Polynesian. [volume], September 21, 1844, Page 74, Image 2

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

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t ii 1: p o l v x i: s ian,
Sr.rTn.MBER,
THE POLYNESIAN.
OFFICIAL JOUTiSAL OF TIfF lAUAILW
GOVFHSMFST.
HONOLULU, SATUKDAV, SEPT. 21, 144.
Through the politeness of Win. Hooper,
Esq. U. S. Consul, we have been favored
with the perusal of a few papers of dates to
May from the U. S., brought by the Sophie,
via. Monterey. The main topic is the dis
cussion on the, treaty for the annexation of
Texas, and from all we can gather, it is
doubtful whether it will be ratified by the
Senate. The hostile feelings exhibited by
the Mexicans give rise to rumors of war,
but wc see no reason to apprehend such a
result. It is said however, 4000 Am. troops
are on the borders of Texas and four men of
war off Vera Cruz.
Clay has been nominated by the Whigs
for the Presidency.
Bernadotc, King of Sweden is dead.
Spain contemplates declaring war against
Mexico, although distracted by intestine
troubles herself.
The dismissal of Mr. I'ritehard, from the
Consulate of Tahiti is announced, also the
rumored appointment of M. Agenor do (Jns
parin, as Louis Philippe's Commissioner to
Queen Pomarc.
A new Commercial treaty has been nego
tiated between Prussia and the United States,
by which the products of both countries arc
respectively admitted at lower rates than for
merly. The chief reductions on American
articles arc on tobacco and lard.
Gen. Tom Thumb has been most gracious
ly entertained by Queen Victoria, who fed
him with her own hands with bonbons, and
was much amused by his diminutivenes, wit
ticisms, and the spirit with which he sung
Lucy Long. Tom is really the most remark
able man of the age.
I APPOINTMENTS.
Capt. D. P. Pemiallow to be a Pilot
of Honolulu, vice Alex. Adams, removed.
John Nealy to be a Pilot at Hilo.
Translation of a Decree
Relating to the Importation ok Foreign
Goods into the Ports ok Upper and
Lower California, issued on the 30th
or Jolv'last.
H. 13. M.S CONSULATE GtJf'li,
Honolulu, Sept. 20, 1841.
Sir, I have the honor to enclose to you,
for the information of the merchants residing
in the dominions of His Hawaiian Majesty,
a Translation of a Decree relating to the
Importation of Foreign (Joods into the ports
of Upper and Lower California, issued on
the 30th of July last, and received by mc
yesterday.
I have the honor to be, Sir,
Your Obedient Servant,
IIOHEKT J. WYLLIK,
. Fro Consul,
i. P. Juno, Esq., fifc'y of Stat" )
for Foreign Affair, Honolulu.
The citizen Manuel Miciieltokkna, General
f Brigade of the Mexican Army, Adjutant
General of the Staff of the same, Governor,
Commander General and Inspector of the
Department of California.
The attention of the Government having
been imperiously called to the continual in
troduction (new this year) of foreign goods
brought from Mazatlurt and San Was in na
tional vessels of this department, and it be
ing public and notorious that these arc sold
at prices which would cause the ruin of the
merchant, if they had paid the duties estab
lished by law, thus leaving no doubt that
such goods, although coming with their re
spective permits (guias) have not been law
fully introduced, but have evaded the pay
ment of the. national duties which here or
there ought to he paid, from which infallibly
rciulta the destruction of the commerce in
good faith, which is carried on in the De
partment, by vessels arriving direct from
foreign ports, seeing that these, besides pav
ing the legal dutie, which are high, have to
incur excessive expense?, no tyrtt. fhr
length of their voyage, tit. in fnm their long
detention on the coast, always of two or three
years required to exchange their cargoes for
hides and tallow the money of this country.
And also as repeated complaints have been
made and as the ruin of the country and so
cial order will result, without the interdic
tion of two or three of these vessels which
arrive, annually, on the proceeds of whose
duties, the civil and military employes only
half subsist, it being my duty to remedy so
great an evil, until the national superiority
can sanction my measures, in the exercise
of the powers transmitted to me by the su
preme government, to promote the welfare
ofthis beautiful and remote department, I
am under the necessity of decreeing as fol
lows :
A nr. 1st From this date, it is prohibited,
undes penalty of confiscation, to all vessels
to bring or import goods of foreign manufac
ture of every kind, proceeding from Mazat
lan, San llas, or any other port on the south
ern coast of the republic.
