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Ijauffliimt fecfte, rrmieaBO Erory Wednesday Morning, AT SIX DOLLARS PER AXXUX. Ferret IT" terrllr, $.00 to S10.00. Ifawmimt $mt& BOOK AND JOB PRINTING ESTABLISHMENT. THIS OFFICE IS SOW PREPARED TO EXEOUTE ALL. ORDERS For Plain and Fancy Printing, OF EVERT DESCRIPTION. WITH NEA TNESS A DISPATCH HAWAIIAN GAZETTE. ) Qmh Street, in the old Rvikhnc, Honolulu, 11. 1. Isy l- bna, t the Govern- ill VOL. VI-aNQ. 48.1 HONOLULU, WEDNESDAY, DECEMBER 14, 1870. 186.00 PER YEAR. Otww BUSINESS NOTICES. JOICV . JlrGUBW, 31. I., ,lkqt s. Army.) - - - M..hWwHl isimriiKiivs Ac nuowar, jjqiIU) , ASS "WHOLESALE DEALERS A. F. JH. ATT8EXEY A5B 6STJ5EELL0E AT LAW. THOS. G. TIIUIIJl'S Stationery, Cutlery and News Depot and Circulating Library, ..s arc- i-pr MCOifn ALEX. CAMPBELL, 3Vlccl3.cvxx-t Tailor, IL IIIHI ,.. alWOSW A. E. TOOK- CASTI.II Ac COOKE, tXrBrEES. BBKERAL MERCHAHTS, AND 8BXEEAL AGENTS, y. U( ' & tk. Sww'i Chtpel 4 otber Seen fife Ihmmh Ga ll6 I It A K1CIIARIS. ntPSETER ASB DEALER IH BOOTS. SHOES !L ; j PwvUtaw , !VsY, "wner of Otwih to the -l?6 a. mjri'U.M. 3i. P8RT PHTS1CIAS, AND SURGEOK. Be. oai Mttfiii r Nashua's 1UU, Hole Ftreet, J f JMIII ' , mlTt-,, ' MBce. rerfamerr. join ii. i'.vtv, Xttuy FsMte and Commissioner of JJoeds ss-aw ut, f OJifml. 0e the Bank of Bishep a" r " mi-I.IIVGMAJl Ac CO., rjP8BTHES AST) DEALERS IN HARDWARE, ndj asrr , ''"" " D1 O'1 ,Mfr" afrSwC . . K Btroot. Hoaalula. IS-I16 i. r. amx. - wilder. AA3IS Ac VII.IEIt, AWCTIBNESBSAND COMMISSION MERCHANTS, K n StrK. Houotolo. 11- I- fr II. IIACKI'nLI) Ac CO., 8 ENSEAL COMMISSION AGENTS. , MwgHooll-. H. I. Ij8 ED. HOFFSCHLAEGER & CO., IMPORTERS ASD COMMISSION MERCHANTS, 41 HumW. Qh. H I- f' XIIKOIK C. IIEUCK, IMPORTER AND COMMISSION MERCHANT. ! Hooolnlo. Oaba. II- I. I'J IA. SCHAEFEK Ac CO., COMMISSION MERCHANTS, afj Har.olg.la, Otlm. I- L1?0 C E. UU. D1CKS0S i.mvuits Ac nicKSiW. IMPORTERS AND DEALERS IN LUMBER, MHHIi itrr'-r"'"'" Fl Street, Honolalo. ALLEN & CHILLINGWORTH, JCA1VAIIIAK, HAWAII, HMO fc0aol MmhawliM and Eblppini; bnslnns . i .i m fnmUh Ihn l-lumil Kandw i'oUtoM, and lucb utlier ile HmniM or whaleohiM, at tbetbortHt ooticr 8-lj6 JOIIA X. WAXUKIIOUSK, IMPORTER AND DEALER IN GENERAL MERCHANDISE, . Qw rwt, llonolaln. II. I. lj6 v. J-- gkke:v, GENERAL COMMISSION AGENT AND BEOKEE, eSHh yin-ymf BikUng wiiKn St., Honolulu, II. as) Qys 3IcCOIGAIV Ac aOIHVSOi"V, MERCHANT TAILORS, M Karl M , Honolulu, opporito T. C. lleoct'i. 1)6 C. E. AVII.I.IA3IS, MANUEACTUEER, IMPORTER AND DEALER I lltrftun of errt7 4oMTfptka, ruruiturc Ware-Rooms on Tart crart. otpfwlw Ouue'a 11i.u(ti Oallcrjr. Work man as tbe ol ataad on Hotel Street, near Fort. 41) OHiara lrotla "Uer UUnd prumpllr alle oA-J to. Iy6 w. ma'Sirrr, BOOT AND SHOE MATTER, 41) Ktr Mreet. fcext to tbe lXliel. llonolulo. (IT8 31. X. BOSXELU CABINET M'TTFTt AND UPHOLSTERER Klar StreM, Hoaatalu. spporite Levil' Ooorer Shop. Will ilj a U aowxl-baoj furalture. 1;0 XIIEO. II. WAVIES, LlII JaMX, GUXX t CO.1, IMPORTER AND COMMISSION MERCHANT, T ! ! tlx UTerpool OsJerariten, BrctWi M ranairn M arise I as o ranee Comp-inj-, and Xmtbrm Aterance Ootapau.e. 3-lj IIV9IAXV BKOXIIEItS, EMPOETERS AND WHOLESALE DEALERS la nMaaaWe OmIiIb;, Ilata. Cap. llooU, Shoea, and rrejr lMjr 6entleo' FnrnUliing Ooods. noJ Tl iiTMIm JL. Hetcbaut Street. Uonululq. S0-Ij6 J. S. WAt-iER. . C. ALLEX. WALKER Ac ALI.E.A. SHIPPING AND COMMISSION MERCHANTS, 1J Queeu Street, Honolulu. IL I. l?g '. L. X. XORUERX. DEALER IN LUMBER AND EVERT KIND OF BUILDING MATERIAL. 13 Ornei Career Queen and Fort atreeta. ljg IJOLIjES Ac CO.., SHIP CHANDLERS & COMMISSION MERCHANTS Qaeee Street, Honolulu. Particular attention paid to the jmrc&ate and aala of Hawaiian Produce. BXTtU XT rEXXISalOS TO CL Menardi a Co, H HackfeldaCo, CBreveraOa, ICwtlo a Uoose. S-ly8 D C Waterman Etq, I Ctll'AG IIOOIV. Coasdiiioa Merchant aad General Agent, lnj;iorlr f Tea and other Cliinese and Foreign Good. II hoWal- Dealer In Hawaiian Produce, and Agent for tbe Faakaa and Amauolu Sugar Plantations. Fire-proof Stireon Knuann 'Street, below King. 21-lj EOWEV JOMS, GEOCER AND SHIP CHANDLER, Lalinlna, Slanl. II or? pt and Becmlta fumUhed to Shlpi on the moil faror ICj able tenon. flj6 P. IAKSSOX, rinr Street- Honolulu, next the Hair Drersinr Saloon, turner of King and Fort. All Watches daaned and Repaired, and guaranteed for 12 months. tOurs Eodirala. 3 &BC . """" Ware B 1 mill spin MMtta itotM Els' JJUS1NESS NOTICES. HONOLULU IRON WOEKS CO. ,r-J. STEAM EXGINES, SuRar MlUe, nmliil Coolen, Iron, Bnu! and Lead Canting!. Machinery of Every Description, r - Made to Order. - ParticTilnr attention paid to Ship's Blacksmithing.' JOB WORK eecnted on the !hortet notice. 3j-lj6 I. S. WICKSOA, House, Ship and Sign Painter, Xo. 03 King Street, XearlT opposite MeMrs. Dilliogham Co. , , i . Gralnine. Marbling, Gliding, CaUominicg. Paper grPliancing, Ac. Ac, executed on tbe ibortest notice. yand on tbe most reasonable terms. 2G-3m w?i. a"i:ivco.iiii, DENTIST- 45 Office, Cor. Fort & Hotel Streets. llj-o II. C. CnaLLAVEL. X. A. BLCME. CIIAEIA.HEr. Ac CO., IMPORTEES AND DEALERS IN "WINES, Spirits, Ales, Ac, No. 8, Xnnanu Street, opposite Merchant Street, Honolulu. 12-lj6 A. S. CEEGIIORIY, WHOLESALE AND EETAIL DEALER IN GENERAL MERCHANDISE, lire-proof Store, corner of Queen and Eaahumann Streets. Ketall llsUblisbments. on Nuuanu Street, and on tbe corner of Fort and Hotel Streets. 