The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-07-13

treaty was made by the two Governments, and by
them. and not by the Hawaiian Courts. must the
matter be settled. To his (Mr. Rhodrs) knowl-
edge some importers were now waiting for the re-
turn Of those duties paid under protest. Should
they not be returned, as according 10 the c%onstruc-
ton Of the treaty by the British Government they
should be, our friendly relations with that power
would receive n blow which would be sadly
damaging.
The minority report further states. Between
Her Britannia Majesty's officials and His Majesty's
Government there is a difference OF opinion Mr..
Chairman. this il not a difference OF opinion be-
tween British officials and Ills Majesty's Govern
ment. but between The two Governments. We
must not disguise il from ourselves. IL Is the
British Government. through its Foreign Secretary,
with which we are now at issue.
/ have nothing 10 say about Mr.. Carter's report
to Mr.. Peirce. and now turn to the majority report.
On page 2 occur the passages: The steps taken
by His Majesty's several Ministers OF 1874 70 1876
and 1878 have apparently all aimed at one object,
and the Ministerial policy has been 20 indorse the
action which has led us into these difficulties, 30 as
TO cause Hawaii to be threatened with coercion,
and our relations with a friendly power TO be dis
turbed.'
1T is very evident to be seen that the Supreme
Judges have also Endorsed the action taken by the
Ministry in this matter. As in all difficulties arts.
ing ont Of any question, His Majesty. with bis Min
listers, would without a doubt consult the judicial
authorities OF the country as 10 their opinion con
corning such difficulties" And again, page %:
" The weight Of this matter has fallen on us through
NV NAA'A VI bAA hAbNAN ANf ~ Nv = -
up TO the present time. by an Act Of the Legisla-
ture OF 1874 we commenced this work Of aliena-
ton. Now this was the proper time 10 have con
sidered the purpose Of the " Article of the
Anslo-liawaiian Treaty Of 1881 etc.
Yes, here was the fault; here was the false step
taken; deliberately taken by all concerned
Judges OF the Supreme Court, Ministers, and the
Assembly. The 29th article Of the Constitution
was openly, Intentionally set at naught-yiolated
by that Act providing for the ratification of a
treaty which was not in existence. OF which not a
line was written. (llere Mr.. Rhodes read the law.
Chap. Al, of the laws OF lS74.) The said article of
the Constitution provides that al treaties altering
the laws on tariff shall be submitted for ratification
TO the Legislature. How could such a treaty n.
submitted for ratification before il was In being.
All who were members 81 the Assembly of 1876
will remember the stand taken by the Ministers
OF that day. when they were challenged TO pro-
duce the Reciprocity Treaty, and refused On tho
ground that they had consulted the Judges of
the Supreme Court, and were advised by them
that the law Of 1874 was sufficient.
hes, that IS the false step, which, persisted In, has led rs
into our present difficulty with Great Britain. and which viii
lead Us into sin greater difficulties II it be not retraced. And
Indicated by the Courts Of the country according to law - No.
DIT Chairman, Hawaiian Courts Of law are not the Courts In
which these claims can be adiudicated. IL is notorious tbat
our Judges are politicians, and that they have much 60 say Ia
o H. ~ ahn -. bolnea, mas'ers. BESIDES, we see that these
Jority report that Mr.. Garter has declared that We do " NOT
prSeP'I protest. % rfy c any S ol '9 ,ss Su ~ which had been paid
refund We should refuse, aud II compelled 80 TO do we should
use our undoubted right. after the expiration Of the years
notice, to put such a tariff on British goods as would make
mem repay US tcnfOld.'
What a farce. what a mockery, 60 propose thai these claims
shall be decided. In Hawaiian Courts hut why say more ?
We looked for information from he late Government. and from
The Committee 81 which the Hon. Noble IL Chairman, Tor Ia.
touching on or foreign relations which the Assem-.
BY, the country, had a right 10 expects but we looked la vain.
l therefore beg 20 offer the following resolution, aud / hope Ia
may have the effect Of elicilng from some member either Of tbs
late or present Government some good reason Tor the silence
have maintained on a subject vital 60 the welfare of ths
country
Resoiged, That the majority report Of the Committee Of
Foreign Relations be adopted that the Minister Of Finance be
'equested 10 pay all claims Tor duties paid under protect duf.
ng the year commencing with the Remuneration Of Article v of
he Treaty Of 1881 with Great Britain, which shall appear by
he Custom House accounts 10 be correct. aud to report 10 the
assembly the amount 40 10 be paid, In order that IL may be
ia the APPROPRIATION bin.