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!t10-i HONOLULU, SATURDAY, .MAY 14. 1 853. v. -Jj.
""" . - . i i a i : : . T .
t.iiainil weekly at iioaoiuiu.vaiiu, naiu
EDWIN O II A LLf EDITOR.
.nnrnprtnnnm. in advance, . 6 00.
( Lie copy six raonthsJa advance, &3 SO
Single copies, -
Uates of Advertising.
Mfilhip.s) first insertion.
m; linftsi each continuance,
r s.tuare (S lines or less) hrst insertion.,
. 1 i a r lftssl ench continua..
Jis, Notices, tc., not excccJ.ng one half
i.iuare, hv the year.
,U, Notices. etc, not exceeding one so.,
.1 - t....::. nnt pxrcoJini? one Ilfllt
j i v ainciusiu- ' o
tuluran, - - " ,
i 1 . T . nnr ..lit-
:V auvcru.u .r . .. ' , i
Yeailvadrertismijli'mted to ine aueniscr
malAovektisemests. Twenty uvecenrs per
i .rtlin iirtinsertioa, andsix and one fourth cents
k u-h subsequent insertion.
vice. . ,
',1ransientaJcerlisement$wll be inserted , unless
Kcal Kstate lor Sale,
Uv Tuivatk Contract ! !
T1IE following valuable and extensive prop
crties -will be sold without reserve, by the
F-ri!cr. . .. .
Ur I. All those w'cll fenced lands and premises
.... vi VaViinL atlioinins Honolulu, on
Lh the subscriber now resides and on which are
ted extensive and commodious dwellings ana
muses. The well known salubrity of the situa-
and its proximity to Honolulu, render these
a most aesiraDie lnvesiuicnt. iun
t in fee simple by lloyal Tatent.
T Containing 3U i- 10U acres, siiuaw ai
,a Valley, comi)rising a quantity of Kula and
r 3. Containing S 91-100 acres of Kula land,
te at Ewa, and called Kaihuokapuaa.
T i. Containing 2 3-100 acres, consisting of
patches and tish ponds, situate at Ewa, and
m by the name of Kanupoo.
I '..it-iiniii' i n.l MiToK Kalo land and
tt acres Kula laud,ituate at Ewa and called
,r (j. Containing o h-itu acres ivaio ianu, eau
niinalu, in the district of Ewa.
t 7. Containing 2 3 -100 acres ot Kalo land
.i-lt acre Kula land, situate at Ewa and called
r s. Containing about 76 acres at Ewa, called
;ihu, this lot comprises 2 tish ponds, and a
titv of Kula and Kalo land.
r j. Situate at Ewa, called Taiw-a, containing
vrcs Kalo land and 2 fish ponds, inesisuring
T i o. Situate at Koolau, called Maunawili, con
iig 070 ai res of firt rate Kula land 200 acres of
'a is covered with Ki trees.
T 1 1. Adjoining lot 10, called Kulapuaa, con-
ng about l'0 acres Kula lamL
mi. The unexpired le.Le, (18 years) of 130 acres
at AVaikiki callol Kaneloa.
1 the foregoing proiicrties will lc peremptorily
ed o lv order of the Trustees.
r particulars of title &c, apily to
J. Montgom kuy, Solicitor,
molulu, Oct. 14, lS.52-tf-21
0FEKAGE. J. A. Ilurdiek iaing taken lh
-land formerly oc upied liy C. II. Marshall,
Jnr aUove B. r. Mio', will continue to carrj
e coojier's bu.ineas in all its branches at the
e mentioned place, where he hopes that those
s friends who have hitherto a Horded him a lib
latroua;c will not fail to give him a call.
IJ. 1 ,500 bbls water casks on hand and for sale
.itral terms. 2-Iy
I'TI'lTS. A complete assortment of Vha!c
incus Slops, and outtits, for sale by
J. C. Sl'ALDlXG.
.nolulu, Oct. 22. 18-52-tf-24
IM: APPLE C II KESK.- Cases of l'ine
Apple and hhds. of Goshen Cheese, tor sale,
. hv J. C Sl'ALDlXG.
t. 22, tf-2t
ST KECE1VE1) by tlie undersigned, a choice
issortment of JEWEI.lt Y, &c.
f-23 1). X.FLITXE1L
IERIIY WIXE, CJIN, &C20 cases very
ujKTior Sherry ine, 30 lo lloUand um,
Ale, 50 M Mau'iia Cigars, for alc by
t. 22, !S52-tf-21 J. C. Sl'ALDlXG.
