Newspaper Page Text
9 ae 'rc show
SATURDAY next, the 9th of February,
being His Majesty's Birthday, will be ob
served as a Public Holiday.
By order of the Chamberlain.
H. A. NEILSON, Secretary.
Haliimaik, Feb. 1, 1SS6.
The paiufal tidings of the death of Archi
bald .Barclay, Esq., tke King's Commis
sioner in London, were received on the 29th
ult., by the last mail.
The King having authorized the appoint
ment of Geosoe Trail Allax, Esq., as His
Majesty's Vice-Consul for the City of Ore
gon, aniT other ports oa the Columbia River;
and of William G. Duxlap, Esq., as Vice
Consul for Olympia and the ports cf Puget's
Sound, it pleased the President of the United
States to grant Exequaturs to both those gen
tlemen on the 24th November. ISoo.
SATURDAY. FEBRUARY 2. 1S56.
According to the form of speech long ago
monopolized by the publishing houses in their ad
vertisements, 44 a great desideratum" has lately
been supplied to this community. It comes in the
haps of the Sindicich Islands' Monthly Magazine, tjje nict striking brochure. Dr; Whcwell wrote a book to
the first number of wh eh appeared on Saturday discourage the idea of o her stars and system ' being m
., , . , I.,.; habited similarly to the earth, to which Sir David
Lst. W hen our readers have learned that it is rote an nilffrvbc.ck hi reply, setming to take
conducted by Mr. Abraham Forn ader, they will ! Up the matter as a personal affiont. Then came replies,
, l e . ' . f ,r reviews, rejoinders, nnd an latclv as last week a new
need no farther guarantee of its nonesty o. pur-, - froni Whewcii nppeared in a Lou
nose and kindliness of tone. That gentleman's U0M Dficer.
laug established reputation as a writer whose style
is narked by a happy combination of the scholastic
and playful, gives promise of many a rleasant de- j
of reverence for, and a fcelinj of responsibility to. !
the Pcsver froia v.hoin he received his t-ilent, add
to his lucubrations a mellowness which is by no j
means their least charm. i
The prefatory article ii neatly written, and sug-!
zests the laro amount of coed which a periodical '
conducted on the principles therein laid down may
do. Wc begit to be understood that in any ro
marks wo may from tiaia to time find occasion to
make on what appears iti tho Magazine, we shall
pretend to no knowlodgo of tho parties to whom
tho credit of authorship may b due. Tho intro
ductory pages are distinguished by tho signature of
II, which we moet with og.Jn threa times.
Whilst disclaiming a wish to force inta notice any I
suggestions of our. own, wo cannot help offering
ths hint that it might perhaps be better to leave
the articles altogether undesignated. In the first
place, it argues a want cf contributors t j see the
. ... , P ,i 4i p !
same initials recurring frequently m the space of (
only a lew pacjos. in tie secona, reaacrs arj apt
ta tire of a writer who meets thein too frequently,
jls r,lav-ff.jer3 do of wiiaetsinz the samo actor niht
I j rz w
after night. The th
eultory pa"3 cf "aonthlv chit-chat," such as those delight through the streets of London. But, tor the
. - , iL u "i c v ! first time, the Lord Mayor is a Jew a triumph to that .
coniaxnej in u.e uu.u.kt ueiure u3. ... ipcrsuasion, and to show his enlightenment he has cut
but acknowledge that a certain quiet under-currc-n1 ;down the shew to the smallest limits, though he makes
bird objection is, that an au- ! reason is apparent, for if otherwise, V. e nggrieve-d p ir
4 ii n. !tyh: a plausible pretext to demand piy for " ex-
y an amateur author, is often 3 j, .. proportion to the number of
luw.j.a.uwiauj.v """"'Denscs incurred" in proport
a little cramped by tho consciousness of being I
obli-ed to father his bantling whether it -resembles I
the rest of his umily or loois unwortny to claim a
rnrffjtrft wirJi t!:m. Wo wnuld Ray. let L
We would say. leti
the articles go fcefora the world as common stock ;
the authors of those approved by tho public will
always be m time to step in and claim the honor duo
If for instance G. whoever that gentleman may
bo were to 6stisfy the community by declaring his
name ob letting it escape, it would only bo to do
himself justice. His article on The Polynesian j
Race, ana the Lal ls'ands oj the Pacific, is worthy
of any publication and nn honor to the one in
which it appears. It certainly taks pre-eminence
of every thing that is given to the world in
. For that very reason, then, the writer might be
unwilling ta risk any paper, known to te Ms, i
wnich 6txd a chance of not equalling in merit bis
e Ci.inot, it is true, be
alwa3 s equally fucccss
fcut tlcre is lntle l ciui!ia
?ne m rubbing lailure of its sting.- Mnton wrote
his Paradise Regained; and tha same pen that gave
to the world of leuers Pnlka:n and Rienzi, inflicted
upon it the Corpnrcl in Evzene Aram, and what is
worse, his cat. But authors who harj rifide their
mark, remain authors still, if they dj sometimes
descend below their standard. Vjtii tvros it is
somewhat diffcront : like youn birds tryii jl their 'of damages. Agiia suppose my horse breiks his halter
wins, a -very slight depression of their altitude1 (t statute reyirii hi;n theu as an es?ra) and d.es
b.-inthem to the rround, whence tlviv eencrailv 'dami-e to the amouut cfl ia neighbor's yard
Cni 'themsdwa doomed, like Lii-ifer- m SliakMthe hoise is Mized by the aggrieved party I offer to
6pearo's version of him, never to rise again.
largo an extent irota
hitherto too justly a!
i the imputation w hich has j
ittached to cs, 6f being tho
iers most indifferent to the '
community of all others most indifferent
delights of practical literature.
m - - -' '
(Fren oca ow Coesbsfokdwt-
Lomkjx, Nov., 1S35.
Up to ths present moment England stands where
it did, and may be xiousi lered to do so till ycu receive
further notice ; tut with a horuon to lowering, and
waiist almost every wind comes laden with tho melan-
choly note of war, we perceive plainly that tho waves
that roll ia upon cur coast are those cf the Atlantic aud
not of the Pcvific. The war may ta coasldered on the
whole, a popular one, although it an3eon a question !
rather abstruse, and which did not Immediately affect
tbe safety or prospects of the people : but one great
elV aiiCCt !
reason for its popularity was that it did it did not after
their pockets either. In fact ihe great burthen of the
war is thrown oa the iuoome-ur p lying part of the
community, and that irnpo?t alreaiy reaches tlx per
oe&t, and wi'd in all probability toon be again increased.
