The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1870-03-02

dard in COLOR when in point of fact they were above
No. IL in color, with intent te pass them at the Gus
tomhouse sugars Of the lower grade and if he has
suppressed and concealed from the officers Of the
toms the fact that he has tampefed with and sought
to disguise the colorof his goods, then in my judg
he has been guilty false appliance and fraud
uent practice meaning Of tee statute, and
must abide the consequehces which the law impose.
1t may appear to some Of you gentlemen, that
there has been but an innocent mistake TO the law,
false construction given to the statute That for
this mistake the conseaton ofthe goods is too severe
penalty, especially the consequences Of that con-
scation fall in great part upon innocent parties and
to considerable extent upon She representatives Of
gentlemen now deceased well known for his public
spirit, his great mental activity and varied stain-
ments. But you not at liberty to be Influenced
by these considerations Mr.. GOrdon's Ignorance Of,
or mistake as to the law, cannot excuse him. He
did this act at his peril, and if the act De an oense
under the statute the penalty Of the law attaches
viii read to you in this connection, from the
authority. which one Of the counsel has cited, and
then shall conclude my remarks.
In the case which am about to read Csn gross had
enacted that where refined sugars were exported and
DRAWBACK or return duty uiuf1av.
further provided that if any goods should be entered
by means Of any false Denominations they should be
forfeited unless it shown that such false denon
ination happened by accident mistake, and not
from any intention to defraud the revenue. The
party in this entered the goods ''rened su-
gars, and claimed the drawback They we're on the
part Of the Government alleged to be not refined su-
gars and were seized having been entered under a
false denomination The first point to be decided was,
whether the sugars were not refined sugars.
The Court held they we're not. The claimant then
urged that he thought they were, and that he bad
merely made mistake in the construction Of the law
The question then arose whether this such mis-
take brought him within the proEiso Of the statute
exemptng the goods from eonfscation when the false
denomination was shown to be the result Of mistakes
or accident. 80 z.1s4ffal
xriu hear IN nnd -
the facts with which have to deal judi Thompson
one Of the N ost eminent judges that sat upon
the bench Of the Supreme Court Of the United States
says '.The first inquiry which seems naturally to
arise is What is the nature and character Of the mis-
take which viii the forfeiture Is il restricted to
some matter Of fact, does include mistake
the application Of the law to .he subject thus falsely
denominated the qualities Of such sugars being fully
known to the person making the entTyg eanuof
hnk that upon any sound construction The prorfso can
cOuer mistakes Of tle latter deserPHoH.n aIr 80
'Such are purely mistakes of law, and it is prin-
ciple too well settled to admit Of being drawn In ques-
tion that ignorance mistake oflaw furnishes no a
euse in any civil or criminal.
And if the term mistRke does not include error Of
judgment to matter of law, as think il does nOt)
am unable to discover any ground upon which the
false denomination can be said 70 have happened By
mistnke accident and the only remaining question
is whether done with intention to defraud
the revenue within the sense and meaning Of the pro-
vsO and it appears to me that it follows a matter
Of course that If the entry by design, and By
mistake or accident the legal consequences is that i
was done to defraud the revenue" 49,
'Admitting that he him self honestly believed that
his sugars refined sugars, within the meaning Of
the law, and that he entitled to the dTawb back
still it amounts to than mistake of
judgement upon the law and does not protect the
gars from forfeitue. ~. 10 rIf tEad iiHlrI at
If that be the law, gentlemen, and see reason
t. doubt It, for the same principal is affirmed in
case decided by the le Judge Of the sosthefn Dis
trict of New York. then the circumstances that the
owner Of these goods believed tbath might lawfully
put charcoal into them, apdlawfslly withhold tbs
knowledge Of that fact from the Custom house author
ties and that he thereby and within the meaning
Of the law degraded the sugars and lowered their col
or, and converted them from sugar above No. Il 70
sugar below No. II in color, and that he might laE-
fully enter then of the lower grade-though he
honestly believed all this. such belief and
mistaken construction, of the law afford him no ex-
cuse and the goods subject to forfeiture,
IT. therefore, in conclusion. gentlemen. you believe
from the evidence that this sugar after il reached
the purchasers hands, was mixed with charcoal for
the purpose Of reducing its grade aud making it APP
pear to be below No. IL Dutch Standard in color,
when point Of fact before the introduction Of such
charcoalit above No. IL Dutch Standard in color
and If you believe that Mr.. DeRo when he took his
oath and made the entry, suppressed and ooneealed
that fact did not disclose it TO the Custom house
officer, then that suppression and concealment. and
the oath 90 taken by Mr. DeRe was, in my Judgment.
