Newspaper Page Text
FRIDAY, 0 TOBZR 9. 1"7-
Tfit kre bes) wra arrivals from oigt f' '" u1
rrpoct- The d-prtar bav bra 4th, Clen. Hart-?, f-r Ain
Frmocto; '.it, Victoria, ,r TaL.ti.
Th brlAMMine Timanira sails .t 5 m Franc. .Co lo-rn rr .
and the bakenlms J. A. Fa:k.tburg and U(k Masr Mi' r
lur PwiUnd. boh on M nJij.
W aro li.I'ble-l I A. J. CsMwr;-!.!. E-q , fumm.! n
KJTtrhAcL, fcr the U.t 1UC .f nli,ps rrw rm .: z
lo lh Arrt.r and Orhttsk, and doc this u:i :
AT HOOLt Lt.
. . 2-1 t-jo Ju Allen. Kr.Wf ...Z-l
Java 21. fihr -"tj . a
, Arctic, V h.m'j
juttwarT, iiftnwwn. jifrn rrrj, vwa...j .
;b cmooU. Wii.wm Jo,hlty, long sras-
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fsrasav, Speneer. Onwar 1. Iisves TJ tj
Helen Saow. BrgOnviard 1,1 sra
TrJl-JO, llejpirgstooe. 3.1 sraa-.n.
t u raaci o
Acer Bar&rs, A -so. 3d season Marer
rf , Earoc Jtw.t
..U.un. M ut.i. .-.i d
CasnUai. ruir II Hi
HeVra Mar. Koon....3d fucn Northern
IkiavMS, Frsr..... .3d sraaoa Freer, lKaJa.
Java, Ft... 2J rVa Dmv, V k.
t. George, Know; lea. ; I rnoo
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VORT Or.HOSTOLULU, II.
3 ffrhr Mai
lary Ctlm. Mana, from Ilamakua, Hawaii.
Not. rowCTt, from Ha&olui, Mint.
a 9eht Keonl Aaa, Kankiso. Iroca Kooia.
3 Scar Juasiia, C Unduit. from Waialua.
4 Hrbr Nellie Merrill. Crane, from L-ahaina, Maui.
4 Kcttr PoeokahL, Clark, from liana. Maui.
4-M9cbr Laka, Kaai. from Mokma, KiutL
4 Srhr Manuokatai. Kalauan. frum Mulukai.
4 fthr Warwick, KaJawaia, ha Kalaapai a, MotukaU,
8ckr Paoahl. Ilaim, from llilo, Uawaii.
6 SVhr Fairy Uaeen, Kaaica. from HanaM, Kauai.
7 Pfhr Mile Murria. Lima, fm Kaanakakai, Molukai.
8 ftchr Active, Paaahiva, from Knbala, Hawaii.
10 gtinr Kilaura, Marchaot, from Hawaii and Maui.
t ftrhr flat He. Kimo, t Nawiliwili, Kauai.
3 febr Kamaile, neat, for Roloa, Kauai.
3 Hehr V'ki Fellow, Mka. fir Waittee, Mani.
4 Aaa aehr eo llaroey, Reddekl. fur Han Franriaro.
(tinr Kilaaea, Marrbaol. for Mani and Hawaii.
A Mchr Prince. Beck, fr Kona and Kan. Hawaii.
A Bcbr Mary Ellen, Mana, t Maalaea. Maui.
A Hrbr Keooi Ana, Kaukiuo, dr KorUa.
6 Mcbr Ka Hot, Power. f r Kahului. Maui.
5 Uaw bf to Victoria, I C laia, f Tahiti.
6 Hrbr Nettie Merrill, Crane, fur Labaina, Maui.
S ekkr PucokaM, Clark, tr llaoa, Maui.
ichr Warwick, Kalawaia, r Kalauiaa, Mulxki.
S Ocbr Kisao, Abninala, for Mahko, Maui.
4 Mchr Luka, Kaai, fur Moluaa, Kauai.
7 chr Paoabi, Uopu, for Hlo, Hawaii.
A Bcbr Mile Monia, Lima, lur Kaanakakai, Molokai.
Scbr Fairy Uaeeo, Kaaina, for llanalei, Kauai.
Fob KoaaLa Schr Active, aaila ibU r n.
Po Faaaciaco il(to Tiniandra, aaila to-dar.
Foa PoaTtaao. O. Bkia J A Falkiabuxf and batk Matiie
Macicay, aaU aa Monday.
Fob V lanwaaD PoaTa 8tmr Kilanea, aaila on Monday.
VESSELS IX I'ORT.
It B M'a 8 Beau. Ralph P Cator, Commanler.
U S) 8 Benk-ia, Hopkins, Captain.
I Aaa bkio
Aoi bk I!
i abip P jrrn, Bnwoo.
in Jane A r-aiawbarr. J A Urown, loailinr.
Helen W Alaiy, Freeman, loadinc.
Haw bk Maltie Macleay, For bra. loading.
Bril bk Rifle, John Runcie, diacbar(in(.
WMllIII aSIO TNIDIIt.
Haw wb srhr Giavannl Aptani, Deritjr.
A m tradicf brif Tunaadra. Uareca.
Fee Sa Faawciaco Per Gen. liarney, Oct. 3d
Tom TaBlfl Per Victoria. Oct. 6th:
AIAot, dem hna 2 Per. Capa, ca
' Bread. ca II Pork.bbl
Hay. too 4 Rifles, cse
Kairea, ca. ........ w. 2 She Guns, cte.. ......
M oak eta, ca 2 Snot, fts
MoAaawes, bbis arr. rl
Prints, pes....... 90 Tobacco, cs..
Powder, cs 2.
V aloe Domestic . . t T24.3U; Foreign $ 1 .893.93.
Fob Wlitwii Pobts Per Kilanea. Oct. &(h H n II A
a katmano. Miss C Widemann. W M ttibeno, W L Wilcox, J
Pacsawr. R liinda, Rcr J Blundcen, and about 4J deck.
Fob TaatlTI Per Victoria, Oct. 6th Francois Matelot.
Faow WiBowaa Poars Ter KiUu. Octoher loth s
W Wilcox and bride. J N Gilman and W I. W ileox. I II
' - . . . i . k. . u: t ) I. . .
IfarriS. avra 1 onvia M u -..if niri, iiiuui, mi: .A
Kapena, Mrs S C Biabop and daughter, arl &S deck.
