The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-09-23
THE PACIFIC
Commercial Advertiser.
THURSDAY, SEPTEMBER %.

zens have the right to discuss, approve or con-
denim every act of the government-especially
when such act conflicts with the interests of the
State or its people. Herein is based one of the
strongest bulwarks which give a constitutional
government its superiority over a dictatorials ys-
TEN, where free discussion is hampered or sup
pressed. 1t was to defend this right against the
avowed and open hostility TO it by n ministerial
organ that this paper was established, and, if
public sentiment is the criterion, it will be tri-
umphantly sustained.
We have undertaken to discuss the merits of
the French treaty. and, after examination, most
unequivocally condemn it. In our community
there is but one opinion in regard to it, Except
ing only on the part of those few who are en-
ployed and paid to defend it. right or wrongly
and that is, that the treaty is one of the most ini-
quitous measures ever imposed ON this govern
ment, hardly an improvement ON the treaties of
80 and '46, which it supplants. In the express
i've language of one fully competent to Judge, sit
is the most hotch-potch mass of confusion that has
ever issued from the Foreign Office All classes
have the right to discuss ii and all will condemn
it. and their views will not be influenced by the
arbitrary ideas advanced by the Minister who has
fathered it, or by those of MS official index.
We have already adverted to several of the
prominent faulty points in the treaty which we
printed last week. There is one point, however,
in which usage is so widely departed from, that
the principle which the treaty yields can be viewed
in no other light than a gross contempt of our
judicial reguIa lions. This is the right to admin
lister on the estates of deceased subjects, embraced
in Article XXX. 1t is n fundamental law of ter
ritort,t riohr ac+ lT;gb,oI r. IL IL IT
nations, that {" consuls can exercise no judicial
powers" This view of territorial right is recog-
nized in all European treaties. In the treaty with
Great Britain, Article IN is drawn up in con-
formity with usage, and allows the interference
of consular authority on the demise of a subject
~intestate, only 6 until an executor or administra-
tor be named according to the laws of the coun-
try in which the death may have taken place.
The treaties with Bremen and Sweden and other
powers recognise this principle of territorial
right.
In the French treaty this is not recognized, but
a new principle is advanced, which we suppose is
hereafter TO be established-that the consul is the
only person fit to be entrusted with the settlement
of such estates. The third section of the article
grants to that official the right
g. To cause proceedings ia take place, according to the usaees
Of the country for the sale Of the movable goods belonging to
the estate; in fine, TO administer or Iquidate, personally or to
liquidate the said estate, without any interference by the local
authorities, in these new operations.
1t is quite true that the So local authorities,
are allowed to be present at such proceedings, If
they choose; but the inference is, that when such
full judicial and administrative powers are taken
from them by treaty stipulations, they will not
choose to interfere or be present. Were this rule
confined merely to the affairs of Frenchmen. its
irregularity might not be noticed. But the right
is conceded by parity to every consul that chooses
to establish himself as a public administrator a
branch of business which. if introduced to the
United States Consulate, will afford employment
for the services of at least one active accountant.
The 8. Additional Article provides for an appeal,
but it is doubtful whether it will ever become
available. This right, which has been granted by
the treaty to the French Consul can only be
viewed as a bold Infringement of the usage and
principles OF the law of nations. The effect of
this concession on the part of our government is
to degrade it to the level of an uncivilized tribe,
without laws or an established udiciary-the
very position in which, it would appear, it has
been aimed to place it.
We have not alluded to all the censurable points
in this treaty, nor to the apparent antagonism
in which the executive and Legislative branches
of the government are placed by the tenth ar
ticIe, changing the present laws of raising revenue,
nor to the question of constitutionality which
can be raised thereon but have pointed out
enough to show that it may become a potent en-
CINE of evil against our government, an instru-
ment that, before the ten years of itslimit are e-
pired, may have threatened our very existence as
an independent nation. Ina document drawn up
with 50 much looseness and ambiguity, time alone
can deyelope all its evil. We have shown in our
last weeks issue and in this, the following rea-
sons why this treaty should never have been rati-
fed, and can only be followed by evil conse-
quences
lst.-Its great ambiguity must give rise to
more or less trouble in all cases of dispute be-
tween this and any foreign government.
2d.-All its provisions do not apply Except by
to the colonies of France in the Pa
cifc, and therefore the operation of the treaty
must be a~djudged partial.
3d.-Liberty to carry on an inter-island traffic
in foreign goods, as well as to engagein the inter-
island passenger trade in the Hawaiian kingdom,
can be claimed by French vessels, without any
corresponding benefit to Hawaiian vessels in
French territories.
4th.-ln case of a rejection of the additional
Article unrestrained liberty to sell liquors to
natives, within and without the limits of Homo
lulu, can be claimed by French subjects.
5th.-The Hawaiian government is compelled
to the official use of the French language with
French subjects, and by parity other foreign Ian
guages must be introduced in like manner.
6th.-The right of a foreign government to in
to-co-o - 1,,- So~coI Gsool .o-~lx.o-. - III
yielded as a precedent. 4
7th.-The stipulations of the treaty must cause
a heavy loss to the Hawaiian goyernment-esti-
TO exceed $780, 900 per annum.
sth.-Heavy expenses must be incurred by this
government, in supporting revenue guards sta
on foreign vessels.