48 HAWAIIAN ISLANDS. ing to my instructions, I am desired to demand a private interview with you, to which I shall proceed with a proper and competent interpreter. I therefore request to be informed at what hour to- morrow it will be convenient for your Majesty to grant me that interview. I have the honor to remain your Majesty's Most obedient and humble servant, GEO. PAULET, Captain. To His Majesty KAMEHAMEHA III. ___________ HONOLULU, February 17, 1843. Salutations to you, Lord George Paulet, Captain of Her Britannic Majesty's ship Carysfort. SIR: We have received your communication of yesterday's date, and must decline having any private interview, particularly under the circumstances which you propose. We shall be ready to receive any written communication from you to-morrow, and will give it due consideration. In case you have business of a private nature, we will appoint Dr. Judd our confidential agent to confer with you, who, being a person of integrity and fidelity to our Government, and perfectly acquainted with all our affairs, will receive your communications, give you all the information you require (in confidence), and report the same to us. With respect, KAMEHAMEHA III. KEKAULOUHI. I hereby certify the above to be a faithful translation, G. P. JUDD, Translator and Interpreter for the Government. ___________ HER BRITANNIC MAJESTY'S SHIP CARYSFORT, Woahoo, February 17, 1843. SIR: In answer to your letter of this day's date (which I have too good an opinion of your majesty to allow me to believe ever emanated from yourself, but from your ill-advisors) I have to state that I shall hold no communication whatever with Dr. G. P. Judd, who, it has been satisfactorily proved to me, has been the punic mover in the unlawful proceedings of your Government against British subjects. As you have refused me a personal interview, I inclose you the demands which I consider it my duty to make upon your Government, with which I demand a compliance at or before 4 o'clock p.m. to-morrow (Saturday); otherwise I shall be obliged to take immediate coercive steps to obtain these measures for my countrymen. I have the honor to be your majesty's most obedient, humble servant, GEO. PAULET, Captain. His Majesty KAMEHAMEHA III. 49 HAWAIIAN ISLANDS. Demand made by the Right Honorable Lord George Paulet, captain, R. N., commanding Her Britannic M. Ship Carysfort, upon the King of the Sandwich Islands. First. The immediate removal by public advertisement, written in the native and English languages and signed by the governor of this island and F. W. Thompson, of the attachment placed upon Mr. Charlton's property, the restoration of the land taken by the Government for its own use and really appertaining to Mr. Charlton, and reparation for the heavy loss to which Mr. Charlton's representatives have been exposed by the oppressive and unjust proceedings of the Sandwich Island Government. Second. The immediate acknowledgment of the right of Mr. Simpson to perform the functions delegated to him by Mr. Charlton, namely, those of Her Britannic Majesty's acting consul until Her Britannic Majesty's pleasure be known upon the reasonablness of your objections to him, the acknowledgment of that right,m and the reparation for the insult offered to Her Majesty through her acting representative, to be made by a public reception of his commission and the saluting the British flag with twenty-one guns, which number will be returned by Her Britannic Majesty's ship under my command. Third. A guarantee that no British subject shall in future be subjected to imprisonment in fetters, unless he is accused of a crime which by laws of England would be considered a felony. Fourth. The compliance with a written promise given by king Kamehameha to Capt. Jones, of Her Britannic Majesty's ship Curacoa, that a new and a fair trial would be granted in a case brought by Henry Skinner, which promise has been evaded. Fifth. The immediate adoption of firm steps to arrange the matters in dispute between British subjects and natives of the country or others residing here, by referring these cases to juries, one-half of whom shall be British subjects, approved of by the consul, and all of whom shall declare on oath their freedom from prejudgment upon or interest in the case brought before them. Sixth. I direct communication between His Majesty Kamehameha and her Britannic Majesty's acting consul for the immediate settlement of all cases of grievance and complaint on the part of British subjects against the Sandwich Island Government. Dated on board her Britannic Majesty's ship at Woahoo this 17th day of February. GEORGE PAULET, Captain. ______________ Salutations to Right Honorable Lord George Paulet, captain of Her Britannic Majesty's ship Carysfort. We have received your letter and the demands which accompanied, and in reply would inform your lordship that we have commissioned Sir George Simpson and William Richards as our ministers plenipotentiary and envoys extraordinary to the court of Great Britain, with full powers to settle the difficulties which you have presented before us; to assure Her Majesty the Queen of our uninterrupted affection and confer with her ministers as to the best means of cementing the harmony between us. Some of the demands which you have laid before us, are of an nature calculated seriously to embarrass our feeble Government, by contraven- F R 94--APP II-----4 50 HAWAIIAN ISLANDS. ing the laws established for the benefit of all. But we shall comply with your demands as it has never been our intention to insult Her Majesty the Queen or injure any of her estimable subjects; but we must do so under protest, and shall embrace the earliest opportunity of representing our case more fully to her Britannic Majesty's Government through our ministry. Trusting in the magnanimity of the sovereign of a great nation whom we have been taught to respect and love, that we shall there be justified. Waiting your further order with sentiments of respect, KAMEHAMEHA. KEKAULUOHI. I hereby certify the above to be a faithful translation. G. P. JUDD, Translator for the Government. ___________ HER BRITANNIC MAJESTY'S SHIP CARYSPORT, Woahoq, February 18, 1843. SIR: I have had the honor to acknowledge Your Majesty's letter of this day's date, wherein you intimate your intention of complying with my demands, which I have considered my duty to make on Your Majesty's Government, I appoint the hour of 2 o'clock this afternoon for the interchange of salutes, and I shall expect that you will inform me at what hour on Monday you will be prepared to receive myself and Her Britannic Majesty's Representative. I have the honor to be Your Majesty's most obedient humble servant, GEORGE PAULET, Captain. His Majesty Tamehameha III. ___________ HONOLULU, OAHU, February 18, 1843, Salutations to Lord George Paulet, captain of Her Britannic Majesty's ship Carysfort. I have received your communication and make known to you that I will receive yourself and Her Britannic Majesty's representative on Monday, the 20th of February, at 11 o'clock a. m. Yours respectfully, KAMEHAMEHA III. I hereby certify the above to be a faithful translation. G. P. JUDD, Translator for the Government. ___________ HER BRITANNIC MAJESTY'S SHIP CARYSFORT, Woahoo, February 17, 1843. SIR: I have the honor to notify you that Her Britannic Majesty's ship Carysfort, under my command, will be prepared to make an immediate attack upon this town at 4 p. m. to-morrow (Saturday) in the event of the demands now forwarded by me to the King of these islands not being complied with by this time. I have the honor to be, etc., GEORGE PAULET, Captain. 51 HAWAIIAN ISLANDS. CAPTAIN LONG, Commanding U. S. S. Boston, Honolulu: Where are you, chiefs, people and commons from my ancestor, and people from foreign lands! Hear ye! I make known to you that I am in perplexity by reason of difficulties into which I have been brought without cause; therefore, I have given away the life of our land, hear ye! But my rule over you, my people, and your privileges will continue, for I have hope that the life of the land will be restored when my conduct is justified. Done at Honolulu, Oahu, this twenty-fifth day of February, 1843. KAMEHAMEHA III KEKAULUOHI. Witness, JOHN D. PAALUA. I hereby certify the above to be a faithful translation. G. P. JUDD, Recorder and Translator for Government. ____________ 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 are 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 arrangements that may have been entered into by the representatives appointed by us to treat with the Government of Her 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 information from us, and from the Right Honorable Lord George Paulet. In confirmation of the above we hereby affix our names and seals this twenty-fifth day of February, in the year of our Lord, one thousand eight hundred and forty-three, at Honolulu, Oahu, Sandwich Islands. KAMEHAMEHA III. KEKAULUOHI. Signed in the presence of--- G. P. JUDD, Recorder and Translator for the Government. 52 HAWAIIAN ISLANDS. A provisional cession of the Hawaiian or Sandwich Islands having been made this day by Kamehameha III, King, and Kekauluohi, premier thereof, unto me, the Right Honorable 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 made or shall be made in Great Britain with the Government of Her Britannic Majesty, I do hereby proclaim, First. That the British flag shall be hoisted on all the islands of the group, and the natives thereof shall enjoy the protection and privileges of British subjects. Second. That the government thereof shall be executed, until the receipt of communications from Great Britain, in the following manner, namely: By the native King and chiefs and the officers employed by them, so far as regards the native population, and by a commission consisting of King Kamehameha III, or a deputy appointed by him, the Right Honorable Lord George Paulet; Duncan Forbes Mackay, esquire, and Lieut. Frere, R. N., in all that concerns relations with other powers (save and except the negotiations with the British Government), and the arrangements among foreigners (other 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 heretofore named. The Government vessels shall be in like manner subject, however, to their employment if required for Her Britannic Majesty's service. Fifth. That no sales, leases, or transfers of land shall take place by the action of the commission appointed as aforesaid, nor from natives to foreigners, during the period intervening between the 24th of this month and 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 and 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 25th day of February, in the year of our Lord 1843 at Honolulu, Oahu, Sandwich Islands. GEORGE PAULET, Captain of H.B.M.S. Carysport. Signed in the presence of G. P. JUDD, Recorder and Interpreter to the Government. ALEXR. SIMPSON, H.B.M. Acting Consul. 53 HAWAIIAN ISLANDS. No. 23. U.S. COMMERCIAL AGENCY, Oahu, Sandwich Islands, March 11, 1843. SIR: The document herewith inclosed has been received at this office from His Majesty the King of these islands, with a request that it be forwarded to the President of the United States by the earliest opportunity. I have the honor to remain, sir, etc., WM. HOOPER, Acting U. S. Commercial Agent. Hon. DANIEL WEBSTER, Secretary of State, Washington City. [Inclosure in No. 23. --Translation.] Kamehameha III, native King of the Sandwich Islands, to His Excellency John Tyler, the President of the United States of America. GREAT AND GOOD FRIEND: In trouble and difficulty we present for consideration to the President the unfortunate situation in which we and our Government are placed. Demands upon us unsustained by the acknowledged laws of nations and unfounded in justice were for the first time presented by Lord George Paulet, captain of Her British Majesty's ship Carysfort, then lying in the harbor of Honolulu, with a threat of coercive measures in case of noncompliance within nineteen hours. Our proposals for discussion and negotiation through our principal adviser were declined with rudeness, and we were compelled without a hearing to yield to demands which we believed to be arbitrary and unjust as regards ourselves, oppressive and illegal as regards foreign residents. We have been compelled to acknowledge an acting consul of Her Britannic Majesty against whom there were positive objections susceptible of explicit proof, without the grounds of our refusal being heard or considered. The acknowledged consul of Her Britannic Majesty had suddenly and secretly withdrawn from these islands without soliciting an interview or giving us any sort of notice of his intentions previous to his departure. After his departure, we received notice that he had delegated his consular functions to Alexander Simpson, who was a known and declared enemy of our Government, who had openly insulted the chief magistrate of this island and other high officers of our appointment, who had publicly threatened to involve us in difficulties, and whose recognition as consular agent was protested against by two British subjects who represented the chief commercial interests in these islands. Compliance has been compelled with demands, violating the obligations of contracts and contravening laws for the collection of debts, which have been established for the general benefit in accordance with the statutes of civilized nations, by compelling us to annul the decision of juries after the cases had been dismissed, and to grant new trials contrary to law, and by compelling us to remove attachments levied by one British resident on the property of another in due course of law and under the usual formalities. Precluded from negotiation and unable to repel by force, we yielded to these requisitions, under protest, of embracing the earliest opportunity of representing them more fully to Her Britannic Majesty. 