. . .-T- 1. V Pr!... Ill
) lump, iuierior honey due tobacco, 20 boxes
:cr"s 8s euiierior cavcnillsh tobacco, just re-
l ier bliip Ckarles, and for sale by
v. 6. 1852. A. 1. EEItETT
JyiCE. Dr. S. Tortcr Ford would inform his
piciid.s and the public, that his only oliice is on
iniiiuu htrect, next door lelow .Messrs. toauy
the connection heretofore existing lietween
.Hthrop and hunsclf having been dissolved,
ticular attention given to diseases of the Eye
,ar. ov. 3, tt-2b
)V LAXD1XG from Ship Charles, and for
sale by CASTLE & COOKE,
00 feet planed Xo. 3 pine boards, 20,000 feet
a. 2 ; 5,000 feet do. Xo. 1 clear ; 2,000 foet do.
clear plank; 150 m. extra shaved cedar shingles.
chasers taking the above lumber from tne
can have it carted to their vards without cost.
JCTOlt S. rORTEIt FORD, SURGEON &
PHYSICIAN, .office in Kaahamunu street
door below Messrs. Coadv & Co. Medicines
for shipping at the lowest price.
tit ular attention siven to diseases of the eye
'.W AXD CHOICE PERFUMERY.-
T RECEIVED exlsrig Moctenuma, a choice
sortmcnt of perfumes and Extracts, amoii:
are, Eau de Cologne, Eau de Lavender, Agua
attention of the public is respectfully solicited
above which are of superior quality and war
renume from the manufacturers in l'ana.
hv S. PORTER FORD.
""c. 18, 1852-32-tf Kaahumanu St.
1XE Two Dwelling Houses, each con-
rooms, detached Cook House, and en-
tuated in Robert' Row, King street.
e. Price ScSOO each, which is less than
wst. AppIv to SAMUEL JOHNSON
IJVeral parties having to ale
S!, the undersigned ill
i anr number require,
1 commission on sut-h a tmd :arSCs. anJ ll'e
he-expet-u a vessel out nsactln-.
cive m :'Tsci out rt falL thoe parties
b ,a out by that convey-
.-' "auon respecfi , . .. . , -,
i here, will be fur - W the probable cost laid
I u 2fi.ff.-ic 'wusneo . I j ANION.-'
f l OF LADING for . ," ":-
(office. ,le t the Polynesian
V U f.
TVO LANDING AND FOR SALE. A splen
J. did assortment of English, German and
French Goods, Ex. Mexican brig Moctezuma, vix :
Dkt Goods. .
Trinted Jacconets, two blue prints.
Two blue embossed prints, blue and colored prints,
Turkey red prints with yellow fringe.
Plain turkey red cloth, fancy prints, white shirtings,
lllue bafts, grey domestics, blue twills.
Grey American twills, white do,, regatta stripes.
Bengal stripes, w hite blue striped bed ticks.
Denims, white checked muslins.
White cotton, small lace, checks and stripes.
Musquito gauze, victoria lawns.
Cream colored sheetings, bleached sheetings.
Turkey red and wliite hdk'fs, printed hdk'fs. ;
Urocadc ponchos, woolen ponchos.
Orleans black and colored, woolen blankets.
Cotton and linen thread, white and colored do. .
Printed coralis, ladies' silk dresses, mufliii do.
White and figured muslins, silk hat ribbon, silk
TSlacfc satin, Patau shawls,' half linen and linen drills.
White and fancy colored elastics, pantaloon stuff. .
Buckskin, towels, osnaburghs, burlaps, bunting.
Canvass, empty bags, silk umbrellas, cotton do.
Silk parasols, elastic suspenders, Berlin wool.
. Clothing, Shibts & Hosiery.
Cliildren's Cotton stockings, ladies' stockings.
Men's Cotton socks, woolen do.
Sailors woolen stockings and socks, do jackets. '
Wool shirts, beaver jackets.
Cotton drawers and under-shirts, regatta cotton do.
A splendid assortment of ready-made coats.
Jackets and pantaloons of all kinds, cloth mantles:
Paramatta do., flannel shirts.
Boots, Shoes, Hats, &c,
Sailor's shoes, men's shoes, lasting gaiters.
Ladies shoes and boots.
Italian straw hats of two kinds, awake hats.
Blue navy caps.
Assorted blank books foolscap paper, medium do.
Pocket-liooks, memorandum books.
Provisions, Groceries and Liquors.
Refined loaf sugar, superior butter in stone-jars.
Sweet salad oil, French bottle-fruits, as'td pickles.
Durham mustard, vinegar.
Superior Holland and common gin, port wine.
Madeira, Cognac, stcarine candles, cologne water.
Havana cigars, Regalia, common and London shape.
Lavender water, Florida water, perfumed soap.
Pomade, Liverpool and Castile soap..
Best linseed oil, !est tarred cordage, seizing stuff.
Housing and sewing twine, copper in sheets.