14-lj6 incaajL rrcl. h. a. r. cabtie c. iiitEwi:it fc co., SHIPPING AND COBIHISSION HERCHANTS, IIOXOLULU, 41. I. AGENTS-or the llostoii a.irl Honolulu Packet I.llie. AGEXTS-For flic JInkee, Walluhu and Ilnlia lTlniitntlus. AGEXTS-Kor tlie Purchase ami Sale of Island PriHlucc. 5-I36 B. r. ElfLERS. A. JAEGER. It. F. EIIEERS Ac CO.. DEALERS IN DRY GOODS AND GENERAL MERCHANDISE, Fire-proof Store on Fort Stalvre Odd Fellows Hall. 37-1t6 I A. SCIIAEFER, A' GENT for the BREMEN llOAUD of UKUEItWr.lTEltS. Aperit for tbe Preeden Bonrd of Underwriters, Agent lur me tienna uoara 01 unuerwruers. 6 Pr C. S. ItAItXOAV, AUCTIONEER, Salesroom on Queen Street, one door from Kaabnmanu Street. . K-I58 31. S. GRIIMIAIjM Ac CO., IMPORTERS AND WHOLESALE DEALERS In Fashionable Clothing, Hate, Cape, Boots, Shoes and eeery variety of Gentlemen's superior Furnishing Goods. Store In Makee's Block, Queen Street, Honolulu, II. I. 10- tn AI'OSG Ac AClHJCIi:. Importers, Vcolesale and Retail Dealers in General Merchandise, And China Gvfcls, in theFire-proof Store on Kuuan? Street, under the Pnbllellsll. 4W)6 D. H. HITCHCOCK, IVOXARY PtltLIC, Ililo, Hawaii. Ij6 15 31. llEEIEEM, WAGON AND "CARRIAGE BUILDER, 7G IClug Mreet, Honolulu. Repairing done with care and neat- Is DCBS- Also, particuU-i-attention giTtn Onl(T from the uthtr Iloda promptly cxwruti-d. 40-ly6 J. NOTT & CO., DRiTicticfiX Braziers, c Ol'l'EK & TIN S3IITIIS, make every dc- Bcriution of work in their line, uted on l'lanta- tions or elsewhere. They alfo keep on hand a full assortment of Sheet Copper, Bhect Tin, Sheet Lead, Sheet Iron, Iron Wire, Copper Wire, Soft A Braes Solder, Pail Ears, Pressed Bucket Covers, Black and Tinned Rivets, Copper Rivets, etc. Also on hand, a few more of THOSKpPi:ENDID COOKING STOVES, Received by the " Syren," "Cotton Plant" and "Gray Jackets," together with a variety of Japanned Ware, and many articles useful in the Kitchen. gST Work on Buildings, such as gutters, spouts, water-pipes, Ac. Ship-work will meet with prompt attention at No. 9 Kaahumanu Street. 13-16 JAMES E. EEAVIS, COOPER AND G AUGER, At the Old Stand, corner King and Bethel Streets. A Large Stock of Oil Shook! and all kinds of Coopering Materials couetanlly ju band. He hopes by attention to business to merit a continuance or the tronage which he has heretofore enjojed, and for which he now returns his thanks. 1-Sm J. II. THOMPSON, GENERAL BLACKSMITH, Queen Street, Honolulu, Ilu constant! on hand and for sale at the Lowest Market Prices, a cood assortment nf tbe Best Hefined liar Iron, and the Beit BUck smith's CoaL 3S-ly6 I IK. Jt G. SE3EMKIVt TIN, ZINC AND COPPEE SMITHS, AND SHEET IKON WORKERS, Kuuanu Street, bctweon Merchant and Queen. Have constantly on hand, i5tTfjjPipe, Oal-TaniiM Iron Pipe, Flam and Uoee Bibbn, Stop-cock, India itutiDer liuee ii -pijr. id eDin 01 ana w I feet, with couplinpi and pipe complete. Botb-Tubs. and alnoa Terr larze stock of Tinware ofererr de- aenption. rarticnUr attention giTen to chip-Work. Orders from the f ther Islands will bo carefully attended to. Thankful to the Citizen! of Honolulu and the Islands generally for their liberal patronage luthep&tt, we hope bj atrict attention to business to merit the aatne for the future. 57-1 HJo Carriage and Sign Painting. THE UXDEUSIG.VED haviofr-tn rflWUlTU lu. 1 Till, .'1 m HminrniBUH - workman, is now prepared to executt"B&' all orders in the line of CAKr,IAGt and SIGN PAINTING Si- In a Manner to Warrant Satisfaction. Ca M. II EN FIELD, 30-Cm 78 King Street. Honolulu. K. RTCIEOFT, HOUSE AND SHIP PLUMBER, King Street, next to the Seamen's Bethel. Has on hand, Bath-Tnbs, Water-Closets, Wash-Baslni, Force and Lift Pumps, Lead and Galvanized Iron Pipes, and number's Brass-works. Being the only Plumber in the city, be will esecute ail orders entrusted to him In a work manlike manner. P-3m BANK EXCHANGE. THE UNDERSIGNED beg to notifr the puhjic that they have re-opened the above well known and popular Saloon, where will always ho found an assortment of the Best Wines, Liquors and Ales, that the market affords, and customers may be assur ed that they will find an experienced bar-tender, and every attention to their comforts. Tbe Billiard Room, which is the largest and coolest tn the city, contains THREE SUPERIOR BILLIARD TABLES! With all the Latest Imprnrements. G. C. SIDERS," p Sept. 2T. 1870. 17-3m CAXIFORXIA-RD BRICK, received per "D. C. Murray," asdibreale by 40 BOLLES A CO. FOltEIGN NOTICES. H. W. SEVERANCE & CP., General Shipping & Commission JIEItCHAaTS. .405 Front Street, comer of Clay, San Francisco 32 ' lj6 The Australian Steam Navigation Co's Patent Slip & Engineering Works, SYDsr, x. s. iv. All classes of Enjrineering Work, Iron "CiSi ZuIJclrjlr Vnllilirr and general ship's r.r.alr.,T3 executed cheaply and expeditiously. XSf Vessels of the lanrest tounagn can be taken up. SJ-1 -.6 FRED. H. TBOCTOS, JIanager. LEARMONTH, DICKINSON & Co., STDXEY, X. S. "IV., General Commission Agents, Will attend to the sile of Sandwich Island Produce, and arrange for advances on same. ,. JW. L. GKEEN Honolulu t MACFARLANK, BLAIR A Co.. .San Francisco 28 ly ft. B. WILU1KS, H. P. BLAjrcnARP, C. B. WOIGAX. WILLIAMS. BLANCHAED & CO.. SHIPPING AND COMMISSION MERCHANTS, 4c No. H8 California Street, San Francisco. 