Polynesian. [volume], August 03, 1844, Page 43, Image 3

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

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184-1.1
T II K P 0 L Y N i: S I A N
43
OPINION OF T. S. PERKINS,
IS Til E MATTER OF RlCHARD ChARI.TOn's
Claim vpon the Government or the
Hawaiian Islands.
ion.
i
The interest felt by the public in the re
sult of the claim to land in this town, by Mr.
R. Charlton, induces us to publish the opinion
ofT.S. Perkins, Kaq., an eminent member of
the bar of the state of Connecticut, U. S. A.
It was drawn up the at request of H. H. M.'s
Secretary of State, on laying before him
the decision of the Karl of Aberdeen,
the reply of Messrs. Richards a nd Ilaalilio,
and all other papers relating to R. Charlton's
claim to land. Mr. Perkins was un-feed,
and earnestly requested by the Secretary of
State to give a true judgment, on the duties
of the Hawaiian Government, under the re
quirements of Lord Aberdeen, in view of all
the papers submitted to him.
"From the papers exhibited, it appears that
the only question unsettled between the Gov
ernment of Great Britain and this Govern.
incut, is the claim of Mr Charlton to certain
lands situated in Honolulu. In reference to
this claim, Lord Aberdeen in his lettcrtothe
Commissioners of this Government, dated
Sept. l'ith 1U4.-3, says that Mr. Charlton's
title to the land mainly rests in the genu
iness of the grant, and the power of the per
son by whom it was executed; and also that
the British Government are of opinion, that
provided the original grant in possession of
Mr. Charlton, and now in the Sandwich Is
lands be produced and shown to bo genuine; J ARRIVAL OF HIS MAJESTY.
iir. viiuumn i? iiiuui:u iu me laim lo WHICH
justice adopted by good and great men in
those countries, as defincrs of' the claims of
the rightful possessors to their lands.
Should however, this government arrive at
the other conclusion, fic. that the grant is
not gem inf., then oti'er to the claimant the
courts of this kingdom, as tribunals w here
this claim can be adjudicated, and let this
government bind itseif to abide their decis-
Aftcr reviewing the above opinion. I am
confirmed in my impression as above stated.
All other claims submitted, arc in relation to
matters of personal property ; these were
decided by the British Government this
was not decided there, but w as sent back
here. In addition to this, the peculiar lan
guage used by Lord Aberdeen, viz. : 'gen
uineness of the grant' 'grant be genuine,'
confirms me in the views above expressed ;
for, had the expressions been genuineness of
the signature, signatures be genuine other
and very different would be the signification
of Lord Aberdeen's letter."
Very respectfully,
Tiios. S. Pf.kkins.
To G. P. Ji nn, Esq.,
II. If. M. Sec'y of Stale.
Honolulu, April 16, 1844.
THE POLYNESIAN.
OFFICIAL JOUliSAL OP TIIIl HAW All AS
(iOVKlSMKST.
he lays claim,' and that government requires
that Mr. Charlton or his representative in
his behalf, having first produced the original
grant and shown it to be genuine, may be for
mally put, and secured in possession by the
government, (of the Hawaiian .Island.) It
also appears from the papers exhibited, that
the Hawaiian Government, by a proclama
tion, bearing date the 12th day of Feb. 13 43,
ratified the agreement for the settlement of
the difficulties between the two nations, in
the terms stated by the Karl of Aberdeen, in
his letter to our (the Hawaiian) Commis
sioners, dated the 12th day of Sept. 1843.
'It would seem from this statement of
facts, that the British Government, having
laid down the principles on which the claim
is to be settled, leaves it with the Hawaiian
Government to apply those principles to the
facts of the case as they may be shown to it
by Mr. Charlton or his representatives, and
to decide, on these principles, the question
whether or not the grant be genuine, or in
the words of Lord Aberdeen, on the genuine
ness of the grant. No other tribunal or in
dividual being mentioned or referred too,
there seems no doubt that this is the mean
ing of Lord Aberdeen, and there can be no
doubt that such is the legitimate nay the
only construction of which the letter is sus
ceptible. Had any other intention been had
by Lord Aberdeen, he would doubtless have
so expressed, and in the absence of any tri
bunal being mentioned, or any individual al
luded too as a referee, the meaning as above
expressed is conclusive ; any other construc
tion would be derogatory to the contracting
parties as the representatives of independent
nations.
