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BOOK AND JOB
TUB "QAOTTK" OFFICE
Is now prepared to execata all ordara far
mi aii hot niimc.
OF KTIKT DKcOtimOX,
WITH NEATNESS AND DISPATCH
Every Wednesday Morning,
AT $1,110 PBlt AXXUM.
Slailest la Foreign Snbssrrlbers srt $7.UU.
Office On Queen Street, in the old
Custom House. Honolulu, II. I.
Printed and peUisaed by J. Moit Suite, it the
Government IMotinr Offlc. to whom all tmsine
comnnnlcmtioof unit be addrwe4.
VOL. V XO. 47.!
HONOLULU, WEDNESDAY, DECEMBER 8, 1869.
m.00 PER YEAR,
s. . cum.
A. s. cuou.
CASTLK A: C()KE,
IXPOBTERS, GENEEAL KEECHASTS,
AND GEKEEAL AGENTS,
No. 80 King Street, opprxile the Seamen's Chapel
TLe Kehala Snpar Compc3 , Hawaii,
Tbe Haiku Sapar Company, Maai,
The Hawaiian arar Mills ManL
The Waialua Snrar Plantation. Oahtt, and other
Ftipar Planter of Waioli and Cblua, Kauai,
The Lotnabai Rice PUntatioo, Kanai,
Ir. Jayne's Celebrated Family Medicines,
AVbe-lrr k Wilson' Sewing Machines,
Tbe Giant Powder Company.
The New England Mutual life Insurance Co..
22 The American Steam Fire-proof Safe Co. flyS
1MP0ETZS & DEAXZE IN BOOTS, SHOES,
Pine Clothing, Furnishing Goods, Perfumery, lc,
corner of Fort and Merchant Street. Honotala.
Also, Agent for the Hawaiian Soap Co. Orden re
ceived, and promptly executed.
Particular attention paid to the Shipment of Goodl
to the ether island -l jS
A. C. UUFl'BM. 51. I..
POET PHYSICIAN, AND STOGEON.
OBce and Residence Xo. 6i Fort Street, Honolulu,
first boae ntafcai of tbe Catholic Church.
At borne day and night, when not professionally
IILI.IAGIIA5I Jc CO.,
MPOBTEES Ic DEALEBS IN HABB Vr ABE,
Cutlery, Dry Good, Faints and Oils, and General
Kervbandue, No. 93, King Street, Honolulu. lS-lyS
rBaXC R0W!t. CODrRET BBOW.
imoWaX jc co.,
IMPOETEES & WHOLESALE DEALEBS
In VTinea, Spirit!, Ale, Porter, it. Merchant St.,
r. r. APiVS. 5. G. TILDES.
AIAJIS Jfc 1VII.WEU,
AUCTION & COMMISSION MEBCHAKTS
S?J (lueen Street, Honolulu, II. I. lyt
II. IIACKFKL.U A: CO.,
GENERAL COMMISSION AGENTS.
Queen Street, Honolulu, II. I. py
ED. HOFFSCHLrlEGER & CO.,
IMPOETEES & COMMISSION KEECHANTS
41 Honolulu, Oahu, II. I. fljS
THEODOIti: C. IIKIdi",
IMPOBTEE ft COMMISSION MEECHANT.
1-5 Honolulu, Oahu. II. I. (ly
F. A. SCH VEH'.It fc CO.,
SS Honolulu, Oahu, II. I. Ui
C. II. LEWEKS. J. 0. DICKSOX.
lkaveies &. nicKsorv,
IMPOETEES AND DEALEBS IK LUMP EE,
And all kind! of Building Material!, Fort Street,
JOIUV S.McCIKEiV, 5t. !.,
PHYSICIAN AND SUBGEON,
Office in II. L. Chaae'a Kuildiug, Fort Street. Office
hours, from Ehtht to Ten a M., and from Three to
Fire r. m. Residence on Chaplain Street, between
Kuaann and Fort Streeta.
ALLEN & CHILLINGWORTH.
Will continue the General Merchandise and Shipping
business at the above port, where they are prepar
ed to furnish the J astir Celebrated Kawaihae Pota
toe, and uch other RecruiU aa are required by
whaleshfp. at the shortest notice and on the most
reasonable term. Firewood alwaya on band. $.15
JO HA T. WATEKHOtSE,
IHPOBTEB AND DEALEB IN GENEBAL
S Qaeen Street, Honolulu, II. I. lyS
IV. la. GUEKA",
GENEBALCOMHISSION AGENT ft BBOKEB
Office in Fireproof Buildings on Queen Street,
S8 Honolulu, II. I. lyj
C. 3. ZrjE.TCEB. H. UlCriELASE.
CIIAS. :. SPE.ACEU at CO.,
GENEBAL COMMISSION MERCHANTS,
It) Queen Street. Honolnln, II. I. fljt
5ICCOL.GAA' at joiirvsorv,
10 Fort it-. Honolulu, opposite T. C. Henck'a. lyi
C. E. WIEEIA5IS,
MANUFACTirBEB, IMPOBTEB ft DEALEB
In Furniture of CTery description. Furniture Ware
Room on Fort Street, opposite Chaaes Photograph
Gallery. Workshop at the old stand on Hotel
Street, near Fort. Orders from the other
41 Islands promptly attended to. lyi
BOOT AND SHOE MAKES,
41 King Street, next to the Bethel. Honolulu. Pji
51. X. DO.XAEIX,
CABINET MAKES AND T7PH0LSTEBEB
King Street, Honolnln, opposite Lewis' Cooper Shop.
