86 HAWAIIAN ISLANDS. Mr. G. P. Judd and Mr. James J. Jarves to Mr. Clayton. WASHINGTON, May 30, 1850. SIR: We have the honor to inclose for your perusal copies of certain documents relative to the late difficulties which have arisen between the Governments of France and the Hawaiian Islands. Nos. 17, 18, and 19 relate to an application to the Government of Her Britannic Majesty in order to obtain their good offices in the adjustment of the points at issue. Nos. 20 and 21 relate to a new treaty with France. From these you will perceive that the British Government have consented to use their good offices in favor of our Government. We are instructed to request the friendly interposition of the United States towards a satisfactory settlement of the difficulties with France, and we invite the cooperation of your excellency, particularly with reference to the adoption by both England and France of treaties similar to that negotiated by the United States. It is the earnest desire of His Hawaiian Majesty that the United States become party to an arrangement with those two powers to secure his neutrality in all wars and provide for the settlement of any future difficulty which may arise between the Hawaiian Islands and either of the three powers by a reference to the other two. Trusting that our communication may meet with a favorable consideration, we subscribe ourselves, Your excellency's most obedient servants, G. P. JUDD, JAMES J. JARVES. [Inclosures not found with note.] __________ Mr. Clayton to Mr. Judd and Mr. Jarves. DEPARTMENT OF STATE, Washington, June 3, 1850. To Messrs. G. P. JUDD and JAMES J. JARVES, Washington: GENTLEMEN: I have the honor to acknowledge the receipt of your note of the 30th ultimo, with the accompanying documents, relative to the difference between His Hawaiian Majesty's Government of France, growing out of certain proceedings of the late consul-general of France and of the naval commander of that Republic at the Hawaiian Islands. Your note has been submitted to the President, who has directed me to state, in reply, that as the United States have strong motives both of sympathy and interest for desiring that His Hawaiian Majesty's Government should be upon the most friendly terms with all others and especially with those of powerful commercial States, he ardently hopes that the misunderstanding adverted to may be adjusted to the mutual satisfaction of the parties, and will cheerfully do anything in his power, compatible with the cardinal policy of this Government, to bring about that desirable result. An instruction will accordingly be addressed to Mr. Rives, the United States minister at Paris, directing him to employ his good offices, either separately or in conjunction with the British minister, for the purpose of accommo- 87 HAWAIIAN ISLANDS. dating the dispute between His Hawaiian Majesty's Government and that of France. The desire which you express in behalf of His Hawaiian Majesty that the United States should become a party to an arrangement with Great Britain and France to secure His Majesty's neutrality in all wars and provide for the settlement of any future difficulty which may arise between the Hawaiian Islands and either of the three powers, by a reference to the other two, shall be taken into respectful consideration. I avail myself of the occasion, gentlemen, to offer to you the assurance of my very high regard. JOHN M. CLAYTON. _________ Mr. Clayton to Mr. Rives. No. 15.] DEPARTMENT OF STATE, Washington, July 5, 1850/ To WILLIAM C. RIVES, Esq., etc.: SIR: I transmit a copy of a note and of the accompanying paper addressed to this Department, under date the 30th of May last, by Messrs. G. P. Judd and James Jackson Jarves, accredited to this Government as special commissioners of His Hawaiian Majesty, requesting the friendly interposition of the United States towards a satisfactory settlement of the differences between the Hawaiian Government and that of France. A copy of my answer to the application is also inclosed. It certainly is very desirable that the relations between France and the Hawaiian Islands should be of an amicable character. We desire that those islands should maintain their independence. We believe that their existing government is competent to discharge the duties of a sovereign state, and that if any of its acts or omissions with reference to other governments, or to the citizens or subjects owing them allegiance, have been of questionable propriety, this should be imputed to the inexperience of the Hawaiian functionaries, and to the difficulties arising from the peculiarities of their position. It undoubtedly behooves the governments of older and more powerful states who hold official intercourse with the Hawaiian Government to view with indulgence any delinquencies which they may commit clearly resulting from the causes just indicated. The occasion is not considered to call for an expression of an opinion by this Department in regard to the merits of the controversy between the French and the Hawaiian authorities. The Department, however, will not hesitate to express its belief that whatever may have been the convictions of the French officers as to the justice of their cause, the measures adopted to obtain redress were unnecessarily harsh. It is hoped that this will ultimately be the conclusion of the French Government itself; and that, in that event, it will make such amends to the Hawaiian Government as a great and magnanimous nation can not fail to consider as due in such case to a feeble and injured state. The Department will be slow to believe that the French have any intention to adopt, with reference to the Sandwich Islands, the same policy which they have pursued in regard to Tahiti. If, however, in your judgment it should be warranted by circumstances, you may take a proper opportunity to intimate to the minister for foreign affairs of 88 HAWAIIAN ISLANDS. France that the situation of the Sandwich Islands, in respect to our possessions on the Pacific and the bonds commercial and of other descriptions between them and the United States, are such that we could never with indifference allow them to pass under the dominion or exclusive control of any other power. We do not ourselves covet sovereignty over them. We would be content that they should remain under their present rulers, who, we believe, are disposed to be just and impartial in their dealings with all nations. The President is not prepared to comply with the request of Messrs. Judd and Jarves, that the United States should become a party to an arrangement with England and France to secure the neutrality of the Hawaiian Government in all wars, and to provide for the adjustment of any future misunderstanding between that Government and either of the three by a reference to the other two. But although a formal treaty for these purposes would be too little in consonance with our usual policy to be entered into without great deliberation, our interest involved in the independence of the Sandwich Islands are of sufficient importance to require and warrant us in adopting other measures for the purpose of restoring and preserving harmony between their Government and that of either England or France. The President consequently hopes for the best results from your zealous, yet prudent, endeavors toward a satisfactory accommodation of the dispute which is the immediate occasion of this dispatch. I am, sir, respectfully, your obedient servant, JOHN M. CLAYTON. ___________ Mr. W. C. Rives to Mr. Webster. No. 49.] LEGATION OF THE UNITED STATES, Paris, September 12, 1850. SIR: I omitted in my last dispatch to acknowledge the receipt of dispatch No. 15 from the State Department, addressed to me by the late Secretary of State, and which was not received here until I had left Paris on my recent excursion. I shall in the exercise of the discretion it commits to me profit of the first occasion which may seem suitable and proper to bring the views and considerations it suggests to the aid of an amicable adjustment of the difficulties between the Sandwich Islands and this Government, without intruding officiously or offensively in the controversy between the parties. The minister of foreign affairs left here ten or twelve days ago to accompany the President in his visit to Cherbourg and some of the neighboring departments, and is not expected back for several days yet to come. I have therefore had no opportunity of personal communication with him since my return to Paris. * * * * * * * * * * I have the honor, etc., W. C. RIVES. _________ We, Kamehameha III, by the grace of God of the Hawaiian Islands, King: By and with the advice of our kuhina nui and counsellors of native chiefs, finding our relations with France so oppressive to my Kingdom, so inconsistent with its rights as an independent State, and 89 HAWAIIAN ISLANDS. so obstructive of all our endeavors to administer the government of our islands with equal justice with all nations and equal independence of all foreign control, and despairing of equity and justice from France, hereby proclaim as our royal will and pleasure that all our islands and all our rights as sovereign over them are from the date hereof placed under the protection and safeguard of the United States of America until some arrangements can be made to place our said relations with France upon a footing compatible with my rights as an independent sovereign under the laws of nations and compatible with my treaty engagements with other foreign nations; or, if such arrangements be found impracticable, then is our wish and pleasure that the protection aforesaid under the United States of America be perpetual. And we further proclaim as aforesaid that from the date of publication hereof the flag of the United States of America shall be hoisted above the national ensign on all our forts and places and vessels navigating with Hawaiian registers. Done at our palace at Honolulu this 10th day of March, A. D. 1851, and in the twenty-sixth year of our reign. [L. S.] KAMEHAMEHA. KEONI ANA. _________ Mr. Severance to Mr. Webster. No. 6.] UNITED STATES COMMISSION, Honolulu, March 11, 1851. SIR: I wrote you yesterday and sent the letter by mail in a vessel which sails on Wednesday, in relation to the negotiations with M. Perrin, the French consul-general, and that there was little probability of an amicable conclusion. What will follow we can not tell, but in case of another hostile attack from the French, the King, with the approbation of his chiefs, and I believe nearly all the principal officers of the Government, have it in contemplation to take down the Hawaiian flag and run up that