Polynesian. [volume], June 09, 1860, Image 2

About Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864

Image provided by: University of Hawaii at Manoa; Honolulu, HI

                
day) n lengthy discussion it was objected, thai re
porta were in the nature of news and should not be
charged aa advertisements; that if they were not so es
teemed, and the paper preferred other matter, the House
was not solicitous to obtrude its debates. The subscrib
er would look to the Editor to explain the omia-ion.
- Motion lost and Committee instructed to inquire fur
ther. . . . .
Eistksth Day, June 4. The bpeaker Had remvea
note from W. I Ureen tsq., rresiueni 01 uie vnnui
w rvmmaiw with resolutions which he read
length. On motion of Mr. Webster, they were referred
to the Committee on Commerce. Petition presented by
Mr. Knudsen, that Waunea, Kauai be maue a pon
nbmvl tn Cnmmittw on Commerce. M
tuu;. .-o.v.. - -
Dowsett of Committee on printing, reported that the
.. v ..:. .1 t TU.. el.
Uae Hawaii would prim a repon, iu uc lumu-ueu uj
House, and furnish 200 copies for $12 per week, and
that Mr. Whitney would issue an extra in the Hawaiian
lanuaee. witn report iurnisneu io aim, ana iuniuu
? - - r tye tf . . f
copies oi tne same ior uuusc t-.ii.
' In Committee of the Whole, took up Mr. Chnmber
i....a notVa hill ' na amended, to authorize clerks
J vw.mw , ' -
of circuit courts and district Justices to administer oaths
wherever oaths may be required or sutnomea Dy law
T- WoKtAP nnmsnl the bill as beimr unnecessary
the law now giving circuit courts power to depute the
. i L:a T -LI
UlUVII jjivj"1-
on the table. . .
Twelfth Dat, June o. Petition from Koolaupoko
to reduce the salaries of the Ministers; to take off the
school tax from those who have no children; to discon
tinue foreigners in all offices, as being a sort of people
whose business it is to raise their own salaries ; this
last was moved to be laid on the table. Mr. Kalama
strenuously opposed such a disposition of the petition.
The prayer of it was the settled wish of many of this
people and they had full right to petition for it. There
had been a petition fathoms long, to the same effect be
. Widtfir Sanuose the people, uow that
they had become enlightened, wished to take care of
. 1 1 1 1 t 1 smasJ
themselves, who snouio say mey snuuw u- i. wiu.
to be laid on the table, ayes 14, noes 8. Petition from
Honolulu with 134 names, that Hula teachers be
licensed at $20 per annum.
Mr. Kahulanui read his bill to permit natives to leave
the Kingdom. On the question to reject, Messrs. Dow
sett and Webster said there were, at present, no pecu
liar disabilities upon natives other than native sailors.
Bill rejected.
In Committee of the whole. Mr. Green's a.ct toamend
sec. 279 of the civil code :
"Section 279. It shall not be lawful for any foreign
er, whether naturalized or otherwise, to practice in t his
Kingdom as a physician or surgeon, for compensation
or reward, unless he shall have first presented to the
Board of Health or to such examiners as said Board
may appoint for that purpose, satisfactory eviJence of
professional qualifications and good moral character,
and obtained a certificate of approval from said Board,
and a license from the Minister of the Interior. Any
person violating the provisions of this section shall, up
on conviction thereof, be liable to a penalty of one hun
dred dollars for each offence.
By striking out the words foreigner whether nat
uralized or therwis V and inserting instead the word
person" in order that the law may touch native
quacks; secondly by adding a provision that ministers
of religion may practice in their respective parishes." In
debate upon the first amendment. Mr. Ukei.e eloquent
ly opposed the same. He said the natives were reckon
ed a worthless things, while the foreigners were hon
ored. The foreigner was indeed skillful, he was skillful
at awkwardness, (akamai i ka hawawa.) The peoph
should beware ot the foreigner, he was very cunning.
Under the care of the regular faculty their kings and
chiefs had already gone the way of all the earth Now
leave the people to the care of their own doctors. Mr.
Kalama opposed it as abridging the rights of the people.
Should a native present himself before the board of
health to pass examination as a physician, he would
at once be contemptuously turned away. Ordered to
lie upon the table.
Thirteenth Day. June 7. A long petition was pre
sented and read by Mr. Dowsett, in English. Mr. Ka
lama in native, from Kahinukawa for relief from w hat
she considered an inequitable decision of the Board of
Land Commissioners, and wherein she had fu'ed ot"
justice in the late action of Bishop vs Kabinukawa be
fore the Supreme Court, whose decision we published
some time since. On motion of Mr. Kalama, ordered
that it be referred to a select committee of five.
An act amending the law relating to Pilots received
from the upper House, was passed to its second reading
and referred to Committee on Commerce. Joint Res
olution appropriating $8,000 for expenses of the session
of the legislature of i860, returned with concurrence of
House ofX-bles.
In Committee of the Whole to-day the House passed
an act amending sec 529 of the civil code by striking
out the word " merchant."
"Sectiow 529. It shall be lawful for any foreign mer
chant vessel having enteied either of the ports pen to
foreign commerce, and paid all legal charges against
her, with the written permit of the Collector-General of
Customs, to proceed to any other place in the kingdom,
not being a port of entry and departure, for the pur
pose of debarking c: rgo, the duties upon which have
been paid, or of embarking cargo, or of obtaining re
freshments. The collectors of customs at all other ports
in the kingdom than Honolulu, may gr;.nt such permits
for their respective collection districts."