41 Will buy and sell second-hand Furniture jlji
J0H5 TIBIETS. THOS. tOBEXSOX.
TIBIIEXH at SOBESSOS,
SHIP CARPENTERS & CAULKERS
At D. Fotr & Co' Old Stand,
ST. Near the Honolulu Iron Works. lyo
TTIIEO. II. DATIES,
Laii Janox, Gixrj t Co.
IMPOBTEB & COMMISSION MERCHANT,
xjr aozxr rox
TJoyd's and the Lfrerpool Cndenrriters,
Britiah and Foreign Marine Insarance Co., and
Northern Assurance Company. 3-lyS
TMPOBTEBS AND WHOLESALE DEALEBS
In Fashionable Clothing, Hats. Cape, Boots, Shoes,
and erery variety of Gentlemen Furnishing Goods.
Snow's Building, Merchant Street, Honolnln. SO-lyi
J. S. WALKER. S. C. ilLtJ.
walker sc allex,
shipping ft commission merchants,
Queen Street, Honolulu. II. I. flyS
I. Xa. tokbert,
DEALEB IN LTJMBEB AND EVERY Kiwn
OP BUILDING MATEEIAL.
13 Orrzcz Corner Queen and Fort street. Ij5
IIOEEES at CO.,
SHIP C HAND LEES AND COMMISSION
Queen Streernonolulu. Particular attention paid
to tbe purchase and sale of Hawaiian Produce.
axrxu XT rxisns&lox TO
C L Richards a Co, U HaclWJ a Co,
C Brewer a Co. C L Bichards a Co,
D C Waterman Esq, Castle a Cooke. 2-lyS
GROCER AND SHIP CHANDLER,
Motj txii Hmilt farnlfbed to Ship on th most
Comaiixio Mexchint and General Agent,
Importer of Teas and other Chinese and Foreign
Goods, Wholes tealer In Hawaiian Produce, and
Agent for tbe Pauaaa and Amauulu Sugar Planta
tions. Fire-proof &ore on Nunaan Street, below
TTONPrEE STOBE CHOICE GEOCEBIES
189 Corner of 3f uoana k Print, Streats, fl2-lj
DIE. 1Y5I. SEWCOJIB,
DENTIST-Offiee, Cor. Fort & Hotel Street!.
narlng taken tbe office of Dr. Smith, offers bis
aerrice to the public in every department of the
at. C. CniLLAHEL. S. A. I LUKE.
CIIALEA5IEL. at CO..
IMPOETEES AND DEALERS IN WINES,
Spirits, Ales. 1c . So. t. Nuuauu Street, opposite
Merchant Street. Honolulu. t5-ly5
D, H. HITCHCOCK,
15) nilo, nawaiL lfl ,
A. S. CEEIIOIO'.
WHOLESALE AND BETAIL DEALEB
In Merchandise. Fire-proof Store, corner of Queen
and Kaahuuianu Street. Betail Establishments, on
Xuuanu Street, and on the corner of Fort and Hotel
Eiaxix rice. a. a. t. caitiz.
C. BREWER at CO.,
HONOLULU, II. I.
AGKXTS tf the Boston and Honolulu
AGKXTS For the Maker, Wallnku and
AGENT'S For the Purcliaae; and Sale of
Island Produce. MyS
B. r. EHLERS. A. JAEGER.
is. f. ei(ei:r at co..
DEALEBS IN DBY GOODS AND GENEBAL
Fire-proof Store on Fort Street, abore Odd Fellows
E. A. SCIIAEFER,
AGENT for tile BREMEX BOARD
of UNDERW BITEI1S.
Agent for the Dresden Board of Underwriters,
Agent for the Vienna Board of Underwriters.
C. S. IIARTOW.
Salesroom on Queen Street, oae door from Kaahu
manu Street. 17-ly5
51. S. GItIMt.Vi;.tI at CO.,
IMPOETEES AND WHOLESALE DEALEBS
In Fashionable Clothing. Hat,, Caps. Boots, Shoes,
and erery rariety of Gentlemen's superior Furnish
ing Goods. Store In MaVee'l Block, Queen Street,
Honolnln, II. I. 10-lyS
AFO.-VG at AOIU'CK.
Importers. Wholesale and Retail Dealers
In General Merchandise and China Goods. In tbe
Fire-proof Store on Xuuanu Street, under the Public
JOIIA II. PATT,
Notary Public and Commissioner of Deeds
For tbe State of California. Office at tbe Bank of
Bishop a Co., Kaabumanu Street, Honolnln. 21?5
II. A. WIMEJIAJfX,
6 J Office at the Interior Department.
G. W A'ORTO.,
COOPER AND GATJGER,
At the Kev Stand on tie Eiplanade.
lie is prepared to attend to all work in bii line j
at tbe Shop next to the Custom House, where he can
be found at all working bonrc He baa on baud 1
and for sale. Oil Cks and Barrels of different tliea,
new and old, which be will sell at tbe rerj Lowest
Market Hate. All work dons tn a thorough manner
and warranted to gie aatisfaction. All kinds of
Coopering Materials and Tools for sale. 1-Cm j
f. ii. fc c si:gelkk, j
TIB", ZINC AND COPPER SMITHS, j
JUTD SHEET IRON W0KKERS, t
Nauanu Street, between Merchant & Qaeen.
Hate constantly on hand, Stove. Pipe, Gal- 1
Tanixed Iron Pipe, Plain and lloae Bibbs, j
Stop-cocks, India Robber Hose bet3-pljr( ,
i(q lengths of 25 and 50 feet, with coupling
land Dire com Diet e. Uatb-Tubs. and also a
Terj large stock of Tinware of erery description.
