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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.