It will be seen that the effect of the amendment will
be to extend the privilege of taking out such permits to
whalers.
THE POLYNESIAN
SATURDAY. JUNE 9. I SCO.
Bn wUtljority.
It has pleased the Kino to approve of Henry
Bigelow, Esquire, to act as Vice-Contul of the United
States, in Lahaina, during the abser.ee of Anson O.
Chandler, Esquire, who retires, temporarily, from
ill health.
It. C. Wtilie.
Foeeiox Office, 8th June, 1860.
tO" The leading article in the Advertiser of this
week shows a marked improvement upon that of
ita predecessor of last week. The change for the
better in its manner and style is so great indeed as
almost to reconcile us to the sad necessity of re
buking it so severely and so often. While we are
thus encouraged not to despair of its im provability
and, if that change continues from manner on to
. matter, may after due probation be tempted to re
commend it to play second fiddle in the Government
orchestra, yet until that millenium arrives, and to
aid oar brother on the road, we will continue to
hang out the lanterns of truth on his passage.
When tu3 Advertiser endeavors to draw the in
ference from our comments upon the Report of the
Minister of Finance that the Cabinet are at logger
heads and we merely attended to onr own safety
in seeking shelter with the strongest party, it ei
ther draws its ideas from the past, or it betrays a
very great ignorance of both the Cabinet and of
ourselves in the present. Had it read the Report
of the Minister of the Interior to the Legislature
of 1858, or, having read it, had it remembered as
well as when it suited its purposes to remember,
it would have known that the following passage
occurs in the said Report :
' Pino the puup of the la of 1836, hewerer. the editor of
pie Government journal ; lht is to say the journal the material
of which it owned by the Government. ha been confessedly free
t express his ova opinions, irrespective of those entertained by
the administration; that is to say, the executive and tne paper
have not been in rapport more than came from an accidental
concurrence of views."
That freedom M to express (our own) opinions,"
4tc., we still enjoy ; and for the truth of it we re
fer to our comments on the Ministerial Reports of
this year. That the Adtertiser's ignorance or fr
getfalness may be owing to ojd associations of by
gone days, and a defunct administration is possible
and probble,for it is on record in our office that in
those days the Cabinet wrote many if not must of
the leading articles for the Polynesian, but since
we hftd the honor of being called to the director
ship of the Government Press, that species of in
tellectual tutelage has not been attempted. -
Next, we object to the Advertiser's manner of
jumbling together all sort of quotations and palm
ing them off as ours. We merely note it as a trick
of the trade, but it is a low one.
Our neighbor does not own up to the personality
of last week. That, of course, since it does not
know the difference between personality and satire.
If it will compare its articles of last week and of
this, it may be enlightened on that point.
It (the P. C. Advertiser) next takes issue with
us " that the duty of the Minister is simply to
make a collection of suggested receipts and expend
itures." As we never said that the Minister's
duty simply consisted in this, we decline the issue.
The Advertiser has been dreaming again, and, as
usual, mistakes its owrr senseless muttering for
the voices of those around it. But we did say
that a Ministerial Budget in this country " served
no other purpose than that of an index to the Fi
nance Committeo of the llouse of Representa
tives." Are the writers in the Advertiser so ig
norant of the parliamentary working in this coun
try, as not to know that almost every Representa
tive comes up to the Legislature with a budget of
his own in his pocket, of local wants an 1 local
suggestions ; not out of any disrespect to the Min
ister's estimates, but simply from that primary
defect in our political structure the want of mu
nicipal institutions. The aggregate of these coun
try budgets sometimes fall not much .'. 't of
$100,000. Both these and the other ar si nple
expressions of the wants of the country. P .t as
these wants invariably exceed the annual income.
they are both referred to the Finance Committee
to compromise, to pare down or reject, and it is
their work, their manner of conciliating conflicting
interests and making both ends meet, in short their
appropriation bill, and not that of the Minister,
which is passed upon by the House. How then
can a Minister stand or fall by a budget which is
of necessity obliged to be cut up and done over by
the Finance Committee, in order to accommodate
a large and irregular clement of expenditure, of
which he cannot and does not know a word until
after the opening of the legislative session ?
Report of the Miaialer at" The laferiar.
This Report gives a succinct account of the
transactions of each Bureau under this Department.
The whole receipts for the two years ending !
March 31, 18G0, were $137,071 55. and the ex
penditures, including the Bureau of Public Im- I
provements, were $258,613 10.
The item headed in the Report, The Govern
ment Press," its incomes and outlays, the expedi
ency of its continuation, or the necessity of discon
tinuing it, have already been discussed in advance
and occupied a prominent part in the public jour
nals of the day. The Minister refers himself, to
the report of the Director of the Gov't Press, mark
ed D, which however, neither asserts the expedien
cy no. denies the necessity, but leaves the solution
of those questions to the Minister, who by a provis
ion in the Civil Code is authorized to dispose of the
Government Press, and who has not hitherto
" thought that circumstances have rendered such
a disposal likely to be advantageous to his Majes
ty's Government, all its requirements being taken
into consideration."
" Letters of Naturalization," during the two
years, granted to foreigners, were ICC, against 220
for the two years preceeding 1858. The whole
number naturalized since 1841, is 1,829, and 24
have received letters of Denization.
Of the " Post Office " we learn that it is in a
prosperous condition, and that the fear entertain
ed in certain quarters that the imposition of a
charge for postage would put a stop to the corres
pondence heretofore carried on between native Ha-
waiians, is now proved to have been ungrounded."
