Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1855-05-12
No. I

Tor pursuing their interests; and they ought
not TO find fault with us, if, pursuing our in
terests, our course Should be different from
theirs"
We are so situated geographically, in re-
gard TO The territories of the United States,
and otherwise, so liable to receive from them
either benefit, or harm, that it can never be
our interest 10 pursue a course at variance
with theirs, SO long they pursue their in
terests, with equal regard to ours.
need scarcely add that the treaty, so
called, made by Captain Jones, was a mere
SPONsIO, the President and Senate never rat
Ihed 1t, and not being as yet admitted within
The pale OF international law. weTeBained
subject TO a rule, liable to be arbitrarily en-
forced upon US, without the protection of any
reciprocal obligation, on the part ofIhe Unit
ed States government. ..t,
That may be rightly understood, | add
the definition of SPoNsIo in the sense of in
ri.atiGnal law. given 10y Mr.. Poison of
Lincoln's Inn, in his principles of the law of
nations published in 1918.
BY the Latin term SpOnsio, we express
an agreement made by public person, whe
exceeds the bounds Of his commission, and
acts without the orders or commands Of his
sovereign" !"
!. SOHFGHlIOlS OI lnlS KIM ale HOI Ndilu
until they are ratified, which may be done
either formally or by implication -
mere silence would not be so construed, al
! though good faith requires that if one state
does not propose TO recognize the acts of IFS
/ servant, it should notify the fact to the other.
| IL OH the belief that the agent was duly a0-
thorized, the convention has been wholly or
partially acted on by one party, il would
- ol,,,o - L.
placed in its former position"
This is principle for which | have al
ways contended, as will be seen in my re-
ports of previous years and the documents
thereto appended, in the cases of other
| Sponsios to which it Is not necessary, here,
more particularly to refer.
! SECOND Permit me to call your attention
to the agreement between the late King, and
Lord Edward Russell, Captain of His Brit
annie Maiesty's ship .9ctcon, of 10th Novem-
Der, 1886. That Convention will be found
printed, along with. my report for 1851, at
Il page 276. II was obtained from the King and
chiefs under circumstances Of coercion, com
planned of by the late King in his letters TO
King William WITH, of England, Of 10Th
November, 1886, and llth August 1877
The. terms Of treaty that the King and his
chiefs desired to obtain, will be found al pages
2S9 and 333 Of the appendix to the same re-
port.
! Nevertheless, the convention with Lord
Edward Russell remained SponSio, binding
on the King and chiefs, as n rule for their
good conduct towards British subjects, with
out any corresponding obligation on the Brit
ish government, by whom it was never fatf-
i ed. E. -.-
THIRD.-I would direct your attention TO
( the convention, betweeR the late King and
| Captain Du Petit Thouars of the French
lrigate Venus, dated 9th July, 1897, a copy
OF which you will find at pages 2SS and $50
Fof the same appendix. The pretext for that
convention, was the one which had been
made, on the 10Th November, 1896, with
! Lord Edward Russell 1t was urged upon the
! King and his chiefs, under the most serious
charges brought against them for persecut-
! ing French Catholic clergymen, ,--counte-
nanced by the, then British Consul, and by
! Captain Edward Belcher Of Her Britannia
Majesty's ship Sulphur, and the convention
was most unwIllingly consented to, by his
late Majesty and his chiefs
II also, was a mere SpOnsio; it was never
ratified by the French government but stood
as rule whereby the King and chiefs were
to be held to good conduct, but without con-
ferring upon them in return, one iota of prac-
ticaI benefit. 1s.
In the year 1888, il would appear that
treaty consisting Of XIII articles was offered
to the United States. Anon. the papers, de-
livered TO me, by special request of the late
lamented Mr.. Richards while on his death
bed, is one containing. part of the 9th and
the 10, H. I2lh and 18th articles AMI con
cluding with the following words:-
''Done at Lahaina on the Island OF Maui,
this 2Ist day of August, 1888. The paper
is dOcketled '-Ireaiy with U S A signed by
KouikeaouIi, August; 1888, sent to Oahu, the
same evening, To 90 by the Suffolk " The part
found by me, and the ducket, are in Mr. Rich
ards handwriting. IL any one who may read
this Report, can complete the document,
they will oblige me, and render an important
service By perleciing the chain Of our con-
ventiona relations with the United States.
( FoUkTH.-l respectfully request your at
jtentisn to the agreement made by the late
lKekahuohi and Kekuaiiaoa, Governor Of
Oahu, on behalf Of the late King and Captain
ILaplace ofthe French Frigaie .4rfemise, dat
ed 18th July, 1882 which you will find, at
page 302 of the appendix 20 the same report
of 1851 and, in natural connexIoR herewith,
to the convention between the late King. and
the same Captain, dated 18th July, 1889,
which you will find at page 30l. Both were
pressed uuder threats, ior which the only ex-
cuse that can be made, is the belief. i'm
Ipressed through various sources, on the mind
Of Captain Lap'ace, and doubt not CORSET
entiously entertained by him, that the KIN.
and chiefs in total Disregard Of their previous
lconvention with Lord Edward Russell, and
! Captain Du Petit Thouars, SO far as regards
the free ingress and egress Of Frenchmen
Into the kin0dom and the free exercise &c