Particular attention pren to Ship-Work. Orders
from tbe other Island- will be carefolly attended to.
1 Tbankial to tbe Citizens or Ilonolnla and tne
Islands generally for thtir liberal patronage in the I
past, we hope by strict attention to business to merit
the same for the future. 37-lj5 i
JAJIIaS I. LEWIS. j
COOPEE AND GAUGEE, i
At the Old Stand, comer King & Bethel SU.
A Larg Stock of Oil Shoot i and all kinds of Coop
ering Material) constantly an hand. He hopes by
attention to business to merit a continnaaeeof tbe
patrvnage which he has heretofore enjoyed, and for
which he now returns his thanks. I -Cm 1
a. ii. tiio:iiiso:y,
Queen Street, Honolnln,
Has constant on hand and for sale at tbe Lowest
Market I"rices. a good assortment of tbe Best Refined 1
Ear Iron, and tbe Beat Blacksmith's CoaL IS-lji
SAH'L 50TT. I
JOII 3iOXT Ac CO.,
COPPEE TIN SMITHS, 1
Eaahttmann St, one door abore Flitaer-, j
Beg leare to Inform the public that tber are pre ,
pared to furnish all kinds of Copper Work, such as
Stills. Strike Pans. Sorrhnm Pans. Worms. PnmDa. !
etc Also on hand, a full assortment of Tin Ware,
which we offer for sale at the Lowest Market Prices.
All kinds of Repairing done with Neatness and
Dispatch. Orders from the other Islands will meet
with prompt attention. l-3m
LICENSED SHIPPING AGENT,
Office on James Bobinson & Co'i Wharf,
Continues tbe business on hi old plan of settling
with officers and seanivn Immediately on tbelr ship
ping at his offic. Having no direct or Indirect con
nection with any outfitting establishment, and allow
ing no debts to be collected In his office, h hopes to
gire as good satisfaction In tbe future as he has In
the past. l-3m
HOUSE AND SHIP PLUMB EE,
King- Street, next to the Seamen's- BtheL 1
Has on band. Bath-Tabs, Water-CIosets. Wasb-Ba-alns.
Force and Lift Pumps, Lead and Galranixed !
Iron Pipes, and Plumber's Draas-works. IVing tbe i
only Plumber in tbecity, be will execute all orders en-
trusted to him In a workmanlike manner. l-0m
DICKSON As BOLSTER. !
House, Sign & Ship Painters, ;
King Street, near Nananu. i
Graining. Marbling, Gilding, Calsominlng.
jrtA Pa per-ban gin Ac, Ac, executed on the '
QakmJIB'horteat notice, and on the most reasonable
PIANOS and other Musical I
Instmments Tuned and Reralred. bT
CHARLES DERBY, at the Hawaiian
Lessons given on the Piano tfc Guitar
he best of reference given. 51-ly5
31. BEN FIELD,
WAGOff AKD CARRIAGE BUILDER,
TO King Street. Honolulu
Ketairinr. dons with care
and neatness. Also, parties
lu- attention riven to Black-
I mi thing and liars- hoeing. Orders from the other
i lianas promptly executed. ifMy
II. JT. DORSEY,
AND INSTOAHCE AGENT,
41 and 42 3Ierchant's Exrhatice, CalUornia Street,
aoj san mnewco, cal. ly
Mensra. Brown k Co ...San rrancisco.
Slevrs. C. Adolphe Low k Co San Francbco.
Mesrs. Holladsy k Brenham .San Francisco.
)!eesr.II. IlackreldACo Honolulu.
, LXOX K. MCTEKf. 'JXMX5 5. ILOCX,
j LEOtH R. 5IE-ERS t CO.,
I IMPOETEES AND HANUFACTTOESS OF
t ITALIAN & AMERICAN MARBLES,
J Mantels. Grates, Monuments. Ileadtones, Tombs,
Wash.tand, Bureau and Counter Tops, Billiard Beds,
x ire lines. naier. ar-. dc V3u ?larket Street, op-
l wi , vuiuis, mb tiDcuro, tau lty.
. w. siTlaAXcE.
C X. C1AXC
SEVERANCE, CLARK & CO..
AND SHIPPING AGENTS,
405 Front St, corner of Clay, San Francisco.
We will attend to the sale of Sugar and all kinds
of Island Produce, also to the purchasing and f.r-
waruing oi jiercnanoise. lain Adsances made on
JOUtr M CK4.EK3,
3. C HEKXXLJ.
S. T. CaL
M'CRAKEU, MERRILL & CO.,
Having bffii nzrel to oar present Irjtnf for
upmard- of tweUe jcarn, &ni Mng loratfd In m Kir
proof Brlf k EalMInfr. prepared to rrcvfre and
dUpofef Island SUplw. inch a i?Cjrr, Sjrnp. Rlcts,
Pulo Coffe. ttcr to ftdrmntau. Contixnmrnt e-
pecuil solicited for tbe Uregoa Market, t wbkb
peronal attention will W paid, and npon which cash
-uiTances will ce made wuen reqaired.
Charier W Brcoki .....San Franclfco
J 7 MerriU a Co "
Badger k Undeoberger..
James Patrick t Co
Wm T Cotemao t Co
fterens. Hiker a Co "
Allen a Levi , Portland
Ladda Tllton... "
LeonardaGreen 44 1-1j5
E. r. TAX KIII,
Ilarinc the bet facilities thronsh an intimate con
nection witn the.Japanese trade lor the past olght
year, is prepared to transact an J business entrusted
to bis care, ith dispatch. 17-lj5
b. a. wruiixs, n. r. Buxcnaan, c. a. xoisix,
WILLIAMS. BL AN CHARS & CO..
