davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1869-03-31

again to the ordinary mind it is difficult to per-
ceive how the gentleman gentlemen, who as agents
kares and FOOLS than those who receive these con-
tracts get the benefit of them aud pay their money
for them; and in this respect, very large proper
ton Of the most respectable men in this community,
including most brilliant lights, who have lately
set themselves up as guides to the nations, may be
defendants against the imputation ignorance and
knayery.' '-Gdsehe.
"During the temporary absence of the
publisher of this paper, the official organ
has once or twice made statement similar
to the above, intimating that he or Others
connected with this journal have engaged in
the coolie traffic, which is now condemned
as wrong. The statement, like many Others
which appear in that paper, is devoid of truth,
and would not be noticed but from the fact
that the Government organ is under the SUI
pervison of Charles Coffin Harris, ESQ.,, who,
if he knows anything of the case, must have
known the statement to be unfounded, and
is therefore responsible for it. The facts are
briefly these:
In 1916, a coolie was imported by Mr.
Graves for gentleman on Kauai, who did
not wish to receive him, as he had agreed to,
and offered him to the publisher of this paper,
who took him, not under his old contract,
but under new one, which the Chinaman
entered into with the same freedom as a ma
tive would: under this agreement hereeeived
eight dollars month instead Of four as his
contract stipulated and was released from
the obligation to refund his passage. It was
a voluntary service, entered into by the SER
want, which has continued, with temporary
interruption, for fifteen years"
Now is not that good Is not that
richness y Which of the statements quo
ted from us is devoid of truth. Have not
very large portion Of the most respect
able men in this community received the
benefit Of the contract and paid their mon
ey for them? Is this statement untrue?
And among them, j. e., among those res
pectsble gentlemen, have there not been
some most brilliant lights, who have set
themselves up as guides to the nations :
Or, are all the brilliant lights,-the Pro
prietor of the Independent Press" or
those connected with his Journal. There
is no one about this Office that knows who
are connected with the +" Independent
Press" except the proprietor, and his
direct ostensible and acknowledged imme-
date employees, and we have inquired Of
Mr.. Harris, and find that he likewise, is
equally innocent Of any knowledge beyond
this. There does not seem to be any allu-
sion to the editor and publisher, except,
under the head Of some of the most bril-
liant lights, or that he and his associates,
whoever they may be, constitute ALL the
respectable people in the community,
for the purpose of bringing in his
Chinaman, he must conclude that he
constitutes all of them-the said lights
since any allusion to light, which sets
itself up as guide to the nations, must
include or mean the proprietor " afore-
said Mr.. Harris advises us, that he was
entirely unaware what the proprietor
The Hawaiian gazette., 1869-03-31

As several have expressed desire to
see more Of the style of argument that is
advanced against Reciprocity Treaties,
there will be found, on our outside, so much
of Senator Morrell's argument, as is per-
tinent to the matter, as far as it interests
us in this country, and was not printed by
us last week. Our readers will find it in
teresting to them. No one view as ex-
pressed by the Honorable Senator is extern
sively entertained, but yet some arguments
weigh with one person, and some with an
other. 1t is not the same motive that i'm
pels all to one common end. One motive
has weight with some, and another with
others. 1t is evident that the Constitu-
tional argument has not heretofore, had
much weight, since two-thirds of the Sem
ate voted for the Canada Reciprocity Trea-
ty, which was abrogated few years ago.
And now the friends of such a measure for
Canada, have strong hopes, and it may be
said, expectations of carrying a new one.
It is against them that Senator Morrell's
exertions are directed, for his State (Ver-
mont has conceived the idea that Reel
procity with Canada is adverse to their
interests.
The Parity clauses in Treaties, !. e., the
clauses, by which one nation agrees that
the commerce of the other, with which it
is making treaty, shall be treated, both
for importation and expectation, at the
Custom House, as that of the most IA
vored nation, have not been held as apply
ing to Reciprocity Treaties. And what
ever claims, it may have been intimated
would be advanced, by any third parties
in consequence of the former Canadian
Treaty of Reciprocity, it is certain that
none ever were advanced, or if advanced
none were insisted on successfully. On
this point, Lord Stanley, when Foreign
Secretary, replying to certain interroga-
tories, in the British House of Commons,
touching Reciprocity Treaty between
Portugal and France, remarked:
"In answer to the question of the honora-
BILE member, beg to state that treaty Of
commerce has recently been concluded be-
tween the Portuguese and French govern
ments, admitting French goods on more IA
vorable terms than heretofore to the com
petitive disadvantage Of the British manu-
facturer. but inasmuch as that has been
done in return for certain special concess-
ions granted by the government Of France,
the existing treaties between England and
Portugal do not give US any right to protest
or complain on that account"
The Hawaiian gazette., 1869-03-31