Of the " Land Office" we are told that 21,134.09
acres of land have been sold, which realized $9,-
994 53, against 31.1G4-07 acres reported sold in
1858, for $21,483 48.
In regard to that office the Minister remarks:
A rents have been appointed to take charge of the Government
lands on Hawaii, and in consequeuce certain proceeds have been
received from properties which formerly were useless so far as
the public revenue was concerned. The ystem is new, but I
see reasons tor hoping mat u win continue io prove a neneni in a
pecuniary sense. Sly general system of disposine; of the Gov
eminent lands has been to leate rather than sell large tracts.
By that arrangement a permanent revenue is secured to the
Government, and in this country, where capital is not abundant,
the interests of agriculture are fostered, the lessee retaining his
funds for the improvement of the soil, and other necessary uses.
In cases however in which the larger portion of particular l.inds
have been already disposed of, ami only small parcels left to the
Government, I prefer absolute SHles to the leasing of such small
properties. Tou will not fail to observe that whereas during the
two years included in my lait Uewrt, the receipts from the sale
of real estate amounted to S'21,4( 48, the sum received from the
same source during the two years now reported on is only
$K.y94 6H. But whereas during the former period the rents
amounted to (11,43 W, they have during the two years em
braced in this Report reached the sum of $15.152 1-4, and during
the next two years will return f JO, 15-1 on, without calculating
the proceeds of new leases, of which nevertheless it may be said
with certainty that there will be several.
And also, that:
To prevent future complications and for the convenience of
the public at large, I would strongly recommend an appropria
tion of say $850 for the printing and binding of an Alphabetical
Index of all the awards made by the Land Commission.
The number of Land Commission Awards not yet delivered it
474.
The number of Royal Patent ready for delivery is 644, and
the amount due on which is 9,501 49.
Under the head of" Public Improvements," the
Minister refers to the transactions of the term as
detailed in the reports to him of the Superintendent
of Public works, and the load Supervisor of Oahu.
We note the following suggestions :
Furthermore, I beg to call your attention to an alteration in
the form of the appropriations for roads and bridges, it being of
such a nature as 1 think would add to the efficiency of that Bu
reau of my Department. I would then suggest that the appro
priation for each island, or for the islands under each Governor
ship, be made in a general instead of specific way, the sum not
withstanding being regulated by the reports of the Road Super
Tisors, which I may have from time to time the honor of laying
before you. By this arrangement the excess of one appropria
tion could be made available for the supply of the deficiency of
another, and the object of the Legislature more promptly carried
into effect.
Upon thi.t general subject I hare one further suggestion to
make, and it is to this effect that under the directions of the
Minister of the Interior it should be competent, by a provision
of law, for the several sheriffs or jailors to detail any necessary
number of the prisoners under their charge to work upon roads
and bridges situated in places to which the Road Supervisor,
being restricted by law, cannot call those persons who work nut
their road tax. There are several places where such labor is
necessary, but there being no villages, or even solitary houses,
within the limited distance of five miles, the Road Supervitor
cannot muster any people to do his behest-
In regard to a new set of water-pipes for Hono
lulu, the Minister says :
In accordance with the provisions nf an Act to provide a fur
ther supply of water for the city of Honolulu, I have negotiated
a loan for the sum of $ jO,u.0 as being sufficient for the purchase
of the pipes; and I have sent an order for the casting of the
pipes in Glasgow, and the same tc be forwarded here without
loss of time.
The Minister's views about the dredging of the
Honolulu harbor and deepening the entrance to it,
contain much practical good sense, seeing that the
means at the disposal of the government will not
permit of the two being carried on together. He
says :
Since your tart session, the dredging or the Honolulu harbor
has been steadily carried on, and the material dug oat used for
further filling in the Waikahalulu water lota, on which latter
place there is now such a considerable area as will probably sat
isfy all tys demand of com invert in that neighborhood for sooae
time to come. It is therefore my intention only to fill in a small
portion more or the water tot in question ; and I should there
fore propose that as soon as the work ha been completed to a
line from the end of Ike present retaining wall to the beach, to
begin deepemng the entraoee of the harbor. To carry out this
purpose ir will be necessary to make some alteiations in the
machinery of the present dredge boat, and to procure another
hull la which to place the machinery. The money necessary to
effect these changes will not be considerable ; and I shall have
the honor to lay before yoo at an early day estimate of the
probabie expense.
The Minister's remarks upon the itin of Licenses
are well worthy of the most serious consideration.
Speaking of the Auctioneers he says :
Tli ehanire of avstein established bv the Civil Code in the li
censing of public auctioneers does not appear to me, upon trial,
tn h.vp warkrd to the benefit of the nublic. The number of auc
tion licenses for the island of Oahu is limited to three. One of
these I thought proper to grant to a reiideot of those parts of
the island most remote rrom Honolulu, In order to save persons
living Tar from the metropolis from the Inconvenience and extra
exuense of travelling, or engaging an auctioneer to travel a
great many mile whenever tliey had occasion to d:oe of
property, including real estate (wnicn cannot oe carneu to
market.") br nublic vendue. The remaining two licenses were
granted for the principal place of business, and the holders of
them enjoy a monopoly; lint whtreas tiiey nsed tormeny io pay
one thousand dollars each for that monopoly, they have since
the enactment of the new system thought proper to charge the
(tovernmrnt percentage, which stands in the place of the above
specified sua;, to those who necessarily employ their services.
