Foreign Relations of the United States, 1894, Appendix II, Affairs in Hawaii
Mr. Ten Eyck to Commodore Jones.
Honolulu , August 31, 1849 .
Sir: On Saturday last, the 25th inst., I reached this place on my return from California, just in time to witness the landing of a body of armed men from the French frigate the Poursuivant and the French steamer Gassendi.
It seems that the Admiral de Tromedin had arrived here about the 18th instant from Callao, and the day after the steamer arrived from Tahiti. Under the advice of M. Dillon, the resident French consul, the admiral requested an audience of the King for the purpose of discussing certain differences existing between the French consul and the, King’s Government. This request the King, by the advice of his ministers, refused. The admiral then, as I understand it, made ten formal demands in writing upon the King’s Government and gave them three, days to consider and accede to them, advising the King that if they were not complied with within that time he should land a force and take possession of the fort and other Government property. The Government refused compliance with the admiral’s demands, and accordingly, on Saturday last, at 3 p.m., he landed a force and took possession of the fort, the custom-house, and the Honolulu House (where the ministers have their offices). He also took possession of the Government schooner, the Kamehameha, and all the small craft in port under the Sandwich Islands flag. All this was done without the slightest opposition being offered by the authorities, the Government, in fact, having ordered that no resistance should be made to any proceedings instituted or conducted by the French forces.
Thus matters continued until Wednesday last, when the French guards were withdrawn from the custom-house and the Honolulu House, and all the vessels seized, except the Government schooner, were released. During this day the marines in possession of the fort amused themselves by destroying the powder, the large and small firearms, and whatever property they could find, and towards evening finally marched out and returned on board their vessels. While the French forces were on shore a deputation from the Government visited the admiral on board the steamer, but without any favorable result.
M. Dillon had only on Saturday placed his family on board the steamer, and at 3 p.m. hauled down the flag of the consulate, and himself went on board the same vessel. This was the signal for the landing of the French forces.
The demands made by the admiral, the response of the Government, and all the correspondence is, I understand, in process of publication; as soon as I can procure a copy I will forward it. I understand from Mr. Turrill, our consul, that this Government have furnished him manuscript copies, which, with a protest sent by him to the admiral, against his proceedings, he will forward you and the Secretary of State.
M. Dillon and family leave for France in the admiral’s ship early next week, via San Francisco. I forward this by him. What the result of this proceeding on the part of the French forces maybe, or what effect it may have upon the future political interests and independence of this Government, is a matter of uncertainty.
I fear it will tend to hasten the consummation of the intrigues of Mr. Wyllie, the King’s minister of foreign relations, and General Miller, [Page 73] the English consul-general, by inducing the King, ere long, to place himself under the protection of the English. Dr. Judd and the American missionaries will, I believe, counsel this course rather than permit the King to submit to any exactions conflicting with his and their views and policy. During all this proceeding, and while negotiations were being attempted, the English consul-general was constantly consulted and his advice generally followed by the Islands authorities.
Mr. Turrill having failed to put me in possession of the papers received by him from this Government, or of copies of his correspondence relating to these difficulties, although I had requested them from him, I am unable to express any opinion upon the merits of the controversy between the French and the Sandwich Islands Government.
So far as the conduct of the French in destroying the Government property in the fort is concerned, I do not hesitate to condemn it.
The Preble is still here. Capt. Glynn will, of course, report to you the condition of his crew. It must be anything but encouraging, judging from what I have seen and hear of their sickness. The French steamer will leave for Tahiti, taking the King’s schooner in company, at the same time that the frigate sails for San Francisco.
I have the honor, etc.,
P. S.—I have opened this to say that the United States revenue brig C. W. Lawrence, Capt. Fraser, has just arrived, forty-five days from Valparaiso.
Honolulu , September 4, 1849 .
Sir: Rear-Admiral Tromelin arrived here on the 13th August, in the frigate La Poursuivante. The French steamer Gassendi entered this port on the day following.
The admiral, on his first arrival, evinced a most friendly disposition, and it was for a while confidently believed that, notwithstanding the embittered feelings of the consul of France, no hostile demonstrations would be made. It was soon apparent, however, that the admiral had placed himself under the control of the consul and would be merely an instrument in his hands.
