Newspaper Page Text
f i -f'TO "'' ;llr lljl i.
14. V 11 44 It 41- VIMVV
rcBUsnED , :
Every "Wednesday Morning, , .
AT SZX J)OZLAI?S PER AXXim
For-elcn fialocrlbm, K.OO to 810X0. j (
OmoB Ob Queen Street, in the old
HOOK AND .TOUT
PRINTIlte E TBLISHMEJf T.
, , . , , . , ,
THIS OFFICE IS NOW PREPARED
TO EXECUTE ALL. ORDERS
For Plaip and Fancy Printing,
WITIT NEA TKE3Sk DISPATCH.
Heac IHiWing, Honolulu, JL L
. $6.bo feu Tn&&
y.HHia at pes 0 'SL Ritlee, at the Govcra
mjir T Isfllai.'TrT-n. t whom aS kosines comnianlat-
VOL. VI-NO. 7.
HONOLULU, WEDNESDAY, MAKCH 2, 1870.
mmm. t mmm
! J. ft- ITHtXTS.
TTME3XS. GEKEEJLL KZECHAKTS, AUD
?Sa, WOs . H tfe Seamen's Chspel
r MHs. Mai.
JTTif cn MaaSaSsasi.Osi and other fursr
fill ! m WSMll Hfl fcat. 1.91,
3a lssas II'Miiwi.
JW. atsassaH O !" PMKBr Mrdieinrs,
r 4 TWiin r-eMac jiHNwmm,
ttmii' L.u iirn nrnT.rx is boots. SHOES.
TTi fillip riUl'Mlt I-enaSMry, carper
- MmTtt. MawaHaa a Co. Ortmin.it nil.
loir' i3R niiii r" sb FMrmeat f Gos-i th
A. C BCFriJJI, "SI.
POET yHTSTCIAS. ASD STjiGEdll'. '
- - IB Tot SUML IlMalalo. first
8 H TwTllMII I aillSlj
aa Wa, M j-rofeMlonaHy enraged.
XKP8ETEES Aim' .DEAIXES. IK HARDWARE,
nn i an Stas. Ms, aw ea. jir
I i - -- IUkc Stmt, AkMi. lt-I r(
IIUOYTTV .V CO.,
HP82TEES AKD "WHOLESALE 'DEALERS
MJV'S bass as, Ata, Vanrr. ic Merchant, Urt
y jUM, ft. G.VlLhEB
ABCaeXEEESASD COKKISSIOS KEECHAHTS,
JQ Hassa SSseeV Boanlela, IL 1. !)
II. IUCKFCI.D .V- CO.,
GXKEEAL COUKISSION AGENTS.
ED. HOFFSGHLAEGER & CO.,
TXPfiEXEES AKD COSUUSSION MERCHANTS,
1 JUasSaltl. Oak, II. I. lljs
3iiiiuuoiii: c iiuucit,
LZZPSETZE AKD COXmSSlOS MERCHANT.
Mf H.aiAuitt, Oaaa; il. L fir' I
r. a. xciiAi:ri:u fc co.,
I HatMleta, Oabu, IL I.
C XL. UVW. J. G. DICKSOX.
XBWEKS Jt DICKSO.A, .
1KF0S3XES AKD DEALEES IN LUMBER,
JOIIA S. .McCHLW, .tl. I.,
PHTSICIAK AKD SUBGEOK,
taS. C Xrflist. Ffctt Sff oita. 0Se bonra,
Jfiftft tT A m.. ud from Timt toFlTe r. M.
Mwra douio mna fori
AI1EH & CHILLI1IGW0RTH,
flk Wfcirifci prf. wtifaifa arr fi7iftrMl to lurnMi the
JmtjlJiilitnit Runikar liUI.S'-al rock tLT Rt
EW an i it tMMum lermt. Firewood lwnj- on
JOHA T. 1VA.TEKIIO USE.
JXPOETEE AKD DEAIXB IK GENERAL
: Qm frrMtJitunuiIa, IL I. Iy5
, .r. ju giu:ex,
GENERAL COKJUSSION AGENT AND BEOKEE,
! Il Jii W SaMtage en Qaeco Su, Ueooinln, II. L
C X. TECHB H. MACFAHLAXE.
CIIAS. SIEACEIt "it CO.,
GENERAL COMMISSION MERCHANTS,
3H Q w Street, llojotulo. ll.'L
.1IcCJL.VA .V. JOIEVSO.-V,
rt t-. Mptla, rCToriu T. C HtuckV ljS
C E. WIEEIAMS,
KAX7FACIUEEE, IMPORTER AKD DEALER
IiFiwI'ii iwj ft-yripfui. Furnitcrw rnre-IUionii tn
(om. n iin (Wi rbutuii GHerr. Work-
mmm t uie im cum wi tlotoi sunt, iMMir.l-ort.
prvo.Uj mttvodvd ta. Xf
BOOT AKD SEOE MAKER,
KC5""!, wil s the IMheL Hooolalo. 1 j6
31. T. DO.WKLL,
CAEINET If AKFR AKD TOHOLSTEEER
Okkc il I 1. Ui1l, M"tt Leria' Oioer Shop. Will
A) Vbj ut xiBd-hasd Fcrnitare. (ljO
XII IIO. II. JAYIES,
ftdltE Jaxws, Guis X Co.
IMPORTER AND COMMISSION MERCHANT,
ay a&ext m
Unfa aat tW UmMl Caienrriten.
a Hratpi MattM Iwsiuce Company, and
t WOfUJ. 3-1 J
IMPORTERS AKD WHOLESALE DEALERS
-taHutlemmMrOottlBe, Ilatar Cp, Uoot,-Sa6e,-lta
"'J aej aC CeotleBMii'a Ituuhing GooiU. Snow's
- - al. a.' C. ALLEX.
KHTPfESG AKD COMMISSION MEE CHANTS,
! e)nrii trcrlr Houalnln. II. 1. f jy
I. I- XOItUEKT.
DEALER IK LUMBER AKD EVERY KIND OF
BUILDING .MATERIAL " . .
IS 6mo-Oarner Qsera and fort Iraela. Iji
HOLX.ES &. CO.,
SEEP CHANDLERS & COMMISSION MERCHANTS
QamstiM, HaaaMs. rarticslar attention paid to (he
J ail mul aa C ilawaDan Jodeca.
ttrtaa BT raxxxanojr TO
(tie a Uwap.
GROCER ABD . SHIP CHANDLER,
mat JLaoraita funiMied to gk!r en the moat farof
aUa term. ijS -
Com Titling, Merchant ud General Agent,
IVW at Traa aad aW Chinesr and Fortlrn Gooda,
-atfafaa,lNr la Uawaliaa ProAfe, and Arant lor the
Taatua isd JjaasnSn EEgar riaatationa. rirVtiroof
faareaai Ncsaan ftreet, belcv Kit Sl-If
TURNPIKE STORE CHOICE GROCERIES
U Conxr of Xanana A rrisce StreeU flM?
Itj " "; ira. 'Hawaii. ,y " .
3ICKSOX Ac BOLSTER,
House, Sign raidShip Painters,
So. 76 10 rt Street.
OlSai'XaTMriir.'ohding, CaWnisInc, Paper;
haaEisic Alu, eXKntedon thaaborUat notice,
:i $ ukMESS 1ST OTICES?
11 ; -DEKTIST, '
i Office, Cor. Fort & Hotel Streets.
X. C. dlALLAHEL. V. A. DLCVE.
CIIALLAIEL-Jc CO., j
IMPORTERS AKD ' DEALERS" " IN 'WINES,
Spirit, Alex, Ax., So. S, Nuuanu Street, oppoaUaUercluint
Street, Honolulu. 12-1)5
Ull y , A. S. t'LECHOKS, T
WHOLESALE AND RETAIL DEALER ' IN
' GENERAL MERCHANDISE,
Fire-proof Store, corner of Qoeen and fwaahumanu Streets.
