Polynesian., 1852-06-05

known Catholic Priests to come roluntaritg with
their schools into Protestant Churches for examr.
atlon that even had the statements of Eutate been
true to the orders of the inspector, it was not
true that 1t was "strict rule from Hawaii TO Kauai
that no Catholic teacher attends an examination in
a cavanistic temple" 1t is difficult to see how a
more complete refutation could be given of this
charge of the priest Eutate presented to this house
as matter worthy OF their consideration.
iii. Complaint of Kepeiina.
kepelina, catholic, applied to Nahiana the
School Inspector of 2nd district of Oahu, for IL
cense to teach the Catholic School at Walkele,
Eva. The inspector refused on the ground that
kepelina had been convicted of stealing. This
was true in part he had been convicted by the
lower court but acquitted appeal to the Circuit
The Inspector was unwilling to give him license
however, as he believed him guilty. An appeal was
made to the minister, who decided that the teacher
should be licensed and instructed the Inspector to
do SO, unless he had other grounds for refusing,
than the one he had assigned The Inspector gave
the license and there the matter ended As this
decision was in favor of the catholic complainant,
there is no "grievance," though the committee
think that the Inspector quite right in refusing
the teacher license if he had doubts of his inno-
cence of the charge against him.
~. Complaint of Lemoine, Catholic Priest at
Waialua, Oahu.
| Hoopalahe, School Inspector of Koolauloa, abol-
ished the catholic school in Kahoaku on account
of its not having fifteen scholars, the number re-
quired by Law. The priest Lemoine wrote the
inspector a very mpertnent letter (see app c. and
translation in app. d. The minister visited the
district shortly after, and enquired into the case
From all he could learn, some two or three schol-
ars had been induced TO go into the school for a
few days In order to make up the necessary num-
Der, but that ordinarily there were not above ten
scholars: one or two were not over two or three
years old. The minister, however, on his return,
instructed the new inspector Haia, to look to
that school, and if there were fifteen scholars OF
less to establish the school there, as all the
children should be taught. The school was ac-
cordingly recommended
This is the last of the four complaints from cath
olcs IN regard to schools, and your committee be-
ieve if the two last had been made by protestants
the minister would not have decided so readily in
their favor: but that he influenced by an ear
nest desire for peace, and the wish to avoid giving
dissatisfaction, in giving decision favorable to
the complaints in where the question was at
least doubtful one.
1t is significant fact, worthy of remark, that
the decisions given by the minister adverse to the
lcomplainants, have in each case been carried by
them up to the Privy Council and also to the Lee
gislature, notwithstanding their frivolous nature,
while of all the numerous complaints made by pro-
testant schools, In not single instance has any
appeal been made from the decision of the minis
ter of Public Instruction.
Your committee are of opinion that there is no
good ground for the complaints against the pres
ent school system or the Minister of Public In
struction. They do not see how more perfect
equality can be secured in the education of each
sect, than is provi ed for by the existing laws No
religious tests applied to the teachers, yet the
schools are allowed to have those who are of the
same religious belief with themselves. Each
school is under the control of the school Inspector
and i,co trustees selected by the Parents, who
thus have the controlling voice in the selection or
dismissal of the teachers, the erection and repairs
of school-houses, &c.
1t Is matter of regret that rivalry and ill-eeling
should so o-ten exist between the different sects of
the religion of the Prince of Peace, but this has
ever been the case, and is in no greater degree
here, than in older and civilized countries 1t is
an evil that cannot be remedied by Legislation,
and it cannot certainly be charged as the fault of
either the government, its minister, or the exis-
ting laws, that sectional disputes and eaousies
not entirely banished from the public schools.
| There has been one complaint brought before
this house by catholics in regard to application
| for charch site, which your committee have ex-
amined, and the history of which they wish to pre-
sent also in full to show with what readiness those
who are determined to keep up the agitation on
this subject will seize on the merest pretext, as
foundation for catholic grievance"
| By the law on :" Parish and Church Foundations"
chap 5, VOL /, of the Statute Laws, it is provided
that certain number of applicants, desirous OF
forming a Parish, may petition the Minister OF
Public Instruction for piece OF land for church
site and parsonage grounds who may at has disere-
fion, with the consent of the Privy Council, grant
the same under the conditions and restrictions of
the Act one of which is that the church shall be
considered nominally as government property, that
the record of all church proceedings shall annually
| be made to the minister.
There are many other conditions complicated
and difficult of execution. The chapter was an
unwise one, and if-acted upon, calculated to lead
to constant collision of church and state. This
law has remained dead letter and your commit
the have already submitted to the house, in accor-
dance with the recommendation In the report of
the minister, an act for its repeal. The first and
only application under it, was made last fall by a
Catholic society at Waialua, Oahu. knowing
that by granting the petition under that act, fruit
ful source of trouble and collision would be Gre
ated particularly by the condition requiring an an
nual record of church proceedings to be made to
the minister the privy council, at his suggestion
decided not to grant the land under the law, but
in order to comply with the wishes of the app-
cants for a church site, &C., to sell them the land
in fee simple at the mere nominal price of twenty
five cents per acre. and thus avoid any occasion
for future dispute by giving the parties clear IL
tie untrammeed by any claims OF The govern
ment 1t was in fact, complying with the condi-
tions of the law, on the part of the government,
and at the same time releasing the applicants from
their part of the burdensome conditions imposed
on them by that law, and considered by the
privy council as donation which would meet all
the wishes of the petitioners, and at the same
time free them from a government surveillance
which could not but be offensive. The quantity
of land thus granted was about fifteen acres, and
the minister offered in the council to pay out OF his
own pocket, the paltry sum demanded rather than
be compelled to carry out the provisions OF the
act. We submit the letter of the surveyor tol