Every Wednesday Morning,
AT SOMO PER AS.NUW.
Mallei to Foreign SiilMcrlbcm at $7.00.
Omen On Merchant street, west of
he Post Office, Honolulu, II. I.
Printed anil Lllbel by J. Moir Smith, t this
UoTrriiiafnt Printing Office, to vihttm all business
communlcatluns most be addressed.
W. X.. CRGKH,
Office In Fire-proof Buildings on Qneen Street,
28 Ilonolnln, II. I. Py
C. X. SPEXCEK. n. MACrAHLASE.
CIIAS. IV. SriTVCER. & CO.,
GEHXBAL COMMISSION MEECHANTS,
21 tren Etreet. Honolnla. II. I. ly
McCOLC.n 6c JOICVSOIV,
10 Fort at., Ilonolnln, opposite T. C. llenck's. Iy4
C. II. LEVERS. J. C. SICKS0.1.
LEAVERS Ac DICKSON,
Importers, 'Wholesale and Eotail Dealers
In Lumber and Building- Materials. Fort, Kins; and
25 Merchant streets, Honolulu, II. I. 1 j
C. E. AVIEEI.aJtlS,
KAHUFACTURER, IMPORTER & DEALEE
Id Fnrnitnre of erery description. Furniture Ware
Room on Fort Street, opposl te ChWs Itiotognpli
Gallery. Workshop at the old stand on Hotel
Street, near Fort. Orders from the other
411 Islands promptly attended to. ly
BOOT AND SHOE MAKER,
411 C1K Street, next to the BetueC Ilonolnln. fly
CABINET WAKER AND UPHOLSTERER,
King Street, Honolulu, opposite Lewis1 Cooper Shop.
411 Will bny and sell second-hand furniture. Uy
JOBS T1BBITS. THOS. S0KE5S03I.
XIIlItEXK 6c SOHESSOJf,
SHIP CAE.PEHTEES & CAULKERS
At 0. Foster & Co'i Old Stand, jjS
Near the Honolulu Iron Worts. 13m
XIIEO. H. DATIES,
Lxn Jasiox, Orrrji A Co.
IMPORTEE ft COMMISSION MEECHANT,
-AHfi AGIST FOB
Lloyd's and the Lirerpool Underwriters,
British and Foreign Marine Insurance Co, and
Iforthern Assurance Company. 3-ly4
IMPORTERS AND WHOLESALE DEALEES
In Fashionable Clothing, lists. Caps, BooU, Shoes,
and every rariety of Gentlemen's furnishing Goods.
Snow's Buihting,Merchanttreet,nonoInla. 50-ly4
J. 8. WALKEB. 8, C. ALLEX.
WALKER 6c ALLEA,
SHIPPING ft COMMISSION KEECHANTS,
18 Qneen Street, Honolulu, IL I. Uly4
JL. E. TORBERT,
DEALEE IN LUMBER AND EVERY KIND
OP 'BUILDING MATERIAL.
13 Ornci Corner Qaeeo andTort streets, ljl
IIOIX.ES 6c CO.,
BHTP C HAND LEES AND COMMISSION
Queeu Street, Ilonolnln. Particular attention paid
10 the purchase and sale of Hawaiian Produce.
xxreas ST rrjunuioy TO
OL Richards Co, IllUackfeldaCo,
C Brewer a Co, 0 L Richards 4 Co,
P C Waterman Esq, Castle a Cooke. 2-ly4
SHIPPING AND COMMISSION AGENT,
Office with Adams a Wiuia, Queen Street.
acrxas BT rzasfuiuox to
Messrs 0 L Richards a Co,Messrs Walker a Allen,
Messrs C Brewer a Co, Adams a Wilder. 41-3
IMPOETEE & DEALEE IN BOOTS, SHOES,
And Gentlemen's Furnishing Goods, corner of Fort
and Merchant Streets, Ilonolnln. 8-ly4
GEOCEE AND SHIP CHANDLEE,
Money and Recruits furnished to Ships on the most
10 faTorable terms. ly4
Commission Merchant and General Agent,
Importer of Teas and other Chinese and Foreign
Goods, Wholesale Dealer In Hawaiian Produce, and
Agent for the Paukaa and .Amauulu Sugar planta
tions. Fire-proof Store on Kuuanu Street, below
AFOIVG 6c ACIICCK.
Importers, 'Wholesale and Eotail Dealers
In General Merchandise and China Goods, In the.
Fire-proof Store on Muuanu Street, under the Public
GEORGE G. IIOIVE,
Dealer in Redwood and Northwest Lumber,
Shingles, Doors, Sashes, Blinds, Kails, Paints, etc,
30 at his old stand on the Esplanade. fill
E. S. FLAG G,
CIVIL ENGINEER AND SURVEYOR,
Atnarsa Postoace Box So. 22,'Honolnlu. 28-6m
F. A. SCIIAEFER 6c CO.,
38 Ilonoluln, Oahu, II. I. Iy4
ED. HOFFSCHLAEGEE & CO.,
IMPOETEES & COMMISSION MEECHANTS
41 Ilonolula, Oahn, n. L rtj-4.
A. 8. CEEGnORIV,
WHOLESALE AND RETAIL DEALER IK
Fire-Proof Store, corner of Queen and Kaahumanu
Streets, Ilonoluln. Retail Establishment on Kuuanu
THEODORE C. IIEECK,
IMPORTER ft COMMISSION MERCHANT.
