Polynesian. [volume], October 19, 1844, Image 1

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

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THIE POLYNESIAN
PUBLISHED WEEKLY, AT HONOLULU, OAIIIT, HAWAIIAN ISLANDS.
J. J. JARVES, Editoh.
SATURDAY, OCTOBER 19, 1844.
NEW SERIES, Vol. 1. No.
4 & ri'i nn . I " " . .
1? vsy ia ISA u o
THE HERITAGE.
BY JAMKS H. LOWtl.L.
The lich man's son inherits binds,
And piles of brick, and stone, nnd gold,
And fic inherits soft, white hands,
And tender tlcsh that fears the cold,
Nor daren to wear a garment old :
A heritage, it peems to mo,
One would not care to hold in fee.
The rich man's son inherits wants,
A stomach craving dainty fare;
'With nought to do. he hears the pants
Of toilinir hind? with brown arms bare,
And wearies in his easy chair :
A heritage, it seems to" me.
One would not care to hold in fee.
The rich man's son inherits cares;
The bank may break, the factory burn,
Some breath may burst his bubble shares,
And soft, white hands would hardly cam
A living that would suit his turn;
A heritage, it seems to me,
One would not care to hold in fee.
.What docs the poor man's son inherit ?
Stout muscles and n sinewy heart,
A hardy frame, a hardier spirit,
King of two hand, he does his part
In every useful foil and art;
A heritage, it seems to me,
A king might wish to hold in fee.
What does the poor man's son inherit ?
Wishes o'erjoyed with humble things,
A rank adjudged by toil-won merit,
Content that from employment springs,
A heart that in his labor sings;
A heritage, it seems to me,
A king might wish to hold in fee.
What does the poor man's son inherit?
A patience learned by being poor,
Courage, if sorrow come, to bear it,
A fellow-feeling that is sure
To make the outcast bless his door:
A heritage, it seems to me,
A king might wish to hold in fee.
O, rich man's son, there is a toil
That with all others level stands;
Large charity doth never soil,
But only whiten, soft, white hands;
This is the best, crop from thy lands :
A heritage, it seems to me,
Worth being rich to hold in fee.
O, poor man's son, scorn not thv state;
There is worse weariness than thine,
In merely being rich and great;
Work only makes the soul to shine.
And makes rest fragrant nnd benign:
A heritage, it seems to me,
Worth being poor to hold in fee.
Both heirs to some six feet of sod,
Are equal in the earth at last;
Both children of the same dear God;
Prove title to your heirship vast
By record of a well-tilled past:
A heritage, it seems to me,
Well worth a life to hold in fee.
COMMUNICATED.
Mr. Editor, The " Friend" of the Oth.
instant con'nins a continuation of some val
uable, because in many respects just,
" Notes" of Robert Crichton Wyllie,
Esquire, dedicated to a variety of subjects
interesting to the government. These notes
in their entire scries, arc calculated to make
important suggestions to those who may be
confided with the delicate task of adjusting
a code suitable to the wants of the country,
and as one devoted to His Majesty's service,
I have given them attentive perusal. The
last number, however, contains an allusion
to the oath of allegiance, nnd its effects upon
this government, which I conceive to be the
result of misapprehension. In it Mr. Wyllie
with benevolent intentions towards the Ha
waiian people, inculcates the idea that it
would be proper to bestow upon aliens, in
their capacities of British subjects, French
subjects, and American citizens, ull the
priv ileges of Hawaiian subjects admit them
to all the abstract rights of natives, and be
stow upon them the offices of trust, profit,
and honor in the country without requiring
them to renounce their allegiance abroad
and swear fealty to His Majesty.
Such a view appears to mo so novel in
the history of nations, so different from the
usages of Great Britain, France and the
United States in like cases, and fraught with
ho many evil consequences to this govern
ment, that I cannot forbear annlvsH.
ihcre are but few British and French
subjects in the country, not a tithe in num
ber commingled, compared with the Ameri
can citizens here resident. The few of these
British and French subjects who would ven
ture to assume the responsible duties of the
higher government offices, are devoted to
their .private mercantile, and other avoca
tions, and would not abandon them for the
most honorable and profitable trust in the
country with a remuneration of $1000 or '2000
pr annum. If then His Majesty desired as has
been often done in the United States and
Russia, and as is now being done in Egypt,
to call in the aid of educated and experi
enced foreigners; who would be most likely
to accept such employment at such a com
pensation ? American citizens. Who would
His Majesty be under the absolute necessity
of employing, if he desired foreigners ?
