Newspaper Page Text
SATURDAY, APRIL 30, IS.V.).
f Another volume of the Polynesian, the
XVth, closes with this number; and, while we are
duly gratified for the moral and material support
which we have received from an appreciative com
munity, we may be permitted to point with com
mendable pride to the improvements we have made
in several of the departments of our paper, and
which contribute in no small degree to its intrinsic
value and business efficiency. Our commercial and
marine intelligence are the best that can be had,
and who promises more performs less.
In closing this volume we wish to do 80 with
a light heart and an easy conscience. We are not
aware that we have wilfully and cruelly trod upon
anybody's corns, but if, in the unavoidable shock
and battle of political strife, we have alienated
friendships and made ennemies, we deem it no dis
paragement to express our regret, and to acknow
ledge our willingness to bury whatever differences
may have occurred, so long as they do not affect
the principles which we profess.
It is well known in this community that
IIr Majesty Queen Emma has long entertained the
project of collecting subscriptions for a Hospital
ibr sick and indigent llawaiians. iler lady friend
have been consulted, an attempt made to form a
committee of ladies for the purpose of soliciting j
subscriptions, and even days suggested for com- j
mencing the work. But obstacle after obstacle j that there was a girl in the case, nd a niar
intervened and at last Her Majesty, disappointed at riage, whilst allusion is made to a paper, and the
iiot being able to carry out a favorite plan dictated j frence priest, who, seemingly supposed to know
by humanity, requested as a particular evidence of j something capable of giving a leaning to the case,
sympathy with her wishes that the King himself 1 j3 referred to confidently. The reference is at all
would undertake the labor of love which she had j eVents a respectable one. Our reasons for now
hoped to execute in person. In Honolulu the ef-j aujin? tl) this matter are very simple. If this
feet of this prompting is well understood. For j IeUer naj een properly spelt aud addressed to the
two or three days past his Majesty has been seen j prt,per personage, it might have been referred to
in the moat frequented parts of the tuwn with his ! the JustiCes of the Supreme Court for them to de
memorandum book in hand, soliciting subscrip- I iterate upon ; they in their turn might have re
tions to a Hospital for his poorer subjects. We j qilPStt.j tie French priest (and ve presume the
understand that he did not at all determiue in his j sUlemet of a French priest would not have been
mind when he set out each morning on his eharita- j ruicJ out because he was a French priest) to tell
Lie crusade upon whom he would call or who he j w hat he knew; upon which the mystery of the
would ask, but he accosted people as he met them,
or slipped into their houses and offices as he hap-
peued to te passing ny, Having no preierence. aud
making no distinctions. Hitherto a large number
of persons remain unsolicited, but they may rest j
assured that the King will fall in with them in
good time. The list of subscribers which we pub
lish to day will be vastly augmented by this day
week. We respectfully and sincerely congratulate
their Majesties upon the success of this their hon
orable effort in a holy and humane cause. Surely
their Royal brows are now surrounded by a halo
that can lend lustre even to crowned heads. The
King's method of prosecuting Lis work has been as
unpretending as the ieeling which urged him has
been sincere. Upon foot and in the rain he has
worked many hours a day to accomplish his self
imposed mission, and besides its own articular
purpose, the hospital so long as it exists will be
an honorable memorial of the love aud sympathy
which ruled in the bosoms of Kamehameha IV and
the young Queen Emma.
Our readers will remember that by a recent act
of the Legislature now in session the Minister of
the Interior is invested with power to grant a
charter of incorporation to any persons who may
apply for the same with a view to establish a hos
pital in Honolulu for sick and indigent llawaiians.
It is also enacted that when five thousand dollars
shall have been collected or raised for the purpose
alluded to, the Government will contribute inland
or lots, or the proceeds of lands or lots, a similar
amount towards the hospital. Beyond which, it
has been passed by the Upper House of the Legis
lature, and we cannot suppose that the concurrence
of the Lower House will be wanting when the
subject comes before them to-day, that an appro
priation of two thousand dollars shall be made to
help meet current expenses. On each of the other
three principal islands the Government will double
the amount of subscriptions when they foot up at
two thousand five hundred dollars ; and considering
the little time that has been expended here in rais
ing much more than thrice the latter amount, there
is no reason to despair of seeing Hawaii, Maui and
Kauai vey speedily claiming the benefit of the
We should be doing very sorry justice to our
own feelings if we concealed altogether the satis
faction with which we hail the King's inaugura
tion of what may be called, if we look to the phy
sical condition of the people, a new era. It is
very long since we first raised the voice and called
for hospitals, and now we feel at last as if the
avenging angel's hand were about to be stayed,
and the guilt of supineness no longer visited upon
the innocent, if ignorant, victims of neglect. The
pioneer hospital about to be established, taken in
conjunction with the marine hospital for Hawaiian
Beaiaen, provision for which has been made in cer
tain new sections of the Civil Code introduced by
the Minister of Finance, gives us a starting point
from which we hope in future to date a new show
ing in the census as it reaches us from time to
vne woru more ana we will have done. Hono-
iulu has often been called the residence of a liberal
and charitable population. The list of subscrip
tions which we this day publish goes to prove the '
assertion. It is only a commencement, but it looks
very well indeed. The charitable societies of this
plaee are the very reverse of noisy ; there is a great
deal of kindness done, and a great deal of watch
ing too, that the town knows nothing about. There
are really those amongst us who do good by stealth
and blush to find it fame. But on an occasion like
the present, we think the individual ought to be
merged in the whole, and some notoriety given to
the readiness with which the public have echoed
their Majesties' call in behalf of those upon whom
the dark unhappy days of sickness have fallen.
