Polynesian. [volume], August 31, 1844, Page 62, Image 2

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

Image provided by: University of Hawaii at Manoa; Honolulu, HI

                
02
T H K I' O L V N E S I A N .
tehether it can perform any office for another
nation, without nrglccting the duty, which it
xtti to itself. n
Anxious to preserve inviolate the omnipo
tence of domestic sovereignty, nations have
made laws cither in the legislature or by ad
judication in the courts of justice, which
they act upon in regard to their own subjects
resident in other nations. These are inten
ded to weaken, and in some measure remove,
the bad effects which all would alike fori
from the harsh rule nemo potest exuere patri
om; because if harshly construed every na
tion would be bound to go out exlraUrritori
ally in defence of its vagabond subjects.
England, France and the United States cs-
pecially, have both by statute and by numer
ous adjudications declared that they will not
consider their subjects and citizens amena
ble to their laws while they reside in a for
eign dominion, except for treason in levying
war against their native country, and except
for crimes and misdemeanors committed in
their own ships upon the high seas. These
nations have decided again and again that
the domicil shall characterize the nationality
for all temporary and local purposes that
they will not interfere with the internal ad
ministration of justice in a foreign country,
as between that country and their subjects
or citizens resident there. That the proper
ty of their subjects resident in a country at
war with them shall be considered as ene
mies' property, and equally liable to capture
as such. That when domiciled abroad their
subjects shall not be entitled to particular
and special protection, except for a breach
of national comity, as, if all the subjects of
one nation be expelled the country, and
those of others suffered to remain, which has
been twice done in the republic of Mexico.
Or, if the subject of one nation be punished
for doing that, which, would be tolerated of
another: for these savor of disrespect or ill
will to the nation whose subject he is. And
they have even gone still further and de
clared that, when their subjects and citizens
go abroad, and there take the oath of alle
giance to a foreign sovereign, they shall
not be considered to have renounced it and
fully reinstated themselves as native subjects,
by barely returning home, unless the animus
or intention be to abandon the country, to
which they have so sworn allegiance. An
Englishman, a Frenchman or an American
who has taken the oath of allegiance to Tur
key, may return home on a visit, and may
remain at home for an indefinite time, ani
mus revcrtandi to Turkey and will still be
considered by his native country, for many
commercial and other purposes, a Turk.
This would be the case both in England and
the United States, as regards the eligibility
to office or to vote the liability to pay du
ties, and the liability to capture and confis
cation in time of war; unless the animus non
revcrtandi to Turkey were manifest.
Mr. Justice Story says, Conflict of Law,
p. 43: "The moment a foreign domicil is
abandoned, the native domicil is reacquired.
But a mere return to his native country, with
out an intent to abandon his foreign domicil,
does not xeork any change of his domicil.
Numerous cases recognizing this princi
ple have been decided in the Admiralty, in
the Circuit courts and in the Supreme court
of the United States, and in the K. D. and
Chancery of England, among which are the
cases of " The Venus," 8 Cranch's R., 278,
281; "The Frances," 8 Cranch, 335; "The
Indian Chief," 3 Rob. R.t 12; "Bempdc
m. Johnstone," 3 Vesey, 198, 202; "The
Friendscraft," 3 Wheat. R., 14: Ommany
m. Bingham cit'd 5 Vesey, jr. 756, 757, 765.
LlGAMEN.
Honolulu, 25th. August, 1814.
THE POLYNESIAN.
OFFICIAL JOVRSAL OF THE IIAUAILLS
GOVEIIXMIZXT.
HONOLULU, SATURDAY, AUGUST 31, 1844.
One Way. It is not every girl that would
think of the following method of obtaining an
avowal from her lover
"I see," said a young lady, "that some
booksellers advertise blank declarations for
sale, I wish I could get one." "Why?"
asked her mother "Because, ma, Mr. G.
is too modest to ask me to marry him, and
perhaps if I could fill a blank declaration with
the 'qufition' h would Hgn it."
OKDER IN COU N C I L
Or Ills 1 1 A W A 1 1 A X MAJKBTY, PRF.HCniHINtl A
Code Or Etiquette, June 21), 1844,
Is the title of a law enacted bv the King
and Premier in the recess of the Legislative
Council, pursuant to the constitution, and
heretofore published at length in the Polyne
sian of the 20th. ult. Such an ordinance
was deemed highly necessary, in order to
prevent collision find conflict among the rep
resentatives of the different nations bavin"
accredited agents at His Majesty's court;
Cifch of whom would very naturally claim
for himself and his nation, precedence of the
rest, on account of favors in time past to
His Majesty's government. It was equally
necessary on account of conflicting claims
to precedence, on the part of the chiefs and
functionaries of the government itself: and
having most immediate regard to an anniver
sary feast in prospect on the .'31st. July, when,
more than at any other time, offence might
be unwittingly given: His Majesty referred
the subject to his crown adviser, who re
ported it to be already abundantly provided
for by a general convention of all the prin
cipal states of Europe, adopted by all the
minor ones, and acted upon in America.