3 JOHX M'CaAKEX, Portland. J. C. MERRILL S. F. Cal. M'CEAKEN, MEEEILL & CO., FORWARDING AND COMMISSION MERCHANTS, Fortlnitfl, Oregon. Haying been entaped in our present business for upwards of twelve yearn, and beinj; located in ft Fire-proor Brick Bulld dinc. we are prejiared to receive anddipoi-eMf Island Staples, such aa SnEar.Fympf, Bice. Pulu, Coffee, etc., to advantage. Consignments especially solicited lor the Oregon Market, to which personal attention will 1e paid, and upon which cash advances will be made when requUed. RErERXSCES Charle W Bmoka San Francisco J C Merrill a Co " Fredlken 41 Badger LindenWrger - ' Janw Patrick t Co 41 WmTColeman a Co. 44 ttevens. Baker Co 44 Allen a Lewis . Portland LaddaTilton 44 Leonard a Green ' 1-1 y6 FLINT, PEABODY & Co., SHIPPING AND Commission Merchants, ASD AGENTS OF PACIFIC BARREL AND KEG COMPANY. Are prepared to furnish Kes aud Barrel Shooks in any quantity required, and respectfully solicit consignments of feugarand Itsnd Produce. sever vo- Meeers Bishop A- Co Honolulu. Messrs II llsckfeld A Co Honolulu. Meters Castle A Cooke Honolulu. Jles.te Walker A Allen Honolulu. OFFICKi No. 408 California Street, San Francisco. (37-3111) E. 31. VAX IEEI, COMMISSION MERCHANT Knnugassft, Japan, Having the best facilities through an Intimate connection with the Japanese trade for the past eieht yeais, is preimreu. to transact any buelnefcs entrusted to bis care, w itb dispatch. 17- 158 LANGLEY, CEOWELL & CO., WHOLESALE DRUGGISTS, 32 Cor. Battery & Clay Sts, San Francisco. 6nt Rift. MEL'S CHOICE PATRONIZED BY ALL THE WORLD. RIMMEL'S IlILANn-IIILANG, VANDA, 11EN na. Jockey Club, Frangipane, and other per fumes of exquisite fragrance. KIMMEL'S Lavendar Water, distilled from Mit cbam flowers. Riuimel's Toilet Vinegar, celebrated for its useful and sanitary properties. Rimmel's Extract of Lime Juice and Glycerine, tbe best preparation for the hair, especially in warm cli mates. Rimmel's Dugong Oil Soap, perfumed with Austra lian Eucalyptus. Rimmel's Glycerine, Honey, Windsor and other Toilet Soaps. Rimmel's Roso Water, Costume and Floral Crack ers, very amusing for balls and parties. Rimmel's Violet, Rose-leaf, Kice, and other Toilet Powders. jSS, A liberal allowance to shippers. EUGENE RIMMEL, Perfumer to II T. II the Princess of Wales, 96, Strand, li$. Resent ftrt, and it. Cornbill, London; 17. Booievard dei Italiens, Paris, and 76, King's Koad Brighton. 2- told by all rerfmuery Tenders. 37-lj6 "7" OSS, No. 6 Merchant Street, opposite the Sailor's Home, GENERAL UPHOLSTERER, IX ALL ITS BRANCHES, HAS CONSTANTLY ON HAND a variety of HOME-MADE FURNITURE, which he offers for Mle AT THE LOWEST MARKET PRICES consisting of Sets of BEST BLACK WALNUT PARLOR FURNITURE, Spring-Back Fay Chair, Lounges and 3tattnuse. Hair and Spring Mattraeees. Window Shade, and Slip Covers made to order Old Furniture ate-IIpIiol.torci, Repaired and Tarnished, with satisfaction warranted. Atf- Call and examine my stock before purchasing else where. jC3 Terms Beaeonahle. All orders from Ship-mast en and the other Islands, will be promptly attended to. .VI y PHOTOGRAPHY! Improvement is the Order of the Day. HAVING CONSTRUCTED A NEW SKYLIGHT, and made various other improvements, I hope nuw to be able to suit the mos: fastidious with A Pliotoprrapli ol any Size, From a Crystal to a Mammoth, taken Is the Rest Style of Art, and on the most reasonable terms. Also, for sale, views of the Islands, Portraits o.' the Kings, Queens,, and other Notables. H. L. CHAPE, 32-ly a r.'rt Street. C. W. CREY & CO,, Hawaiian Soap Works, At Leleo, Manufacturers and Dealers In all kinds of Soap. Beef, Mutton, and Goat TallowWanted Oflice, 30 Fort Seet, where orders will be received and promptly trtended to. .19 GEOKt.E 1TIEEIA3IS, LICENSED SHIPPING GENT, Office on James Robinson & Co's 'Wharf, Continues the builoess on his old plan of settling wit officers and seamen immediately on thsir shipping at his office. Uarinfr no direct or Indirect connet. itb any out fitting establishment, and allowing no debts u Se collected In bis office, he hopes togive as good satisfaction Is the fu ture as he has in the past, l-3m BARTLETT SALOON, ET 1T1LLIA HUGHES, Corner .-of Hotel and Fort streets. THE CHOICEST-AND BEST OF ALES. WINES an4 Spmts'always to be found at the Bar. 22-ly Snprcmc Court In Admiralty. nABTWIXL, j. . TOE MAUN A LOA. John Pauhiwa. Jfahinu. and Kphntu ts. Robert Briggs, JTaiier, and Je Otcners of the Bark Maunn Lon. Xi'Jei tn personam, for wages. The libel al leges, 1, That the libellantSf in August, 18C9. at the port of Honolulu, chipped on the Hawaiian bark .Manna Loa. on a whaling, sealing or trading voyage, not to exceed twelre months, or until the said bark should retnro to said port, provided that occurred before the expiration of twelve ti.ontha. the said Pauhiwa as boatsteerer for a seventieth lay, and the said Xabinn and Kohaln. each a? nn ordinary eeamat,, for a hundred and fiftieth lay. That for the due performance of the agreement, shipping articles were signed, and are in the respondents' possession. That in pur suance thereof, tbe libellan's entered into the re spondents' service on or about August 19. 18S9. 2. That the said vessel proceeded to sea, with the libelants on board, for the North Pacific Ocean, and to the seal ishinds near Hhering's Sea, off Alaska, where her catch of seal skins amounted to 11,500. and 'after the lilit'lbnts' said term of twelve months had expired, that she sailed into the port of San Francisco, where the libellants-were duly discharged by Henry AV. Severance, Esq.. the Hawaiian Consul thpre, owing to the expiration of their term of ship ment, and that the said Consul at the time of their discharge fixed thejvalue of the seal skins at three dollar? each, anij certified that they were, entitled to be paid their j'espectiva lays according to that valuation. Aid the libellunts say the value so fixed by the Consul was the trne'value of the said fkins in sn Francisco, and is the true value thereof in Honolulu. 