The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1867-08-31
THE PACIFIC
Commercial Advertiser.
NOTES or rnE WEEK.
SATURDAY. August 81.

EDA y, ItbtNJ 81.
The Most Favored Nution."
Ii has generally been taken for granted, at
least by many, III discussing the rights of foreign
powers under existing treaties, that because
every treaty contains What If termed the parity
c.au-c, therefore each nation may claim what
ever privileges ar con,rloi t. another. This l.
entirely erroneous, and, except a. regards gen
eml principle, applicable alike to all, whether
embedded IA r~rcatic, or not, no nation can claim
the benefits of any sIceiaI privileges which have
been yielded for an equivalent.
The Hawaiian Government has always taken
this ground, hut We believe no definite decision
10 support i, las been rendered by any foreign
Government, until recently. The Ga-eis pub
fishes a communication from the British Govern
mcnt t. it, Consul General and Commissioner.
MAJOR Wclchousc, which settles the point very
dc,isiyely. The question had been referred 10y
him IL hs Government, how far the provisions
of tlc 2lst Article of the French Treaty of 1857,
which comedies 10 French Consuls the exclusive
right to e. take cugmizincc of all the crimes. mis-
dcmcanors, and other matters of difference be
tween the master, officers and crew of French
vessels in Hawaiian ports, could he claimed and
exercised by the British Consul under the parity
clause. The answer II very definite and clear,
and to the effect that the British Government
d. not claim the came privileges, and cannot do
- until willing e. couccde like privileges to
Hawaiian ships in British ports. We copy the
letter
FOREi0N OFFICE, LoNuoN, June II, 1867.
SH-L"rl Stanley has had under his cuusidera-
ton. aud has consulted the proper law officer of the
Crown upon your despatch Ne. Il of the eth Of March,
r,girliug the question as tn the right If foreign con-
sul-, other than the Consul If France ut Honolulu,
e. claim under the most favored nation clause, the
same privileges with respect tu jurisdiction over
offences committed ON hoard vessels Of their respcc-
tive nations in Hawaiian ports, a. were granted To
French CoE~ul> 10y the Treaty between France and
Hawaii. 81 the 18th ut October, lSJ1.
| ann 10 state 10 YOU. in reply, that | 'am advised
tl,t the Hawaiian Foreign Minister has taken "A cor
rect lcw ii tMc construction If the French and Eng
lish Treaties. AMI that Her ijesty's Government
an, not entitled tu claim under the mos; favored la
tiun clause 81; the Treaty with Hawaii Of the 10th of
July, le5l, the peculiar privileges granted to the
French Consul by the 2lst Article of the French
Treaty.
This article Is one Of reciprocity, and unless Her
MIjeSty's Government were able and ready TO con-
crle t. the Hawaiian Consuls the same exclusive
jurisdiction over the subjects of their State ON boarl
Hawaiian vessels in British ports, they cannot claim
for Her M~ajcs;y's Consul such a jurisdiction over
British subjects on board British vessels in Hawaiian
Your most oLclient, humble servant.
(Signei) L.. HAMMOND,
To Major J. IL. WoDEIoUsE, &c, Honolulu.
This communication will decide the point not
only Is respects England. but also other foreign
nations. and none can claim the privilege given
exclusively to France unless the same shall become
Incorporated in its treaty.
The recently-published treaty with Italy docs
not embody the peculiar concession which the
French Treaty has. and all misdemeanors, crimes,
&c., connected with vessels while in port are sub
jet To- the local tribunals of the two countries.
The communication from the British Govern
mcnt also seems To settle a point which has been
n to whether this Government has n
right 10 make n reciprocity treaty with the United
States, or in fact with any power, after having
eelcd to Others . the same rights, privileges and
the same liberty of commerce that are actually
or may be enjoyed by The most .fdrored
According 10 the above decision,
France has a reciprocity treaty with the Hawai-
ian Government, under which she enjoys special
flyors which no other nation can have unless it
chooses TO enter into n similar engagement. The
right l. clearly conceded and If we can make n
treaty hy which our local police and tribunals
are set aside in certain cases. we most certainly
have the same right to bargain with any nation
regarding airy special privileges whatever,
pertaining to the police, revenue, or
anything else.