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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, May 20, 1868, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1868-05-20/ed-1/seq-1/

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AWAIIAN
PUBLISHED
Every Wednesday Morning,
AT SG.IMJ PER AXKVil.
Moiled to Foreign Snrncrlbera at $7.00.
Office On Merchant street, west of
he I'ost Office, Honolulu, II. L
BOOK AND JOB
PRINTING lUSHKNTl
THE "GAZETTE" OTFICE
Is. now impend to execute all orders for
FLU! . ID F4ICY F11I1IIS,
or every DEacairncv,
Printed and pnMlehed by J. Jlorr Smith, at the
Government PrintlD Office, to whom all bu.lntM
VOL. 17 NO. 18.
HONOLULU, WEDNESDAY, M AY 20, 1868.
$6.00 PER YEAR.
COTimunlcatiun mutt addreiiscd.
WITH, ITEATNESa AND DISPATCH
n A 7 jjiTTU1
unUuSh 1 1 rji
BUSINESS NOTICES.
SIcCOI.GAIV A: .lOIKVSCKV,
MERCHANT TAILORS
TORT STEEET, HONOLULU,
10 Opposite T. C. Hcnclc's. ly
IRA RICHARDSON,
IJIPOItXER AI II2AI.,KK
IK BOOTS, SHOES & GENTLEMEN'S FUR
NISHING GOODS,
Corner of Fort and Merchant Streets,
S I10X0LUI.U, II. I. fly
LANGLEY, CROWELL & CO
Wholesale Druggists,-
Cor. Ilnttcry anil Clay Streets"
SAJV FIUSCISCO, CAL.
f-3;n
EDWIN JONES,
i GROCER AND SHIP CHANDLER,
I.nli:ilnn, .Haul.
Money and Recruits furnished to ships on
6-lyJ favorable terms.
tiiko. ii. ihavies,
(Late Janion, Green A Co.,
IMPORTER A COMMISSION MEECHANT
aqext ron
Lloyds' and the Liverpool Underwriters,
Northern Assurance Company, and
British and Foreign .Marino Insurance Co.
3-ly
R. OT. AOTKEWS,
MACHINIST,
""Tort Street, opposite Odd Fellows' Hall.
Gives particular attention to the repair of
Fire Arms, Sewing Machines, a Locks.
Dratcingt of Machinery, ttrc, maize to Order,
40-11
C. II- LEVERS.
J. G. DICKSON.
Lewers & Dickson,
TMPORTERS, WHOLESALE AND
I Retail Dealers in Lumber and Buildin
Materials. Fort, King and Merchant streets,
Honolulu. ..'a-iy
1. t. WALKER. S. C. ALLEX
WALKER & ALLEN,
Shipping and Commission
MERCHANTS.
19-tf HONOLULU, II. I.
L. L. TORBERT,
DEALER. IN LUMBER AND EVERY KIND
OF BUILDING MATERIAL.
Office Corner Queen and Fort Streets.
13-ly
Bollcs & Co.,
SHIP CHANDLERS & COMMISSION MER
CHANTS,
Queen Street, particular attention paid to the
purchase ana calo or Hawaiian i'roduce.
Reruns sr permission to
C. A. 'Williams A Co., I C. Brewer A Co.,
Castle A Cooke, II. Hackfeld A Co.,
D. C. Waterman, I C. L. Richards A Co
2-ly
George G. Howe,
Dealer in Redwood and Northwest Lumber,
Shingles, Doors, Sash, Blinds, Nails,
Faints, etc
At his Old Stand on the Esplanade. 36-ly
3IKS. JT. II. BLACK,
'i?uicy Milliner,
FORT ST., BETWEEN KING & HOTEL.
Bonnets made up and trimmed in the latest
styles. Stamping, Braiding and Em
broidering, executed to order.
S. SuvitlgCj
IMPORTER & DEALER IN PROVISIONS
AND COMMISSION MERCHAT.
AGEKT FOR THE
Haiku Sugar Company,
Sale of Kawaihae Potatoes.
Fort Street, Honolulu. 5-ly
V. A. SCIIAKIT.It &, CO.,
COMMISSION MERCHANTS,
HONOLULU, II. I. (K-lj)
Ed. Hpffschlaeger,& Co.,
IMPORTERS & COMMISSIONMERCHANTS
Honolulu, Oahu, H. I. 4-ly
A. S. Clcghorn,
WHOLESALE & RETAIL DEALER IN GEN
ERAL MERCHANDISE,
; Fire-proofStore, corner of Queen and Kaahu-
zminu Streets.
'Retail Bstahliabment on Nuuanu Street.
4-ly
Theodore C. Heuck,
'IMPORTER & COMMISSION MERCHANT.
Honolulu, Oahu, S. I. 1-ly
11. Hackfeld & Co.,
GENERAL COMMISSION AGENTS.
' Honolulu, Oahu, S. I. 8-ly
'n, J. D. WICKE,
Asfcnt for the Ilrcmcn Hoard
1 HndcrnTtti-r.
-All'af erage claims against said Underwriters,
occurring in or about this Kingdom, will
havo to be certified before me. 7-ly
, Chun? Ilooii,
70MHISSI0N MERCHANT AND GENERAL
AGENT,
, AGE3TT FOR THE
''paukaaand Amauulu Sugar Plantations.
Importer of Teas and other Chinese and For
- eign Goods, and Wholesale Dealer in Ha
waiian Produce, at the Fire-proof Store,
Nuuanu Street, below King. 21-ly
Afoii? & Acliuclc,
Importers, Wholesale and Retail Dealers in
General Merchandise and China Goods,
Firs-prool Store In Nuuanu Street, under the
;-.,,,FabUcHalL 43-tf
W3I. KYAJV.