54 HAWAIIAN ISLANDS. Compliance having been thus procured to the foregoing demands, others were preferred by Her Britannic Majesty's acting consul (now acknowledged) more unjust, exorbitant and arbitrary; claims for heavy indemnities where no damage was proven, and only alleged on frivolous pretexts, and demands for damages in a case still pending under the previous protest to Her Britannic Majesty. We were called upon to violate every principle of equity, by setting aside the decision of juries in several cases without any just cause being pretended why new trials should be granted; these demands were enforced at private interviews between ourselves, his lordship and Her Britannic Majesty's acting consul. The subject was only verbally canvassed, written negotiations were positively refused, and even written statements and proof and copies of the claims preferred were denied. The only alternative offered us were immediate resolve to violate the laws by acts illegal and oppressive, immediate admission and payment of claims to indemnity so loosely supported, or immediate hostilities. Without force to resist hostilities, without resources to meet the payment of the heavy indemnities demanded, and firmly resolved to support law and justice, we adopted the only peaceful alternative left, to throw ourselves upon the generosity of the British nation by a conditional cession of these islands to Her Britannic Majesty. To have awaited hostilities would have been to expose to destruction the property and jeopardize the lives of a large number of foreign residents who are American citizens; to have complied with the demands urged would have been to sanction oppressive and illegal acts affecting the rights and prospects of American citizens also, and an open violation of the stipulations with the United States in 1826. Placed in difficulties from which we could not extricate ourselves with honor and justice, compelled to immediate decision,and threatened with immediate hostilities we have, with the advice and consent of our chiefs, signed with heavy hand and many tears the deed of provisional cession and have permitted the British flag to be planted in all our islands, but under the guns of a frigate and at the point of the bayonet. Relying on the magnanimity and firmness of the United States, we appeal to the President to interpose the high influence of the United States with the court of England to grant us an impartial hearing and procure us justice, to induce Her British Majesty to withdraw from the sovereignty of these islands and leave us as we have been--an independent government supported in our right. We have labored to civilize and improve our islands; we have adopted the laws of the United States and of Britain; we have appointed upright and capable American citizens and British subjects to offices of trust and responsibility, in order that their functions might be exercised with energy and fidelity; we have adopted all suggestions which would tend to put the commercial intercourse of American citizens with us upon the best footing; we have been gratified with the large increasing number of American residents. We confidently appeal to the Americans on these islands engaged in mercantile and commercial pursuits to testify to the honesty of our intentions and our capabilities for self-government, and we acknowledge them to have been the most consistent and efficient supporters of our Government. We look to the United States with peculiar feelings of respect and gratitude. To the benevolence and enterprise of that great people we owe the introduction of the Christian religion, of civilization and laws of commerce and agriculture, and the large and respectable number of our foreign residents. We ask of you to secure and preserve the great interests common to us and you, and arrest the course of events so prejudicial to both; and we shall never cease to be grateful for your aid. And we pray to the Almighty God to have your excellency, our great and good friend, in his most holy keeping. Written at Honolulu, Island of Oahu, Hawaiian (Sandwich) Islands, this 10th day of March, anno Domini one thousand eight hundred and forty three. By your good friend, KAMEHAMEHA III. [SEAL.] Premier KEKAULUOHI. [SEAL.] ___________ No. 28.] U. S. COMMERCIAL AGENCY, Sandwich Islands, August 15, 1843. SIR: I have the honor to announce to you the arrival at this port, on the 26th ultimo, of H. B. M. Frigate Dublin, from Valpao, and of the restoration of the sovereignty of this group of islands to His Majesty the King thereof by Rear Admiral Thomas. It appears that the acts of Capt. Paulet were entirely unauthorized by the British Government, or the commander of the British naval force in the Pacific. The U. S. Ship constellation arrived at these islands some time prior to the restoration of the Hawaiian flag by Admiral Thomas, and Com. Kearny receiving official information from me of the transaction of Capt. Paulet issued a protest, a copy of which is herewith inclosed. The protest of the King against Lord Paulet, A, and the declaration of Admiral Thomas, Doc. C, are herewith inclosed for the information of the State Department. The restoration of the Government of these islands to the native chiefs is as gratifying to the American residents here as it must be to the Government of the United States. With sentiments of the highest consideration, etc. WM. HOOPER, Acting U. S. Commercial Agent. Hon. DANIEL WEBSTER, Secretary of State, Washington. ____________ Know all men that, according to private instructions given to our deputy, he on the 10th of May, issued a protest on our behalf in the following words: "Whereas the undersigned was, by commission dated February 27, 1843, appointed deputy for His Majesty Kamehameha III to the British Commission for the Government if the Sandwich Islands, under the provisional cession thereof unto Her Most Gracious Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland; "And whereas in the prosecution of business by the commissioners many acts have been passed and consummated affecting the interests of foreigners residing on the islands, and by acts which virtually abrogate the bona fide obligations of the Government existing at the period of 56 HAWAIIAN ISLANDS. the provisional cession, to which acts the said Kamehameha III did refuse through me, his deputy: "And whereas, by an order issued April 27, 1843, to the acting governor of Oahu, and by subsequent orders dated May 8, 1843, issued to all the governors of these Sandwich Islands, the commissioners, to wit, the Rt. Hon. Lord George Paulet, captain of H. B. M ship Carysfort, and Lieut. John Frere, R. N., did virtually abrogate one of the existing laws of these islands by forbidding the imprisonment of persons found guilty of fornication, except in certain cases not specified in the laws, as will appear more fully upon reference to said orders, violating thereby the solemn compact entered into under the provisional cession; "Now, therefore, be it known to all men that I, the said deputy for the said King Kamehameha III, do by these presents enter this my most solemn protest against the acts, especially those above recited, of the said commissioners, which have not the signature and approbation of me, the said deputy, as will appear more fully upon reference to the records of said commission. "And I do hereby most solemnly protests against the said Rt. Hon. Lord George Paulet and Lieut. Frere, commissioners aforesaid, and all others whom it may concern, holding them responsible for their violation of the solemn compact or treaty entered into on the 25th day of February, 1843. "G. P. JUDD, "for the King. "HONOLULU, OAHU, SANDWICH ISLANDS, May 10, 1843." On the next day our deputy withdrew form the British commission by the following document, acting in our place and stead: "Whereas the undersigned deputy for the King Kamehameha III did, in the 10th day of May, instant, enter his protest against certain acts of the British commission for the Government of the Sandwich Islands; "And whereas the undersigned has been verbally informed this day by the Rt. Hon. Lord George Paulet and Lieut. Frere that one of the laws as made at the recent Council of the King and Chiefs, viz, 'A law for the licensing of public auctioneers,' shall not go into operation; "And whereas it now appearing evident to the undersigned that the terms of the compact or treaty entered into on the 25th February, 1843, will not in future be respected by the British commission; "Therefore be it known to all men that I, the said deputy, do by these presents resign my seat in the said commission, thereby withdrawing the saidKing Kamehameha III from all future responsibilities in the acts of the said commission. "Done at Oahu Sandwich Islands, at the office of the British commission for the Government of the Sandwich Islands, this 11th day of May, A. D 1843. "G. P. JUDD, "Deputy for the King." We therefore publicly make known that we, Kamehameha III, the King, fully approve and acknowledge the protest and withdrawal of our deputy as our own, and declare that we will no more sit with the British commissioners, or be responsible for any act of theirs which may encroach on the rights of foreigners. 57 HAWAIIAN ISLANDS. The Rt. Hon. Lord George Paulet and his Lieutenant, John Frere, having enlisted soldiers under the title of "the Queen's Regiment", maintaining them as a standing army out of funds appropriated by us for the payment of our just debts, which expense we consider quite uncalled for and useless; they having enforced their demand for the payment of the money by a threat of deposing from his trust an officer of the treasury, although contrary to the orders of the King and premier to him, made known to the British Commissioners; By these oppressions, by the trial of natives for alleged offenses against the native Government, cases which come not properly under their cognizance, and by their violating the laws which, by the treaty, were to have been held sacred until we hear from England; we are oppressed and injured, and feel confident that all good men will sympathize with us in our present state of distress; and now we protest in the face of all men against all such proceedings both towards ourselves and foreigners, subjects of other governments, on the part of the Rt. Hon. Lord George Paulet, captain of H. B. ship Carysfort, and his lieutenant, John Frere, R. N., and take the world to witness that they have broken faith with us. LAHAINA MAUI, SANDWICH ISLANDS, June 24, 1843. By me, (Signed) KAMEHAMEHA III. By me, (Signed) KEKAULUOHI, Premier. ___________ His Majesty KAMEHAMEHA III, King of the Sandwich Islands: In the name and on behalf of the people of the United States of America and their Government, which the undersigned has the honor to represent, and in order to explain clearly for the information of all concerned is issued a protest. Whereas a provisional cession of the Hawaiian or sandwich Islands was made by His Majesty Kamehameha III and Kekauluohi, premier thereof, unto the Hon. George Paulet, commanding Her Britannic Majesty's ship Carysfort (to wit) on the 25th day of February, 1843, and whereas, the United States' interests and those of their citizens resident on the aforesaid Hawaiian Islands are deeply involved in a seizure of His Majesty's Government under the circumstances; as well as in the act of the aforesaid King and premier acceding thereto under protest or otherwise, to affect the interests before cited: Now, therefore, be it known that I solemnly protest against every act and measure in the premises; and do declare that from and after the day of said cession until the termination of the pending negotiations between His Majesty's envoys and the Government of Her Britannic Majesty, I hold His Majesty Kamehameha III and Capt. Lord George Paulet answerable for any and every act, by which a citizen of the United States resident as aforesaid shall be restrained in his just and undisputed rights and privileges, or who may suffer inconvenience or losses, or be forced to submit to any additional charges on imports or other revenue matters, or exactions in regard to the administration of any municipal laws whatever enacted by the "Commission" consisting of His Majesty King Kamehameha III, or his deputy of the aforesaid islands and the 58 HAWAIIAN ISLANDS. Right Hon. Lord George Paulet, Duncan Forbes Mackay, esq., and Lieut. John Frere, R. N. Given under my hand on board the U. S. Ship Constellation, at anchor off Honolulu, Oahu, this 11th day of July, 1843. LAWRENCE KEARNEY, Commander-in-Chief of the U. S. Naval force in the East Indies. _________________ HER BRITANNIC MAJESTY'S SHIP DUBLIN, Off Honolulu, July 26, 1843. SIR: It being my desire to obtain the honor of a personal interview with His Majesty King Kamehameha III, for the purpose of conferring with His Majesty on the subject of the provisional cession of his dominions, I have to request that you will be pleased