Polynesian. [volume], July 27, 1844, Page 38, Image 2

About Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864

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38
T H i: P 0 L V N KS I A.N.
fJn.r,
mospherc which is purity itself, in short that
glorious weatlicrjl.wltbcl ever brings in its
train one fair day to succeed another, with
but1 enough rem to temper the heat and moist
en the ground. The contrast with the varia
tions of our climate is great, where you often
begirt the day in a brilliant sky, and end it
amid a tempest of rain, wind, thunder, and
lighting, or perhaps a freezing, driving snow
storm. Some days there are which cannot
fee excelled in giving a healthful elasticity to
the spirits. But they arc few compared with
those which bring a sad array of diseases in
their train. It really seems as if our climate
had been organized upon the principle of let
ting every one choose such weather as he
likes, and a pretty medley have they made
of it." With all its disagreeables, that it is
favorable to longevity, our hardy farmers can
attest, but is only tough constitutions that
can outlive the period of seasoning.
The linst. winter to those who have come
from a warmer climate is the most agreeable.
The second is more felt, and olJ twinges,
aches, and sore-points, which had been bu
ried in oblivion at Oahu, begin to show that
they bnly slumbered. It is a trying season,
but once through and the health good, the
seasoning may be said to be perfected. I
have not as yet been able to look with any
pleasure upon an icicle or a snow-bank, and
the early change of death of the foliage strikes
a chili over my whole system. Habit will
soon accustom one to these things however.
The rich have not much to fear. The recent
improvements in warming houses and regu
lating their temperature by means of air-furnaces,
enables them to maintain a perpetual
summer, and without a sign of fire or a fire
place in our best houses, oranges and other
tropical trees can be seen in full bearing,
during the cldest days of winter. What a
capital thing it would be if a city or town
could be warmed on the same principle. It
might be acomplished if we had Kilauca
within a mile of us, and warm air be distrib
uted in the same manner as water along the
streets. Who knows but it will be so finally.
f Yrs. Wakebv.
COMMUNICATED.
To th Editor op The Polynesian :
Mr. Editor, It may not be altogether
unacceptable to your readers to see in your
columns discursive Essays of a general na
ture, upon those Legal points most useful to
be known in all countries. Of these, the
general obligation to allegiance, which the
accident of birth confers; the nature of tem
porary allegiance, or domiciliation ; the na
ture of naturalization, its effects upon native
allegiance, and what are its binding obli
gations; are all subjects of enquiry which
cannot fail to interest, particularly in the
sew formation of a government.
These topics arc not found complete in
any one juridical work, and the nice enqui
rer is forced into a labyrinth of books, from
the Law of Nature, to the Reports of In
stance and Prize Courts, Records of Judi
cial Impeachments, and Trials for Treason,
at the Assizes, and courts of Oyer and Ter
miner, in order to a critical understanding
of them.
My time is otherwise too much occupied
to admit of a minutely detailed examination
of these subjects, even should you deem
them legitimate matters of interest to this
community, but I propose simply to collate
from tho most authoritative authors, Historic,
and Judicial, what has been, and still is the
universal understanding upon those subjects.
' An enquiry like the one proposed will, ne
cessarily, be continuous, and should you
permit it, will be addressed to you in num
bers, 'since, I doubt not there aro some in
tho reading and reflecting community who
will approve, and even be pleased with an
attempt to elucidate the topics alluded to;
Besides which, I regard it of fundamental
Utility to His Majesty's government, that the
people be informed of their rights and duties,
privileges and disabilities, in the various
phases of the social compact. Many of these
rights; duties, privilege 'and disabilities,
are only deducible from uniform practice,
(which makes part of the unwritten law,)
and from the reasoning and deductions of
celebrated jurists: all so diffused, and buried
in the obscurity of innumerable books, as to
render it next to impossible for the mass,
even of reading men, to get at them with
certainty. My aim is to place before the
public in the form of extract, under appro
priate heads, such principles of the existing
Law of Nations, drawn from different sour
ces, as will enable the candid among your
readers to perceive the fitness and propriety
of measures adopted from time to time by
the government, which, without information,
might appear unprecedented, and unneces
sary. And 1 sincerely trust that even this
attempt, humble though it be, will have a
tendency to methodise tho principles of the
government now developing, and heighten
that respect for its functionaries and its laws,
without which no government can perma
nently exist.
CHILDREN HORN IN A COUNTRY.
"Persons born in a country arc deemed
by the Law of Nations, to be citizens, or
subjects of that country. A reasonable qual
ification of this rule would seem to be, that
it should not apply to the children of parents
who were in itinerc in the country, or who
were abiding there for temporary purposes,
as for health, or curiosity, or occasional
business. It would be difficult, however, to
assent, that in the present state of public
law, even such a qualification of the rule is
established." Judge Story's Conflict of the
Laws, 48.
