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; Saturday,- January 21. 1854.
. isjar Planting at the Islands.
A,'shre'.vd and candid observer t)f matters and
things at the islands cannot but be impressed with
the fact that our staple articles of export are by a
thousand fold too limited for either individual or
national prosperity. We are poor because we
have so little to sell. We have but little to sell,
because but little capital and effort are bestowed
upi the production of staple articles, which are
r ' always in domand, and not dependent upon a pros
perous or adverse whaling season.
It cannot be denied that the supply of the wha
' -. ling fleet and the shipping connected with it, is the
. -life of the agricultural interest, in its present con
-dition. By far the larger proportion of the labor
-bestowed upon the soil, has immediate reference
to the demand thus created. And this is right and
natural. That demand should be promptly and ful.
ly supplied, in every particular, so far as the isl
ands have the ability to produce what is wanted.
We would go farther, and 6ay that the whaling
" fleet should not only be provided for, to the fullest
extent of its demands, but many articles of their
greatest necessity should be furnished them at a
rate considerably lower than the now current pri
ces of the market ; an.d this could be done, were
there more system in the matter, and stillleave a
.profit to the producer. But this is not the point of
our remarks ; we would supply the whaling fleet,
and thus secure that important business to the isl
- &nds, and in addition, strongly urge the increased
production of such staples as will bear exportation
and yield a profit to the producer.
S It is a palpable fact that forces itself upon the
.v observation of every business man in the commu
- i-rity, that with the whaling fleet departs the active
businsss of the islands. Not only are the princi
pal ports where they touch affected ; the stagnation
is felt also in every corner of the land, and every
. . branch of business languishes alike. The demand
being cut 08, the supply of course ceases, and with
it, the means of keeping business in a state ot ac
. - Under such a state of depression, a multitude of
opiuions are broached in "regard to the cause of the
dullness of the times. One is of opinion that it is
occasioned by the tonnage dues on merchant ves
sels ; another, that 5 per cent, duties on merchan-
, dise is the cause. Another thinks that a property
tax would remedy the evil, and make money plen
ty ; while another still attributes it all to the Legis
lature, which fails to do something that would act
as a specific against " hard times." Without at
tempting to discuss these various opinions, we as-
- sert it as our belief, that they have very little to do
with the matter. The causes lie deeper, and are
X scarcely affected by the ripples upon the surface,
7 Ships bringing cargoes, or coming for them, will
not be deterred by the tonnage dues. As much
merchandise is, and will be imported, as we can
pay for, even with 5 per cent, duties upon it. A
tax upon property would not bring an additional
dollar into the country, and it is the lack of dollars
that makes the times hard. If the Legislature
could force men to become industrious, or could
they compel capitalists and laborers to cultivate
our waste soil, and produce from it some -staple
article that would tell, tlren indeed could they reachl
the cause, and apply the remedy. But this may
be beyond their province. If we are ever to ex
pect an increase of business at the islands, it must
be brought about, as we apprehend, by a greatly
. increased development of our agricultural resour-
- ces. We see no other possible way for its accom
plishment. We already supply the demand for
recruits and supplies of a perishable nature, and
when the demand for these ceases, by the depart
ure of the whaling fleet, we have nothing to fall
. back upon. Coffee, sugar, syrup and molasses may
be in demand, at a remunerating price, but unfor
tunately there is nothing of the kind to be had.
Indigo, arrow root, cotton and wool may be produ
; ccd to a large extent, but thoy are not. The sim
ple fact stands out boldly before us, that we have
- very little to export, the sale of which would bring
money into the country. And as a consequence,
the business of the ishnds is limited to the neces
sities of the .whaling fleet, which will never ex
ceed its amount for the few past years.
In" view of these facts, and we deem them such
the inquiry is apposite and of vital consequence,
How can the business of the islands be increased ?
In what way can an export be produced, that will
bring money into the country
Withoutor a moment overlooking the import
ance of our present business, based upon the vants
ot the whaling fleet ; or thit coffee, salt, arrow roott
fruits, &.c, are all-important articles of export that
should not be neglected, it is still our opinion that
tlie production of sugar, syrup and molasses must
become the great staple of the islands, and be re
lied upon, chiefly, to increase our business.
Our reasons (for this opinion are founded upon
certain facts, which we shall briefly state. Our
soil and climate are adapted to the production of
cane, at an expense much less than in many sugar
producing countries where it is a profitable busi
ness. To prove this, we will cite Louisiana, one
of the States of the American Union best adapted
to the growth of cane. With a soil unsurpassed
for depth and fertility, the sugar grower there is
subjected to an expense, and to hazards, entirely
unknown uer3. It is well known that the country
is lo-, and to produce cane, a regular system of
, drainage is absolutely indispensable. On this sub.
joct a late writer says, "Ditches form one of the
... most important and expensive necessities ofasu
' . gar estate ; for, with the exception of frost, Ftand-
ing water is the most destructive thing to cane.