to intimate my wishes to His Majesty in order that he may appoint the time and place where such interview may be held. I have the honor to be, sir, your most obedient humble servant, RICHARD THOMAS, Rear Admiral and Commander-in-Chief of H. B. M. Ships and Vessels in the Pacific. To KEKUANAOA, Governor of Oahu. ___________ [With Mr. Hooper's No. 28.] DECLARATION. Of Rear-Admiral Thomas, Commander in Chief of Her Britannic Majesty's ship and vessels in the Pacific, in relation to the events which transpired at the Sandwich Islands, and consequent upon the visit of Her Britannic Majesty's Ship Carysfort in February, 1843. TO KING KAMEHAMEHA III AND THE PRINCIPAL CHIEFS OF THE SANDWICH ISLANDS: Immediately that the commander in chief was made acquainted in Valparasio in June, 1843, of the provisional cession of the Hawaiian Islands unto the Right Honorable Lord George Paulet, as the then and there representative of Her Majesty, Queen Victoria, he hastened to the spot to make himself fully acquainted with all the circumstances and, if possible, the motives which led to such an unlooked for event. His first duty on arrival was to seek a personal interview with His Majesty Kamehameha III, and to ascertain whether these difficulties in which he found himself involved, and the opinion which His Majesty appeared to entertain of the impossibility of complying with certain requisitions which had been made, were so utterly insurmountable as to call upon him to renounce the sovereignty of these islands for the time being, likewise whether the cession was a free unbiased and unsolicited act of sovereign power. The rear-admiral having ascertained that the difficulties to which allusion is made in the deed of cession might be surmounted, having convinced His Majesty that he had not properly understood the principles of justice and good faith which invariably guide the councils of Her Majesty, the Queen of Great Britain, in all their deliberations, partic- 59 HAWAIIAN ISLANDS. ularly respecting their relations with foreign powers, and that whenever it becomes necessary to vindicate the rights of British subjects or redress their wrongs the government scrupulously respects those rights which are vested in all nations in an equal degree, whether they be powerful or weak, making it, therefore, a rule not to resort to force until every expedient for an amicable adjustment has failed, having, moreover, learned that His Majesty entertained the hope that his conduct was capable of justification, and that such justification he thought would restore to him the authority he had ceded under supposed difficulties, and having, moreover, assured His Majesty that whilst it is the earnest desire of the Government of Great Britain to cultivate by every means a good understanding with every independent nation, and to prevent any of its subjects from injuring those of other sovereigns, either in person or property, wherever they may be located, and that when it can be avoided rather than urge compliance with demands which are likely to embarrass a feeble Government, its object is to foster and even assist by kind advice or good offices such as may be disposed to seek its friendly interposition, requiring in return only equal privileges for such British residents as may have been granted to the subjects of the most favored nation. Lastly, His Majesty has given his assent to new proposals submitted to him for the amicable adjustment of the pending differences which led to the temporary cession of his authority. The commander-in-chief of Her Britannic Majesty's ships and vessels in the Pacific, for the reasons herein stated and as the highest local representative of Her Majesty Queen Victoria, Queen of the United Kingdom of Great Britain and Ireland, hereby declares and makes manifest that he does not accept of the provisional cession of the Hawaiian Islands, made on the 25th day of February, 1843, but that he considers His Majesty Kamehameha III the legitimate King of those islands, and he assures His Majesty that the sentiments of his Sovereign towards him are those of unvarying friendship and esteem, that Her Majesty sincerely desires King Kamehameha to be treated as an independent sovereign, leaving the administration of justice in his own hands, the faithful discharge of which will promote his happiness and the prosperity of his dominions. Although it is the duty of every sovereign and his ministers and counselors to do all in their power to prevent any of their subjects from injuring those of any other nation residing among them; may more, that he ought not to permit foreigners to settle in his territory unless he engages to protect them as his own subjects, and to afford them perfect security as far as regards himself; yet Great Britain will not consider the public character of the legitimate sovereign of the state but recently emerged from barbarism, under the fostering care of civilized nations, as at all; implicated by the aggression of some of his subjects, provided the Government does not directly or indirectly sanction any acts of partiality or injustice, either by conniving at whilst they are planning or being executed or by allowing the perpetrators to remain unpunished. If, unfortunately, a case should occur in which there is an evasion or denial of justice on the part of the Government towards British subjects, the course to be pursued is clear, and it would then be the duty of the commander-in-chief, in such case of real grievance which shall remain unredressed, to obtain that which bad faith and injustice have denied. The commander-in-chief confidently hopes that this act of restora- 60 HAWAIIAN ISLANDS. tion to the free exercise of his sovereign authority will be received by the King of the Sandwich Islands as a most powerful and convincing proof, not only of the responsibility he is under to render immediate reparation for real wrongs committed upon British subjects or their property, but also of the importance which attaches to the maintenance of those friendly and reciprocally advantageous relations which have for so many years subsisted between the two nations; and he further hopes that neither His Majesty nor his successors will ever forget that to the illustrious circumnavigator Capt. Cook, as the first discoverer, the inhabitants of the Sandwich Islands owe their admission into the great family of civilized man, and from the lips of Vancouver (another Englishman) Kamehameha I heard mention for the first time of the true God, which ultimately led to the abrogation of a false worship, idolatry, and human sacrifices, and by the well-directed energies, the ceaseless perseverance of the American missionaries to the establishment of a religion pure and undefiled, accompanied by the advantages of instruction and civilization, the which combined and duly cultivated bring in their train security of life and property, social order, mental and moral improvement, internal prosperity, and the respect as well as good will of other nations more advanced in the knowledge of the true faith and the science of good government. Blessings and advantages of this nature the government of Great Britain is desirous of increasing and promoting among the inhabitants of the Sandwich Islands by every honorable and praiseworthy means in its power, and thus to enlist the sympathies of the sovereign and his ministers on the side of justice, which is the basis of all society and the surest bond of all commerce. Given on board Her Britannic Majesty's ship Dublin, at Honolulu, island of Oahu, this thirty-first day of July, in the year of our Lord one thousand eight hundred and forty-three. RICHARD THOMAS. ___________ No. 1.] DEPARTMENT OF STATE, Washington, 15th March, 1843. SIR: The accompanying message of the President to Congress of the 30th of December last, transmitting a correspondence between this Department and certain agents of the Sandwich Islands then in this city, will acquaint you with the view which he entertains of the relations between the United States and those islands, and with the objects and motives of this Government for cultivating and strengthening those relations. Congress having complied with his suggestions by providing for a Commissioner to reside at the islands, you have been chosen for that purpose. A commission appointing you to the office will be found among the papers which you will receive herewith, and a letter from this Department addressed to that minister of the King of the islands who may be charged with their foreign relations, accrediting you in your official character. The title selected for your mission has reference in part to its purposes. It is not deemed expedient at this juncture fully to recognize the independence of the islands or the right of their Government to that equality of treatment and consideration which is due and usually allowed to those Governments to which we send and from which we receive diplomatic agents of the ordinary ranks. By this, however, it is not meant to intimate that the islands, 61 HAWAIIAN ISLANDS. so far as regards all other powers, are not entirely independent; on the contrary, this is a fact respecting which no doubt is felt, and the hope that through the agency of the Commissioner that independence might be preserved, has probably,in a great degree, led to the compliance by Congress with the recommendation of the President. It is obvious, from circumstances connected with their position, that the interests of the United States require that no other power should possess or colonize the Sandwich Islands, or exercise over their Government an influence which would lead to partial or exclusive favors in matters of navigation or trade. One of your principal duties therefore, will be to watch the movements of such agents of other Governments as may visit the islands. You will endeavor to obtain the earliest in that, if accomplished, they would be detrimental to the interests of the United States, you will make such representations to the authorities of the islands as in your judgment would be most likely to further them. You will also endeavor to impress upon those authorities the necessity of abstaining from giving just cause of complaint to the Governments of those powers whose policy is to increase their possessions by the prompt and impartial administration of justice according to the laws and customs of the islands, in such cases of difference as may occur between their officers and citizens and the officers, citizens, or subjects of other Governments. You will give the Government of the Sandwich Islands distinctly to understand that the Government of the United States in all its proceedings, and in setting on foot your mission, has not in any degree been actuated by a desire or intention to secure to itself exclusive privileges in matters of navigation or trade, or to prevent any or all other commercial nations from an equal participation with ourselves in the benefits of an intercourse with those islands. We seek no control over their Government, nor any undue influence whatever. Our only wish is that the integrity and independence of the Hawaiian territory may be scrupulously maintained and that its Government should be entirely impartial towards foreigners of every nation. In making resolute and stern resistance, therefore, to any claim of favor or exclusive privilege by other powers, you will at all times frankly disavow any desire that favors or exclusive privileges should be granted to the United States, their ships, commerce, or citizens. You will transmit to the Department full and exact information respecting the trade of the United States and of other nations with the islands. Any suggestions which may occur to you having in view any improvement of the commerce of the United States with the islands will be acceptable. Your attention is particularly requested to the nature of the fiscal regulations in force there, to their effects upon foreign commerce generally, and to the policy of the Government in regard to this subject. If those regulations should be frequently changed, or if there should be cause to apprehend the imposition of discriminating duties upon our navigation and trade, the expediency of negotiating a treaty with the Government which would determine for a series of years the reciprocal rights and duties of the parties in regard to those subjects will be taken into consideration. After you shall have resided long enough at the Sandwich Islands to have made yourself familiar with the state of public affairs there, and shall have communicated to the Department the results of your observations, you may make a visit to the Society Islands for the purpose of 62 HAWAIIAN ISLANDS. examining and reporting upon their condition and prospects. It is advisable, however, that your absence from your post should not be prolonged beyond the period absolutely necessary for that purpose. * * * * * * * I am, sir, your obedient servant, DANIEL WEBSTER. GEORGE BROWN, Esq., Appointed Commissioner of the United States for the Sandwich Islands. ___________ [From Mr. Brown's dispatch, No. 5, of October 26, 1843.] SIR: I arrived here on the 16th instant, and found here Commodore Dallas, who arrived in the Erie a few days before me, also the Cyane, Commander Stribling. Admiral Thomas, commanding the English naval forces in the Pacific, was also here, having, as you must have learned ere receiving this, restored the flag to the King of