https://hmha.missionhouses.org/files/original/ae77b8e2244d74c44a6c126ae82f4a12.pdf 79a57765b22716562bf2d7b2a15cfed1 PDF Text Text Advocate and Friend. (Extra.) HONOLULU, OAHU, SANDWICH ISLANDS, MARCH, 1843 13 suits shall be drawn out and registered upon the stamped register for this purpose. Oth. There shall he two true copies of the minutes signed by all the members of the Council in the four and twenty hours which succeed the sitting, placed in the chancery of the Consulate of France one to be sent to the Minister of the Marine, the other to form part of the archives of the Consulate, and to he communicated if necessary to those having the right or to the Foreign Consuls. 10th. In case of appeal from a judgment to the Council of Government,the Council shall join to themselves as Assesors the Consuls of the parties concerned, or if the affair is mixed (that is to say) between a white and a native, the Consul of the party concerned on the one part and the Governor of the district on the other, in this case lbs judgment shall only be given by the majority of voices. 1 Ith. There shall be no appeal from the judgment of the Coucil of the Government, to the Government of the King, but in criminal matters. The Council of Government can in no case pronounce the sentence of death, allairs of this importance shall be sent for the decision of the Government of the Society Islands. PROCLAMATION. of Her Majesty Queen Pomarc, in the name Her Majesty the Queen Pomarc on the one part, and the Rear Admiral Abel Dv Petit Thouars, Commander of the Legion of Honor, and Commanding in Chief the Naval Station of France in the Pacific Ocean, on the other part. the formation of which they will contribute, in naming the candidates of their nation, among which, the jurors must be taken in proportional numbers to that of the nations represented at Tahiti. From the judgments of the tribunals they can again appeal to the judgment of the Council of Government, to whom they shall have the right to be joined as assessors. In fact they can appeal from the judgment of the tribunal directly to the King. 4. All judgments shall be given after the laws of the country, already promulgated. 5. The natives and the whites- shall be equal in the eyes of the law. 6. Liberty of worship is proclaimed. The Government will afford thorn an equal protection. None can be sought out for his religious opinion, nor constrained in the exercise of his worship. 7. Individual liberty is guaranteed, none can be stopped but by a written and explained order of the Council, after deliberation, and upon an unanimous decision. 8. All property, of whatever description, is guaranteed—disputes that may arise on this subject, conformably to the reserves i,Hide by the Queen, shall be exclusively the resort of the native tribunals. None can be constrained to sell or exchange his property. 9. All whites resident at Tahiti, must have a certificate of nationality, or known by the Consul of his nation, or again taken under the protection of one accredited; in default of this guarantee, he will be considered as a vagabond, and as such obliged to quit the country. In all cases, the judgment cannot be given, but after deliberation of the Council of Government, and by unanimity of voices. 10. All persons who wish to follow commercial pursuits, must take out a license; they shall be given gratis (until the decision of the government) by the consent of the Council, and enrolled in a public register kept for this purpose. The licenses must be signed by the three members of the Gov- Taking into consideration the stipulations upon which is founded the protection of His Majesty Louis Phillippe, provisionally granted, under the reserve of the sanction of the King, and moreover taking into account the impossibility of taking immediately the orders of His Majesty the King of the French, and considering also the total ahsencc of laws and regulations which may serve as a basis of society, find themselves under the necessity of founding at Tahiti a Provisional Government to direct the affair! in that which concerns the whites, foreign relations, and to guarantee personal security, rights and public order, The Queen Pomarc', and the Hear Admiral A. Dv Petit Thouars, resolve, King. Ist. That a Council of Government shall I Jtli. All appeals from a judgment given be established at Papeete, the Capital of in native allairs, shall he registered by the Tahiti. Council of Government, unless it is referred 2nd. The Council is invested conformably in virtue of a demand in writing of Queen to the condiion of the Protectorate, with the Pomare, who in all eases, and according to administrative and executive .power, and of the condition of the Protectorate, is reservthe foreign political relations of the Govern- ed the entire administration and jurisdicment of the Queen I'omare. tion over the natives. 