The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-24

other local authority but only by the
President. If the Governor in subvert-
ing and multiplying the plan of execu-
tive control provided for in the Organic
Act and substituting part of the Eng
lish system therefor should also ar
range so that the local Legislature
could remove him by vote of want
of confidence whether the President de-
sired to retain him or not, the arrange
ment might work, but the adopting of
| all of the powers of that system with
none of its checks results clearly in
despotic and practically irresponsible
power against the clear intent and pro-
visions of Congress as expressed in the
Organic Act. 1t is a case of playing
Hamlet with Hamlet left out.
Why is not the executive branch of
the government under the American
system also made amenable to the Leg
islature? What corresponding check is
there in our system for the check ex-
listing under the English system of di-
rect responsibility to the Legislature?
The answer is that under the American
system the executive power is split up
and divided and subdivided into de-
partments, branches and divisions in
dependent more or less of each other
an acting as checks and restraints up
on each other, the very thing that
found a place in our Organic Act and
the very thing which has been wholly
nul1ifed and set aside by the Cover
nor.
Under the American system we have
first certain executive powers vested
in the President and his cabinet. then
other executive powers in the Cover
nor of a State, still other executive
powers in the mayors of cities and the
supervisors of counties Each of these
are absolutely independent of each
other. They in turn are generally
checked in the selection and removal of
sub-officers in the case of the President
by requiring the concurrent action of
the Senate, in the case of a mayor, that
of the city council, etc.
In, other Territories they have city
and municipal government which abb
serbs probably seven-tenths of the
executive power which in this Territory
is conferred in the hands of the Cover
nor and the heads of departments, and
it therefore would seem too plain for
argument that with no city, municipal
or county government to share in the
executive power it is doubly necessary
to preserve the independence of the
various heads of departments now alb
solutely in the hands of the Governor
The necessity of subdividing execu-
tive power under the American system
is universally recognized by all authori-
ties on such questions.
VIEWS OF WEBSTER.
Daniel Webster, the great authority
on the genius and significance of our
system of government has the follow
ing to say in this connection in his great
speech against the abuse of executive
power by Andrew Jackson delivered in
the Senate of the United States on the
7th day of May, 1884.
'The first object of a free people is
the preservation of their liberty; and
liberty is only to be preserved by main
tanning constitutional restraints and
just divisions of political power. Moth
ing is more deceptive or more danger
Gus than the pretence of a desire to
simplify government The simplest
governments are despotisms; the next
simplest limited monarchies; but all
republics, all governments of law, must
impose numerous limitations and quail
fications of authority, and give many
positive and many qualified rights. In
other words, they must be subject to
rule and regulation. This is the very
essence of free political institutions.
The spirit of liberty is. indeed, a bold
and fearless spirit; but it is also a
sharp-sighted spirit; it is cautious,
sagacious, discriminating, fairs seeing in
telligence; it is jealous of encroach-
ment, jealous of power, jealous of man.
It demands checks; it seeks for guards;
| it insists on securities; it intrenches it
self behind strong defences, and forth
fes itself with all possible care against
the assaults of ambition and passion.
1t does not trust the aniable weakness
es Of human nature and therefore it
will not permit power to overstep it's
prescribed limits, though benevolence,
good intent, and patriotic purpose come
along with it. Neither does it satisfy
itself with fiashy and temporary re-
sistance to Illegal authority. Far
otherwise. 1t seeks for duration and
and. building on the experience of
| ages to come. This is the nature of
constitutional liberty; and this is our
| liberty, if we will rightly understand
and preserve it. Every free govern
ment is necessarily complicated, be-
| cause all such governments esta blish
restraints, as well on the power of gov
eminent itself as on that of individuals.
/ IF we will abolish the distinction of
branches, and have but one branch: if
| we will abolish jury trials and leave
| all to the judge; if we will then or
! dain that the legislator shall himser