Nevertheless our trade has been but little affected hith
erlo, and we are thankful in having had a fur average
harvest ; but war is war, and will try all clisses ; pro
TLilons are already dear a circumstapoe that ad Is to
the gloom of cur approaching winter.
I tie Anglp-I reach intimacy (oaeTnjit of the war)
ccBunaes as oloss as ever, iba uallu Caoital is
crowded with Britons, ant tha hotel and restaurants
reap golden harvests. Wo heard tho other daycf a
lady who was charged one hundred francs for a bod
room for herself and daughter for one night, and seven
ty-five franes for a t-a. So that if the French are shed
ding their blood in the Crimea, their allius are bleeding
as freely iaPiris.. Tbe French nation has lately been
ongrsulated, oa the prospoct cf a sucoesaor to t'aa Im-
Srud tiroae. JVTe sincerely hope tliij may be so. Well
formeipersons. however, rjpca't cf the Lmprees' healUi
at everythig bat sitUfactory.
1 he ctrstt of the war oa tin English raoney market
has been to r;e the rate of discount to a height it has
iftver attained snaoe IS47. The Back rate ecntiaues
at 6 yr eit. for short bills, and 7 for long dates. The
f.ock of ballkai ii raull, and we look anxiously for ar
rivldof gold. I d-ire sir it is a matter of surprise
- - " ' S ' ' ' f " " ' ' - " 1 I V. ...... 1 1 r. I n . a Ka i am.nil !
io.erun:ier oi mnn io succc . w quici a na ; fif- ;J1 m. the r,0 be sued for. Jut twig the of a nuioVr "f nuits whwli nava arisen on i o uie
philosophical. We need .hardly add that our fell- lcipense tim, trouble, worry L-ss of the use of the animal j hankruptcv of Swan and Clifford, of Honolulu,
citations are offered to the cnuntr? at laree uron the i -., i t-.f i nAni ai tlio Vi Artft Avon if i'A iY m-L. I T.a .1 . i it t
appearance of a Maume, wh'.c'i redeems us to so ! n, g!,,,u!d he awaHed the nersrioved nirtv in the end. rr-.-.n-Pr fV.im the defendants the sum of SlOoJ,
eo Haw.ians to hear that gc-H is a e:aroe article ia Ens
T h e
UtA -whm iW rPcr.Ha the influx of precious met&la
1 we have had for the last few years first from Califor
nia, and afterwards more abundantly rrora cur ovrn
Australian mlnnln. But in truth, with Europe, the
fupply to one country is a supply to all ; and a trifling J
diifrrence in orice oi any article causes it to flow imme-
diatelv to the locality where it is most scarce. J he
greiit" necessity for gold in France has caused that
country to abstract it from London by every inean9 in
its power. Frcm Paris some cf it probably finds its
way to Amsterdam, and thei-ce perhaps, to Petersburg
thus furnishing the sinews cf war to cur ecernies. So
that England becomes simply a place of transit for the
gold, and money follows the same laws which regulate
caloric and cause it to bring about an equalization of
heat through all conducting substances.
The criminal trial of the London B inkeis, Sir John
Dean Paul. Strahan and Bates-ended in their bonis
found guilty, in spite of the sophistical tactics of their
counsel, among whom was Sir Frederick Thestgcr.
They are sentenced to be transported for fomteen years,
but the first year of the period will be spent in solitary
confinement in this country. Thus justice is vindicated
and the cause of commercial rectitude is strengthened
bv a creat example. Speaking cf transportation, it is
however more e.isilv said th.Mi done. Where are we to ;
find a place of banishment ? S;iy where in what deso
late isle. Our old penal colonies will haye no more
convicts they are too improved and flourishing, and
Win tn hve a horror of vice at least that is exoteric.
Would vour arrcuD of islands like a few hundreds of
malefrctors ? If sc. w.e will supply you on favorable
terms, and warrant them all regularly convicted before
The death of Sir William Moles worth, our Secretary
for the colonies, is a great misfortune to the Government
rA his nlace his not vet been supplied. He was in
earnest about the improvement of the English depen
dencies, and was ardent in the schema of self-government.
Bt inz well known as a liberal in principle,
i although a mm of large wealth, and of literary attain
i meets, Le was trusted and looked up to, and was a hard
Talking of literature, this is not a brilliant epoch with
us. Toets, we may almost say, we have none. Tenny
son's poem of M-iud was interesting, but crude and un-r-Virm
to its aim nnd end. MiCauley h is two mire
historv in the cress, which will be
To-day is the great civic inauguration of the new
Lcrd Mayor, on which annual occasion there is a time
honored precession of coaches, flags, music, men in
urmrnr. crreat functionaries. nickcocket?, and other
a grct display in the banquet- Lut I must uraw my
p.iper oi uuii-u; ai iu uu ciiu. m 'S" ujj-v,
i our s. etc.
To the Editor of the Polynesian:
Sib la connection with the article relating to our
estray statute which you were kind enough to insert iu
the lat number of the Polynesian, permit me to add a
few words in regird to the construction that ought,
legally, to be put upon the wording of seme parts of
Sec. lst defines what an es'.ray is. It also declares
that an es'ray ' may be taken up nnd lodged iu the
Pound," &.c. In accordance with sul sequent enact
ments, if the animal be trespas-ing upon cultivate 1
ground, the owner shall pay one dollar for trepiA5,
together with damage?. And if on i7?cultiv:tted ground
then the owner sliall pay the " hoelinulima ku pono'
or fair pasturage. Xow if the animal be upon culti
vated around it is very proper that it should bo taken
immediately and the destruction to property arrest
Bat if the animal be upon uncultivated ground,
I would ask, what is the rampant hurry that a dozen
brutal Paniolo shculd arm themselves and ruh out,
day or nhrbt, all weathers and on Sunday les:de., to
thanjCi;il iacrCating damage at the rate cf
about b per inn im
I contend that the nizrieved party has no rinht to
take the animal in the latter case until the " owner, if
known" is notified that his creature has strayed. The
scoundrels that are willing to swear that they assisted
a apprehending the an-raal-this construction would
oe OuerinT a premium io luieneas mm nwsc, nun.u uu
cne w-,u presume to ay the law ought to encourage.