Therefore it appears to me, and it has been frequently repre
scnted Io me, that in practice they enjoy their monopoly without
paying for it ; consequently, I would suggest that Uus matter
also be taken into your consideration. '
We are free to confess that we do not see any
valid reason why the government should limit the
number of those, who may wish to folio -v the occu
pation of an auctioneer, any more than that of
those who choose any other lawful means of a liv
ing. But if the number be increased or unlimited,
we think it perfectly proper that the government
should exact a stricter bond, while the license is
paid br a per centage on the sales, not only that
the auctioneer should render unto Cesar what is
Cesar's, but also unto the plebt what belongs to
the piths. We copy entire what is said in the Re
port about granting licenses to retail spirits in La
haina. It needs no comment from us. Our views
on the liquor question are well known:
Although hitherto no successful result has come of the frequent
suggestion to your Honorable House that both policy and mor
als demand the granting of licenses to retail spirit In Lahaina,
I feel myself called upon to invite your attention once more
to that subject. No one who has lived in Lahaina for even one
week, and been in a situation to see what was transpiring in
that reputedly quiet town, will deny that spirituous liquor are
obtainable there in some ten In twenty illicit houses, the number
varying with the seasons of the year, the stock being principally
laid in juxt previous to the spring and fall seasons. Any persou
whe has hud an opportunity of observing the quality of the ar
ticles of the kind alluded to, which are sold in other countries in
similarly unlicensed houses, will easily believe that thedrinkables
so disposed of in Lahaina are little better than poisonous drugs,
f.-i the whole traftic is conducted on the gambling system the
;re:.i.-r amount of the profits being set off against the greater
inuuuiof the risk. This is essentially the character of the
business. By a reference to the returns of the Collector General.
of Customs it will appear that for a strictly temperate place, such
as Lahaina has been represented to be, the consumption of spir
its rather large ; and although it has been argued that to li
cet 4C the retail sale of intoxicating drinks would be to admit a
new cuuse of immorality in that town, 1 for one cannot shut my
eyes to facts or believe that the evil would be a new one. The
quality of the drinkables sold has of course a great deal to do
j tli the effect if their sale upon the health of those who use
them, an J if it be true that illicit houses make it a pari of their
!"fm to sell deleterious compounds, il follows that the health
' . consumers would lie benefitted by the establishment of li-
nf ouses, the proprietors having a character to supfwrt,
. arc : flake at risk, and their business carried ou openly under
upervision of the police, I cannot persaude myself thatpub
ii ; iciality ran possibly be fostered by allowing either the laws
A e country to he systematically set at defiance, or an existing
:!- .?e ignored by the IjCgislature and left to flourish upon the
br t, - . possible basis. I would refer in support of my position
to .li. ' Cect of the imposition of a lax on the native hulas or
danc -. it was strongly argued that those amusements should
be entirely prohibited, aud that a license would have no effect in
putting a stop to them, whereas it is perfectly well known now
rhat since the enactment nf the law in regard to them they have
almost ceased to be practised.
Report f she Chief Jsixiicr.
We copy the whole of the opening remarks of
the Chief Justice's Report. They are important,
and deserve to be treated carefully. They are us
follows :
"In my last report I stated that there was one provision which
bad not been introduced into the Code by those to whom was
committed the revision, and which I now regard as worthy of
your serious consideration. I refer to the mode of payment of
the District Justice. Vou are aware that they now receive such
compensation for their services as the Legislature shall from
time to time determine and appropriate. The experience of oth
er countries for a long period has shown that the payment of
magistrates i.f this character may be made by fees of othce, to lie
fixed by law, with perfect safety to a faithful administration of
the law. without imposing any burden on the Government. This
system imposes tlie obligation upon those who cause litigation to
pay the expenses of it Of the expediency nf this change you
are to determine. In other countries it works admirably, and
wo; Id not be discontinued for any other I see no substantial
reason why it may not be equally successful here. I trust you
will regard it as worth the experiment, for should it not prove in
practice so promotive of the public welfare as it does elsewhere,
the present system can be easily resumed. You will bear in
mind that for judicial purposes, the Kingdom is divided into dis
tricts, the boundaries of which are the same as those for taxation.
The appointment of the District Justices is vested in the respec
tive Governors, with the advice of the Justices of the Supreme
Court, and although one only has usually been appointed, the
Governor is authorised to appoint two for each of the districts in
their respective jurisdictions. I submit, therefore, that the only
change necessary to be made will be in the mode of payment.
Instead of an appropriation of a salary, an act may be passed
fixing occurately the fee which each Justice shall receive for
certain prescrilied services.
"The present system of prison discipline continue to operate
favorably, still I trust you will regard it within the range of mat
ters of public interest which should demand your careful consid
eration. It is intimately connected with an effective criminal
jurisprudence. A personal examination of the prison may be
useful in enabling you to suggest improvements.
"By reference to the summary of offenses you will perceive that
those of adultery and fornication continue to demoralise the peo
ple. The law to a very great extent is an exponent of the pub
lic sentiment of all crime and offenses, and when that deals
leniently, as it does with adultery, it creates a popular idea that
it is comparatively of little injury to public morals, while, in point
of fart, it strikes at the very foundation of society. It the sanc
tity of the family relation is not protected, it follows as a neces
sary consequence that virtue in the other relations of life will
not be regarded. An effort is now being mtde by the family
schools to educate the females, so that they may be fitted fur
domestic life. It is the family training which is required, and it
is hoped that this will aid in creating a stronger sentiment of
public virtue The law. too, should come in aid of this great
purpose. The punishment of the crime of adultery should be im
prisonment with hard labor. This provision of law will brand
the crime with infamy, and create a public sentiment which will
tend to prevent it. it is an anomaly in legislation, that while
larceny, to an amount of less than five dollars, shall lie punished
at hard labor for a term not more lhan six months, at the dis
cretion of the-Court, the crime which wounds more deeply the
innocent relations of the parties, as well as poisons the fountain
of domestic life, is punishable by a fine of thirty dollars. Histo
ry shows that when virtue and chastity are not cherished and
protected, the people will deteriorate, not merely in material
comforts, but in the qualities of the race, which tend to their in
crease and their advancement.
