The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-02-09
Acting as II. b. VI. Commissioner and Consul Gen
To JoHN THoIAS WArERH0UsE, Esq, Honolulu.
TIE WILLIAM L. GREEN, Esq, Her Britannia .uyes.

TIE WILLIAM L. GREEN, Esq, Her Britannia .noJes-
fy'S .4ctiag Commissioner and Consul General:
SIR Il beg to acknowledge the receipt of your
favor of 18th inst, enclosing a copy of the communi-
cation from His Excellency the Minister of Foreign
Relations, dated Both ult. also copies of the com
munication addressed by His Excellency to the Min
lister of Finance. and the reply of the latter also
copy Of q communication from Mr.. Pease TO the Min
lister Of Finance, with sundry documents referred to
in the dispatch of His Excellency the Minister Of
Foreign Affairs.
- 1t is true the points are discussed by their Excel
lencies. the Ministers of Finance and Foreign Affairs,
and a wrong impression may be made by their pub
LEGATION in the Government Organ without my being
able at the same time to make Il reply. | would
respectfully Call your attention to a few facts in reply
that may better explain my true position, and present
my case in a simple, matter-ot-fact light.
The Minister Of Finance states that my deduction
of the lst section of the Code is evidently erroneous.
would respectfully submit that l know Of but one in
terpretation, and that is a common-sepse one, that tie
statute means just what it says, VIZ mo written
law shall be obligatory without being first printed
and made public" This applies to past, present and
future laws.
And it is also stated the Civil Code prescribes a
rule for itself, as laid down in section 1892, This
Code shall become the laws OF the land on the 1st day
of August, 1852
His Excellency, the Minister of Finance, processes
the law TO be published on the 2Sth May last by
hOtiN ~ L nav SA4NltHN ACdd ONtl lHC dFt
which Is amongst the enclosures from the Minister of
Foreign Affairs, but [ have utterly failed to discover
either myself, or by the assistance of intelligent
friends, the publication according TO the Civil Code,
but find n mere extract by Authority of sections 479
to 0O4. | made every effort in my power up to the
LIST of October to purchase the Civil Code. but was
unable so to do until in the early part OF October,
when it was for the first time published by Authority
III the Commercial .9irerfiSer.
The Minister of Finance states that it is hardly
possible for me to have forgotten that the .4drertiSer
inf Tn pnl col 3, 49,. l~l- Cd - /
in ample time to advise me of my rights and respon-
sibilities. L have not justice done ne in the state
ment when the assessors had TO make their retdrns
on or before the first day of September in each year,
&c. You must perceive it is entirely manifest that
there Is IL great error in this respect.
| would submit it is an entire Code, or nothing at
all, ana | conceive mine to be Il case of special protec-
ton by my Government.
In reference to my application for an auctioneer's
license, there is some wrong information. The fol-
lowing are the facts
| sent my clerk in the latter part of May, or early
in June, with "A written application for a license. and
which | was informed was placed on record in the
office of the Minister Of the Interior, and have in my
possession a copy of same, but cannot lay my hands
upon II at this time without much trouble. | was
informed mine was the first application. Early in
August, Il card was put in the newspaper by two of
the present auctioneers,. that the public would have
to pay the government tax Of one per cent, and con-
sequently sold without paying any license. 1t was
reported in the public street that | would not be able
10 obtain my license, as | was not an Hawaiian sub
| waited upon the Minister of the Interior and
him / had called for my reply to my request
several weeks ago. He demurred to giving a third
license, as 1t would injure the present ones. He in
formed me he would refer it to the Executive.
| had my reply after three months delay from the
o. application in writing, stating that there
three appointed, and that was as many as
he law provided for. | had in the former con-
Versation stated my desire TO sell my own goods, if
ne, in this manner, and would be willing even
to give the Government $500 per annu=1, besides the
auction tax, with bonds required by law, yet was
unsuccessful, as all thse gentlemen that applied
after myself, aud received their licenses Gas n matter
If course), were Hawaiian subjects.
| desire that you should know the facts, as there
appears such a desire on the part of the Minister of
finance to make it appear that | have made erroneous
errors, mistaken opinions, sc.
la regard TO auction license, | feel quite content in
Is present position, rs u subject for the consideration
f the two Governments, to be settled by general
principles, and have no doubt but the matter will be
placed before other Governments.
| would also remind you that the Judiciary here
ire a part of the Executive and Lord Palnerston's
decision in the Greece case will sustain my position
Is it now i.
L have the honor TO be, sir,
Your most obedient servant,
(Signed) JOHN THos. WATERHoUsE.
UcDo'ulu February e 1SGO