SHIPPING & COMMISSION MERCHANTS,
305 Front Street, San Francisco. Cm
LANGLEY, CR0WELL & CO.,
32 Cor. Battery & Clay S ts, San Francisco. 6m
Saniome Street. Sun Frauclscof
Extending from Sacramento SU to llalleck Street.
HAVING BEEN HKCEXTI.T HEX
OTated and newly Furnished, makes It the
most quiet, economical and comfortable FAMILY
HOTEL in the State. Being centrally located, it of
fers every Inducement for Business Men and the Pub
The Tables will be constantly supplied witb erery
luxury tbe matket affords. Tbe American Exchange
Coach, with Red Ughts, will be at the Wharves and
Depots, to conTey passengers to the Hotel free.
7-ly5 TIMOTHT SARGENT, Pror.
BOABD OF UNDEltWEITERS.
rilllE UNDERSIGNED having been
JL appointed Agents for tbe San Fransico Board
of Underwriters, comprising tbe
California Insurance Company,
Merchants Mutual Marine InCo.t
Poclflc Insurance Company,
California Lloyds, and
Home Mutual Insurance Company.
Beg leare to inform Masters of Vessels and tbe pub
lic generally, that all losses of Teasels and Carguet,
insnred by either of the aboTe Companies, against
perils of the seas and other risks, at or near tbe
Sandwich Islands will haTe to be rerified br them.
l-3m II. IIACKFE1.D A CO.
THE UNDERSIGNED. AGENTS of
the abore Company, bare been authorized to
insure risks on Cargo, Freight and Treas
ure, by Coasters, from Hoiiulnln to all ports of
the Hawaiian Group, ai.d rice verwu
MjS II. HACKFELD A CO.
MaAEINE INSURANCE COMPANY
Of San Francisco
THE UNDERSIGNED having been
appointed Agents for the abore Company .are
prepared tolsnne Policies on Cargoes, Freights
WALKER A ALLEN,
l-3m Agents, Honolulu.
THE UNDERSIGNED, AGENTS OF
tbe abore Company, hare been authorized to
insure risks on Cargo, Freight and Treas
ure, frum Honolulu to all ports cf the world, and
IS-ly n. HACKFELD A CO.
FIEE INSURANCE COMPANY.
THE UNDERSIGNED having been
appointed Agents of the above Company, are
prepared to Insure risks against Fire, on Stone and
Brick Buildings, and on Merchandise
stored therein, on the most favorable terms. For
particulars apply at the office of
S-Iy& F. A. SCnAEFER A CC.
THE AGENT FOR THE BRITISH
Foreign Marioe Insurance Company, (Limit
ed),hasreceiTKdiiutrnctioos to reduce tbe rates of
Insurance between Honolnln and Ports In the Pacific,
and is now prepared to issue Puliries 'at the Lovxst
J&ife, with a special reduction on Freight per team
era. THEO. II. DATIFS,
4-tf JfftjUJJriU br. Mar. Int. Co. (Limited)
UIPERIAL FIGE IXSURAACE CO.
Of London. Established A. S. 1803.
CASH CAPITAL, $8,000,000 In GOLD.
THE ODERSICXED IIATI.VO txtn appoinlK
aeBta of tbe abore Oodpanj for the Hawaiian
Island, are prepared to tnsore against Fire oa Brick,
Stone and Wooden Bondings, and on Merchandise,
on the most tsTorable terma. For particniars, apply
at the oSce of
2My WALKER 4 ALLEN.
3IK. J. COSTA,
JEWELER AND EKGEAVER.
Fort Street opposite 021 Fellows Hall,
la prepared toexecntearltb promptness, all srork In
his line of business, such aa Watch and Clock repalr
tag, Mannfartaring Jesrelrj and Engrarinc.
SUGAlt & MOLASSES.
IS 6 9
iiilo, ir. i.
Sujar ii ml IoIiikkph.
CROP COMIXO IK AXD FOR SALE IX
quantities to suit purchasers, by
WALKER Jt ALLEX.
Sn ii r- untl 3IoIaMe Crop
COMIXG IX. FOR SALE IX QUAXTI
ties to suit purchasers, bj
WALKER t ALLEX,
Snnr and IoIn-.cs Crop lrJiOO
"lOMIXG IX, FOR SALE IX QUAXTI-
y lies to suit purchasers, br
WALKER 4 ALLEX,
IVcm- Crop of Susrar at 3IoIaihCf
"VfOW COMIXH IX, AXD FOR SALE IX
JLN quantities to suit purchasers br
C. BREWER Jt CO.,
"VTEW CROP XOW COMIXO IX. FOR
JLN Sale in quantities to suit purchasers,
or u. UKbWtK i CO..
DltY GOODS, &C.
CASTLE & COOKE,
Consisting in Part of
Finest White all Wool 4-4 Flannel,
Finest White all Wool and Angola White
Flannels, Good Grej and White all Wool
Flannels, 10x4 Bleached Sheeting,
Thompson's Glove-Fitting Corsets,
Amoskeag Denims, Jeans, Brills and
Bleached and Unbleached Cottons.
A Sup'r ass't of Stationery.
Water Lined Xole Paper.
White Ruled Xote Paper,
White Ruled Laid Leaf, Letter a
Bill Paper, White, Buff k
Amber Laid Letter a
Parson's Indelible, and Carter's Copying Ink,
- Artists' & Book-keepers' Flexible Rulers,
.Smith t Wesson's Pistols Cartridges,
Hair Girths, Stirrups a Leathers,
Spanish Trees, Croupers and
Bridles, Oak Belting,
Italian Pnckin I.ace I.catlier,
Paints, Oils, &c.