John H. Wood Us. RookiaG.-ALLES, c. j.
This is an appeal from the Circuit Judge of
Oahu, on a complaint for wilIful desertion of
labor. 1t appears from the evidence that the
respondent entered into contract, on the
18th of October, 1864, to labor for the term
of thirteen months for the complainant, for
wages at nine dollars per month, finding
himself 1t appears that he had deserted sew
eral times; that at one time, after an absence
of about year, he was arrested and penal
service imposed, and ordered to service. But
the case before US, at this time, arises in the
following manner: The respondent was ar
rested for dcsertion, brought before the
police magistrate of Honolulu, and judg-
ment was given against him, from which an
appeal was taken to the Circuit Judge, in
January, 1865. The Judgment of the Circuit
Judge was that the respondent should return
TO laborfor the complainant for eight months.
The respondent returned to service and con-
tinued there for more than eight months, and
deserted. complaint was made that he
had not complied with the judgment Of the
Court, because he had not, in fact, worked
but one hundred and fifteen days on the
Judgment, when he should have worked two
hundred and eight days. Judgment was
given against him in the Police Court, on
which an appeal was taken to the Circuit
Judge, and he reversed that Judgment from
which the complainant appealed to this Court.
The books Of the complainant were offered in
evidence, to show the time the respondent
had actually labored. 1t appeared that the
complainant made out weekly statement of
labor performed by his employees, and that
each one had a small book in which a week
ly statement made Of their labor was entered,
and that the respondent had one of these
books Objection was made to the introduc-
ton of this evidence, but the Court regarded
it as of very satisfactory character, from
the fact that it was virtually an agreement of
the amount of labor performed during the
week, unless objection was made before the
Court, and sustained by the oath of the re-
spondent, that the account was Incorrect
which was not done in this case. 1t appeared
by this evidence, that one hundred and if
teen days labor had been performed from
January to September, 1865, and that the re-
spoudent was frequently absent without
permission.
The complainant states in his evidence
that he did not supply the respondent with
food regularly, and did not pay him, as he
The Hawaiian gazette., 1869-03-31


and afterwards, when he finds that the
simple native woman, from whom he says
he derived his information ~ will not con-
firm his statement, and denies the whole
of it, intimates that she is telling false
hood about the matter, and that there +" is
no knowing what influence has been
brought to bear upon thcn mother and
daughter) to make them " change their
apprehension Of what then transpired, and
of what they soon after stated" One
naturally stops and says to himself So
this teacher of the people puts forward
statement regarding an estimable lady,
who is doing public duty, without further
inquiry, on the statement that one told
him, who, in her turn, says she never told
him any such thing.
Now, if it will be borne in mind, first,
that the Yigilant" gentleman did not
think it worthy of the exercise of his
" Vigilance" to go and verify the state
ment which he alleges to have been made;
and second, that the native woman in
whose favor he raises his warning cry, is
not alleged TO have sought him, but he is
acknowledged to have sought her; when
" Vigilant" gives the suggestion, which is
above quoted, as what be is willing to put
forward as his estimate of the value of her
evidence, to wit, that he believes them to
be people who, under influence, twill
change their apprehension of what trans
PRED" ETC., it will be apparent to the most
careless, what weight is to be given to his
animadversions. Let our correspondent
be assured that everyone appreciates these
things at the proper value. "Vaccinator"
and "Vigilant" are very intimately con-
nected. The mode these people have of
testing the reliance which ought to be
put on their statements is most remarka-
BILE being the number of people which,
they say, take their paper and pay for it
which, according to them, is something
most marvellous.
The Hawaiian gazette., 1869-03-31
Liberal Advances Made on AN
Shipments per steamer.

