No. 22.
U. S.
Commercial Agency,
Oahu, Sandwich
Islands, March 7,
1843.
Sir: I have the honor to inform you of the
arrival at these islands of the British frigate Carysfort, Capt. Lord Geo. Paulet, on the 11th ultimo,
dispatched from San Bias by Admiral Thomas to inquire into certain
charges alleged against this Government by Mr. Charlton, late English
consul for these islands. Copies of the correspondence which took place
between Capt. Paulet and His Majesty the King are herewith inclosed.
The nature of the demands made by Capt. Paulet were such as rendered it
utterly impossible for the King to comply with them without completely
subverting the established laws of the land and sacrificing the
interests of many citizens of the United States, resident here, by
setting aside decisions of juries in cases in which they were
interested. In this dilemma he chose the only alternative proffered by
Capt. Paulet, which was to cede the islands to Great Britain;
accordingly a provisional cession was made, a copy of which I have the
honor to inclose to you.
I would, observe in regard to the first of the demands made by Capt.
Paulet, that the attachment on the property of Mr. Charlton was made by
virtue of a judgment rendered against him in the regular established
courts of these islands. The Government, however, fearing that the
result of an immediate prosecution of the judgment might be construed
into an infringement on the privileges claimed by ministers, simply
caused the sheriff to issue public notice that the property could not be
transferred, by which measure the full occupation and enjoyment of the
property was secured to Mr. Charlton. Not the shadow of a loss,
therefore, was sustained by him in consequence of the proceedings.
By the second demand it will be perceived that Capt. Paulet denies the
right which this Government claims, in common with other nations, of
receiving or rejecting consuls or their agents, even when good and
sufficient cause for rejection can be adduced.
The punishment of foreigners who have committed crimes by putting them in
irons has only occasionally been resorted to, to prevent offenders
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from leaving the port; indeed so
slack has the Government become in awarding punishment to merited
offenders (foreigners) that I have formally declared to the governor of
this island that, unless some reform should take place in that
particular, I should feel it my duty to represent it to Com. Jones of
the Pacific squadron.
The promise made by the King to Capt. Jones, referred to in the fourth
demand, has been moat religiously complied with, and the parties
interested in the matter having voluntarily left their case with Sir
George Simpson as arbitrator, the business has been fully and definitely
settled, and is now only brought forward among other equally frivolous
charges in order to swell the amount of “grievances” of British
subjects.
In an interview between Mr. Simpson and the King, after he had formally
acceded to the demands made by Capt. Paulet, he, Mr. Simpson, demanded
that new trials should be granted in every instance in which decisions
had been made affecting British subjects, since Mr. Charlton, the late
consul, left, and this he contended was granted him by the King in
acceding to the two last demands made by Capt. Paulet. The King,
overwhelmed with this and similar unjust and exorbitant demands, gave up
in despair. The final result of the business terminated in the
provisional cession of the islands, before referred to.
I have thus briefly reviewed the character of the “demands” made on this
Government by Capt. Paulet under the direction of Mr. Simpson; of the
injustice of them no one conversant with the facts for a moment
doubts.
I would observe in passing that Lord Paulet is a young man of whose
intellectual capacities very little can be said, and could the
Government of Great Britain be induced to send out a commission for the
purpose of instituting an inquiry into the causes which led him to
pursue the course he has, the result would by no means be creditable to
him. Such a commission the King most devoutly wishes might be sent, and
it is intended, I learn, to solicit the Governments of France and the
United States to use their influence in bringing it about.
The geographical situation of the islands is such as to render it highly
desirable that they should be neutral and their ports accessible at all
times, in peace or war, by vessels of every nation.
Of their value to American interests the Department must be fully aware
from repeated communications and returns from this agency.
A census of American citizens resident at these islands taken under my
direction gives the number of 404, a large proportion of which are more
or less interested in landed property, and they are not a little
solicitous as to the national character they shall have to assume in
order to retain their estates, should the islands become British
territory. So, also, in regard to the titles of their estates, a
majority of which are held simply by the right of gift from some chief,
now deceased, to some person, also deceased, and from whom the estate
has passed without that formality which an English court of law would
deem requisite in order to establish a valid title.
It will be perceived on referring to the King’s letter of February 18,
(No. 7) to Capt. Paulet, that he complies with his demands only under
protest; this was undoubtedly done with the hope of exciting the
sympathies of foreign governments, but are there not other
considerations which should induce the Government of the United States
to exert its influence to secure the recognition of the independence of
these islands by the European powers.