Rains that fall in torrents in these latitudes, not
only have to be guarded against, but also the more
- "insidious and ever-encroaching transpiration wa
, ter. To form' an idea of what is meant by this
term, it must be remembered that the lauds on the
"- Mississippi are protected from annual inundation
V by embankments known as levees. In the spring
of the year, the Mississippi, as the conductor to
the ocean of more than half the runnin" water of
the North American continent, rises not only until
. its banks are full but would, if left to itself, over
flow for a season the whole lower country through
-.which it passes. To remedy this evil, embank
ments for hundreds of miles confine its waters
within its usual channels. Consequent
; - ly there is a constant percolation up to the surface;
4 and if this were not provided against by the most
, liberal and scientific method of draining, although
. the sun might shine uninterruptedly for weeks, the
; cane crop wduld sickeu and die. ' , i
draining a plantation, it is customary to cut paral
lel ditches, about two hundred feet apart, from the
front to the rear of the plantation, with cross ditch
es every six hundred feet. This complication of
artificial canals requires not only an enormout out
lay of capital, and occupation of valuable land,
but also taxes the scientific engineer to give them
their proper levels. In many instances it is found
impossible to accomplish this, and costly draining
machines, driven by steam, have to be called into
service. , There are plantations on
which, within the compass of a square mile, can be
found from twenty to thirty miles of ditching !
. and on some plantations can be seen a
regular system of deep and carefully-constructed
canals, a mile long, ten feet deep, and fifteen wide.
It may with truth be said, that the industry and
capital expended in Louisiana alone, to preserve
the state from iuundatioB, have erected works of
internal improvement, which, united, far surpass in
extent, and if concentrated, within the vision of a
single eye, would be superior in magnitude to the
renowned pyramids of Egypt." And all this is
chiefly to enable the Louisiana planter to grow
All this labor and expense is uncalled for at
The necessity for replanting is another disadvan
tage to which planters are subjected in Louisiana(
but exempted from here. The same writer says,
"The growing crop in Louisiana consists of three
kinds of cane ; the first is technically called ' plant
cane,' and is that which springs" directly from the
seed cane f ths second is called rattoons,' which
is the growth from the roots of the previous year's
plant cane ; the third is called ' stubble,' which is
the growth from the roots of the rattoon cane. In
Cuba and the other West India Islands, there are
but two kinds of growing cane the plant and the
rattoon, for the latter never becomes ' stubble,'
by degenerating, as in Louisiana. Ta
king the sugar crop of Louisiana to be three hun
dred and fifty thousand hogsheads', and each hogs
head weighing one thousand pounds, sugarcane is
returned to the ground as seed that would annual
ly produce the enormous amount of seventy thous
and hogsheads of sugar ; and this is lost to the
State by the disadvantages of climate alone, for
the soil is superior to any other portion of the
Another considerable expense in Louisiana, and
to which planters here are but partially subjected,
is for fuel. "The amount of fuel consumed in the
production of 6Ugar is enormous. Three cords, on
an average, are necessary for the manufacture of a
hogshead of surar of a thousand pounds. Ten
years ago, five cords were necessary to the hogs
head, but the improvement in the setting of kettles
has lessened the number of cords nearly one-half.
This wood will readily sell to the steamboats
tRroughout the sugar region of Louisiana for three
dollars per cord ; consequently each thousand hogs
heads of sugar costs nine thousand dollars in its
manufacture, for wood alone."
"As may be imagined, the primitive forests are
rapidly disappearing, and already many large plan
tations are lessened in value, because they have
little or no timber left upon them. In Cuba," and
we may add, at the Sandwich Islands, "the be-
gasse. or the remains of the cane after it has been
ground in the mill, isquite sufficient to make the
crop ; but in Louisiana this vegetable matter is dc
stroyed. This begasse is a spongy, fibrous mass,
composed of the crushed pith and outside covering
of the sugar cane. It absorbs water from the at
mosphere, and is very difficult to dry. Various in
genious expedients have been resorted to, to make
this vast refuse of tie crop, as in Cuba, useful for
the purposes of fuel, but none, we believe, have
been successful. In Louisiana, the cli
mate is damp, and in the fall, showery ; and the
begasse, in the open air, so far from drying, abso
lutely becomes more incombustible from wet than
when it is first brought from the mill. The neces
sity of economy in fuel is everywhere acknow
ledged, and ingenious men are endeavoring to in
vent machinery for rapidly drying the begasse by
artificial means, so as to render it fit for immediate
use ; but up to the present time this grand object
has not been accomplished, and the begasse sW
remains a mass of vegetable matter, not only of no
use to the planter, but absolutely causing conside
rable expense, in order to get it out of the way.''
W e will only mention one other disadvantage
experienced in Louisiana, to which planters are
not subject here, which is frost. There the crop
has to be gathered in three months from the time
the canes ripen, or they are subject to the frost.
Here, no such haste has to be practised. For five
or six months, where cane tassels, the planter can
continue grind'ng;and where it does not tassel,
as it docs not ata certain altitude, he can grind
the whole year.
Our object in making the above comparisons, is
simply to show, that while sugar growing is profit
able in Louisiana, under all the disadvantages to
which it is eubject, it is fair to presume that here
without those disadvantages, it must be profitable
also. And further, that if the business of the isl
ands is to be increased beyond its present condi
tion, we know of no more probable way by which
so desirable a result is to be brought about, than
by employing the natural advantages we enjoy, in
climate and soil, in producing it
The plantations for growing sugar at the islands
have all been begun under tho disadvantage of
viuu-r a wam oi experience, or a want of capital ;
and the whole amount invested upon them all, has
not, we imagine, equalled the sum invested in some
of the single plantations in Louisiana. A fair ex
periment has not, therefore, been made, of the abil-
ijr ui me isianus, io render sugar erowino- nrofita-
it was titty years after the introduction of
cane Into Louisiana, before they thousht it nossi
ble to make sugar. Their only product from it
was syrup, until near the close of the last century.
Tbe discovery that sugar could be made, immedi
ately gave a spur to the business, and at the pre
sent day there are over fifteen hundred plantations
in that State, producing 350,000 hogsheads of su
gar, with its corresponding mola-ises.
