Polynesian., 1845-03-22

NAHs DNV'A' ~ W. W tht'ip' ii'i'
that that is not the question, but he must add
wise them that they have no right to inter-
rupt me when | am addressing him. Put
that as plainly as you can.
MIR. JUDp.-The Governor requests me
to say that His Ma iesty has appointed me to
assist him and if you treat me with disrespect
you disrespect him.
MR. BRowN.-I wish you to tell him /
mean no disrespect. Am | to have my
rights
Mr.. JUDD.-You are not to be interrupted:
when | said to the Governor don't interrupt.
Mr.. BOGARDUs.-l tho't you said don't speGk.
Mn. JUDD repeated the explanation he had
given before.
Mr.. BRowN.-This extraneous matter hay
ing been done with, let US 90 on with the
case. According to the decisions | have
been told of as being the law OF this court,
he has a right to put away every foreigner
and put only the names of those who have
taken the oaths of allegiance to His Majesty.
Ask him if that would be according TO the
intention of the Hawaiian laws : Ask him
where would foreigners have their remedy;
Their laws say foreigners shall be on the
iurys. The object Of this law was that TO-
reigners should have fair play; that they
should have foreigners IN their Jury who not
only knew them, but had interest in them
That it is considered by all civilized nations
when a man takes an oath of allegiance to
any sovereign, he becomes a part and parcel
Of that kingdom. That it is not color which
makes a man. l would place as much con-
fdence in one of his (the Gorernor's) W
countrymen as | would in any one who has
taken the oath of allegiance. That | have
80 much confidence in him that would trust
him with a case of mine as quick or quicker
than | would some Of the naturalised for
eigners, picked up from (guifers), the (pnr-
hcus Of streets and vessels-some ofthem I!
That it Is principle which induces me to de-
mand this. That | know of no one on the
jury that | would object to in common cases,
but it is from principle that | object in this
case. Now | wish you to say to the Cover
nor, that in regard to the decision in the
other case, l have seen no foundation for
any decision that he made. | saw only that
30 and so was the case, but | saw it founded
on no law OF this country, of European coun-
tries, or of the United States. | want to
know upon what grounds that decision was
made. 1t it was made upon his own IpsE
DixIr, very well | wish you to ask him
how a man can be in two situations ? How
can a man be a foreigner and a native or
denizen How can he be two things at
once! If that is the case, ask him how it
would be if one of those subjects of his Ma
Jesty were taken up to be tried. what iurv
they would be entitled to ? They also would
be entitled to a jury of foreigners. They
" allegiance to this government; they owe
allegiance to the laws of this governments.
tney prepare to be governed by those laws
wnen they take the oath of allegiance; thew
are entitled to be tried by Hawaiian subjects
and not foreigners. When a man takes the
oath OF allegiance in the United States he is
considered III every respect an American
cn'zeh. That when a man takes an oath
OF allegiance to kamehameha the third. he
becomes an Hawaiian subject his interest,
MS feelings, every thing makes him Hawaii
an. lie Is bound by his oath to look ont
tor the interests of the King of the Ua-
waIIan Islands against the interest Of all
the world besides. Now let me presume
a case. Here Is a man under the law of
treason, a man who commits treason aco;nst
the King Of the Sandwich Islands. IIe is
brought up to be tried for that treason oc-
cording to the law of the Sandwich Islands
a"o not according to treaties made with
Great Britain. That man would be entitled
to a Jury of half natives and half foreigners.
the King being Il native and the defendant
a foreigner. And how would that man
nave a fair trial according to the Governors
decision, that the jury shall consist of Ha-
wa''ans, how | say could that man have a
fa'r trial Tell him in the present state of
'te''ng mere as far as we can see by news
papers and other things, | think every
american would prefer in a case of treason.
or murder, or in any case where his interests
were concerned, trusting himself 70 n whole