The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-04-04

his hands are tied. and he can only refer II 10 his
government. But having no right 10 Try the
offender in such cases, Al that the government
can do j. 70 investigate the matter, and if sufh-
Client cause exists, Is by the law Of nations bound
10 return 10 the representative liz passports, or
inform his government and request his recall.
We now revert u the recent unfortunate &C
curreuce which gave rise u the correspondence,
and Is the occasion OF these remarks. And IN
referring u it. We do not wish 70 ~ understood
a. imputing any motives for its occurrence. The
Commissioner having disayowed all intention OF
wrong, We can only deal with the act ,tS.J, aside
from any causes which led to it. We say "un-
fortunate. for it could only be 50 with any per-
son who from any accident became a party 10 il;
and it Is hardly less 90 unfortunate" for the gov
eminent which has allowed the affair 70 ternin-
ate a it has.
Although i; appears clear from the authority
which We have before quoted, that any citizen
has - right 10 r~etaliate au injury OF assault COM
mittei BY a diplomatic agent. q GoHe at the tune
Inc INJURY IS o%oyylHed, Yet no citizen has Il right
10 take any redress afterwards That, a. We
have seen, belongs to the government. The evi-
dence ON the first page Is sufficient 10 convince
any one that the act of drawing a deadly weapon
for q supposed hostile purpose, was an open tres
pass of private rights, while the act Of arming
with i bowie-kuilt was u defiance Of local au-
thoritie> and law. Had the act been done 10y 4
RESENT or by u native. does any one question for
= moment that he would, on the same evidence,
have been held responsible 10 the law, and been to-
day before the court for trial? Or had the case
been reyersed-Iad DR.. GuiIlou or we called on
the Commissioner during the excitement of the
Consular Investigation, and attempted to carry
our point by displaying a weapon, and showing
that we were prepared for any emergency that
might ariss-does any one doubt the conse-
quences? Not for Il moment. Either OF us
would have been held to the fullest ycaaHy of the
law applicable in like ofcnscs. Our DlohreS may
have been those of the yUreSt patrioHNnt, but
would they have availcd anything? What we
wish 70 illustrate is-that there has beea such
oHense and cause OF complaint, as under other
circumstances, our courts could and would have
entertained.
Admitting this, the government was under
obligation to take such action in the matter as
would nave been equivalent to any action which
the courts might have taken. If the case was
ono which would Mcrc have called for and re-
ceived Justice. it was one that equally called for
and should have received it from the govern
ment. The rights of a citizen are none the less
sacred, nor the demands and authority Of the
law any the less worthy of respect, because the
oflense had arisen on the part of Il diplomatic
agent. The one demands some assurance of that
protection which has been voluntarily rendered
on the part Of the government to every citizen,
and which Is part of the compact Of allegiance
between the citizen and the state; the other
loudly demands chat its authority and dignity
shall be- as clearly indicated rs if the case had
received the Judgment Of the courts.
But how has it resulted? Oar complaint was |
properly referred to the government, which c
called for an explanation from the American
Commissioner. The explanation was promptly |
made-and it is probably all that under the .
circumstances, could be made. Whereupon 4
decision is given, that We are left Z. ,cithon qny
reasonable ground IF complaint 'chaferer.' Pri- t
vltc premises can be entered by Il person armed Il
with a bowie-knifa, with apparently hostile pur- o
poses, but an apology removes all . ground of b
complaint, if it chances to be from 4 diplomatic n
agent. An attempt can be made to control or a
influence the press, by the display of weapons, 8
but an " explanation that no wrong was really Il
intended, removes all - reasonable ground of c
complaint" The Commissioner is lauded as :
9 Christian and = gentleman = for arming him =
with a bowie-knife, while we, the aggrieved -
ldi y . tlt Atib'4NA CiAA NbilA AJl SCAibChlhAi' ~ al
cause we failed u provide or use such a weapoI, =
because We chose to refer the case to the gov "
eminent. If this is not hearing insult ON injury, Il
i? Such appears 20 be the ridiculous pos
ition of the government in this grave matter,
and such the real decision it has given. -
We regret the course which it has adopted, It
several reasons First, no law can with i'm !
punity he violated, as 1t unquestionably has been 81
lefed and violated in this instance, without the 9
sustaining a loss of public respect. m
\ judicial court that has not the power to compel b,
obedience to its mandates, or which fails to i'm
Il penalty where a penalty is clearly de- &C
must fall into disrespect. Not less SO tn
with Il government. The recurrence of such is
Genes. allowed to pass by or to be smoothed over
a simple explanation" or apology, to the m
fleet that "no wrong was intended = must be
reaken plbHc onfdcncc in the ability or willing ca
of the government to perform its part of the IN
Of aiforIing tuH prOisctioR to the persons y
md property Of its citizens. Where the author "
ty of q government is undisputed and its laws :"
lilly carried out. every citizen feels safe, and full
Glance and confidence in it exists. Such is the -
in England, France, and some parts of the
-nited States. The carrying of a weapon there
OF selfprotection would be ridiculcd while in te
'lexico, where the government Is weak and i'm "
a citizen is expected to arm and protect la
himself. cI
Secondly-we regret this decision, inasmuch as, i
eft a. the matter now stands. without the public
ssurance Of any different action in future cases Of Y
he kind, every citizen exposed TO assault viii be 4,
to provide for himself that protection Il,
which the state has promised, but fails to award
II even to give any assurance of. Less, no one can
re expected to do. just so far as our citizens are VI
,m,au,d ?, I'D, g. H. or, n-,+,,,ia, al
~ F' "