IcTl Btmm In Ibis city, October 11. b) Rev. S. C.
Oaaaoo. D U .Gaoaos F. Kcts, Chief Rc(tneer I . f. .Vitv,
ta Mrs. Caraaaiaa Bixaar-r, cf Iiooo4alu. 17" No (arJ.
Tte Connecticut Legislature is considering a
bill to amend the liquor license law. One section
requires all placed where liquor or beer is sol. I to
b run independently, and be entirely separate
from every other baiatsd. This will make a stir
taon; many city dealers. la Hartford, fur ex mi
ni, aays toe i'oarmJ, the most extensively patron
ized drinking places Lave the disguise of groceries
aad fruit hops. The object evidently is to compel
very man who sell liquor to do hniiies tinier
trne colors, in order that the community may
koow bis occupation, and it is probably believed
bv thoM who framed this part of the act. that it
will aerre u a restrictive measure, as many deal- j
ers, rather tban be known as such, would prefer to !
give op tne business.
Tn rapid descent to ruin of South Carolina, savs
th New York Tunes, U well illustrated by the
flfares given by the Charleston Ackj in regard to
tb land confiscated in default of the pajment of
iiute taxes. Ia twenty-two counties there has been
aoll or confiscated by the State, in two year.
30,134 acres of land, equal In area to 960 square
miles, end throughout tbe entire State the sules
and forfeitures reach 613,657 acres, or 1.32C square
miles. As the entire area of land asdeased for tax
ation is but a little over sixteen and a half millions
of acres, it follows that Eve per cent, of the whole
area of tbe State ha. already been confiscated fur
tbe nonpayment of taxes. At this rate, Mo sea and
bis minions will aoon have a State half as large as
New York to aell to tbe highest bidder.
1 Commercial bbfrtiscr.
! SAT fill) AY. OCTOUEli H.
! It i- now fii.itit 1 v utiJ-'r-t'J that tlie Cuiu
' tui'-f-iii-r- Irui.i J jterniufiit to thf.t tf ash-
int..n f r tl.c !;.-, ,:iat.i n uf a Trcatj of llcci
j jr lij, wiil cuifiit of His lienor, K. II. Allen,
II.-. Mij.-tv' Mii.irtcr rlctiij-jttntiarj and Ln-
i i i.i ii if t -
- . -
Jint fomuii-M .nT. The KuibiffV will iroba-
t!v f.nii fr- :ii h rt u the et.nuicr of the 15th in-
tant. aii l will tmive in Wafhingtuii carlj in N
'tii'tr lhi! will nff-t'J futliclent time to fully
vlio::rs tho !ur jv.t of a 1 reatv v,
-f IVim !,i.t irai.f Cabinet Uf
ith the cieoibers
fre the meeting
' ,n Mr-.irm r.r tc Kn Ha rf Te.
k - -
y-a.f.. r. We tinJiri-Uii.J that Uii Eiccllency II. A.
lVinv, tho I nitc-J i:atei Minister Resident, will
j ahortl v p i h me on a i-it, anJ that he will doubt
! afl" i J hid A (nice8 with hi-J own (overn-
; inent in furthering the object of our Commi-)-
. "1'iir tiri r nf rrinriral ilriinrtitiff exTVrta frr the
J quarter. jreml by the Collector General of
Cur-tom", and which we j.rint under the commer-
i i i . i r &t , ... n .
comrnreil with the correj-3nding period of 187,.-
of nearly two ruillion poundd of eugar, 123,113
jounJs of rice, rjt4'9 pound-j of faddy, 3,905
ouridof c- tTee, 0,574 iecee of hidee, 4&3,252
i.rn t r t ton J . . r 1 T I
plunks oi laujw, aiiu duuus ut wi. "I.
is but fair to add however, that a comparison oc I
the exr-ort-J fjr the first nino months of 1374-,
with those during tlc same period in 1873, showa
a gain in the amount of sugar sent forward of
310,C2S pjund.yVKicet ealt, goat-ekins, hidea
and pulu, nl&i t-how a slight increase for the same
period, while the total value of domestic exports
has decreased the amount of $153,733X1.
Lat Wi:dne5day a statement appeared on the
bulletin-board in front of II. M. Whitney's book
store, to the effect that the Gazelle Las the largest
circulation of any newepaper Lcre. As a busi
ness matter, we feel compelled to take notice of
thin statement as calculated, and doubtless in
tended, to injure us, and we therefore pronounce -
it to be a downright falsehood. Our books will
show, as compared with thoee of any other En
glish newspaper in Honolulu, (with the exception
of the Ftind) that the circulation of the Com
mercial Aivkrti?kr i- by far the largest of any.
Tuere is no reason why a city thould not be as
Wealthy, or even healthier than the country, if
proper attention is paid to cleanliness and purity
of air. No pains should be e pared to prevent all
noxious odors from polluting the aif No one has
a right, by their actti or their neglctt, to contami
nate the air we breathe any more than the food
we cat. Many a typhoid or other fever may be
trao-d to filth on the premises. Attention should
be .aid by every householder to this matter, or
the life of those dearest to him may depend upon
it. Rut if individuals w ill not attend to the duty,
as suggested in our last, there can certainly be
no excuse offered for neglect on the part of the
authorities', to whom the duty belongs we mean
the Uiiard of Health. The subject of deodorizing
all filth id one fa-t gaining ground in England and
America, and when once thoroughly understood
and practiced, will add greatly to the health of
A daily bath, or wash-down with sponge and
soft water, is almost a ncccFtity of nature in this
climate. Nothing is more refreshing, or promo
tive of good bleep, (to secure which should be
the aim ol every one. .who expects to do good
work or succeed in the business of life) than
just before retiring for the night to cleanse the
person in this way. A few quarts of water and
J and a good soft sponge, when applied daily, will
generally be sufficient.
Aktertiie the candid statement which we
made lat-t week in relation to the authorship of
the Diary of a Trip " in company with His
Majesty the King, it would really seem unneces
sary for us to say any more. Rut the Gazette
chooterf to think we have lied about the matter.
Well, the fact is, we caro but very little for the
opinions entertained or expressed iu that journal,
upon any-subject ; but we are ready to con7ince
any reasonable person in five minutes, that in
this pictty dispute we have the truth on our side.