Composition , nails, oil paints.
Hardware, Glassware, Crockery & Sundries.
Artificial flowers, musical Iwxes, toys.
Mathematical boxes, necessaries, cigar boxes.
Finger cups, tumblers, wine glasses, cruet stands.
alt-cellars, muirs. mirs. Hat and soun plates, needles
Belgian rose n;iils, blued tacks, pointes de Paris.
Iead in sheets, iron do, English iron in bars.
Tin plates, canister gun-powder.
Revolving pistols in cases with implements.
Percussion cais, brass butt hinges. '
Brass harness buckles, scrv-eyed angers.
Caulking irons, brass headed compasses.
Square pointed compasses, brass curtain rings.
Beach bead gimblets, carpenter's Scotch braces.
G. S. sugar tongs, spring top powdei-nasks with
Wood and bone cork-screws, steel pens with holders
Razors on cards and in cases, ground sash brushes.
Tooth brushes cloth brushes, horse brushes.
Shoe brushes, hair brushes, white horn combs.
Ivory B. combs, stained horn combs.
Wooden bowl pipes, eyed tree shovels.
Iron Iwdatcads, brass cut cuplxturd locks.
Brass box do., brass padlocks, japaned iron padlocks
Scissors, cn and pocket knives.
Bone handle jack-knives, table knives and forks.
Carvers, Cocoa-wood handle butcher-knives.
R- M. table spoons, do, tcasjKions, do soup ladles.
It. M. tea and coffee services, sailor's pabns.
C. S. saws, web's saw Jjlades,
Flat spring bolts, bright Ken
llijhlv lK-nt sea fish-hooks, three-square files.
Half-round Hies, flat do. flat w ood rasps, saw files.
Cast butt lunges; weighty I. hinges.
Brass steel-top thimbles, white metal do.
White hooks and eyes, spirit flasks with cords.
Plated spurs w ith leather, carpenter's tool-chests.
Riding whips, walking canes and sticks.
I art walking canes, partridge canes, tunnels.
Bound brass chamlier candlesticks.
Brass muzzles for dogs, redar headed pencils.
Ship lanterns, japanned lamps, do swing lamps.
Rich gilt watch keys, double plane irons.
Hollows and rounds, moulding and bead planes.
Iron screws, C. S. tinner chisels and gouges.
Iire chisels, brass flat scales, brass troy weights.
Japanned convcxed tea trays, brass wire bird-cages,
Brass mortars and pestles.
Also on hand and for sale a fine assortment of
China Goods, viz :
Black satin, colored do, black senshaw.
Do. levantinc, do sarsenet, colored pongees.
Crimson pongee hdk'fs, white do, orange do.
White sarsenett, hdk'fs, black do. net bandas.
Crape shawls, do scarfs, figured damask.
Rtriicd and check do, lustrings, lustring hdck'fs.
Levantine shawls, grass cloth hdk'fs.
White blue and green musquito netting.
Mtn's women's and children's shoes, velvet slippers.
Superior black tea, superior green do, toys.
Currie powder, sugar candy, nutmegs, cloves.
Fire-crackers, tea-caddies, oil-paintings, nappies.
Cloth baskets, jellies, lemon j uice, black pepper.
Offered for sale by MELCHEliS & CO., Xuuanu
street, at the store formerly occupied oy the Lite Dr.
Dec. 13th, 1S52. tf 33
.TTlOR SALE AT THE STORE OF J. C. SPAL-
MJ DING by the Subscriber, the following assort
ment of Merchandize shortly expected to arrive by
ship PHILOMELA and EQUATOR, viz :
11 Bundles 12. 90 gals. Shooks, 3 Casks Heads,
2 Tons Iron Hoops, 20 Coils Manila Whale Line,
20 do. do. Cordage. 75 Harpoons, lo lances, 15 Cut
ting Spades, 2 Kegs Rivets 1. Oil Hose, 200 gals.
Iin. Oil in Cai.s, 85 b'dls Flags, 50 Striped Flannel
Shirts, 50 Red Twilled do., 24 Knit Woolen Frocks,
48 pairs Wool Stockings, 24 do Shoes and Brogans
6 Monkey Jackets, 25 pairs Flannel Jackets, 3 pairs
Blankets,50 pairs Satinet Trowsers, 39 Casks Pilot
Bread 18,303 lbs., 20 do. do. do. 6,641 do., 20
Tierces Vinezar 1291 sals.. 6 bales Oakum, 80
kegs Lead, 10 bbls. Spts. Turpentine, 32 bbls. Rice,
6 boxes 3559 lbs. Yellow MetaL, 300 lbs. Composi
tion Nails, 657 feet Sheathing Boards, 1100 sheets
Felt, 100 kegs Nails, 50 bbls. Flour, 962 1-2 bbls
do., 30.349 gals. New Casks, 29 firkins Butter
2592 lbs., 12 boxes Raisins 6 do. Smyrna do., 4 bbls.