White Zinc & Lead, in 1,2 k 25 fi containers,
fans and Lhrome Green,
Chrome Yellow, Umber, Sienner,
Patent Dryer, Vermillion,
Prussian Blue, Whiting,
Bladders of Putty,
Carriage and Coach Varnish,
Bright, Copal and Furniture Varnish,
iioiied Linseed Uil, turpentine,
Mason's Blacking, Coffee Mills,
Axe, Pick, Slelge. Ads, Hoe, Oo,
Hammer Jt Chisel Handles,
Wool Cards, Saddles,
Crosers, Honels, and Champering Knives,
Fore, Smooth, Jack & Jointers,
Cut Xails.3, 4, 6. 8, 10, 12, 20, 30, 40, 50 and
COd, Boat Xails, 1. 1, 11 a 2 inch.
Pressed Xails, 2 a 2 inch.
Cooper's Rivets, 4, 7 a 8 Bs,
Copper Rircts a Burs, J. J,
it inch. Gimp Tacks,
Iron a CopperTaeks
of all sizes.
Best Robber nose, i, , 1, 1 a 2 inch,
Centrifugal, Varnish, Paint, White-Wash
and Scrub Brushes, Cor'd Tin Pails,
i, 1, 2, 3, 4. 6. 8, 10 a 12 quarts,
Covered Slop Pails, Dippers,
Dish and Milk Pans,
Hammers, Gauges, Squares, Chisels,
Augers, Sieves, Lime Squeeiers,
Yard Sticks, Bung Starters, Axes,
Shorels, Spades, Oos, Lanterns,
Eagle Horse, A and 0 Plows and
Points, Paris Plows, extra
heavy and strong.
Protoxide of Iron,
Poland's White Pine Compound,
Fails, Tubs. iJrooms, bte., htc.
Dovrncr's Kerosene Oil,
From the Boston noose.
And Many Other Articles
ALL TO BE SOLD LOW.
CRATER OF KTLAOEA. HAWAII.
i THIS ESTABLISIIJIENT IS JJ
I now open for the reception of visitors to -Tr
volcano House, who mar rely on fiodinr com
fortable rooms, a good table, and prompt attendance.
xxpenencea gmae lor me uaier always wn nana.
STEAM AD SULPHUR BATHS !
Horses Grained and Stabled if Desired
Parties risitins; the Volcano via llilo. can procure
animals warranted to make the journey, by D. II.
UlTCHOocX, Esq. 37-1 J 5,
Corner Hotel and Fort Streets
HUGHES &. DUTCE
flavins; tatel j renovated and refurnished tfa
PI the above well-known place of entertain-
ment. would respectfully infurm the public that tner
LKrocrs, r ues, Ales, ac at tnelr itar 3KRa l
Supr-f mc Court At CIsninlsera
BEPOIIE HABTWZ1X, J., SOT. 17, 1SC9.
Cn the IXUUoh of IHrnj Krai, in btuitf of
Jpuna, for Writ of Unheal Corptu.
The Marshal's return to tbe writ was as
"In obedience to within writ, I do brio;;
loto this Honorable Court the body of the
j within Damn Apnna. Said Apuna was com
mitted to my coMody on tbe lilb day of Au
gust, A. L)., taw, lij virtue cr a .Minimus, to
me directed, from tbe 4tb Judicial Circuit
of tbe Hawaiian Islands, in words and figures
as ioiiows, 10 wit:
" 'Circuit Court of tbe Hanaiian Islands.
! Nawiliwill, Anu'ust Term, A. D., 1S09. To
, W. a Parke, Eq., Marshal of tbe Hawaiian
Islands, Greeting: Whereas Apnna, (P.,) has
I been convicted at the present Term of this
Court, of the crime of selling opium without
I a license, ana lias tnis day ocen sentenced ny
, tbe said Court to pay u tine of Three Hun
dred v$30a00) Dollars, nilli costs ol Court,
Seventy-seven SO-100 (f 77. bO) Dollars,
" 'Therefore, you are hereby commanded
to receive the said Apuna Into your custody,
and see the abore sentenre dulv executed
"'Witness the- Hi.norable'H. A. Widk-
Masn, 2d Associate Justice of the Supreme
uourt.at aawmwiiLtuis l.'tuday or August,
A. D. 1S09.
" ' Seal. (Signed.) Duscas McBrtde,
"And I do hereby return this writ com
plied with, this 8th day of November, A. D.
lSfi9. W. C. Pauke,
"And I do hereby make further return,
that tbe said Apuna now Is, and has been
held to bard labor since tbe commitment to
my custody. W. C Pahee,
The petitioner's traverse to the Marshal's
return denies that the Court Lad any authority
so to sentence, or that there was any crime by
the prisoner committed to authorize or Jus
tify the sentence imposed, or tbe Issuing of
such mittimus, the same not being Justided
by the law under which be was convicted,
"ylz.: selling opium without license; denies
that tbe said Mittimus Is the process of the
Circuit Court of the Fourth Judicial District,
as It does not bear teste of said Court ; de
nies that the Marshal, under said process,
has authority to detain and Imprison said
Apuna at hard labor, or In any other manner,
as he is commanded to execute the sentence,
and imprisonment, or Imprisonment at hard
labor, forms no part of tbe sentence nor of
the command in said mittimus; denies that
the Marshal has, under said writ, or by au
thority of any law of this Kingdom, power
to execute a sentence In any manner for fine
with costs; denies that the Marshal has au
thority to execute a sentence for fine, or fine
and costs, at bard labor, unless such sentence
Is so pronounced by the Court, and recorded
in tbe mittimus.