3. That after the said, discharge, they retnrned to Honolulu in Septenuer, 1870. but the re spondents wholly neglected and refused to pay them their respective Isys accordiug to the valu ation by the said Consul, or according to their true valuation, but seftlcd with them for only one half of that amount, valuing the seal skins at one dollar anil fifty cents each. 4. The libelants' faithful performance of their contract. 5. That the premises are true, and within the Admiralty and Maritime jurisdiction of. this Court. ' The answer, 1, admit! the allegations in the first article of the libel,) aud produces tbe ship ping articles. 2. Say-1 that the bark , proceeded to sea at the time alleged in the libel, ;for the North Pacific Ocean, to the Ocbntsk Sa, off Saghalien, on the Russian coast! and not on the coast of Alaska, and that up to tiTe time o( leaving the Ocholsk Sea, her catch of s al skins was 11,500, but de nies that-sha sailed for San Francisco after the twelve months had expired, averring that she cleared away for San Francisco Aug. 5, 1870, arriving there "after the 19tli day of August, 1870."' Denies that the libelants were duly or legally discharged by Mr. Severance, the Ha waiian ('on.-ul at San Francisco, or that he legally fixed the value of the skins at S3 00 each, and submits that if they were discharged by the Hawaiian Consul it was, without anthority or jnstfication by law ; also, that if he certified that the libelants were entitled to be paid according to his valuation, it wa? contrary to the laws of this Kingdom, and the express stipulations of the contract, and not binding on the respondents. Neither admits nor denies .that the valuation of the Hawaiian Consul was the true valuation of seal-skin furs at San Francisco, or at Honolulu, but avers that the valuation thereof as fixed by the- United States Consul at Honolulu, is and was at the date of the arrival of the said vessel at this port, one'dnllnr and fifty cents. 3. Admits that after the libelants' return here in September last, the respondents, and also the Hawaiian Government shipping agent, refused to pay according to the valuation by Mr. Sev eranre. and avers that they settled with them according to the laws of this Kingdom, by the agency of the said agent, at the U. S. Consular pr.ces, and that tho libell.inta expressed them selves as satisfied therewith, and that the re spondents paid them S14 00 each for extra ser vices above the twelve months. ' . 4. Admit3 the libelants' faithful service under the contract, except as to Panhiwa. who is charged with having brought liquor aboard and got drunk, and with having made a disturbance thereby, contrary to the orders and good disci pline, ofthe ship, whereby be was liable to for feiture of wages. 5. That by the terms of shipment, the Iibellants were to be discharged and paid off at Honolulu at U. S. Consular prices, and to be settled with by the Government Agent here, according-to the Act concerning the shipping and discharge of native seamen, approved June 25, 1855, and that these terms were explained to them by the Gov ernment Agent, and also by the respondents. 6. That on shipping the Iibellants, the master and owners gave their Bond to the Governor of Oahu, under Section 14C, Civil Code, in the penal tnm of $300 for each man's return to this port, and were in law and by the condition of the bond required to return them here.id not discharge them in a foreign port. That the Hawaiian Con sul insisted on the discharge and payment of the men because the cargo was discharged. .The master objected thereto, bnt the Consul answered that otherwise he could not clear, and to the master's remonstrance that the men might desert and the bond become forfeit, replied that " be would look oat for that, and put them on board said vessel and allow them S7.00 each for working the ship back to Honoluln." That the ma3ter was compelled, in order to clear, to certify to the Consul the accounts of tbe crew, and to accede to this action, although explaining that the men were to be discharged and paid off in Honolulu, for which port he. was about to sail, and express ing his fears of trouble with the shipping agent here. The Replication -denies that by the terms of shipment, tbe Iibellants were to be discharged and paid off at Honolulu at XT. S. Consular prices, alleging that tbe clause to that effect in the shipping articles is nnder the bead or " Re marks," and not in the body of the articles. Is in English, and was never understood by the men. That the construction of the contract claimed by the respondents is inconsistent' with the laws and policy of this Kingdom, contrary to the geni era! Admiralty law, aad a fraud on the Iibellants' rights. That tbe U. S. Consul has so law making power over subjects of this Kingdom, and the Iibellants appeal to this Court to protect their rights as good and liege subjects. That the U. S. Consular prices are one half the real value of the furs, and evidently fixed for the benefit of fore'gn owners, an I in conflict with the rights and interests of subjects of thighs ingdom. The