A 'proper reiraru lor tne nguts oi tne
A -proper regard for the rights of the unollenoing ;
f j- o ...... , . nr. ;
owner ci me esiray buouu hoi uo vu-ouuk'i. c
should not be subjected to all sorts of questionable i
expenses, to say tue ie:ist oi it, wnen necouia nivc,ii, omuu-ui lJCti. -
before the animal was t iken up. The law issilertf
a3 to whether notice shall be givea before or alter
the animal is taken up. It simply says notice shall be
given " before impounding " if the owr.er is known. I
fancy it is not a much greater hardship to give notice
before aDorehendinx the animal than after. I would
now ask any man of common sense, kuoieiny tho eou i
try ice lite in, whether any ether construction than the
one contended for, ought conssieuciously to be given to
the statute. ?
Now a word in regard to "damages." In the 5th
section it provides that due notice shall be given &e..
dciinzget &er,nnd-ii before impounding.
... J- XT-t i
images"? The real or anywhere near
il -.m id'ps. or shiU it be whatever tho a?2neved rjartr
f may assets ? Suppose tha trespass he upon uncultiva-
j te I load the animal has been there one hour the de-
trd for daai u one dollar. (The writer has
known jt td be f? anJ pa:d ;) Bj a littlo fijU-,:ng you
utiI find thit th dtmmd is bctwten 40'JJ or OlllK)
times the amount of real d images at the rate of $2 per I
annum the usml chirge for p.vslur.ige near Honolulu, j
Even t tho rate of fi'-'J P'-r annum (a price at whicu
a lullock would cat it-elf up every year.) tho de
mind would be between 400 an 1 500 t';niC3 the amount
oay S3. He claim-So J or if you p'.eascSlOt), nnd
il the demand is net complied with, into tnc pound my
I would ask any sane man if the demand above cited :
could be considered as a demand for
which a tender could be ofiered There can te but one
; name for such a demand, and that is extortion aud as
' such, I claim the courts should treat it. If the contra
ry cf the above h true, tuea tac r.ggrwved party nas
' the right in law to asters nnre.isonahte damages and as
U ILI UU in.Li ... v . w s " '
' the owner can have do voice in the matter. Sash, is
j ths daily coaduot of thousands in this kingion and I
idaubt if a statute giving any person such power over
j another ia exjiras words, thould te deemed a stat'ite,
i ia f lCt l,y tbe uils.
; I take it however, that the framers of the act did not
', actly intend to give quite so tiu-h latitude, yet so it
i Li ia 1(3 dili,.Y practice. Section 7th states, tl.ndly that
disinterested third party shall assess the damages to
' be rded the aggrieved party.
I umce h " to nfc-rrcd that reannahb damages oniy
?uIa kgiby demaniei before impounamjj and this
" l"B wasirucuoil L Cliril lor ui3 naiurj ; wmama;
i extortion is plainly upheld by the e atute. I would
j ask. what harm is there in tho words reasonable being
implied any lure and at all stages cf the preceedings,
I so ionz as the meinirz of tho eentence is not perverted
'the word itself implies, approximately truth, jostioe,
equity the very essence and object of all laws and
courts of law. Ia fict, if tho word reasonable "
were but inserted beforo the word "damages' in the
last line of beet. 5th of the statute in question, it would
effect a cbng like magic ia the tictici of every scound
rel throughout the Islands, who, is now driving a lucra
tive buidaess under his interpretation of this law. In
deed the statute would then become a tolerably fair
one, at least a not unendurable one as it nw is.
That tbe courts of this country" have tha right to con
strue this infernal statute so as to render it as innox
ious as possible, and not violate the later, there is not a
shadow of doubt. I have read somewhere in Blackstone
to the following effect : Sinoe ia law all oases can.
cot be forseen or expressed, it . is necessary that when
the general decrees of the law corns to be applied to
particular cases, there should be somewhere a power
Tested of defining those circumstances which (had they
been forseeo) the legislator himself would have express
eJ." Ii Blackstone is any authority in such matters,
take the sentence for what it is worth.
It seems a pity that the 6th section thould in its out
rageous abearddy have strangled itself. It is too
characteristic of the rest of the statute not to hare been
carried into operation, thereby exhibiting in full the
harmonc f this beautiful Uw. AB INITIO.
y K Esi an, February 2, 1 8 56.
T o i.
To the Editor of tki Polynesian :
Sir: "The people of Honolulu," says the Illustrated
London JVtc of Nov. 10, 1855, Lave decided on erect
ing a column to the memory of the late King of the
Smdwieh Islands. The subscription list was filling
I believe it to be true Mr. Editor, that an overflowing
love for the remembrance of the late King suggested the
idea of erecting a monument (translated into native a
Kia hoonanao") to his memory. I am unaware of
the amount ef the funds subscribed but of that I sup
pose you arid jour brother Editor are better informed
than 'many of us residing here. Of oue thing I have a
strong ' manao," which is this, that if the departed
Father cf his people could address us from his tomb,
his language to the subscribers would be in some such
terras as the following :
Oh, my friends ! my people ! waste not the money you
have given to make a monument f me in building
a uciebs column but.dedicate it to some such purpose
as that to which I dedicated my life the public good.
Erect for your poor brethren a refuge for them'in time
of sickness and needy let not the sick peris-h by the
wny-eide, nor in out-of-the-way places. Build a house
where thev shall be fed, and tenderly soothed in their
days of suffering ; let thit house be strong and lasting,
then my memory will be blessed hy many a poor one of
yonr children and of their descendants."
Such I assume, Mr. Editor, would have been his
wishes, and such I think, if I may judge from his
prin'ed nddres3 of lust year, would be the desire of his
If the amount subscribed should be equal to the sum
necessary, what nobler monument could be erected to
Kamehamehi III. than the substantial fulfilment of the
wish he so long cherished, which was a Hospital for the
indigent poor i
T. C. B. R.
Sl'PREML COURT Janaarr Trrm.
.Associate Justices Kobertson and Ir, on ,the
Henry Macfailane vs. William Sumner.
This was an it'tbn of Assumpsit brought by
plaintiff to recover fr.un defendant tho sum of
$954, upon the promise of the defendant to answer
for the debt of Ilenr- bea. It appeared in evi
dence that in the spring of the year 1S54, a settle
ment of accounts tixjk place between the plaintiff
and Henry Sea, when it appeared that the latter
was indebted to thi former upwards of $1500.