Peg Curiam: Tbe Constitution provides
that "Tbe privilege of the writ of Habeas
Corpus belougs to all men, and shall not be
suspended, unless by the King, when, tn
cases of rebellion or Invasion, tbe public
safety may require it;" that "no person shall
be subject to punishment for any ofTense,
except on due and legal conviction tbereor
In a court having jurisdiction of the case;"
that "no person shall be deprived ol life,
liberty, or property, without due process of
law;" that "every person has tbe right to
be secure from all unreasonable searches and
seizures of- bis person," itc; that "each
member of society has a right to be pro
tected by it, In the enjoyment of bis life,
liberty, and property, according to law."
'Articles 5, 6, 9, 12, and 14.
Tbe Statute gives Justices of this Court,
in Chambers, jurisdiction "to issue writs of
habeas corpus, for Inquiring Into tbe cause
of any alleged unlawful imprisonment or
restraint." Sec. 855 Civ. Code.
What Is this Vrit of Habeas Corpus? In
many of tbe United States, there are statutes
defining Its nature and force, but they are all
essentially alike, and are all In substance tbe
same with the English statute of 31 Car. II.
It Is unnecessary to refer to tbe different
Writs of Habeas Corpus ad ttsSificandum, ad
tatisfaciaidum, etc.,wblch are so named to
denote tte purpose lor which they were
issued. Tbe writ always Intended, if not
otherwise described, Is the writ uil tuljiclm
dum it recipiendum, which was designed to
release persons from illegal confinement.
The writ was known In English law long
anterior to Miosa CnAitTA, which secured
tbe acknowledgment of common rights as
39. "Nnllus liber homo caplatur, vel Im
prlsonetur ant dissalslatur aol utlagetnr, ant
oliquo raodo destruatur; nec snper cum
ibimns, nec super enm mlttemns, nisi per
legale judicium parimn Buorum, Tel per
40. "Xnlli rendemus, null! negabimus,
aut difiereraus, rectum sat Justltiam."
39. "No freeman shall be taken or impris
oned, or dispossessed, or outlawed or ban
ished, or In any manner destroyed ; nor will
we convict or sentence him, except by lawful
jndement of his peers, or tbe law of the
40. "To none will we sell, to none will we
deny or postpone, right or justice."
Lord Chatham, In speaking of these words
In tbe House of Peers, used this memorable
language: "They (your ancestors,) did not
say, these are tbe rigbts'of the great barons,
or these are tbe rights of tbe great prelates.
No, my lords: tbey said, In the simple Latin
of tbe times, Jt'ullu liber homo, and provided
as carefully for the meanest subject asfortbe
greatest. These are uncouth words, and
sound but poorly in the ears of scholars;
neither are tbey addressed to the criticism of
scholars, but to the hearts of freemen. These
three words, SuUut'liber homo, bare a mean
ing which Interests us all; they deserve to be
remembered, tbey deserve to be Inculcated
in. our minds, they art vorth all the Clastic."
Alter tbe Charter of Runnymede, the Pe
tition of Right and tbe BUI of Rights were
secured, and the three together form " The
JSSbU of the English Constitution." In 1673,
tbe Habeas Corpus Act of 31 Car. II, was
passed. Tbe Act of 56 Geo. Ill, extended
tbe power of the writ, and enabled tbe judge
before whom the writ is returned, to Inquire
Into the truth of tbe facts alleged therein.
It is common to speak of tbe privileges tbns
secured, butno sound jurist or tbinker ercr
admitted that these privileges were anything
but common rights under the lavof England.
The rights of persons in tbls Kingdom, un
der writs of Habeas Corpus, are, In my
opinion, as fully secured by Constitutional
and Statutory provisions, as if thctamoos
English guaranties and enactments, with
merely Terbal alterations, were spread upon
our statute books. The Writ of Habeas Cor
pus enjoyed here is tbe same, in substance,
with tbe original writ, as secured and vivified
by the English Acts, Bills and Charters.
Anything less than this wonld make tbe pro
visions therefor In our Constitution and Stat
utes hollow and meaningless, and would be
contrary to sound rules of legal constiuctlon.
I mustr therefore, be guided by these lights,
and by the decisions of English and Ameri
can Courts, concerning tbe law of Habeas
Corpus; and I think the practice of this
Court has never been opposed to this view.
By the Act of 31, Car. 3, persons commit
ed or detained for any crime but treason or
felony (If they are not persons convicts or la
execution by legal process) have a right to
be brought before the Court on Habeas Cor
pus, and tbe Court wltbtn two days must
discharge the prisoner, "unless It shall ap
pear that he Is detained upon alesal process,
order or warrant out of some Court that
bath jurisdiction." Tbe true rule to be
gathered from the authorities Is, that tbe
function or this writ does not supersede the
functions of Writs or Error and Certiorari,
Bills of Exceptions and Appeals. The al
leged errors of a trial should be reconsidered
only by tbe appellate Conrl authorized by
law to review them. No power is given,
and perhaps none exists, to review tbe de
cision of a Judge discharging a prisoner on
Habeas Corpus. Hence the necessity of ex
ercising jurisdiction in such cases with dis
cretion, and according to established prin
ciples, Tbe Court will rarely use the Writ
of Habeas Corpus to effect a reversal of
judgment reudered by a Court of competent
jurisdiction, tbe mittimus showing a prima
facte legal conviction. Tbo officer's return,
or tbe record brought up on certiorari, ought
to show these legal requirements. If the
process Is merely voidable, and not actually
Told, It Is regarded as good authority lor the
confinement of tbe prisoner, until tbe Judg
ment shall be reversed by the appellate
Tbe petitioner's pica to the officer's return,
neither. In legal intendment, traverses, nor
confesses and avoids the facts alleged; but it
is a demurrer to tbe legality of the Impris
onment. It U claimed that the imprison
ment, either at bard labor or otherwise, is
1. Because the mltllmns Is not duly au
thenticated as tbe process of the Court.
