davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1870-08-10
Supreme Court.
CONTINUED FROM SECOND PAGE. !

CONTINUED FROM SECOND PAGE.
Per CURIAN:
am aware of the Importance attached to some
of the questions raised in this case, and have
given my entire attention to the arguments and
considerations presented by the learned counsel.
During the progress of the carse, the question
of the nature and extent of the inquiry which
may be legally made under writ of habeaS
corpus, arose upon the respondents demurrer to
the petitioners reply.
! ruled that if the return showed judgment
not authorized by law or that the prisoner was
condemned for an offence not known to the law,
or that the proceedings were based on a law
which is in violation of the Constitution of this
Kingdom, or that events like the insanity
of the prisoner, or death of the master had
occurred since the trial, haJeas corpus was
the proper remedy but that it was not compe-
tent to try over again the merits of causes which
have been Tried by a Court Of lawful authority
and jurisdiction. and on which lawful Judgment
was pronounced, and legal mittimus issued. and
that the only facts to be considered IN this case
are those which are disclosed in the return and
amended return. In giving this ruling, | reviewed
the cases that had been tired in this Court, and
gave reasons why the evidence offered by the
petitioner was not cognizable in this proceeding
OF the several objections, within this, ruling
Offered to the legality of the prisoners eonfne-
ment, the most important is, that the Act under
which he was tried is repurhant to the Constitu-
ton, and therefore null and void 1t is in the
Constitution that we find the guarantees Of our
rights to life, liberty and the pursuit of happi-
ness. which that instrument solemny declares to
be inalienabe, to be taken from DO person ex-
cept by due process of law" The written law
of England is determined by their Parliament
except in so far as the Courts may declare the
same to be contrary to the unwriiten or custom
airy law. which every Englshman claims as his
birth-right. Our Legislature, however like the
Congress of the United States, has not the SD
preme power held by the British Parliament, but
its powers and functions are enumerated and lin
tied, together with those Of the Executive and
Judicial Departments of government, by a wit
ten Constitution. No act of either of these
three Departments can have the force and dignity
of law. unless it is warranted by the powers
vested in that Department by the Constitution.
Whenever an act purporting to be statute
passed by the Legislature is an act which the
Constitution prohibits or does not authorize, and
such act is sought to be enforced as law, it is the
The Hawaiian gazette., 1870-08-10
SAILED.
MEMORANDA.

THr North German Bark Fdeliias Capt H. P Je,persen,
len pa-e Mazian loaded with cargo Of Silver ore
and Dye WOOD bound Tor Hamburg, Germany. On the 18th
olJuue being about latitude Is north the vessel
gsaufcrel very hurricane which threw her her
beam end compelling the Captain and to cut away
Der nsts sTar running and standing rigging On the 10Th
the weather moderated juy-mast rugged and the
dior having been carried away, atemporary rudder
made VI ola sar, aud steerc away for Honolulu On the
9Th of june spoke the North German Bark Francisco bound
Or Francisco the Captain Of which vessel offered his
services Co relieve the Captain and crew. necessary which
not deemed expeent by Captain espersen. The Fdel-
iias arrived Honolulu the 9Th ofaugust where she
awaits orders from her The vessel built in Ham
burg. and b. six years old
The Hawaiian gazette., 1870-08-10

The SOLO has brought but a hundred and sixty
eight men. Mr. Wilder had however, arranged
originally with over four hundred men, and had
made to them the advances which they required,
but some interested parties circulated the report
among them that they were bound for Callao, and
not for Honolulu at all, and though Mr. Achuck
used al bis endeavors to pursuade them that the
ship was bone rids bound for Honolulu, and 1t was
pointed out TO them that there Honolulu resi-
dents board, who likewise assured them that the
ship was bound here, yet II was all in vain and they
left. II was noticed however that they did not pay
back the money which had been paid them in cloth
ing and cash, though whether their sense Of
honor will prompt them to send it up when they
have earned it in Hong Kong, remains to be seen
We are afraid they will not remit, although we
have great respect and even admiration for the sub
lime confidence which some OF our neighbors ex-
PRESS but merely beg to add that notice the fact
that those people do not invest largely in that kind
of security.
The Hawaiian gazette., 1870-08-10

