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AN 


ACCOUNT  OF  THE  VISIT 


OF  THE 


FRENCH    FRIGATE    L'ARTEMISE, 


TO  THE 


SANDWICH  ISLANDS; 


jfVL.it,  i§39. 


onolulu: 

1839. 


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•^/^; 


We  the  undersigned  officers  of  the  United  States 
East  India  Squadron,  having1  upon  our  arrival  at  this 
place,  heard  various  rumors  in  relation  and  derogato- 
ry to,  the  American  Mission  at  these  islands,  feel  it 
to  be  due,  not  only  to  the  missionaries  themselves, 
but  to  the  cause  of  truth  and  justice,  that  the  most 
unqualified  testimony  should  be  given  in  the  case;  and 
do  therefore  order  one  thousand  copies  of  the  annexed 
article  and  correspondence  to  be  printed  for  gratuitous 
distribution,  as  being  the  most  effectual  mode  of  set- 
tling this  agitated  question  in  the  minds  of  an  intelli- 
gent and  liberal  public. 

Being  most  decidedly  of  opinion  that  the  persons 
composing  the  Protestant  mission  of  these  islands  are 
American  citizens,  and,  as  such,  entitled  to  the  pro- 
tection which  our  Government  has  never  withheld; 
and  with  unwavering  confidence  in  the  justice  which 
has  ever  characterized  it,  we  rest  assured  that  any  in- 
sult offered  to  this  unoffending  class  will  be  promptly 
redressed. 

It  is  readily  admitted  that  there  may  be  in  the  ope- 
ration of  this,  as  in  all  other  systems  in  which  falli- 
ble man  has  any  agency,  some  objectionable  peculia- 
rities; still,  as  a  system,  it  is  deemed  comparative- 
ly unexceptionable,  and  believed  to  have  been  pursu- 
ed in  strict  accordance  with  the  professed  principles 
of  the  Society  which  it  represents;  and  it  would  seem 
that  the  salutary  influence  exerted  by  the  mission  on 
the  native  population,  ought  to  commend  it  to  the  con- 


(iv) 

fidence  and  kind  feelings  of  all  interested  in  the  dis- 
semination of  good  principles. 

GEO.  A.  MAGRUDER,   Lieutenant. 

ANDREW  H.  FOOT,  Lieutenant. 

JOHN  W.    TURK,  Lieutenant. 

THOMAS    TURNER,   Lieutenant. 

JAS.  S.  PALMER,  Lieutenant. 

EDWD.  R.    THOMSON,  Lieutenant. 

AUGUSTUS  H.  KILTY,    Lieutenant. 

GEO.  B.  MINOR,  Lieutenant. 

JOHN  HASLETT,   Surgeon  of  the  Fleet. 

JOHN    A.  LOCKWOOD,   Surgeon. 

DANGERFIELD  FAUNTLEROY,  Purser. 

FITCH  W.  TAYLOR,    Chaplain. 

ROBERT  B.  PEGRAM,   Master. 

JOSEPH  BEALE,  Jlst.   Surgeon. 

J.  HENSHAW  BELCHER,    Prof.  Math's. 

ALEXR.  G.  PENDLETON,  Prof .  Math's. 
Honolulu,    Oahu,  November  1st,  1839. 


AN  ACCOUNT 

OF  THE  TRANSACTIONS  CONNECTED  WITH  THE  VISIT 
OF  THE  L'ARTEMISE; 

Remarks  on  the  Manifesto; —  Treatment  of  the  Missionaries , 

and  the    Correspondence  between   the  Missionaries  and 

Commodore  Read. 

By  Samuel  K.  Castle,  Honolulu. 

.  The  French  Frigate  l'Artemise,  Captain  C.  La- 
place, arrived  in  the  roads  off  Honolulu,  Oahu,  July 
9,  1839.  Capt.  L.  came  commissioned  by  his  govern- 
ment to  adjust  its  difficulties  with  that  of  the  Sand- 
wich Islands. 

On  the  afternoon  of  the  same  day,  the  U.  S.  Con- 
sul issued  the  following  official  notice,  viz: — 

"United  States  Consulate,  \ 

Sandwich  Islands,  July  9,  1839.     5 
To  the  Citizens  of  the  United  States  . 
resident  at  the  Sandwich  Islands; 

I  am  officially  informed  by  the  commandant  of  the  French  Frigate  l'Arte- 
mise that  satisfaction  is  demanded  by  him  for  the  offences  of  this  govern- 
ment against  that  of  France;  and  that  unless  such  satisfaction  shall  be  pre- 
viously granted  hostilities  will  be  commenced  on  the  twelfth,  by  the  force 
under  his  command. 

In  case  of  war,  I  am  desired,  under  his  kind  favor,  to  profler  to  all  Ameri- 
can citizens,  excepting  the  Protestant  clergy,  an  asylum  and  protection  on 
board  the  Frigate. 

(Signed,)  P.  A.  BR1NSMADE." 

Also  under  date  of  the  10th,  the  following  addressed 
to  the  mission: — 

"U.  States  Consulate,  > 

Sandwich  Islands,  July  10, 1S39.    $ 
To  Mr.  Levi  Chamberlain,  agent  of 
the  secular  affairs  of  the  American 
Mission  of  the  Sandwich  Islands; 

Sir:  —  I  have  just  received  official  communications  from  the  commander 
of  the  French  Frigate  recently  arrived  of  the  possibility  of  hostilities  being 
commenced  by  the  force  under  his  command  against  this  government  and 
people,  and  I  feel  it  my  duty  to  apprise  you  as  an  American  citizen  residing 
within  my  Consular  district  of  the  position  in  which  that  communication 
places  you  and  those  associated  with  you  under  the  patronage  of  the  Am. 
Board  of  Com.  for  Foreign  Missions.  On  the  other  side  you  will  please  find 
copy  of  a  translation  of  the  document  which  you  will  please  use  far  your  infor- 
mation, and  -with  the  understanding  that  its  publication  in  print  will  not  be 
authorized  by  me. 

I  am,  Sir,  with  entire  respect,  your  most  Obt.  Sent. 
(Signed,)  P.  A.  BRINSMADE," 


(2) 

Captain  Laplace's  Communication  to  the  Consul. 

[Copy  of  translation.] 

"Monsieur  i.e  Consul:  — Some  difficulties  have  taken  place  between 
Ihe  king  of  the  Sandwich  Islands  and  France. 

The  Manifesto,  a  copy  of  which  I  have  the  honor  of  addressing  to  you  as 
llie  representative  of  a  nation  friendly  with  mine,  will  explain  to  you 
what  have  occasioned  them.  They  are  such  that  if  this  chief  does  not,  give 
me  the  just  satisfaction  which  I  demand,  hostilities  will  commence  the  13th, 
at  noon. 

Under  these  circumstances  I  consider  I  ought  Monsieur  le  Consul  to  in- 
form you,  that  I  offer  to  your  compatriots  asylum  and  protection  in  the  Fri- 
gate 1'Artemise  should  they  apprehend  any  danger  on  the  part  of  the  na- 
tives for  themselves  or  their  property. 

I  do  not  however  include  in  this  class  the  individuals,  who,  although  born 
it  is  said  in  the  United  States,  make  a  part  of  the  Protestant  clergy  of  the 
chief  of  this  archipelago,  direct  his  counsels,  influence  his  conduct,  and  are 
the  true  authors  of  the  insults  given  by  him  to  France. 

For  me  they  compose  a  part  of  the  native  population  and  must  undergo 
the  unhappy  consequences  of  a  war  which  they  shall  have  brought  on  this 
country. 

Accept,  Monsieur  le  Consul,  the  assurance  of  the  very  distinguished  con- 
siderations of  your  devoted  servant, 

(Signed,)  C  LAPLACE. 

Post  Capt.  Coin,  the  1'Artemise." 

The  members  of  the  Mission  at  Honolulu  held  a 
meeting  on  the  11th,  and  in  view  of  probable  hostili- 
ties and  the  peculiar  danger  to  which  they  considered 
themselves  and  families  exposed  from  the  exception 
in  the  Consul's  notice  should  hostilities  occur,  thought 
proper  to  apply  to  the  American  Consul  for  protection 
as  American  citizens. 

Accordingly  one  of  their  number  was  appointed  to 
draft  a  letter  expressive  of  their  wishes  and  reported 
the  following,  viz:  — 

"To  P.  A.  Brinsmade,  Esq. 
U.  States  Consul; 

S i u :  —  We  learn  from  your  official  communication  to  the  American  cit- 
izens at  this  place,  that  the  commander  of  (he  French  Frigate,  now  in  the 
roads,  having  demanded  of  the  authorities  of  this  nation  satisfaction  for  al- 
leged offences  against,  the  French  nation,  threatens  speedy  hostilities:]!  case 
his  terms  are  not  complied  with; and  that  in  that  cnse  he  offers  asylum  and 
protection  ou  board  his  ship  to  rill  American  citizens  except  Protealant  Cler- 
gymen. 

We  regard  Ourselves  as  proscribed  by  llu's  exception,  our  persons,  our 
lives  our  families,  and  a  considerable  amount  of  property  of  three  chartered 
societies  in  the  United  States,  the  Am.  P.  C.  V.  M,  Am.  Bib.  Society,  and 


(o) 

iho  Am.  Tract  "'ociety — exposed  to  violence  without  our  having  lit  any 
way  violated  our  duty  or  forfeited  our  protection  as  American  citizens,  or  in 
any  way  either  secretly  or  openly  having  offered  any  insult  or  injury  to  the 
great  j  enlightened,  powerful  and  deservedly  respected  nation  of  the  French, 
We  therefore  respectfully  solicit  the  protection  of  the  United  States  for 
ourselves  and  our  associates  throughout  our  mission,  forty  unoffending  citi- 
zens of  the  United  States  and  their  families^  and  request  you  to  take  such 
measures  and  such  means  as  may  seem  to  you  proper  and  within  your  reach, 
for  the  security  of  our  just  rights  as  citizens  of  our  common  country,  to  which 
we  are  bound  by  a  thousand  ties  though  separated  by  thousands  of  miles* 
and  which,  we  are  happy  to  say,  is  now  on  terms  of  amity  with  France. 
Very  respectfully,  }*our  fellow  citizens 

and  obedient  Servants, 
Levi  Chamberlain,  H.Bingham, 

A.  S.  Cooke,  C.  Forbes, 

II.  O.  Knapp,  G.  P.  Judd, 

H.  Dimond,  S.  N.  Castle, 

R.  Tinker,  W.  Richards, 

Lowell  Smith." 

To  this  communication  the  following  answer  was 
received: — 

"  United  States  Consulate,  > 

Sandwich  Islands,  July  12, 1839.     5 

To  Mr.  Levi  Chamberlain  and 
others  of  the  Am.  Missionaries 
at  the  Sand.  Islds. 

Gentlemen:  —  Your  communication  of  yesterday  soliciting  the  protec- 
tion of  the  United  States  for  yourselves  and  associates  throughout  the  mis- 
sion against  the  intended  aggression  upon  your  American  rights  on  the  part 
of  the  French  naval  force,  now  lying  off  this  harbor,  has  been  received  at 
this  consulate. 

In  reply  I  can  only  say  that  my  Consulate,  established  by  the  authority 
of  the  United  States  and  acknowledged  by  this  government,  is  under  the 
protection  of  the  American  flag.  Within  its  office  and  enclosure  I  offer  you 
such  asylum  and  protection  as  it  may  afford  by  its  neutral  position  in  rela- 
tion to  the  nations  whose  differences  are  in  progress  of  adjustment.  I  am 
offered  from  the  authorities  of  this  country  all  the  means  of  defence  which 
I  may  deem  necessary. 

I  am,  Gentlemen,  with  entire  respect, 
Your  most  Obt.  Servant, 

(Signed,)  P^  A.  BRINSMADE, 

U.  S.  Consul." 

Upon  the  receipt  of  this  communication  Mr.  Cham- 
berlain in  behalf  of  the  members  of  the  Mission  at  the 
station  made  the  following  communication  to  the  U. 
S.  Consul: — 


(4) 

"To  P.  A.  Brmsmade,  Esq.  Honolulu,  July  12, 1&J0. 

U.  S.  Consul; 
Dear  Sir:  —  I  have  just  received  yoiir  official  communication  in  reply  to 
an  application  of  the  members  of  the  Sandwich  Islands  Mission  resident  in 
Honolulu,  asking  protection  from  your  government  in  case  of  hostilities  be- 
ing commenced  on  the  Sandwich  Islands  nation  by  the  national  armed  ves- 
sel of  France  j  l'Artemise  now  off  this  pdrt. 

You  very  kindly  offer  such  asylum  and  protection  as  your  consulate  may 
afford  by  its  neutral  position  in  relation  to  the  nations  whose  difficulties  are 
in  progress  of  adjustment* 

In  accepting  this  offer  of  protection  from  our  national  representative,  I  beg 
to  inquire,  whether  in  case  of  hostilities  we  can  claim  the  protection  of  the 
American  government  as  its  citizens,  should  we  be  found  elsewhere  than  in 
the  enclosure  of  the  American  Consulate,  and  what  protection  can  be  pro- 
mised to  the  life  and  property  of  the  Missionaries  of  the  American  B.  C.  F. 
M.  residing  in  places  remote  from  Honolulu  and  on  other  islands  in  case  of 
hostilities  being  extended  through  the  group. 

I  am,  Sir,  very  respectfully, 

in  behalf  of  the  American  Missionaries 
at  Honolulu  i 

Your  friend  and  Obt.  Servants 
(Signed,)  LEVI  CHAMBERLAIN, 

To  which  the  following  answer  was  received: — 

"United  States  Consulate,  \ 

Sandwich  Islands,  July  12, 1839.     J 
To  Mr.  Levi  Chamberlain,  Agent  for 
the  Secular  affairs  of  the  Am.  Miss. 
to  the  Sandwich  Islands ; 

"Sir: — Yours  of  present  date  is  this  moment  to  hand.  In  reply  to  the  en- 
quiries proposed  by  you,  I  feel  no  hesitation  to  say,  that  in  the  appropriate 
pursuit  of  the  objects  contemplated  by  your  mission,  you  are  each  entitled 
to  the  protection  of  the  government  of  the  United  States,  equally  with  any 
other  American  citizen;  and  that  the  passports  and  certificates  of  citizen* 
ship  holdenby  the  several  members  of  the  mission  are  deserving  of  respect, 
and  that  their  validity  will  be  vindicated  if  wantonly  violated. 

In  case  of  hostilities  being  extended  through  the  group,  I  know  not  that 
other  or  better  "protection  can  be  promised  to  the  life  and  property  of 
the  Missionaries  of  the  American  B.  C.  F.  M.,  residing  in  places  remote  from 
Honolulu  and  other  islands,"  than  an  unimpaired  testimony  to  their  citizen- 
ship, under  the  broad  seal  of  the  United  States. 

I  am,  Sir,  very  respectfully, 
Your  most  Obt.  Servant, 
(Signed,)  P.  A.  BRINSMADE." 

Baring  this  period  of  suspense  and  anxiety  to  all, 
the  feelings  and  proceedings  of  the  foreign  residents, 
will  be  best  understood  by  the  following  extracts  from 
the  Sandwich  Island  Gazette  of  July  20,  1839:— 


(5) 

"At  a  meeting  of  the  foreign  residents  at  Honolulu,  Wednesday  morning* 
July  10th,  1839,'at  11  o'clock  A.M. 

S.  Reynolds,  Esq.  chosen  Chairman, 
C.  R.Smith,  Secretary. 

A  letter  from  Capt.  Laplace  of  His  Majesty  ihe  King  of  the  Fiench's  Frig- 
ate J'Aifemisc,  to  tier  B.  M.  Consul  was  read  by  the  chairman. 

It  was  then  resolved,  That  a  committee  of  seven  be  chosen  to  act  as 
may  be  required  by  ihe  present,  state  of  affairs. 

Resolved,  That  Messrs.  Charles  Brewer,  Wm.  Hooper,  George  Pelly, 
|'m.  French,  John  C.  Jones,  John  Meek  and  Stephen  Reynolds,  be  ap- 
pointed as  the  said  committee. 

Resolved,  That  the  said  committee  do  make  all  such  arrangements  and 
enquiries  as  the  exigencies  of  the  present  crisis  may  demand. 
Resolved,  That  the  meeting  adjO  urn  until  called  by  the  committee. 
The  above   committee  agreed  to  meet  at  the  House  of  Wm.  French,  Esq. 
at  half  past  seven  o'clock  this  evening. 

Wednesday  evening  at  half  past  seven  o'clock. 
July  10th,  1839,  at  the  house  of  Wm.  French,  Esq. 

The  Committee  met  accoiding  to  appointment,  Stephen  Reynolds,  Esq.  in 
the  chair. 

Voted,  That  this  committee  be  called  the  Committee  of  Vigilance  of  For- 
eign Residents  at  Oahu. 

Voted,  That  this  committee  consider  itself  empowered  to  act  as  a  Stand- 
ing Committee  of  Vigilance  until  dissolved  by  a  voteof  a  majority  of  the  for- 
eign residents. 

Voted,  That  a  letter  be  addressed  to  the  Captain  of  the  French  Frigate 
for  the  purpose  of  ascertaining  what  arms  or  assistance  he  can  afford,  or  what 
co-operation  may  be  e:\pected  from  him  in  the  event  of  hostilities  taking 
place.  And  that  a  sub-committee  of  three  be  appointed  to  prepare  a  letter. 
George  Pelly,  William  Hooper,  and  John  C.  Jones,  Esqrs,  were  appointed 
as  a  sub-committee. 

Voted,  That  a  sub-committee  of  three,  be  appointed  to  address  a  letter  to 
the  governor  and  authorities  of  this  island;  to  inquire,  in  what  light  they 
will  consider  the  foreign  residents,  in  case  of  hostilities,  whether  as  enemies 
or  friends,  whether  they  will  afford  protection  to  their  persons  and  property, 
and  in  what  way,  or  whether  they  will  be  left  to  their  own  resources;  Ste- 
phen Reynolds,  Charles  Brewer  and  Win.  Hooper,  Esqrs.  were  then  appoint- 
ed as  the  sub-committee. 

Voted,  That  a  sub-committee  of  two  be  appointed,  to  present  a  paper  to 
the  different  foreign  residents  for  their  signature  that  the  signers  of  that  pa- 
per pledge  themselves  to  co-operate  with  each  other  for  mutual  defence  if 
necessary;  that  the  sub-committee  at  the  same  time  ascertain  what  arms, 
powder  and  ammunition  can  be  furnished  by  each  individual:  and  that  the 
sub-committee  likewise,  secure  the  two  brass  guns  belonging  to  Mr.  H.  Zup- 
plien,  and  have  cartridges  and  ammunition  provided  for  them.  Captain 
John  Meek  and  Wm.  French,  Esqrs,  were  then  appointed  as  the  si,b-eom- 
mittee. 

Voted,  That  in  case  of  emergency,  the  Seamen's  Chapel  be  a  place  of 
rendez.vous  for  the  foreign  residents;  that  the  bell  be  tolled  incessantly  and 
a  Flag  either  British  or  American  displayed  in  the  daytime  or  lights  shown 
thereon  from  the  tower  at  night.  And  that  any  member  of  the  Committee 
of  Vigilance  may  toll  or  cause  to  be  tolled  the  bell  when  necessary. 

2 


(6) 

Voted,  That  each  member  of  the  committee  be  furnished  with  a  copy  of 
the  proceedings  of  this  evening  as  soon  as  possible. 

Voted,  That  the  committee  adjourn  until  to-morrow  at  10  o'clock  A.M. 
at  the  store  of  Mr.  French,  and  examine  and  approve  the  letters  prepared  by 
the  sub-committees,  and  then  adjourn  until  half  past  seven  o'clock  in  the 
evening  at  the  house  of  Mr.  French.  « 

Thursday  Morning,  July  11th,  1839,  at  the  store  of  Wm.  French  at  10  o'- 
clock A.  M. 

The  committee  met  according  to  appointment  and  having  examined  and 
approved  the  letters  prepared  by  the  sub-committees,  to  the  French  Cap- 
tain and  the  authorities  of  the  islands;  the  said  letters  were  dispatched  to 
their  destination,  and  the  committee  adjourned  Lotil  evening." 

Copy. 

"To  Captain  C.  Laplace,  11th  July,  1S39. 

His  Majesty  the  King  of  the  French's  Ship  l'Artemise. 

Sir:  —  We  the  undersigned  Committee  of  Vigilance  deputed  by  the  for- 
eign residents  at  this  place,  to  concert  measures  for  the  security  of  the  per- 
sons and  property  of  the  foreign  residents,  pending  the  unhappy  differences 
between  the  government  of  France  and  the  authorities  here,  take  the  liber- 
ty of  this  address. 

The  Committee  clearly  foresee  that  in  the  event  of  actual  hostilities  com- 
mencing, their  persons  and  properly  will  be  placed  in  imminent  danger,  and 
what  will  be  more  calamitous,  from  the  unhappy  circumstanees'of  the  for- 
eign residents  not  being  in  possession  of  arms  and  ammunition  sufficient 
to  make  their  most  energetic  efforts  for  defence,  against  the  evil  disposed  ef- 
fective. 

The  Committee  have  with  a  view  to  supply  the  deficiency  in  arms  and 
ammunition  taken  the  liberty  to  make  an  appeal  to  you  at  this  perilous 
moment  with  a  request  that  you  will  inform  the  committee  if  you  should  be 
able  and  disposed,  in  case  of  a  declaration  of  war,  previous  to  the  actual 
commencement  of  hostilities,  to  supply  the  committee  with  arms,  ammuni- 
tion and  accoutrements,  and  likewise  the  number  and  description  of  such 
arms,  etc.  in  case  you  think  it  expedient  to  comply  with  the  committee's  re- 
quest. 

Ifthe  committee's  application  meets  your  approbation,  the  arms  required 
would  probably  not  exceed  fifty  muskets,  one  hundred  pistols  and  fifty  cut- 
lasses, as  many  of  the  foreign  residents  are  already  possessed  of  the  necessa- 
ry arms  and  accoutrements. 

We  have  the  honor  to  remain  with  highest  consideration,  Sir, 

Your  Obliged  Svts. 
Signed, 

C.  Brewer,  J.  C.  Jones, 

Wm.  Hooper,  Geo.  Pelly, 

Stephen  Reynolds,  J,  3'Ieek. 

Wm.  French, 

Copy. 

"To  Her  Excellency  Kekaulnohi,  and  the  authorities  of  Oahii: — 

At  a  meeting  of  the  foreign  residents  held  July  10th,  it  was  resolved  that 
a  committee  be  appointed  to  take   into  consideration  what  measures  shall 


m. 

be  recommended  to  insure  the  safety  of  the  foreign  community  in  case  of 
hostilities  being  commenced  between  (his  government  and  that  of  Trance. 

The  subscribers,  composing  that  committee,  take  the  liberty  to  request 
you  will  make  known  to  the  foreign  residents,  through  us,  the  feelings  which 
this  government  entertain  towards  them,  and  whether  they  can  depend  on 
your  assistance  in  any  measures  which  may  seem  advisable  to  take,  in  order 
to  protect  their  lives  and  x^roperty  irom  any  attacks  on  the  part  of  the  na- 
tive population  who  may  break  through  the  restrictions  which  we  believe 
your  authority  will  impose. 

The  committee  have  every  confidence  that  this  government  will  pursue 
such  a  course  as  will  render  it  unnecessary  for  the  force  now  off  the  harbor 
to  proceed  to  extremities,  but  if  such  a  calamity  shall  threaten  us,  we  wish 
in  harmony  with  the  constituted  authorities  of  the  place  to  be  prepared  to 
defend  ourselves  and  property  against  the  aggressions  of  a  lawless  multi- 
tude. 

We  remain  with  sentiments  of  respect, 

Signed,  Your  most  Obt.  Svts. 
C.  Brewer,  J.  6.  Jones, 

Wm.  Hooper,  Geo.  Pklly, 

Stephen  Reynolds,  J.  Meek. 

Wm.  French, 

Thursday  evening,  July  11th,  1839,  at  the  house  of  Wm.  French,  Esq. 
half  past  seven  o'clock. 

The  Committee  met  according  to  adjournment,  S.  Reynolds,  Esq.  in  the 
chair. 

Mr.  Hooper  of  the  sub-committee,  appointed  to  prepare  a  letter  to  the  au- 
thorities of  the  island,  presented  the  answer  which  was  read. 

Translation. 

Honolulu,  July  11th,  1839. 

