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

ture-Bayard Testffies In Our Favor.
Below will be found a document
which the discussion of the Pearl
River cession makes very interest
ing. This article in the treaty
created some excitement and sus-
picion at the time it was negoti-
ated, and Representative Daniels
of Maui requested from the Min
lister of Foreign Affairs an explana-
tion on the subject. The reply of
the Minister gives all the facts
which bear upon the meaning of
Article 2 of the convention. 1t is
as follows:
DEPARTMENT OF Foreign
AFFAIRS,
HONOLULU, Dec. s, 1887.
Hon. S. G. WILDER, President Legis-
lature, 1887.
SIR In reply to the honorable
member for Wailuku (HOn. w. II.
Daniels), L have the honor to state
that the paragraph in His Majesty's
address to the Legislature was founded
upon the information received and the
advice given to His Majesty by His
Majesty's Ministers. The paragraph
referred to says that, "after mature
deliberation, aud the interchange be-
tween my Government and that of
the United States of an Interpretation
of the said clause, whereby it is agreed
and understood that it does not cede
any territory, or part with, or impair
any right of sovereignty or jurisdic-
tion on the part of the Hawaiian King
dom, and that such exclusive privi-
lege is coterminous with the treaty."
and that "the Treaty of Reciprocity
with the United States of America
had been definitely extended for seven
years upon the same terms as those in
the original treaty.
The notes interchanged between
Mr.. Carter and Mr.. Bayard in regard
to the construction and Interpretation
of the United States Senate amend
ment, We're accepted as sufficient to
justify His Majesty's Government, re-
lying upon the good faith of the Unit
ed States, in adopting the amend
ment. These notes are hereafter re-
ferred to.
On October 10, 1887. had the honor
to state to HI. b. MS Commissioner,
in a dispatch to him on this subject,
that call rights, the sovereignty and
independence of this Kingdom are to
be conserved, and, moreover, the priv
ilege sought for by the so-called Pearl
Harbor clause is to be coterminous
with the Reciprocity Treaty"
Since under Article of the original
Convention of 1875, such "A privilege
could not have been conceded to any
other power, the status of other ma
tions possessing treaties with Hawaii
is unchanged by the preferential char
acter of the article, and in no other
respect has any preference been given
which has not been hitherto enjoyed
by the United States.
There is no Saving clause" in the
ratification by the Hawaiian Govern
ment 4" misconstruction." The reli
ance is placed upon the good faith of
the United States Government to ad
here to the notes of Interpretation
through which the exchange of rati-
fication was agreed upon. In the
event OF any doubt appearing as to
the true intent and meaning of any
clause or part of a treaty, notes eX-
planatoTy thereof have been eX-
changed prior to ratification, and these
notes have afterwards been held to
give the true Interpretation of the
clause held TO be vague or ambiguous.
There are precedents for this course,
and in the notes exchanged between
III. MS Pienipotentiary at Washing
ton and the Hon. Secretary of State !
(prior to the exchange of ratifications), |
which / have had the honor to place |
before the Legislature, Mr.. Carter |
says: "The amendment which you !
now officially communicate TO me was !
inserted into the Convention in secret |
session of the Senate, and no opportu- |
nifty was given for mutual consulta- !
tion and consideration of its terms; |
my Government has had |
no part in it's construction, and could |
not have suggested any changes in its |
wording to guard against misappre-
hension. Under these circumstances
it becomes proper in me, before trans
II To my Government, To as
Of the United States as to the con
proper to be put upon the
interpolated article.
"Tbe first question of construction
has reference To the effect of the
license, or right To enter the harbor of
Pearl River, upon the jurisdiction #
he Hawaiian Government over the
larbor. 1t would seem to be clear
hat the question of Hawaiian iuris-
liction il LETT untouched by the arti-
lie, and that in the event of the Unit
"a states availiug itself of the right
for, the autonomous control
IF the Hawaiian Government remains
he same as its control over other har-
lors i'm the group where national yes
'els may be, except that the article,
n accordance with Article ". of the