1 llonololn, Oahn, II. L fly
II. IIACICI'ELIJ 6c CO.,
GENERAL COMMISSION AGENTS.
8 Qreen Street, Ilonolula, II. I. ly
THE TOM MOOEE TAVERH,
BV J. O'iYIEldL,
. 85 Corner of King and Fort Streets. Iy4
CIIAEIVCEY C. BEXftETT,
DEALER IN NEWSPAPERS, MAGAZINES,
And Periodicals, Fort Street, Honolnla. lMyi
B. F. EBLEE3. A. JAEGER
8. F. ERX.ERS 6c CO.,
DEALERS IN DRT GOODS AND GENERAL
Fire-proof Store on Fort Street, abore Odd Fellows'
nail. ' . - .. .. ST-ly4
X. F. ADAMS. 8. 0. WILDER.
. ADAMS .fc WILDER,
AUCTION ft COMMISSION MERCHANTS
S7 Qneen Street, Honolulu. II. L ly4
C. S. BARTOW,
Salesroom on Queen Street, one door from Kaahn
mann Street. 17-ly4
Notarr Public and' Commissioner of Deeds
For the State of California. Office at the Bank of
Bishop a Co., Kashnmsnn Street, Honolnla. 2-ly4
If. A. WIDEStAIViV,
6J Office at the Interior Deportment lj4
VOL. IV NO. 43.i
sniEXAXT rxcz. a. a. r. caxtze.
c. uicewi:r 6c co.,
HONOLULU, II. I.
AGENTS Of the Boston and Honolulu
AGENTS For tUe ainluc, WaUuku una
AGENTS For the Purchase and Sale of
JoixM. Hoop, Esq KewTork
Cms. Utrwra A Co. ) tv-n-n
Jab. Hcxsiwm, Esu ..Boston
J. a Mrrtni. A Co. I
B. S. Swaix Co. J-San Francisco
Chab. W. Ilsoo ks, Eso, ) My4
.1. IE. XIIOMI.SO,
Qneen Street, Honolulu,
Has constantly on hand and f.ir sale at theXowest
Market Prices, a good assortment of the Best Kenned
Bar Iron, and the Best Blacksmith's Coal. S8-ly
JNO. JiUTT. SAM'L MOT!.
JOIEV IVOXX 6c CO.,
COPPER AND TIN SMITHS,
Kaahumanu St, one door above Plitner's,
Beg leare to Inform the public that they are pre
liared to furnish all kinds of Copper Work, such as
Stills, Strike Pans, Sorghum Pans, Worms, Pumps,
etc Also on band, a full axortment of Tin Ware,
which we offer for sale at the Lowest Market Prices.
All kinds of Repairing done with Keatness and
Dispstch. Orders from the other Islands will meet
Srlth prompt attention. 3S3m
JAMES E. EEWIS,
COOPER AND GATJGER,
At the Old Stand, corner King ft Bethel Sts.
A Large Stock of 00 S books and all kinds of Coop
ering Materials constantly on hand. He hopes by
attention to business to merit a continuance of the
patronage which he has heretofore enjoyed, and for
which he now returns his thanks. CS-Toi
MR. a. COSXA,
JEWELER AND ENGEAVEE,
Fort Street, opposite Odd Fellows' Hall,
Is prepared to execntewlth promptness, all work in
his line of husinex, such as Watch and Clock repair
ing. ManQfttCtariog Jewelry sd1 Kpgraring. aS-3m
LICENSED SHIPPING AGENT,
Office on James Robinson ft Co'i 'Wharf,
Continues the business on hit old plan of settling
with officers and seamen Immediately on their ship
ping at his office. Hating no direct or indirect con
nection with any outfitting establishment, and allow
ing no debts to be collected in hi. office, he hopes to
giro as good satisfaction in the future as he has in
G. V. NORTON 6c CO.,
COOPERS AND GATJGERS,
At the New Stand on the Esplanade.
We are prepared to attend to all work In our line
at the Shop next to the Custom House, where we can
be found at all working hoars. We Lave on hand
and for sole. Oil Casks and Barrels of different sixes,
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
Coopertrg Msterlals and Tools for sale 3S-Cul
J. P. HUGHES,
OF ALL KINDS OF SADDLERY.
Carriage Trimming done with neatness and
dispatch. All orders promptlyattended to.
Corner of Fort and Hotel streets, Honolulu.
NEVILLE & BARRETT,
Planters & General Store Keepers
KEOPUKA, SOUTH KONA, HAWAIL
(Near Ecalakekna Bay.)
Island produce bought, Ships supplied with
Wood, Beef and other ncessaries.
Agent at Ilonolula A. 6. Cleohors.