To  Messrs.  Jno.  Meek,  Geo.  Pelly,  John  C.  Jones,  C.  Brewer,  W.  Hoop- 
er and  Wm.  French. 
Gentlemen  : — 

I  have  received  your  communication  and  hasten  to  express  to  you  the  sen- 
timents entertained  by  the  chiefs  at  this  place  in  regard  to  foreign  residents. 
It  is  proper  that  we  should  protect  the  subjects  of  other  lands;  and  be  to 
them  instead  of  their  own  rulers,  inasmuch  as  this  is  enjoined  upon  us,  to 
contribute  according  to  our  ability  to  the  safety  of  their  subjects,  resident  at 
these  Islands.  And  were  there  no  stipulations  to  this  effect,  I  would  have 
you  understand  that  it  is  my  mind  and  pleasure  to  do  it.  I  have  therefore 
sent  a  herald  through  the  streets  to  command  the  people  to  keep  quiet,  to 
avoid  all  disorder;  especially  within  the  enclosures  of  the  foreigners. 

I  am  happy  to  comply  with  any  reasonable  plan  which  you  may  meditate 
for  the  safety  of  the  persons  and  property  of  all  the  foreigners  residing  here. 
While  I  live  you  shall  lack  nothing  which  will  promote  your  peace;  but 
should  I  be  taken  away,  it  will  devolve  on  my  friends  to  protect  you.  Should 
evil  approach  you  from  the  sea,  I  have  no  power  over  that,  nor  strength  to 
assist  you.  If  any  vnischevious  natives  should  plunder  from  you,  I  give  them 
into  your  hands  during  these  days  to  determine  their  demerit,  and  when  our 
perplexity  is  past,  1  will  see  to  it  that  they  are  justly  punished. 

Affectionately  yours, 
Signed,  Kekauluohi. 


(8) 

Mr.  Jones  of  the  sub-committee,  appointed  to  prepare  a  letter  to  the  Cap- 
lam  of  the  l'Artemise,  presented  the  answer  received,  which  was  read. 

Translation. 

Gentlemen:  — 

I  hasten  to  reply  to  the  letter  which  you  have  done  me  the  honor  of  wri- 
ting to  me,  and  I  am  so  much  the  more  pleased  with  the  means  you  have 
adopted  to  defend  your  families  and  property  against  the  violence  to  which 
the  natives  might  be  moved,  in  case  I  should  consider  myself  compelled  to 
commence  hostilities  against  the  government  of  the  Sandwich  Islands,  that 
they  diminish  the  sensative  fear,  which  I  had  felt  in  this  regard  concerning 
the  security  of  so  many  respectable  persons,  whose  interests  are  as  dear  to 
me  as  are  those  of  my  compatriots,  hence  have  I  prepared  forces  sufficient- 
ly strong  that  in  giving  a  dreadful  blow,  the  French  shall  be  the  masters  and 
the  protectors  of  the  town  at  the  same  time;  so  that  pillagers  being  subject 
to  the  just  punishment  which  I  have  commanded  the  principal  of  the  expe- 
dition to  inflict  instantaneously  upon  them,  will  not  be  afforded  time  to  com- 
mit any  considerable  depredations. 

I  am  sensible,  gentlemen,  how  much  the  aid  of  so  many  brave  English 
and  Americans  would  secure  still  more  the  success  of  my  arms;  but  unhap- 
pily, to  my  regret,  I  am  unable  to  furnish  them  with  the  means  of  defence 
which  they  want;  for  all  my  men  are  to  be  employed  in  the  attack  on  the 
town  and  the  defence  of  the  Frigate;  therefore  I  cannot  possibly  dispose  of 
any  of  the  guns  Dr  swords  of  which  our  armament  is  composed. 

Accept,  gentlemen,  the  expression  of  my  regret  for  not  being  able  to  com- 
ply with  your  wishes,  that  of  my  thanks  for  the  noble  and  loyal  manner  by 
which  you  contribute  to  the  happy  event  of  a  negotiation  in  which  the 
French  government  has  respect  only  to  the  advantage  of  all  civilized  nations, 
and  to  believe  the  sentiments  of  the  very  distinguished  considerations  with 
which, 

I  have  the  honor  to  be  your  devoted  servant, 

Post  Captain  Comt.  the  l'Artemise, 
(Signed,)  C.  Laplace. 

Mr.  French  of  the  sub-committee  appointed  to  obtain  the  signatures  of  the 
foreign  residents  etc.  reported  that  about  130  had  already  signed  and  that 
probably  about  200  names  would  be  obtained. 
Voted,  That  the  sub-committee  be  exonerated  from  further  duties. 
Voted,  That  a  chief  director  with  four  assistants  be  appointed,  with  pow- 
er to  organize  the  foreign  residents  as  a  force  for  mutual  protection,  and  to 
make  such  other  arrangements  as  may  be  necessary. 

George  Pelly,  Esq.  appointed  Chief  Director. 

<^apt.  John  Meek,") 

John  C.  Jones,  «    Assistants. 

Wm.  French,  j 

Chs.  Brewer,  Esqrs.  J 

Voted,  That  a  full  statement  of  the  proceedings  of  this  committee  be  rea- 
dy for  the  inspection  of  the  foreign  residents,  at  the  house  of  the  Chairman, 
and  that  due  notice  be  given  tliem  thereof;  and  that  they  be  requested  to 
conform  to  such  regulations  as  the  Director  and  assistants  may  think  pro- 
per. 

Voted,  That  the  committee  adjourn  until  such  time  and  place  as  the  Chair- 
man shall  deem  expedient  to  assemble  them. 


(9) 

Voted,  That  these  proceedings  be  published  in  the  S.  I.  Gazette  as  soon 

as  convenient.  .  '        .  „. 

Stephen  Reynolds,  Chairman. 

C.  R.  Smith,  Secretary. 

Further  particulars  in  relation  to  this  transaction 
will  be  learned  from  an  account  of  the  visit  of  the 
l'Artemise  to  these  islands  by  Mr.  Jarves,  a  gentle- 
man in  no  way  connected  with  the  mission,  published 
in  the  July  number  of  the  Hawaiian  Spectator,  for 
1839.*  It  will  be  observed  that  it  contains  the  treaty 
entered  into  by  this  government  with  Capt.  Laplace, 
in  behalf  of  France,  with  such  thoughts  as  would 
be  likely  to  suggest  themselves  to  every  reflecting 
mind. 

Having  given  a  cursory  view  of  the  late  transac- 
tions, we  shall  proceed  to  make  some  remarks  on  the 
Manifesto,  on  the  treatment  of  the  Missionaries,  and 
on  remarks  in  the  Sandwich  Island  Gazette. 

By  "the  excessive  indulgence  which  the  French 
government  has  extended  towards  them  for  several 
years,"  we  shall  be  led  to  the  conclusion  that  the  "ill 
treatment,"  complained  of  has  run  parallel  with  the 
"indulgence,"  is  of  the  same  duration  and  of  several 
years  standing.  The  particular  instances  of  ill  treat- 
ment are  not  pointed  out  in  the  Manifesto,  but  we 
may  safely  presume  that  the  transactions  of  this  gov- 
ernment in  the  case  of  M.  Bachelot  are  the  ones  par- 
ticularly alluded  to.  In  order  to  be  able  to  judge 
whether  in  their  transactions  with  M.  Bachelot  this 
government  was  guilty  of  any  aggression  upon  France 
in  the  person  of  one  of  its  subjects;  or  whether  it  did 
any  thing  which  it  is  not  conceded  that  independent 
sovereignties  have  a  right  to  do,  it  will  be  necessary 
to  look  at  some  of  the  facts  in  the  case. 

M.  Bachelot  with  Mr.  Short,  an  English  subject, 
arrived  at  Honolulu  on  the  7th  day  of  July.  1827,  as 
Apostolic  Prefect  of  the  Sandwich  Islands,  and  a  teach- 
er of  the  Roman  Catholic  faith.  So  soon  as  this 
was  known  to  the  government  they  "immediately  or- 
dered them  on  board  the  vessel  in  which  they  came, 
and  laid  their  injunction  upon  the  master  to  take  them 
away.     This  injunction  he  positively  refused  to  obey 

*See  Appendix. 


(10) 

asserting-  that  as  they  had  not  paid  for  their  passage 
he  would  take  thern  no  further." 

They  remained,  notwithstanding-  the  orders  of  the 
authorities  to  the  contrary,  until  the  government  fit- 
ted out  a  vessel  and  finally  sent  them  away  on  the 
24  day  of  December,  1831.  The  reasons  given  by 
the  government  for  sending  them  away  will  be  found 
in  the  following  from  the  S.  I.  Gazette  of  Nov.  24, 
1838. 

"This  is  our  reason  for  sending  away  the  Frenchmen.  In  the  first  place 
the  chiefs  never  assented  to  their  dwelling  at  Oahu,  and  when  they  turned 
away  some  of  our  people  to  stand  opposed  to  us,  then  we  said  to  them,  're- 
turn to  the  country  whence  ye  came.' 

At  seven  different  times  we  gave  them  that  order,  and  again  in  speaking 
to  them  we  said,  'Go  away,  ye  Frenchmen,  we  allow  you  three  months  to 
n-et  ready;'  but  they  did  not  go  during  the  three  months  but  remained  eight 
months,  saying,  'We  have  no  vessel  to  return  in;'  therefore  we  put  them  on 
board  our  own  vessel  to  carry  them  to  a  place  where  the  service  is  like  their 
own. 

Because  their  doings  were  different  from  ours,  and  because  we  cannot  agree, 
therefore  we  send  away  these  men. 

(Signed,)  KAAHUMANU." 

Oahu,  Dec.  7,  1831. 

J\tr.    Sumner's   Commission. 

"I,  Kauikeaouli,  king  of  the  Sandwich  Islands,  and  Kaahumanu,  and  Ku- 
akini,  governor  of  Oahu,  do  hereby  commission  William  Sumner  command- 
er of  the  Brig  Waverly,  now  lying  in  Oahu,  to  receive  on  board  two  French 
gentlemen  and  their  goods  or  whatever  they  may  have  to  bring  on  board, 
and  to  proceed  to  California,  and  land  them  safe  on  shore,  with  every  thing 
belonging  to  them,  where  they  may  subsist,  and  then  to  return  back  to  the 

Sandwich  Islands. 

(Signed,)  KAUIKEAOULI,    (L.  S.) 

KAAHUMANU, 

Oahu,  Nov.  5, 1831.  GOV.  KUAKINI." 

The  second  time  they  (Messrs.  B.  and  S.)  arrived 
from  California  in  the  brigantine  Clementine,  on  the 
18th  day  of  April,  1837.  They  landed  before  their  ar- 
rival was  certainly  known  to  the  authorities.  "But 
after  such  knowledge  was  confirmed,  the  Governor 
ordered  such  of  their  effects  as  had  not  been  sent  on 
shore  to  be  retained  en  board  the  vessel,  nor  were 
they  suffered  to  be  taken  from  the  vessel  until  it  was 
made  to  appear  that  they  consisted  principally  of 
clothinsr  which  needed  to  be  washed."     The  govern- 


(11) 

meat  ordered  them  on  board,  and  ordered  the  Cap- 
tain and  Mr.  DYidoit  the  owner,  to  receive  them  on 
board,  before  any  part  of  the  cargo  except  the  deck 
load,  consisting  of  horses,  was  discharged.  These 
orders  were  disregarded,  the  vessel  was  fitting  for  sea 
and  nearly  ready  when  a  peremptory  order  was  re- 
ceived from  the  king  to  have  the  men  put  on  board 
without  delay. 

"In  pursuance  of  these  positive  orders  an  officer  of 
the  police  with  three  or  four  subalterns  proceeded  to 
the  residence  of  the  missionaries  concerned,  and  told 
them  that  the  orders  of  the  king  were  for  them' to  go 
at  once  on  board. 

After  waiting  upon  them  with  great  kindness  for 
several  hours  without  the  least  violence  being  used 
or  offered  to  the  last,  they  attended  the  officer  to  the 
wharf.  Before,  however,  stepping  into  the  boat  to 
which  they  were  civilly  pointed,  one  of  them  said  to 
the  officer,  'Touch  us,  touch  us'  —  which  was  repeat- 
ed several  times  both  by  the,  missionary  and  the  sur- 
rounding natives  or  other  bye  standers;  when  to  avoid 
importunity  perhaps  he  brushed  his  hand  over  the 
arm  of  each  and  afforded  instant  satisfaction  to  the 
missionaries,  who  without  further  hesitation,  step- 
ped into  the  boat  and  were  taken  along  side  the  ves- 
sel." 

The  foregoing  we  believe  are  the  prominent  facts 
of  the  transactions  between  the  Sandwich  Islands 
government  and  M,  Bachelot. 

Whether  the  government  by  their  refusal  to  allow 
him  to  reside  in  their  territories,  or  by  the  measures 
taken  to  prevent  it,  did  any  thing  which  an  independ- 
ent sovereignty  might  not  of  right  do,  or  any  thing 
which  might  justly  give  umbrage  to  France,  we  leave 
to  those  who  are  better  versed  in  international  law 
than  we  are  to  judge.  We  have  always  supposed 
however  that  the  legitimate  executive  of  a  nation 
sustained  a  relation  to  the  governed  similar  to  that 
which  the  head  of  a  family  sustains  towards  his  house- 
hold. It  is  his  duty  to  watch  over  ifs  best  interests 
as  the  parent  watches  over  the  interests  of  his  chil- 
dren. The  parent  possesses  the  natural  and  civil 
rights  to  say  what  strangers  he  will  receive  into  his 


(12) 

family,  or  whether  any;  so  it  seems  to  vis  any  govern- 
ment has  a  right  to  say  whether  foreigners  may  set- 
tle in  its  territories. 

The  parent,  although  bound  to  seek  the  best  inter- 
est of  his  family,  has  no  right  to  control  their  con- 
sciences; neither  have  governments  any  right  to  con- 
trol the  consciences  of  their  subjects.  This  political 
and  natural  right  of  independent  nations  with  respect 
to  foreigners,  has  been  acknowledged  in  theory  and 
adopted  in  practice,  (where  it  has  not  been  abridged 
by  treaty,)  from  time  immemorial.  It  is  the  same 
principle  upon  which  the  French  government  refused 
to  allow  the  distinguished  philanthropist  John  How- 
ard, to  visit  the  Lazaretto  at  Marsailles,  (when  ap- 
plied to  for  that  purpose  by  the  British  Ambassador,) 
while  in  pursuit  of  the  praiseworthy  object  for  which 
lie  spent  the  most  of  his  life,  viz:  the  relief  of  human 
woe  by  the  amelioration  of  the  condition  of  the  pri- 
soner—  at  the  same  time  threatening  him  with  im- 
prisonment in  the  Bastile,  should  he  make  the  at- 
tempt and  be  discovered.  For  this  they  assigned  no 
reason  nor  did  England  require  any,  upon  the  princi- 
ple, no  doubt,  that  France  had  a  right  to  reject  whom 
she  would. 

The  Am.  B.  C.  F.  M.  have  by  their  practice  ac- 
knowledged this  right  in  all  their  operations,  which 
will  be  seen  bv  the  following  extract  from  the  Mis- 
sionary Herald,  Vol.  XXXIV.  p.  279:  — 

"There  is  no  doubt  a  distinction  to  be  observed  between  the  rights  of  an 
individual  as  a  citizen  and  his  rights  as  a  foreigner.  His  freedom  to  act  may 
be  much  greater  in  the  one  case  than  in  the  other.  Asa  citizen  he  might  claim 
as  a  right  what  as  a  foreigner  he  must  ask  as  a  favor.  A  citizen  of  the  Uni- 
ted States,  for  instance,  who  is  a  minister  of  the  gospel,  has  a  right  which  no 
man  can  gain-say,  to  preach  the  gospel  in  any  and  every  part  of  our  repub- 
lic, and  a  native  preacher  in  the  Sandwich  Islands  would  have  a  similar  right 
in  his  own  country.  And  still  it  masr  be  true  that  the  government  of  the 
Sandwich  Islands  may  lawfully  refuse  permission  to  the  American  minister 
to  settle,  or  preach  or  labor  in  any  manner  at  the  Sandwich  Islands.  That 
government,  and  any  other,  may  have  an  unqestionable  right  to  deny  to 
the  stranger  what  it  would  not  without  the  violation  of  natural  rights  deny 
to  the  subject.  At  any  rate,  we  have  asked  permission  to  reside,  from  the 
Sandwich  Islands  government,  lor  each  successive  company  of  missionries, 
which  the  Board  has  sent,  to  those  islands,  and  with  the  expectation  of  abid- 
ing by  the  decision.  So  we  have  always  done  by  the  Tndian  tribes  of  our 
own  country.    So  we  have  done  in  Africa.     Such  has  been  our  usage  in  In- 


dia,  and  for  a  course  of  years  we  sent  no  more  missionaries  to  Ceylon*  mere" 
5y  because  it  was  forbidden  by  the  government  of  the  island," 

To  the  Am.  Board  several  eminent  legal  gentlemen 
are  attached,  who  would  be  likely  to  know  what  were 
the  acknowledged  rights  of  independent  nations  with 
respect  to  foreigners.  In  accordance  with  these  princi- 
ples were  the  opinions  of  two  intelligent  foreigners 
of  distinction,  expressed  to  (he  writer. 

In  support  of  the  opinions  here  expressed  I  shall 
make  one  or  two  quotations  from  writers  on  interna- 
tional law.     Vattell  says,  page  231 :— - 

"The  Sovereign  may  forbid  the  entrance  of  his  territory  either  in  gener- 
al, to  every  stranger,  or  in  a  particular  case,  or  to  certain  persons,  or  ort 
account  of  certain  affairs,  according  as  he  shall  find  it  most  for  the  advant- 
age of  the  state.  There  is  nothing  in  all  this  that  does  not  flow  from  the 
rights  of  the  domain  and  the  empire.  Every  one  is  obliged  to  pay  a  respect 
to  the  prohibition,  and  he  who  dares  to  violate  it  incurs  the  penalty  de- 
creed to  lender  it  effectual.  But  the  prohibition  ought  td  be  known  as 
well  as  the  penalty  annexed  to  the  disobedience.  Those  who  are  ignorant 
of  it  Ought  to  be  informed  when  they  make  their  appearance  in  order 
to  enter  the  cbunby." —  "The  sovereign  has  a  right  tb  forbid  all  for- 
eigners to  pass  through  or  enter  his  dominions  whether  by  land  or  sea;  with- 
out express  permission  first  obtained,  even  if  such  passage  or  entry  should 
not  be  prejudicial  to  the  state.  N6w-a-days,  however,  no  power  in  Europe 
refuses  in  time  of  peace  to  grant  such  permission  to  the  subjects  of  another 
power,  nor  is  it  even  necessary  fdr  Such  subject  to  ask  permission  to  enter  a 
state  and  bring  their  property  into  it,  Thus  then  the  liberty  tof  entry  and 
passage  may  be  considered  as  generally  established  between  the  powers  of 
Europe,  and  it  is  particularly  so  among  the  states  of  the  German  Empire. 
But  as  this  liberty  ought  not  to  become  prejudicial  to  the  state,  every  power 
has  reserved  to  itself  the  right,  first,  to  be  informed  of  the  name  and  quality 
of  every  foreigner  that  arrives;  and  to  this  end,  passports  taken  at  the  place 
from  whence  a  foreigner  comes  Ought  to  be  regarded  as  authentic,  provided 
they  have  been  granted  by  persons  having  authority  to  grant  them,  such  as 
so  vereigris;  magistrates,  or  foreign  ministers.  Second,  each  state  has  a  right 
to  keep  at  a  distance  all  suspicious  persons.  Third,  each  state  has  a  right 
to  forbid  the  entry  of  foreigners  Or  foreign  merchandises  of  a  certain  discrip- 
tion  for  a  time  or  forever,  as  circumstances  may  require;.  Fourth;  the  liberty 
ef  entry  and  passage  extends  to  individuals  only." — American  Edition  of 
the  new  Edinburgh  Encyclopedia,  Vol.  lllh.  Page  759. 

In  view  of  the  preceding,  the'  question  arises,  Hag 
this  government  in  its  transactions  with  M.  Bachelot 
transcended  its  power  or  exercised  any  prerogative 
which,  as  an  independent  sovereignty  belonging  td 
the  family  of  nations,  it  might  not,  agreeable  to  the 
principles    here  laid   down,    lawfully  exercise?     W2 


(14) 

cannot  see  that  it  has,  unless  it  may  be  by  some  in- 
formality in  its  proceedings.  Again,  Has  it  manifest- 
ed a  spirit  of  exclusiveness  apparently  hostile  to  the 
French?  We  have  never  heard  that  in  ordinary  ca- 
ses it  has  not  treated  French  subjects  with  all  the 
respect  that  was  due  to  the  subjects  of  a  powerful 
nation,  or  extended  to  them  that  hospitality,  or  that 
protection  according  to  its  power,  which  is  due  to  all, 
and  which,  for  aught  we  have  heard,  has  been  re- 
ceived by  the  subjects  of  France  in  common  with 
those  of  Britain,  the  United  States,  and  all  other  na- 
tions whose  business  or  pleasure  has  brought  them 
to  these  shores.  Has  this  government  then  been 
guilty  of  an  aggression  upon  the  rights  of  the  French 
nation,  and  is  it  justly  obnoxious  to  the  charge  of  ill 
treatment  brought  against  it  in  the  Manifesto?  As 
we  before  said,  we  leave  it  to  those  better  skilled  in 
law  than  we  are,  to  judge. 

The  next  charge  in  the  Manifesto  is  a  violation  of 
treaty.  We  are  not  informed  in  what  particular  act 
this  violation  consisted,  but  suppose  there  is  no  doubt 
that  the  refusaj  of  this  government  to  allow  M.  Mai- 
gret  to  land  from  the  Europa,  in  the  fall  of  1837,  is 
the  specific  act  to  which  allusion  is  made.  ftl.  Mai- 
gret,  a  Catholic  clergyman  and  French  subject,  arri- 
ved at  these  islands  in  the  ship  Europa,  Nov.  2,  1837. 
The  government  refused  to  allow  him  to  land,  unless 
lie  wouldgive  security  that  he  would  leave  within 
some  given  period,  and  not  endeavor  to  propagate  his 
faith  whilst  he  remained.  This  he  was  either  una- 
ble or  unwilling  to  do;  consequently  his  disembarkn-- 
tion-was  not  allowed,  and  he  left  with  M.  Bachelot 
on  the  23rd,  in  the  schooner  Honolulu.  The  treaty 
which  was  supposed  to  be  violated  by  this  transac- 
tion was  one  that  was  entered  into  with  this  govern- 
ment by  Capt.  Petit  Thouars  of  the  Frigate  La  Ve- 
nus, and  of  which  the  following  is  a  copy:  — 

Translation. 
Honolulu,  Sandwich  Isles,  July  24, 1837. 
Treaty  between  the.  Ring  of  the  French,  Louis' Philippe  I.  represented  by 
the  Captain  A.  J)n  Petit    Thouars,  and  the  King  of  the  Sandwich  Isl- 
and's, Kamehameha  III. 

There  shall  he  perpetual  peace  and  amity  between  the  French  and  (lie  in- 
habitants of  1  ho  Sandwich  Isles. 


(15) 

The  French  shall  go  and  come  freely  in  all  (lie  states  jvhich  compose  llie 
got  eminent  of  the  Sandwich  isle;;. 

They  shall  be  received,  and  protected  there,  and  shall  enjoy  the  same  ad- 
vantages which  the  subjects  of  the  most  favored  nation  enjoy. 

Subjects  of  the  king  of  the  Sandwich  isles  shall  equally  come  into  France, 
shall  be  received  and  protected  there  as  the  nms!  favored  foreigners. 
(Signed,)  Kamehameha  III. 

A.  Dv  Petit  Thouaks. 
Captain  Commander  of  the  French  frigate  La  Venus. 

It  would  seem  that  the  rejection  of  M.  Maigret  by 
tHis  government,  was  an  infraction  of  the  letter  ot 
the  treaty  according  to  the  natural  interpretation  of 
the  language  used,  because  he  did  not  come  and  go 
freely.  But  he  did  come  and  go  as  freely  as  any  sub- 
ject of  the  most  favored  nation  would  have  done  un- 
der similar  circumstances. 

Vattell  says,  p.  317:  — 

"Every  interpretation  that  leads  to  an  absurdity  ought  to  be  rejected,  or 
in  other  words,  we  should  not  give  to  any  piece  a  sense  from  which  follows 
any  thing  absurd,  but  to  interpret  it  in  such  a  manner  as  to  avoid  an  absur- 
dity." 

