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GAZETTE. HAWAIIAN BOOK AND JOB PRINTING ESTABUSiMBtT TUB "QAOTTK" OFFICE Is now prepared to execata all ordara far mi aii hot niimc. OF KTIKT DKcOtimOX, WITH NEATNESS AND DISPATCH PUBLISHED Every Wednesday Morning, AT $1,110 PBlt AXXUM. Slailest la Foreign Snbssrrlbers srt $7.UU. Office On Queen Street, in the old Custom House. Honolulu, II. I. Printed and peUisaed by J. Moit Suite, it the Government IMotinr Offlc. to whom all tmsine comnnnlcmtioof unit be addrwe4. VOL. V XO. 47.! HONOLULU, WEDNESDAY, DECEMBER 8, 1869. m.00 PER YEAR, 3? 3 JJUSIXES NOTICES. s. . cum. A. s. cuou. CASTLK A: C()KE, IXPOBTERS, GENEEAL KEECHASTS, AND GEKEEAL AGENTS, No. 80 King Street, opprxile the Seamen's Chapel uun rot TLe Kehala Snpar Compc3 , Hawaii, Tbe Haiku Sapar Company, Maai, The Hawaiian arar Mills ManL The Waialua Snrar Plantation. Oahtt, and other Ftipar Planter of Waioli and Cblua, Kauai, The Lotnabai Rice PUntatioo, Kanai, Ir. Jayne's Celebrated Family Medicines, AVbe-lrr k Wilson' Sewing Machines, Tbe Giant Powder Company. The New England Mutual life Insurance Co.. 22 The American Steam Fire-proof Safe Co. flyS IRA KICIIARISO.. 1MP0ETZS & DEAXZE IN BOOTS, SHOES, Pine Clothing, Furnishing Goods, Perfumery, lc, corner of Fort and Merchant Street. Honotala. Also, Agent for the Hawaiian Soap Co. Orden re ceived, and promptly executed. Particular attention paid to the Shipment of Goodl to the ether island -l jS A. C. UUFl'BM. 51. I.. POET PHYSICIAN, AND STOGEON. OBce and Residence Xo. 6i Fort Street, Honolulu, first boae ntafcai of tbe Catholic Church. At borne day and night, when not professionally engaged. IILI.IAGIIA5I Jc CO., MPOBTEES Ic DEALEBS IN HABB Vr ABE, Cutlery, Dry Good, Faints and Oils, and General Kervbandue, No. 93, King Street, Honolulu. lS-lyS rBaXC R0W!t. CODrRET BBOW. imoWaX jc co., IMPOETEES & WHOLESALE DEALEBS In VTinea, Spirit!, Ale, Porter, it. Merchant St., Houololn, r. r. APiVS. 5. G. TILDES. AIAJIS Jfc 1VII.WEU, AUCTION & COMMISSION MEBCHAKTS S?J (lueen Street, Honolulu, II. I. lyt II. IIACKFKL.U A: CO., GENERAL COMMISSION AGENTS. Queen Street, Honolulu, II. I. py ED. HOFFSCHLrlEGER & CO., IMPOETEES & COMMISSION KEECHANTS 41 Honolulu, Oahu, II. I. fljS THEODOIti: C. IIKIdi", IMPOBTEE ft COMMISSION MEECHANT. 1-5 Honolulu, Oahu. II. I. (ly F. A. SCH VEH'.It fc CO., COMMISSION MERCHANTS, SS Honolulu, Oahu, II. I. Ui C. II. LEWEKS. J. 0. DICKSOX. lkaveies &. nicKsorv, IMPOETEES AND DEALEBS IK LUMP EE, And all kind! of Building Material!, Fort Street, Honolulu. 5-lj JOIUV S.McCIKEiV, 5t. !., PHYSICIAN AND SUBGEON, Office in II. L. Chaae'a Kuildiug, Fort Street. Office hours, from Ehtht to Ten a M., and from Three to Fire r. m. Residence on Chaplain Street, between Kuaann and Fort Streeta. Mm ALLEN & CHILLINGWORTH. ICA1VAIIIAE, HAWAII, Will continue the General Merchandise and Shipping business at the above port, where they are prepar ed to furnish the J astir Celebrated Kawaihae Pota toe, and uch other RecruiU aa are required by whaleshfp. at the shortest notice and on the most reasonable term. Firewood alwaya on band. $.15 JO HA T. WATEKHOtSE, IHPOBTEB AND DEALEB IN GENEBAL MEBCHANDISE, S Qaeen Street, Honolulu, II. I. lyS IV. la. GUEKA", GENEBALCOMHISSION AGENT ft BBOKEB Office in Fireproof Buildings on Queen Street, S8 Honolulu, II. I. lyj C. 3. ZrjE.TCEB. H. UlCriELASE. CIIAS. :. SPE.ACEU at CO., GENEBAL COMMISSION MERCHANTS, It) Queen Street. Honolnln, II. I. fljt 5ICCOL.GAA' at joiirvsorv, MERCHANT TAILORS, 10 Fort it-. Honolulu, opposite T. C. Henck'a. lyi C. E. WIEEIA5IS, MANUFACTirBEB, IMPOBTEB ft DEALEB In Furniture of CTery description. Furniture Ware Room on Fort Street, opposite Chaaes Photograph Gallery. Workshop at the old stand on Hotel Street, near Fort. Orders from the other 41 Islands promptly attended to. lyi XT. IlEIVAETT, BOOT AND SHOE MAKES, 41 King Street, next to the Bethel. Honolulu. Pji 51. X. DO.XAEIX, CABINET MAKES AND T7PH0LSTEBEB King Street, Honolnln, opposite Lewis' Cooper Shop. 41 Will buy and sell second-hand Furniture jlji J0H5 TIBIETS. THOS. tOBEXSOX. TIBIIEXH at SOBESSOS, SHIP CARPENTERS & CAULKERS At D. Fotr & Co' Old Stand, ST. Near the Honolulu Iron Works. lyo TTIIEO. II. DATIES, Laii Janox, Gixrj t Co. IMPOBTEB & COMMISSION MERCHANT, xjr aozxr rox TJoyd's and the Lfrerpool Cndenrriters, Britiah and Foreign Marine Insarance Co., and Northern Assurance Company. 3-lyS IIV.HAA UKOTIIEKS, TMPOBTEBS AND WHOLESALE DEALEBS In Fashionable Clothing, Hats. Cape, Boots, Shoes, and erery variety of Gentlemen Furnishing Goods. Snow's Building, Merchant Street, Honolnln. SO-lyi J. S. WALKER. S. C. ilLtJ. walker sc allex, shipping ft commission merchants, Queen Street, Honolulu. II. I. flyS I. Xa. tokbert, DEALEB IN LTJMBEB AND EVERY Kiwn OP BUILDING MATEEIAL. 