Aut. All vessels which not knowing
this decree, may pretend to import foreign
goods, beyond the preemptory period of six
months from this date, under the pretex of
their being nationalised, be their origin or
port of departure what they may, will be val
ued at and have to pay upon said goods the
duties of importation and other imposts which
are paid on goods, in good faith, proceeding
from foreign ports.
Aur. 3d All em ployes of the maritime cus
tom house, and of the coasting trade, also
all civil add military, who mav connive at
the least, infraction ofthis decree, will be im
mediately dismissed from office.
Aut. -1th The collector of the contraband
of this port will order it (the decree) to be
put up in all the offices under his jurisdic
tion, will distribute copies so as one shall be
given, under receipt, from his subalterns, to
every vessel touching in the ports or roads
on this coast, not having before received a
copy ; and in this or Monterey, the Custom
house will keep a formal Register, signed by
the captains and supercargoes so inform
ed, and by the collector.
Art. o. To vessels having a knowledge, or
having received a copy ofthis printed decree;
no excuse will be allowed," and to vessels
newly arriving, they shall be allowed to en
ter for once, and notice shall be given im
mediately on their arrival on any point of
the coast, it being understood that the sec
ond point ofthis article applies only to six
months from this date.
And that nobody may plead ignorance, 1
demand that it may be printed, published
and circulated, and exactly and literally
fulfilled.
(iiven in the palace of the Government of
California, Monterey, this 30th of July
184-1.
(Signed) MANUEL MICHELTOIIENA.
(Countersigned)
MANUKL JEMENE, Sm-rtmy, .fv.
Ily Authority.
The Government wish it to be distinctly
understood that in giving publicity to the fol
lowing statement of Mr. Hooper, it does so
upon a parti'il promise made to allow him to
publish it in the Government Organ. The
Government will not condescend to answer
it, or to enter into a newspaper dispute with
the author. This is therefore, to be the la.-t
as it is the first, private; .statement of a con
troversial nature, allowed to enter our col
umns in which the authorities of His Majes
ty's Government are disputed. The reports
of the courts are epitomised for this paper,
under the sanction of Government authority
and are printed for public information, not
for the purpose of being disputed. Should
any party desire to question these decisions,
they must resort to the Supreme Court, or,
should they wish to engage in a newspaper
controversy, they are referred to the public
press which is unconstrained. The Govern
ment organ ought not to lend itself to such a
purpose.
As to the following statement, we arc di
rected to say, that it is not set forth with
proper accuracy in its general outline and
that many of the particulars of it are unfoun
ded. That the decision of the Inferior
Judges was not reversed by the appeal court
but affirmed in consequence of Wiley's with
drawal, and until reversed is to be consider
ed just. That Mr. Hooper was unauthorised
to say to Mr. Wiley that he had an option
to be tried by a foreign or by a mixed jury
"s be might pr-f'-r, siu-e that mattrr was al
ready settled bv the printcH ;,, of the laud.
That the cases spoken of at Maui are not
analagous to Wiley's, and if they had been,
the acts of the Governor of Maui are not
binding as precedents upon the Governor ot
Oahu unless he chooses to adopt them.
These are different Governors of different
div isions of the kingdom, and if one should
err in his administration of the law, it is no
reason why the other should imitate his er
ror. That no co.vst.um.k forcibly prevailed
on Mr. Wiley to deposite his money as Mr.
H. would have the public to believe ; but
that a civil note was sent by the hands of a
constable usually in attendance upon the
Governor informing Wiley that if he want
ed his jury of appeal it would be necessary
for him to deposite 2o immediately or that
otherwise the laws would not entitle him to
said jury. That, the Secretary of State did not
assent to Mr. Wiley's being tried in any par
ticular manner, although ho offered no ob
ject ion to Mr. Hooper's making out a list
of jurors in his presence, and tin; Secretary
of State also concurred in the opinion ex
pressed by Mr. Hooper that the jury pro
posed by Mr. II. would be more likely to
convict Mr. Wiley, than one drawn accord
ing to law.
