The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-02-03

~ 0lE " VNIf AAtAE ENAtANANE ABROAD
AT your accession 20 the bench ne had this Court
as ~ present organized, We bad cur penAl code. the
civil code Of &6-S. And the decisions which form the
hrst volume Of Hawaiian Reports. Here was q
foundation for jurispradeDee broad enough for ths
time and fairly built upon. II vas under YoGr pre-
si5ency, 20 continue this work wisely and safely. The
situation was = peculiar enc. We were not colobists
bringing 10 q vacant = conquered OF a eoded e0un-
try the eoIauon lAS and statutes Of q mother eoun-
Try. Ihn Kingdom ever jealoasly guarded aud pre-
served its autonomy. Il received from a foreign
civilization laws Of foreign form. 20 be interpreted
and applied by the learning OF English and Amer-
can authorities aud the Civil Law, and yet wih an
observance Of Hawaiian IDEAS and Tights. The
Court must meet questions touching land ten
ures, irrigation and fishery rights, Of inheritance
and adoption ~springing from a time prior 10 mar
rage laws, questions Of delieacy respecting the ia
Tisdiction 1t should take over alien residents aud the
marine Of the great powers Of the world. affecting
the discipline Of ships and the Law Of whaling in.
terests. besides All the variety Of litigation arising
IN civilized states. IL has been your felicity. sir. A.
the Attorney General has said. % ~adJadicate these
cases uPon reasons which have borne the test Of
foreign and adverse criticism. and Likewise 80 a. 10
secure the entire confidence Of our our varied CON
munity. Sur, 6eeisis has been with you a lead
ing maxim. and you have never permitted your
sell to disregard cur own precederts, nor TO adopt
foreign rules without careful scrutiny Of their fitness
TO our situation And in all there duties you have
exercised a winning courtesy towards the Bar aud
towards jIries, witnesses and parties which will ever
be remembered in this Court.
Much more might be said, but there are others 20
speak. And nov addressing myself 90 your Associ-
ates sitting with you. l have to move. as voted by
the Bar. that q copy Of the resolutions which We have
presented TO Chief Justice Allen. be entered upon
the records of the Court.
He was followed by Mr.. Dole, who said:
MAY IT PLEASE YOUR HosoR In secondipg the
motion 10 place upon the records Of this court the
resolutions which the Bar have offered to your Honor,
and which 1 most cordially dol cannot neglect
this opportunity Of expressing 90 you my personal
sense of appreciation Of the value Of your character
and past official services TO the country aud 90 this
court. My own practice here covers eight years of
your administration Of justice, and / can never for
get the uniform and prominent cOurtQay which has
ever distinguished your intercourse with the members
Of the Bar, and which has often been so grateful and
encouraging TO beginners In the difficult study aud
practice Of the law. !
II some Of our number have at times seemed too
impatient Of occasional absences of your Honor,
which you and the government deemed necessary 20
the public welfare, I ask you now 10 remember that
such a feeling proceeded from their sense Of tho
possible damage which the community might be
liable TO from even the temporary loss Of your
presence and experience. /
For myself, in view of your resignation Of the
high and important office of Chancellor Of the King
dom and Chief Justice Of this Court, / feel that the
country loses much in tho loss to the bench Of your
dignity. courtesy, experience and firm and abiding
sense OF impartial justice. /
Permit me now. for my brethren and in my own
behalf, to bid you a hearty and friendly farewell,
accompanied with our warm wishes that you may
have a prosperous and happy life in the new line Of
public service. in which our country is still fortunate
in enjoying your assistance. 4.. t.|... |
Mr.. Barnard, the First Clerk Of the Court,
then read, in behalf of its officers, the follow
ing address: fa1
To the Honorable Elisha ii. Allen. Chief Justice Of
the Supreme Court and Chancellor Of the
We the undersigned. being officers of the Supreme
Court, beg to tender to your Honor our regrets at
your contemplated resignation Of the position of
Chief Justice of the Supreme Court and Chancellor
of the Kingdom, and at your departure from these
Islands.
In doing so, we would state, that during the many
years that your Honor has sat upon tho bench, we
have ever experienced the most uniform kindness at
-aa- LanAa ,-I a.. -. - III. - -.
arduous and pressing as they sometimes have been,
they have been lightened Of half their burden, and
made pleasing to perform, from the suavity of
manner in which your Honor's instructions have
been delivered.
We trust that in your retirement from the beach,
you may live many years to represent the Hawaiian
ut the Court of Washington, and in your
capacity Of Minister, still continue to render vaua-
BILE service to the Hawaiian Government.
Although separated by distance, we trust you will
so long presided, with n lively interest in its future
proceedings. and sometimes condescend a thought to
the officers of that Court, who though humble instru-
ments, have nevertheless, they trust, been faithful
in the discharge of the duties imposed upon them az
your Honor's hands. =
With the highest respect, We beg to subscribe our
your most obedient servants.
w. C. PARKE, Marshal.
JSo. 4. BARSARD, Clerk.
w. l.. WILCOX, Interpreter.
DAVID DAYTON, Dept. Marshal
Honolulu, Hawaiian Islands, 9th Jan. 1877.
Mr.. Preston moved that the above document
be placed on file among the proceedings Of the
Court, which motion was seconded by Mr..
Castle. 9s csc 4
His Honor Mr.. Harris, First Associate JUS !
ice, descending from his seat, spoke as fol-
ows: - tr4 Z
JUDGE ALLEN 1t NAV seem strange 10 YOU 10 see
ne speak from notes to-day, but 1 cannot trust my 4
elf to speak otherwise, lest the fast coming memo ]
les should make me iDdiscreet and cause mo 10 8
'ccupy more time than would be reasonable on such :
IN occasion. !
1t is now twenty seven years (come next August), !
for the United States, and as / was owner of 9
he vessel on which / came Il was with you, that my :
rst business, on landing on these shores, was ne .
essarily transacted. 1t was at your house, situated i
here the hotel now stands, that L met the first social
altering in this town, and from that time TO this, .
ur association has been frequent, and for most of =
he time, intim ate. wv Il
It Is now twenty years since you succeeded the late 9
Judge Lee, as Chief Justice. For u long period Of II
time was q practitioner in my private capacity, a
nd as a public prosecutor. 1t has befaHen us, =
TO make many circuits together, and / re- v
with pleasure, the long rides from Waimea ,
0 Hilo, when each term on the Island Of Hawaii was U
ivided between those distant points. For three G
ears / have been your associate upon this bench. II
Iuring more than thirteen years, we have been asso- u
lated in the councils Of the nation. 4 was one Of
our successors in the Office Of Minister Of Finance; g
nd whilst I was a member In my different capacities d
{ the Cabinet Of Kamehameha ", we have always 9
o-Operated together for the public benefit, and there o
as been between US a remarkable unanimity OF view -
n the objects to be pursued and the means Of attain
X them. g
When I look around me and observe that among d
hose who were laboring in this Court, when / COM a
ienced to practice, there is none now left, no, not v
ne and that many more who have Joined us since, q
have gone 10 the silent land and now, you tell me n
hat you are going to leave us-will any one won r
CT, that / feel that the last link is about to be bTok- ~
o, which connects me with the generation with 81
hitch we have acted, and for which We have labOred d
nat / am hereafter to be looked upon as by far the o.
enior of any one connected with our profession ia
ais country that in fact to use a haekneyed quota
on, but one which by its exceeding appropriateness, n
this occasion, is saved from dizziness, / shall u
" Feel like one IA
Who treads alone, o.
Some Banquet Hall deserted W
. . Whose lights ae ded