13 Orrzcz Corner Queen and Fort street. Ij5 IIOEEES at CO., SHIP C HAND LEES AND COMMISSION MERCHANTS, Queen Streernonolulu. Particular attention paid to tbe purchase and sale of Hawaiian Produce. axrxu XT rxisns&lox TO C L Richards a Co, U HaclWJ a Co, C Brewer a Co. C L Bichards a Co, D C Waterman Esq, Castle a Cooke. 2-lyS EWI. JOSES, GROCER AND SHIP CHANDLER, laalialna, Maul. Motj txii Hmilt farnlfbed to Ship on th most 1 fironble terms. cni75G noox Comaiixio Mexchint and General Agent, Importer of Teas and other Chinese and Foreign Goods, Wholes tealer In Hawaiian Produce, and Agent for tbe Pauaaa and Amauulu Sugar Planta tions. Fire-proof &ore on Nunaan Street, below King. Sl-lyS W5I. RYAST, TTONPrEE STOBE CHOICE GEOCEBIES 189 Corner of 3f uoana k Print, Streats, fl2-lj IjUSIlVESS NOTICES. DIE. 1Y5I. SEWCOJIB, DENTIST-Offiee, Cor. Fort & Hotel Street!. narlng taken tbe office of Dr. Smith, offers bis aerrice to the public in every department of the Dental Art. 43 at. C. CniLLAHEL. S. A. I LUKE. CIIALEA5IEL. at CO.. IMPOETEES AND DEALERS IN WINES, Spirits, Ales. 1c . So. t. Nuuauu Street, opposite Merchant Street. Honolulu. t5-ly5 D, H. HITCHCOCK, SOTAKV I'l'RLIC, 15) nilo, nawaiL lfl , A. S. CEEIIOIO'. WHOLESALE AND BETAIL DEALEB In Merchandise. Fire-proof Store, corner of Queen and Kaahuuianu Street. Betail Establishments, on Xuuanu Street, and on the corner of Fort and Hotel Street. 14-lyS Eiaxix rice. a. a. t. caitiz. C. BREWER at CO., SHTPPINO AND COMMISSION MERCHANTS, HONOLULU, II. I. AGKXTS tf the Boston and Honolulu Packet Line. AGKXTS For the Maker, Wallnku and liana Plantations. AGENT'S For the Purcliaae; and Sale of Island Produce. MyS B. r. EHLERS. A. JAEGER. is. f. ei(ei:r at co.. DEALEBS IN DBY GOODS AND GENEBAL MEBCHANDISE, Fire-proof Store on Fort Street, abore Odd Fellows HalL -ly E. A. SCIIAEFER, AGENT for tile BREMEX BOARD of UNDERW BITEI1S. Agent for the Dresden Board of Underwriters, Agent for the Vienna Board of Underwriters. I-S IJ C. S. IIARTOW. AUCTIONEER, Salesroom on Queen Street, oae door from Kaahu manu Street. 17-ly5 51. S. GItIMt.Vi;.tI at CO., IMPOETEES AND WHOLESALE DEALEBS In Fashionable Clothing. Hat,, Caps. Boots, Shoes, and erery rariety of Gentlemen's superior Furnish ing Goods. Store In MaVee'l Block, Queen Street, Honolnln, II. I. 10-lyS AFO.-VG at AOIU'CK. Importers. Wholesale and Retail Dealers In General Merchandise and China Goods. In tbe Fire-proof Store on Xuuanu Street, under the Public Hall. 4S-ly JOIIA II. PATT, Notary Public and Commissioner of Deeds For tbe State of California. Office at tbe Bank of Bishop a Co., Kaabumanu Street, Honolnln. 21?5 II. A. WIMEJIAJfX, NOTARY PUBLIC,' 6 J Office at the Interior Department. G. W A'ORTO., COOPER AND GATJGER, At the Kev Stand on tie Eiplanade. lie is prepared to attend to all work in bii line j at tbe Shop next to the Custom House, where he can be found at all working bonrc He baa on baud 1 and for sale. Oil Cks and Barrels of different tliea, new and old, which be will sell at tbe rerj Lowest Market Hate. All work dons tn a thorough manner and warranted to gie aatisfaction. All kinds of Coopering Materials and Tools for sale. 1-Cm j f. ii. fc c si:gelkk, j TIB", ZINC AND COPPER SMITHS, j JUTD SHEET IRON W0KKERS, t Nauanu Street, between Merchant & Qaeen. Hate constantly on hand, Stove. Pipe, Gal- 1 Tanixed Iron Pipe, Plain and lloae Bibbs, j Stop-cocks, India Robber Hose bet3-pljr( , i(q lengths of 25 and 50 feet, with coupling land Dire com Diet e. Uatb-Tubs. and also a Terj large stock of Tinware of erery description. Particular attention pren to Ship-Work. Orders from tbe other Island- will be carefolly attended to. 1 Tbankial to tbe Citizens or Ilonolnla and tne Islands generally for thtir liberal patronage in the I past, we hope by strict attention to business to merit the same for the future. 37-lj5 i JAJIIaS I. LEWIS. j COOPEE AND GAUGEE, i At the Old Stand, comer King & Bethel SU. A Larg Stock of Oil Shoot i and all kinds of Coop ering Material) constantly an hand. He hopes by attention to business to merit a continnaaeeof tbe patrvnage which he has heretofore enjoyed, and for which he now returns his thanks. I -Cm 1 a. ii. tiio:iiiso:y, GENEEAL BLACKSMITH,. Queen Street, Honolnln, Has constant on hand and for sale at tbe Lowest Market I"rices. a good assortment of tbe Best Refined 1 Ear Iron, and tbe Beat Blacksmith's CoaL IS-lji o. sorr. SAH'L 50TT. I JOII 3iOXT Ac CO., COPPEE TIN SMITHS, 1 Eaahttmann St, one door abore Flitaer-, j Beg leare to Inform the public that tber are pre , pared to furnish all kinds of Copper Work, such as Stills. Strike Pans. Sorrhnm Pans. Worms. PnmDa. ! etc Also on hand, a full assortment of Tin Ware, which we offer for sale at the Lowest Market Prices. All kinds of Repairing done with Neatness and Dispatch. Orders from the other Islands will meet with prompt attention. l-3m GEORGE lVILLIAJriS, LICENSED SHIPPING AGENT, Office on James Bobinson & Co'i Wharf, Continues tbe business on hi old plan of settling with officers and seanivn