An almost illegible communication has been
lying on our table for some weeks past, and which,
because it furthermore lacked in conventionalism
so far as orthography is concerned, we have let lie
over. It is signed by one John Dickerson, of some
place in Wailuku, Maui, and has for its subject
the case of a certain William Tilton, who appears
to have been tried for perjury before Associate
. , .
Justice Robertson on the 10th November, 1858,
and found guilty. Mr. Dickerson asserts that he
has had a long talk with the French Priest in Wai
luku, who said he was very sorry for Tilton, who
was suffering the penalty of the law, although in
nocent. Again, Dickerson only wishes he could
give evidence of what he knows about the transac
tion that led to Tilton's imprisonment at least,
if he does not the Priest does, for there is a good
denl of involution in our correspondent's style, and
this renders some of his sentences decidedly am
biguous. But if the advocacy of one man in behalf of
a brother man, suffering without cause, or alleged
so to he, is to be rejected because his love of jus
tice is unbacked by his knowledge of letters, we
can only say, God help those unfortunates whose
friends are too humbly placed to tell the truth effi
ciently. Of the facts in the case before us we
know nothing, but our correspondent's simplicity
in addressing us in the matter that ought to have
been laid at the feet of the King himself, proves
an amount of ignorance, which, taken in conjunc
tion with the bad spelling, speaks volumes for the
sincerity of William Tilton's advocate. It is no
easy matter for such an unaccustomed hand to
write a letter and to make a plea. This untaught
Council must have known that he was subjecting
himself to ridicule, and it seems only fair to sup
pose that in cases like his it is out of the fullness
of the heart that the pen records or the mouth
speaketh. What Mr. Tilton has been doing we do
,10l now llntji we refer to the report of the ses
sjiol,s jurjng which he was tried, but it would ap-
pajier given by somebody whose name we cannot
decipher might have been displayed, and a recom-
,Iieujatioii to mercy have followed. The idea of
lrvin? tlie casc over again at this lale time of the
jay is not periapSt altogether according to Cocker
or the Statute Laws of this kingdom. But the sin
cerity of this Dickerson loses nothing in our eves
from his being ignorant of the ins and outs of law,
nor do we believe that because he does not know
which knocker to use, the proper door ought to be
closed upon him or the man whose cause he advo
cates. Ignorance is like a blindness, and the man
who will not take a blind begar even by the hand,
when he sees him poking about with his staff at a
wrong comer, and put him in the right direction,
is not the sort of person that we should wish to
join our club. In the letter, deficient as it is in
punctuation and orthography, there may be simple
truth enough to afford more than what is commonh
supposed the necessary basis for a foreusic and
florescent address of five hours duration, with its
full complement of "jury droops," starts, satire,
pro-oono-publico-i&m and exalted piety in modulated
tones. At the same time it may be nothing but
bosh a regular sell. Should the affair, however,
have been taken up in a genuine spirit and upon
sufficient grounds, we would recommend Mr. Dick
erson or the French Priest to petition the King in
Council, and the more respectable names they get
to the document the better for their client.
1ied of aneurism of the aorta, at his residence in
Honolulu on Tuesday the 2Cth instant, the Hon. Joxa
Piikoi, a member of His Majesty's Privy Council of
State and also of the House of Nobles. Mr. Piikoi's
death has caused surprise as well as deep regret. Ro
bust, active, vivacious few members of the House of
Nobles appeared during the earlier part of the present
session to have a stronger hold upon life than he. As
clerk of Honolulu Market, an office he has held for
many years, he was personally known to a vast number
of persons, and as one of the prosperous and thriving
men of the pLice, surrounded by all the comforts of
life, he was pointed to as one whose career was worthy
of remark. The deceased was descended from an an
cient family of high chiefs who formerly had great pow
er on the island of Kauai, but his rise in the world,
and the position he held amongst the highest persons
in the land were owing to his own personal qualifica
tions. For a long time he was one of his late Majesty's
land agents, and showed peculiar shrewdness in man
aging what under the old system was often a difficult
kind of business. He was upwards of fifty years cf
age, yet seemed to be until lately in the very prime
and pride of life. Upon the announcement of his death
iu the House of Nobles by Prince Kamehameha the fol
lowing resolutions were passed, and upon receipt of
them by the House of Representatives that body also
adjourned for the day after addressing to the House
above a message expressive of strong and sincere re
gret. The day on w hifh the funeral will take place
has not been appointed.
ietolstd. That the House of Nobles hive heard with deep
sensibility, of the decease of thejlon. J. Piikoi, late an efficient
and worthy member of lliis House, and of His Majesty's Govern
ment. lirmilm. That the Sympathies of this House be tendered by
the President to tiie family and friends of the deceased.
Rrxalred, That out of respect to the memory of the deceased
this House will now adjourn, and that the members wear crape
on the left arm during the remainder of the session.
RrixAord. That the Secretary be instructed to communicate
these resolutions to the House of Representatives.
THE PAST WEEK.
The Prince ( Hawaii' Birthday.
