Newspaper Page Text
SATURDAY, JANUARY 17, 1852.
Ax important Desidekatpm. The position we
have often assumed, when speaking of the P10.!
of the islands, that their permanent interests depend
upon the development of their agricultural resources,
we presume no one will question- Unless tins can
be accomplished, every branch of business must be
restricted within very narrow limits. V e shouia,
. '.(.;ii iwnCnnii Rnmilv th necessities of
avtUiUcrt ovajul vwaww --' mtxtj
whale-snips, and transient vessels touching at our
various ports for refreshments, and there -would be
some small degree of commercial activity created by
these limited means of paying for our importe. ; But
this does not embrace the tithe of what the Sandwich
Islands are capable of adding to the. resources, and
commerce of the world. Their position, climate, soil,
all' demand a more energetic progress than these
trifling outlets for our productions can ever insure. .,
, At the present moment, no market exists for even
the limited amount, comparatively, which is P5""
ed- But this evil will cure itself in due time.
California and Oregon are our natural markets for su
gar, coffee, saltfetc, and they will not always be
found, as now, overstocked with these articles, which
are selling at ruinous rates to importers. ,'It is to
them we must mainly look for an outlet, and for pur
chasers of our productions ; and it is in view of this
fact, that we desire to call the attention of planters
and business men generally at the islands, to the de
sirableness of making a united effort to procure, from
the American government, an exemption from the
payment of the 30 per cent duty now imposed upon
the introduction of our sugars into these countries.
." 1 We have no doubt that this government would
most zealously employ every legitimate means at its
command, for the accomplishment of an object upon
which so much depends. It is true that the present
treaty with the United States allows no such privi
lege, nor any favor, not enjoyed by the most favored
nation- But it is equally true that the best disposi
tion exists at Washington to favor and augment the
commerce of this kingdom with the neighboring state
of California, and territory of Oregon.' With them
our commercial intercourse has an opportunity of ex--panding
itself, to the mutual advantage of both coun
tries. We want their productions and they want
ours. Their lumber, flour and salmon, are in increas
ing demand here, and are the staples of the country ;
.as sugar, salt and coffee are of the Hawaiian Islands.
If, therefore, the present treaty with the United
States could be so modified as to admit our sugars
into California a4 Oregon free, as our coffee now is,
an equivalent could be made by allowing their lum
her, tvax and salmon to be introduced into these is
lands free. Such a concession would operate favora
bly upon the growing enterprise of those Pacific
States, as well as upon the interests of planters here ;
and upon the commerce and business generally of all
concerned. . ' . . : i v
In thus presenting this important topic to he con
sideration of the public, we have little doubt that a
.discussion of its merits and feasibility will be elicited,
-which may lead to a favorable result. A convention
of planters, and business men generally, to further
the object, would have the effect of concentrating
their opinions and views, and might induce this go
vernment to send a special agent to Washington -to
propose the arrangement to the American' govern
ment. Such a convention might meet at Honolulu
in June next, when the annual meeting of the Agri
cultural Society takes place, and when most of the
planters, it is presumed, will be present.
. At all events, we regard the matter of sufficient
importance to make a vigorous effort to effect it; and
know of no way more likely to result in action, than
the one suggested above. We invite discussion upon
t,J and offer our columns for the purpose. ' . 1
Xhi Weekxt A.&GV&," made its appearance as
formerly announced, on the Hth inst., under the ed
itorial charge of Mat. K. Smith, whom we welcome
to all the joys and sorrows of an editor's life. ': The
Argus is a small sheet, of three columns to the page,
but the promise of enlargement is held out, 44 anon.'
We re-Iterate our good wishes for his success, and
would intimate to our gentle friend, that he mistook
our meaning, amazingly, when he conceived that we
had any solicitude' for the-4 pecuniary interests'
of bis supporters. They must judge for themselves
' whether they get their money's worth. By the way
when are we to have the completion of iie first aen
rotoeof the first paragraph, of the first editorial of the
first number t the "Weekly Argus'? . Anon!'
perhaps ' -' SY . ' i. I
We are quite disposed to be lenient, in regard to
typographical errors, Jtc.'; especially in a1 first num
ber; but, really, we must whisper in the ear of our
worthy confrere, in the most unpresumiag manner
possible, Do, brother, for the credit of the fraternity,
mend-your nyntax, and not allow "' greatness' of
mind" to i prevent that attention to the littlcj details,
.which true greatness I'.' never overlooks. m.Iu other
words; friend Smith, write your own editorials, and
do not allow the ignoramus who penned your leader,
to disgrace the editorial fraternity, or the printer's
craft, by another deformity like your leader of "Jn.
IV ISoO." We have run over three:tw four para- (
graphs, and have noted a dozen gross grammatical
liuiidCTi of which a school-boy should be ashamed ;
to say .noining oi ine iusiian anecuuon max sweus
... , .. : r. - - r . - . , J.
vkh such self-complacency through the whole and
which in the first paragraphias, absolutely too. big
tor utterance.' i .tr. V.v iik, i4 3sl ikMWt
Judging from the tone -end tempef tf the first
number, the' Weekly Argus'4 h&i merely slipped
into the cast-off cuticle of!.tW!,,Mirrort".;;jNew'
" Times'" &ft.and will faUy develop itself arnnu"
We shall see.