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The subject is, indeed, one which deserves the profound consideration of
the Government.
The British commissioners have assessed an additional duty of 1 per cent
on all merchandise imported after this date.
I have the honor to be, etc.,
Wm. Hooper,
Acting U. S. Commercial Agent.
To the Hon. Daniel Webster,
Secretary of State, Washington City.
Her
Britannic Majesty’s Ship Carysfort,
Woahoo, February 11, 1843.
Sir: Having arrived at this port, in her
Britannic Majesty’s ship Carysfort, under my
command, for the purpose of affording protection to British
subjects, as likewise to support the position of Her Britannic
Majesty’s representative here, who has received repeated insults
from the Government authorities at these islands, respecting which
it is my intention to communicate only with the King in person.
I require to have immediate information by return of the officer
conveying this dispatch whether or not the King (in consequence of
my arrival) has been notified that his presence will be required
here, and the earliest day on which he may be expected, as otherwise
I shall be compelled to proceed to his residence, in the ship under
my command, for the purpose of communicating with him.
I have the honor to be, sir, your most obedient servant,
To Kekuanoa,
Governor of Woahoo, etc.
[Translated by G. P. Judd, translator
to the Government.]
Honolulu, Oahy, February 11, 1843.
Salutations to you, Lord George Paulet, captain of Her Britannic
Majesty’s ship Carysfort.
I have received your letter by the hand of the officer, and, with
respect, imform you that we have not as yet sent for the King, as we
were not informed of the business, but, having learned from your
communication that you wish him sent for, I will search for a vessel
and send.
He is at Wailuku, on the eastern side of Maui. In case the wind is
favorable he may be expected in six days.
Yours, with respect,
Her
Britannic Majesty’s Ship Carysfort,
Honolulu Harbor, February 16, 1843.
Sir: I have the honor to acquaint your
Majesty of the arrival in this port of Her Britannic Majesty’s ship,
under my command, and, according
[Page 48]
to my instructions, I am desired to demand a
private interview with you, to which I shall proceed with a proper
and competent interpreter. I therefore request to be informed at
what hour to-morrow it will be convenient for your Majesty to grant
me that interview.
I have the honor to remain your Majesty’s
Most obedient and humble servant,
To His Majesty Kamehameha III.
Honolulu, February 17,
1843.
Salutations to you, Lord George Paulet, Captain of Her Britannic
Majesty’s ship Carysfort.
Sir: We have received your communication of
yesterday’s date, and must decline having any private interview,
particularly under the circumstances which you propose. We shall be
ready to receive any written communication from you to-morrow, and
will give it due consideration.
In case you have business of a private nature, we will appoint Dr.
Judd our confidential agent to confer with you, who, being a person
of integrity and fidelity to our Government, and perfectly
acquainted with all our affairs, will receive your communications,
give you all the information you require (in confidence), and report
the same to us.
With respect,
- Kamehameha III.
- Kekaulouhi.
I hereby certify the above to be a faithful translation,
G. P. Judd,
Translator and Interpreter for the
Government.
Her
Britannic Majesty’s Ship Carysfort,
Woahoo, February 17, 1843.
Sir: In answer to your letter of this day’s
date (which I have too good an opinion of your majesty to allow me
to believe ever emanated from yourself, but from your ill-advisers)
I have to state that I shall hold no communication whatever with Dr.
G. P. Judd, who, it has been satisfactorily proved to me, has been
the punic mover in the unlawful proceedings of your Government
against British subjects.
As you have refused me a personal interview, I inclose you the
demands which I consider it my duty to make upon your Government,
with which I demand a compliance at or before 4 o’clock p.m.
to-morrow (Saturday); otherwise I shall be obliged to take immediate
coercive steps to obtain these measures for my countrymen.
I have the honor to be your majesty’s most obedient, humble
servant,
His Majesty Kamehameha III.
[Page 49]
Demand made by the Right Honorable Lord George
Paulet, captain, R. N., commanding Her Britannic M. Ship
Carysfort, upon the King of the Sandwich Islands.
- First. The immediate removal by public advertisement, written
in the native and English languages and signed by the governor
of this island and F. W. Thompson, of the attachment placed upon
Mr. Charlton’s property, the restoration of the land taken by
the Government for its own use and really appertaining to Mr.
Charlton, and reparation for the heavy loss to which Mr.