EARrHQUAKEs-At three O'Clock on Sunday
morning last, slight shock of Earthquake was felt
here and again al ten minutes past four quite Sc
we're shock startled nearly all the people Of the town
from their sumbers This last shock was the most
severe that has been felt here for many years, al
though it nothing in comparison to some of the
Earthquakes recently felt in other places But few
people felt the shock at three o'clock though
assured by several parties who awake that
slight one occurred at that time
The Hawaiian gazette., 1870-08-10
HALL OF LIE PRoGREs DE l. OCEANIC LODGE,
No. 124, 4. F. & A. NJ,
Honolulu July 18th 1870

Mr.. A H. HAvELL,
DEAR SIR AND BROTHER Your exceedingly kind
offer of musical entertainment the proceeds to be
divided equally between the Masonic Lodges Of this
city, and by them applied as a building fund, has
been received.
l am directed by the w. NJ. of lie Progress de
Oceanic Lodge, No. 124 TO inform you of our accep
tation of your kind offer, and by your permission
would appoint Thursday evening, the 18th of Au-
gust, as an evening most suitable.
remain very respectfully and fraternally yours,
HORACE G. CRABBE, Secretary.
The Hawaiian gazette., 1870-08-10
VERY REASONABLE RATES

Linens-an extensive assortment,
Alpacas, silk wool, black, cold, fg'd stamped,
Damask Cotton, Linen and Wooden,
Illusion, Grape, Bobinet, Tule, &c,
Edging. Insertion, Cambria & Book Muslin,
Sheeting, Cotton Linen, Gs to liz inch.
Prints-the finest assortment in Honolulu,
0il-cloth, Bunting Mareen and Baize,
Lawns,-Victoria, Bishop and Queens,
Imperial, Navy and and Russia Ducks,
Ticking, Hickory and India Stripes,
English BrOadcloth, Doeskin, &c,
Lasting-black brown, green and blue,
Yarn Berlin Wool, in large variety
Wool Delaine, Ginghams, Baratheas,
Alpaca Coating, 6x4, in eoors,
India Swiss Book Muslins, sev'l qualities
7 oilet Table and Piano Covers
Edgartown Cottons Pillow Linen
Drill and Duck Suits,
quantity Of ass'd Sizes
Umbrellas, Parasols Fans, Hair Nets, Thread,
Pea Jackets, Coats, Vests, Pants, Shoes Hats
Oils, Pomatum, Perfumery, Soaps, &C.,
Needles, Pins, Thimbes. Scissors
Brlliants Chambrays, Piques,
Youths, Misses, Ladies & Gents Hosiery,
in great variety
Cottons-Horrocks' and other brands cutting low.
Oriental and Lutte Ribbons splendid stock.
Merinos-the best selection in the city,
Purses, Belts, Braces, Cards, Laces,
Extra quality Of Flannels,
Towels-Turkish Hucxabuck and Crash
Embroidered Robes, Shirts &c,
Eapkins-several sizes and qualities,
Turkey Red ed Blue Cottons.
shaWls-double and single, pa. nd fancy,
American Trunks, Carpet b.. &c,
Innings, Silesias. Jaeonets, Tape Checks
Elegant asst Of Ladies Gents Kid Gloves,
Silks and Chales, figured and plain
holeskin. Drills, Tweeds and Cassmeres
Envelopes Note and Letter Paper
New Goods by every arrival, and
A General Assortment of Goods
Suitable
FOR COUNTRY STORES
30 I'm
The Hawaiian gazette., 1870-08-10
LOCAL NEWS.
Phases Of the Moon for August 1870,
PREPARED Hr CAPT. DANIEL SMITH.
moNoTrTTr srrAN TTaTp

SUDDEN DEATH-On Thursday evening, 4th inst,
Mr. Thomas Shiel, formerly connected with this pa
per, died suddenly at Lahaina, where he has been
living for several years. We have not learned the
immediate cause Of his death, but it undoubted-
ly OF those diseases which though fatal give but
little warning of the end. Mr. Shiel was a man
OF high culture and had evidently seen much of the
world, although he was very reticent in regard to
his experiences in life.
The Hawaiian gazette., 1870-08-10

ATTENTION is called TO the advertisement of A. s
Cleghou in to-days issue. Mr. C., asis well known
10 the public, always keeps choice assortment Of
fashionable and desirable goods on hand, which are
sold at reasonable rates.
The Hawaiian gazette., 1870-08-10
NEW ADVERTISEMENTS.
English School, PauOa Valley Road.