Tm Mails. rThe foreign
Sandwich Islands is again indebted to the 'firm of j
G. B. Post i Co., of San Francisco,' for'forwarding
thVVof,cui. jaithi a'lZiititi
from that place to Honoluln by- the 'Aldebami.
The twofimt-menUoned maila had beealyiflgKtae
three weekain thcl countjng house, waiting an
opportunity to the islands. On the eve of the Bailing
of the Maid .of Julpha, a Bntish brigwbica"Tjve
here on the th inst,' jieasraPost &- oSred
to send them on board, but were answered that the
brig would tend for theWheTaelf, before aairig.
This "they neglecifed io"io, and tfiiw oar mails were
detained seven daya longer than nece.iiafte
pnw-ise been performed A- f irre .'-ti
The mail of the 11th Novn from New Yort, ar
rived 'at San . Francisco oi- the Hth Dec4 "3 it
was only through the promptaeJajd "entrjr Jot
Messrs. rost & Co-, that it wr procored from tie
Post-office before day-light on the 13th, and sect
on'hy ;the jAHebaraa, -which ile4 liafU'
Such gratuitous and highly valuable service to C5
at the islands, seed only to be known, to be ap
preciated by te -entire foreign conunnniy 4 Jiera..
nd we can assure .thein of Ihe wunrsptt thanks of
all interested in the arrival f the niailj, 1cilt ?ir
disipteresltiBdaeeB in trentiVi..,!;-
GasooRT it Co.'a Exraxss haa cx txCl f
f.rnrt ..- 1 Kar - Kt A lr.K - n . . ' - .
THE POLYNESIAN, SATURDAY,
- Fontics News. By the arrival tfVthe Alde
baran on the 13th inst, three mailfrom New
YorkeVe, reserved. Pur advices axe tbibrwgnt
down: to the 29thof October, ; om laverpool, to
Nov. 11th, from New Tork, and to Dec. 14th, from!
- . - i f s Ti j L r- T
San Francisco. I We are indebted to CapU Ldyer-
for fi 0f SanFranteisco papers to thft dateT
r' So calm hair been the weather between this port
and the coast for the past few weeks, that every
vessel has made long passages. The Aldebaran
was eight days in sight of this island, without being
awe iq mase una poru f
testing intelligence in Wff
There is much in1
files,- particolarly concerning the movements of
Kossuth, and his reception in England.
A new' ministry has-been formed in France, con
sisting of the following persons :
'" Justice, M. Corbin ; Foreign Affairs, ht. Tur
cot i Public Inatrnetion, ' M.- C. Giraud ; ': Interior,
M. de Thorigny; (mmereeyM. de Cassabianca;
Public Works, M. Lacrosse.; War, Geru. Saint
Arnaud; Marine, M. II. FortouU Finance, M.
Blopdel. M, de Manpas is named jfcrfect pf Po
lice. -: i ' . ; '.
The English" parliament has been further pro
rogued to the 25th of January nexb::;' . j '-
; The Emperor of Hayti has concluded, trace
with the Dominicans for one year. , . .
' It is rumored that negotiations are pending with
the Spanish Minister at Washington for the release
of the American prisoners concerned ia the recent
Cuban expedition. ; . -. ; T .. . ,
fXT The death of Governor Ujhazy's wife, at
New Buda, Iowa, (the Hungarian settlement) is
mentioned in the papers. . j . . .
The United States steamship Mississippi, arrived
at the Navy Yard, New York, from the Dardanel
les, which she left on the 16th of September, via
Gibraltar, whence she sailed on the 15th ult, with
the exiled companions of Kossuth, the hero of Hun-
ry himself having discmDarKca at uiDraiiar ior
inland. The New York Herald says :
Th shin had some roush weather in her pas-
saee. She steamed 4,000 miles with 600 tons of
coal, one la ancnorcu uu ure ,iu, u m
scarcely at all out of repair. The unnecessary
heaviness other yards ana spars is very remarka
ble, and gives her a very clumsy appearance, and
must interfere with her sailing. She has been
away 2 and a-half years, and would not have return
ed tor another na it-year, om, ior me uruer u
bring Kossuth and his companions to this country.
It"aDDears that most of them intend to avail
themselves of the amnesty, and to go back to Ilun-
eary acrain. CoL Ferczl will probably remain
here." He has got some money saved out ot tne
fire and smoke. The others have scarcely any re-
sources ot ineir own. a ney uau - wuj j,jw
among them alL It is said the old Turk gave
them, on coming away, 28,000 piastres. The offi
cers of the Mississippi made up a snbscription for
them on board, and are ready to subscribe again
for them now. ,
CoLPerczLis brother of General Perczl, who
had the largest army under his command, next to
Georgey, and who was unable to come in the Mis
sissippi, on account of the delicate condition of his
wife. The only two men on board the Mississippi,
who were hung in effigy in Austria, are CoL Perczl
and Col. Hasman,.' Commissary of the Home De
partment. They were both members of the Diet
Major Gyurman was editor of one of the revolu
tionary journals. We understand the Hungarians
have appointed a committee of three, of themselves,
to communicate with their American friends ' and
such Hungarians and other foreigners in this coun
try as may desire to promote their views. These
three gentlemen alone are authorized to speak for
the party. Their names are ixm. uerzenczy, iq;.