of the United States. They contemplate annexation to our Republic, and have already consulted me about it. They would prefer a guaranty of protection form England and the United States, and have consulted with Gen. Miller, the British consul-general here. He gives them no satisfaction, having written to his Government on the same topic before and received no reply. He is bound by the joint declaration 1843, that Great Britain shall not take possession, either as a protectorate or otherwise. There is considerable British interest here. Formerly the King and chiefs put great reliance on the protection of England, which was promised verbally to Liholiho, the immediate predecessor of the present King, when he visited England with several of his chiefs. William IV was then on the British throne, I believe; but since then they have had a great deal of difficulty with Mr. Charlton, the British consul, and some with Gen. Miller, the present consul. So they have also with my predecessors, Brown and Ten Eyck; yet the American interest, missionary, mercantile, and otherwise, is altogether paramount. The popular representative body recently elected by native votes is for the most part composed of natives of the United States, and so is the executive part of the Government, as well as the judiciary, at least in the high courts. The other branch of the legislature is composed of 90 HAWAIIAN ISLANDS. a council of native chiefs, retaining so far their ancient privileges. During the last year or two there has been a considerable immigration from Sidney, but not an influential or desirable population. Three-fourths, at least, of the business done here is by Americans, and they already own much of the real estate. The sugar-planters are nearly all Americans, and have a strong interest in annexation to the United States, as in that event they will supply our Pacific coast with sugar at an advantage of 30 per cent over all other sugars from the East Indies or elsewhere. The subject of annexation is here often hinted at, and sometimes freely discussed in private; but it is known only to a very few that the King and his Government have the matter under consideration. If the action of the French should precipitate a movement here, I shall be called on, perhaps, to protect the American flag. I was indeed requested to go and see the King on Monday night, and in the presence of the council to give him assurance of protection should he raise the American flag instead of his own; but I preferred to keep away, so as to avoid all appearance of intrigue to bring about a result which, however desirable, and as many believe ultimately inevitable, must still be attended with difficulties and embarrassments. It was a week before this that I was applied to by the King to prevent the sailing of the Vandalia, as was contemplated by Capt. Gardner. It was his wish to go on Saturday last. The letters of the premier, minister of the interior, and vice-regent will be found on sheet annexed, marked A. To the letter of the regent I replied as on sheet marked B. I then addressed a letter to Capt. Gardiner, after first having a free conference with him and with Mr. Allen, the American consul. The letter is marked C. To this Capt. Gardiner replied as marked D. Capt. Cosnier, commander of the Serieuse, appears to be a very worthy man and takes no part in the controversy, as far as known. He can not speak English. I can not yet believe Mr. Perrin will require him to commence war or reprisals, or even blockade. I am, however, in the highest degree anxious to have your instructions how far I may go in protecting the American flag if it shall be raised here. There will be no lack of volunteers to defend it on shore, and a host will soon rush here from California to uphold the stars and stripes. But then if the French should fire upon the town from the corvette, might not Capt. Gardiner interpose to protect American property which is to be found on both sides of every street in town, and all along the wharves? Under the circumstances I am strongly inclined to this opinion, but it requires very serious reflection. I hope no outbreak may change the present state of things till I can hear from you and know how far I can be justified in calling upon a volunteer force or any of our vessels of war to defend the American flag should it be raised here by the consent or desire of the existing Government. The Serieuse may now go away without committing any act of hostility, but the difficulties are not settled. The French may return with a larger force. They have more ships of war in the Pacific--one frigate and a brig, I believe. The natives look upon them as enemies, and if they come again on a like errand we shall be again appealed to for protection and the subject of annexation will come up again with added force. I hope the exigency will not arrive till after I have heard from you, as I greatly fear my inclination may lead me to transcend my authority. Meantime I shall endeavor to retain the confidence of the King, the chiefs, and the cabinet. Of the latter, John Young, minister of the in- 91 HAWAIIAN ISLANDS. terior, is the son of an Englishman by a native woman. Mr. Wylie, minister of foreign relations, is a Scotsman, liberal and learned. Dr. Judd, minister of finance, is from New York; so is the chief justice, W. L. Lee; and so is Mr. Bishop, the collector-general, who boards at the same table with me. Mr. Bates, the attorney-general, is from Michigan. Mr. Armstrong, minister of public instruction, is from Pennsylvania; Judge Andrews is from Ohio. These Americans are now Hawaiian subjects, but they retain their affection for their native land. WEDNESDAY, March 12. The King, his chiefs, and ministers, had a consultation at the palace on Monday night, and again on Tuesday night. It was the desire of the chiefs to appeal to Gen. Miller for British protection. This was promised them verbally by William IV, when they were in England. They have never forgotten it; but the general gave them no promises. At the same time he cautioned them against transferring their authority to any other power, evidently meaning the United States. I find he is beginning to be a little jealous of us. They say he complains of the partiality of the Government to Americans. He breakfasted with M. Perrin a few days ago, and though he declares the French demands preposterous, he still seems little disposed to do much to oppose them. Perrin will doubtless inflame his jealousy of us as much as possible. Already I hear through a French channel that Perrin has no fear of England in this business. They both see that the natural tendency of events will be to thoroughly Americanize the islands, a process which will go on more rapidly when we get a steam communication with San Francisco. The tone of the California newspapers just received, too, will quicken these jealousies and apprehensions, if they are felt. But what is most important for you to know is that a paper has actually been drawn up and executed transferring the sovereign authority of the Islands to the United States with the design of having the flag of the United States above the Hawaiian. This is only to be used in case of hostilities by the French; otherwise to be a dead letter. I am not committed to this proceeding by any writing, nor have I been present, but have my information from one who was presont. The most I have said in private conversation is, that if the King cedes the islands to the United States and puts up the American flag, I will do what I can to protect it for the time being, until the pleasure of my Government shall be known. Leaning upon us as they do, and sympathizing with them under aggravated wrongs and repeated insults, I could not tell them we should reject their proffered allegiance, and stand passive while they, with the American flag in their hands, should be trampled under foot by the French. If in this I have said too much, I am willing to be sacrificed if I can be the means of bringing about ultimate favorable results. The Falmouth is expected here shortly, and I am in hopes that when the news of difficulties here reaches Com. McAuley he will come here with the Raritan . There ought to be an American ship-of-war here most of the time; its presence will have a salutary effect in preventing mischief. The English have had none here for some time. The fear of disturbances here operates injuriously upon our commerce, checks emigration hither, and retards the purchase of lands here by Americans. You will get a pretty accurate view of these islands, their resources, and their politics, from Mr. Jarves' History, latest edition. Com. Wilkes, and Com. Jones too, understood the matter very well. 92 HAWAIIAN ISLANDS. When Capt. La Place was here, in 1839, the French consul was Jules Dudoit; he has remained here, and is now a resident of the Island of Kani. I am told on good authority that he ways it was the intention of La Place to seize and retain the islands, and that in demanding the sum of $20,000, in default of which he would take possession, he had no idea the King could raise the money, and was much disappointed when he did so by borrowing it of the foreign residents. M. Dudoit has now large interests here and entirely disapproves the present conduct of the French. The Government here has long been harassed by the continued interference of foreign consuls. The English consuls have been as dictatorial as the French in some things, especially in the matter of land claims. If an English subject had any sort of claim to a piece of land, he was pretty sure to get through the interference of the consul, who paid little respect to native courts. Property of great value in this town was given to Mr. Charlton by a decision of the law advisers of the British crown in London on a case made up by the consul. In fact, the independence of the Islands has not been practically acknowledged. The Government has been compelled to yield to every capricious demand which a British or French foreign resident chose to make, if he could get his consul by any means to take up his case. He had only to point to the guns of a ship of war, and the trembling Government, conscious of its weakness, was forced to yield. The Government has sought guarantees of protection but has not obtained them. Mutual jealousy of each other, cooperating with more generous motives, dictated the joint declaration of 1843 by England and France; but this does not secure the Islands from continued annoyance by the latter, and hence the people here want a flag over them which will protect them. WEDNESDAY (2 o'clock p.m.). John Young, minister of the interior, and Dr. Gerret P. Judd, minister of finance, have just called on me at my office, and delivered to me a paper, which, after allowing me to read, they sealed in my presence and delivered to me to be kept among the archives of the legation. It contains this indorsement upon the envelope in the native language, which Dr. Judd translated to me as follows: The King requests the Commissioner of the United States in case the flag of the United States is raised above the Hawaiian, that he will open the inclosed and act accordingly. The paper thus sealed is a cession of the sovereignty of the Islands to the United States by proclamation of the King, to be held until some arrangement satisfactory to all parties can be made consistent with the treaty obligations already existing; and in case none such can be made, then the transfer of sovereignty to be perpetual. This, of course, requires the consent of the United States, which I have not the authority to pledge, but I shall keep the paper and be governed by circumstances. The most I can do is to accept the transfer provisionally and wait for the decision of my Government thereupon. The proclamation also authorizes vessels with Hawaiian registers to carry the flag of the United States. Dr. Judd, in the presence of Mr. Young, assured me that the King and his chosen and constitutional advisers were unanimous in agreeing to the course they had taken. 