SANDWICH ISLANDS. THE HAWAIIAN KINGDOM. (From the "Sydney Morning Herald," August 23.)

New Zealander, Volume 7, Issue 568, 24 September 1851, Page 3

SANDWICH ISLANDS. THE HAWAIIAN KINGDOM. (From the "Sydney Morning Herald," August 23.)

Our last file fiom Honolulu contains the reported pioceedings of the Hawaiian Legislature. The two Houses — of Nobles and representatives— which were formerly united in one under the denomination ot the Legislative Council, are again separated in their deliberations, although occasionally, it would appear, acting conjointly. On the 21st of June, the following important resolution was adopted with only two dissentient voices. •' Be it resolved, by the Nobles and Representatives of the Hawaiian Islands, in Legislative Council assembled — "That, in the sense of this House, the demands of France are so cleaily unjust, and contrary, to the laws of nations and to treaty, and the course pursued by her is so incompatible with the existence of a regular independent Government in these islands, if France should persist in such a course, it will be the duty of the King to shield himself and his kingdom from insult and oppression, by placing this kingdom under the protection of some friendly sate, and that should such emergency be so urgent as not to admit of the Legislative Council being convened, it shall be left to his Majesty, by and with the advice of his Privy Council under such emergency, to consult *he honour and 6afety of his Kingdom, according to his Majesty's best judgment ; and that whatever he may so do will be binding upon the nation/ The proceedings of the Legislature arc so very imimperfectly reported that it is not easy to understand what the resolution refers to, but we presume it has reference to the demand made by France sometime ago for alleged injuries to French subjects. The King has prorogued the Legislature until April next, but has intimated the probability of their being called together earlier. We extract the following address from the representatives oi the Hawaiian people to their constituents. It will bo found interesting not only as q ving an account of their senatorial labours, but as affoi ding some guide to the present state and prospects of the kingdom, and its native inhabitants. " We, the undersigned, representatives of the people, feeling it our duty to render an acconnt of the manner in which we have discharged the trust reposed in us, lieieby submit to you a summary of those law*i passed during the last session of the Legislature, which we consider of most interest to the people at large. " One of the most impoitant branches of our legisla tiou has been that lelating to the rights of Piscaiy. We have procured the passing of an Act granting the fisheries, heretofore owned exclusively by Government, to the people. From this time henceforth all men are entitled to fish on the Kilohee, the Luhee, and the Malolo grounds, and on all other grounds belonging to Government ; and no portion of the fish that may bo taken on any of these gronnds will hereafter belong to the Aupuni." " Another Act has been passed relating to private fisheries, by which the rights of the people and the konohikis, in these fisheries, are more distinctly defined than in the old law. Its main provisions are, that no konohiki shall, under a penoliy of one hundred dollars, taboo more than one kind of fish on any one land, or number of lands adjoining each other ; nor deprive the people of the right to take any fish not tabooed. It also provides that any person who has heretofore purchased, or may hereafter purchase, any Government land, shall have no greater right to fish in the sea belonging to said land, than any other person. '< Secondly.— We have obtained for the people aright to take firewood, hou6e timber, aho cord, thatch, and ki leaf, from the lands on which they live, without the consent of the konohikis, or their limas : Provided, how* ever, that they shall take theso articles for their private use only, and not for sale. "This is a great point gained for the people; and the King and Chiefs, in giving their assent to a measure of such lmpoitancc to the Hawaiians, deserve our most piofound gratitude. " Thiidly. — We have passed an Act for the appointment of agents, in evtry district where there are Government lands for sale, whose duty it shall be to sell lands <o the Makaa«nanas residing in such districts, in lots of fiom one to fifty acres, at a minimum price of fifty cents per acre. "Hereafter, there can be but little doubt that each man, notaheady provided with sufficient land, will become possessed of a small farm. Save your money then, and improve the oppoitunity, now afforded, of purchasing a home-stead for yourselves and families. Those of you who have no kuleanas, or who have neglected to send in your claims to the Land Commissioners, must not fail to avail yourselves of this privilege. " Fourthly — The important subject of public roads has received our earnest attention, and the Legislature has passed an Act giving to the people the election of the lload Supervisors, in their respective districts; providing also that the road taxes shall be under the control of such supervisors, and be expended in the districts in which they aie collected; that the aged, the sick, and bojs under sixteen years, shall be exempt from labour on the highways ; and that no person shall be taken moio than live miles fiom his residence, to work on the loads; and that no new road be opened, or old one closed, unless by consent of the people of the district, expressed in public meeting. " To meet the wants of those parts of the islands in which the roads are known to be in a veiy bad condition, we have made the following special appropriations :—: — Dols. c. For the road between the sea beach at Kawaihae and Elcio, in Ilamakua, Hawaii 2,000 00 For loads in six distiicts of Hawaii, the sum Of .100 dollais each 3>ooo3 > 000 00 Making, iv all, the sum of 0000 dollais for the island of Hawaii. Foi iho mountain ro.id between Ukumchiime and Wailupu, on the island of Maui, the sum 0f.. ...1 1,000 0J For the road between Honuaula and liana, on the island of Maui 2,000 00 Making in all the sum of 3,000 dollais for the island of Mani For the Kalaupapa road on the island of Molokai 500 00 For budges on the road between Honolulu and Waialua, on the island oi Oahu ....•• • "5,000 00 For the load between Waimea and Hanalei, on the island oi Kautu „ 2,000

