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Clifton M. Hasegawa 
President and CEO 
Clifton M. Hasegawa & Associates, LLC 
1044 Kilani Avenue 12 
Wahiawa, Hawaii 96786-2243 
Telephone: 808.633.2532 
Direct: 808.498.8408 
Email: clifhasegawa@gmail.com 
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa 
November 17, 2014 
THE HONORABLE SENATOR MAIZE HIRONO 
United States Senator, Hawaii 
THE HONORABLE BRIAN SCHATZ 
United States Senator, Hawaii 
THE HONORABLE TULSI GABBARD 
United States Congresswoman, Hawaii 
THE HONORABLE COLLEEN HANABUSA 
United States Congresswoman, Hawaii 
THE HONORABLE MARK TAKAI 
United States Congressman- Elect, Hawaii 
THE HONORABLE DAVID IGE 
Governor, State of Hawaii 
THE HONORABLE SHAN TSUTSUI 
Lieutenant Governor, State of Hawaii 
THE HONORABLE CARMEN HULU LINDSEY 
Trustee, Office of Hawaiian Affairs 
RE: Building the Hawaiian Nation --- IMUA 
Dear Senator Hirono, Senator Schatz, Congresswoman Gabbard, 
Congresswoman Hanabusa and Congressman Takai,
Governor Ige, Lieutenant Governor Tsutsui, Trustee Lindsey, 
The United States signed the Vienna Convention on the Law of 
Treaties on April 24, 1970. The United States Senate has not given its 
advice and consent to the treaty. The United States considers provisions 
of the Vienna Convention on the Law of Treaties as embodied in and part 
of existing and customary international law on the law of treaties. 
The Vienna Convention, in applicable part provides, 
*** 
VIENNA CONVENTION ON THE LAW OF TREATIES 
SECTION 3. 
TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES 
Article 54 
Termination of or withdrawal from a treaty 
under its provisions or by consent of the parties 
The termination of a treaty or the withdrawal of a party may take place: 
(a) in conformity with the provisions of the treaty; or 
(b) at any time by consent of all the parties [to the treaty] after 
consultation with the other contracting States. 
[Emphasis and Clarification Supplied] 
*** 
The following list of Bilateral Treaties of the Kings of Hawaii is the 
archival and historical research from Mr. Sam Monet of Haleiwa, Hawaii:
King Kamehameha III 
United States of America, December 23, 1826 (Treaty) 
United Kingdom, November 13, 1836 (Lord E. Russell's Treaty) 
France, July 17, 1839 (Captain LaPlace's Convention) 
France, March 26, 1846 (Treaty) 
United Kingdom, March 26, 1846 (Treaty) 
Denmark, October 19, 1846 (Treaty) 
Hamburg, January 8, 1848 (Treaty) 
Agreement Touching Consular Notices (Danish and Hamburg 
Treaties), January 25, 1848 
United States of America, December 20, 1849 (Treaty) 
Sweden and Norway, July 1, 1852 (Treaty) 
Tahiti, November 24, 1853 (Treaty) 
Bremen, March 27, 1854 (Treaty) 
King Kamehameha IV 
France, September 8, 1858 (Treaty) 
Belgium, October 4, 1862 (Treaty) 
Netherlands, October 16, 1862 (Treaty) 
Italy, July 22, 1863 (Treaty) 
Spain, October 9, 1863 (Treaty) 
King Kamehameha V 
Swiss Confederation, July 20, 1864 (Treaty) 
Russia, June 19, 1869 (Treaty) 
Japan, August 17, 1871 (Treaty)
King Kalākaua 
New South Wales, March 10, 1874 (Postal Convention) 
United States of America, January 30, 1875 (Reciprocity Treaty) 
German Empire, 1879-80 (Treaty) 
Portugal, May 5, 1882 (Provisional Convention) 
United States of America, December 6, 1884 (Supplementary 
Convention) 
Hong Kong, December 13, 1884 (Money Order Regulations) 
Universal Postal Union, March 21, 1885 (Additional Act of Lisbon) 
Japan, January 28, 1886 (Convention) 
Universal Postal Union, November 9, 1886 (Ratification) 
Samoa, March 20, 1887 (Treaty) 
*** 
The Compendium following this letter provides additional specific 
detail from Mr. Sam Monet for your review, consideration and action to 
continue the movement of our Kings – their wisdom and vision 
transcends, lives today for tomorrow and the generations to follow. 