We have in our possession the unmistakable
manuscript of Judge Wright, to show that he
was our correspondent on the occasion referred to,
and that he wrote every word of the strictures on
the Kuokoa, which strictures were based upon
information obtained by him from members of
the party in whose company he traveled. Any
one wishing to satisfy himself 83 to what was
said by the j-eople on Hawaii and Maui about the
Kuokoa, 'n referred to any of the party who
traveled in company with His Majesty and heard
the conversations that took p-lace.
orresiomet w ho writes somewhat
lengthily as well as earnestly, over the signature
of "Hawaii l'onoi" which may be translated,
.4 True Hawaiian inquires whether all for
eigners now holding office under this Government
have taken the oath of allegiance, in accordance
wit!i "the statute in that case made and provi
ded"? In reply, we can say that it "j fairly to
be presumed that they have; but the only way in
which "Hawaii Ronoi" can be certainly an
swered is by pushing hid inquiries at the Interior
Office, where the gentlemanly Chief Clerk will
doubtless afford hiui every facility. The law to
which he refers was approved August 1st, 1S74,
-.. I i , r ii .
a buu ivii'is us luiiuno.
Sue. 1. From and after the passage of this act
every person who may be appointed to any omee of
predt ir emolument under the Government of this
King lorn shall, before entering upon the da ties of his
office, take anJ subscribe the oath of Allegiance, in
manner an I frm prescribed by sections 400 and 431
of the Civil tVJe.
Six-. '2. Every person now holding any office of
profit or ciHoIumcDt under the Government of this
Kingium, rho shall not already have taken such
cath as afiresaiJ, and who shall neglect or refuse to
take such cath wishin three months from the passage
of this act, sbivll te deemed to have resigned his
cfJice, which shall become vacant at the expiration of
Pi'Bing the corR5E of negotiations for a treatv,
our Cmmisioners at Washington will doubtless
have many and particular questions propounded
to them respecting matters and things at the Isl
ands, all of which it is to be hopd they will l-c
prepared to answer satisfactorily. It may be re
membered t hat during the former unsuccessful
negotiations, the i lea somehow prevailed with
the opponents to the Treaty in the United States,
that the scheme was of a sj eculative nature, for
the benefit nt:d pre fit of a few at the islandd, and
tDat tjlC nati.jn at lar.'e the
masses-, we may say
did not deeire or appreciate Reciprocity. Now
if this objection shall bo again mooted, we may
supple onr Couimissior.ers triumphantly point
ing to the action of the Legi.-lature of the p.reeent
year, in the passage of the " Act to Facilitate the
Negotiation of a Treaty or Treaties of Reci
procity," as a proof of the feeling of the Repre
sentative." of the p-cop le on the subject, inasmuch
as by the adoption of that Act the Legislature
pur?-ucd the rather unuual course of sanctioning
beforehand, any Treaty that might be obtained
between Sessions. Thus, our Commissioners
, might urge, the Representatives of the Hawaiian
joojlc, who were almost tJ a man aboriginal na
tives, direct from the people, have testified in a :
very marked manner their earnest d-ire f r the
c.nsumiuatiun of a treaty ot Reciprocity. j
Rut it might be unfortunate, or a; Ionfrt em- ;
barraing, just at this juncture, if eouie Senator j
should luiprcn tc be provided with a le of the (
llavrattan Gaziltt, and basing ba argument upjn
the etatcmcnU fjund therein should proceed to
adires our Commiseioncra after this wite: 'l
read, gentlemen, in one of. jour Honolulu papers,
(which by the way, has a semi-official character,
and is published and edited by a member of your
Priry Council of State) that at the last Session ol
your Legislature, 'Rum alone influenced the Totes
of your Repres-entative?, and that 'a Fpirituoua,
not a political force controlled your Legislature,'
many of the members of which returned to their
homes debauched with the excessive use of ir-tox-' j
icating drinks. AnJ I further read in the same; j
paper, 4 that the influence of Rum, emanating from; j
official sources, is spreading among the p-eople j
and working like a damning plague,' etc., etc, j
Vaw irentlpinen. the earnest desire for Reei !
procity as testified by the action of your Ixgisla 1
ture, does not, under such circumstances, amount
to a great deal. Nor, in fact, would a sensible
man attach much weight to anything that such a
set of Legislative rummies might do or say."
Just such a "fire in the rear" as this it id by
no means improbable that our Commissioners to
Washington may have to meet, in consequence of
the Gazette's persistent reiteration of what is
notoriously untrue in regard to the prevalence of
drunkenned among the members of the Legisla
ture of 1874. We present the singular spectacle
of a government owning a building, printing
presses and types, which it leases to a person who
industriously uses those facilities for the purpose
ot defaming and libelling the nation and malig
ning the government. Is it not "a shame that
such a state of affairs should exist and that the
leader in it should be permitted to hold a scat in
the King's" Privy Council of State?
At the opening of the October Term on Mon
day last, His Honor, First Associate Justice
Harris, addressed the members of the Rar as
Gentlemen : My attention has been especially
directed to an article in one of the local newspapers,
oommfjriting on present and prospective absences of
members of this Court. Of course the construction
of the Court, and the industry and faithfulness of
its members are of the highest importance to the
community; but as yon, gentlemen, are tbe medium
through which tbe Court does its business with the
community, it is to be inferred that if any one is In
convenienced by any peculiarity in the Court, it
must be you; and it seems to me equally to be in
ferred that if you do not feel the inconvenience there
is none in point of fact.
It is true that the Chief Justice is going abroad
but he is going on a public duty, for which it is
thought be has peculiar adaptedness. Cut it is a
mistake to suppose that Justice JudJ ia about to be
absent several months. His intention was to take
the interval between the terms. Consequently he
left in August, and I do not doubt would have been
back now if I had not in my letter advised him to
6tay out the month of September, which is a particu
larly agreeable month in the Northern States. I ex
pect him during the latter days of this month, and
certainly in the first weeks of the next month.
The daily business of Court and the trials at nii
priut at the terms of the Circuit must be attended to
by one Judge, and though at Chambers one may
select his Judge before whom to bring his complaint,
at the terms the litigant can have no selection, but
the arrangement is with the members of the Court;
and therefore for the time being it can make no dif
ference to those doing business before the Court
whether tbe other Judges are in the neighboring
rooms or elsewhere.
Vie try to keep the business of the Court up to
date, and I think try successfully. There are no
cases iu which judgment is reserved or in which
judgment has been delayed, or which have not re
ceived prompt and full attention.
