The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-02-09
r NJ CoxsrLArE GExrnAL. }

SIR n1i the NcAUl ~ ANNt''N va
Your Excelleucy'. dispatch Of Soth January, respect
inc rbe ecmplaint Of MIR. J. I. Waterhouse. and en-
CLOSING comics OF YOUR communication TO his Excel
lepcy the Minister Of Finance en- the same SUBJECT
and his reply: also Of the reply of Mr.. Pease to the
latter. as well as the other documents, copies ana
originals, referred to in said dispatch.
The full and careful manner in which your Excel
lency. as well as his Excellcncy the Minister OF
Finance, have been pleased TO explain your views OF
the different points referred TO in Mr.. WAREHOUSES;
COMPLAINT. can only be regarded by me as a proof Of
the desire On the part Of His Hawaiian Majesty's
Government to cultivate the friendly relations SO
/ long existing between it and the one | have the honor
temporarily to represent. more especially aS your
,Excellency considers the complaint rs one Of which
your ExcelIency was not by strict diplomatic rule
compelled 10 take cogniZance.
can bear ample testimony 10 the truth Of the cir
cumstance Of which your Exccllenoy reminds me,
that II. Is. Ms Commissioner and Consul General.
m. Miller, Esq, always inculcated the principle OF
direct taxation in preference 10 duties on imports as
a meansof raising revenue What his views might be
upon the policy Of imposing direct taxes at the same
moment that the duties on the importations Of ge&~
eral merchandise are doubled, while stamps, licenses
aud other imposts are increased IN like proportion, as
Is done by the recent statute laws of this kingdom, Is
not 50 apparent.
But whatever his opinions may be on these points,
they would seem 10 have only a very remote bearing
on Mr.. Warehouses; case, as | do not understand
that this gentleman objects 10 the tax itself, but only
to the manner in which he has been assessed.
\ tax may be eminently just in principle, while the
mode Of leyying it may be quite the opposite. a dis
tinction which your Excellency will readily recog-
nize.
Your ExcelIency will not expect me in this place TO
do more than allude to Mr. Commissioner Miller's
views on the principle of free trade, and 10 your argu-
meuts against their applicability TO this kingdom, as
detailed N the appendix to your Report on Foreign
Relations of 1855, to which you refer me. | would
only remark that II appears TO be the misfortune of
that principle, that individuals and nations, whilst
they almost universally approve of it and ecommepi
its application TO others, only demur and object when
it is proposed TO apply it to themselves.
| have perused with attention your Excellency's
exposition of the general principles on which a diplo-
matte correspondence should be inaugurated and
conducted, particularly with reference to any griev-
ance supposed TO be suffered by Il foreiy resident,
and | have carefully referred to the decision of the
British Government on the 18th of September, 1913,
on the complaints of Mr.. Charlton and other British
subjects, As well as to the advice and opinion of the
late Sir John Dobson in that case. Also to the de-
clarations of the British Government in 1S43 to the
United States aud France, respecting the policy to
be pursued towards this kingdom; 10 all of which
you refer me. Nor can ] neglect to bear in mind
what your Excellency has recalled to my attention,
that - the Emperors of France and Russia have de-
clared themselves to be the protectors of ~independ-
ent nationalties,'' AMI ''that it Is well known TO be
the opinion of the Right Honorable Lord John Rus
sci, that the small States of Italy should be gov
erned by rulers selected by themselves"
| only regret that anything either in the matter
or the wording of my short communication Of 25th
ult., should have induced your EXcellency TO consider
it necessary 10 remind me of these illustrious exam
Piles Of torbearanee and fair dealing towards smaller
states.
The rule that alleged grievances should not be
made the subject of diplomatic correspondence until
the party feeling himself aggrieved has sought re-
dress, and in vain, before the tribunals of the country,
seems perfectly IN accordance with the authorities
and examples to which you refer me, as well as in
agreement with the dictates of reason and justice.
To what extent it may be sometimes e~xpedient
anA nj NfGa hia 70 rntax tina Yri.r INT prF N fEpn ~ this
rule may perhaps be a subject for consideration, rs
may also the determination as TO whether Mr.. Water
houses case presents any features to entitle it to
rank among the exceptions, rs | cannot suppose that
the ground which your Excellency informs me you
intend to take in future IN such cases, is meant en-
tirely to debar the Representatives of Her Britain
mic Majesty and other governments from the privilege
of placing themselves in COMMUNICATION with your
EXcellency on these subjects.
Your Excellency calls my attention to the course
which II. b. NJ. Commissioner and Consul General
would have taken in this matter, which your Excel
lency seems TO have no doubt would have been to de-
cline to receive Mr.. Warehouses; official complaint.
The case of Henry Nathan, Esq, respecting which
you were so kind as to forward me all the documents,
and TO refer ME as bearing upon this point, is in
many respects interesting and valuable.
1t seems however to partially fail in its applica-
ton rs an example of the Iule by which General Mil
Ter would have been guided on the present case,
lnasmUch rs the complaint Of Mr.. Nathan was not
only received by him, but became the subject Of Il
long official correspondence with your Excellency;
ShS Nbl punt wi my phcFi iAt'A 1BtNdi ing ~ Dts
that copies of that correspondence were not trans
mitted to II. b. VI. Government, ''because, as you in
form me, the counsel dor Mr.. Nathan had omitted to
seek relress for him by an appeal from Mr.. Lees de-
cisOn within the period required by law" The par
ticullrs of this case, and your Excellency's comments
upon it, leave upon my mind the impression that the
representations of II b. VI. Commissioner would have
been very valuable to Mr.. Nathan, had not the period
allowed by law for an appeal unfortunately expired,
and that had it not been for a technical omission,
Mr.. Nathan would have in all probability obtained
the justice he sought, either through the courts Of
this kingdom or through the Representative of his
Government
That the general course II. b. NJ. Commissioner
would have adopted in the present instance would
have been in strict accordance with correct diplo-
matte rule and equitable principles | cannot for one
moment doubt but rs to the precise measures he
would have taken in this part Mar case | feel my
self quite unable to decide. Unfortunately, as at the
distance l am from him the responsibility of what
ever course l may adopt in performing the duties
which temporarily devOlve upon me, falls solely and
entirely upon myself, | am compelled to exercise my
own judgment, as the cases arise, and it would only
add to my embarrassment to hesitate between the
course which that directs, and the one which another
might prefer to pursue.
In giving course to the complaint of Mr.. Water
house, your Excellency will no doubt note that |
made no claim whatever on His Hawaiian Majesty's'
Government; in his name, but merely presented his
case for consideration, at the same time asking for
explanations. In the latter object | have, through
the kindness Of your Excellency, been successful.
The position which alone it was my desire to as
III d'lIIeSSluS your LAccllency, was not one OPP
posed, As | understand it, to the rule inculcated for
British Consuls by the high authority of Lord Pal
merston in 1887, and TO which you refer me.
The complaint of Mr.. Waterhouse, although ap-
peariug to me in many respects reasonable, Is not |
am ready to admit Of that iucontrovertiL nature
which would induce me ut this stage OF the case to
persist in an appeal for relief through your Excel
lency TO His Hawaiian hajeSty's Government, still 7
less to make any demand on them in his Nance: and
more especially after the assurance of your Excelien-
cy and the Minister of Finance that the tribunals
. 4hn kTnvl1r arn arE,.+l- $780,. -, Ii.
those tribunals | have recommended him in the
mean time to apply.
| should however perhaps state that previous to
your Excel!ency on this subject, this
methoi OF ohtaiming redress had heen snrrested hu