93 HAWAIIAN ISLANDS. MARCH 16. I understand from Mr. Wyllie this morning, that M. Perrin has returned to him the copy of my letter setting forth the claim of Ladd & Co. for violation of the La Place treaty, deeming it to contain an offensive imputation on La Place, and also the correspondence between Mr. Bates and myself in relation to the treaty of 1846. You will have herewith copies of the correspondence so returned, and judge whether I have transgressed the rules of diplomatic decorum. In relation to the La Place treaty I have stated the literal truth. It was extorted at the mouth of cannon, and the world ought to know it, if it does not already. The official correspondence at the time demonstrates this, and M. Perrin can not deny it. Perhaps he takes this course to evade a demand which he can not meet by argument, for he has himself admitted that the La Place treaty was in force from 1839 to 1846. I learned last night from undoubted authority (an American resident who has long been opposed to the Government here) that the few French and English residents here are trying to get up another opposition paper in place of one recently stopped for want of support. The proposed editor is an Englishman; the prospectus which has been privately circulated denounces the missionaries and the Government. Funds will probably be raised and the paper started. You are aware that many Americans who hate the missionaries for reasons you no doubt understand and hate the Government for the same and other reasons have heretofore fallen into the opposition, but they have no intention of playing into the hands of the British or French leaders, and when the flag of the United States shall be raised every man of them will rally under it. The restraining moral and religious influence of the missionaries is odious to many here, and this is inflamed by foreigners who see that these missionaries are all Americans, and conversing as they do in the native language and mingling with the natives have a powerful influence over them. The same remark applies to the officers of the Government. They are now all with us, and we must keep them so. It has been otherwise. I refer to the nature of the American opposition to the Government here to let you see clearly what elements British or French influences have to work upon. But these will be swept away in a moment when the question lies between an American and some other foreign flag. it must be remarked, too, that the number opposed to the laws for the suppression of licentiousness and drunkenness is being constantly diminished comparatively by the arrival of merchants, agriculturists, and others with their families, giving a constantly improved tone to society, which is now very good in Honolulu. MONDAY, March 17. This is the King's birthday. Flags are displayed in all directions. The King has a levee to-night. The importers of foreign goods here may not like to substitute the American tariff for the Hawaiian, but then there will be ample compensation in having free trade with our part of the continent, and 30 per cent protection on sugar. Even now there is a greater amount of good imported from the United States than from all the world beside. The 5 per cent will be saved on this. The natural markets of these islands are along the Pacific American coast, while the imports will come from all parts of the world, but being chiefly from the United States will pay no duties. It is believed to be a part of the design of the new paper to attempt to 94 HAWAIIAN ISLANDS. control the elections to the legislative body. At the last election Dr. Rooke, one of the successful candidates, and Englishman and not a Catholic, received every Catholic vote, the tickets for him being marked with a cross. If there should be an attempt to unite the European and Catholic interests in the elections, it will bring all the Americans to act together and they will carry all the chiefs and nine-tenths of the native votes with them. We look to the legislative body to sanction and confirm the action of the King and the chiefs. I hold it to be pretty certain the native Government can not last long. The King's health is precarious; he is not so temperate as he ought to be, and the prince, heir apparent, is unfortunately getting into the same way. They are now under good restraining influences, but they are often tempted by wine and flattery to discard their Puritanical advisers and maintain their royal prerogatives. It is almost a marvel that they have resisted theses seductions so well as they have; but they have some chiefs in their council who are very wise and cautious men. As to the importance of these islands to our commerce I need say nothing to you. This town must be a great depot for coal for the steamers to China and of supplies for the whaling fleet. But besides this the islands have great agricultural capacities. I have before me the first volume of the translations of the Hawaiian Agricultural Society, of which I have become a member. Among the papers is an address of H. M. Whitney, who has long been a resident of the islands. He estimates that there are 224,000 acres of sugar lands, and twice that number of acres of tillable lands. Calculating sugar at 6 cents per pound, he says the annual produce of the lands would be no less than $27,000,000. He puts down the probable exports thus: From the produce of soil...............................................................................................................................$20,250,000 From hides, tallow, and beef...................................................................................... ................................... 1,875,000 Butter and cheese............................................................................................................................................ 1,000,000 _________ Total........................................................................................................................................................ 23,125,000 This may be an extravagant estimate, but it is no longer doubtful that the islands can produce a vast amount of sugar, coffee, and a great variety of tropical fruits, precisely such as are wanted on our Pacific coast, while an acre of swampy taso land will supply half a dozen families of natives with food. I am happy to say that the Hawaiian Government has no public debt, but has public lands, though perhaps the King and chiefs own the greater part of the vacant lands in their individual rights. The public funds have been very carefully managed, much better probably than they would have been had the opposition prevailed upon the King to discharge his ministers. In the report of the minister of finance of 1850 I find the following passage: In reporting the state of the department of finance it is with extreme pleasure that it can be said in brief to be out of debt, and that the revenue received has been sufficient to meet the current exigencies of the Government and to admit the expending of a considerable sum in permanent improvements for the general good. Entire receipts........................................................................................................................................... $301,576.61 Disbursements........................................................................................................................................... 179,034.54 __________ Balance in favor of treasury.......................................................................................... 122,542.07 The whole balance of assets in favor of the treasury is $170,981.40, but deducting the amount not deemed available the balance is $64,539.39. Not many independent governments stand so well as this. 95 HAWAIIAN ISLANDS. There are some claims against the Government, but the greater amount of them, if good against the Government, are good against France, being damages for nonexecution of the Laplace treaty by France, as set forth in my No 7., March 3, to the Hawaiian minister of foreign relations. Wile thus out of debt and with money in the treasury, there is also Government property to the value of several hundred thousand dollars, which ought, I think, to be left to the territory when formed, as the tariff of the United States would here produce more revenue than the government of the islands would cost the United States. Leaving the lands also to the island territorial or state Government would still be a vast deal better bargain than we made with Texas in a financial point of view. MARCH 18. A good deal of powder was burned yesterday in celebrating the King's birthday. There were flags of all sorts, and in the evening the palace was crowded by the representatives of all nations, except the "Palani" (French). So many white faces (and especially ladies) were never seen there before. The number is rapidly increasing every year. After the company departed the King's band came to my lodgings and played "Hail Columbia." I know not if there was a special design in it. The band is composed of Germans and natives. The white population of the islands is increasing; the native is diminishing. The commerce with British possessions in New Zealand and New Holland is increasing, as