,VARIBSY STOSlil Wo. 2,
Slauuakea Street,
.
All kinds of Merchandise and Groceries.
39-1
JEWELER AND ENCRAVER
.MK. J. COSTA
. Isinow prepared to execute with promptness
' all-work in his line of business, such as
Watch and Clock Repairing,
, Manufacturing Jewelry,.
And Engraving.
Shop on Fort Street, opposite Odd Fellows'
nail. "61-3m
BUSINESS NOTICES.
HYSIAX IHtOTIIEISS,
Importers and Wholesale Dealers
In Fashionable Clothing, Hats, Caps, Boots
and Shoes, and every variety of Gentle,
men's Superior Furnishing Goods.
Store known as Capt. Snovr'fc Building
MsanuieT Stuzt, Hoooluln, Oahu.
E. IY?. VAN REED,
COMMISSION MERCHANT,
KAKAGAWA.
Ilarins the htfl facilities tbroogh an intimate
connection 'with the Japanese iraae lor too
past eight vcatt, is prepared to transact any
1 .... Jionalati
UUMUCSS VUUUclCU alia tttlC) mill uifjs,u
17-tf
E. IT. ADAMS,
AUCTIONEER & COMMISSION MERCHANT
Fire-Proof .Store, Robinson's Building, Queen
Street, Honolulu. 1-ly
JOHN S. McCREW, M. D.
1'HYSICIAJV A; SUICGIZOrV
ifil'FlCE-Ovtr Dr. . IIofTmann'i
LP Drug Store, corner of Kaahumanu and
Merchant sts., opposite the Tost Office.
Residence on Chaplain Street, between Fort
and .Tiuuanu Streets.
Office Hocks from 8 to 10 A. M-; from 3
to 5 P. . (13-ly
George Miller,
CONTRACTOR AND BUILDER,
Honolulu, II. I.
Shop on the Esplanade, opposite Court House.
3U-tf
C. S. BARTOW,
ATJCTIOTTEER.
Sales-Room, Queen Street, one
Kaahumanu Street.
door from
17-ly
JOHK H. PATY,
NOTARY PUBLIC
And Commissioner of Deeds
FOR THE STATE OF CALIFORNIA.
Oliicc at the Bank or Bisnop A Co
2-ly
J. MONTCOMERY
COXTIXUES TO PKACTICE AS A
Solicitor, Attorney, and Proctor in the
Supreme Court, in Law, Equity, Admiralty,
rrobate and Divorce. J-ot
H. A. WIDEMANN,
XOTAKY IMJM1.IC.
Office at tiie Interior Department.
My
HUGHES,
Importer and
Manufacturer
OF ALL KISDS OF SABDLEIIT.
Carriage Trimming done with neatness and
dispatch. All orders promptlyattended to.
Corner or ir on and Hotel streets, jionoiuiu.
10-ly
SAMUEL C. WILDER,
rost-Officc address, "Wilper Plamtatios,"
7-tf) Kualoa, Oahu.
NEVILLE & BARRETT,
Planters & General Store Keepers
KEOPUKA, S. KONA, HAWAII.
(Near Kcalakckua Bay.)
Island produce bought, Ships supplied lfith
Wood, Jieelaud other ncessaries.
Agent at Honolulu. A. S. Clegiiorx.
u-iy
CHAUNCEY C. BENNETT,
Dealer in Newspapers, Magazines, Period
icals, etc.
Fort Street, near King,
Honolulu. 19-tf
M. S. CRINBAUM & CO.,
IMPORTEUS AND WHOLESALE
Dealers in Fashionable Clothing
Hats, Caps, Boots and Shoes, and every variety
of Gentlemen's superior furnishing goods.
STORE IN MAKEE'S BLOCK,
Queen Street, Honolulu, Oaliu.
10-tf
BECK If AST PECX.
H- A. r. CAETEE.
& CO.
SHIPPING
C BREWER
COMMISSION AND
TCBB.C HANTS,
llonolnlu. Oahu, II. I.
ACEVTS Or the lloiton and Honolulu
Packet Line.
AGENTS Kor Hie Makre, IVaUuku and
liana I'lnntatlons.
AGENTS Kor the Purchase and Sale of
Island Produce.
REFER rejoin.-
M. Hood, Esq New Tort
Cuab. Brewer & Co. ) t),
J as. HunnewEix. Esq. f -"O""1-
J. C. Merrill & Co. )
K. S. Swain & Co. J-San Francisco.
Ciias. Walcot Brooks, Esq. ) 5-ly
E. C. ADDER LEY,
Importer and Maker of all Kinds of
SADDLERY, HARNESS, &c.
Carriages trimmed with neatness and dis
patch. All repairs done with care and
promptness.
SHOP OX FORT STREET,
Next doorto J. M. Smith & Co's Drugstore.
IS. B. A choice lot of Ladies Superior I
Saddles on band.
,. 1 1 3
43
J. H. THOMPSON,
GENERAL-. BLACKSMITH
HONOLULU, II. I.
A HAS COJfSTASTLY
on hand and for sale, a good
assortment of
BEST BEFINED BAE
IRON !
ALSO
Best Blacksmith's Coal,
At the Lowest Market Prices SS-ly
m. itAjpjr.r:E,
SHIPPING AND COMMISSION AGENT,
Office with E. P.Adams, Esq.,
Q.UEEX STREET, n0X01Vri.C.
Unas st riunssiox to
Oen. Morgan X. Smith, C.IMenn. a Brewer Co.
8. Consul. Moot. Walker t Allen.
Messrs. Richards Co. IE. P. Adams, Esq.
p.