The account was admitted to be correct hy Sea,
and the balance to bo justly due to the plaintiff.
Shortly alter this, plaintiff having threatened to
commence proceedings at law against Sea, for tho
recovery of the above amount, the defendant who
is the brother-in-law of Sea, called upon the plain
tiff and offered to give him $1000 by way of com
promisa for his claims against Sea. This proposal
wv.s dei lined by plaintiff who said he meant to
comnn-nee an action against Sea fr the recovery
of the whole amount. According to the testimony
of the plaintiff's witnesses, defendant then agreed ! j s) to t,e 8ati6f;iction of" the court, and the p len
to pay the whole debt if plaintiff would forbear j wa3 therefore struck from the file, and plaintiff's
from suing Sea and give the defendant a reasonable counj(!l moved for ju 1 fluent lv default, which was
time. Plaintiff s witnesses also testified that, in
puisuance of this agreement, defendant had made
two several payments of $400 and $200, on account
ot tne amount cue irom &ea to me planum. .ne
witness said the defendant promised to pay by in
stalments, every week or every fortnight.
Several interesting points were presented by tho
case and argued by the counsel in the course of
the trial. The counsel for the defendant contend
ed among other points, that it was incumbent on
the plaintiff to show that there had been an ac
count stated in writing between him and Sea, to
which tho latter had explicitly agreed; that the
kn )wlcl of this settlement and the amount ac
knowledged by Sea to be due, must be brought f
homo to the 'defendant, and that the latter must j
upon which a specific balancv; had been ascertain u
and acknowledged by Sea to bo due from him to
tha plaintiff, that was sufficient. That it was nec
essary for the plaintiffto bring home the knowledge
of this settlement and of the amount dm, to tho
defendant, and that tho Litter should ar! ear to have
1 t fi.iv :i wih.iaaio'.mt. Inat it was I to-
.7 ... 1 Y ... .
lV;.I 11. It lti; Ulr.ll-Juuy Mir..i . I . "
r-Jl " : - v '
from sui!ir liiai. eitaer
.1 , r w." . . . I,,-k i!. i n 1 1 it a t ffOnK.) f,
a roa.i ina-
. 7 , . ; . 1
'd time, tnat tue consideration was a good on 0 1,1 1
The jury returned a verdict in favor of tho plain-
tiff for $1"'0, including interest.
Mr. Montgomery, for the Plaintiff.
Mr. Bit 's, f r the Defendant.
J. Me. Guire and Witers. a uauel Jae
was an action brought to recover damages from tho
fieteadant, lor slanderous woras ain'U to nave
ieiv.iu.ittl , I 'i piaiiuv-i'ta "vij ..... j -. ... .
been spoken by him of and concerning Mrs. Mo
Guire. Damages laid at 1000. The facts eliete
io cvidenco would not bo interresting to the pub-
Verdict for the defendant.
Mr. Montgomery, I t the l'Mmtin.
Mr. Blair, fir. the Defendant.
William Fell ctals. vs. W. . Parke. This is a
r?-co:nmencem;;nt of the action against tho Marshal
to recover damages for the alleged illegil conver
s;n 0f the chip " Nil-j," claimed hv tho plaintitls
t i hare been their rr.iDertv when Huld by the Mar-
gbal under a decree in Admiralty against Bailey
and Gilbert, of San Francisco. It will be recollec
ted th.it the plainliuV were allowed to suffjr u non
suit, at the last July Term.
The c iurt granted a commission ttakc the tos
timony of certain witness residing iu California,
on motion of plaintiffs' couns-1.
Mr. Mont-ornery and Mr. Harris r Plaintiffs.
Mr. Btts, fur Defendant.
Gust. Kciners and J. C. Bullions, Assi-nes, c$.
TTrv P . bins m and llenrv Rhodes. This is one
J . i .1. i .
G, for giode sold to them by the agent of Swan &.
;iiffjrd, on the morning of the 7th April last, on
nf which dav tho petition was filed
hi f .re the acting Chief Justice, to declare Swan &
Defendants' cosnsel admitted tho delivery of the
goods, and that tho amount claimed was correct.
It was admitted bv counsel for the plaintiffs that
at the 7th of AprilSwan & Clifford owed the de
fendants $1712, 62, for goods had of them at div
ers'times antecedent to t: at date.
Tho defeiirhints claimed to "offset the amount of
their purchaso from tho agent of the bankrupts,
against the amount due to them by the latter; but
the plaintiffs undertook to show that djfendants
took delivery of the goods on the 7th April with
knowledge of the -fuel that Swan & ClifLrd were
at that time insolvent, and with the intention of
getting ahead of the other creditors.
After the counsel for the plaintiffs had rested
his case, the defendants' counsel moved a non-suit,
on tho ground that no evidence had been given to
show that tho plaintiffs had ever been appointed
Assignees of Swan & Clifford.
Tho motion was granted and the jury discharged.
The court subsequently sot aeida thonon-suit,
f -r causa shown on motion cf plaintiffs' counsel,
and continued the case till next Term. :
Mr. Bates, for tho Plaintiffs.
Mr. Montgomery and Mr. Blair, for the Dofend
tints Daniel Montgomery vs. C. X7. Vincent. This
was an action of assumpsit upon a promissory
note for $3,100, with interest.
When the causo was called on for trial, counsel
for defendant withdrew bis plea and assented to a
judgment being entered against him by default.
Mr. Blair for tha Plaintiff.
Mr. Marsh, for the Defendant-
Theo. Metcalfe. Kahai. This cause came up
on an appeal from a decision of the late Police
Justice of Honolulu, Mr. Chamberlain, who gavo
judgment in faror of Metcalf, in September last,
for $3U damage b. .