shipping articles contain the provision that the' bark is "bound on a whaling, sealing, or trading voyage, for a term not to exceed twelve months, or until the said bark Mauna Loa shall return to these Hawaiian Islands, provided that takes place befor the expiration of said term of twelve months." The Iibellants' names appear on the articles with their " mark," witnessed by Dan'l Smith. In the Hawaiian version of the articles, the blanks are not fill -d out. Under tbe column of "Remarks," is the following: "These men are to bo paid off at the U. S. Consular prices, in cash, at. the offices appointed by law, according to an Act to regulate the shipping and discharge of native seamen.' approved at Honolulu, June 24, 1855. The Master will pay to the Shipping Agent 50 cents on shipping, and 50 cents on discharging each mail." CapU Duniel Smith, for the Iibellants. testified that he received from the Hawaiian Consul in San Francisco, the accounts of tho crew of the Manna Loa, which are filed, marked " Exhibit IS ;'' also an order for payment. That he did pay them here. Oct. 11. 1870, at the rate of S1.50 Tor each skin, the men objecting somewhat, and say ing it was only one half.) and that the ownera made two of them a present jof S-O, and on cross examination, that "the U. S. Consular rates are alwoys the rates we pay off at. It was fully explained to these men that they would be paid off at SI and 31.50, at Consular rates. Panhiwa was the first one to take it and settle'. I also paid them 314 each, by order of Mr. William3. I shipped them a3 agent of the Gov ernor for shipping Hawaiian Seamen. Tho Cap tain executed a bond in the sum of S300 each to return them. After the men returned, I mus tered anu discharged them." Ke direct. " I don't understand tho Hawaiian language sufficiently to speak myself; I rely on my interpreter. I told these (hree men explicitly that they were to have SI for small, and SI.50 for large skins. I beard they were discharged by Mr. Severance at their own request, after the twelve months had expired, but I don't know it." Vtm. Pfluger testified that seal skins were in his opinion worth here from 1 to $2.50, accord ing to size and quality; that they were usually damaged 10 to 15 per cent, in patting up, and were worth more if taken in high latitudes than in low. Kahanu, Capt. Smith's interpreter, testified that by C'apt. Smith's order he told the Iibellants, when they shipped, that they were going sealing at rates like other vessels in the same business, viz. : S1.50 for large, nnrr5lfor'mall skins, and on cross-examination, that he did not hear the articles read, but Capt. Smith explained to each man us he signed, his lay, advance, and that he was going sealing. " No one read the arti cles. They were in English. I did not read them. Capt. Smith talked in English." This was the second scaling voyage.. " Exhibit B" shows the accounts of the Iibel lants as made up by Mr. Severance in San Frun cisco, Sept. 15,-1870, whereby it appears that the balance due Pauhiwa, " by Consul's order on Honolulu." was 3344.50; due Kokulu, do., S135.52 ; due Nahinu. do.. S73.02. W. C. Jones, proctor for the Iibellants, relied on '.he following authorities i Ch. 71, Comp. Penal Codo ;.2 Sum., 144; Abbott on Shipping, p. 227, n. 1; Flanders' Shipping, 1 280 ; Ch. 8, Civil Code. R. H. Stanley, proctor fpr the respondents : We claim that the Iibellants have fairly settled with us for 81.50 fur the value of each lur, and 314 compensation for extra time. The men were to be discharged and settled with at Consular rates at this port. The item about U. S. Con sular rates was not explained to the Iibellants but the Hawaiian Consul in San Francisco had no power to discharge or settle with them. That w.i3 to be done, accordjtig to tbe law and by tbe contract, here. The written agreement of the shipping articles i3 the only evidence of the con tract. 1 Cowen, 543: 14 Johns. 2a9 ; 2 Bos. & P., 116 ; 1 Comyn's Contracts, 369. Neither the law, the rules of the Foreign Of ficei nor the policy of the country, gave the Consul the power to discharge these men. Tbe policy is to return all native seamen to the port of shipment, and the master's bond required bim to do thts. 1 146 Civil Code Tbe seals were taken at Saghalien, and were not worth ovr S2.50 at the outside. But there is no evidence of the value of these- ekins. Jones, in reply : The Iibellants had a lien on that cargo, which was sold in San Francisco by the respondents. They were entitled to a settle ment, and to their discharge on the sale made there, after the expiration of their term of ship ment. There is no mode of fixing fairly the value here. There is no market. The true test is the value which they netted. Per Ccbiajt. Receipt not eondutUe. The argument tbst tbe Iibellants agreed to a final settlement wblcb bars their rizht of action is unsound. A seaman's receipt in full Is only prima fade evidence, not conclusive of bis rights, and may be rebutted by evidence ol mistake or imposition. The Waliua, 2 Haw., 864; tbe Mary Paulina,! Spr., 45; the Commerce, lb.: 35; Payne vs. Allen, lb. 304; Jackson vs. White, 1 Pe ter's Adm'y, 179; Thomas vs. Lane, 2 Sum., 11; Harden vs. Gordon, 2 Mason, 555. latent ef Shipping Acit. Ststnte'regulatlonsfor tbe shipping and discharge of native seamen have A two-fold object, first, to secure the interea's of tbe seamen; secondly, to secure to tbe Government tbe return of tbe seamen to this