It would be very hard if because a man is a Judge,
he should not be at liberty to spend his vacation
where it may be most beneficial to him. And it is
difficult to see how one can be in any considerable
degree more useful at Kilauea, than when occupying
his time of recreation in any other voyage at sea, of
similar duration. And it certainly does not appear
for tbe public interest that a Judge should feel him
self compelled to resign, and that a new Judge should
be appointed every time that health, reasonable rec
reation or important business should seem to make it
desirable that one of ihe Judges should go abroad.
The three Judges are sot appointed with a view
of having alt. present at all times, but with a view
of securing uninterruptedness in the dispensation of
justice; of preserving "the traditions as it may be said
of tbe Court, so that it may not change so rapidly
and decisively; of providing against the contingen
cies of illness or other necessary absence; and to se
cure the coming to some conclusion by the Court in
case of a divided opinion. I apprehend that it would
be found very difficult to establish the proposition
by example in other countries that the Court is not
competent for tbe purpose of doing business because
cue of its members is absent; or to find a case where
it has been found a cause of complaint that an Eng
lish or American Judge or two during vacation, have
been found in Switzerland; or in the case of Ameri
can Judges in Canada; or Judges from States otber
tban ew lork, are found at Niagara, Saratoga, or
in the Adirondac; or other than New Hampshire
Judges are met with at the White Mountains or on
the Rye-Beach ; and certainly our insular position
does not render the reasons for going abroad reason
ably any less strong.
In a late illustrious case it was not thought that
tbe Chief Justice of England was much out of his
place by serving his country at Geneva. His coun
try had other able men, but thought it best to send
him and did so.
Our country has other able men than the Chief
Justice; but those in authority, after consulting the
Privy Council and taking all the reasons for and
against into consideration, have thought it best to
send bim en an important public mission. And is it
too much to ask that it may be considered that the
reasonable juJgment of the remaining Judges may
be somewhat relied on as regards tbe difficulties at
tending the absence of their Chief?
Of course many possible cases of possible inconve
nience may be imagined, but if the business of the
Court is not done efficiently with reasonable prompt
itude then, and, I submit, not till then, there will be
reasonable ground of complaint; and it Bhould be
But if it is so done, is it not very unjust towards
Judges and unwise towards the public, to allow the
impression to be diffused among those who are not
frequently in the Courts, that faithful public officers
are slack in their duty, or unreasonably self indul
gent. ' I do not think that there is a community in the
civilized world, where justice is so promptly admin
istered as it is here of the efficiency of the justice
you are as good and perhaps better Judges than
On the assembling of the Court on Tuesday
morning. Mr. A. S. Hart well spoke as follows :
Mat it Please Yovr Hoxoxs : 1 listened with
great respect and attention to Mr. Justice Harris'
remarks yesterday touching tbe kind ef comment
that has been made by some upon the approaching
absence from the Kiogdom of His Honor tbe
Chancellor, and comments generally which are in
correctly made concerning tbe effect on the public
interests of the absence of the Judges ; touching
tb? wrong done to the Bench, and hence to tbe
public, in false impressions affecting its integrity
and usefulness ; and touching tbe duty of all who
have complaints to make, to present them in open
Court, through tbe members of tbe Bar.
No one can feel more tban myself the wrong
done to Judges by those who reflect unrairly upon
their motives, and acts, for their position does not
allow them to reply ; often they hear nothing of
such reflections until after bad impressions have
In addressing myself to the subjects on which
discussion has thus been suggested. I am aware of
the delicacy of attempting any response. But I
should not be true to my duty to this tribunal, to
my clients or to myself, did I not state here very
candidly what I think of this matter.
I hardly need say that every consideration of
pleasure, of duty, of interest and almost of neces
sity, w?ighs upon me to say nothing which could
be construed to reflect disrespectfully or disadvan
tigeously to the Honorable Members of this Bench.
No one can fail to know that there are special
public interests which have called His Hjnor, the
Chancellor, to another post cf duty abroad. No
one ought to have anything to say of the manner in
which Judges use vacation leisure, w hether In rest,
recreation, or private business.
But what I do respectfully urge is, that I have
found by my practical every day experience as a
member of tbe Bar, that there is frequent difficulty
11 J'i-a--iirig Causes o lore an ( 1'ui.nc .v.u-
p.,sed of only two Jur-.ices. My brethren at the
Bar, and m:sv ia the community, have expressed j
to me the same view. The difficulty with the large j
Supreme Courts of Kngland and tbe United States j
when one or two or ibree justices are away for a i
time, is not so great as wi;h us who iiave but three
members of that tribunal. Rut we. in thU small
Kingdom, value our cases a highly as if in alarje
country. There are several causes cf the embar
rassment. An appeal from one Justice to himself
and another is Bot changed unless be changes it, I
know cases are disposed of here faster than is often
the case elsewhere. But it is tbe appellate juris
diction of a full Court that is wanted. Cases also,
which Involve rights of persoral liberty or of
property, often reqnire speeJy decision by a full
Lcadi.-f Hf"-L33re'-JXI milJ respectfully
allude to the large famflyToonections in ;his city
of one of tbe honored Associate Justices, in conse
quence of which he often must find himself dis
qualified from hearing causes. Tbe almost unpar
alleled experience of tbe other Hon. Associate
Justice in pnblic nffalrs and in private life, as .
legal adviser of Lot Kamebarneha, Chief Crown
Adviser of HisIsjesty Kamebarneha V. as a
leading and untiring advocate at this Bar.engaged
iu causes affecting most of the large estates in the
Kingdom, many of which are still unsettled, these
things must embarrass bim in bearin? many causes
that may arise. If I am told that no such cases
are yet before the Court, I reply that they are not
likely to be presented. I have myself been con
sulted in some such matters, but of course
declined to present them now.
I suppose all feel the difficulty, but are not sure
of tbe remedy. May I not suggest that tbe laws
permit the appointment of another member of the
Bench for the purpose of keeping it full T Ferbaps
my circumstances render it possible for me to 6ay
this more readily than any of the rest of the Bar
would wish to say it, for they are the ones to be
thought of for such a place.
I have spoken in sincerity with regard to the
best interests ot the Bench and the country, and I
hope what I have said will thus be received.