Immediately on tbelr ship ping at his offic. Having no direct or Indirect con nection with any outfitting establishment, and allow ing no debts to be collected In his office, h hopes to gire as good satisfaction In tbe future as he has In the past. l-3m R. KYCKOFr, HOUSE AND SHIP PLUMB EE, King- Street, next to the Seamen's- BtheL 1 Has on band. Bath-Tabs, Water-CIosets. Wasb-Ba-alns. Force and Lift Pumps, Lead and Galranixed ! Iron Pipes, and Plumber's Draas-works. IVing tbe i only Plumber in tbecity, be will execute all orders en- trusted to him In a workmanlike manner. l-0m DICKSON As BOLSTER. ! House, Sign & Ship Painters, ; King Street, near Nananu. i Graining. Marbling, Gilding, Calsominlng. jrtA Pa per-ban gin Ac, Ac, executed on the ' QakmJIB'horteat notice, and on the most reasonable terms. 12-Cm PIANOSTUNED. PIANOS and other Musical I Instmments Tuned and Reralred. bT CHARLES DERBY, at the Hawaiian Theatre, Lessons given on the Piano tfc Guitar he best of reference given. 51-ly5 31. BEN FIELD, WAGOff AKD CARRIAGE BUILDER, TO King Street. Honolulu Ketairinr. dons with care and neatness. Also, parties lu- attention riven to Black- I mi thing and liars- hoeing. Orders from the other i lianas promptly executed. ifMy POREIGN NOTICES. II. JT. DORSEY, COMMISSION MEECHANT AND INSTOAHCE AGENT, 41 and 42 3Ierchant's Exrhatice, CalUornia Street, aoj san mnewco, cal. ly XXTLXXACU Mensra. Brown k Co ...San rrancisco. Slevrs. C. Adolphe Low k Co San Francbco. Mesrs. Holladsy k Brenham .San Francisco. )!eesr.II. IlackreldACo Honolulu. , LXOX K. MCTEKf. 'JXMX5 5. ILOCX, j LEOtH R. 5IE-ERS t CO., I IMPOETEES AND HANUFACTTOESS OF t ITALIAN & AMERICAN MARBLES, J Mantels. Grates, Monuments. Ileadtones, Tombs, Wash.tand, Bureau and Counter Tops, Billiard Beds, x ire lines. naier. ar-. dc V3u ?larket Street, op- l wi , vuiuis, mb tiDcuro, tau lty. . w. siTlaAXcE. C X. C1AXC SEVERANCE, CLARK & CO.. COMMISSION MERCHANTS AND SHIPPING AGENTS, 405 Front St, corner of Clay, San Francisco. We will attend to the sale of Sugar and all kinds of Island Produce, also to the purchasing and f.r- waruing oi jiercnanoise. lain Adsances made on umstgnment. 11.6uc JOUtr M CK4.EK3, Portland. 3. C HEKXXLJ. S. T. CaL M'CRAKEU, MERRILL & CO., FOBWABDING AND COMMISSION MERCHANTS, Portland, Oregon Having bffii nzrel to oar present Irjtnf for upmard- of tweUe jcarn, &ni Mng loratfd In m Kir proof Brlf k EalMInfr. prepared to rrcvfre and dUpofef Island SUplw. inch a i?Cjrr, Sjrnp. Rlcts, Pulo Coffe. ttcr to ftdrmntau. Contixnmrnt e- pecuil solicited for tbe Uregoa Market, t wbkb peronal attention will W paid, and npon which cash -uiTances will ce made wuen reqaired. Charier W Brcoki .....San Franclfco J 7 MerriU a Co " Fred Iken Badger k Undeoberger.. James Patrick t Co Wm T Cotemao t Co fterens. Hiker a Co " Allen a Levi , Portland Ladda Tllton... " LeonardaGreen 44 1-1j5 E. r. TAX KIII, COMMISSION MERCHANT, Kauagsira, Jafian, Ilarinc the bet facilities thronsh an intimate con nection witn the.Japanese trade lor the past olght year, is prepared to transact an J business entrusted to bis care, ith dispatch. 17-lj5 b. a. wruiixs, n. r. Buxcnaan, c. a. xoisix, WILLIAMS. BL AN CHARS & CO.. SHIPPING & COMMISSION MERCHANTS, 305 Front Street, San Francisco. Cm LANGLEY, CR0WELL & CO., WHOLESALE DRUGGISTS, 32 Cor. Battery & Clay S ts, San Francisco. 6m AMERICAN EXCHANGE HOTEL, Saniome Street. Sun Frauclscof Extending from Sacramento SU to llalleck Street. HAVING BEEN HKCEXTI.T HEX OTated and newly Furnished, makes It the most quiet, economical and comfortable FAMILY HOTEL in the State. Being centrally located, it of fers every Inducement for Business Men and the Pub lic generally. The Tables will be constantly supplied witb erery luxury tbe matket affords. Tbe American Exchange Coach, with Red Ughts, will be at the Wharves and Depots, to conTey passengers to the Hotel free. 7-ly5 TIMOTHT SARGENT, Pror. INSURANCE NOTICES. SAX FRANCISCO BOABD OF UNDEltWEITERS. rilllE UNDERSIGNED having been JL appointed Agents for tbe San Fransico Board of Underwriters, comprising tbe California Insurance Company, Merchants Mutual Marine InCo.t Poclflc Insurance Company, California Lloyds, and Home Mutual Insurance Company. Beg leare to inform Masters of Vessels and tbe pub lic generally, that all losses of Teasels and Carguet, insnred by either of the aboTe Companies, against perils of the seas and other risks, at or near tbe Sandwich Islands will haTe to be rerified br them. l-3m II. IIACKFE1.D A CO. CAIJFOItaMA INSUEANCE COMPANY. THE UNDERSIGNED. AGENTS of the abore Company, bare been authorized to insure risks on Cargo, Freight and Treas ure, by Coasters, from Hoiiulnln to all ports of the Hawaiian Group, ai.d rice verwu MjS II. HACKFELD A CO. MEKCIIJLJVXS MUTUAL MaAEINE INSURANCE COMPANY Of San Francisco THE UNDERSIGNED having been appointed Agents for the abore Company .are prepared tolsnne Policies on Cargoes, Freights