A T. ATKINSON, Master, Late of Rugby
n. and Durham Schools, England, announces
that be has reopened his School, and is now reeev-
ing pupils.
Subjects studied-English, French, Mathematics
Classics. Extra Music Chemistry, Natural
Philosophy and Mechanical Drawing.
Terms per Quarter-Boarders. $4,000
Day $500
Further particulars application at the School
House. 80
The Hawaiian gazette., 1870-08-10

ON Tuesday Of last week, as we are informed by
a correspondent Of the IA Okoa, the surf at Wal
inca, Kauai was exceedingly heavy Houses situa-
ted on the beach were inundated and some damage
done TO furniture and clothing.
The Hawaiian gazette., 1870-08-10
Notice.

A LII PERSONS are hereby forewarned
N not to trespass the Ahupusa Of KALIALIA-
NUI, on the Island Of Maui. take fish from the
Kanaha. Kahului, said Ahupuaa, other
wise commit trespsss the rights Of the undersigned
Any person, after the publication of this notice, will
be heldresponsbe in Courts Of Justice, for any
act Of trespass committed said land or said Fish
Pond. CAMPBELL & TURTON.
July 20. is7O. Eff
The Hawaiian gazette., 1870-08-10
PORT OF HONOLULU.
ARRIVED.

August s-Schr Mary Ellen, from Maui.
North German ship SOLO keh-e, 20 days from longkohg
4->aIg huau, from Mani
5-SrLf HHEulgle. from M1l0kaL
G-~Hhr Wai0ia. from Naui.
S.lf ia Mi. from Maui
s-Sehr Active. from Hawaii
North GsImaG fidelItr Jesperson, 5s days from
pia-tllr Boo distress
Sllr MauauhaWai. from Maui
s--fhr Kate lee. from LIH.
Sl1Hp Live Yankee from Naiauao.
S1lr Fairy Queen, from Kauai.
g-sllr JguHy, ifaHl Kauai
SAILED.
August 5-scIr Prince Cor Hawaii
sHhT Rob Roy. Cor Koohu
selI MauuUkavai ilr Maui.
Schr Jenny. fHT kaugi.
srlr Nsrlda. fYr Hawaii
Dr. bkfn Victor Walker, for Port Gamble.
4-Seiir LI1. f1r WlHtu1
sclr Kitty Cartwright Tor Kauai.
British brig liyzantium, fIr Victoria
seiT kiuau flr Maui.
7-Sghr Hukultie for Mol1kai.
b-Selr Mary Ellen, for Maui
Stir Mluu1kaWai, for Maui.
Schr ka Moi faf Maui.
g-Am bk Comet Fuller. for san Francisco.
The Hawaiian gazette., 1870-08-10

OUPERIOR OAK BOATS,
y For Coasters Use. Also-A LONG BOAT,
Oak. For Sale by
IS-sm H. HACKFELD 4 co.
The Hawaiian gazette., 1870-08-10
PASSENGERS.

For s,S FnAsasoo, per Comet, Aug. eth ls7O-Dr W A
Bell, Mr. A J Jackson.
The Hawaiian gazette., 1870-08-10
Licenses Expired in July, 1870.