Metcalf brought bis action against Kahai for
damages sustained by him through ths allged ille
gal impounding by defendant, of 0 head of work
ins; bullock. The lefetice wa, thst the cattle
l 1 . u ..jtt?.t r-. 1 V- TiM O I M rl ? lift
. . ' , V i.KTi.wt t! respondent, who is master ot t!
consiaerauon, ut a e ueu .,,. Iu..rican whaleship Delta," upon a Bill of Ex-
I:,o court cbtrze the jury, "- J' j rr drawn by tli pendent, at
they must be satished fr;,m t he e -.A-nce. t at 1 r- jj , '10lil j,v of'M.rch 1 , f.r sap-
had l'f. n aa aecou-it stated bjtueeu the tai.uu . , -n , ,, . . r ..
andS 'a; that it was not ncccsNiry that the uccouut l-1;-, f'raisoed to to- D ti hj A. o. U. t
i i i V , , , . , ,.r ,, .... i t: r0 I I wr ' it, to whom t!io said Bill of Kxe.iang was d;
shonld have been drawn up m writing and signe t . - , . i." ,
i, , ,- , . -r i . .i i i livi red by t 10 resrunileiit, and by whom it was
by the parties, but if it was proved tnat there had ; l - . " v,ntl u.,r ,. ' i,..,. ,',
, J 1 , i i i . i tr.snlerred to toe hbeliants oetore l- i'cuue i ue.
ill a reCKOIllll airi a seiueiueui ot.-ieeo muu, i . - j ,
were found trespassing on the land of defendant,
which adjoins that of the plaintiff, and that the
defendant had therefore a lawful right to ;npnd
the cattle, after having notified the plaintiff, and
having demanded damages which the plaintiff re
fused to pay. ' j j
After the evidence on both sides had closed and
while the plaintiff's counsel was engaged in sum
ming up to the jury, tho prties agreed that as the
case was of considerable interest to owners of cat
tle, and depended entirel ; upon the construction
of tho statutes, it should be submitted to the de
cision cf the court, wh reupon the jifry was dis
charged and t e case set down for argument in
Mr. Bates and Mr. Marsh, for the Phuntiff
Messrs. Harri rand Kaauwai, for the Defendent.
R. H- Smyth . Ann Hegarty. This was an
action brought by Plaintiff to recover the sum oi
$123, for medical services. Defendant being about
to quit the Kingdom, the plaintiff served out a
warrant of arrest against her under the statute of
1352. The warrant to arrest was annexed to the
usual process of summons to appear and answer.
On the flret day of the Term the Marshal made a
return, as follows, that the warrant of arrest
was not served as the Bond accompanying the same
was not stamped as required by law." On motion
uf Plaintiff's counsel this return was set tiside. on
the ground that it was a return to a part of the
process only, and the Marshal had leave to amend
6n the following day a fresh return was made
by the Marshal, stating that the summons to ap
pear had been da y served, but that the warrant to
arrest had not been executed, on the ground that
tho Bond was not stamped. On the same day Mr.
Bates filed a plea of the general issue on behalf of
of the deTendunt.
Counsel for the plaintiff moved the Court that
the Marshal be amerced in the penalty of his offi
cial bond to the extent of tl damages sustained by
the plaintiff iu consequence of the non-execution of
the order for arrest issued against the defendant."
After argument, this motion was granted by the
court, which hel 1 that whether the bond was stamp
ed or not, the Marshal ought to have executed the
writ, if it appeared to have been issued in a mat
ter of which the court had jurisdiction; that there
was no necessity for attaching the bond to the pro
cess, it was not a bond of indemnity to the Mar
shal but to the party defendant, and the statute re
quired cniy that it Ixi filed with tho Court.
The court also decided to ass. ss the amount of
damages without the intervention of a jury, as the
claim was a small one.
Plaintiff's counsel then moved that defendant's
plea bo stricken from the Lie, unless Mr. Bates
could show proper authority to appear lor defen
dant. Mr. Battfs having boeu called upon by the
curt to show his authority according y, failed to
ie court then proceeded to assess the damages
inst t!in Marsh:!.!, wliieh were adiudired at Sill
Mr. Ducorran, for the Plaintiff.
Mr. Bates, for the Defendant.
r " -
Charles Scudder an-i Charles W. Scuddcr, r.
A. B. Bates Esq , Pro- tor f r LiMlants.
J. Montg unery Esq., Proctor for Respondent.
The following is the decision of Jidge KouEKThO.v,
Acting as Chief Justice :
This is a suit brought !y the Iihell.mts, Charles
W. Scuddcr & Co. of J to.:, Massachusetts,
WilLts Sc. Co. id
! resented for acci
New York, to wh
m it was iknv
itaneJ and payment, which was
refused, whereupon the Bill was jroV'sted iodne
form and returned to the lihellaut's ag-nt her-J.
indent, in Ins ans.wr, ad, aits t'i. facts
ico t! e suit is foui.d. d, ;.s set fbrth in tiie
i "i . "
Ii -el. reserving hisiuht
1 that to
urt t ihs
iOel i.i not
I miss toe suit on tfie
! verified in the manner reivdr.-d
I tie r-s
-iir- r-r nT.tr ill I. :n"eov
lingly, in oho
1 in sapii .rt
" Act t pr
1 43, which
l 111' :fum
at tliC heario'. taat t.'.e llol
jrrou:id :ib)vo s:.ited, and
his moti j.i the first secti s:i of
j reads AS follows
That in every civil action n
r ifucr to bo t: iod
tir.s Ki.igd un.
f th'i Courts ot Ueei-rJ
suc:i acuoa s.iiiii oj commence
- i hi .
d by pe
of the j laia-
d bv tl;
tiff or some one on his b-jha
Tha lihel i:i this cas: w
;d by t'ic
Charles Bivwi-r 1
f jrih thereia ure
hid. who swe.a-3
tru ti th : I-st of h.s
'. syooai'.ii's eo.iaul c nt-?a is M i: t..isis ;
ieat, and tha
theco:istruetrn giwn to the j
urt, ia t'.e e.is i.f Morgan !
statute, by tbe full c
vs. Ma.iuef, (So-? Po'y
l,! of M mco 2it!l 1.50O.)
must hi ;.iShcru-.l to ia
It will h-i s.vn b; re
th.-it lit-cii 'n that tit
j r-.-HCi.t r:is..
slice to the latter
inion of t;ie cotiic was
based r.tt'.er upon the r.ces.-ity of cr.strinz the
sttuto btiiotlv, in ace rl ince with t:ie evi.h-.u in
tention of thi Legislature, ia regard t .is.-s to
which it clearly applied, thn ujoii ;iny a s duie
necessity thjit exists of having petilion? ven.'ud in
a particular way, in all cases wbats r.
On reference to tho cas of Thomas Sp- ;i'cr vs.