Hawaii. Commodore Dallas having offered me the Cyane to carry me to Lahaina, Maui, the residence of the King, for the purpose of presenting my credentials to the Government, I visited her yesterday and was received with a salute of thirteen guns. This morning, on arriving on board, was informed that the admiral intended to dispatch the corvette hazard for Mazatlan on Saturday, and, as we are under way, have no time to write as I could wish, being obliged to send this back by the pilot. Everything, however, appears to be going on as we could wish. The admiral appears to have done everything that could have been required to satisfy the King. He appears to be very fine man, and the conduct of Lord George Paulet is a sore subject to him. The most charitable construction I have heard put upon the conduct of Lord George is that he was partially deranged. Mr. Hooper, United States commercial agent, informs me that he has sent to the State Department a full account of all that has happened previous to my arrival. The meagerness of this dispatch I hope therefore will be excused. The English corvette Champion arrived yesterday from Valparaiso, which is the occasion of the Hazard being ordered to Mazatlan so soon, thereby giving me so little time to write. On my return from Maui will write you fully of all my proceedings. It affords me much pleasure to know that the President has availed himself of your talents and services in the State Department. I have the honor to be, with great respect, your very obedient servant, GEO. BROWN. Hon. ABEL P. UPSHUR, Secretary of State, Washington. __________ [From Mr. Brown's dispatch No. 6, of November 4, 1843.] HONOLULU, November 4, 1843. SIR: I last had the honor of addressing you on the 26th ultimo from on board the U. S. S. Cyane, on my passage from this place to Lahaina. Not being informed until after the ship was under way that the English admiral was about dispatching a vessel for Mexico, I had only time to 63 HAWAIIAN ISLANDS. inform you of my arrival here, and of my being on my way to present my credentials to the premier who was residing at Lahaina, Maui. I arrived here from Tahiti in the brig Catharine on the 16th ultimo, after a passage of 28 days, and found, much to my gratification, that the English admiral, Thomas, had restored the flag to the King, and placed the islands again under its native government. It will be unnecessary for me to give you a history of the doings of Lord George Paulet previous to the arrival of the admiral, or of the proceedings of the latter, as I am informed by Mr. Hooper, our acting commercial agent here, that he has written you fully on the subject, giving you every information requisite. I will therefore only say that, from what I have so far learned, both the Government here and the American residents are perfectly satisfied with what the admiral has done. There are some questions and cases arising out of the usurpation of Lord George which are not yet settled, but will have to wait for the arrival of the British commissioner or for the action of the British Government, but there appears no doubt that everything will be amicably and properly arranged. Learning on my arrival that the King was absent from his usual residence at Lahaina, on a visit to the island of Hawaii, and that he would not return until the 27th, I remained here until the 26th, when I took passage on board the Cyane, which ship had been placed at my disposal by Commodore Dallas, for Lahaina. I arrived there in the 30th at 8 a. m., accompanied by Dr. Judd, the government interpreter, and wrote a note to the premier, informing her (him?)of my arrival, and requesting to know at what time it would be convenient for her to receive me. I received an answer that she would be ready at half past twelve. On leaving the ship I was saluted with thirteen guns, and on landing was received by a number of high chiefs and conducted to the house of Kekaumohi, the premier, whom, on introduction by Mr. Judd, I addressed as follows: I have the honor to present to your excellency my credentials as commissioner from the Government of the United States to the King of Hawaii, and I beg to assure your excellency that it will afford me much pleasure in carrying out the instructions of my Government to cultivate the friendship of the Hawaiian Government and to deserve it by all the good offices in my power. After the credentials were read the premier replied in the following terms as interpreted to me: I am happy to see you here as the representative of a nation to whom we owe so much and whose friendship and good will we so highly value and that we shall always endeavor to retain. Your credentials are highly satisfactory. I was then asked whether I wished to be introduced to the King, and on replying in the affirmative, the premier handed me a letter of introduction, observing that on account of lameness she could not accompany me. I was attended, as heretofore, by a number of the high officers of Government, and on arriving at the house of the King found him waiting for me dressed in regimentals and attended by the governor of Maui and his aides. On entering he came forward and took me by the hand, requesting me to be seated. I handed him the premier's letter, which he read. I then rose and addressed him as follows, which was translated by Mr. Judd: SIR: Having been appointed by the President of the United States of America a commissioner to reside in the dominions of Your Majesty, I have taken the earliest opportunity to pay you my respects. While my Government expects no exclusive privileges, and has no desire or intention to prevent any or all other commercial na- 64 HAWAIIAN ISLANDS. tions from an equal participation in the benefits to be derived from an intercourse with your islands, and seeks no control or undue influence whatever, it has a right to expect that no partial or exclusive favors be granted to other nations. The wish of my Government is that the independence of the Hawaiian territory may be scrupulously maintained, and that its Government should be impartial towards foreigners of every nation. Allow me to congratulate Your Majesty upon the interest taken in you and your people by one of the most powerful and free nations of the earth, as evinced by the unanimous vote of its representatives that a diplomatic intercourse should be opened with you. It must be a matter of great satisfaction to Your Majesty to think that while not a quarter of a century has elapsed since your country was in a state of heathenism, such progress has been made in civilization and Christianity that you are about to be admitted into the communion of nations who for ages have had advantages which have made them powerful and happy. Next to the gratitude due from you to the Almighty Disposer of Events, you owe under Him, to those who, for the welfare of your people, left their friends and country to teach them (you) the blessings of Christianity and the arts of civilization, a debt which can only be paid by the knowledge that their efforts have not been in vain. I assure Your Majesty that it will afford me great pleasure to be the means of uniting more closely the relations heretofore of the most friendly kind between the Government of the Hawaiian Archipelago and my own, and to further by everything in my power a reciprocal feeling of friendship and good will. To which His Majesty replied as follows, which was also translated by Mr. Judd: I am much gratified at being informed by the premier of your arrival, and am happy to receive you as a representative of the United States of America whose Government is much respected by me, and whose people have made great efforts to promote civilization and Christianity among my people. I thank you for the kind sentiments you have expressed, and trust there will never be any alienation between my Government and yours. You may assure your Government that I shall always consider the citizens of the United States as entitled to equal privileges with those of the most favored nations. * * * * * * * ___________ Declaration of Great Britain and France relative to the independence of the Sandwich Islands, London, November 28, 1843. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, taking into consideration the existence in the Sandwich Islands of a government capable of providing for the regularity of its relations with foreign nations, have thought it right to engage, reciprocally, to consider the Sandwich Islands as an independent state, and never to take possession, either directly or under the title of protectorate, or under any other form, of any part of the territory of which they are composed. The undersigned, Her Majesty's principal secretary of state for foreign affairs and the ambassador extraordinary of His Majesty the King of the French, at the court of London, being furnished with the necessary powers, hereby declare in consequence that their said majesties take reciprocally that engagement. In witness whereof the undersigned have signed the present declaration, and have affixed thereto the seal of their arms. Done in duplicate at London, the 28th day of November, in the year of our Lord, 1843. [L.S.] ABERDEEN. [L.S.] ST. AULAIRE. 65 HAWAIIAN ISLANDS. Convention of commerce, navigation, etc., between Great Britain and the Sandwich Islands.* Signed at Lahaina, February 12, 1844.+ The differences which existed between the governments of Great Britain and of the Sandwich Islands having been happily settled, the following articles of agreement have been mutually entered into between the King of the Sandwich Islands, on the one part, and William Miller, esq., Her Britannic Majesty's consul-general for the Sandwich and other islands in the Pacific, in the name and on the behalf of Her Britannic Majesty, on the other part, for the preservation of harmony, and the prevention of future misunderstanding between the two parties. ARTICLE I. There shall be perpetual peace and amity between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the King of the Sandwich Islands, their heirs and successors. II. The subjects of Her Britannic Majesty shall be protected in an efficient manner in their persons and properties by the King of the Sandwich Islands, who shall cause them to enjoy impartially, in all cases in which their interests are concerned, the same rights and privileges as natives, or as are enjoyed by any other foreigners. III. No British subject accused of any crime whatever shall be judged otherwise than by a jury composed of foreign residents, proposed by the British consul and accepted by the Government of the Sandwich Islands. IV. The protection of the King of the Sandwich Islands shall be extended to all British vessels, their officers, and crews. In case of shipwreck, the chiefs and inhabitants of the different parts of the Sandwich Islands shall succour them and secure them from plunder. The salvage dues shall be regulated, in case of difficulties, by arbitrators freely chosen by both parties. V. The desertion of seamen embarked on board of British vessels shall be severely repressed by the local authorities, who shall employ all the means at their disposal to arrest deserters; and all reasonable expenses of capture shall be defrayed by the captains or owners of the said vessels. VI. British merchandise, or goods recognized as coming from the British dominions, shall not be prohibited, nor shall they be subject to an import duty higher than 5 per cent ad valorem. VII. No tonnage, import, or other duties shall be levied on British vessels or goods, or on goods imported in British vessels, beyond what are levied on the vessels or goods of the most favored nation. VIII. The subjects of the King of the Sandwich Islands shall, in their commercial and other relations with Great Britain, be treated on the footing of the most favored nation. Done at Lahaina, the 12th day of February, 1844. [L.S.] WM. MILLER. [L.S.] KAMEHAMEHA III. [L.S.] KEKAULUOHI. Signed in the presence of: G. P. JUDD, Secretary of State for Foreign Affairs. ROBERT. C. WYLLIE, Secretary to Consul-General Miller. _____________________________________________________________ _________________ *Signed in English, and in the language of the Sandwich Islands. +Annulled by Convention of March 26, 1846, Vol. XXXIV, p. 22 F R 94---APP II------5 66 HAWAIIAN ISLANDS. ADDITIONAL ARTICLE. His Majesty the King of the Hawaiian Islands being anxious to suppress intemperance within his dominions, and with that view having taken measures to obtain the consent of the French Government to the abrogation of Article VI of the treaty of July 17, 1839,* which admits the introduction of spirits and wine, on payment of a duty of 5 per cent; it is hereby further agreed, that if His Majesty the King of the French should consent to the abrogation or to any alteration of the said article, Her Majesty the Queen of Great Britain will likewise consent so to alter Article VI of the foregoing treaty as that it may have precisely the same effect in what relates to intoxicating liquors; and that this additional article shall be referred to the British Government for approval, to be afterward appended to the convention at present agreed to. [L.S.] WM. MILLER. [L.S.] KAMEHAMEHA III [L.S.] KEKAULUOHI. ___________ CASE OF JOHN WILEY. [Before the governor of Oahu, assisted by Hon. G.P. Judd and J. Ricord, esq., II. H. M. attorney-general, at the Fort, September 4, 1844.] John Wiley, plaintiff on appeal, vs. The Hawaiian Government. This was an appeal from the judgment of the inferior judges of Honolulu. Thepresent plaintiff in error had been charged before the court below with the commission of a rape upon the body of __________, an Hawaiian girl, a subject of His Majesty; and proof having been adduced to the satisfaction of the inferior judges, they condemned the present plaintiff in error to pay the statute fine of $50. This fine the plaintiff having paid, he appealed to the governor, and demanded a jury under the Hawaiian statute law, complying therewith by depositing the sum of $25, required by the statute to entitle him to a jury. The governor having given the usual notice of drawing the jury of appeal, he proceeded on the day appointed to draw a mixed jury of half Hawaiian subjects and half foreigners, required in such cases by the printed statute law. In the interval William Hooper, esq., claimed for his Government the right of selecting and proposing to the governor an entire panel of foreign jurors, to try the accused for the crime charged against him, which the governor declined on the ground that he was governed in his administration of justice by the printed law of the land and that there was no treaty extant between His Hawaiian Majesty and the United States of America which authorized him to deviate from the statute. On the day of trial above named the plaintiff Wiley appeared by his attorney,Richard Ford, and in person, and expressed his readiness to proceed to trial, but before the jury were actually impaneled William Hooper, esq., United States commercial agent, appeared before _____________________________________________________________ __________________ *VI. Les marchandises francaises, ou reconnues etre de provenance francaise, notamment les vins et les eaux-de-vie, ne pourront etre prohibees ni payer un droit d'entree plus eleve que 5 pour cent ad valorem. 