Polynesian. [volume], August 17, 1844, Page 53, Image 3

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T il il I O L Y N K S I A N .
53
rights of citizenship ore guaranteed to na
tives by the fundamental constitution, and
where laws are by the' Constitution forbid
den to be past, expatriating the citizen, no
native can be expelled the country, or out
lawed from its protection. In monarchies,
like those of Great Britain and France, the
native subject cannot, so long as he contin
ues loyal to the sovereign, and obedient to
the laws, be expatriated or outlawed : but,
when the political safety of the state requires
it, such nations can reject from their bosoms
the ingrate and the traitor ; and may, by
attainder, even disfranchise him and his is
sue. Such monarchies may, in like man
ner, outlaw and proscribe the disobedient ;
or, for the commission of crimes, transport
to foreign imprisonment for life or a less
term. Yet even then it depends upon the
nature and avowed extent of the banishment,
whether after all, the expatriated subjec t,
will not still be an r2nglishtnan or a French
man, after he is banished : (i. e.) whether
he will not still come within the sentiment
"no man can throw off his country." If
caught in arms against his native country,
the fact of ordinary expatriation, will not ex
cuse him from punishment, as a traitor. If
the exile be fixed, as at Van-Dieman's Land,
or any other convict colony, the excluded
subject is still, in contemplation of law, in
his own country ;-not in the parent Isle, but
in one of its branches or out-door appart
mcnts. Great Britain can by act of Parlia
ment, entirely alienate the subject, with his
consent, so that he might even take up arms
afterwards against her. This has been de
cided but the United States cannot dissev
er its native citizens, even by act of Con
gress ; although, there havc not been want
ing jurists of emtninence, who have reason-
ed cogently to the contrary. The constitu
tion of that country, guarantees to its na
tives inalienably, all the rights privileges and
immunities of citizens. The question has
never distinctly come before any competent
court of Judicature in the United States,
whether the consent of the citizen, with the
concurrence .of Congress, would work a to
tal alienation ; but, the general opinion is it
would not. This however, must be under
stood to be the converse of the rule, " no
man can throw off his allegiance," or, no na
tion can throw off its subjects, except in accor
dance with the law of the land. Where con
stitutions forbid the passage of such laws,
there can be none ; and in countries where
laws can be passed to that effect, they are
intended as punishments not as favor3. To
free the subject from allegiance by way of
punishment, would rob the vindicatory stat
ute of half its penalty, by placing it in the
subjects power, to levy war against his na
tive country.
This is abstractly a view of the relationship
subsisting between the native country and the
subject, as Vattcl clearly demonstrates, and
has nothing to do with the obligations to alle
giance which that citizen or subject may come
voluntarily under, to other nations. A man
may swear allegiance to several nations suc
cessively, and will owe it to them all ; while
at the same time, his native country, not hav
ing disfranchised him, he can enjoy without
condition, all the rights which the accident
of birth at first bestowed. This is daily ex
emplified in the practice of all nations.
Commodore Porter, after swearing allegi
ance to Mexico and renouncing his allegi
ance to the United States, returned to his
native country, and without the least ques
tion was appointed Consul General to Con
stantinople. Henry Kckford, after swearing
allegiance to the Sublime Porte, and re
nouncing that to the United States; pur
chased and held land in the United States,
things which no alien can do in that coun
try ; and while ho yet resided in Constanti
nople, petitioned and received compensation
from Congress for past services. In Great
Britain, the Statute 14 and 15 Henry 8. c. 4
enacts 'As if an English subject go be
yond the seas, and there become a sworn sub'
ject to a foreign prince or state, he shall, while
abroad, pay such impositions as other aliens
do." It has also been decided in England.
o - -
steering between the sentiment and the real
lty of this doctrine, that "the practice' of nat
uralizing foreigners is not peculiar to the En
glish constitution ; ami thou gh the stranger
thus adopted, becomes a subject op the
STATE THAT WELCOMES HIM, yet he does not
release himself from his natural ullegiance to the
government under which he teas born." 1 Bos
and Pull 413 Bac. Abrig. "Alien," a 1
Woodeson 332.
An American citizen residing in a foreign
country, may acquire the commercial privileges
attached to his domicil, and by making him
self THE SUBJECT OF A FOREIGN TOWER, he
places himself out of the protection of the Uni
ted Slates, while within the territory of the sov
ereign to whom he has sworn allegiance."
