The San Francisco call., 1897-08-22
HAWAIIAN
GOVERNMENT
IN A FIX
Their Flag on the China
Threatens international
Trouble.
THEY ORDERED IL TAKEN DOWN
Colonel Macfarlane Objected
and a Legal squabble
Followed.
THE UNITED STATES Is CONCERNED.
Promised America Not to Register
Foreign Vessels Pending
Annexation.
THE UNITED STATES Is CONCERNED
Promised America Not to Register
Foreign Vessels Pending
Annexation.

An international difficulty has arisen
from the recent attempt to have the
steamship China sail hereafter under the
Hawaiian flag.
1t will be remem bsred that the vessel
until August 5, under the British flag,
had been transferred to the nominal own
ership of Colonel Macfarlane OF San Fran
cisco, who as a native-born resident OF
Honolulu, could qualify for the Hawaiian
registry OF the China.
When two weeks ago the China arrived
at Honolulu from this port, flying the
Hawaiian flag, the Hawaiian Government
officials were in quandary and ordered
the flag down. They bad previously
promised the United States Minister not
to accept until the annexation ques-
tion should be settled any further trans
fer and registration of foreign vessels.
Legal proceedings were Immediately in
stituted, and pending a settlement the
China was permitted on Sunday last to
continue her voyage 10 Japan and China
under conditional registry.
Colonel Macfarlane, who returned from
Honolulu yesterday afternoon in the
Coptic, describing he situation, said when
seen al his apartments at the California
Hotel:
81 obtained registration of the China as
nominsl owner OF the vessel, for l was
born in the islands.
"On my return here recently from Lon
don, where l went to consummate the
transfer, learned that a wrong impression
had reached Honolulu tina Consul Wilder
OF this port was supposed to have granted
registry contrary TO recent instructions
from the Hawaiian Government not,
penuing action by the United States on
Hawa ian annexation, TO register foreign
We sells
Il at once went down to Honolulu cn
the China as her nominal owner and as
one IamII1ar with the transfer from the
English company to myself. l left here
on August 5. l had my provisional certi-
ticate of registration from the Hawaiian
Consul in London, In Honolulu it is
customary according to law to apply for
permanent registration. l cleared the
vessel here and she sailed out under the
Hawaiian flag and registry.
"Mr. Cooper Minister of Foreign Al
fairs, upon our arrival in Honolulu, asked
to have the flag hauled down. l refused,
Claiming that she was already under the
Hawaiian flag, ana showed the certificate
executed IN London July by the
Hawaiian Consul. Mr.. Cooper was en-
barrassed and asked for time to discuss
the question with United States Minister
Seawell OF Honolulu, 10 whom he had
promised that after June 80 no registry
woad be granted to any foreign vessel.
But the Chinas registry had been granted
July 2, seven days before the instruction
about registry had reached the Consul in
London. The transfer had been consum-
mated and The Instructions did not apply.
On that ground | claimed The right in
Honolulu 10 perm anent registry.
The Minister OF Foreign Affairs then
stated to my attorney, General HortweII
of Honolulu, thal he was afraid that If he
granted permanent register the United
states might Construe it as violation of
the assurance given or June 30. We re-
piled that we had no desire to mbarrass
the Hawaiian Government so We would
give them apotner twenty -four hours to
work out the problem. They then offered
US an extension of the provisional register
until such time as this matter could be
explained to the State Department at
Washington.
1--WE refused the Endorsement of the
Minister of Foreign Affairs to the register
as the Pacific Mail Steamship Company 8
attorney said that it was Invalid and
that we should only accept a permanent
register from him.
''In the meantime the Government
officials attempted to have Minister Sea-
we'll release them from the promise ON the
ground that It was an oversight not to
have provided for sufficient time for in
structions to reach foreign Consuis instead
of having the pledge immed lately ef-
fective.
'Seawell would not yield the point.
This greatly EN- barrassed the Govern ment t.
ave then peutioned the court for writ
nf Il G11f1 y
the officer that issues the ships registry,
to show cause why a permanent register
be not be- granted.
~ln the meantime the Minister of For
elgn Affairs had applied to the British
Vice -Consul-the former registry of the
China having been British-to ascertain il
any legal impeachment existed to the trans
Ter. His reply was that he knew OF none
Meanwhile we informed the Govern
ment that we would hold it for all dam
ages or loss arising from the etention OF
the China. The Minister of Foreign Al
fairs practically replied to us that there
was no legal impediment, but a political
i'm pc d iment in consequence of the prom
ise TO the American Minister
ave immediately put our case in court.
and evidence and facts Were submitted
1t was then late Saturday afternoon.
There was no time before Monday for the
arguments. In order 10 minimize our
claim against the Government and nell D il
to temporary solution. the Pacific Mail
Company's attorney decided with me that
we would submit the following form OF
certificate to enable the vessel 10 proceed
to sea until decision OF the courts could
be had:
OFFICE OF THE CoLLECToR-GENERAL J
OF CUSTOMS
HONOLULU, Aug. IA, 1879
To whons it may concern: l. James B. Castle,
Collector-Genera of Customs of the republic
of Hawaii hereby certify and make known
that in respect 10 the steamship China, now
in the port OF Honolulu and about 10 proceed
on her voyage to Yokohsma, Hongkong and
way ports and return to san Francisco, appsi-