At the conclusion of Judge Ilartwcll's remarks,
the Chief Justice observed that he would be
happy to bear from any other gentleman, where
upon Mr. S. B. Dole said :
Mat ii Please Yoch. Honors : It is with much
hesitancy that I speak before you, upon a matter re
lating to the composition of the Bench. I think I
feel in good measure, the importance of the dignity
of-the Court, and of the unquestioned supremacy of
law. These are considerations in wbiah theanembers
of the Bar are deeply interestedv arid I agree with
Mr. Justice Harris, that it is for the advantage of the
Court and of the Bar that suggestions affecting the
status of the Bench, should be offered in open Court
rather than in other places. I support the sentiments
. i e . ...tl itA r . i rl , ..1
expressed by my Drotner uartweu on mis suDjecutj
This question of the proposed absence of theC-h
Justice, is one that does not relate to the ability of
the Bench nor of any member thereof : it concerns
the privilege of appeals, which the Constitution and
the laws in their creation of our tribunals of Justice,
have carefully preserved as a civil right to all men
who may there appear as parties. To this end the
Supreme Court is made to consist of three Judges, in
order that a majority ruling may always te obtained
upon questions at issue before them. It is plain,
even to an unprofessional mind, that this principle
will be eeriously prejudiced, when the Court consists
of but two Judges. In such a case aa appeal from'
one Judge to the other amounts to nothing by way of
a.fecting or reversing the previous decision, unless in
addition to a favorable ruliDg from the latter, the
former is induced to reverse bis own first opinion.
All will perceive the hardship and difficulty of such
conditions. The principle of appeals is not carried
out in its full meaning. It is like appealing from the
ruling of a Judge to himself again in the hope of
making him change his mind. For these reasons
simply, we should regret the reduction of the Supreme
Court to two members for an indefinite or lengthened
period. The absent Judge, from our experience be
fore the Court, should his absence become protracted,
will be seriously missed. So far as I have ascertained
from conversation with various members of the com
munity, the prevailing sentiment agrees with what I
have expressed. As a representative of the interests
of clients and in a certain sense as a representative
of public and general interests before this Court, as
well as for my own sake as a member of the Bar,
have I addressed Your Honors upon this subject. 1
trust that what I have said, is received in full confi
dence of my earnest desire to co-operate with the
Court in every way fcr the maintainance of its dig
nity and usefulness.
The Chief Justice then arose, and spoke in
effect as follows : ; i
I have listened with pleasure to the remarks that
have been made, for it is much better when anything
is to be said to come right out, and to use an inele
gant expression, have a "flat-footed" talk, and
that we have had.
But no one proposes to be absent for a lengthened
and indefinite time at least I do not. I go upon a
mission deemed by His Majesty aud His government
of great importance to the public interest. But I
recognize to its fullest extent that my first duty lies
in this Court, and when I shall leave, every case will
have been heard and determined as indeed has been
the case at sll times when I have been absent before.
The great difficulty is, that you, gentlemen, who
have spoken, are dealing with possibilities, but we
are dealing with realities. Others beside myself
have been abroad whilst occupying seats on this
Bench. The gentleman who spoke first did so, nnd
I stayed nt home and did not observe the difficulties
and inconveniences, either to practitioners or the
public which you indicate. At each time when I
have been absent, I have been engaged on a public
business far more laborious and harassing than my
duties here except once when I was called abroad
by the severe illness of a member cf my family. I
a in now going on a public duty of like natuie as that
which has taken me abroad before, in the perform
ance cf which I anticipate the greatest labor and
anxiety. If it is not thought desirable that I shall
go, I shall willingly remain at home. But the law
contemplates an occasional absence of the Chief Jus
tice, and provides for the discharge of the duties of
Washington is not so far away as formerly. In
telligence can be obtained from the islands within
ten days by steam and telegraph; twenty days will
bring one from there to here, and if any occasion
should arise which should seem to make my presence
here so very necessary to any one, as you indicate
the possibility cf I certainly should return imme
diately. No one shall suffer in any of their interests
or rights, if I can possibly prevent it. I again say,
gentlemen, that your anticipations raise difficulties,
fanciful not real, which the experience of the, twenty
years during which I have occupied this place does
not justify, either on the occasions of my own former
absences or that of those who have occupied the
Bench with me. Justice ha3 always biv.i promptly
rendered in this Court. And I say that there is no
community in the world where there has been so
little delay in giving ju Jgment and final judgment
on the cases presented before the Court.
The J udge's earnestness and accent added much
force to his remarks.
The speeches given above, which are nearly
word for word as delivered from the Bench, and
by the gentlemen of the Rar who spoke, will
have been read with interest, and may justly be
said to comprise about all that can be adduced
on cither side of the discussion. The position
assumed by us two weeks ngo, (and which has
led to what His Honor the Chief Justice rather
aptly termed "a flat-footed talk") that the
Bench should as nearly as poeible be kept always
full, will be deemed in the view of the general
pmblic to have beeo fully established. But on
the other Land, it is admitted by pretty much every
one that urgent national interests demand that
tbe Chief Justice should go abroad on a ppecial
duty ; and to the suggestion that a temporary
Justice should be appointed during bis absence
in order to keep the Bench full, the obvious an
swer is that there is no provision in the Appro
priation Bill for the payment of such a Justice.
To be sure, we tavc known instances in the past
when a Ministry have assumed much graver pecu
niary responsibilities than would be the payment
of a salary for an extra Judge of the Supreme
Court, and have corifiuYntly trusted to a bill of
indemnity to square the account; and thie is an
emergency that wouM justify such a course. But
the former instances occurred at least three or
four years ago.
At all events, the opening of the subject in
these columns has been the means of eliciting a
marked expression of public opinion, which, if it
does not result in accomplishing the desired end
at the present moment, may not be barren of
fruit in the future.
Beet Sugar in Santa Cruz. We learn from the
Santa Cruz Enterprise that the beets planted near
that place for the Iieot Sugar Company last spring
have made a satisfactory growth, and, from a test
lately made by the Superintendent of tbe factory,
they contain 12 J per cent, of sugar. This is within
j of the best yield of sugar from beeta known.
We Lave had cornets in o.i!s and corn and flour.
and almost everything else, but now the chew era
and smokers have got to catch it. An effort is on
foet among the heavy tobacco dt alers and specu
lators in New York to run up the price ol tobacco,
owing: to the failure to the crop in Tennessee. Ken
tucky, Wisconsin and Ohio. The most noticeable
advance thus far has been in the low grades, par
ticularly hogshead?. wLicb advanced frcm 4J cents
on July" 1 to f and 7 cents on August 1.
