Anglo-Hawaiian treaty.
[Extracts.]
article iii.
The two contracting parties hereby agree that any favor, privilege, or
immunity whatever, in matters of commerce or navigation, which either
contracting party has actually granted, or may hereafter grant, to the
subjects or citizens of any other state, shall 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,
or 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 iv
No other or higher duties shall be imposed on the importation into the
dominions of Her Britannic Majesty, of any article the growth, produce,
or manufacture of the Hawaiian Islands, and no other or higher duties
shall be imposed on the imporation into the Hawaiian Islands of any
article, the growth, produce, or manufacture of Her Britannic Majesty’s
dominions, than are or shall be payable on the like article, being the
growth, produce, or manufacture of any other foreign country. Nor shall
any other or higher duties or charges be imposed, in the territories of
either of the contracting parties, on the exportation of any article to
the territories of the other, than such as are or may be payable on the
exportation of the like article to any foreign country. No prohibition
shall be imposed upon the importation of any article the growth,
produce, or manufacture of the territories of either of the two
contracting parties, into the territories of the other, which shall not
equally extend to the importation of the like articles, being the
growth, produce, or manufacture of any other country. Nor shall any
prohibition be imposed upon the exportation of any article from the
territories of either of the two contracting parties to the territories
of the other, which shall not equally extend to the exportation of the
like article to the territories of all other nations.
article v.
No other or higher duties or charges on account of tonnage, light or
harbor dues, pilotage, quarantine, salvage in case of damage or
shipwreck, or any other local charges, shall be imposed in any of the
ports of the Hawaiian Islands on British vessels than those payable in
the same ports by Hawaiian vessels; nor in the ports of Her Britannic
Majesty’s territories on Hawiian vessels than shall be payable in the
same ports on British vessels.
article vi.
The same duties shall be paid on the importation of any article which is
or may be legally importable into the Hawaiian Islands, whether such
importation shall be in Hawaiian or British vessels; and the same duties
shall be paid on the importation of any article which is or may be
legally importable into the dominions of Her Britannic Majesty, whether
such importation shall be in British or Hawaiian vessels.
The same duties shall be paid, and the same bounties and drawbacks
allowed, on the exportation of any article which is or may be legally
exportable from the Hawaiian Islands, whether such exportation shall be
in Hawaiian or British vessels; and the same duties shall be paid, and
the same bounties and drawbacks allowed, on the exportation of any
article which is or may be legally exportable from her Britannic
Majesty’s dominions, whether such shall be in British or in Hawaiian
vessels.
article xvii.
In order that the two contracting parties may have the opportunity of
hereafter treating and agreeing upon such other arrangements as may tend
still further to the improvement of their mutual intercourse, and to the
advancement of the interest of their respective subjects, it is agreed
that at any time after the expiration of seven years from the date of
the exchange of the ratifications of the present treaty, either of the
contracting parties shall have the right of giving to the other party
notice of its intention to terminate Articles IV, V, and VI of the
present treaty; and that at the expiration of twelve months after such
notice shall have been received by either party from the other, the said
articles and all the stipulations contained therein shall cease to be
binding on the two contracting parties.
[Page 525]
Letter of Lord Tenterden to Mr. Carter.
Foreign Office, December 28, 1877.
Sir: The draft of declaraion inclosed in
your letter of the 17th instant has been carefully considered. The
stipulations in limitation of provisions for most-favored nation
treatment proposed in that draft do not, however, correspond with
the terms of the third paragraph of the declaration with Roumania of
the 30th of November, 1876; that paragraph refers only to matters
affecting border districts, which from time immemorial have been
treated as exceptional in the relations of European powers with
Turkey. It does not, as your proposal is understood to do, apply to
such international arrangements as reciprocity treaties. Your
present proposal, if rightly understood to apply to reciprocity
treaties, is, in effect, the same as the method of dealing with the
question which you previously suggested and which Her Majesty’s
Government regret they cannot entertain. For in dealing with this
question, Her Majesty’s Government have to consider the proposed
declaration not only as regards the relation between Great Britain
and the Hawaiian Islands, but likewise in its bearings upon the
commercial relations and engagements of this country with foreign
states generally.
On general grounds, therefore, Her Majesty’s Government are unable to
accept a declaration in these terms. Lord Derby has stated to you
verbally, and in a formal manuer in his lordship’s note of the 25th
of October, the friendly sentiments of Her Majesty’s Government
towards Hawaii. They are willing, as you have been informed, to
accept fully any statements which you have made in regard to the
reciprocity treaty with the United States, and they have no wish
that those friendly sentiments should be affected by that treaty.
But apart from the treaty there are two matters with regard to which
Her Majesty’s Government may have ground for complaint—namely,
first, the recent augmentation of duties, if it is maintained, upon
goods the produce or manufacture of the United Kingdom; and,
secondly, the unnecessary denunciation of Articles V and VI of the
treaty of the 10th July, 1851, when the only point in discussion is
the first paragraph of Article IV. Her Majesty’s Government are
willing to accept your assurances that the Hawaiian Government will
propose to the legislature the repeal of those augmentations.
As regards the second matter to which I have adverted, I would
mention that Her Majesty’s Government have hitherto, in the hope of
satisfactory arrangement being come to, refrained from making any
public announcement of the denunciation by the Hawaiian Government
of Articles IV, V, and VI of the treaty of 1851. In the present
position of affairs this announcement cannot be longer delayed, and
I would suggest for your consideration whether, in order to lessen
its effect, you would withdraw the denunciation of Articles V and
VI, which, if I rightly understood your verbal explanation, the
Hawaiian Government do not really wish to terminate. As the purpose
for which we entered into private communication does not seem likely
to be accomplished, I would suggest that your further letters should
be addressed to Lord Derby.
