The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1878-08-14
WEDNESDAY. A UGUST IA. 1873.
The Report of the Special Commit
tee on Foreign Affairs.

In the GAZETTE of last week, we published
the report of the above committee, to which
we called attention. For want of time, we
were compelled to defer our comments upon
that report till the present, because we de-
sired to give to it the attention its impor-
lance demands. af
The report, as a composition, is smoothly
worded, and thus far is creditable to the COM
mittee but we regret that some of the con-
illusions arrived at by the committee, do not
seem to US to have had that degree of delibe-
ration and patient research that the importance
of the subject required at their hands. On
pages and s the committee say:
Now the American Treaty of Reciprocity may be
regarded departure from this policy I'm its
gotiation the spirit of the Anglo Hawaiian Treaty Of
1851, in the 18th Article, required that some pre-
lminary proposition and mutual understanding be.
tween the two contracting parties should precede any
stipulaons with third party calculated to disturb
in any way the perfect harmony Of tLeir mutual in
tercourse, and that the unconditional obligations of
the treaty should be observed On the other hand,
the conditional stipulation can be pointed at and very
decided grounds taken, that the Sd Article of the
Anglo. Hawaiian Treaty especially recognizes the
principle Of reciprocity and of granting special ia
for valuable equivalents,-which faTors, Of
course to be conceded TO ALL other treaty parties
who can offer like consideration-the objection to
this being that any Of two treaty parties should
not negotiate with third party concession which
it is known that its co-contractan is not condition
to accept. Hence your Committee must recognize
that the negotiation Of the American Reciprocity
Treaty by our Government. afforded some grounds
for exceptions to be taken by treaty powers claiming
the most favored nation privileges and such excep-
tons strongly taken by even legal minds in
America. See Appendix exhibit E.'
To show that the committee did not expend
as much thought on this subject as they seem
to claim by the positions assumed, we find on
turning to exhibit E, in the appendix to their
report, but garbled extracts as follows,
''Eztr0cts from Hon. E. II. Aliens dsspdtche, to
Mr.. WyElis 4h February, in relation to Reciprocity
! Treaty, 1856 The legal objection in the Senate
treaties"
''In relation to the Treaty can only say that the
only serious obstacle TO be the most favored
nation clause in other treaties"
Now, when we turn to the correspondence
of Mr.. Allen with Mr. Wyllie, under date of
January 18th. 1857, in relation to the favored
nation clause, we find Mr.. Allen writing thus :
"In relation to the objections first, and second,
Mr.. Marcy has sent paper to the Commit on
Foreign Affairs, in which he places the question, as
think. in very clear light He says that be drafted
the treaty in terms to avoid these difficulties viz
For and in consideration of the rights and privileges
granted tmutually) and az equivalent therefor.
He says further. that they the other nations
avail themselves of the benefits without the burthens
and that he has apprehension of that"
81 have had full conversation with most of the
Committee Foreign Affairs, with whom I have
discussed these objections 1 have also eonversed
with many of the Senators and members of the House
find the most cordial aud friendly feeling on all
sides to the King, his Government and people, and il
the treaty fails, it will be for the reasons have
given, and much to the regret of many gentlemen in
fueneed by those reasons"
Pages 6s and 60 of diplomatic correspon-
dence of 1857. On page SO of same CORES
pondence, Mr.. Allen to Mr. Wyllie, under date
of February 1857, writes as follows, viz:
81 have seen great many Senators-when cams
here, that most favored nation clause met every
where. but after ezamiaiug the the opposition
is rers much modified"
We have italicised the portion of the SEN