ID IL.--0AHU-Bonolulu, LIST Lyman Bros,
III Sd Tin Wi, 18th Mrs Warren 14th W Fetch
and Crowell, 18th n Spencer q Co, 18th II May,
31st WIN Ryan, 18th Ahu, LIST All Lii Il Co, I'd Chung
Hoon, 22d All Luan, 18th d Flitner, Sd Mandreck,
Wailua, 26th All Wa. Honolulu. MAUI-Waihee,
LIST White, Hama, 18th Kanakaole & Co, Waikiki,
18th All Tong & All Chuck. HAWAII-Kailua, 22d
ID Montgomery, 22d Akana, Kealakekua, 18th ii n
Greenwell. Balihi Kona, LIST Chas Spencer and Co.
ACCOMPLISHMENTS, Sd All I'm.
-OAHU-H Honolulu, Ist Theo II
Davies. lst Hyman Bros, 18th II May, LIST n spen-
Ger Co, LIST Walker & Allen.
Wholesale Spirits.--1st Theo Davies.
Retail Sptrits.--3d ONeill.
Billiards. Honolulu eth Note Kruger.
Horse.-- Honolulu, Sd Kapu, No 154.
Stallion Lihue. Kaaai, 9th W II Rice.
Auction.-- Hawaii. 18th Greenwell.
The Hawaiian gazette., 1870-08-10
HALL OF HAWAIIAN LODGE, No. 81, F. & A. NJ.

HALL OF HAWAIIAN LODGE No. 81, F. & A. NJ.
Honolulu, July 18th, 1870.
A. H. HAvELL, Esq, Honolulu:
DEAR SIR AND BROTHER AT the last monthly
meeting of Hawaiian Lodge, your communication
of the 4th inst, in which you offer to give lecture
Music for the benefit of the building fund of the
Masonic Lodges of this city, read and your gen
erous offer accepted
am directed to say that Thursday evening, the
18th of August at the Kaumakapili Church, will be
a convenient time and place for the lecture.
Very respectfully and iraternaly yours,
CHARLES 7. GULIcK, Secretary.
The Hawaiian gazette., 1870-08-10
ESTATE OF ISAAC MONTGOMERY,

TIME UNDERSIGNED, having been ap-
Il pointed Temporary Administrator Of the Estate
Of the late Isaac Montgomery, Of Honolulu, Ha-
waan Islands, hereby requests that any person hay
ing any property belonging to the above Estate, will
Immediately deliver the to the Undersigned /;
aud all persons having claims against the Estate
requested to present them within six months Of the
date Of this publication. W. c. PARKE,
Temporary Administrator
Honolulu, July H. 1870. 27-lm
The Hawaiian gazette., 1870-08-10
EXPORTS.

Pom sax FEAScisCo. per Comet, Aug 9th, 1870
Bananas bchs 100 Nlolasses gaIs.....2 74i
Bottles .600 sugar, lbs .416 SJ4
Jll1e, lbs 56
Domestic Naiue-.--...- SOS, 375.s1
Foreign Value. ....... ...--.--.. COCO
The Hawaiian gazette., 1870-08-10
Correspondence.
HoSoLULU, July 4, 1870.

HoSoLULU, July 4, 1870
To THE W. MASTER, WARDENs AND BRETHREN OF
HAWAIIAN LODGE, No. 81, F. & A. NJ.
BRETHkES.--I beg respectfully TO offer my humble
services TO you and to your sister lodge, and pro-
pose to give musical entertainment entitled The
influence of MHsic on the Human Mind illustrated
by songs, seenas, &c, on any evening you appoint,
after the 18th inst the proceeds to be divided equal
ly between the two Masonic Lodges, and TO be ap-
piled to their building funds, suitable building for
Masonic purposes being much required in the city.
am able to offer the use of superior grand piano
for the occasion.
send note of a like tenor to this TO lie Progress
de rOceanie Lodge. Worshipful Sir and Brethren, 1
beg to remain fraternally yours.
A. II. HAvELL.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
THE SOUTHERN ME fROPOLIS.
THE GREAT SOUTHERN WEEKLY.