country, which Is an object of prime concern to maritime nations. Sblp owners do not require tbe aid and protection of special leghlatlou, although they receive tbe benefit of these statntes In various ways. But the Shipping Act does not make Ibera responsible for'lbe dis cbarge of seamen by Admiralty Courts or Consuls abroad, torno fault on tbeir -t. 2 Parsons' Ship ping and Adm'y, pp. 81, 85, i. tes. CSwuul's poxer to dUcharge. English and Amer ican statutes ire explicit In enumerating tbe cases in which Consuls may discharge seamen, as for In stance, In case of unseaworthiness of-tbe vessel, change or breaking np of voyage, crael treatment, &c We have no statute wblcb expressly ant borlzes Consuls to discharge Hawaiian "Seamen. The Civil Code provides, that " It shall be tbe .duty of tbe Minister of Fortiim Aflklrs to instruct tbe JfWsters, Consuls, and other foreign agents of tub Govern ment, in relation to their duties and conduct,' in sack saaaser ssfthe Slug sball from time to time direct. Sect. 442. There are special statute powers of Consuls, concerning such matters as taking ac knowledgments, Ac. It Is to be presumed that to the extent the law authorizes, suitable Instructions arc given, and If there were any which prohibit their Interposition In requiring a discharge or settlement of seamen abroad, it would have been shown by the respondents. Under the general maritime law, there are certain cases In wblcb tbe seaman, himself may regard his contract as at an end, In a foreign port, Curtis' Rights and Duties of Merchant Seamen, 55, and ci tations there made. It seems probable that consular authority to exercise the judicial functions incident to discharging seamen, rests solely on statute, and does not exist tirtute officii. 1 Kent's Comm., p. 51; 2 Elliot's Dipl. Code, p. 3; 2 Phlir.more's Int. Law, p. 245; Halleck's Int. Law, p. 251; Wheaton's Int. Law, 110. But where the mariner's contract Is put an end to by the action of tbe master, or in cases like tbe condemnation and sale of the vessel, Consuls would undoubtedly use all their le gitimate power to assist the men In obtaining a fair settlement, and ill returning to their own country, pursuant to the policy and Interests of the country they represent. There Is, however, no direct evidence that Mr. Severance discharged the men, and under tbe circumstances perhaps that matter is Immate rial to the merits of this cause. The remarks of Mr. Justice McAllister arc In point, In tbe recent case of Campbell et al. vs. steamer Uncle Sam, 1 McAll., 79: "iSuch being the conclusion, the Court must consider that, released by the breach of the contract by the claimants, the seamen were entitled to their discharge accurding to the general principle! of thelau merchant, without the intervention of the Consul at Panama. The Acts of Congress on this subject are cumulatite, made for he protection of seamen, and with a view to afford them a prompt remedy; certainly not to withdraw them from the protection of the Courts. Whatever bad been the action of the Consul, or the form of his certificate, whether legal or illegal, regular or irregular, it could not be conclusive upon this Court, nor shut its doors upon the Iibellants. The question Is, were the Ilbeljants entitled to' 'their discharge J After the breach ot the contract by th'rycialmants, and the detention of the Iibellants, arising out of that breach, for upwards of a month at Panama, 1 consider tbcm entitled to such discharge."' Coiuular uttlement in Sin Franciico. The men shipped, according to the articles, "for a term not to exceed twelve months, or until .the. said bark Mauna Loa shall return to these Hawaiian Islands, provided that takes place before the expiration of said term." On tbe 5lh day of August, when the agreed term had nearly expired, the master cleared away from the scaling grounds In the Ochotsk Sea, and Instead of making directly for Honolulu, saw fit to put Into San Francisco, and there remain until Sept. loth, nearly a month alter, term. While the vessel was thus delaying In 8an Francisco, the Hawaiian Consul required a settlement' with tbe crew at San Francisco rates, ou the discharge of the cargo aud the expiration of the twelve months. The master certified the amount of the cargo and men's accounts with the ship, and the Consul obtained a valuation of tbe fnra at $3 each, and gave the men orders on the Honolulu Harbor Master for the balance thus ascertained. The men worked the ship bock to this port, and received $14 each for the extra service. On arriving here, they were refused payment of tbelr orders on tbe Harbor Master, who paid them at the valuation of tbe U. S. Consul, of $1.50, and dis charged them. Theanswcrglves the Hawaiian Con sul's reason for insisting on a settlement In San Francisco, and tbe arguments were made on the as sumption of a sr.ie and delivery of tbe cargo there. Clause concerning the ILS. Con tular rate. Iuthis connection I will consider the force of the clause in the articles nnder the head of "Remarks," that " These men are to be paid off at the U. S. Consular prices in cash," Ac. II this clause were held to be binding on these Iibellants In case the cargo had been brought to the home port, so that It could have been inspected and valued here, is It binding on them in the case which occurred, of a prolonga tion of the voyage for tho purpose of discharging tbe cargo in a foreign port, and of Its .discharge there? I think