We have not at hand the means of knowing the
gross amount of capital employed in this particu
lar branch of business, but we give the value of
one estate, together with its production in 1852,
that our readers may judge of the expense of a su
gar plantation in Louisiana : v
TAXCE or THE ESTATE.
v Land 900 acres, at $40, - $300,000
Buildings, - .- :,'-. - 100,000
Machinery, - .-" 60,000 i-
Slaves, - - - 170,000
Stock, - ; - -V 11,000
1 - Total, - - - - $701,000
POLYNESIAN, SATURDAY, JANUARY
" prodcctiosi of.thr estate i 1852.
Snsrar 1.300.000 lbs. at 6 cts. $78,000
Syrup 60,000 galls, at 36 " 21,600
Corn, 9000 bbls. lor consumption
" on the estate; Wood, 3000 cords
for engine house, estimated
value, - - "
Total product of the estate,
This is, of course, one of the larger plantations
which produced from eight hundred acres of cane,
1.300 hogsheads, or 650 tons of sugar. 1 he ave
rage produce of the 1500 plantations was 233 1-3
hogsheads. Some of the plantations were larger,
but the majority smaller, than the one here cited.
Now we would ask, if .capital, labor and machi
nery were employed at the Sandwich Islands, in
something like the proportions they are employed
in Louisiana, should we complain of " hard times?"
Would not business be increased, until all would
be satisfied ?
To establish sujrsr or coffee plantations in any
country, successfully, roquires a large capital, as
experience and common sense would dictate ; and
this is just what is wanted here to render the busi
ness profitable, and of the highest benefit to the
islands. Without it, we must be content to see
our business 'confined to. its present limits, and
raise potatoes and squashes for the whaling fleet,
while thousands of acres of good soil lie unculti
vated and unproductive.
By some unaccountable mistake, the dimensions
of the blocks, as laid down upon the map of Mr.
Webster, as well as the size of the lots, were all
wrong in our issue last week.
The rectangular blocks are 300 by 200 feet, di
vided into 12 lots, each 50 by 100 feet. The lots
in the irregular blocks on Fort street have 50 feet
frontapre, and vary in depth from 100 to 150 feet
" It is also proposed to continue Fort and Rich
ard streets through to the front, and to open two
or three others from Fort 6treet to the front
The word Queen should be read in the latter place
Errata. In the law entitled " an act to amend
the law relating to Public Auctioneers," published
in the Polynesian of Nov. 5, 1853, read " For thi
Island of Maui two hundred andffly dollars
the words "and fiftv" bein? omitted. The same
error occurs in the volume of Laws for 1853,
Gold Mines of California.
Up to the close of December, 1853, it was five
years and two months since the first discovery of
gold in California. The whole product is thus es
timated by the Alta California:
Total, . . $200,000,000
A scientific and practical man, says the same
paper, upon whom we rely much, is inclined to the
opinion that California has reached the maximum
of her gold production, but believes that the pro
duct will not diminish for three f r four years, and
will then recede 6lowly for eight or ten years,
when it may reach ten or fifteen millions, and at
which point it will remain for a Ion? period. This,
however, is but conjecture. It will be seen by the
estimate above, that the product has up to this date
been steadily and rapidly increasing.
A New Auctioneer.
Mr. John F. Colburn has taken out an auction
license, in place of A. P. Everett, Esq., whose li
cense had expired. The business will be contin
ued at the old stand of Rice & Co. At the first
sale of Mr. Colburn, on Wednesday last, a lunch
was given to his friends, and judging from the rush
on the occasion, they embrace the whole popula
tion of Honolulu. Success to Mr. Colburn in his
new business. See advertisement in another co
lumn. QJ" A correspondent on East Maui writes, u I
am happy to report the state of things on this part
of the island, as prosperous. There have been
from six to ten cases of small pox in Hamakua,
and three deaths. No new case during the past
six weeks. We can now report freedom from the
small pox, if no new case should be introduced
from abroad. There has been no case in Koolau,
none in Kula, none in Honuaula, and but one or
two in Wailuku. We hear that there are but few
cases remaining in the districts of liana, Kipahu
lu and Kaupo."
"A word in respect to agricultural prospects at
Makawao and vicinity. The weather has been
quite favorable all along for plowing, and much
has been plowed. Cattle and horses are still busi
ly employed, and as we have three months remain
ing, in which wheat can be sown, there seems a
strong probability that much will be put in ; espe
cially as there is no lack ot seed."
Farther Election Returns.
From Hawaii we learn that in the district of
North Kona, A. G. Thu-ston, Esq. has been elect
ed; in Kohala, Nahie ; in Hamakua, Nahakuelua ;
South Kona, Papaula. The last two we hear, are
From Kauai, district of Hanalei, S. P. Kalama ;
district of Puna, J. F. B. Marshall ; district of Ko
loa, J. W. II. Kauwahi; district of Waimea, Wana.
At Waialua, on this island, the election has been
declared illegal; there having been many more
votes polled than there are voters in the district
A new election has been ordered, as we are in
formed, by the inspectors.
"We were shown yesterday, at the store of Capt.
bnow, a beautiful rifle, made by Robbins & Law
rence, of Boston, embracing the improvement, al
so, of Air. Mason, whose celebrated lock is well
known. This rifle loads at the breech, with cart
ridges prepared for the purpose, and primes itself!
oy me act of cocking. It is a fine piece of work-
mansnip, and combines many improvements' of util
ity. This rifle is being introduced into the U. S.
rmy, where it is highly valued.