Respectfully, 
Clifton M. Hasegawa
COMMENDIUM: BILATERAL TREATIES 
KING KAMEHAMEHA III 
KING KAMEHAMEHA IV 
KING KAMEHMEHA V 
KING DAVID KALAKAUA 
Mr. Sam Monet 
Haleiwa, Hawaii
Hawaii-United States Treaty - 1826 
HAWAIIAN ISLANDS 
COMMERCE 
Articles of arrangement signed at Honolulu December 23, l826 
Entered into force December 23, 1826 
Articles of arrangement made and concluded at Oahu between Thomas Captain Catesby 
Jones appointed by the United States, of the one part, and Kauikeaouli, King of the 
Sandwich Islands, and his Guardians, on the otherpart. 
Art: lst 
The peace and friendship subsisting between the United States, and their Majesties, the 
Queen Regent, and Kauikeaouli, King of the Sandwich Islands and their subjects and 
people, are hereby confirmed, and declared to be perpetual. 
Art: 2nd 
The ships and vessels of the United States (as well as their Consuls and all other citizens 
within the territorial jurisdiction of the Sandwich Islands, together with all their 
property), shall be inviolably protected against all Enemies of the United States in time of 
war. 
Art: 3rd 
The contracting parties being desirous to avail themselves of the bounties of Divine 
Providence, by promoting the commercial intercourse and friendship subsisting between 
the respective Nations, for the better security of these desirable objects, Their Majesties 
bind themselves to receive into their Ports and Harbours all ships and vessels of the 
United States; and to protect, to the utmost of their capacity, all such ships and vessels, 
their cargoes officers and crews, so long as they shall behave themselves peacefully, and 
not infringe the established laws of the land the citizens of the United States being 
permitted to trade freely with the people of the Sandwich Islands. 
Art: 4th 
Their Majesties do further agree to extend the fullest protection, within their control, to 
all ships and vessels of the United States which may be wrecked on their shores; and to 
render every assistance in their power to save the wreck and her apparel and cargo; and as 
a reward for the assistance and protection which the people of the Sandwich Islands shall
afford to all such distressed vessels of the United States, they shall be entitled to a 
salvage, or a portion of the property so saved; but such salvage shall, in no case, exceed 
one third of the value saved; which valuation is to be fixed by a commission of 
disinterested persons who shall be chosen equally by the Parties. 
Art: 6th 
Citizens of the United States, whether resident or transient, engaged in commerce, or 
trading to the Sandwich Islands, shall be inviolably protected in their lawful pursuits; and 
shall be allowed to sue for, and recover by judgment, all claims against the subjects of 
His Majesty The King according to strict principles of equity, and the acknowledged 
practice of civilized nations. 
Art: 7th 
Their Majesties do further agree and bind themselves to discountenance anduse all 
practicable means to prevent desertion from all American ships which visit the Sandwich 
Islands; and to that end it shall be made the duty of all Governors, Magistrates, Chiefs of 
Districts, and all others in authority, to apprehend all deserters; and to deliver them over 
to the master of the vessel from which they have deserted; and for the apprehension of 
every such deserter, who shall be delivered over as aforesaid, the master, owner, or agent, 
shall pay to the person or persons apprehending such deserter, the sum of six Dollars, if 
taken on the side o the Island near which the vessel is anchored; but if taken on the 
opposite side of the Island, the sum shall be twelve Dollars; and if taken on any other 
Island, the reward shall be twenty four Dollars, and shall be a just charge against the 
wages of every such deserter. 
Art: 8th 
No tonnage dues or impost shall be exacted of any Citizen of the United States which is 
not paid by the Citizens or subjects of the nation most favoured in commerce with the 
Sandwich Island; and the citizens of subjects of the Sandwich Islands shall be allowed to 
trade with the United States and her territories, upon principles of equal advantage with 
the most favoured nation. 