Now  to  suppose  that  the  right  of  fi-ee  entry  and 
passage  was  designed  to  be  extended  to  all,  without*1 
respect  to  character,  would  be  to  give  the  treaty  an 
interpretation,  which  would  lead  to  an  absurdity.  If 
free  entry  was  granted  and  protection  extended  to  all 
of  any  nation,  without  respect  to  character,  such  na- 
tions could  plant  convict  colonies  in  these  islands,  and 
they  might  be  filled  with  the  refuse  of  any  or  all  na- 
tions with  whom  they  had  treaties,  and  there  would 
be  no  redress.*  Who  would  say  that  this  was  not  an 
absurdity,  and  in  nowise  contemplated  by  either  of 
the  contracting  parties? 

We  have  no  reason  to  suppose  that  Com.  Du  Petit 
Thouars,  who  negotiated  the  treaty  in  behalf  of 
France,  wished  it  to  be  construed  in  such  a  manner 
as  to  force  upon  this  government,  against  their  will, 
teachers  of  the  Catholic  faith.  Else  why  did  he  not 
seek  to  have  the  obligation  which  he  had  given  to 
the  government,  that  M.  Bachelot  should  leave,  an- 
nulled? All  that  he  probably  sought  to  secure  was 
to  place  the  subjects  of  France  upon  the  same  foot- 
ing as  those  of  the  most  favored  nation  in    their  in- 


(16) 

tercourse   with  these  islands.     We  here    insert   the 
document  alluded  to. 

Translation. 

Honolulu,  July  21,1837. 
The  undersigned  Captain  of  the  ship,  commander  of  the  French  Frigate 
La  Venus  promises  in  the  name  af  M.  Bachelot  that  he  will  seize  the  first  fa- 
vorable opportunity  which  offers  to  quit  these  islands  to  go  either  to  Manil- 
la, Lima,  Valparaiso  or  any  civilized  part  of  the  world,  and  in  case  such  an 
ojie  is  not  presented,  on  the  arrival  of  the  first  French  man-of-war  which  vis- 
its these  islands,  he  shall  be  received  on  board.  In.  the  meantime  M.  Ba- 
chelot shall  not  preach. 

r  A,  DU  PETIT  THQUARS. 

Post  Capt.  Commander, 
French  frigate  La  Venus, 

With  the  facts  and  documents  before  them,  the 
public  will  judge  how  far  the  government  were  wor- 
thy of  chastisement  for  their  delinquency  in  this 
transaction.  If  they  have  violated  the  treaty,  it  was 
rather  a  mistake  than  an  intention  to  commit  an  ag- 
gression; and  in  the  whole  transaction  they  relied 
chiefly  upon  the  opinion  of  an  intelligent  foreign  gen- 
tleman, who  wag  at  the  islands  a  little  previous  to  the 
transaction.  We  do  not  understand  that  he  advised; 
them,  but  that  he  kindly  expressed  his  opinion  of  the 
course  it  would  be  proper  to  pursue. 

The  next  charge  which  we  shall  notice  is,  that  to 
tarnish  the  Catholic  religion  with  the  name  of  "idola- 
try was  to  offer  an  insult  to  France  and  to  its  sove-, 
yeign,'* 

That  to  call  the  Roman  Catholic  religion  idolatrous 
should  be  considered  a  national  insult  offered  to 
France,  is  a  doctrine  as  extraordinary  as  it  is  new  in 
^hia enlightened  age.  If  it  was  carried  into  general 
practice,  France  would  at  once  find  herself  involved 
|n  war  with  every  Protestant  government  on  earth, 
and  every  country  in  which  Protestantism  predo-- 
minates,  as  all  or  nearly  all  Protestants  from  the  days 
o,f  John  Huss,  and  Jerome  of  Prague,  Wickliff  of  Eng-. 
}and,  Luther  of  Germany,  Calvin  of  France,  and  oth-, 
e-r-  prominent  reformers  of  that  age  down  to  the  pre- 
sent day,  have  agreed  in  callingthe  use  of  images  as  it 
exists  in  the  Roman  Catholic  church,  Idolatry.  Dr. 
§Q0)tt^  one  of  the  most  approved,  writers  of  the  esta- 


.   (tl) 

Wished  church  of  England  calls  it  so,  in  numerous 
instances  in  his  commentary  on  the  Bible.  And  eve- 
ry intelligent  Protectant  and  Catholic  knows  that 
Protestants  view  the  subject  in  this  light.  Does 
France  consider  such  an  expression  of  their  opinions 
by  Protestants  an  indignity  offered  to  her,  which  she 
is  called  upon  to  avenge  and  which  would  justify  her 
in  waging  war  with  Great  Britain,  Holland,  Prussia, 
Denmark,  Sweden,  a  majority  of  the  German  States, 
and  the  United  States,  as  well  as  others?  Does  she 
shut  the  mouths  of  her  own  numerous  Protestant  sub- 
jects for  using  their  liberty  of  speech  in  publishing 
freely  their  religious  sentiments?  Certainly  not;  and 
we  suspect  had  Captain  Laplace  been  as  well  ac- 
quainted with  the  writings  and  theology  of  Protes- 
tants, as  we  doubt  not  he  is  with  his  profession,  he 
never  would  have  introduced  the  extraordinary  charge 
that  to  tarnish  Catholicism  "with  the  name  of  idola-. 
try,"  "was  to  offer  an  insult  to  France  and  to  its  sove-- 
reign."  v 

We  know  that  when  the  crusades  were  preached 
against  the  Waldenses  and  Albigenses  of  Toulouse 
and  other  parts  of  the  south  of  France,  and  during 
the  reign  of  Louis  XIV.  when  the  protestants  were 
dragooned  and  driven  from  the  kingdom  by  thousands,, 
(although  it  was  through  their  influence  that  he  re- 
ceived his  crown,)  also  during  the  early  stages  of  the 
reformation  when  the  famous  massacre  of  St.  Bartho- 
lomew took  place,  (in  which  70,000  are  supposed  to 
have  been  slain  in  one  night,)  such  an  expression  of 
sentiments  would  probably  have  been  visited  upon 
him  who  dared  to  utter  them,  by  speedy  and  signal 
vengeance,  if  the  power  had  not  been  wanting;  but 
we  supposed  such  days  had  gone  by. 

The  next  and  last  charge  brought  against  the  gov- 
ernment which  we  shall  notice  is  a  violation  of  the 
laws  of  nations  in  the  exercise  of  intolerance  and  per- 
secution, with  the  assertion  that  toleration  is  the 
usage  of  all  civilized  nations- 
No  w  we  object  to  the  statement  that  every  civU 
lized  nation  does  "permit  in  its  territory  the  free  toler- 
ation of  all  religions,"  as  being  at  variance  with  fact. 
The  writer  saw  it  stated  in  some  public  journal,  tha,fc 


(18) 

a  British  subject  was  in  prison  in  Portugal,  for  an  at- 
tempt to  circulate  the  Bible,  but  was  about  to  be  re- 
leased upon  the  intercession  of  the  British  Ambassa- 
dor. We  shall  here  introduce  some  exlracts  from 
public  journals  to  prove  the  truth  of  our  assertion. 

"The  correspondent  of  the  Commercial  Advertiser,  writing  from  Paris, 
Dee.  5th,  furnishes  the  following  sketches:  — 

The  good  King  of  Holland  is  Busily  engaged  in  persecuting  some  of  the 
best  subjects  that  he  has,  because  they  wish  to  serve  God  according  to  the 
dictate  of  their  own  consciences,  while  Frederic  William  of  Prussia  has  been 
lately  handling  in  a  very  rough  and  altogether  unjust  manner  the  old  Arch 
Bishop  of  Cologne.  How  greatly  it  is  to"  be  regretted  that  the  powers  that 
•be  in  this  part  of  the  world  cannot  or  will  not  learn  what  liberty  of  conscience 
is.  At  the  same  time  the  king  of  Sardinia  is  endeavoring  to  kindle  again 
the  flames  of  religious  persecution  in  his  petty  dominions.  The  few  Protest- 
ants who  are  still  in  the  Mountains  of  Piedmont,  the  remains  of  the  Walden- 
ses,  seem  doomed  to  be  extirpated,  if  indeed  any  thing  can  destroy  that  mar- 
tyr people.  Even  the  French  and  English  can  hardly  live  in  the  frontier  city  of 
Nice,  because  forsooth  it  has  been  lately  discovered  that  they  sometimes 
have  given  copies  of  the  Bible  and  religious  tracts  to  people  who  desire  to  ob- 
tain them." —  New  York  Observe?',  No:l(u. 

"When  I  consider  that  I  can  scarcely  name  an  individual  in  Cadiz,  (true 
there  is  one  exception,)  be  he  native  or  foreign,  who  would  co-operate  with 
me  in  distributing  the  bread  of  life  contained  in  the  holy  scriptures,  and  that 
on  the  contrary  an  individual  engaged  in  that  pious  act  has  of  lute  actually 
been  held  up  as  a  subject  for  proscription  and  persecution  by  the  Bishop  of 
the  city,  when  I  consider  that  the  authorized  agent  of  the  London  Bible  So- 
ciety at  Madrid  has  only  a  short  time  since  been  imprisoned,  it  requires  no 
small  degree  of  moral  if  not  physical  courage  to  place  ourselves  against  the 
stream  of  Romish  bigotry  and  authorised  intolerance." — T.ottei  from  a  gen- 
tleman in  Cadiz  to  the  Cor.  Sec.  of  the  Am.  Bib.  Soc.  June  27,  1SS8.  New 
York  Observer,  No.  SOI. 

"The  Papal  government  of  the  Philippine  Islands  will  not  permit  our  la- 
bors, and  the  Dutch  rulers  of  Netherlands,  India,  have  taken  the  extraordina- 
ry ground  for  a  Protestant  Christian  government,  of  shutting  put  the  mis- 
sionaries of  all  Christian  nations  except  their  own  from  every  part  of  their 
dominions  save  Batavia,  and  the  Island  of  Borneo. 

It  is  only  under  English  power  that  we  find  full  toleration  and  protection 
for  all;  but  their  authority  in  the  Indian  archipelago  is  limited  to  a  very  small 
territory."  —  Rev.  R.  Anderson,  in  New  York  Observer,  No.  809. 

Italy.     Tract  distribution  punished. 

"Paris,  Oct,  30. — Sometime  since  a  Protestant  minister  M.  Pache  Pergeret 
of  Merges  was  arrested  at  the  Baths  of  of  Aix  in  Savoy  for  the  dist  ribution  of 
religious  tracts.  Notwithstanding  bail  was  offered  to  any  amount  for  his 
appearance  lie  was  detained  in  prison.  At  length  he  lias  been  brought  to 
trial  before  the  senate  at  Chamber;;  and  condemned   to  a  year's  -mrui.  onn.cnt 


(19) 

and  to  pay  costs  of  suit  with  a  fine  of  100  golden  scuddi  (each  worth  from  89 
io  100  francs  according  to  locality.)  The  account  of  this  infamous  proceed- 
ing adds  that  the  penalty  would  have  been  more  severe  had  it  not  been  for  the 
intercession  of  persons  of  high  rank,  coupled  with  the  fact  that  this  respectable 
minister  was  brought-up  by  the  same  pastor  and  Protestant  Professor  as  the 
present  king  of  Sardinia.  —  Neio  York  Observer,  No.  812. 

"Religious  Processions  in  France.  The  correctional  police  tribunal  of 
Amiens  have  just  condemned  three  young  men  to  twelve  days  imprisonment 
for  not  taking  olf  their  hats  upon  the  passing  of  a  religious  procession,  under 
the  plea  that  this  ollenee  came  under  the  head  of  disturbing  the  free  exercise 
of  the  religious  rites  of  the  country."  —  Gaztlte  de  France,  quoted  by  the 
N.  Y.  Mercury  of  Nov.  2,  1837. 

"From  the  Baltimore  Literary  and  Religious  Magazine. 

Papal  decree  of '1837,  against  Infant  Schools.  The  congregation  of  the 
Supreme  Inquisition  have  addressed  the  following  circular  to  all  the  Bishops 
of  the  states  of  the  church.     We  copy  it  from  the  Italian  Journals. 

"Most  Illustrious  and  Reverend  Lord; — The  supreme  congregation  knew 
that  exertions  were  making  to  introduce  into  (he  Pontiticial  states,  the  schools 
called,  "Free  Schools,"  orsales  de  asyle,  for  children  of  both  sexes,  and  that 
books  containing  a  little  form  ofinstruction  had  been  printed  and  circulated 
which  are  not  edifed  in  the  truly  catholic  spirit  which  ought  to  preside  in  the 
formation  of  the  first  ideas  of  the  mind  and  the  first  feelings  of  the  heart. 

My  colleagues  the  eminent  Inquisitors  General  having  given  attention  to 
this  interesting  subject  have  thought  that  it  would  be  a  thing  full  of  danger, 
to  say  nothing  more,  to  permit  the  introduction  of  the  said  Infant  Schools  in 
the  Ppntificial  states.  They  have  therefore  thought  proper  to  forbid  them, 
and  to  communicate  this  determination  to  all  the  Bishops.  This  step  has 
been  fully  approved  by  His  Holiness.  Your  most  holy  and  Reverend  I. o;d- 
ship,  in  case  any  person  shall  endeavor  to  establish  in  your  diocese  schools 
on  the  plan  of  Infant  Schools,  will  employ  all  your  zeal  and  caic  to  prevent 
their  formation. 

I  respectfully  kiss  the  hand  of  your  Lordship,  and  remain, 

your  most  devoted  servant, 
(Signed,)  Cardinal,  Odeschalohi. 

—  Rome,  August  10, 1837."—  N.  Y.  EvangJ,  444. 

"Persecuted  Lutherans. — The  N.  Y.  Star  gives  extracts  from  C  en  nan 
papers  which  mention  the  arrival  at  Berlin  of  a  number  of  emigrants  all  rigid 
Lutherans,  formerly  composing  the  congregation  of  the  Rev.  Mr.  Schirhel, 
against  both  whom  and  his  flock  the  military  were  turned  out.-  They  were 
bound  to  Hamburgh  thence  to  America,  where  they  had  been  preceded  by 
agents  to  purchase  land  as  they  are  not  without  resources.  They  emigrate 
to  preserve  the  true  taith,  and  in  this  feature  resemble  the  pilgrims  of  old, 
who  left  England  and  then  Holland  to  come  to  this  country  to  preserve  the 
liberty  of  conscience."  —  N.   Y,  Evangelist,  443. 

We  see  by  the  foregoing-  extracts  that  toleration  is 
not  the  usage  of  all  civilized  nations;  and  we  shall 
now  introduce  a  quotation  to  show  that   it  is  not    re- 


Quired  by  the   written  precept  of  international   law. 
Vattell  says,  page  J218: — 

"It  is  then  certain  that  no  one  can  interfere  in  opposition  to  the  will  of  a 
nation  in  its  religious  affairs,  without  violating  its  right  and  doing  it  an  inju- 
ry. But  it  is  an  office  of  humanity  to  labor  by  mild  and  lawful  means  to 
persuade  a  nation  to  receive  a  religion  that  is  believed  to  be  the  only  one  that 
is  true  and  salutary.  Missionaries  may  be  sent  to  instruct  the  people,  and 
this  care  is  altogether  conformable  to  the  attention  which  every  nation  owes 
to  the  perfection  and  happiness  of  others;  but  it  must  be  observed  that  not 
to  do  any  injury  to  the  rights  Of  a  sovereign  the  missionaries  ought  to  abstain 
from  preaching  clandestinely,  Or  without  his  permission;  a  new  doctrine  to 
his  people.  He  may  refuse  to  allow  them  the  liberty  of  discharging  their 
foffice',  and  if  he  orders  them  to  leave  his  dominions  they  ought  to  obey.  They 
have  need  of  afvery  express  order  from  the  King  of  kings  for  disobeying  law- 
fully a  sovereign, who  commands  according  to  the  extent  of  his  power;  and  the 
princewho  shallnot  be  convinced  of  this  extraordinary  order  of  the  deity  will  do 
ho  more  than  exert  his  authority  by  punishing  a  missionary  for  disobedience." 
—"Again,  when  a  religion  is  persecuted  in  one  country  the  foreign  nations 
who  profess  it  may  intercede  fortheir  brethren;  but  this  is  all  they  can  law- 
fully do  unless  persecution  be  carried  to  an  intolerable  excess.  Then  indeed 
it  becomes  a  case  of  manifest  tyranny  in  which  all  nations  are  permitted  to 
succor  an  unhappy  people.  A  regard  to  their  own  safety  may  also  author- 
ize them' to  undertake  the  defence  Of  the  persecuted;  A  king  Of  France  re- 
plied to  the  Ambassador,  who  solicited  bird  to  sutler  his  reformed  subjects 
to  live  in  peace,  that  he  was  niaster  in  his  kingdom.  But  the  Protestant  sove- 
reigns who  saw  a  conspiracy  of  all  the  Catholics  Obstinately  bent  on  their 
destruction  were  also  masters  with  respect  to  the  succoring  men  who 
might  strengthen  their  party  and  help  thorn  to  preserve  themselves  fiOm  the 
ruin  with  which  they  were  threatened; "  —  Vattell,  219;  220; 

By  the  foregoing  we  see  that  by  the  laws  of  nations 
toleration  is  neither  demanded  by  the  preceptor  adopt- 
ed in  the*  practice  of  civilized  nations;  that  it  is  not 
the  universal  usage  of  civilized  nations  as  stated  in 
the  Manifesto,  and  that  a  departure  from  this  prac- 
tice is  no  violation  of  international  law;  aud  that  by 
such  departure  the  government  of  the  Sandwich  Isl- 
ands have  committed  no  aggression  upon  the  rights 
of  other  nations,  and  are  not  justly  answerable  to 
them.  We  see  that  intolerance  and  persecution  do 
exist  to  a  considerable  extent  in  several  of  the  civil- 
ized nations  of  Europe  and  their  dependencies  Spain? 
Portugal  and  Italy  are  obnoxious  to  this  Charge;  and 
in  the  Dutch  Dominions,  Prussia,  and  even  France, 
free  toleration  in  the  fullest  sense  of  the  word  is  un- 
known; and  perhaps  so  of  some  others.  In  France 
we  believe  that  no  religious  test  is  required  as  a  qual 


(  21  ) 

iftcaliou  for  office,  that  a  man's  faith  forms  no  barrier 
to  his  rising  to  the  highest  offices  of  government,  and 
that  it  is  the  wise  and  humane  policy  of  government 
to  grant  free  toleration  to  ail  religions,  and  we  are 
glad  to  be  able  to  say  that  one  at  least  of  her  bright- 
est ornaments  and  most  talented  statesmen,  (M.  Qui* 
/,ot  minister  of  public  instructions,)  is  a  Protestant 
deeply  interested  in  the  circulation  of  the  scriptures 
through  France  in  the  vernacular  tongue.  We  know 
iiot  but  there  maybe  others,  we  hope  there  are.  But 
whilst  such  is  the  just  policy  of  government,  still  the 
Roman  faith  predominates,  and  so  great  is  its  pre- 
dominance in  some  departments,  that  even  the  legal 
tribunals,  urged  onward  by  the  irresistable  tide  of 
public  opinion,  are  led  to  condemn  people  to  imprison- 
ment for  not  taking  off  their  hats  upon  the  passing  of 
"a  religious  procession  under  the  absurd  plea,  "that 
this  offence  came  under  the  head  of  disturbing  the 
free  exercise  of  the  religious  rites  of  the  country;" 
and  thus  the  just  intentions  of  her  liberal  policy  are 
not  fully  realized.  Our  remarks  on  this  subject  are 
not  made  to  justify  the  Sandwich  Islands  govern- 
ment, in  any  intolerance  or  persecution  which  it  may 
have  exercised.  We  deeply  regret  that  such  a  charge 
may  be  justly  brought  against  it,  and  we  would  no 
sooner  justify  or  vindicate  the  Sandwich  Islands  gov- 
ernment for  intolerance  and  persecution,  than  we 
would  the  liberal  and  enlightened  governments  of 
Europe.  We  are  utterly  opposed  both  to  the  princi- 
ple and  the  practice,  wherever  it  may  be  found.  Our 
sentiments  are  for  universal,  full  and  free  toleration, 
on  all  subjects  of  conscience.  If  however  any  apolo- 
gy could  be  found  for  intolerance  and  persecution,  it 
would  most  certainly  be  for  that  people  just  emerging 
from  a  state  of  rude  barbarism,  and  not  for  those  na- 
tions who  had  enjoyed  the  light  of  religion  and  sci- 
ence for  ages.  Our  object  is  to  show  that  the  Sand- 
wich Islands  government,  in  a  departure  from  a  libe- 
ral and  tolerant  administration  of  its  domestic  affairs, 
has  not  violated  the  precepts  of  international  law., 
and  that  its  practice  has  not  varied  from  that  of  civil- 
ized nations. 

We  here  insert  facts  in  relation  to  the  persecution^ 
4 


(  22  f 

(which  have  been  collected  with  care  and  are  believ- 
ed to  be  correct,)  that  the  public  may  be  able  to  judge 
for  themselves  whether  it  has  been  carried  to  such  an 
"intolerable  excess,"  as  to  render  such  interference  as 
has  taken  place  justifiable. 

It  is  proper  here  to  say  that  the  king  issued  orders 
on  the  17th  of  June,  22  days  previous  to  the  arrival 
of  the  l'Artemise,  that  no  further  punishment  should 
l)e  inflicted,  that  the  chiefs  should  confine  themselves 
to  the  use  of  moral  suasion  in  their  efforts  to  reclaim 
the  Roman  Catholic  proselytes,  and  if  any  were  coir- 
fined  or  laboring,  they  should  be  set  at  liberty.  If 
any  suffered  after  this,  it  was  without  his  knowledge 
or  consent. 

Statistics  in  relation  to  the  persecution  of  the   Catholics. 

Thirteen  men  and  fifteen  women  have  at  different 
times  been  punished  for  the  practice  and  propagation 
of  the  Roman  Catholic  religion.  The  usual  punish- 
ment has  been  a  short  imprisonment  and  labor  for  a 
period  of  about  four  months.  Several  recanted  and 
were  discharged  before  the  term  of  punishment  ex- 
pired. 

One  man  and  his  wife  Were  imprisoned  at  nighty 
and  made  to  perform  the  office  of  scavengers  to  the 
fort  during  the  day  for  the  period  of  more  than  a* 
year. 

Another  rhan  fof  two  or  three  months  suffered  the 
Same  punishment.  They  were  then  with  several 
others  placed  on  land,  under  a  head  man,  where  they 
were  employed  somewhat  on  the  terms  of  common 
serfs,  but  more  severe,  for  more  than  a  year. 

The  kind  of  labor  usually  performed  by  this  class" 
Of  prisoners  has  been  making  stone-wall  and  cutting- 
stone  by  the  men  on  the  sea  shore,  making  mats  by 
the  women,  and  labor  on  land.  None  have  ever 
wrought  on  the  road;  many  moi'6  have  been  called  up' 
and  conversed  with  and  discharged  without  punish- 
ment. We  cannot  learn  that  any  corporeal  punish- 
ment has  at  any  time  been  inflicted  by  order  of  gov- 
ernment. 

We  cannot  but  feel  deeply  pained  that  such  occur- 


fences  as  the  above  should  ever  have  taken  place,  ana 
if  in  other  respects  than  the  exercise  of  the  Romish 
faith  the  sufferers  were  good  subjects  and  this  govern? 
inent  had  persisted  in  such  a  course  after  expostula^ 
tion,  then  we  conceive  foreign  interference  would 
have  been  justifiable;  but  we  have  already  shown  that 
previous  to  the  arrival  of  the  l'Artemise  the  exercise 
of  Roman  Catholic  worship  had  ceased  tp  be  penal, 
and  consequently,  no  necessity  for  interference  exist? 
ed  in  the  case. 

We  now  propose  to  offer  some  remarks  on  the  clause 
jn  the  Manifesto,  "Misled  by  perfidious  counsellors," 
and  again,  "led  on  by  bad  counsellors." 

Who  these  perfidious  counsellors  are  is  made  plain 
by  the  last  clause  of  Captain  Laplace's  communica- 
tion to  the  American  Consul,  already  inserted.  We 
see  by  that,  that  they  are  the  Protestant  clergy  of 
members  of  the  American  Mission.  Here  then  are 
forty  American  citizens  scattered  through  all  the 
^Sandwich  Islands,  pursuing  peaceably  their  avoca- 
tions, with  protections  from  their  government,  charged 
with  the  violation  of  their  neutrality  as  American  cit- 
izens by  acts  of  hostility  to  the  French  government, 
and  without  a  hearing  publicly  condemned  by  an  offi- 
cer of  the  French  navy,  their  possessions  exposed  to 
plunder,  and  their  families  to  violence  and  death. 

