Erory Wednesday Morning,
AT SIX DOLLARS PER AXXUX.
Ferret IT" terrllr, $.00 to S10.00.
BOOK AND JOB
THIS OFFICE IS SOW PREPARED
TO EXEOUTE ALL. ORDERS
For Plain and Fancy Printing,
OF EVERT DESCRIPTION.
WITH NEA TNESS A DISPATCH
) Qmh Street, in the old
Rvikhnc, Honolulu, 11. 1.
Isy l- bna, t the Govern-
VOL. VI-aNQ. 48.1
HONOLULU, WEDNESDAY, DECEMBER 14, 1870.
186.00 PER YEAR.
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
IL IIIHI ,.. alWOSW A. E. TOOK-
CASTI.II Ac COOKE,
tXrBrEES. BBKERAL MERCHAHTS, AND
y. U( ' & tk. Sww'i Chtpel
4 otber Seen
fife Ihmmh Ga
I It A K1CIIARIS.
ntPSETER ASB DEALER IH BOOTS. SHOES
!L ; j PwvUtaw , !VsY, "wner
of Otwih to the
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.,
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,
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
JOIIA X. WAXUKIIOUSK,
IMPORTER AND DEALER IN GENERAL
. Qw rwt, llonolaln. II. I. lj6
v. J-- gkke:v,
GENERAL COMMISSION AGENT AND BEOKEE,
eSHh yin-ymf BikUng wiiKn St., Honolulu, II.
3IcCOIGAIV Ac aOIHVSOi"V,
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
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.
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
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
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
GEOCER AND SHIP CHANDLER,
II or? pt and Becmlta fumUhed to Shlpi on the moil faror
ICj able tenon. flj6
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
mill spin MMtta itotM Els'
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.
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
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.,
IIOXOLULU, 41. I.
AGENTS-or the llostoii a.irl Honolulu Packet
AGEXTS-For flic JInkee, Walluhu and Ilnlia
AGEXTS-Kor tlie Purchase ami Sale of Island
B. r. ElfLERS. A. JAEGER.
It. F. EIIEERS Ac CO..
DEALERS IN DRY GOODS AND GENERAL
Fire-proof Store on Fort Stalvre Odd Fellows Hall. 37-1t6
I A. SCIIAEFER,
GENT for the BREMEN llOAUD of
Aperit for tbe Preeden Bonrd of Underwriters,
Agent lur me tienna uoara 01 unuerwruers.
C. S. ItAItXOAV,
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.
AI'OSG Ac AClHJCIi:.
Importers, Vcolesale and Retail Dealers in
And China Gvfcls, in theFire-proof Store on Kuuan? Street,
under the Pnbllellsll. 4W)6
D. H. HITCHCOCK,
Ililo, Hawaii. Ij6
WAGON AND "CARRIAGE BUILDER,
7G IClug Mreet, Honolulu.
Repairing done with care and neat-
DCBS- Also, particuU-i-attention giTtn
Onl(T from the uthtr Iloda promptly cxwruti-d. 40-ly6
J. NOTT & CO.,
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
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
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
J. II. THOMPSON,
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-
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.
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.
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
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.
H. W. SEVERANCE & CP.,
General Shipping & Commission
.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
ft. B. WILU1KS, H. P. BLAjrcnARP, C. B. WOIGAX.
WILLIAMS. BLANCHAED & CO..
SHIPPING AND COMMISSION MERCHANTS,
4c No. H8 California Street, San Francisco. 3
J. C. MERRILL
S. F. Cal.
M'CEAKEN, MEEEILL & CO.,
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.
Charle W Bmoka San Francisco
J C Merrill a Co "
Badger LindenWrger - '
Janw Patrick t Co 41
WmTColeman a Co. 44
ttevens. Baker Co 44
Allen a Lewis . Portland
Leonard a Green ' 1-1 y6
FLINT, PEABODY & Co.,
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.
Meeers Bishop A- Co Honolulu.
Messrs II llsckfeld A Co Honolulu.
Meters Castle A Cooke Honolulu.
Jles.te Walker A Allen Honolulu.
No. 408 California Street, San Francisco.
E. 31. VAX IEEI,
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.
LANGLEY, CEOWELL & CO.,
32 Cor. Battery & Clay Sts, San Francisco. 6nt
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
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
Rimmel's Glycerine, Honey, Windsor and other
Rimmel's Roso Water, Costume and Floral Crack
ers, very amusing for balls and parties.
Rimmel's Violet, Rose-leaf, Kice, and other Toilet
jSS, A liberal allowance to shippers.
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
2- told by all rerfmuery Tenders. 37-lj6
No. 6 Merchant Street, opposite the Sailor's Home,
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
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
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
Oflice, 30 Fort Seet, where orders will be received
and promptly trtended to. .19
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
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
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
5. That the premises are true, and within the
Admiralty and Maritime jurisdiction of. this
The answer, 1, admit! the allegations in the
first article of the libel,) aud produces tbe ship
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
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
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
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,
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.
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
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,
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
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