'i Crunch's Rep. 01, Sup. Court, U. S. 1804.
"Tc national character of a person is to be
decided by his domicil." 2 Gall Kep. 'JGS, c.
c. Mass. 1314.
"A citizen of the United States, domiciled
in the enemies country, not only in respect to
his property, but also as to his capacity to sue,
is deemed as much an' alien as a person ac
tually born under the allegiance, and residing
within the dominions of the hostile nation."
'2 Gall. Bep. 18.3, C. C. New Hampshire
1314. LlOAMEN.
Honolulu, 12th August, 1844.
THE POLYNESIAN.
OFFICIAL JOURXAL OF Tlili HAWAII AS
iiOVKRXMIlST.
HONOLULU, SATURDAY, AUGUST 17, 1814.
Our columns in our last were so crowded,
that we had not sufficient room for all the
remarks which the celebration naturally
gave rise to. At this hour other matters of
interest are on hand; indeed we are so pres
sed for space, that we must beg the indul
gence of our correspondents for any seeming
delay in the publication of their contributions.
But we cannot take leave of the festivities of
the week of the 31st, without expressing our
commendation of the good order and sobrie
ty that prevailed. It was strictly a Temper
ance lestival, and the results proved that
wine at large entertainments is not necessa
ry to give life and enjoyment to the guests.
Throughout the whole, the utmost good-humor
and vivacity were manifested. Among
the thousands of the populace who made this
period a season of merry-making, it would
be a matter of astonishment, if intemperance
to some degree had not prevailed, particu
larly when the temptations are so numerous
as in this town. In what population on the
globe should we not have found it; but here
with all our inquiries we have learned of but
a few cases, and those partly foreigners.
This fact speaks loudly in favor of the influ
ence of the King and his officers A dispo
sition to revive obsolete and idolatrous prac
tices still obtains amon" certain classes of
the indigenous population, and occasions
like the past, have a tendency to call them
forth. The generation of heathen not hav
ing as yet passed off the stage of existence,
this is to be expected, but the instances of
such conduct are rare, and excite the con
tempt and ridicule of the better informed.
A few individuals came the last week to
make offerings to His Majesty according to
the old custom of the land. Upon arriving
at the fort, and coming before the Governor,
they assumed to be different characters cele
brated either in their past history or mytholo
gy. One claimed to be Pele; another said
he was Kamehameha I. "How is that,"
said the Governor, " Kamehameha I, was a
large man and you are a little fellow, you
are a liar; guards put him in irons." Their
claims to preternatural powers, being sub
mitted to such a scrutiny, they made olTwith
themselves.
By the recent arrival from Tahiti we have
intelligence of a months later date. On the
last of June another battle was fought at
Point Venus, or more properly a bush-skirmish,
but the results to either party we have
yet to learn. A Mr. McKeen, an English
missionary was killed by a random shot from
one of the parties, but whether he came by
his death accidentally or not, we have not
been able to ascertain. Tho Tahitiaus had
approached nearer the town, but no decis
ive attack had been made. Great fears were
entertained of their firing the town ; a Ro
man Catholic mission house had been alrea
dy consumed. The English war steamer
still lay in the harbor of Papeite, and the
Ketch Basilisk had left it was reported for
this place. 11. B. M. frigate Carysfort,
Lord George Paulet commander, arrived the
second week of July, and saluted the French
Admiral's flag. She brought intelligence of
the recall of Admiral I)u petit Thouars and
the retrocession to the Protectorate. Queen
Pomarc had embarked on board the Carys
fort for Kaiatea ; thence it is said the frig
ate comes to this port The English mis
sionaries, it is said are preparing to leave,
either for Sydney or the coast. All business
is at a Ktand, and affairs generally in a most
deplorable condition. S. Blackler, Esq.,
U. S. Consul was about leaving for the Uni
ted States.
Thc Right Hon. Lord George Paulet,
the individual who has made himself so
conspicuous in the annals of these islands,
and whose name will endure in connexion
with them while they continue to lift their
heads above the waves, arrived at this port
on the morning of the 16th. Wc have not
learned as yet the occasion of this visit, but
presume the Right Honorable Lord will feel
gratified in witnessing for himself, the pros
perity of the country and its rapid advance
since his departure.
