The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-09-16

tSigned,) (Signrd.) (Signed,)
(seal.] (s-aIl lseai.]
ADDITIONAL ARTICLE.
lad refsrtndum.)
Whereas. it is contended that a literal ~construc-
ton of the foregoing treaty would abrngate the
laws of the h ,waiian kingdom. by which the retail
traffic in liquors is confined to Honolulu it is here
by declared, with a view to the expression of the
true meaning and intention of the negotiators, that
the right of municipal regulation in regard To such
trade, on the part of the Government of said king
dom. is hereby recognized.
And whereas, the Third Article Of said treaty is
founded on tho preference given by law to the
English language over the French language in the
Custom House, it is agreed that France will cease
to claim the privilege established by that article
as soon as such legal preference is abolished by the
Hawaiian Government.
1t is understood that the exemption accorded to
consuls in the 18th Article of the foregoing treaty
ia to extend only to their appearance in courts of
justice as witnesses. and not to their liability as
parties, in conformity with the existing law of
nations.
And it is further understood and agreed that the
power of administration upon intestate estates
given to consuls by the foregoing treaty, shall only
extend to consuls not engaged in business, and shall
not be construed to preclude the right of the local
tribunals to decide all questions Of testacy or in
testacy. and to entertain appeals relating to such
administration frnm parties considering themselves
aggrieved by the decision of the consul or his au-
thOrized agent.
And it is further declared and agreed that the
18th Article in the aforesaid treaty shall be under
stood in the sense that all vessels recognized as
French vessels by the law of France shall he con-
sidered to he French vessels in the ports of the
Hawaiian kingdom, and all Hawaiian vessels re-
cOgnized as such by the Hawaiian laws shall be
considered Hawaiian vessels in the ports of France
and her possessions.
HoNoLuLU, 4th September, 1858.
Es. efp5s sas1s, L. K es1snsa,1 R. (eS' g wsil.s.
(Seal.] [Seal.] [Seal.]
Resolution OF THE PRIvY COUNCIL.
WHEREAS, the Additional Article to the treaty
between his Majesty the King of the Hawaiian
the French, concluded on the 29,h of October,
1857, proposed. by his hawaiian M,iesty and his
Cabinet to the Plenipotcntiary Of France. has been
accepted by said Plenipotentiary od rJ'rendnm:
And phereas, the said Additional Article nbviates
many of the objections which have hitherto pre-
vented this Council from advising his NJ j"sty the
King to ratify said treaty
Therefore, be it resoiued, That this Council do
now, in the discharge of IT'S duty under the Con
stitutiop, respectfully advise his Majesty the King
to ratifv the treaty signed al II nolulu by his Plcni-
and by the Plenipotenti,ry "f his
Majesty the Emperor of the French. On The 29th of
provisions and stirulations contained IN said Add
tional Article. to stand as AN integral part of said
treaty, which said Additional Article is in the
words. and figures following. tn wit: !
(See tie ADDITIONAL ARTICLE" obore.)
A true copy of 81 Resolution passed in the
Privy Council on Thursday, September
Cd, 1855.
CHARLES GORDON HOPKINS,
Secretary pro tenn.
TWEEN TY-THIRp CONFERENCE.
WEDNESDAY 9th September. 1858. Present
II. R. H. Prince L Knmehameha. NJ. Elm. Perrin,
NJ. R. e. Wyllie. N. c.. de Va 'gny
The session was opened at III A. NJ.
The French Plenipotentiary opened the confer
ence by stating that on the morning of the Both of
Mr.. Wyllie had requested certain expIa-
required by the objections of the Privy
Council upon several points of the treaty nego.i-
ated and signed at Honolulu, October %. 1857,
and ratified by his Majesty the Emperor of the
French on the Goth of March, 1853. to all which
Mr.. Perrin had specifically responded, to the full
extent of his powers and Instructions.
These questions and answers are annexed to the
present protocol, marked Nos. and z.
Mr.. Perrin added that on the 3lst of the same
month, Monsieur the Minister of Foreign Affairs
lad made officially known to him the advice of the
orivy Council to his Majesty King kamehameha
v to refuse his ratification (see document No. BY
nd the proposal made in the name of the Hawan-
IN Government of an Additional Article to the
treaty above mentioned. so framed as to remove
he objections Of the said Council.
On the I'd instant MIR. Perrin officially admitted
oO 1no "'S
ID referendum. (See document No. A
In the. afternoon of the same day, Mr.. Wyllie
Ificially communicated tn Mr.. Perrin the terms of
new Resolution Of the Privy Council advising
ling Kamehameba Nv, in view of the acceptance
" the French Plenipotentiary of the Additional
Irticle annexed to said Resolution, to give a con-
itional ratification to the Treaty above mentioned.
document No. 5.) !,
On the following day. the Sd September, NJ. :
erin, while officially acknowledging receipt of 6
he note of the day before, which had just reach e
d him, refused to accept the Resolution which i
ad been made known to him, and repeated that IN j
consideration IF the Additional Article ad rgeren- I
nm, he had always asked a ratification full and
unqualified. 7
On the evening of the same day the King of the !!
hawaiian Islands had sent to the PleniPotentiary !
+ his Imperial Majesty, by the hands OF his Min :
ter of Finance, Mr.. Gregg, a written message I
him to call at the Palace next day In the +;
corning. i
During that interview of several hours, expIa- a
ations, az frank and honorable as complete, were e
xchanged between his Hawaiian Majesty and the e
rench Plenipotentiary the King himself reca- e
tulated the substance reducing 1t to tho form OF 3
!, amicable transaction which Mr.. Perrin did not b
estate to accept, in order to give a new proof OF o
8 ardent desire to contribute by every means to n
e disqualification of the conflicting feelings =
hich had been raised. The said document IN all :,
3 force, on both sides, and hHnorabiy understood, o
here reproduced, and il word for word AZ fol- =
L
|" 1t ID agreed and distinctly understood by the P
PIenipoteutiaries, that The ratification Il
the King Of the Hawaiian. Islsnds, now being u