On the 22d of last month demands were made upon this Government jointly by the admiral and the consul. On the 25th this Government sent answers to these demands, declining to comply with the same. On the afternoon of that day troops were landed, the fort taken possession of, and a guard stationed around two public buildings. No opposition whatever was made to the troops. The French held the fort until the 30th, when they abandoned it, ‘destroying everything connected therewith, and doing much damage to the governor’s house and the furniture in it.
During the time the fort was thus occupied by the French unavailing efforts were made, through the medium of commissioners, to effect an amicable settlement of existing difficulties.
I herewith inclose a copy of the correspondence between Admiral Tromelin and myself, also a copy of the proceedings between this Government [Page 74] and the admiral and consul, so far as they have been printed. I also send a copy of a letter addressed to me by the minister of foreign affairs, in relation to the mediation of the President of the United States, and my answer to the same.
H. B. M. consul-general protested in strong terms against the proceedings of the admiral, and three consuls of the smaller powers also remonstrated against the same. The course taken by the consuls no doubt had a very beneficial effect. Supposing that you may receive a communication upon that subject, I send herewith a copy of the correspondence between Mr. Ten Eyck and myself.
It has ever been the desire and aim’ of this Government, I beleive, to observe faithfully all the provisions of the treaty with France, and they have undoubtedly done so. Why, then, have these demands been made? To one residing here, who has noticed passing events attentively for a year or two past, this question is by no means difficult of solution. Soon after his arrival in Honolulu, the consul of France set on foot certain political intrigues, the object of which was to eject from office one of the King’s ministers, for the purpose, as is confidently believed, of providing a place for himself. Failing in these efforts he became embittered against the King’s advisers, and seemed determined to gratify his feelings at the expense of this nation.
The assault made by the admiral upon this weak, this Christian nation, was unprovoked, and admits of no excuse. There is not one paliating circumstance attending it. When the facts and circumstances connected therewith shall be fully known, the whole civilized world will place upon it the mark of condemnation.
I have the honor to be, very respectfully, your obedient servant,
- J. Turrill.
- Hon. John M.
Clayton,
Secretary of State, Washington, D. C.
La Poursuivante,
Naval Station of the French Republic in the Pacific Ocean,
Honolulu , August 23, 1849 .
Mr. the Consul: The Hawaiian Government, especially in latter times, violated the treaty concluded between France and the Sandwich Islands in a manner which requires a prompt and complete reparation, which divers acts of which some French citizens have been the victims render still indispensable.
I have taken, in concert with Mr. the consul of the French Republic in the Sandwich Islands, all the measures compatible with the dignity of France to obtain an amicable arrangement, but the obstinacy of the Hawaiian Government appeared to wish to force me to make use of the means at my disposal to oblige it to understand the voice of reason and justice.
In this circumstance and agreeably to the conclusions of the ultimatum sent by me, in concert with Mr. the Consul Dillon, I have the honor of advising you that the delay for the Hawaiian Government to make its answer known will expire on August 25, instant, Saturday, at 3 p.m., after which delay, if the Government of His Majesty Kamehameha [Page 75] III does not give me a complete satisfaction, it will only remain for me to reclaim by force what I have demanded at first through the pacific way of correspondence, and which I have not been able to obtain by means of a conference, which has been refused to me.
In informing you of their disposition, Mr. the Consul, I ought to give you here the assurance that the French Republic neither looks to an occupation or a protectorate of the Hawaiian archipelago, but to a complete reparation. I shall give the necessary orders that, in the case of hostilities taking place, the commerce of American proprietors shall be respected as ought to be that of a friendly nation.
I have the honor to invite you to make these dispositions known to your fellow citizens, in order that they may take from this day the necessary measures, on their part, to put themselves out of the risk of all hazards that may result from the operations which I may have to order against Honolulu.
I pray you to acknowledge the receipt of this notification.
Mr. the Admiral, commander-in-chief of the naval station of the French Republic in the Pacific ocean.
To Mr. the Consul of the United States of America in the Sandwich Islands, at Honolulu.
Honolulu , August 24, 1849 .
Sir: I did myself the honor this morning of acknowledging the receipt of yours of yesterday and in doing so I took occasion to remark that I would reply to your communication as soon as I could procure a correct translation of the same.
As far as I have been able to do so, I have communicated the contents of your letter to my countrymen, but I can not well advise them what to do, as I am not made acquainted with the nature of the hostile measures, if any, that are to be used. If the town is to be bombarded, it will be necessary for them to remove their families and valuable effects, to places of safety; but I do not wish to have them put to the great expense and inconvenience of doing so unless the course you may ultimately take shall render that necessary.