Perczl, and Capt Kalapsa.; One cf these gentle
men holds a document m the handwriting of Kos
suth, recommending him and others, as his personal
staJff, to the favor of the American people.. The
writing of the body .of the document, and the
names, is ia a very neat small hand, while Ko6suth's
signature is large and loose. He signs himself
M Kossuth, Governor ot Hungary." ; '
It seems there are two parties of Hungarians on
board the Mississippi one in favor of Kossuth,
and the other against him, and in favor of Count
Bathyani ; and it is said that some curious revela- j
tions will be made in the course of a few days, by ,
the party opposed to Kossuth. , Count Bathyani
was not on speaiung terms wiui nossutn, ana
would not embark in the Mississippi with him.
We have been informed that, had Kossuth returned
to Gibraltar, and come on here in the Mississippi,
a row on board would, in all probability, have been
. . mt ww 'II 1
tne result. , i ne Hungarians wiu remain on Doara
the Mississippi till some arrangements are made
to receive them on shore. -The desire, at least of
Kossuth's party among them, is to remain together
tui tueir great cnieiiain arrives.
.They have been already discussing American
politics, and Have formed tneir opinions of parties,
for of against them. We learn that they have not
a very high opinion ot American statesmen, and
that they are quite dissatisfied with Daniel Web
ster's letter to Hulsemann, which they say does not
go half far enough. hveiythmg was done by the
captain and officers to make them comfortable dur
ing the voyage, and they must have suffered many
privations ana inconveniences in giving accomoda
tions to 60 many guests.
.... i-j) i.; ..- - :' -' .: .. -
THE . AJ.LECEB MISCNDERSTAWOlNO BETWEEN
Kossuth .axd, the.. Ofticers or the Missis
sirpi. We have seen the apartments allotted to
Kossuth and his family. ' .They consisted of a sit
ting room, tad three bed rooms, with a water closet
or, rattier, one oea room neauy oiviaea oy cur
tains; one compartment having a bed for Kossuth,
another for his wife, and another for his children.
" Kossuth and his companions' had : perfect free
dom to do ; what they.: pleased, and the beat under
standing existed between them during the entire
voyage. V J ;'f i ,
r,,,.nc f1M fA horrinn'm, i.
..end, -, it is equally liaises that . there waa -any dim
- 1 - - . .... a n .
culty .between him and the captain, or other officers
of the ship : and we are authorized by the captain,
the doctor, and other officers, to give the statement
the fullest ' contradiction. ' The officers speak in
the highest terms of admiration 'of Kossuth, and
some of them almost worship him, and say that
they cannot find words to convey their ideas of this
mat min. -1 At the same time, it must be confes
sed that there t an - trader eurrent among some of
the oocerej wbo were-very dissatisfied with his
having gone to England before coming to America.
They say he did not sufficiently7 appreciate - the
compliment paid to him by the Amen.an goverri
ment, whf wver extended inch ' an. Honor to. any
other man oxcect Lafayette ; while , bis"' entho-
(iastk., friends among.tbe officers defend, him .for
tn8, and say toa. lie showed his greatnesa and tact
by going to England first, to which he was bound
in .trratitade. for HvinT nsed such mediation as
aeenred his, liberty, v fi$t the .better to further
bis ultenor views wita rejnrrd to bis native land.
England, however, never oCcred him a ship of war
to take him out of captivity, -and bad it not been
for the America fnpZs, ksj-si-lt Lave been ct
tared jKStt 113 ;Lorz3 1 mw; "atey ar.i,
besides, he "h& no money to take himself and his
familj w. liiglaad. Wle tH J&fthe Officers and
crew a 'f6Lte4 Ui bJt Hrjzg tie pleasure
of 5-rreyicj.t.iIhtri to our i;re
tor 9 lake one view and some another of his coo
tx riE-cdve;ia l:Z"fcoaa bv the
-4"-T-r?.-i?rji ?VL?7Ziy Ai'i;
lliadac; i-1 c " iacrt -c a KrxS-trp6atm.in free
doen, e-L - Zrlz Z,21 tccsnw to t-Svityi.W
, 1 K ""- .zzrvts jnm the greatest
v" a. v i.3 jmm. hailed it as a ray
.csie:"- .- Cy downtrodden, to nrr
Tt-Jiat tiaa trtra land. I hailed
W; --T tz2tnxz?x rw-iUtion rfyoar glo
rwuijooplea iympaChy tolUt rrijiciplt whic was
and will ever be the' aim of all the endeavors of all
my life. . a " .-.. '-:''
Ancb when, with (he noble, minded consentment
of the Sultan. I stepped on board the Mississippi fri
rate. and once more firee,v because under your glori
ous flac- heard the warm, -generous, welcoming
cher oi office,, Rnd the crew-4hose frank, loyal
i .,-: fmAAvm
men, the true representatives pf American freedom,
American Greatness. American generosity, I could
otorbearto have the impression that the spirit of
America's young giant has shouted over the waves
to old Europe's oppressed nations, " Don't despair
here is a brother's powerful hand to your aid!"
These being my sentiments, you can judge by them,
sir, .how fervently I must have wished to have - the
honor to he conducted, by thi very frigate to the
the Apathy ot the United
States" is not given to any man in the world for his
own sake; but tor the principles' sake that he repre
sents. And so I felt convinced that I would prove
unworthy to this sympathy (this highest treasure of
my life) should I neglect, for a single moment, the
duties which Divine Providence has assigned to me ;
should I neglect to provide according to the exigen
cies of circumstances for the interest of yonder cause,
which - the glorious, Ilepublifi, of the United States
honored with its approbation and its sympathy. .