also with China and the East Indies, and emigrants come from both quarters. We want the steam communication with San Francisco as quick as possible. Mr. Kingsbury, of New York, is here trying to make arrangements to put two steamers on the line from here to the coast and also to go from one island to another. With these steamers and a telegraph from San Francisco to Washington we can communicate with you in about a week: so I hope you will not object to a political connection on account of distance. Nor are we so far from the centripetal force of our republic as to be in danger of being thrown off in a tangent. We must not take the islands in virtue of the "manifest destiny" principle, but can we not accept their voluntary offer? Who has a right to forbid the bans? I ought, perhaps, to have stated before, though it may be known to you, that there is no land tax. Foreigners are not taxed on their property. There is a poll tax or labor tax, but the revenues are mostly derived from customs, tonnage duties, licenses, harbor dues, stamps, etc. But roads are much wanted, and the making of most of them will be expensive, from the mountainous nature of the country. THURSDAY, March 20. From present appearances the plan of getting up an opposition paper her in the British interest will fail. So many Americans belonging to the old opposition have joined in the project they will be sure to control it. They have been put on their guard and will insist on having an American editor. We can not yet let the American opposition into our secret, lest it should get out. These Americans are in favor of annexation, but they have no idea the cabinet they are opposing are equally so, and they, in their hatred of the missionaries, have apparently not considered how powerful the latter may be in any question between American and other foreign influence with the natives. The Protestant missionaries are all Americans- all republicans. The Cath- 96 HAWAIIAN ISLANDS. olic missionaries have all their instructions from Rome and are all Frenchmen--Jesuits, in part, if not wholly. With an American editor for the opposition paper, we can prevent him from doing any serious mischief. I have confided our secret to Dr. Robert W. Wood, one of this old American opposition to the Government, but a very discreet and influential man, with whom I have daily intercourse. He has two extensive sugar plantations and ardently desires annexation. He now goes into the support of the new paper for the purpose of keeping it in American hands. If the British interest insist on controlling it, the Americans will all drop it, and then it will be powerless. FRIDAY, March 21. I hear to-day from members of the cabinet that the difficulties with M. Perrin are in part settled, or waived, and in part referred to the French Government at home, and that the Serieuse will soon go away, leaving M. Perrin here. A few days ago he increased his demands. Mr. Wyllie told him they were wholly inadmissible. He then intimated that he should be compelled to enforce them. Mr. Wyllie told him in a very significant manner that if he did so the King's independence would be at an end. Mr. Dudoit had told him before that if he pushed his demands too far, the islands would go into the possession of the United States. Probably he had the same intimation from other quarters. Mr. Wyllie's remark and manner confirmed these intimations, and it is probably in consequence that he has since lowered his tone and evinced a disposition to recede as fast as his dignity and French honor will permit. The duty on distilled spirits, in accordance with the recommendation of the Hawaiian Chamber of Commerce (composed of merchants, chiefly Americans), will be reduced to $2.50; but there will be no treaty stipulation about it. It satisfies M. Perrin for the present, though the effect will be to diminish the importation of French brandy and increase the importation of rum, gin, and whisky. The question of indemnity to the Hawaiian Government for property destroyed, the King's yacht carried off, and damages under the Laplace treaty, is to be referred to the French Government. I do not see that M. Perrin gains anything whatever by his mission. When the Serieuse goes away the Vandalia will go also, but I hope another American ship-of-war will soon be here. The natives look to us now as their friends and protectors, and they do not regard the matter as finally settled, as indeed it is not. New demands may be made at any time and perhaps a larger armament be sent to enforce them. Now the question may arise, What shall I do with the King's cession to the United States? Ought I to retain it if he asks for it? I think I shall not give it up till I hear from you. We have a great interest in the islands, and may as well hold the paper as security against a cession to any other power. We should not enforce it against the will of the King and his chiefs; but his health is precarious, and such are the habits of his appointed successor there is no knowing whom he may choose for his constitutional advisers. He may be weary of the moral restraints imposed upon him now and throw himself into the arms of some interest altogether hostile to us. In that event the paper I hold may have its use. I want your instructions before any new difficulties arise. Capt. Gardiner, of the Vandalia, will take this letter and forward it to you by some trusty hand. 97 HAWAIIAN ISLANDS. I dine with Gen. Miller the British consul-general for the Pacific islands, this afternoon, and may be able to pick up some information. I now close this letter, but shall write further by the same conveyance. I have written this as altogether confidential. With great respect, I have the honor, etc., LUTHER SEVERANCE. ____________ Mr. Webster to Mr. Rives. No. 28.] DEPARTMENT OF STATE, Washington, June 19, 1851. WILLIAM C. RIVES,ÊEsq., etc.: SIR: In the dispatch from this Department (No. 15) of the 5th of July last, you were instructed with reference to the application of Messrs. G. P. Judd and James Jackson Jarves, special commissioners of the Hawaiian Government, for the mediation of the Government of the United States for the purpose of adjusting the differences between that Government and the Government of France. In your dispatch (No. 49) of the 12th of September, you stated that you would avail yourself of the first suitable occasion towards bringing about an amicable adjustment of the controversy. It is believed, however, that you have not since mentioned the subject. It appears from the accompanying letters addressed to the Department and to the Rev. Rufus Anderson by Mr. Judd, from Panama, that the French Government declined to accept the mediation of the Government of Great Britain, and dispatched an agent to the Sandwich Islands, whom Mr. Judd met at Panama, waiting for the arrival of an armed force from Callao, with which he intended to proceed to the islands for hostile purposes. The public journals have since announced that he had reached his destination and had entered upon a correspondence with the Hawaiian Government. This intelligence has given the President much pain. It has also alarmed the American Board of Missions, whose corresponding secretary visited this city last autumn, brought with him the letter from Mr. Judd to the Rev. Mr. Anderson above referred to, and made application for vessels of war of the United States to be sent to the islands for the protection of the persons and property of the missionaries there. Under these circumstances, if you should not already have made the French Government acquainted with the interest we feel in the independence of the islands, you will lose no time in taking that course. The proceedings of M. Dillon and the French admiral there in 1849, so far as we are informed respecting them, seem, both in their origin and in their nature, to have been incompatible with any just regard for the Hawaiian Government as an independent state. They can not, according to our impressions, be accounted for upon any other hypothesis than a determination on the part of those officers to humble and annihilate that Government for refusing to accede to demands which, if granted, must have been at the expense of all self-respect and substantial sovereignty. The further enforcement of those demands which, it appears, is the object of Mr. Perrin's mission, would be tantamount to a subjugation of the islands to the dominion of France. A step like this could not fail to be viewed by the Government and people of the United States with a dissatisfaction which would tend seriously to F R 94--APP II------7 98 HAWAIIAN ISLANDS. disturb our existing friendly relations with the French Government. This is a result to be deplored. If, therefore, it should not be too late, it is hoped that you will make such representations upon the subject to the minister of foreign affairs of France as will induce that Government to desist from measures incompatible with the sovereignty and independence of the Hawaiian Islands, and to make amends for the acts which the French agents have already committed there in contravention of the law of nations and of the treaty between the Hawaiian Government and France. I am, sir, respectfully, your obedient servant, DANL. WEBSTER. ___________ JOINT RESOLUTION. Be it resolved by the nobles and representatives of the Hawaiian Islands in legislative council assembled, That, in the sense of this house, the demands of France are so clearly unjust and contrary to the laws of nations and to treaty, and the course pursued by her so incompatible with the existence of a regular independent government in these islands; if France should persist in such a course it will be the duty of the King to shield himself and his kingdom from insult and oppression by placing this kingdom under the protection of some friendly state; and that should such emergency be so urgent as not to admit of the legislative council being convened, it shall be left to His Majesty by and with the advice of his privy council, under such emergency, to consult the honor and safety of his kingdom, according to His Majesty's best judgment; and that whatever he may do will be binding upon the nation. Passed both houses of the legislature June 21, 1851. WM. L. LEE, Speaker of the House of Representatives. KEONI ANA, President of the House of Nobles. Approved by the King, August 4, 1851. KAMEHAMEHA. KEONI ANA. ___________ Mr. Rives to Mr. Webster. No. 95.] VICHY, July 8, 1851. SIR: I received here three days ago your dispatch No. 28. While Gen. de la Hitte was minister of foreign affairs I had several conversations with him respecting the