Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1855-05-26

anu fueSttOfS iHdt nave Deen suOSeQuentI'
; raised, and that have embarrassed our courts
! append copy marked No. Al OF Mr.. Bates
letter TO me of the 10th May, 1854, also copy
marked No. 42, of my reply to him, OF, III.
, 18th May, 1854, (of whichI enclosed copy
TO chief Justice Lee, on The same day),-
Copy Of Messrs. Melchers & Cos protest O
the 26th September, 1854, marked No 4S-
! Copy of their letter to the Minister of Fl
nance, of the I2th January last, marked No
f IA. and copy. OF 10y letter to that Minister Of
the Goth March, which is marked No. as
Afterwards, / submitted 20 him the men,
orandum Of the remarks made by me in PTivy
Council, in 1850, while discussing The provis-
ions Of the treaty with the United States, in
connection with a despatch received from Mr.
Jarves, which shews the views that / then
depressed Of the meaning of the Danish
ttEeaty, before any questions had been started
under it. OF that memorandum, append
copy, marked No. 46. .....,
That nothing may be wanting to the clear
est understanding Of thnse doubts and ques-
tions, | add, marked A G, copy of Chief
Justice Lees letter to ire, of the 10th NAV,
1854, copy of the claim of Messrs Coady
s. Co., and copy of my reply to Mr. Lee, Of
the 18th of May, same year.
further add copies, marked Nos. 47,y46,
40, and SO, of my correspondence with Lewis
II. Anthon, Esq, his Danish Majesty's Con-
sui, between the ID and 18th March last,
from which you will see, that no regular
complaint or protest has been lodged before
him, of, or against duties levied by this gov
ernment, contrary TO the treaty with Den
mark; that he T. ad forwarded none such TO the
Danish government; nor had he received any
communication expressing dissatisfaction with
the aforesaid act Of 9th June, 1852, Of hich,
on the I7lh of July, 1852, | took care TO send
a copy to his Excellency, the Minister Of Fo-
reign Affairs at Copenhagen.
call your attention to these facts, because,
by the laws Of nations, the principal object Of
the establishment Of COnsuls in foreign countries
is TO match orer the erecution Of commercial
treaties and conventions betlreen their Otrn COR
ernments and those under trhich they reside; to
protect and assist the merchants and sailors OF
hcir nation, 10 adjust and decide heir differ
ences, to maintain their rights and pririieges,
to look TO the erecmion of ordinances relating to
commerce and navigation; in fine, 10 inform
heir governments of the advancement, decline,
or arrangements Of commerce, and TO indicate
the direction lrhich ought 10 be giren TO specu-
they reside In their reports 10 Their oltn gor-
ernments, btcy ought TO unfold The means rrhich
mdu appear to them best 10 Obtain for the COM
merce and narigation Of Their O,rn nations, the
ameliorGtionS, the Gdrontages, mad the extension
Of lrhich hsy are capable
Referring To articles With and Vhh Of the
Danish treaty, and to what have SAID above
of the intentions of Captain Bile in framing
4 L Al Il
Danish Consul should perform all his func-
lions, under the rule of the laws of nations
and that he should not exceed that rule; and
in view of those same articles, | much doubt
that the Danish government expect that the
King courts should entertain complaints oil
Danish merchants, ship masters or others,
under their treaty, otherwise, than through
the duly commissioned and recognized Consul
of his Danish Majesty.
in that view of The case, | would say,
without meaning any disrespect to our courts
that all the doubts and difficulties under the
Danish treaty, are of their own creation, YET
so far as they may arise from a scrupulous
regard to the faith Of the King, under that
treaty, much admire and applaud the mo-
tive; for if the ianh of the Sovereign is, as il
ought to be, ever held inviolate in all tire aties,
II is especially so, in the case of the Danish
treaty, for TO tnat treaty we unmistakably owe
the first admission Of the King TO his full rights
of sovereignty.
TwELFTH.-I take the liberty Of requesting
YOUR attention to the treaty with the Republic
and free Hanseatic city of Hamburg, Of the
Srh January, IS4S, which you will find at
page 90 OF the Sd volume of our laws This
treaty was suggested through the kind influ-
ence Of Captain Bile, iE his benevolent de-
sire to give all possible extension to the prin-
ciple which he had established in the tIeaty
with Denmark, Of freeing the Hawaiian sove-
reign from all restrictions Contrary 10 his
rights Of sovereignty, SUB jure ,jentiUm. The
treaty was offered through Edward A. Suer-
krop, Esq, whom Captain Bile, had ap-
pointed, Professionally, royal Danish Consul,
and who was appointed by the Republic OF
Hamhurg, TO br their consul, also, and Plen-
Ipoteniiary ad hqc Relieving that the im-
portance of the HGRSs IolrRS, is but Ill un-
derstood, in this kingdom, ! consider it not
irrelevant TO state that the HGnseGtic S0cToty
trds a league btlreeH sererdl maritime eifies OF
Germany, for the protection Of iheir coinusrce.
Bremen and amsterdam lrere The first fIrO that
formed it, and the trade Of their tO,pns erpeyi-
enced such Gdr0ntases, by hsir fitting out fro
m,n-of ,car. in each. 70 cOasoy Their ships, that
neru cities entered into the league Eren Kings
and Princes made treaties ,oith the LedgHe, and
,cere often glad Of their assistance and protec- /.
tion; bg rhich means they became so potrsrtul
both by sea- ard land, that they raised armies,
as yell as ndriss. possessed countries IN sore
reignty, and made peace or ,car. though altroys
IN defence of their trade, as u they had been
o-. ,,n;I,J Cfofs or Commonwealth
In the year 1000 there were no iess than !
- Giles in the list of the towns Of Honse,
they received many privileges from Louis |