67 HAWAIIAN ISLANDS. the court and made out and desired to have entered on its minutes the following protest: Before the court proceeds to the trial of Mr. Wiley, I beg to state that by a treaty entered into between this Government and that of Great Britain, on the 12th February last, the subjects of the latter were secured in the privilege of being tried, when charged with crime against the laws of this country, by a jury appointed by their consul, that I claim, in virtue of the assurance given to Mr. Brown, the United States commissioner, by His Majesty the King in October last, which secured to citizens of the United States equal privileges with those of the most favored nation, that Mr. Wiley, the defendant, is entitled to a jury appointed by me, as acting United States consul. The court,as at present constituted, I protest against, and request that it may be entered on the records of the court. WM. HOOPER, Acting United States Consular Agent. HONOLULU, September 4, 1844. Upon which protest the court decided as follows: The decision of this court upon the protest of William Hooper, esq., vice-commercial agent of the United States, now entered on the minutes, is, that there is a law in the statute books of this Government, which the accused is charged with having violated, and that at the time of violating that statute there was and still is, also in the statute book, a law regulating the drawing of juries in the Hawaiian Islands, which is obligatory upon this court. This court knows of no treaty extant with the United States that authorizes it, under the oaths of the judges, to depart from the law concerning juries, and it can not conscientiously take cognizance of any diplomatic correspondence between the Secretary of State for foreign affairs and the resident ministers of other powers; nor is this court authorized to look into treaties with other powers for the purpose of according analogous privileges to a nation not actually in treaty with His Hawaiian Majesty, especially when according them would infract a statute law by which this court is clearly bound. The plaintiff, John Wiley, is under the protection of this court, who are bound to give him the chances of the jury box, and not suffer a foreign consul to pick a jury who might be selected to convict him. Hereupon, before the jury were actually sworn, the United States vice-commercial agent advised the plaintiff to withdraw his appeal, which he accordingly did, and the court thereupon nonsuited the plaintiff and decided that his withdrawal was, in law, tantamount to an affirmance of the judgment of the inferior judges, which had been already satisfied, and they further adjudged the plaintiff to have forfeited the $25 deposited for drawing the jury of appeal. The court intimated that William Hooper, esq., was liable to the plaintiff in error for having misguided him in a manner prejudicial to his private rights, and left him to his remedy. ___________ Mr. Calhoun to Mr. Brown. No. 4.] DEPARTMENT OF STATE, Washington, January 20, 1845. SIR: Your dispatches to No. 16, inclusive, have been received. It is to be regretted that a case like that of Mr. John Wiley, to which the last principally relates, should have occurred so soon after the recognition of the Hawaiian Government by that of the United States, Your course in regard to it is approved by the President, who concurs in the views which you express. Notwithstanding the United States have no treaty stipulation with the Government of the islands, they can not, under the circumstances, consent that the privilege of being tried by a jury of foreigners shall be withheld from our citizens while it is accorded 68 HAWAIIAN ISLANDS. to the subjects of Great Britain and France. We have every reason to expect our citizens shall have, in the dominions of that Government, the same privileges as the citizens or subjects of the most favored nation. You will accordingly communicate these views to the minister for foreign affairs and repeat, in the name of the Government of the United States, your firm protest against the proceedings of the Hawaiian authorities in regard to Mr. Wiley, assuring him in the strongest terms that the United States will not submit to discrimination so unjust in their nature and so unfriendly in spirit as respects their citizens, and that the Government of the islands will be held responsible for all damages which may have been sustained in this case, or which may hereafter be sustained by citizens of the United States under similar circumstances. The United States, if it be desired by the Hawaiian Government, are willing to enter into treaty stipulations on the basis of those now existing between it and Great Britain, and I herewith transmit to you full powers to conclude such a convention. But it is to be understood that the treaty is not to bar the claim for damages in the case of Mr. Wiley (if any have been sustained), nor of any citizen or citizens of the United States for injuries accruing prior to its adoption, should it be made. I have further to say that if Great Britain or France should hereafter consent, in cases involving the rights of their respective citizens, to a trial by jury de mediatate lingua, the United States would be willing to make the same concession. But, whether there be or be not treaty stipulations between us and the Islands, the United States can never consent that their citizens should be put on any other footing than those of the most favored nations. I have the honor to be, with highest respect, sir, your obedient servant, J. C. CALHOUN. ___________ [Translation.] Treaty of peace, amity, and commerce between France and the Sandwich Islands, signed at Honolulu, March 26, 1846. Time having shown the expediency of substituting a general treaty for the various conventions mutually concluded heretofore by France and the Sandwich Islands, the French and Hawaiian Governments have mutually agreed upon the following articles, and have signed them, after acknowledging and decreeing that all other treaties and conventions now existing between the contracting parties, shall be hereafter considered as void and of no effect. ARTICLE 1. There shall be perpetual peace and friendship between His Majesty the King of the French and the King of the Sandwich Islands, and between their heirs and successors. ART. 2. The subjects of His Majesty the King of the French, residing in the possessions of the King of the Sandwich Islands, shall enjoy, as to civil rights, and as regards their persons and their property, the same protection as if they were native subjects, and the King of the Sandwich Islands engages to grant them the same rights and privileges as those now granted, or which may be granted hereafter, to the subjects of the most favored nation. ART. 3. Any Frenchmean accused of any crime or offense shall be 60 HAWAIIAN ISLANDS. tried only by a jury composed of native residents, or of foreigners proposedly the consul of France, and accepted by the Government of the Sandwich Islands. ART. 4. The King of the Sandwich Islands will extend his protection to French vessels, their officers and crews. In case of shipwreck, the chiefs and inhabitants of the various parts of the Sandwich Islands must lend them assistance and protect them from all pillage. The salvage dues will be settled, in case of difficulty, by umpires appointed by both parties. ART. 5. Desertion of sailors employed on board French vessels, will be severely repressed by the local authorities, who must use every means at their command to arrest the deserters. All expenses, within just limits, incurred in their recapture, will be refunded by the captain or owners of the said vessels. ART. 6. French goods, or those recognized as coming from French possessions, can not be prohibited nor subjected to a higher import duty than five per cent ad valorem. Wines, brandies, and other spirituous liquors are excepted, and may be subjected to any just duties which the Government of the Sandwich Islands may think proper to impose upon them, but on condition that such duty shall never be high enough to become an absolute obstacle to the importation of the said articles. ART. 7. Tonnage and import duties and all other duties imposed upon French vessels, or upon merchandise imported in French vessels, must not exceed the duties imposed upon the vessels or merchandise of the most favored nation. ART. 8. The subjects of the King of the Sandwich Islands will be treated upon the footing of the most favored nation in their commercial or other relations with France. Made at Honolulu, March 26, 1846. [L. S.] EM. PERRIN, Consul of France, Charged with a special mission to the Sandwich Islands. [L. S.] R.C. WYLLIE, His Hawaiian Majesty's Minister of Foreign Relations. ___________ Mr. Buchanan to Mr. Ten Eyck, August 28, 1848. [Extracts.] Mr. Calhoun, in a note addressed to Messrs. Richards and Haalilio, the Hawaiian commissioners, dated on the 6th July, 1844, informed them that "the President regarded his message to Congress of the 31st December, 1842, the proceedings of the House of Representatives thereon, and the appropriation made for the compensation of a commissioner of the United States, who was subsequently appointed to reside in the islands, as a full recognition on the part of the United States of the independence of the Hawaiian Government." Besides, the letter of President Polk to the King which you bore with you, dated on the 10th September, 1845, treated him as an independent sovereign. This government, having thus pledged itself to accord to that of the Hawaiian Islands the rights and privileges of a sovereign state, can not in honor or justice demand from it anything which, under like circumstances, it would not demand from the most powerful nations. I 70 HAWAIIAN ISLANDS. can discover nothing which would justify this Government in objecting to the decisions of the Hawaiian courts in ordinary cases arising under the municipal laws of the country or in dictating th policy which that Government should pursue upon any domestic subject, and especially that of the tenure of real estate by resident foreigners. * * * * * * * For these reasons it is my conviction that if, in a conciliatory spirits, you would devote your efforts to acquire a just and honorable influence over the Hawaiian authorities, you might accomplish the object. Such a result would be highly advantageous to both countries. You might thus by your counsel and advice render the Hawaiian Government as well as the citizens of your own country important services. We ardently desire that the Hawaiian Islands may maintain their independence. It would be highly injurious to our interests if, tempted by their weakness, they should be seized by Great Britain or France; more especially so since our recent acquisitions from Mexico on the Pacific Ocean. * * * * * * * Having been the first to welcome the Hawaiian Islands into the community of nations, it is our true policy, weak and feeble as they are, to treat them with as much kindness and forbearance as may be consistent with the maintenance of our own just rights. Such is the opinion of the President. * * * * * * * ___________ Mr. Ten Eyck to Mr. Buchanan. No. 55.] OFFICE UNITED STATES COMMISSION, Honolulu, September 3, 1849. SIR: * * * * * * * Having waited until the 1st of August last, and the Savannah not yet arriving, and a good opportunity offering to return, I left San Francisco at that time and reached this place on Saturday, the 25th ultimo, in time to witness the landing of an armed force from the French