" If a person has fixed his abode in a for
eign country, he is become the member of
another society, at least as perpetual inhabi
tant, and his children arc so too." Valid:
Law of Nations, B. 1, C. 19, 215.
'The children of aliens have a natural
attachment to the society in which they are
born: being obliged to acknowledge the pro
tection granted to their fathers, they arc
obliged to it, in a great measure, for their
birth and education. They ought to love it,
express a just gratitude to it, and as much
as possible, return benefit for benefit."
Vattd: B. 1, C. 19 220.
"The place of birth of a person is con
sidered as his domicil." "This is usually
denominated the domicil of birth, or nativity,
domicilium originis. But if the parents are
then on a visit, or on a journey, (in itinerc,)
the home of the parents (at least if it is in
tho same country) will be deemed the domi
cil of birth or nativity. If he is an illigiti
mate child, he follows the domicil of the
mother. Ejus, qui justum patrcm non habet,
prima origo a inatrc." Story's Con. of Laws,
44; Cod, Lib., 10, tit. 31, 1,3G. 2 Doinat.
Public Law, B. tit. 16, 3, Art. 10. 1
Boulenois Obstrv., 4, p. 53. Voet od Pand.
Lib. 5, tit. 1, N. 91, 92, 100. Scrimshire vs.
Scrimshire 2 Hagg. Eccl. 11., 40.5, 406.
Cochin (Evres, torn. 5, p. 5, 6.
"Children of aliens, born here in Eng
land, are natural born subjects, and entitled
to all the privileges of such." Blk. Com. v.
I , p. 374.
"In this respect there is not any differ
ence between our laws and those of France.
In each country birth confers the right of
naturalization." 1 Wood, 386.
" A child born of foreign parents in France
may claim the rights of a Frenchman, de
claring, if not domiciled in France, his in
tention to fix there." Code Civile 1, 1, 9.
"By the 11, and 12, William III, C. 6,
natural born subjects may derive a title by
descent, through their parents, or any ances
tor, though such ancestor be an alien."
Hargrove s Coke on Lyttleton, 8, a.
ALIENS RESIDING TEMPORARILY IN A COUNTRY.
"Even in the countries where every stran
ger freely enters, the sovereign is supposed
to allow him access, only upon this tacit
condition, that he be subject to the laws;
the public safety, the rights of the nation
and of the Prince, necessarily require this
condition, and the stranger; tacitly submits
to it ns soon as he enters the country, as he
cannot presume on having access upon nnv
other footing. The Empire has the right to
command in the whole country, and the laws
arc not confined to regulating the conduct
of tho citizens among themselves; but they
determine what ought to be observed by all
orders of people throughout the whole ex
tent of the state."
" In virtue of this submission, the stran
gers who commit a fault ought to be punished
according to the laws of the country. The
end of pains and penalties is to render the
laws respected, and to maintain order and
safety."
" From the same reason the disputes that
may arise between the strangers, or between
a stranger and u citizen, ought to be deter
mined by the Judge of the place, and also,
according to the law of the place; and
as the dispute properly arises from the refu
sal of the defendant, who pretends not to
owe what is demanded of him, it follows
from the same, principle, that every defend
ant ought to be prosecuted before tliis judge,
who alone has the right to restrain, or con
demn him. The defendant's judge is the
judge of the place where this defendant has
his domicil, or that of the place where the
defendant is, when any sudden difficulty
arises, providing it does not relate to an Es
tate in land, or to a right annexed to such
an Estate. In this last case, as these pos
sessions ought to be enjoyed according to
the Laws of the country where they arc situ
ated, and as the right of granting such pos
sessions is vested in the superior of the coun
try, the disputes relating to them can only
be decided in the. state on which they de
pend." Valid: Law of Nations, B. 2,'Ct.
8, 101, 102.
"During the residence of aliens amongst
us, they owe a local allegiance, and are
equally bound with natives to obey all gen
eral laws for the maintenance of peace, and
the preservation of order, and which do not
relate specially to our citizens. This is a
principle of justice and of public safety, uni
versally adopted; and if they are guilty of
any illegal act, or involved in disputes with
our citizens, or with each other, they arc
amenable to the ordinary tribunals of the
country." 2 Kent, p. 55.
"Local allegiance is such as is' due from
an alien, or stranger bom, for so long a
time as ho continues within the King's do
minion and protection; and it ceases the in
stant such stranger transfers himself from
this kingdom to another." Blk. Com., 370.
NATURALIZED PERSONS.