. It became, therefore, . an imperious duty of honor
and conscience to me not.tjo leave Europe without ar
ranging hiy public and private affairs, and carefully
providing against any harm to the sacred aim of my
life, for that time which . I shall have to enjoy the
honor of the hospitality of your glorious land.
- So the most imperious duties of a patriot, a father
and a man, impose upon me the necessity to stop for
a few days in England before I continue my passage
to the United States. '
. Com. Morgan, at Spezzia, and afterwards Captain
Long, of the Mississippi, here did, with the noble
kindness of a true - American heart, appreciate the
motive of this necessity, and generously consented to
wait with the Mississippi in the bay of Gibralter, for
my return from England with the packet boat which
leaves Southampton on the 27th inst. ;
, But' the' government of the French "Republic,"
(not the French nation, but its present government,)
refused to grant me ' permission to pass rapidly
through France, by which passage I might have
spared time and sufferings to my wife and children.
And now the first means of conveyance to England I
can avail myself of, is only a packet boat, expected
to-morrow to arrive from the Orient ; and this, too,
making eleven days to England'from here.
. On the other hand, Capt. Long informs ne that any
longer delay here would render not only my - associ
ates, but also the officers and crew of the Mississippi,
liable, in approaching the coast of the United States
at a lafc season, to many sufferings, by having to en
dure excessively severe cold and stormy weather.
. So considering, on the one side, that the nost sa
cred duties force me not to leave Europe for some
time, before providing for my affairs in England, and
considering on the other side that only staying eight
or ten days in England, it were entirely impossible
to join' again the Mississipi here before the 18th of
November, so that of course we could onlv arrive in
the second half of December on your: -hospitable
shores, -it became, absolutely a duty of honor to me
not to cause any augmentation to the hardships and
sufferings to the officers and crew of this sliip, and
not to embarrass them in their public service, as also
to alleviate my own associates in their passage to the
United States. . .
These are the motives, sirj which deprive me of
the honor to be conducted to your glorious shores
on board the Mississippi frigate ; but I feel consoled
at the idea that in adopting such a course I not only
have relieved those who are on board the Mississippi
from such sufferings, but myself also will have the
high satisfaction an entire month sooner to enioy the
happiness of landing at New-York, as I am decided
to leave England on board the steamer which leaves
Liverpool on the tn Isovember for Nc-Vork.
. Having had the inestimable pleasure to read re
ported in the public papers tnat the city of New-York
resolved tO honor, vith a generous reception and
hospitality La my undeserving person, the cause and
principles 1 represent, i regard it to be my duty res
pectfully to inform you, sir, and by your kind inter
ference, the generous city of New 'i'ork, about my
intention to leave Liverpool for your city on the 7th
I confidently hope that the people and government
of the United States will appreciate my motives', and
approve the course X was bound to adopt.
Let me hope, also, sir, that I might nothing have
lost by the imperious necessity of this course, from
you and your people's sympathies, which, though
conscious not to have merited, I consider the greatest
honor of my life, the highest reward for my suffer
ings, and the most honoring encouragement steadily
to go on toward that noble aim which the people of
tne united States nave sanctioned and sanctihed by
' Be pleased, sir, to accept the expression of my
highest records, lasting gratitude, and most distin
guished consideration, with which I have the honor
to be, your most obseouious servant, '
, U.S. Steamship Mis.'.issiri-i, Bav of Gibraltar,
v." October 14, 1851. '
Chief Justice Lee and associate Justices Andrews
and it on the Bench. . . '
' The King vs. IToopalahe indicted for embezzlement.
The counsel for the crown entered 4 Nolle Proseyri.
. The King vs- Kekau indicted for an asaault : and
battery with intent to rob ilr. T. W. Everett and Mr,
Postponed for trial at the next May term of the
Circuit to be held at Lahaina, the prisoner having
made an affidavit that he had important witnesses at
Lahaina,who could prove that he was in his house
on the night when the assault was made.
; The King vs. Xaelemakula et aL indicted for trea
son. Verdict not guilty. Evidently the court and
ury thought that the prisoners though guilty of a
riot were not liable to be hung for treason. -A-
B. Bates Eq. counsel for the crown.
'. J. Montgomery Esq. counsel for the accused.
, The King vs. Paalua indicted for forgery. The
prisoner was arraigned for the forgery of an order in
the name of governor Kekuanaoa on the Minister of
Finance for $ 100, and another on Mr. Edward Brown
for $20. .Verdict guilty. - ; ; . .
', . A. B. Bates, counsel for the crown. : ! ;
, ' J. W. IL Kauwahi, counsel for the accused.
' ' The King vs. Kaapuni and Nahelaka, indicted for
passi.(j counterfeit orders.". These prisoners were
arraigned as being engaged with Paalua in his forgery,
they having delivered the orders drawn by Paalua
on the Minister of Finance and on Mr. Brown. -.