Since the receipt of your letter, I have examined with much care the several demands which, in connection with the consul of France, you have thought proper to make upon the Hawaiian Government, and I have heretofore read attentively the voluminous correspondence of France and this Government in relation to the claims upon which those demands rest.
By that correspondence I am informed that as early as last April a large proportion of those claims, and I believe all that had then been agitated, were, by a resolution of the King in council, referred for final adjustment “direct to the minister of foreign affairs of France,” and, although the fact be not material to perfect the case, I will add that it appears from the same correspondence that the consul of France assented to that reference.
I am also advised from a source entitled to full credit that some months ago—the exact time I do not recollect—the King appointed a special commissioner to proceed to France for the express purpose of effecting an amicable adjustment of those claims. This reference, beyond all question, removed the claims direct to France for settlement, [Page 76] and placed them entirely beyond the jurisdiction of the consul or of any other subordinate agent of the French Republic.
But, viewing the case as disconnected with the reference, I beg leave to remark that I have searched through the whole of that correspondence in vain to discover a single instance in which either the letter or the spirit of the existing treaty has been violated by the Hawaiian Government. If there be such an instance, the consul of France has failed to point it out.
The demands which have been thus made upon this Government are, in my judgement, in direct opposition to the plain provisions of the treaty, and the enforcing them in the manner indicated would be a palpable violation of the law of nations.
As the course you have advised me that circumstances may induce you to pursue must of necessity seriously affect the great American interests connected with these islands, it becomes my imperative duty as a representative of the United States to interpose my solemn protest against it, which I now do, and I shall lose no time in communicating to the President of the United States the facts and circumstances attending this case.
With the ardent hope that the pending difficulties may yet be amicably disposed of,
I have the honor to remain, sir, etc.,
-
J. Turrill,
United States Consul. -
Legoarant de
Tromelin,
Rear-Admiral and Commander-in-Chief of the Naval Forces of the Republic of France in the Pacific Ocean.
The Poursuivante,
Naval Station of the French Republic in the Pacific Ocean, off Honolulu , the 25th August, 1849 .
Mr. the Consul: In acknowledging receipt of your letter of yesterday’s date, I have the honor of testifying to you the surprise which its perusal has occasioned to me. I had not only not given you any communication of my demands on the Hawaiian Government, but further, the policy of the American Government made it your duty to not interfere officially in our affairs with the administration of His Majesty Kamehameha III, for you know as well as I that the United States of America has made it to themselves a law of not mixing ever in the affairs of other nations, and especially those of France, their ancient and their most faithful ally.
I ought to advise you that I believe it to be my duty to communicate your precited dispatch to the Government of the French Republic.
I renew to you, Mr. the Consul, the assurance of my very distinguished consideration.
The rear admiral, commander-in-chief of the naval forces of the French Republic in the Pacific Ocean,
To Mr. the Consul of the United States of America in the Sandwich Islands, Honolulu.
For the Hawaiian Islands,
Honolulu , August 27, 1849 .
Sir: I have the honor to acknowledge the receipt of yours of the 25th instant, a translation of which was not obtained in time to give it an answer on Saturday, the day it bears date.
You are right in supposing it not to be the policy of the United States to mix in the affairs of other nations. But when a case like the one under consideration occurs, and I clearly see that the course military power is to take against this weak nation must greatly injure my countrymen and seriously embarrass the extensive American commerce connected with these islands, it becomes my duty so far to interfere officially as to interpose my protest; and in doing so I doubt not my course will meet the entire approbation of the President of the United States.
I have the honor to remain, sir, etc.,
- J. Turrill.,
-
Legorant de
Tromelin,
Rear-Admiral and Commander in Chief of the Naval Forces of the French Republic in the Pacific Ocean.
August 25, 1849 .
separate and urgent.]
Sir: The King, my master, commands me to convey to you, for your information, and that of your Government, the inclosed copies of the peremptory demands made on the 22d instant by the admiral and the consul of France, and of the replies to the same, which I have sent by His Majesty’s command.
It is not believed that any consequences can justly ensue endangering the lives and properties of American citizens, which His Majesty will protect, so long as His Sovereign authority and the empire of his laws are respected. When that period ceases, His Majesty’s power to protect will cease also, and it will be for you, as consul of the United States, representing that Government, to act as you may consider to be necessary.