Shippers are 6aid to be now in the market pur
chasing largely for export, and as the Western
crop, which is usually purchased for this purpose
has been a disappointment, tbey are taking low
grades of the Eastern States instead. The demand
for shipment tasbeen farther increased by advices
from abroad that tbe crop in Hungary is almost an
entire failure. Similar reports come from other
portions of the continent, and many are of opinion
that la consequence a large portion of the
European supply than usual w ill have to be drawn
from the United States. A". B. !iruiird.
The New Orleans Picayune, of July 19th. says
of the Sugar crop : The season has been tbe most
favorable for the growth of tbe caae in Louisiana
within tbe last decade. Both the plant and stubble
are of extraordinary size, and appear rich in
saccharine matter. Should no untoward event
occur, the crop will be considerably in excess of
last year, notwithstanding the loss from overflow.
A fair estimate with an average grinding season is
The Rice Crop. The Savannah AJivrtisrr ot
the ISth says : " The prospects for the coming
crop are most encouraging. From some few plan
ters with whom we have conversed we learn that,
although somewhat backward. June, their best
month, was tbe most favorable for the crop ex
perienced tor several years, and should no exten
sive galea befall the crop in August and September,
a plentiful yield will be the result."
Little Mac and Mrs. McClellan are summering
HAWAIIAN HOTEL LUNCH BOOMS !
Uo, for the stew the floriooj new.
With cold ham and cracker and ererythina; new,
W ith a cheer and a smile on tt.e Cuisine' face,
I'm served with attention, polite ueia and grace,
cmacking my Lips,
It pleased my fancy, it tickle my ribs,
O elorious stew it must do me rood.
5 Analytically tested prove nourishing food,
O glorious atew, I ne'er loved thee so well
As when cooked at the Lunch room
Of the Hawaiian Hotel.
1959 KOBERT Vos OHLHAFFEN.
DR. TROUSSEAU ItESPECTFl'LLT BEGS
to give n:tice that from and after the 1st of October,
1874, MR. KICU'D F. BICKKRTON will keep his accounts,
and collect the same ; consequenUy all monies due bim will
have to be paid to Mr. Bickerlon, who is authorized to receipt
for same. 95S 3m
ALL PERSON'S ARE FORBID- 4M.
BEN to TRESPASS and SHOOT on the PUNA- JvSJ
UOU COLLEGE PREMISES, and also on the JU
roauka land called KOLOWALC, adjoining the land
,0," the II ui at Manoa Valley.
957 E. P. CIICRCH.
NEITHER THE CAPTAIX OR
OWNERS! will be held responsible fur any debt
contracted by tbe officers or crew of the British
JOHN RCNCIE, Master Br. Bk. Rifle.
Honolulu, October 3d, 1874. 958
NOTICE TO CREDITORS.
V FIRST DIVIDEND OF THIRTY PER
CENT, will be paid to the Creditor of the Entate of
AM AU on and after the 2Gth of September, 1874, at the Office
of F. A. Schaefer A- Co.
957 4t F. A. SCHAEFER, Assignee.
OUR JOURNAL IN THE PACIFIC
Y THE OFFICERS OF H. M. S. ZKAL-
OVS, Edited by LIEUT. 8. EARDLEY WILMOT. A
Few Copies of this Long Promised Book !
AND THE LAST OF TI1E EDITION,
as rapid has been their sale In England. JUST RE
CEIVED. PRICE, G OO.
953 lm At THOS G. Til RUM'S.
AT Tim. C3 FORT STREET. R.C.KIBBV
continues to Repair Watches and Jewelry in the best
manner and at reasonable rates; will
MEND SEWING MACHINES:
and all small articles in Gold. Silver or Steel, old Metal Spoons
and Forks re-plated with Silver in the best possible manner.
Satisfaction given in all cases.
LADIES, LADIES !
You cannot sff .rd to buy B new Sewing Machine nntil you
have tried the EASY RUNNING DOMESTIC, no noise, no
weariness aero the back, call at the sign of the Big Watch,
oposite C. E. Williams' Furniture Store on Fort Street, and
exftinine it, bring along your work and try it.
91S 8m U. C. KIBBY. Agent for tbe Haw'a Is.
EXECUTOR'S SALE OF REAL ESTATE !
IJY VIRTUE OK AN
ORDER OF THE
Hon. C. C. Harris. First Awociate Justice of the Supreme
ourt, made in Probate on the 29ih day of September, 1874, I
fIinII expose at Public Sale at Auction, to the highest bidder,
for cash, on the premises, at the upset price of Five Hundred
Lullars, on Saturday, tt.e 17ih day of October, 1874, at 12
o'clock, noon, the following Real Estate, situated on King St.,
In Honolulu, ami described in Kcyal Patent, No. 610, as follows:
K boomaka ma ke kihi komohana makai oka pa o Kapu
iki ke kihi hema o keia pahate e pili ana me ka Alanui Alii,
holo ana 1 Ewa a e holo akau 62 hik. 278 pauku e pili ana
k pahale o Kapuiki a hiki I kihi hik. mauka o keia, alaila
a.au 29 3 kom. 96 pauku ma ka aoao mauka e pili ana me ko
ke konohiki a l.ik; i ke kihi akau o keia i kihi hik. o keia
h.ipalua ()) alui'a hema62 kom. 271 pauku e mahele ana
iu:iraena I kaawale elua a hiki i ka liht mauka o ke Alanui
Alii: alaila hema 25 hik. 96 pauku ma ke Alanui Alii, a hiki
I ka hoomaka ami. Ue2(5-1000 Eka malaila.
TiUe good. For further particulars enquire of the under
signed. F. A. SCHAEFER,
Administrator of the Estate of John Steineck.
Honolulu, September 29th, 1874. 958 2t
FOR SALE LOW BY
C. BREWER & CO.
TO LOVERS 0FG00D BUTTER.
HAVING INCREASED MY FACILITIES
for the MANUFACTURE OF 11 UTTER, I am now pre
pared to furnish a limited number of families, in addition to
present customers, with a superior article, delivered fresh
fr. m the fcairy, evry WEDN EsDAY AND SATURDAY.
The proximity of my Dairy to the City, its elevated position,
the abundance of fresh water, air an! fresh grass, the appli
cation of the most approved modern process ot manufacture,
with my personal attention to all the details, and the most
scrupulous regard to neatness in its every stage, from the
cow to the customer enables me to ensure an article, unequall
ed ia the market, and at a reduced price.