M. S. CRINBAUM & CO.,
IMPORTERS AND WHOLESALE
Dealers in Fashionable Clothing
Hats, Caps, Boots and Shoes.and erery Tariety
of Gentlemen's tupcrlorfurnishing goods.
STORE IN MAKEE'S BLOOK,
10 Queen Street, Honolulu, II. I. fljrl
VOLCANO HOUSE, .
CRATER OF KJLAUEA, HAWAII.
3 THIS ESTABLISHMENT IS
15 3 now open for the reception of Tlsitors to ZZ
toe volcano House, who may rely on finding com
fortable rooms, a good table, and prompt attendance.
Experienced guides for the Crater always on hand.
STEAM AND SULPHITE BATHS !
Horses Grained and Stabled if Desired.
Parties Tlsiting the Volcano Tia Hllo, can procure
animals warranted to make the journey, by D. II.
IllTCHOOCX, Esq. 37-ly
F. II. 6c G. SEGEEKEIV,
Tin, Copper, Zinc and Sheet Iron Workers,
Nuuanu Street, bet. Hex-chant & Queen,
HAVE CONSTANTLY ON HAND,
Stoves, Pipe, Ualraniied Iron Pipe,
Plain and Hose Dibbs, Stop Cocks,
India Rubber Hose best S-ply, in
lengths of 25 and 50 feet, with Couplings and
Pipe, complete. Bath-Tubs, and also a rery
Urge stock of Tinware of erery description.
Particular attention giren to Ship. Work.
Thankful to the citizens of Honolulu and
the Islands generally, for their liberal patron
age in the past, we hope by strict attention to
business to merit the same for the future.
ai0rders from the other Islands trill be
carefully attended to. 37-ly
R. TV. ANDREWS,
Fort Street, opposite Odd Fellows' Hall.
OiTes particular attention to the repair of
Fire Arms, Sewing Machines, a Locks.
Drawing of JaeAtaery, d?e., mad to Order.
HAS OPENED JUS. SHOP ON KINO
Street, next door to Horn's Confection
ary Shop, and offers bis serrices in all branch
es of Plumbing. All Jobs will hereafter be
executed with promptness and in a thorough
manner. 33-2 m
AT THE PHOTOGRAPH GALLERY
On Fort Street,
MAY BE SEES THE VIEWS taken
of the Lata
Lara FIoiv at Enbuko,
And the Effects or the Late
Earthquake at 'Walonlnu, Kiu.
YifiTX flf KUahra and other rdacea. Also Cards
of the Kings, Queens, Chiefs, etc, all for sale at low
pnees. Also, urat ana square frames or all sizes,
whkh will u sold cheap. .
SMni ILL. CHASE.
HONOLULU, WEDNESDAY, TOVEM
H. W, CCTEKA5CZ. C X. CLUX.
SEVERANCE, CLARK & CO.,
AND SHIPPINO AGENTS,
405 Front St, corner of Clay, San Francisco.
We will attend to the sale of Sugar and all kinds
ht Island Produce, also to the purchasing and for
warding of Merchandise. Cash Advances made on
JOII.T w'CKAEEX, J. C Mia&IIi,
Portland. S. V. Cel.
H'CRAXEH, MERRILL & CO.,
Haring been engaged In oar present trasIneM far
upwArds of twelve years, and being located in a Fire
proof Brick BaildiDg, we are prepared to rece.Te and
dupOMO nf Inland Staple, Mich u Sugar, Fjmps, Rice,
PbIu, Coffee, etc-, to ad rant age. OonBignmentj -peciallj
solicited for the Oregon Market, to which
pno.iat attention will bo paid, and upon which cash
advance will be made vhen required.
Charles Y Brook. San Francisco
J C Slerriil k Co
Badger a Liudenbcrger "
James Patrick t Co
Wm T Coleman Co
SteTedi, Baker a Co "
Alien a Lewi Portland
LaddA Tilton "... "
Leonard a Qreen " Ilj4
E. 31. VAiY REFsI),
HaTing the best ttcilitio through an Intimate con
nection with the Jajianese trade fur the1 past eight
earsvls prepared to tranaact anjr buiiness entructed
to hla care, with dupatch. 17-lyl
H. B. WILLIAMS, H. P. SLIXCHARD, C. E. HOEOAX.
WILLIAMS. BLANCHARD & CO..
SHIPPING & COMMISSION MERCHANTS,
31 305 Front Street, San Francisco. Cm
LANGLEY, CROWELL & CO.,
32 Cor.Battery & Clay Sts, BanFrancisco. 6m
EOAED OF UNDEEWfilTEES. !
THE UNDKRSIGXBD liaTlng been
appointed Agents for the San Francbjco Board
of UnderwTltera, comprising the
Calironila Insurance Company,
JlerelianfK 3Iutnul statin c Ins. Co.,
Pacific Insurance Company,
California Lloyd's, and
Home Mutual Insurance Company.
Beg leare to inform Master., cf Tewehi and the rnb
11c generally, that all Vessels and Cargoeii, insured
hj either of the' above Companies against perils of
the seas and other risks', at or near the Sandwich
Islands, will hare to be TeriHed by them.