men-of-war in and off the harbor, who took possession of the fort and other public buildings and property belonging to the Sandwich Islands Government in consequence of the Government having refused compliance with certain demands made upon it by the French admiral and the resident French consul. I have in my letter to Commander Jones, of the 31st ultimo (copy of which is hereto annexed), given a grief history of the proceedings of the French. Mr. Turrill, our consul (with whom this Government has held official orrespondence since its resolutions of December last, suspending official intercourse with the U. S. Commissioner), has neglected to furnish me with any documents or correspondence received by him in relation to the difficulties between the French and the islands' Government, although I have made a written request upon him therefor, "in order," as I stated to him, "that I might be enabled to determine whether the dignity and honor of the Government I serve, her rights, or the rights 71 HAWAIIAN ISLANDS. and interests of her citizens required any, and if any what, official action at my hands, and also that I might be enabled understandingly to advise the State Department fully upon the matter." In consequence I am unable to state to you the demands made by the French, the grounds upon which they are based, the reasons for noncompliance on the part of the islands' authorities, or to give any opinion upon the merits of the controversy between the parties. I am advised by Mr. Turrill that an expose of the whole difficulty will be published in a few days by the authorities here, in pamphlet form, when I will forward a copy. Mr. Turrill advises me, also, that he intends forwarding manuscript copies of all the correspondence to your Department. I am waiting very anxiously the arrival of my successor, that I may be relieved and get finally away from all connection with this Government. If ever a foreign representative has been neglected and abused by the administration at Washington then have I been by Mr. Polk's, and all simply because Mr. Buchanan had the manliness to sacrifice me by censuring my official conduct (in laboring to follow out his instructions) in the vain hope of advancing his own political interests with the American Board of Foreign Missions, and of securing himself from the just charge of neglect and inattention to his public duties in connection with this legation. I hope, most certainly, to see Mr. Eames here in all this month. If he does not reach here by the 1st of October i shall feel that I am under no obligation to remain longer, and shall leave the archives of the legation in the hands of some trusty American resident, to be delivered to my successor on his arrival. During my absence from here nothing of any public interest had occurred up to the time of the arrival of the French admiral. Three or four of our whale fleet have returned here from their hunting grounds near the Japan and Northwest Coast. Those now here are bound home, having met with good success. Within the next six weeks 100 or 200 whaleships will have arrived at the different ports of these islands for recruits. The native population continues to disappear very rapidly. It is estimated that 16,000 or 18,000 have died within the last ten or eleven months, out of a population not exceeding 70,000. I have the honor, etc., A. TEN EYCK. SEPTEMBER 4, 1849. P. S.--I was just on the point of closing this dispatch when I received a note from the French consul (copy of which is hereto annexed). Mr. Turril not having condescended to furnish me with a copy of his correspondence with the French admiral, to which allusion is made in the French consul's note, I can do no more than simply acknowledge the receipt of the French consul's note, with the assurance that a copy will be forwarded to the proper department of the Government of the United States. A.T.E. 72 HAWAIIAN ISLANDS. Mr. Ten Eyck to Commodore Jones. [Inclosure in No. 55.] OFFICE UNITED STATES COMMISSION, Honolulu, August 31, 1849. SIR: On Saturday last, the 25th inst., I reached this place on my return from California, just in time to witness the landing of a body of armed men from the French frigate the Poursuivant and the French steamer Gassendi. It seems that the Admiral de Tromedin had arrived here about the 18th instant from Callao, and the day after the steamer arrived from Tahiti. Under the advice of M. Dillon, the resident French consul, the admiral requested an audience of the King for the purpose of discussing certain differences existing between the French consul and the King's Government. This request the King, by the advice of his ministers, refused. The admiral then as I understand it, made ten formal demands in writing upon the King's Government and gave them three days to consider and accede to them, advising the King that if they were not complied with within that time he should land a force and take possession of the fort and other Government property. The Government refused compliance with the admiral's demands, and accordingly, on Saturday last, at 3 p.m., he landed a force and took possession of the fort, the custom-house, and the Honolulu House (where the ministers have their offices). He also took possession of the government schooner, the Kamehameha, and all the small craft in port under the Sandwich Islands flag. All this was done without the slightest opposition being offered by the authorities, the Government, in fact, having ordered that no resistance should be made to any proceedings instituted or conducted by the French forces. Thus matter continued until Wednesday last, when the French guards were withdrawn from the custom-house and the Honolulu House, and all the vessels seized, except the Government schooner, were released. During his day the marines in possession of the fort amused themselves by destroying the powder, the large and small firearms, and whatever property they could find, and toward evening finally marched out and returned on board their vessels. While the French forces were on shore a deputation from the Government visited the admiral on board the steamer, but without any favorable result. M. Dillon had only on Saturday placed his family on board the steamer, and at 3 p.m. hauled down the flag of the consulate, and himself went on board the same vessel. This was the signal for the landing of the French forces. The demands made by the admiral, the response of the Government, and all the correspondence is, I understand, in process of publication; as soon as I can procure a copy I will forward it. I understand from Mr. Turrill, our consul, that this Government have furnished him manuscripts copies, which, with a protest sent by him to the admiral, against his proceedings, he will forward you and the Secretary of State. M. Dillon and family leave for France in the admiral's ship early next week, via San Francisco. I forward this by him. What the result of this proceeding on the part of the French forces may be, or what effect it may have upon the future political interests and independence of this Government, is a matter of uncertainty. I fear it will tend to hasten the consummation of the intrigues of Mr. Wyllie, the King's minister of foreign relation, and General Miller, 73 HAWAIIAN ISLANDS. the English consul-general, by inducing the King, ere long, to place himself under the protection of the English. Dr. Judd and the American missionaries will, I believe, counsel this course rather than permit the King to submit to any exactions conflicting with his and their views and policy. During all this proceeding, and while negotiations were being attempted, the English consul-general was constantly consulted and his advice generally followed by the Islands authorities. Mr. Turrill having failed to put me in possession of the papers received by him from this Government, or of copies of his correspondence relating to these difficulties, although I had requested them from him, I am unable to express any opinion upon the merits of the controversy between the French and the Sandwich Islands Government. So far as the conduct of the French in destroying the Government property in the fort is concerned, I do not hesitate to condemn it. The Preble is still here. Capt. Glynn will, of course, report to you the condition of his crew. It must be anything but encouraging, judging from what I have seen and hear of their sickness. The French steamer will leave for Tahiti, taking the King's schooner in company, at the same time that the frigate sails for San Francisco. I have the honor, etc., A. TEN EYCK. SEPTEMBER 4, 1849. P. S.--I have opened this to say that the United States revenue brig C. W. Lawrence, Capt. Fraser, has just arrived, forty-five days from Valparaiso. A. T. E. ___________ No.30.] CONSULATE OF THE UNITED STATES FOR THE HAWAIIAN ISLANDS, Honolulu, September 4, 1849. SIR: Rear-Admiral Tromelin arrived here on the 13th August, in the frigate La Poursuivante. The French steamer Gassendi entered this port on the day following. The admiral, on his first arrival, evinced a most friendly disposition, and it was for a while confidently believed that, notwithstanding the embittered feelings of the consul of France, no hostile demonstrations would be made. It was soon apparent, however, that the admiral had placed himself under the control of the consul and would be merely an instrument in his hands. On the 22d of last month demands were made upon this Government jointly by the admiral and the consul. On the 25th this Government sent answers to these demands, declining to comply with the same. On the afternoon of that day troops were landed, the fort taken possession of, and a guard stationed around two public buildings. No opposition whatever was made to the troops. The French held the fort until the 30th, when they abandoned it, destroying everything connected therewith, and doing much damage to the governor's house and the furniture in it. During the time the fort was thus occupied by the French unavailing efforts were made, through the medium, of commissioners, to effect an amicable settlement of existing difficulties. I herewith inclose a copy of the correspondence between Admiral Tromelin and myself, also a copy of the proceedings between this Gov- 74 HAWAIIAN ISLANDS. ernment and the admiral and consul, so far as they have been printed. I also send a copy of a letter addressed to me by the minister of foreign affairs, in relation to the mediation of the President of the United States, and my answer to the same. H.B.M. consul-general protested in strong terms against the proceedings of the admiral, and the three consuls of the smaller powers also remonstrated against the same. The course taken by the consuls no doubt had a very beneficial effect. Supposing that you may receive a communication upon that subject, I send herewith a copy of the correspondence between Mr. Ten Eyck and myself. It has ever been the desire and aim of this Government, I believe, to observe faithfully all the provisions of the treaty with France, and they have undoubtedly done so. Why, the, have these demands been made? To one residing here, who has noticed passing events attentively for a year or two past, this question is by no means difficult of solution. Soon after his arrival in Honolulu, the consul of France set on foot certain political intrigues, the object of which was to eject from office one of the King's ministers, for the purpose, as is confidently believed, of providing a place for himself. Failing in these efforts he became embittered against the King's advisers, and seemed determined to gratify his feelings at the expense of this nation. The assault made by the admiral upon this weak, this Christian nation, was unprovoked, and admits of no excuse. There is not one paliating circumstance attending it. When the facts and circumstances connected therewith shall be fully known, the whole civilized world will place upon it the mark of condemnation. I have the honor to be, very respectfully, your obedient servant, J. TURRILL. Hon. JOHN M. CLAYTON, Secretary of State, Washington, D. C. ___________ [Translation.] ADMIRAL'S FRIGATE OF THE FRENCH REPUBLIC, LA POURSUIVANTE, Naval Station of the French Republic in the Pacific Ocean, Honolulu, August 23, 1849. MR. THE CONSUL: The Hawaiian Government, especially in latter times, violated the treaty concluded between France and the Sandwich Islands in a manner which requires a prompt and complete reparation, which divers acts of which some French citizens have been the victims render still indispensable. I have taken, in concert with Mr. the consul of the French Republic in the Sandwich Islands, all the measures compatible with the dignity of France to obtain an amicable arrangement, but the obstinacy of the Hawaiian Government appeared to wish to force me to make use of the means at my disposal to oblige it to understand the voice of reason and justice. In this circumstance and agreeably to the conclusions of the ultimatum sent by me, in concert with Mr. the Consul Dillon, I have the honor of advising you that the delay for the Hawaiian Government to make its answer known will expire on August 25, instant, Saturday, at 3 p. m., after which delay, if the Government of His Majesty Kamehameha 75 HAWAIIAN ISLANDS. III does not give me a complete satisfaction, it will only remain for me to reclaim by force what I have demanded at first through the pacific way of correspondence, and