Polynesian., 1844-08-03
OPINION OF r. s. PERKINS. ESQ.

CLAIM UPON THE GOVERNMENT OF THE
HAWAIIAN ISLANDS
The interest felt by the public in the re-
suit Of the claim to LAND in this town, by Mr..
r.. Charlton, induces US to publish the opinion
OTIS. Perkins, Esq, al eminent member of
the bar Of the state Of Connecticut, o.. S. A.
1t was drawn up the at request of II. II. Ms
Secretary of State, on laying before him
the decision Of the Earl of Aberdeen
the reply of Messrs. Richards and Haalilio.
and all other papers relating to r.. Charlton's
claim to land. Mr.. Perkins was un-fced.-
and earnestly requested by the Secretary of
State to give a true judgment, on the duties
ofthe Hawaiian Government, under the re-
quirements of Lord Aberdeen, in view of all
the papers submitted to him.
"From the papers exhibited, it appears that
the only question unsettled between the Gov
eminent of Great Britain and this Govern
ment, is the claim of Mr. Charlton to certain
lands situated in Honolulu. In reference to
this claim, Lord Aberdeen in his @letterto the
Commissioners Of this Government, dated
Sept. 18th l843, says-that Mr.. Charlton's
title to the land mainly rests in the genu-
mess of the grant, and the power of the per-
son by whom it was executed; and also that
the British Government are of opinion, that
provided the original grant in possession of
Mr.. Charlton, and now in the Sandwich Is
lands, be produced and shown to be genuine
Mr.. Charlton is entitled to the land to which
he lays claim and that government requires
that MIR. Charlton or his representative in
his behalf, having first produced the original
grant and shown 1t to be genuine, may be for
mally put, and secured in possession by the
government, (of the Hawaiian Islands, 1t
also appears from the papers exhibited, that
the Hawaiian Government, by a proclama-
ton, bearing date the 10th day of Feb. l843,
ratified the agreement for the settlement of
the difficulties between the two nations, in
the terms stated by the Earl of Aberdeen, in
his letter to our (the Hawaiian) Commits
%sioners, dated the 10th day of Sept. l843.
lit would seem from this statement of
facts, that the British Government, having
laid down the principles on which the claim
is to be settled, leaves it with the Hawaiian
Government to apply those principles to the
facts of the case as they may be shown to it
by MIR. Charlton or his representatives, and
to decide, on these principles, the question
whether or not the grant be genuine, or in
the words of Lord Aberdeen, on the genuine
ness of the grant. No other tribunal or in
dlvidual being mentioned or referred too,
there seems no doubt that this is the mean
ing of Lord Aberdeen, and there can be no
doubt that such is the legitimate-nay the
only construction of which the letter is sus-
ceptible. Had any other intention been had
by Lord Aberdeen, he would doubtless have
so expressed, and in the absence of any tri-
bunal being mentioned, or any individual al
luded too as a referee, the meaning as above
expressed is conclusive any other construc-
ton would be derogatory to the contracting
parties as the representatives of independent
nations.
snow when the 'genuineness of a grant is
spoken of by professional men, they are not
to be understood as combining their meaning
to the single fact-whether the signature Of
the parties was actually attached to the instru-
ment which describes the grant, or to the
paper on which it is written. Numerous 9TH
er considerations are involved, one of which
seems to have been anticipated by the 'prin-
clpal law advisers of the crown, :--ri=. the
power of the person by whom such grant
may have been made
SIN this case, it would seem that the Brit
Ism law adviser, Intentionally leaves these
matters to the consideration of the govern
mcnt here, or to be settled by the courts of
tins nation, acting under its laws, according
TO the usual course of judicial proceedings
here, in the same manner as titles to real
estate are settled by j~uries of the vicinage,
when the lands lay in England.
" In this view ofthe case, ! would advise,
that, should the Hawaiian Government be sat-