Crushed I.oaf Sugar, 4 baskets Champagne Wine,
10 lbs. Rio Coflce 2134 lbs., 50 boxes C- Starr's
Pale Soap, 50 cases Y. II. Tea, 786 No. 21 Bags 800
do. 17 do., 55 do. 6 do., 50 do. 5 do., 61 do. 4 do.,
500 GunnevJBags 42 bundles 39.252 gals. Shooks,
9 Casks Heads for do., 17 Casks 50 bbls. Flour,
per "Phflomela." 114 bbls. Flour.
Apply to II. T. FITCH, or J. C. SPALDING,
Honolulu, Dec 12, 1852. tf 32
Illustrated Family Almanac1853.
few copies forale at the Polvncsian Office.
Notice to Merchants and Ship Masters!
THE SUBSCRIBERS having entered into co
partnership would respectfully inform Mer
chants ami Shin Masters vLsitinff this port, that they
intend keeping constantly on hand a supply of stock
such as Pics Fow ls, D'urks, Turkeys, &c, which
thev will supnlv to shipwns at the shortest notice,
and on the most reasonable terms. Orders left at
the stores of T. Spencer, R. Coady Co., or J. C.
Spalding, will be punctuallv attended to.
T. T. DOUGHERTY.;
I lonolul u.March 2-5,-tf-4C
For the Polynesian.
What niioiit m that, rings loud and clear,
And roll!) like music ua the ear,
Thrilling with joy the heart distressed,
Bringing the weary hope of rest,
'Tia " Land Ho ! "
The clouds have parted, and the peak
Of .Mauna Kea now rmwna the deep,
v We know its form encapped in gnow,
And glittering in the sun bright glow,
How Icapi the heart lo greet the band
. Of friends and kindred on the land;
The kindly smile, the warm word spoken,
Are woven wnu the welcome token
Of "Land Ho!"
A mother love awaiu me there,
A limllier'H watchful, friendly care,.
A sister'a kindly sympathy ; . .
My heart reaponiL-s there'n joy for thee,'
In "Land Ho!" J. lLt
On lMard ship Eliza Warwick, at sea, Feb. 7th, ISM..
Whereas, a claim was made on the 9th
datjf April, 1S53, by Messrs. Shepherd and
Howe of New York, against W. C. Parke,
Esq., administrator of the estate of A. B.
Howe deceased, of Honolulu, for the pro
ceeds of certain goods in the hands of the
said W. C. Parke, as administrator, amount
ing to $17,453 41, claimed by the said Shep
herd and Howe to belong exclusively to them;
And whereas said claim is disputed by the
said W. C. Parke and he creditors of A. B.
Howe, who claim that the proceeds of the
goods belong to the estate of A. B. Howe,
and should be distributed among all the cre
ditors pro rata; And whereas ail the matters
in dispute were referred to me by all the par
ties an the 11th day of April, 1853, for final
decision and settlement:
NOW KNOW ALL MEN BT THESE PRESENTS,
that I, the said referee, having been attend
ed by the counsel of all parties, and having
heard and duly considered the allegations, pa
pers and proofs which they have respectively
laid before me in the premises, do hereby
make this my award in writing of and con
cerning the matters to me referred as afore-
sat J, that is to say:
1st. It is my decision that the claim for
lumber, briefcs and cement, bought of Messrs.
Butler, Keith and Hill of Boston, amounting
to $8,237 52 ought not to be allowed, but
should be divided among all the creditors of
the estate in proportion to their several
claims. These goods were brought by A.