unhappy differences which had arisen between France and the Hawaiian Government. I availed myself of those occasions to represent to him the deep interest which the people and Government of the United States feel in the welfare and independence of the Hawaiian Islands, and their earnest desire to see the controversy then pending brought to an amicable conclusion, which should be consistent alike with the magnanimity of France and the claims of justice on both sides. Gen. de la Hitte always testified the best dispositions on the subject, and I had reason to think that he was 99 HAWAIIAN ISLANDS. far from approving in all things the conduct of the French agent in 1849. Since his retirement from the ministry there have been such frequent changes in the department of foreign affairs that I have had no suitable opportunity of recurring to the subject in the brief periods of official intercourse with the successive ministers who have temporarily occupied the department; nor indeed did I suppose from all that has come to my knowledge that there was any serious danger of measures being pursued which might compromise the independence or over-awe the freedom of actin of the Hawaiian Government in regard to the matters in dispute. Since the receipt of your dispatch. I have felt it my duty to address a communication to the minister of foreign affairs, setting forth plainly and frankly, but in a tone not calculated to wound the pride or dignity of the French Government, the views of the Government of the United States as embodied in your dispatch, the deep interest it feels in the independence of the Sandwich Islands, and the danger that would consequently arise of an interruption of the good understanding now happily existing between France and the United States, if measures should be pursued by her authority incompatible with a just respect of that independence. To give the full effect you desire to these representations, it seemed to me indispensable that they should be made in writing, for, besides the consideration that mere verbal communications never have the weight and importance that are attached to written ones, a strong additional reason is furnished by the changes of ministry which so frequently occur here for placing the views of the Government of the United States on record, where they will pass under the eyes of whatever ministers may successively be called to conduct the department of foreign affairs. A copy of the communication addressed to me by the minister of foreign affairs is herewith inclosed. I shall return to Paris in a few days, and if anything of importance should occur in my interview with the minister I will embrace the earliest opportunity to communicate it to you. I have the honor to be, etc., W. C. RIVES. _________ Mr. Webster to Mr. Severance. No. 4.] DEPARTMENT OF STATE, Washington, July 14, 1851. LUTHER SEVERANCE, Esq.: SIR: Your confidential communications, Nos. 6, 7, 8, 9, 10, and 11, have been duly received, submitted to the President, and by him considered. They relate to a subject of great importance, not only to the Hawaiian Government and its citizens, but also to the United States. The Government of the United States was the first to acknowledge the national existence of the Hawaiian Government, and to treat with it as an independent state. Its example was soon followed by several of the Governments of Europe; and the United States, true to its treaty obligations, has in no case interfered with the Hawaiian Government for the purpose of opposing the course of its own independent conduct, or of dictating to it any particular line of policy. In acknowledging the independence of the islands, and of the Government established over 100 HAWAIIAN ISLANDS. them, it was not seeking to promote any peculiar object of its own. What it did, and all that it did, was done openly in the face of day, in entire good faith, and known to all nations. It declared its real purpose to be to favor the establishment of a government at a very important point in the Pacific Ocean, which should be able to maintain such relations with the rest of the world, as are maintained between civilized states. From this purpose it has never swerved for a single moment, nor is it inclined, without the pressure of some necessity, to depart from it now, when events have occurred giving to the islands and to their intercourse with the United States a new aspect and increased importance. This Government still desires to see the nationality of the Hawaiian Government maintained, its independent administration of public affairs respected, and its prosperity and reputation increased. But while thus indisposed to exercise any sinister influence itself over the counsels of Hawaii, or to overawe the proceedings of its Government by the menace or the actual application of superior military force, it expects to see other powerful nations act in the same spirit. It is, therefore, with unfeigned regret that the President has read the correspondence and become acquainted with the circumstances occurring between the Hawaiian Government and M. Perrin, the commissioner of France at Honolulu. It is too plain to be denied or doubted that demands were made upon the Hawaiian Government by the French commissioner wholly inconsistent with its character as an independent state, demands which if submitted to in this case would be sure to be followed by other demands equally derogatory, not only from the same quarter, but probably also from other states, and this could only end in rendering the islands and their Government a prey to the stronger commercial nations of the world. It can not be expected that the Government of the United States could look on a course of things leading to such a result with indifference. The Hawaiian Islands are ten times nearer to the United States than to any of the powers of Europe. Five-sixths of all their commercial intercourse is with the United States, and these considerations, together with others of a more general character, have fixed the course which the Government of the United States will pursue in regard to them. The annunciation of this policy will not surprise the of Europe, nor be thought to be unreasonable by the nations of the civilized world, and that policy is that while the Government of the United States, itself faithful to its original assurance, scrupulously regards the independence of the Hawaiian Islands, it can never consent to see those islands taken possession of by either of the great commercial powers of Europe, nor can it consent that demands, manifestly unjust and derogatory and inconsistent with a bona fide independence, shall be enforced against that Government. The substance of what is here said has already been intimated with sufficient explicitness to the Government of France, and we have the assurance of his excellency, M. Sartiges, minister of the Republic of France near the United States, that that Government has no purpose whatever of taking possession of the islands or of acting towards them in any hostile or aggressive spirit. A copy of this letter will be placed in the hands of the French minister here; another copy will be transmitted to Paris; and another copy 101 HAWAIIAN ISLANDS. you will please to communicate to M. Perrin, the French commissioner; upon the appearance of any disposition on his part or on the part of any French naval commander in the Pacific Ocean to proceed to hostilities against the Government of Hawaii for the purpose of enforcing the demands which have been made upon it on the part of France. The Navy Department will receive instructions to place, and to keep, the naval armament of the United States in the Pacific Ocean in such a state of strength and preparation as shall be requisite for the preservation of the honor and dignity of the United States and the safety of the Government of the Hawaiian Islands. I have, etc., DANIEL WEBSTER. __________ [Unnumbered.] Mr. Webster to Mr. Severance. DEPARTMENT OF STATE, Washington, July 14, 1851. SIR: I have written you a regular official dispatch, setting forth the principles of policy which will be pursued by the administration here in whatever respects the Government of the Hawaiian Islands. I now write you a letter of private instructions, made necessary by suggestions contained in your communications by Lieut. Johnson. In the first place, I have to say that the war-making power in this Government rests entirely with Congress, and that the President can authorize belligerent operations only in the cases expressly provided for by the Constitution and the laws. By these no power is given to the Executive to oppose an attack by one independent nation on the possessions of another. We are bound to regard both France and Hawaii as independent states, and equally independent; and though the general policy of the Government might lead it to take part with either in a controversy with the other, still, if this interference be an act of hostile force, it is not within the constitutional power of the President, and still less is it within the power of any subordinate agent of Government, civil or military. If the Serieuse had attacked Honolulu, and thereupon the Vandalia had fired upon the Serieuse, this last act would have been an act of violence against France not to be justified, and , in fact, if not disavowed at Washington it would have been an act of war. In these cases, where the power of Congress can not be exercised beforehand, all must be left to the redress which that body may subsequently authorize. This you will constantly bear in mind. But, at the same time, it is not necessary that you should enter into these explanations with the French commissioner or the French naval commander. In my official letter of this date I have spoken of what the United States would do in certain contingencies. But in thus speaking of the Government of the United States I do not mean the executive power, but the Government in its general aggregate, and especially that branch of the Government which possesses the war-making power. This distinction you will carefully observe, and you will neither direct, request, 102 HAWAIIAN ISLANDS. or encourage any naval officer of the United States in committing hostilities on French vessels of war. Another leading topic in your communication is the proposed contingent surrender by the Government of the islands of their sovereignty to the United States or their annexation to this country. This is a very important question, and one which you will readily see rises above any functions with which you are charged. It may, indeed, be very proper for you in this case, as well as in