Thus making the Convention' of Vienna,
on the general pacification of Europe, a
general and binding law of nations. His
Majesty was advised that he could not abro
gate that law, but raust necessarily adopt it;
and that it was at once the safest and wisest
rule of procedure that could be devised for
his government. His Majesty, as appears
from the Order in Council, was further ad
vised that the Articles of Vienna mirht be
legally so construed as to admit of " distin
guishing among nations, but not among minis
ters;" not that it was expedient to do so.
The course adopted by France, and acqui
esced in by the other powers, is to arrange
the nations represented at her court, by the
alphabetical order of their names; as for ex
ample, a, Austria u, Belgium c, Colom
bia Republic of) d, Denmark, &.c, which
would bring Great Britain, the name ta
ken in the alphabetical order of the French
court, the seventh remove from a; and the
United States, at the end of a royal salute,
or the 21st. after a. Tnis is evidently what
the Crown adviser meant by its being legal
ly possible to distinguish among nations,
though not among ministers. The rule should
be of an arbitrary nature, disconnected from
all favors; because the sixth article of Vien
na expressly enacts that favors shall not
constitute a justification for distinguishing
among nations as to place. Upon the same
arbitrary rule a newly recognized nation
might, instead of the alphabet, take as its
guide the numerical dates of its recognition,
as numerical dates not as favors because,
recognition goes upon the principle of justice,,
and not of favor. Such a nation could sav
it was first known to this power; secondly
to that power, &.c; which would be true.
This rule would bo especially proper when
it is considered that recognition is simple
acquaintance and correspondence between
nations. It is the simple acknowledgement,
on the part of the power making it, that the
nation recognized is politically in esse or ex
istence, and entitled to the consideration
and courtesy due to a nation. Going upon
this logical hypothesis, the Attorney Gener
al advised His 3Iajcsty that, at the moment
of making his report, as well by the literal
wording of the Articles of Vienna, as by the
arbitrary rule, the different nations in reci
procity with him, stood in the following
order:
1st. The United States or America,
2d. Great Bjutain,
3d. France;
because the United States at that moment,
had a diplomatic Commissioner here Great
Britain a Consul General, and France a lo
cal Consul and because the Commissioner
had first presented his credentials ut the
Foreign Office; the Consul General had
presented his, second; and the Consul had
become diplomatically known last. Nothing
could be more strictly in accordance with
the Articles of Vienna than this; the Com
missioner being by the law of nations one
grade higher than the Consul General, and
he, on account of the extension of his charge,
one grade higher in name and rank than the
Consul, whose duties arc confined to one
place. Here then was a coincidence with
the dates of the presentation of those minis
ters' credentials, which would render a re
sort to alphabetical or numerical arrange
ment unnecessary : and as well on this account
as to guard against the appearance of offence,
His Majesty, in decreeing his Order of Pre
cedence, founded upon the Attorney Gener
al's report, omitted to adopt that part of it
which alludes to the possibility of distinguish
ing among nations. Decreeing the Articles
of Vienna to be in force here, His Majesty
prescribes that, diplomatic rank as defined
in the books, should form the first criterion
of precedence at his court; and that where
this criterion should become impractible, by
reason of all or any of the Foreign agents
being of the same rank, then that the date
of presentation at the Foreign Office should be
resorted to, as the next least invidious crite
rion of distinction.
Shortly after the adoption of this Code of
Etiquette, the American Commissioner went
on a tour to the island of Hawaii, and of
course carried his title to precedence away
with him. William Hooper, Esq., Vice
Commercial Agent, was by the 1th. Article
of the Code the representative of the United
States, for purposes of ceremony. This
brought the British Consul General first in
rank at the court, and entiiled to precedence
over all the rest. But before the anniversa
ry of the 31st., H. B. M's Consul General,
having accredited a Pro-Consul, departed
for Tahiti; thus a second time chancing the
order of precedence which would take place
at the feast. The Pro-Consul being some
what less in name and rank than the Consul
ofF ranee, fell, for that reason, below him.
