The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1856-11-13

Memorial, just as 1t Is, and read 1t to the King IN
Privy Council ; and also that he be instructed to state
to His Majesty, that the Board of Trustees of the
Sailors Home Society were about to sign this memo
rial, and would have done so, had not the Justices OF
the Supreme Court, members of this Board, informed
them that it contained a request which was contrary
to law.
L remain sir, as ever, truly yours.
J. Z. CHAMBERLAIN,
Secretary of the Honolulu Sailors Home Society.
Honolulu, Aug. II, 1856.
To His Majesty, KAMEHAMEHA ~, King of the Ha-
waiian Islands, in Council:
SIRE, may its please Your Majesty:
The undersigned, Trustees of the Honolulu Sailors
Home Society, beg most respectfully to memorabilia
Your Majesty, in reference to the recent licensing of
the Royal Hotel on Bethel Square, at the corner of
Merchant and Nuuanu streets, contrary to the aSsur-
ance of the head of the Interior Department to the
Board of Trustees of the said Society, dated May 9Th,
1856, and the Ordinance of Your Majesty in Council
on the 21st of the same month, to the same effect.
This license has given rise to recent correspondence
between Your Maiesty's Minister of the Interior and
the Board of Trustees, unsatisfactory to them i'll its re-
suits, and they are led to believe that all of the facts
were not before Your Maiesty's government when &C
ton was taken on the subject.
In order to arrive at just conclusions, it will be ne
ceSSary to state briefly the facts in the history Of the
Home from the beginning.
Attention was first directed to this enterprise by a
series of public meetings held at the Seamen's Chap
ell in November, 1854. The present location of the
Home was sought for this most important reason,
amongst others, to wit, that it was located between
the harbor and the houses to which the sailors resort
ed for Intoxicating drinks, iii a prominent position,
and many seamen it was hoped might be attracted to
it, and saved from the latter.
The valuable lot on which the Home now stands,
then belonged to Your Majesty's government, which
was memorialized and asked to bestow it, for this be-
nevolent object. To this memorial a most prompt
and liberal response was received in the grant of the
lot for this purpose by His late Majesty IL Council,
one of the latest and noblest of his many noble acts.
Tho iD1ivi1uoI r,oUohOpr Of tho W aDt a1Sa c11h
scribed for this noble charity and became efficient
co-operators in carrying out this commendable enter
prise.
Upon the assembling of the legislature a charter
was granted to the organized Board of Trustees.
At a meeting of the board on the Sd day of May, 1855, to take
preliminary steps for the erection of a building, it was stated by
onc of the meInbers that a lot had been purchased, contiguous to
the one which had been granted for the Home, and a Hotel was
about to be erected, thus interpreting a house. for the sale OF
spirits in one of the chief thoToughfares between the contemplat
ed Home and the harbor. Some of the Trustees present felt 50
strongly upon the subject, that they were almost il not quite pre-
pared to abandon the enterprise of building unless something
in such near proximity; aud were even ready to assume the liza
bnities of the purchaser of the land and his building contract, il
it were already entered into, at the actual cost to him, rather
than have his enterprise prosecuted in that location.
Interior, and request that no license might be granted on Bethel
Responsible members of this committee stated explicitly 10
His Royal Highness, the acting Minister, that if the party had
purchased, and feared loss, they would assume his responsibility
in the premises, placing him in the same position as previous to
purchase. On the Sth of hay, the acting Minister addressed a
letter to the Board, stating that as a license had been promised,
previous TO any objection being raised, 1t would be granted for
one year from July list, 1858, but not to be renewed hereafter.
Also advising the trustees TO petition the king IN Council for an
ordinance prohibiting the licensing OF any house for the sale Of
spTituous liquors on the Bethel Block thereafter; which they &C
cordingy did, and such an ordinance was enacted on the 21st Of
80 ~; a 1resfiinr o6icer ~ III To p 90 = ,d 80 = IN c+L as
incJsed a copy OF one written under his direction by the chief
clerk of his department to the party purchasing, stating explic-
the first day of July, 1856.
Upon these assurances the Trustees relied with implicit con-
fdenee, as they had been wont to do, in other transactions, and
in other capacities, upon the plighted faith of the government
More than a year passed away, when their attention was called
to the fact, that the sale of spirits was continued at the Hotel
and the report that a license had been, or was about to be grant
To some of them it seemed improbable if not Incredible, yet a
meeting was called and a committee appointed to present their
This committee attended to the duty assigned them, and sub
scquenly to theS visit the ordinance of May 21st, 1855, was re-
voked, and a license for.One year granted to the keeper of the
Hotel.
The Minister in his reply to the memorial says: "Thcre was
a previcus obligation to the Hotel keeper, upon the faith of which
he had made has investments; that to deny his application for a
license would ruin him; and that the ordinance Of Nav 21st was
really void, by reason of the pre-existing pledge to another party
tfatM SHOULD ot have been made; that no injury could arise to
the Home on account Of the license, as the distance was bnt lit.
tie greater to other licensed houses, and that the power to revoke
were not prejudiced thereby" 1t is clear that if y thers was =
not have been assumed to the Trustees. But all the circnm-
stances of the transaction indicate that the Minister and Cmncil
were in error, for the Minister stated expressly to the first COM
mhtee, that the obligation was but for year. Ifthe Hotel keep
er eonsnderea II longer oy nHrllGatl2n- ne had no reason for so
that his license rouM not be reHered after the expiration of
the year Tor winch h was promised, and he could have resolved
the return o. his money, but, he preferred the risk, AMI if is Il
hardship, it was voluntarily assumed
rent power ofthe Council TO reverse or revoke its own ordnan-
ces, where other parties are interested, without their knowledge
or consent, upon the assumption that they win not be prejudic-
ed thereby, we beg leave most respectfully to dissent. The very
existence OF an obligation or pledge presapposes the existence of
two parties having rights in the matter to which the obligation
pertains, which are not affected by the relative strength, power,
or position CT the parties.
Ir eI. I'm party 20 constitute itself tire jHise for the other, to
oeciATe mat n fuihtnent of the obligation would work no ben
ent' nor ls violation any injury to Il ard having the power to
Is, 70 pIoceeG 70 carry out such decision you'll be a violation
OF us IIyRtS', however it might affect its interests. unless its
consent should first be obtained
The reason why the result IF CIR .-.-.. -
factory to US win appear by the foregoing stster,snt of facts =
r2sonings, Dut we come before Your Majesty with CONFIDENCE
teat these l1cs ana reasonings, which crnd not have been
July before Your Msjesty's government, win be subiscted t. :
fair examination, and if fcund fairly stated. that the 5oc-.. =
the former Council viii be reversed. And we expect this ST;tb th ~
moro confidence, as the soyereigns of the royal house of Kameo
hameha1 from the time OF its distinguished founder to the nres-
ent, have evincEd by their public acts, not only that they were
the friends of progress, but substantial justice, and since the
hght OF Christianity has dawned, of its benefcent Institutions. of
winch we have such grateful and pleasing evi fence in the muni-
reared for such noble purposes.