Done in council at Honolulu, Island of Waohoo, this 23rdday of December in the year of 
our Lord 1826. 
THOS. AP CATESBY JONES. 
ELISABETA KAAHUMANU. 
KARAIMOKU. 
POKI. 
HOWAPILI. 
LIDIA NAMAHANA.
US TREATY WITH THE HAWAIIAN ISLANDS, DEC. 20, 1849 
Treaty signed at Washington December 20, 1849 
Senate advice and consent to ratification January 14, 1850 
Ratified by the President of the United States February 4, 1850 
Ratified by the Hawaiian Islands August 19, 1850 
Ratifications exchanged at Honolulu August 24, 1850 
Entered into force August 24, 1850 
The United States of America and His Majesty the King of the Hawaiian Islands, equally 
animated with the desire of maintaining the relations of good understanding which have 
hitherto so happily subsisted between their respective states, and consolidating the 
commercial intercourse between them, have agreed to enter into negotiations for the 
conclusion of a Treaty of Friendship, Commerce and Navigation, for which purpose they 
have appointed plenipotentiaries, that is to say: 
The President of the United States of America, John M. Clayton, Secretary of State of the 
United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, 
accredited as his Special Commissioner to the Government of the United States; who, 
after having exchanged their full powers, found in good and due form, have concluded 
and signed the following articles: 
Article I 
There shall be perpetual peace and amity between the United States and the King of the 
Hawaiian Islands, his heirs and his successors. 
Article II 
There shall be reciprocal liberty of commerce and navigation between the United States 
of America and the Hawaiian Islands. No duty of customs, or other impost, shall be 
charged upon any goods, the produce or manufacture of one country, upon importation 
from such country into the other, other or higher than the duty or impost charged upon 
goods of the same kind, the produce of manufacture of, or imported from, any other 
country; and the United States of America and His Majesty the King of the Hawaiian 
Islands do hereby engage, that the subjects or citizens of any other state shall not enjoy 
any favor, privilege, or immunity, whatever, in matters of commerce and navigation, 
which shall not also, at the same time, be extended to the subjects or citizens of the other 
contracting party, gratuitously, if the concession in favor of that other State shall have 
been gratuitous, and in return for a compensation, as nearly as possible of proportionate 
value and effect, to be adjusted by mutual agreement, if the concession shall have been 
conditional.
Article III 
All articles the produce or manufacture of either country which can legally be imported 
into either country from the other, in ships of that other country, and thence coming, 
shall, when so imported, be subject to the same duties, and enjoy the same privileges, 
whether imported in ships of the one country, or in ships of the other; and in like manner, 
all goods which can legally be exported or re-exported from either country to the other, in 
ships of that other country, shall, when so exported or re-exported, be subject to the same 
duties, and be entitled to the same privileges, drawbacks, bounties, and allowances, 
whether exported in ships of the one country, or in ships of the other: and all goods and 
articles, of whatever( description, not being' of the produce of manufacture of the United 
States, which can be legally imported into the Sandwich Islands shall when so imported 
In vessels of the United States pay no other or higher duties, imposts, or charges than 
shall be payable upon the like goods, and articles, when imported in the vessels of the 
most favored foreign nation other than the nation of which the said goods and articles are 
the produce or manufacture. 
Article IV 
No duties of tonnage, harbor, lighthouses, pilotage, quarantine, or other similar duties, of 
whatever nature, or under whatever denomination, shall be imposed in either country 
upon the vessels of the other, in respect of voyages between the United States of America 
and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall 
not be equally imposed in the like cases on national vessels. 
Article V 
It hereby declared, that the stipulations of the present treaty are not to be understood as 
applying to the navigation and carrying trade between one port and another situated in the 
state of either contracting party, such navigation and trade being reserved exclusively to 
national vessels. 
Article VI 
Steam vessel of the United States which may be employed by the Government of the said 
States, in the carrying of their Public Mail across the Pacific Ocean, of from one port in 
that ocean to another, shall have free access to the ports of the Sandwich Islands, with the 
privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and 
for the transaction of any business pertaining to the public Mail service of the United 
States, and be subject in such ports to no duties of tonnage, harbor, lighthouses, 
quarantine, or other similar duties of whatever nature of under whatever denomination. 
