The Hawaiian gazette., 1878-08-07
WEDNESDAY. A UGUST Z. 1878.
Report of special Committee ON For
ei-u Affairs 10 the Hawaiian As.
sembly.

1TcS4Acld o. tatc L--.IAStCAtCc -1SSct"CtN,
Mk PREsIDESr: Toe undersigned Special
Committee, 10 whom were referred majority
and minority report OF the Committee on For
esu Relations. also report OF Hon. II. A. T.
Carter. with two resolutions of Hon. Messrs.
Rhodes and Gibson, beg 10 lay before the As
seubly their views and conclusions on the Ques-
uons involved.
The reports relate to two subjects our treaty
relations with Great Britain and a scheme oil
East India Immigration.
In respect 10 the former, we are chiefly at is
sue with the Government of Her Britannia Ma
jesty in regard 10 the Interpretation OF the fourth
Article OF the Anglo-haNaiIan Treaty OF 1891
and have to consider question OF Claims grow
ing oct of al alleged Infringement OF the require
meuts of this Article whilst in force.
The views taken on this subject By British
and Hawaiian officials engaged 10 the discussion
are SO decidedly in opposition the one TO The
other that your Committee have anxiously sought
tor some solution or explanation of this wide d.
vergence of opinion and Interpretation. The
Article in question is the unconditional most
favored nation stipulation Of the Treaty, and in
sisis that the commercial intercourse OF the two
contracting parties shall be such that whatever
advantage is conceded by the one to third
party shall be enjoyed bY the other. without ref
erence 10 ahy compensation therefor. But this
stipulation is preceded by one that is conditional.
the third Article which provides thai when q
concession is made by any party to a Treaty for
an equivalent that similar concession can only
be claimed by the other party in return Tor
corresponding value. And there is apparent
conflict between these two Articles the one
conditional, and the other unconditional.
Now, IRON the Hawaiian standpoint in this
discussion. which has the third Article mainly
10 view, ii has eeen cOntenied that this Govern
meat infringed no Treaty obligations with Great
Britain by co0ceding TO the United States 10 q
Treaty of Reciprocity tree entry of certain
goods into Hawaii, 10 return for free entry into
America of Hawaiian produce; and that Great
Britain could not insist upon the enjoyment oil
8 concession for which she could pot offer any
adequate compensation. And this view OF our
Government is sustained by British interpre-
talon OF the aforementioned conditional stlpu-
lstion of the Anglo Hawaiian Treaty. as is fully
and clearly EXPRESSED in the Clarendon Instruc-
lions Of 1856. No opinion or Interpretation 10
the contrary of this view Of the case has been
received BY this Government from the British
Government until the Derby instructions of 1877.
Hence il has been maintained by our GOyeru-
melt that not only was there no Infringement of
| our Treaty obligations with Great Britain grow
| ing ont Of . Convention Of Reciprocity with
| Ameuca, bat Furthermore. there was no occasion
| for the deuunciation of the fourth or unconoi-
tioual Article Of the British Treaty IN conss-
| qBeDee Of the operation of the American Con-
venIion.
On the other hand. the representatives of Her
BntsuBic MSjesty have claimed a consideration
! of the spirit well as the letter OF the Anglo
| Hawaiian Treaty Of 1851. and have pointed to
! the seventeenth Article as q general stipulation
! OF comfy, engaging each contracting party not
] a A ~ haTr ~
/ with view to "ihe improvement OF their mu-
tual intercourse and to the interest Of their re-
| spectiye subjects" and not to be brought about
IN consequence Of either party makIog some
specific tariff bargain" with another country.
AT this point. your Committee beg to glance
l in review st some particulars 10 the history o.
our Treaty relations, and at our Traditional policy
IS incuIcated by The early organizers OF our Gov
eminent, and By the representatives of friendly
| Powers.
Hawaii has had remarkable and instructive
Treaty history. First, in her uurecognized state
she Eas-subject TO the arbitrary sponsio dictated
| By naval commander, ST the lannon's mouth
Afterwards. through earnest aud faithful diplo-
macy, recognition is secured, aud certain treaty
relations are conceded. still with ouerous resuric
tons. as though recognition was only partially
granted to a nation in q state OF pupilage.-inas
much as foreign representatives we're allowed Il
exercise Judicial authority on our soil. aud u
dictate to our Government interferences in re
spect to legislative and ministerial action.
But Hawaii was guided by men who lsboreC
patiently under various difficulties to secure FOL
her the unirsmmelled condition of fully-recog
Missed enlightened Stste. The able, faithful far
seeing Wyllie felt deeply the treaty restrictions
which affected the houor Of his Sovereign anC
! impaired the independence Of his adopted State
By course Of negotiation which must enuut
him TO rank high as 8 statesman, be induced
great PoWers 10 grant treatise TO this youn.
State, which recognised her perfect soyereIgutl
and entire independence; and among the mos
important of these was the Anglo HaEaiaI
Treaty of 1851 This was boon from Grea
Britain 10 Little Hawaii. We are assured tha
this Treaty was framed in the Foreign Office 81
London. and sent for our Governments accep
lance. IS 8 voluntary Offering of goodwill from
England Therefore there are abandant ground
for Hawaii to entertain q high traditional regarj
for this Treaty. Yet II VAS not, and should no
be our policy to entertain any partisliies il
treaties with great Powers. Il especially be
hooves so weak State as Hawaii 10 aim al uui
formitY and identity in the character OF her 10
ternstional relations. She could not concede a
especial favor TO any one Of several guarantee
ing Powers without affecting the independence
OF noi eitoaliOn. ihtfelOre an the early Irleco
OF Hawaii strongly recommended her 10 Deve
grant any especial commercial favor to any ns
ton. This was the instruction of KinesLeopol
Of Belgium, and the very especial Injunction c
the great statesman Of America, Daniel Wet
ster. who said TO Hawaiian Commissioners tbs
10 Power in negotiation with this Kingdor
"ougbt TO seek for any exclusive privileges 0
preferences IN matters Of commerce"
Nov the American Treaty of Reciprocity ma
be regarded as q departure from this policy ii
its negotiation the spirit of the Anglo Hasaiia
Treaty Of 1851 was overlooked. and its opera,io
mas led 10 the question at issue. Is stated above
between the British and Hawaiian Govern
ments
Ii may be very properly urged that the spiri
of the Angio-HsEaiisn Treaty of 1851. 10 il
18th Article, required that some prelIminar
proposition and mutual understanding betwee
the two contracting parties should precede an
supnlauons with third party, calculated TO dil
torb IN any Ssy the perfect harmony of thei
mutual intercourse. and that the unconditions
obligations OF the Treaty should be observed
On the other baud. the conditional stipulation
can be pointed at. and verT decided ground
taken. that the 30 Article Of the Anglo- Hawai-
ian Treaty especially recognizes the principle Q
reciprocity sod Of granting especial favor. TO
valuable equTalents.-Ehich favors, of course
are to be conceded TO all other treaty pariie
who can offer like cousidersiiOn-tbe obiec