B. Howe in 'his own name, to fulfil a con
tract made by the said Howe with T. Metcalf
on the 2d day of February, 1852, they were
shipped by (lie said Howe and consigned to
said Metcalf at Honolulu, and they were paid
for by the said Howe, by a draft on the
claimants, Shepherd &. Howe of New York,
at eight months, for the acceptance of which
draft, Shepherd St Howe were to be paid one
half of the profits realized on said goods in
Honolulu. It is evident to my mind from the
whole transaction, that A. B. Howe was the
legal owner of those goods; that for the
benefit he received from Shepherd &. Howe
by their acceptance of his draft at eight
months, he was to pay them one half of the
profits; and that it was his intention to remit
them the funds to meet this draft at its matu
rity. This ho was prevented from doing by
his unfortunate decease, and the claimants
cannot on that account come in and justly
claim the whole proceeds of those goods to
the exclusion of otlfer creditors, but must be
satisfied with their pro rata share of the
It is said, however, that A. B. Howe was
the mere agent of Shepherd & Howe in this
transaction; that he purchased the goods for
them, and therefore they are entitled to the
full proceeds thereof. This does not clearly
appear; but even granting for the sake of the
argument, that he was the agent of Shepherd
Sl Howe, will that fact materially alter the
position of affairs, when viewed under all the
other circumstances of the case. The agen
cy of Howe, if it existed at all, was a secret
agency, known only tn him and his principals,
and one which he never disclosed to those
with whom he dealt. Shepherd & Howe al
lowed him to buy the goods in his own name,
to contract in his own name with Fessenden
the ship owner, for the (carriage of those
goods to Honolulu, and by their actions or
silence, it matters not which, it is evident that
Butler, Keith and Hill, as well as Fessenden
were induced and authorized to believe that
he was the real principal, and owner of the
goods, and, acting upon such faith, the. for
mer might have been led to give him credit
for another bill of good), and the latter to
trust hinj. fr the charter of his ship. Is it
reasonable to suppose that they would have
given Howe, a stranger in Boston, these cre
dits if they had "had the faintest suspicion
that he was a mere agent in these transac
tions, having no property in the goods? If
not, and they were induced by the silence of j
Shepherd & Howe, who were fully cognizant
of all these transactions, to believe him the
owner of these goods, and deal with him as
such, would it be just or reasonable, for the
claimants, at this late day, to step in and ex
clude the carrier of those goods and other
creditors, from a pro rata dividend in the pro
ceeds? I think not.
It follows from what has been said above,
that the claim for 50 M-shingles, the 50 cas1s
nails.' and the 50 bbls cement, bought of
Butler, Keith &. Hill, and included in the
same bill with the goods consigned to Met
calf cannot be allowed.
The next claim is for the proceeds .of the
50 blsxf tar, and the 13 cases of spirits of tur
pentine," shipped on the 4lh of June, 18o2,
per the M Charles," and consigned to A. B.
Howe, for sale on joint account ol A. Ii.
Howe and Shepherd & Howe, amounting to
the sura of ,530 35. It appears from the
evidence of Mr. Moore, the book-keeper of
Shepherd &. Howe, that these goods belong
ed entirely to Shepherd & Howe, and were
shipped to A. B. Howe for sale, on art agree
,ncr.t between the parlies, that A. B. Howe
was in no crcut to be liable for any loss on
the goods, and that Howe in the nl.ice of re
ceiving any commission for selling the same
was to have half of the profits, if any, arising
mereirora. Howe had no property in these
goods, further than the half profits, and the
whole nett proceeds thereof were to be
remitted to Shepherd &. Howe. But it is
said these goods were shipped to Howe,
to be sold on joint account, as appears bv
the invoice, and that the inference is conclu
sive that Howe was a half owner in the goods,
and therefore that the estate is entitled to re
tain one half of the proceeds. It is true, the
words joint- account in the invoice furnishes
presumptive evidence to that effect, but not
conclusive proof, and the matter is open to
explanation. The testimony of Mr. Moore
has explained the nature of the transaction
to my satisfaction, and believing as I do, thai
the goods were the property of Shepherd &
Howe, I am of the opinion that this claim
should be allowed. But it is said that if the
claim is alUwed, it should be reduced by the
amount of the freight, duties, landing
charges, and half profits, which were all to
be paid by Shepherd and Howe, while on
the contrary it is contended, that it should
not be thus diminished, inasmuch as Howe
was at the time of receiving them lanrelv
indebted to the claimants for the proceeds of
previous shipments made to him in 1851. I
think the duties, landing expenses and half
prohts, should not be deducted from the
amount of the proceeds, but should be treat
ed as a set on to the large debt due from
Howe at the time of making these expendi
tures, and that the freight should be deduct
ed, inasmuch, as it has never been paid by
Howe, and is now owing to Fessenden, and
forms a part of his claim against the estate for
the charier of his ship.
Ine claim next in order, is that of $868
76 for cordage and spunyarn, sold by Howe
to R. Coady on the I6th of October, 1852,
and passed to Howe s credit by Coady, who
had an open account with Howe at that time.
In striking the balance of that account on
the 15th April, 1853, it is ascertained that
there is a balance in favor of Howe of $1333
21, and it is claimed that $868 76, of this
balance, the amount for which the cordage
and spunyarn is credited, should be paid to
Shepherd St Howe, the owners of the same.
But by reference to the account, which com
menced running on the 5th of March 1851,
it will be seen that on the 10th of October.