It may be of importance for you to know that by command of the King I addressed, on the 22d instant, by the James Monroe a request in His Majesty’s name, through his special commissioner, James Jackson Jarves, esquire, for the friendly mediation of his excellency the President of the United States with the Government of France, in regard to all demands made or that may be made upon the Government by the consul and admiral of the French Republic, and to obtain this favor the King commands me to request your good offices.
With the highest respect, etc.,
- R. C. Wyllie.
-
Joel Turrill Esq.,
United States Consul, etc.
P. S.—In case His Excellency the President of the United States should be objected to as a mediator, or decline to act as such, a similar note, with a similar intent, is now passed to H. B. M. consul-general. The King engages to ratify and abide by the award of His Excellency [Page 78] the President of the United States, or of the British Government, acting either solely or jointly upon all points that may not be agreed upon between the French Government and the King’s special commissioner. James Jackson Jarves, esq.
Honolulu , August 25, 1849 .
Sir. I have the honor of acknowledging the receipt of your despatch bearing even date herewith, inclosing copies “of the peremptory demands made on the 22d instant by the admiral and the consul of France, and of the replies to the same,” and informing me that you had by command of the King, on the 22d of this month, addressed a request in His Majesty’s name, through his special commissioner, James Jackson Jarves, esq., for the friendly mediation of His Excellency the President of the United States with the Government of France, in regard to all demands made or that may be made upon this Government by the consul and admiral of the French Republic, and to obtain this favor the King commands you to request my “good offices.” You also inform me that a similar note has been addressed by you to H. B. M. consul-general, soliciting the mediation of England, stating that the King engages to ratify and abide by the award of the President of the United States or of the British Government, acting either solely or jointly on all points that may not be agreed upon between the French Government and the King’s special commissioner. You may assure His Majesty the King, that I will cheerfully do anything in my power to aid in bringing about an amicable adjustment of existing difficulties, and for that purpose shall lose no time in sending to the President of the United States a copy of your despatch, accompanied with such remarks as I may deem necessary.
I received a letter from Rear-Admiral Legoarant de Tromelin on the 24th instant, bearing date the 23d, in which he states that “the Hawaiian Government, especially in latter times, violated the treaty conducted between France and the Sandwich Islands in a manner which requires a prompt and complete reparation, which divers acts, of which some French citizens have been the victims, render still indispensable.”
And the admiral advised me, among other things, that unless the Hawaiian Government should comply with the ultimatum sent by him in concert with the consul of France, by 3 o’clock p.m. this day, that force would be used.
Believing that the admiral had been misinformed in relation to the violation of the treaty, and knowing that the use of force for the purpose and in the manner indicated by him would greatly injure American commerce in the Pacific Ocean, I expressed in decided terms in my answer to the admiral’s letter, which bears date of the 24th instant, the opinion that neither the letter nor spirit of the treaty had been violated by the Hawaiian Government, and I protested against the enforcing of the demands in the manner indicated by the admiral.
I shall lose no time in making the President of the United States fully acquainted with the course I have taken in relation to the proceedings of the admiral and the consul of France.
I have the honor to be, etc.,
His Excellency R. C. Wyllie,
Minister of Foreign Relations, etc.,
Honolulu.
A treaty of friendship, commerce, and navigation, between the United States of America and Sis Majesty the King of the Hawaiian Islands, concluded at Washington, 20th December, 1849—Ratified 4th February, 1850—Exchanged 24th August, 1850—Proclaimed 6th November, 1850.
Whereas a treaty of friendship, commerce, and navigation, between the United States of America and His Majesty the King of the Hawaiian Islands, was concluded and signed at Washington on the twentieth day of December, in the year of our Lord one thousand eight hundred and forty-nine, the original of which treaty is, word for word, as follows:
The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a treaty of friendship, commerce, and navigation, for which purpose they have appointed plenipotentiaries, that is to say: The President of the United States of America, John M. Clayton, Secretary of State of the United States, and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his special commissioner to the Government of the United States, who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles.
Article I.
There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors.
Article II.
There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. No duty of customs or other impost shall be charged upon any goods the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind the produce or manufacture of or imported from any other country; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage that the subjects or citizens of any other state shall not enjoy any favor, privilege, or immunity whatever, in matters of commerce and navigation, which shall not also at the same time be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favor of that other state shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.