American citizens. Consequently the offices
and other immunities which Mr. Wyllie sug
gests ought to be bestowed upon foreigners
as such, would be bestowed upon citizens of
the United States. Such a course would
render the Hawaiian Government to all in
tents and purposes " an American eolony;"
a government wielded, advised and directed
by American citizens, not by Hawaiian sub
jects. Great Britain has already foreseen
this and objected to it. She exacted of the
American government a solemn pledge, on
the 25th. of June and 5th. of July, 13-13, as
appears from the correspondence which was
on those days interchanged, at Washington,
between Mr. Fox, II. B. M. resident minis
ter, and Mr. Upshur, then secretary of state.
In that correspondence which preceded the
treaty of joint guarantee between Great
Britain and France, the United Stntes and
Great Britain mutually pledged themselves
to each other that neither of them would
"seek to establish ' a paramount influence in
those islands." The assurance that the Uni
ted States did not wish, directly or indirectly,
to colonize and govern the Hawaiian Islands,
could not but influence, in a great degree,
the subsequent guarantee of their indepen
dence by Great Britain and France even
if it was not the sole inducement to the trea
ty signed by them in London the succeeding
November. Now I ask, all other reasoning
aside, would it be right, under such circum
stances, grateful as His Majesty is for the
benefits secured to him by the Treaty of joint
guarantee, to confide his offices of profit and
trust to American citizens, as such, without
requiring them first to renounce their allegi
ance to tke United States and become legal
ly transformed into Hawaiian subjects ? Is
it not rather His Majesty's bounden duty, in
good faith to Great Britain, positively to see
that no offices of profit, trust, honor or influ
ence, and that no prominent allodial estates,
be suffered to be acquired by American citi
zens in the kingdom ?
If so, would it be just to confine this pro
scription to Americans, while British nnd
French subjects, as such, were allowed to
enjoy them ? If so, then in order to avoid
partiality and invidious distinction, he ought
to grant those superior advantages to the
subjects of no nation whatever, as such.
This, the Treaty of joint guarantee, and the
mutual engagements between Mr. Vo and
Mr. Upshur, require of him in good eon
science. When, on the contrary, the sub
jects and citizens of those respective friend
ly nations have abjured their native allegi
ance, and .have sworn allegiance to His
Majesty, they have, by the law ot nations
which is paramount to the parliamentary
laws of Great Britain and the congressional
laws of the United States become Hawaii
an subjects, perfectly out of the control, so
long as they choose to remain out of the ju
risdiction of the mother rountrv, unless thev
arc so out of it in the capacity of seamen, or
consuls, or ministers. The jurisdiction of
Hi3 Majesty's government cannot be inva
ded to reach and punish them, except by pi
ratical inroads. Nothing can touch them
here, and they are accountable to no other
government whatever. The laws of Great
Britain or of the United States can have no
extra-territorial force, while the law of na
tions and their comity have a pervasive
extent over the world. Neither Great Brit
ain nor the United States, who stand pledged
to each other, would in this way have any
citizens or subjects in positions at the Sand
wich Islands in which they would be at all
likely to obtain "a paramount influence"
over this government. His Majesty also
would be consistent in employing Anglo
Saxons who had renounced their allegiance
to Great Britain and the United States, and
Gauls who had renounced their allegiance
to France. I feel convinced, therefore,
that H. B. M. Pro-Consul, writing unoffici
ally, could not have well weighed the results
to which his suggestions of the converse
would lead.
We have seen already, from the authori
ties quoted in some numbers on allegiance
which I addressed to the public through
your valuable columns, that American citi
zens can, by the laws of the United States,
renounce their allegiance so far as to be out
of the control and protection of their native
country while resident in the country of the
prince to whom they have sworn allegiance.
British subjects can by the laws of Great
Britain do the same thing, to the same extent
and no more. The doctrine of intrinsic al
legiance, in the United States, is derived to
them while colonies of Great Britain, and is
not one whit different, except that Great
Britain hays greater stress upon it than the
United States. In practice, both countries
bow to the superior claims of the law of na
tions, which forbids the extra-territorial en
forcement of municipal laws. And whether
the laws of Great Britain and of the United
States allowed the renunciation of allegiance
or not, His Majesty is not bound, except in
comity, to know or take the least notice of
those local laws as affecting his internal
administration.
But while the abstract doctrine of non
abjuration, was as much relied upon as at the
present moment in both countries, the learn
ed British lords and commons in Parliament
assembled, foresaw that British subjects
would go abroad, would renounce their
native ullegiance, and would swear allegi
ance to foreign princes. To make provis
ion for this contingency, so likely to happen,
and so contrary to the doctrine of non-abjuration,
they enacted, " if an English sub'
jut go fxyond the seas, and thirc become a
sworn subjict to a foreign prince or state, he
shall, while abroad, pay such, impositions as
other aliens do. 11 and 15 Henry V I II : cup I.