and Treasure WALKER A ALLEN, l-3m Agents, Honolulu. CALIFORNIA DfSUEANCE COMPANY, THE UNDERSIGNED, AGENTS OF tbe abore Company, hare been authorized to insure risks on Cargo, Freight and Treas ure, frum Honolulu to all ports cf the world, and vice rersa. IS-ly n. HACKFELD A CO. HA3in&JRGIIRRE.lIirV FIEE INSURANCE COMPANY. THE UNDERSIGNED having been appointed Agents of the above Company, are prepared to Insure risks against Fire, on Stone and Brick Buildings, and on Merchandise stored therein, on the most favorable terms. For particulars apply at the office of S-Iy& F. A. SCnAEFER A CC. Insurance Notice. THE AGENT FOR THE BRITISH Foreign Marioe Insurance Company, (Limit ed),hasreceiTKdiiutrnctioos to reduce tbe rates of Insurance between Honolnln and Ports In the Pacific, and is now prepared to issue Puliries 'at the Lovxst J&ife, with a special reduction on Freight per team era. THEO. II. DATIFS, 4-tf JfftjUJJriU br. Mar. Int. Co. (Limited) UIPERIAL FIGE IXSURAACE CO. Of London. Established A. S. 1803. CASH CAPITAL, $8,000,000 In GOLD. THE ODERSICXED IIATI.VO txtn appoinlK aeBta of tbe abore Oodpanj for the Hawaiian Island, are prepared to tnsore against Fire oa Brick, Stone and Wooden Bondings, and on Merchandise, on the most tsTorable terma. For particniars, apply at the oSce of 2My WALKER 4 ALLEN. 3IK. J. COSTA, JEWELER AND EKGEAVER. Fort Street opposite 021 Fellows Hall, la prepared toexecntearltb promptness, all srork In his line of business, such aa Watch and Clock repalr tag, Mannfartaring Jesrelrj and Engrarinc. SUGAlt & MOLASSES. 1869 18C9 IS 6 9 iiilo, ir. i. Sujar ii ml IoIiikkph. CROP COMIXO IK AXD FOR SALE IX quantities to suit purchasers, by WALKER Jt ALLEX. l-3m Agents. 0N02IEA PLAUTATIOK. Sn ii r- untl 3IoIaMe Crop COMIXG IX. FOR SALE IX QUAXTI ties to suit purchasers, bj WALKER t ALLEX, l-3m Agents. PKINCEVILLE PLANTATION, Snnr and IoIn-.cs Crop lrJiOO "lOMIXG IX, FOR SALE IX QUAXTI- y lies to suit purchasers, br WALKER 4 ALLEX, l-3m Agents. MAKEE PLANTATION. IVcm- Crop of Susrar at 3IoIaihCf "VfOW COMIXH IX, AXD FOR SALE IX JLN quantities to suit purchasers br C. BREWER Jt CO., 1-3 Agents. WAILUKU PLANTATION. "VTEW CROP XOW COMIXO IX. FOR JLN Sale in quantities to suit purchasers, or u. UKbWtK i CO.. l-3m Agents, DltY GOODS, &C. AT WHOLESALE AXD JR3STAIL! BY CASTLE & COOKE, Consisting in Part of Finest White all Wool 4-4 Flannel, Finest White all Wool and Angola White Flannels, Good Grej and White all Wool Flannels, 10x4 Bleached Sheeting, Thompson's Glove-Fitting Corsets, Amoskeag Denims, Jeans, Brills and Bleached and Unbleached Cottons. A Sup'r ass't of Stationery. Water Lined Xole Paper. White Ruled Xote Paper, White Ruled Laid Leaf, Letter a Bill Paper, White, Buff k Amber Laid Letter a Xote Enrelopes, Parson's Indelible, and Carter's Copying Ink, - Artists' & Book-keepers' Flexible Rulers, .Smith t Wesson's Pistols Cartridges, Hair Girths, Stirrups a Leathers, Spanish Trees, Croupers and Bridles, Oak Belting, Street Brooms, Wood Faucets, Lamp Black, Italian Pnckin I.ace I.catlier, Paints, Oils, &c. White Zinc & Lead, in 1,2 k 25 fi containers, fans and Lhrome Green, Chrome Yellow, Umber, Sienner, Patent Dryer, Vermillion, Prussian Blue, Whiting, Bladders of Putty, Carriage and Coach Varnish, Bright, Copal and Furniture Varnish, iioiied Linseed Uil, turpentine, Mason's Blacking, Coffee Mills, Axe, Pick, Slelge. Ads, Hoe, Oo, Hammer Jt Chisel Handles, Wool Cards, Saddles, Enameled Trunks, Coopers' Tools, Crosers, Honels, and Champering Knives, Carpenter's Planes, Fore, Smooth, Jack & Jointers, Cut Xails.3, 4, 6. 8, 10, 12, 20, 30, 40, 50 and COd, Boat Xails, 1. 1, 11 a 2 inch. Pressed Xails, 2 a 2 inch. Cooper's Rivets, 4, 7 a 8 Bs, Copper Rircts a Burs, J. J, it inch. Gimp Tacks, Iron a CopperTaeks of all sizes. Best Robber nose, i, , 1, 1 a 2 inch, Centrifugal, Varnish, Paint, White-Wash and Scrub Brushes, Cor'd Tin Pails, i, 1, 2, 3, 4. 6. 8, 10 a 12 quarts, Covered Slop Pails, Dippers, Dish and Milk Pans, Jenning's Bits, Soldering Irons, T Hinges, Steels, Hammers, Gauges, Squares, Chisels, Augers, Sieves, Lime Squeeiers, Yard Sticks, Bung Starters, Axes, Shorels, Spades, Oos, Lanterns, Eagle Horse, A and 0 Plows and Points, Paris Plows, extra heavy and strong. Protoxide of Iron, Pain Killer, Poland's White Pine Compound, Fails, Tubs. iJrooms, bte., htc. Dovrncr's Kerosene Oil, From the Boston noose. And Many Other Articles ALL TO BE SOLD LOW. VOLCANO HOUSE, CRATER OF KTLAOEA. HAWAII. i THIS ESTABLISIIJIENT IS JJ I now open for the reception of visitors to -Tr volcano House, who mar rely on fiodinr com fortable rooms, a good table, and prompt attendance. xxpenencea gmae lor me uaier always wn nana. STEAM AD SULPHUR BATHS ! Horses Grained and Stabled if Desired CIIAIIGES REASONABLE. Parties risitins; the Volcano via llilo. can procure animals warranted to make the journey, by D. II. UlTCHOocX, Esq. 37-1 J 5, BARTLETT 'SALOON, Corner Hotel