"By naturalization an alien is put exact
ly in the same state as if he had been born in
the King's allegiance." 1 Blk. Com., 374.
"Naturalization cancels all defects, and
and is allowed to have a retrospective ener
gy which simple Denization has not." Coke
on Lyttleton 129.
" Naturalization is not, as Denization may
be, merely for a time, but is absolutely for
ever." Cro, Jac, 539.
" A person duly naturalized becomes enti
tled to all the privileges and immunities of a
natural born subject," &c 2 Kent, 57.
In succeeding numbers I will adduce au
thorities to show what is Allegiance; its na
ture and extent; whether natural, temporary,
or sworn; how far a citizen or subject can
renounce his allegiance to his native sove
reign; and whether the native country can
exercise any authority over its subjects resi
ding permanently abroad. Ligamen.
Honolulu, 15th July, 1844.
To the Kditoh op the Polynesians
Sir, I feel much obliged to your corres
pondent who under the signature of " Jl Mer
chant," in your paper of tho 20th, makes
some remarks upon my statistical notes pub
lished in the Friend ofthe 1st June. He is
right in believing that I did not intend to im
pute to the merchants residing here "any
wilful fraud" in the valuations given in to
the Custom house, of goods to their consign
ment. My observation opplied to the broad
class of importer generally, and not particu
larly to the merchants of Honolulu, of whose
legality anil good foifh. I had 'previously re
corded my opinion, on tho respectable testi
mony of the Collector, Mr. fVilliam Paty,
as will be seen in note No. 7, to my Table
published in the Friend ofthe 1st May. '
Any apprehension I ventured to express
arose from the remarkable disparity in the
" range of prices" published in the Friend of
1st June, and not from the. items of Entries
quoted by your correspondent; which were
intended, merely to illustrate tho . abuse of
making entries in mass.
It is obvious that your correspondent is a
merchant well versed in the details of Com
merce, and therefore I feel persuaded that
he will concur with me in this that every
merchant in the Sandwich Islands is interes
ted in the efficiency of this government;
that the government never can be efficient
without an adequate revenue ; and that those
checks and regulations found necessary in
the United States and England, either for
the prevention of fraud, or the information
of government in every thing relating to
tneir own annual trade, may be adopted by
this government, without any just cause of
complaint:
Beyond the welfare of the Hawaiian peo
ple, I have no object in the Notes and tables
which have been published; it is impossible
to promote that welfare without proportion
ally benefiting every merchant who lives
amongst them, and acting in accordance
with the beneficent spirit which animated
three of the greatest nations on earth to re
cognize these Islands as an Independent
State.
I beg that you will insert this letter, lest
my note, complained of by "A Merchant,"
should be so misunderstood in Foreign coun
tries, as he seems to think it may, and which
I should be very sorry for. In Honolulu, I
am sure it has not been so misunderstood,
if I may judge from the remarks of "A Mer
chant" himself, and from the many kind ci
vilities which 1 continue to receive from the
merchants generally, and all other classes
of its inhabitants. ,
Allow ine to add that I shall always be
thankful for any communication pointing out
any mistake or error that may be detected
in my notes, or supplying any thing that I
may have omitted, but that such communi
cations ought either to be addressed to me
direct, or to be signed by the authors.
Your Obt. Servant,
Robert C. Wyllie.
Honolulu, July 24, 1844.
If "P 11 n T ir t t- n t t
OFFICIAL JOURNAL OF THE 'HAWAIIAN
GOVERNMENT.
HONOLULU, SATURDAY, JULY 27, 1844.
His Majesty holds a public levee between
the hours of 9 and 2 o'clock, this day for his
subjects. On Monday, the 29th., at 8 o'clock
P. M.. His Majesty will receive the Repre
sentatives of Foreign Powers, and residents
generally, at Mauna Kilika
A Temperance Festival will take place on
the 31st., at 9 o'clock A. M. A procession
will be formed at the fort, which will be join
ed by his Majesty and suite thence they
will proceed to the Stone Church, where ap
propriate addresses will be delivered. "
Royal Salutes will be fired from the batter
ies at sunrise and during the day. The en
tertainment given by His Majesty, will be
precisely at 3 o'clock, at Bcretania, and im
mediately upon His Majesty's arrival, with
his suite and military escort, the ' guests will
seat themselves at the table, under the direc
tion of Mr. F. W. Thompson, who will act
as Master of Ceremonies for the occasion. .
The festivities will be continued among
the subjects of His Majesty, on the three
days succeeding the 31st.
A complete copper-plato press, with ink
and paper, has been received by Mr, Dia
mond, of this town. It is an article that has
long been needed, and will much improve
the appearance of the work in copper don
uy me native at l.nhaina.' ! "'-