33-3m II. HACK KELP A CO.
INSURANCE COMPANY, ;
TIIK U.VDERSIGNED, AGENTS of
tho abore Company, hare been anthorized to
Iqtmr rlek4 on Cmrgo, Weight tkntl Trent
urr, by Coasters, from Honolulu to all jorU of
the Hawaiian Group, and Tice Versa.
ly4 II. mCKFELD & CO.
MAEIHE IHSUEANCE COMPANY
Of San Frunclsco.
THE tINDEUSIGNED having been
appointed Agents fur the abore Company .are
prepared to issoe Policies on Cargoes, Freights
TALKER & AIXEJf,
3S-Cm Agents, Ilonolula.
FIRE IKSURANCE COKPAKY.
THE UNDERSIGNED having been
appointed Agents of the abore Company, are
prepared to insure risks against Fire, on Stone and
llrlelc Duildlngs, and on Merchandise
stored therein, on the most favorable terms. For
particulars apply at the office of
6-ly4 F. A. ECIIAEFEIt A CC.
J. I. WICKE,
AGENT JOE THE BEKTrfKTT BOARD OF
UNDER WE ITEBS.
All STerage claims agtinst said Underwriters, oe
enrring In or about this Kingdom, will hate to lie
certified before me. Tly4
SUGAR &. MOLASSES.
J? 18 6 8
IIILO, II. I.
Sugir and Molticscs.
CROP COMING IN ANQ-FOE SALE IN
quantities to suit parcbasers, by
WALKER A ALLEN,
Snfjar and Slolnisscs Crop 1S08
COMING IN, FOR SALE IN QTJANTI
ties to suit purchasers, by
"WALKER i ALLEN,
Sugar aisd Slolnsiscs Crop 1808
COMING IN, FOR SALE IN QUANTI
ties to suit purchasers, by
WALKER A ALLEN,
VTEW CROP NOW COMING TS. FOR
L gale in quantities to suit purchasers,
by C. BREWER A CO.,
IVew Crop of Sugar 6c'Sloasc
VTOW COMING IN. AND FOR SALE IN
quantities to suit purchasers by
0. -BREWER A CO.,
PIANOS AND OTHER
Tuned and Repaired, by CHAS.
DERBY, at the Hawaiian Theatre.
Lessons lTtn on tlie Piano & Guitar.
The best of references giren. 51-ly4
From la Revue ties Dtox Mundes.
In the Parliament of Fnuikrort, the
contest for supremacy between-the two
political parties was passionate, vehement
and painful, for it was not without n heavy,
inward strugglo that those who desired to
establish the Germau nation ' had arrived
at the conclusion of discarding the Ger
man Provinces of Austria, thus -amputating
one of the main parts of the national
body. "When Arndt, the celebrated poet
and renowned bard of the great country,
gave his vote, he fainted senseless in his
chair. But the eloquence andvpnthority
of Mr. Henry von Gagern, carried the hes
itating votes in favor of a limited Ger
many, and the Assembly adopted, by a
great majority, the following Article, by
which Austria was excluded frdmGermani
" Jfo part of-the Empire, composed of non
German States, shall be united to it as a
Slate." This is the origin of the 4th Art
icle of the Peace of Prague.
In order to fully understand the actual
movements of United Germany, it is ne
cessary to recall to mind, in a few words,
the unexpected and sudden events of the
year 1850, because it is from them that
the events of 16CC have sprung.
The Parliament of Franckfort, it is well
known, offered to the King of Prussia tho
hereditary Imperial Crown ; but although
ho had promised to his people that he
would be the " German King," and that
tho constant ambition of his life should be
to promote the interests of liis country,
yet he wa3 not determinedly bold enough
to accept. Frederic William was undoubt
edly an eloquent orator and a poet, but .
not a man of action ; his mind wo3 en
lightened and cultivated, but his will was
weak. Prejudiced by ideas of the old
regime, which the recent insurrections in
Berlin had but confirmed, he did not want
to commit himself with the revolutionists ;
and he knew, besides, that he would have
to wage war with Austria, backed by Rus
sia. Ho nevertheless tried to participate
in the national workof Unity, by 'impart
ing to it a les3 revolutionary turn, and ha
wished to constitute a Limited Germasy
by obtaining the suzerainty of Prussia"
over the minor German States. Ho con
cluded, accordingly, on the 2Clh of Jlay,
1849, a treaty with tho Kings of llaaover
and Saxony, embodying those views, and
having full confidenco in the men of tho
party of Gotha, who' were tho icoderate.
deputies of tho Parliament of Franclcfort,
(already dissolved.) ho convoked a new
Parliament at Erfurt. Frederic William
was advised at that time by General von
Radowitz, an illustrious writer, with an
enlightened mind and TCal talent for states
manship, but evidently blinded in regard
to tho almost insurmountable difficulties
to be overcome. He wanted tj give pre
dominancy to Prussia, without ,the assist
ance of the revolution, and infnvoiding a
war with Austria. His plans 'were des
tined to meet with certain failure.