VVe have had several days of winter weather
during the past week, and the thermometer has ac
tually been down to 60,-a degree of cold which
attracted the observation of every body, and has
elicited as much remark as ten degrees below zero
would have called forth in cold climates. This
temperature has beea.bigbly enjoyed by most peo
ple, and no cases of freezing to death have yet
come to our knowledger We should like "a few
more of the same sort." " ,
.: .: w . .. - Hoxoujip, 16th Jaa'y, 1854
Editor of ths Polynesian : '
Sia : As a friend of public improvements I read
oi. a menu oi puuuv ""I'""
vrith interest your editorial of the 14th inst., respect
ing the disposition of the Government property, to
the eastward of the Fort. "
There can be no doubt about the propriety of ren
dering available to commerce the land in question
-with the least possible delay, nor can there be any
doubt that instead of this useless, because unproduc
tive property, the Government would be better off I
rwith its value in ready money, for the purpose of
completing the public works -which have already
been ordered by the Legislature, and for the public
defence. The question is as to the best manner of
doing the thing.
Your remarks upon the proposal to sell the lot at
auction as they lie under water, appear to me to be
good common sense, and well worth the considera
tion of the Government, but I do not concur with
you in the opinion that it is advisable for the Gov
ernment to fill in the whole with substantial materi
als, lay out the streets, number the lots, and then
offer them at auction to the highest bidder. Jobbing
and speculating on the part of a Government tend to
render it odious and unpopular. One such enter
pii.se might be successful, and the Government might
make money by it, but the very next attempt might
prove a failure, and involve the country in a heavy
debt, which could not be swept off without oppres
sive taxation. An attempt to remedy the losses by
one speculation for the plan proposed is nothing
more than a speculation might involve the Isianus
more deeply in debt, or, if successful, create on the
part of Government officials a dangerous love of spe
culations, which could hardly fail of bringing utter
ruin, instead of prosperity, upon the Islands. "The
ruin of individuals by bad speculations, although
greatly to be deplored, never endangers the sove
reignty of a country, but situated as these Islands
are, the Government cannot safely run any risk in
Again : It is proposed to borrow money under le
gislative authority for carrying into effect this opera
tion. Past Legislatures have not seen fit to borrow
money for building prisons, courthouses, and other
public offices and works. Can we depend on the
ltepresentatives of the people, now elected, to con
tract a debt equal to more than one-third of the en
tire revenue, lor the sake of profit? I think not.
I should be ashamed of them if they should, needing
as we do, $130,000 at least, for other objects of pub
lic improvement already voted. They certainly
would do wisely to provide for immediate necessities
ere hoisting sail before the breeze of speculation, a
I hope Mr. Webster will publish in detail his esti
mate of the cost of filling in this property, that the
public may know how he calculates. Mr. W. is a
very good surveyor, at least his charts ate clean
and free from blots, but I am not aware of his prac
tical acquaintance with any business of this kind, as
conducted in the Islands ; and certainly the present
high rate of wages and cost of materials will not be
reduced, in view of an undertaking of such magnifi
cence. The use of machinery, steam engines, &c,
would involve an outlay greater than one could well
imagine, who never undertook a work of this kind,
in a country situated like these islands. Such esti
mates generally lull short of the reality. A govern
ment should never begin without a determination to
complete their undertakings. "Without knowing
Mr. Webster's data, I could easily imagine an esti
mate of $130,000 a safer one at $200,000. and the
actual cost by the time the work is done, $300,000.
If it is proposed to offer the contract to the lowest
bidder, every one who bids would calculate for him
self; but if the Government undertake it, through
the agency of salaried officers, there might be a vast
deal of table-turning before the work was ended.
" New Lords make new laws." Perhaps Mr. Web
ster will be able to inform the public when the work
will be done, and the lots offered for sale by auction,
all filled rjp and ready to build on. Perhaps he will
inform us how soon he would complete it, if he had
the job, under a guarantee that he would not be re
moved from office during the time, and another man
with different notions put in his place. Perhaps he
will calculate the interest on the money borrowed up
lo the time when the purchasers come forward with
the money. But I forbear.
It is desirable that, some way or other, this pro
perty should go out of the hands of government, in
order that it may come in for a share of a property
tax, and had we in our midst any number of enter
prising men, with sufficient capital to improve the
property, they, might form a company, and purchase
the whole at a fair unimproved value. In such an
event, the filling up would soon be done, since the
interest of the purchasers would compel them to do
it. Any loss would be theirs, not the government's.
I would remark that Mr. Webster's streets are too
narrow by 20 feet, for purposes of commerce anden
tilation. . They should be at least $0 feet wide. It
will cost no more to do it right at first, although the
f pace for building on will be so much reduced.
Supreme Court. January Term.