Cargo for San Francisco win be received
at the Steamers Warehouse, and receipts for
the same given by the undersigned. No
charge for storage or carriage. Fire risks In
Warehouse not taken by the Company.
Insurance guaranteed at lower rates than BY
sailing vessels. Particular care taken Of ship
ments Of Fruit.
All orders for Goods to be purchased in San
Francisco, will be received and filed by return
Of Steamer.
Shipments from Europe and the United
States, intended for these Islands, win be re-
ceived by the Company in San Francisco, II
consigned TO them, and be forwarded by their
Steamers to Honolulu, YREE or CHARGE, ex-
cept actual outlay.
Na-P Passengers are requested to take their
tickets before ~ o'clock on the day Of sailing
and to procure their Passports
All bills against the Steamers must be pre-
sented before two o'clock on the day Of sail
ing, or they viii have to lay over till the re-
turn Of the Steamer for settlement.
II. HACKFELD 4 CO.,
Ism Agents.
The Hawaiian gazette., 1869-03-31
PUBLIC SCHOOL NOTICE.

The Board of Education having decided to
establish in Honolulu, Day-School, for the
benefit of the English-speaking portion Of the
community, and having, for that object, en-
gagged the services of Mr.. M. b. Beckwith
and Miss Atherton, hereby give notice, that
such a school will be opened, on Monday, the
Sth of March next ensuing, in the basement
rooms of Fort Street Church, where it will be
carried on, by permission of the Church Trns-
tees, until permanent and more suitable
building shall be erected or provided by the
Board Of Education.
In addition TO the ordinary English Branch
es, History, Algebra, Philosophy, Physiology,
and Vocal Music will be taught, whenever the
advancement of the pupils shall warrant the
same. And in order that the advantages of
the School may be brought within the reach
Of all classes, the very low rate of Five Dol
lars per term will be charged for tuition.
School hours, from O'Clock A. NJ, until
o'clock p. M, of each School day.
By order Of the Board Of Education.
W. JAS. SMITH, Sec'y.
Education Office March . 1863.
The Hawaiian gazette., 1869-03-31
PUBLIC attention is particularly drawn to
the subioined sections of the Civil Code:

IlbllC ullCHliOu ID PAL tACuioiiJ ulo"h W
the subjoined sections of the Civil Code:
SEC. 37s. 1t shall be the duty of the Min
lister of the Interior to procure Il standard
set of weights and measures and it shall
be his duty to try by such standards, oil such
weights and measures as shall be presented
to him to be tried and to seal such as shall
be found true with the capital letters II. l.
SEC. 379, Said minister shall furnish to
each of the respective governors, copies of
the original standards, for the use Of their
respective divisions and it shall be the duty
of the said governors to try all such weights
and measures as may be presented to them
to be tried and to seal such as shall be found
true with the initial letters of their respective
divisions.
SEC $780, The charge for trying any weights
and measures shall be rs follows For seal
ing and marking every beam, fifty cents for
sealing and marking every measure of ex-
tension, twenty-five cents {; for sealing and
marking every weight, ten cents for sealing
and marking every liquid or dry measure,
ten cents and reasonable compensation
for making such weights and measures con-
form to the standards.
SEC. ISL. The standards of weights and
measures shall be those adopted, and now
used, by the United States of America.
SEC. 1872. Whenever any wheat, rye, In
dian corn, barley or oats, shall be sold by the
bushel, and no special agreement as to the
measurement shall be made by the parties,
the bushel shall consist of sixty pounds of
wheat, of ffty-six pounds of rye, of fifty-six
pounds Of Indian corn, of forty-eight pounds
of barley, and thirty two pounds of oats.
SEC. 1888. If any person shall sell any
goods, wares, or merchandise, fruit, vegeta-
bles, or other commodity whatsoever by any
beams, weights, or measures, that have not
been duly sealed, he shall be fined for each
oifense a sum not exceeding fifty dollars and
any person who may be injured or defrauded
by the use of any such beams, weights, or
measures, may maintain an action against the
offender and if judgment be rendered for
the plaintiff, he shall recover double damages,
and the costs of suit
There have been recently received, at the
Interior Office, full sets of standard weights
and measures; and one full set viii be i'm
mediately sent to each one of the Governors.
The law has been, for long time, dead
letter-no standards having been provided.
1t is to be hoped that all will take particular
notice of the penalties prescribed by the law,
for the violation OF, or the neglect to comply
with It's provisions, and not expose them
selves to the risk of inconvenience from such
neglect
The Hawaiian gazette., 1869-03-31