DEAF the opinions of the leading Southern men;
N al regard it one of the ablest and truest OF
Southern journals, just such a paper, in short,
should find Its way into every Southern house
old.''-Raphasi Stlm.s.
.'You have managed to enlist for it the services
own, have given great and interesting variety to
its cOlurnns.''- S. TSGkle WHlidce.
at comes nearer filing the place of the London
Saturday Rsrier than any journal in THE country,
North or South.'-AEerander II. Stephrns..
~ wish you all success, and from the spirit and
ability it'll which you conduct it.. trust that the
paper will obtain a useful and widespread circula-
tion."-R NJ. r.. Hunter.
s'Its literary and review department should rem
der it n welcome visitor in every Southern family
of refinement and cuiturC."-E. ". Ri6ard.
81 have felt and often expressed admiration of the
good taste. spirit, ard ability with which the SOih
Metropolis is conducted.''-R. 4 Daniel.
IL know of no paper that comes nearly up to
the true standard OF constitutional organ.'-JFH-
liam Lucas.
II am happy to b, able to bear evidence 10 my
aud nfthe Judgment and IHtI" displayed in it-
lcctions from foreign journals. IN. j. SPgidj"S,
(LirchbiSiop)
mo Southern gentleman can fail to recognize its
intrinsic excellence as a literary and political
guide .''-RtU. j. Il GTniaTn, (E'yGsbgfsTiGn.)
The opinion of the ia less high. rvinced
by the testimony of the following. aiming other
Round Table, HugerSt9'rn 1EaiI, Mem Orleans Pirn-
pune, Baltimore Gus'fte NntiUs Hirginian, PcteIS-
burg ETpT'SS, and n huudICd others.
Terms "f subscri ptiOn, $3.50 per annum six
pics ST. 40, and la ger clubs at same rates.
&C. Send for circular nd sprcimen parcr.
JAMES FAIRFAX hIcI.A UGIILJN.
3 Lexington street. Baltimore.
To
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
GREAT BARGAINS!

TREAT BARGAINS can BE- had by ca ling at the
II New Store of ]. acknowledgements Gustav
Browns Confectionery. In order to ina Ike room for
Spring Goods, will make deduction of ~ per
cent. all nav eruOds-cummencingo January e.
1870. Ladies Furs &5-wnth 81: Siberian SOUR
rel SO 5O-worth $40; Children's S3.5O-worth
SIS. Double w hitc Blankets S4-worth S5 /,
finer grades in proportion. have also on hand n
large stock of Domestic and Wooden Goods Call
and see my yard wide French Merinos atseO cents
per yard-worth 75c. and all other goods in pro-
portion. A complete stock of
GENTS WEAK,
In all its branches, from Working Suit at 81 to
Fine Dress Suit at $50. Over Coats from SO 81 to
$50. Over and Under Shirts, Hats and Caps.
Trunks and Valises, and great many other goods
.such as Notions and Fancy Goods too numerous
to mention. Call and sec. No trouble show
goods ] GOLDSMITH.
Jan. IL, 1870. Opposite Gustav Browne.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
MTsCELLANEOUS.
j Worked and Earned 1t.

A few weeks 400 gentleman LIVING in an
eastern town was called ont of his bed one
nornips by several vigorous raus upon his
from, door Hastily dress;r, b;mseIf be re-
enondsd- N the-c,ll and tonnd standing unon
The step an unconth roughly clad bow with
an xeiunon his sbontdeF who hastily thrust
ing his hand into his breeehes pocket. drew
out small roll and handing it TO Judge
fl said
..Tbers's seventv FIVE dollars which I wish
YOU to put into the savings bank, and hastily
turning on his heel. started away.
The Judge, slightly disconcerted at the
curious proceediue. scarce knew what to saw.
till at last recovering his &its, he called out
after the boy.
lssStop come back here. How did YOU
come by this money %
81 worked and earned it, SIR Nv time
was out last night, and L got my MONEY
"I've got lob Of chopping. which I begin
on this morning, and L thought I'd leave t e
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
P0ETTCAL
MIXED UP.


I've wandered through tho village, Tom,
Along with Anna Lee,
To listen to the mocking bird,
In the cottage by the sea.
Reid's bay mare can't be beat
While coming through the rye;
Let me kiss him for his mother,
Says the spider to The hy-
The eoIored girl aud poor old Ned
Now swell our national song;
I'D offer thee this hand of mine
But take your time, Misc Long
I'm lonely since my mother died
Susanna, don't you cry:
We're all nod ding through the world,
Then root, hog, or die.
Hark hear al angel sing,
oh daddy, he's struck lie
We're coming, father Abraham,
. Along with Annie Lyle.
The song my mother used to sing,
The wearing OF the green
The grill left behind me,
To-day is sweet sixteen.
The nice young man and Fairy Belle
Are swinging in the lane
The captain with hiS whiskers
Has marrying on the brain.
We will rally round the flag, boys,
For Johnny stole the ham
Yankee Doodle. Hail Columbia!
And don't care AGENT.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
HILLARY. WILSON 4 JoHNSo
Summit Point, September "a, 1868.
BE IN TIME!