Austria bad had her energies entirely
paralyzed up to tho end of the year 1849,
by the insurrection of Italy and) Hungary ;
but tho latter being subdued, sho evinced
a renewed vigor under me leadership of
the Prince of Schwartzenberg, nn active
man, whose words were soon followed by
acts tho very reverse of Radowitz and
his King. Ho first of all isolated Prus
sia by detaching from it Saxony and Han
over. This was not difficult to accomplish,
for they had sought the support of Prus
sia merely against the revolution, and now,
that tho revolution was passed, they were
afraid of her, and turned to Austria, the
very embodiment of the conservative spirit
The Parliament of Fjfurt failed because
Frederic William, frightened at his own
audacity, hastened to close the session on
the 29th of April. But Schwartzenberg
did not show any sign of such hesitation,
but bravely pursued his object. He pro
posed that the old Diet should be re
established, and that a confederation of all
the people of Austria Slavonians, Hun
garians, Sec should bo admitted into the
German Federal State. . He succeeded in
getting the alliance of the sovereigns of
tho South, and in the month of Octbber,
tho Kings of Bavaria and Wnrtemberg
joined them, and drank, in Bregenz, to the
success of the Austrian armies. Thence,
he proceeded to Varsovia, and obtained
the saiisfecit of the Emperor Nicolas,
the protector of Austria, and the dreadful
and awful Agamemnon before whom all
the potentates of Germany, great and
little, were then trembling.
In tho meanwhile, Frederic William was
engaged in two very arduous affairs. In
order to .gain the favor of the liberal pity,
the only supportera left him in Germany,
he assisted the insurgents in Holstein,
who wished to take Schleswig from Den
mark, and in Electoral Hesso ho encouraged
thepeople in their revolt when they had ban
ished the Elector and bis execrated Minis
ter, Hassenp&ug. Austria profited by the
opportunity thus offered, and took in band
the cause of those Sovereigns against their
subjects. All the Princes met with Aus
tria at Franckfort, leaving Prussia in the
most absolute fsolation. Schwartzenberg
then imperiously demanded that Prussia
I should at once recall her troops from the
BER 11, 1868.
Duchies of the. Elba and the Electorate of
Hesse. What was to be done under these
humiliating circumstances? The King
was undecided and unhappy ; he thought,
nt first, to refuso compliance with Aus
tria's demand, and of offering resistance.
At the opening of the Legislative As
sembly, ho delivered a warlike speech, and
called Mr. von Hadowitz to the Ministry.
The army was put on a war footing, and
the landwehr called out. A spirit of pa
triotism animated the wholo country, which
longed for a renewal of tho glorious days
of Frederic the Great. But Schwartzen
berg assembled on the frontiers of the
Electorate of Hesse a formidable army of
180,000 men with a promptitude that pat
all Europe in consternation, and gave evi
dence of the great changes brought about
in strategy by the use of railway convey
ances. War seemed to be inevitable. The
Crown Prince, now King, of Prussia, urged
it, and the Conservative party itself was
led to advocato it.
On the 8th of November, shots were
exchanged between the sentries of the two
vanguards, and tho Austrian Envoy, Mr.
do Prokesch, on tho 26th of the same
month, summoned Prussia to evacuate the
territory of Hesse within twenty-four
hours. At this supreme crisis, the King
paused,-and would not accept the respon
sibility of a bloody fight between Ger
nans i ho yielded. Mr. von Radowitz
resigned, and was replaced by Mr. do Man-,
tcuffel, who was obliged to go to Olmufz,
and submit to the cruel orders of Schwart
zenberg. Prussia was compelled to sacri
fice her allies of Schleswig tind Hesse, and
to recognize the nuthority of the Diet,
where her rival reigned and ranked over
all ; and Tier vexation attained the climax
when the Austrian Minister published a
haughty circular, in which, while com
placently enumerating the defeated pro
jects of Frederic William, he boasted of
having restored "peace and order in Ger
many. These events have been exactly repro
duced in 18CG, but in a reversed manner.
Austria had then her Bismarck, and she
was likely to succeed at that time, when
all Europe was carried along by a violent
reaction against the revolution of 1848,
to the principles' of which Prussia was the
only adherent. The secret of success in
politics is to know clearly the object to be
attained ; to pursuo only what is practica
ble ; and, above all, not to act in n contra
dictory way. If Frederic William aimed
at nnifyiDg' Germany, in spite of tho claims
of the sovereigns, he had but to frankly
join the revolutionary parties in Hungary
and Italy, and to overthrow tho conserva
tive power of Austria, whilo sho was fight
ing against her revolted subjects. If he
was not ready for that course, of action, it
were better that he kept quiet. Since
those disastrous times, however, it can be
noticed that Prussia has profited by her
hard lesson. Olmutz was engraved in the
heart of Prussia and of its army, and it
was at that time that the present King
resolved to make the army yet more strong
and powerful. Sadowa has been the re
vongo for Olmatz.