1852, i he date at which these articles were
sold to Coady, and passed to Howe's credit
in the account currvnt, that so far from there
being a balance due Howe, there was a bal
ance against him, of about seven thousand
dollars. Since the sale of cordage and spun-
yarn, that balance has been extinguished and
changed to a baiance in his favor, by heavy
credits for flour, sales of syrup, etc., and on
no principle of law or equity can any portion
of this balance be claimed as belonging to
cordage and spunyarn. On the contrary the
balance has beeti created in part by the funds
of other persons who now appear as credi
tors against the estate, and in my opinion, it
would be just as reasonable to allow any of
those creditors whose goods or funds enter
into the credits of litis account to cb.im the
balance of $1333 21, in part liquidation of
their debts, as to allow Shepherd St Howe to
do so. If,, however, Coady knew at the time
of purchasing these goods that Howe was
(he mere agent of Shepherd St Howe, and
had no property in the cordage and spun
yarn, then it might be said that he had no
right to pass them to Howe's credit as a set
off to his demand due from Howe, but should
have passed them to the credit of Shepherd
St Howe, and the proceeds thereof should be
paid to the. real owners. And the, same may
be said of any other credits in that long ac
count for other goods which Coady may have
known to belong to Shepherd & Howe. But
I take it to be admitted 'by the claimants
that Coady acted honestly in the matter, that
he purchased from Howe without any know
ledge of his agency, upon the just belief that
Howe was the real principal and owner of
the goods; and such being the case, Coady
was justified in availing himself of the amount
of such goods as a felt-off in reduction of his
heavy claim, and consequently the proceeds
cannot be recovered of him by Shepherd St
The next item in the claim is that of $1270
50, for duck, sold to Messrs. Coady St Co.,
on the 30th October, 1852, and paid for ;by
their note at five months, which note is now
in the hands of the 'Administrator. This
duck is part of the consignment of 4th June,
1852, per the ship Charles, to be sold on joint
account; but feeling satisfied,, from the evi
dence of Mr. Moore, that it belonged to
Shepherd St Howe, I think they are entitled
to whatever may be paid on the note, less
the freight, now due. In cases like this, the
principal may reclaim his property wherever
he can trace it; and it is wholly immaterial
whether the, property be in its original state,
or has been converted into money, or secu
rities, or negotiable instruments, or other
property, so only that it is distinguishable and
separable from the other propeity and assets
of the agent, and has an earmark or other
appropriate identity." Slory on agency,
pages 225,226. : ' ' v. "
We now come to the claim forJhe ship
ment per the Equator, which arrived and was
sold, by the administrator after Howe's death
amounting to $5,763 03, in notes. By the
evidence of Mr.Moore, Howe had no property
in these goods, and I am of the opinion that
the proceeds do not belong to the. estate, and
should be paid to Shepherd St Howe, less
freight, duties and other charges, which have
been paid by Mr. Parke, not out of the as
sets of the estate, but out of his own private
funds. But it is said that the estate is enti
tled to half of the profits arising from the
sale of this consignmenl ; for by the agree
ment with Shepherd St Howe, Howe was to
have one half the profits for bis agency in
jhesale and therefore his administrator is enti
tled to retain the same for the estate. But I
think otherwise. 'The death of Howe worked
a dissolution of that agency, and. the right
to sell the goods, and take one half' of the
profit?; did not extend to his administrator.
Mr. Parke in his individual capacity, might
claim a reasonable compensation for his ser
vices, but he cannot legally claim half the
prohts lor the estate.
The last item claimed, is the amount of
$196 60, the proceeds of a quantity of plain
shades, shipped by Shepherd St Howe per
the It. 15. rorbes, in I8oI, to be sold on joint
account, and winch were sold bv the admin
istrator after Howe's death. This item stands
in the same position with the goods by the
Equator, and 1 hereby allow it.
And I do hereby further decide that the
costs of this reference shall be paid in equal
portions by the claimants and the administra
tor. In witness whereof I have herewith set
my hand, at Honolulu, this 29th day of April,
A. JJ., 1853. W. L,. LEE.
D ij u 1 1) o r I t
TO ALL FoREIGK RefRESEKTATIVF.3 13D
Department of Foreign Relations,
Honolulu, April d, 1853. '
In conformity with a Resolution of the House
of Nobles, and on behalf of the King, I have the
honor to make knwn to you, that the Kin?, with
the concurrence of the House of No'ules, and
agreeably to the 25th Article of the New; Consti
tution, has appointed his adopted bon and iieir,
Lieutenant General Prince Alexander LfhelTho,
to be his successor on the Throne, after His Slaj
esty's decease, and ordered that His Royal High
ness be proclaimed as such.
I have the honor to be, Sir,
Your most humble obedient servant,
R. C. WI LLIE.
Her B. M. Consulate General,
Honolulu, April 9, 1853.