"The District AUorneys of Oahu and Maui and the Police Jus
tice of Oahu, recommend some additional provisions against the
offense of drunkenness. The convictions have been less in Oahu
Uian for the two years prior, but on Maui there has been an in
crease. It Is unquestionably an evil of the greatest magnitude,
and requires the most careful legislation It impairs the ener
gies of a people, corrupts their morals and tends decidedly to
their deterioration ; and while it require stringent legislation,
it should be practically judicious, that it may prevent the evil.
The sale of beer, to which the Police Justice of Oahu refers,
should be prohibited ; but if not, I would recommend for your
consideration the propriety of making the law more penal for
the second conviction, with the punishment of imprisonment at
hard labor. I recommend the same provision for the violation
of the law which prohibit the sale to Hawaiian of intoxicating
liquor, much of which is represented as being prisonous, and of
course dangerous to health and life.
While the offenses to which I have adverted do great injury
to the people, still the summary of convictions for all offenses
throughout the Kingdom during the last three years exhibit a
gratifying decrease ; while in 1S57 there were 4,007 convictions,
in 159 there were but 8.2S4, of which 1178 were for drunkenness
and i9 for adultery and foinication, being nearly two-thirds of
the whole number of all offenses. In 1857 the convictions have
bout the same proportion. Jrunkecness is the cause of many
crimes, which are in the list of convictions, so that if that could
be checked this formidable list would rapidly diminish.
The Chief Justice's idea of discontinuing the
appropriation for salaries of District Justices
throughout the country, and paying them " by
fees of office, to be fixed by law," was broadly
foreshadowed in his last Report; and, though it
found but little favor at that time, it now seems
that gome other prominent men have adopted the
same idea and wish the King and the Houses of
the Legislature agreeing to see that beau ideal,
a country Squire, realized on Hawaiian soil.
While we strongly insist that the experience of
other countries should be an ever-present monitor
in our attempts' at progress, be they judicial or
otherwise, yet the experience of our own country,
and the knowledge of its people their character
istics and capabilities are as essentially necessary
to the true and would-be useful Hawaiian Legisla
tor. And that experience, that knowledge amply
show forth that the above plan could not successful
ly be carried out, except in a very few places, if at
all, because the proper material is wanting, le
cause as yet the country is deficient in that intelli
gent, well-bred and independent class of country
gentlemen which furnishes the squires or Justices
of Peace in other countries. ' In a new and
coot i.yially changing country like this, when men
oft r.."iy 4tep wt of the scramble of life and the
-::5li alley dollars, to administer justice to their
f-?i)ow-men, it must be made worth their while
to do; and under such conditions, it may not bo
wrong to say, though it sounds like paradox, that
the cheaper the justice, the poorer its quality: It
is true, we hare not yet seen an estimate of what
those fees would amount to. but we believe ourselves
justified in assuming thut they would not be enough
to maintain an honest judge decently in many if
pot most of the country districts, unless either the
fees were put up so enormously high as to oppress
the poor and defeat the enJs of justice, or else liti
gation and crime increased to an unwished-for and
terrible extent. Besides that the natural working
of this plan here, and at this time, would be an
increase of justices and a decrease of pay for each.
We admit that in some few of the districts the
distance to the nearest salaried judge may some
times be so great as to be tantamount to a denial
of justice; yet, when after many and repeated pro
vocations, the oppressed and the oppressor do finally
stand before him, they have the moral guaranty of
his impartiality in the fact that h has no interest
in the commencement of the suit, no interest in its
issue.' For be it borne in mind that, according to
the new proposed plan, not only are the District
Justices to b-) paid by fees, but the country con
stabulary remain to be paid by a participation in
the fines imposed on conviction.
The plan is only proposed as an experiment, but
we beg permission to say that, in our humble opin
ion, this people have been experimented upon so
much already, politically, financially, judicially,
theologically and rascally, that there can be not the
slightest cause of wonder if they have lost all con
ception of, all hojvo in the stability of things. As
an experiment it is farther objectionable, because
not culled for by the urgent and irremediable de
fects of the existing plan ; jnd finally because the
risk is too great that, between an ill-paid judge
and an unpaid constabulary, the experiment would
only be known to the cost and the sorrow of His
Majesty's subjects.
We have also a remark or two to make upon the
suggestions and opinions set forth by the Chief
Justice upon adultery and fornication. We fully
agree that the law is too lenient with the adulterer
or the adulteress and, so far as we know, it almost
ignores cases of Beduction ; but we leg to differ
about the efficioncy un i applicability of the remedy
proposed in t!t Report. It is argued that the
sanctity of the fauiilyVelation " would be protect
ed were a li avter punishment, imprisonment with
hard labor, imposed on the crime of adult-ry ; and
it is farther thot:ht that such ptovision of law
would brand the crime with infamy and create a
public sentiment trhich would tend to prevent it."
While we honor with our whole heart the motives
of the Chief Justice, we are reluctantly compelled
to remind L'au t!r..t probably his desire to remedy
this cruel and devastating evil was the father of
his thought. For the daily, universal experience
of the country proves that us yet. and until other
means can be mi.de available, with the bulk of the
population, im prisonment with hard labor" is
no cause of i. fa'uy. deprives the felon of no social
immunities 01 advantages, and puts him under no
ban of the punlic sentiment.