501 J. H. WOOD.
JUST RECEIVED ! !
PER J. A. FALKINBURG.
A Few Galls, of the 12 Year Old
I TIRO. M MESSRS. MILLIARD Si VAN
SCHCYVfctt, Portland, Oregon.
TIIK jL.A..-T OT THE HTOCTv S
957 lm For Sale by CHAS. LOXO.
Genuine French Screwed Boots
Genuine French Screwed Boots
Genuine French Screwed Boots
A FRESH LOT
JUST RECEIVED DIRECT FROM PARIS !
AND FOR SALB BY
M. S. G R I NBA I'M Aj CO,
STEAMERS, D. G. niUHRAY AND SYREN
J-JOWXKR'S AND DFiVOE'S KEROSENE Oil.,
UVAM'S S-CAKD FRICTION MATCIIlv,
AMOSKEAG AND PEARL RIVER DENIMS!
BARRELS EXTRA Ql'.tLITV DAIRV SALT, l AND 0 I.U. BAGS.
OX IIO S, 1 1.2. I 3-1 AND 2 INCHES VARNISHED.
GOLDEN GATE, SUPERFINE AND OREGON EXTRA FLOUR !
Coliiiiibln. Tfcivei Hiilmoii in OnrrclM, IiIXLTXt-rV !
4-4 Fine White China Matting. Iresh at rival. Knglish Kreakf.ist and Japan Teas, 1, 3 A 5 lb. kga.
Oat. Corn and Wheat Meal. Cracked Wheat and Hye Flour, Crushed ugar.
Fresh Canned Fruits from California.
Hubbuck's Pest Tale Boiled Linseed Oil, also. Baw. llubbuck'n White Iioad and Zinc, Putty,
A good assortment ot Faints in Oil. 1 and 2 lb. can.
ALSO, A GENERAL ASS O R T M E N T O F
SHELF HARDWARE, DRY GOODS, GROCERIES I I
Tin and Wooden Ware. Taris, Eagle No. 2 and 20, and Steel Flow, llooa, Uakea,
Spades, Shovels, Etc. lite. Etc. Etc. Etc. Etc. Etc. Etc.
Tho above Goods will bo Sold on most Liberal Terms, .j&z
SALE OF REAL ESTATE
AT PUBLIC AUCTION,
Situated in WAIOHINU, KAU,
Island or Hawaii.
.as- THE UNDERSIGNED. AIT.
K5l TIONEER, authorised by and with the
' consent of the Executors of tbe Estate of
JOUN II. THOMPSON, deceased, mortgagee, will expone I..r
Sale at Public Auction, at WAIOUINU, aforesaid,
On SATURDAY, the 31st Day of Oct. 1874,
At 12 M. the following Real Fatate, situated in Waio-
hinu, aforesaid, consisting of
Tr W T.t- T . V TVrit with Right of Water
from the Waiohinu Spring containing in all, as ir Surrey,
TWO and 8-100 Acres, more or less.
Also, authorized ly the Assignee of the Estate of
JOSEPH R. SPENCER, by and with the consent if the
Executors of the Estate of John II. Thompson, decrated, first
mortgagee, and Dillingham A Co., second mortgagee, will expose
for sale at Public Auction, at the time aud place aforesaid,
ALL THAT TRACT OP LAND !
situated in Waiohinu, aforesaid, and described In a certain
deed from His Majeaty Kameliameha IV. to Mr. M. M. (lower,
dated, the 23d day ot March. 1861. Together with all the
liuilitings and Improvements thereon.
ALSO, authorized by tha Assignee or the Estate of
Joseph R. Spencer, and with the consent of Dillingham 4k Co ,
mortgagees, will expose for sale at Public Auction, at the time
and place aforesaid,
ALL THOSE TWO CERTAIN LOTS !
situated in Waiohinu aforesaid, and more particularly de
scribed In a certain deed from Sema Nnmakaelua to V. I.
Spencer, dated 17th November, 1864 containing 7-100 ot an
Acre, with the improvement thereon, and all that Certain
TRACT OF LAND described in a certain deed from Sema Na
makaelua to C. N. Spencer, dated the 16th February, 1802,
containing 9 3-4 Acres, more or less.
And also, authorized by the Assignee of the Xstate
of Joseph Spencer, will expose for sale at Public Auction, at the
time and place aforesaid,
All that kuleana or Tract of Land
situated In Waiohinu, aforesaid, and more fully described in.
Royal Patent No. 5002, and containing an Area of 2 and 71-100
Acres, more or less.
rrr TERMS OK SALE CASH, and title paper at expense
of Purchaser. Plan of Propeiy to be seen ou or before day
of sale. For further particulars apply to O. II. SI' ENCER,
Auctioneer, Waiohinu, or F. A. SCHAEFER, Assignee of the
Estate of Joseph R. Spencer, Honolulu.
958 4t O. B. SPENCER, Auct'r.
Special Purchasing Agent!
THOS. C. THRUM
EXPECTING TO VISIT SAX Fit A CISCO
by the Steamer of October 15th, respectfully tenders his
services to the public, in tha above capacity, for the attention
of any orders in his line.
The opportunity is an excellent one for parties desiring
special selections for the coming Holidays, Ac.
All orders must be in writing and should be as explicits
possible to avoid mistakes.
tf-p T; G. T. trust that hi patrons will favor
?LJ him with an early settlement of their quarterly
accounts when presented, especially such as have bven con
tinued from one quarter to another. I'jT H
Hf R, ALBERT S. WILCOX, OF WAIOLI,
X'Ja. KAUAI, having made an assignment or his property
to me for the benefit of his creditors; all persons having
claims againat the said Albert 8. Wilcox, are hereby requested
to send their accounts to me within one month from tliU date.
Lihue, Kauai, September 19th, 1874. 957
TO LET !
a sir. iiubsri a .iu a sv r. ..i r..-
on Richard Street, opposite the Hawaiian Hotel, $2
formerly occupied by Mrs. Green. A very pleas- mm
ant location. Possession given immediately.
MTHE PREMISES FORMERLY OCCUPIED AS U.S.
