The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-06-09

HosoruLu. 18th May. 1859. J

HONOLULU, 18th May, 1859,
Mission Of France to the Hawaiian Is
no. o. MONSIEUR MINIsrER:-Iha had the honor to
submit TO the Government of the Emperor the addi-
nonai article dated 4th September last. which I had
accepted al referendum, and which your Govern
the 18th of October. 1867.
This Treaty. freely consented to by the respective
fienipotentiaries. clothed with the pure and simple
,agncaf'on Of the Emperor on the 10th March,
1908, could not any longer be modified. Ii is with
PAINFUL surprise that my Government has seen yours.
Mlonsleur Minister, request successfully in 1857 and
1908. either the substitution of their Convention with
England for the Treaty of the 18th Of October. or to
subject its ratification to the adoption of an additional
article destined to nullify several of the most essen
tial provisions of our last diplomatic act.
The interests Of France and of England in the Ha-
wa,,an Archipelago are of a different nature; there
Is the fact the forgetfulness of which eau alone ex-
plain the act of 4th September, 1853.
thus it is that the 10th Article Of the Treaty Of
18th October, which consecrates q principle estab-
nshed In 1889 and maintained in 1876, which rem
GERS inappiicable to a Frenchman, the law of the
zoth June, 1851, renders also inadmissible the first
paragraph of the proposed additional act.
30 II IS also that the second paragraph OF the same
act winch tends to subject France, in regard to the
usage Of her language in the Hawaiian islands, to n
treatment different from that of England, is equally
unacceptable.
The Government of the Emperor does not UNDER
stand the utility Of the provision claimed in the third
paragraph of the additional article, since the 18th
Article OF the Treaty is restrictive, and that it is i'm
possible to deduct from it, by induction, other pro-
vIsioAs than those which are there especially deter
mined. Nor can it more admit the radical modi6ca-
lions which the final provision of the 4th paragraph
OF the same act would consecrate. The Intervention
OF the local authorities in the administration of
French inheritances ought to be strictly confined
within the limits prescribed by the Goth Article of
the same Treaty.
The essential object of the 18th Article is to pre-
vent simulations of flag, whilst that of the 9Th para
graph of the additional act, is on the contrary, to
favor them; that difference in the intention of the
two contracting parties renders this last paragraph
equally inadmissible.
To resume, the requests contained in the additional
article of the 4th September, 1858, are in complete
opposition to the letter and spirit of the Treaty itself
They might injNre in a notable manner the interests
in view of which the negotiation was commenced: it
is in consideration of these motives that the Govern
ment Of the Emperor has charged me to notify yours,
Monsieur Minister, that itconsiders it as impossible
to welcome such notifications.
DESTROYS, notwithstanding, of giving n new evil
dence of the conciliatory spirit which animates it,
my Government has authorized me to declare, here,
officially
1st. That the 10th Article of the Treaty which
maintains the privilege guaranteed to Frenchmen,
by the Conventions. Of 1889 and 1916, has not, in
any way, for its object, to interfere in the detail Of
the internal regulations of the trade in wines and
liquors in the Hawaiian Islands.
End. That the exemption granted to the Consuls
Of France by the 18th Article shall not be extended
beyond their appearance before the Courts of Justice
as witnesses; and will not excuse them from appear
ing as parties.
the sense that it does not grant to Consuls- who are
engaged in business, the right of administering to
SUGGESTIONS of intestate persons.
In the view of the Government of the Emperor,
this last proof of their moderation authorizes them to
hope that no new difficulty will arise on the subject
of an act now become defnieve by the exchange of
notifications, and which is soon to be promulgated in
France, that it may regularly become executory.
This notification closes, so far as l I'm concerned,
the negotiation of the Treaty Of Doth October, 1857;
it renders useless the opening of any new conference,
the draughting of any new documen L only await
for the official adhesion which l pray you to transmit
TO me in the name of your Government, Monsieur
to announce to that of the Emperor, that
the international engagements reciprocally contracted
are going to be faithfully executed.
Accept the new assurance of the high consideration
with which 1 have the honor to be, Monsieur Minis
ter, Your very humble
and obedient servant.
The Consul, Commissioner and Plenipotentiary #
H. l. NJ,
(Signed) EN-. PERRIN.
Monsieur,
Monsieur r. C. wYLLIE, Minister of Foreign AZ
fairs, &C., &C., &C., Honolulu.
DEPARTMENT OF FOREIGN RELATIONS,
Honolulu, May 26, 1859.
NJ. 5. SIR Having submitted to the King in
Cabinet, and also to His Majesty in His Privy
Council of State, your Despatch No. 6 of the 18th
instant, / am authorized to reply that the Kings
Government gives its adhesion to the Treaty of Octo-
Der 18th, 1857, and hereby declares its unconditional
thereof, without the proposed additional
Article, from the 9Th day of September, A. d. 1858.
The King Government understand, that in con-
formity with the wishes of the Imperial Government,
expressed through you as their Plenipotentiary, in
your said despatch. the official notification of adhe-
sion now made, closes all negotiations and conferences, |
at the Kings Court, in regard to the said Treaty,
which they hope may w4k practically to the equal
opar and aHvanfapQ of both nafIOQS- |
I have only to add that l shall ever be willing 10
cooperate with you to secure that result, so desirable
both Countries; and that l pray you to accept the
renewed assurance of the high respect and considera-
with which | have the honor to be,
Sir,
Your most obedient humble servant,
R. c. WYLLIE.
MONSIEUR,
MONSIEUR LUIS EMILE PERRIN,
Consul, Commissioner and Plenipotentiary of II. !.
VI. Napoleon I'LL, Emperor of the French.
-Poiynesian.