Polynesian. [volume], November 30, 1844, Page 114, Image 2

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T n i; P 0 L V n i: S I A N .
NovrMtrt
114
Till: POL YN K S I A N.
OFFICIAL JOVIiSAL OI-f TIIil HAWAII AS
(iovi:iiSMi:sr.
HONOLULU, SATURDAY, NOV. 30, 1st I.
November, liitli., 13 It.
Dear Sir, I have an engrossing subject
on my mind, which I wish to unhurthen to
you now, I refer to tho controversy between
this government nnd the IT. S. Commission
er. It is more immediately called forth hy
the anonymous rejoinder in "The Friend
Extra," just received. I am pained and con
cerned at tho excitement. My sympathies
all along have hcen with tho Hawaiian gov
ernment, and I have seen nothing as yet,
thitt hlmkos that opinion. Dut I must toll
you candidly, and with confidence that it
will he kindly received, that 1 am not at all
pleased witii tho manner in which it has
heen conducted on both sides ; and it ap
pears to me that the interests of this nation
arc in danger of bring compromised, by
losing sight of the true grounds of tho ar
gument, in the heat of controversy. I think
too that tho first argument of Dr. J.,fi Minded
on tho circumstance that tho U. S. are not
in treaty with this government, as a reason
why Mr. Drown's demand cannot bo com
plied with, is untenable, and by using it, he
has weakened the force of the main, and on
ly true reason, that the laws of this kingdom
do not recognise tho act of which Wilev was
accused, as belonging to the class of crimes.
a mild tiiuinph over misnppt chension and
irritated feelings.
The welfare of this little kingdom lies near
my heart. My long residence here, and do
votedness to its he.-t interests, cntitb i no to
speak in kind words to I hose who have the
power to advocate the cause of truth and
justice. I remain, dear sir,
.1. J. Jakvf.s, Esq. Yrs. truly, E.
From a source which we highly esteem,
we have roooiwd the preceding communica
tion. The candor and fairness with which
the writer has pointed out what to him seems
objectionable in the arguments to which he
alludes, are the more gratifying as coming
at a juncture, when there seems to be a par
ticular necessity for tho exhibition of such
sentiments. We most cordially agree with
him, that " cool, calm, unbiased reason" is
required in argument, and hope hereafter to
see nothing of a contrary tendency. Yo do
not, however, subscribe to the sentiment',
that criticism is useless or tends only to irri
tate. Criticism is necessary to improve incut
or perfection. Or else, the faults or defects
of one day would be repeated the next. An
author's eyes are apt to be partial to his own
literary ollspring. Hence the necessity of
the aid of others, though their optics be pos-
. , ... . . 1 1 ' 1 1 v . .inn, iii iiu iiHiiy i:itv (in i ';-
sossed ol magnifying power, in detecting .. ' , . ,T. ' . ,
. , r. tin to tho course pursued by Uis Maiesfy s
llaWS 111 stv O or nrriMiii'nt ( ritifum inn h 1 ' .
argument of Mr. .lurid, relative to the non
existence of a treaty with the United Stales,
and we would commend to him a re-perusal
of thnt portion of the letter. Its meaning is
briclly this. That the language of his Maj
esty, in his speech to Mr. Drown, on which
he lavs so much stress, was not and could
not bo of tho character of a ratified treaty
stipulation, in which sense, Mr. Urown wish
ed to consider it. That flic duty His Majes
ty owed to his own people, and tho constitu
tion of the United States, both forbid such
an interpretation, lint whenever the Presi
dent ol' the United Slates deems it. expedient
to enter into treaty engagements with this
nation, they would be placed upon the fooling
of the most favored nation. In the mean
while, "the same course of action shall be
allowed in criminal eases of accusation, to
tho United States." Their citizens have en
joyed every privilege granted to other na
tions. Wiley's case . the first in which
that fact has been questioned. Mr. Judd,
admitting tho position of the citizens of the
United Slates to be the same as those of the
subjects of Croat I'ritaiu in these inlands, de
nies the right of Mr. I'rown to claim that lor
them, on this interpretation of His Majesty's
speech, which had been granted re luctantly
to ( 4 rent I'ritain under the form of a. solemn
treaty. And, to do away with every obicc
Haws in style or argument. Criticism should
not, however, be expressed, except on just
This should lmvr Lppii nut in ttio Ctrmnnut i grounds, and those "rounds should be made
rank of the argument, and made a sufficient 1 pl,amit' Assertions merely, w ithout sub
reason why a jury to be selected by the con- stantiating tho truth, are both weak and fool-
sul would not bo admitted. One argument
which I have not seen stated, proving the cor
rectness of this position, is that the public
mind of the I lawaiian nation does not de
mand such a penalty as would be required
in a civilized community. The nature of
guilt is to be estimated by the actual injury
inflicted upon the sufferer. In an European
community, the injury inflicted in such a
case is most enormous, destroying forever
the peace of mind and reputation of the af
flicted sufTerer, whose only repose where she
can hide her shame is in the grave. 1 Icrc
it is otherwise. There is no disgrace at
taching itself to tho character of the injured
female, either in her own eyes, or that of the
native community generally. She is just as
much respected as before, and her chances
in future life arc not at all diminished. The
law was made hy native rulers for their own
natural subjects, nnd therefore a small pecu
niary compensation was by them deemed ad
equate to atone for the bodily injury inflict
ed. Foreigners may smile at this, as telling
but poorly for Hawaiian character ; but we
must take them as they are, not forgcting
their former habits and custom. The law
is all that was called for, and serves the pur
pose of keeping in check a most infamous
act of frequent occurrence in former times.