and Fort Streets HUGHES &. DUTCE flavins; tatel j renovated and refurnished tfa PI the above well-known place of entertain- ment. would respectfully infurm the public that tner LKrocrs, r ues, Ales, ac at tnelr itar 3KRa l Supr-f mc Court At CIsninlsera BEPOIIE HABTWZ1X, J., SOT. 17, 1SC9. Cn the IXUUoh of IHrnj Krai, in btuitf of Jpuna, for Writ of Unheal Corptu. The Marshal's return to tbe writ was as follows: "In obedience to within writ, I do brio;; loto this Honorable Court the body of the j within Damn Apnna. Said Apuna was com mitted to my coMody on tbe lilb day of Au gust, A. L)., taw, lij virtue cr a .Minimus, to me directed, from tbe 4tb Judicial Circuit of tbe Hawaiian Islands, in words and figures as ioiiows, 10 wit: " 'Circuit Court of tbe Hanaiian Islands. ! Nawiliwill, Anu'ust Term, A. D., 1S09. To , W. a Parke, Eq., Marshal of tbe Hawaiian Islands, Greeting: Whereas Apnna, (P.,) has I been convicted at the present Term of this Court, of the crime of selling opium without I a license, ana lias tnis day ocen sentenced ny , tbe said Court to pay u tine of Three Hun dred v$30a00) Dollars, nilli costs ol Court, Seventy-seven SO-100 (f 77. bO) Dollars, " 'Therefore, you are hereby commanded to receive the said Apuna Into your custody, and see the abore sentenre dulv executed "'Witness the- Hi.norable'H. A. Widk- Masn, 2d Associate Justice of the Supreme uourt.at aawmwiiLtuis l.'tuday or August, A. D. 1S09. " ' Seal. (Signed.) Duscas McBrtde, Clerk.' "And I do hereby return this writ com plied with, this 8th day of November, A. D. lSfi9. W. C. Pauke, Marshal "And I do hereby make further return, that tbe said Apuna now Is, and has been held to bard labor since tbe commitment to my custody. W. C Pahee, Marshal." The petitioner's traverse to the Marshal's return denies that the Court Lad any authority so to sentence, or that there was any crime by the prisoner committed to authorize or Jus tify the sentence imposed, or tbe Issuing of such mittimus, the same not being Justided by the law under which be was convicted, "ylz.: selling opium without license; denies that tbe said Mittimus Is the process of the Circuit Court of the Fourth Judicial District, as It does not bear teste of said Court ; de nies that the Marshal, under said process, has authority to detain and Imprison said Apuna at hard labor, or In any other manner, as he is commanded to execute the sentence, and imprisonment, or Imprisonment at hard labor, forms no part of tbe sentence nor of the command in said mittimus; denies that the Marshal has, under said writ, or by au thority of any law of this Kingdom, power to execute a sentence In any manner for fine with costs; denies that the Marshal has au thority to execute a sentence for fine, or fine and costs, at bard labor, unless such sentence Is so pronounced by the Court, and recorded in tbe mittimus. Peg Curiam: Tbe Constitution provides that "Tbe privilege of the writ of Habeas Corpus belougs to all men, and shall not be suspended, unless by the King, when, tn cases of rebellion or Invasion, tbe public safety may require it;" that "no person shall be subject to punishment for any ofTense, except on due and legal conviction tbereor In a court having jurisdiction of the case;" that "no person shall be deprived ol life, liberty, or property, without due process of law;" that "every person has tbe right to be secure from all unreasonable searches and seizures of- bis person," itc; that "each member of society has a right to be pro tected by it, In the enjoyment of bis life, liberty, and property, according to law." 'Articles 5, 6, 9, 12, and 14. Tbe Statute gives Justices of this Court, in Chambers, jurisdiction "to issue writs of habeas corpus, for Inquiring Into tbe cause of any alleged unlawful imprisonment or restraint." Sec. 855 Civ. Code. What Is this Vrit of Habeas Corpus? In many of tbe United States, there are statutes defining Its nature and force, but they are all essentially alike, and are all In substance tbe same with the English statute of 31 Car. II. It Is unnecessary to refer to tbe different Writs of Habeas Corpus ad ttsSificandum, ad tatisfaciaidum, etc.,wblch are so named to denote tte purpose lor which they were issued. Tbe writ always Intended, if not otherwise described, Is the writ uil tuljiclm dum it recipiendum, which was designed to release persons from illegal confinement. The writ was known In English law long anterior to Miosa CnAitTA, which secured tbe acknowledgment of common rights as follows: 39. "Nnllus liber homo caplatur, vel Im prlsonetur ant dissalslatur aol utlagetnr, ant oliquo raodo destruatur; nec snper cum ibimns, nec super enm mlttemns, nisi per legale judicium parimn Buorum, Tel per legem terre." 40. "Xnlli rendemus, null! negabimus, aut difiereraus, rectum sat Justltiam." 