Article III.
All articles the produce or manufacture of either country, which can legally be imported into either country from the other, in ships of that other country, and thence coming, snail, when so imported, be subject to the same duties and enjoy the same privileges, whether imported in ships of the one country or in ships of the other 5 and, in like manner, [Page 80] all goods which can legally be exported or reëxported from either country to the other, in ships of that other country, shall, when so exported or reëxported, be subject to the same duties and be entitled to the same privileges, drawbacks, bounties, and allowances, whether exported in ships of the one country or in ships of the other; and all goods and articles, of whatever description, not being of the produce or manufacture of the United States, which can be legally imported into the Sandwich Islands, shall, when so imported in vessels of the United States, pay no other or higher duties, imposts, or charges than shall be payable upon the like goods and articles when imported in the vessels of the most favored nation, other than the nation of which the said goods and articles are the produce or manufacture.
Article IV.
No duties of tonnage, harbor, light-houses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels.
Article V.
It is hereby declared that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another situated in the States of either contracting party, such navigation and trade being reserved exclusively to national vessels.
Article VI.
Steam vessels of the United States, which may be employed by the Government of the said States in the carrying of their public mails across the Pacific Ocean, or from one port in that ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public mail service of the United States, and shall be subject;, in such ports, to no duties of tonnage, harbor, light-houses, quarantine, or other similar duties, of whatever nature or under whatever denomination.
Article VII.
The whale ships of the United States shall have access to the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina, which only are ports of entry for all merchant vessels; and in all the above-named ports they shall be permitted to trade or barter their supplies of goods, excepting spirituous liquors, to the amount of two hundred dollars ad valorem for each vessel, without paying any charge for tonnage or harbor dues of any description, or any duties or imposts whatever upon the goods or articles so traded or bartered. They shall also be permitted, with the like exemption from all charges for tonnage and harbor dues, further to trade or barter, with the same exception as to spirituous liqnors, to the additional amount of [Page 81] one thousand dollars ad valorem for each vessel, paying upon the additional goods and articles so traded and bartered no other or higher duties than are payable on like goods and articles when imported in the vessels and by the citizens or subjects of the most favored foreign nation. They shall also be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments; but they shall not discharge their seamen of land their passengers in the said islands, except at Lahaina and Honolulu; and in all the ports named in this article the whale ships of the United States shall enjoy, in all respects whatsoever, all the rights, privileges, and immunities which arenjoyed by, or shall be granted to, the whale ships of the most favoree foreign nation. The like privilege of frequenting the three ports of the Sandwich Islands above named in this article, not being ports of entry for merchant vessels, is also guarantied to all the public armed vessels of the United States. But nothing in this article shall be construed as authorizing any vessel of the United States having on board any disease usually regarded as requiring quarantine to enter, during the continuance of such disease on board, any port of the Sandwich Islands other than Lahaina or Honolulu.
Article VIII.
The contracting parties engage, in regard to the personal privileges, that the citizens of the United States of America shall enjoy in the dominions of His Majesty the King of the Hawaiian Islands, and the subjects of his said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the states of the two high contracting parties, subject to the same precautions of police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warehouses, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hindrance or obstacle; and their heirs or representatives, being subjects or citizens of the other contracting party, shall succeed in their personal goods, whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at will, paying to the profit of the respective Governments such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And, in case of the absence of the heir and representative, such care shall be taken of the said goods as would be taken of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the Government of the respective states. The citizens or subjects of the contracting parties shall not be obliged to pay, under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid, by the subjects or citizens of the most favored nations, in the respective [Page 82] states of the nigh contracting parties. They shall be exempt from all military service, whether by land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence, shall be respected. No arbitrary search of or visit to their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts of their trade, shall be made; but such measures shall be executed only in conformity with the legal sentence of a competent tribunal; and each of the two contracting parties engages that the citizens or subjects of the other residing in their respective states shall enjoy their property and personal security in as full and ample manner as their own citizens or subjects, or the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries, respectively.
Article IX.
The citizens and subjects of each of the two contracting parties shall be free in the States of the other to manage their own affairs themselves, or to commit those affairs to the management of any persons whom they may appoint as their broker, factor, or agent; nor shall the citizens and subjects of the two contracting parties be restrained in their choice of persons to act in such capacities; nor shall they be called upon to pay any salary or remuneration to any person whom they shall not choose to employ.