Hetall KaUhlUhtuenti, on Knnann Street, and pn the cor ner
ol'Fort and fleltl Street, , ' ' : 14-JjJ
iniuu feck. '' n. a. r. caktze
c. uitKivi:u &. co.,
, ,; jj , , EHIPPIKG AND )
IIONOLDLTJ, II. I. ' 4.
ACiE.VTS Or tile Boston and Iliinolnln Packet
, gillie- , ' '
ACEXTS-For the SInkee, IVolluku and Ilsina
AGEJiTS-Fnr tlie Pnrctaaae and bale of Ialand
B-r.Eni.EI13. St A,,JAEGElt.
It. F. EII17EIES Ac CO.;
DEALERS IN DEY GOODS AND GENERAL
' i . MERCHANDISE, ''..!''
Fire-proof Store on Fort Street, atmrv Odd Fellows Hall. ST-ljr
E. A. SCIIAErEIi,
AGEXT for tle 11IIK.HI3N BOARD of
ESDEUWJIITPHS. , t
Atforthnrl'len,Iioanlof Underritersr (
Aeent for the Vienna Hoard of Underwriters. i
7-J . . . Pt
C. S. IJAKTOIV,
AUCTION EER; '
Salesroom on Queen Street, one door from Eaahnmanu
31. S. GKIjVKAUJAcjCO., .,
' IMPORTEBS AND' WHOLESALE DEALERS
In Fashionable ClotbinK, Hats, Caps, Boots, Shoea,and
erery tanety of Gentlemen's superior Furnlshlnf; Goods.
Store In Makee'l lileck. Queen street, -Honolulu, II. I.
iQ-J , , , . , ,,PT,
AJPOrVG at ACIIUCK. ,
Importers, Wholesale and Retail Dealers in
And China Ooods, In theFire-proof Store on Nunan? Street,
under the ruMicIIall.' ' . . ' ' ! ! ' . Wlty
' ' .JO II IV II. PATY,
Notary Public and Commissioner of Deeds
For the State of California. Office at the Bank ofBishop
a CovjKaahitnianu Street, nppuln1. .'' .' '' :'J2-ly5
G. IV. KORTOT,
COOPER AND GATJGER,
At the New Stand, on' the Esplanade. i
ITf Is r-repnrcd to attend to all work in bis line at the Shop
next to 'the Cnitom ITone, where he can be found at all
work. tie hours. He has on hand and for sale. Oil Casks
and Uarrels of different sizeA, new and old, which he will,
sell at the Terr Lowest Market Kates All work done in a
thorough inanner and warmntcyt to ;rrntMLtUf4ctioi. 111
kinds of Cotrperinc Materials antfToofs'foT sale. 'VSid
JP. Iff. fc dm SKGELKIi.
TIN, ZINC AND COPPER. SMITHS, AND
SHEET IE 01T WORKER 5,
Kuuanu Street, between Merchant and Queen.
1 Have constantly on hand. Store, lije, Gal-ranlzed
(4s. Iron lfpe, l'laln and Hose ltibbs,Sloi-cock(i, Indla
feet, with CDonliort and MM cotiinUte. ilath-Tnbs.
'Tl'JH and also a very larco stock of Tinware of eTerT- de-
lartlcnlar attention given to Shlp-"Vork. Orderc from the
other Inlands will be carefolly attended to.
Thankfot to the- Citlieos of Honolnlu and the Islands
penerally ft.r their liberal patronage in thejKut, we hope by
strict attention to business to merit the same for the future.
COOPER AND GAUGER,
At the Old Stand, corner King and Bethel Streets.
A Largfj Stock tf Oil Ehpoki anil ja kinds of Coopering
Materials constantly an band. lie hopes by attention'to
business to merit a continuance of the tatnnage which he
has heretofore enjoyed, aud for which lie now returns his
J. h. -mioirirso:',
Queen Street, Honolulu,
Has constantly on hand and Tor sale at the Lowest Market
rricea, a pood assortment tf the Best Benned Bar Iron, and
the Best BUcktnutli's Coal. 3S-ly6
J50. SOU. 'SAU LSOTT.
.lOlIVIVOX fc CO.,;
COPPER AND TIN SMITHS,
Kaahnmann Street one door ahove Flitner's,
Beg leave to Inromi the public that they are ire aired to
furniahall kinds of Copper Work, such as Stills, tetrile Pans,
Sorchnai Taas. Wonni, Innip. .etc. Also inland, a full
assortiuent of Tin Ware, which they offer for sa le at tho-Low.
est Market Trices.
AU'klnds of Repairing done with Neatness aud Dispatch.
Orders from the other Islands will meet with prompt atten
GEOItGE VV1EI.1A3IS, '
LICENSED SHIPPING AGENT,
Office on James Eohinson & Co's Wharf,
Coutinues the bnsiness on his old plan of 'settling with
officers and 'seamen immediately on their shipping at his
office, -Uariug no direct or indirect connection with any out
fitting establihn)ent, and allowing no debts to be collected
In his office, he hopes tocire as rood satisfaction In tha fn-
-ture as he has In the past. ijm
HOUSE AKD SHIP PLUMBEB,
King Street, next to the Seamen's Bethel.
Has on hand, Bath-Tubs, Water-Closets, Wash-Baslns,
Force and Lift Tumps, Lead and Galtanlted Iron Tipes,
and number's Brass-work. Bcingtboouly rinuitierinthe
city, ha will riecute all Ainlerr entrusted to himiin'a wurk
manlike manner. l-Ara
WAGON AND CARRIAGE BUILDER,
70 King Street, Honolulu.
Repairing done with, care and neat- na . .
Tness. -Alao, particaku-attention giren
to Blacksmitblnir and llorse-shneinc ClAB
Orders( from the other Islands promptly executed. 4o-lyG
3Ut. J. COSTA,
JEWELER .AND, .ENGRAVER, .,
Fort Street, opposite Odd Fellows' Hall '
Is prepared to execute with promrlnets, all work in his line
of business, such as Watch and dock repairing, Mannfactur
Improvement is the Order of the Day.
WW mauc ariouB uiuer improve menu x nope
now to be able to suit the most fastidious Kith
VI 'AyPhotosrnpltfcJr ariy'SIrcV -
From a Crrttal to a Mammntb. t-n ;n Ti-.t
Style f rt, and,on tie most reason abletcrms.
aicu. .or caie. news oi me iBiancU, lortraiu of
the Kings. Queens, and other Notables.
GZ VJ J - : - c- Qhas, j
SOLE & SADDLE LEATrTRT?..
Aannea ixoai ana sneep SMns,
'OXSTASTliT OX HAND and rar" Sale,
W A- &. CLEG HORN, Agent. t
it. jr. Donsin,
AND INSURANCE AGENT,
41 and 42 Merchant's 'Exchanrre. California Street. San
J8J Frandeco, Caldbrnla. llye
Messrs. Brown I CS.'.. .......San Tranrisco.
Messrs. C Adolpbe Low t Co....,. .........San .Francisco.
Mesrs. Holladsy A-"Brenham ....San Francisco.
Messrs. II. Haclfeld A Co... .... ,, ... Uonolnlu:
LEON X. MET EX 8. J1HIS K. SUKE,
I.EOA Ii. JIEYERS & CO.,
IMPORTERS k MANUTACTUEEUS OF ITALIAN
AND AMERICAN MARBLES.
Slantels, Grates, Monuments. Head Stones, Tombs, WasV
staud, tsureau and uiunur Jojie, liiuiaru lieas, j ire jincju;
Plaster. Ac. Ac. 830 Market Street, opposite Catholic Church.
