The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-08-18
THE LAW COMMISSIONERS.

The high character, ability and po-
litical experience, Of the Commission
-ers who are now here and who will
undertake TO draft laws for the govern
ment of the territory, is not only ac-
knowledged, but appreciated by the
white population. The natives will for
a while at least, regard them with
some suspicion, as they listen, unfor-
tunately, to those who grossly mis-
represent the situation, and take a
malicious delight in exciting their
fears. Time only will bring them to
an understanding of the purposes Of
the Commission.
The Commissioners have before them
the task of preparing what is to be,
substantially, the organic law for this
territory, if it is approved by Con
gress. If it were dealing with an av-
erage Anglo-Saxon community, it
would simply draft the laws which are
usual and acceptable to AngIo-Saxon
communities, and quickly close their
labors.
The Commission could, indeed, fol-
low the theory that what is good
enough for the AnglO-SaXOn is good
enough for other races. That is, 1T
could make an iron political bed, and
force this entire community to lie in it.
But the Commission will be guided
by the later and better political
thought of writer's and statesmen on
the true theory of organic law, which
regards government as only the eX-
preston of the ideas of the people
who are to be governed.
The Federal Constitution is no long
err regarded as a clever document in
vented by learned scholars, but the
very best expression of the average
thoughts, habits and usages of the col
onists for a long time previous to the
adoption of the Constitution. The
new or novel provisions Of that Con-
stitution did not arise out Of any
theories, but out of existing and pain
full experiences, such, for instance, as
the inability of the old confederation
to execute it's own laws
Constitutions and laws are the eX-
pressions of the customs and general
ideas of the people"
The Federal Constitution is, there
fore, not ideal, but a compromise In
many ways, an adjustment of political
forces. 1t has already been amended
fifteen times, as it's defects and needs
become apparent. 1t was, however,
the organic law of a homogeneous
race.
These Commissioners must deal, in
drafting an organic act, or laws, with
mixed races, of which about only two
per cent have Anglo-Saxon habits and
thoughts ''in the blood" 1t deals with
entirely new conditions.
The great South American, Bolivar,
said: "A Republic cannot exist where
the snow does not fall" He spoke of
a race OF which not a man, it may be
safely said, comprehended the prin-
cipIes of self government.
Though the snow does not fall here,
excepting on the mountain tops, the
guarantee by the Constitution OF d re-
publican form of government to each
State, and, by inference, to each terri
tory, must be enforced here.
The work of the Commission, there
fore, is to create and preserve, in the
laws it shall draft, the form of govern
rnent designated by the Constitution.
In doing this, it may be called upon
to more clearly define what the limi-
tations are of a republican form of gov
eminent, and to what extent even the
franchise may be qualified.
The suggestion of new form OF
government, generally described as the
Colonial form, may be considered. Ad-
mirable as it would be in the case OF
Hawaii, it would be a departure from
the old and well settled forms Of ter
ritorial government, and excite the OPP
position of the democratic spirit which
prevails in Congress.
Cuba and the Philippines are the
school masters who are now abroad.
What they will teach is on new lines.
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