We had not intended to touch again, at
present, on the subject of the law passed
by the last Legislature, to more efectuaIly
secure the attendance of children at school,
nor, indeed, upon any points regarding the
Public Schools, which are suggested, or
might be raised, by the Reverend Gentle
men who publish the Kuokod, or con-
tribute thereto. There can be no doubt
that all people-whether foreign or native
born, lay or clerical--whose opinions are
worth considering, see through their mo-
tives and their statements. Indeed, it is
the strongest of recommendations, when
people so anxious TO pick flaws, and
ready to drag so deep for anything that
to the unthinking, the ignorant, or the
prejudiced, may present an appearance of
fault. can find nothing more tangible with
which TO blame, than the effort to carry
out judicious law of the Legislature,
which was supported by all judicious men,
and which no one, who kept silent in the
Legislature, has as yet, under the influence
of the great light shed upon the matter by
Vaccinator," or "Vigilant," thought it
worth his while to claim to hare ooted
against. We say that we had not in
tended to have adverted to it again, but
give way TO the communication of our
correspondent, IA Friend of the People"
because his communications are always &C
ceptable 70 Us, over whatever signature he
may write; and we defer to his Judgment
regarding the necessity or call for further
comment. We have thought that every-
one rated the stories of "VaccinatorH lust
on par with the story of "vigilant." In
whichlast case, they give q just value to the
truth and manlness Of one who rushes into
his print with story of refusal to do what
the law requires, against lady who is earn
ing her living, BY the arduous occupation of
teaching-and that TOO, when, by going
few steps from his own door, he could
accurately ascertain all about it. The
Words People whom these gentle
men look upon in the same way that the
Pharisee Of old looked upon the Publican,
rather smiles when the lady replies in
fitting and restrained language, to his
accusation, and the gentleman replies by
commenting on her lady-like" breeding,
The Hawaiian gazette., 1869-03-31

pays his steward and il asked. would have
SAID, that he had not the smallest doubt
that the arrangement was mutually salts
factory to both parties, and that all his
domestic affairs were managed with the
most exact justice and perfect adapted
ness. On this point we feel as certain as
of anything of which we are not personal,
and daily witnesses. We go further and
say, that we know this gentleman is just
nay libeal-towards all his employees
would that he could be so towards al per-
sons, we would even forego the liberality
ard stipulate only for justice. Now, not
only is there no allusion above to the gen.
tleman, or his steward. cook or major-do-
mo, but there is not one linein this pa
per, from the time the publisher of this
(P. c. a. paper left for San francisco
to the day of his return, that intimates
that he, or any of his associates ever en-
ployed Chinaman. either under contract
or otherwise. Still less has there been
any intimation made that he, or any of his
friends have engaged, or ever were engaged
in the coolie traffic. Not only SO, but we
have never intimated that any body in
this country is, or has been engaged in any
traffic in coolies whatsoever-or could be-
But on the contrary, have denied, and do
deny that any such traffic does exist in
this country. The government during the
present administration, at least, and as
far as we know, always, having set their
faces like flint, against any such thing.
The Hawaiian gazette., 1869-03-31

over in winter. by men and horses on foot,
is an illustration IN point
At the same time that the suggestion Of
ignorance and knavery is made as towards
the.public agents who derived no benefit,
other than that which results from the con-
seriousness Of doing duty, it is said that
such aclause is contrary to the law Of the
the land. The clear and only reply to this,
as it seems to US. is, that if it is so, the
clause is simply valueless, having no weight
at all. 1t does not lie in our path to
determine the truth or error Of the die
tum. The writer of the article commented
on, pronounced decidedly on the point like
one whose opinion on the point, is not to
to be controverted-as one who knows;
hence, if it be right, the conclusion follows
that the clause is, as if not there.
We are modest, over here, and when the
distinguished jurists and publicists who
do the law for our neighbor, tell us that
the statements made, or inductions drawn
BY those who comment for us, on the in
struction given by their wisdom, the ex-
ample afforded by their learning. and
virtue, are emanations from the brain Of a
pettifogger. we feel very humble, and pity
the said pettifogger very much indeed.
The question being now asked, whether,
in the opinion of this writer, the assign
ment of the contract of laborer, by
one person to another, as has frequently
been done in this kingdom. is lawful, he
felt much complimented by the appearance
of confidence in his opinion, and therefore,
being DESTROYS of getting the best light
possible, laid the question before several
professional gentlemen, having reputa-
ton for being skilled in the law, and has
received for an answer, that they know of
no law in the kingdom, that will prevent
a man from engaging to work for another,
for term of years, not exceeding i've, for
a reasonable and satisfactory remuneration;
that further, they know of no law that will
prevent him from signing an dssigndbte
contract for such term of service, for
reasonable consideration to himself. The
question of the assignability Of the con-
tract, will depend on its own words. That
this country is absolutely free for man to
make whatsoever contract he deems for
his own interest, whether assignable or not,
subject to the above limitation of time;
and that, as far as heard from, the Courts
will not justify any one, in signing such
contract, taking his employers money,
spending it, and then seeking not to com
ply with his engagement, but would look
upon such an act as dishonesty to be re-
proved. not encouraged-an act not by
any means commendable.
They likewise say, that it is not usual for
Hawaiian to sign contract, in its terms,
assignable, and if case bearing on that
point, has been brought before the Court
at Hilo, it is unknown to the judges in the
profession. Further, that they know of
no Court in Hilo, whose authority is re-
garded as settling" anything which may
be tested" before them, unless the ruling
of the presiding judge at Circuit, may be
said to do so, which it only does, SO far as
it is an expression of what will probably
be his opinion, should an appeal be taken
to the Supreme Court.
The Hawaiian gazette., 1869-03-31
NEW ADVERTISEMENTS.
NOTICE.
DROPER auplicatron hav,nr been