San Francisco. CaL SMy.6
n. B. WTLLIaMS, H. P. &La5CnixHt C. B. HOBOAX.
WILLIAMS. BLANCHARD & CO..
SHIPPING AND COMMISSION MERCHANTS,
4c No: 213 California Street, San Francisco. S
n. IT. SETEEINCE. C, E. CI.AEK
SEVERANCE, CLARK & CO.,
AND SHIPPING AGENTS,
405 Front Street, corner of Clay, San Francisco.
We will attend to the sale of Sugar and all Lindof Island
lTodnce, also to 'the -purcbasing ana rorwnrdlng oi 3ler
chandise. Cash Adrancea made on Consignments. . . 31
J. C. VEXEIIX
M!CRAKEN, MERRILL & CO.,
Harlng been engaged In onr present business1 for upwards
or tweue years, avi iwing locateu in aire-prooi urir Kiimia
dine, we are nrerared to receive anddUpoe if tslah'd StAnles,
nchaancar. Syrun,Kic,rulu, CofiVc, etc.. W ndvanfare.
Consignments especially solicited for the Oregon Market, t"
which jersonai attention will ie parti.! and upon wnleu cash
advances win ue maae wiien retiuirr.
EEFEBECtS ' ' '
Charles IV Brooks. .-,....,... ,.Saa JrancUco
J C Merrill a Co "
Fredlken.u ' '
lladrera Ltndenbercer.... '
James lltrickl Co;..i... .J. . i'l.Ifli- M ' '
Wm TColeman Co. rE.tf 1
lteTensBakerCo..... .....LT:i??....7.J " '
Allen k Ieis......,....t Portland
LaddaTUtoii ' ' " -
lyeonard Green r.r.. l-ljB
K. 31. TAT RI2i:i,
Ilarinc the benl facilities thrpuch an Intimate connection
with the Japanette trade for the past eight years', is prepared
to transact any business .entrusted to his care, with dispatch.
LANGLEY, CEOWLL & CO.,
32 Cor. Battery & Clay Sts.SanFrancisco. ni
San tome Streef, Sau Francisco. '
Extending from Sacramento Street, to llalleek Street.
"AVI KG UEErV HBCElVTtY Renorntecl
JLB. and newly Furnished, makes it the miwt quiet, ecpnor
infeal and comfortable FAMILY HOTEL In the State. Bela
centrally luotil, it infers erery f ndueeipent fpr UusIueM Men
anu ine l'nunc generally.
The Tables willJf constantly supplied with every luxury
the market affords. .The American Kxchange Coach, with
Ited Llgbtr, will te at the Unarres and Deiott to conrey
paflsencera to the Hotel tree.
7-lyS TIMOT11T1 a AXIQ EltT, Vt .
BOAED OF UNDEltWBITERS.
nIIK TJaVDEIISIGA'ED Iinvinc been np-
JL pointed-Apentafar the San FraniKco Hoard of Under-1
writers, comprising iiie
California Insurance Compnny,
Mcrrlianfs'Mutnal Marine Ins; Co.- ' 1
Pnciflc Insurance Company, ., t
California Lloyd's, and
Home Mutual Insurance Company
Beg leare to Inform Masters of Vessels' and the public pene
rallV, that all loA&es of TenwU and Cargis. fnrjred by either
of the above Comivanieo. acainst tWrfls of the seas and
other risks, at or near tbo Sandwich Islands will hare to
be verified by them.
i-Sm II. HACKFELD k CO.
TIIK UKUEUSICAED, AGEKTS OF THE
above Cotnpnhy, hae been nnthorized to Insure risks
oq Cargo, Freight and Treasure, from Honolulu
to all porta of the world, andrico versa.
IMj II. HACKFELD A CO.
nrUIE VAIiEUSIGKED, AGEKTS of the
JL aboTe Company, have Ireen authorized to insure risks
on Cargo, Freight and Treasure, by Consters,
from Honolulu to All ports of the HuwaiUu Group, and Tlce
S-ljS II. HACKFELD t CO.
IMPERIAL FIRE INSURANCE CO.
Of London.-EsUblifhed A. D. 1803.
CASH capitaL,.ss,ooo,ooo lu gold.
rjlHE UNDERSIGNED HAVING been appointed age
'JL"'uf'tb above Company for the Hawaiian Islands,
prepared to Injure against Fire on Jirick, Stone and Wooden
jiuiiaings, ana on jiercnana.?, on me mo&. uroraoie terms.
For ttarticulars. apply at the office of r
5-lj 5 WAtKEK & ALLEN.
MARINE INSUEANCE COMPANY
Of San Francisco.
THE T7KDERSIGKED having teen ap
pointed Agents for the above Company, are prepared
to Issue Policies on Cargoes, Freights and Treas
ure. WALKEK A ALLEN,
1-Sm Agents, Uonoluln.
FIEE INSUEANCE COMPANY.
THE VKBEUSIGKED having been ap
jiointed Agents of th"bot Company, are prepared
to Insure risks against FIreron Stone and llriclc llutld
lnca. and on Merchandlae ulnred therein. unlM
most favorable terms.' For particulars apply at the ofEceof
MyS F. A. SCHAEFEK CC.
THE AGENT FOIl THE BRITISH For
eign Mariae Insurance Com nan t. Limited., haa j-e-
ceived instructions to reduce the rate oi Insurance
between Honolulu and l'orts In the PaclGc, and Is nowj)re.
pared to-inue Policies -at the Zaicest Raits t with a special
reductitjojpn Freifiitper Steamers.-'
4-tf JgmtJiriL Ibr. Mar. Jus. Ob. (Limited)
Corner Hotel and Fort Street..
HUGHES fc DllIVIVE
19 Ilarinc lately renoratcd and1 rer.rnished the i
3 above well-known place of entertainment, wdnld ?
respectfully Inform the puhlie that tney hare on band and
will keep nothing hut the best of Liquors, Wines, Ale, Ac,
at their Bar f38-2m
CRATER OF KLLAOEA, HAWAII.
OTf TlflS ESTABLTSnjIEXT IS SOW
ti 'open for the reception oTvlsilors t the Volcano Jg?
Uonse, wlicmay rtif on' findinpeomfurtable rooms, a good
table, and prompt attendance. xperienec4 gnidea for the
sjnuec always un, xiana.
STEAM . AND BULPHUE BATHS !
' Horsei Grained aid SUblcd if Desired.
' ' CHARGES UEASOJTABI.B.
Fartiea Tisitlnz th Volcano .Tlx HDO-cannrorttreanlmal.
warranted to make the Journey, by B. VL, lincncoCE, Esq.
SUGAlt. & JMQLA5S15S.
H. HACKFELD & CO., .
ZOOAL AdEXTS Oft
The San Francisco and Pacific
oil " SPGAB COMPANYi , ' 3m
Sugar and Molasses,
rrjVROit TIIEKOLOA PL,AJfTATIOX.. Crop
Jj of 1870, forialeby i
42-3m v . H. HACKFELD A CO.-
Sugar audi Molasses,-
rOM, THE EAST 2IAOI W.AKTATIOX.
Crop of 18(0, fortIe bj
5J.3m ' 11. HACKFELD A CO.
i-t !.Sugar- and Molasses,
TTiaOJI THE X1I1LH P1.AXTATIOX. Crop
JJ of ,1870, .for sale by
52.41n "- n. HACKFELD i CO
. Sugar and Molasses,
-TJIKOM. THE 1IOBROX PX.AKTATION,
Jj Crop of 1870,orsaleby
S2m " 11. iLACKFELD A CO.
. , Sngar anl Molasses,. ,
ER03I THE JJIQNEEIt HILLS, l.ahalna.