SUGAR & MOLASSES.
1808
CER-
IIII.O, II. I.
Sugar anil ITIolnes.
ROl' COMING IN AND FOR SALE IN
V quauillies w uifc purcuaecrs,
WALKER A ALLEN,
6-6m Agents.
0N0MEA PLANTATION.
Siifjar an1.3f olaeH Crop
ZOOMING IN, FOR SALE IX QUAXTI-
J ties to suit purchasers, by
WALKER ALLEN,
3-Cm . Agents.
PRINCEVILLE PLANTATION.
Sugar and Molac Crop 1808
ZOOMING IN, FOR SALE IN QUANTI-
V tics to suit purchasers, by
WALKER t ALLEN,
3-Bm ' Agents'.
WAILUEJ; PLANTATION.
1YEW CROP
L For sale bv
51-om C UKEWER & Co., Ajr'ts.
31AKUE PLAMATIOiV.
li'Eff CROP OF
SUGAR A1YD RIOLASSES
VT01V C03IIG 1ST.
iy For sale bv'
51-3m C. BREWER & Co., Agents.
II. W. SEVE&AXCE.
SEVERANCE, CLARK & CO.,
Commission Merchants
AND
SHIPPING AGENTS,
San lVancico, Cala,
Vc will attend to the rale of Sugar, and all
kinds of Island Produce, also to the purchas
ing and forwarding of .Merchandise
Cash Advances mndc on Conslfrn-
12 meiits. Cm
BELLE VUE LODGE,
1028 Stockton Street, San Francisco.
Apartments Furnished and Unfurnished.
miUS Splendid House, favorably
X Lnown, two blocks from the Plain, is
particularly patronized by families. Tho ap
artments nave alt toe latest improvements.
and command a beauulul view of toe Bay. A
magnificent garden adorns the centre of the es
tablishment and is for the use of the guests,
gymnasium tor the children.
The eating department is conducted by one
oi tne best cooks on ttac Coast.
Price 3Xodcrateaud Careful Attendance
35-3m
G. W. IVORTON & CO.
COOPERS AND GAUGERS.
AT TIIE NEW STAND
OX XIIK KSPI.ArAIE.
g WE ARE
gffi attend to
PREPARED TO
All. WOIUr JXJ OUR LlItfE
At the Shop next to the Custom House, where
we can bo found at all working hours.
WE HAVE ON' HAND AND FOJt SALE
OIL CASKS AND BARRELS,
Of different sizes, new and old, which we will
sell at the very
LOWEST MARKET RATES.
All work done in a thorough manner, and
warranted to giro satisfaction.
All kinds of Coopering Materials and Coopers'
Tools for Sale. lMm
JKO. SOTT. SAH'L SOTT.
John Nott & Co.,
COPPER & TIN SMITHS,
fTlAKE VLEASURE IN ANNOUNC-
JL ing to the public that they are prepared
to furnish all kinds of CorPCR Work, consist
ing in part, of STILLS, STJtlKE PANS,
SORGliAil PAXS, WOJUIS, PUMPS, c.
Also on hand, a full assortment of Tin
Ware, which we offer for sale at the lowest
market prices.
ALL KJSDS OF REPA1RIXG JDOXE
WITIT XEATXESS ASI) DISPATCH.
Orders from the other Islands will meet
with prompt attention.
Kaahumanu Street, one door above Flit-
ner s. 51-3m
EUREKA HOTEL!
ASB RESTAWItAKT.
DTraHAlFR0BINS0N
WOULD respectfully inform, his
friends and the public that be is fully
prepared to carry on this business on tho most
approved style, and respectfully solicits a share
oi patronage.
JVeallj- Furnished Rooim to Let upon
Reasonable Terms, li-Sm
Y0LCA1V0 HOUSE.
CRATER OF KILATJEA, HAWAII.
OTITIS ESTAIH.ISIIIIEVT tj
-EHlnow open for the reception of visitorsS&
L-a
to the Volcano, who may rely on findine com
fortable rooms, a good table, and prompt at
tendance. Experienced guides for the Crater
always in readiness.
STEAK AND SULPHUR BATHS !
Horses Grained and Stabled if Desired.
CHARGES REASONABLE.
Parties i isiting the Volcano via Hiio, can
procure animals, warranted to make the jour
ney, by D. U. Hitchcock, Esq., Hilo. 35-ly
GEORGE WJ.LLrAMS,
LICENSED SHIPPING AGENT.
tij. A Aittji ine iJUMticNS on
his old plan of settling with officers and
seamen immediately on their shipping at his
office. Having no connection, either direct or
indirect, with any outfitting establishment,
and allowing no debts to be collected at his
office he hopes to give as good satisfaction in
the future as he has in the past.
"TisOffieo on Jas. Robinson A Co.'s Wharf,
sear the U. S.. Consulate.
Hosvlulu, March 27, 1867. 51-3m
Sterne Court-In Admlraltr.
I Joe Suva vs. George W. Jenke Before
Hod. Justice Davis in Chambers, March 1SC8.
This was a libel in pcrtonam, brought to
recover wages claimed to be due for ser
vices rendered as mariner and cooper on
board of the, American whaling bark Arthur
Pickering, of Boston, Mass., whereof res
pondent is Master.
In the month of May or Jane, A. D. 1SC0,
the said bark was at the Island of Bravo,
Cape de Vcrdes, and the' libellant, a Portn.
guese, was shipped or hired to 6erve on board
atHrstas cook as well as seaman, under no
Shipping Articles ; but three days after leav
ing the island, on the high seas, the master
caused tbo libellant to sign a certain paper
.or agreement, the master explaining to bim
that it was something necessary to be shown
in case the said bark should meet with a ves
sel of war, wbich.said writing Is as follows:
"Islaxd or Bravo, June 3, 1SC6.