That public bentiinent must be appealed to in a
different way than from the prison windows.
The laxity of the domestic relations of this peo
ple is the saddest feature in its social life, but its
causes have been imperfectly understood at the best,
and persistently misunderstood to the last, as want
of sympathy prevented the one or excess of prudery
prompted the other. The old social ideas of a
community of boJies, as well as a community of
goods, are still active and at work under the civil
ized crust of a transition state. The regime of the
last thirty years has certainly not tended much to
weaken those ideas or to render them innocuous in
daily life. We hac multiplied laws and worn out
pulpits, to check the adulterer and " create a pub
lic sentiment " that might awe him into decorum
where laws failed ; and still the crime has flourish
ed, by the aid of the one and in spite of the other.
Why ? Simply because we did not work with the
grain of tlie people, but against it; because we
did not commence with prostitution as an occupa
tion, whether lor hire or for lust, which had no
sanction of ancient times, no sympathy in the
present, but expended our zeal and our thunder on
adultery and fornication, vrhich,as we understand
them, were only social offenses in a few exceptional
cases, and then, death being the only expiation,
the public sympathy went rather with than against
the offender ; because, in short, we did not accom
modate the tenor of our laws to the spirit of the
people, and had more regard for what would be
said of our legislation abroad than for how it would
work at home.
A convict term is a life-long reproach among civ
ilized people, but here, as yet, it is not bo. nor will
a repetition of the inflictio'- nakeitso. We must
seek for other means to bn; nt' he crime of aduftery;
wo must begin in ano! u. direction. It is the
looseness of ideas, the gcntral laxity of the public
sentiment in this respect, vhich have more to do
with producing this crimo tl an positive wickedness
of heart. Id by far the greatest majority of cases
there are no broken hearts, no lacerated feelings,
no wounded honor, no sense of wrong, not even a
suit for damages. And few will gainsay that, were
the country constabulary paid by monthly wages
and deprived of their share in the fines accruing
on conviction, there would be a most remarkable,
though only apparent, falling off in cases of adul
tery. That looseness of the public sentiment is then,
we believe, more an unconscious habit of thought
than a sign of conscious depravity. But a public
sentiment is seldom improved by a prison experi
ence, and national habits of thought, like other
national fashions, change from above and not from
below. While we therefore heartily concur with
the Chief Justice that the crime of adultery
should not be permitted to bo paid for, yet the
brand of infamy is a purely social affair, and an
improved public sentiment is not Lorn on the reef.
It lies with the heads of the people, aided by the
foreign community, to inflict the one and give an
effectual stimulus to the other.
With the Chief Justice's remarks upon drunk
enness we fully agree, so far as they go, though
we respectfully submit that his suggestion falls
far short of the impsratire necessity of the case.
The following is a comparative view of convic
tions for all offenses throughout the Kingdom for
the last five years :
1855 1956 1N57
Adultery and Fornication, .
Assault and Battery,.
Affray,
Aiding Seamen to Desert,..
ltlaphenjy, ...
Breaking Jail,
Bigamy,
I 'rurlty to Animals..................
Contempt nf Court. .
Common Nuisance, ........
Carrying deadly weapons,
Committed under Master and Ser
vant's Act,
Cattle Stealing.
Concealing Stallloo,.........-
Pisturbing the Peace -
Disturbing quiet of the night,..-
Drunkenness,. -
Drinking Awa, ....
Disturbing Religious Worship......
Disorderly Conduct, .. .
Disorderly House, .
Desertion. .. ,. ....
Deserting School,..
Distilling Spirit
Kinbezxlement, ... . .....
Escape, -. ..
Knsnarine Cattle, ... .
Enticing Animal, .
Forgery,
Furious Riding, ....
Furnishing Liquor to Native.
Felonious Branding, . .
Fornication. .. .
Feloniously driving Cattle, ..........
Forsaking School,
Fighting, . ... .. ..........
Gross Cheat, ........
Gambling, ..
Giving Birth to Bastard Children,
House Breaking,
Idolatry, ............
Illicit Cohabitation,-.
Instigating to Hiot,
I aciting to Breach of the Peace,
Keeping Unlicensed Victualling
House, ..
I.i rr-ny, ..
letting Horses on Sunday, -
Lewdness
Libidinous solicitation,
Lasciviousness,
Malicious Injury, - ..
Murder, . .
Manufacturing Intoxicating Drinks
Neglecting to semi Children to
rchool, ....... .... ..........
Polygamy, ....... .........
Perjury, . ......... ....-
Profanity . .
Prrvert iiitf Justice, .............
Petty Larceny,
Receiving Stolen Goods....-..
Riot, -
ilobbery, .- .. . ........
Rescue, -
Seiling Spirits without Licence, .
Selling Awa,. -. .. .
Sabbath Breaking,..........-...
Smuggling -
Selling Intoxicating Drink to Na-
tiVrs, ....... . - ... ....
Selling on Sunday,..
Selling Opium without License..
Trespass,....- .
V a gra ncy ..
Violating Letters. . .. .. ..
Violating Chap. 4i Penal Code,
All other Offenses,
Total, .. ......
7' 63! 643)'
si; ' 2fi
13 501
3
1
I
. j
t
1839
5361 SS9
lAOj . 185
8
sm si
o
4
ll!
l &. V
3,15 3.09O 1,91
Ibi 1-2 Si
!