' 'Crop of 1S70, for tsJe by
U. HACKFELD A CO-
Sugar and Molasses,
T71RO?l,, -THE,, IVAIHEE PLASTATIOX,
JL? Crop of 1870, jor f a'.e by
cn ii it I i-rr tc" r r, a- pn
ils HACKFELD A CO.
Sugar and Molasses,
TROM THE I1KEIA PX-ASTATipaff Crop
JL? of. I87D, fortaleby - .
. 52-3m H. HACKFELD A CO.
Sugar and Molasses,
I' JlitOM THE SIETCA1.P ' PLANTATION.
w Crop of 1870) foreale by
52-3m. II. HACKFELD A CO.
l i$8 : HII.O, H. I. . rQl
Sugar and MolaEses,
UOr7 NOW C031INC IN, nntl for gale
in quantities to fun pMrchaJersi by
1.3mi.. ' WALKER A ALLEN,. Agents.
Siimr nntl 3roIu.C!. Croi"lS70
Sowing in, fob sale in .quantities
J to 6uit pnrcuasers, by
l-3m ' ,! ' TTALKER A ALLEN, Agent?.
.Supixr and .1IoIahiCri Crop ,,Ig70
-OiUNG tn, rnu rat.f. tn .quantities
V to suit purchasers, by
l-3m - WALKEK A'siLLEN, Agents,
t IVe Crop of Snnr Sc. 3IoInHc
jW fiOMING ys, AN.D FOR SALE IN QUAN
JM tities-t4'suit"purcbaFCrs by ' ' '
l-3m C. DREWEIl A CO., Agents.
ETf CROP NOW COMING IN. FOR SALE
in.,auahtities to. suit purcbasers, by
l-3m.,, . C. BREWER ,A CO., Agents.
Vacuiom Pan for Sale ! 1
ONE CAST IKON -..Vacuum Pan, 5 feet,
4 nches in diameter, with CopperAVorm, Steam
Engine; double acting Afr1 Pomps, Ac. complete.
For sale by
52-tf , H. HACKFELD A CO.
DRUGS & MED110NES.
IS THIS SO?
Souud Health to be Obtained at Last!
The Way to Obtain Sound Health!
ITU'liST1 CLEfANSE lllc Stomach from all
? offenslreaccnmnladons, which so nsoaily produco fnnc
tional derangement, vitiating the fund.
ejeeoitdPlirlrr the Ulood 'fiom all acrid and corrnpt
hninors, and you will remore the cansos of the ejeatest mass
of the diseases which afflict so many of the Human Tamily.
A J&K-9IEDY, proved. by tUrty years experianoe, oa
pable of efieclln? snrh a desirable and important purpose,
is still before the pnhlir id
VEGETABLE PUBIFYING PILLS.
This Famous Medicine has proved Its value in Diseases Of
the HEAD, CIIKST, l)QVi;LS. UYKR, an.l DIGESTIVE
OKOANS, KID.NEtS, Ac. ' Also, in KIIEDilATISM, UL
CKKS. StJRKt, nnd SKIN UREASES it beJnr. A DIRECT
1'UltIFrER OF THE BLOOD aud other fluids of the human
See Handbill. Glycn Away by Agent..
Prepared aud sold, wholesale and retail, in boxes, price
7J1, Is, 1J4L and 2. 9d. each, hy G. WnELPTOS SON",
So. 3 Oraoe Court, fleet trect, Iindon, and. may Xi had of
Sir. J. T. WATEltllOUSE, Uonolnlu, aud cf all Chemists
and Medicine Vendors in Great Britain and the Colonies.
The undersigned has he&rd So much in praise oi WIlELl
TOS'S SAFE VEGETABLE PILLS from parties who. hat.
used them, that he can recommendtheni with perfect cun
Accnce. , ...
y& , JOHN THOMAS WATEEHOUSE.
" Florida Watpr of the Best Quality.
f BROWN'S TROCHES, HAMBURG TEA,
A Great Assortment of Esse .tial Oils,
Such s Oil of Rose, rill of Tlergamot, Ac., &c.
Glycerine, SyringeS'lnViriety, ' 1
Breast Pumps; Nursing Bottles,
Trusses, Ac., Cocoa Butter,
' White Wax, Spcrmacetif,
. - White Castile Soap,
Pain. Killer, Ac Ac.
For Sale at the Lowest Price., by"
32-f " H. L. CHASE.
Regular Packet for Kohala and Hilo.
Vm. BAUCOCIC, . . " . . Slaafer,
" Will run regularly betireen Honolulu and the abore
ports. ' Fof.ireight or passage apply to
SI CASTLE A COOKE, Agents.
For Kona andKau. Hawaii.
Schr. Active, 2jL
P. HEI.LISU, .'. . . . jr.ster,
' WULrud aa a regular patket to the abore ports.
For freight or passage apply to .
-3m "WALKER A ALLEN", Agents.
',( Regular Packet for Holokai.
BALLISTER, S' . . Master,
i Will riin a sa regular packet oetween Honolulu
and ,iIolokai, touching ,at, Kaonakakai -and .Pukxio.
For freight or'passage'apply" to' the Captain on
board or ft..'
gm, . , H. PRENDERG AST, Ageat.
'I'll c Great Siifjsir. Cote.
We onl.Vish below the vi-rv able and cxhansttrc
charpe oi .Judge llufftoan to tin! Jury Id the case of
tbc Untied states rs lL'.Mi mzs ut sugar a case
wMeD ercliea aiilTvrssi atleuiion. ana .embraced
questions of fact and. lap .of the highest Interest to
luc euiuiucrciai cuiiiiiiuuiiy:
Gentlanen of UirJuty. connsel for the Clai
mants lias brcsented iustractions. SO In number.
wltb the'rcqurst that I would (lire them to yon as
the law of this case. I hare not, according to the
ciaic practice, marKeu upon tnc margin oi cacu
"(ranted" pr ".tcfused," butlliey may tte.all trea
ted as refused, except 60 far as they are contained. In
what I am about to say.
I approach, gentlemen, the,discharj;cof my duty
in this case witfi a Sense of rvsponsibility, not only
because of tlie importance of theproceeding, bot
because, in trie, view i usa oi II, its aelcrmiuation
must depend hpon Ihe Instruction's glreu to you on
the" matter of law. I have been unable to discern
any matters of fact that arc seriously controverted,
and Upon which Ton are called noon to pass.
In the first place I desire to say that.nbethrr the
law on which this proceeding Is based be harsh or
just, is no concern of yours, nor Is the disposition
that Is to be wade. of the procetds In case of confis
cation, or 'whether the Collector or the Consul has
acted well or Hl.'or nlielncr toe quicere, nave jbeen
animated by a ripaclous spirit or simply by zeal to
detect fnind and WdUcliarye their duties. All these
consiacratiods arc Tvnony iprcigu. to tne purpose.
Aouare cuuco upon simply to ueciue vtuciuer cer
tain matters of fact, to which by-law. the cons'e'-
quenceof torieiturc of fhe goods, .is aUacbed, iave
been established" by tiroor. What then, is the law !
The section under wuichlhls lirustcution Isbrouriit
provides; "If any owner, cousfgnee orageutof any
goods, wares or merriiandise. shall kbowfilgTy iriaWe
qr attempt to make an. entry thereof hy means rjf
ny taise invoice, ur isisu ccrtiucaic oi any uonsui,
lce Uonsul or Uommerelai Agent.'.or oi any In
voice which shall not contain a true statement of
all the particulars herein before required, or by
means of any other false or fraudulent document or
paper, or of any oiherfalsetirfrauduleritpractlccor
appliance wuauocrcr, such goons, wares and mer
chandise or their value shall be forfeited.
you will perceive that the offense to which the
penalty of forfeiture Is attached Is the making or
merchandize "by mean" of any'lalse riocument o-
lalse practice or appliance.
