The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-03-27

exclusive privileges during the con-
tiuuance of the convention TO any
other nation.
"As no especial jurisdiction is stip-
ulated for in the article inserted by
the Senate, it cannot be inferred from
ANYTHING in the article that it was the
intention of the Senate To invade the
autonomous Jurisdiction OF Hawall,
and TO transfer the absolute property
in and Jurisdiction over the haTbor To
the United States.
"To satisfy the natural and proper
susceptibilities of Hawaiisns, OF which
/ have heretofore informed you.
strong intimations have emanated
from those charged with the admins
tration of my Government with their
communications to me. / take occa-
sion to say that / consider it probable
that nv Government will desire that
its understanding of the article in this
respect shall be made known to the
Government of the United States.
Another point which to some
minds may be left in doubt would be
the duration of the license or right
granted by the Interpolation article.
''The article mentions no special
term for continuance of the privilege
but as the whole, and only, purpose OF
the convention into which the article
was inserted was, as stated IN Its pre-
amble, to fix the definite Limitation OF
the duration OF the existing conven-
tion providing for the reciprocal ex-
change of privileges, TO which this
privilege is added by virtue of this in-
terpolated article, it follows In the
absence of any stipulation To the con-
trary, that its term of duration would
be the same as that fixed for the other
privileges given by the original con-
vention.
"rhe only excuse for the insertion
OF such an article into treaty OF this
nature would be its relevancy TO the
privileges stipulated for in the origi-
nal convention of 1875, to which this
is supplementary and the duration of
which this convention is intended 20
limit and define.
''No separate single article or part
OF treaty can be held To have con-
tinuing power apart from the rest OF
the treaty unless provided for in spe-
cific terms. The supplementary pro-
visions and the original provisions
which they affect are necessarily
merged into one instrument to be
dealt with throughout as a whole.
'It could not have been expected liz
the Senate that Hawaii would consent
to perpetual grant of the privilege
sought in return for q seven years ex-
tension of the treaty of 1875, especially
in view of the danger of material
lessening of the advantages to Hawaii
by changes in the tariff laws in the
United States, and it must be appar-
ent that if any different term OF dura-
tion was intended it would have been
stipulated for, as it cannot be thought
that the Senate had any other intent
than plainly set forth.
''Eherefore the conclusion which /
have reached and which L think is the
obvious conclusion to be drawn from
the words of the interpolated article
is that it does not aud is not intended
to evade or diminish in any way au-
tonOmous jurisdiction of Hawaii,
while giving to the United States the
exclusive rights of use in Pearl Har-
bor stipulated therein for the sole
purposes stated in the article, and fur
ther that the Article III of the conven-
tion and the privilege conveyed by it
will cease and determine with the
termination of the treaty of 1875 un-
der the conditionsg.fixed by this con-
vention.
81 apprehend that my Government
will agree with my conclusions and
that in considering the advisahility of
ratifying the convention with this
amendment inserted by the United
States Senate my sovereign will
doubtless be aided in coming to a fav-
orable conclusion if il shall be found
that on these questions i'm interpreta-
tion OF the convention the two Gov
ernments do not differ, and the Ha-
wailan Government will dotfhtlpss
desire that their unders. andiug, which
| believe ] have set forth i'm this note.
shall be understood 10y the Cover "a
ment Of the United States before rati-
ticatioBs are exchanged"
To which note Secretary Bayard re
piled as follows:
"The amendment relating 10 the
harbor of Pearl River was adopted i'm
its executive session 10y the Senate.
and | have no other means OF arriving
at its extent and meaning than the
words employed naturally import.
mo ambiguity or ohscurity In that
is observable, and can
discern therein no subtraction from
Hawaiian sovereignty over the har-
Dor to which it relates. nor any lam
guage importing a longer duration for
the interpolated Article III. than ia
provided for i'm Article /. of the sun.
Elementary convention.
"The Limitation of my official now
ers does not make il competent for
me in this connection TO qualify.
expand or explain the amendments
engratted on that convention by the
Senate but in the present case ana
unable To see any need for auxiliary
Interpretation or ground for doubt OF
the plain scope or meaning thereof.
aud rs the President desires n ratifica.
ton Of the supplementary convention
N its present shape, can see no cause
or misap prehension by your Govern
ment for the manifest effect and
meaning of the amendment in cues
ion.
81 therefore trust that it will be
5reated IA it is rendered, i'm simnle
good faith and accepted without doubt
,r hesitationn
As the notes above referred 90 are
'egarded as being correct interpreta.
ion of the construction of the a h,nn.l