The  particular  acts  as  far  as  we  can  infer  from  the 
general  charge  of  directing-  the  counsels,  influencing 
the  government,  and  being  the  true  authors  of  the  in- 
sults charged  upon  this  government  by  France,  must, 
be  those  which  have  been  considered  in  the  preceding 
pages,  viz:  sending  away  M.  Bachelot;^ — rejecting 
M.  Maigret;  —  tarnishing  the  Catholic  religion  with 
the  name  of  idolatry; — persecution  and  intolerance. 

In  regard  to  the  two  first,  the  missionaries  individu- 
ally or  collectively  never  gave  any  advice  upon  the 
subject  at  all,  either  for  or  against  the  measures.  They 
doubtless  had  their  opinions  upon  the  subject  and  if 
they  were  asked  of  any  one,  they  were  doubtless  free- 
ly expressed;  but  probably  the  majority  never  had 
their  opinions  upon  the  subject  inquired  into.  Most 
likely  all  would  have  doubted  the  good  policy  of  .sen.fi* 


(24) 

ingaway  Mess.  B.  and  S.,  as  this  government  was  so 
impotent.  But  were  she  ever  so  powerful  some  would 
have  doubted  the  moral  right,  unless  their  instruc- 
tions led  to  seditious  practices,  in  which  case  all  good 
citizens  and  friends  of  order  and  civil  government 
must  have  agreed  that  the  step  was  proper;  probably 
none  of  them  would  have  doubted  the  civil  right 
agreeable  to  the  usages  of  nations.  But  we  wish  it 
to  be  distinctly  understood  that  they  claim  the  right, 
inviolable  and  inalienable  to  think,  speak,  and  write 
their  opinions  freely  upon  whatever  subject  they 
choose,  amenable  only  to  the  laws  for  the  abuse  of 
that  right.  It  is  not  because  they  had  not  the  right, 
that  the  many  and  grievous  charges  brought  against 
them  have  remained  unnotieed.  It  is  because  their 
work  was  too  important,  and  their  time  too  valuable 
tube  spent  in  refuting  charges  which  have  generally 
been  so  virulent  as  to  carry  their  refutation  along 
with  them,  to  every  candid  mind. 

To  the  second  charge,  we  suppose  that  the  mission- 
aries have  taught,  that  the  w7orship  of  images,  whe- 
ther in  the  Catholic  church  or  out  of  it,  is  idolatry,  if 
they  have  taught  any  thing  about  it. 

The  writer  for  himself  is  not  aware  that  lie  has  said 
any  thing  special  upon  the  subject  of  idolatry  in  the 
Catholic  church,  but  he  most  certainly  believes  it,  nor 
has  proscription,  with  the  declaration  that  to  publish 
such  a  sentiment  is  to  offer  an  insult  to  France,  in  the 
least  tended  to  convince  him  that  it  is  incorrect.  Such 
an  argument,  addressed  to  the  fears,  may  eompel  but 
cannot  convince;  and  he  deems  it  quite  as  unsound 
when  applied  to  American  citizens,  with  proscription 
and  a  man-of-war  to  back  it  up,  as  when  applied  to 
the  subjects  of  the  Sandwich  Islands  government, 
backed  up  by  the  fear  of  labor  and  imprisonment. 
Neither  can  he  see  any  more  reason  why  France 
should  take  exception  at  his  speaking  his  mind,  than 
that  England  and  every  other  Protestant  country 
should  take  umbrage  because  French  and  all  other 
Cal holies  denounce  them  as  heretics. 

To  the  fourth  charge  of  intolerance  and  persecu- 
tion, we  have  already  said  that  the  missionaries  were 
jn  favor  of  toleration,  full  and  free,  every  where,  in  all 


(25) 

matters  of  conscience;  as  for  persecution  they  are  and 
always  have  heen  it's  decided  enemies;  they  have  nev- 
er sanctioned  it  in  any  manner,  and  most  deeply  re- 
gret its  ever  having'  existed  in  these  islands.  Most, 
of  them  were  strangers  to  the  fact.  It  was  known  to 
have  the  decided  disapprobation  of  all,  and  when  by 
any  means  it  reached  the  ears  of  any  it  was  made  the 
subject  of  earnest  remonstrance.  They  do  indeed  de- 
precate the  entrance  of  Catholicism  into  these  islands, 
because  they  believe  it  to  be  a  deadly  error,  but  at 
the  same  time  they  believe  that  the  only  proper  wea- 
pon with  which  to  fight  error,  is  the  word  of  God — - 
the  Sword  of  the  Spirit, 

These  then  are  the  grounds  upon  which  their  con- 
demnation has  gone  forth,  they  plead  guilty  only  as 
far  as  expressed  in  the  foregoing.  But  they  are  not 
called  upon  to  plead  at  all,  or  allowed  the  opportuni- 
ty, or  even  so  much  as  to  hear  the  crimes  wherewith 
they  are  charged,  until  they  see  them  registered  in 
the  sentence.  Had  they  all  been  guilty,  condemna- 
tion without  trial  would  have  been  most  unjust.  Had 
there  been  a  possibility  that  one  was  innocent,  the  in- 
justice would  have  been  aggravated.  But  whilst 
there  was  a  probability  that  not  one  could  be  convic- 
ted upon  credible  testimony,  with  a  fair  and  impartial 
trial,  the  act  becomes  one  of  the  most  glaring  acts  of 
injustice  of  which  we  have  any  knowledge. 

Had  they  violated  their  neutrality  they  should  have 
been  indicted  and  tried;  and  if  convicted  have  suffer- 
ed the  penalty  for  a  violation  of  neutrality,  according- 
to  the  degree  of  guilt.  Had  they  been  taken  by  the 
French  on  hostile  ground  with  arms  in  their  hands, 
not  in  actual  war,  they  had  still  been  entitled  to  trial, 
before  they  could  properly  have,  been  detained  as 
prisoners  of  war.  But  their  being  publicly  proscribed, 
as  they  were,  was  to  point  them  out  as  criminals 
whose  death  would  give  satisfaction. 

We  will  now  look  at  the  probabilities  of  their  guilt. 
Of  the  proscribed,  twenty-seven  had  not  come  to  the 
islands  at  the  time  M.  Bachelot  was  first  sent  away, 
and  four  more  had  been  here  but  a  few  months;  fifteen 
and  their  families  and  two  single  ladies  arrived  but  a, 
few  days  previous  to  his  being  put  on  board  the  Clem* 


(26) 

entine,  -strangers  to  both  foreigners  and  natives,  and 
unacquainted  with  the  language.  In  a  few  weeks 
they  were  dispersed  over  the  islands.  M.  Maigret 
arrived  Nov.  2nd,  and  the  intelligence  that  he  was  ex- 
pecting to  come  arrived  but  a  few  days  previous. 
From  the  circumstances  of  most  of  the  mission,  they 
could  not  have  been  informed  previously  to  his  arri- 
val that  he  was  expected,  and  as  little  was  said  about 
the  transaction  at  the  time,  many  of  theml  doubtless 
were  uninformed  altogether  upon  the  subject.  One 
such  the  writer  has  conversed  with,  who,  till  the 
present  excitement,  had  not  heard  of  the  transaction. 
With  these  facts  before  them  the  public  are  left  to 
judge  how  far  a  large  number  at  least  can  be  obnox- 
ious to  the  charge  so  indiscriminately  brought  against 
the  missionaries  by  the  French  commander,  and  upon 
which  he  proceeds  officially  to  proscribe,  and  in  the 
probable  event  of  war  to  deliver  them  and  their  fami- 
lies up  to  its  calamities. 

In  relation  to.  this  affair  we  extract  the  following! 
from  the  Sandwich  Island  Gazette,  of  July  2T,  1839: — 

"We  cannot  believe  it  possible  that  Capt.  Laplace  would  have  indentified 
the  Protestant  clergy  at  the  Sandwich  Islands  with  the  native  population 
as  the  enemies  of  France  without  the  most,  positive  proof  of  that  fact.  If  he 
had  any  doubt  on  the  subject,  he  never  Mould  have  permitted  that  accusa- 
tion to  have  made  part  of  his  Manifesto.  He  did  (convinced  as  he  was) 
.what  he  will  be  justified  in  having  done  by  the  laws  qf  nations  and  by  numer- 
,ous  similar  examples  already  upon  the  pag-es-of  history." 

'We  cannot  well  conceive  what  degree  of  evidence 
would  be  necessary  to  justify  an  officer  of  any  govern- 
ment to  condemn  and  as  far  as  in  him  lies  give  up  to 
.execution  a  whqle  community  of  the  subjects  of  any 
other  government  on  terms  of  peace  and  amity  with 
Iris  own,  unheard  and  without  trial.  Let  this  usage 
generally  prevail  and  no  foreigner  could  feel  or  could 
be  safe  in  a  foreign  land.  For  instance,  let  a  French 
subject  sojourn  at  the  Society  Islands;  Great  Britain 
for  some  alleged  offence  declares  war  with  the  Socie- 
ty Islands,  she  sends  a  man-of  war  to  obtain  redress, 
and  the  Captain  declares  that  the  Frenchman  has 
been  the  cause  ofthe  offence,  and  points  him  and  his 
family  out  as  peculiar  objects  of  vengeance;  he  enjoys 


(21  ) 

hot  the  Benefit  of  trial.  Would  France  refuse  to  no- 
tice his  wrongs  because  forsooth  a  British  Captain  has 
seen  fit, upon  his  mere  arbitrary  will, to  say  the  French  - 
ilian  hag  caused  the  trouble.  No;  and  such  a  proce- 
dure would  be  an  oiitrage  upon  the  laws  of  nations. 
Even  the  goods  of  neutrals  found  in  an  enemy's  coun- 
try are  to  be  respected  as  far  as  practicable  in  a  state 
of  war,  when  once  proved  to  belong  to  a.  neutral. 
How  much  more  then  the  person  of  a  neutral,  until 
proved  guilty  of  aiding  the  enemy. 

We  are  sorry  that  the  descendant  of  a  British  or 
American  freeman  can  be  found  so  fallen  as  to  defend 
such  unjustifiable  conduct.  He  must  have  forgotten 
those  great  bulwarks  of  British  liberty  secured  by  our 
fathers  for  themselves  and  posterity  upon  which  Bri- 
tish and  American  law  is  built  -r- the  magna  charta 
which  secures  trial  by  jury  to  all,  whatever  be  their 
crimes;  writ  of  habeas  corpus,  and  liberty  of  the  press; 
that  the  French  also  grant  trial  by  jury.  For  his  be- 
nefit and  that  of  all  who  have  forgotten  that  freemen 
have  rights,  and  are  dreaming  that  we  live  in  by- 
gone ages,  when  men  were  permitted  to  wear  their 
heads  merely  by  the  sufferance  and  kindness  of  some 
despot,  we  will  make  some  quotations  which  will  help 
to  remind  them  that  we  live  in  an  age  of  laws.     - 

And  first;  the  habeas  corpus,  which  was  finally  es- 
tablished in  the  30th  year  of  Charles  II.,  is  a  writ  is- 
suing from  the  Court  of  the  King's  Bench,  by  which 

"The  officer  or  keeper  is  required  within  six  hours  td  deliver  to  the  prisoner 
on  his  demand  a  copy  of  the  warrant  of  his  commitment,  under  the  penalty 
of  £100  and  being  disabled  to  hold  his  offiee.  In  the  next  place,  no  person 
once  delivered  by  a  writ  of  habeas  corpus  shall  be  recommitted  for  the  same1 
Offence  under  the  penalty  of  £500  sterling.  Every  person  committed  for 
treason  or  felony  shall,  if  he  require  it,  in  the  first  week  of  the  next  term  or 
the  first  day  of  the  next  session  be  indicted  in  that  term  or  session,  or  else  ad-_ 
mitted  to  bail.  Tf  acquitted  or  not  indicted  he  shall  be  discharged.  Any  of 
the  12  Judges  or  the  Lord  Chancellor  refusing  a  writ  of  habeas  corpus  shall 
forfeit  £500.  Tii  the  last  place,  no  subject  of  England  shall  be  sent  prisoner 
to  Scotland,  Ireland,  Jersey.;  Guernsey  or  any  other  place  beyond  the  seas,' 
under  penalty  to  the  party  committing  and  to  all  who  assist  or  advise,  of  for- 
feiting £500,  to  be  recovered  with  treble  costs,  being  disabled  from  holding 
any  office,  being  imprisoned  for  life,  forfeiting  his  whole  estate  for  life,  and 
being  incapable  of  the  king's  pardon. 

Such  is  the  nature  of  the  habeas  corpus,  a  morst  invaluable  security  for  the 
personal  liberty  of  the  subject,  a  security  which  is  enjoyed  under  no  gov- 
ernment on  the  face  of  the  earth  but  our  own/'—  "The  only  exception  t& 


(28) 

(he  general  liberty  of  the  subject  under  the  British  government  is  the  p6w- 
cr  of  impressing  seamen  by  the  king's  commission  for  the  supply  of  the 
navy." 

"Another  of  the  highest  privileges  of  the  British  subject  is  the  trial  of  all 
crimes  by  jury." 

This  is  of  Saxon  origin  and  of  ancient  date,  Was 
partially  secured  in  the  ninth  year  of  Henry  III.  but 
more  firmly  in  A.  D.  1215.  in  the  reign  of  king  John, 
when  lie  could  no  longer  avoid  it  without  the  proba- 
ble loss  of  his  crown. 

"At  Runny mede  between  Staines  and  Windsor,  a  spot  which  will  be 
deemed  sacred  to  the  latest  posterity,  solemn  conference  was  held  between 
John  and  the  assembled  barons  of  England,  when,  after  a  very  short  debate 
the  king  signed  and  sealed  that  great  charter  which  is  at  tins  day  the  founda- 
tion and  bulwark  of  English  liberty,  Magna  Charta."  [This  was  con- 
firmed by  Edward  I.  A.  D.  1283.] 

One  clause  in  this  instrument  reads  thus:  — *- 

"No  free  man  shall  be  taken  or  imprisoned,  or  dispossed  of  his  free  tene- 
ments or  liberties,  or  outlawed  or  banished,  or  any  way  hurt  or  injured,  un- 
less by  the  legal  judgement  of  his  peers  or  by  the  law  of  the  land." — "The 
preliminaries  to  tiial  are  different  in  England  and  Scotland.  The  number  of 
jurors  are  different;  12  in  England  and  15  in  Scotland.  Unanimity  of  opinion 
is  required  in  the  former.  A  majority  of  voices  is  decisive  in  the  latter.  In 
both  modes  of  trial  it  is  the  privilege  of  the  criminal  to  be  judged  by  the 
impartial  verdict  of  his  peers  The  prisoner  has  even  a  share  in  the  choice 
of  his  jury,  for  the  law  has  allowed  him  the  right  of  challenging  or  object- 
ing to  such  as  he  may  think  exceptionable." 

"In  England  the  prisoner  may  challenge  peremptorily,  that  is  without 
shewing  any  cause,  twenty  jurors  successively.  The  witnesses  upon  the 
trial  deliver  their  evidence  in  presence  of  the  prisoner,  who  is  allowed  to 
question  them  and  to  produce  witnesses  in  his  own  behalf.  In  cases  of  trea- 
son the  accused  person  may  challenge  successively  thirty-five  jurors,  he  may 
have  two  counsels  to  assist  him  on  his  trial,  and  no  treason,  unless  actual 
attempt  upon  the  life  of  the  king,  can  be  prosecuted  after  three  years  from 
the  offence." 

"The  opinions  of  the  judges  in  summing  up  the  evidence  have  no  weight 
but  such  as  the  jury  choose  to  give  them,  and  their  verdict  ought  to  proceed 
Entirely  on  their  own  belief  and  conviction.  Lord  Chief  Justice  Hale,  has  in 
his  History  of  the  Common  Law  of  England,  summed  up  in  a  very  few  woid3 
the  duty  and  powers  of  a  jury.'''  -—"The  jury  in  their  recess  are  to  consider 
their  evidence^  to  weigh  the  credibility  of  witnesses,  and  force  and  efficacy 
of  their  testimonies;  they  are  not  bound  to  the  rules  of  civil  law  to  have  two 
witnesses  to  prove  every  fact,  unless  it  be  in  cases  of  treason;  nor  to  reject 
one  witness  because  he  is  single,  or  always  to  believe  two  witnesses,  if  the 
probability  of  the  fact  does  upon  other  circumstances  encounter  them.  It 
limy  fall  out  that  a  jury  upon  their  own  knowledge  may  know  a  thing  to  be 
♦ik>e  which  a  witness  has  sworn  tc  be  true,  or  may  know  a  witness  to  be  in* 


(29) 

competent  or  incredible  though  .nothing  be  objected  against  him,  and  may 
give  their  verdict  accordingly,!" 

"The  effect  of  the  verdict  of  a  jury  is  final  and  positive.  If  the  prisoner  is 
acquitted  be  is  instantly  set  at  liberty,  and  cannot  on  any  pretence  be  tried 
again  for  the  same  crime.  If  found  guilty  the  judge  must  pronounce  sen- 
tence according  to  law.  But  (his  law  must  contain  a  positive  enactment 
with  regard  to  the  special  crime  which  was  brought  before  the  jury,  for  in 
crimes  no  constructive  extension  of  laws  can  be  admitted. 

"The  spirit  of  out  laws  considers  the  impunity  of  an  offender  as  a  very 
small  matter  in  comparison  with  the  dangers  that  would  result  from  such  ex- 
tension. 

"The  last  particular  I  shall  take  notice  of  and  what  is  in  fact  the  guardian 
■of  the  British  constitution  is,  the  liberty  of  the  pre**.'" 

"To  supply  the  unavoidable  deficiency  of  all  legislative  provisions,  to  pre- 
vent, the  silent  deviations  of  magistrates  from  their  duty,  (transgressions  the 
more  dangerous  that  r:o  punishment  can  reach  them,)  and  to  be  a  constant 
check  upon  the  minutest  departments  of  the  constitution  as  a  pendulum  re- 
gulates the  equable  motions  of  all  the  wheels  of  a  clock,  there  is  one  power 
in  the  British  government  whose  exertions  are  constant  and  unremitting,  a 
just  regulator  of  the  whole  parts  of  that  nice  and  complicated  machine. 
This  is  the  power  which  every  individual  has  of  expressing  his  opinion  of  the 
whole  conduct  of  government  without  reserve  by  woid  or  writing,  a  power 
which  is  so  regulated,  however,  as  to  secure  all  the  benefit  of  the  the  ancient 
censorship  without  its  mischiefs.  The  censorial  tribunal  at  Rome  was  enr 
tirely  arbitrary  which  repressed  all  freedom  of  judgement  in  the  public,  or 
at  least  rendered  it  of  no  consequence,  since  the  regulation  of  government 
was  supremely  lodged  iu  the  breasts  of  a  few  men  with  whom  that  judge- 
ment could  have  no  eilect.  But  a  British  subject  has  the  right  of  free  judge- 
ment on  all  public  measures,  of  remonstrating  to  his  governors,  of  carrying 
his  complaint  and  his  appeil  to  the  public  by  means  of  the  press,  of  submit- 
ting to  the  general  opinion  the  views  and  principles  -of  these  governors  ex- 
pressed in  parliament,  and  thus  by  openly  examining  and  scrutinizing  their 
whole  conduct  to  furnish  the  most  powerful  restraint  against  every  degree 
of  malversation.  It  is  peculiar  to  the  British  government  that  there  is  no 
person  so  high  in  administration  as  not  to  feel  the  weight  of  public  opinion. 

"The  loss  of  popular  favor  to  a  statesman  will  furnish  such  opposition  to 
his  measures  as  to  gall  and  embitter  every  hour  of  his  life.  Even  the  taunts, 
the  curses  or  the  hissings  of  the  vulgar  there  is  no  man  whatever  that  can 
long  support  with  any  degree  of  tranquillity,  and  when  he  considers  that 
not  only  his  present  fane  is  at  stake  hut  also  his  memoiy,  to  the  latest  pos- 
terity, by  means  of  the  press,  he  will  soon  find  that  he  is  irresistibly  and  most 
powerfully  restrained  within  the  bounds  of  his  duty. 

Upon  these  bases  are  raised  the  laws  of  the  United 
States,  and  such  are  the  great  palladiums  of  British 
liberty  which  have  been  rearing  for  ages  by  the 
watchful  jealousy  of  British  freemen;  and  these  the 
Gazette  would  aid  in  sweeping  away,  by  justifying  the 
arbitray  condemnation  of  freemen  without  trial.  Is 
there  danger,  in  allowing  an  extensive  construction 
of  criminal   law,  so  great  that  a  whole  nation  would 

5 


(30) 

prefer  that  the  guilty  should  go  unpunished?  And  is 
there  no  danger  in  such  a  precedent  as  this?  What 
would  the  writ  of  habeas  corpus  and  liberty  of  the 
press  be  worth,  once  take  away  the  right  of  trial? 
There  is  no  crime  so  great,  and  no  circumstances  so 
peculiar  that  it   may  injustice  be  denied. 

American  citizens  taken  in  Canada  in  arms  against 
the  British  government,  were  not  denied  it,  nor  trial 
by  jury;  and  there  are  none  but  despots  and  barbari- 
ans who  do  deny  it;  and  wo  be  to  the  man  who  may 
have  this  sacred  right  torn  from  him,  or  trampled  up- 
on with  impunity.  He  has  no  further  security  for  life 
or  property. 

Will  it  be  inquired,  "What  has  British  law  to  do 
with  this  subject?"  We  reply,  much.  It  is  based 
upon  the  inviolability  of  human  rights;  these  rights 
cannot  be  alienated  by  a  change  of  place  or  circum- 
stances. They  are  universal  and  inalienable,  and 
where  they  are  not  enjoyed,  it  is  because  despotism 
reigns.  What  are  the  laws  of  nations  but  rules  of 
action  to  secure  the  equal  distribution  or  administra- 
tion of  justice  in  the  community  of  nations,  and  be- 
tween the  subjects  of  different  governments;  and 
which  of  the  nations  would  wish  to  establish  the  rule 
by  precedent  or  otherwise,  that  a  subject  might  upon 
his  own  authority,  declare  the  weaker  subjects  of 
neighboring  nations  guilty  of  arfy  crime  he  might 
choose  to  bring  against  them,  and  without  trial  or 
hearing  and  with  impunity  condemn  them  to  whatever 
punishment  he  might  see  fit  to  inflict?  If  the  princi- 
ple is  sound  in  national  intercourse,  it  is  sound  and 
may  properly  be  introduced  between  subjects  of  the 
same  government.  We  think  even  the  Gazette  would 
not  advocate  its  introduction  into  any  community 
where  its  own  personal  interests  would  be  likely  to 
be  affected  by  it. 

We  will  here  insert  a  passage  from  the  Gazette  of 
July  1,  1837,  probably  by  the  same  writer,  by  way  of 
commentary  on  the  preceding  quotation. 

"We  wish,  however,  to  be  distinctly  unrlersfoofl  that  we  disavow  in  toto, 
the  right  of  this  government  to  banish  in  the  first  place  these  men  without 
trial  or  accusation." 


(31  ) 

Now  about  whom  are  these  remarks  made?  About 
foreigners,  Catholic  clergymen,  whom  the  govern- 
ment without  any  injury  to  life  or  limb,  chose  to  deny 
the  privilege  of  settling  in  their  territories  and  propa- 
gating their  faith,  because  it  was  their  choice  that  it 
should  not  be  propagated.  It  seems,  then,  that  the 
writer  was  shocked  at  the  thought  of  their  being  re- 
jected without  first  being  tried;  and  yet  he  now  sup- 
poses that  all  civilized  governments  will  justify,  not 
the  rejection  without  injury, but  the  absolute  proscrip- 
tion and  condemnation  of  forty  freemen,  with  their  fa- 
milies, to  fire  and  sword  without  trial  !  !  Great  indeed 
must  have  been  the  change  in  his  views  !  The  wheels 
of  time  with  him  must  have  had  a  very  rapid  retrograde 
motion;  for  in  the  short  space  of  two  years,  he  seems 
to  have  been  carried  back  centuries,  and  imbibed  the 
spirit  of  those  ages  of  darkness  and  despotism,  when 
men  were  condemned  and  executed  without  trial  or 
even  accusation,  and  whose  enormities  are  only  re- 
membered with  horror,  as  they  are  recorded  on  the 
pages  of  history  and  held  up  for  a  beacon  to  others  to 
beware.  Or  perhaps  the  change  has  not  been  as  great 
in  his  views  as  one  would  be  led  to  suppose.  Perhaps 
it  was  not  the  principle  of  impartial  trial's  not  being 
extended  to  all,  which  excited  his  sensibilities;  but 
that  it  should  not  be  extended  to  particular  persons, 
who  thought  and  felt  as  he  did.  If,  then,  the  two 
Catholic  missionaries  had  been  in  the  place  of  forty 
Protestants,  condemnation  without  trial  would  have 
been  justifiable;  but  if  the  forty  Protestants  were 
changed  into  two  Romanists,  it  would  have  been 
shocking  to  humanity,  and  they  would  have  had  his 
warmest  sympathies. 

