Polynesian., 1844-11-02

right of being judged and heard ny a num-
Der of his own countrymen equal to that Of
the foreigners, that sit in judgment upon a
case in which he has much at stake.
A similar inconsistency pervades
that portion of his letter Of the 18th.
September, when he undertakes to support
his views in regard to %juries, by argument.
The native half Of a jury, he thinks, might
be influenced or biased by one individual
foreigner on the jury, who was able to speak
their language" Another objection is, that
cit would require only two foreigners, to
unite with the native half, to bring in a ver-
dict o fguilty." Such assemblages of crude
ideas are termed "reasons." They prove
nothing, and amount to nothing. They are
mere conjectures, and have no force as ar
guments. Does not Mr.. Brown see, that,
even if admitted, they tell as much, against,
as for his views. Allowing that one jury
man or two, are able to converse with their
Hawaiian associates, and to bias them,
would they not bias them to their views,
which would naturally tend in favor of their
consul or countrymen If these foreigners
should agree with them, would it not be
prilna facie evidence that they are right in
their opinion. But Mr.. Brown seems to fear
that those who are able to converse in Ha-
waiian must necessarily be false to their oaths.
Or else, why should the knowledge of Ha-
waiian be an objection. A iuryman is to be
considered, uutil it can be proved to the
contrary, to be true to his duty. Then, will
he not influence the native half Alright |? We
have far more confidence in foreign jurors
than Mr.. Brown. He says, {" do not mean
to say that a jury of halfforeigners might
not possibly be a fair one. l do not doubt
it, but do say, that it is highly probable
that IN many cases 1t would not be so." He
thinks it possible a half-foreign jury may be
a fair one, indeed he does not doubt it, but
thinks in a great many cases they would not.
This is an extraordinary compliment to his
countrymen, and if admitted to be correct,
utterly destroys all argument in favor of
even a half-foreign jury. If six white men
periure themselves often, is the matter to be
helped by making their number twelve. APP
plying Mr.. Browns rule and claim, we get
a white jury, indeed, and twelve persons,
six of whom will, "in many cases" be un-
fair, with no surety that the other six will
not be also. 1t is worthy of note that he
does not doubt a thing, but thinks it highly
probable it is not so. W. have yet to learn.
that operation of mind which enables a man
to believe and disbelieve the sam thing at
the same time. W. fear it would take as
long to explain it, as to settle the number of
angels that can dance upon a needles point,
or to find the philosophers stone.
Although Mr.. Brown manifcsts so total a
disregard to the facts and arguments of Mr..
Judd's letter, he deigns to not only quote.
phrases from it, which he deems applicable
to his own purposes, but, whether designed
ly or not, it is not for us to say, has allowed
himselfto initiate the order of arrangement
We think it would have been better had the
originality ofthe other portions been adher-
ed to throughout. The document then would
have possessed the novelty of being original
in all its parts, and as the world are ever
seeking after that which is new, would have
made it very popular.
inapPropos quotations, as we have before
observed, weaken an author. Il have pro-
ne" mcontestadty by facts and books" precedcs
the list of twenty statements which he in