,The counsel fof the crown entered a Nolle Prosequi
against both.: ' ' ' 1 ' ' "
The King vs. J. C. Smith indicted for smuggling.
fie counsel for the accused raised a question pf the
jurisdiction of the court .to try cases' of smuggling
except on appeal from the inferior courts, and in sup
port of their point, cited the Act passed' at the last
session of the &gisattie,''"ul,d' extend the unsdic-
Con of : jPplice ,Magistjratvanil: &stric justices over
times of smuggluig,','.etc, and moved, that, the indict
ment be quashed. 4 It was agreed by counsel that'in
ease the tuition wa denied the "tfrisoucr "would enter
a JO W jpiflty, - UV W.' i 1 -
" f-rt. t 1. m . . ,? " a . . m . - . . .
voia jusqee ajgc ueayirea roe opinion 01 iae court
hich was to the effecf that the original jmiC!iction
Of thi jtirt'to try.es 9$ smugjlmgfwaa not at all
impaired by the aci of last feaaipi whichinerely ex
tended thi jurisdiction of Police aad District JustkXa
withoQt l.roinithir.g in the least deee that -of the
Supepcx Cvzi, :r The motion to qjiash jJe indictment
ras denied. ;..Fle f .guilty ent?d and the court
Y.r rcctoaaaad 8;"BaiMbk fsqiafor the ac
TheELj Xuaana Indicted for manslaughter in
kl-Iing IJuiani a constable who interfered, with the
prisoner hile beating his wife, 'Verdict guilty.;,"
B. Bates Esq. counsel for the crown. '' - 1
I 8. Burbank and J. W.H. Kauwahi Esqrs.ibir pri-
tmt JatlAi-'i- :K'--ist,nii .-.s-r .. :.ji t, . -m
.! ! King vs. Kannu and Kauw The accused were
fowid gailty tf adultery in the. court beloir and the
ca came befbte thiaourtori ippeaLr1 as r
JANUARY 17,! 1852.
' A The evidence on the part of the prosecution was so
slight that the court ordered VjVUZa Prosequi to be
entered. ' . '. - . r i - - -
'. The King vs. Antorda Manuel indicted for felonious
branding. ' , Neither party being ready for trial this
case was postponed for trial at the next term.
The King vs. Daniel Friedison indicted for assault
ing arid shooting with a pistol one John Stevens, with
intent to murder, maim or disfigure. The jury found
the prisoner guilty, and recommended him to the
mercy of the court.
A. B. Bates Esq. for the crown. " j " "
S. Burbank Esq. for the, prisoner. ' ; r .' . : I
James C. Jewctt vs A. P. Everett, T. Shillaber
- - ....
and J. J. J aires. ' ' . '
This was an action bv the plaintiff as Captain and
Consignee of the cargo of the 6hip " Philomela," to
recover the balance of the proceeds of that cargo in
the hands of the defendants, - amounting to iourteen
thousand dollars and urtwards.
The defendants were ready and willing to pay, but
thev denied that thev were bound to pay the plain
tiff. They contended that they held the proceeds of
the rhilomela s cargo, as agents ot .Messrs. J. now
ard & Son. and not as the agents of the plaintiff.
The main question in the case was one of law, the
evidence bemg almost entirely written, ana tne coun
charged in favor of the defendants.
A. B. Bates, Esqr. for plaintiff.
S. Burbank, Esqr. for defendants.
Mano vs Mahuka.
This was an action for trespass in taking 500
goats, the property of the plaintiff.
Verdict, for the defendant. '
J. W. II. Kauwahi for plaintiff.
J. W. E. Maikai for defendant.
David Olcloa vs Abel Harris.
This was an action to recover back the sum of
$1200 paid in part payment for the schooner " Spar
tacus," on the ground that the defendant has not
kept his contract, with interest.
Verdict for the plaintiff, in the sum of $1264.
J. W. II. Kauwahi, T. Montgomery and A. B.
Bates, for plaintiff.
C. C. Harris and S. Burbank, for defendant.
Thomas Richardson vs G. II. Bush.
Assumpsit to recover for fifteen months services
as clerk in the butcher business. .
Verdict for plaintiff in the sum of $-503.
C. C. Harris, Esqr. for plaintiff.
A. B. Bates, Esqr. for defendant.
Kahiki vs Kianui.
This was an action on a contract to recover dama
ges for the non performance of the defendant in not
delivering certain stone for the building of a fence. :
Verdict for plaintiff, in the sum of $101,62.
J. W H. Kauwahi for plaintiff.
Kaneliina for defendant.
Lea Ikeolc vs T. Metcalf.
This was an action for false imprisonment. " -
Verdict for the defendant.
" J. W. H. Kauwahi for plaintiff.
C. C. Harris for defendant. -
Kalimahuna vs T. Metcalf.
Assumpsit to recover the value of certain kalo
patches. ' '
Verdict for defendant. . 1
- J. W. II. Kauwahi for plaintiff. :
C. C. Harris for defendant. .
Alauka vs Pukawale.
This was a quarrel about the ownership of certain
Verdict for plaintiff in the sum of $30.
Kalauhala for plaintiff.
J. W, Kauwahi for defendant.
Jellies Mann vs Edwin Jones.
This case or motion of counsel for plaintiff was
referred to J. Montgomery, M. F. Stokes and A. Pi
i-vcrett to hear and report thereon to the court.
A. W. Parsons and S. Burbank, Esqrs. for plain
C. J. Allen and A. B. Bates, Esqt. for defendant.
Alexander Morrison vs B. F. Bolles, O. D. Gil
more and T. W. Everett.
This was an action to recover damages on an at
Verdict for plaintiff in the sum of $3000, the full
penalty of the bond.
A. W. Parsons and J. Montgomery for plaintiff.
A. B. Bates for defendants.
J. W. Kauwahi vs J Piikoi.
Trespass damages laid at $4000.
Verdict for defendant.