We  are  told  that  the  conduct  of  Capt.  L.  will  be 
justified  "by  numerous  similar  examples  already  on 
the  pages  of  history."  The  writer  has  not  pointed  out 
any  of  the  numerous  similar  examples,  but  we  know 
of  no  enormity  so  great  but  a  precedent  may  be  found 
for  it  on  the  pages  of  history.  The  pages  of  history 
teem  with  the  record  of  crime,  injustice,  usurpation, 
cruelty,  and  the  violation  of  natural  and  civil  rights, 
by  tyrants;  and  we  doubt  not  that  amongst  them  ma- 
ny might  be  found  bearing  some  analogy,  if  not  very 


(  22 ) 

similar  to  the  present  case.     We   think  the  following 
analagous  in  many  respects: — 

A  wicked  counsellor  of  a  Persian  monarch  by  false 
accusation  obtained  a  decree  to  be  issued,  that  all  the 
Jews  throughout  his  vast  dominions  should  be  slain. 
Thus  a  numerous  and  useful  class  of  his  subjects  were 
without  trial  decreed  to  execution. —  So,  throughout 
all  the  islands  of  this  kingdom,  the  missionaries  were 
condemned  to  suffer  the  calamities  of  war  without  a 
hearing.  Such  acts  of  tyranny  were  peculiar  fea- 
tures of  ancient  despotisms,  more  especially  those  of 
oriental  countries.  But,  happily,  such  examples  are 
not  frequent  in  modern  European  history,  and  as  the 
darkness  of  past  ages  has  rolled  away  they  have  be- 
come less  and  less  so;  and  no  European  power  has 
for  many  years  past  been  accustomed  to  condemn  in- 
dividuals not  found  in  arms  in  .time  of  war,  (and  not 
often  then  when  there  is  no  resistance,)  much  more 
whole  communities  belonging  to  a  neutral  and  friend- 
ly nation,  without  trial.  '  Turkey,  we  know,  forms  an 
exception  to  the  onward  march  of  civilization  in  Eu- 
ropean nations,  and  thousands  of  heads  have  there 
found  their  way  into  the  Bosphorus  without  their 
owners  ever  being  permitted  to  answer  to  the  crimes 
laid  to  their  charge,  and  the  executioner  is  often  the 
person  who  announces  to  thern  the  charge  brought 
against  them,  if  announced  at  all,  when  he  calls  to 
perform  the  functions  of  his  office;  but  we  doubt  if 
even  there,  the  sultan  has  dared  to  make  such  free- 
use  of  the  heads  of  the  subjects  of  a  friendly  govern- 
ment very  often,  and  we  hope  it  will  be  long  before 
the  civilized  world  will  search  for  such  examples  to 
justify  similar  conduct.     The  Gazette  says: — 

"We  have  heard  that,  the  members  of  the  Protestant  mission  feel  indig- 
nant at  the  exception  that  was  made  to  them  by  Capt.  Laplace  •in  the  protec- 
tion he  offered  to  the  foreign  residents  at  Oahn,  and  in  consequence  that 
fhey  intend  making  a  protest  and  forwarding  it  to  the  government  of  (he 
United  States. 

We  hope  they  will  not  be  so  unwise  as  to  resort,  <o  a  measure  so  ridiculous 
in  order  to  substantiate  their  innocence,  such  a  document  would  meet  but 
a  poor  reception  at  the  city  of  Washington.  If  they  have  been  wronged,  in 
the  spirit  of  Christianity  let  them  bear  it  with  meekness.  All  the  proof  that 
they  can  produce  from  native  testimony  that  they  have  not  been  the  advis  - 
ers  of  this  people  in  their  acts  of  persecution  against  Ihc  Catholics  will  avail 


(23) 

nothing.  By  the  disinterested  and  enlightened  of  other  nations  it  will  receive' 
ho  credence.  By  their  lives  and  conduct  hereafter  they  will  alone  be  ena- 
bled to  convince  the  vvoild  if  they  have  been  misjudged  without  re.vson  or 
censured  without  cause." 

The  members  of  the  Protestant  mission  do  feel  that 
injustice  was  done  them,  and  that  they  have  reason 
to  complain  of  the  exception  made  by  Captain  La- 
place. They  are  aware  that  Capt.  Laplace  was  un- 
der no  obligation  to  extend  the  offer  of  protection  to 
them  or  any  other  foreigner,  nor  would  they  have 
asked  protection  at  his  hands,  or  accepted  it  had  it 
been  offered;  but  as  he  publicly  extended  this  pretec- 
tion  to  all  with  the  before  named  exception,  it  would 
have  had  all  the  effect  of  a  public  proscription,  and 
such  virtually  it  was.  But  lie  did  something  more 
than  to  make  this  exception.  He  adjudged  their 
case,  condemned  them  upon  exparte  testimony, 
and  publicly  declared  them  the  enemies  of  France, 
without  hearing  or  trial,  or  in  any  way  specifying 
to  them  in  what  their  crimes  consisted,  any  further 
than  what  they  might  infer  from  the  very  general 
charges  of  "insidious  counsellors,"  etc. 

The  missionaries  know  that  they  have  a  perfect 
right  both  civil  and  moral  to  protest  if  they  choose, 
and  it  is  doubtless  their  duty  to  remonstrate  against 
lawless  injustice.  Paid  appealed  unto  Caesar,  and 
the  Savior  when  unjustly  smit ten  remonstrated  against 
the  injustice:  '*If  I  have  spoken  evil,  bear  witness 
of  the  evil;  but  if  well,  why  smitest  thou  me?"  As 
to  the  reception  of  their  protest  at  Washington,  should 
they  see  fit  to  make  one,  they  have  no  especial  con- 
cern. They  have  no  evidence  that  the  U.  States  gov- 
ernment does  not  regard  the  welfare  of  its  citizens 
wherever  they  may  be,  nor  that  it  is  indifferent,  when 
that  great,  bulwark  of  the  personal  liberty  of  ks  sub- 
jects, a  trial  by  jury,  is  torn  away  from  them.  As  to 
the  measure's  being  "ridiculous,"  they  know  of  no 
other  earthly  shelterfrom  injustice  than  an  appeal  to 
their  country;  and  they  can  conceive  of  no  other  rea- 
son why  they  should  have  received  protections  from 
their  government,  than  simply  the  security  of  rights 
belonging  to  them  as  American  citizens.  'If  then  it  is 
ridiculous  to  appeal  from. injustice,  it  was  ridiculous  to 


(34) 

grant  them  protections,  as  they  could  be  no  possible 
security  against  it.  To  suppose  that  it  would  be  "un- 
wise and  ridiculous"  for  the  missionaries  to  appeal 
to  the  government  of  their  country,  would  be  to  im- 
peach its  justice;  inasmuch  as  it  presupposes  that  the 
government  would  sanction  an  outrage  committed 
upon  its  subjects  without  inquiry  or  investigation. 
Not  long  since  M.  De  l^a  Fluchelle,  the  French  Vice 
Consul  at  New  York,  procured  warrants  for  the  ar- 
rest of  two  men  alledged  deserters  from  the  French 
marine.  But  instead  of  bringing  them  before  the 
American  courts  for  examination,  they  were  carried 
on  board  the  frigate  Didon,  which  sailed  immediately 
for  France.  A  warrant  was  issued  for  his  arrest.  He 
surrendered  himself  to  the  authorities,  and  was  ad- 
mitted to  bail  in  the  sum. of  five  thousand  dollars. 

A  few  months  since  two  American  citizens  were 
murdered  on  the  coast  of  Sumatra,  and  a  frigate  was 
immediately  despatched  thither  to  make  inquiries  and 
obtain  redress. 

The  first  of  these  examples  shows  that  Americans 
have  some  regard  to  human  rights,  that  they  are  not 
entirely  indifferent  to  any  one's  being  deprived  of  trial, 
and  condemned  without  a  hearing;  —  that  even  the 
accredited  officer  of  a  foreign  government  may  not 
deprive  his  own  countrymen  of  this  invaluable  safe- 
guard to  liberty  with  impunity  within  their  jurisdic- 
tion. How  then  can  it  be  supposed  that  they  will  al- 
low forty  of  their  fellow  citizens,  natural  born  citizens, 
representing  nine  or  ten  States  and  three-fourths  of 
the  population  of  the  United  States,  to  have  this  in- 
justice extended  to  them  without  deigning  to  inquire 
wherefore. 

We  learn  from  the  last  example  that  American  citi- 
zenship is  designed  to  be  of  some  value  as  a  protec- 
tion; that  it  is  required  to  be  respected;  that  her  pro- 
tections are  not  granted  in  vain,  and  that  if  they  are 
violated  she  will  demand  the  reason.  The  missiona- 
ries wish  no  war  to  be  waged  and  no  lives  to  be  sacri- 
ficed on  their  account:  sooner  would  they  submit  not 
only  to  have  their  rights  violated  as  they  have  been, 
but  to  have  that  violence  consummated  by  the  destruc- 
tion of  their  lives,  as  it  was  likely  to  be  in  the  recent 


(35) 

events.  But  they  do  seek  protection  from  future  law- 
less injustice,  and  these  examples  are  given  to  show 
that  the  U.  States  government  and  people  are  not  so 
recreant  to  justice  as  the  writer  seems  to  suppose 
them  to  be  —  that  they  do  regard  theright  of  trial  as  of 
inestimable  value,  and  are  not  indifferent  to  the  viola- 
tion of  the  rights  of  American  citizens  in  foreign  lands; 
that  there  is  not  evidence  sufficient  to  render  them 
obnoxious  to  this  charge,  which  they  certainly  would 
be  were  they  so  regardless  of  injustice  done  to  their 
subjects  and  fellow  citizens  as  to  render  it  "ridiculous" 
to  remonstrate  against  it  with  the  hope  of  redress  — 
and  therefore  it  may  not  be  as  "ridiculous  and  un- 
wise" to  protest  against  the  violation  of  those  rights 
and  pray  for  protection,  as  he  seems  to  suppose. 

As  to  the  exhortation  to  meekness  and  forbearance, 
we  acknowledge  them  to  be  cardinal  and  precious 
virtues,  but  there  is  a  limit  beyond  which  even  for- 
bearance may  not  go,  or  injuries  be  silently  submitted 
to  without  danger  to  the  community.  If  a  man  jeo- 
pardizes my  life  frequently  and  I  have  no  evidence  of 
his  repentance,  it  becomes  my  duty  to  report  him  to 
the  magistrate  as  a  dangerous  man  to  the  community. 
By  a  longer  forbearance  I  jeopardize  the  public  peace 
and  safety,  and,  hence,  it  becomes  my  duty  to  report 
him. 

We  are  told  that  native  testimony  will  not.  be  re- 
ceived in  substantiation  of  the  mission's  innocence  by 
the  disinterested  and  enlightened  of  other  nations. 
What  will  the  disinterested  and  enlightened  of  other 
nations  think  of  condemning  freemen  without  any 
hearing  or  trial  at  all?  The  law  supposes  every  man 
innocent  until  he  is  proved  guilty,  and  the  mission 
cannot  believe  it  necessary  to  produce  testimony  of 
any  kind  to  substantiate  their  innocence  until  some 
has  been  presented  to  the  disinterested  and  enlighten- 
ed of  other  nations  to  prove  their  guilt.  We  imagine 
from  the  very  nature  of  the  case  that  it  would  be 
found  exceedingly  difficult  to  prove  a  man  guilty  of 
directing  the  councils  of  a  nation  whilst  he  was  yet 
a  schoolboy  many  thousands  of  miles  distant,  or  even 
had  he  just  landed  on  their  shores,  a  stranger  to  them 
and  their  language,  which  was  the  case   of  many  of 


(3G) 

the  proscribed.  No;  these  transactions  are  not  for 
enlightened  and  just  men,  nor  for  enlightened  ages. 
They  are  well  adapted  to  the  ignorance  and  tyranny 
of  the  darkest  of  the  dark  agesof  Europe  before  the 
people  had  learned  their  rights  or  begun  to  assert 
them. 

The  transaction  is  too  dark  for  even  this  half  civil- 
ized and  isolated  corner  of  the  earth;  for  even  here 
it  is  not  customary  or  lawful  to  condemn  the  most 
common  native  to  suffer  the  lightest  penalty  of  the 
law,  without  some  form  of  trial. 

We  will  now  introduce  an  extract  from  the  Gazette 
of  May  27,  1837,  probably  from  the  same  pen. 

"Can  it  be  supposed  that  the  violence  and  cruelty  which  has  been  extend- 
ed towavds'a  subject'  of  chivalrous  Franee?  when  it  shall  reach  the  ears  of 
her  monarch,  will  be  permitted  to  rest  for  a  moment  unavenged?  Can  it  be 
credited  that  the  injury  and  wrong-  which  has  been  indicted  on  a  citizen  of 
the  U.  Stales  when  it  shall  be  known  in  the  council  chambers  of  her  legis- 
lators will  repose  there  for  an  hour,  till  .the  most  ample  and  exemplary 
satisfaction  shall  be  obtained." 

We  cannot  forbear  contrasting  the  above  with  the 
language  used  in  the  present  case.  Why  does  not 
the  writer  exhort  the  injured  French  subject  and  Ame- 
rican citizen,  to  that  meekness  and  forbearance  under 
injuries,  which  he  now  urges  upon  the  Protestant 
mission?  Why  does  he  not  suppose  the  same  virtue 
is  as  necessaay  in  the  former  case  as  in  the  latter? 
Why  does  he  suppose  that  chivalrous  France  will  not 
for  a  moment  permit  the  rights  of  one  of  her  subjects 
to  be  invaded  without  speedy  vengeance  being  visited 
upon  the  aggressor;  or  why  suppose  that  the  United 
States,  when  an  alledged  aggression  upon  the  pro- 
perty of  one  of  her  citizens  shall  be  made  known  in 
her  council  chambers,  will  not  suffer  herself  to  rest 
until  exemplary  vengeance  shall  be  obtained;  and  yet 
that  forty  American  citizens,  whose  dearest  rights 
have  been  wantonly  trampled  upon,  will  be  pursuing 
an  unwise  and  ridiculous  course,  by  appealing-  to 
their  country  for  a  redress  of  their  wrongs?  Is  it  be- 
cause the  rights  of  one  French  missionary  are  more 
sacred  than  the  rights  of  foriy  American  missiona- 
ries, with  wives  and  children  dependent  on  them  for 
support?     Is  it  because  the  property   of  one  American 


(37) 

citizen  is  of  more  value  than  the  lives  of  forty  others 
and  their  families,  or  is  his  property  of  more  value 
than  that  of  the  Am.  Board,  Am.  Bible,  and  Am, 
Tract  Societies? 

Is  the   American  Protestant  missionary   the   only 
person    who  is    outlawed?   and    may    no   rights   but 
his  be  trampled  upon  without   the  hope  of  redress? 
Is  the  welfare  of  his    family  less  clear  to  him;  and 
are  those  rights  which  he  received  with  his  native 
air,  less  sacred  than  those  of  the  American- merchant, 
or  the  French  missionary?  No;  he  feels  the  welfare 
of  his  family  to  be  as  dear  to  him.  and  his  rights  as 
sacred  as  those  of  others,  nor  does  he  deem  it  more 
ridiculous   and  unwise    to  appeal  from  injustice,  or 
remonstrate  against  it.     Will  it  be  said  by  any,   that 
the  mission  or  clergy  were  not  all  intended?    If  this 
was   the  fact  why  were  not  the  guilty   singled  out? 
Who  ever  heard  of  a  judge  passing  sentence  of  death 
upon  a  body  of  criminals,  without  naming  them,  and 
then  saying  that  he  intended  to  sentence  but  a  part 
to  death?  How  would  the  executioner  know  where 
to  begin,  or  on  whom  to  inflict  the  penalty?    Not  so 
do  judges   pass   sentence,    or  the   proper   authority 
grant  reprieves.     When  Boston  and  the  surrounding- 
country  had  taken  up  arms,  in  the   early  stages  of 
the  American  revolution,  a  proclamation  was  issued 
offering  free  pardon  to  al]  who  would  lay  down  their 
arms   and    return    to   their   allegiance,    except   John 
,  Hancock  and    Saml.    Mams.     So  in  Canada  —  of  six- 
teen state  prisoners  sentenced  to  death,  thirteen  had 
their  punishment   commuted,  whilst  with    Chandler, 
Wait  and  JVPLeod,  the  law  was  left  to  take  its  course. 
Also  in  another  instance  the  royal   pardon   was  ex-^ 
tended  to  fifty-three,  whilst  Charles  Durand  was  left  to 
suffer.     But  it  is  unnecessary  to  multiply  examples  to 
prove  what  is  self-evident.  It  is  universal  practice  and 
according  to  the  dictates  of  common  sense,  to  name 
the  criminal  when  sentence  is  passed;  and  we  should 
not  have  made  these  remarks,  considering  the  con^ 
trary  position  an  absurdity,  had  we  not  heard  that 
the. assertion  has  been  made  that  all  the  missionaries 
were  not  intended  in  the,  exception  made  by  Capt. 
Laplace.     If  this  was  true,  why   were  not  the  guilty 

0 


(38) 

named;5  Where  was  the  security  of  the  innocent  and 
their  families?  There  "was  none!  No  one  who  bore 
the  name  of  missionary,  had  any  security  from  the 
dangers  of  war,  If  it  had  come. 

And  even  had  the  act  of  proscription  extended  to 
but  one  individual,  and  that  one  considered  guilty  by 
the  public,  still  it  would  have  been  most  illegal  and 
unjust  to  have  refused  him  a  hearing. 

We  cannot  but  consider  the  whole  transaction  as 
an  extraordinary  and  unjustifiable  outrage;  for  had 
the  missionaries  been  wholly  or  in  part  guilty,  justice 
demanded  that  they  should  have  been  permitted  to 
meet  their  accusers  face  to  face,  and  understand  the 
crimes  wherewith  they  were  charged. 

We  shall  now  insert  a  letter  addressed  to  Capt.  L. 
by  several  of  the  foreign  residents  of  Honolulu,  from 
the  Sandwich  Island  Mirror,  Auff.    15th.. 


To  Post  Captain  C.  Laplace, 

Commanding-  the  King  of  the  French's  Frigate  1'Ailcmise,- 
Honolulu  Roads,  Oahu. 
Sir: — We  the -undersigned  in  behalf  of  ourselves  and  fellow   cifizensr 
take  the  earliest  opportunity  alter  the  termination  .of  the  unpleasant  differ- 
ences, between  the  government  of  France  and  this  country,  to  convey  to- 
you  out  deep  feelings  of  gratitude  an,d  esteem/  for  the  considerate  and  gener- 
ous offer  of  an  asylum  for  our  persons  and   property,  in  the  event  of  your 
rinding  it  necessary   to  commence   actual  hostilities  against  this  country; 
although  by  your  firmness  and  energy,  affairs  have  been  brought  to  a  satis- 
factory settlement  without  an  actual  appeal  to  arms,  and  we  had  therefore 
so  occasion  to  avail  ourselves  of  your  friendly  offer;  we  beg  to  assure  you, 
'  that  we  equally  appreciate  and  honor  the  nobleness  which  in  the  midst  of 
the  many  complicated  considerations  and  engagements,  as  must  necessarily 
occupy  your  attention  on  the  eve  of  commencing  hostilities,   that  you  did 
not  for  a  moment  lose  sight  of  the  means  of  safety  for  our  defenceless  families 
and  ourselves,  but  offered  a  secure  refuge  on  board  your  gallant  Frigate  the 
I'Artemise,to  all -who  feared  for  their  persons  or  property,  and  vveie  not 
identified  with  the  enemies  of  France. 

We  have  great  pleasure  in  hearing  that  all  differences  are  satisfactorily 
arranged,  between  the  government  of  France  and  this  country;  as  firm 
friends  to  independence  and  liberty  of  conscience,  and  haters  of  persecution, 
we  hail  your  arrival  at  these  Islands,  as  the  most  glorious  epoch  in  their 
history  since  their  discovery."  We  are  willing  to  hope,  that  the  horrifying 
realities  of  persecution  and  torture  for  conscience  sake,  will  by  your  firm- 
ness and  justice  have  been  forever  crushed,  never  again  to.  show  its  Hydra 
head,  and  that  the  simple  and  confiding  children  of  nature  in  these  islands 
(so  long  deluded  by  designing  and  interested  counsellors)  will  see  the  neces- 
sity, of  immediately  retracing  their  steps,  and  taking  the  manly  and  nobly 
disinierested  example,  you  have  set.  them  fortheir  guide,  that   ihe   blessings 


(  39  ; 

of  freedom,  peace   and  prosperity   may   be   henceforward   the  increasing 
portion  of  these  hitherto  deluded  people. 

We  feel  much  gratifiqaton  in  bearing  our. humble  testimony  }o  the  high 
discipline  and  urbanity  exhibited  by  all  your  gaHant' officers  and  men,  when 
visiting  our  shores  through  the  whole  of  this  trying  crisis. 

We  much  regret  that  your  limited  stay  at  this  place,  obliges  us  to  make 
this  early  farewell;  we  again  tender  you  our  warmest  wishes,  for  your  safe 
-arrival  in  your  native  country,  after  so  long  an  absence,  in  good  health ;  w  e 
heg  to  assure  you  that  your  beautiful  Frigate,  the  1'Artemise,  her  gallant 
Captain,  officers  and  crew  will  always  be  remembered  here  with  feelings 
of  no  common  admiration  and  interest. 

Be  assured,  Sir,  of  the  high  consideration  and  respect  with  which 
we  subscribe  ourselves, 

Four  obliged  and  grateful  servants, 
J.  C.  Jones,  Geo.  Pelly, 

Wh.  French,  S.  Reynolds, 

J.  Meek,  C.  BkeVejb 

Honolulu,  Oahu,  37th  July,  PSSR 

We  have  but  few  remarks  to  make  upon  this  docu- 
ment.    What  particularly  arrested  our  attention,  was 
the  example  here  held  up  for  imitation.     The  history 
of  Capt.  L.'s  proceedings  will  show  what  kind  of  an 
example   this  is.     An  example,  we  think,  fit  only  for 
-despots  to  set  of  to  follow  —  an  example  indeed  of  the 
condemnation  of  a  whole  community  without  trial! 
"Blessing's    of  freedom  and  peace."   (!)  Freedom   to 
the  tyrant  to  do  what  he  likes  with  impunity!  freedom 
to  bring  the  sword,  the  fire,  and  the  spoiler  to  your 
dwellings,    without  fear  of  retribution!    From   such 
freedom  and  peace  "we  pray  to  be  delivered,  and  that 
the  world  may.     A  prevalence  of  such  examples  and 
such  freedom,  if  allowed,  would  soon  carry  terror  to 
every  bosom,  and  spread  the  pall   of  death   over  all 
-civil  liberty.     We  never  expected  to  see   such  exam- 
ples held  up  for  imitation  by  British  and   American 
freemen,  whose  ancestors,  at  so  much  labor  and  cost, 
had  secured  to  themselves  and  their  posterity,  those 
invaluable  safe-guards  to  personal  freedom  —  trial  by 
jury,  the  writ  of  habeas  corpus,   and  liberty  of  the 
press ! 

We  will  only  remark,  in  conclusion  of  this  part  of 
our  subject,  that  had  the  French  commander  seen  fit 
to  adopt  the  ulterior  measure,  we  cannot  persuade 
ourselves  that  the  American  Consul,  who  is  set  for  the 
protection  of  the  rights    and  interests  of  American 


(-10) 

•citizens,  or  even  private  American  citizens,  however 
much  they  might  differ  in  sentiment  from  the  mis- 
sionaries, could  have  allowed  them  and  their  fami- 
lies to  be  given  up  to  the  calamities  of  War  without 
first  remonstrating  against  such  an  act  of  lawless  in- 
justice; lawless  because  all  enlightened  nations  al- 
lowJthe  accused  to  meet  their  accusers  face  to  face, 
and  be  tried  for  their  lives.  Fearful  would  be  the 
precedent  of  this  summary  mode  of  condemnation 
and  execution;  and  who  could  say  that  his  turn  would 
not  next  come,  should  he  happen  to  differ  in  senti- 
inent  from  those  who,  for  the  time  being,  wielded  the 
power!  As  in  the  present  case,  the  accused  might 
first  be  informed  of  the  crimes  laid  to  their  charge, 
in  the  mandate  which  had  already  gone  forth  for  their 
execution.  But  until  we  have  some  evidence  to  the 
(contrary,  we  must  avow  our  belief  that  the  transaction 
of  which  we  complain  was  entirely  unauthorized  by 
His  Majesty  the  King  of  the  French;  or  at  least,  that 
were  a  true  statement  of  the  case  laid  before  him,  he 
would  not  give  the  least  countenance  or  sanction  to 
Such  Conduct. 

