The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1878-08-14
WAIIAN GAZETTE
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
PUBLISHED AND EDITED BY
T. CRAWFORD MACDOWELL.
WEDNESDAY, AUGUST IA. 1878.
The Report of the Special Comm nit
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-
tance demands.
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-
clusions 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 the committee say:
Now the American Treaty of Reciprocity may be
regarded as 3 departure from this policy i'm its me-
gotiaon the spirit of the Anglo Hawaiian Treaty of
1851, in the 18th Article, required that some pre-
liminary proposition and mutual understanding be-
tween the two contracting parties should precede any
stipuAtions with third party, calculated to disturb
in any way the perfect harmony Of tLer mutual in
ercOurse and that the unconditional obligations of
the treaty should be observed. On the other hand,
the conditional stipulation be pointed 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
| vors for valuable equvaleuts,-wbich faTors, of
course be conceded to ALL other treaty parties
who can offer like consderation-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-contractant is condition
| to accept. Hence your Committee must recognize
that the negotiation of the American Reciprocity
| Treaty by Government, afforded some grounds
for exceptions to be taken by treaty powers claiming
the most favored nation privileges and such excep-
tions 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,
''E-trocts from Hon. E. II. Aliens dtspatches to
Mr.. WyIiie. 4h February, an relation to Recprocit,
Treaty, 1856 The legal objection in the Senate
arises from the most favored nation clause, in other
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 o.
} January 18th. 1857, in relation to the favored
nation clause, we find Mr.. Allen writing thus
"In relation to the objections frst and second
Mr.. Marcy has sent paper TO the committee OF
Foreign Affairs, in which he places the question a,
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 privileged
granted (mutually) and an equivalent therefor
He says further, that they the other nations canno
avail themselves Of the benefits without the burthens
and that he has no apprehension of that"
al have had full conversation with most of th
Committee on Foreign Affairs, with whom hav
discussed these objections / have also converse,
with many of the Senators and members of the House
I find the most cordial and friendly feeling on al
sides to the King, his Government and people, and
the treaty fails, it will be for the reasons hav
given and much to the regret of many gentlemen in
huenced by those reasons"
Pages es and 60 of diplomatic correspon-
dence of 1857. On page 60 of same CORES
, pondence, Mr.. Allen to Mr.. Wyllie, under DAT
of February 1857, writes as follows, viz:
"I have great many Seuators-when cam
here, that most favored nation clause met every
where. but qtter examining the the oppositio
Is vers much modified
| We have italicised the portion of the sen