This is to certify that I agree to perform'
tne remaining part oi me voyage in mc uarK
Arthur Pickering for 1-150 lay. I also a-rree
to ship on the above terms before a U. S.
Consul, when required to by tbc Captain.
JOSEPH SILVA.
his y.niark
irn.' Warres Maifeld."
After Silva had been on board about five
months, tho master ordered him to act as
cooner. which dutv the libel alleires the libel
lant performed iailbfully until the arrival in
lias pon, .iiarcn lum, a. i. isoo.
The vessel took about 500 barrels of sperm
oil during the voyage, CO barrels of which
were taken prior to the vessel's touchier at
Api. one of the Malaysian Archipelaco. and
prior also to tbc time of libellant s. being re
quired to do duty as cooper. The libel al
leges that the libellant has songhta settle
ment with said master, but has failed to ob
tain any whatsoever. The answer admits
the principal facts as to mode-of shiument
and quantity of oil taken, bnt denies that
libellant was in any sense a skillfulcoopcr or
anything more man cooper s mate or assist
ant to tbc master, who was actually the
cooper of the ship; and the counsel for res
pondent also maintained that- the libellant
naving ueeu uiscuurgeu irom me snip; mat-
it was not nececsary mat toe seaman's con
tract should be in writing, by the general
maritimulaw and prior to the tj.'S. Act, 1790,
which Act only related to Hie shipment in an
American port, and that theActssubseanent'
jy passed ao not appiy to cases oi smpment
abroad, wncre tncre is no American Consul.
That the general maritime law is not super
seded by the statutes of 1790, 1803. 1840.
That the seaman njis liable to a forfeiture of
wages bv desertion without being on the ar
ticles, and it was claimed that libellant was
a deserter. That it was manifest that the
libelant's case did not fall within the pur
Tien of the statute cited. The testimony of
fered as to the facts in the case by both par
lies was not comraaiciory. ana so iar as it is
concerned, presents no embarrassment to tbc
Court. He acted as cook so short a time,
that it is not necessary to consider his qualifi
cations, as he ought not to be better paid for
that time than an ordinary seaman, that is
to say, to time of departure from Api, where
the old cooner went on shore, and whpn
also it is claimed by the libel that the libel
lant was promoted to the rank of cooper.
As to his capacities as cooper, I think it is
established, that lie was a useful assistant to
the master, and for the time he worked with
him at coopering his services were more val
uable than those of an ordinary seaman or
cook; it would seem that the master thought
so himself, by calling him from the forecastle
to the steerage to live, and permitting him
to take his meals in the cabin. I come now
to a consideration of the U. S, statutes re
garding the shipment of seamen on board
American vessels, and the legal points inuMe
thereon, comprehending the decision of the
American Courts, bearing upon tbc subject.
uy me wici oi congress, miu July, lwu,
section 8, it Is made the dnty of the master
when shipping a mariner in a foreign port
to take the lift of his crew and the d u nil-
cat e of the Shipping Articles to tbc Consul,
or person who discharges the duties of the
office at that port, who shall make the pro
per entries thereon, setting forth the con
tract, and describing the person of the mari
ner: and all shipments of seamen made con-1
trary to tbc provisions of this and other Acts
of Congress shall be null aud void, and any
seamen so snipped may leave uic service at
anytime, and demand the highest rate of
wages paid to any seaman snipped lor the
voyage, or the sum Birrccd to be riven him
at his shipment.
Aimougu mere was a vice consul. at Bra
vo, no appearance was made before him with
the libellant. Bnt It is asserted by the res
pondent that be bad no authority to certify
to the shipment. Of this I am in doubt, as
it appeared that he exercised on board the
same ship, in my opinion, a much higher
authority, that of taking two men out of the
ship and confining them on shore to be sent
for trial to the United States on a cbargc uf
attempting to set fire to the ship. What
could be the functions of such an officer, un-1
less tbey were such as arc set forth in tbc
language of the statute itself, to discbarge
tbc duties of the office of CodeuI nt that
port? of which certifying to the shipments
of mariners in a foreign port is undoubtedly
one. But had the Captain desired to have
complied with the laws of his country, there
was a consul oi mc united stales at rorto
Praya. a neighboring port, ailowinir for the
argument's sake, the disability to exist for
me oiucer at uravo, wuicn is very qnestlon-
auie. itui nnaer any view oi me case, Rd
mittinc tbat the Tesuondent was at a place
aevoid oi an u. o. omciais, ana nis snip sen
ousir in want oi men. it is ruv decided opin
ion tbat he should have made bis contracts
with tbe parties before proceeding to sea,
wiiuc iney were irec agents and not yet un
dcr tbe supreme control of tbe mastcr.
It Is for this reason that I regard the con
tract as of no value. The admiralty looks
with jealousy at such informal contracts
made with seamen under such circumstan
ces. This Is to sav notlilnir of tbe vncue
ncss of the contract itselC There Is no lim
itation of the time or place for which the en
gagement was made, mid uniestt we are bound
to infer it from the expression 1-150 lay, there
is no description whether the voyage is to be
n general trading and Ircigming voyage, scat
ing, Tjearl-diving or whaling voyage. The
contract is uncaual: be Is to shin before a
U. 8. Consnl vhen rebutted by the Captain
not at me nrst L. B. consular port as order
ed by statntc, thus leaving It optional with
the master to ever ship him at all. In point
ot lact the libellant remained on board this
ship nearly two years without the security
and mutual obligations of shipment on the
articles, and not until some ten dajsaftcrthe
ship bad arrived in Honolulu, and after tbe
libellant had consulted counsel, did the Cap
tain request him to ship. I have doubts also,
whether the libellant even understood the
alleged contract.