H. B. M, frigate Carysfort exchanged sa
lutes with the batteries a few hours after her
arrival.
F 0 II
SHIPPING INTELLIGENCE
THE PORT OF HONOLULU.
1811.
ARRIVED.
Aug. 10 Am. wh. brq. Vermont, Nash, Mystic
S 1-2 months; 830 bbls. whale oil. On tho 10th ult.
left tho whalin ground on account of 2 men Jas.
Cole, 2nd ollkcr, and William Crawford, seaman,
who were seriously injured by their boat being stove
by a whale. Crawford had both legs and an arm
broken. Spoke Am. whale-ships John Jay, of Sag
Harbor, 4100 bbla; Richmond, of Coldspring, 1400.
Aug. 11 Am. brig Lafayette, Winchester, 36
hours from Hilo.
Aug. 1I- Eng. brig Nimrod, Mayhew, 20 days
from Tahiti.
VAug. 16 H. B. M. ship Carysfort, Lord George
Paulet; from the Society Islands.
Aug. 1G lir. soli. Mary, Shannon, acting captain,
from Canton, June 14 vn Maui; left LahainaAug.
15th. Capt. Molbye, master of the sch. died at sea
Aug. 9.
SAILED.
Aug. 10 Swedish brig JJuIl, Wurngren, Manila
and China.
Aug. 12 Am. whale-ship Nimrod, Sherman; for
Nev Bedford.
Aug. 15 Am. whale -barque Vermont, Nash; to
cruise.
PORT OF LA II A IN A MAUI.
AnillVKp BOUND HOME.
Aug. 9 Ship TJlack Warrior, Sisson, N. London
21 months; 3 to sperm, 1250 whale, 10,000 lbs. bone.
Aug. 11 Ship Archer, F. Uickettson, New Bed
ford 35 months; 1400 sp., 1000 wh., 10,000 lbs. bone.
Aug. i j Ship Thomas Williams, Manwarring.
Stonington
ADVERTISEMENTS
C. II K E XV E II & CO.,
GENERAL COMMISSION MERCHANTS,
Honolulu, Oahu, H. J.
CtlARltft I'hewkr,
Jameh V. B. Marshall,
Francis Johnson. )
TVN. R. If anted Bills on the United States,
Knolanp, Sic. for which money will be advanced, on thp
most favorable terms. n" AuK.
For Snip.
THE HOUSE and premises owned and for'
meily occupied bv A. II. F
For further particulars, enquire of
Aug. 10. EDWARD C. WEBSTER.
Fire. Wood.
"fl tflHfh CORDS of fire-wood, for sale by C.
unr.nr.K K tu,
Aug. 15.
Chronometer.
A GOOD Chronometer for Bale, apply to C.
BREWER & CO. Aug.; 16,
Oars.
Whale
by C. BREWER & CO. Aug, 17.
rtStfliiTUffi FEET Whalemen's Oars, for sale
AUCTION I I
WILL be fold at public auction on Thursday
next, (Aug. 22.) at 10 o'clock A. M. at the
store of C. Brewer & Co., the following article,
v"5 . .. r ii. '
2 qr cask, Sic. Ma. wine, of superior quality, 1
60 Boxes of Dutch Claret wine. - .
50 doz. Ale,
2 New Dory Boats,
3 Boxes Swain's Panacea, ''
1 bale Imitation Russia Sheeting,
1 case Marseilles Quilts,
1 box Castile Soap,
3000 feet of American Oak Plank,
2000 Boards, - 4
2 cases Long Cloth, '
1 Stout Horse Cart, (new.)
1 Harness for the same,
1000 Pine Slats for fences,
2 Ox Yokes with Bows.
Auff- 17. WM. PATY, Auctioneer':
NOTICE.
npo THE CREDITORS ON Mr. F. J. GREEN-'
JL WAY'S ESTATE. Mr. Fkkncii, wishing to
make the security of the books and papers compati
ble with the utmost possible convenience to the
Cicditors, under the trust and responsibility of their
safe custody confided to him bv their Resolutions of
the 3d instant, begs to establish the following
RULES.
1. The hours when Creditors can have access to
the Reports, Books, &c, are from 11 A. M. to 1 P.
M., of every lawful day.
2. Every Creditor desiring reference to the Re
ports, Books, &c,, shall give a day's previous notice
in writing.