" Over and above these^special appropriations, we have placed at the disposal of the Minister of the Interior the sum of 7000 dollars, to be expended in his discretion, for roads and bridges throughout the kingdom. Fifthly.— The subject of prisons, and die employment, discipline, and reform of criminals, has occupied no small portion of our attention; and an Act has been passed to remedy the evils existing in this branch of Government. We have thought that the want of better prisons, and the total absence of discipline in those we have, were ciying evils, which demanded immediate reform ; and to this end v/e have established a thorough sys em of prison government, and appropriated 41,000 dollars, for the erection of suitablo gaols on all of the islands, " Sixthly.— The subject of schools has received that consideration T>bich it merits in every land. We have deemed it wise, as far as practicable, to place the direction of schools in the hands of the paients ; and, with, tbis view, have passed a law for the election, by tho parenta and guardians of scholars of two trustees for each school, who are to he instructed by the School Inspector in the choice of teachers, and in the general management of the schools uDder their direction. " It is hoped that'this measure will tend to increase that interest which parenta should ever feel in the education of their children. '' Give your children knowledge, for knowledge is power, and a power, too, without which no nation ea» long exist. 11 Neglect of children is one of the damning sins of the land, and we beseech you to arouse from your torper, and watch over your offspring as the future hope of the nation. " Seventhly. — Another |of importance, upon which we have legislated, is that of appeals. We have provided that any persons feeling aggrieved by the decision of any district or police justice, may make an appeal from such decision to a circuit Judge in chambers, upon giving notice of bis intention so to appeal, within tan days, and paying the costs accrued, within twenty. Also, that he may appeal from the decision of the circuit Judge to the higher Courts, and have a trial by Jury, by giving a bond in the penal sum of fifty dollars, conditioned for the payment of the costs in <he Court above mentioned in case he ib defeated. We are aware that there ha 3 been much oppression among the Judges, in reference to appeals, and we trust the law, enacted will afford * remedy. It is short and clear. " Eighthly. — The people have experienced much trouble from the law requiring petitions to the Courts, applcations for land, agreements, wills, and many other documents of minor importance, to be stamped before they had validity. This law has been amended, and stamps, have, for the most part, been abolished. However, all deeds, leases, nnd agreements respecting land, and other documents of a like chaiacter, must still be stamped to be binding on both parties. " We have also passed a law for the encouragement of agriculture ; another, prescribing the powerß and duties of Guardians and Wards; resolutions continuing the duties on spirituous liquors, and limiting their sale to the city of Honolulu ; and an enactment providing for the revision of the Constitution by a commission of three persons— one chosen by the King, another by the House of Nobleß, and a third by the representatives of the people. It is made the duty of thi« commission to submit the amendments proposed to the people, previous to their next election. " In all, we have passed upwards of thirty Acts and Resolutions, a history of which, we fear, would he more tedious than profitable. It were too much to hope that none of our Acts will prove injudicious; but we trust that in all our labours, we have felt a due sense of our responsibility, and been actuated by a sincere regard for the welfare of the nation. " Wecannotclose without seeking to impress upon you the importance of a strict obedience to the laws, and at the same time a jealous regard for all your rights and liberties, guaranteed by those laws and the constitution of the kingdom. Suffer no one to drive you from your lands, or frighten you out of your rights, by words, threats, or force. Stand firm, and face every atttempt at oppression by a resort to the legal tribunals. If the laws are unjust, petition for their reform — if there are great public grievances, for which the laws afford no remedy, join in an appeal to the Legislature for a new enactment to meet the evil. " We have endeavoured to secure you the little possessions you have, and to open the way for each man to purchase a homestead, for himself and his children ; but what avail our efforts, if you do not second them by your exertions 1 Buy lands, and till them ; for agriculture is one of the surest hope of your prosperity and national existence. You need strength— physical, mental, and moral; and tin's can only bo obtained by industry, virtue, and steady habits. It is in vain to close our eyes to the solemn fact, that you are fast passing away. A sleep of indolence and vice seems to have fallen upon you, and the truth cannot and ought not to be concealed, that unless you arouse from this lethargy you must soon perish from the face of the earth. Foreigners multiply, while natives decrease. And wherefore ? Certainly there is a reason, and we apprehend it is to be found in your uucomfortable homes, and your indolent, irregular, and licentious habits, We speak plainly, for we feel deeply. Forsake your vagrant habits — build good houses, and keep them dry and clean — cultivate your lands be faithful to your wives, educate your children, and the tide of destruction will be stemmed. Go on in the course you are pursuing, and soon all legislation for the Hawaiian race will be in vain ; you will present [to the world the sad [spectacle of 8 nation sinking to the grave, without a single effort to avert its doom." This address is signed by twenty-four persons, sixten of whom, judging from their names, are evidentlye netive Hawaiians, and the remainder British or Arne raan.