We understand that the 20th of May, the first anni
versary of the birth of the Prince of Hawaii, will be
observed as a public holiday. Besides the morning
reception usual on such occasions, the Prince will re
ceive the children of about his own age, of those pa
rents who have the honor of the intimacy of their
Majesties the King and Queen. He will also receive the
pupils of all classes of schools in the metropolis, and
the clergy of all denominations. In the evening there
will be a grand ball, which we hear will be given in a
large marquee to be erected for the occasion. Another
feature of interest will be a Regattasomething new
here the first cup for the winner to be the gift of the
Prince, while our fellow townsman Captain T. Spencer
will present the second cup.
O.id-Frllow.' Olrbratio. Fortieth Atmirar.
One of the greatest pageants, in many respects, ever
witnessed on these Islands, was undoubtedly the cele
bration of the Fortieth Anniversary of the institution
of the Independent Obdee op Odd-Fellows in the
United States of America by the united action of the
members of Excelsior Lodge No. 1 and Polynesia
Encampment No. 1, both of this city, also the ceremo
ny of laying the corner stone of a new Hall lor the use
of the Order ; both of which occurrences took place on
the same day, Tuesday last, the 2Cth int.
It may be apposite, ou this ocoaiou, briefly to refer
to the rise and progress of Odd Fellowship in this couu
try. Iu 1840 Dr. Watson, of Newburyport, Ms, started
fur the then newly settled portions of Oregon, and bear
ing authority from the R. W. GranJ Lodge of the
State of Massachusetts to establish a subordinate
Lodge there if convenient and advisable.; Circumstan
ces, however, which travellers of that day could hardly
foresee, still less control, led Dr. Watson to these
Islands, and finding here a few resident Brethren,
members of scattered Lodges in the United States, he
conferred upon theifr the dispensation with which he
was entrusted, aud with no little pains succeeded in
organising the prcseut Excelsior Lodge No. 1 ; the fol
lowing gentlemen being the five original members,
viz.: A. Ten Eyck, C. Brewer 2d, G. D. Gilmau, M.
Johnson and R. A. S. Wood.
The lapse of twelve short years, with their vicissi
tudes of life and of residence, has left but three of that
faithful band to witness, on this occasion and in this,
pface, the growth of that noble tree which they had
planted; aud to thtm and their successors last Tuesday
was naturally a day of commendable pride, as well as
humble thanksgiving to Him, in the shadow of whose
protection and in the faith of whose continued support
they have labored and endured.
We make the following record of the celebration,
solemnities and festivities of the day :
In virtue of a decree from the R. W. Grand Lodge of
the United States, all the Lodges within the jurisdiction,
both Grand and Subordinate, were ordered to observe
the 2Gth of April, 1839, as a special day of thanksgiv-
ing and jubilee for the many blessings bestowed upon,
and the unexampled prosperity of, the Order; that day
being also the fortieth anniversary of the institution of
the Independent Order of Odd Fellows in the United
States. Excelsior Lodge No. 1 of the Order in Hono-
lulu having, through the liberality of the Grand Lodge effected in our cotemporary, relative to the postal sys
and their own prudent management, accumulated a ; tern of this country., A few weeks ago it denounced
building fund, resolved to lay the corner stone of an the proposed inter-island postage as a retrograde meas
Odd Fellows' Hall ou the day already set apart as a 1 ure, injurious to the people, and only less wicked than
memorial and a thanLs-otl'ering of the whole united the Ministerial idea that, under the Constitution, "what
brotherhood. j is sauce for the goose is tuuee for the gander." In this
Hence the double festivities of the day.
At half-past ten o'clock in the morning Excelsior
Lodge of Honolulu, joined by the brethren resident iu
T . . . ... i f-i i i. i correspondence, our merchants will drtnanU u u right that
Lahaina, auJ other visitors, and by Polynesia En- ; tieir ietterd be promptly delivered, and the post-office in collect
cann.iueut No. 1, formed in procession Wow their Lodtre ! u l'aKe iU assume a very different relation to the public
' t o- ; Irom that which it at present holds ill regard to our luter-istand
room in Fort street, preceded by a band of music and : correspondence."
escorting the "Progres de l'Oueauie" Lodge of Ma- j We congratulate our friend upon recovering its eye-
. ... .... . .. -i . .. i. . . i . t i .. . i : . i. : .
gom, aud the "Honolulu Chapter ot the Uoyal
Arch, followed by the "Mechanic Benefit Union Society"
marched to the Fort Street Church, which was soon 11-
ed with a large and attentive audience, among whom we
noticed His Majesty the King, the Chief Justice of the
Kingdom, the Commissioners of France and the United
States, and many other gentlemen of note. The Rev.
E Corwin, Pastor of the Church, by special request of'
Excelsior Lodge, preached a sermon from Ecclesiastes,
IV., 9 and 10, the Rev. S. C. Damon kindly officiating
at the prayer and beneJictiou.
We publish the sermon in to-day's supplement,
and to it we invite the attention of all who were pre-
vented from listening to the elocution of the preach-
er. We modestly claim some know ledge of the subject
treated of. aud we believe that few will deny us the
ability to judge of that sermon, either as a religious or
a literary productiou; we therefore as unhesitatingly
as cheerfully express our fullest approbation of the po-
sition it assumes, aud our admiration of the almost in-
tuitive perception with which a gentleman, not of the
Order, has penetrated and appreciated its true spirit
and purposes. Standing in hia place :is a minister of
God, representing the views and opinions (after hearing
him we may not say prejudices) of a Christian portion
of the community, as well as the refined and cultivated
mind of the uninitiated, upon the full value of secret
societies, like the Odd-Fellows or the Masou3, his en
dorsement of their principles, his exhortation to con
tinue steadfast in them, acquire an importance which
can not fail to tell nion: in favor of the Order than the
most labored panegyric from a brother.
