The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-06-14

I
bcred that we are considering n trans
action which occurred In the Hawaiian
Islands In iste. and by the condition.
Of that time were the acts % the par
ties Induced. Besides, the agreement
Il not In n formally executed paper II
IL found In a correspondence, and II
constituted and explained by the whole
OF the correspondence And taking the
whole OF II, there IL very little aid from
extrinsic evidence needed 10 demon
strate It's meaning and purpose.
The Mission reminds the Minister of
Public instruction that the seminary
was established In 1881, ito promote the
diffusion OF enlightened literature and
Christianity throughout the islands"
and that II had been increasingly
watched over, cherished and cared for
by the Mission. and that $4,000 had
been expended for Its benefit. 1t was
stated that In consequence of debts In
Cured sin the prosecution of It's labor
of benevolence and mercy" the Amer
lean Board of Commissioners of For
eign Missions was compelled to
diminish it's grants to each OF the
Missions under its care, including the
Hawaiian mission, and that the latter
for that reason would be unable to
carry forward its operations with the
vigor to be desired in all of it's depart
ments of labor" In view of these facts,
II was stated and believed that under
the circumstances the transfer of the
institution ito the fostering care and
patronage of the government" would
promote the highest interest of the
Hawaiian people" An offer was then
made to transfer the seminary with
the conditions which we have referred
to. A confession of faith was enclosed.
The government modified the proposal
by reserving the right to pay $4,000
as an alternative to the reversion of the
property to the Mission If the govern
ment should not fulfill the conditions
of the grant. The modification was ac-
cepted, and in a subsequent commune
cation a new confession of faith was
substituted to that originally proposed.
The following are the reasons which
were given:
THE reasons for requesting the sub
stitution are, that the previously-pre-
scented confession, although according
in all its specified doctrines with our
belief and with that also of the
churches by whom that institution has
been founded and sustained. is yet not
so distinctive as to present barrier
to the introduction there of other del
eterious doctrine not specified in said
confession. 1t will admit, also, of
teachings of this Mission and of the
churches sustaining 1t, such as we feel
to be entirely subversive of evangelical
Christianity. Not doubling but that
these reasons will commend themselves
to the members of His Majesty's Gov
eminent, we beg leave to express in
presenting them the high consideration
with which we remain"
The correspondence concerned the
transfer of a school established in 1885,
the design of which was to perpetuate
the Christian religion, and with an OBJ
ject to be still more definite and of
equal or greater Importance" that is,
ito educate young men to be Christian
ministers" A religious instruction was
prescribed. All this the government
was informed of when the proposition
was made to transfer the school to it's
IpStcIluS NdIt patronage Anu
the government accepted the grant, ac-
cepted as it was rendered, and neces-
sarily for the purpose it was rendered.
Even If we stopped here, conviction
of the business of that conclusion is
almost indisputable. 1t becomes indis
putable if extrinsc evidence be con-
sidered and we have no doubt that it
may be. In Bradley V. W. A. & G.
Packet Co., 10 Pet 80, contract ex-
pressed in correspondence between
the parties for the hire of a steamboat,
an exception was engrafted which was
not expressed, upon evidence that the
owner of the boat knew the service for
which it was intended, and that when
navigation was obstructed by ice an
other mode of transportation was re-
sorted to. The court said, as to ex-
trinsic evidence, it was applied in some
cases Ito ascertain the identity of the
subject; in others its extent. In some,
to ascertain the meaning of q term,
where II had acquired by use a broad
meaning; in others, to ascertain in
what sense ii was used, where it adj
mitted of several meanings. But in all
tain by this medium of proof the in
tention of the parties, where without
the aid of such evidence that could
not be DONE so as to give a just inter-
probation to the contract" And it was
expressed las the just result of the
cases, that in giving effect to a writ
ten contract. by applying II to its
proper subject matter extrinsc evil
dence may be admitted to prove the
circumstances under which it was
made; whenever without the aid of
such evidence, such application could
not be made in the particular case" In
Brooklyn Life Insurance co. V. Dutch
er, 80 U. $. 269 IT was said; There is
no surer way to find out what parties
meant than to see what they have
done" So obvious and potent a prin-
ciple hardly needs the repetition it has
received. And equally obvious and po-
tent is resort To the circumstances
and conditions which precede con-
tract. Necessarily, In such circum-
stances and conditions will be found
the inducement to the contract and a
test of its purpose. The conventions
of parties may change such cireum-
stances and conditions, or continue
them, but It can not be separated from
them And this makes the value of
CUutCmpprHn menus poustructinn n "a