Mr. Calhoun to Mr. Brown.

No. 4.]

Sir: Your dispatches to No. 16, inclusive, have been received. It is to be regretted that a case like that of Mr. John Wiley, to which the last principally relates, should have occurred so soon after the recognition of the Hawaiian Government by that of the United States, Your course in regard to it is approved by the President, who concurs in the views which you express. Notwithstanding the United States have no treaty stipulation with the Government of the islands, they can not, under the circumstances, consent that the privilege of being tried by a jury of foreigners shall be withheld from our citizens while it is accorded [Page 68] to the subjects of Great Britain and Prance. We have every reason to expect our citizens shall have, in the dominions of that Government, the same privileges as the citizens or subjects of the most favored nation. You will accordingly communicate these views to the minister for foreign affairs and repeat, in the name of the Government of the United States, your firm protest against the proceedings of the Hawaiian authorities in regard to Mr. Wiley, assuring him in the strongest terms that the United States will not submit to discrimination so unjust in their nature and so unfriendly in spirit as respects their citizens, and that the Government of the islands will be held responsible for all damages which may have been sustained in this case, or which may hereafter be sustained by citizens of the United States under similar circumstances.

The United States, if it be desired by the Hawaiian Government, are willing to enter into treaty stipulations on the basis of those now existing between it and Great Britain, and I herewith transmit to you full powers to conclude such a convention. But it is to be understood that the treaty is not to bar the claim for damages in the case of Mr. Wiley (if any have been sustained), nor of any citizen or citizens of the United States for injuries accruing prior to its ‘adoption, should it be made. I have further to say that if Great Britain or France should hereafter consent, in cases involving the rights of their respective citizens, to a trial by jury de mediatate lingua, the United States would be willing to make the same concession. But, whether there be or be not treaty stipulations between us and the Islands, the United States can never consent that their citizens should be put on any other footing than those of the most favored nations.

I have the honor to be, with highest respect, sir, your obedient servant,

J. C. Calhoun.

Treaty of peace, amity, and commerce between France and the Sandwich Islands, signed at Honolulu, March 26, 1846.

Time having shown the expediency of substituting a general treaty for the various conventions mutually concluded heretofore by France and the Sandwich Islands, the French and Hawaiian Governments have mutually agreed upon the following articles, and have signed them, after acknowledging and decreeing that all other treaties and conventions now existing between the contracting parties, shall be hereafter considered as void and of no effect.

  • Article 1. There shall be perpetual peace and friendship between His Majesty the King of the French and the King of the Sandwich Islands, and between their heirs and successors.
  • Art. 2. The subjects of His Majesty the King of the French, residing in the possessions of the King of the Sandwich Islands, shall enjoy, as to civil rights, and as regards their persons and their property, the same protection as if they were native subjects, and the King of the Sandwich Islands engages to grant them the same rights and privileges as those now granted, or which may be granted hereafter, to the subjects of the most favored nation.
  • Art. 3. Any Frenchmean accused of any crime or offense shall be [Page 69] tried only by a jury composed of native residents, or of foreigners proposed by the consul of France, and accepted by the Government of the Sandwich Islands.
  • Art. 4. The King of the Sandwich Islands will extend his protection to French vessels, their officers and crews. In case of shipwreck, the chiefs and inhabitants of the various parts of the Sandwich Islands must lend them assistance and protect them from all pillage.

    The salvage dues will be settled, in case of difficulty, by umpires appointed by both parties.

  • Art. 5. Desertion of sailors employed on board French vessels, will be severely repressed by the local authorities, who must use every means at their command to arrest the deserters. All expenses, within just limits, incurred in their recapture, will be refunded by the captain or owners of the said vessels.
  • Art. 6. French goods, or those recognized as coming from French possessions, can not be prohibited nor subjected to a higher import duty than five per cent ad valorem. Wines, brandies, and other spirituous liquors are excepted, and may be subjected to any just duties which the Government of the Sandwich Islands may think proper to impose upon them, but on condition that such duty shall never be high enough to become an absolute obstacle to the importation of the said articles.
  • Art. 7. Tonnage and import duties and all other duties imposed upon French vessels, or upon merchandise imported in French vessels, must not exceed the duties imposed upon the vessels or merchandise of the most favored nation.
  • Art. 8. The subjects of the King of the Sandwich Islands will be treated upon the footing of the most favored nation in their commercial or other relations with France.

[l. s.]
Em. Perrin,
Consul of France,
Charged with a special mission to the Sandwich Islands
[l. s.]
R. C. Wyllie,
His Hawaiian Majesty’s Minister of Foreign Relations.