The seaman not under articles is sublect to
all tbe forfeitures imposed and rules fixed by
tbe maritime law, which is part of the
common law, yet he may not .be bound by
the regulations for tbc government'of mar
iners, exactly as prescribed bv tbc statute
Jameson vs. ship Jirgulut, 1 Peters Adm., p.
212. He Is not outlawed and left without
any control, bnt U required to perform his
duties, and entitled to receive the benefits as
If tbe act had never been made. Tbc policy
of the law will not admit of such a contract,
and-as is said by the learned Judge in the case
of the Cruxcder, Ware's Rep., p. 448 in its
nature it Is liable to be dissolved at the pleas
ure of cither party, subject only to tbe eanit-
able restriction, that this shall not be done
under circumstances or at a time particular
ly inconvenient or injurious to the otherpar
ty Droit Civile Franeait, continuation of TvuU
tier, by Durergier, Tot. 19, Ao. 2S4, 2S8.
it tuese principles are correct, based upon
the maritime laws of the United States, there
was men noaescnion. iicmigntocguiliyoi
no desertion underan'nnobjectionable agree-
mentto ship, made at a place where there was
....., ..., """"
Hon done during the transit to the first Con
.u.a, .v. uum.ug iuC cuuiraci iur tue
m" " .m" 'r-T,Vi J10 !?e
rt!!.nnlvnerp!.rrinrprrrtnfl,nn,Mi.fl
br the respondent's counsel himselfTame
son vs ship lleqvlui,, 1, Peters' Admiralty dc -
cisions. page Sl2 as to the rule for flxinir
the amonnt ot waces for a seaman shipned
without signing articles. He most be paid
at thefaighest rate of wages, given at the port
of shipment within three months next pre
cedent. The Court say it was fixed at the
highest rate, tbat masters might be more on
their guard, etc. What tbat woges should '
be, cannot be determined by tbc rates at
Bravo, for we are not informed of them. We
mnst be guided by the rates shewn by wit
nesses, both for respondent and libellant,
customary at Honolulu, the port of discbarge
and settlement.
Allowing then, tbat the libellant was not
bound by his contract to remain in the vessel
at the pleasure of the master, but might at
auy convenient time put an end to It by his
own act; It has not been contended that any
iDconycnience uas resulted to me master oy
his leaving at this port, or that it would be
even necessary to supply his place by another
nana, or ii so, mat mere could De any dim
culty in filling the vacancy at this port.
My opinion is. that there has been no de
sertion within the meaning of the law, and I
decree the libellant entitled to the 1-150 lay
as ordinary seaman in the SO barrels of oil
lascn prior to arrival at Api, and alter leav
ing tbat place be is entitled to a higher lav.
the 1-75 of the ship's catchings, less the 30
uarrcis, acaucung an payments winch nave
been made in tbc course of tho voyage.
rncc oi me sperm on to lie nxca at me uon
suiar rate at this port.
Henry Thompson Esq., for libellant.
J. W. Austin and A. J. Lawrence, Esqs.,
iur ruspunueuu
1'koci:ei)lgs
LEGISLATIVE ASSEMBLY 1868.
Twestt-First Dat, TUESDAT-, May 12,
Assembly met at 10 A. is., H. II. M. Keku-
anaoa in the chair.
Prayer by tho Chaplain. Minutes of pro-
ceding day wero read and approved.
Petitioss. Mr. ood offered a petition
from Honolulu, protesting 'against tho taking
of the Kunawai Spring. Referred to the Spe
cial Committee on tbat bill.
Reports of Committees. Military Com
mittce reported that the expenses of the De
partment were in regular form, and recom
mended the passage of tho appropriation as
in the Bill, llicy also suggested an appropri
ation for each of the military companies of
Honolulu, signed by four of tho Committee.
Mr. Hitchcock moved to print the expenses
as in the report, except the estimato for tho
coming period.
Mr. Lyons amended, to print the entire ro
port. Carried.
Mr. Judd presented a minority report, which
differed but little from the other, lie had not
seen the vouchers for an item of $10,700 that
was to have been expended for arms, ammuni.
tion, etc.
Minority report was, on motion, ordered to
be printed with the majority report.
Mr. Hitchcock moved to'tablc the reports
to bo taken up with the Appropriation Bill
Carried.
Finance Committee reported on the petition
from Haalou, asking for the whole of tbc ap
propriation for mail carrying on Oahu, in favor
of tabling said petition, as, on examination.
they had found tbat the sum paid him was ac
cording to his own contract with iho Postmas
ter.
Mr. Kaukaha moved to bring up tho matter
before tne Committee of the wnolo now.
Mr. Mahelona supported the motion.
Mr. Bishop explained, but he, not being sat
isfied, Mr. B. moved to have the member for
Ewa and Waianae a special committee to ex
amine the matter.
Mr. Mahelona approved, and said he could
do it. He thought that the Minister of Finance
or the Postmaster had the money stowed away
for their own use. This man Haalou was get
ting but $1 per week, when he should receive
$10, then he eould buy himself a spoon, some
beef and a loaf of bread. I herefore he wished
to baTC this thing examined.
Mr. Hopu thought tbat the House should ex-
amine the subject. Thero was no proof that a
contract had been made between the Postmas
ter and Haalou. Let the contract be produced.
He did not understand the accounts that were
offered to the Honsc. The books themselves
should ho produced. Like enough the excess
of the appropriation over the expenditure had
been returned to tho Finance Department, hut
what proof have we.