ITO anticipate the wants Of the approaching Holi
days, We are receiving in addition 10 gen
eral stock, n large variety o staple
DRY GOODS GROCERIES.
BOOTS. SHOES. HATS. GAPS.
AND NOTIONS OF ALL KINDS,
which are cheap. scasonAble. and cannot be dis.
pensed with at this period. Call soOu nd mine.
as 10 be You in time for the baTgAinS
now TO be had AZ Cbeapside No. -.
TRUSSELL K LUCAS.
B.--0ur terms CASH, and where indui-
gence is given 30 days is the limit. Those having
bills due expected promptly to comply, other
wise farther indulgence cannot and Innst be
Peeted. as most assurcdIy NoHE will be given
Take heed, therefore, one and all, and govern your
selves accordingly. T. L.
December IA, 1869.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
NOTICE.

rINHEStime has arrived for TO purebase our Fab
Il aud Winter Stock Of Goods. ard must hare
the nOney NOW doe us and ne giS e this nUtice tO
ali persOns Whu know thenseilcs 10 be indebted 10
ia call and settle their accounts before the
first day 81 October n, 1t. Any one falling TO %
this We Wilt rcrIhuy refuse any longer credit, Ssd
will inss. upon immediate ssIilentnt oi ,hsr
counts.
To those OF our customers Who have paid Ne rrgs-
lary, tender thanks for their patrons &C. ssd
il will give MS pleasure TO continue business vils'
them heretofore.
90 We intend to carry out the conditions Of this
notice July and ihoSe who do settle by the Hs
specified will be prepared for refusal Of further
HILLARY. WILSON q JOHNSON.
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
FRESH GARDEN. FLOWER. FRUIT.

TERI. Tree, .Mir"6 0nd EtcTgrrrn Scr4s,
teiM directions .t"r cWiNre. prpo1 by /.
m17. The mosf complete o~d .jn-
djcjoWs assortment ia HE c0HB-
try. Agenfs ar0nfr6.
q x SORTS Of either for $ l 10; prepaid by mail
- Also Small Fr:liIs. p lanI-, Bnlhs. nj she
Potatoes. &c. prepaid b. In.il ! Ibs. Early Rose
Potato, prepaid tor nn. Gnn' . c0i.tssl As-
ba,d, ,2,o,', I.,,. ~,
5O cts each. prepsih. True cape Cod Cranberry,
for upland lOwinHd culture, 5 90 per 100, pre-
paid, with drcctiUhs. Priced CRtAioe II Bny adj
dress gratis alsO trade list. See de On
h. NJ WATSON, Old COLONY Nurseries nj Seed
Warehouse, plymouth. Mas. EEtabIiLhed In t4S.'
Drcin1brf u, 1859 an
Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1870-05-03
COACH MAKING.
PLAIN& ORNAMENTAL PLASTERING.

THE Undersigned feeling the Importance of nd
i. vertsine and having a'desire to Encourage the
printer. employs the III sdium afforded by him 10
inform the citizens of this and adjoining counties,
that he is prepared TO undertake the
PLASTERING OF HOUSES,
in any style that may be desired. from Ono Coat
Drawn to Three, Hard Finish, w hite Coat .or Heavy
Skim. Corniccs and Centres run, and Ornaments
stuck, if desired. None but first-class workmen
will be employed on work that may be entrusted to
me.
hereby tender my grateful acknowledgements
for the liberal patronage have received since
mencing business end hope by strict adherence
to duty. to inertia continuance OF the same.
0J-All communications addressed to me at
CharIestown, W. Va, will receive prompt nttrn-
ton. Z. FRANK GALEAHER.