After service was ended in the Church, the proces
sion marched in the same order through some of the
principal streets, until it arrived on the lot in Fort
street, where the "Odd-Fellows Hall" is to be erected,
next lot above the corner of King street. Here the ex
ercises of laying the corner stone of the new Hall were
performed, according to the ritual of the Order, by R.
A. S. Wood, D. D. G. S., assisted by P. G.'s D. N. Flit
ner and W. C. Parke and Br. J. Fuller, acting as Gr.
Officers for the occasion. During the ceremony the N.
G. of Excelsior Lodge, B. F. Durham, Esq., delivered
an address before the assembled multitude of ladies and
gentlemen, which we als publish in the supplement
cf to-day. It is ably written and was well delivered,
and the applauses which it received, though subdued by
a sense of propriety on the occasion, must have been as
grateful to the Odd-Fellow as they were due to the
ability of the ora'or. The ceremony concluded with
the ' grand honors' of the Order, given by striking
the hands together three times three times, after which
the crowd dispersed and the Odd-Fellows escorted the
Masons and the Chapter members home to their Lodge
Rooms in King street, aud then returned to their own
room in Fort street
The day was generally observed throughout the town
as a holiday, nearly every respectable store being closed,
and with the exception of a few light showers', hardly
enough to lay the dust, the day was pleasant, mild in
In the evening, Polynesia Encampment and Excelsior
Lodge gave a ball at the Bungalow, corner of Merchant
and Richard streets, where one of the largest and most
harmonious gatherings took place that we have wit
nessed fr some years. So true it is that " kind hosts
make pleased guests,' that we have heard none and
we have conver.-ed with a great many but what speaks
of the ball, and all connected therewith, with the most
superlative degree of pleasurable emotion. The ball was
honored by the presence of His Majesty the King and
suit. Chief Justice Allen, the Diplomatic and Consular
dignitaries, with their ladies, and many other distin
guished personages. At 9 o'clock the ball was opened by
His Majesty the King and the lady of Hon. C. R. Bish
op, and dancing was continued till about 2 o'clock in
Among the numerous ladies, whose beauties and
graces bewildered yet charmed us, we noticed, by the
elegant badge which they bore, not a few members of
the degree of llebekah, and we are told that to their
fckill aud their taste as good house-wives, as well as ac
complished ladies, were owing the excellent quality and
profuse quantity of the refreshments.
To the Committee Brs. Hoffmann, T. Spencer and J.
II. Brown, who decorated the hall and arranged the
ball great credit is certainly dne. We have read of
fairy palaces in Arabian Nights, but the splendid and
tasteful manner in which they turned the old Bunga-
low into a ball-room hos a touco of romance if not of
enchantment in it.
If the Odd-Fellows Hall is not the first edifice erected
for a benevolent institution (seeing that the Sailor's
Home was built a few years ago), yet it is well worthy
of note as a permanent tide-murk of tie advancing
principles of benevolence and love, of the practical de
velopment of the divine idea that "whatsoever ye wish
that men do unto you, do ye even so uuto them." When
the necessities of future ages shall require the removal
ot the building, or the enlargement of its foundations,
the contents of that corner stone may come to the men
of that day like a voice from the tomb, like a resurrec
tion of the dead, not only proving historical facts, but
also the unbroken perpetuity of moral truth.
A written Statement of the circumstances nnder which the
building was erected, showing from what sources the funds were
receiveil, signed by the N. G. of Klcelsior Lodge.
The Holy bible.
Copiea of the different newspapers published in Honolulu.
Commercial Statistics of the Hawaiian Islands from s43 to
List of Officers of Excelsior Lodtje No. 1, and of Polynesia
Encampment No. 1, at the date of their respective formations
and at the present date.
Statistics of the Oader.
Copy of the Charter by authority of which Excelsior Lodge No.
1 is working.
Copy of the Address delivered at the ceremony by the N. G
of Excelsior Lodge.
Commercial Calendar for
Copy of the Historical Sketch of Tolcanos on Hawaii.
That in the course of buildiug obstructions of the
street are sometimes all but unavoidable, we are willing
to concede. But that piles of bricks should be left in
or near the middle of the street of dark nights in the
very high road of carriages proceeding to or returning
from church or evening parties, and where such brri
cades are neither expected or visible, is rather too bad.
Common humanity would suggest at least a lantern at
each end of the hsap. We were walking with a gentle-
! n,aa the 0,uer ening who fell on these bricks and
j dislocated his shoulder. What other accidents happened
we Jo uot pretend to know.
" Stand by tor Stay!"
The most remarkable somerset on the political tight
rope we have lately witneed, U the change of creed
week's issue it admits that
"So long as our post-office is a gratuitous svstem as at present.
( the government can not be asked to do more than the facilities
, at their command will allow; but the moment a tx is imposed on
B1sul BU lar as lo uiscoer im . ivx suuic uu nunu u was
j steering; but in order to prevent surprises, whether
Peasant or otherwise, would it not be well to pass the
word along, that the world may know that the Adcet
ttsti is tacking !
j A Drawn Game.