Charlton’s representatives have been exposed by the oppressive
and unjust proceedings of the Sandwich Island Government.
- Second. The immediate acknowledgment of the right of Mr.
Simpson to perform the functions delegated to him by Mr.
Charlton, namely, those of Her Britannic Majesty’s acting consul
until Her Britannic Majesty’s pleasure be known upon the
reasonablness of your objections to him, the acknowledgment of
that right, and the reparation for the insult offered to Her
Majesty through her acting representative, to be made by a
public reception of his commission and the saluting the British
flag with twenty-one guns, which number will be returned by Her
Britannic Majesty’s ship under my command.
- Third. A guarantee that no British subject shall in future be
subjected to imprisonment in fetters, unless he is accused of a
crime which by the laws of England would be considered a
felony.
- Fourth. The compliance with a written promise given by King
Kamehameha to Capt: Jones, of Her Britannic Majesty’s ship Curar coa, that a new and a fair trial
would be granted in a case brought by Henry Skinner, which
promise has been evaded.
- Fifth. The immediate adoption of firm steps to arrange the
matters in dispute between British subjects and natives of the
country or others residing here, by referring these cases to
juries, one-half of whom shall be British subjects, approved of
by the consul, and all of whom shall declare on oath their
freedom from prejudgment upon or interest in the case brought
before them.
- Sixth. I direct communication between His Majesty Kamehameha
and her Britannic Majesty’s acting consul for the immediate
settlement of all cases of grievance and complaint on the part
of British subjects against the Sandwich Island
Government.
Dated on board her Britannic Majesty’s
ship at Woahoo
this 17th day of
February.
George Paulet,
Captain.
Salutations to Right Honorable Lord George Paulet, captain of Her
Britannic Majesty’s ship Carysfort.
We have received your letter and the demands which accompanied, and
in reply would inform your lordship that we have commissioned Sir
George Simpson and William Richards as our ministers plenipotentiary
and envoys extraordinary to the court of Great Britain, with full
powers to settle the difficulties which you have presented before
us; to assure Her Majesty the Queen of our uninterrupted affection
and confer with her ministers as to the best means of cementing the
harmony between us.
Some of the demands which you have laid before us, are of a nature
calculated seriously to embarrass our feeble Government, by
contravening
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the laws
established for the benefit of all. But we shall comply with your
demands as it has never been our intention to insult Her Majesty the
Queen or injure any of her estimable subjects; but we must do so
under protest, and shall embrace the earliest opportunity of
representing our case more fully to her Britannic Majesty’s
Government through our ministry.
Trusting in the magnanimity of the sovereign of a great nation whom
we have been taught to respect and love, that we shall there be
justified.
Waiting your further order with sentiments of respect,
I hereby certify the above to be a faithful translation.
G. P. Judd,
Translator for the
Government.
Her
Britannic Majesty’s Ship Carysport,
Woahoq, February 18, 1843.
Sir: I have had the honor to acknowledge
Your Majesty’s letter of this day’s date, wherein you intimate your
intention of complying with my demands, which I have considered my
duty to make on Your Majesty’s Government, I appoint the hour of 2
o’clock this afternoon for the interchange of salutes, and I shall
expect that you will inform me at what hour on Monday you will be
prepared to receive myself and Her Britannic Majesty’s
Representative.
I have the honor to be Your Majesty’s most obedient humble
servant,
His Majesty Tamehameha III.
Honolulu, Oahu, February 18, 1843.
Salutations to Lord George Paulet, captain of Her Britannic Majesty’s
ship Carysfort.
I have received your communication and make known to you that I will
receive yourself and Her Britannic Majesty’s representative on
Monday, the 20th of February, at 11 o’clock a.m.
Yours respectfully,
I hereby certify the above to be a faithful translation.
G. P. Judd,
Translator for the
Government.
Her
Britannic Majesty’s Ship Carysfort,
Woahoo, February 17, 1843.
Sir: I have the honor to notify you that
Her Britannic Majesty’s ship Carysfort, under
my command, will be prepared to make an immediate attack upon this
town at 4 p.m. to-morrow (Saturday) in the event of the demands now
forwarded by me to the King of these islands not being complied with
by this time.
I have the honor to be, etc.,
[Page 51]
Captain Long,
Commanding U. S. S. Boston, Honolulu:
Where are you, chiefs, people and commons from my ancestor, and
people from foreign lands!