A person therefore, in seeking redress at law
for an aggression of this nature, must not bo
supposed to possess those lino sensibilities
which give grace and beauty to the Europe
an character. Rut her own natural rights
would entitle her to a jury composed partly
of her own countrymen, on the same princi
ple that a foreigner would claim tho privi
lege for. himself. The party prosecuting is
a native seeking for pecuniary satisfaction
for an assault, through the tribunals of her
country. Now docs not justice and common
sense cry out at the idcaj of nn unmixed for
eign jury. Is not the right of a native on
his own soil, as sacred as that of the stran
ger ? or is he to be protected at the expense
of the indigenous inhabitant ? To me it is
clear that the case docs not como under the
3d. articlo of the Treaty of Eahaina.
There has been enough of acrimony writ
ten on this subject, ami what tho community
now calls for are healing measures.
Wc want cool, calm, unbiased reason, on
either side, without carping or criticism, or
any thing that can be construed into irrita
ting threats.
?Uut something may perhaps, yet be done.
MnU wonts and sohcr argument may allay
ish. It is equally unreasonable to set one
person up as a mark, and to blaze at him a
continual, rolling fire of criticism, invective
or ridicule, and expect him to receive it with
all the quietness of a man, deaf, dumb and
blind. Non-resistance societies were never
originated among Arabs. It would be ac
ceptable, perhaps, to some for us to remain
quiet, and allow their " cnvonnmM shafts"
to pierce in all directions. Hut such wo do
not conceive to be our duty. If the devcl
opement of truth requires controversy, be
it welcome.
Too much stress is laid upon the wordy
warfare which pervades society here. Some
appear to think it a dangerous thing, and pe
culiar to the place. It is annoying, no doubt
to those w ho shrink from tho turmoil of pub
lic life, and demoralizing to those who en
gage in it, regardless of truth or principle,
lint as to the clatter and jar of opinions,
whether on domestic or political topics, there
is not ti village in England and the United
States, but rivals Honolulu in these respects,
(iovernments always have their opposition,
and the in ministry must bear (ho brunt of
the attacks of those who would be in, or what
is the same, of those who would force their
measures upon the government. We do not
expect human nature to work any miracle
in our favor here, but shall bear all assaults
with the best equanimity that may be. And
if it should bo in our way, to show up
selfish views, mistaken ideas or spurious ar
guments, in those who assail, we shall not
hesitate so to do, though it may occasion a
little stir. Dut it is not intended by these
remarks to exclude that spirit which tho wri
ter of the subjoined letter, and many others
like him, filled with tho sentiments of Love
and Charity, wrSuld inculcate. Far from it.
Kindness and t-ober argument are, next to
truth, tho strongest of weapons, and if our
adversaries will permit, wo shall be rejoiced
to confine ourselves to them. There is a
certain stage in society, however, when for
the sake of truth and virtue, Scotland's mot
to should be undauntiugly adopted. ".Vnjm
me impinic ltcissit." With young govern
ments, as it was w ith Napoleon in his career
of conquest, to stand still would be ruin.
They must press on and meet I he wants of
thtir people, firmly and systematically, oth
erwise they would bo overw helmed in a cha
os of innovations, or strangled nmidthe (Van
gognos
Our correspondent has fallen into an erroi
strong prejudices, and truth may yet oblain ' commm to some others, in imVrpi'Hiug (hi
:ourts, proves, conclusively, that Wiley's
case was not one that came under the mean
ing of the fid. Article of Eahaina. Mr. Judd
was certainly correct in covering the whole
argument, and this would not have been
done, unless every objection urged by Mr.
Hi-own, and all their corollaries, had been
fully examined. The misunderstanding grow
ing out of this portion of the argument, de
monstrates the absolute necessity that exists
for a well defined and equitable treaty be
tween the two governments. It has ever
been His Majesty's wish that one should be
negotiated, and it will be of material service
to both parties, should such be the result of
this controversy.
Our correspondent further refers to one
argument which he has not seen slated, to
prove "the correctness of this position."
I le has very conclusively shown why offen
ces like Wiley's are not to be considered
as crimes, and undoubtedly given the reasons
which suggested themselves to the Hawaiian
legislators in framing this statute. Hut what
ever may have been their reasons, Mr. Judd
says expressly, in his reply to Mr. Drown,
that "he is not called upon here to discuss"
them. It was sufficient for him to state the
law, and not argue its propriety. That form
ed no part of the controversy. Mr. Drown
refused to admit the distinction which the
law made, and interpreted for himself in di
rect opposition to His Majesty's courts, the
law of the kingdom. This was travelling
out of his province. Every nation makes
and interprets itsown laws, and is not bound,
provided they do not conflict with the laws
and good sense of nations, to show grounds
for their propriety to foreign tribunals.