I have the honor to acknowledge the (receipt
of your Circular Note of yesterday, informing me
that The King has appointed His adopted Son
and Heir, Lieutenant General Prince Alexander
Liholiho, to be His successor on the Throne, and
ordered that His Royal Highness be proclaimed
1 shall avail myself of the first opportunity to
report to Her Brittannic Majesty's Government so
important and interesting an event, and 1 trust
that His Hawaiian Majesty's Government will
permit me to offer to Them uiy congratulations on
1 have the honor to be, Sir,
Your most obedient htimble servant.
R. C. Wtlue, Esq., &c. &c. &c.
Royal Swedish and Norwegian Consulate,
Honolulu, April 9, 1853.
I have the honor to acknowledge the receipt
ot your Circular ot ctn inst-, stating in coniorm
ity with a Resolution of the House of Nobles and
oi behalf of the King, that His Majesty with the
full concurrence of the House of Nobles, and
agreeably to the 25th Article of the New Consti
tion, has appointed His adopted Son and Heir,
Lieutenant General Prince Alexander Liholiho
to be His 6uccessoron the Throne after His Majes
ty's decease, and ordered that Bis Royal High
ness be proclaimed as such.
I have the honor to be, Sir,
, . : Your most obedient humble servant,
To His Excellency,
R. C. Willie,
11. II. Majesty's Min. of Foreign Relations.
Consulate of Peru,
Honolulu, April 9, 1853.
I have the honor to acknowledge the receipt of
Your Excellency's Circular of yesterday's date,
making known to ine that Bis Majesty, with the
full concurrence of the House of Nobles, and
agreeably to the 25th Article of the New Consti
tution, has appointed His adopted Son and Heir,
Lieutenant General Prince Alexander Liholiho, to
be His successor on the Throne, after His Majes
ty's decease, and ordered that His Royal High
ness be proclaimed as such.
Allow me to offer, through Your Excellency,
my congratulations to His Royal Highness on His
Hoping that His Majesty may be spared to His
people for many years to come,
I remain very respectfully,
Most humble servant,
ROBERT G. DAVIS.
R. C. Willie,
II. 11. Majesty's Min. of Foreign Relations.
Foreign Office, April 9, 1853.
I have the honor ta acknowledge the receipt of
your Circular of yesterday, notifying me of the
appointment by the K."ng, as Heir to the Throne,!
alter His Majesty's decease, of Bis Royal High-
ness, rnnce Liholiho, ana ot tne concurrence in
that appointment of the House of Nobles. .
In the appointment made, the King shows his
Paternal concern for the good of His people, even
after ho shall have ceased to exist (which may
God avert for many years to come ;) and I feel con
fident that that act of foresight will greatly
please all foreign governments, . which are in
friendly relations with His Majesty, and none
more so than that of His Majesty the King of Den
mark, who has lately regulated the succession to
His own Throne, with similar care.
May the Almighty long preserve both Sover
eigns, in peace, health and prosperity.
. I have the honor to be, Sir,"
. ', Your most obedient humble servant,
Acting by permission of the King, j
ior ine tonsui oi rt i .iijcoij
To ' ' King of Denmark. v
R. C. Willie, Esq,
Minister of Foreign Relations, w
&.C &c. &.c.f . Honolulu.
Bremen Consulate, )
Honolulu, April 91853. i
n.va hi honor to acknowledge the receipt of
your Circular of yesterday, making known that
the King had appointed 'His adopted Son and
Heir, Lieutenant General Prince Alexander Liho
liho to be his successor on the Throne, after his
Majesty's decease, in which the House of Nobles
have fully concurred.
I shall avail myself of the firsfopjiortunity to
advise the Senate of the Free Hanseatic city of
Bremen, of the appointment.
With personal regard,
1 have the honor to remain, Si Cj .
Your very humble and o'bt servant,
To his Excellency,
R.C Willie, Esquire, ; . .
Minister of Foreign Relation.
Translation bt Ma. Willie. "
Honolulu, April 9, 1853. -Mission
of France to the Sandwich Islands.
I have had the honor of receiving the Circu
lar which you addressed to me on the 8th instant,
in the name of the King, announcing to ine that
your Sovereign, with the concuiTence of His
Chamber of Nobles, and agreeably. the Hew
Constitution, had declared and ordered to be ' Jro
claimed His adopted Son, Lieutenant General .
Prince Alexander Liholiho, lleif presumptive of
It is with the most lively satisfaction, Mr. Min-
ister, that I have taken cognizance ot that Impor
tant communication ; it tends to ensure the inde
pendence of this Archipelago the endurance of
the Declaration of the 28th November 1843, and
to perpetuate a Dynasty friendly to the greatest
powers of the globe.
I pray you to. communicate to the King, the
particular interest which I take in a resolution so
sound in policy, and that I shall immediately
mane u Known to Mis imperial .May-jty.