What. then. Is-au entry ? The term entry In the
acts of Congress Is used In two senses. In man Of
tuc Acts it rulers io tne oni oi entry; tne paper or
declaration which the merchant or importer Iij'the
first Instance hands to the entry clerk. ' In other
stautu It If used to aenotc, uot a doenment. Due a
transaction; a series of acts which arc necessary, to
the end Io beaccompllshed, viz: the cntcringof the
goods. Io the latter sense it k) used in thU,stat,utc
The languagels "Irany owner or consignee shall
make or attempt to tauke an entryfby means of false
documents, false invoice or any other false or frau
dulent appliances." It Is the fraudulent use of
means in tne attainment pi an object or accompnsn
ingof'a mulf, to wifi the entry bf the foods',
which the statue heredenqnutes. Xh6-Acts which
accomplish this result, and which, taken together,
constitute an entry, Diust Jlitivc a beginning aud an
end. There is a moment lien thq entry s attcniu
't'ed to he madt'orbl'gnd. There fs a'momcut when
.it Is apcomplishcd. "The entry may be said to be
commenced or attempted when the merchant pre.
tents his declaration or bill of entry. When this
bill of entry has gone to the requisite clerks' desks,
rr heu accompanied by) tbecertlrleate;of the Consul,
the invoice and the oath, Jt is delivered to the Col
lector snd accepted by'blni.'thcit thi godds nfay. In
a iuat aeiiSH 1m- sntd tn lift ndmlftrri to entrr.nnu tin-
entry be accomplished. If In' t'h'e'p'erformiiiice of
anrpi those acts, nnu as a,roetns;oi.inaKtiiz tne.cur
try any false doenment pr fraudulent appliance or
. ( " f . i....., . I,.t. . I J
pruiuceis roiicu' lu lucii' iiia e-iuiuiu upjiiee niu
the goods so entered are forfeited tq hc Uplicd
. Whether, iu the course of (heprpceedings-ouo do
cument is used, ortwo or three ,arc used, cad make
tiA diffeivncei it Is'alsvinimalcHa whether' there
are one or two bills of entry indicating the-dispositions
which the importer desires to 'make of the
goods! as of sow to the wjreliouK.-. ana epme to
be withdrawn for consumption, or 'whether he takes
one oatli ortwo oaths. The entry -conMbU of the
series of acts required bylaws .to be done-to effect
that obket. and if hi tbe cohrid of them the minor-
lrr Unguilty of any I.Ish nr fraudulent praetieli, or
uses any laisauocumeiu wnaisoeTer, lie comes wnn
in the law.
It is urged In this case on the part of the Govern
ment that in making the entry thu merchant in
point of law, may he said to present bimseir to the
Collector with-his documents lu oue band, and his
goods in the other, audit the character oi tbe goods
themselves is fraudulently disguised, if any fulse ap
pliance Wltb respect to then! Is used, it may iustlv
be said he has effected his entry "by means" of
mat appnaueu. l lulnK, gentlemen, it wonld per
haps be straining the s'Mute to say that any false
practice Willr reference to the' goods themselves
could he said to be a "means" of making the en
try. He does not make his entry "by mcansbf
lust lalse practice or aisguise. isut be does make
his entry "by means" of any false document lie
may use or any false oath ho may lake, II "such do.
cumentor.oatli be requisite and,ne,cessary as a means
and condition precedent to the goods being admit
ted to entry. Therefore, if this, invoice, the oertN
ileate Of the Consul, ur the oath he lias taken, be
fried or fraudulent, then he has made Use of a frau
dulent means rjeccssary to effect )he v;ery qbject lie
had in view, to-wtt : toe procuring l.is goods to be
admitted to entry, , . . ,,. '
It Is alleged that the oath of Mr. DeRo was false.
It is not pretended that Mr. DeRo knew tbc facts of
the case, or was himself;-personallyclther morally
or legally, jCpljiabi iu any poinj qt ltw. ;But, the
know ledge of his principal is his knowledge for such
purposes, and that It mut be so is evident For
otherwise, any fraud uuld be perpetrated 'withim
punity by procuring an lunoccnt broker or ageqt,
through whom parties not innocent could effect
tbe entry of their goods. It is therefore not Hie in
nocence or guilty knowledge of the agent, Cut it is
tbe knowledge or the owner himself who has de
vised tlie frapd which curries wjthit the consequence
of condemnation. '
Treating, therefore, Mr. Delio's oath as if it were
made by the owner, it is claimed by tbe prosecution
that it fs false. He swears, gentlemen, that lie bas
not in this invoice or eutry concealed or suppressed
any fact whereby the rcU-nue of (he United States
might be defrauded.
It is argued, with the Ingenuity which has cliaiac-terize-i
counsel thronghout the whole case, that tbc
suppression pr concealment of any Lict which the
law does not call upon him to disclose is not wrong
ful, and that Inasmuch as, In this case, it wa, not
requisite mat in tbe entry or tuc invoice tue color
of the goods shall be stated, the suppression or con
cealment of the true color could not be an offence.
It is true, gentlemen, that the color of tbe sugars is
not required lo be stated In the invoice, but from
the nature of tbe oath that is required to betaken, it
appears to me plain tbat Congress intended by im
posing so searcning an oatn tuai inercsnouiu ue
disclosed at lie time, and not suppressed. or conceal
ed, any facts whether required to be staled In the
entry or invoice or not, which it .was important to
tho interest of the revenue to be known, or where
by -the revenue of tbe United States might be de
frauded. Had it been intended, that tbe importers
should merely swear thai the Invoice, bill of lading
aud "entry were true, the oath would hive been to
thsf effect and nothing more. Bat It goes further.
The importer Sw.-ars "'that the invoice and bill of
lading paw presented ,by me to tlie Collector ,ot
' ' are the true and only Invoice and bill of
lading by me received of tbe goods, etc., .thit the
entry now delivered by me contains a just and true
account of said Roods, etc., according to esld In
yolcusud blU of lading, and that nothiog has been,
on my part nor to my knowledge on the part 'of
any other person, concealed or suppressed, wbere
bv tbe United States msy be defrauded of any part
of the duty lawfully due on said goods, etc."-
It jppcars.tp me, that when Jhal oath was requir
ed by congress ii was lnienaeu to cover just sucu a
transaction as this, and that though tlicslalcmenls
of the invoice might be true; though it might con
tain all that the law required to be stated' therein,
yet, if from the nature of tbc transaction, by. any
fraudulent device or contrivance there was some
thing which, It concealed or.snpprcsscdi might fend
to defraud the revenue of tbc United States, it was
then: to be disclosed, and tbo suppression of and
failure to disclose tbat fact made tbe oath to tbat ex
tent a false oath, thus constituting it a false docu
ment and-appliance "by means" of which the .entry
It bos been argued, gentlemen, that It Is essential
that the Collector of tlie revenue shqnid be deceived.
Bur the ctlectupou the mind of the Collector of tbe
fraudulent appliances. f wholly immaterial; wheth
er or not be believed in tbc device or statement.
jwbcllierba was colluding with the party entering
me goods, or Knew, in advance mat a iraua was in
tended or was to be attempted f- wholly-Immaterial.
As Well might it be said of or-t -dieted for perjury
thaLthc magistrate before y, ik he had appeared,
and before whom be was required lo take Lis .oath,
did notbeilevc tbestor'r or knew he was swearinir
falsely. Such a defence could riot for a moment-be
admitted, aud tbe case is, nearly Identical with this.