Mr. Kaukaha was of opinion that this was
one of the strangest things tbat we havo beard
Mr. Keawehunahala said he belonged to the
Committee, and a full examination was made.
He hoped the House would accept the report
of tbe Committee.
Mr. Nahaku moved to appoint a Special
Committee of Kepresentativcs only, to exam
ine the matter.
Committee. nons. J. A. Nahaku, S. W.
Mahelona, A. Hopu, D. Kaukaha, J. Upa.
Mr. Hitchcock moved the order of the day.
Passed.
Order of inn Dav. Mr. Keawehunahala
moved to reconsider the appropriations for the
Judiciary. Passed.
A bill to amend Sec. 1247 of tho Civil Code,
was read second time. The hill was to ' limit
the time within which claims of creditors
against the estates of deceased persons should
be presented, and suits be commenced to en.
force rejected claims, and amend Section 1247
or tne Civil uode.
Mr. Nahaku moved to refer the bill to a
Committee of the House. Passed.
Mr. Kalu called to the chair. Bill read.
Mr. Nahaku amended to have notice in
serted in he Hawaiian Gazette, Au Okoa,
or some other paper.
His Ex. S. II. Phillips amended to Insert in
said papers or any other approved by the
Justice
Mr. Lyons moved to strike out the words
Hawaiian Gazette and An Okoa, and insert
any paper or papers approved bv the Justice.
Mr. judd amended to insert notice in all the
papers pnbhshed in Honolulu
His Ex. S. H. Phillips' amendment was put
and earned.
Committee rose, and report approved.
On motion the bill was referred to a select
committee.
Committee. Hons. H. R. Hitchcock, S. n.
Phillips, W. P. Eamakau, C. J. Lyons, II.
Kuihelartf.
On motion, the House adjourned.
Twextt-Secosd Dat, Mat 13.
Assembly met at 16 A.M. H. H. M. Ke-
kuanaoa m the chair.
After-prayer by the Chaplain, the minutes
or tne preceding day were read and approved.
Pethioxs.-Mt. Upa presented a petition
from Hilo, prayingthatcertain fishing grounds
be opened to the public. Also, a petition to
extend the time of sitting of the jury court.
Tabled.
Mr. Lyons presented a petition from the
soldiers, tbat the pay be $10 per month, with
food and clothing, or $15 without or that the
Legislator fix the pay,
Mr. Hitchcock moved tbat all the petitions
from the soldiers be referred to a special eom-
smtee, ana mat said committee be instructed
to meet with the petitioners and learn their
diffi cutties.
Mr. Judd objected. He said that there were
a large number of natives that would be glad
. to enlist aJ& a month and found; that all who
enlisted did so or their own Tree will,
j Mr. Hitchcock's motion was carried.
; Cohiuttee Hons. Hitehcoek. Pilipo, Kelii-
- . pio, ivo-utanuanu uot. xrouunis.
- 1 Retort op Committees. Mr, Dominis re-
p()rted several bills signed by the King,
i Committee to whom was referred tha horso
had substituted a new bill,. the jubstanee of
- I w.h"-?.wa5 tbit. aJi l"" iMS-than $30
, ,boal1 be !"e(i eent' "d.r.10Ter'
I e"cP' sucn " we worth over $100 on them
I K.x J lu Per cent- additional on the value.
Mr. Lyons moved to approve tho report of
lu, wuiuiiiicv, auu uia&e tue uui oruer oi tne
day for to-morrow. Pafted..
Resolutions. Mr. Martin introduced a bill
in regard to the marriage of Lepers. Passed
to 2d reading.
Mr. Mahelona offered a resolution that the
Minister of Finance he instructed to pay the
.1 n Tt, . .. 1 T . . . L . T -II , . ..
ueiegates to tne vonTcntion oi IS04, ?IUU each.
Tabled.
Mr. Boyd gave notice of a bill to amend See.
1074 of the Civil Codo.
Mr. Kaiue introduced a bill to provido a
Circuit Judge for tho Island of Molokal.
Mr. Lyons moved to reject the bill. Passed.
U. II. Lunalilo offered a resolution that the
thanks of the Assembly be presented to the
King for his patronage of tho Concert at Ka
waiahao in aid of tho unfortunates atKau. In
definitely postponed.
Mr. Jones introduced a bill to appoint a
Registrar of Conveyances at Lahaina.
On motion of Mr. Upa the order of the day
was taftn up.
Order of the- Dat Appropriation Bill
was in order,
Mr. Keawehunahala moved to Buspend the
rules and reconsider the appropriation for
Deputy Clerk of the Supremo Court. Passed.
House went into Committee for considera
tion of the Appropriation Bill. Mr. Boyd
called to the chair.
Mr. Keawehunahala amended tho salary of
the Deputy Clerk to $3000.
Mr. Nakila objected. He thought that the
member for Waialua did not bring forward
any good reasons. The bead of the Depart
ment probably knew what were thq duties of
the several clerks, and paid them accordingly.
Ho did not like this reduction of income and
increase of salaries.
Mr. Mahelona compared the salaries of
various clerks in government employ, and
showed conclusively that the Deputy Clerk of
the Supreme Court was under paid.
Mr. Hopu said that the duties of the Deputy
Clerk at present did not exceed those of tho
last period, and he saw no reason to increaso
tbe salary. He thought that tho first duty of
the house was to study economy, and all the
government salaries ought to he reduced. The
duty of tbe Representatives was to take care
of the public money, and this continual in
crease of various salaries was throwing away
the revenue.
Mr. Mahelona sustained the amendment
without reserve.