all others, to communicate to your Government whatever the Government to which you are accredited desire to have so communicated; but it is very important that on a question involving such deep interests, both domestic and foreign, you should yourself altogether forbear expressing any opinion whatever to the Hawaiian Government. You will see by my official letter, which you are at liberty to communicate to that Government, the disposition of the United States to maintain its independence; beyond that you will not proceed. The act of contingent or conditional surrender, which you mention in your letter as having been placed in your hands, you will please to return to the Hawaiian Government. In this case the Government of the United States acts upon principles of general policy; it will protect its own rights. It feels a deep interest in the preservation of Hawaiian independence, and all questions beyond this, should they arise, must be considered and settled here by the competent authorities. You inform us that many American citizens have gone to settle in the islands; if so, they have ceased to be American citizens. The Government of the United States must, of course, feel an interest in them not extended to foreigners, but by the law of nations they have no right further to demand the protection of this Government. Whatever aid or protection might under any circumstances be given them must be given, not as a matter of right on their part, but in consistency with the general policy and duty of the Government and its relations with friendly powers. You will therefore not encourage in them, nor indeed in any others, any idea or expectation that the islands will become annexed to the United States. All this, I repeat, will be judged of hereafter, as circumstances and events may require, by the Government at Washington. I do not suppose there is any immediate danger of any new menaces from France; still less of any actual attack on the islands by her naval armament. Nevertheless you will keep us constantly and accurately informed of whatever transpires. Your account of the prosperity of the islands and the fiscal condition of its Government is interesting, and you can be hardly too full and particular in such statements. Mr. Allen is at present quite unwell at Boston. As soon as he is able he will return to his post. Lieut. Johnson will take this dispatch to Panama. If Mr. Allen's illness should continue for any length of time, which we hope may not be the case, Lieut.. Johnson will be directed to return without him. I have the honor, etc., DANIEL WEBSTER. 103 HAWAIIAN ISLANDS. Mr. Rives to Mr. Webster. No. 97.] LEGATION OF THE UNITED STATES, Paris, July 22, 1851. SIR: I inclose herewith the copy of a letter I received a few days ago at Vichy, from the minister of foreign affairs in answer to the one I addressed to him on the 8th instant, in relation to the Sandwich islands. You will observe that after expressing the painful surprise my communication had caused him, he states that the information which had been received in the United States respecting the pending measures and intentions of the French Government towards those islands, and on which your despatch No. 28 was founded, is erroneous; which he has instructed Monsieur de Sartiges to rectify in his communications with you at Washington, while he awaits my return to Paris to give me viva voce the same eclaircissemens here. I waited upon the minister of foreign affairs as soon as I returned, and after some moments of conversation on general topics he entered upon the subject of our recent correspondence. He said that he had been surprised and even pained at the apparent facility with which the Government of the United States had given credence to the rumors which had reached it respecting the supposed designs of France toward the Sandwich Islands; that there was in truth no real foundation for those rumors; that the French Government had ordered no hostile demonstrations whatever to sustain M. Perrin's mission to coerce the submission of the islands to its demands; that not having the advantage which both England and the United States possessed in the presence and controlling influence of natives of each of those countries in the Hawaiian councils, it might sometimes find it necessary to employ a more energetic tone of negotiation that neither of those powers to obtain an equal treatment with them, but that the Government of the United States might be assured that France would always respect the independence of these islands, which she had a common interest with other commercial nations in maintaining; and that nothing was more remote from her wishes or intentions in any event than to subject them to her dominion or to acquire territorial sovereignty over them. I told Monsieur Baroche that I should have great pleasure in communicating to you these explicit and honorable declarations on the part of the French Government; and having already presented to him in writing the views of the Government of the United States, as expressed in your dispatch of the 19th ultimo, I did not think it necessary to add anything further than to say that the rumors which he seemed to think had met with too easy a credence at Washington, had come through a semiofficial channel which it would have been difficult wholly to disregard. I will take this occasion to remark that there seems to have been an entire misconception on the part of Mr. Judd as to the nature of the instructions received from the Department of State, in June, 1850, respecting the controversy between France and the Hawaiian Government. In both of his letters, which accompanied your dispatch No. 28, he speaks of my being authorized to propose to the French Government the good offices of the United States for the adjustment of the controversy. It will be seen, however, on reference to the instructions addressed to me, that, without any proposal of the good offices of the United States for settling the matters in dispute, I was to take a "proper opportunity" in my intercourse with the minister of foreign affairs, "if circumstances, in my judgment, should warrant it," to 104 HAWAIIAN ISLANDS. intimate to him the deep interest which the United States have in maintaining the independence of the Sandwich Islands, and to employ the other topics of persuasive consideration suggest in those instructions "toward a satisfactory accommodation of the dispute;" all of which was to be done with "prudence," and without entering into the merits of the controversy between the French and Hawaiian authorities, on which the Department of State did not consider "the occasion as calling for the expression of an opinion." My understanding of these instructions at the time was manifested by my dispatch No. 49, acknowledging their receipt, to which you refer, and in which I say: I shall, in the exercise of the discretion they commit to me, profit of the first occasion which may seem suitable and proper to bring the views and considerations they suggest to the aid of an amicable adjustment of the difficulties between the Sandwich Islands and this Government without intruding officially or offensively in the controversy between the parties. These instructions were accordingly fulfilled in my conversations with Gen. de La Hitte, while he was minister of foreign affairs, as stated in my dispatch No. 95, being persuaded that if anything further were deemed necessary, I should receive instructions to that effect as soon as the occasion arose to call for them. I was the more convinced of the propriety of not going beyond the line of my original instructions, until it should plainly become my duty to do so, because I saw evidences of an undue anxiety on the part of the British Government, as represented here, to put us forward in an invidious and delicate office which might compromise our friendly relations with France, when that government itself was particularly required and called upon by the joint engagement entered into by France and England on the 28th November, 1843, for the mutual respect of the independence of the Sandwich Islands, to take the iniative on the occasion, and also because I had every reason to believe from the declarations of Gen. de La Hitte that there was no design on the part of the French Government to menace or endanger their independence. I have the honor, etc., W. C. RIVES. ____________ Mr. Rives to Mr. Webster. No. 109.] LEGATION OF THE UNITED STATES, Paris, October 30, 1851. SIR: After disposing of the particular object of my call, Monsieur Viel-Castel took occasion to remark to me in a friendly , but at the same time very earnest, tone that the Government of the Republic had been very much annoyed by the consequences, as it had been sensibly wounded by the manner of the intervention of the Government of the United States in their difficulties with the Sandwich Islands. He said that since the communication you had addressed to the commissioner of the United States in the islands had been known there, the Hawaiian authorities had refused absolutely to listen to any of the demands of the French Government, and made no other reply to the French consul than that if those demands were pressed they would immediately put themselves under the protectorate of the United States. He further observed that all they asked or wished of the Ha- 105 HAWAIIAN ISLANDS. waiian Government was a fair and substantially equal treatment of their commerce, navigation, and the religion of their citizens, relatively to that which the same interests of England and the United States enjoyed; that the French Government had never had the slightest intention of pursuing any measures toward the Sandwich Islands inconsistent with a just respect of their independence; that after the receipt of the letter I had addressed to the minister of foreign affairs in July last, Monsieur de Sartiges had been instructed to give you the fullest and most formal assurances to that effect; but if they had known at the time, or could have anticipated, the course which was pursued by the Government would not have permitted them, in such circumstances, to give the frank and unreserved explanations which had been authorized. He spoke of the manner in which the interposition of the United States had taken place as being unusual and wounding (blessante ) to the dignity of the French Government, referring, as I understood him, to the circumstance of a communication on the subject being first addressed to the commissioner of the United States, and immediately afterwards made known by a circular to all the members of the diplomatic corps at Washington. He said it