J. Montgomery Esqr. for defendant:
There have been twenty or more other cases dis
posed of this term, but we have no room to give an
account of them.
For the Polynesian.
Mr. Editor, In reading over the article of Mr
Wyllie, in the Polynesian of Jan. 3rd, in which he
endeavors to justify the exclusion of clergymen from
the house of Representatives, as suggested by him,
the writer of these lines could not help but make
some reflections, which, obvious as they will appear
to many, perhaps may rightly claim an expression
in the same paper. Mr. XV. supports this legisla
tive measure with arguments drawn from the pecu
liar duties of clergymen ; he disqualifies them, in
order to keep them close to the obligations of their
functions : he, the statesman, takes it upon himself,
to provide for the conscientious performance of
their duties, by debarring them from the access to
a career, which may possibly deviate them
therefrom. Such a proceeding, resolved upon by
a competent ecclesiastical authority, misrht be
deemed right and proper, but it is otherwise, when
a statesman assumes such a position. The ques
tion arises : has he a right to do it? can he or any
civil authority take the lead in purely administra"
tive matters of the church ? " - Mr. W. appeals to
the example of England. But is he not aware of
the vast difference, which exists in the mutual re
lation of church and state there and here ? Has
not England an established church, the head of
which is vested in the supreme civil authority ? and
is it not this amalgamation of both bodies, which
since its first beginning, has given so much offense,
not only to Dissenters, but even to Episcopalians ?
proof, (the different movements of high church
men, ractarians, and the recent Gorham case,
that has played, in the hands of Parliament, such
an essential part in the discipline and administra
tion of church matters ? And yet it would seem,
that the alleged Act 41, George III, C. 63, ad
mits a different interpretation from that made
of it by Mr. W. ; for in the. previously men
tioned exemptions ' from onerous ' duties and
functions, we meet the expressions: u they can
not be Compelled ."are exempt,",.? privileged,'
but here it says : M they are not capable." Why may
we not be allowed ;to refer thii imputation Of in
capacity" to the jealousy of the highest episcopalian
dignitaries, who would bear ill the right of a low
clergyman, perchance even a Dissenting' one dr a
Catholic; in. such. an- influential, poet, as. that of
member of Parliament ? - At all event the incon
sequence is palpable, which gives to the. higher
clergy such ta( weighty part in the . legislation,
whilst the country sarson cannot be admitted to
the House of Commons. . Are the clerical duties
of a bishop less important than those of a minister ?
or is it more diScnlt, to find a temporary substitute
here, than there ? With regard to the quoted eight
states of IN. Awe read the motives only of .one
of them, and such an isolated fact cannot be pre
judicial1, besides, the named states do certainly
not take the lead among their sisters, as far aa in
telligence and political, importance ie concerned. V
However with; an establishment Mr. WYa law
and motives might be warranted, it ie very differ
ent where church 'and state are independent from
each other, and full toleration is exercised. Every
encroachment of, the state on the discipline and
administration of the church, or any. infringement
of the rights of its members, as such has to be re
pelled with energy. ; To the state, the 'members
and officers of religious conimunitiee are merely
citizens nothing else. Any deviation" from thie
principle, leada eitherto an esUblishment or to in
tolerance. " J",?";H -V t ; I & " ?
The political legislator most not influence tne
inner organization and discipline of christian com
munities, unless they come in collision with exist
ing state-institutions or lawe-v He may make con
cessions to certain dogmatic article of religious
denominations, as is the case with Quakers, Mora
vian brethren, Jews, &c in modifying an obliga
tion to the state, which ia in contradiction with
their consciences, but to take rights away from
them, he Is not entitled. .
This leads to another point. Mr.W;dnsiders the
eligibility to the house of representatives as an onus
a burthen. That it may be so under certain cir
cumstances, .cannot be questioned, but the safest
remedy against this; evil ia the right of declirurg.
As far as the writer . knows the views of nations
and individuals on this subject, it is held as a right
still more, an honorary right, for it holds out to man
the prospect, to a situation, which, more than any
other, procures him the esteem and respect of hie
fellow-citizens. Only ,by. disgracing crimes this
right can be forfeited. " f -e v - - - -The
writer will not deny, that there can be cir
cumstances, which may induce the politician to
exclude a certain class of individuals from certain
public functions or employments.: Bat then it
must only be with the design to ward on an evil,
and really from this point of view has the exclusion
of clergymen from legislative "assemblies been
lately urged in different countries. The reasons
were, on one hand, the preponderant influence of
which in some countries an organized clergy is
possessed over the great mass of an unintelligen
population; on. the other, the possibility of an
abuse, which the clergy represented in undue pro
portion, might make for the interest of its denom
ination and the prejudice of political or social in-,
stitutions. These dangers are less important in
the more enlightened countries,1 and dwindle away
against the injustice, involved in the violation of
rights of a great class of respectable citizens- If,
however, Mr. W. can defend his measure from
this point of view, we will give him at least credit
for. fighting on his own ground. 1 ' .
- Mr. Editor By inserting the following in
your paper, you will but perform an act of justice ;
as the friends of Temperance have not had ne
fourth the amount of your columns that the ene
mies to this cause bave exacted; and it is but fair
that the remedy should be employed, to counteract
the poisoning influence of such articles as have
been inflicted upon this community. ' i ,
Notwithstanding your disclaimer, in last week's
paper, we desire to be heard, for the Jint time
through your columns : i '
An article in your paper of January 10th, con
taining the views of the writer on the subject of
Temperance is commendable for the courteous
spirit which pervades it. . Not holding the same
opinions of the writer on this subject, I desire to
give my reasons for sustaining the grounds of
total abstinence both scritpurally and politically.