Austria, having thus affirmed her
strength, endeavored, in tho laborious con
ferences of Dresden, to enter tho Confed
eration with all her provinces. She failed,
however, owing to the opposition of the
foreign Powers, and of minor German
States, which did not wish to see Austria,
any mure than Prussia, enjoying an abso
lute preponderancy. Germany wa3 obliged
to resume the old regime of 1815. Of bo
many efforts and hopes ; of so many pro
jects 'of reform, nothing was left but a
great depression of confidence and a pro
found irritation. Each effort towards
unity brought a more complete disunion.
"Tho Germans," wrote Borne,"know
how to suffer together, but do not know
how to act together." " German unity,"
us was stated in an Austrian1 pamphlet of
that time, " is like the quadrature of the
circlo ; when yon think you have it, you
discover' that it is impossible to get it."
However, tho national feeling persisted,
and received something like an electric
shock on the 2nd of December, 1851.
Germany did not look without anxiety
upon the resurrection of the Napoleonic
dynasty; and when, in 1859. the Emperor
Napoleon III. passed the Alps to free the
Italians, his words gave to the movement
iownrds unity, on the other Bide of the
Rhino, a renewed impetus. Tho Sove
reigns and above all, ultramontane Ba
varia, thought of uniting with Austria,
against France; but the liberals, on the
contrary", were happy to countenance the
French intervention, which, in attacking
Austria, was doing away with the only
great obstacle that had hindered the ac
complishment of unity. The Chief of the
Social Democracy, Losalle, published u re
markable pamphlet, in which he said:
" The war of Italy is not only sanctioned
by true Democratic principles, bat it is an
immense advantage for Germany, and
brings ealvatyn with it. Napoleon III.,
in inviting Italians, by his proclamation,
to drive the Anstrians oat of the Penin
sula, accomplishes a German mission by
overthrowing Austria, the real obstacle to
the unity of Germany. If the political
map of Europe is to be changed in the
name of nationalities, in the South, the
same principles will be triumphant in (he
Norths Let, then, Prussia act without
hesitation, if she does not want to trive
proof that Monarchies are incapable of
Mr. de Bismarck, who had been for so
long a.time the head and type of the Con
servative party, has earned out the pro
gramme of the revolutionist Lasalle ; and
from .the war of Italy dates tho foaoss
Association of the JfaUcmal-Verein, whose
mission was to briBg about the desired
S6.00 PER YEAR.
Supreme CourtIn Banco.
An Cued vs. Woso Kdai.
Allen, C. J., Hartwcll, J. (Austin, J. did
not sit, having been of counsel In the case.)
JTUe opinion of the Court was rendered by
Mr. JusticeHartweU, Allen, C J. concurring.
This was a bill of exceptions to a nonsuit
ordered by the presiding Judge of this court
at tho last July term. The defendant bad
procured the arrest, indictment and trial of
tho plalntifT, on a charge, of embezzlement.
The plaintiff introduced in evidence the re
cords of the proceedings beltire the commit
ting magistrate, and at the trial In the last
April term, also the testimony of J. Mont
gomery, David Dayton, Kailinle, Fakeokeo,
W. C. Parke, R G. Davis, J. W. Martin and
W. C Jones, and closed his case. The Court
then, on motion of,the defendant's counsel,
ordered a nonsuit, on the ground that the
plaintiff had failed to show want of probable
This case presents two questions, viz: had
the presiding Judge a right to decide whether
there was or was not probable cause for the
prosecution, and, provided be had eucb right,
did the tacts authorize the judgment given f
It was never doubted that want of probable
cause lies at the foundation of this action,
and must bcifflrmatively shown by the plain
tiff to entitle him to a verdict, and that the
existence, of probable cause is an effectual
bar to the action. But the plaintiff's counsel
urge that this is a mixed question of law and
fact, which sbonld have gone to the Jury un
der proper Instructions from the court ; that
it Is for the jury alone to say whether there
was malice or not, although the law may re
quire them to presume malice from want of
probable cause ; and that as the plaintiff has
the burden of proving a negative, -where the
facts lie mainly In the knowledge of the de
fendant, elight evidence may suffice to prove
want of such cause. These positions are sus
tained by the authorities. Johnstone vs. Sut
ton, 1 T. K. 453. Baldwin -vs. Weed, 17 Wend.
227. And tho authorities further establish,
that where there are facts In controversy
from which, If true, the jury might infer want
of probable cause, and if not true, Its, exist
ence, It would bo error for the court to weigh
and pass upon such evidence. Munns vs.
Dupo'nt, 3 Wash, a C 31. " ' '
It is equally well settled that where there
are no facte In controversy material tottii
issue, the court should decide whether .the
facts proved do or do not show want of pr?br
able cause,, and .may, properly order a non
suit If they do not. Davis vs. Hardy, 0 B. &
C. 234. Cloon vs. Gerry, 13Grayj201. Masten
vs. Dejo, 2 Wend. 429. Kidder & nx- vs.
Parkhurst et a, 3 Allen, 295. Of course the
case is still stronger If the, evidence offered
not only fails to show want of probable cause,
but should prove that such cause did exist.
