The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-10-30
THE PACIFIC
OOmmertialAobert
SATURDAY,. OCTOBER 80.

HE TREATY hangs as it were, suspended by a
thread, where a breath may send it on the wrong
side says the Gazette of this week, 10 an ar
ticle urging the sending again to Washington Of
the two Commissioners who were there last
winter. As usual, our cotempoIary oyerdoes the
thing when it asserts that 8 a breath /" may de-
feat the treaty. We intimated last week that
the opinion was prevalent in the community that
1t was advisable that the Commissioners should
again visit Washington for the purpose of meet
ing the opponents Of the treaty. We have how
ever been since assured by competent authority,
that the feeling ON the part Of those opponents
is that any effort by them to defeat final legisla-
ton would, ut this stage. be useless. The matter
Of the treaty will of course be included BY the
President in his annual message at the opening
of Congress, and the inconsiderable though ne
eessary Legislation required will be clearly indi-
Gated. The first business of Congress, after as
s~embling, is always to take up and dispose of the
matters referred to in the message. 1t is there
fore honestly doubted by some, whose opinions
should have weight, whether there will be any
actual Iced of our sending a Commission to Wash
ington during the coming session of Congress.
II is understood, however, that the Chief JUS
tice will return TO the States by the next steamer,
and that he goes on the mission indicated. And
this contemplated absence again of the Chief
Justice,-albeit it may be on an important mis-
sion, gives rise to several serious reflections.
The first of these is, that the Supreme Court will
consist for several months of two judges, in con-
trayention, if not in direct violation, of the law
constituting that tribunal. The Office of Chief
Justice of the Supreme Court is the highest in
tho Kin11on1 md tho praSanaa Of fba boIJor of
it is essential to the legal constitution of the
highest tribunal of law. The Crown therefore
owes it to the country and it's Ministers to their
oaths of fidelity to the Constitution to demand
that the Office be fairly and squarely filled accord
ing to the letter and spirit of the law creating it.
1t must be borne in mind that grave diplomatic
difficulties may arise from the absence of one of
the constituent parts of the Supreme Court.
Foreign residents, it is true, are Obliged to ex-
haust the tribunals of the country in case they
deem their rights inlringed upon but if those
tribunals are to be located somewhere ON the road
to or at Washington like the famous 6 head
quarters in the saddle :" Of Gen. Pope,-foreign
residents would then have the right to appeal to
diplomatic protection. Parties to a collision case
in our waters might demand that Courts claiming
to exercise Admiralty Jurisdiction should be kept
full and competent. 1t is needless to recapitulate
all the inconvenience arising TO clients. counsel,
and the other judges from this migratory head
ship, and it is trifing to answer these complaints
by saying that Washington is only twenty days
from Honolulu that the docket is clear that
the mission to Washington is important etc.,
etc. We are all willing to concede the impor-
lance Of the mission, and we all understand that
the trouble arises from the tastes of a public
functionary for foreign service and the lack of an
appropriation for such service. Let us propose
the usual Honolulu dernier resort-a subscription
list-so that the Ministry may be enabled to pay
for the foreign service and resist what they must
see to be an evil and an abuse.