I have the honor to be, sir, your most obedient, humble servant,
Carter’s declaration to the Anglo-Hawaiian
treaty of July, 1851.
Certain relations of proximity having led to regulations for the
importation into the ports of the United States of America of
certain articles, the growth, produce, and manufacture of the
Hawaiian Islands, and into the ports of the Hawaiian Islands, the
growth, produce, or manufacture of the United States of America, by
special stipulations of a treaty now in force, and which may be
renewed, said stipulations being in no manner connected with the
existing regulations of customs and duties in general, the two high
contracting parties hereto being desirous of removing from their
commercial relations all ambiguity on subjects of discussion, have
agreed that the fourth Article of the anglo-Hawaiian treaty of 1851,
of which this article shall form a part, shall not be held
applicable to the exceptions in the general tariff of customs and
duties resulting therefrom or from any conventions or treaty of
reciprocity between the Hawaiian Islands and any other neighboring
country in or bordering upon the Pacific Ocean. It is further
agreed, that during the existence of any such convention or treaty
of reciprocity the customs and duties levied in the ports of the
Hawaiian Islands upon the following goods, being the growth,
produce, or manufacture of Her Britannic Majesty’s dominions, shall
not exceed ten per cent. ad valorem viz.: Plain cottons, printed
cottons, hardware, iron and steel manufactures, saddlery, machinery,
woolen goods (other than ready-made clothing); and further that all
other articles being the growth, produce, or manufacture of Her
Britannic Majesty’s dominions, and all articles the growth, produce,
or manufacture of the Hawaiian Islands, which can be legally
imported into the ports of the respective countries, shall be
entitled in said ports to any exemptions, except as provided in such
treaties, as accorded in any way to like articles the growth,
produce, or manufacture of any other nation.
[Page 526]
The present additional article shall take effect as soon as it shall
have been ratified by Her Majesty and His Majesty the King of the
Hawaiian Islands and said ratifications shall have been exchanged,
and shall be considered as a part of said Anglo-Hawaiian treaty of
July, 1851, having the same force and effect as if it had been
inserted when that treaty was made.
Ratifications of this article shall be exchanged within six months of
this date, or as soon as possible, in the city of London.
French treaty, 8th
September, 1858.
[extract.]
article xxv.
It is formally agreed between the two contracting parties that,
besides the preceding stipulations, the diplomatic and consular
agents, the subjects of every class, the ships, the cargoes, and the
merchandise of either of the two states shall enjoy in full right in
the other the franchises, privileges, and immunities of every kind
granted to or which may be hereafter granted in favor of the most
favored nation; and this gratuitously if the concession be
gratuitous, or with the same compensation if the concession be
conditional.
It is specially stipulated that the postal arrangements concluded in
Honolulu on the 24th of November, 1853, and which regulate the
exchange of correspondence between the Society Islands and the
Hawaiian Archipelago, and reciprocally, shall be maintained; and
that the two contracting parties reserve to themselves only the
right of modifying the details thereof, in the proportion and
measure that hereafter necessity may point out.
Honolulu, April 18, 1867.
My Dear Sir: In conformity with your
request, I transmit to you a résumé of
the conversation we had at my office on the 15th instant. In
answer to your inquiry as to the objects of the mission of the
minister of finance in the United States, I stated to you that
he was instructed to propose to negotiate a special reciprocity
convention on the basis of that agreed upon in 1855 between the
Hawaiian and American plenipotentiaries in Washington, but
subsequently rejected by Congress.
I added that should any objection be made to treat on that basis,
in view of our increased production of sugar, His Majesty’s
plenipotentiary was instructed to negotiate on the basis of a
reduced rate of duties, and to give up other Hawaiian produce if
necessary, saving and excepting sugar.
In regard to the denunciation of our treaty with the United
States for the purpose of striking out the 7th article, you
remarked to me that that clause being inserted in our treaties
with England Sweden, and Norway, our present action in
Washington implied a similar one in London and Stockholm, to
which I assented, stating that such were our intentions and that
I would at no distant day so notify you officially.
In answer to your question how far the conclusion of a special
reciprocity convention with the United States would affect the
importation of articles of British manufacture, and how far in
my opinion the parity clause applied to such a convention, I
replied that an answer to the first part of the question could
not be given until we knew exactly ourselves what the United
States Government would claim in exchange for the admission of
our produce, either free of duties or at a reduced rate, but
that the convention, if agreed upon in Washington, had to
receive the ratification of the King and would have to be
discussed in the Legislative Assembly, since by the twenty-ninth
article of our constitution treaties involving changes in the
tariff have to be referred for approval to the said Legislative
Assembly, as to the effect of the parity clause, I stated to you
that I understood it to secure to Great Britain the right of
claiming the same advantages given in such a case to the United
States on her conceding the same compensation, but not
otherwise. The rest of our conversation does not appear to me to
come within the scope of this memorandum; should, however, my
memory be at fault, and should any omission of importance occur
to you, be pleased to point it out to me, and I will be happy to
repair it.
Believe me, my dear sir, very sincerely, yours,
To J. H. Wodehouse,
Her Britannic Majesty’s Commissioner,
&c.