"Now when the 'genuineness of a grant' is
spoken of by professional men, they are not
to be understood as confining their meaning
to the single fact whether the signature of
ine parties was actually attached to the instru
ment which describes the grant, or to the
paper on which it is written. Numerous oth
fv considerations are involved, one of which
seems to have been anticipated by the 'prin
cipal law advisers of the crown, : viz. 'the
power of the person by whom such grant
may have been made.'
"In this case, it would seem that the Brit
ish law adviser, intentionally leaves these
matters to the consideration of the govern
ment here, or to be settled by the courts of
"a nuuon, acting unuer its jaws, according
to the usual course of judicial proceedings
here,, in the same manner as titles to real
estate arc settled by juries of the vicinage,
when the lands lay in England.
" In this view of the case, I would advise,
that, should the Hawaiian Government be sat
isfied that the grant is crenuiue i. e. aetu
ally signed by the parties as it purports
iis meaning fully understood by the parties ;
the grantor having power, according to the
laws of tins kingdom to make such grant, and
to the extent claimed the absence of fraud,
and that all had been done by the parties,
which was necessary to perfect the grant u-
rr me taws oi mis , Kingdom then that the
land in question be conveyed as no reed to.
and possession be formally given ; and fur-
mer, mat in the absence of Hawaiian laws,
those rules which have been adontod in Knn--
land and America should be refered too, not
a binding authorities here, but as rules of
HONOLULU, SATURDAY, AUGUST 3, 1844.
dcrcd the spectacle both novel and pleasing.
Vc cannot refrain from noticing the good
taste displayed by the Captains of the Eng
lish vessels William Ackers and Cacique,
in their decorations of their respective ships
on this occasion. The other vessels also
wore their ensigns and signals, and the har
bor presented a lively appearance.
The protraction of the Festival during the
remainder of this week compels us to defer
a description of the festivities until our next,
when we shall be enabled to give the account
in full.
His Majesty had been expected for some
davs previous to the 30th. but thn ves
sels on board of which he had embarked
with his suite from Lahaina, did not come
in sight until 9 o'clock, A. M., Tuesday,
when the firing of a gun, and the hoisting of
the large Hawaiian ensign on the battery on
Punch-bowl Hill, announced the fact. His
Excellency, Gov. Kekuanaoa immediately
lelt the harbor in his new and beautiful barge,
to meet His Majesty. At 12 o'clock as the
little squadron, consisting of the schooners
Hoikaika, Paalua, Victoria, and the new
vessel recently built at Hawaii, came abreast
of the town, the salute of 21 guns v as fired
on Punch-Dowl hill. Soon after, the vcssels
with a fair breeze entered the harbor, and
His Majesty and suite embarked in the barge
for the shore, the Hawaiian flag flying at
the stern, and the Royal standard at the
bow. In passing the U. S. ship Warren,
her yards were manned and a Royal salute
fired, both of which attracted attention for
the beautiful precision with which they were
executed. His Majesty's household troops,
150 strong, and a company from the fort, in
all 350 muskets, were drawn up at the land
ing to receive him. The troops looked well,
were neatly accoutred, and their officers
made quite a showy appearance in their new
uniforms. His Majesty stepped ashore amid
the music of the band, and the roar of the
cannons from the water battery, and with
the Queen on his arm, attended by the Hon.
Secretary of State, G. P. Judd, their Excel
lencies the Governors of Oahu, and Maui,
the high Chiefs A. Paki, C. Kanaina, and
Colonel J. Stephens, under escort of the
military, proceeded to Mauna Kilika, the
building fitted for His Majesty's service
while he remains in town. A large con
course of people were assembled to witness
the royal cortege.
Her Royal Highness, the Premier, with
the ladies of her court, soon after landed
from the Paalua, and were received by the
military under arms, at Mauna Kilika, the
band playing the while "God save the
King." His Majesty, during the remainder
of the morning, was waited upon by the offi
cers of his Government, and of the Troops.
