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THE HEART OF THE PACIFIC.

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trality in all wars one with another, and to adopt one common rule, in regard to the duties and conduct of their political agents, towards the King's Administration, so as to relieve it from an oppressive and vexatious interference, depriving the King's officers of all time to attend to the internal interests of the country. If things are to continue as they have been, the Government of the country as an independent state is an impracticability. R. C. WYLLIE.

Foreign Office, 15th March, 1851.

PROTOCOL of Tuesday, 18th March, 1851. The undersigned met at the usual hour; the Commissioner of the French Republic returned the draft of explanations on each of his ten demands, which he had received from Mr. Wyllie, and at the same time delivered to him a draft of the final note drawn up by him and containing the whole of the solutions given to the demands above mentioned. After having read that document, Mr. Wyllie declared that he refused to admit its tenor, because it exacted of the King what, in his eyes, could not be demanded of him, either by right of the laws of nations, or in virtue of the existing treaty with France; adding, however, that he would translate the draft as received, and would try its lawfulness by comparisons with the text of the Laws of Nations, and would produce, in the name of the Hawaiian Government, a commentary on each of the articles of the treaty, showing that that Convention had been faithfully executed, in every part, to this very day.

M. Perrin refused to enter upon such a course, asserting that at the point to which the negotiation had arrived, such a proposal was inadmissible.

Mr. Wyllie then said that he could not think the desire of M. Perrin was to render the Government of the King impracticable, and to provoke a crisis disastrous to his independence and for the future interests of the commerce and shipping of France in the Northern Pacific Ocean. He suggested, in consequence, a solution of all the questions, honorable in his view for France, acceptable and beneficial to the King.

M. Perrin declared that he would consider all these projects, in view of the graveness of circumstances.

Mr. Wyllie asked permission to add, on the subject of a suggestion contained in the project of M. Perrin, and relative to a national salute to be given by the Hawaiian Fort to France, at the moment when the French Consular Flag should be again raised, that M. Dillon had voluntarily hauled down his flag, in spite of the protest of the Hawaiian Government, and that he could notify to M. Perrin, officially, with the full authority of the King, as he now did, that the Government of Kamehameha III. would never accept one dollar of indemnity from France, for the damages occasioned, and for the royal yacht taken away, unless a clear expression of regret for such injuries, and a salute in honor of the

King as sovereign, whose authority had been usurped in his own dominions, should first be granted.

M. Perrin expressed his regret on being so late informed of an opinion entirely contrary to the views of the French Government; he brought to mind that often already he had officially and verbally announced that the object of his mission was not to come and give satisfaction to a Government, although he came, on the contrary, to demand it with all the moderation which became the power of the French Republic, adding that that declaration had never provoked the least observation on the part of Mr. Wyllie. The Minister then said that that Resolution had only recently been taken in Council.

Mr. Wyllie besides declared that if this point of etiquette, in the opinion of M. Perrin, should prevent the re-establishment of diplomatic relations with France, she would lose nothing by it; that her interests in this Archipelago would not suffer, because he believed that the King would not the less continue to treat the French and their interests on the footing of the most favored nation.

The undersigned adjourned until to-morrow at 11 A. M.
R. C. WYLLIE,

Le Commissaire de la République Française,
EM. PERRIN.

Minister of Foreign Relations.

PROTOCOL of Wednesday, 19th March, 1851.

The undersigned met at the usual hour.

After having compared together the two drafts of declaration proposed by Mr. Wyllie, and that which he himself had brought the day before, the Commissioner of the French Republic offered to Mr. Wyllie to accept, in the name of France, four of the solutions which the Minister had indicated in his draft of the 15th instant, reserving to himself to ask new instructions from his Government in regard to the solutions offered on the other points of his note of the 1st February last, before proceeding further.

This proposal having been agreed to, the Minister said that he would submit the drafts of Declaration to the King in Cabinet, and then in Privy Council; and to allow time for that consultation and deliberation, the undersigned agreed to postpone their next meeting until Saturday the 22d instant.

M. Perrin added that in a note to be dated this day he would define the character in which he would remain, until his new instructions should arrive from France.

Le Commissaire de la République Française,

EM. PERRIN.

R. C. WYLLIE,

Minister of Foreign Relations.

THE HEART OF THE PACIFIC.

335

PROTOCOL of Saturday, 22d March, 1851. The two negotiators, undersigned, met at mid-day, as had been agreed upon.

Mr. Wyllie presented to M. Perrin a translation in the English language of the Declaration agreed upon, in which the Alternat was clearly preserved in favor of the King of the Sandwich Islands.

M. Perrin remarked that before all he had to sign the French and Hawaiian Texts, which were not prepared; that in these original documents he could not grant the Alternat to the King of the Hawaiian Islands, in conformity with the usage of France, Great Britain, and the United States; that from the 15th of January he had announced to the Minister that it would be only after the adjustment of the difficulties actually pending, that he could examine this question of etiquette, referring it to Paris, and then conforming to the orders which he should receive; that until then he could only maintain the statu quo; that this measure adopted for the originals ought necessarily to be in their translation. Mr. Wyllie having replied that he understood the Alternat as allowed to the King both by Great Britain and the United States, and that it was generally granted between the great powers, and even the middling, M. Perrin answered that he did not consider that the Hawaiian Kingdom had attained either of these two ranks.