Article VII 
The Whale ships of the United States shall have access to the Port of Hilo, Kealakekua 
and Hanalei in the Sandwich Islands, for the purposes of refitment and refreshment, as
well as to the ports of Honolulu and Lahaina which only are ports of entry for all 
Merchant vessels, and in all the above named ports, they shall be permitted to trade or 
barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred 
dollars ad valorem for each vessel, without paying any charge for tonnage or harbor dues 
of any description, or any duties or imposts whatever upon the goods or articles so traded 
or bartered. They shall also be permitted; with the like exemption from all chargers for 
tonnage and harbor dues, further to trade or barter, with the same exception as to spiritous 
licquors, to the additional amount of one thousand dollars ad valorum, for each vessel, 
paying upon the additional goods and articles so traded and bartered, no other or higher 
duties, than are payable on like goods and articles, when imported in the vessels and by 
the citizens or subject of the most favored foreign nation. 
They shall so be permitted to pass from port to port of the Sandwich Islands for the 
purpose of procuring refreshments, but they shall not discharge their seamen or land their 
passenger in the said Islands, except at Lahaina and Honolulu; and in all the ports named 
to this article, the whale ships of the United States shall enjoy in all respects, whatsoever, 
all the rights, privileges and immunities which are enjoyed by, or shall be granted to, the 
whale ships of the most favored foreign nation. The like privilege of frequenting the three 
ports of the Sandwich Islands, above named in this article, not being ports of entry for 
merchant vessels, is also guaranteed to all the public armed vessels of the United States. 
But nothing in this article shall be construed as authorizing any vessel of the United 
States, having on board any disease usually regarded as requiring quarantine, to enter 
during the continuance of such disease on board, any port of the Sandwich Islands, other 
than Lahaina or Honolulu. 
Article VIII 
The contracting parties engage, in regard to the personal privileges, that the citizens of 
the United States of America shall enjoy in the dominion of His Majesty the King of the 
Hawaiian Islands, and the subjects of his said Majesty in the United States of America, 
that they shall have free and undoubted right to travel and to reside in the states of the 
two high contracting parties, subject to the same precaution a police which are practiced 
towards the subjects or citizens of the most favored nations. They shall be entitled to 
occupy dwellings and warships, and to dispose of their personal property of every kind 
and description, by sale, gift, exchange, will, or in any other way whatever, without the 
smallest hindrance or obstacle; and their heir or representatives, being subject or citizens 
of the other contracting party, shall succeed to their personal goods, whether by testament 
or ab intestato; and may take possession thereof, either by themselves or by others acting 
for them, and dispose of same by will, paying to the profit of the respective governments, 
such dues only as the inhabitants of the country wherein said goods are, shall be subject 
to pain in like cases. And in case of the absence of the heir and representative, such care 
shall be taken of said goods as would be taken of the goods of a native of the same 
country in like case, until the lawful owner may take measures for receiving them. 
And if a question should arise among several claimants as to which of them aid goods 
belong, the same shall be decided finally by the laws and judges of the land wherein the
said goods are. Where, on the decease of any person holding real estate within the 
territories of one party, such real estate would, by the laws of the land, descend on a 
citizen or subject of the other, were he not disqualified by alienage, such citizen or 
subject shall be allowed a reasonable time to sell the same, and to with draw the proceeds 
without molestation and exempt from all duties of detraction on the part of the 
government of the respective states. The citizens or subjects of the contracting parties 
shall not be obligated to pay, under any pretence whatever, any taxes or impositions other 
or greater than those which are paid, or may hereafter be paid , by the subjects or citizens 
of most favored nations, in the respective states of the high contracting parties. They shall 
be exempt from all military service, whether by land or by sea; from forced loans; and 
from every extraordinary contribution not general and by law established. Their 
dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of 
commerce or residence shall be respected. 
