Polynesian., 1844-11-30
November, 18th, 1914.

you low. i TClcT 10 tnc COIIJTONcTSy bttWttn
this government and the U. S. Commission
err. 1t is more Immediately called forth by
the anonymous rcjoindcr in "Thc Friend
Extra" Just received. | am panied and con-
ccrncd at the excitement. My sympathics
all along have been with the Hawaiian gov
eminent, and / have seen nothing as yet,
that shakes that opinion. But | must tell
you candidly, and with confidence that it
will be kindly received, that | am not at all
pleased with the manner in which it has
been conducted on both sides and it ap-
pears to me that the interests of this nation
are in danger of being compromised, by
losing sight of the true grounds of the ar
gument, in the heat of controversy. | think
too that the first argument of DR.. J. founded
on the circumstance that the u. $. are not
in treaty with this government, as a reason
why Mr.. Browns demand cannot be com
piled with, is untcnablc, and by using it, he
has weakened the force of the main. and on
ly true reason, that the laws of this kingdom
do not recognise the act of which Wiley was
accused, as belonging to the class of crimes.
This should have been put in the foremost
rank Of the argument, and made a sufficient
reason why a jury to be selected by the con-
sui would not be admitted. One argument
which | have not seen stated proving the cor
RICHNESS Of this position, is that the public
mind Of the Hawaiian nation does not de-
mand such a penalty as would be required
IN a civilized community. The nature Of
guilt is to be estimated by the actual injury
inflicted upon the sufferer. In an European
community, the injury inflicted in such a
case IS most enormous, destroying forever
the peace of mind and reputation of the az
ficted sufferer, whose only reposc where she
can hide her shame is in the grave. Here
it is otherwise. There is no disgrace at
taching itself to the character of the injured
female, either in her own eyes, or that of the
native community generally. She is Just as
much respected as before, and her chances
in future life are not at all diminished. The
law was made by native rulers for their own
natural subjects, and therefore a small pccu-
mary compensation was by them deemed adj
eqnate to atone for the bodily injury inflict-
cd. Foreigners may smile at this, as telling
but poorly for Hawaiian character; but we
must take them as they are, not forgetting
their former habits and customs. The law
IS all that was called for, and serves the pur-
pose OF keeping in check a most infamous
act of frequent occurrence in former times.
A person therefore, in seeking redress at law
Tor an aggression of this nature, must not be
supposed to possess those fine sensibilities
which give grace and beauty to the Europe
an character. But her own natural rights
would entltlc her to a jury composed partly
OF her W countrymen, on the same princi-
pie that a foreigner would claim the priyi-
lcge for himself. The party prosecuting is
n native seeking for pccuniary satisfaction
for an assault, through the tribunals of her
country. Now does not Justice and common
sense cry out at the idea of an unmiycd for
eign jury. Is not the right of a native on
his own soil, as sacred as that of the stran-
ger or is he to be protected at the expense
ofthe indigenous inhabitant ? To me it is
clear that the case does not come under the
Sd. article ofthe Treaty o fLahaina.
There has been enough Of acrimony writ
ten on this subject, and what the community
now calls for are healing measures.
We want cool, calm, unbiased reason. on
either side, without carping or criticism, or