Mr. Wyllie then produced one original of the English treaty of the 26th March, 1846, in which the signature of the Minister was before that of the Consul-general of England. M. Perrin observed that the only original published by the Hawaiian Government placed the signature of the agent of Great Britain on the same line as that of the Minister. To cut this discussion short, the undersigned have agreed from this time to follow the precedent of England, under all the reserves of the rights of both Governments.

It was agreed that the resolution of the King of the Sandwich Islands, containing the promise to refer to the decision of the President of the French Republic the question of indemnities reclaimed by the Hawaiian Government in consequence of the events of the month of August, 1849, shall be (subject to the King's pleasure) transmitted in an official note, to which the Commissioner of the French Republic will reply, accepting that offer, in the name of the Prince President. The undersigned, at their separation, agreed to meet again on Tuesday next at mid-day.

Le Commissaire de la République Française,

EM. PERRIN.

R. C. WYLLIE,

Minister of Foreign Relations.

PROTOCOL of Tuesday, 25th March, 1851.

The undersigned negotiators met this day, as had been agreed upon at their last conference of the 22d instant.

Before proceeding to the exchange of their respective powers, the undersigned employed themselves in comparing the French and English texts of the PROTOCOLS of the 15th, 18th, 19th, and 22d instant, and afterwards affixed thereto their signatures.

Mr. Wyllie remarked that after having hastily finished translations of M. Perrin's dispatch No. 18, of the 22d of this month, and of his “VERBAL NOTE" accompanying it, he desired to revise them with the French Commissioner, so as that when rendering an account thereof to the King and Council, he might be sure to convey the true meaning of M. Perrin. This verification was immediately made.

Mr. Wyllie then begged permission of the French Commissioner to read to him the notes No. 22, 23, 24, and 25, dated this day, all drafted in haste by him, but which it had been impossible for his Secretary to copy.

After reading them, the Minister expressed his strong hope that the French Government would consider all the points upon which a solution was deferred till after their Commissioner had referred them, as insignificant compared with those which had been settled; the Commissioner of the French Republic manifested a different opinion, and the two negotiators then agreed to give a new proof of their sincere desire to arrive, as soon as possible, at the re-establishment of relations between the two countries, by continuing to discuss, officially, and in a conciliatory spirit, in a series of new conferences, the divers points remaining to be settled, but that no new Declaration shall be made, till after the arrival of the instructions asked for of the French Government, by their Special Commissioner.

Mr. Wyllie asked M. Perrin's leave to call his attention to a claim which he had completely forgotten, at the moment of making out the Schedule of indemnities,

The undersigned then exchanged their respective powers, signed and sealed three originals of the Declaration agreed upon in French and Hawaiian, at 5 o'clock P. M., making mutual reserves in regard to the right of “Alternat.”

The undersigned then adjourned their sitting, sine die.

Le Commissaire de la République Française,

EM. PERRIN.

R. C. WYLLIE,

Minister of Foreign Relations.

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337

DECLARATION.

THE President of the French Republic, and the King of the Hawaiian Islands, animated by an equal desire to terminate the adjustment o pending difficulties between the two countries, and to prevent their return for the future, by assuring the just and complete execution of the convention of the 26th of March, 1846, in regard to the points in controversy, through a new official act, destined to interpret it, have chosen, for this purpose, the undersigned Commissioner of the French Republic, and Minister of Foreign Affairs of the Hawaiian Kingdom, the signers of the Treaty above mentioned, who, after having exchanged their full powers, found in good form, have agreed to the terms of the following declaration:

1. The Treaty of the 26th of March, 1846, will be faithfully adopted and interpreted in the two texts, French and Hawaiian, the only ones officially signed. It remains agreed in all the cases where the foreign judges not understanding French have to decide, the texts of the English treaty, officially declared identical, under reserve of the III. article, shall be considered as an exact translation.

2. Without admitting that by the establishment of a Custom-house duty of $5 per gallon upon spirits, the Hawaiian Government have gone beyond the exclusive power which France herself had granted to them, through the means of the wording of the VI. article of the Treaty above mentioned-an assertion, in regard to which, the undersigned French Commissioner makes all reserves-and after having proved that the effects of that duty have been profitable to France, and hurtful to the English and American trade in spirits-the King of the Sandwich Islands declares himself disposed to submit the question of the reduction of duty to $2.50 cents per gallon, as a maximum, to the legislature, which is to assemble next month, as a measure of political economy, which the Chamber of Commerce of Honolulu have recommended on strong grounds.

3. The government of the king cannot recognize, on the part of any foreign nation, the right of dictating or prescribing laws to them, on matters which affect only the religious belief or secular education of the native subjects of the king; nevertheless, disposed to admit the third of the demands presented by M. Perrin, on the 1st of February last, as a friendly suggestion, destined for the examination of the legislature which is to assemble this year, the Hawaiian Government will place these assemblies in a position to decide, if the equality between the Catholics and the Protestants, under the protection of the Constitution and the Laws, of which numerous proofs have been furnished, do not yet require something for its perfect application.

4. Documents presented by French citizens, in their own language,

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