DROPER application having been
Il made to the undersigned by His Hxcsllen-
cy J. o. Dominis, Commissioner Of Crown
Lands for the settlement of the boundaries of
the Ahupuaa of Aiea, in the District Of Eva,
Island of Oahu, all parties having the boun-
diaries of their lands jointly with the above
Ahupuaa are hereby notified to be and appear
before me at my residence in Peleula, Homo
lulu. on Saturday, the 10th day Of April,
1865, at 10 A. NJ.
W. P. KAMAKAU,
Commissioner Land boundaries.
Honolulu, March "a, 1869. 11-2t
The Hawaiian gazette., 1869-03-31
VALUABLE REAL ESTATE FOR SALE.

The well-known premises at Makiki, for sew
eral years occupied by Miss Ogden for board
ing-school. are now offered for sale by the
Board of Education, on very liberal terms.
For particulars, apply TO
W. JAS SMITH,
Secretary Of the Board Of Education.
Education Office Feb. %, 1869.
The Hawaiian gazette., 1869-03-31
Executors Notice.

In the matter Of the Estate of Richard Henry
Gilmore, deceased.
A LII PERSONS having any claims
II against the Estate Of the late r. H. Gill
more, are requested to present the same, and
all persons indebted to said Estate, viii make
immediate payment to
GEO. WILLIAMS,
Sole Executor.
Honolulu. March 30. Isss.-Il-st
The Hawaiian gazette., 1869-03-31
Administrators Notice.

Estate Of FRANK MOLTENO, late Of Homo
lulu, Master Mariner, deceased.
A LII CREDITORS of. the above nam
IL ed deceased party are hereby notified to
present their claims, duly authenticated and
with the proper vouchers, If any exist, to the
subscriber, at his Office, in the Court House,
in the city Of Honolulu, within six months
from the day Of the publication hereof, or
they will be forever barred
STEPHEN II. PHILLIPS,
Administrator.
Honolulu, March 9th, 1863. l1-4t
The Hawaiian gazette., 1869-03-31
a Boat.

Large BOAT, such as used By sehoonerl
for taking of freight For sale By
10-1m WALKER 4 ALLEN.
The Hawaiian gazette., 1869-03-31
Meeting at Public Hall.

THE SUBSCRIBERS TO THE
Il HONOLULU PUBLIC HALL FUND,
are requested to meet at the Hall on SATUR-
DAY EVENING, April Sd, at n O'Clock, for
the transaction Of business.
By order of the Trustees.
Honolulu, April "a, 1se9.-1t
The Hawaiian gazette., 1869-03-31
Betting.

A superior lot Of LEATHER BETTING,
from 4 10 s-inch, for sale BY
le-lm wALKER 4 ALIEN
The Hawaiian gazette., 1869-03-31
Departures

SAY TRANcoI nosoLUlr- san FnAN'co leNeIrI1.
Mon. April 5Thr. April N Wed'y May ssaf April II
Wed May isIFrid May 3 Thu. June lnsun. Nag y
Thr. June II Saiy July 8 frid. July 1G,lon June q