We understand that probably Monday of next week
! will be fixed upon for the prorogation of the legislature,
; all of the points of difference between the two houses hav-
j ing successfully been accommodated and arranged,
with the exception of the liquor question. On this last
i the upper and lower Houses would uot agree, and so
j all legislation on the subject is by common consent
dropped out of the new Civil Code, and the existing
I liquor laws remain undisturbed. Those Gentlemen of
the House of Representatives, to whose iersUtency the
j credit of the above result is mainly due, may well ex-
J claim with Pyrrhus : "another such victory and I am
j lost !" may well go home aud explain to their coustitu
ents the momentous difference between tweedle-dum
. and tweedle-dee ; may well proclaim at the market
cross the only ultimate, legitimate conclusion of their
premises, viz : that a people who can not be trusted with
the management of their own individual, inalienable
rights under the constitution , shoull not be trusted with
the management of the constitution itself.
But, what is deferred is not lost. And, when the
people again assemble to elect and instruct their Rep-
! resentatives, they will remember that it was not the
King, nor his government nor his Nobles that trod the
rights of the commons under foot.
Don't in ins the Opportunity
Of securing a photograph picture of the ceremony
of laying the cornerstone of the Odd Fellows' Hall,
which can be had from Mr. Froebc at his Daguerrean
rooms in King Street. The picture is perfect in an ar
tistic view, and represents the scene just after the com
mencement of the address by Mr. Durham ; a most fa
vorable opportunity, while every body was quiet, in
rapt attention on the speaker. We understand that
copies of Mr. Froebe's photographs will be forwarded
to the Illustrated London News " and the Leipsig
Illustrirte Zeitung." In connection with this subject
we would simply give utterance to what seems to be a
general conviction, that the portraits of their Majes
ties the King and Queen, now to be seen at Mr. Froebe's
rooms, are most splendid specimens of the art which no
one that visits the rooms should fail to enquire for.
We learn that the price for photograph copies of the lay
ing of the corner stone is $3, and for copies of the por
traits of their M tjesties is $3 each, or $o for both.
By an advertisement in to-day's paper it will be seea
that Mr. W. L. Green, Esq., has been associated with
R. C. Janion, Esq., and that the firm now assumes the
name of " Janion, Green & Co.," Honolulu, Haw. Is.
We wish the new firm all the business prosperity which
their own emrainent talents can not fail to secure, all
the social consideration which their high commercial
standing so well deserves.
We have received from Mr. Oudinot, of Laha'na one
pumpkin, GF but of titch pumpkins one at a time is
enough of the crooked neck kind, which whm placed
upright measures 3 feet C inches from stem to eye,
straight, and 4 feet with the curve, and has a girth of
27 3-8 inches. This mother of pumpkins wcigh3 Jitg
one pounds and is but one out of a crop of similar beau
ties. Fly Traps.
We have noticed at Dr. Ford's drug store a new in
vention Yankee of course by which flies and mosqui
toes are literally "led by the nose" to their own eter
nal confusion. The fly is attracted by the molasses,
smeared on a roller of some 6 by 3 inches, and carried
around by clock work, which finally lands the unfor
tunate traveller in "kingdom come," a gauze cage re
sembliug a. meat-preserver. The traps are ingenious,
and cannot fail of becoming popular. The price is $
GT We are indebted to the Adcertuer for the use of
he type of the addressjof B. F. Durham, Esq.
Honolulu, April 23th, 1859.
Ret. E. Coawix Deah Sir :
In behalf of Excelsior Lodge No. 1, I. O. O. F., we
would respectfully request you to furnish us with a
copy of the Sermon delivered before that Lodge on the
2Clh inst.. in order that it may be published.
We are. Sir,
Very respectfully, &c.
B. F. Durhm,
J.xo. H. Brown.
D. N. Furs ER,
Committee of Arrangements of
Excelsior Lodge No. 1.
Hoxolclu, April 20th, 1859.
Messrs. B. F. Durham, J. H. Brown and D. N. Flit
ker Gentlemen :
Your request for a copy of my Sermon delivered be
fore Excelsior Lodge No. 1, on the 2Ctb, is before me,
and the accompanying manuscript is my reply.
Respectfully, &c, &c,
Llat ! Sit bitcri tors to the Houolalw II pit
to April 29, 1859.
His Majesty the King
Her Majesty the Queen
Her R. II. the Princess V. K. Kaahumanu
His R. II. Prince Kamehameha
Allen, E II. Chief Justice
Armstrong, R. Rev.
Aldrich, W. A.
Austin, J- W.
Adams, E P.
Brewer, C. 2nd
Bates, A. B. District Attorney
Bartow, C. 3.
Borden, J. W. U. S. Commissioner
Brown. J. H. Sheriff of Oaha
Bishop, C. R.
Bishop, Mrs. C. R.
Clark, Capt., ship Ocean
Coffin, E R.
Cartwright, A. J. and Capt II. S. Rowland
Chapman, J. E.
Dowsett, J. I.
Davis. R. G.
Dominis, Jno. 0.
Everett, A. P.
Fcrd, Dr. S. P.
Green well, H. W.
Guillou, Dr. C. F.
Gregg, D. L., Minister of Finance
Oilman, G. D.
Hopkins, C. G.
Holdswortb, H. J. II.