United Stales of America, is entitled as iuch
denizen to the benefit of the treaty between
England and the United States, which author?
izes the trade of Americans to the territories of
the British East India Company, though a$
an English subject he would not hare been per
mitted to carry en such commerce." British
Term Reports 31: Bosanquct & Puller's
British Reports, 430. ' ,
But, Mr. Editor, I cannot cite verbatim
many of these British legislative" and judicial
cases in point, in justice to your columns.
Refer your readers fr a multitude, of them to
1st. Chiltis Common Law digest, 120, and
to Comyn's Digest, article Aliens, d which
arc both works on English law written in
Great Britain.
Lit us sec how Great Britain appreciates
the importance of the naturalization of for
eigners who come to reside in her dominions,
and perhaps her example" will be cogent in
inculcating the same necessity in other
countries.
Dr.ri.Nmo.v. Aliens arc persons not born
within the dominions of the crown of England
nor within the allegiance of the king except
the children of the kings of England and
the children of British ambassadors born
abroad. 1 JS"o alien can be a revenue officer,
or hold any office under the crown. The issue
of an English woman by an alien, born abroad,
is an alien." 4 Durnford &. East, 400. l:
"Aliens can hare no ' heirs because they
have not in them any inheritable blood." 2 Blk.
Com., 249.
By 43d. Geo. III., chapter 155, " aliens noi
departing the united , kingdom when ordered
by jiroclamation, may be committed Jo gaol;
and such aliens returning may be transported
for life. Aliens disobeying orders, to be im
prisoned, for the first offence, one month; for
the second, iivo months. One secretary of state,
or the Lord lieutenant or his chief secretary,
may grant warrants to conduct aliens out of
the kingdom, not obeying proclamation. .Copy
of conviction, and circumstances of the alien,
shall be transmitted to , the secretary of-state.
Masters of vessels shall give to officers of cus
toms, a declaration of the names of aliens on
board. Aliens shall not land till the master, of
the vessel has made the declaration required,
and permission be obtained, on penalty of im
prisonment', and masters landing aliens contra
ry thereto shall forfeit .50 per man, and boats
uned in landing them. Captains of ships neg
lecting to make declarations of aliens, shall
forfeit 20 per man. Aliens arriving and
aliens departing, shall make a declaration to
the officer of the customs, of their name, rank,
and business, on pain, on conviction before a
justice, of bring imprisoned for one month.
Aliens shall receive certificates from the officers
of the customs; but the act dots not extend to
mariners certified to be employed in navigating
vcssils: and matters refusing to give such cer
tificates to forfeit 15 or be imprisoned one
month. .'Inns shall be seized, if attemnted to
" .Vo British subject who has taken the. oath of be brought by alii , other than as merchandize
allegiance to a foreign state, except under the Hi Mrjeshj may direct alicm to land at par
terms of smve capitulation, can own any part tici:lnr plica onlj, an. I matters acting contra
nf, or share in, a British registered ship, car j ry to ' zvh dircciLn shall forfeit i0 per man,
ran any British subject usually residing inland the ship. .Vo aliz,i shall depart from the
any country not under the British dominion ua- r btee of arrival uiih'.ul a passport, and pass-
less he be a member of some Brit'nh Factory
or agent for or partner in a house or copart
nership, actually carrying on trade in Great
Britain or Ireland." 4 Geo IV: cap. 11, 5.
The subject who emigrates bona fide, and
procures a foreign naturalization, may entan-
pcrts ir,':y Lc nfured and aliens committed.
J'agts'tcdts arc empowered to cause such
aliens to exhibit their passports, and to commit
them under suspicious circumstances. Persons
forging passports to be imprisoned, on convic
tion, for not exceeding three months and after-
gle himself in difficulties and in a conflict of wards piit the kingdom; and returning, to' be
duties', but it is only in a very few cases that
the British municipal laws would offset him."
Lord Hale's pleas of the Crown, C8.
" The British law protects the rights of
those who have been th dared duiizens of for
eign states ; that a natural born subject of Eng
land having ban admitted a thnhtn oj tin
transported fur seven years. His Majes
ty may order aliens to be detained in custody
in the kingdom. Ills Majesty may order th$
residence if alitns to be at particular places,
and persons not obeying such order are liable
to six months imprisonment. His Majesty may
oidir all ullciti to ive an account of ull thtir