11,
3;
i
i
15)
i
I
9
I
&
5
13
41
13
5
1
l,7i l7
0
1
2S
507! 215' 829;
1! I
9i 1
.... 2
195! 12-1
an;
ii
45
si
ti
13
HA 170 164.
..-!...-: 6j
33! 3
ir
61
Si
J
li!
4
!
9
1
S
8
II
24
7
I I
120i 167
2 2
20
4
8
11
70 II 31
R.
251
..fl
'
s :
13- 4
.i . ;
UK); 29
4
i;
9'
94
771
2
1
1"
4
5.-
13
13
1
86
8
ID
8
4
9
19
7
14
1
8
as
i 6
. j i -
j zz: zz "i 1
i 9-S, 121: m
I : ! (
14.946 8,932! 4,00; J64; 3,284
PAST JWEKIv.
Bsirk C-4."
We visited this fine bark yestorday, and although not
completely fitii.-heJ, the alterations which have been
made are sufficiently advanced to show the looker-on
what will be the grand result when thpy are consummat
ed This vessel, as we are inf -rmed by CapL Smith,
is of 37 t ns burthen , and is we'd adapted in every re
spect fur a packet between this place and San Francisco.
She is 147 ft in length, 29 J iu breadth and 14 in depth.
Under the supervision of Capt Smith, who.e long ac
quaintance with the trade of these Islands, and the
wants of passengers, renders him the very best judge of
what is necessary for the preservation of the cargo, and
their comfort, Messrs. Burns & - Emmes, shipwrights,
and Mr. C. II lo wers, carpenter, have placed upon the
bark a capacious main deck cabin, 50 feet in length,
extending from the commencement of her former cabin
to just forward of, and taking in the main mast. This
noble cabin is similar to the one, so familiar to all our
residents, which is on the kirk Yankee, and of which a
thorough trial has convinced Capt. S. was the descrip
tion most suitable for the average weather ruling be
tween here and San Francisco, and perfectly adapted
for any tropical route. It has 12 staterooms inside and
2 outside, like the Yankee's, but the staterooms are 6
inch s wider than hers, and the greater width of beam
of the Comet, gives more space between the dining ta
ble Kttees and the stateroom bulk-heads. The state
rooms contain only two berths, and the toilet arrange
ments we guarantee, from what was shown us, will suit
the most fastidious. The I ndies cabin is the same size
as the former cabin, to which there is an easy descent
by a staircase of Hve steps, from the main cabin, and the
entrance is so arranged that it can be rendered strictly
private, if necessiry. All egress to the deck is from the
main cabin, there being two doors aft, on each side of the
entrance to the ladies cabin, and two forward, on each
side of the main mast The ladies cabin is 25 feet in
length, and contains five staterooms and a water closet,
the latter roomy and comfortable. The cabin accommo
dation of the bark , it will be seer, reaches from aft
forward 75 feet in alL A patent ventilator extends to
the ladies cabin, and every stateroom has a patent side
light, under the control of the occupant There is a
fine promenade on deck, over the main cabin, and
for the safety of youngsters, who are generally better
sailors than their mammas and papas, but not so care
ful to guard against a weather roll or a lee lurch, as
their worthy progeuitors, Capt. Smith has provided a
netting under the monkey rail which guards the deck.
The ornamentation of both cabins is of the chastest de
scription, painted as they are in enamel white, the cap
itals to the pilasters bring gilt, and two gilt bands
running round the architrave above them. In short,
every thing has been done which can be done, to render
passengers comfortable, and too much praise cannot be
bestowed on Messrs. Burns & Emmes, Lewers, Gil
liland, and their workmen, who have performed th
work, and it will show the San Francisco mechanics that
Honolulu can turn out as good a job as the golden city.
Success then, say we to the Comet, and " Uncle Jim.
Smith," and may they have that good fortune, which
they have so well bid for, in catering thus nobly to the
comfort of those who are forced to go down upon the
deep in ships. This vessel is advertised to s.iil a week
from t-day, but possibly may not get away until early
in the ensuing week.
Royal SchMl.
On Thursday and Friday the Royal School had its
annual examination previous to the summer vacation.
Deeply impressed aa we are with the absolute necessity
of teaching the rising generation to speak English, and
looking upon it as the salt of this people, as the princi
pal thing which in the Providence of God can arrest their
extinction and make progress available it is a pleasure
to mingle with the scholars cf the Royal School and to
listen to their pertinent questions and intelligent replies,
not only on examination days, but at any other time.
Their proficiency is the best recommendation of their
teachers. Faithfully and effectually Mr. M. O. Beck
with has managed that school for many years, lured
away from the plain and uninviting task of a teacher
by no self-delusion of greater usefulness, no promptings
of ambition, no glittering bait of greater wealth. Hon
or then to him and to those other English teachers,
the truest but the least noisy of this people's benefac
tors. La Li Vp. .
Th iiari'm will be laid ap a few days in order to put
mi soma copper and make scznt other Kttls repairs. 1
Honolulu Engine Co. No. I,-- -
Mechanic Engine Co. No. 2, -
Protection Hook and Ladder Co. .o 1, .
EletiJ m Ike Fire Detrtaaat.
The annual election for Chief, first and second
Assistant Engineers was held at the rooms of the
Hook and Ladder Co. No. 1, in Union Street, on
Monday evening last The Department consists of
8 Member.
-.43 -
139
Chief Engineer R. Giililand was unanimously re
elected Chief for th ensuing year.
Mr. R. Neville was elected First Assistant with but
one Tote dissenting, and '"'
Mr. C. N. Spencer was elected Second Assistant,
with a majority of 44.