H aalelea, L.
Hall, E. O.
Hudson Bay Campany
Harding, T. G.
Howe, G. G.
Hauks, F. L.
Jones, m. Ap
Janion, Green & Co.
Kckuanaoa, 11 is Ex. M.
Lunalilo, W. C. on His Majesty's staff,
Miller, Gen. W., U. B. Y.'s Commissioner,
Meek, Capt. Jno.
Melchers & Co.
Mauini, P. F.
Miles, C. J.
Molteno, Capt. F.
McKibbin, Dr. R.
Nahaolelua, P. Gov. of Maui,
Neilson, II. A.
rarke, W. C.
Pfluger, J. C.
Tratt, A. Consul U.
Paki, Miss Lydia
Pratt, J. R.
S. A. (first donation)
Robertson. G. M. Associate Justit e
Robinson & Co., J.
Ritson & Hart,
Reynolds, Lieut. U. S. N.
Richards, C. L.
Spalding, J. C.
Snow, Capt B. F.
Stapenhorst, F. Oldenburg Consul
Samsing & Co., C. P.
Smith, Capt. J.
Stott, Capt. W.
Tread way, P. H. Sheriff of Maui,
Utai & Ahec
Wyllie, R. C. His Ex. W
Waterhouse, J. T.
Waterhouse, Mrs. J. T.
Waterman, D. C.
"Whitney, H. M.
Williams & Co., C. A.
Wood, Dr. R. W.
Walker. J. S.
Wood, R. A. S.
House of Xoblea.
AraiL 25th, Sinur huh Dt A message waa received
tranquil tting a resolution in regard to the sale of liquor, and
list of concurrences, etc.. or the report of the committee of
Conference. Messrs. li, Haalelea and Wyllie were appointed
a committee to meet wite a committee of the Hou-e below f..r
further conference oa section 470 (the horse tax). The amend
ment by the Kepresentatives in lai waa concurred in. The
House got into a discussion on ecnons 77, "d, 79 anil 80 fof
liquor licenses), during which the Minister of Finance st i.lte
at wine length to the unconstitutionality of the ground taJien
by the House below. He said:
Ml PacsiDsnT: Whes, as long ago as the early part of
January, this subject came before the House ol Nobles, I took
occasion to explai a briefly my views, of its hearings under tiie
constitution. I laid down the principle that no discrimina
tions could be made as to rights and privilege, between dif
ferent classes of bis Majely's subjects. 1 held that Ue nativo
and the naturalized must, in both respects, stand upon th
same footing. To sustain this principle I referred to the theory
or the Hawaiian Government and cited certain plain constitu
tional enactments. Two months or more of consideration
sufficed to bring rorth objections not to mi argument- but
to suppositious motives and purposes with which I wascharg
ed, having just as little relation to truth as the fictions of Gul
liver, or the tales of the Arabian .Nights' Entertainment. It
is not my purpose to notice any such objections here or i..
i 1 .1- 1. ... ..... ... ).. "111
tawdry, logical struetuies which ignoiance or nmUi-ni '
have baed upon UUehood. -
I ant content to plant uiyseir npon the constitution u , .
i ... - ....1 1. k : , "Hieb
I UK.v ... . . 7 inn luies of Cl.
tmrtinn. il dues not sustain the conclusion' I kiv.
... i ,..:-- ".""to.
t Sin Jfravnj uiistiiura ai Hi, ihs'"K'i - import, jnii it
1 I ...... IT il .ilinil. Hl.tiii.tn.n. i.l ai.!.. i
among sublets in the acquisition and enjoymrnt of pr,.ptr,
and ins possession of personal rigutu, it is unworthy
h'pect it has so long enjoyea
Dues it in fact, or by implication, allow of any such d
crimination ? The first article is in the following terms
Uod hath created li men free and equal, and endun i
Uiem with certain inalienable rights; among which are ifi
and liberty, the right of acquiring, posteimiig and frottctitin
property, and or pursuing and obtaining safety and haiin?
ne " lv
The principle of equality U hrstestabliohed. Then 'lie nir -t
i.i.portani of tiie inherent fights-pertaining to ttiat equal 7
are defiued. The right of ac-jKu-ing, jntmnnnng tHli ' '
toting property, is particularly sperihed. and it in pUred JT
ond-only to the right of life and liberty. Does it nut tj.
clearly follow that whatever mode of acquiring, pus.r11
aud protecting property may be lawful to one class or pom 'f
of the people, must also be lawful to eery other? All ,
jerts stand upon the same platform, and legislation 30111
rightfully make a discrimination. Equality ,1 t,e .
down by the Constitution. "
1 object to the action of the House of Representatives b.
cause it violates this rule. It concede to naturalised' sut
jecis privileges and rights which are denied to native sub'eeL
To coufonu to the requirements of the Constitution, we "i,
admit both classes n sell, and use intoxicating drinks or
must make prohibition universal. Tor the sake of cuuMsiei r
one ground or the other should be distinctly taken. ' ' '
The Joint Committee of Revision suggested a plan whioh
salaried the Constitution, and which ought to have hero r
ponded to by expediency and policy men of every grade
In. in the tauatical, who act in good faith, down to the tin', 7
servers and wanimon-worshipers who have no faith at j'T
ll was proposed 10 give to all subjects of the Kingdom -'
privilege of wholesale licenses. This was the alternative 1
entire exclusion, an alternative made necessary by our ire
ly obligations. So far as retail was concerned, "the linntati o
of sale was extended from native fiawaiians to all subjects f
His .Majesty. The lower House went back to the old uncon
stitutiunaloescriiiiination between classes. You, .Vobies re
fused to concur i.i such a policy. You adopted the sueesnonj
and followed the able reasoning of hn Royal Higlmess Pnii. e
Kanif-baineha. It is much to bis honor that be bad the Z
dom to adopt statesmanlike view of the subject, and the
firmness to act accordingly. If sin of the present hour.mu
not do him justice, he will find that a new generation u.prini!