Accept, Mr. Minister, the wann assurance, of
the hih consideration with which I have the
honor to be, -
Sir, Your very humble and oVt servant, '
the Consul, Commissioner and Plenipoten-
tiary of His Imperial Majesty.
. Signed, EM. PERRIN
MoMsir.cn R. C. Wtllie,
Minister of Foreign Affairs,
&.C. &c. &C Honolulu.
Honolulu, Apnl 9, 1853.
I have to acknowledge the receint nf vnnr dr.
0 r - - - J
had appointed His adopted Son and Heir Lieu-
. - At . ...
tenant uenerai, rnnce Alexander Liholiho, to be
His successor on the Throne after His Majesty's
decease that the House of Nobles h. tnll
concurred in the appointment.
1 shall avail myself of the earliest opportunity
vise the Senate of the Free city of Hamburg of
the appointment. -
With personal regard, I have the honor to re
i our very ob t humble servant,
To his Excellency,
K. C Willie, Lsqcire,
Minister of Foreign Relations,
&c. &c. &c, Honolulu.
Consulate of the United States,
Honolulu, Hawaiian Islands.
rn - tr: t- ii ' r '
o ins tixceiiency,
it. c. Willie,
Minister of Forcisrn Relations. &e tr.
Sir, , ' '
1 have the honor to acknowledge the .receipt of
yonr communication of the 8th inst-, announcing,
"That the King had appointed Lieutenant Gen
cral Prince Alexander Liholiho, to be His" suc
cessor on the Throne, after His Majesty's de
cease." In reply, permit me to wish His Majesty long
life, and happiness, and that his successor may be
as fortunate, and successful in his reign, and as
dear to the hearts of bis people.
I have the honor to remain,
Most obedient servant, '
ELISHA IL ALLEN,
Consulado de Chile, en las
Islas de Sandwich,
Honolulu, April 11, 1S53.
1 have the honor to acknowledge the receipt of
Your Excellency's CircttUcjof the 8tli inst, ma
king known to me that the "King; with the full
concurrence of the House of Nobles, has appoint
ed Lieutenant General Prince Alexander Liholi
ho, to be his successor on the Throne after His
Majesty's decease. f
With the highest respect and Consideration
I have the honor to be Sir,
Your most humble and ob't servant,
A. P. EVERETT,
Acting Consul for Chile.
To His Excellency,
H. II. M.'a Min. of Foreign Relations,
Honolulu. .. -
U. S. Commission, 1
Honolulu, April 12, 1853.
I have had the honor of receiving your Circu
lar of the 8th inst, announcing, u In conformity
with a resolution of Um House of Nobles, and ori
behalf of the King, that the King, with the "full,
concurrence, and agreeably to the 25th Article of
the New Constitution, has appointed his adopted
Son an3 Heir, Lieutenant General Prince Liholi
ho,' to be his successor on the Throne," after His
Majesty's decease, and ordered that His Royal
Hiuhness be proclaimed as 6iich.n
The care of His Majesty in thus providing for
the succession to the Throne, by the appointment
of an heir so well fitted by education and ability
to- uphold the dignity, promote the welfare and
preserve the peace of the KingdouOannot fail to
be gratifying not only to his own subjects, and to
foreign residei ts here, but to all commercial na
tions, whose ships visit his ports and rely on his
government for the protection of the rights of
neutrals in war, and the exchange of friendly of
fices in peace.
His Majesty having always manifested a dispo
sition towards foreign interests and foreign pow
ers, alike liberal, jubt and politic, there can be
but one sentiment, that his health may be fulry
restored, and his life prolonged many years ; fully
and humbly aware, however, as we all most be,
thatlhe destiny of Princes, of men and of na
tions, is in the bands of an Almighty Roler, and
can neither be averted by human sagacity, nor'
foreseen by human prescience
I take the occasion to renew the assurance of
the high regard with which I have the honor to
be. Sir, ' .
Your obedient servant, ..
His Excellency, . .
R.C. Willie, "
Minister of Foreign Relations. :
IV "Veils, Fargo k Go's. Express baa ftfratn laid
tM under obligations for late New-York and Panama
paper)', which we are happy to acknowledge. JUm
for a ropy of the "Boston and California Express,"
valuable business paper published by them Mini
weekly in Boston. This xprea Company teems
to be exerting itself in a most vigorous manner . for
the accommodation of the public, and is managed by
active and responsible agents , -
Caft. Joh.m A. Sutter has been honored by
having conferred upon him by the governor, in ic
cordance with the vote of the Legislature, the title
and commission of Major GeneraL We congrStti
late General Sutte upeh the acquisition of thttf
well deserved honor. ... x -. - .
... . ,.- V