The charge here Is, the production or use and em
ployment of a ialseand fraudulent means lo accom
plish a certain object. If tbe part) has used these
' ' . 1 - Ii n.l. -r I fT- . t. . t
aicaus, uc t. cjcanygumy ui iuv-vduisc, nuciim
the Collector knew of the- commission of tbe of
fence at tbc time It was" committed; of only dlscov-
red it afterwards. In. tber ;cvepilhe-talute-, op
erates, ,anu couuscaiion .ionows as a consequence
of the employment of tbo fraudulent rBeau to effect
an enirji.tuegooas. JNorppes- iurrnsracier,oi
the dovice, -whether flimsy or transparent, readily' or
'ithdiffldilty lo pa fetecUd, jroTlded;it befrandB-
lent, affect the question. Tbe degree of skill; In
genuity or cniimrg wttrr-whrehthe fraud Is contri
ved, can make no difference. Nor, gentlemen. Is It
true -es contended, that the forfeiture In lucb case
Is limited to the mere roods Iu relation to. which
such fraudulent practice Is Used. The language Of
tne statute is too explicit io aurouviasy uuuui.nq.io
Its meaning, "ii any owner or consignee oi any
goods, "wares 4nd mcrcandise. shall knowingly make
or attempt to make entry, thereof by means of any
laiaC 1IIIU1.C Ul llriUUIUUI, lli.llLi: DUkU JWU,
wnn.. .nil , lianl!sit cllfltl K. fnrfitrf-i
Wbat are the goodsnare'a'ahd roercbandIso that
snail belorfeltcd ? Plainly, the gocda entered or ati
tempted to be entered at the. Custom House. There
wair but one -entry; but' one Irivolee In! this rase.
Thu acts, done, taken together constitutes an entry
oi tlie goods; an entry of this whole tuvoicc or Im
portation sugar. If, lo the attempt to effect, that
object, fraudulent means hare besn used, the, goods
so entered are forfeited. It Is therefore the while
Injoice , that is forfeited or nothing, .
lr.tm. AXarth'&nA nrth.lil matlnr. tL'a annml-1.
gcnUemcoi to tbo morciserlous part of tho case and
the real merit oi tuc transaction, it wii strike you
as curibba that the Government should a'fffrm tliat
a practice bad been resorted to which is niorailr.and
legally fraudulent, and that thMpracticcor contft
varicej sbpuldr.-be, admitted to have been, pscd, and
suouia ce aeienuea anu jusjinca an legal ana. i be
lieve, moral smunds.' It Is not oncn inareounscr
of distinguished abiUty 1snd high character are so to
(alTyat Variahce'uporl wbral as well aslcEfll'qucB
tions; It becomes our duty, tlierefqre, to. .conafder
what is the true view to oe taken or this transac
tion.' - .
Ton arc aware that Congress ba3 established color
as a sianuara oi uuiy, or tuesiaiiuaru, ratucr, wucrc
hv Id determine thei duty oil suirar. It has been
stated to juu, and tbc fact is nut disputed, that, tbe
aaopuon oi tus moae ot usausaiug toe ouiieti, was
the result of very many experiments, and attempts
to establish Other bases or rules by' which to determine-
tbe amount of duties to be placed On lbla
species of merchandise.
- Mrl Bridge Inlornit us tbat ho thinks itlils stand'
aril is, upon ine wuoie, me nest anu most satlsiac-
torv ever aaoptea. ana sucu seems io .oeme lact.
W'hat, then tvps.jthc mo(lve,of,,CiongTCSs in adopt
ing the standard of color? It Is plain, gentlemen,
ihatesceut so far as protcctionjis xoncerueil. color
could- only be, rationally adopted a indicative, of
vaine noi as lnvanaoiy inuicaung n, oui nsgener'
ally doing so. uuq as .auraing, upon jU9lwuoic,
the best, most convenient, and 'moist Appreciable
test of the value and the quality at thu article
That it Is so in this case, has been established by
the? witnesses: for1. (h6usrh'tbej 'stalcthat fcolorls
not the sole criterion pf Tahje, and thai thcraare,
lliucr consiuemiiuus ui greak luipuriunce io ue
borne, in mind, yet lbey all admit tbat color Is i
yery Important circumstance to be regarded in de
termining' the "valua' or quality of sugar." It lias
been shown tbat susrar in its pure state; is colorless.
add it would seem to follow tbat tbc degree or
aepiu'ot a coior wmcu a particular article oi jawr
sugar possesses mnsi.vary witu tne amount oi tm
p'urltieslt contains i and the amount of Impurities
contained must have -a very important effect ou tba
value of the mass. It Is said that there can be-no
such.biug,as disguise. ii co)or, that color uddrcsses
Itself to' the senses, that that which appear! to be
of n certain hue is of that line, and ther is no Uffer
ence between a real and on apparent color.
"'The languago of tbe'actS of Congress In 'relati6h to.
the tariBis used in a eommoroml and popular, sens.,
It is addressed to practical men of business, and in
tended to govern tucra in tne- dally anatrr or me.
There is same plausibility updoultplly in the asser
tion. that there is n6 distinction between real and ap
parent color i tbst nlnia an ubject ii -presented to the'
eye and produces a certain effeot, upon the pptic perre
tue eucct so proauceu consulates, iu ail lnienis nnu
purposes, its coluTi Dull let us consider. ItisailuuV
ted that if the Government lyefe to impose m duty ao-t
cording to-tne-poior oi a norso, you eouia noi wnite
wash biul and to change. hU color within tho pieiiling
of the law ; or if Congress should Impose a high duty
u'pun rosoivpod jogs of a certain color, 7011 could ndt
by staining their surface giye t the logs a, darker r
lictiter hit In order fo evade 'the duty. To this It has
been Shsnetcd that, a horse ft a log ofrosanoou; hai;
natural color, which may be disguued but cannot bo
alterodi But this admits tbat there may lirau aipa
rent color disguising the true color.
But it 3s eaid'that' adgar hiis1 no' natural color, Lilt
only sit aJtificialcoIor'thit,it,huq,iS the result of its
manufacture ; that it depends upon the mode ip which
tb manufacture has bcn conducted; and upon thCln
giedicnts that arc put into or removed from the sugar,
and therefore It cannot be said to lave 'a natural color
like a bqrso or a. loir of wood. Let ut seet Suppose
wines were valued by their clearness and lightness of
color, aim auppoeu lucirnciv a urug luat nuniu give
tu the light-colored nine a murky, clouded appearsnce,
without, however, injuring tbe wine: and that after
passing through the Custum-house, tbe wino could bo
restored to its former clearness by tbe addition of an
other ingredient 'which would precipitate tne' cbforihg
matter ; could it be aid tbat such a practice would be
lawful? Do wo not feel that tbe Introduction of the
firel'drue; br which there was1 imparted' tl the wine' a
coior diflerent from its real color would be a fraudu.
ieuv attempt to uisguise auu conceal tue color 01 tue
article! True it is. that.lt woald hare 10 the eve W
dar color, but it. would not be tbo color legitimately.
resulting irnm tuo ordinary course 01 manufacture, to
which, ftha.beeii.iutjected, I have used this illas-.
tratioc, for the color of tbe wine like that of suirar
may, in a great degree, depend upon Its treatment or
nioae 01 manuiaciure.
What, then Is ''color" in regard to sugar as the
term is. used in the statute? It appears td mei gtntl..
men. that it is the hue or decree of li?htnns whinh
the scgar bas attained in the ordinary course of man
ufacture, and which indicates the degreo of perfection
to which the process of clarification has been carried.
Undoubtedly wbiletbe Sugar1, or while the cane-juice
rather, remains, in the manufacturer's hands, hqluiay
omit to take tbe impurities, or may put in impurities
if ho so desires, for as yet it has ndt become sugar.