Experience has taught those who have had an
opportunity of witnessing the, Temperance move
ments in other countries under the ."old pledge,"
that by allowing wine to the members, no sacrifice
of comfort, or self denial to the wealthy classes re
sulted, as this constituted emphatically the gentle
man's beverage. To those in poorer circumstan.
ccs, accustomed to their rum and gin, these cheap
er commodities only being within the reach "of
their means, they, if joining the voluntary associ
ations for the promotion of Temperance, had neces
sarily to practise these virtues. '
The writer of this article in many instances has
heard the argument advanced that the rich could
freely partake of their wine whilst the poor labo
rer was deprived of what he considered his "drop
of comfort." Restrict the wealthy in your pledge,
and I will cheerfully join your society and give up
viy favorite beverage, was the common remark
among the poor. ' " ' .
Necessity, consistancy and common justice re
quired a compliance with the requirements of the
larger class, and the pledge was amended accor
dingly. The quotations from the Bible given by
Mr. Rhodes require some examination that we
may arrive at the true intention of the expressions.
Several of our most learned Divines after careful
examination of this subject state that two kinds of
wine were in use in ancient times ; the one an un
fermented juice of the' grape which in scripture is
commended as of service to mankind, and another
the fermented or alcoholic to which reference is
made in Proverbs? xx, 1. uWine is a mocker, strong
drink is raging and whosoever is deceived thereby
is not wise." Proverbs xxiii,31 and 32, Look thou
not upon the wine when it u red, when it giveth
its color in the cup, when it moveth itself aright
At the last it biteth like a serpent and stingeth
like an adder." The commendation of the unfer-
mented wine, it is believed, is perverted too often
by those who seek, in the sacred , writings, for an
apology for "wine bibbing and drunkenness." . In
Oriental countries customs are slow in changing
and we are informed by travellers that the express
ed juice of the grape is at the present time, inspis
sated, in which state it will keep without fermen
tation an indefinite period of time, and is still when
diluted, drank and preferred to, any other form in
several of those countries. . ; ; .
1 If the above statements be correct, the scriptu
ral argument in favor of drinking the' compounds
of whiskey and logwood, grape juice end - brandy.
called wuk at the preseat day, are fully answered.
We could extend the' scriptural, argument to a
length that would greatly exceed die limits of your
columns, but will leave it with the remark that if
the principles which governed St Paul 'V Corin
thians, vui, 13) had but its proper influence upon us,
we should be free from setting an evil example to
those :who may be ruined thereby. ... !. "-. .!, "
: The writer is evidently unacquainted with th
principW of Total Abstinence Societies,"1 or ' we
s noma not bear the oit repeated and as often an
swered charge of "wi testing rights," or of compul
sory "regulating the diet" of others,, ascribed to
these associations ." . ?" vj,. 1
For his informatfon we would state that' these
gocietiee have never claimed jhe right to uao poer
cive measures for the propagation of their doctrines,
b ut on the other hand pursue their' eooree by at-
tcuipung m correct ana . recjau, ue . araiycarq ey
.j a. :., .''"-, .
moral suasion, and to prevent' moderate drinking,
jby showing the teidericy which past experience
V , . .V. '.''"'- '"i-.
nas taugni us, uai-ute ranas o. amnaennesa are
always filled by recruits from thia' class,- lie u
mita the evils of drunkennesswhy Wtatrike'V
the root of th evil, after experience has taarht
that . "human -. reason" is . entirely insufficient fa
overcome the habit. Hie reference to the tj&it
States is one in point" America received bad
cal laws, bad drunken habits and bad negro iq
tude from her parent England. The first ihe
ed out by the declaration of independence,
second, is now undergoing the "expurging
cess by the voluntary association of the good
the wise under the banner of Total Abstinence
The last remains to blacken our civil code; in ten.
Ij JbeOf JJte ltenfromjh-
out by State Legislation. 1 1 rj f
The worst of servitude is that inflicted by tj
brandy Bott3eT t(Tdnine genuTf and is if
... . ' N , , t.:
prising tw Americans aoouia prw-uij a teco
1 k j ' . 1 ' k r L J- i
declaration 01 mae
e afer so sUrcessful 1
first effort ?. 1 j : ;t j'.lT -' '-. ''
"By the closijst. reasoning" tat I czn, bring t
bear upon the political question involved' in the
premises, the government have the right to impo
duties, on rum, gin and brandy toi an extent nottx-
eeeaing meir ireaiy supuiauons. -: . .
The firjt law of nature is jelpjteservatioi'
and with this law staring our (Legislators intfe
face,' I conceive they not only have; the right, Vt
owe it to the nation, to impose a heavy duty u
protection against theso destroyers of the hmtat
race." The talk about "tyranny and oppression
arbitrary and unjust" &c&cl,' are applying Ten
high sounding but very inaccurate terms in this
connexion. . ' r
' If Mr.'R. will but reconsider the subject wi4
coolness, I have no. fear; but the result will ie
creditable to his head and to his heart, evenj if it
should be at the expense of his palate. ;C .
For the rolraeaiita.