39. "No freeman shall be taken or impris oned, or dispossessed, or outlawed or ban ished, or In any manner destroyed ; nor will we convict or sentence him, except by lawful jndement of his peers, or tbe law of the land." 40. "To none will we sell, to none will we deny or postpone, right or justice." Lord Chatham, In speaking of these words In tbe House of Peers, used this memorable language: "They (your ancestors,) did not say, these are tbe rigbts'of the great barons, or these are tbe rights of tbe great prelates. No, my lords: tbey said, In the simple Latin of tbe times, Jt'ullu liber homo, and provided as carefully for the meanest subject asfortbe greatest. These are uncouth words, and sound but poorly in the ears of scholars; neither are tbey addressed to the criticism of scholars, but to the hearts of freemen. These three words, SuUut'liber homo, bare a mean ing which Interests us all; they deserve to be remembered, tbey deserve to be Inculcated in. our minds, they art vorth all the Clastic." Alter tbe Charter of Runnymede, the Pe tition of Right and tbe BUI of Rights were secured, and the three together form " The JSSbU of the English Constitution." In 1673, tbe Habeas Corpus Act of 31 Car. II, was passed. Tbe Act of 56 Geo. Ill, extended tbe power of the writ, and enabled tbe judge before whom the writ is returned, to Inquire Into the truth of tbe facts alleged therein. It is common to speak of tbe privileges tbns secured, butno sound jurist or tbinker ercr admitted that these privileges were anything but common rights under the lavof England. The rights of persons in tbls Kingdom, un der writs of Habeas Corpus, are, In my opinion, as fully secured by Constitutional and Statutory provisions, as if thctamoos English guaranties and enactments, with merely Terbal alterations, were spread upon our statute books. The Writ of Habeas Cor pus enjoyed here is tbe same, in substance, with tbe original writ, as secured and vivified by the English Acts, Bills and Charters. Anything less than this wonld make tbe pro visions therefor In our Constitution and Stat utes hollow and meaningless, and would be contrary to sound rules of legal constiuctlon. I mustr therefore, be guided by these lights, and by the decisions of English and Ameri can Courts, concerning tbe law of Habeas Corpus; and I think the practice of this Court has never been opposed to this view. By the Act of 31, Car. 3, persons commit ed or detained for any crime but treason or felony (If they are not persons convicts or la execution by legal process) have a right to be brought before the Court on Habeas Cor pus, and tbe Court wltbtn two days must discharge the prisoner, "unless It shall ap pear that he Is detained upon alesal process, order or warrant out of some Court that bath jurisdiction." Tbe true rule to be gathered from the authorities Is, that tbe function or this writ does not supersede the functions of Writs or Error and Certiorari, Bills of Exceptions and Appeals. The al leged errors of a trial should be reconsidered only by tbe appellate Conrl authorized by law to review them. No power is given, and perhaps none exists, to review tbe de cision of a Judge discharging a prisoner on Habeas Corpus. Hence the necessity of ex ercising jurisdiction in such cases with dis cretion, and according to established prin ciples, Tbe Court will rarely use the Writ of Habeas Corpus to effect a reversal of judgment reudered by a Court of competent jurisdiction, tbe mittimus showing a prima facte legal conviction. Tbo officer's return, or tbe record brought up on certiorari, ought to show these legal requirements. If the process Is merely voidable, and not actually Told, It Is regarded as good authority lor the confinement of tbe prisoner, until tbe Judg ment shall be reversed by the appellate Court. Tbe petitioner's pica to the officer's return, neither. In legal intendment, traverses, nor confesses and avoids the facts alleged; but it is a demurrer to tbe legality of the Impris onment. It U claimed that the imprison ment, either at bard labor or otherwise, is illegal. 1. Because the mltllmns Is not duly au thenticated as tbe process of the Court. 2. Because tbe law does not authorize the Imposing of costs as part of tbe sentence. 3. Because the mittimus does not order the Marshal to imprison at hard labor or otherwise. 