The royal party were in excellent health and
spirits. Royal audience was given at 8
o'clock in the evening to the Representatives
of Foreign Powers, and the residents gener
ally, who were received by their Majesties,
the King and Queen, Her Royal Highness,
the Premier, and the ladies and gentlemen
of the Court. The saloon was fully illumi
nated, the audience, numerously attended,
and for Honolulu, this friendly assemblage
of all parties, with the glitter of uniforms,
and the rich and tasteful dresses, both of the
Hawaiian ladies and foreign residents, ren-
Through the courtesy of R. C. Wyllic,
Esq., we have been favored with the perusal
of his manuscript Report on the Finances of
Mexico, with liberty to use it for our col
umns. Want of room alone prevents us
from publishing it in full, but we shall glad
ly avail ourselves of his permission to give
such extracts from it as space w ill allow ;
and we commence with his remarks upon
the contraband trade. Mr. Wyllie's infor
mation is derived from first sources, being
the result of long and laborious personal
investigations, during a residence in Mexico;
and the result attests the zeal and faithful
ness with which he labored in collecting and
collating his data. Wc feel assured that his
remarks will receive, what they so richly
deserve a diligent perusal. Mr. Wyllic is
a member of the Committees of the Spanish
and Spanish American Bond-lioldcrs.
BY AUTHORITY.
Office of Sec'y of State )
for Foreign Affairs. J
(CP BE IT KNOWN, To all to whom it may
concern, that ROBERT C. WYLLIE, Esq., hav
ing this day presented to this Department his letter
of credence from WILLIAM MILLER, Esq., Her
Britannic Majesty's Consul-General for the
Sandwich, Society, and other Islands in the Pacific
Ocean, which is found to be in due form, he the
paid Robert C. Wyllie is hereby acknowledged, by
order of His Majesty, as PRO-CONSUL for the
Hawaiian Islands.
Given under my hand and the Seal of the
Department of State, thin 19th day
l. s. of July, A. D. 1844.
(Signed) G. P. JUDD.
Errata. On our first page, in the second
column, second paragraph, for "sequestration" read
"Legislation." In the fourth column, first para
graph, for " Canter o" read "Canseco"; fat "that
the 5" read " that while the 6." In the third para
graph, for "actually inapplicable" read "entirely
inapplicable." In the last line of fourth column,
for "employers" read "employes." The Table
marked No. 2 will bo published in our next No.
Latest Dates.
From London, .March 12 Paris, March 18
United States, (New Orleans) April 26, Boston)
April 10 (New-York) April 11 Mazatlan, May
30 Society Islands (Tahiti) June 25. . ,-4 j.
FOR
SHIPPING INTELLIGENCE
THE, PORT OF HONOLULU.
1844.
ARRIVED.
July 28 Am. whale ship Nimrod, Sherman, New
Bedford 20 month ; 150 sperm, 2550 whale.
SrmiT of Love. Beyond all question, it
is the unalterable constitution of nature, that
there is efficacy, divine, unspeakable effica-
in iuvu. aiio twmmuon oi Kinaness nas
the power to bring even the irrational ani
mal into subjection. Show kindness to a dog
and he will remember it ; he will be grate
ful ; he will infallibly return love for love.
Shew kindness to a lion, and you can lead
him by the main, you can thrust your hand
into his mouth ; you can melt the untamed
ferocity of his heart into an affection strong
er than death. In all of God's vast, unboun
ded creation, there is not a living and senti
ent being, from the least to the largest, not
one, not even tho outcast and degraded ser
pent, that is insensible to acts of kindness.
If love such as our blessed Saviour manifest
ed, could be introduced into the world and
exert its appropriate dominion, it would re
store a state of things far more cheering, far
brighter than the fabulous age of gold ; it
would annihilate every ting ; it would pluck
cvere poisonous tooth ; it would hush every
discordant voice. Even the inanimate cre
ation is not insensible to this divine influence.
The bud and flower and fruit nut forth most
abundantly where the hand of kindness is
extended for their culture. And if this hies
sec! influence should extend itself over the
earth, a moral garden of Eden would exist
in every land; instead of the thorn and brier,
would sprinc un the fin tree and tho mvrtle ;
the desert would blossom, and the solitary
I I . 1 w mm
piace do maae glad. Ur. Upham.
SAILED.
July 27 Br. brig Laura Ann, Thomas; Tahiti
and Valparaiso. Passenger Mrs. Thomas.
PORT OF LAHAINA MAUI.
July 17 Am. whale ship Cambria, Harding, New
Bedford; 1050 sperm.
July 23 Bremen whale ship Mozart, Fischer, 20
months; 120 pperm, 4000 whale.