which I have not been able to obtain by means of a conference, which has been refused to me.' In informing you of their disposition, Mr. the Consul, I ought to give you here the assurance that the French Republic neither looks to an occupation or a protectorate of the Hawaiian archipelago, but to a complete reparation. I shall give the necessary orders that, in the case of hostilities taking place, the commerce of American proprietors shall be respected as ought to be that of a friendly nation. I have the honor to invite you to make these dispositions known to your fellow citizens, in order that they may take from this day the necessary measures, on their part, to put themselves out of the risk of all hazards that may result from the operations which I may have to order against Honolulu. I pray you to acknowledge the receipt of this notification. Mr. the Admiral, commander-in-chief of the naval station of the French Republic in the Pacific ocean. LEGOARANT DE TROMELIN. To Mr. the Consul of the United States of America in the Sandwich Islands, at Honolulu. ___________ UNITED STATES CONSULATE FOR THE HAWAIIAN ISLANDS, Honolulu, August 24, 1849. SIR: I did myself the honor this morning of acknowledging the receipt of yours of yesterday and in doing so I took occasion to remark that I would reply to your communication as soon as I could procure a correct translation of the same. As far as I have been able to do so, I have communicated the contents of your letter to my countrymen, but I can not well advise them what to do, as I am not made acquainted with the nature of the hostile measures, if any, that are to be used. If the town is to be bombarded, it will be necessary for them to remove their families and valuable effects, to places of safety; but I do not wish to have them put to the great expense and inconvenience of doing so unless the course you may ultimately take shall render that necessary. Since the receipt of your letter, I have examined with much care the several demands which, in connection with the consul of France, you have thought proper to make upon the Hawaiian Government, and I have heretofore read attentively the voluminous correspondence of France and this Government in relation to the claims upon which those demands rest. By that correspondence I am informed that as early as last April a large proportion of those claims, and I believe all that had then been agitated, were, by a resolution of the King in council, referred for final adjustment "direct to the minister of foreign affairs of France," and , although the fact be not material to perfect the case, I will add that i appears from the same correspondence that the consul of France assented to that reference. I am also advised from a source entitled to full credit that some months ago--the exact time I do not recollect--the King appointed a special commissioner to proceed to France for the express purpose of effecting an amicable adjustment of those claims. This reference, beyond all question, removed the claims direct to France for settlement, 76 HAWAIIAN ISLANDS. and placed them entirely beyond the jurisdiction of the consul or of any other subordinate agent of the French Republic. But, viewing the case as disconnected with the reference, I beg leave to remark that I have searched through the whole of that correspondence in vain to discover a single instance in which either the letter or the spirit of the existing treaty has been violated by the Hawaiian Government. If there be such an instance, the consul of France has failed to point it out. The demands which have been thus made upon this Government are, in my judgement, in direct opposition to the plain provisions of the treaty, and the enforcing them in the manner indicated would be a palpable violation of the law of nations. As the course you have advised me that circumstances may induce you to pursue must of necessity seriously affect the great American interests connected with these islands, it becomes my imperative duty as a representative of the United States to interpose my solemn protest against it, which I now do, and I shall lose no time in communicating to the President of the United States the facts and circumstances attending this case. With the ardent hope that the pending difficulties may yet be amicably disposed of, I have the honor to remain, sir, etc., J. TURRILL, United States Consul. LEGOARANT DE TROMELIN, Rear-Admiral and Commander-in-Chief of the Naval Forces of the Republic of France in the Pacific Ocean. ___________ [Translation] ADMIRAL'S FRIGATE OF THE FRENCH REPUBLIC, THE POURSUIVANTE, Naval Station of the French Republic in the Pacific Ocean, off Honolulu, the 25th August, 1849. MR. THE CONSUL: In acknowledging receipt of your letter of yesterday's date, I have the honor of testifying to you the surprise which its perusal has occasioned to me. I had not only not given you any communication of my demands on the Hawaiian Government, but further, the policy of the American Government made it your duty to not interfere officially in our affairs with the administration of His Majesty Kamehameha III, for you know as well as I that the United States of America has made it to themselves a law of not mixing ever in the affairs of other nations, and especially those of France, their ancient and their most faithful ally. I ought to advise you that I believe it to be my duty to communicate your recited dispatch to the Government of the French Republic. I renew to you, Mr. the Consul, the assurance of my very distinguished consideration. The rear admiral, commander-in-chief of the naval forces of the French Republic in the Pacific Ocean, LEGORANT DE TROMELIN. To Mr. the Consul of the United States of American in the Sandwich Islands, Honolulu. 77 HAWAIIAN ISLANDS. UNITED STATES CONSULATE, FOR THE HAWAIIAN ISLANDS, Honolulu, August 27, 1849. SIR: I have the honor to acknowledge the receipt of yours of the 25th instant, a translation of which was not obtained in time to give it an answer on Saturday, the day it bears date. You are right in supposing it not to be the policy of the United States to mix in the affairs of other nations. But when a case like the one under consideration occurs, and I clearly see that the course military power is to take against this weak nation must greatly injure my countrymen and seriously embarrass the extensive American commerce connected with these islands, it becomes my duty so far to interfere officially as to interpose my protest; and in doing so doubt not my course will meet the entire approbation of the President of the United States. I have the honor to remain, sir, etc., J. TURRILL. LEGORANT DE TROMELIN, Rear-Admiral and Commander in Chief of the Naval Forces of the French Republic in the Pacific Ocean. ___________ SEPARATE AND URGENT.] FOREIGN OFFICE, August 25, 1849. SIR: The King, my master, commands me to convey to you, for your information, and that of your Government, the inclosed copies of the peremptory demands made on the 22d instant by the admiral and the consul of France, and of the replies to the same, which I have sent by His Majesty's command. It is not believed that any consequences can justly ensue endangering the lives and properties of American citizens, which His Majesty will protect, so long as His Sovereign authority and the empire of his laws are respected. When that period ceases, His Majesty's power to protect will cease also, and it will be for you, as consul of the United States, representing that Government, to act as you may consider to be necessary. It may be of importance for you to know that by command of the King I addressed, on the 22d instant, by the James Monroe a request in His Majesty's name, through his special commissioner, James Jackson Jarves, esquire, for the friendly mediation of his excellency the President of the United States with the Government of France, in regard to all demands made or that may be made upon the Government by the consul and admiral of the French Republic, and to obtain this favor the King commands me to request your good offices. With the highest respect, etc., R. C. WYLLIE. JOEL TURRILL, Esq., United States Consul, etc. P.S.--In case His Excellency the President of the United States should be objected to as a mediator, or decline to act as such, a similar note, with a similar intent, is now passed to H. B. M. consul-general. The King engages to ratify and abide by the award of His Excellency 78 HAWAIIAN ISLANDS. the President of the United States, or of the British Government, acting either solely or jointly upon all points that may not be agreed upon between the French Government and the King's special commissioner: James Jackson Jarves, esq. R. C. W. ___________ UNITED STATES CONSULATE, Honolulu, August 25, 1849. SIR: I have the honor of acknowledging the receipt of your despatch bearing even date herewith, inclosing copies "of the peremptory demands made on the 22d instant by the admiral and the consul of France, and of the replies to the same," and informing me that you had by command of the King, on the 22d of this month, addressed a request in His Majesty's name, through his special commissioner, James Jackson Jarves, esq., for the friendly mediation of His Excellency the President of the United States with the Government of France, in regard to all demands made or that may be made upon this Government by the consul and admiral of the French Republic, and to obtain this favor the King commands you to request my "good offices." You also inform me that a similar note has been addressed by you to H. B. M. consul-general, soliciting the mediation of England, stating that the King engages to ratify and abide by the award of the President of the United States or of the British Government, acting either solely or jointly on all points that may not be agreed upon between the French Government and the King's special commissioner. You may assure His Majesty the King, that I will cheerfully do anything in my power to aid in bringing about an amicable adjustment of existing difficulties, and for that purpose shall lose no time in sending to the President of the United States a copy of your despatch, accompanied with such remarks as I may deem necessary. I received a letter from Rear-Admiral Legorant de Tromelin on the 24th instant, bearing date the 23d, in which he states that "the Hawaiian Government, especially in latter times, violated the treaty conducted between France and the Sandwich Islands in a manner which requires a prompt and complete reparation, which divers acts, of which some French citizens have been the victims, render still indispensable." And the admiral advised me, among other things, that unless the Hawaiian Government should comply with the ultimatum sent by him in concert with the consul of France, by 3 o'clock p.m. this day, that force would be used. Believing that the admiral had been misinformed in relation to the violation of the treaty, and knowing that the use of force for the purpose and in the manner indicated by him would greatly injure American commerce in the Pacific Ocean, I expressed in decided terms in my answer to the admiral's letter, which bears date of the 24th instant, the opinion that neither the letter nor spirit of the treaty had been violated by the Hawaiian Government, and I protested against the enforcing of the demands in the manner indicated by the admiral. I shall lose no time in making the President of the United States fully acquainted with the course I have taken in relation to the proceedings of the admiral and the consul of France. I have the honor to be, etc., J. TURRILL. His Excellency R. C. WYLLIE, Minister of Foreign Relations, etc., Honolulu. 