4. Because the law gives tbe Marshal no discretion or authority to imprison at bard labor, or otherwise. The first objectton has no force, and was in fact not Insisted upon. No Statute re quires tbe process to bear teste of tbe presid ing justice; the seal of the Court witb the official signature of tbe clerk and the signa ture of the justice of the Court who In fact presided, are sufficient. The Statute penalty for this offence Is a fine not exceeding five hundred dol lars, or imprisonment at hard labor for a term not exceeding six months. A "fine of $300, with $77 costs of Court," Is a sentence within this Statute. If the mittimus should command tbe Marshal to imprison until tbe payment of an extreme fine ofv $500 and $77 costs, the Statutes perhaps might sanction such, order. The provision for the discharge of a poor convict at the end of one year, if he is unable to pay the "fine, or fine and costs only, or cither of them," for which be "shall bojrc been im prisoned," wonld seem to imply the power to adjudge payment of costs. (Sec 2, Ch. 51, Comp. Penal Code.) So does Sec. 5, lb., which makes the officer liable if be allows the escape of any person- undergoing "sen tence of Court, for payment of any sum as a fine, forfeiture or costs." On the other band, Sections G and 7 lb., provide for exe cution to issue on the convict's property, for costs, and that If they are not paid by bim or out of bis property, tbey "shall be paid ont of the Treasury of the Kingdom. I will not, however, volunteer an opinion on facts not before me; if such a case should arise, it would properly be reviewable on error to the foil Court. By section 2 of the same chapter of tbe Penal Code, "when a fine Is not paid Immediately following the offender's conviction, ho shall be committed to prison, there to remain at bard labor, or otherwise, in tbe discretion of tbe Court or magistrate, until such fine is paid, or col lected out of the offender's property." It may be inferred from this mittimus that tbe fine was not paid; but Imprisonment at hard labor can not be inferred. Nothing can be presumed against tbe liberty of tbe person. The discretionary power of tbe Court to com mit tbe offender to prison, "there to remain at hard labor, or otherwise," was not exer cised In this Instance, and It Is not a power which can be delegated to another. Tbe power to pronounce tbe entire sentence, or to try tbe prisoner, may as well be delegated. Tbe authority of tbe Marshal to bold this prisoner as he is doing, is not under this mittimus. Is it under the general law ? The Civil Code provides : "When any per son shall be sentenced to pay a fine, and to be, Imprisoned until such fine Is paid, tbe time of his Imprisonment shall be deemed to discbarge bis fine, at tbe rate of twenty-fire cents a day." Sec. 22.. "Every person who shall be fined for a violation of any pro vision of tbe revenue laws shall, In ease he rail to pay such fine, be imprisoned at hard labor until such fine be paid or remitted, or until be shall have earned s sum equivalent to such fine." Sec. CS5. It is enough to say of these statutes that this case comes under neither of them. This is not a case of violation ol rerenne laws. A sentence of fine and Imprisonment Is expressly provided for in tbe former section, and no power is there given for tbe Courts to extend a sen tence beyond the penalty affixed by law for each particular offense, nor for tbe Marshal to execute a sentence never pronounced. By Sec. 206 of the Civil Code, tbe Minister of tbe Interior, with -the approval of tbe King, in Cabinet" Council, "may prescribe roles and regulations for tbe government and dis cipline" of prisoners. It wag suggested that tbe prison rules authorized the Marshal to Imprison Apnna at'hard labor; bat tbe sng- gestion was withdrawn on sabscquent exam ination or tbe rules themselves. In regard to this portion of tbe argument, In which It was urged upon the Court that Judicial knowledge must be taken of tbe existence and nature of such rules, I feel bound to say that I am aware of Constitutional provision which make void any rules going to tbe ex tent sncgested. The discipline of convicts docs not inclnde the power to attach penal ties not prescribed by Statute, and Imposed by the Court. It Is a right of every accused person to knowbeforeband,wbat penalty may be Imposed by law for t be crime charged. It Is tbe right of a person convicted of crime to be Informed, In open court, of tbe sentence Imposed. The statutory power to restrain and govern prisoners has been exercised, however, only within Its proper legal limits. I find no anthorlty, therefore, for tbe Mar shal to execute a sentence of Imprisonment at bard labor In tbls case. Nor have I any power to remand tbe prisoner. In order that such a sentence may be Imposed, If deemed proper. The petitioner's counsel argued that a sen tence of Imprisonment could not have been passed which should exceed, the llmltoCalx months, or which, by force of other Statutes, should -work Imprisonment exceeding six months. The question Is not properly before me now, but It should be carefully considered by magistrates, In like cases, In determining what sentence to Impose. Let an order be made discharging the prisoner. It 1L Stanley for petitioner. Attorney-General S. II. Phillips for the Marshal. Siilitiuiintlcm. The Sanborn Patent Safe Is a late inven tion wblch claims, by the Introduction of water within Its walls, to render secure against fire all papers, books, etc., that may be placed therein. One of these Safes wo have seen In a counting-room of one of our merchants, and we hear that preference was given to It, over