DaHcj $ Gtlbtrt, (in Admiralty) cited hy co ins -1
for the liU'llants, which was hiard by Ciiief Jus
tice Lee, I tnd that the respondents' ouiis-1 ia thai
case, made an objection to tho process of attach
ment hy which tho ship Nile " was seized, on
the ground that it was not issued according to the
form prescribed for courts of law by our statutes.
The learned Chief Justice, whiles overruling the
objection, on the ground that the jrocess was is
sued in accordance with the practice of Courts of
Admirality, sai 1, in speaking of the statute there
cited by respondents' counsel, " The cases therein
refered to have no relation w hatever to the Court
of Admirality, whose rules, process and practice
are entirely of another nature." Farther on. he
says, " Our admiralty practice has not been pre
scribed by our statutes, except to a limited extent
in a very lew instances, and, where it is not prescwh
ed.our courts are left free to adopt so much of that
of England, France, the United States and other
m;iratnne countries, as they may think wise, jut,
and best adapted to tho circumstances of this
In construine tho first section of the statute of
1843, and when we wish to ascertain the intention
of the Legislature in its enactment, we must look
at the statute as a whole, and so we must look at
it when wc aro called upon to answer the question,
Does the trst section of thij statute apply to pro
ceedings in Admiralty ? for if that section applies
to these proceedings, then ths other sections must
he applied to them also. I have no hesitation in
answering tbe question as to the first section, in
In a recent case, heard by ma in Equity, a ques
tion was raised as to whether or not the provisions
of this statuto were applicable to proceedings in
Chancery. I then stated my opinion that the
statute was applicable only to proceedings at law ;
and I now feel perfectly justified in declaring that
its provisions, are not applicable to caes either in
Equity or in Admiralty, both of which jurisdic
tions have a practice peculiar to themselves, all
the world over, entirely distinct, and in many re
spects altogether different from tha practice of
Courts of common Law. Were a Court of Admi
ralty to be tied up and bound by the stringent and
technical rules and practice of common law courts,
it would forthwith be shorn of a valuable portion
of its peculiar characteristics. si importont in the
eyes ot all who understand the equitable and libe
ral principles according to which the administra
tion of justice is facilitated ia Admiralty Courts.
I consider the verification of tha libel ia tbe
present case as being quite sufficient, when taken
in rmnection with tbs authority shown by Mr.
Dili Oi tjieu.i!! z ' i 1 I.O'll 11! till
Brewer, to institute tho suit on behalf of the libel
The only question which remains to be disposed
of is that of the damages, which tho libellants
claim as resulting from the non-acceptance and
non-payment of the Bill of Exchange, as set forth
in their libel. We have no statutory provision
hero as to the amount of damages to be allowed in
such cases; nor has the question ever been settled
by judicial decision ; and I believe that no fixed
usage on the subject has as yet been established
among our merchants, who, I understand, have set
tled the few cases when Bills have hitherto been
sent back protested, by amicable arrangement.
Happily, in this case nlso there is no contest as
to the amount of damages to be allowed the libel
lants, as it is agreed by counsel that ten per cent
is a fair amount to be claimed and allowed, for the
cost of re-exchange.
In this instance the holders did not actually re
draw for the amount of the dishonored Bill, as
they were entitled to do by Mercantile law and
usage, bjt whether they did so or not, makes no
difference to their right to claim and recover from
the drawer, the expense of a re-exchange. (See
Story on Bills of Exchange, Sec. 401.
The amount then for which the libellants are en
titled to have judgment, is the face of the Bill,
$1292,4'.) ; with interest on the same at the rate
of seven per cent per annum, the legal rate of in
terest in New York, from the 11th day of June
last when the Bill wis protested for non-payment,
up to this date, say $.jti,54; and ten per cent on
the amount of the Bill for cost of re-exchange,
say $129.24, making in all the sum of $1473,27,
besides the costs.
Let judgment be entered accordingly.
It is stated that the allies have determined upon
a grand bombardment of tho Russian position on
the North side of Sebastopol, in order to enable the
fleet to winter in the harbor.
Despatches received by the English and French
governments announce a serious accident to have
occurred near Inkermann, by the blowing up of a
portion of the French park of artillery, causing
the cV'aths of thirty of the French troops, inclu
ding two officers, and one hundred wounded, inclu
ding ten officers. On the part of the English
there was killed Deputy Assistant Commissary
Yellon, and 137 officers anl men .wounded. The
French despatch stites that three 'magazines ex
ploded, containing altogether 30.000 kiiogramms
of powder, 000,000 cartridges, 300 charged shells
and other projectiles.
A telegraphic despatch from Sir E. Lyons an
nounces that on the 5th and 6th inst., u flotilla
under the command of Captain Oslxorne, destroyed
an enormous quantity of grain and forage of this
year's harvest, w icii was packed in six tiers and
extending two miles along the eoast, near Gheiskli
m in, ready to bo conveyed to the ami- in the Cri
mea anil the Caucasus.
The lnralhh Russe announces that the Cz-ir'has
dismissed Prince Menschikoff from his office aschiel
of the st iff and of the imperial convoys, and
named General Adlerdurg as his successor.
?;The correspondence from tho allied camp on the
Tcln rnay.i is to the 10th of November, and relates
solely to the hutting of the armies, the Allies and
the Biiv-dans Ixdng both under cover.
There are still apprehensions of a Russian at
tack. Paris correspondence says that although winter
stoj s field operations in the Crimea, it is intended
to bouilurd the northern fdde. of Sebastopol, to
permit th-3 fleet to enter the harbor.
Letters statu that tho town of Mirianopol, on
the n ortli coast of the Sea of Azff, was bom
barded by the Allies on tho 31st of October. One
hundred shtdls w re thrown and the town set on
'Ire, tiil Austrian merchants hoisted the Austrian
thig nver the warehouse, when the firing ceased. It
v;is ru:;iored that General Wrangle menaced the
allied position at the Straits ot Yenikale. The
Alii:s had, however, 30 000 men there, and expect
to be reinforced by 15,1)00
The Jit aliJe Eussi announces that largs num
bers of the allied fores ein'iarked at Eap.itoria on
the 14th iiiit., and sailed westward.
NOTEiva xrvr raoy ears.