Shipping Mfmop atvdt'M. Stedman B. Stow,
ell, of Mansfield, Ct., and a Society Islander, be
longing to tho Am. whale ship Nimrod, were
drowned April 24 boat r.tovc, and they pcris-hed
with cold.
It is reported that ships are doing well, on N. W.,
this-reason.
"It is certain, that, though the agency
of the passions be necessary to the existence
of society, it is on the cultivation and in fluence
m uiu aiiecuons, that the Happiness and m
provemont of social life depend.'1
ADVERTISEMENTS.
New Books.
RECEIVED by the Globe, and for sale at this
Office, an invoice of New Books comprising
Frcderika Bremer's Novels, Howitt's works, Sartor
Rcsartus, Anecdotes of Napoleon, Marshall on the
Federal Constitution, School and Children's Books,
etc. etc. tf Am?. 3.
NOTICE
IS hereby given, that the partnership heretofore
existing between JAMES NOWLIENS and
SOLOMON D. BARROWS, was DISSOLVED on
the 25th day of June ult., by mutual convent. All
debts of the firm previous to the above date, will
paid by James Now liens, who w ill m future
no
conduct the business.
Honolulu, July 27, 1844.
S. D. BARROWS,
M. F. NOWLIENS.,
3w
For Sale,
THE two-story Stone Dwelling' HOUSE,
with SHOP adjoining, pleasantly t-ittiatcd.
opposite the Mansion House, and now occupied by
ine puiwcnoer. r ur icruin, apniy 10
Honolulu, July 27. tf ELI JONES.
Charlton's Trial.
JUST PUBLISHED, and for sale at this Office,
a Report of the case of George Peh.y vs.
Richard Charlton tried before His Excel
lency M. Kekuanaoa June 18 and 19. 1844
Single copies, 25 cents. tf July 27
Notice.
DOCTOR C. F. WINSLOW, from the United
States, haying established himself a permanent
resident at Maui, offers his services to thoso ncrsona
who visit that port, in need of Medical or Surgical
auenaance.
Maui, July 6, 1844. 6w -
75
American Beef and Pork.
BBLS. Mes Beef; 30 do. Pork; for sale
by C. Ml E 1 VRTi If CO. JJy 2h
For Sale,
THE good Sch'r PILOT, 20 tons, in
good condition, and well found.
For terms, apply to
July 20. LADI) & CO.
Arrow Root.
July 20,
C. BREWER &, CO.
For Sale,
ONE ROLL painted canvass Carpeting, con
taining 175 square yards. Applv to
July 20.
tf
C. BREWER & CO.
Valuable nook.
JUST opened, and for sale at this Office 3 in
voices of BOOKS, comnricinc the follow ire
valuable works, at home prices:
Marshall's Life of Washington, 2 vols ; Walpole's Let.
tcrs. 4 vols. i Murphy's Tacitus j Smith's Thwcidides :
Gillics's History of Greece Mitfoid's complete Works j
Frederick the Great, his Court and Times, in 4 vols.:
Madame 1e avenge and her contemporaries i ohelly's
Lives of Eminent French Writers, 2 vols.: Brougham's
Miscellaneous Writings, 2 vols.: Romantic Biography of
the age of Eluaheth, a vols.; WvllstQhd's City of the Ca
liphs, 2 vols.: The United Irishmen Their Lives and
Times by Madden t Brorchain's Celebrated Statesmen,
2 vols.: TiVkcrs Life of JefTerson : ( iiese lcr's Ecclesiasti
cal History, 3 vols.: Bulwcr' Miscellanies : Cooper's
Novels and Tales Dickens (Mo) Works: Hawthorn's
Tab's; Talcs of Shipwrecks : Daily Food (gilt) I The
District School j Lives of the Queens of England t For
guson's Hitory of Rome? The Arahisn Nights (Sheep,
gilt) j Whenton'a Right of Search : Kirov's History of
Animals: Roget's Animal and Vegetable Physiology
(with over 400 wood cuts ); Dockland's (Iroloiry (with
numerous maps and jJatcs ) The Porcelain Tower, or
nine Stories of China (extra cloth, with plates ) t Scrip
ture Geography j Peter Piluoiin Hub of ihe Bowl i Fain,
ily Records j Stnimer, or Mesmerism ; Grcvslaer, a Ro
nianre ; Robin Day ; Lights, Slndovs una RrftVtiona
of Whi and Tories; L' khart's Life tf cMt j Shaks.
jciire j dir. to. June 15.