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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.