3d. The Council of the Government is Civil justice shall be c\crciscd at Tahiti, composed of three members, namely, The Consul of France, Commissioner Ist. l'y tribunals entirely composed of naof the King to the Government of Her Maj- tives, named by the Queen tot the affairs among the natives, according to the estabesty the Queen Pomarc. lished custom. The Military Governer of Papeete. 2. Hy the same tribunals, to which shall The Captain of the Port of Papeete. 4th. The decisions of the Council of the be joined on eqnal number of white jurors Government shall only be taken after delib- (to the native jurors of the mixed tribunals) eration in council, and shall only he execu- named by the Council of Government, who shall choose them from the triple list of cantive when pronounced by unanimity. sth. Out of the Council, each member shall didates, presented in equal numbers by each ernment. Foreign Consuls, for the affairs beonly preserve the power with which he is es- of the the 11. The interdiction of the sale of spirittween whites and the natives. In fact pecially charged. the whites may refer their affairs to the tri- uous liquors, pronounced by the laws of the Gth. The Council shall only be assembled bunals of the Consuls; hut in this case, all Queen Pomarc, is maintained. when convened by the Consul of Franr.e> the jurors shall be named by the Council of 12. The sale of wines, beers, and other commissioner of the King, or by the Mili- the Government, as has been said above for drinkables not alcoholized, cannot be assimGovernor of Papeete. tary the jurors of the mixed tribunals. ilated with that of spirituous liquors, and 7th. Every decision which is not agreed The Foreign Consuls shall preserve, shall continue provisionally tube authorized. S. to unanimously shall be null in its effects and until the French and their Governments are 13. Every one's dwelling house is invioshall be sent for the decision of the Governinformed, their jurisdiction over their ua- lable. They cannot be entered except they ment of the King. tions, they can proceed themselves to con- keep public houses; such as hotels, eating Bth. The minutes of all the deliberations ciliate them, whether it be by persuasion or houses, taverns, and billiard rooms, but these of the Council, whatever shall he their re- arbitration, or in appealingto the tribunal, to public houses cannot be entered, save by an ' �14 TEMPERANCE order of the Council; or order of the Military Governor. 14. Gaming houses are interdicted—all infractions of this shall be severely punished, and in case of relapse, the person rendering himself guHty, shall be obliged to quit the country. 15. All whites who intermeddle with the affairs between the Government of the Queen Pomare, and that of the King, provisionally established, or who by their clamors, their intrigues, their calumnies, or their actions shall seek to trouble public order and good harmony, which is about to be established, can upon a resolution taken in Council by a unanimity of voices, be lorced to quit the country. 16. The Captains of vessels who may enter the Port of Papeete, shall be obliged to make declaration of the motive of their coming, at the Office of the Captain of the Port —and to nitmau him of the day of their departure, and in paying the dues of pilotage and anchorage fixed by Queen Pomare. These dues shall remain the same, until the decision of the King is known under the acceptance of the Protectorate. 17. Whenever the public force is neces"sary to put in execution the orders of the Council of Government, the native Governor of Papeete, named by Queen Pomare, shall al the written order of the Council of Government, lend public assistance if it is re- quited. The Hear Admiral Com(Signed,) manding in Chief the Naval Station of France in the- Pacific. A. DU PETIT THOUARS. The Queen of Tahiti, (Signed,) POMARE. Consulate of the U. S. A., Society Islands. Translation from the Original, S. li. Blacki.er, Consul. Sandwich Islands. PROVISIONAL CESSION. In consequence of the difficulties in which we find ourselves involved, and our opinion of the impossibility of complying with the demands in the manner in which they arc made by her Britannic Majesty's Representative upon us, in reference to the claims of British subjects; We do hereby cede the Group of Islands known as the Hawaiian (or Sandwich) Islands, unto the Right Honorable Lord George Paulet, Captain of her Britannic Majesty's Ship of War Carysfort, representing her Majesty