The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1866-12-08
THE PACIFIC
Commercial Advertiser.
SATURDAY, DECEMBER 8.

court. ~ all our readers may not yet De aware
of the facts, We may here briefly state them.
NakuaOle, 4 native Hawaiian. shipped on
board the wAaleship Cornelius R0trlqHd, Capt.
Homan. which vessel cruised the past season in
the Arctic Ocean. The above seaman alleges,
a. also does another Hawaiian On the same YES
sci, that they Were treated cruelty By the master,
and that in consequence Of the harsh reatmenr
their feet ana hands were frozen and they have
become MANNED for life. One Of these suits
was compromised by the captain paying some
thing over $500. That of NIakuaole was brought
before Judge Davis. and nearly all the officers
and seamen connected with the ship We're ex-
amined on one side or the other. Cruel treat
ment was clearly proven, and the Judge has
awarded the seamen $3.50 and costs. though
he had sued for five thousand dollars damages.
The amount awarded by the Judge was about
the sum which put at interest will give him
the support earned by an ordinary seaman. The
unfortunate sailor presents q pitiable sight, Grip
pied as he il for life.
Capt. Holman denied the jurisdiction of the
Court, and at first declined satisfying the judy
ment decreed by it, and was lodged to prison.
On wednesday, however, he came forward, and
settled the whole bill.
We cannot allow this case to pass without
adding a few words regarding the treatment of
Hawaiian sailors. Over 400 natives shipped
at this port last year, and it is probable that
about the same number are engaged constantly
in the whaling fleet. On board of most vessels
these men are treated kindly and in all respects
as foreign seamen; while ON Others they do not
receive the like treatment, but are abused in Il
manner that is shameful and outrageous. We
might state several instances that have come TO
our knowledge, but forbear. We assure whale
ship masters that this course cannot be pursued,
without serious consequences resulting from it.
The Governor of this island is determined that
in future any complaints from Hawaiian seamen
shall be investigated, and if necessary tried.
And any captain found guilty of cruel treatmen
of Hawaiians will not hereafter be allowed to
ship natives. This is just, and 4 necessary
step to protect them. The agricultural in
terests demand that erery a5le-6odied natire be
Kept at home but not wishing to interfere with
the interests of commerce, the old custom of
allowing natives to ship for whaling voyages is
still continued, though with detriment to the
home interests. The heavy bond of $500 re-
quired from shipmasters for every native sea-
man shipped. is simply u measure of protcc; J
ton to ,ifae4iYph7fIiain return. A natiyeters.;
bana~A .L--.e ms oment % Gen ~ sailor
deserves as good treat'n. FrSnn board ship rs a
foreign sailor, and Gov. Dominis will hereafter
see that he receives it.
Some doubts have been raised regarding the
right of a Hawaiian Court to try cases OF cruel
treatment on the high seas. There cannot be
the slightest GOun on this point. Admiralty
courts have full power to try any civil suits for
misdemeanors committed on board of foreign
vessels on the high seas, and criminal suits on
board of vessels carrying the flag of the Courts.
An Admiralty Court is q kind of international
institution, recognized by all nations. as having
international jurisdiction. The Hawaiian Ad-
mirality Court has been recognized by England,
France and America, and its decisions sustained,
in several important cases. consequently, the
decision in the Holman case is just rs binding
as if rendered in Massachusetts,.
This whole subject OF the right of jurisdiction
has been fully argued in several of the decisions
rendered in admiralty. Chief Justice Allen, in
1860, in the case of Elias Young rerSms Capt.
Phillips, stated the law clearly. From his de-
cision we quote one paragraph, showing what is
the recognized province of an Admiralty Court
At the time of the ratification OF the treaty with
France. the Jurisdiction possessed by this Court, "a
a Court OF Admiralty. extended " To all cases oil
Admiralty and maritime jurisdiction (Constitu-
ton. Article 50. and the jurisdiction of our Courts.
generally extended, like that of other Independent
States. to all persons and property. for the time
being. within the territorial limits OF the Kingdom.
whether ashore or aiOat, with the exceptions made
by the law of nations. Our criminal jurisdiction
to try and punish for ofense being cO-extensiye
with our right of penal legislation, embraced the
power to punish all crimes and nisdcmeanors COM
mitted within the Kingdom, whether on board of
ships or on shore, and on board of Hawaiian YES
sells on the high seas. And our civil jurisdiction
extended TO all suits against parties whose persons
or property were found here. rkereSOeCer the cause
of action might have arisen the exercise of juris-
diction in civil suits purely between foreigners
being discretionary, and not compulsory unless
made so by treaty.
We wish this subject fully understood by ship
masters, officers and seamen for the better it is
understood, the less trouble there is likely to be.
There is no port in the world where justice is
awarded more impartially than here. In all minor
disputes between American seamen and their
masters, the Consul has the full power to set
the same. But where there is an open and fla
grant violation of law or private right, the
Admiralty Court will step in, and only in such
cases.
We much regret this case of Capt. Holman,
but the evidence brought into Court leaves US no
room to doubt that the native seaman was cruel
ly treated, AID that the judgment of the Court is
just. 1t is a very severe lesson, Sr the damages
and costs in the two suits can hardly be less than
%, 500, and we trust that its influence will be
good. No master who treats his seamen as men
need fear the law, in this or any other port, for
the same general principles govern Courts in
every country. \ shipmaster who is abusive TO
his men will find trouble anywhere he may go.
The master of the whaling bark Camilla has re-
Gently had eight suits brought against him in
San Francisco by his seamen for cruel treatment.
We intended to make some observations on
American seamen, and laws for their relief. but