The  Sandwich  Islands  Gazette  claims  the  merit  ol 
having  aided  by  its  humble  efforts,  in  bringing  about 
the  transactions  which  have  been  the  subject  of  re- 
mark, and  whoever  peruses  its  columns  must  admit 
the  justice  of  its  claim;  for  so  far'  as  -its  publications 
have  had  any  influence  at  all,  they  have  been  well 
adapted  to  to  secure  just  such  results.  It  has  been 
the  vehicle  through  which  the  most  ungenerous  cen- 
sures have  been  heaped  upon,  and  charges  brought 
against  the  government  under  whose  protection  for- 
eigners enjoy  more  privileges  of  freedom  from  taxation, 
duties  on  goods,  and  other  immunities,  than  they 
would  do  in  any  civilized  portion  of  the  world;  and 
which  censures  would  not  be  tolerated  by  more  than 
tone  or  two  of  the  civilized  nations  of  Europe. 

(See  remarks  of  Pacificus,  in  the  Gazette  of  May 
8ft,  1837.) 

**Mr.  Ducloit,  perceiving  that  two  of  the  guns  at  the  fort  were  loaded  and 
pointed  towards  his  vessel,  with  the  slow  matches  burning,  unwilling  to  con- 
ty@fta  a-gainst  such  unequal  force,  anxious  to  ^prevent  the  eflusion  of  blood.. 


(41) 

iroemg  the  murderous  intentions  of  the  natives,  very  proper!}-  hauled  dowfi 
the  English  ensign  which  was  flying  at  mast-head."  etc. 

And  again,  an  American  in  the  Gazette  of  July  1st, 

1837. 


"Mr.  Dudoit  fearing  that  should  resistance  be  made,  (seeing  the  warlike 
preparations  of  the  natives,")  etc.    , 

Every  person  acquainted  with  the  location  of  the 
fort  and  harbor,  knows  that  it  would  be  utterly  impos- 
sible for  any  one  to  tell,  by  the  sense  of  sight,  from 
the  harbor,  whether  a  gun  placed  on  the  fort  was 
shotted  or  not. 

But  what  shall  we  say  when  Mr.  D.  so  readily 
reads  their  "murderous  intentions'?"  We  must  conclude 
that  his  perceptions  are  of  quite  a  supernatural  or- 
der, as  it  is  not  given  to  ordinary  men  to  read  the 
thoughts  and  intents  of  the  heart  —  any  farther  than 
they  develop  themselves  in  words  and  actions.  We 
shall  be  better  able  to  judge  of  the  justice  of  the 
charge  brought  against  the  government  in  the  pres- 
ent case,  when  we  are  informed  that  no  guns  were 
loaded,  no  matches  burning,  no  murderous  intentions 
entertained,  and  no  warlike  preparations  made.  As 
to  the  direction  of  the  guns,  we  cannot  doubt  its  be- 
ing correct,  for  every  one  knows  that  the  permanent 
direction  of  the  guns  on  the  west  end  of  the  fort  is 
towards  the  harbor,  consequently  some  must  have 
pointed  towards  his  vessel,  unless  they  had  been 
turned  around  and  made  to  point  inward. 

Through  its  columns  many  and  grievous  charges 
have  been  brought  against  the  missionaries,  and 
abuse  freely  heaped  upon  them.  They  have  been 
charged  with  many  if  not  all  the  imperfections  of  gov- 
ernment, and  its  abuses,  whilst  they  hazard  nothing 
in  saying,  that  they  feel  far  more  deeply  interested 
in  the  liberality,  purity  and  perfection  of  the  govern- 
ment, than  do  their  accusers  They  have  been  char- 
ged as  the  authors  of  persecution,  and  other  charges 
£00  numerous  to  be  mentioned:  We  can  only  refer 
to  a  few :— 


(42) 

"Our  Gazette  is  open  to  free  discussion,  ye!  we  see  no  attempt  to  throw 
ofFthe  stigmas  which  have  been  reflected  through  it  upon  the  conduct  of  the 
mission." 

"Who  justified  the  inhuman  banishment  and  subsequent  imprisonment,  of 
Mess.  Bachelot  and  Short?  Who  urged  the  afterwards  expulsion  of  the 
former  divine  at  a  moment  when  he  was  worn  down  with  sickness,  emacia- 
ted in  person  and  enfeebled  in  mind.  We  answer  the  missionaries;  and 
who,  it  may  be  asked,  were  the  ostensible  authors  of  that  man's  death  more 
properly  we  may  say,  murder. 

We  hesitate,  not  to  accuse  the  missionaries  of  being  the  great  first  cause 
of  all  these  persecutions;  all  these  acts  of  inhumanity;  all  these  unjustifiable 
deeds,  which  have  been  perpetrated  by  the  natives  of  these  islands,  and  we 
challenge  them,  if  they  dare  to  deny  it,  should  they  attempt  it,  we  are  ready 
to  adduce  damning  proofs  to  authenticate  what  we  have  asserted." 

(See  communication  concerning  Mr.  Concle,No.  51, 

Vol.  s.)  :'«". 

The  missionaries  of  the  London  Missionary  hocie- 
ty  at  the  South  Sea  Islands,  have  also  participated  in 
the  abuse  poured  through  the  columns  of  the  Ga- 
vette. 

"  It  has  been  used  to  bring  obloquy  upon  the  charac- 
ter of  Capt.  Jones,  by  the  following  declaration  of 
one  of  its  writers,  in  No.  40,  Vol.  3: — 

"  The  visit  of  Com.  Ap  Catesby  Jones  at  Oahu,  in  the  year  1826,  in  the 
United  St<ites  ship  Peacock,  tended  more  to  injure  the  morals  of  the  na- 
tives vf  Honolulu,  than  all  others  who  have  ever  visited  these  islands 
during  my  residence  here." 

The  Mirror,  its  successor,  brands  as  enemies  in  the 
camp,  who  need  to  be  watched,  men  who  dare  to 
•have  the  independence  to  think  and  speak  for  them- 
selves, if  their  thoughts  and  words  run  in  a  different 
channel  from  the  contributors  to  its  columns.  We 
will  not  attempt  to  enumerate  further,  but  refer  to 
the  Gazette  for  the  proof  of  our  assertion  as  toils 
contents,  and  the  justice  of  its  claims  in  being  instru- 
mental in  bringing  'about  the  perpetration  of  one  of 
the  greatest  acts  of  injustice  which  blot  the  pages  of 
modern  history.  We  do  not,  however,  covet  the  pre- 
eminence which  it  has  by  such  means  obtained,  and 
in.  which  it  glories. 

It  has  from  time  to  time  loudly  proclaimed  freedom 
o[  speech,  and   liberty  of  the  press;  and  those  who 


(  43  ) 

peruse  its  columns  will  judge  how  faithfuly  this  liberty 
has  been  used  in  the  manner  above  stated.  But  only 
reverse  the  case;  let  a  disinterested  stranger,  who 
has  no  connection  with  the  mission  or  government, 
but  who  has  the  impartiality  to  see  ana  the  independ- 
ence to  publish  the  unjust  and  partial  proceedings  of 
any  man  or  set  of  men,  which  are  true  in  the  spirit 
if  not  in  the  exact  letter  used  in  the  desription,  do 
so,  and  there  is  an  immediate  excitement.  It  is  de- 
clared by  individuals,  that  personal  and  national  in- 
sult has  been  offered,  and  immediate  satisfaction  is 
demanded.  We  refer  to  the  account  of  the  visit  of 
the  l'Artemise  by  Mr.  Jarves. 

No  foreigner  or  native,  who  knows  anything  of  the 
affair,  we  presume,  doubts  in  his  own  mind  that  what- 
ever language  may  have  been  used,  it  was  the  fear  of 
tiie  consequences  of  a  refusal  only  which  induced  the 
government  to  consent  to  the  treaty  made  with  Capt. 
Laplace,  by  which  was  granted  the  importation  of 
wine  and  brandy  nearly  duty  free,  (5  per  cent.,)  and 
the  trial  of  French  subjects  by  a  jury  chosen  only 
from  among  foreigners,  by  the.  French  Consul.  To 
the  oiher  articles  they  doubtless  willingly  and  cheer- 
fully assented. 

Is  this   then   the    freedom  of  speech  and  liberty  of 
the  press  which    is    advocated?     Freedom    to  speak 
against  and  attempt  to  blacken,  the  characters  of  mis- 
sionaries and    the   government,    whilst  the   first  time 
the  truth  is  held  up  by  a  disinterested-  and    impartial 
person,  if  it  reflects  hishonor  upon  any  course  of  con- 
duct, individual  or  official,   immediate  satisfaction  is 
demanded  therefor.     Are  the  Protestant  missionaries 
the  only  persons  whose  characters  may  be  aspersed, 
and  the   Sandwich  Islands  government  the  only  gov- 
ernnment   whose  measures  may  be  assailed  with  im- 
punity?    We   leave   the  public  to  judge  whether  the 
statement  of  Mr.  Jarves,  in  relation  to  the  manner  in 
which  the  late  French  commercial  treaty  was  obtained, 
or  the  statement  of  Mr.  Dudoit  in  relation  to  the  in- 
tended hostility  of  the  S.  I.  government  towards  an 
unarmed  vessel  and  crew,  reflect  the  greatest  dishon- 
or upon  the  parties  concerned. 


(44) 

We  shall  now  make  some,  further  extracts  from  the 
Gazette. 

"It  is  a  fact  that  the  members  of  Catholic  faith  are  now  permitted  to 
enjoy  in  these  islands  all  the  privileges  granted  to  Protestants.  It  is  a  fact 
thvt  this  toleration  is  granted  in  opposition  to  every  advice  given  by  the 
Protestant  missionaries,  and  despite  of  all  their  influence,  all  their  power, 
all  their  prayers,  and  all  their  anathemas.  It  has  been  obtained  through  the 
intercession  of  a  powerful  potentate,  and  will  be  secured  by  the  strong  arm 
of  the  same  monarch." 

We  should  not  have  noticed  this  clause  had  it  not 
been  for  the  statement  in  the  latter  part.  The  views 
of  the  mission  upon  the  subject  of  toleration  have 
been  definitely  stated;  and  these  aspersions  are  only 
a  counterpart  of  all  the  rest,  and  worthy  the  source 
whence  they  eminated.  In  relation  to  the  last  clause, 
we  have  already  stated  that  the  king  gave  orders 
that  all  punishment  for  Catholicworshipshould  cease, 
(22  days  before  the  arrival  of  PArtemise.)  Whatever 
may  have  influenced  him  to  relax  his  measures  it  cer- 
tainly was  not  the  l'Artemise,  as  we  are  informed  in 
the  Gazette.  In  commenting^on  the  treaty  the  Ga- 
zette says:— 

"The  sixth  article  prevents  the  prohibition  of  the  import  into  this  country 
of  French  produce,  in  particular  wines  and  brandy.  The  introduction  again 
into  these  isles  of  the  latter  article  seems  to  have  alarmed  the  advocates  of 
tetotaltsm  who  have  already  began  to  predict  utter  ruin  to  this  nation.  We 
advise  them  however  to  keep  cool  themselves  by  taking  more  copious  draughts 
of  their  own  favorite  beverage,  and  if  they  wish  to  reclaim  the  drunkard 
or  to  stay  the  improper  use  of  the  ardents,  let  them  do  it  by  moral  persua- 
sion and  not  by  misapplied  force. 

Captain  Laplace  was  perfectly  justifiable  in  insisting  that  the  wines  and 
brandies  of  France  should  not  be  prohibited;  those  constitute  the  principal 
articles  of  French  produce,  and  the  interest  of  that  country  requires  that 
every  country  should  be  open  to  receive  them.  Let  the  United  States  for 
instance  prevent  the  importation  of  French  brandy,  and  what  would  be  the 
consequence. 

A  retaliation  on  the  part  of  France  by  excluding  the  cotton,  the  rice,  the 
tobacco  of  America,  perhaps  a  non-intercourse  botween  the  two  countries 
and  possibly  the  cause  of  war." 

We  agree  with  the  Gazette  that  the  treaty  was  in- 
sisted on,  but  we  would  ask  what  right  Capt.  Laplace 
had  to  insist  that  a  sovereign  and  independent  nation 
should  enter  into  a  treaty,  the   terms  of  which"  were 


(45) 

decidedly  against  its  interests  as  it  supposed  and  to 
which  it  was  evidently  unwilling  to  subscribe. 

We  are  told  that  he  did  right  because  it  was  for  the 
interests  of  France.  But  had  the  Sandwich  Islands 
no  interests  to  consult  in  the  matter?  Or  does  it  be- 
come the  duty  of  all  nations  to  consult  French  inter- 
ests however  destructive  it  may  be  to  their  own,  and 
is  France  the  only  nation  that  has  a  right  to  consult 
her  own  interests?  Or  does  this  principle  of  duty  and 
right  apply  only  to  those  nations  which  are  not  able 
to  cope  with  France?  hence  are  obliged  to  submit  to 
any  terms  she  may  please  to  impose.  If  the  govern- 
ment consented  to  the  above  articles  of  its  own  free 
will,  where  was  the  necessity  of  insisting  upon  it.  The 
fact  that  it  had  just  enacted  a  law  prohibiting  the  im- 
portation of  spirits  and  levying  a  duty  on  wine  is  suf- 
ficient to  show  that  it  did  not  do  it  freely. 

But  we  will  see  what  are  the  rights  of  nations  re- 
specting commerce,  according  to  the  theory  of  inter- 
national law.     Says  a  writer: — 

"As  long  as  there  is  no  treaty  existing  every  state  retains  its  natural 
rights  to  lay  on  such  commerce  whatever  restriction  it  pleases. 

A  nation  is  then,  fully  authorized,  first,  to  prohibit  the  entry  or  export- 
ation of  certain  merchandises.  Second,  to  institute  customs  and  augment 
them  at  pleasure.  Third,  to  prescribe  the  manner  in  which  commerce  with- 
in its  dominions  shall  be  carried  on.  Fourth,  to  point  out  the  places  where 
it  shall  be  carried  on,  or  to  exempt  it  from  certain  parts  of  its  dominions. 
Fifth,  to  exercise  freely  its  sovereign  power  over  the  foreigners  living  in  its 
territories.  Sixth,  to  make  whatever  distinctions  between  the  nations 
with  whom  it  trades,  it  may  find  conducive  to  its  interests." — Ency.  Vol. 
U3  p.  761. 

It  might  be  very  convenient  for  the  U.  States  to 
possess  Central  America,  if  a  ship  canal,  or  rail  road 
could  be  constructed  from  the  Atlantic  to  the  Pacific, 
as  her  commerce  in  the  Pacific  is  very  valuable,  and 
for  every  vessel  engaged  in  it  would  save  two  long 
and  perilous  voyages  around  the  Cape;  but  should 
she  insist  very  hard  upen  a  cession  of  the  territory, 
because  it  was  for  her  interests  whilst  the  existing 
government  was  unwilling  to  grant  it,  we  doubt  not 
both  Great  Britain  and  France  would  have  something 
to  say  as  to  the  right,  and  justly  too.  To  insist  then 
upon  a  nation's   accedinsr  to  the   terms  of  a   treaty 

7 


(46) 

against  its  own  free  and  voluntary  will,  or  to  urge  it 
iri  any  way,  so  as  to  render  the  fear  of  worse  conse- 
quences from  a  refusal  the  prevailing  motive  of  ac- 
cession, unless  it  be  done  as  a  just  punishment  for 
crime,  is  an  aggression  upon  the  natural  rights  of  a 
nation,  and  a  violation  of  international  law.  The 
same  writer  says: — 

"For  a  covenant  to  be  obligatory  five  things  are  necessarily  supposed. 
First,  that  the  parties  have  power  to  consent.  Second,  that  they  have  con- 
sented. Third,  that  they  have  consented  freely.  Fourth,  that  the  consent 
be  mutual,  and  Fifth,  that  the  execution  be  possible. 

Upon  the  third  head  he  remarks:— 

"The  consent  must  have  been  a  voluntary  act  of  each  contracting  party. 
What  has  been  extorted  by  physical  necessity  is  not  obligatory,  because 
the  party  has  not  consented.  What  has  been  extorted  by  moral  necessity, 
that  is  by  the  fear  of  a  greater  evil,  is  obligatory,  if  the  violence  employed 
by  the  other  party  was  just;  but  if  it  was  unjust,  the  obligation  ceases 
through  default  of  title  in  him  who  wants  to  acquire  the  right. 

However,  the  liberty,  security,  and  independence  of  nations  could  not 
subsist,  if  in  default  of  a  superior  judge,  and  in  default  of  a  right  to  judge  in 
their  own  cause,  they  did  not  acknowledge  as  just  (with  respect  to  external 
effects)  all  violence  employed  by  each  other.  Therefore  the  plea  of  fear 
cannot  be  opposed  to  the  validity  of  treaties  between  nation  and  nation 
except  at  most  in  cases  where  the  injustice  of  the  violence  employed  is  so 
manifest  as  not  to  leave  the  least  doubt." 

With  these  quotations  and  remarks  we  leave  the 
public  to  judge  whether  Capt.  Laplace  was  right  in 
insisting  upon  "a  measure  which  it  was  the  settled  con- 
victions of  this  government  would  be  injurious  to  its 
best  interests,  merely  because  it  might,  or  probably 
would,  be  beneficial  to  France. 

It  must  be  remembered  that  the  terms  of  the  treaty 
could  not  be  insisted  upon  as  any  part  of  the  punish- 
ment for  the  alledged  aggressions,  for  the  full  penalty 
for  these  had  been  paid, — "perpetual"  "peace,]'  de- 
clared and  the  government  treated  with,  as  an  inde- 
pendent nation  on  terms  of  amity  with  France.  To 
the  remarks  in  relation  to  the  United  States  I  have 
only  to  say  that  every  intelligent  man  well  knows 
that  in  her  negotiations  with  foreign  powers,  she 
had  always  sought  her  own  interests,  whether  this 
has  been  done  by  prohibitions,  by    tarif,  or  allowing 


(47) 

the  importation  of  merchandise  dutyfree,  it  lias  been 
her  object,  and  she  feels  that  she  has  the  right  to  adopt 
either  course,  or  all,  and  this  is  true  of  every  civilized 
nation.  In  many  instances  her  own  interests  would 
doubtless,  be  best  advanced  by  consulting  the  interests 
of  others,  as  reciprocity  in  commence  is  promotive  of 
the  general  interests  of  all  nations. 

Our  principal  quotations  in  the  foregoing  remarks 
from  the  Gazette  are  from  the  last  No.  of  the  third 
volume,  and  we  do  not  know  that  previously  any  mis- 
sionary has  noticed  its  aspersions  for  reasons  before 
named;  and  with  one  more  quotation  from  the  edi- 
tors farewell  address  we  shall  bid  it  adieu. 

"The  majority  of  those  around  us  we  believe  tacitly  approve  of  our  exer- 
tions to  expose  error,  but  dare  not  openly  avow  it,  we  are  all  of  us  more  or 
less  the  slaves  to  popularity,' and  those  who  have  the  boldness  to  step  for- 
ward in  defence  of  the  rights  of  man,  we  think  are  entitled  at  least  to  the 
thanks  of  community,  and  will  no  doubt  eventually  receive  the  benediction 
of  all  but  priest-ridden  dupes  and  fanatics.'" 

In  conclusion  of  these  remarks,  which  have  been 
protracted  to  a  much  greater  length  than  we  intended, 
we  will  say  that  all  the  representations  of  the  trans- 
actions which  have  gone  to  the  French  government 
and  in  which  they  deem  themselves  aggrieved  have 
been  exparte,  and  if  the  Sandwich  Island  Gazette  is 
any  criterion  by  which  to  judge  of  the  character  of 
those  representations,  we  do  not  wonder  that  they 
deem  themselves  insulted,  nor  in  this  light  can  we 
think  the  penalty  inflicted  a  severe  one.  But  had 
they  received  a  fair  and  impartial  account  of  all  the 
transactions,  in  the  case,  we  apprehend  the  results 
would  have  been  very  different.  In  such  case  had 
we  received  visits  from  their  men-of-war,  it  would  on- 
ly have  been  upon  embassies  of  peace. 

The  quotations  in  the  preceding  remarks  from  Vat- 
tell,  are  from  the  Philadelphia  edition,  1829.  —  The 
writer  is  alone  responsible  for  this  article.  Fie  felt 
that  the  cause  of  truth  and  justice  demanded  that 
something  should  be  said  upon  the  foregoing  subjects, 
at  the  present  time.  This  must  be  his  excuse  for  ap- 
pearing before  the  public. 


CORRESPONDENCE. 


On  the  9th  of  October  the  United  States  East  In- 
dia Squadron,  consisting  of  the  Frigate  Columbia, 
Commodore  Read,  commanding  the  squadron,  and 
the  Sloop  of  war  John  Adams,  Captain  Wyman,  ar- 
rived at  Honolulu  from  Macao,  and  sailed  again  for 
the  United  States  on  the  4th  of  November. 

During  the  stay  of  the  Squadron,  the  following 
correspondence  took  place: — 


No.     1. 

The  Missionaries  at  Honolulu  to  Commodore  Read. 

Honolulu,  October  16, 1839. 
Sir: — Presuming  that  you  are  already  aware  of  an  attempt  to  deprive 
us  of  our  rights  as  American  citizens,  and  to  make  us  liable  to  the  ravages 
of  war  upon  the  nation  for  its  alledged  offences,  as  tho'  we  were  a  part  oi 
the  native  population  of  the  Sandwich  Islands;  and  considering  ourselves  as 
having  been  virtually  proscribed  as  the  enemies  of  France  by  the  command- 
ing officer  of  the  French  Frigate  PArtemise  lately  at  this  port,  and  charged 
with  crimes  in  a  manner  likely  to  prejudice  the  public  mind  against  us,  both 
as  citizens,  and  as  the  representatives  of  an  intelligent,  respectable  and  phi- 
lanthropic chartered  Society  in  the  United  States  —  the  American  Board  of 
Commissioners  for  Foreign  Missions  — we  owe  it  to  ourselves  as  citizens,  to 
the  community  we  represent,  and  to  the  government  whose  protection  we 
claim,  that  we  avail  ourselves  of  the  earliest  opportunity  to  ask  an  inves- 
tigation of  the  question,  whether  by  any  act  or  acts  of  ours,  or  by  our  in- 
structions, or  influence,  or  general  course  of  life,  since  the  visit  of  Capt. 
Jones,  in  the  U.  S.  Sloop  of  war  Peacock  to  these  shores,  we  have  lost  our 
American  citizenship,  or  forfeited  the  protection  of  the  United  States. 

Taking  it  for  granted,  frcm  your  high  station  and  the  objects  of  your  pur- 
suits, that  the  interests  of  no  class  of  American  citizens  whom  you  may  meet 
in  your  course,  if  in  any  way  exposed  to  suffer  unjustly,  can  be  willingly 
overlooked  by  you,  we  solicit  your  kind  attention  to  this  subject,  and  request 
that  you  will  do  us  the  favor  to  examine  the  above  questions  yourself,  and, 
should  you  prefer  it,  associate  with  you  a  number  of  your  commissioned  of- 


(50) 

ficers,  or  if  that  should  seem  to  you  objectionable,  you  will  consent  to  ap- 
point from  your  Squadron  a  committee  or  court  of  inquiry,  consiting  of 
Captain  VVyman  and  as  large  a  number  of  commissioned  officers  as  can  pos- 
sibly be  spared  for  that  purpose. 

While  we  maintain  that  we  are  not  the  authors  or  dictators  of  any  of 
the  penal  laws  of  this  country,  or  of  the  punishments  inflicted  on  offenders; 
that  we  have  not  held  and  do  not  hold  any  civil  office  under  this  government, 
we  are  willing  to  submit  the  question  whether  the  mission  as  a  body,  or  as 
individuals,  are  in  any  way  the  authors  or  the  blamable  cause  of  the  perse- 
cutions which  have  at  different  times  e.Nisted  here. 