The Secretary of State authorizes us to
say that he does not consider himself insulted
by the Keport of the case in the Polynesian
of the 7th inst., and that he has received
written assurances from the British and
French Consuls, that nothing in that report
is regarded by them as personally insulting.
The subject matter of Mr. Hooper's pro
test in the case of Wiley, is now undergoing
Diplomatic discussion, and will, when termi
nated, be laid before the public, if circum
stances render that course necessary.
Fur thv. Polynesian.
In the official report of the trial of John
Wiley, in last week's Polynesian, it is stated,
that he, John Wiley "appealed to the Gov
ernor and demanded a jury under the Haw
aiian statute law," that the Governor having
given the usual notice ot drawing a jury of
appeal he proceeded on the day appointed
to draw the mixed jury, but 1, in the inter
val interfered.
As the statement is erroneous and as the
whole report is calculated to mislead those
who may not be conversant with the facts,
the undersigned feels called upon to cor
rect it.
A Her Mr. Wiley had complied with the
unjust decision of the native judge, he ap
pealed to mo for redress.
1 informed him that I had no power what
ever to set aside the decision of the judge
before whom he had been convicted, buMf
he thought that he had been unjustly dealt
with, he could submit his case to a jury com
posed of an equal number d" foreigners and
natives, according to the statute law of the
country, or by a jury composed entirely of
foreigners nominated by me. He replied
that foreigners would probably understand
his case better than natives, and he would
therefore prefer to be tried by them. Ac
cordingly, I called upon His Kxcellency the
Governor for the purpose of appointing" ju
ry that would meet with his approbation.
Tim Governor did not seem to understand
the meaning of the :h art. in the treaty re
cently made between this Government and
that of Great Hritain, although he must have
been aware of the fact that there had been
three instances at Maui, in which the Gov
ernor of that Island had granted juries com
posed wholly of foreigners. He finally re
ferred me to Mr. Judd the See. of State for
Foreign A (lairs.
1 immediately proceeded to his office and
on explaining the nature of my business, he
at once, assented to the right I claimed, and
villi his assistance awl concurrence, I made
out a list of twelve foreigners who were to
compose the Jury. 1 supposed the business
settled, Mr. Jiicord, the Attorney General,
however called at mv office the following
day and intimated that Mr. Wiley would not
bo tried by a jury composed wholly of fo
reigners, but by a jury appointed in a man
ner as directed by law. I do not deem it
necessary or expedient to detail the reasons
advanced by Mr. liieord, to authorize the
Government to that course, as the gentleman
will undoubtedly enlighten the public and
those concerned, on that point. The official
correspondence which subsequently took
place between the Governor and myself on
that subject, resulted in hi ,l,.if..;.,..
; accede to the arrangement as made between
mo and the Secretary of State, and his fur
nishing me u,ih a ht f p.rors. chosen
I presume in thv- iiMial manner.
On the day of the trial, Mr. Wiley aj.
peared with Mr. Ford, whom lie had re
quested to act as his counsel, without con
suiting me, and who was under the impres
sion (if we can believe his own written state.
inent) that the case was to be laid before
a jury composed of foreign residents. Such
was not the case, however, for the foreign
gentlemen and natives, as named in the.
Governor's letter to me, had assembled.
On being informed that the Court were
ready to proceed to the trial of Mr. Wilev,
I made the protest referred to in the report
of the trial, and stated to the Court that Mr.
Wiley would make no plea.
It is true that Mr. Wiley deposited the
sum of Twenty-Five Dollars with the Gov
ernor, but not until he had been waitc d upon
by a Constable, who summoned him to ap
pear at the Fort immediately.
The insinuation thrown out in the repoit
that this Court will not "suffer a foreign
Consvl to pack a jury who might be ntUctid
to ronr-V," is not only insulting to every
foreign Consul at these Islands, but in tin's
instance particularly to myself and the Hon.