ing up to rally around In in in support of the great cuutitii
tional principles which he advocates. The day is uot tar dis"
taut when Hawaiian laws will coaior-n to the Hawaiian Con
stitution, when inequalities of condition introduced and
nusiaiued by the slien, will be so far reduced as to place Imu
on a footing with those whom he now arrogant! v assume to
direct and govern. There is n.j country but this, nh-re the
alien i abve the native born, and that exception ourht to
cease as soon as legislative action or judicial decision ran ar
complish it. The one or the other will take place at n Terv
distant day. I have sustained the views and policy of nivcni
league in the Ministry, his Koyal Highness, became I
thought them right, just and constitutions.!. I shall continue
to sustain them lor ihe same reason, and I eniertain no doubt
that they will soon he recognized by all, as sound and juuj.
ciou. Present influences may contend aain-t the:u, tor they
are opposed to the policy of those who now merge the consti
" union aud the right of the people iu their own Harrow judsl
meul of policy, without reference to equal privileges or the
principles ol" a free government.
The 14th article ! the ."oostitution confirms niy argument.
Il is in the following words :
The King conducts his Government for the common good -,
for the protection, safety, prosperity and happiness ut bn peJ
pie ; aud not for the pront, honor, or privatt interest of my
oue man, lanii'y. or class of men among bis subjects. There
tore in mating laws fur the nation, regard ha:l he had to the
protection, interest and welfare, not only of the King, the
Chieb and Kulers, but all the people alike."
How can the King conduct the government for the cor.iTiivn
good wheu bis Legislature allows Uiu-wnnhn laciiiuet ur
"acquiring, possessing and protecting property " to one cla-.
of suhjecu above another.' How can regard be had to me
protection, intercut aud welfare" ol -'all the people alike,"
when one part of the people is preferred to another part? If
it is uot lawful for the Government to provide "lor the profit,
honor, or private interest of any one man, f ami ly or Ciass ut
men," how comes it that the Legislature may give to natu
ralized subjects the prmle?e of making fortunes by the sale
of intoxicating beverages, when native subjects are debarrtd
trom the same privilege? Is this the equality meant by our
Constitution? If so, it is utterly delusive. It m a ilmie ,,1
lair words on paper, but the veriest humbug in a 1 things el.,,
nhumbug to be scorned and repudiated, as all humbug
should be, on the first convenient occasion. The object of the
Hawaiian Constitution, was to establish equality among iko.-?
subject to its jurisdiction. It makes no distinction between
classes of subjects. It places the naturalized aud the n.itne
subject on the same footing.
The House ot Representatives, in violation of the IiiUJa
mental law, seek to perpetuate a distinciion. ill you sub
mit to it, or M ill you, as a co-ordinate branch n the Legisla
tive department, vindicate your own rights and those ul yout
fellow subjects ?
Will you, .Nobles, decUre your inequality . 3 Are you mill
ing to say that your rights are less thau the rights ot the Hun
gers you have made Lit with your ewn substance the Gran
gers you have taken within your gates as guests and weirum
ed as friends? Will you assert that His Majesty and his K.,v
al Highnes. my colleague, may not enjoy the same civil ai.j
social privileges which pertain to those who have enjoytd
their courtesies? If you sustain the action ot the lower Hou-e,
you proclaim this and much no re. You declare what miem-d
Hawaiian, native or otherwise, ought ever to admit the in
feriority of your race. You concede your Incapacity U rselt
governiuent. You place upon your brows the mark of seli
ahaseiuent. Are you willing to stoop so low as to do this I
ask you to discard prejudices and look to political reasons,
with which you cannot fail to be convinced. The Hanii,au
(jovern nent holds a place anions the nations of the world. It
must adopt the common rules of civilization, or it will fail in
to deserved contempt. It cannot adhere to the peculiar 111-11-tutions
which lormer necessities exacted. Those institutions
served in their time. They were, perhaps, the groundwork
of civilization, but they must give place to other ideas. They
are superseded by the practical mind-working and niind
characteristics of the age.
I have been profoundly surprised by some of the ideas re
cently declared elsewhere in regard to legislation. It is said
that the representative is not bound to look to the Constitu
tion, but only to the wishes of his constituents that the courts
mmi take cure of the fundamental lair, while the legislature re
gards solely the demands of public opinion. Is this the true
theory of the Government If so, why demand an oath of sup
port to the Constitution ? Is not every representative sworn in
the most solemn manner to observe the requirements of that in
strument? The oath of a member of the Lower House, from
Honolulu or Lahaina, to that effect, is just as valid and bindii g
as the oath of the Ju.lpe who sits upon the bench. The Repre
sentative is quite as much required to stand by the Constitution
as the members of the highest Court iu the land. He solemnly
swears to do it before he takes bis seat, and guided by his own
sound judgment he must perform his oath even if it be in defi
ance of the expressed wishes of his constituents. It is not within
the province ol any constituency to require perjury from its dele
gates. The representative principle waa never intended to bisd
the Legislature baud and foot to this absurd extent.