Absolute freedom shall be given in all cases to the buyer and seller to bargain together and to fix the price of any goods or merchandise imported into, or to be exported from, the States and dominions of the two contracting parties, save and except generally such cases wherein the laws and usages of the country may require the intervention of any special agents in the States and dominions of the contracting parties. But nothing contained in this or any other article of the present treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, further than such sale may be allowed by the Hawaiin laws.
Article X.
Each of the two contracting parties may have, in the ports of the other, consuls, vice-consuls, and commercial agents of their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; but if any such consuls shall exercise commerce, they shall be subject to the same laws and usage to which the private individuals of their nation are subject in the same place. The said consuls, vice-consuls, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand the said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said consuls, vice-consuls, or commercial agents, and may be confined in the public [Page 83] prisons, at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. The agents, owners, or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities, shall be required to take or send away such deserters from the States and dominions of the contracting parties, or give such security for their good conduct as the law may require. But if not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offence, their surrender may be delayed until the tribunal before which their case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect.
Article XI.
It is agreed that perfect and entire liberty of conscience shall be en joyed by the citizens and subjects of both the contracting parties, in the countries of the one and the other, without their being liable to be disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction.
Article XII.
If any ships of war or other vessels be wrecked on the coasts of the States or Territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored with the least possible delay to the proprietors, upon being claimed by them or by their duly authorized factors; and, if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian consul or vice-consul in whose district the wreck may have taken place; and such consul, vice-consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country.
Article XIII.
The vessels of either of the two contracting parties which may be forced by stress of weather or other cause into one of the ports of the other shall be exempt from all duties of port or navigation paid for the [Page 84] benefit of the State, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the subsistence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge.
Article XIV.
The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other, provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial if the crime had there been committed; and the respective judges and other magistrates of the two Governments shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.
Article XV.
So soon as steam or other mail packets under the flag of either of the contracting parties shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post-offices of those ports all mailable matter, and to forward it as directed, the destination being to some regular post-office of either country, charging thereupon the regular postal rates as established by law in the territories of either party receiving said mailable matter, in addition to the original postage of the office whence the mail was sent. Mails for the United States shall be made up at regular intervals at the Hawaiian post-office, and dispatched to ports of the United States, the postmasters at which ports shall open the same, and forward the inclosed matter as directed, crediting the Hawaiian Government with their postage as established by law, and stamped upon each manuscript or printed sheet.
All mailable matter destined for the Hawaiian Islands shall be received at the several post-offices in the United States and forwarded to San Francisco, or other ports on the Pacific coast of the United States, whence the postmasters shall dispatch it by the regular mail packets to Honolulu, the Hawaiian Government agreeing on their part to receive and collect for and credit the Post-Office Department of the United States with the United States’ rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall, in all cases, be prepaid. The respective Post-Office Departments of the contracting [Page 85] parties shall in their accounts, which are to be adjusted annually, be credited with all dead letters returned.
Article XVI.
The present treaty shall be in force from the date of the exchange of the ratifications, for the term of ten years, and further, until the end of twelve months after either of the contracting parties shall have given notice to the other of its intention to terminate the same, each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term often years or at any subsequent term.
Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same, and the harmony and good correspondence between the two Governments shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation.
Article XVII.
The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by His Majesty the King of the Hawaiian Islands, by and with the advice of his privy council of state, and the ratification shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner, if possible.
In witness whereof the respective plenipotentiaries have signed the same in triplicate and have thereto affixed their seals.
Done at Washington, in the English language, the twentieth day of December, in the year one thousand eight hundred and forty-nine.
John M. Clayton, [seal.]
James Jackson Jarves. [seal.]
And whereas the said treaty has been duly ratified on both parts and the respective ratifications of the same were exchanged at Honolulu on the 24th day of August last, by Charles Bunker, consul of the United States at Lahaina, and R. C. Wyllie, minister of foreign relations of His Majesty the King of the Hawaiian Islands, on the part of their respective governments:
Now, therefore, be it known that I, Millard Fillmore, President of the United States, have caused the said treaty to be made public, to the end that the same, and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
[l. s.]
By the President:
W. S.
Derrick,
Acting Secretary of
State