Polynesian., 1845-04-05
THE POL Y n ESIA N.
OFFICIAL JOURNAL OF THE ia UAIIAv
GOTERNHE.NT.
HONOLULU, SATURDAY, APRIL s, 1s45.

baton of the Oahu court as now constituted
it may be well to revert to its early history.
and see what led to the present system. To
do this it is necessary to show that it was
the necessity of foreigners rather than ma
tiycs, that required such a court of Justice.
and consequently it has been created in
great me assure for their accommodation. A
more ~~si,nlle arrangement could have an
swercd so far as the natives were alone con.
cerncd. But it happened that mercantile
and other discussions arose among the for
eigners, who, to settle their disputes appealed
to the authorities of the country. To main
tain the peace, and to give that protection to
strangers which the comfy of nations re-
q%uires, the administration of Justice in some
form was indispensable. The parties at the
earliest date were generally heard before
the Governor and Chiefs, and they endea-
yored to decide according to the merits Of
each case. AS questions became Of a more
intricate nature, involving mercantile and
other knowledge, obtainablc only by per-
sons educated in civilized lands, foreign
jurles were required. But, as was to be
expected, the decisions Of the native Judge
could not be favorable to all parties. Those
that considered themselves sggrieved, trans
TERED their hostility from their zeal oppo-
nents to the very source from which Justice
had been sought. Exceptions were taken
on a variety of grounds, to the court. The
interpreters of either party litigant, or of
the court itself, were i%mpugncd; its forms
and rules attacked as not agreeable to tho
pre-conceived views or early associations.
derived from the several countries of the
birth of the disputants. In the meanwhile.
the government zealously strove to meet
every reasonable requirement, and to con-
form to the models of more civilized lands.
The native Judge not being versed in the
practice of foreign courts, and the modes of
business and thought among the whites. as
well as very imperlectly acquainted with
the English language, endeayored to supply
his deficiency and to accommodate all par
S'hhS ptS iolCIgucT ~ dlu
him by advice, and to interpret the subject
matter before him. The person selected
was Mr.. Judd, and the improvement. in con-
sequence was acknowledged by the satisfac-
ton which it afforded to parties generally.
but Mr.. Judd, although unsurpassed in the
ease and Iaith!ulness with which he renders
the Hawaiian tongue into English, and
wee versa, had not received a professional
legal education. Each disputant claiming
to solve for himself questions Of law, a null
nplicity of opinions arose, to the hindrance
OF justice generally, and the prolongation of
disputes. As soon as possible, a remedy
was furnished by the Government, and Mr..
ticord, the Attorney General, was directed
10 advise the Judge, in all matters Of law.
we have thus briefly stated what led to
the formation of the court on its present
basis. We have lone so to show tina in all
Its arrangements the Government has had
deeply in view, not only its own reputation,
out the accommodation of foreigners. 1t
has improved upon its forms, and secured
the best professional services In all its de-
Partments, as rapidly as circumstances adj
m'tied, That it has deficiencies, when COM
pared with the properly organized courts of
old countries, has never been disputed; but
II mas the right to claim for itself the &C.
encouragement of having used every exer-
tlon' not only to meet the growing wants of