2. Because tbe law does not authorize the
Imposing of costs as part of tbe sentence.
3. Because the mittimus does not order
the Marshal to imprison at hard labor or
4. Because the law gives tbe Marshal no
discretion or authority to imprison at bard
labor, or otherwise.
The first objectton has no force, and was
in fact not Insisted upon. No Statute re
quires tbe process to bear teste of tbe presid
ing justice; the seal of the Court witb the
official signature of tbe clerk and the signa
ture of the justice of the Court who In fact
presided, are sufficient.
The Statute penalty for this offence
Is a fine not exceeding five hundred dol
lars, or imprisonment at hard labor for a
term not exceeding six months. A "fine of
$300, with $77 costs of Court," Is a sentence
within this Statute. If the mittimus should
command tbe Marshal to imprison until
tbe payment of an extreme fine ofv
$500 and $77 costs, the Statutes perhaps
might sanction such, order. The provision
for the discharge of a poor convict at the
end of one year, if he is unable to pay the
"fine, or fine and costs only, or cither of
them," for which be "shall bojrc been im
prisoned," wonld seem to imply the power
to adjudge payment of costs. (Sec 2, Ch.
51, Comp. Penal Code.) So does Sec. 5, lb.,
which makes the officer liable if be allows
the escape of any person- undergoing "sen
tence of Court, for payment of any sum as a
fine, forfeiture or costs." On the other
band, Sections G and 7 lb., provide for exe
cution to issue on the convict's property,
for costs, and that If they are not paid by
bim or out of bis property, tbey "shall be
paid ont of the Treasury of the Kingdom.
I will not, however, volunteer an opinion
on facts not before me; if such a case should
arise, it would properly be reviewable on
error to the foil Court. By section 2 of the
same chapter of tbe Penal Code, "when a
fine Is not paid Immediately following the
offender's conviction, ho shall be committed
to prison, there to remain at bard labor, or
otherwise, in tbe discretion of tbe Court or
magistrate, until such fine is paid, or col
lected out of the offender's property." It
may be inferred from this mittimus that tbe
fine was not paid; but Imprisonment at hard
labor can not be inferred. Nothing can be
presumed against tbe liberty of tbe person.
The discretionary power of tbe Court to com
mit tbe offender to prison, "there to remain
at hard labor, or otherwise," was not exer
cised In this Instance, and It Is not a power
which can be delegated to another. Tbe
power to pronounce tbe entire sentence, or
to try tbe prisoner, may as well be delegated.
Tbe authority of tbe Marshal to bold this
prisoner as he is doing, is not under this
mittimus. Is it under the general law ?
The Civil Code provides : "When any per
son shall be sentenced to pay a fine, and to
be, Imprisoned until such fine Is paid, tbe
time of his Imprisonment shall be deemed to
discbarge bis fine, at tbe rate of twenty-fire
cents a day." Sec. 22.. "Every person
who shall be fined for a violation of any pro
vision of tbe revenue laws shall, In ease he
rail to pay such fine, be imprisoned at hard
labor until such fine be paid or remitted, or
until be shall have earned s sum equivalent
to such fine." Sec. CS5. It is enough to
say of these statutes that this case comes
under neither of them. This is not a case of
violation ol rerenne laws. A sentence of
fine and Imprisonment Is expressly provided
for in tbe former section, and no power is
there given for tbe Courts to extend a sen
tence beyond the penalty affixed by law for
each particular offense, nor for tbe Marshal
to execute a sentence never pronounced.
By Sec. 206 of the Civil Code, tbe Minister of
tbe Interior, with -the approval of tbe King,
in Cabinet" Council, "may prescribe roles
and regulations for tbe government and dis
cipline" of prisoners. It wag suggested that
tbe prison rules authorized the Marshal to
Imprison Apnna at'hard labor; bat tbe sng-
gestion was withdrawn on sabscquent exam
ination or tbe rules themselves. In regard
to this portion of tbe argument, In which It
was urged upon the Court that Judicial
knowledge must be taken of tbe existence
and nature of such rules, I feel bound to say
that I am aware of Constitutional provision
which make void any rules going to tbe ex
tent sncgested. The discipline of convicts
docs not inclnde the power to attach penal
ties not prescribed by Statute, and Imposed
by the Court. It Is a right of every accused
person to knowbeforeband,wbat penalty may
be Imposed by law for t be crime charged. It
Is tbe right of a person convicted of crime to
be Informed, In open court, of tbe sentence
Imposed. The statutory power to restrain
and govern prisoners has been exercised,
however, only within Its proper legal limits.
I find no anthorlty, therefore, for tbe Mar
shal to execute a sentence of Imprisonment
at bard labor In tbls case. Nor have I any
power to remand tbe prisoner. In order that
such a sentence may be Imposed, If deemed
The petitioner's counsel argued that a sen
tence of Imprisonment could not have been
passed which should exceed, the llmltoCalx
months, or which, by force of other Statutes,
should -work Imprisonment exceeding six
months. The question Is not properly before
me now, but It should be carefully considered
by magistrates, In like cases, In determining
what sentence to Impose.