l'ieree llegarty vs. B. F. Stoic. This was an action
brought by the plaintiff to recover the price of 150
bbls. of Rye Flour, purchased by tho plaintiff of the
defendant in December 18j'2,'for exportation to San
Francisco, together with all damages resulting to
the plaintiff from his inability to sell the flour on
account of its sourness. The ground of the action
was an alleged violation of a warranty on the part
of the defendant that the flour was sweet and in
The facts as they appeared in evidence were, that
the flour was purchased without any express war
ranty as to its quality, at $11 per bbl., and that, at
the time of the purchase, it was not open to inspec
tion, but in the hold of the bark Auckland, lying at
the wharf in Honolulu. That subsequently it was
rolled out on the wharf and delivered to Ilegarty's j
agent, who, discovering that some of the barrels
were stained and in bad condition, refused to accept
them , and they were rolled aside. Snow found fault
at the rejection of these stained barrels, and said
that their discoloration outside was no evidence that
the flour was bad inside, whereupon the agent con
sulted with Hegarty, after which he procured a flour
trier ana examined the barrels. The agent testified
that he thought the flour upon taste and smell to be
sour, and so informed Hegarty, but Snow thought it
was not, and Hegarty subsequently accepted part of
the stained barrels, though not all. The flour was
shipped to San Francisco with lumber and other
cargo, and on its arrival there was found to be sour,
and nearly, if not quite unsaleable. The plaintiff
broughfhe flour back to Honolulu and offered to
return it to the defendant, who declined receiving
it, upon which the plaintiff stored it in the custom
house, and brought this action, not only to recover
back the money he had paid for the flour, but the
freight on the same to and from San Francisco, to
gether with storage and all other expenses conse
quent upon the purchase.
The case was conducted and argued with marked
ability by Messrs. Montgomery and Blair for the
plaintiff, and by Mr. Bates for the defendant, the
former contending that there was an implied war
ranty in the sale, that the flour was sweet, and suit
able for exportation to San Francisco, the purpose
for which it was bought, and that the doctrine of
caveat emptor did not apply to the plaintiff in this
case, inasmuch as the flour was not open to inspec
tion at the time of the purchase, but lying in the
hold of the bark "Auckland." The counsel for the
defendant argued on the contrary, that, in the ab
sence of any express warranty oi deception on the
part of the defendant, no implied warranty could be
raised as to the quality and condition of the flour ;
and that the doctrine of caveat emptor did apply in
this case, as the plaintiff had the opportunity of in
specting the flour on its delivery, and actually did
inspect such barrels as he thought unsound; and
also rejected some.
Chief Jcsticb Lee charged the jury in substance
as follows, viz :
Thi ca, gentlemen of the jury, an interesting one, in4
no more intereoting than imimrunt. inrolvint as it doe, aeri-
ous queatiuns of Un, anectin the erery day commerce and
r", uianiu ; ana wnica, nufierto, Bare nerer oeen
fully discuaeed and settled in tbia court. We are called upon
in UIS Cue to establiiih rnUa fnr thm inimiiml nf mir mar.
chants and others in all their sale and purchases. How im
portaiit then, that while we are free and nnembarraseed by
rormer decision and precedents, w should establish sound
mlefl. rtllea WhirK ahll h Ann ,4
justice and equity, and such as shall promote tair dealing, good
j r ' now ana tne public weal. Instead or
adopting the harsh old doctrine of caeest emptor, or, buyer be-
ur ui Tcnaee to pa constantly on nla gaara
falnst tke groee representation!, "the deceitful praise and
cunning lares of the vendor, we should lay down sack roles
as wiu cneca iraua ot every Kind, protect tne ignorant, ana
"Ka J TeB,JOf u u nprMMUitoa maa mm
lull inducement to the ale ol hie rood, he tbouUt tell tne
truth, the whole truth, and nothing but the troth. Such rales
as will require of boia vendor and vendee not nnly cood faith,
but the most acrupuloue food faith, not only honesty, but the
most exalted boney,or a that treat and good jurist, Judte
SUiry, lias ozpressed it, ierrimm JUUs in all that relates to the
sale and purchase. The maxim of cteat tmpttr, or, that the
purrhnser tra at hi own risk, unless the seller gives an ex-
prew warranty, wntcn is ecu. tended for on the authority 01 the
leading case of Chandelor v Lopus, and the long line of cases
which followed thai orecedeni. can no loncer be said t hold
that empire over the law of aales, which it formerly did ; for
the moticrn detUionsnn thi subject have so trenched upon the
uucirine as to reduce it t a mere shadow.
I do not eons der the case of Chandelor vs Lopus
good authority for the purpose for which it is cited ; for it ws
oeciaea on the pleadings of the case, and not en its merits.
The old common law rule of caveat emptor, says Story
i n sales, ha been losing tround. and tba law ha been tend
ing towards the doctrine of the Uoman law, which is its nti
pode. cavsst ttudUur, or, beware seller, until it now occu
pies a middle ground between the two, by requiring the strict
est good faith ah the part of the seller in all that he ay and
does, and throwing on the buyer the responsibility for any
foolUu mistake, or wrong conclusions, which may result from
uis trusting to nis own judgment.
It is not contended, in this case that there was anyexpn
warranty of the quality of the flour, but it is said the law im
plies one. It is true that the law does imply a warranty in
some case : for example, ii implies a warranty that the article
purchased is merchantable, that is, that it possesses some val
ue, inai ii is nt lor some purpose, and can be sou at some
price. Secondly, it implies a warranty that it is reasonably fit
for tlie use for which it is known to tie intended; that is, if a
m iii sells an article for a particular purpose, be thereby war
rants it fit lor that purpose.
But lest I should be misunderstood, or state this doctrine of
implied warranty too strongly, let me illustrate my idea by ex
ample. The law will imply a warrranty that goods are mer
chantable in all cases where, from their nnture or situation at
the time of the sale, an examination of them was impossible.
Thus, if goods beat sea, or stowed in the bold of a ship, as in
this ease, or in a storehouse, so that only the surface can be
aeen; or il they be ir. bales, so that an examination of the cen
tre cannot be made without tearing each bale to pieces, the
seller will be understood to warrant them to be merchantai'le,
and nf the quality demanded and expected by the buyer. Ue
cannot, says Lord Ellenborouvh. in the case of Gardner vs.