(i. '. Judd, Secretary of State, who assisted
me, as before stated, in filling out a list
of gentlemen, not one of whom could he
'bribed" to convict Mr. Wiley or any other
man. Wm. Hoorr.it,
Acting V. S. Com. Agent.
Honolulu, Sept. 11th, I8-U.
The .Tiey " n)inli'l to eonvrt" Mr. Wiley, wcru
((imposed in part, of Mr. Paly, eolith tor of the port; ft!r.
Miirstmll. ex-Minister to En jlan.f; Mr. Jrnves. i ur
of I lie Polynesian; Messrs. J. Ladd, Penhallow. linker,
& ' W. II.
Thf. Antiquity ok Shaving tiii; Heard.
It is established that as at the present day in
Egypt, .so in the most ancient times, it was
customary with all the Egyptians to shave
their heads, and anciently their faces. Ac
cording to Prof. Ilosellini's translation of
Isaiah xviii, 1st. and 2d. verses, the word
puled, a nation scattered and peeled," meant
sii.wi.i). In the .sculptures, few exceptions
are met with, these being generally military
men, who, in their arduous campaigns, had
neither leisure or means of shaving, or else
they were persons of the lowest cast of peas
antry. Mr Gliddon tells us, that in fact the
Egyptians were the only early people of ori
ental nations who shaved. With them ns
with the Arabs, the barber was a dentist and
jobbing surgeon. There are several paint
ings in Egypt representing shaving as well
as other parts of the barber's functions.
The Jews vyore their beards, but it is record
ed in Gen xli, 14, that Joseph, when sum
moned from his dungeon by Pharaoh,. 'shar
cd h linn elf. So that the Pib!e enables us to
carry shaving back 1800 years Ii. C, while
the sculptures in the tombs round Ihe pyra
mids, prove its universal use in Egypt sever
al centuries before that date.
I-Xjiorts.
Sept. ficr ChenuMv;-.M)H5 gnll. nvrup and
molasses, 3H25 lls. sugar, 15 bbls 5:0 hags sail, 10
Unas eoilee, 10 piles coral, 100 corn broomsand
miscellaneous merchandize.
' Latest Date.
From London, Mnrvh 12 Paris, Jfarrh 10
United States, (New Orleans) Mav 22, (Boston)
April 10 (New-York) April 2( Mazatlan, May
oO Society Island (Tahiti) Aujr. 1I. China, Jnc. 11.
siiii'im sa inti: llh; h n v k
I'OH THE POUT OF HONOLULU
IHI I.
A K K I V E 13.
l-tth inst Ships Edward Carey, Tobrv, New
Bedlurd 'Mi months; ):j;o bbls. sperm: Alert, Mid
dlcton, New London; 100 sperm, 3100 vhnle.
15th mst Fr. filiijw Ocean, Coste, Nantes 28
months; 1200 whalo: Eliza, Malheibe, Havre 15
month.; 1000 whale: CJamjr, Neve, Havre 10 iiiuk;
U00 h. Barque Cossack, Delano, Sipican 10 n;
fl00 whale.
lth inst Ships Henry Lee, Bennett, Snff Har
bor 2(i months; aiOO whale: Frames, Ilus.-ev, Nw
Bedford 4H months; 200 fperm, 1300 whale": Cliel
u .Potts, New London 12 months; tiu speim, 1 70
whale. '
ItMh inst Ship Sophie, Hover, Bremen; ISA"
whale. Fr. ship Lyon, Bonnet, 'fm the Marquesas.
20th mst. Am. brijr Lafiyetto, Winchester, IU
vvnn. The Lafayette hns been ashore on tho reef at
Kuwaihae damage lijr,t but will heavo out t
repair keel, etc.
. SAILED.
18th inst Sardinian man-of-war bri" L'Eridano.
Persano; for California. Brig Chenamus, Sylvester,
tor Columbia River.
2(th inst Ship Congaiee, Weston, for Lahaina;
to procure freight.
Snip pi no Memorandum Tho V- S. frijjato.
Savannah, (tlay whip) Com. Armstrong, has been
Jymor nt Hilo three weeks to recruit crew, etc
She will remain another week.
Alxn. nt Hilo, II H m hi Carv.-lWt.
deorge P.iulei ; hence-