Wo are indebted to T. O. Earkin, Esq. U.
S. Consul lor Monterey, California, for the
shipping news given in our menioraniduni,
and for other items of information.
At the. date of his last fi lter, Nov. "th.
every thing was quiet on the coast. Santa
Anna, had sent orders to put Monterey in it
complete? state of defence in Juno last. The
troops are over a year in arrears for pay,
provisions and ebtthiu"-.
The greatest harmony prevailed between
the authorities of California ami the olfieers
of the men-of-war on the coast. On the 'Jd.
inst., (Jen. Mi.-hehoreno and suite visited
the Savannah. He expressed himself much
gratified wilh his iccepiion ami her appear
ance. On the lib. he visited tho Modesto.
On the fid. Nov. the U. S. Consul gave a
ball at his residence. Cov. (IrnoviA t;,.i.
- - - 4111,
Unitio States Consi tats,
Monterey, Nov. 1th. 18-44.
Sir, Enclosed you have the new law 0f
(ten. Michelloreno, (iov. (ten. of California
respecting whalers.
As many whale-ships are now bound to
the N. W. coast, they may have nn interest
to know the regulations of this country re
specting their ships.
The payment of the :0 is for those win,
may wish trade, otherwise it is but ;1Q as
in former years. In many ports thnt is iit
demanded. The duties will be collected at
tho same value as the merchant ships pay.
The sales ol' goods as allowed, will be suf
ficient to supply any whale-ship.
1 am, Sir, your most
Obedient servant
THOS. O. LAUKTN.
. S Consul.
J. J. Jakvf.s, Esquire,
Editor of the Polynesian,
Sandwich Islands. )
eltoreno and suite. Com Annjw.,...
tic Hutches of aspiring and ignorant dOma- Maillio and Donne!, were present. I'vufv la-
dies assembled, and the dancing, to the "mu
sic ot the fine band of the frigate was pro
longed lo a late hour.
MoMTiinv, California, )
Oct. IDth, 1811. J
The supreme government of this dcpait
ment, convinced of the great injury sustain
ed by the inhabitants of the same, especially
I ho laboring class, from the prohibition for
whalers to change their goods for provisions
as was formerly customary ; and likewise,
that no detriment is suffered hy the existing
commerce of the coast of this department by
granting the permission, inasmuch as the lat
ter is effectuated solely by exchanging Index
and tallow, nnd the former merely seek fur
seed, potatoes and meat, in quantity, and no
other production of the country ; and desir
ing by all possible means to procure the gen
eral prosperity, and give impulse to the ris
ing agriculture of the country, w hich is the
branch to w hich the inhabitants mostly ded
icate themselves, by facilitating to them the
means ol exporting their seed 1 have hern
induced to decree, that until the supreme
resolution which I have solicited from Mexi
co arrive, whale-ships may purchase provis
ions with goods, to which end the Custom
house will permit them to sell to an amount,
the corresponding duties of which, shall not
exceed $ 100, and which they must pay ac
cording to valuation ; each vessel paying
also for the privilege, and instead of tonnage
duties $30. In consequence the Custom
house will take all the means and precau
tions which may be judged necessary, in or
der that the resolution be. punctually com
plied with ; nnd wntch over the conduct of
said vessels in the best possible' manner.
To which e fleet said Custom-house may de
signate in the port of San-Francisco, where
the greater part of them go to, the place of
anchorage which it may be esteemed most
convenient for watching over them. ' And if
any thing more should be wished to attain
their object it may be proposed to govern
ment for approval.
(Signed) M. MICH EETOR ENO.
; Counf.o Dkf.f. We have received from
Win. French, Esq. an excellent article of
this kind, which was put up on his estate at
Waimea, Hawaii. His arrangements for
sailing and packing beef, we are informed,
are very complete and extensive. The led"
packed keeps well one barrel which was
kept thirteen months in this town, opened
recently, perfectly sweet and sound. We
see no reason why the salt beef and pork of
these Islands should not entirely supersedi
in this market, that of foreign putting up.
The salt of Maunalua, compares very favor
bly with tin; Turks Island salt ; the temper
ature of Waimea could not be better for
packing, and in no place could hogs or nf-H
cattle be raised with more certainty and at
less ex pe use than on tin? plains of Hawaii
Wo trust that ship-masters will give Mr
French's beef a trial, for if it is to be founJ
to equal tho American, it can bo nfforded
cheaper, nnd it will bo encouraging an im
portant branch of domestic trade. In a small
way, butter might be made a profitable lazi
ness to some one who has sufficient enter
prise to establish a dairy in the vicinity of
Honolulu. Only a few fortunate individu
als can now procuro it. Indeed fresh butter
is becoming almost a curiosity, Were such
a farm onco established tho consumption of
this article would be greatly increased, both
among the population and the shipping, a'1'1
at tho present prices or even at much cT
rates, it cannot but prove very rnnuntra'
live.