Gray, without a warranty, insist that the article shall be of
any particular quality or degree of fineness; but the intention
of both parties must be taken to be, that it shall be MaltuUt in
the market umier the denomination mentioned in the contract
between them. But where a man can examine the goods if he
choose, and especially where be does examine them, a it is
said Hegarty did in this ca-e, be must lake the consequences,
if through carelessless or eelirvnee. he omit to make a tho
rough examination. The law will not protect a man from the
consequences of his own carelessness in such cases, where the
selier has not undertaken to furnish an article of a particular
kind or quality, and has done nothing to mislead the buyer.
This, if I mUtake not, is the language of til modem writers
and judges, on the law of sales.
But, say the learned counsel for the plaintiff, this is a sale of
providior,a nd whatever may be the law in relerence to other
goods, in the sale of provisions there is always an implied
warranty that they are sound and wholesome. It is true that
an implied wnrranty of s nndness is raided iu the sale of pro
visions, on the ground that such a warranty is necessary for
the preservation of health and life. But a distinction has been
made between the sale of provisions in small quantities for do
mestic use and consumption, and the case of a sale of large
quantities of provisions, as mertkmndue, for exportation, for
example, if a man should step into one of our stores and order
a barrel of flour to be semap to bis house, for family use. there
would be an implied warranty that it was sweet and whole
some; but if be should ask for flour, and buy a hundred bar
rel, without a single question as to its condition and quality,
tne n our being oi en to his inspection, and be relying i-olely
on bis own judgment, the case would be far different. In the
latter eae he has bought the .flour in the same manner as he
would any other merchandise, and in the absence of any mis
representation or act on the part of the seller, calculated to
mislead bim, be must be supposed to have taken ihe r.sk of
the sweetness of the flour upon bimself.
But even griming, says the defendant, all that the plaintiff
contends lor that the nur was in the hold of the ship and
could not be examined, and that there was an implied warran
ty of sweetness, still De Da n ground lor this action. The
fluur was open te his inspection, when it was delivered on the
wharf, he undertook to examine it, be rejected certain barrels
of it as sour, accepted the ret, shipped it to San Francisco,
and after all this, will he be permitted to treat the purchase as
a nullity, and throw the flour on my hands i Has there been
any lalse representation in this sale, has there been any
breach of an implied warranty in the case ! If there has been,
men tne piainttn is entitled to recover; otherwise not.
If the plaintiif is entitled to recover at all, it is said beshould
recover not only the whole purchase money with interest, but
the freight ofihe flour to and from San Francisco, together
wtin storage and all other expenses incurred by the plaintilron
account of this purchase. The rule governing this f ointis,
that where the contract has been executed, and the goods paid
for, the vendee has no right, in the absence of fraud, to return
them upon their failure 10 correspond to the warranty, but
must sue upon the warranty, and he can then recover the dif
ference between the price paid and the actual worth of the
goods, which in this ease, so far as we have any evidence in
the matter, is shown to be tlie difference between U and $6
per barrel. In no event could the plaiatifl recover the expen
ses incurred by him in bringing the flour back from Sau Fran
cisco, and for st ra;e, &.-, subsequent to bis arrival here, for
it is the duty of the vendee, when at a great distance from the
vendor, and the goods cannot be returned without a great ex
pense, to give notice to the vendor, and await n reasonable
time for his orders, after which be may proceed to sell the
gooils on account of the vendor, and be will then be allowed
to recover the difference betw een the net proceeds of such sale
and the price paid.
The jury, alter a short absence, returned a verdict for the
Messrs. Mostoosiit and Blsib for PlfT.
A. 15. Birxt, Esq. tor Defendant.
The Kin rs. Puakiki Tbe prisoner was indicted for mur
der in the second degree. It appeared in evidence that the
prisoner and bis brother Kekualuu. who were residing in tbe
same house at loolaii, on this island, fell into a quarrel over a
tinder box, wlncb Uie deceased wished lor i he purpose of light
ing his pipe, that from words they came to blows, clinched
and fell to ihe floor, the pri-oi -r being under. There w as no
one in the house with them at ihe time except a little girl nine
or ten years of age, who immediately ran out and cat ed for
help. Un her return Ihe hrotheis were on the floor, and Ke
kualuu immediately died from a stab iu the heart. Puahiki
said " nty brother is killed," and immediately cummenred
wailing over him. Tbe little girl did not ave thewouud in
flicted, and tbe prisoner was silent as to the manner ef tbe
On the part of the defence it wai shown tint the prisoner
was in a very feeble eon lition at the time of the quarrel, while
his brother, the deceased, was a strong, athletic man, who bad
threatened to kill the recused the day oef re, and hurled a
bottle at his head. He was evidently man of violent pas
sion. There was no proof i hat the prisoner had a knife in bis
hand, and his counsel contended that the knife was in the
hand of the deceased, and thut in his fall he inflicted the
wound upon hi in- If. Dr. Judd, the physician who made the
post-mortem examination, testified that the wound might have
been th'is indicted. The defence also contended thai if tbe
accused did i flict the waund, it was done in self defence.
Chief Justice Lee charged the jury, that if they found the
prisoner guilty of the killing, thet should take into considera
tion the question whether or not he ilid it in self-defence. If
they found that he had acted in self-defence, and that it was
clear!y necessary to take the life nf his brother in order to pre
serve his own life, he should be acquitted.
Verdict of Sot Guilty.
A. B. Bates, Esq. for the Crown. G. M, Robertson, Esq. for
A New Coaster for the Sandwich Islands.
