The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-02-15
Our Judges.

MR. EDIToR-Nou criticise and would set aside a
Judge for want of a legal education; and yet you and
all Of US will admit, that the ablest judge Hawaii has
had so far, was u man from before the mast and
whose alma mater was the forecastle. The legal
training Of the most learned jurist Of Christendom
may not altogether qualify him for the exercise of the
Judicial function among a people that have no tradi-
lions in common With that Of his own civilization.
There ia an insight, and an asSimilative appreciation
needed, which only natural good sense can impart,
and cannot be supplemented by the mere lore Of the
legal martinez.
Hawaii suffers in many respects because men of
Massachusetts,, Scotland, and other like exemplary
countries, would impose upon her a routine and dis
clphne not consonant with the genius of her race.
She needs to save and lead her men of cosmopolitan
experience and Of philosophic insight. Such men
may be found in sailors aud rancheros if they only
have the earnest, studious nature as Judge Robertson
had, and are not always found in men of legal edu-
cation alone and without natural gift like our Chan
cellor, who came here u quarter Of a century ago
with q legal diploma, and yet, in all this time, he
has neither mastered the language of the country
nor acquired any insight into the character of the
people to mt him TO be u statesman or a valued judge
Of such q country.
Then it will be reasonably enquired how has the
Chief Justice obtained his present position and iu-
Huence. Not by weight of ability and valuable
capacity, but by a favoring train OF circumstances,
aided by a great courtliness of manner. Mr.. Allen
was u Northern politician with Southern principles,
and after representing Maine in Congress in har-
mony with the dominant plantation interest. he was
rewarded by the courteous Fillmore with a pleas
ant retirement to the Consulate Of the Sandwich
Islands. When here the paucity of talent in the
country opened the way for him as for every official
from abroad, whether capable or incapable, and he
was, when his term of Office expired, invited to assist
as a Minister of Finance in the government of the
country. Fitness or capacity were not considered
and in fact, what opinion was there then. or even is
now in this poor little country to appreciate such
thingsr 1t was only considered then as it is now,
that he, as an official, represented some influence,
and for this reason alone, authority was put into his
hands. This he has retained and continued TO this
day, not for value of service, nor for any mark of
capacity that any one can put his finger upon, but
by an unfailing exercise of u great amount of "a old
school - Establishment.
His sympathies are more in the field than in the
forum. See how his planting and grazing interests
are scattered from Kauai to Hawaii. The diversity
of his property responsibilities must tend to distract
his judicial duties. Certainly the number of business
associations involved in all these varied interests
must tempt him in cases of dispute to exercise a dis
elimination that may do violence to the spirit OF
exact Justice, and most aSsuredly this variety of bus
mess care and responsibility must make the duties OF
the bench become irksome and incline him, not only
to delays in judicial action, but as has been the case
to an imperfect preparation of a judicial argument OF
decision.
1t is easy for any one drilled in the forms of law tc
read up for a case and to marshal q formidable
number of precedents and rulings, but to present @
well digested logical array of the points of the argu-
ment, requires not only legal training and practice
but the good hard sense, the well balanced judgment
and conscientious, studious application. all of which
Robertson the mariner brought to bear in u far more
eminent degree than Allen, the lawyer and politician
has ever done. The decisions of both have beer
quoted in foreign courts, in Tendon and New York
the former for painstaking ability of argument, anC
the latter on account of the mere interest in the case
As n politician and lobbyist our courtly Chancellor
might possibly be a success; but it has to be STATED
that for an absenteeism from time to time of ahou
five years, and an expense to this poor country o
about S3O,OOO, We have nothing to show but an i'm
perfect postal convention, which the stronger nego
tiator devised TO suit his convenience, and reflects M
honor on the diplomacy of the weaker power. How.
ever, as 1t is urged, that an honorable retirement e
be associated with an important duty abroad shall b.
accorded TO the first subject Of the realm, on accoun
of his distinguished services in securing for the new
government the ablest craftsmanship of the country
it is well that an important embassy to the UniteC
States be set on foot to afford the urbane Chancello
an opportunity to again illustrate in a proposed reel
procity between Hawaii and America, the story o
the cock and the horse, wherein they mutual,
agreed to eat oats freely together and not to tread oil
each others toes.
We can imagine the bland crow of our bantam il
ermine, perched on the back Of the American war
horse, as Hawaiian Plenipo. and Envoy very Extra
ordinary, and proceeding to eat out of a common
manger, when suddenly the mighty mustang gives
snort and a shake, bringing our dapper little diplo
mat to the ground, where he is squelched under tn
continental chargers broad annexing hOof. L
avoid such-a chance to our Chancellor it would b
better to happily retire him with all his knightly in
sigma, carefully preserved, to the cool shades o
Bangor.
We need another sailor for q judge; one who, Xix
Capt Bunsby, has had hard sense beaten into hin
with q belaying-pin; and it is to be hoped that befor
these gallant ships-of-war depart from our water
they may leave behind a stray web-foot or two, som
of those sure-footed, hard-handed fellows VIII
manned the yards in honor of our King; who vii
bring to bear good hard forecastle sense and quarter
deck law in the administration of justice, and Civ
us on our Supreme Bench what we have not now,
judge like Cesar's wife, above suspicion, and devote,
to justice alone, and nothing more. P. b.
Employment Wanted.