every other kind of safe, by the agent who was charged to send out tho very best article made. Its peculiarity consists In Us having cop per vessels, tilled with water, placed in a lin ing between the Inner wall and tbe book case. Fusible solder seals these vessels, and, when subjected to a fire, tbe solder melts prior to the boiling of tbe water. The beat "fills tbe various chambers containing tho water with steam ; tbls steam, as It becomes dense, meets the caloric coming In from the safe's sides, expands, and pastes out at the cracks about tho door. We notice that a trial, In San Francisco, was made of several safes, of which the Chronicle thus speaks: "Yesterday was what may be termed a warm day for at least three safes in this city. At a quarter to 6 o'clock, yesterday morn Inir. three safes were surrounded with wood and the match nf the Incendiary applied. Tbe safes in tbe flames were of tbe following msKe: liuon cc .iicrananu, notion; o. iil tredce. San Frauclsco. and tbe Sanborn Pa tent Steam Safe, of New York. Tbe safes met with the following results: At 11 o'clock, tbe Kittredge safe began to show signs of inward destruction. Smoke was seen issuing from the cracks about tbo door, and it was evident that Its contents were being con sumed. No more wood was, therefore, plied around this safe. The Tilton rfc MrFarland safe was the next to show signs of Inward decay. At noon, smoke was plainly risible, issnlnc from its crevices. It was allowed to keep Its place in the flames with the Sanborn safe till 2 o'clock, when tbe hose was brought tn play upon the burning mass, and the fire extinguished. "Tbe work of opening the safes was ac complished as soon as circumstances would permit. The first safe opened was the Kit tredge. Its contents presented the appear ance of a black mass of cinders and ashes. Next, the door of the Tilton A MrFarland safe was burst open, and its interior presented a similar appaerance to its predecessor. Tbe Sunford Patent Steam Sale was now pried open, ana us interior presenteu quite a con trast to those of tbe other two. Books and cards wctc drawn" forth uninjured. The car pet on its floor was unsinged, and its entire wood-work was In as complete a state of preservation as If It had been-stowed away In a storehouse, and not subjected to an eight hour furnace. "The scene of this trial test was witnessed throughout the day by hundreds of onr citi zens. The extreme beat prevented many from ventnrlng near the burning mass. As tbe time for opening the safes drew nigh tbe crowd Increased, and Immediately after the bnsrtlniropeu of tbe first door a general rush was made to see the resnlt. A couple of po licemen who were present were utterly un able to stem tbe crowd of rnrions ones. Some came down tbe Inclined Diane on tbe nrrow board pathway, while others tumbled over the embankment. Tbe general reeling of the crowd, as tbey stood amid tbe water and ashes view Ing tbe ssfes, was well ex pressed ny a country gentlemsn who stood with eyes open viewing the debris and ex claimed : " That 'ere safe Is a buster." General McMadox ahd the Paraquat. ah Imbkoglio. A dispatch dated Washing ton, November 5th, says: "General McMa bon was before the House Sob-Committee on Foreign Affairs yceterdsr and rare his story of the causes of th Parairnayan war. lie saia it was lnsuiuiea oy lira II I to extend monarchy and slavery. He himself was well treated by Lopez, who was favorably dis posed toward tbe United States. The Rllaa and Mastetman difficulty bad been settled neiore ne arnrea in raraeusy. iastermao was an English subject, and be would not. bare felt at liberty to interfere In his case. His conduct as Minister bad been Indorsed by tbe State Deparment, The most remarkable railroad in Oermanr and Europe is the new BIsek Forest Road. III V- t.i m ' wuica win ue cuiapicieu wuoin lour years. Between Hornberzh and St. Oeortre. aitnated 2.870 feet abore tbe lerel of tbe sea, sad bet four miles distant from Horobergk, the rail road ascends nearly 2,000 feet, and passes through 27,000 feet of tunnels. Eleven thou sand feet of tbe latter bar been completed during the last two years. Tbe.truly Cyclo pean work on tho road br progressing rapidly, and attracting thousands of rliitors. who fioek together from all parts of Southern Germany and Switzerland. Mavesxal photographs bar become on it. fashionable at Paris lately. In windows, where such things are exhibited, may be seta, at Ibis time, portraits of the Date-bastes of Madrid and de Mouchr. and tbe JiarekIoae of Oalliffet, each one with a babe on herkneei. The most enterprising photograpbsri keep a wavj vh uanuaa s pars oi toeir see-aery. i.vst stujuvflcn juis nest, BM JISSM by the author of "Tbe Girl He Married," "Strings of Barley-sugar," a sequel to " Rose of Sand ;" ' Downy a a Deooy-Dock." a elusion of "Simple as a Dove," aad '.SoaWd, Black-beetles," by the wftor of "Barat SssU. terflias.. , i i .jiii.ifrwi