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

twuh Berlin, Brunswick, Hanover, klel SC.
/, II enjoys prodigious inland trade, and is ne
: cessarily the Enirepot Of the East Prussiau,
, Saxon and other adjoining States. Ia Iel6.
: the imports were Ell ,68s, 800, and the .a-
ports, Els, ,392, $50.
u In submitting the treaty as concluded be-
tween MIR. SueTkrop and me, to the King aad
: Priyy, CoupeI~ on the 18th January, lS4S,
: Mr.. Judd represented as very great the prac-
tical difficulties in the notices TO foreign con-
suls required in the Attn and 9th articles of
the treaties with Denmark and Hamburg
A discussion was raised which ended in the
following resolutions:
i % Resolved. That the Minister Of Foreign
Relations be instructed To briDg TO the notice
of the Royal Consul Of Denmark, and the
Consul and special Plenpo,entiary Of Ham
burg, the extreme difficulty of carrying into
effect the notices 10 the consuls required in
the 4Ih and 9th articles Of the treaties with
Denmark and Hamburg, except IN Honolulu,
and to come TO an understanding in writing
with him, for Denmark and Hamburg, that
these notices are to be served, only where
consular agent exists, upon whom they can
! be served" t..
! That resolution led TO the foundation Of the
six rules in regard to these notices, agreed
upon between Mr.. 'Suerkrop and me, on the
25th January, 1913, Of which ] append copy
marked No. 81. These rules we're sanction
ed by the King and council, on the same day,
but with so much fear and trembling, that the
whole trouble and responsibility were Inpos-
ed upon me, as you will see by the following
resolutions:
ResOired, That Mr., Wyllie is hereby in
vested with authority over all officers Of this
kingdom upon whom it is incumbent 10 give
the notices provided foriin the above rules,
and 10 see that such officers perform their
duties; he is 10 consider that performance IN
der bis immediate responsibility, and to re-
port the same to the King in Council.
"Resolr6d, That these rules are hereby ex-
tended 10 all other foreign COnsuls. in similar
cases, and that the due serving Of such no
tices by the proper officer be also included IN
The authority giyento Dir. Wyllie in the pre-
IS eding resolution to be exercised by him.. in
the same manner"
| myself never could see that there was the
smallest difficulty in giving all the notices re-
quired by the rules. The King . judges could
have blank official notices to foreign Consuis,
ready TO be. filed up, as occasion might re-
quire, without any more trouble than OF SO
keeping ready for issue, ordinary summonses
Or subpGnqs; and The fact is, from the '25th
January, IS4s, up 10 this moment, | have
never had to report TO the King and Council,
any responsibility, trouble or complaint at
aching TO me under those same resolutions.
believe there are not wanting among US
SOlOns, who consider it a great diSparage-
ment to The courts, that foreign Consuls
should haze ANYTHING 20 do with judicial
matters. What will these men think OF the
following article in the convention for the mu-
tuaI extension of the jurisdiction Of COnsuIs
between the United States of America, and
The Free and Hanst atlc Republics Of HaD-
burg, Bremen and I.ubeck. concluded on
the 30lh April, lS52-and by whom-why,
by the great Daniel Webster himself!i
"The Consuls, Vice Consuls, CONNER
eial or vice commercial agents OF each of
The high contracting parties shall have the
right as such, To SIT as judges and arbitraiors
in such differences as may arise between the
masters and crews Of the vessels belonging
TO the nation whose Interests are committed TO
their charge, without the interior ence OF the
local authorities, unless the conduct of the
crew or Of the. master should disturb the
order or tranquility; OF The country, or the
said Consul, Vice Consul, commercial agents
or vice commercial agents should require
their assistance in executing or supporting
their own decisions But this species of ludg-
ment or arbitration shall no, deprive the con-
tending parties Of the right they have TO
resort, on their returns to The judicial au'hor-
tiles Of their own country"
Let any man OF common sense compare
that article Of tie Honorable Daniel Web
sler's treaty with the 9Th and 9th articles of
Gait Bille's treaty, and say that the brave
r. L. 1.
tIonal law, or of respect to Hawaiian magis-
trafes dispensing justice in. thH- name ofihe
King. ii what stated 10 the Legislature of
1853, (see page - Of the ministerial reports
of that year,) do not satisfy you that in the
most civilized, and the greatest nations, the.
magistrates allow foreign COnsuIs to sii with
Them on The bench in causes IN which their
counirymen are concerned, | can give any Of
you proof, that the Kings Consul IN New
Zealand, has been allowed so TO SIT; that the
Kings Commissioner for Southern Polynesia
has had that privilege most courieously al
lowed to him. in high court of New South
Wales, even in cases concerning natives, not
offhis kingdom. but Of the Southern Pacific
Isles, within the scope OF fis coliRliss son: and
that even the Lord May or Of London did not
object, To the presence in his count, Of the
King COMMISSIONS T, there, ID the rase og
some Hawaiian sailors.
THrRrEENTn.-Eci me request your al
iention TO the treaties With the United States,
offered by Anthony Ten Eyrk, Esq. .lhfn
Commissioner for the United States, on the
18th February, 1917, the ooh April, 1873,
and the lSih May Of same year, which you
will find al page No H., 67, 6s, and CO Of
my report TO the Legislafrfe Of 1880, and ="
the notes, on The FIRST. by John Ii and myself
extending from page 81 TO go.
T. E,,, - H. I.,,.- 4 L.