3 Every Creditor shall receive what Books and
Papcis ho may wish to refer to through Mr. James
Austin, who will be present duiing the examina
tion, and to whom every Creditor must return the
documents he examines, before he departs. ,
4. Every Creditor is requested to replace the Pa
pers in their respective envelopes and packets, as
left by the Committee of Enquiry, that no confusion
may arise to the prejudice of other Creditors wish
ing to exiur inc.
5. No Creditor will be allowed, upon any pretext
whatever, to take any Book, Report, Paper or Doc
ument, out of the room whete they are kept. '
6. No Creditor shall have the use of ony one
Book, Document or Paper, when another Creditor
wishes to consult it, except on alternate hours.
7. Every Creditor shall sign his name in a book
which Mr. Austin will present, with the date of his
attendance, that if any Book or Document should
be abstracted, contrary to these Rules, there may
be some clue to the party.
(Signed) WILLIAM FRENCH,
JULES DUDOIT,
(Chairman,)
Honolulu, August 5, 1844. tf
In Chancery.
JULES DUDOIT vs. HENRY S. SWINTON.
rillHE above named complainant, Jules Dudoit,
JL having presented a sworn petition praying for
the foreclosure of a mortgage given to him by the
above named defendant, upon the property in Hono
lulu called the "World End," and upon other
pioperty situated in Nuuanu Valley, set forth in his
petition. All persons interested are hereby notified
to appear before me, at the Fort of Honolulu, on
the 20th day of Aug. inst., at 10 o'clock, A. M., and '
show cause, if any they have, why a decree of fore
closure should not be made, and tho property mort
gaged old for the benefit of said Jules Dudoit. '
Three copies of this notice are ordered to be post
ed in ditlerent parts of Honolulu, und two insertions
of the same in the Polynesian newspaper, for the,
benefit of all concerned.
Given under my hand at Chambers, this !
7th day of August, 1844.
Aug. 10. M. KEKUANAOA.
Ma ka Oihana hooponopouo Kanawal.
JULES DUDOIT hue ia HENRY SWINTON.
KSTO KA MEA, ua hoopii mai ka mea hoopii a
INI hoohiki no hoi, e noi ana mai no ka hoomalu
ana o ka waiwai ma Honolulu, ua kapaia o " World
End," a o kekahi waiwai ma Nuuanu, e like me
kana palapala hoopii, nolaila lohe oukou e na mea a'
rau, e hoakaka mai imua o ko'u alo ma ka Papu o'
lonolulu, ma ka la 20 o Augate nei, hora 10, o k
Kakahiaka, ina ho kumu ko oukou, e hooole ai ka
olelo c lilo mai ai, a e kukala ia'i no hoi ua waiwai
la e pono ai o Jules Dudoit.
E kauia i ekolu palapala e like me keia ma ke
Kulanakauhale o Honolulu, a elua pai ana ma ka
Polynesian nupepa, i lohe na mea a pau.
Kuuk ko'u lima, ma ko'u Hale,
i keia la 7 o Augate, 1844.
(Signed) M. KEKUANAOA.
Sheriff's Sale.
NOTICE U hereby given, that on FRIDAY, the
23d inst., at 10 o'clock, A. M., will be sold at
Public Auction, to the highest bidder, the following
articles, viz
2 Carpenter's Work Benches;
7 do. Wooden Horses;
1 Table; and several parts of a Bureau
A lot of Carpenter's Tools;
Levied upon by virtue of an execution issued by the
Infciior Court of Honolulu, to meet the payment
of judgment given by said Court, against William
Connor, with interest and costs.
Sale to take placo on the premise? of the said
William Connor. R. B.OYR. .
Honolulu, Aug. 9th, 1844, High Sheriff.
For DostoB,
THE coppered and copper-fastened
Brig GLOBE, J. Doane.wjII fond fox
the above, port. . She. is well calculated
for carrying Oil.1: . ' , .
. m t - T . . . 1 u
tor height or parsagc, navmg good accommo
ctat ions, apply to the master, on board, or to
Aug. 10.
tADQ & CCU
4 .
Notice. '
A it nroenvo i v... . ..u..
trusting any of the crew of the British ship
Wm. Ackers, as no debts of their contracting will V
paid by tho master or consignees.
Honolulu, Aug. 12, 1844, tf