After election the Companies partook of refresh
ments, enlivened by speeches and songs, and after
wards forming themselves into a torch-light profes
sion, they proceeded to the Palace, where three
times three cheers were given for His Majesty the
King. Her Majesty the Queen, and the Prince Royal.
ThenCe to the residence of Prince Kamehameha.
who was likewise cheered ; and thence to the
houae of Capt. Snow, an ancient member of the
Fire Department, who was also greeted with a
hearty cheer for auld lang syne. It was a pleasaut
and harmonious gathering, and though we are
proud of our Fire Department, and have unbounded
faith in what they can do, yet we intend it aa no
disparagement to their prowess or will, when we
fervently prar that they may never be put to the
test.
The Ksaatn Rooke.
There was a lively time on the wharf for some-two or
three hours previous to the sailing cf this beautiful ves
sel, on Thursday last. She had a full freight below,
and her commodious deck was crowded with abont 150
to 160 natives, male and female, calabashes, firkins, and
other travelling furniture, incident to Hawaiian voy
agers; and that, with the horses and forgotten small
packages squeezed in at the last moment, together with
the wailing, confusion and clamor of the said passengers
and their multitude of innkamtiias and friends on the
wharf, formed a scene which it has been truly said,saa
only be seen in Hawaii nei. and must be seen to be ap
preciated. There were strong trades blowing, and the
vessel went out of the harbor in easy style with her jib
and bit of her foresail only. When outside, she reefed
her sails and bowled along at a rate which soon carried
her out of sight. If it could have been supposed that
this noble coaster had lost her popularity amongst the
natives, fur a time, an observer the day before yester-j
day, would have come to the conclusion that she bad
fully regained it, from the plaudits of an admiring
crowd of natives, not only at her place f departure, but
at the esplanade, where they thronged in great nun.
bers.
The Way the Pablic Moarv Wear.
After speaking of a " tremendous lot of old vol
umes of public documents, &c, which one day
this week were carted from our office and damped
on the Esplanade, the Adcertiser remarks : "at the
lowest computation the pile must have cost the
public treasury at least 10 000. Is it any wonder
we have a debt of . 123,000 ? "
None at all; seeing that that ' tremendous lot"
had been accumulating during the "masterly inac
tivity" of a preceding Administration and the
economical management of the then foreman of this
office, now publisher of the Advertiser.
Whatever may have been their contents or their
cost we know not ; but we were obliged to clear
them out to keep the office sweet, and those eviden
ces of the good old times' from spontaneous combustion.
Maaaaaeai te Kaaaaalta III
As the subject of erecting a monument to His late
Majesty, Kamehameha III, U again brought forward,
we learn that it was agreed by the Committee, to whom
that matter was referred that in view of the earnestness
with which, in his speech to the Legislature of 184-5 he
recommended a careful consideration of all means to
abate the decrease of his subjects, and his recommend
ations of Hospitals for that purpose in his speeches to
subsequent legislatures, the most appropriate monument
to his memory would be the erection of an Hospital for
natives with his Statue or Bust placed thereon or there
in. SaslWes Deal a.
A young married native woman, by the name of
Holokai, died Thursday night, between the first
and second ringing of the bell. She was apparently
in gvd health a few minutes b fore, and stated to
Mr. Young, one of our policemen, that she had
come irom the house to get some tea. and would then
go home. She is said to have drank some tea at
a Chinese restaurant, and then started home. Ar
rived there, she was taken with violent vomiting,
and died almost immediately. AVe cannot learn
that any physician was called, or that a post-mortem
examination has been held.
Heigaia ( Laxerv ! !
Capt Gardner, l ite of the Kamehameha ll on her
late passage from Johnstone's Llands which occupied
82 days, informs us that after he had eaten his allow
ance of poi, he would take up two empty oyster cans
there wsrre on board and appease his hunger by a stern
look at their interior, after carefully re ading the labels
on the outside. This is a perfect case of " living upon
the substance of things hoped for, and the evidence of
things not seen."
Ealargrsxal.
Messrs. Bishop & Co. have taken away the staircase,
and drawu the entry into their hauking house. Dr.
Hoffman determined not to be out-done, has knocked a
window into a door in order not to be shut off from an
entrance in his rear, for those customers, who are anx
ious to try his Japanese tooth powder, and Bogle's
Hair Dye. No bdy can look the Doctor full in the
face and deny the virtues of the latter.
A eh ae w Irsffsaeas.
Ours and thos of oar reporter are due to Capt
Stone, of the herm. brig Josephine, for the very able
and concise report of the cruise of that brig, which
he, courteously anticipating our Marine" had all
ready drawn up and handed to him on his boarding
the brig, on her arrival. Such Masters as Cpt
Stone will merit the thanks cf the press and public
wherever they may be. The report will be found
under the head of memoranda in our marine column.
fp" H. B. M.'s Commissioner and Consul General.
General Miller, has communicated to the Minister of
Foreign Affairs his intentions, after his return to Hon
olulu, to resume his efforts to promote the erection of a
monument to Captain Cook, sad to propose that it be
erected on Waikiki Plains.
Heaelale Paafcaway Asssaciaiia
Mr. S. T. Alexander of Punahou College wiil de
liver a lecture before the above named association,
this evening. (Saturday.) at the Bethel Chapel, at
7 1-2 o'clock. The public are respectfully invited.
Pals.
Last week we noticed quite an accession of this do
metric product to our market, the Eaama Rooks bring
ing 220 bales and the Liholiho 192 bales from Hawaii