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

without entaiiing upon Mr.. Warehouse the
aud annoyance of perhaps a long lawsuit NPese
The difficulty in which he i placed is one ovid,
arising from the state Of the law on the subject ~ ~,
assessment, which, rs the Minister Of Financo He
ready to admit, is faulty, for he observes +. . TIA, sa.
its details, it Is quite possible that many defects !"
ist,' and again he remarks, - for my own mar a-
see the necessity for many changes, both in regarSa
I assessments and collections" Nw
1t is true the confidence that YOUR Fxce,,o.-
places~in the knowledge and judgment of the as.ssa".y
of this district, qualities which would stron,ly ,enS
alleviate the evils Of any defect in the law. i cloa uio
eyinceI by the fact, Of which you inform me
YOUR having paid without question taxes on ssI -
whilst Mt the same time you would have been glai -
accept $40, 600 in cash for the property 50 ape 49, ! 70
Still it can hardly be expected that others no, b,r;.-
your ENcellency's opportunities of being acou,in,s
with those assessors, should have the same pbonnSsi
confidence in them, nor ought il perhaps in str;ctH"N
10 be advanced ns any precedent for others ,ba,S
principal officer Of His Hawaiian Maiesty's Govar
ment is not dissatisfied with an over assessment nj
by it, own officials.
As this matter now appears to stand. diyes,ir.u.
of all subtilities, and apart from any refpemans
argument either on Mr.. Warehouses; view - !;
that of His Hawaiian Nfajesty's Government. ;bs "
peal from over assessment through the oniiuarv ~
bunal, alluded TO in your Excellency's disp,,.b
not, l humbiy conce We, such an appeal As a -
payer, be he native or foreign, Is fairly entitled .
demand; il is not, | would respectfully submit, ~
appeal to which the subject of a foreign government
who is over assessed should be compelled 10 res,r,
and | would respectfully beg TO request of 'yonr r.
celency. if it is IN the power of HIS Hawaiian Ma
iesty's Government 10 remove the difficulty in which
Mr.. Waterhouse is placed, as the law stands. tina, !,
may be done, without compelling him to take The
ordinary legal course. which NAV probably be ~
expensive and veXatIous.
have carefully considered your Excellencv's y;aws
on the subject of the Interpretation of the WORDING =,
the second article of the British treaty AS bearing
the claim of a British subject for an auctionee-,s n
cense, rs well as those of the Minister of Finance on
the same subject, and the explanation of the latter
with regard TO Mr.. WAREHOUSES; application 7
would beg TO call your EXcellency's attention TO WIN,
| cannot but conceive TO be "a miscoustruction both on
the part of your Excellency and of the Minister of
Finance of the paragraph in the 2nd article of the
British treaty, quoted in my last dispatch as bearipc
on this question.
The whole sentence stands thus-"They" that is athe subjects
OF each of the two contracting parties" may remain and re-
side in any part OF the said territories respectively and hire and
occupy houses and warehouses; and may trade 10y wholesale n
retail in all kinds Of produce, manufactures and merchaudiseo Of
h"IuI conlmgrcei eLy'9n ue same exemptions AMI privileges
as native subjects and subject always to the same laws ana es-
uuiished customs as native subjects" As l understand this
sentence the words "cIJoying the same exemptions and pryf-
leges as native subjects do not refer particularly or solely tot the
RETAIL but quite us much to the first clause commencing ~they
may remain aud reside" sc. for your ExceIIency will Sbs uxS
in the original Cor At least rs printed in the Civi Cale) mai
there is the same separation by a semicoiou between the second
and third clauses IS there II between the first aud second. thus
giving the words 'eujoying the same exemptions and priyBeses
as native subjects an independent aud general reference besides
embracing At the same time trade by wholesale and r,t,H = \,
which latter alone your ENcelency and the Minister nT FIn,,co
business of an auctionrer ny yb.rter :. - Sm"Iaces The
in my humble judgment preserves the same force as hearing
upon the point II question.
The Minister Of Finance asks If Nh. waterhouse "wopIi M,
tain the right To own and SAL merchant vessels under h. Ia
waiian flag, because Hawaiian subjects are entitled 10 ~ In
ternaionai law as affecting merchant vessels is almost \ enieos
itself. and its general provisions are peculiar and esceu:ionnl
whilst at the same time they are so well understood that con-
ceIve no valid argument could be maintained on "A consilarstyo,
of this kind. For il it be claimed that the business 1f .n m
toneer may be confined To Hawaiian subjects. because he rn
cipIe Is admitted in the case Of Hawaiian shi1s. what = 10 NJ,
vent the same principle being still further carried out. = rs I,
conhne 70 Hawaiian subjects the business Of broker or banker
also cannot be brought under the desi@Ha aHa pso'ssaonI which
ted on as imllTtGnL hE gOur ENcr1eurN of alraI. h. vIlt.a-
or retail TT view Of the question which / cannot supuaSe
your EXceieiE'y would sustain, leading a. il docs TO a result so
anomalous.
should have been glad If your Exceilency had been able I,
state whether there was any British law which womb n, ,,snt
AN alien from obtaining "A license in England a. IN ,r,ionsa
as should this be the case. Of which / am in some douht il w,,Id
unquestionaby have an all important bearing on the present
you cannot call To mind one alien who acted AS such. l car read
lily conceive, AS it is not a business ia which a foreigner wnuId
be likely to compete successfully with a native # the country
perfectly familiar with the English language; while On the other
hand had there been aliens so acting, who possessed the latter
qualification, It would have been difficult for your Exceuepey 10
recognize them as foreigners.
In the light in which this question nmy nreser,s i,s.lc 4 ho
comes rather a subject for mutual consideration and settlement
on general principles than as a ground for any specific claim,
and / shall take an early opportunity Of presenting II 4, the no.
tice of Her Britannia MHjesty's Government.
/ cannot conclude without here observing thai I feel mvssY
under an Obligation to your EXcellency for bringing to nv notice
the practice OF the Hon. j. W. Borden in settling all the great
aud complex interests committed to his car. chiefly nv vsrbSI
discussion exchanging official notes with your Excellencv onIv
when necessary Tor the sake OF record. / need hardly "a that
this is an example which it will in future be my most anxirus
endeavor to initiate, although il exhibits a proficiency in me
practice Of diplomacy which | can hardly expect Ia a,tai, in ,e
short period in which L am likely % have the opportunity of X
ercising ii. Still as the matters committed to nv charge viii I
success.
1 am happy to have this opportunity Of assuring opr FxcsL.
lency Of the distinguished consideration and respect with which
/ have the honor to he, Sir.
Your most obedient and humble servant,
w. l. EuFEG