The Ucpresentative is most certainly and clearly required to
observe the Constitution in all lejs actions. In matters within its
scope, he may, if he pleases, look to the will or the preferences of
those who elected him, but no further. lie is the servant of the
Constitution as well as the servant of the people ; his tlrst duty
is to the Constitution ; and in sustaining it, he performs bis best
duty to the peojile
The action of the Committees of Conference has resulted in no
equitable adjustment. You, Nobles, have, in ail things, stood by
your Committee ; and while your confidence was freely and fully
given, it has not been betrayed or dishonored. The Committee
ot the Lower House stands in n less fortunate position : trusted
with the del.cate and responsible functions of negotiation, it has
sometimes tailed to meet the support and the confidence which
the very act of appointment ought to have implied. Thus have
arisen difficulties between the two branches of the Legislature ; '
ffius has it come that we are met with the stolid cry which sets
up possible consequences above the Constitution !
How can any man who has a conscience take such a ground
When men put their consciences with their purses in ibe.r
breeches pockets I can very well see that their morality may be
con founded with mere ideas ot dollars and cents, but I cannot
see how the legislator is able to square an unconstitutional de
maud on the part of his constituents with his obligations to sup
port the Constitution. Is it not to be understood that when ne
swears to sustain that instrument, he means something more ih m
au obsequious submission to the prejudices of those to whom he
owes his election ?
I hold the priuciple of popular representation in the highest
regard ; it is one of the bulwarks of freedom, and can never be
given up where constitutional government exists, but there is
always a tendency to abuse which ought to be guarded airt'l
with the utmost care. It should never be forgotten that while
the Constitution prescribes a guaranty for the liberties of tt.e
people, it also fixes a limit to the responsibility of the Represen
tatives. I repeat, then, that within iu limits, and only within its
limits can the Representative be rightfully controlled by the wishes
of his constituents The Constitution is the master ; "the K j.
his Throne is bound to repecf it, the subject is bound to rer-p-t
it also, arid his representative agent has no wider range ol op
tion. It is not true. Nobles, as you may have heard outside of tl.t
bouse, that Cabinet Councils have influenced my action or t.'.nt
of my colleagues, on this subject. There have been no cou'en: -ce
or consultations as to the course to be pursued. u have
acted, each on his responsibility as a legislator; and if ail hive
fallen into the same track, the agreement results from tiie clear
ness of the principles which support our position. The or of
Cabinet dictation may excite some prejudice elsewhere, but it
can do r.o harm. You. Nobles, wilt laugh at the cnirp..ir,eat
which is paid to your intelligence by the assumption of your suo
serviency to Ministerial control.
It is no pleasant thing to take gronnd against ancient prejudi
ces. Duty is sometimes a stern mouitor. Without the eonv.ctioa
that there is no alternative course, I should hardly stand u-p to
brave the opposition which assails me. Hut there is a print
above mere expediency to be decided. It is the question wiieth. r
the Constitution shall be the law of the land, or the mere opinions
of certain classes of his Majesty's subjects, for one, 1 '!'-'
stand by the Constitution, whatever consequences betide nie. I
am content to adhere to the right, i adopt, Mr. President, the
motto on yonder wall which stands beneath the portrait of ''"!
late Chancellor of the Kingdom:
fiat jtmticia, ruat ectlum.
I am aware that malice pursues me ; I know that blind and
bitter malevolence seeks to make me Its victim ; I am conscious
that braien falsehood follows my tracks and attenspts to mw
strue all my official conduct, so as to favor its own malifrtiint de
signs. Let the issue come as soon as it may. If I am not sus
tained, I shall at least fall with decency and dignity. I shall fiol
because I have urged upon you. Nobles, to vindicate the Consti
tution and to adopt the financial policy which belongs to ail c:v
ilixed States. But the views which I have maintained will pf"
vad. They are founded in justice, and cannot long be subverted.
Then stand by them ; give them your efficient support, and bs
convinced that they will lead to the highest good of the King
Mr. Wyllie stated that he was glad that the Minister of Finance
had stated so clearly the precise constitutional issue. That isue,
if it had not been greatly misrepresented, had, at ka.-t. ba
greatly misunderstood. It had been contended that to grant t'j
natives the same right of obtaining spirit licenses as aii.-ns and
naturalised foreigners, was to open the floodgates of intemper
ance and vice upon the natives of the soil. Now nothing, in hu
view, could be more widely different thau that result and the
simple question, shall a native, who offers the amount of the
license, the securities required by law, and to subject himself j
all the conditions of his license, "be debarred from obtaining such
license? For his own part, he so understood the strict equally
of right, to all who live under the King's jurisdiction, under the
1st and 14th Articles of the Constitution, and so understood his
oath to support the Constitution, that were he the Minister of the
Interior, he certainly would not feel justified in refusing to a na
tive a license to sell spirits, nnder the circumstances which he
had stated, unless after reference to the Supreme Judges and
their clear sanction. .
He could not perceive what difference it would make in regard
to the virtue of temperance, whether, for example, 1,800 8"
of spirits were sold annually by a foreigner or by a native. B'-it