In snch case, It would he the duty of the
court to Instruct the jury to find a verdict for
the plaintiff on the tacts proved, whatever
they might find as to the disputed but imma
"Probable cause is such a state of facts in
tho mind of the prosecutor as would lead a
man of ordinary .caution and prudence to be
lieve, or entertain an honest and strong sus
picion, that the person arrested is guilty."
Shaw, C. J., In Bacon vs. Towne et al, 4 Cusb.
239. In Broad vs. Ham, 5 Blag. N. C. 723,
Tindal, C. J., says: " There must be a rea
sonable cause, such as would operate on the
mind of a discreet man ; there must also be a
probable cause, such as would operate on the
mind of tho party making the chargo."
Adopting these definitions, we are of opinion
that the plaintiff himself has submitted evi
dence of factB which authorized a nonsuit.
This is not a suit to be favored by the courts.
It Is not for the plaintiff to complain, when,
upon his own showing, he docs not como
into court with clean hands. The evidence
of the plaintiffs own witnesses Is that tho
defendant's legal adviser had counselled him
that the plaintiff had actcd.dlsbonorably, and
had told the plalntifT, that he ought to pay
what he owed the defendant.
The facts are admitted, or are not contro
verted, that the defendant's Arm, Chnlan
Bros., sold the plaintiff goods at cost, on an
agreement that they should have ten per cent
above on salcs,and that he should buy only of
them; that they sent their agent, Ah Kim,
to Hanapcpe, wbcro the plalntifT .kept bis
store, and that Ah Kim, pursuant to their
instructions, took an account of stock and
cash on hand; that tho plalntifT first com
plained to the. local magistrate at Waimca
that Ah Kim was trespassing on his property,
but upon the day fixed for the hearing, as
the magistrate testifies, bad come to an un
derstanding with Ah Kim, transferring tho
store and contents to him ; that this agree
ment was Written by the magistrate, and
signed by the plaintiff and Ah Kim, March
11; that Ah Kim gave the plaintiff a letter
to Chnlan Bros., dated March 3, Informing
them that he had counted the goods and cash,
and paid to the plaintiff $S6 37 to deliver, to
gether with the letter and a book containing
the inventory of stock, to the defendant;
that the book and letter were delivered by
the plaintiff to the defendant at Honolulu,
and In reply to the defendant's demand for
for the money, the plaintiff put him off from
time to time, admitting that he bad the
monsy, and Saying at one time that he had
forgotten it, and finally, on going with the
defendant to Judge Austin, claiming part of
the money as due him on set off, still admit
Ing, however, that the rest of the. money be
longed to the defendant; that the plaintiff'
finally left for Kauai without paying the
money, or any part of it,'or attempting to ac
count for It, and that on the plaintiff's return
to Ilonoluln the defendant made a complaint
before Judge Montgomery, who testified, as
the plaintiff 's own witness, that he gave the
matter two days' consideration, and then or
dered ihe plaintiff, to be committed for trial;
nor does it appear that the plaintiff has ever
paid this money, or attempted a settlement.
Looking at these facts, this Court cannot say
that there was an absence of snch probable
and reasonable cause si might lead the de
fendant, or "any raan of ordinary caution and
prudence to entertain an honest and strong
suspicion" of the pbdntiff't guilt of the
charge preferred against him. On" the con
trary, We are of opinion that these facta show
aa actual presence of snch tease, and that- a
nonsuit was properly ordered. Judgment
affirmed. J 1
Vam. Jones and Thompson Par piafetUt
Meecrs. J add and Stanley tor defendant
BOOK AND JOB
PSIKTOfS BST ABLIJSIDfT I
THIT " B AZSTTE " OfflCI
Is now prepares to extents ail criers for
of evert Dwegupnoji,
WITS NEATHBSS ADD. DISPATCH
Supreme Court In Banco.
Tub Kino vs. TIcuj.
The opinion of the Court Was rendered by
Mr. Justice Hartwell, Allen, 0. J.ami Aus
tin, J., concurring. .
This was a bill ot exception to the dcefafoa
of the Circuit Court of the Third Judicial
District, in overruling a motion la arrest of
Judgment for alleged defects In tho ia&t-
The defendant was Indicted for having, at
Onoullnui, with force and arras,-and unlaw
fully and feloniously, broken and entered, oa
the night of Jnly 11, 1S6S, the onlce'oraoDert
C Janlon and William L. Green, with Inteot
unlawfully and feloniously to steal, and fr
then and there stealing certain books of ac
count, to tho value of $15 or thereabout. It
la claimed that under out statutes there Is bo
common law offence of burglary, that this in
dictment was Intended to be laid under the
16th and 17th Sections of chapter 14. of the
Penal Code, but docs not contain sn Sclent
averments to come under either of these sec
tions, and charges no offence knowiLto tho
law here. The defendant's counsel Insist that
the sections referred to describe distinct sub
stantive offences; that cseesiial Ingredients
of the offence describecfln the 16th section,
and not charged in the, indictment, are the
presence in the office of another person law
fully there, and the offender being armed with
a dangerous weapon, at the time of the entry.