Mr. Koakanu was of opinion that the reason
that the members for Ewa and Waianae and
Waialua supported tho amendment was that
they wished to increase the work of the Dep
uty clerk. The Chief Justice did not ask for
an increase of pay, nor even had he heard it
asked by the gentleman himself. The mem
ber for Waialua was raising the'salarics. Per
haps he would propose to givo tbe Miuisterof
the Foreign Department $12,000. Petitions
have tome in for appropriations for light
houses, roads, bridges, wharves, and a great
many other things, but if we increase tbc sal
aries wo shall not have any money to devote
to internal improvement, lie supported the
item as in the bill.
Mr. Hitchcock amended to $2,700.
Amendment were put and lost, and the item
as in the bill $2,400 was passed.
Salary of Minister of War and ioreign
Affairs, $10,000.
Mr. Koakanu amended to $8,000.
Mr. Nakila amended to $7,000.
Mr. Lyons said that it was an unfortunate
thing that in a small country like this, we had
to discuss before those for whom we were leg
islating. The expense of the Government of
Prussia was Si, for Austria $7, and France,
with all her standing army, only $3 a bead.
In tho United States the salaries of leading
men were not large. Here the old chiefs
ought to have a competence, for it is the wish
of the entire people. Those foreigners who
wero employed to help carry on the Govern
ment should not receive proportionate salaries.
It was a notorious thing, that those who car
ried on tho Government were too well paid to
accord with the condition oC the people. It
was welt Known that the common people wero
comparative misery, while the Ministers
were extremely well paid, and all for support
ing the state and dignity of the country.
Mr. Rhodes said he was not prepared with
statistics, but he thought that tho salaries of
the Ministers near the CrOwn in other lands
should have been given. They were very
high, sometimes as high as $50,000. This
country was not as rich as England, but it
was a kingdom, and its officers should be well
paid, for their responsibilities were great.
The present sum was according to the desire
of tho King. These men were the companions
of thT King, and they had a great deal of
business. What was a few thousand dollars,
could we not afford It to these gentlemen.
Tho members should understand that most
of the abuse heaped upon the Government
Umcers by tne press or Honolulu was Irom
foreign lands, lie wished to impress upon
the native members that this was not a Re
public, and tbat a Monarchy was.su expensive
form of Government. If the present holders
of the Government offices were to resign, per
haps men could be found to d6 the work for
$2,000 a year, but what would beeome of the
country?
Mr. yy ilder wished to support the item as in
the bill. He should vote to reduce some of
the appropriations for the Department, but he
considered the place worth $5,000. And es
pecially if the money was spent in tbe coun
try, be would not begrudge tbe gentlemen his
board and clothes.
Mr. Kaukaha supported the amendment to
$3,000. He thought tbat was sufficient. The
Minister did not work Sundays ami a good
many other days, and he thought that was to
much. If he was paid $10 per diem it would
be about right.
Mr. Koakanu supported his amendment.
Many years ago this position was not very
expensive, hut tho Minister received all that
was necessary. Tbe remark of the Honolulu
member tbat $10,000 was the wish of the King
was .probably true, but it was not tbe wish of
the people. They wanted to hare taxation re
duced. He agreed with 'the member for Ko
to ala. He was not talking for himself, but for
tbe people whom be represented. He thought
that the Ministers would agree with bim.
Mr. Boyd called Mr. Nahaku to tbe chair.
and he made a few remarks. He said that he
came here to serve the public interests. He
was not a partisan of any one. But yet be
bad not beard any good reason advanced for
redaction of the salaries. Some might say
that the pay was too much, but all mnst re
member that they devoted their whole time to
this business. They hare no time to lay up a
compete ncof for their old age. He. did not
agree with (he idea advanced that foreigners
should not be appointed to any offices, because
tbat we natives have not yet learned the
science of government,' and must call upon
ethers to do it for us.
H. H. Lunalilo was much opposed to the
remarks of Mr. Boyd. There was no reason
why the Ministers should be paid so much. A
Reason for so much salary was,-that themnst
entertain foreign visitors. Where were they 7
Let tbe Minirf " payout of their own pockets
tbe expense ' cir foreign visitors.
Mr. Lyons the reason that he referred
to other Governments was, that it was a
subject of remark tbat the expenses of this
Government ware heavy, and some mode of
reduction shoald.be, devised.
H. H. M. Kekcanaoa asked who here would
accept a position under His Majesty. He did
not see as any one was ready tody it. He
supported the salary as it was, $10,000.
Ron. 1 . Iiahaolelna said that the times
were changed. The King could sot get native
advisers as he used to, but must depend upon
foreigners.
Mr. Koakanu thought that the Ministers
should be paid for their work, not for the
number of people depending upon them. Ha
had no personal motive in bringing forward
this amendment. He thought tbat the Nobles
should not use strong language on this ques
tion. He supported the amendment for the
benefit of tbe people of his district.
Mr. Bishop said that a mistake had been
made in regard to the- King's request, of a
salary for the Ministry. The request Was for
$6,000 a .year. It passed at $5,000. He
thought chat there was no reason to increase
the expenditures, but $5,000 was little enough
for the Ministers, and that he should support
the item as in the bill.
U. II. Lunalilo supported the amendment
for $8,000. I
Hon. P. Kanoa supported the passage of
the item as in the bill.
On motion of Mr. Lyons the ayes and nays
were called. Question before the House was
the item as in the bill. Ayes 22,. nays 14.
Committee rose, report approved, and the
House adjourrcd.
Twestt-third Dat, Tucrsdat, Mat 14.
Assembly met at 10 A. M. Vice President
in the chair.
