise it is vicious and detestable
tyranny. Legality, mechanical and
servile, is conformity to existing out
ward rules and regulations; but 10y
atty, exuberant and joyous, is intelli'
gent and enthusiastic devotion to the
legitimate authority, that in its exer
else of sovereignty, secures for US the
free use of our political rights. The
government in Hawaii nei is not q
matter of custom and usage, but al
! intelligent, firm, liberal administra-
| tiOn of affairs, to secure their inallen-
/ able rights. ii.