so happened that the first information of the proceeding reached them through the English legation here, which was very prompt to communicate it. He alluded, also, to the circumstance that the United States had been invited to become a party to the convention concluded between France and England in 1843 for mutually respecting the independence of Sandwich Islands, but the invitation had been declined, a circumstance which, he thought, should protect France from the suspicion of having improper designs upon the independence of the islands. Mr. Viel-Castel concluded by saying that in the position in which they were now placed by the proceedings of the Government of the United States it was not possible they could ask of us our good offices in bringing about an arrangement of their difficulties with the Sandwich Islands, but he trusted the United States itself would be prompted by its own sense of justice and a feeling of common friendship for both parties to use its influence with the Hawaiian Government to extend an equal treatment in the spirit of its treaty obligations to French interests with those of other nations. I report to you without comment these observations of M. Viel-Castel, with as near a conforming to his own language as I have been able to attain. You will best appreciate their bearing and importance on the points which seemed most to touch the susceptibility of the French Government. I made such observations to him in reply as, without departing from the position taken by the Government of the United States, seemed best calculated to exhibit it in a friendly and conciliatory aspect. In this spirit (considering the preservation of the ancient friendly relations between the two countries as a matter of the highest importance to both, and, indeed, to all mankind) I have hitherto endeavored to conduct my official intercourse with this Government, and I am happy to say that I have always found it reciprocated in the fullest measure by the public authorities here. I have the honor, etc., W. C. RIVES. 106 HAWAIIAN ISLANDS. Mr. Marcy to Mr. Mason. No. 3.] DEPARTMENT OF STATE, Washington, December 16, 1853. JOHN MASON, Esq., etc.: SIR: Recent accounts from the Sandwich Islands represent that the political affairs of the Hawaiian Government were in an unsettled state and some changes of high official men had been made. The political agitations were in a great measure composed at the date of the last dispatches from our commissioner, but while they existed the question of transferring the sovereignty of these islands to the United States was much discussed. As it was to be expected, the representatives of Great Britain and France at Honolulu were disturbed by the agitation of this question and used all their influence to repress the rising sentiment of annexation to this country. I have good reason for believing that both Great Britain and France feel much solicitude in relation to the future destiny of the Sandwich Islands and are very unwilling to see them become a territory of the United States. Their respective ministers near this Government have had several conferences with me on that subject in which they appeared to be desirous of getting assurances that this Government would take no measures to acquire the sovereignty of these islands or accept it if voluntarily offered to the United States. Their language to me leaves it doubtful in my mind how far Great Britain and France intend to go in preventing such a transference of them to this country. I am satisfied that these powers will do what they can short of a resort to actual force to defeat that object. Their ministers, particularly the minister of France, labored to impress me with the belief that such a transfer would be forcibly resisted; but I do not believe that these transfer would be forcibly resisted; but I do not believe that these Governments would go to that extreme length unless there should be something in the manner of acquiring the islands which would afford a plausible pretense for such an interference. The object in addressing you at present is to request you to look into this matter and ascertain, if possible, without making it a matter of direct discussion, what would probably be the course of France in case of an attempt on the part of the United States to add these islands to our territorial possessions by negotiation or other peaceable means. I do not think the present Hawaiian Government can long remain in the hands of the present rulers or under the control of the native inhabitants of these islands, and both England and France are apprised of our determination not to allow them to be owned by or to fall under the protection of either of these powers or of any other European nation. It seems to be inevitable that they must come under the control of this Government, and it would be but reasonable and fair that these powers should acquiesce in such a disposition of them, provided the transference was effected by fair means. It has been intimated that Russia takes an interest in the destiny of the Sandwich Islands, and even has an eye on them for herself. I do not doubt that she would prefer that they should remain as they are rather than see them under the control or in the possession of either Great Britain, France, or the United States, but it is scarcely probable that she would actively interfere in the matter. As to England and France, a different conclusion may be adopted. The views of the French Government, and the part it would take in case the United 107 HAWAIIAN ISLANDS. States should accept or acquired fairly the sovereignty of these islands I hope you will be able to ascertain, and will apprise your Government thereof. I am, sir, respectfully, your obedient servant, W. L. MARCY. __________ TO THE SENATE OF THE UNITED STATES: I transmit to the Senate a report from the Secretary of State, with accompanying papers, in answer to their resolution of the 2d instant. FRANKLIN PIERCE. WASHINGTON, March 3, 1854. ________ TO THE PRESIDENT OF THE UNITED STATES: The Secretary of State, to whom was referred the resolution of the Senate of the 2d instant, requesting the President to communicate to that body, if not incompatible with the public interest, "copies of all correspondence between the Governments of the United States and Great Britain in regard to the Sandwich Islands, including copies of all communications between the Secretary of State and Mr. Fox, the British minister, during the years 1843 and 1844, in regard to the independence of those islands, and especially of the letters of Mr. Fox to Mr. Upshur of the 25th of June, 1843, and of Mr. Upshur to Mr. Fox of the 5th of July, 1843; also a copy of any protest or other communication from the King of the Sandwich Islands to this Government in regard to the seizure of those islands by Lord George Paulet, commander of Her Britannic Majesty's ship Carysfort, and of any reply of this Government thereto," has the honor to lay before the President the papers mentioned in the subjoined list. Respectfully submitted. W. L. MARCY. DEPARTMENT OF STATE, Washington, February 15, 1854. __________ LIST OF ACCOMPANYING PAPERS. Mr. Everett to Mr. Webster, July 1, 1842, extract. King Kamehameha III to the President, March 10, 1843, copy. Mr. Webster to Mr. Everett, March 23, 1843, copy. Mr. Everett to Mr. Webster, March 28, 1843, extract. Mr. Everett to Mr. Legare, June 1, 1843, extract. Mr. Everett to Mr. Legare, June 3, 1843, copy. Mr. Legare to Mr. Everett, June 13, 1843, extract. Mr. Everett to Mr. Legare, June 14, 1843, extract. Mr. Fox to Mr. Upshur, June 25, 1843, copy. Mr. Everett to Mr. Legare, July 1, 1843, extract. Mr. Upshur to Mr. Fox, July 5, 1843, copy. Mr. Everett to Mr. Upshur, August 15, 1843, extract. Mr. Everett to Mr. Upshur, September 28, 1843, extract. Mr. Everett to Mr. Nelson (with inclosure), April 24, 1844, copy. 108 HAWAIIAN ISLANDS. Mr. Everett to Mr. Webster. [Extract.] No. 16.] LEGATION OF THE UNITED STATES, London, July 1, 1842. DANIEL WEBSTER, Esq., Secretary of State: SIR: * * * * * * * * Mr. Brinsmade, the commercial agent of the United States to the Sandwich Islands, lately arrived here. He is intrusted with letters from the King of those islands to the sovereigns of Great Britain and France, of purport similar to that of which he was the bearer to the President. I introduced him to Mr. Addington, under secretary of state, who appeared to take an interest in his errand. * * * * * * * * I am, sir, with the highest respect, your obedient servant, EDWARD EVERETT. _______________ Kamehameha III to the President. 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 H. B. M. ship Carysfort, then lying in the harbor of Honolulu, with a threat of coercive measures in case of non-compliance 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 British 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 British 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 of Great Britain in these islands. 109 HAWAIIAN 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 decisions 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 upon 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. Compliance having been thus procured to the foregoing demands, others were successively 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 alternatives 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 difficuities 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 a heavy heart 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 Britannic 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 exer- 110 HAWAIIAN ISLANDS. cised 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 and 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 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 tenth day of March, anno Domini one thousand eight hundred and forty-three. By your good friend, [L.S.] KAMEKAMEHA. KEKAULURKI, Premier. ____________ Mr. Webster to Mr. Everett. No. 34.] DEPARTMENT OF STATE, Washington, March 23, 1843. EDWARD EVERETT, Esq., etc.: SIR: The course adopted by this Government in regard to the Sandwich islands has for its sole object the preservation of the independence of those islands and the maintenance by their Government of an entire impartiality in their intercourse with foreign states. The United States desire to exercise no undue influence or control over the Government of the islands, nor to obtain from it any grant of exclusive privileges whatever. This was solemnly declared in the President's message to Congress, and it is declared also in the instructions given to Mr. Brown, of which you will received herewith a copy. The President would exceedingly regret that suspicion of a sinister purpose of any kind on the part of the United States should prevent England and France from adopting the same pacific, just, and conservative course towards the Government and people of this remote, but interesting group of islands. I am, sir, etc., DANL. WEBSTER. 