The Hawaiian gazette., 1877-06-27
WEDNESDAY, JUNE p. 1871

u = a.
We understand that His Excellency Henry
A. Pierce, American Minister resident, has
received his recall, and will soon be succeed
ed by Gen. Comfy, formerly editor of the
Dayton (Ohio) Journal. President Hayes is
said to have adopted the old Jeffersonian rule
Of dismissing government officers who have
been in service four years, regardless of their
qualifications for the position. This is civil
service reform of the Jacksonian order In some
instances, such changes are wise; but the Gus
tom followed by the British government of
retaining in office foreign representatives and
other ofhce-holders as long as they render
efficient service, is, after all, the one which
has given TO that nation its extraordinary
strength and power. Frequent changes of
public officers weaken government, while
a continuance of efficient servants insures per-
manency and strength. We have not learned
how soon Gen. Comfy may be expected, but
probably not before the July steamer arrives.
The fine steamer City of San Francisco"
while in charge Of Captain Waddell, was lost
on the morning OF May 10th, by striking on a
rock short distance from the port of Aca-
! pulco, Mexico. The rock is known as Tartar
Rock, having been surveyed in 1860 by H. B
Ms. ship Tartar. The breakers on it were
seen by both Captain Waddel and his first
officer, who were on the bridge at the time,
and the steamers course was altered to clear
he I,r+1, ,+,1-
was supposed TO be safe, the ship struck
on a rock near by, which tore long rent in
her, causing her to fill rapidly. The ships
course was headed for shore, l3 miles distant,
but she sank in four fathoms, four miles from
land, every passenger having been safely
transferred to the boats and lafts, which were
lowered and manned in the most orderly man.
ner. 1t speaks well for a captain and his
officers, and the discipline on ship board, when
2i0 souls can be safely landed under such
circumstances without single loss of life or
accident. This is chiefly owing to the extra
ordinary discipline and order introduced on
the ships of the Pacific Mail Company, and
! particularly of this steamer. We are told that
on every trip Of the City of San Francisco,
while under Captain Waddel's charge, not
only was every passenger assigned his berth
and seat al the table, but also his place in a
boat i'll case of accident at sea. Every officer,
passenger, sailor, and fireman had his place
assigned in a boat which was numbered, and
this information was gwen to each one This
strict discipline will account for every person
on the City of San Francisco having been
saved; and the Company as well as Captain
Waddell, who was the last person to leave
the ship, deserve this honorable mention.
The rock on which the vessel struck will pro
badly be found to be q spur like Tartar Rock,
but located some distance further out from the
land. The Q. S. ship Lackawanna has been
ordered to survey the locality, and we hope
the work will be thoroughly DONE
WE must take exceptions" to the state
ment made in the last p. c. Advertiser that
there is no such provision in the revenue
laws of the United States as the section of the
Hawaiian Penal Code under which the recent
decree of forfeiture of an American ship has
! been rendered" If the writer had taken the
trouble to make little investigation he would
ascertained that according to the provisions of
the 5Oth section of the Collection Act of 1893,
of the United States, if any goods shall be un-
laden within the United States from vessel
arriving from a foreign port, without permit
from the collector of the port, there shall be
a personal penalty on the master, and if the
value of the smuggled goods shall exceed
$4,000 there shall be in addition forfeiture
of the vessel. The same section also provides
the same penalty for unlading a vessel after
dark, where the value of the goods is $500 90
or over. And for many other violations of the
revenue laws, not only according to the sta
tutes of 1893, but according to the most recent
laws on the subject, the same penalty attaches.
The cases in which this law has been en-
forced in the United States are numerous, as
may be seen by reference to Judicial reports.
One case which is almost precisely analogous
to that of the bark Mary Belle Roberts was
that of the John c. Brooks, the master of
which, in 1861 brought from the West Indies
quantity OF cigars, and landed them at Port
land, Maine, without permit. For this of
fense he was punished according to law, and
the vessel was confscated and sold, although
the owner was perfectly innocent of the fraud
The decision rendered by majority of the
Supreme Court on Monday last, in the matter
of the Mary Belle Roberts, sustained in every
particular the decision of Justice Judd, and
indeed from the explicit nature of our Snug
Cling laws it is difficult to see how it could be
otherwise. If those laws are onerous or un-
just the remedy lies with the legislature, and
not with the courts of justice whose duty is
solely to interpret and apply the law.
To THE EDITOR OF THE HAWAIIAN GAZETTE:
sIR,-To call it thoughtless is to throw Stones"
and the stones hit and hurt an inofending person