79 HAWAIIAN ISLANDS. A treaty of friendship, commerce, and navigation, between the United States of America and His Majesty the King of the Hawaiian Islands. concluded at Washington, 20th December, 1849--Ratified 4th February, 1850-- Exchanged 24th August, 1850--Proclaimed 9th November, 1850. Whereas a treaty of friendship, commerce, and navigation, between the United States of America and His Majesty the King of the Hawaiian Islands, was concluded and signed at Washington on the twentieth day of December, in the year of our Lord one thousand eight hundred and forty-nine, the original of which treaty is, word for word, as follows: The United States of American and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a treaty of friendship, commerce, and navigation, for which purpose they have appointed plenipotentiaries, that is to say: The President of the United States of America, John M. Clayton, secretary of State of the United States, and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his special commissioner to the Government of the United States, who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles. ARTICLE I. There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors. ARTICLE II. There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. No duty of customs or other impost shall be charged upon any goods the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind the produce or manufacture of or imported from any other country; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage that the subjects or citizens of any other state shall not enjoy any favor, privilege, or immunity whatever, in matters of commerce and navigation, which shall not also at the same time be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favor of that other state shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional. ARTICLE III. All articles the produce or manufacture of either country, which can legally be imported into either country from the other, in ships of that other country, and thence coming, shall, when so imported, be subject to the same duties and enjoy the same privileges, whether imported in ships of the one country or in ships of the other; and, in like manner, 80 HAWAIIAN ISLANDS. all goods which can legally be exported or reexported from either country to the other, in ships of that other country, shall, when so exported or reexported, be subject to the same duties and be entitled to the same privileges, drawbacks, bounties, and allowances, whether exported in ships of the one country in ships of the other; and all goods and articles, of whatever description, not being of the produce or manufacture of the United States, which can be legally imported into the Sandwich Islands, shall, when so imported in vessels of the United States, pay no other or higher duties, imposts, or charges than shall be payable upon the like goods and articles when imported in the vessels of the most favored nation, other than the nation of which the said goods and articles are the produce or manufacture. ARTICLE IV. No duties of tonnage, harbor, light-houses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels. ARTICLE V. It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another situated in the states of either contracting party, such navigation and trade being reserved exclusively to national vessels. ARTICLE VI. Steam vessels of the United States, which may be employed by the Government of the said States in the carrying of their public mails across the Pacific Ocean, or from one port in that ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public mail service of the United States, and shall be subject, in such ports, to no duties of tonnage, harbor, light-houses, quarantine, or other similar duties, of whatever nature or under whatever denomination. ARTICLE VII. The whale ships of the United States shall have access to the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina, which only are ports of entry for all merchant vessels; and in all the above-named ports they shall be permitted to trade or barter their supplies of goods, excepting spirituous liquors, to the amount of two hundred dollars ad valorem for each vessel, without paying any charge for tonnage or harbor dues of any description, or any duties or imposts whatever upon the goods or articles so traded or bartered. They shall also be permitted, with the like exemption from all charges for tonnage and harbor dues, further to trade or barter, with the same exception as to spirituous liquors, to the additional amount of 81 HAWAIIAN ISLANDS. one thousand dollars ad valorem for each vessel, paying upon the additional goods and articles so traded and bartered no other or higher duties than are payable on like goods and articles when imported in the vessels and by the citizens or subjects of the most favored foreign nation. They shall also be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments; but they shall not discharge their seamen or land their passengers in the said islands, except at Lahaina and Honolulu; and in all the ports named in this article the whale ships of the United States shall enjoy, in all respects whatsoever, all the rights, privileges, and immunities which are enjoyed by, or shall be granted to, the whale ships of the most favoree foreign nation. The like privilege of frequenting the three ports of the Sandwich Islands above named in this article, not being ports of entry for merchant vessels, is also guarantied to all the public armed vessels of the United States. But nothing in this article shall be construed as authorizing any vessel of the United states having on board any disease usually regarded as requiring quarantine to enter, during the continuance of such disease on board, any port of the Sandwich Islands other than Lahaina or Honolulu. ARTICLE VIII. The contracting parties engage, in regard to the personal privileges, that the citizens of the United States of America shall enjoy in the dominions of His Majesty the King of the Hawaiian Islands, and the subjects of his said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the states of the two high contracting parties, subject to the same precautions of police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hindrance or obstacle; and their heirs or representatives, being subjects or citizens of the other contracting party, shall succeed in their personal goods, whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And, in case of the absence of the heir and representative, such care shall be taken of the said goods as would be taken of the goods if a native of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the Government of the respective states. The citizens or subjects of the contracting parties shall not be obliged to pay, under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid, by the subjects or citizens of the most favored nations, in the respective F R 94---APP II-----6 82 HAWAIIAN ISLANDS. states of the high contracting parties. They shall be exempt from all military service, whether by land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence, shall be respected. No arbitrary search of or visit to their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts of their trade, shall be made: but such measures shall be executed only in conformity with the legal sentence of a competent tribunal; and each of the two contracting parties engages that the citizens or subjects of the other residing in their respective states shall enjoy their property and personal security in as full and ample manner as their own citizens or subjects, or the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the tow countries, respectively. ARTICLE IX. The citizens and subjects of each of the two contracting parties shall be free in the States of the other to manage their own affairs themselves, or to commit those affairs to the management of any persons whom they may appoint as their broker, factor, or agent; nor shall the citizens and subjects of the two contracting parties be restrained in their choice of persons to act in such capacities; nor shall they be called upon to pay any salary or remuneration to any person whom they shall not choose to employ. Absolute freedom shall be given in all cases to the buyer and seller to bargain together and to fix the price of any goods or merchandise imported into, or to be exported from, the States and dominions of the two contracting parties, save and except generally such cases wherein the laws and usages of the country may require the intervention of any special agents in the States and dominions of the contracting parties. But nothing contained in this or any other article of the present treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, further than such sale may be allowed by the Hawaiian laws. ARTICLE X. Each of the two contracting parties may have, in the ports of the other, consuls, vice-consuls, and commerical agents of their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; but if any such consuls shall exercise commerce, they shall be subject to the same laws and usage to which the private individuals of their nation are subject in the same place. The said consuls, vice-consuls, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand the said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said consuls, vice-consuls, or commercial agents, and may be confined in the public 83 HAWAIIAN ISLANDS. prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. The agents, owners, or master of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities, shall be required to take or send away such deserters from the States and dominions of the contracting parties, or give such security for their good conduct as the law may requires. But if not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty, and shall not be again arrestedfor the same cause. However, if the deserters should be found to have committed any crime or offence, their surrender may be delayed until the tribunal before which their case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. ARTICLE XI. It is agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens and subjects of both the contracting parties, in the countries of the one and the other, without their being liable to be disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction. ARTICLE XII. If any ships of war or other vessels be wrecked on the coasts of the States or Territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored with the least possible delay to the proprietors, upon being claimed by them or by their duly authorized factors; and, if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian consul or vice-consul in whose district the wreck may have taken place; and such consul, vice-consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country. ARTICLE XIII. The vessels of either of the two contracting parties which may be forced by stress of weather or other cause into one of the ports of the other shall be exempt from all duties of port or navigation paid for the 84 HAWAIIAN ISLANDS. benefit of the State, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the subsistence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge. ARTICLE XIV. The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forger, or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other, provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial if the crime had there been committed; and the respective judges and other magistrates of the two Governments shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue fro the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. ARTICLE XV. So soon as steam or other mail packets under the flag of either of the contracting parties shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post-offices of those ports all mailable matter, and to forward it as directed, the destination being to some regular post-office of either country, charging thereupon the regular postal rates as established by law in the territories of either party receiving said mailable matter, in addition to the original postage of the office whence the mail was sent. Mails for the United States shall be made up at regular intervals at the Hawaiian post-office, and dispatched to ports of the United States, the postmasters at which ports shall open the same, and forward the inclosed matter as directed, crediting the Hawaiian Government with their postage as established by law, and stamped upon each manuscript or printed sheet. All mailable matter destined for the Hawaiian Islands shall be received at the several post-offices in the United States and forwarded to San Francisco, or other ports on the Pacific coast of the United States, whence the postmasters shall dispatch it by the regular mail packets to Honolulu, the Hawaiian Government agreeing on their part to receive and collect for and credit the Post-Office Department of the United States with the United States' rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall, in all cases, be prepaid. The respective Post-Office Departments of the contracting 85 HAWAIIAN ISLANDS. parties shall in their accounts, which are to be adjusted annually, be credited with all dead letters returned. ARTICLE XVI. The present treaty shall be in force from the date of the exchange of the ratifications, for the term of ten years, and further, until the end of twelve months after either of the contracting parties shall have given notice to the other of its intention to terminate the same, each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term of ten years or at any subsequent term. Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same, and the harmony and good correspondence between the two Governments shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation. ARTICLE XVII. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by His Majesty the King of the Hawaiian Islands, by and with the advice of his privy council of state, and the ratification shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner, if possible. In witness whereof the respective plenipotentiaries have signed the same in triplicate and have thereto affixed their seals. Done at Washington, in the English language, the twentieth day of December, in the year one thousand eight hundred and forty-nine. JOHN M. CLAYTON, [SEAL.] JAMES JACKSON JARVES. [SEAL.] And whereas the said treaty has been duly ratified on both parts and the respective ratifications of the same were exchanged at Honolulu on the 24th day of August last, by Charles Bunker, consul of the United States at Lahaina, and R. C. Wyllie, minister of foreign relations of His Majesty the King of the Hawaiian Islands, on the part of their respective governments: Now, therefore, be it known that I, Millard Fillmore, President of the United States, have caused the said treaty to be made public, to the end that the same, and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, the 9th day of November, in the year of our Lord 1850, and of the Independence of the United States the seventy-fifth. [L.S.] MILLARD FILLMORE. By the President: W.S. DERRICK, Acting Secretary of State.