Let an order be made discharging the
It 1L Stanley for petitioner.
Attorney-General S. II. Phillips for the
The Sanborn Patent Safe Is a late inven
tion wblch claims, by the Introduction of
water within Its walls, to render secure
against fire all papers, books, etc., that may
be placed therein. One of these Safes wo
have seen In a counting-room of one of our
merchants, and we hear that preference was
given to It, over every other kind of safe, by
the agent who was charged to send out tho
very best article made.
Its peculiarity consists In Us having cop
per vessels, tilled with water, placed in a lin
ing between the Inner wall and tbe book
case. Fusible solder seals these vessels, and,
when subjected to a fire, tbe solder melts
prior to the boiling of tbe water. The beat
"fills tbe various chambers containing tho
water with steam ; tbls steam, as It becomes
dense, meets the caloric coming In from the
safe's sides, expands, and pastes out at the
cracks about tho door.
We notice that a trial, In San Francisco,
was made of several safes, of which the
Chronicle thus speaks:
"Yesterday was what may be termed a
warm day for at least three safes in this city.
At a quarter to 6 o'clock, yesterday morn
Inir. three safes were surrounded with wood
and the match nf the Incendiary applied. Tbe
safes in tbe flames were of tbe following
msKe: liuon cc .iicrananu, notion; o. iil
tredce. San Frauclsco. and tbe Sanborn Pa
tent Steam Safe, of New York. Tbe safes
met with the following results: At 11 o'clock,
tbe Kittredge safe began to show signs of
inward destruction. Smoke was seen issuing
from the cracks about tbo door, and it was
evident that Its contents were being con
sumed. No more wood was, therefore, plied
around this safe. The Tilton rfc MrFarland
safe was the next to show signs of Inward
decay. At noon, smoke was plainly risible,
issnlnc from its crevices. It was allowed to
keep Its place in the flames with the Sanborn
safe till 2 o'clock, when tbe hose was brought
tn play upon the burning mass, and the fire
"Tbe work of opening the safes was ac
complished as soon as circumstances would
permit. The first safe opened was the Kit
tredge. Its contents presented the appear
ance of a black mass of cinders and ashes.
Next, the door of the Tilton A MrFarland
safe was burst open, and its interior presented
a similar appaerance to its predecessor. Tbe
Sunford Patent Steam Sale was now pried
open, ana us interior presenteu quite a con
trast to those of tbe other two. Books and
cards wctc drawn" forth uninjured. The car
pet on its floor was unsinged, and its entire
wood-work was In as complete a state of
preservation as If It had been-stowed away In
a storehouse, and not subjected to an eight
"The scene of this trial test was witnessed
throughout the day by hundreds of onr citi
zens. The extreme beat prevented many
from ventnrlng near the burning mass. As
tbe time for opening the safes drew nigh tbe
crowd Increased, and Immediately after the
bnsrtlniropeu of tbe first door a general rush
was made to see the resnlt. A couple of po
licemen who were present were utterly un
able to stem tbe crowd of rnrions ones.
Some came down tbe Inclined Diane on tbe
nrrow board pathway, while others tumbled
over the embankment. Tbe general reeling
of the crowd, as tbey stood amid tbe water
and ashes view Ing tbe ssfes, was well ex
pressed ny a country gentlemsn who stood
with eyes open viewing the debris and ex
claimed : " That 'ere safe Is a buster."
General McMadox ahd the Paraquat.
ah Imbkoglio. A dispatch dated Washing
ton, November 5th, says: "General McMa
bon was before the House Sob-Committee
on Foreign Affairs yceterdsr and rare his
story of the causes of th Parairnayan war.
lie saia it was lnsuiuiea oy lira II I to extend
monarchy and slavery. He himself was well
treated by Lopez, who was favorably dis
posed toward tbe United States. The Rllaa
and Mastetman difficulty bad been settled
neiore ne arnrea in raraeusy. iastermao
was an English subject, and be would not.
bare felt at liberty to interfere In his case.
His conduct as Minister bad been Indorsed
by tbe State Deparment,
The most remarkable railroad in Oermanr
and Europe is the new BIsek Forest Road.
III V- t.i m '
wuica win ue cuiapicieu wuoin lour years.
Between Hornberzh and St. Oeortre. aitnated
2.870 feet abore tbe lerel of tbe sea, sad bet
four miles distant from Horobergk, the rail
road ascends nearly 2,000 feet, and passes
through 27,000 feet of tunnels. Eleven thou
sand feet of tbe latter bar been completed
during the last two years. Tbe.truly Cyclo
pean work on tho road br progressing rapidly,
and attracting thousands of rliitors. who fioek
together from all parts of Southern Germany
Mavesxal photographs bar become on it.
fashionable at Paris lately. In windows,
where such things are exhibited, may be seta,
at Ibis time, portraits of the Date-bastes of
Madrid and de Mouchr. and tbe JiarekIoae
of Oalliffet, each one with a babe on herkneei.
The most enterprising photograpbsri keep a
wavj vh uanuaa s pars oi toeir see-aery.
i.vst stujuvflcn juis nest, BM JISSM
by the author of "Tbe Girl He Married,"
"Strings of Barley-sugar," a sequel to " Rose
of Sand ;" ' Downy a a Deooy-Dock." a
elusion of "Simple as a Dove," aad '.SoaWd,
Black-beetles," by the wftor of "Barat SssU.
, i i .jiii.ifrwi