The fine new clipper schooner Sovereign was
launched in New Bodford early in November, from
Miller's jard. She is a beautiful vessel, of about
130 tons burden, clipper built, and it is believed
will be a very fast sailer. She is intended for the
Sandwich Islands business, and will be command
ed by Capt. Thomas Hobron, Jr. (now of the Ma
ria,) for whom she is built. She will be brought
to the Pacific by Capt. Godby, of Sagharbor.
Mails. The Mail for San Francisco will be
despatched this day, at 3 o'clock P. M.
For Ascension and Strong's Island, a mail will
be despatched on Monday next, at 2 P. M.
CP The Board of Health have no report to make
this week no new cases of small pox or deaths
having occurred since the last report.
Qj" Firewood is becoming scarce in Honolulu.
The present is a good time to send wood to market.
FRANCIS B. SWAIX. CHAS. H. BUTLER.
NOTICE. The undersigned having formed a co
partnership under the style of Swain & Bailer,
have taken the shop recently occupied by J. C. Wal
ters, and intend carrying on the COOPERISG
BUSINESS in all its various branches. Hoping by
strict attention to merit a share of the public patron
age. On hand and for sale, 2000 bbls casks, barrels,
buckets, tuba, shower bath and bathing tubs.
Jan. 16, 1854 3m SWAIN & BUTLER.
NOTICE. My wife, Nawahineokawai, having
left me without good cause, all persons are for
bidden trusting .her on my account, as I shall pay no
debts of her contracting after this date.
Jan. 16, 1354.-3t-37 R. HALLODAY.
ISSOLUTION OF CO-PARTNERSHIP.
The co-partnership between the undersigned
L. Sizalas and K. . uakeman in tne nrm of a
tional fotel, is this day dissolved by mutual consent,
in the followinz terms :
1. I, the undersigned, R. E. Wakeman overtake
from to-day, the house and responsibility of the
faid house, so that I, R. E. Wakeman pay all the
debts there are contracted regarding tne business in
the house, and all debts due to the house are to be
paid to me, R. E. Wakeman. -
2. I, the undersigned, L. Sigalas withdraw from
to-day from the business carried on in tne National
Hotel, so that I, L. Sigalas have from to-day no res
ponsibilily of the said house.
(Signed) L. SIGALAS,
Witness, H. IL Sawyer, . . .
Honolulu, Jan, 14, 1854. .
Sghfhftk GALLONS POLAR OIL for as
qXxV vr in quantities to suit purchasers.
. PORTER & OGDEN.
Honolulu, Jan. 21, 18,53-6t-37
List or Letters
XEXAIMXG IW THE HOSOLULfJ P08T-Ornr
Jaaamry 20th, 1934.
Adam. C. H. Mrs.
Allen, Henry C.
Aldea Nathan L.
Baker, Alniira Mrs.
Brewster, G. W.
Bailey, Hi nry
Col son. Chaa. 2.
Child, C. C.
Clayton, Ceo. H.
Comstock, ii. Capt.
I Butler, H. Capt. 2.
Baker, Henry R.
j Bancroft, John
Be bee, James
ril Jnha rant.
X: :v 7. r' " "i
Caldwell, Sainnel B.cbaniplaiL
IDavall, Taos. If.
I Ellis, John
I Fisher, N.C.
J Kb miss, Robert
Fisher, Andrew J.
Fitzgerald, J amen
Finney, N A. ,
Gorbam, Geo. R. S
Jenney, F. W. 4.
Kerk, Cha. H. 9.
Lane, Charles U.
Maey, Cha. G
Mayar, Edward M.
Murry, Joseph 2
Newton, C D.
Perkins, Erastus B.
Persquiou, L. Mona.
Richards, Geo. M.
Spence, Asa Dr.
Smith, A. N. Mrs.
Fturbuck, C. F.
Tinker, Henry A.
Willson, A. F.
Williams, Cbas. S.
Wood, D. B. 3
IGreenweU, H. X. . IGiII, Mr.
Howard, Cbas. F.
Houror, Dom Jose
How land, George
Hath i. . I
I tloimes, Jason
I Junes, Vfav. A,
Mandelbann, L. H.
MmfSeld, Warren 3.
McGianis, Pn I
. . . .. i
XoIon, Joseph B. &
i Pease, Samuel Mr.
I Rich, John
I Reeves, Wm. Cl
Speaden, R. T.
St. John. Henry
Stein, John F.
Sherman, Wa. g. I
(Thomas, ft. L.
Washburn, John 9
Wheeler, John F.
Weaver, M. Cm,
Waldron, R. B.
HEXRT M. WH1TXET. P. a
BtrrtBCD FOB DCTT, III! BSDI5Q JatttTSBY IS.
1 box salmon, 20 bf bbls 10 bbls too rues, 27 bbls flor,4a.l
i i . . m..-f . fir I
wiYHoaawn ron sxroar.
' 7 1-2 tons hoops, 72 bdls snooks, 13 caska flour. 57 do Wn4 1
10 do tow line, 4 do flags, 4 do sails, 149 bbls provisions, 90 to, I
ringing, 2 cases craft, 1 cask meal, 1 bbl coffee, 1 case Beai,J
bbls beans, 3 bM sundries, 1 bbl rice, 1 keg nails, I do mvi I
invoiced at siu.tuss vi.
Also 1 cask, 5 keg', 2 cases brandy; I cask 6 kegs ma.
wiTHDBSwa roa cosicamos.
49 bbls bread, 119 do flour, 99 hf do flour, 50 kegs aiiW.:
casks nour. invoiced at sioe iu.