not. The crew, in case of the loss of the vessel, would have had no remedy tor their wages except against tbe owners,, after they bad parted with tbelr Hen on the cargo, and no means of reaching its proceeds In a distant country. In such cases, 1 do not think tbe master can compel the crew to part with their Hen without a settle ment In the foreign port. They were entitled to their Interest in the net proceeds of the catch at tbe port of discharge, as there was no stipulation for the discharge ol the cargo anay from tbe home port. No other view would eosure to seatnen Uielr rights under the contract, or ready means of proving or disproving the correctness ot tbe U. S. Consul's val uation. The respondents' action has placed lt'out of the power of the Iibellants to obtairrjany otSer valuation than they themselves present, nnless tbe Hawaiian Consul's be received, or orjevidence ex pensively reached. I say thiswithout Intimating that the U. S. Consul's valuatlon'was nnjust, but as a statement of the law applying In all easel of this nature. It would be an unsafe precedent to require seamen to tin lirfund hy a valuation made here, when the cargo was sold and delivered abroad, or to re quire tbem to postpone their settlement until the return to a home port, thereby risking tbe loss of everything if. the vessel were lost on the way. In cases of the breaking up of Ihe voyage In a foreign port, the men would not be obliged to take Consular prices here. See Hathaway vs. Jones, 2 8prague, 50. The Speedwell, 2 Haw., 420; Rice vs. Spencer, lb., 50S. We come, then, to tbe conclusiveness of Mr. Sev erance's valuation. It was probably made at San Francisco cash rates, with proper deductions for charges, but as I know no statute power authorizing bim to compel the owners to accept It, they are at liberty to dispute It. Inlbe absence of evidence ot tbe basis of tbe valuation made there, or of tbe one made In Honolulu, or of evidence on which I can tlx the value, I shall refer It to a Master to aactrtain tbe net proceeds of the cargo, or its net cash value, at tbe port'of discbarge In San Francisco. The same result would follow if tbe clause concerning Con sular rates were held to lie binding. An umpire's valuation or award Is not final in any case of palpa ble mistake, or want ol means or evidence on wblcb to base It Knox vs. Simmonds, 1 Ves., ZG9; Mor gan vs. Mather, 2 Ves. Jr., .5; Story's Eq. Jur., $1451, etteq. No other result would follow If tbe clause In question were not known or assented to by the Iibellants. Tbe evidence (bows that this was only tbe second voyage of tbe kind from this port. Consequently there ws no custom which could have existed, wblcb tbe Iibellants may be presumed to have known. Tbe clause. In fact, was not ex plained or Interpreted to these natives. Tbe re spondents, therefore, argue that they are entitled to tbe benefit of a previous parole statement to tbe Iibellants, that they would have $1 00 for mill and $1.50 for Urge skins, and their- assent thereto. In favor of seamen, tbe rnle of law against Introducing parole testimony of a previous contract to vary tbe terms of a subsequent written' contract Is relaxed, and this for argent reasons. Lord Stowell, in tbe Mluerra, 1 Hsggsrd, 353, remarks upon ''tbe ex treme disparity between tbo parties to such special contracts. On the one side, gentlemen possessed of wealtb, and intent, I mean not unfairly, upon aug menting it, conversant In business, and possessing the means of cajtlng In tbe aid of practical and pro fessional knowledge. On tbe other side is a set of men generally ignorant and illiterate, notoriously and proverbially reckless and Improvident, 111 pro vided with the means of obtaining .useful Informa tion, and ready to sign almost any instrument that easy be proposed to tbess, aud cm all accounts re quiring protection even (gainst tbeawelves." So Story, J., is Harden aad Gurslea, 2 Maa, IN, sslys : "Every Court should watch with Jealousy every en croachment upon the rights or seamen, because) tbey are unprotected and need counsel; became they are thoughtless and need Indulgence; because' they are credulous and complying and are easily overreached. They are considered as placed nnder tbe dominion and lofiuenn of men who bars naturally acquired a mastery over them ; and as they have little of the foresight and caution belonging to persons trained In other pursuits of life, the most rigid scrutiny is Instituted Into the terms of every contract," Seamen are sometimes tenacious enough of their rights, bat as a rule they ire only too well known for their recklessness and Improvi dence, hence the reasons for regarding them almost In the light of "Wards In Admiralty." But this Indulgence does not extend to employers. Even, with the men, evidence of a previous agreement by parole would not control a. subsequent written agreement, reasonably and mutually assented to. Hence there may be cases In which employers would be bound by stipulations, while the seamen may at optloo, avoid them, and cltlm tbe benefit of the general law. Suppose a Consular valuation In this port of $4 00 per skin r On what grounds could tbe owners ask to be relieved, because tbey bad failed -to explain-tbe clause Inserted by themselves, and be allowed to Interpose a previous oral agreement for a less price! Tbe owners, then, as well as tbe men, would be left to the general law allowing the highest rates. See Rice vs. Spencer, 2 Haw., 504 ; Comp. Penal Code, Ch. 71, Sect. 2L I reach the same conclusion In every sspect of tbe case, that tbe net cash proceeds or value of tbe cargo at the port of San Francisco must fix tbe ralne of tho lays. If the respondents desire, an order may be made for L. McCnlly, Master, to take evidence sod report thereon, that Is, upon tbe true cash value of tbe cargo, and of tbe actual necessary expenditures tbcreon, as f or Insurance, wharfage, Ac, on the 24th Inst. On the comlog In of the Master's report, I wilt hear argument on tbe propriety of the charges sbown, and will fix the amount of tho decree In the libellaits' favor. If this reference is not desired, tbe valuation of the Consul In San Francisco will be assumed as made nccordingto tbe true prices there, and decree will be given accordlcgly. The respondents' proctor expressing a desire that a decree be now made, and the reference postponed for a further stage In tbe proceedings If It should he required, the decree is made accordingly, that the Iibellants recover tbe sum found on valuing the furs at $3 each, which tbe Clerk may ascertain. Tbe $14 paid each of the Iibellants here are to be deducted In making up tbe amount dne, Inasmuch as the Coosul in San Francisco had already allowed $7 for working the sblp back to port, i Appeal taken to tbe Court in Banco. Storx of ax Actress. The first case on tbe docket yesterday in the Court of General Ses sions, before Recorder Huckett, wa3 tbe most in teresting during the day. A lady, past the prima of life, and bearing in her features, despite the effacing marks ot rouge, dissipation, and opium, traces of former beauty, was arraigned on a charge of grand larceny. Sho was Matilda C. Seely. an adopted daughter of un eminent lawyer of this city. Twenty-five years ago she was a rather popular "star" at Burton's Theatre. If er history sinco is but a tecital of tho old story of gradual degradation, until at last she comes to the Ear, a dissipated, dishonest character. The charge in tbe case was preferred by a Mrs. Fnllgraft who narrated the circumstances of tbe larceny. Her sympathies were first enlisted in the prisoner's behalf, by hearing the story of her life from a friend, who requested some assistance for the des titute woman, while she was preparing to give a series of dramatic readings in Long Branch and in this city. Mrs. Fullgraff was so deeply af fected by tho recital that she opened her heart to the unfortunate artiste, and provided for her a comfortable room in her own borne, in East Seventeenth street, furnishing her with necessary articles of clothing of which she was in need. Ia the meantime notices of tho readings hail been circulated, and, through the influence of Mrs. Fullgraff. inserted in the newspapers. As the time for the readings approached, Mrs. Fnltgraff loaned Mrs, Seely a black silk dress, valued at 350. to make ber first appearance in. And cow, Matilda first showed her ingratitude to ber pat ron by coming home grossly intoxicated and rain ing a carpet. This offense was overlooked ufter the protestations and promise of good behavior ue'ual in such cases, and everything went smooth ly until the 4th of August, when the actress left the bouse while all were at dinner, carrying away with her three bundles, which she left in a store in the neighborhood for safe keeping and never returned for them. She was subsequently arrested, charged with stealing the dress, a bonnet, and some other ar ticles, and on the trial yesterday, ber guilt being fully established, the jury gave a 7erdict accord ingly ..accompanying it with a recommendation to mercy. She was sentenced to the Slate Prison for '1 years. After ins Hcseicase. The disasters at sea caused by the late fearful storms are dreadful to contemplate. Tbe crowning calamity was tho wrecking of the Cambria, by which nearly two hundred persons were lost. The steamer Alex. Petion, from Port aa Prince for Boston, sprang a leak on the 15th, and was abandoned by her officers tind crew. Tbe steamer Sapphire, from Liverpool for Ha vana, went ashore on Macamba Key.FTorida, sod is a total wreck. Ail bands ncre saved. The brig Anlilla, from Philadelphia for Dublin, Was abandoned at sea dismasted. Her captain and nine men were rescqed by the brig Maria. Tin schooner Valeria, of Baltimore, was lost on the Cuban coast. Her crew was saved. Among the vessels that suffered from tbe vio lence of the hurricane were the ships Corossandel and Ocean Express, of Boston ; the brig Y. D. Andrews, of New York, and other smaller crafU. Tne schooner Sea Serpent, with a cargo of lis for Boston, was run on the flats at Booth bay, and destroyed by fire. A telegram from Norfolk, Tsu, says Unt tsM steamship Key West, from New York for Cbariec ton, is aeiore twenty miles north of Cape Hatttv ras. She is in a hopelea condition, bet her crew is safe. The loss of tho brig Mary A- Chase, of Portland, daring the late hurricane, ia conSraeti. The brig Catharine, Captain Mulder, arrived at this port yesterday, in 33 hoars froa Miutitka, Mexico; having had rough weather aad lms! winds the entire passage. Seventy mite was of Goalee, Bahama Islands, saw a ship cMSflettv Iy diswattted ia tow of another ship, bat eoaM not ascertain the mom of either tismL TW Catharine paswed a great quantity of Havana m gar boxes and prta of wrk ; aad piekstd Bp a yawl boat with no aasae om R. All siptsf Ika Florida coaM the was s4rwi with sreaasi oHe and MrU of wmHu.JT. Y. Htm. z 1