false appliance, and practice within the meaning Of
the law Of which the consequence Is forfeiture Of the
L
How Henry CLAY AND JOHS oUIScr AnAns Par
Ed GAME OF "ALL FoURs."-In the summer Of 1888
one Of our editors was an ofdcAe Of the South caroi-
ma Railroad delegation to Lexington KY, TO attenda
barbecue given BY the citizens Of that place Hon.
Robert Y Hayne, President Of the Louisville. Gin
ennati and Charleston Railroad designed to connect
the Queen City the South with the thea Queen City
Of the West The delegation consisted Of Hon. Mitch
ell King. Benjamin 7. Elmore, Esq, r. @. Mills,
Esq, and DR.. Hardy, OF Ashevio, N C.. directors Of
the Railroad Company who were joined by Paul Fitz-
smons, Esq, of Georgia Mr.. Ben. Taylor Of Coum-
bia S. c. and Mr.. Yeadon, Of the Courier. General
Hayne. who had been extensive railroad tour,
met the delegation at Lexington his return south
ward. The barbecue of with great eeIaf md
enthusiasm, General Hayne Of course, making ell
oquen speech, in reply to complimentary toast, and
Robert Wickife, Jr-s gracing the occasion with an
admirable address, redolent Of South CAROLINA and her
past history. Hon. Robert Wicklife, ST., q great
iandholder, agrculturist and breeder Of fns cattle.
furnished from his herd a halfbreed buffalo, which
was barbecued or roasted whole for the occasion.
After the barbecue, Mr.. Clay invited the party to
dine with him at Ashland, his beautiful country resi-
dsnce and rich cattle farm. The dinner was epicure-
an in viands and wines and the ice cream, made en-
tirely Of pure cream from his dairy Of course,
with sugar added exquisite in taste and eoolness,
At table, Of the guests called attention to two
beauiifG. paintings the inantelpiece Wbersupon
Mr.. Clay, pointing to one Of the paintings, said
archly, and smiling 'fI VIII tell you how came BY
that painting, provided bOwing to Of his guestl
aneedote at the expense ofmy old friend. Mr. Adams.
He then proceeded thus sfMr. Adams, Mr.. Gallatn
and myself three Of the Commission for negotiating
atreaty Of peace with Great Britain in 1919 a.
Ghent, boarding at the same hotel. One morning
went to great exhibition Tor sale) Of paintings.
and each Of us purchased one On returning to
quarters our paintings were sent Admiring Mr..
Adams purchase very much. said TO him. Mr..
Adams, would like to win your painting from you;
will stake mine against yours. at game Of cards
agreed, said Mr.. Adams. What game will you
play p said l. 'AIi Fourst said Mr.. Adams. We
cut for the deal won il dealt, tured up jack, and
scored high, low, jack and won the stake. then
turned to Mr. Galltin lWho bad purchased fine
painting Of the Virgin MaryD and said, Mr. GaItin,
would like to win your painting from you, in the
same manner as have that Of Mr.. Adams
No. sair' said Mr.. Gailatip, in his broken Bngihs
did not win the Veergin so, and shall not lose
heer So"
The company were all highly amused at The Abec-
dote, and at the manner in which Mr.. Clay narrated
it, fully coming up to bis reputation raeoster
The cream Of the anecdote Was that Mr.. Adams,
staid and demure gentleman, should have not only
assented 10 play cards with Mr. Clay. but Bhpnld
have proposed game Of Can Fours," at which Mr.
Clay Has perfect adept. The anecdote, in due
peet to Mr.. Clayis admonitory .prorfsc, has never
been in print but that the llustrious parties
concerned have gone to honored graves, feel Il
liberty to give 1t place in our columns. t ft
LIBERAL AorIos.r-The Manhattan Life Insunnes
Company Of New York, notified J. II. T.. Martin,
their agent In Virginia City, yesterday, that hey
would pay the widow Of Judge a: VI Baldwin ss1-