Polynesian., 1855-06-09
HONOLULU, I'll. L., JUNE 9, 1855

evils, you will see by my letter of the I'd De
cember, 1S4S, to Asher B. Bates Esq, then unde
special retaining fee, by the government of the
late King of which I annex copy, marked No. 81.
Mr.. Bates, as you will observe by his re.
ply of the Sd December, same year, of which
| annex copy, marked No. 90, recommended
an increase of the penalty on the Captains O
vessels leaving native sailors in foreign ports
Ii was my view that what we wanted, wa:
the enforcement Of our existing penalties
and with that view, prepared certain regu-
lations for the governor and captain of this
port, which were approved by the King and
Council, and which j preserve in book,
which is open for your inspection. Finding
that the abuses continued. without a single
prosecution, under our laws, with view IL
check them by moral influence, submitted
several letters which | had received from
abroad, giving an account of the cruel treat
ment of natives, to Mr.. Severance, the late
United States Commissioner, with sugges-
ton that he should convoke meeting o
foreign Consuls, upon the question how to
prevent the great and cruel evil, discrediiable
to the flags OF christian nations; but MIR. Sew
erance, though much regrettiug such disor-
ders, did not see fit to adopt that course, and
the melancholy fact is, this crying evil con-
tinues uhremedied up 10 the present day
Upon The necessity ofcorrecting it, the King S
Chief Justice, expressed very strong opin-
ion, be fore he embarked for the u. States,
on his important mission. The subject is one
which well deserves your prompt and serious
consideration. To prohibit native sailors
from serving on board foreign ships, and es-
pecialIy those engaged in the whale fishery,
would tend to injure our ports, by diminish
ing their oflur to them, and depriving US o
the advantage of supplying the refreshments
that they require. In my opinion, were our
present laws enforced, and due care taken
that foreign Captains should know what these
laws are, by attaching printed copy of them
to the bonds which they give to return native
sailors, the evil would be checked.
The late King declared to the Legislature
of 1852, that his anxious wish was so to gov
ern his subjects, as that no one could expect
to benefit himself by any political change
He knew well that the strength and wealth
Of every state depend upon the number oi
the people, and that while his native subjects
were decreasing from year 10 year, il was
necessary to encourage good and industrious
foreigners of all nations, to settle among us,
with that view were formed our laws of easy
naturalization, which so long as the necessa-
ry oath of allegiance contained the clause
abjuring native allegiance, copied from the
oath used in the United States, gave great
umbrage to several of the foreign COnsuls.
mvself always considered that the ardor TO
induce foreigners To- take the oath of alegi-
ance was TOO great--that 4 good foreigner
would respect the KING and obey the laws,
although not naturalized, and that a bad for
eigner wotild not become better by haturallza-
lion but on the contrary more dangerous TO
the kingdom, from the right which he would
thereby acquire, Of interfering in It's internal
affairs. In December, 1915, | drew up an
order in Council, intended TO remedy the
abuses which then existed, of which annex
copy, marked No. SO. / committed 1t TO the
care of the late Mr.. Richards, who fully ap-
proved of it; but.it was strenuously opposed
by others, and never brought regularly before
the fate King and his council.
So long as foreigners remain under their
foreign allegiance, their rights in this kingdom
are determined by the laws of nations Vat
tel says:-
"Bdt even in countries where every stran-
ger freely enters, the sovereign IS supposed
to allow him access, only upon this tacil
condition, that he be subject to the laws;
mean the general laws made TO maintain good
order, and which have no relation to the title
of citizen. The public safety the rights oI
the ma ion, and of the Prince, necessarily
require this condnion; and the stranger tacit-
Iy submits to It, as soon as be enters the
country, as he cannot presum" upon having
access on any other footing. From sense
of gratitude for the protection granted hInl,
and the other advantages he enjoys, the
stranger ought not to confine himself To the
respect due TO the laws Of the country, he
ought TO assist upon occasion and 10 coniri'
butte to its defence, as much as his being a
citizen of another state may permit him. We
shall see elsewhere what he can and ought tC
do, when the country is engaged in war
But nothing hinders his defending II against
pirates or robbers; against the ravages oi al
inundation or the devastation of fire. Can he
pretend 10 live under the protection OF d
State, and to participate in multitude o
advantages, without doing anything tor It's
defence, and to be a tranquil spectator oil the
dangers to which the citizens are exposed
= The state which ought 10 respect
the rights Of other nations, and 10 general
those sf all mankind, cannot arrogate 10 IT.
self any power over the person OF a stran-
ger who does not become subject, by enter
ing into the territory. The stranger cannot
pretend 10 enjoy the liberty of living in the
country, without respecting the laws; II ne
violates them, he is punishable as the dis
turber of the public peace, and being guilty
with respect TO society; but he is not Obliged
to submit like the subjects to all the COM
mands of The sovereign; but if such things
are required of him as he is not willing to
perform he may quit the country. Free at
all time to leave it, the people have no right
to deiain him, except for time, and tor any