The Best Sailing on Record. — We see that the late voyage of the clipper sbip Typhoon, from Portsmouth, N. 11., to Liverpool, in IS\ days, is noticed, by some of the papers, as eclipsing all other Bbips, across the Atlantic. The packet ship Southampton, Capt. E. E. Morgan, of the N.York and London line, however, still takes the lead, and cannot be easily beaten. On her outward passage, in June, 1850, she made the distance from thia port to Falmouth, England— about 200 miles farther than the course of the Typhoon— in thirteen daya and eleven hours ! It should be remembered, too, that the Typhoon went out in ballast, while the Southampton had a large freight, drawing 19^ feet of water. The former vessel, on her best day, made 346 miles ; the Southampton, the unprecedented distance of 385 miles !• — Polynesian, Important Decision. — Case of Baker vs. Manufacturers' Insurance Company. — This case involved a principle of much interest, in which nearly all the drygoods importers, as well as nearly all of the Boston insurance companies, were immediately interested, and has been in suit about five years. Baker's claim was, in this particular suit, for about #3000, viz. : for damage of goods on board ship Moselle, from Havre to Boston, after a long winter passage of about 100 days : of thia amount, #1300 was proved to have been from sea water, and about #1700 from mould, spots, &c., arising from change of climate, sweat of the hold, and like causes, acting on the peculiar colors and dyes which enter into the fabrics of nbons, gloves, laces, silks, &c. —The defendants offered to pay, without a suit, the damage by sea water, but denied their liability to the claim arising from other causes. The plaintiff insisted that the long passage was a peril insured against, and that all damages arising from such long passage were covered by his policy.— At each stage of this trial the Jury and the Court has decided— That Baker was not entitled to recover damages for mould, spots, &c, arising from humidity of the bold and long passage j and the final judgment, against the defendants was only for that sum which they originally agreed to pay without a suit. This was a test suit, many other cases depending upon its result.— Boston Journal,