The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1857-02-12

uovernment is concerned. If all the resident consuls
should be actuated by like motives, criminal Justice
among foreigners here would soon be rated among the
things of the past. But if one only of the foreign
consuls should pursue the course above indicated, the
remainder, in order to obtain justice for their re-
spective countrymen would be obliged to interfere
with our administration of justice, or rather take it
entirely into their own hands, so far as themselves
were concerned. A pretty pass for an independent
nation to come to 1t may be objected that such
consular interference is impossible. If any one thinks
that class of persons exempt from the frailties OF
other human beings, let him examine well the con-
tents of a certain : tin box'' now supposed to be IN
the archives Of the land conquered by Hengist and
Horsa, the celebrated stable of consular grievances.
After a years reading of the same, let him come to a
conclusion or two as to what consuls might do. 1t
cannot be possible our Minister of Foreign Affairs
considers the treaty in question binding, otherwise he
never would have entered into so many treaties with
other nations, wherein the same privilege is granted
under the parity clause, thereby spreading the evil
from pole to pole instead Of combining it to one nation
only. Here we are then bound in chains to Tom,
Dick and Harry, to Europe, Asia and Africa, and no
longer ago than the issue of the last Polynesian, I
see that the = Kniphausen Heir of Norway is adj
mitted to the rare privileges enjoyed here by other
potentates. All that remains to be done now is to
leg5IlIZe the pleasant notions lately introduced here
by enlightened liberalists in order to realize the long
talked of Utopia, where harrassed felons and much
abused pick-pockets may find a secure refuge from
their oppressors.
If Il treaty embodying so many elements of national
destruction can be proved by rational p~recedents to
be a real treaty, Notwithstanding the &C heirs and
assigns to it, and ought to be needed, [ for one
should like to see it. l have waded through seas of
inanities, said to be Hawaiian diplomacy, but failed
to discover any convincing proofs there. To say that
the French treaty is based upon the principle of
equivalents is simply absurd. just as if any amount
Of &" brandy traffic could be considered an equivalent
or weighed in the same balance with u nations sover-
eighty and Gods justice.
The last POlyneSi0n says: "France being jealous of
her trade in brandes and wines, as the United States
might be of her trade III cotton, and England of her
Manchester goods, could hardly be pleased &C., sc.
On turning to the last annual report of the Minister
of Finance, | find under Custom House statistics the
imports into this kingdom for 1855 as follows United
States, 5000, 400 26; France, 1913; Great Britain and
Colonies. 1928, 749 55.
The Editor OF the Polynesian must look elsewhere
for the motives in continuing this treaty. He did not
shoot very wide of the mark in intimating a collision
somewhere to keep the { tiger out of chains and
.smoral sentiment in a cage. I-rather like the
Editors plainness if it be not the Indifference of dis
pair. 1t is pleasant for n taxpayer to contemplate
that he pays heavily for being sold, and that too
under so beggarly a pretext as 1913 imports per an
mum.
No one acquainted with the subject believed that
there was any vitality in the III. and VI. articles O
liz ShOh tiSh'S uAti 'HO N'SNO Iva &C iNN
well upon Indictment for murder, which, happening
after the threat to : chain the tiger the Govern.
ment was weak enough to concede that it had. 4
greater mistake was never committed, since it gives
some show, and merely show, of reason to insist nov
upon the fulflment of those terms of the treaty. 1
is a maxim of law however that no number o
wrongs can make a right-no number of com
pliances with the terms of an iniquitous treaty car
make that treaty valid. Let 9 Sector lock fal
authorities on that point.
In the case of Rex Uersus Joe Booth, it is admitted
bv the POLgaeSian that the meaning Of the treaty wa
departed from even if it is a law. Read: 1.-The thrt
article was strongly objected to by Mr.. Wyllie upol
the following grounds LIST, That the words an.
crime whatever in the British treaty in legal phrase
ology had a restricted sense, whereas those UNI
crime on DELFT quelcOnque' went further and wer
susceptible of so broad an Interpretation as to proven
all trials even for the most petty offences and private
wrongs &C., sc. CATER a great deal of discussion
the Commissioner of France and II. b. MS Consul
General agreed, as shown herewith, to the effect tina
the said words in the French treaty, objected to b.
Mr.. Wyllie, conveyed no more than the words of tn
English treaty properly extend to-" Joe Booth wa
accused of no crime, yet, Notwithstanding the agree
aaent above referred to, the French treaty did cove
his case. What guaranty have we, except the ter
rOr inspired by our military, that the treaty VII
cease its interference at the pettiest misdemeanors
Our experience of Consular interference should, b.
this time, put us on our guard, let it come in neve
so fascinating shape. [ have always noticed tina
those foreign agents who are most tormented with tn
''liveliest inquietude'' in behalf Of g this interestin!
people " seize most eagerly every opportunity t
renew the assurance Of their distinguished considera
ton.
hold as much as another can, that an equal, o
anything like an equal treaty is a sacred agreement
but I beg to be excused by the admirers of this Frenc
treaty. [ think that it should never have bee
regarded, and I think it should not be now. writ
this with u full knowledge and appreciation of Vattal'
anathenIa against those who disregard the faith
treaties These are his words
AS all nations are interested in maintaining the faith of tire
ties, and causing it to be everywhere considered as sacred an
invioIabIe, so likewise they are jusuied in forming Il confederac
for the purpose of Progressing him who testi6es a disregard to
who openly sports with it-who violates and trample
it under loot Such a man is a public enemy who sap
the foundations Of the peace and common safety of nations
Bat ue should be careful not to ertend this marih
to the prejudice Of that liberty and independence
tghich erery nation has a claim. When u sovereign breal
his treaties, or refuses to fulfil them, this does not imm
diately imply that he considers them as empty Names, al
that he dsregards the faith Of treaties he may have goo
reasons for thinking himself liberated from his engagements, ar
other sovereigns have not a right to judge him. 1t is the sove
eign who violates his engagements on pretences that are evident
frivolous, or who does not think it worth his while to allege al
preenee whatever to give a colorado gloss to his conduct, ar
cast n veil over his want of faith-it is such a sovereign WI
deserves to be treated as an enemy to the human race.
A TAX PAYER.
Mr.. EDITOR The splendid turnout of our fl
department on the occasion of His Majesty's birth da
On Monday last, deserves more than a passing motto