Tbe hue of the sugar, that is the result of his opera
tions, will be determined by the degree to which he
has abstracted the impurities or foreign substances
from it, or the amount of such furcign substances as
he maynavelnnoccntlyTntrodoecdintoii; But w'beh
it has passed out of his hands to tbe importer Or the
proposed importer, or the merchant, then the hue it
has acquired is tbe "color" that Congress had refer-
eucotowhen it established color as tbe standard of
clarification. If, then, "by tbe admixture of some for
eign and totally different substance, meh. as caramel,
or, as in ibis case, charcoal, this color bq changed,.
the color so acquired eaanoi be considered tne color
to which Congress referred as n standard for assessing
the duties. It is contended here tbat tbe color baa
been really altered, 'dot disguised, that tbe mass ift of
a color below No, 12 Dutch standard pf color ; that is,
that the sugar really possesses the color 'which you
see in that bottle, Is this strictly true? I observe
that the lumps of any considerable size, upon being
crushed, revealed the color of tbe sugar, as it was be
fore the admixture, find that, in fact, there was tonly
a slight coating of charcoal upon the surface of the
lumps, tbesugaxitielf being entirely unaltered, that
is, tbe sugar in tbe interior of the lumps. Can it
make any difference whether ibe lumps are smalt or
lajgoT Tbe-eye perceives in tbe larger -lumpit that
tbe charcoal only covers the surface, and that the
mass! of theingar in (he -Interior of the lump-is un
changed and is- of tbe original color. If onr vision
were more perfect we could perceive the same phenom
enon in' the small microscopic particles. It appeSrs
to me under such crcumstanees that the color of .the
shear cannot'. In any sense, be said to bav6 been
changed, but rather that it has been disguised.
One other observation will I think expose tbe true
titnreof this transaction. I ant not aware tbat the
obligations of pitixens to the Government are lees sol
emn or less imperative than those of onecitfzeqto an
other. Sdppose, gentlemen, tbat a eo'ntraebbad'b.en
made an the money paid down, by which one of you
agreed to deliver Sugar above No. 12 Dutch Standard
in eoor, and suppose tbat, as has been proved here,
it were possible to impart to sugar of a dark hne a
lighter appearance by putting Into it gypsnm Or chalk,
or some other coloring matter.yonr contract in f be case
supposed would (like the obligation of tbe importer 'to
pay so raaeb la ihe Government, in case his goods are
above 2To. 12 Dutch standard) be to give to tbe par.
ehaser sugar above Ho. 12 Datcb standard in color.
In both cues thrsame mode cf classification is refer
red tOi In both cases tbe same phrase is used to ion
dicate the kind of scgar tbat is the subject matter of
the obligation. Tho obligation is in the one case to
pay. tbe duty specified in the Act, if tbe sugar js of a
certain color ; in the other, to deliver for a price al
ready paid, sugar of a certain specified color. Would
you conceive yourselves at liberty tq take sagars of J10.
m ,.1. I 1 I . .. .1 ,. . I ,1. ' 1
D1QWIUI, auuyut low lucu-gjfHui ut ouaia,- ssu
tender them to the party with whom you bad contrac
ted as sagars above lib. 127 Would you expect him
to listen to y no, If you should say r "l contract; to
cire you sajrar above 2io. 12, Dutch standard in eol-
or; but wbat is the Batch standard of color? Vod
can only know by looking at-it through aglass bottle.
ion can go to the Appraisers otsce and compare the
ogar l offer with sugar above No-12 Datcb standard.
and if the, colors are the xamej claim tbe right b,.ten
der it, notwithstanding' it is In factXo. G sugar, "and I
bare used chalk, or gypsnm to make it appear pf m
lighter color." Can any man mistake as to the proprie
ty of such a course? It appears to me tbat there U
no difference between the two eases. and the deric Jbjr
wbicb a seller would give a false appearance of 'light;
Bess is cfthe same character, a ad must bava the same
legal effect as. the device. by which the Importer, would,
give" to these sugars' a false' appearance of darkness.
...if that new p. correct, l&en , gen llemen.ia Mils com
the importer, consignee, or agent, has mixed charcoal
with these sagars in order to d is guise the true' color;
a4.mxk.themreax to be below. Ii a, 12 DuUhstaa. ,
dard in color, when lu pomlof .isct they wen above
No. 12 in color, vfHJs Jatetrt W fai them at the Custom-house
as sugars of, tk lower grade, and if be has
suppressed and concealed fron the'omcers of the cus
toms the fact that be kas tasafwee"' with and sought
to disguise tbe colorof his goods, then In my judg
ment be has been guilly-of a false appliaseo and fraud
ulent practIcaUbist,tbajaeaniag of l.jtatute, and
must abide tneWinsiquoBceswhleh the law impose.
It may appear to seme -ef- you, gentlemen, that
there bal beeu but aainrioeenl HbsUke a to thil,Iaw,
a foliex9nstruction given to lbs statute. That for
this mistake the" confiststioD' of tba poods is tea sevsre
a penalty, especially as the consequences of that. con
fiscation fall in great part upon, innocent parties, and
to a considerable ex'tsnt upon'tbei 'representatives of
a gentlemen now, deceased, well known .he.- Ma pablie
spirit, his great mental' activity and Varied' attain
ments. Bufyou' are. not at liberty to ;be influenced
by these considerations. Mr. Gordon's, Igsorance of,
or mistake' as to the law, 'cannot excuse him."' He
did tbU.aetatjbls. peril, andlif Jhi actIm aq , offeata
nndec the statute the penalty of the law attaches. " I
-will read to yeti 'in this conneollori, from 'th. iam
authority whictrno of, the eaatuel ,bs. cited, and
then shall conelude'my remarks.
In the eaid which lam about toreafl Censrrai had
enacted tbat where -refined surars were exnoried and
drawDicr ormutuuractyintgtjt Wu.roj
further provided that, if any goods!shold be entered
by means of ,anyafae oTesoniiiiadW they should be
rorfeiledubless it were shown that "sueU false denm!
Ination happened by accident or mistake, and not
from any intention to defraud tbe revenue. The
party Jul this case entered the goods si "'refined su
gars," and claimed tbe drawback. They were on tbe
part of the Government alleged to be not refined su
garSand,were seised as having, been, entered under a
false denomination. The first point to be decided was.
whether tbe sugars were or were not reuaed-luears.
The. Cor( held tjbey4 Wertt.riqt. Tbe claimant then
urged that he thought tbey were, and. that he iad
merely made a mistake in the construction of tba law.
Tbe question then .arose whether thia was snebLa mis
take as brought him within tba proviso of the statute
exempting the goods from eonfitcatibn-wnen the false
denomination was shown to be tbe result of mistakes
or accident. ,
now upon wis state 01 iaci, wnicn a nope you
will bear in mind, as it closely resembles tba state of
the facts with which we have to deal, Judge Thonlpson,
one of the. most eminent Judges that ever sat' upon
tbe bench of the Supreme.CourtiOf.ibe .United States,
says : "The first inquiry which seems naturally to
arise is. What Is tbe nature and character of the mis
take which win save the forfeiture. Is it restricted to
some matter of faetfOr-doikinelad.-mistalre aste-
the application of the law to the subject thus falsely
denominated, the qualitiea'of such sugars being fully
known to tne person, making tne entry? connos
liiiit tla( upon any souno coittntetion tttprcriio tan
epeer laistaies- 0 IA feller dcseniitfon" -m
Such are.purely .mistakes of law, and. it is a. prin
ciple too Well settled to admit of being drawn In que j!
t,inn, tba( ignorance or mistake of law furnUh,et no ex
cuse in any case 'civil Or'eriminal.