Trobizondo a Ivies of tho
5c!i say. th it during
the pa-t fortnight, no nnvs had
freoiblirs. Ojv.t Pacha's van.
reached Erz T.ium
;i.ird had reached
S.ujrna II ispital has h:n
ul iiiu barracks fir Swiss
AS AMERICAN tLirFIR iISFtCTF.D.
A hnirals Dundas and P-nau I, wit.'i their flair
ship an 1 a part ot the fleet, are in the Uay of Kiel.
A steamer is detailed to watch for an Aineii.-a;i idip
p. er supp ised t ho in tho Bala;; with a cargo of re
volvers. Sire It a- -
P.l'iiO.IED RESULTS OF CANKOEr.RT's SlIiSION
JOINS TUS ALLIES.
Resrctiair L inrob -rt s mission to bweden, we ;
hove only a Paris rum.ir hat tho rumor is import
ant, and is as follows: Tint terms of a mili.ary
c .invention i'.re agreed t ; that S-vel -a will furnish
a conting-fnt, to act with t';j Allies nest spring, if
mi"! be not jreviously restored; and that ;.a army
,.f French, English and Swedes will be sent t.
C mrl.ia I. t force Pru-ii a ad Austria t declare
themselves; and in return" fr her alliance, the Al
ii .'s will guarantee Finland to ber.
Conrohcrt l as been overwhelmed with honor. I
Uii mission to Denmark is now the grtat point of
interest. Want of success there mi .rjit neutralize!
the advantage gained in Sweden, as it is not be
lieved th.it these two Powers could adopt different
lines of policy. ,
Tiie London Morning Post, however contradicts !
the Tiins with regard to the alleged Swedisal
lionce, and says that the Times' details of a mili
tary convention, and its assertion of the adhesion
of Denmark, are without foundation.
It is reported in Paris that ono object of Gen.
Canrohert's mission to Stockholm is to demand the
hand in marriage of a daughter of the King of
Sweden for Princo Napileon.at present the next
heir to the French Imperial throne.
Tunnel between France nnd England
A French engineer of repute, M. Favre, announces
that an Anglo-French Company will positively be
immediately organized for the construction of a
suhmarine tunnel and railway beneath the hedof the
Channel between England and France. For sever
al weeks past some ablo hydrographers and engin
eers have been employed in surveying the coasts in
tho neighborhood of Uoulogne and Calais on the
French side, and of Dover and the South Foreland,
on the Fnglish side, and taking sounding, and the
practicability of this wonaruus schemo is assumed
to be beyond doubt.
" Our project," says tbe report, consists in a
tunnel of about 30 kilometres in length, formed
under tho sea, and olT-rin as much security as a
railway under the open sky. 1. The tunnel will
loo pierced in a manner so that tha bed of earth
which will divide it from the sea will never bo less
than twenty five metres, even at the greatest depth
of tho Straits. 2. The tunnel will bo lined with a
double arch, the first to be of granite and of im
permeable cement, the second of thin iron plate,
pierced in different places in order to discover the
least filtration. It is affirmed by the surveyors
that the soundings, which have' been made with
great care, show us that we shall meet a rock,
which will cnablo us to establish a tunnel of very
great solidity. The earth itself will form a natu
ral vault of freestone, which will tend t prevent
To clear away the debris it is proposed to sink
five maritime wells at intervals of the passage, and
by tunneling simultaneously from each, it is com
puted that tho communication may be opened for
traffic in about five years, at an expense of about
four millions. This appears very feasible in the ab
stract, but we fear M- r avre would have been class
ed by old Dr. Johnson, in the Rambler, with the
enthusiasts, among whom he describes one as " as
a man of a very grave and philosophic aspect, who
required a notice to be given of his intention to set
out, on a certain day, on a submarine voyage, and
of his wilingness to take in passengers for no more
than doable tho price at which they might sail
above water." ' ' . 1 -
British and Russian Frigates. We .
Russian frigates are lying eff Rincon point jn
proximity to the British frigate Amphilritl and
the vicinity of the celebration grounds of the All
Both of the former run up their national colon?
the mils t head yesterday morning, with as n
prideas though they were about to celebrate h
triumphs of the army of the Czar, instead of
ing within speaking distance of the extensive
parations being made to commemorate the dJti
fall of their nation's great tdronghold in the
mea. From the position of the ships referred
a most destructive result would be occasioned
the accidental use of a little grape for the iala.
to-day. One of the Russian frigates lies direct
under the range of the big guns cf the Be
and the appearance of these representatives of J'
powerful nations is rather warlike. Alta fv a
Our thanks are due to Messrs. R. Can?, i
Co., Agents of Wells, Fargo & Co's Express,
files of California, and other foreign papers. '
Also to Capt. Paty, far files of San Francisco
We are requested to state that Mons. Rochet
benefit, which was to have taken place List night, j,
postponed till Monday next, on account cf the
weather. It would have been provoking enwiihif
none out those of our own rough sex had been tl.
pointed, but the number of ladies who intended to .