Wc  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servants, 
H.Bingham,  G.  P.  Jtjdd, 

Lowell  Smith,  A.  S.  Cooke, 

Levi  Chamberlain,  H.  O.  Knapp, 

Edwin  Locke,  H.  Dimond. 

To  Geo.  C.  Read,  Esq.,  Commanding 
the  U.  S.  East  India  Squadron,  Hono- 
lulu Roads,  Sandwich  Islands. 


No.    2. 

The  Missionaries  to  Commodore  Read. 

Honolulu,  October  24th,  1339. 

Sir:—  On  the  16th  instant  we  had  the  honor  of  addressing  to  you  a  com- 
munication, in  which  we  respectfully  solicited  an  investigation  of  our  con- 
duct in  reference  to  the  charges  against  us  contained  in  the  Manifesto  ad- 
dressed to  the  Sandwich  Island  government  by  the  commanding  officer  of 
the  French  Frigate  l'Artemise. 

Our  object  in  presenting  this  petition  was  to  obtain,  if  possible,  a  decision  of 
the  question  whether  we  have  lost  our  American  citizenship  or  forfeited 
the  protection  of  the  United  States,  as  implied  in  the  Manifesto  above  refer- 
edto;  or  whether  we  have  aright  as  peaceable  citizens  of  the  United  States, 
to  claim  protection  against  hostilities  from  any  foreign  power  with  which 
our  country  is  on  terms  of  amity,  should  any  such  hereafter  wage  war  upon 
this  nation. 

The  investigation  of  this  subject  and  decision  of  the  question,  we  still  deem 
of  great  importance,  and  we  would  earnestly  renew  our  request  for  an  inves- 
tigation; nay,  we  beg  leave  respectfully  to  claim  it  as  injured  Americans; 
that  the  proceedings  may  be  forwarded  to  our  government  and  to  the  Ameri- 
can Board  of  Commissioners  for  Foreign  Missions. 

Should  you  already  have  made  arrangements  to  sail  soon,  we  would  ask 
the  indulgence  of  having  the  stay  of  the  squadron  prolonged  for  a  few  days 
on  the  ground  of,  and  the  reasons  for  our  appeal ;  unless  you  are  already 
prepared  to  assure  the  United  States  government  that  we  are  unjustly  ac- 
cused, and  have  been  unjustly  proscribed  as  the  enemies  of  France. 

For  ourselves  we  know  not  what  is  the  testimony  on  which  we  have  been 
proscribed ;  nor  can  we  for  a  moment  believe  there  is  any  which  is  valid. 
Should  it  be  evident  to  your  mind  that  there  is  none,  you  will  do  us  the  fa- 


(51) 

vor  to  inform  us  in  reply  to  our  communications:  and  if  there  is  any  ground 
for  the  charges  brought  against,  us,  which  can  be  regarded  as  valid;  you  will 
not  fail  to  perceive  that  our  duty  to  ourselves  and  to  the  society  which  we 
represent  requires  that  we  should  urge  this  subject  upon  your  attention  that 
it  may  receive  a  thorough  investigation,  while  the  squadron  still  remains  at 
this  port. 

We  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servants, 
H.  Bingham,  G.  P.  Judd, 

Levi  Chamberlain,  H.  O.  Knapp, 

A.  Bishop,  A.  S.  Cooke, 

S.  N.  Castle,  L.  Smith. 

To  Geo.  C.  Read,  Esq.,  Commanding 
the  U.  S.  East  India  Squadron,  Hono- 
lulu Roads,  Sandwich  Islands. 

No.    3. 

The  Missionaries  to  the  United  States  Consul. 

Honolulu,  Oct  25,  1839. 
Sir: — We  have  addressed  to  G.  C.  Read  Esq.,  commanding  the  U.  S. 
squadron  now  lying  in  this  port  two  communications  under  date  of  the  16th, 
and  24th  inst,  copies  of  which  we  hand  you  enclosed  for  your  information, 
requesting  that  a  court  of  inquiry  may  be  appointed  from  officers  of  the  squad- 
ron to  investigate -our  conduct  and  ascertain  whether  we  have  in  any  way 
violated  our  neutrality  towards  the  French  nation  as  American  citizens,  and 
may  properly  be  treated  as  the  enemies  of  the  French;  and  we  have  to  request 
that  you  would  use  your  influence  to  forward  our  suit  in  your  official  capaci- 
ty, as  we  feel  that,  as  American  citizens,  we  have  a  right  to  demand  at  the 
hands  of  our  country  that  justice  which  her  humblest  sons  may  claim. 

When  we  reflect  that  a  Frigate  was  sent  to  investigate  and  redress  the 
wrongs  inflicted  on  American  citizens  by  the  Malays  in  the  island  of  Suma- 
tra, we  feel  that  the  recent  proscription  entitles  us  to  the  privilege  of  asking 
the  detention  of  the  squadron,  while  a  full  and  impartial  investigation  may  take 
place ;  that  our  government  may  be  furnished  with  all  the  facts  and  requisite 
information  in  relation  to  the  proceedings.  We  feel  solemnly  bound  to  urge 
our  request  for  an  investigation,  not  only  on  our  own  account,  but  for  the 
general  benefit  of  our  countrymen,  of  whatever  calling  they  may  be;  for,  if 
the  principle  be  established  by  precedent  or  otherwise,  that  our  proscription 
by  the  French  commander  was  legal  and  just,  then  all  security  for  our  lives 
and  the  lives  of  our  families,  our  property  and  the  commercial  interests 
of  our  country,  is  at  an  end. 

We  remain,  very  respectfully,  Your  Obt.  Servts. 
H.  Bingham,  S.  N.  Castle, 

Gerrit  P.  Judd,  H.  Dimond, 

Levi  Chamberlain,  H.  O.  Knapp, 

A,  S.  Cooke,  Lowell  Smith. 

To  P.  A.  Brinsmade,  Esq., 
United  States  Consul; 
Honolulu,  Sandwich  Islands. 


(52) 


No    4. 

The  United  States  Consul  to  the  King. 

United  States  Consulate,  ) 

Sandwich  Islands,  Oct,  26,  1839.  5 
Sir  : — As  the  opinion  seems  to  be  to  some  extent  entertained  that  American 
"citizens  residing  in  the  Sandwich  Islands  as  missionaries  under  the  patronage 
of  an  Incorporated  Institution  of  the  United  States,  have  exerted  acontroling 
influence  upon  the  framers  of  the  laws  of  this  country,  I  have  very  respect- 
fully to  inquire,  if  they  have  ever  had  any  voice  in  the  passage  of  laws  affect- 
ing the  interests  of  other  foreigners,  and  particularly  whether  they  have  ever 
had  any  thing  to  do  in  the  measures  adopted  by  your  government  for  the 
prevention  of  the  introduction  of  the  Catholic  religion  into  the  country.  And 
whether  in  the  treatment  which  has  been  shown  to  any  subject  of  the  govern- 
ment of  France,  they  have  directly  or  indirectly  recommended  the  course  pur. 
sued  by  your  government,  and  also  whether  in  the  attempts  made  under  your 
authority  to  suppress  the  public  exercise  of  the' Roman  Catholic  religion  on 
the  part  of  your  own  subjects  they  have  countenanced  those  attempts.  If 
they  have  in  any  of  these  respects  controled  the  action  of  your  government, 
will  you  be  pleased  to  infrom  me  very  explicitly  in  what  manner  and  to 
what  extent.    An  early  reply  will  be  a  favor. 

With  the  highest  considerations, 
I  have  the  honor  to  be, 

Your  Majesty's  most  obt.  servt., 
P.  A.  BRINSMADE, 
United  States  Consul. 
To  His  Majesty,  Kamehameha  III., 
King  of  the  Sandwich  Islands. 


No.    5. 

The  King  to  the  United  States  Consul. 

TRANSLATION, 


Kauwila  House,  present  Residence  of  the  ? 
King  of  Hawaii,  Oct.  28,  1839.  5 

My  Respects  to  you 

the  American  Consul, 

I  have  received  your  letter  asking  questions  respecting  the  American  mis- 
sionaries, supposed  by  some  to  regulate  the  acts  of  my  government  under 
me;  I,  together  with  the  chiefs  under  me,  now  clearly  declare  to  you,  that 
we  do  not  see  any  thing  in  which  your  questions  are  applicable  to  the  Ameri- 
can missionaries.  From  the  time  the  missionaries  first  arrived,  they  have 
asked  liberty  to  dwell  in  these  Islands.  Communicating  instruction  in  letters, 
and  delivering  the  word  of  God  has  been  their  business. 

They  were  hesitatingly  permitted  to  remain  by  the  chiefs  of  that  time,  be- 
cause they  were  said  to  be  about  to  take  away  the  country.    We  exercised 


(53) 

forbearance  however,  and  protected  all  the  missionaries,  and  as  they  fre- 
quently arrived  in  this  country,  we  permitted  them  to  remain  in  thi3  kingdom 
because  they  asked  it,  and  when  we  saw  the  excellence  of  their  labors,  then 
some  of  the  chiefs  and  people  turned  to  them  in  order  to  be  instructed  in 
letters,  for  those  things  were  in  our  opinion  really  true. 

When  the  Priests  of  the  Romish  religion  landed  at  these  Islands,  they  did 
not  first  make  known  to  us  their  desire  to  dwell  on  the  islands,  and  also 
their  business.  There  was  not  a  clear  understanding  with  this  company  of 
priests  as  there  was  with  that;  because  they  landed  in  the  country  secretly 
without  Kaahum  urn's  hearing  any  thing  about  their  remaining  here. 

When  the  number  of  the  followers  of  the  Romish  religion  became  consi- 
derable, certain  Captains  of  wlnleships  told  Kaahumanu  of  the  evil  of  this 
way,  and  thus  Captain  D  .  .  .  informed  me  of  a  great  destruction  in  Bri- 
tain in  ancient  time,  and  that  his  ancestors  died  in  that  slaughter,  and  he 
thought  a  like  work  would  soon  be  done  here.  That  was  the  company  who 
informed  us  ofthe  evil  of  the  Romish  religion,  and  also  a  certain  French 
man  of  war,  and  a  certain  British  man  of  war  approved  of  what  we  did. 

In  as  much  as  I  do  not  know  ofthe  American  missionaries  having  had  any 
thing  to  do  in  my  business  with  my  chiefs,  I  have  therefore  inquired  of  them 
the  chiefs,  and  they  say.  no,  in  the  same  manner  as  I  now  say,  no,  to  you. 

Some  of  them  however  have  told  me  of  having  known  certain  things  done 
by  certain  missionaries,  viz.,  what  Mr.  Bingham  said  to  Kaahumanu,  "I 
have  seen  some  people  made  to  serve  at  hard  labor  on  account  of  their 
having  worshiped  according  to  the  Romish  religion.  Whose  thought  is 
that?"  Kaahumanu  said  to  him,  "Mine."  Then  he  that  spake  to  her  ob- 
jected quickly,  saying,  "It  is  not  proper  for  you  to  do  thus,  for  you  have  no 
law  that  will  apply."  When  he  said  that,  then  Kaahumanu  immediately 
replied  to  him  with  great  strength,  "The  law  respecting  Idolatry ;  for  their 
worship  is  like  that  which  we  have  forsaken."  Mr.  Clark  also,  and 
Mr.  Chamberlain  spoke  to  Kinau  while  Kaahumanu  was  yet  alive,  and  ob- 
jected to  said  conduct,  and  afterwards  Dr.  Judd.  And  at  a  certain  time  Mr. 
Bingham  and  Mr.  Bishop  disputed  strongly  with  Kinau  on  account  of  the 
wrong  of  punishing  those  ofthe  Romish  religion. 

And  now  in  Kekauluohi's  time  Mr.  Richards  disputed  strongly  with  Ke- 
kuanaoa,  urging  the  entire  abolition  of  that  thing,  and  that  kindness  should 
be  bestowed  on  them,  that  they  might  be  pleased,  giving  them  also  an  in- 
structor to  teach  them  the  right  way ;  and  thus  also  he  said  to  Kekauluohi 
and  to  me. 

And  afterwards  when  Mr.  Bingham  heard  by  Mr.  Hooper  that  certain  wo- 
men we're  confined  in  irons  at  the  fort  he  went  immediately  and  made  known 
to  Kekuanaoa  the  wickedness  of  their  confinement  for  that  thing,  and  when 
Kekuanaoa  heard  it,  he  immediately  sent  a  man,  and  afterwards  went  him- 
self to  the  fort  to  set  the  prisoners  free,  for  their  confinement  was  not  by 
order  ofthe  chiefs. 

Should  it  be  said  by  accusers  that  the  American  missionaries  are  the  authors, 
of  one  law  of  the  kingdom,  the  law  respecting  the  sale  of  rum,  or  if  not,  that 
they  have  urged  it  strongly,  I  would  say,  a  number  of  Captains  of  v.  halo 
ships  commenced  that  thing,  thousands  of  my  own  people  supported  them, 
and  when  my  chiefs  sa%v  that  it  was  a  good  thing,  they  requested  me  to  do 
according  to  the  petition  of  that  company,  and  when  I  saw  that  it  was  real" 
ly  an  excellent  thing,  then  I  chose  that  as  a  rule  of  my  kingdom. 

8 


(*« 

Sift  that  thing  which  you  speak  to  me  of,  that  tliey  act  with  usr  o-r  ©v  er- 
sule  our  acts,  we  deny  it,  it  is  not  so. 

We  think  that  perhaps  these  are  their  real  crimes : 

Their  teaching  us  knowledge.  Their  living  with  us,  and  sometimes  trans- 
lating between  us  and  foreigners.  Their  not  taking  the  sword  into  their  hand 
and  saying  to  us  with  power,  stop,  punish  not  the  worshipers  in  the  Romish 
religion. 

But,  to  stand  at  variance  with,  and  to  confine  that  company,  they  have 
never  spoken  like,  that  since  the  time  of  Kaahumanu  I.  down  to  the  time  that 
the  Romish  priest  was  confined  on  board  the  Europa. 

I  think,  perhaps  these  things  are  not  clear  to  you;  it  would  perhaps  be 
proper,  therefore,  that  the  American  missionaries  should  be  examined  be- 
fore you  and  Commodore  Read,  and  us  also. 

Thus  I  have  written  you  with  Respect  ^ 
(Signed)  KAxUEHAMEHA  1IL 


No    6. 

-  Commodore  Read  to  the  Missionaries, 

U.  States  Frigate  Columbia,     \ 
Honolulu  Roads,  Oahu,  October  28th,  1839.  > 

Gentlemen:— The  receipt  of  your  letters  of  the  16th  and  24th  instant, 
fe  hereby  acknowledged.  An  answer  would  have  been  returned  at  an  earli- 
er date  had  not  numerous  engagements  and  pressing  business  prevented, 

I  am  deeply  grieved  to  learn  that  on  the  late  visit  of  the  French  Frigate 
I'Artemise  the  protection  which  was  offered  to  all  other  American  residents 
at  this  place,  was  refused  to  you  on  the  ground  of  your  being  "enemies  of 
France,"  and  that  you  were  considered  by  her  commander  as  having  iden- 
tified yourselves  with  the  native  population,  and  therefore  liable  to  the 
ravages  of  a  war  which  he  contemplated  making  upon  the  government  of 
these  islands. 

I  am  also  aware  that  you  are  what  you  announce  yourselves  to  be,  "the 
representatives  of  an  intelligentT  respectable  and  philanthropic  chartered 
society  hi  the  United  States,"  and  that  as  such,  and  individually  as  citizens 
of  the  United  States,  you  are  entitled  to  my  protection.  But  the  acts  of 
which  you  complain  are  of  a  date  which  has  enabled  you  to  make  a  repre- 
sentation of  them  to  your  government,  and  I  am  not  of  opinion  that  an  in- 
vestigation such  as  that  you  ask  for  could  at  this  time  be  effected  in  a  satis- 
factory manner  to  yourselves  or  to  others  who  might  desire  it. 

In  the  first  place,  the  time  I  have  prescribed  for  remaining  here,  does  not 
admit  of  my  undertaking  such  an  inquiry.  The  risk  attending  my  lying 
in  these  Roads  beyond  the  last  of  the  present  month ;  the  impossibility  too 
of  obtaining  bread,  of  which  we  shall  be  in  want  before  we  can  reach  South 
American ;  and  the  circumstance- that  nearly  all  the  officers  who  would  be 
required  to  constitute  such  a  Board,  or  Court  as  that  you  propose,  being  at 
present  employed  on  court-martial  duty,  are  further  and  serious  obstacles 
in  the  way  of  my  yielding  to  your  wishes. 

If  time  and  other  circumstances  would  permit,  a  Board  or  Court  might 
be  appointed,  but  the  power  to  summon  witnesses  would  be  wanting,  and 
a  refusal  to  attend  would  place  me  in  an  awkward  position. 


(55) 

Moreover,  I  think  that  in  the  present  state  of -excitement  such  a  course 
would  be  more  likely  to  increase  than  to  allay  it;  and  that  though  you 
might  satisfy  your  friends  at  home  of  the  charges  heing  unfounded,  you 
might  not  be  able  to  accomplish  that  object  here.  That  you  have  acted,  or 
meant  to  act  by  any  advice  0:  by  any  opinions  you  may  have  given  to  the 
government  as  the  "enemies  of  France,"  I  cannot,  believe.  It  cannot  be 
supposed  by  me  that  you  entertain  hostility  towards  a  nation  with  which 
we  are  at  peace,  and  towards  the  subjects  of  which  it  is  the  desire  of  our 
government  and  people  to  cherish  a  friendship. 

This  charge  has  no  doubt  grown  out  of  the  banishment  "by  the  government 
of  these  islands,  of  some  Roman  Catholic  Priests,  and  the  prosecution  of  soni6 
of  the  native  proselytes  to  the  Roman  Catholic  religion,  measures,  of  which 
you  have  been  considered  the  advisers.  No  proof,  however,  has  been  receiv- 
ed by  me  that  you  were  the  authors  of  these  acts,  and  from  information 
received  I  have  every  reason  to  believe  that  the  landing  on  these  Islands  of 
clergymen  of  the  Roman  catholic  faith  was  opposed  by  others  than  those 
of  the  American  mission,  or  of  the  country  from  which  the  mission  comes, 
from  a  conscientious  belief  that  it  would  promote  the  happiness  of  the 
people  to  have  but  one  religious  creed  taught  them. 

But  admitting  that  you  did  exercise  the  influence  which  your  situation  gave 
you  to  prevent  other  religious  denominations  coming  here,  you  did  no  more 
than  counsel,  as  is  natural  to  man  in  such  cases. 

Some  of  you  were  the  first  missionaries  who  came  hither  to  teach  the 
gospel  of  the  Old  and  New  Testament.  You  obtained  a  favorable  reception 
and  succeeded  in  the  accomplishment  of  your  object  beyond  expectation, 
having  in  a  few  years  converted  to  the  faith  you  preached  a  greater  propor- 
tion of  the  inhabitants  than  has  been  effected  in  any  other  quarter  of  the 
•globe  in  the  same  time. 

In  a  population  of  only  100,080  human  beings,  at  which  the  inhabitants  of 
this  archipelago  is  estimated,  it  was  thought  that  much  mischief  might  grow 
out  of  a  general  permission  to  the  clergy  of  all  denominations  to  teach  their 
peculiar  tenets.  On  this  ground,  as  I  learn,  the  introduction  of  the  Roman 
Catholic  religion  into  these  islands  was  opposed,  and  not  because  they  hap- 
pened to  be  natives  of  France  who  came  to  these  shores  for  the  same 
purpose. 

If  you  ask  me  what  steps  you  are  to  take  to  prove  your  innocence  °* 
what  you  are  pleased  to  call  charges,  and  do  away  if  possible  with  the 
prejudice  which  may  exist  at  Honolulu,  my  answer  is,  that  you  have  alrea- 
dy informed  your  government  of  all  the  circumstances  of  the  case,  and 
that,  if  our  rulers  deem  an  inquiry  necessary  they  will  no  doubt  direct  it 
to  be  made. 

In  the  mean  time,  I  would  recommend  the  utmost  forbearance  as  the 
best  and  only  mode  of  disarming  your  opponents  of  any  resentments  they 
may  feel. 

I  shall  make  it  my  business  to  represent  to  the  commander  of  the  Pacific 
•Squadron  the  peculiar  situation  in  which  you  have  been  placed,  and  request 
that  he  may  send  a  vessel  of  war  to  visit  you  from  time  to  time.  I  shall 
also  make  known  your  apprehensions  to  my  government,  and  I  doubt  not 
ihat  every  protection  will  be  afforded  you. 


(56) 

Accept  my  best  wishes  for  your  future  peare  and  happiness  and  believe 
me,  gentlemen, 

With  much  respect,  your  obedient  servant, 

GEO.  C.  READ, 
Commanding  the  U,  States  East  India  Squadron. 

To  Rev.  Messrs,  H.  Bingham, 
"        "  L:  Snuth, 

A.  Bishop, 
"  L.  Chamberlain, 

G.  P.  Judd, 
H.  O.  Knapp, 
A.  S.  Cooke, 
*'  Edwin  Locke, 

H.  Dimond, 
S.  N.  Castle. 

No.    T. 

The   United  States  Consul  to  Commodore  Read. 

U.  States  Consulate,  } 

Sandwich  Islands,  Oct.  29,  1839.  $ 
Sir: — I  have  before  me  a  communication  from  several  individuals  of  the 
American  mission  at  these  islands,  requesting  of  me  any  aid  I  can  furnish 
you  towards  an  investigation  of  the  charges  in  which  they  were  involved  in 
the  recent  correspondence  between  an  officer  of  the  French  navy  and  the 
authorities  of  this  country.  , 

It  seems  to  me  quite  probable  that  a  note  of  inquiry  calling  for  a  specifica- 
tion of  charges  and  the  grounds  on  which  they  rest,  addressed  officially  by 
you  to  the  French  Consul,  would  evolve  all  the  information  that  is  desired, 
and  put  you  in  possession  of  all  the  opinions  which  induced  Capt.  Laplace 
to  place  the  missionaries  in  a  position  so  offensive  to  them. 

The  result  of  such  an  inquiry  might  be  of  service  to  our  government,  as 
well  as  a  satisfaction  to  yourself;  and  the  fact  of  such  inquiry  being  made, 
would  also  serve  to  show  to  this  community,  both  natives  and  foreigners,  that 
those  who  conduct  the  naval  forces  sent  abroad  under  the  authority  and  to 
sustain  the  honor  of  the  United  States,  are  equally  watchful  for  the  interests 
of  their  fellow  citizens,  whatever  may  be  (heir  avocation,  as  those  who  hold 
similar  commissions  from  other  powers. 

With  every  sentiment  of  respect, 

I  am,  Sir,  your  most  obedient  servant, 

P.  A.  BR1NSM  APE. 
To  George  C.  Read,  Esq., 
Comd'ng  U.  S.  East  India  Squadron. 

No.    8. 
Commodore  Read  to  the  U.    S.    Consul. 

U.  Safes  Frigate  Columbia, 
Honolulu,  Oahu,  O.-t.  28,  1689. 
S'R'— By   your  letter  of  the  2!)th   instant   received   yesterday   I    am  in- 


(57) 

formed  that  you  "have  before  you  a  communication  from  several  individuals 
of  the  American  missionaries  at  these  Islands  requesting  of  you  any  aid  you 
can  furnish  me  towards  an  investigation  of  the  charges  in  which  they  were 
involved  in  the  recent  correspondence  between  an  officer  of  the  French 
navy  and  the  authorities  of  this  country.'! 

And  you  further  state  that  it  sems  to  you  "quite  probable  that  a  note  of 
inquiry,  calling  for  a  specification  of  charges  and  the  grounds  on  which  they 
rest,  addressed  by  me  to  the  French  Consul  would  evolve  all  the  information 
that  is  desired,  and  put  me  in  possession  of  all  the  opinions  which  induced 
Capt.  Laplace  to  place  the  missionaries  in  a  position  so  offensive  to  them." 
In  reply  it  is  my  duty  to  inform  you  that  all  such  applications,  if  deemed 
necessary ,  should  be  made  by  the  Consul  or-  by  the  American  missionaries 
themselves,  and  that  I  must  decline  having  any  thing  to  do  with  the  French 
Consul  at  this  late  hour,  on  the  subject.  Want  of  tune,  the  risk  attending 
the  lying  in  these  Roads,  and  the  belief  that  it  could  answer  no  useful 
purpose  are,  if  I  had  no  other  reasons  for  declining,  sufficient  to  deter  me 
from  entering  upon  an  investigation  of  charges  which  have  existed  from  a 
period  anterior  to  the  visits  of  any  of  our  men-of-war  at  these  islands.  Three 
weeks  have  elapsed  since  my  arrival  here.  If  specifications  of  charges  be 
required  of  the  French  Consul,  why  were  they  not  applied  for  long  since? 
Surely  the  American  missionaries  did  not  entertain  the  belief  that  I  would 
lie  in  this  exposed  Roadstead  for  an  indefinite  time  to  inquire  into  grievances 
which  it  is  out  of  my  power  to  redress.  You  know  that  had  I  received  the 
provisions  sent  for  to  another  island,  it  was  my  intention  to  have  sailed  on 
Wednesday  last.  And  the  reasons  given  in  my  letter  of  the  28th  instant, 
were,  I  should  think,  ample  to  satisfy  the  American  mission  that  it  was 
from  necessity,  and  not  for  want  of  inclination,  that  I  declined  taking  up 
the  matter  at  issue  beween  their  opponents  and  themselves. 