111 HAWAIIAN ISLANDS. [Extract.] Mr. Everett to Mr.. Webster. No. 34.] LONDON, March 28, 1843. DANIEL WEBSTER, Esq., Secretary of State. SIR: * * * * * * * * Lord Aberdeen told me the other day that he had signified to the French ambassador that England could not agree to any encroachment on the Sandwich Islands, and the Count de Ste. Aulaire replied that none was contemplated. Lord Aberdeen added that this Government would distinctly recognize the independence of these islands and presume France would do the same. He hoped our missionaries would abstain from all attempt to exercise political influence. * * * * * * * * I am, sir, with great respect, your obedient servant, EDWARD EVERETT. _____________ Mr. Everett to Mr. Legare. [Extract.] No. 40.] LONDON, June 1, 1843. H. S. LEGARE, Esq., Secretary of State: SIR: * * * * * * * * The immediate object of my interview with Lord Aberdeen was to make inquiry relative to a report contained in the papers of the week, that the sovereignty of the Sandwich islands had been ceded to the Queen of Great Britain, and possession taken by Lord George Paulet, of the ship of war Carysfort, the British officer commanding in those seas. This report will no doubt have attracted your notice; and following so closely after the official recognition of the independence of these islands by the United States and Great Britain herself is well calculated to produce uneasiness and suprise, and in this light I spoke of it to Lord Aberdeen. He said they were entirely without information on the subject beyond what the newspapers contained and had no other reason to believe in the fact of the occupation. He could only say, at present, that if any such thing had taken place it was entirely without authority or instructions, as I could easily infer from the recent official recognition of the independence of the islands by Great Britain, which was made known to me at the time. I observed to Lord Aberdeen that, of course, if the islands had been thus without authority taken possession of, the act would be immediately disavowed by Her Majesty's Government. He said it might not be proper for him, in the absence of all information, under an entire ignorance of what had been done, to pledge the Government to any course; but he was quite willing to say that the intelli- 112 HAWAIIAN ISLANDS. gence had produced no change in the opinions and feelings which led him to advise the recognition, and that he still remained without the least wish for any addition to their colonial possessions. He told me they had several times declined to accept the sovereignty of different groups of islands in the Pacific which had beed offered to them. If the report was founded in truth, he thought the cession might have proceeded from apprehensions on the part of the government of the Sandwich Islands that the French were meditating also the occupation of that group and that aversion to the French might have led them, in the absence of Mr. Richards, to wish to place themselves under British protection. I told Lord Aberdeen that I had understood from a private source of information that the Hawaiian Commissioners at Washington had offered to place the islands under the protection of the United States; that I could not vouch for the truth of the report, but that if the offer were made it was certainly, as he was aware, declined. In reference to the reserve with which he had spoken of giving up the islands, if possession as reported had been taken of them, Lord Aberdeen said this reserve was only in majorem cautelam, in consideration of his total ignorance of the circumstances of the case, and not because his opinions and feelings as to the expediency of the measure were at all varied by the rumored fact of the occupation. On my remarking that in one version of the newspaper report the cession was said to have been accepted by Lord George Paulet in full satisfaction for demands of compensation for injuries sustained by British subjects from the Government of the Sandwich Islands, he said he was not acquainted with any such demands and should be doubly unwilling to sanction a cession made on that basis. Upon the whole, when I reflect how distinctly and how recently this Government is pledged to the United States, to France, and to the Sandwich Islands themselves to recognize their independence I can not doubt that the act of the commander of the Carysfort will be readily disavowed. * * * * * * * * I am, sir, respectfully, your obedient servant, EDWARD EVERETT. _____________ Mr. Everett to Mr. Legare. No. 41.] LONDON, June 3, 1843. H. S. LEGARE, Esq., Secretary of State: SIR: At a late hour last evening I received a note from the Earl of Aberdeen requesting an interview at noon this day, at which he informed me that since he saw me last he had received a dispatch from Mr. Doyle, the British charge d'Affaires at Mexico, dated April 24, transmitting a printed and evidently authentic paper, in which the particulars of the "provisional cession" of the Sandwich Islands to Great Britain are set forth. Lord Aberdeen allowed me to read Mr. Doyle's dispatch and the printed paper, and also read to me the dispatch which he had himself prepared to Mr. Fox on the subject, and the papers accompanying it. As these documents will be communicated to you, I do not know that there is anything left for me to say, Lord Aberdeen's oral communication being but a repetition and amplification of the contents of his dispatch to Mr. Fox and his letter of last October 113 HAWAIIAN ISLANDS. to the commissioners of the Sandwich Islands. He said the account in the printed paper was a confused and not very intelligible affair, and his only reason for any reserve in expressing himself on the subject arose from the fact that Lord George Paulet was one of the most discreet and judicious officers of their navy, and could not, he thought, have acted without better grounds than might be inferred from the printed accounts. It will perhaps be in my power, by the next steamer, to give your further information on the subject. I am, sir, very respectfully, your obedient servant, EDWARD EVERETT. ___________ Mr. Legare to Mr. Everett. [Extract.] No. 46.] DEPARTMENT OF STATE, Washington, June 13, 1843. EDWARD EVERETT, Esq., etc.: SIR: * * * * * * * * It is well known that our settled policy is the strictest nonintervention in what does not immediately concern us that we accept governments de facto as governments de jure, and that above all we have no wish to plant or to acquire colonies abroad. Yet there is something so entirely peculiar in the relations between this little commonwealth and ourselves that we might even feel justified, consistently with our own principles, in interfering by force to prevent its falling into the hands of one of the great powers of Europe. These relations spring out of the local situation, the history, and the character and institutions of the Hawaiian Islands, as well as out of the declarations formally made by this Government during the course of the last session of Congress, to which I beg leave to call your particular attention. If the attempts now making by ourselves, as well as by other Christian powers to open the markets of China to a more general commerce be successful, there can be no doubt but that a great part of that commerce will find its way over the Isthmus. In that event it will be impossible to overate the importance of the Hawaiian group as a stage in the long voyage between Asia and America. But without anticipating events which, however, seem inevitable, and even approaching the actual demands of an immense navigation, make the free use of those roadsteads and ports indispensable to us. I need not remind you, who are in so peculiar manner related to that most important interest, commercial and political, that our great nursery of seamen, the whale fishery, has for years past made this cluster of islands its rendezvous and resting place. it seems doubtful whether even the undisputed possession of the Oregon Territory and the use of the Columbia River, or indeed anything short of the acquisition of California (if that were possible), would be sufficient indemnity to us for the loss of these harbors. Independently, however, of these paramount considerations, it is impossible that any enlightened American acquainted with what his countrymen have done to make this people worthy of their mission, which ought to be hospitality to the flags of all nations navigating that F R 94--APP II------8 114 HAWAIIAN ISLANDS. ocean, can regard without lively sympathy their present unfortunate situation. All accounts seem to concur in representing this tribe, especially its chiefs, as having been within the last twenty-five years raised from a brutally savage state to a condition which may be fairly called civilized. This is the work of Christianity, and it seems to me a touching instance of the beneficent influence of the common religion of all the Great Powers that it had thus prepared an asylum for them all amidst the dangers of that vast ocean and concentrated it by its own peaceful spirit to a perpetual neutrality. it was with this view that we heartily concurred, so far as our good offices went, in promoting the objects of the mission sent to us last winter, one of the results of which was the message of the President already referred to. You are, therefore, requested to use your best endeavors to prevent the consummation of any purpose of conquest that England may possibly have conceived. France is interested in cooperating with us to the same end. Unfortunately there are embarrassments in the way of her doing so, at least of her doing so with all the effect that would otherwise attend the intervention of so conspicuous a power in favor of so great an interest of the whole Christian world. Still, her ministers may be moved to do something. You may, at least, if occasion serve, sound their ambassador in London. Russia has also a special interest in it, if she looks with any solicitude to her settlements on the northwest coast. Might you not enlist her Government in the same cause? On the whole, however, the better opinion seems to be that what Lord George Paulet has done will be disavowed. * * * * * * * * I have the honor to be, with sincere respect, sir, your obedient humble servant, H. S. LEGARE. __________