Now it should be observed, that both the
Consul of France and the Pro-Consul of
Great Britain were active diplomatic agents
at this court, and for the time being, repre
senting their governments directly and sole
ly; which, of itself, gave thcrn claims inde
pendently of any rank, that might be urged
in discussing the difference between a Pro
Consul and a vice, or pro Commercial Agent,
to precede the Vice Commercial Agent of
the United States, who was to be, under the
4th. Article, a representative by courtesv,
at the approaching feast; there still being
within the kingdom, to wit, at Hawaii, a di
plomatic Commissioner of that power. So
that, from being first in order, according to
rank and presentation of credentials when
the Attorney General's report was made, the
United States became last, France became
first, and both an account of the word pro,
which meansor or vice, and on account of
the date of the presentation of the Pro-Consul's
credentials, Great Britain became sec
ond. It is natural, reasonable and right, to
toast the sovereign whose minister happens
to have precedence at court next after His
Majesty the King, who, the world over, takes
precedence at his own court, over all other
sovereigns. This was hence the order of
toasts and royal salutes on the occasion of
the feast of the 3Jst. of July.
We gather from this review the admirable
adaptation of the rules of Vienna to prevent
the appearance of invidious distinction in
matters of etiquette. The whole order of
precedence was changed from the date of
the Attorney General's report, 21th. June,
to the 31st. July, by the American Commis
sioners going to Hawaii; and secondly, by
the Consul Genral's departure for Tahiti.
Yet, there was a rule left for arranging the
Foreign diplomatic Corps on that occasion,
from which the government of His Hawaii
an Majesty had no option to depart.
That this has since given dissatisfaction
is to be regretted, but cannot bo helped, as
this governmrnf is expressly forbidden by
the Articles of Vienna, which arc the adopt
ed law of nations on this subject, to accord
precedence on account of past favors. To
have done so would have been a direct vio
lation of the international code. And it is
to be hoped that the generous guarantors of
this young nation will always magnanimous
ly overlook what, in its efforts to comply
with the international code aud the rules of
practice, may unfortunately look like dispar
agement to cither of them. Construe the
act by the intention with which it is done
not by their respective abstract claims.
From the Oregon. The colonists hate
formed for themselves a government, adap
ted to the exigences of their case. It is
purely democratic. Their legislature met in
June, and passed several important laws,
among which was one prohibiting the sale of
ardent spirits. At the election in May Dr.
Babcock was elected Supreme Judge, and
Dr. Bailey one of three governors that com
posce an Executive committee. In March
last, at Willamette falls, an affray occurred
which resulted in the death of two whites and
an Indian. Doct. White the Indian agent
had offered a reward for an Indian, charged
with committing depredations. The Indian
hearing of it, assembled a band of followers
at the Indian village on the opposite side of
the river, on which the settlers reside, and it
is said attempted to excite them to attack the
town. Not succeeding in this, he rccrossed
the river at the head of a small party. A
few of the whites, not anticipating resistance,
determined to apprehend him. A young
man, Lc Breton by name, in advancing up
on him, received the contents of his gun in
his arm, mutilating it in a shocking manner.
After receiving the wound he knocked the
Indian down. A general melee then com
menced which resulted in the death of the
Indian and the wounding of another man
named Rogers. The Indians then made
their escape uninjured. Both of the whites
who were wounded, soon after died, from
the effects it is supposed of the balls being
poisoned. This affair created much excite
ment at the falls at the time, but nothing has
since occurred to disturb the peace of the
settlement.
7000 new settlers from the States are ex
pected the ensuing fall. The Methodist mis
sion was selling off their property, the prin
cipal purchasers, being the ci-devant mis
sionaries themselves. The Hudson's Bay
Co. has purchased the mission property at
the Falls. The settlements were very pros
perous and the settlers contented with their
prospects.
The day before the Chcnamus left the
river a Belgian brig from Antwerp arrived
with nuns and ecclesiastics for the Roman
Catholic Mission.
Extract of a letter from our corespondent dated
July 12.
"I notice in one of the Polynesians, in an
article headed 'Recollections of Oregon 1 a
statement that 'the river Willamette is navi
gable for salrnoners and small brigs to the
lalls, 25 miles up from the mouth of the Co
lumbia. "Now this is calculated to give a very
wrong impression. What the writer of that
article calls a 'salmoner' I am not able to
determine, but I am pretty sure that Capt.
Couch, jamed his smai brig, the 'Mary
land among the rocks some distance from
the Fallsand that it cannot be considered
navigable for craft suitable for sea service.
la vessel can get over the Klakamus
rapid and shoals ,t is only at extremely high
stages of water." J b
Prince Albert's Birth Day Monday,
the 26th. On this anniversary the English
vessels in our harbor were gaily decorated
with flags; H. B. M. vessels Carysfort and
Basilisk in particular making a very pretty
show from the quantity and variety of bun
ting displayed. At noon a royal salute was
fired from the Carysfort. Her commander
Lord George Paulct gave a dinner party on
board, and in the evening the ship was. bril
liantly illuminated. At nine o'clock another
royal salute was fired, and instantaneously
upon the firing of th Iat gun, the ship from