MARINE HOSPITAL, adjoining the above. Posses
ion given immediately. For particulars apply to
J. H. C'iNEY, or
957 C. S. HA RTOW.
rtpHE PUBLIC ARE HEREBY NOT1
M. fled that JUSEPII IUCHALSKY ha no authority to
sell any Leather or material made at the KALAUAO TAN
NERY, nor to Incur any expenditure on account of the same
except through the undersigned.
J. I. DOWSETT.
Honolulu, March 17, 1873. bJt)
E. O. HALL & SON
HAVE JUST RECEIVED. AND HAVE
in Hl'OKK, a great variety of New GjoJs, too numerous
to specify, but amonz which may be found :
CARD MATCHES, KEROSENE OIL ! j
HORSE rHOES, SHOE SHAPES:,
PLOWS AND CULTIVATORS,
Hall's Patent Caner Hatchets !
A NEW ARTICLE.
Axes, Pick Mattocks, Axe Handles,
Fairbank's Scales, 4 sizes;
Shovels, Spades, Socket Hoes, Rakes
Fence Wire and Staples, Ox Bows,
Whctlbarrows, Canal Barrows,
IN GREAT VARIETY.
Iron Tub and PaiN, Sheet Iron, j
PAINTS, OIL, TURPENTINE ! j
Putty, Varnishes. Perforated and Plain Zinc,
Tinned Wire, Tin Plates. IC, IX, IXX,
BUxk Tin, Solder.
Carriage and Tire Bolts, Ac. Ac, Ac.
NEW STYLE OF PRINTS!
BLEACHED AND BROWN COTTON,
SHEETINGS, DENIMS, TICKING,
SEWING SILK, SPOOL COTTON, Air, Air.
and. Hetail !
- 5T -
E. O. HALL & SOKM
KEEP THEIR USUAL FULL AND CON
STANT SUPPLY or
IN THEIR LINE!
ALSO, FINE PLATED TABLE WARE !
STAPLE DRY GOODS,
PAINTS, OIL, TURPENTINE AND VARNISH,
COOKING STOVES AND HOLLOW WARE,
DOWNER'S AND CRYSTALINK KKUOSENK OIL,
OXBOWS, YOKES AND WHEELBARROWS,
CAST STEEL, NAIL 110 IM k I10RSK ftilOK IRON,
CALIFORNIA SOLE AND SKIRTINd LEATHER,
FRENCH CALF AND LINING hKINft,
FANCY AND CARBOLIC SOAPS,
TIN PLATES, SOLDER AND LEAD PIPE, Pl'MPS,
CARRIAGE AXLES AND SPRINGS,
OLUE, BORAX, PUMICE AND ROTTED BTONsT,
Shoemaker's Tools, Lasts, Pegs & Threads
Dairy Salt, Card Matches and Door Mats,
All tort of Brushes, Blocking and Shoe Polish,
C0COAINE, HYPERION, PVROL10NOUS ACID, Ae., Ae.
Road and Carpontor's Tools,
Handles, &c, &c.
CHURCH, PLANTATION, TABLE AND OONO BELLS.
THOI SAM) ART.'fLF-S FOR 1SR k COSVK.MEMK
Too numerous to mention.
All For hale at Ihr Lowest Pstaalblr Price's I
95fl CALL OR SEND. 3io
THEO. H. DAVIES
OFFERS FOR SALE
rj? ii 112 c yv rs. g o
BRITISH BARIC "RIFLE"!
JUST ARRIVED FROM LIVERPOOL
IT AltfiE PATTERNS St PINK PRINTS.
Chint. Etrie and Fancy Prints,
Heavy Blue Deulius, Orey Cotton Shirtings,
Grey Cottnu Twills, Linen Drills, Sheetings,
W hite Cotton, Cotton Towels, Mosquito Net,
FANCY WOOLEN SHIRTS
S Z 73 Xs 33 S 1
HEAVY WOOLEN PONCHOS !
Blue Flannels, White Flannels,
Black and Blue Fine Cloths, Alparas, Cobnnrgs,
W oolen hhawl. Hawaiian and American Flags,
SriM-d Austrian Blankets,
Silk Umbrellas, Alpaca Sacs,
Fine Pckin Cloth for Upholstery !
A FINE ASSORTMT OF BLANKETS
Viz : CSxHO. C lbs., a'S'-rted colors; "2x84, 7) II., assort!
colors; and 72x1. 4 pt. Heavy Dark
4 Pieces Only El rant V Wet Carpets,
6 only, lirge site. Velvet Rug Carpets, 81x17 Inch.
A soia.l assortment of Council's Celebrated Hair Brushes
English Leather Belting, 3-in up to Ii iuclies.
White Laces, Assorted Printing Inks,
Vegetable Oil (for machinery). White Lead,
Zinc and Boiled Oil, Csstor Oil,
E A HTII E N V ARE,
HOOP IKON. 3.1 Ai7- la.
ONE EACH ROSEWOOD AND WALNUT
Very Superior Cottage Pianos !
isi:i:ks, wii:s aivi
Ilaes' and Blood, Wolfe k Co.' Celebrated Air, qt. and pt.
Blood, Wolfe A Co' Favorite Stout, a small lot in pints.
Tennent's Scotch Ale, pints am quarts, extra quality.
Ind Coope A Co'a new quality light Pale Ale, quart & pint
Caes Genuine " Old Tom,"
A few caie very Superior Pale Imperial Brandy,
10 Cases Royal Highland Whiskey,
Cases D. Kujjer 's Hollands, Quarter Carks Brandy,
115 cases asiortel H-.it Brandies, 1 star up to 4 star.
Cases Duuville'a Irish Whinxey,
A few cases Very Superior Port Wine,
Cases "A. Lalande 4 Co." Superior Claret, a very rhoire
article. Cases Champagne and Moselle.
40 and 45 Inch Li pl.t and Heavy Burlaps,
D. Cnrsar 4r Sons' Standard Navy Canvas, asstd. numbers
D. Cors r A Sons' Standard Merchant Canvas, Not. I. 2 A 3
Best Double Srreened Welih Steam Coal,
Fire Pricks, Imli Rubber Hose,
Floor Oil Cloths, Liverpool Salt, Twine,
Fence Wire, Coolers, MrOnle' Clarlfters. Slates,
9MI c., Ac, Ac.
yriRGINIA RYE. IN CASES
Kentucky Fn vorile, in Cases;
Sour M'lnh, tn Vjsen ;
Dnnviltt T17,iAry, in Cases;
Scotch U'lilskey, in rates
For Bale by CHAS. LONO.