The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-08-03

the explanations of our Envoy, Mr.. Carter, in respect to the
of its operation-or rather, claims of importers of British
merchandise are pointed out, who paid, as alleged, an excess
of duty during the operation OF the unconditional 4h Article,
now withdrawn. At this point, yeur Committee venture to
remark that Great Britain, owing to the difference between
her Imperial and Colonial tariffs, was not herself in a condi-
ton to fulfl. the treaty obligations stipulated for in the 18th
Article of AngLo-IIawaiian Treaty of 1851. (See Appendix,
EXHIBIT r.. however, mere Is a case 1or the consideration
of our Courts of Law, and for which the Constitution of this
Government provides AND 1T IS the opinion OF your Con-
mlttee that any stranger residing here under the protection
of our laws, who feels aggrieved, should seek the remedies
which these laws provide. and would only in case OF denial of
Justice be warranted IN making any appear 70 snother rover
Such a course of procedure would be In accordance with the
spirit of an enlightened nation ike Great Britain. We have
a precedent IN the treatment OF a certain reclamation Ior ex-
cess OF duties III the case OF the Asa Thor, under our
treaty with Denmark. This was a question of claim growing
out OF treaty Interpretation, which was adjudieated III our
Courts, and our action was accepted by the Government OF
Denmark. see Appendix, Exhibit O..
The amount of claims on account of excess of duty paid
over ten per cent. are so small-only SLIT 14-(see APP
Pendix, Exhibit H that it is evident to your Committee
that the whole question Is mainly one OF principle OF course,
the smalness of the amount claimed will not tend to dimin-
ish the Importance. Of the principle involved in the estimation
OF a Treatyobserving nation like Great Britain. And when
such a Power expects a like exactitude of observance from
Hawaii, it is in the highest sense a recognition of our perfect
Abingdon like Hawaii, whose only strength as a State is
her weakness, should be especially scrupulous in respect to
the exact observance of her Treaties with great Powers. She
should be prompt to respond to any question of reclamation,
a recognition of her moral worth that would raise her In the
rank of nations far beyond the extent of her material re-
Your Committee, after a review of the several reports and
resolutions, and of all the correspondence bearing upon the
subject, are OF opinion that there Is no question at issue IN re-
spect to Treaty relations with Great Britain which cannot be
adjudicated by our Courts of law. The Constitution of this
Kingdom, according to Article 81, requires that all controver-
sizes growing out of the operation of our Treaties shall be sub
mitted to our Supreme Court of Justice. And although in
Great Britain Courts of Justice do not take cognizance of any
questions OF claims growing out OF Treaties, yet there is no
expression emanating from Her Britannia Majesty's Govern
ment which would lead US to suppose that they would object
to the course of action prescribed by our laws. The British
Government makes no demand, and British or other foreign
residents having claims must present them to our Courts.
Your Committee will observe that the mission of our
Envoy, Mr.. II. A. 2. Carter, though failing in it's objects, yet
was productive of advantageous results in satisfactorily ex-
planning the American Reciprocity Treaty to the British
Government, and thereby removing any possible ground of
misunderstanding.
Though it became a necessary consequence of the British
Interpretation of the fourth Article of the Anglo-Hawaiian
Treaty to denounce and eXpunge this Article from the Treaty,
yet no unfriendly feeling has followed; and by the consent of
our Government to Withdraw the denuneiation of the fifth
and sixth Articles of said Treaty, an improvement in the har
mony of our relations with the Government of Her Britannia
Majesty has been the result.
Your Committee feel that this is an occasion for the Mobiles
of the Hawaiian Kingdom, and the Representatives of the
Hawaiian people, to declare their high appreciation of all
Treaties with Great and friendly Powers, to proclaim their
purpose to avoid all occasion for the slightest Infringement of
the surest guarantee of the independence of the Hawaiian
Kingdom and People.
In respect to the scheme of East India immigration, your
Committee have no information except the statements of our
Envoy, Mr.. Carter. They regret to observe his report of the
difficulties that stand in the way OF any realization of this
scheme. Still, your Committee are led to hope, from the
friendly spirit in which our proposition was met by Her
Britannia Maesty's Government, that under other circum-
stances and ON another occasion, that Hawaii's need of popu-
lation, and especially her disproportion of the sexes, may be
dominions, and among the cognate races, which acknowledge
the sway of the Empress of India.
1-S@@@& WALTER NJ. GIBSON,
Hartman