-Mr. Editor, Can you inform your readers what
a " myth" is ? as the "Weekly Argusr'! is said to
be a " myth," with a " sphinx-like caze." I should
like to know what a "myth" is- AJAJL
We do not pretend to be very deeply read or
mythology, but from what we recollect about it,
we are rather of the opinion that the word .J myth
is of modern coinage, and it doubtless represent,
the impersonation of eyerjrthin fabuloay-a cog
nomen peculiarly, applicabiltftjiftw-apers that
deal in fables, and nurse monsters We pass the
inauirv over, however, to oar more leajned cotea-
porary for a solution. Ed. PotTTrtsiAff -
REFREscnTATivcs. In addition to those poh.
lished in oar last, the following'' persons have bee
reported as elected to the House of 'Represents,
tives from the several districts specified. .
R. E. Wakeman, Waialua, Oaho j Z- P. Kao
maia Lahaina, Maui; Naiapaakai,' ' Kaanapili
Maui ; John Richardson, - Waikapu, ' Maui ; 2L
Kaauwai, Makawao, Maui; J. llarbottle, Han,
Maui ; G. Rhodes, Hanalei, Kauai, J. F. R Mw
shall, Lihue, Kauai ; G. M. Robertson, Hamalm,
HawaiL . , . --- - - - - . . .-.
- Latest: oatks ksom Saw- Fawcfsco. We
are indebted to G. D. Gilman Esq- of Lahaina, fix
the Alta California of December 15th and 16th, re
ceived at that port by the schooner Edward I,
Frost, which arrived there, on the 13th inst, 22
days from San Francisco. . ; ; , t-
The market is reported dull for island pr
ducepotatoes selling for 1 cent and 1-1-3 cent
per lb.- A cargo which cost $1,000 at Hawtii,
sold for $300. ' . . .
' The steamer "Constitution" is advertised to
sail for the Sandwich Islands on the 22d Decembo.
"The Constitution proceeds to Honolulu, en rouW
for her station between the Sandwich Island
where she will be run by the North Pacific Stem
Navigation Company." r F. R. Loom is, Secretirr.
Tlie steamships Panama, with 240 passengea
and the North America with 200, cleared on the
15th, the former for Panama and the latter forSu
Juan.' The shipment of treasure by the Pamum
amounted to $ 1,300,000, none was forwarded If
the Nicaragua route. ' The apparent falling pff
the amount is explained by the fact, that the shore
sum was the accumulation of only ten days j the
Golden Gate having taken 5 down 'yy larje
amount on the 5th. '.I., , .
The Aha says, "Private advices from Wash
ington, announce it as certain,' that Mr. Webster
and Mr. Corwm would leave the Cabinet on the
first of December. It would not surprise as t
find this rumor truej but there have been so roan
predictions of the kind, that . we hardly ftnow whe
ther to give this credit or not. H s' r. -
The two warehouses of Messrs Hassey, Boa
and Hale, fell, with a crash on the 12th, owin to
the weakness of the piles which supported theso.
A vast quantity of goods wcrw buried' in the water
no accurate estimate of the loss hattyet oeen made.
-A new work, "The life and character of Jobs
Paul Jones," by John Henry Sherburne, has bees
received at San Francisco. It is dedicated to the
Hon. Wm. A. Graham,? Sec "of the Navy, aol
therefore presumed to be a correct and" valuable
addition to American history, r 1- ! : ?
The Hon. J. M. Jonee, C.S.' District Jadg?
for the southern district of California, died at Sm
Jose of consumption on the 15th.
THE SANDWICH ISLANDS EXPEDITION
A recent arrival from Honolulu informs us th
the expedition which sailed from these shores a
the last days of October, concerning "whose inte
tions and prospects so much was said at the tin
of departure, reached that port in safety and the
correspondence published in another column 1
nounces that a peacable landing was. effected, the
company having been received with a kindly &
come ; and that, up to the date of our last auric
everything betokened harmony and . quiet in tht
affairs of the Sandwich Islands. The members
the expedition whatever motives, may have iflih
enced them in setting out, are represented f
having settled down in their new hooves maraft5
iug a disposition to' obey the laws and respect th
existing authoritr at the Islands ; in one instancy
only; are We' made to record their violation. ' . Tbflf
have expressed their contehtedness with the aspec
of affairs,' and'in their letters X6 herr .' friends
this country, they..wto,cheeirfully, and allude
frequenteepitf-Uties and attentions extended th
by. the resident foreign population of the Islam
The English class of residents alone.appeariDg to
entertain apprehension and' distrust it their ptc
ence." It will be perceived by oureoiresponde
that the King was absent at the date of the arm
val!of this expedition. ' "';.'' ! ! ! -I '. y
Cpkrinw'ehr'own tolerably r iomprehena'
accountar with statements of the most private j""
tare received from Honolulu; '6ur 'conviction tw
the peace W- which they have landed will
some time continue unbroken, still remains ao
changed." We find nothing whatever to inds
the belief that a rupture; with th Governs
would rfrtly'ensie. And1 the policy of thrf exp
ionista will undoubtedly be to encourage aaa
maintain amicable relations with the foreign
dents of th Islands,' as WU . a
fneKLhip and favor. It will be murf swatk -fore
the froitar'of their idventore will rtpen.
TboQh they have reap bed the eyerie of their ce-tprr'L-Iad
actkrt, at lime1 whenT duHaess Z
tagnation ixi bqsineis would" fcrmost; seem'; to