Hear ye! I make known to you that I am in perplexity by reason of
difficulties into which I have been brought without cause;
therefore, I have given away the life of our land, hear ye! But my
rule over you, my people, and your privileges will continue, for I
have hope that the life of the land will be restored when my conduct
is justified.
Done at Honolulu,
Oahu, this twenty-fifth day of February,
1843.
Kamehameha
III
Kekauluohi
.
Witness,
John D. Paalua.
I hereby certify the above to be a faithful translation.
G. P. Judd,
Recorder and Translator for
Government
In consequence of the difficulties in which we find ourselves
involved, and our opinion of the impossibility of complying with the
demands in the manner in which they are made by Her Britannic
Majesty’s representative upon us, in reference to the claims of
British subjects, we do hereby cede the group of islands known as
the Hawaiian (or Sandwich) Islands, unto the Bight Honorable Lord
George Paulet, captain of her Britannic Majesty’s ship of war Carysfort, representing Her Majesty,
Victoria, Queen of Great Britain and Ireland, from this date, and
for the time being: the said cession being made with the reservation
that it is subject to any arrangements that may have been entered
into by the representatives appointed by us to treat with the
Government of Her Britannac Majesty; and in the event that no
agreement has been executed previous to the date hereof subject to
the decision of Her Britannic Majesty’s Government on conference
with the said representatives appointed by us; or in the event of
our representatives not being accessible, or not having been
acknowledged, subject to the decision which Her Britannic Majesty
may pronounce on the receipt of full information from us, and from
the Right Honorable Lord George Paulet.
In confirmation of the above we hereby
affix our names and seals this twenty-fifth day of February, in the
year of our Lord, one thousand eight hundred and
forty-three, at Honolulu, Oahu, Sandwich
Islands.
- Kamehameha III.
- Kekauluohi.
Signed in the presence of—
G. P. Judd,
Recorder and Translator for the
Government.
[Page 52]
A provisional cession of the Hawaiian or Sandwich Islands having been
made this day by Kamehameha III, King, and Kekauluohi, premier
thereof, unto me, the Right Honorable Lord George Paulet, commanding
Her Britannic Majesty’s ship Carysfort, on
the part of Her Britannic Majesty, Victoria, Queen of Great Britain
and Ireland; subject to arrangements which may have been made or
shall be made in Great Britain with the Government of Her Britannic
Majesty, I do hereby proclaim,
- First. That the British flag shall be hoisted on all the
islands of the group, and the natives thereof shall enjoy the
protection and privileges of British subjects.
- Second. That the government thereof shall be executed, until
the receipt of communications from Great Britain, in the
following manner, namely: By the native King and chiefs and the
officers employed by them, so far as regards the native
population, and by a commission consisting of King Kamehameha
III, or a deputy appointed by him, the Bight Honorable Lord
George Paulet; Duncan Forbes Mackay, esquire, and Lieut. Frere,
R. N., in all that concerns relations with other powers (save
and except the negotiations with the British Government), and
the arrangements among foreigners (others than natives of the
Archipelago) resident on these islands.
- Third. That the laws at present existing or which may be made
at the ensuing council of the king and chiefs (after being
communicated to the commission) shall be in full force so far as
natives are concerned: and shall form the basis of the
administration of justice by the commission in matters between
foreigners resident on these islands.
- Fourth. In all that relates to the collection of the revenue,
the present officers shall be continued at the pleasure of the
native King and chiefs, their salaries for the current year
being also determined by them, and the archives of Goverment
remaining in their hands; the accounts are, however, subject to
inspection by the commission heretofore named. The Government
vessels shall be in like manner subject, however, to their
employment if required for Her Britannic Majesty’s
service.
- Fifth. That no sales, leases, or transfers of land shall take
place by the action of the commission appointed as aforesaid,
nor from natives to foreigners, during the period intervening
between the 24th of this month and the receipt of notification
from Great Britain of the arrangements made there; they shall
not be valid, nor shall they receive the signatures of the King
and premier.
- Sixth. All the existing and bona fide engagements of the
native King and premier shall be executed and performed as if
this cession had never been made.
Given under my hand this 25th day of
February, in the year of our Lord 1843 at
Honolulu, Oahu, Sandwich
Islands.
George Paulet,
Captain of H. B. M. S.
Carysport
Signed in the presence
of
G. P.
Judd,
Recorder and Interpreter to
the Government.
Alexr. Simpson,
H. B. M. Acting Consul.