Victoria, Queen of Great Britain and Ireland, from this date, and for the time being: the said Cession being made with the reservation that it is subject to any arrangement that may have been en- Att\o C A T F.. tered into by the Representatives aopointed by us to treat with the Government of Ilcr Britannic Majesty ; and in the event that no agreement has been executed previous to the date hereof; subject to the decision of Her Britannic Majesty's Government on conference with the said Representatives appointed by us; or in the event of our Representatives not being accessible, or not having been acknowledged, subject to the decision which Her Britannic Majesty: may pronounce on the receipt of full infomiation from us, and from the Rt. Hon. Lord George Paulct. In confirmation of the above we hereby affix our names and seals, this twentyfifth day of February, in the year of our Lord one thousand eight hundred and forty-three, at Honolulu, Oahu, Sandwich Islands. Signed jn presence of I*. Jinin, Recorder and } Translator for the Goo- > (i. • t fitment. j KAMEHAMEHA 111. KKKAULUOHI. A Provisional Cession of the Hawaiian or Sandwich Islands having been made this day by KamehaMEH \ 111.,King, and Khk auluoiit, Premier thereof, unto me, The Right Hon. Lord George Paulet commanding; Her Britannic Majesty's Ship Carysfort on the part of Her Britannic Majesty, Victoria, Queen of Great Britain and Ireland; subject to arrangements which may have been or shall be made in Great Britain, with the Government of H. B. Majesty. (March, with other powers, (save and except the ncgociations with theBritish Government) and the arrangements among Foreigners, (others than natives of the Archipelago) resident on these Islands. Third, That the laws at present existing or which may be made at the ensuing Council of the King and Chiefs (after being communicated to the Commission,) shall be in full force so far as natives are concerned ; and shall form the basis of the administration of justice by the Commission, in matters between Foreigners resident on these Islands. Fourth, In all that relates to the Collection of the Revenue, the present Officers shall be continued at the pleasure of the native King and Chiefs, their Salaries for the current year being also determined by them, and the Archives of Government remaining in their hands; the accounts are, however, subject to inspection by the Commission hnrebefore named. The Government vessels shall be in like manner: subject, however, to their employment if required for Her Britannic Majesty's service. Fikth, That no sales, leases, or translets of land shall take place by the action of the ('on,mission appointed as aforesaid, nor from nativcs-lo Foreigners, during the period intervening between the 24th of this month, anil the receipt of notification from Great Britain of the arrangements made there: they shall not be valid, nor shall they receive the signatures of the King and Premier. Sixth, All the existing bona fide engagements of the native King and Premier shall be executed and performed as if this Cession had never been made. Given under my hand this twenty-fifth day of February, in the year of our Lord one thousand eight hundred and ' First, That the British Flag shall be forty-three, at Honolulu,VVoahoo, Sandwich Islands. hoisted on all the Islands of the Group: and the natives thereof shall enjoy the protecGEOIGE PAUI.ET, Captain of 11. It. M. S. Carysfort. tion and privileges of British subjects. Signed in presence of Second, That the Government thereof <i. I'. .1 p-nu, Her. anil Inl. to the Govt. I do hereby proclaim, Alex. Simpson, Jl. 11. Al. ailing Contul. shall be executed, until the rccciptof communications from Great Britain, in the following manner:—namely,—By the native Temperance Advocate and Seamen's King and Chiefs and the Officers employed by them, so far as regards the native Prieixl, published monthly, by Samuel C. Damon, population: and by a Commission, con- Seamen's Chaplain. Team. V'.'K' l*r annum, in advance, single copy. sisting of King Kamehamelia 111., or a 51,50 two copies. £2,00 three copies. #8,00 Deputy appointed by him, The Right livo copies. £5,00 ten copies. Honorable Lord George Paulet: Duncan Subscriptions received at Messrs. Ladd & Forbes Mackay, Esquire, and Lieutenant Co., Mr. E. H. Itoardman's, the Study of the Seamen's Frerc, r. n., in all that concerns relations Chaplain, and at the Printing Office. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Friend (1843) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Friend - 1843.03 - Newspaper - Extra Date A point or period of time associated with an event in the lifecycle of the resource 1843.03