The Hawaiian gazette., 1878-08-07

Treaty, Yet there is reclamation on account
Of it's operaton-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 4th Article, now
withdrawn. At this point, your Committee
venture to remark that Grea, Britain, owing to
the difference between her Imperial and Colo
NAL tariffs, was not herself in n condition to
fulfill the treaty obligations stipulated for in the
4th Article of Anglo Hawaiian Treaty OF 1851.
However here is a case tor the confederation Of
our Courts Of Law and for which the Constitu-
ton OF this Government provides. And II rs the
opinion OF your Committee that any stranger re-
siding here under the protection Of our laws, who
feels aggrieved should seek The remedies which
these laws provide. aud would only 10 case Of
denial OF justice be warranted IN making any ap-
peal TO another Power. Such a course of pro-
ceedure would be in accordance with the spirit
of an enlightened nation like Great Britain. We
have precedent 10 the treatment of certain
reclamation tor excess of duties in the case Of
the Asa Thor" under our treaty with Denmark.
This was a question of claim growing out OF
treaty Interpretation, which was adjudicated in
our Courts aud our action was accepted by the
Government OF Denmark.
The amount of claims on account of excess of
duty paid over ten per cent are 80 smsll-oniy
Sl.ll1l4-that 1t is evident to your Committee
thai the whole question Is mainly one Of princi-
Pile. OF course, the smalluess Of The amount
claimed will not tend TO diminish the Importance
of the principle involved 10 The estimation of
Treaty observing nation like Great Britain. And
when such Power expects like exacti;ude OF
observance from Hawaii. il is in the highest
sense recognition of our perfect independence
A Kingdom like Hawai-. whose cnly strength
as Stale is her weakness, should be especially
scrupulous in respect to the exact observance OF
her Treaties with great Powers. She should be
prompt 10 respond TO any question OF reclama-
ton. and by her intelligence. open aud impartial
dealing, command recognition of her moral
worth that would raise her IN the rank of nations
/ far beyond the extent OF her material resources
/ and power
1our Committee, after review of the several
reports and resolutions, and Of all the correspon-
dence bearing upon the subject, Of opinion
that there is no question at issue IN respect TO
| Treaty relations with Great Britain which can
not be adjudicated by our Courts of law. The
| Constitution OF this Kingdom. according to Ar
ticle 81. requires that all controversies growing
out of The operation of our Treatise shall be sub
miited TO our Supreme Court of Justice. And
| although IN Great Britain Courts of Justice do
/ wv b1Ao VI auH QuCslOus VI
growing out of Treaties. vet there is no express
sion rmanating from Her Britannia Majes,y's
Government which would lead US to suppose
that they would object TO the course of action
prescribed by our laws. The BRUSH Govern.
ueDt makes no demand and British or Other
foreign residents having claims must present
them 10 our Courts. Aud your Committee
would recommend. as in the case of the DANISH
reclamation cited, TO submit our action to the
opinion Of British jurist and adviser of the
British Crown.
Your Committee Will observe that the mission
of our Envoy Mr. b. A. P. Carter, though fail
ing IN Its objects. yet was productive of adyants
geous results 10 satisfactorily explaining the
American Reciprocity Treaty to the British
Government. and thereby removing any possible
ground of misunderstanding
Though it became necessary consequence o
the British Interpretation OF the fourth Articl,
Of The Anglo Hawaiian Treaty to denouuce anC
expuuge this Article from the Treaty, yst nj
uniriendly feeling has followed and by the con
sent OF our Government to HithdraS the denun
citation of the fifth aud sixth Articles of salt
Treaty, an improvement In the harmony of on
relations with the Government of Her Britannit
Majesty has been the result.
Your Committee feel that this is an occasion
for the MOBILES of the Hawaiian Kingdom, AM
the Representatives OF the Hawaiian people. L
declare their appreciation of all Treaties Wilt
Great and friendly Powers. to proclaim thei
purpose TO avoid all occasion for the slightest in
Engagement of them, aud 10 recognize the main
reuance of such Treaties as The suTest guarante
of the Independence of The Hawaiian KIngdou
and People.
10 respect to the scheme of East India immi
grafton. your Committee have no information
/, except the statements of our Envoy, Mr.. Carter
They regret to observe his report of the Difficult
ties that stand in the way of any realization c
this scheme STILL, your Committee are led L
hope, from the friendly spirit in which our prop
ositioD was by Her Britannia Msjesty's Gov
! eminent that under other circumstances and o.
another occasion. that Hawaiis need of populs
ton. and especially her disproportiou OF sexes
may be faToraby considered and answered in th
populous Eastern dominions, and among th
coguate races, which acknowledge the sway
the Empress Of India.
WALTER NJ. GIBSON, Chairman;
j. w. MoASAuLI,
J. NAKALEKA
: EDWARD PRESTON,
W. r. CASTLE