Every  day's  detention  in  my  present  position  admonishes  me  the  mors 
that  I  should  leave  this  anchorage  as  soon  as  possible.  And  if  the  schooner 
does  not  arrive  by  tomorrow,  I  shall  feel  myself  obliged  to  sail  without  the 
supply  of  provisions  sent  for. 

In  answering  the  remarks  contained  in  the  last  paragraph  of  your  letter, 
I  must  observe  that  however  satisfactory  such  an  investigation  might  be  to 
my  government  and  self,  I  cannot  believe  that  it  would  change  the  opinions 
entertained  by  either  friends  or  enemies.  Those  who  conduct  the  naval  for- 
ces of  our  government  will  always  feel  themselves  in  duty  bound  to  protect 
the  citizens  of  the  United  States  abroad  whatever  may  be  their  avocation; 
but  1  am  equally  certain  that  no  step  could  be  taken  by  me  that  would 
remove  long  standing  and  deep  rooted  prejudice. 

If  specifications  of  the  charges  exhibited  against  the  American  missionaries 
by  Capt.  Laplace  can  be  obtained  from  the  French  Consul,  I  will  deliver 
them  to  my  government,  with  a  suitably  earnest  request  that  they  may  be 
inquired  into.  But  if  you  still  desire  that  I  shall  remain  to  prosecuted  the 
investigation,  you  must  find  a  harbor  into  which  the  ship  can  go,  and  lie 
in  safety. 

I  am,  Sir,  very  respectfully,  your  obedient  servant, 

GEO.  C.  READ, 
Commanding  U.  S.  East  India  Squadron. 
To  P.  A.  Brinsmade  Esq., 
U.  S   Consul,  Oahu, 
Sandwich  Islands. 


(  58  ) 

No.    9. 

The  United  States  Consul  to  Commodore  Read. 

United  States  Consulate,  ? 

Sandwich  Islands,  Oct.  31,  1839.      5 

Sir: — Yours  of  present  date  has  this  moment  been  handed  to  me  and  I 
hasten  to  say  that  I  was  aware  when  1  addressed  you  on  the  29th  inst,  of  the 
difficulties  and  embarrassments  that  might  attend  an  investigation  in  the  form 
suggested  by  the  Am.  Missionaries,  and  I  fully  appreciate  your  objections  to 
attempt  a  thorough  inquiry,  at  this  late  hour,  into  the  circumstances  by 
which  many  of  your  fellow  citizens  at  these  Islands  have  been  exposed  to 
insult  and  outrage.  I  hope  that  you,  also,  will  duly  estimate  the  disadvantages 
which  would  attend  an*  inquiries  that  might  be  instituted  by  me. 

The  opinion  which  1  adopted  when  the  rArtemise  was  here  remains  un- 
changed, that  inquiries  into  the  proceedings  of  Capt.  Laplace,  so  far  as  Ameri- 
can interests  were  involved,  to  be  most  effective,  should  be  originated  at 
Washington;  and,  with  that  view,  I  have  transmitted  to  the  department  of 
State,  a  circumstantial  account  of  those  proceedings.  In  that  account  will 
be  found  a  general  statement  made  by  Capt.  Laplace  of  offenses  against  hia 
government,  for  which  he  held  certain  American  citiaens  responsible.  The 
parties  implicated  disclaimed  all  such  responsibility,  but  owing  to  the  pe- 
culiar state  of  the  community,  and  the  agitating  circumstances  under  which 
the  charges  originated,  they  judged  it  expedient  to  bring  their  grievances  be- 
fore their  government  in  the  form  of  a  memorial  to  Congress,  in  preference 
to  any  protest  or  remonstrance  addressed  to  Capt.  Laplace.  Having  adopted 
this  decision  to  address  their  wrongs  and  petitions  to  the  highest  earthly  pow- 
er to  which  they  could  look,  I  had  supposed  that  the  matter  would  be  left 
for  the  action  of  their  goverment.  When  therefore  they  desired  me  to 
further  their  application  to  you  for  an  inquiry  into  the  facts  connected  with 
their  relations  to  this  government  and  to  that  of  France,  I  believed  it  to  be 
Uheir  purpose  to  put  you  in  possession  of  such  truth  as  would  be  useful  to  the 
government  and  people  of  their  native  country,  and  not  their  expectation 
that  you  would  take  the  matter  of  redressing  their  wrongs  from  the  hands  to 
which  they  had  so  gravely  committed  it. 

If  it  be  impracticable  for  you  to  remain  in  the  exposed  situation  of  your 
ship  "to  inquire  into  grievances  which  it  is  out  of  your  power  to  redress,"  it 
would  "a  fortiori"  be  inexpedient  for  me  to  pursue  such  an  inquiry,  for  with 
yourself,  "I  am  equally  certain  that  no  step  could  be  taken  by  me  that 
would  remove  long  standing  and  deep  rooted  prejudice." 

In  my  view,  however,  the  removal  of  prejudice,  the  vindication  of  per- 
sonal character  or  the  effacing  of  any  stigma  that  may  have  attached  to  pro- 
fessional avocation  however  desirable  or  gratifying  it  might  be  to  all  parties 
neither  you  or  myself  can  be  called  upon  officially  to  undertake :— But  when  it 
is  represented  that  essential  interests  are  jeopardized  and  rights  guaranteed 
by  the  highest  powers  of  our  government  are  invaded,  and  even  the  proud 
claim  to  American  citizenship  is  denied,  responsibility  becomes  serious,  and 
indispensable,  except  it  be  obviated  by  uncontrolable  necessity,  and  such  a 
necessity  seems  by  your  statements,  plainly  to  exist  in  your  case  I  hope 
however  that  every  attention  that  may  be  due  from  our  government  to  the 
individuals  who  have  represented  their  injuries  to  you,  will  be  promptly  af- 
forded; and  that  you  will  not  only  urge  the  subject  upon  the  regards  of  the 


(59) 

department  to  which  your  official  correspondence  is  addressed,  but  that  you 
will  also  strongly  present  to  the  Commander  of  our  naval  forces  on  the  Pa- 
cific station  the  need  of  the  protection  and  countenance  of  a  frequent  visit  of 
a  ship  of  war  at  these  islands. 

You  have  had  opportunity  to  learn  much  of  the  great  and  rapidly  increas- 
ing value  of  American  interest  here,  and  in  the  view  which  you  are  pleased 
to  take  of  the  recent  events  that  have  transpired  among  us,  it  must  be  per- 
fectly preceptible  how  liable  all  these  interests  are  at  every  moment,  to  be 
put  in  imminent  peril  if  not  sacrificed. 

I  feel  inexpressibly  happy  in  view  of  the  favorable  termination  of  our 
long  standing  difficulties  and  misunderstandings  between  foreign  residents 
and  this  government  which  has  been  effected  by  your  persevering  kindness  and 
addres;  and  I  hope  that  the  assurance  may  be  gratifying  to  you  that,  you 
will  leave  our  community  in  apparently  a  better  mood  of  feeling  than  has 
existed  for  several  years. 

Those  of  your  fellow-citizens,  whose  object  of  living  on  these  shores  is  ra- 
ther to  impart  than  acquire,  will  probably  feel  encouraged  by  the  ver  y  friend- 
ly recognition  and  countenance  you  have  afforded  them ;  and  I  trust  will  be 
benefited  by  your  counsels.  I  feel  it  due  to  them,  in  consideration  of  the 
peculiar  relation  in  which  they  stand  to  this  people,  and  in' view  of  the  cor- 
respondence which  you  have  had  with  them,  to  enclose  to  you  a  copy  of  a 
letter  recently  received  from  His  Majesty,  in  reply  to  inquiries  I  felt  it  neces- 
sary, for  my  own  information  and  that  of  my  government,  to  make. 

Be  pleased,  Sir,  to  accept  the  assurances  of  the  sentiments  of 
Respect  and  esteem,  with  which  I  remain,  very  truly, 
Your  most  obedient  servant, 

P.  A.  BRINSMADE. 
To  Geo.  C.  Read,  Esq., 

Commanding  the  U.  S.  E.  I.  Squadron. 


No.     10. 

The   United  States  Consul  to  the  Missionaries. 

United  States  Consulate,  > 

Sandwich  Islands,  Oct.  31, 1839.     5 

Gentlemen: —  Your  communication  of  the  26th  instant,  has  been  receiv- 
ed. So  soon  as  Commodore  Read  had  disposed  of  engagements  that  were 
then  occupying  his  time,  I  addressed  him  formally  on  the  subject  to  which 
you  solicited  my  attention;  and  that  you. may  have  the  earliest  and  circum- 
stantial information  in  regard  to  his  views,  I  herewith  transmit  to  you  a  copy 
of  the  correspondence  had  with  him.  By  my  second  letter  you  will  learn  my 
views  in  respect  to  the  propriety  of  agitating  further  the  matter  on  which 
you  feel  aggrieved. 

It  seems  due  to  the  government  whose  protection  you  claim,  that  you 
should  have  unhesitating  confidence  in  its  wisdom,  and  that  you  should  wait 


(60) 

patiently  for  its  action  upon  a  case  in  which  it  is  understood  you  have  serious- 
ly called  for  its  interposition. 

I  remain,  Gentlemen,  very  respectfully, 
Your  most  Obt.  Servt., 

P.  A.  BiUNSMADE. 
To  Messrs.  H.  Bingham, 

Gerrit   P.  Judd, 
Levi  Chamberlain, 
Amos  S.  Cooke, 
S   N.  Castle, 
Henry  Dirnond, 
Horton  O.  Knapp, 
L.  Smith. 

NO.     11. 

The  Missionaries  to  Commodore  Read. 

Honolulu,  November  1 ,  1839. 
Sir: — Your  communication  of  the  28th  ult.,  was  received  on  the  after- 
noon of  the  29th.  As  it  seemed  to  require  no  answer,  we  have  thus  long  de- 
layed the  acknowledgment  of  its  receipt;  and  we  will  only  say  in  relation 
to  it,  that  we  regret  you  find  yourself  unable  at  this  time  to  institute  a  court 
of  inquiry,  and  prosecute  that  investigation  into  the  validity  of  the  charges 
brought  against  the  Mission,  which  we  so  much  desire,  and  which  we  think 
the  cause  of  truth  demands. 

It  gives  us  pleasure  to  embrace  this  opportunity  to  bear  testimony  to  the 
kindness  and  urbanity  which  have  uniformly  marked  your  intercourse,  &  that 
ofCapt.  Wyman,  and  the  officers  of  the  squadron  under  your  command,  with 
us;  and  it  is  our  ardent  desire  that  wherever  the  stars  and  stripes  of  our  Union 
are  unfurled  —  whether  upon  the  sea  or  upon  the  land,  whether  amongst  sav- 
age, barbarous,  or  civilized  nations  —  the  blessings  of  peace  may  be  enjoyed, 
and  similar  testimony  be  justly  awarded  to  the  deportment  of  her  highly  fa- 
vored sons.  We  regret  not  only  on  our  own  account  that  causes  beyond  your 
control  impel  you  to  hasten  your  departure,  but  because  of  the  salutary  in- 
fluence which  we  have  reason  to  believe  a  more  prolonged  stay  would  exert 
upon  the  government  and  native  population  of  these  islands. 

Allow  us,  in  bidding  you  farewell,  to  tender  you  our  best  wishes  for  your 
prosperity;  and  our  prayer  in  your  behalf  is,that  by  the  blessing  of  Him  who 
rules  the  raging  flood,  and  can  say  to  the  angry  sea,  "Peace,  be  still,"  and 
be  obeyed,  you  and  those  who  sail  with  you,  may  be  safely  wafted  over  the 
bosom  of  the  deep,  to  the  shores  of  our  own  beloved  country;  that  you  may 
be  tilted  and  prepared,  not  only  for  the  enjoyment  of  the  happiness  of  the 
life  that  now  is,  but  of  that  which  is  to  come. 

With  sentiments  of  high  consideration,  we  have  the 

Honor  to  subscribe  ourselves,  very  respectfully, 

Your  fellow-citizens,  and  obedient  servants, 
H.  Bingham,  Samuel  N.  Castle, 

L.  Smith,  Levi  Chamberlain, 

Gkrrit  P.  Judd,  Amos  S.  Cooke, 

Henry  Dimond,  Horton  0.  Knapp. 

To  Ciko.  C.  Read,  Esq.,  Commanding 

the  U.  S.  East  India  Squadron,  Hono- 
lulu Koads,  Sandwich  Islands. 


(61) 

We  are  unauthorized  by  the  gentlemen  who  ordered 
the   publication  of  the  article  and  correspondence,  to 
make  any  comments;  and  shall  therefore  refrain  from 
doing  so,  although  some  remarks  seem  necessary  to  a 
clear   understanding  of  the  views  therein  expressed. 
It   seems  proper  to  add  a  few  words   of  explanation, 
which  we  do  upon  our  own  responsibility;  and  first,  in 
the  Commodore's  letter  to  the  Consul.     He  says,  "If 
the  specifications  of  charges  be  required  of  the  French 
Consul,  why  were  they  not  applied  for   long  since. " 
The  answer  is;  The  mission  supposed  that  the  prop- 
er source  from   which  those  inquiries  should  origin- 
ate would  be  the  court  appointed  to  investigate,  and 
it  will  be  seen  by  the  correspondence  that  an  applica- 
tion for  the  institution  of  such  a  court  was  made  on 
the    16th,   and  renewed   on   the  24th.     Second;  he 
speaks  of  the  reasons  given  in  his  letter  of  the  28th 
to  the  mission    as  being  ample  for  not  entering  into 
the  inquiry.     Said  letter  was  not  received  until  the 
29th,  and  as  the  letter  of  the  mission  to  the  Consul 
requesting  him  to  further  their  application,  was  of  an 
earlier  date,  it  will  be  seen  that  those  reasons,  what- 
ever they  were,  could  not  be  appreciated  by  the  mis- 
sion, as  they  were  unknown  to  them.     Third,  the  let- 
ter of  the   Consul  to  the  mission,  inclosing  copies  of 
the  correspondence,  was  not  received  until  some  days 
subsequent  to  date,  hencet  he  reason  why  some  points 
in  the  communication  of  the  Commodore  to  the  Con- 
sul were  not  noticed  in  their  letter  to  him,  (the  Com- 
modore,) of  Nov.  2nd,  as  they  would  seem  to  require 
to   be,  being  supposed  by  the  date  of  the  Consul's 
communication  inclosing  the  correspondence,  to  be  in 
possession  of  the  mission  while  they  were  not;  and 
fourth,  it  may  be  inferred  from  a  remark  in  the  Con- 
sul's  letter  to  the   missionaries  that  they  sought  an 
investigation  with  an  earnestness  which  amounted  to 
impatience.     He  doubtless  did  not  intend  to  convey 
this  idea.     The  public  will  judge  from  the  documents 
with  what  degree  of  urgency  the  missionaries  press- 
ed their  case.     They  desired  the   investigation,  sup- 
posing it  to  be  the  best  time  and  the  properly  author- 
ized person  on  the  ground  to  prosecute  it.     They  are 


(62) 

not  aware  of  feeling  any  degree  of  impatience  on  the 
subject. 

The  intercourse  of  the  commander  and  officers  of 
the  squadron  with  the  various  members  of  the  mis- 
sion present  at  Honolulu,  during  its  stay,  was  of  the 
most  agreeable  and  friendly  kind,  as  will  be  seen  by 
letter  No.  11.  S.  N.  Castle. 


APPENDIX. 

Manifesto  issued   by  Captain  Laplace. 

"His  Majesty,  the  king  of  the  French,  having  commanded  me  to  come  to 
Honolulu  in  order  to  put  an  end,  either  by  force  or  persuasion,  to  the  ill  treat- 
ment to  which  the  French  have  been  victims  at  the  Sandwich  Islands.  I 
hasten,  first,  to  employ  this  last  means  as  the  most  conformable  to  the  po- 
litical, noble  and  liberal  system  pursued  by  France  against  the  powerless, 
hoping  thereby  that  I  shall  make  the  principal  chiefs  of  these  islands  under- 
stand how  fatal  the  conduct  which  they  pursue  towards  her,  will  be  to  their 
interests,  and  perhaps  cause  disasters  to  them  and  to  their  country,  should 
they  be  obstinate  in  their  perseverance.  Misled  by  perfidious  counsellors  ;■ 
deceived  by  the  excessive  indulgence  which  tbe  French  government  has  ex- 
tended towards  them  for  several  years,  they  are  undoubtedly  ignorant  how 
potent  it  is,  and  that  in  the  world  there  is  not  a  power  which  is  capable  of 
preventing  it  from  punishing  its  enemies;  otherwise  they  would  have  endea- 
vored to  merit  its  favor,  or,  not  to  incur  its  displeasure,  as  they  have  done  in 
ill  treating  the  French.  They  would  have  faithfully  put  into  execution  tbe 
treaties,  in  place  of  violating  them  as  soon  as  the  fear  disappeared,  as  well 
a?  the  ships  of  war  which  had  caused  it,  whereby  bad  intentions  had  been 
constrained.  In  fine  they  will  comprehend  that  to  persecute  the  Catholic 
religion,  to  tarnish  it  with  the  name  of  idolatry,  and  to  expel,  under  this  ab- 
surd pretext,  the  French  from  this  archipelago,  was  to  offer  an  insult  to 
France  and  to  its  sovereign. 

It  is,  without  doubt,  the  formal  intention  of  France  that  the  king  of  the 
Sandwich  Islands  be  powerful,  independent  ofevey  foreign  power  which  he 
considers  his  aly ;  but  she  also  demands  that  he  confonn  to  ihe  usages  of 
civilized  nations.  Now,  amongst  the  latter  there  is  no'  even  one  which  does 
not  permit  in  its  terriory  the  free  toleration  of  all  religions;  and  yet,  at  the 
Sandwich  Islands,  the  French  are  not  allowed  publicly  the  exercise  of  theirs, 
while  Protestants  enjoy  therein  the  most  extensive  privileges;  for  these  all 
favors,  for  those  the  most  eruel  persecutions.  Such  a  state  of  affairs  being 
contrary  to  the  laws  of  nations,  insulting  to  those  of  Catholics,  can  no  longer 
continue,  and  I  am  sent  to  put  an  end  to  it.  Consequently  I  demand  in  tbe 
name  of  my  government, 

1st.  That  the  Catholic  worship  be  declared  free  throughout  all  the  domin- 
ions subject  to  the  king  of  the  Sandwich  Islands;  that  the  members  of  this  re- 
ligious faith  shall  enjoy  in  them  all  the  privileges  granted  to  Protestants. 

2nd.  That  a  site  for  a  Catholic  church  be  given  by  the  government  at  Ho- 
nolulu, a  port  frequented  by  the  French,  and  that  this  church  be  ministered 
by  priests  of  their  nation. 

3rd.  That  all  Catholics  imprisoned  on  account  of  religion  since  the  last 
persecutions  extended  to  the  French  missionaries  be  immediately  set  at 
liberty. 

4th.  That  the  king  of  the  Sandwich  Islands  deposite  in  the  hands  of  the 
Captain  of  PArtemise  the  sum  of  twenty  thousand  dollars  as  a  guarantee 
of  his  future  conduct  towards  France,  which  sum  the  government  will  restore 
to  him  when  it  shall  consider  that  the  accompanying  treaty  will  be  faithfully 
complied  with. 

9 


(62) 

5th.  That  the  treaty  signed  by  the  king  of  the  Sandwich  Islands  as  well  as 
the  sum  above  mentioned  be  conveyed  on  board  the  Frigate  PArtemise  by 
one  of  the  principal  chiefs  of  the  country ;  and  also,  that  the  batteries  of  Ho- 
nolulu do  salute  the  French  flag  with  twenty-one  guns  which  will  be  return- 
ed by  the  Frigate. 

These  are  the  eqitable  conditions  at  the  price  of  which,  the  king  of  the 
Sandwich  Islands  shall  conserve  friendship  with  France.  I  am  induced  to 
hope ,  that,  understanding  better  how  necessary  it  is  for  the  prosperity  of  his 
people  and  the  preservation  of  his  power,  he  will  remain  in  peace  with  the 
whole  world,  and  hasten  to  subscribe  to  them,  and  thus  imitate  the  laudable 
example  which  the  Queen  of  Tahiti  has  given  in  permitting  the  free  toleration 
of  the  Catholic  religion  in  her  dominions;  but,  if  contrary  to  my  expectation, 
it  should  be  otherwise,  and  the  king  and  principal  chiefs  of  the  Sandwich  Isl- 
ands, led  on  by  bad  counsellors,  refuse  to  sign  the  treaty  which  I  present, 
■war  will  immediately  commence,  and  all  the  devastations,  all  the  calamities 
which  may  be  the  unhappy  but  necessary  results,  will  be  imputed  to  them- 
selves alone,  and  they  must  also  pay  the  losses  which  the  aggrieved  foreign- 
ers, in  these  circumstances,  shall  have  a  right  to  reclaim. 

The  10th  July,  (9th  according  to  date  here,)  1839.  Captain  of  the  French 
Frigate  TArtemise, 

(Signed)  C.  Laplace. 


Treaty  Between   the  King  of  the  French   and   the  King  of 
the  Sandwich  Islands. 

Art.  1st.  There  shall  be  perpetual  peace  and  friendship  between  the  king 
of  the  French  and  the  king  of  the  Sandwich  Islands. 

Art.  2nd.  The  French  shall  be  protected  in  an  effectual  manner  in  their 
persons  and  property  by  the  king  of  the  Sandwich  Islands,  who  shall  also 
grant  them  an  authorization  sufficient  so  as  to  enable  them  juridically  to  pros- 
ecute his  subjects  against  whom  they  will  have  just  reclamations  to  make. 

Art.  3rd.  This  protection  shall  be  extended  to  French  ships  and  to  their 
crews  and  officers.  In  case  of  shipwreck  the  chiefs  and  inhabitants  of  the 
various  parts  of  the  Archipelago  shall  assist  them  and  protect  them  from  pil- 
lage. The  indemnities  for  salvage  shall  be  regulated,  in  case  of  difficult}',  by 
•arbiters  selected  by  both  parties. 

Art.  4th.  No  Frenchman  accused  of  any  crime  whatever  shall  be  tried  ex- 
cept by  a  jury  composed  of  Foreign  residents,  proposed  by  the  French  Consul 
and  approved  of  by  the  government  of  the  Sandwich  Islands. 

Art.  5th.  The  desertion  of  sailors,  belonging  to  French  ships  shall  be 
strictly  prevented  by  the  local  authorities,  who  shall  employ  every  disposable 
means  to  arrest  deserters,  and  the  expenses  of  the  capture  shall  be  paid  by 
the  captain  or  owners  of  the  aforesaid  ships  according  to  the  tarif  adopted 
by  the  other  nations. 

,  Art.  6th.  French  merchandises  or  those  known  to  be  French  produce, 
and  particularly  wines  and  eaux  devies  (brandy)  cannot  be  prohibited,  and 
shall  not  pay  an  import  duty  higher  than  5  per  cent,  ad  valorem. 

Art.  7th.  No  tonage  or  importation  duties  shall  be  exacted  from  French 


(63) 


merchants,  unless  they  are  paid  by  the  subjects  of  the  nation  the  most  fa- 
vored in  its  commerce  with  the  Sandwich  Islands. 

Art    8th.  The  subjects  of  king  Tamehameha  III.  shall  have  a  light  in  the 
French  possessions  to  all  the  advantages  which  the  French  enjoy  at  the 
Sandwich  Islands,  and  they  shall  moreover  be  considered  as  belonging  to 
the  most  favored  nation  in  their  commercial  relations  with  France. 
Made  and  signed  by  the  contracting  parties  the  17th  July,  1839. 

(Signed)  Tamehameha  III. 

C.  Laplace. 
Po3t  Capt.  Commanding  the  French  Frigate  l'Artemise. 


19: