The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1879-11-15
British Jurisdiction in the Pacific.

u Ne1s, Of Sept. q
On the 18th ult., a very important case. af-
fecting South Sea Island traders was tried in the
High Commissioners Court for the Western
Pacific, at Leyuka, Fiji (before Chief Justice
GOrrie and the native assessOrs), and in which
Captain Kilgour, Of the schooner Mystery, was
charged with the malicious destruction Of pro-
perty by burning native houses on the island Of
AOba- The accused pleaded not guilty. Mr..
Thomas appeared for the defence, and the At
tOrney General for the prosecution.
The Attorney General opened, and called in
evidence James Buckley, ABB, Of the schooner
Mystery also Stephen Baker, steward. The evil
denee was 10 the effect that a boats crew from
the schooner Mystery had landed on the island Of
AOba to recover a boat lOst by the Mystery in
the previous year. In getting the boat of the
beach, the natives fred on the boats crew, which
returned il, and the sailor then landed in corr
pany with some returned IabOur, and fred the
natives huts in retaliation, under instruction Of
their superior officer.
The Judicial Commissioner charged the asses
sOrs as follows First of all, gentlemen, you
will see that although We have been dealing with
evidence Of a very serious collision between the
Mystery and the natives Of the Island Of Aoba,
the accused, KIlgOuT, IL not charged with the
more grieVOus offences OF shooting with intent TO
kill, or TO wound, such as we have tried in this
Court, but the charge against him is the COM
paratiyely milder one OF w~antonly and malicious
ly destroying certain houses. Ii may not be out
Of place TO remind you that in Consequence of the
number of Offencesi IN the Pacific, OF kidnapping
Of natives, Of attacks on native villages, and such
like, the Western Pacific Order-in-C Council was
passed 70 render Briti-h subjects amenable to
law In the Western Pacific exactly as if they
were in British territory. So long as the whites
continue to peTpetrate offences, so long will the
Pacific be unsafe, for | need not tell you that az
saults breed assaults, and crime breeds crime.
The accused, in answer to my questions, said he
had never seen any attack on a native village be-
fore. and did not know such things were Gus
tOmary in the Pacific, but | asked him, as il is
really the only explanation Of his own conduct, If
not a justification Of 1t, that unfortunately such
things are too common. Indeed, two other
offences Of the same kind have been reported to
the Court from other islands. You are aware,
from what you have heard on this trial, and the
fact is now part of the sad history of these seas,
that last year, the mate and government agent
along with a native boats crew OF the Mystery,
were killed on this island of Aoba, and the boat
itself taken possession Of by the natives. Now
this action of the natives was taken notice OF by
the proper authorities. The Commodore went
there with III. NJ. ). Wolverine, and took what
steps he considered necessary. But he was met
at Hayannah harbour by the letter Of the ac-
cused, which you have heard read, informing him
that this master of n recruiting vessel had also
been playing the Commodore, and been engaged
in hOstilities with the natives, although, as nc
has informed you, he was perfectly aware that
the Commodore was on his way to the island
"aN- A@A ~ ~ 49, .
But the Commodore was also informed, as you
have heard proved, and this explains why a
summons was issued against the accused, that
the village attacked, and in part destroyed by the
accused, was miles away from the place where
the mate and Government agent were murdered,
ami belonged to a chief who bad always been
friendly to white men. What we have now to
do is 70 consider the evidence To ascertain
whether this village was attacked, and the houses
destroyed as in the charge. and to estimate fairly
and 1nnarrTalu tho defiance and RxnlanafI pn
which the accused has set up. L need not tell
you, gentlemen, that a private citizen has not
the right to 90 to war on his own private ac-
count. If he does so on the people OF a civilized
State, he would be punished as a fllibuster, and
his own government would most properly leave
him to be punished as he deserved. Neither has
a private citizen any right to make war against
unciviliZed natives. 1t Is the sovereign power
alone which has the right to say when a re-
course should be had to arms. and when a people
or tribe shall be punished for any act or wrong
doing. But KilgOur was determined TO recover
the boat by any means. and he coOlly informed
the Commodore in his letter, evidently regarding
his own powers as somewhat on a part
with those Of that officer, that he had
resolved TO do so. He even uses the Latin
words to express his resolution. "a d arms.
Even before proclamation Oi the Order-in-
Council this decision would have been most i'm
proper, but after the proclamation Of the Order
In-COuncil, it was utterly illegal, and he has no
reason at least 20 complain u Tue IOIm OF tue
charge now made against him, when he admits
he had resolved upon committing so grave an Of
fence. He called for volunteers from his own
crew, which was bad enough, but he did what
was still more reprehensible, he took volunteers
from the labOureTs whom he was bound to return
in safety to their homes, who had nothing to do
with the vessel or It's boats, and whom 1t was
most wicked to incite to 90 TO war against the
people Of another island, insuring retributive wars
and murders for many years to come. The al
legation Is that only three small houses were
burned. and Charlie Liiu told US he got
the order to apply the match from the accused
himself: but kilgOur IN his letter says
openly and frankly that they &" burned
the place, and we know too well what the firing
of a native village would naturally lead TO, to re-
quire much proof that the fire did not restrict it,
self to the houses actually at first committed to
the flames. The frankness with which the ac-
cused put all these matters down in writing to
the COmmOd' re shews how little idea he had of
their unlawfulness. / can almost Imagine, from
the style and tone of his letter, that he expected
TO be completed on his gallantry. The readiness,
also, with which he answered the summons of the
Court Is IN his favor, but rather in considering
the question OF punishment, If We should find him
guilty, than the question OF guilt itself, which we
have first to determine, and which it is now our
duty to do.
The Judicial Commissioner and assessors re-
tired to consult. On their return, the Judicial
Commissioner, addressing the accuse, said -
. MIR. hilgour, the Court hnds you guilty OF the
offence charged against you. In Judging of the
punishment which ought to be inflicted, l am al
ways most anxious,tO take into account any cir
eumstances which can tend to mitigate the sem
tenee. Two things certainly tell in your favor,
the frankness with which you have admitted
everything, and the prompt manner in which you
have Obeyed the summons of the Court, coming
at once from a considerable distance, and when
on recruiting voyage, to answer the charge. If
| were to sentence you to imprisonment, the sem
tence might seriously embarrass your owners,
who are not charged before the Court. If it
were necessary to do so. of course that would
not prevent me imposing a sentence of imprison-
ment but the object to be gained by your trial
will probably be gained as regards yourself and
others without imprisonment. must, however,
infiict such a fine as will shew that these petty
wars, at the instance OF private persons in the
Pacific. will not be permitted. You will have to