And if tba term mistake does nbt Jnelude error of
judgment as to matter of law, (as I think it does not,)
, . 1 1 .1 . .1 I
X ID uuaun w unquiet nitj gtvuuu u-vu nuicu IUS
false denomination icaq be laid, tetbave happened by
mistake or accident ; and tbo only remaining question
fs, 'whether thistoj done with an intention to defradd
the revenue, w;thm the sense and meaning or the pro;
viso ; and it smears to me that it followa as a matter
of eourse-.tbatiftbeeutry wastiy- design, arid bot 'by
mistake or accident, the legal consequence is tbat f
was done tb'defraud there'venue.'' ' '
Admittins-.thst ho himtolf honestly beUeved that
bis sugaawere refin,ed sagars, within tbe meaning of
the law. aba that he was entitled to tbe drawback.
itill.it amounts to no inore than, a; mistake. or error rf
judgement' upon the law, and does not protect the tu-
gars;irom Loneiinei i . l
If that be the law, gentlemen, and I see no reason
tiUoubt It, fdr the same' principal is' "affirmed-' In a
ca.,decidod by tbo, I:(t'e Judge 9f.tbvrtSlbeh iDit--trict
of New. York, then the circumstances that the
owncr'bf these goods belioWd thalrho might lawfully
put .charcoal into, , them, aoAiaitfully wjtbboh) tb
knowledge of that fact from tbe Cust&m-Bouso author
itiei, and that h thereby and within! the maaaing
of the law degraded tbo sugars and,lowered their col
of; and conVef tell theWfrdm sugar above Not. 12 iff
sugar' below No. 12, in, color, and that be xntght law
fully enter then as of tbe lower grade though, he
hirteatiyTielievcU all this, sueb erroneous, belief and"
mlitalrrn nonstruetlon of the law afford him no sr.
cusc, and the goods are subject to forfeiture.
If; therefore, in' conclusion, gentlemen, tub btlleve
from tbe evidence, that, this sugar, after it reached,
the purchaser's bands, was mixed with charcoal for
the purpose of reducing its grad.aud, tasking it ap
pear to be below JMo. 12 iiutcu btsndard Iq color,
when in point offset before tbe introduction' cf such
cborcqaMt wan aboye.Nt). 12 Dutch Standard in color r
ani) if you believe that Mr. DeKo when he took bis
oath and made the entry;' suppressed and' concealed
tbat fact, or did not disclose it to the Custom-house
officer, then that suppression and concealment, and
the oath to taken by Dir. Deito waiin toy indgmentl
a false appliance, and practice within the meaning of
(be law, of which' the consequence is'aforT.Utireof the
goods.cpntsined in the jpioije.i ,
How Hcsnr Clat AxoJonx QcucrAnixs Plat.
a a Gaiii or "All Fonts." In the summer of 183S
one of our editors was an attach of the South Carol!'
na Railroad delegation to Lexington, Ky., to attend a
bhrbocoe, given by tbe citizens of that place lo Hon.
KbleH T. liayne. ai President of thS Lonliville, Cin
cinnati and Charleston Ballroad, designed to connect
the Queen City or the South with tbe then Queen City
or the West- Tbe delegation sonsisted of Hon. Hitch.
el) King. Benjamin T.,Elmore, Esq,, B. G- Mills,
esq., and ur. llaray, or Ashenn., JV. c, direet.rs or
the Bailroad Company, who were joineyl by-Paul Fits-
tinions, Esq., of Georgia Mr. Ben. Taylor, of Colum
bia., S. 0., and Mr! Teadon, of the CbertV. General
Hayne, who bad been on an extensive railroad tour,
met tbe delegation at Lexington on hTs return south
ward. The barboxrao came off with. -great telat and
enthusiasm, .General Hayno, of course, making an el
oquent speech. In reply to a Complimentary toast, and
Robert Wickliffs, Jrw gracing the, occasion with an
admirable address, redolent of South Carolina and her
hast history. Hon. Robert wietliffe, Sr., a treat
landholder, agriculturist and breeder of fins cattle,
furnished from bis herd a balf.breed 'buffalo, which
was barbecued or roasted whole for tbe occasion.
After tbe barbecue. Mr. Clay invited tbe party to
dine with him at Ashland, bis beautiful country resi
dence and rich cattle form. The dinner was epicure
an in viands and wines, and tbe ice eream, made en
tirely of pure" eream, from his own dairy, of course,
With sqr added, was exquisita fo lasts and coolness.
At table, one" of tbe guests called attention (o two
koautifel paintings on the mantelpiece t wbtmpon
Mr. CIsy pointing to one. of the palutingr, said
archly, and smiling, "I will ten you bowl Came by
that painting, provided (bowing io one of his guests)
it does' not go into tbe pewspapers, as it involve! an
anecdoteat the expeoseof my old friend, Mr. Adams.'1
Ife tbeq proceeded thai ; "lir Adams, Mr. Gallatin
and myself, three of tbe Commission for negotiatpag
a treaty of peace with Great Britain, In 1813, were at
Ghent, boarding at the same hotel. .One morning
we went td a great exhibition for saley of paintings.
and each of us purchased, oue. On returning to -our
quarters bur paintings were sent ns. Admiring Mr.
Adams' purchase very much, I said td him, "Mr.
Adams, I would like td ,wln.your painting frost yon I
-I will stake eufne against yours, at a game of cards.'
'Agreed said Mr. Adams, ' vrbat. vamei will y on
play?' said I. 'All Fours,' said Mr. Adams. Wt
cut for the deat 1 1 won it ; dealt, turned up Jack, and
scored 'high, low, jack and wort the-stake. I tbea
turqed to .Mr. Galltin (who bad purchased ,a fine
tainting of tbeTirgln Mary.) and laid, 'Mr. Gafllin.
I would like. to iin your painting from you. In the
same manner as 1 nave won mat 01 air. Aaams.
'No.Sairaaid Mr. Gallatin, in hi ibrokes Englbbj
I did not win tbe Vecrgin so, and I shall not Joss
Tbe company! went allihlehly amused at tba Anec
dote, and at tbe manner io wbicb Mr. Clay narrated
it, fulry coming-up to his reputation as a ratouttm1.
Th. cream of tbe anecdote was tbat Mr. Adams, a
staid and demure gentleman, should bare not only
assented to play; cards: -with. Mr. Clay, bat steals
have proposed a game of "All Fours," at vrhieh, .Mr.
Cbtr-was a'perfcetadepf. Tbe anecdote. In due re-
peet to -Mr. Clayjs admonitory gtrotUv, has- never
oeen lu pnill , uu, uvs ui wd uiuiuiuu ymi
conccrnetl have gsna to honored- graves; we feet'at
liberty, to give It a place in onr columns.
i.Timur. Armo.wj The Manhattan Life lasuianM
Company of New Tork, notified J,. JI..T, 31111111,
their agent In Virginia' City, yesterday, that lbey
000 noon tbe poller beld br tneflate Judge for 28.-
090, bat which hadheec forfeltc by lapse at pay-
ment 01 tne premium wuum uio time apcuacu set
thefaceM the policy. A the ttwie It was aclia nLit
wra.ahnrt.thev tenr eencrocslv allot Use abave susa
to tbe widow; which wIH gratify both her and ier da
moons afieads;. and ndoasd fa tl sesittf of tfcc
company wherever it has art established agese? aast
hnainsiM 'tThd lave' Judtn W arse) lusaiud" h
ia:the,Ne,W'York tntoalrAlOl .froai wbica
no reaponw bh yet uccu irecirva. it m w oa
IsMed.BMril'MaessatrsteasAc.hpM occsss rd is
payment aa ia tbe MinbatUn CoBsaar, that they
Trill act wli eejaal rfeeraWty: JFti jsx Sctea, JtnL 14.
A a'lTiTtaHTr-HAirn rjeSforsaev' id' sitts awVtt.
Hsm hisr leaka-rtainateatjol -" t,yoiogsM if,
team aud Prismatic coraucocaaa 1"