Nuhou, Volume I, Number 13, 27 January 1874 — OPINIONS [ARTICLE]

OPINIONS

Are variously entertained in respect to the dperative or functional character of two legislative bodies, tHat it is supposed, may be in existence on the occasion of a certain grave nātibna] contingency; and the right. of an old or a new Legislature to act in such case is a question before the puhlie. In the absence of precise Constitutiona.l provision, our opinion is that the Body whieh reflects the latest poliiieal complexion of the country is the propef one to exercise the function of an £lectoral Colleo-e. o There is also some vague speculation in private circles, as to who is the second in rank in the Kingdom, after His Majesty, who might rightfully in accordance with the traditions of the Hawaiian People exercise a prerogative due to precedence of chief rank, and assume the head of a Regency during a period of interregnum. In the absence of any provision bn this poipt in the Constitution granted by His late Majesty Kamehameha V. it has been assumed that the Chief Justice, stands next to the Throne, and is exofficio qualified to assume direction of public affairs in the e\ ent of an interrupted Succession. We object to such assumption. It is oontrary to the spir.it of all free government, that judicial and executive functions should be combined t The celebrated Statesman Chas, Fox, of England, was most scverely condemned for endeavoring to plaee a Lord Chancellor in the Cabinet of the King. No. We must not return to Asiatic conditions, and have a Chief and Judge in the same person. Ihen who is qualified to ta,ke a precedence whieli shall satisfy the sentiment of the country, and promote confidence and order ? This is apointto be considered now, because, bear in mind, tliat if the momentum imparted by the late strong government tided us peacefully over an interregnum without a recogimed head, we liave 110 right to expect the same happy influence to follow the present weak admihistration of affairs. The People will elaim ihat their highest Chief shall assume control, and if there be auy question as to the rank or precedence of' chiefs this is a time to consider it. But there is no grouml for any and we have already expressed the wish and purpose of the oii this point.

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