In the argument It was not insisted by (be
Attorney General, nor do the Court consider
that 'the offence was, or was Intended to be,
charged under this section. 2
But the defence further claims that material
ingredients' of the offence described in the
17th section, and not charged In the indict
ment; are the absence'oranbther'perjonTaw
fully in the building, and the offender 'not
being armed at tho.tlme of the entry.
Wo do not regard these sections as setting
forth two separate and distinct offences, but
only one, the substantial elements of wnlch
are, breaking and entering at night any of tie
buildings specified,' wlthintent1o commit
felony therein, Tho 16th section enumerates
certain aggravated circumstances atiendlng
this offence, which the 17th section "ennmer
ates'as not attendln'g'he same offence.' The
words of the Tntf section'-refer dl'rectiy to
those preceding, and can only he reed'ahd.
understood In connection therewith, to ex
plain the words, "iwA person being within
such house," and "tueh offender being, to
armed." The 17th section js In the nature or
an exceptional or provisional .dansemodlfy
lncr the 16th section by providing a lesser
punishment for 'the offence when noi cbal
mlttcd under certain circumstances. Attend
ant circumstances need not bo set forth
Which do not fqnn a constituent part of. the
It Is not duly unnecessary-to aver more
lutia luiiu uru it-gaiiy ana suDstanuaiiy sui
flclent to make out the offence, but too great
minuteness and strictness are to be avoided.
Iter vs. Alrley, S East 34. Less minuteness is
required In charging mere matter of aggrava
tion or inducement, Bacon's Abr., Title In
dictment, still less In matter of mitigation.
Wo know of no authority requiring the Gov
ernment to aver or prove that the offender
had no dangerousweapon when he committed
tho offence: On the general principle that it
Is unnecessary to deny that which tho other
side won'd properly affirm fa defence, It Is
well settled that an indictment for a statute
offence need not negative the provisoes, nor
show that the defendant Is not. within the
benefit of the exceptions In the distinct
clauses of the statute. Spleres Vs. Parker,' 1
T. K. 141, Commonwealth vs. Hart, 11 Cush.
ISO, Btate-vs; Adams', 6& IL 633.
The Court consider this case coming
within the above rule. In, coses simitar to
this, the authorities are conclusive. Under
the Statute 48 Geo. 3, cb. 129, provision was
made for the offence of stealing from the per
son "without such force or putting in fear 4a
is sufficient to constitute the crime of rob
bery." In Rex vs. Pearce, Bus. 4 Byaa li,
and in Rex vs. Robinson, lb. 331, tbe.Court
held that it, waa neither necessary nor proper
In an indictment under this statute, to nega
tive such force or putting In fear, and that
the meaning Of the statute was, "such force
or putting In fear not being charged at so done 1
The Massachusetts cases cited by the At
torney General are exactly in point, and the
rule by Chief Justice Shaw, in Devoe vs.
Commonwealth, 3 Met. 388, governs thjs
case, viz. : " When there are several species
of the same general crime, with more or few
er circumstances of aggravation, and subject
to a gradation ot punishments, It isnot neces
sary in the indictment, to negative those cir
cumstances which would render it more ag
gravated," See also -Commonwealth, vs.
Squire, 1 Met. 25S, and Larned vs. Cosmoa
wealth, 13 Met. 240. We are satisfied, that
the non-averments complained of worked bo
Injury to the defendant, that the Indicfsaefit
charges an offence under the statutes, ta
terms sufficiently dear to enable the Ce4rt to
determine its nature, and what, If any, van
ishment should be, awarded, and to essMe
defendant to plead previous convlctlog ta
bar of any fntnre proceeding ea tfee ease
grounds. The IrrfktmMt being' heM lo be 9
good under the statute, It I unnecessary' to
consider its force outMde the atotete. -
Mr. Attorney General Philips for. the
Crown, W. p. Jones, Esq., for the dofen jant.
Hew Orleans, October 3. A storm of
wind and raia eomaeneed here Tannic
night and has raged ever alaec, with tat start
Intervals ; It shows no' sign of cases Wo a. ' A
continuous catt wind has, baeksd tsyg.waijf
of Lake Ponchartraln throngh thf caoata isd
swamps until the whole- of -tho1 rear part ef
the drj is Inundated, with an aebwiua nhirrt
of water, from Claitborne street to aw kMe.
The water 1 pouring ovr the baohst of fee
canals, iad is still rising. .The pMishirtwM
Railroad and several street' raSfOMs os
obliged to stop raanlse. . w .
Habttord, Conn., October 5. Tfcss Ms
gives ISO Democratic majority, bMg a ltrf9
gain over.Iast fall, .,
iiew Haven eives 919 Deavoerattc mstarrtT
which is a gain over hut fall,7 bat taof erer
an spring, am ,wm says icaisssn
turns frora varions cities, sbbw huge
craisc gams. - - ;
IUbttobd. Ct., Oetotwra. HeittrM tesa
aboat two-thirds of the State thaw assy jk-
-XUBsUlsBsssssBt kn Ai n aa.l 1 1 ItVtl af tbA BssWa
pttbUeaat lose am to wa aaa gate six. , ,
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