tend was unusually large, and the aggregate of their
impatience at the delay it is hard to imagine
LIST OF LETTERS remaining tn tilt PostOffic,Fcbri,
Armstrong L Witt Allen Hezekiaii
Averburg C Ti
Ayes Leonard 3 Angn.tus Grcrpe
Armstrong Key. R. Admw Jamea V
A Ilea Abram Argncbu Jeao
Baker D I II
1! rock n ay VV F
Bowser Capt IV 2
Burn W illiam
Ilruwer Ctia II
Bache J Graham
I'u linan Micbl
Cole C W "J
Crocker O iver
Cooper Nathan F
Can uon N L
Bank Benj II
Brown .Momii V 3
Brown James W
Krowa J G
Brown A .M
I'.rown M I
Bennett N T
Bennett W T
Bennett Wm I
Clark VV 2
Chester Ca; t J 2
CVit Henry ii
Carman B 2
-Burnham A F2
Barker F. A
Birch E C
Boyle J A
Brati Vt illiam
Coop Henry I
Carson Robt B
2 Cbancerel Victor
Cutlin E R
Coleman Ceo ti
Collin Eawiu S
Davi Aldtn B
Dawoa J:.mes j
Chiford II V
Crp Capt B
Cleveland d T
Dimick Orlando 2 Droy Henry
Davite Jame Liavid Oliver 2
Davol Robert DaleJihn
Evau Jenny P 2
Loimeri Paul 4
FtralerJ L i
Fux J iob II
Ga dener J A
Graham li C
Grali in John B
Evens Moes A
Furdbxm W B 4
Faruell J C
Fun Gilbert V
Fruuvilie F de
Graven Ge l C
Green F M
Gruwold James A
Gre. ne KuQ
II .rl J
llerendim Lewis X
1 1 ait I Charles
Jay Willi am 2
La! onte Leu is
Lt e Sidm y
Metcalfe Geo A
Mitcliell X M
Miller Ja'0 B
Mary 11 C ind -3
Flemmin; F 8
Field Dr I L
Mjruiltun Wm 3
H i.ey Ge. B
lion ai d Cerge U
Haw ley Edwin
lialdo 11 la
I s.i roit Shiii'1
JutiLgon Tli ma
Kiblin M. P
Kotilor Charies 2
Lewis diaries 112
Ljcj.- Jaaie.i A "-
Myers t'npi E 3
McIuto.-b J amej
.la -on I ru Vi
.MiK.re A VV i
iiuoJy .Abol B i
orton liiraia F 2
O Iir.ua Jobn
Pacitatid L C
Pi mte h mai
Pi. rson K- oi rt
.tuba C ion
Ri!o v J. a H
t . i t e Lr 2
it ,y Frrl II
ItUSSUlI -ilTjil Ul
Sintt (k Mm O F
::iiii -i Jo ;a
i al-i J.miiu
.-"ai k! tt K.i-ha B
Iu-1 ma 'i .N ii
.:nion.I. Jo! it
Henry Ja:ni L
1 1 itcb W:n A
lJumplirevi W Jr j
Harvey Pruf IV il
Jones John B
Johncn James t
K ng LilUbridttK
Kn.gbt Jnios 11
Lan-itg Jacib H
Mc Ciint ci F 3
Mtcs Capt J
Peun Jchn 3 Powe! Ji.hn J
Piliu'erVV" A Pendiet nllii.ry
lV-bi !v J' bil Teax C f II
Pei ly K P 'cler it -1 l'a,t
Pr jitit r i f Tbeatio Prtvoit Viciur
Ku-il 5 G
R-Miincrilid At letl
Ki' e IV O.iaiu ii
KrJ imids A.
Kr U'.lu? J..im V
la-ii. ir-li 1-aac
Mr- et r Horace T
Streerer .Aiimiu D 2
t'aw i er Jin liiiio .
Re noidi Kda:tti
K.-vute Joon V
5-eiboid ba ". S
.-eilnl J Gru
S?r.ell A W i,;3
fml'.ll Joll.i X!
.i. ith bar A
Small A bwrt t' 2
i ulen K V
tundei'vr G M
Tava:e Man'I I
Trai J N
1 ale ( apt ' V
J. hn.se l r.-ckw.iv .uit: Kami.ii
t Joi.n I. iiii J tfiicriiiaii X-itii'I B
1 JoiiQ Henry alia w Wu
Taylor John W
'I hoina Ueubea
'.Viliiam Geo 1
We-t dpi A
UO alt John -3
Tiiomaa V G
Thi-iiiroon Jrl-n ?
1 lloU'r-oii John II
Tinker Horace II
Trii J H
Tavareo Jcbn 3
.itrxi E H 2
Wiihinlon s F
Wliitfrnl J-.hn F
Winchester i E B
VVarner I-ratl B
IV v au Geo
Wied:ii.m Ge.) W Walter Wi-liam
Yunna Oa-.-id Teatcn Miu M f
li. M. WHirXEY. P. M
On Monday, Jan. 21, by the Rev J. D. Srioru, L. A:
tis, E-q., of liort'alo, New Yuri;, i Mi Caoli.- H.; datiJ
te ul the Rev. E IV. t lark, 1 lloolulu.
In this city Feb. 2, 31 . Jons C. Bcixiosj, of the firm ot I
Coady iL Ckl, aged 23 year. Sir. B. wa tor:i-erly a te.-i:
of Aib.n),.'. Y sa;. FranciMro and Xew York ptn
On Tue-dT, the 20th nil., iu Honolulu, DaviD K-m."'
Eq., a member of the liar, and lormeriy Se, teseniativ fc'
tiie diir.ct uf Kaanapali, in Maui.
Mary Ann, daughter uf Mr Gfoaoa Htit, departed tia
lile January wist, lEot agt d ia years.
Per Frances Palmer, Mr. nd Mrs. R. G. Xoye, Mr. -MtC!yi
and ebiW, Olr. Ileury c. fha. v imam r. urew, r. vv . nw
Piatt Southward, A. Boeder, William Greig.
POUT OF HONOLULU.
33. Am. bnraie Frances Palmer, Pty, 25 days fr dJU
Memoranda , ,
The barque" Orkney La," from Liverpool, tor Ho;"i
arrived at Montevideo on September I'Jth with daniaf'1""
injj been struck by a sea on 'the 2nd of !epieint r MJ
3oU miies to the westward f Cape Horn, t-'he w di-c''3
tn-i ana repairing ana expetiea to ran ao -ui mo -
BY 31. C. 31 OX $ A II RAT
N TUESDAY next, oih List., at Auction IV
a lare and rreneral assortment of MEKCHAJ'
DIE, Dry Uoods, &3.; Cigars, Porter, Money Si&
Dwelling House and Premises at Acetic
OX WEDNESDAY, Feb. 1 3th 1356. at 12 o'ch
noon on the premise, vill be sold TIIE
RABLE DWELLING HOUSE situated on KJ
Street, formerly belonging to John O- Lewis.
House beim nearly ne, containing Dining
Chambers, Servant's l.oom &c. Together
The Lot of Land 74 ft. fronting on Kuui S'J
and 313 It. deep. .
Ths same sold subject to a mortgage, part:cu:
of which will be given at the time and p1ie cf
Honolulu, Jan. 12th. 1356.
CLERGYMEN and other persons authorized
perform the marriage ceremony, are tW:
to forward their Annual Reports to the oiSce ot
President of the Board of Education without dei-.
. R. AltilsTROXG, Pres. Board of t J
Honolulu, Jan. 30, 1S35.
PAUL C. DUCORRON, Attornej ai
Teyancer and AccounUnt, has removeu
ofSce from the corner of Merchant and Fort
to Swan & CliiTori' Building Charlton W hart, i
room lately occu pied by Mr. Perkins.)
Pabruary 1st, 1355.