After prayer by tbe Chaplain, the minutes
of the preceding day were read and approved.
rETirioxs. Jir. 1'iupo presented a petition
from Uaanio, praying for $80 to be returned
him that be paid for land, which has re
verted to the Government. Referred to Com
mittee on Government lands.
Mr. Mahelona presented a petition from Ewa
praying to reduce uorse tax to nlty cents.
Tabled.
Resolctioxs. Mr. Uoyu introduced a bilf
to exempt parents sending children to select
schools from school tax.
Mr. Mahelona introduced a bill to introduce
bill to empower the collectors to exempt
iek and infirm people from taxation. Re
jected.
Mr. iioyd introduced a bin to amend section
1074 of the Civil Code.
Mr. Martin gave notice of a billito appoint
times for holding Circuit Courts.
On motion of Mr. Hitchcock the order of
the day was taken up.
Urder of tiie vnr.ua motion the House
went into Committee for consideration of tbe
11 on horse tax. Mr. Kalu called to the
"chair.
Report of Select Committee including tbe
amended bill was read.
His Ex. S. 11. Phillips moved to amend
Section 1 by inserting, horses of all ages, so
all horses might be taxed. Section as amend
ed passed.
Section 2d was .read. Mr. Judd moved to
reject. Second 2d passed, and the bill as a
hole passed.
Committee rose, report approved and the
bill ordered to engrossment.
A bill entitled "an act to amend an act to
repeal Chapter 1U of tbe Civil Code, and to
regulato the Bureau of Public Instruction, by
adding Sections 26 (a), 26(b), 26 (e) was read.
House went into Committee for considera
tion of the bill. Mr. Nahaku called to the
chair. Bill read.
The bill was to have parents pay for the
books used by their children In Government
schools, exceptkin cases of inability. They
should then be exempted according to the
judgment of the School Agent
Mr. Hitchcock, amended Section 2 by insert -ing
" Government" before the words " com
mon schools." Accepted.
Mr. Keawehunahvla moved to indefinitely
postpone. Lost.
Bill as a whole passed.!
Committee rose, report approved, and the
bill ordered to engrossment.
A bill for a light bouse at Honolulu was
read. On motion indefinitely postponed.
A bill to admit copper, Ac, free of dnty,
was read, and referred to Committee for trans
lation. A bill to admit certain articles used in tan
ning free of duty, was ordered to engrossment.
House went into Committee for considera
tion of the bill concerning land boundaries.
Mr. Kcakanu called to the chair, Bill read
and discussed at some length. -
Committee rose and reported progress. Re
port approved.
Got. Dominis then withdrew from Select
Committee on Military.
House adjourned.
TwEsir-FocRin Dat, Fridat, May 15.
Assembly met at 10 A. M. II. U. M. Ke-
kuasaoa in tbe chair.
After prayer by the Chaplain, the mlnntes
of tho preceding diy were read and approved.
Petitions. Mr. Upa presented a petition
from Hilo, praying that natives making con
tracts wmi toreigners do not engage at less
than $15 a month. Tabled. .
Mr. Martin presented a petition from Kau.
asking -tbat contracts may be drawn up in
both English and Hawaiian. Referred to
Judiciary Committee.
Reports of Committees Select Commit-
teo reported against taking possession of the
spring called Kunawai, and in favor of erecting
works for taking water from a spring near the
Insane Asylum ; also recommending the open
ing of School street to Llliha street, and grading
Liliha street, which would raise the value of
property in that direction enough to pay in a
short time for the expenses connected with,
new works. Signed by a majority of tbe
Committee. Report approved.
Resolctioxs. Mr. Hopu gave notice of a
bill to tax cattle, sheep and goats.
Mr. Martin introduced a bill appointing a
time for holding the various Circuit Courts.
His Ex. F. W . Hutchison gave notice of a
bill to take possession of portions of Honolulu
for laying water pipes.
Op motion of Mr. Hitchcock the order of tho
day was token up.
Order or Tne Dat. Appropriation Bil!.
House went Into committee of the whole for its
consideration. Mr. Mahelona called to- the
chair.
Items passed as follows t . 4
Salary of Secretary of Fof ejgn Affairs $4,000.
Salary of Minister Uesideot In United States.
$10,000. f
His Ex. C. de Varigny moved to postpone
action for the present. Carried.
Charge de AfTaires at London, $1,600.
Office expenses Foreign Agents, $2,000.
Postage and incidentals, $2,000.
Expenses Foreign Missions, $5,000.
Mr. Lyons moved to postpone consideration
of this item until the salary of the Minister
Resident to the United States came up.
Mr. Koakanu amended to strike out tbe
item. He was in favor of setting aside a sum
of $5,050 to. be put ont at Interest for the pur
pose of extraordinary expenses.
His Ex. C, de Varigny said that it was a
necessity to have foreign agents, to keep up the
name of the government, and we eouldnottell
when an extraordinary mission would be re
quired, 'thereforo he advocated this Item. The
south sea. islands had no representatives in
other lands and were they respected 7 Were
they .not traduced 7
Mr. Lyons said that we had been bariair a
commissioner or something of that sort in the
uuuea ouies, ana Old no Kept up the honor
of the nation particularly? If this iteer passed
it would in all probability be used, and where,
no one knew. Now, all wi4ted to hare it un
derstood exactly where this mosey was. to be
applied.
Mr. Koakanu very strongly argued & ne
cessity of setting aside a certain sum to be used
for extraerduary foreign saterioas. He thought
that if the rum of $5,000 was pat In, the beak
to draw interest, it would pay all ex peas e ot
these- ul'sioss. But if we now appropriated
Continued on eeeond pa$c.

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