Also 5 cases, 1 cask gin, I hhd 3 qr casks ?5 cases knafi.
Hwaolula Part Charges Mcrcaaat
Tounaee (ships loading or discharging cargo) per ton
register, - - - - - - Br.
PiW,rff Ii. .nil jw,r ,ih v nv Ct
' j I , -
Health Certificate, -
Harb-ir Master. .....
1 1 1
Clears nee, - . - -
Filotaee for anchoring a vessel cntside, which does t
not enter tbe harbr, j
vt nartace per ton per day, ...
Water, filled at tbe wharf, per bbL,
Rxll. M.V t.U. -,...
Shipping Senmm, foreign, -do.
do. native. -
Buoys,. - - - - - - J
Health Certificate, . . . - - j
Pilotage, in and out, each way per foot, - in
Harbor Master, - - - - , 3 k
Clearance, - - - - . ' . - I a)
Whalers can land goods tothevalreof 200 free M dirh.
$1,000 worth additional at 5 per cent, without being liable
tonnage dues ; but if they land more than Sl.'JV mclsditt
the J -1)0 free of duty.) they are subject to the same lirbiiiDcs
as merchant vessels. f t
Products of the whale fishery transb'Oped fieej except cotrr
and permit." I
CTT' Merchant vessels touching for repairs, sjpnlies or t-
frrshment., advices, shipping or discharge of crev, and bus
ing passengers, are exempt from tonnage duea. i
I ( V.
By the Alphonso. for Svdn v. Mr. and Mrs. K. t. Rav mi
Master II. Ray. K. H. Mil ler.
By the Boston, for San Francisco, Messrs. W Bmwn. C. L I
Howe. J. II. Straus, .N. R. Morse. IL Ellis, H. Brown. B. C
Childs, J. Witkins, G. W. Ryckman, J. L. Wadsvtoria, L
ly. Childs, nr. Muses, Mr. Freeborn, 1 . McMaaa.
PORT OF HONOLULU.
Jan. 17. Steamer Akamai, Ellis, 10 hours fin LaJiaina.
Jan. 14, Am brig Alfonsn, Coffin, Sydaev.
" " - wh sb Marg. cott, Eldridce, crafee.
" " brig Be-ton, Tanley, San FrancUro .
" bk Constance, Chandler, Mam.'a. i
" wh sb Rodman, Allen, cruise. ' j.
" " H hernia, Jeffries, Japan Sea.
" u Bmoklvn, Sissoa, cruise. '
u bk Fanny, Nye, Marquesas.
" M wh sh Canada, Ward, cruise.
19 " " Wm. T. Wbeaton, Comstock, cruise.
Teasels ia Port. Jaa. 20.
Am wh sh Nile, Lake.
1 sh Chariot, Brown.
1 ah Hellespont. Maiws-
" h Ren Morvan Chanel
"kit Sarah Sheaf, WalL :
Sh Sarah, Swift. rise.
' bk Neptune, Allen.
" ah 3. America, Walker.
" sh Massachusetts, Ben-
Bre wh sh Alex Barclay ,Ha
so aepuMik, Austin,
"h Levant, Cooper.
" sh Callan, Bxkrr.
'M sb Herald, Harlow.
sh Corea, Crocker.
44 scb Restless, Knnvles
" bg Princade Jpiantlt,
and C coasters.
whaler, 3 merchantmen
" bk Delaware. Holt net
- sn nengai, rniinps.
" bk Virginia, r'eabury.
bk atelope, Potter
" bk Fellows, endtmned
Bre wh sh Hansa, Husing.
Vessels in port, Jan. 20,-20
coasters. Total 29.
The steamer made tbe passage to Lahaiaa in II hears, arri
ving at 3 o'clock A. M. On returning, she cam ia this karat
at the same hour of the morning. We would again saggesttM
need of a light at tbe spar buoy, whkh might, for the premt,
be nothing more than a strong luntern, with colored glass. 7b
cost of which would be but a trill.
Two Cottages to Lett
TO BE LET, GROVE COTTAGE, the resi
dence of the late Wm. Parr. Eaa and the ad
joining Cottage, occupied br Capt. Paty, each
eyery convenience lor st lamuy. . Jr or terms, apply"
MR. IRWIN, at the Foreign Office.
Jan. 21 tf-37 '
Notice to Persons Authorized to Marry.
CLERGYMEN and others duly authorized
celebrate the marriage rite, are requested to
report to the undersigned immediately, accordis; f
law, the number of marriages celebrated by tha
during the year 1853 inclusive.
3t-37 R. ARMSTRONG.
NOTICE. The next meeting of the "Oaht
Clerical Association will be held at
January 31, and Feb. 1. The meeting to be opeo
with a sermon by the Rerv Mr. Bishop, Pastor &
the church at Ewa. S. C. DAMON, Sec.
Honolulu, Jan. 17, 1334.-2t-37
ALOON TO LET. The Billiard Saloon art
k5 cd to the National Ilotel, including three
Tables, and all the furniture in the saloon.
Enquire of J. BOOTH,
tf-37 National House-
THE co-partnership hitherto existing between A
P. Everett and Wm. R, Rjce, under the arm
RICE & CQ. is, this cUj dissolved by mutual
sent, either partner being ' authorised to use
name of the firm ia liquidation.
" A. P. EVERETT.
The Auctioneering and Commission Busine
be continued as heretofore. bT Wm. B. Rice, ao
the name of RICE & CO. ' i '
JOHN F. COLBUp,
Honolulu, Jan. 14, 1854 tf-37 Auctioneer-