No arbitrary search of , or visit to, their houses, and no arbitrary examination or 
inspection whatever of the books, papers, or accounts of their trade, shall be made; but 
such measures shall be executed only in conformity with the legal sentence of a 
competent tribunal; and each of the two contracting parties engage that the citizens or 
subjects of the other residing in their respective States shall enjoy their property and 
personal security, in as full and ample manner of their own citizens or subjects, of the 
subjects or citizens of the most favored nation, but subject always to the laws and statutes 
of the two countries restively. 
Article IX 
The citizen and subjects of each of the two contracting parties shall be free in the state of 
the other to manage their own affairs themselves, or to commit those affairs to the 
management of any persons whom they may appoint as their broker, factor or agent; nor 
shall the citizens and subjects of the two contracting parties be restrained in their choice 
of person to act in such capacities, nor shall they be called upon to pay and salary or 
remuneration to any person whom they shall not choose to employ. 
Absolute freedom shall be given in all cases to the buyer and seller to bargain together 
and to fix the price of any good or merchandise imported into, or to be exported from the 
state and dominions of the two contracting parties; save and except generally such case 
wherein the laws and usages of the country may require the intervention of any special 
agent in the estate and dominion of the contracting parties. But nothing contained in this 
or any other article of the present Treaty shall be construed to authorize the sale of 
spirituous liquors to the natives of the Sandwich Islands, further than such sale may be 
allowed by the Hawaiian laws. 
Article X 
Each of the two contracting parties may have, in the ports of the other, consul, vice 
consul, and commercial agent, of their own appointment, who shall enjoy the same 
privileges and power with those of the most favored nations; but if any such consul shall
exercise commerce, they shall be subject to the same law and usage to which the private 
individuals of their nation are subject in the same place. The said Consul, vice consul, 
and commercial agents are authorized to require the assistance of the local authorities for 
the search, arrest, detention, and imprisonment of the deserters from the ships of war and 
merchant vessels of their country. For this purpose, they shall apply to the competent 
tribunal, judges and officers, and shall in writing demand the said deserters, proving, by 
the exhibition of the registers of the vessel, the rolls of the crews, or by other official 
document, that such individual formed part of the crew; and this reclamation being thus 
substantiated, the offender shall not be refused. Such deserters, when arrested shall be 
placed at the disposal of the said consul, vice consul, or commercial agents, and may be 
confined in the public prison, at the request and cost of those who all claim them, in order 
to be detained until the time when they shall be restored to the vessel to which they 
belonged, or sent back to their own country by a vessel of the same nation or any other 
vessel whatsoever. 
The agent, owners or masters of vessels on account of whom the deserters have been 
apprehended, upon requisition of the local authorities shall be required to take or send 
away such deserters from the state and dominions of the contracting parties, or give such 
security for their good conduct as the law may require. But if not sent back nor reclaimed 
within six months from the day of their arrest, or if all the expenses of such imprisonment 
are not defrayed by the party causing such arrest and imprisonment, they shall be set at 
liberty and shall not be again arrested for the same cause. However, if the deserters 
should be found to have committed any crime or offense, their surrender may be delayed 
until the tribunal before which their case shall be depending, shall have pronounced its 
sentence, and such sentence shall have been carried into effect. 
Article XI 
It is agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens 
and subjects of both the contracting parties, in the countries of the one of the other, 
without their being liable to be disturbed or molested on account of their religious belief. 
But nothing contained in this article shall be construed to interfere with the exclusive 
right of the Hawaiian Government to regulate for itself the schools which it may establish 
or support within its jurisdiction. 
Article XII 
If any ships of war or other vessels be wrecked on the coasts of the states or territories of 
either of the contracting parties, such ships or vessels, or any parts thereof, and all 
furniture and appurtenance belonging thereunto, and all goods and merchandise which 
shall be stored with the least possible delay to the proprietors, upon being claimed by 
them or their duly authorized factors; and if there are no such proprietors or factors on the 
spot, then the said goods and merchandise, or the proceeds thereof, as well as all the 
papers found on board such wrecked ships or vessels, shall be delivered to the American 
or Hawaiian consul, or vice consul, in whose district the wreck may have taken place; 
and such consul, vice consul, proprietors, or factors, shall pay on the expenses incurred in
the preservation of the property, together with the rate of salvage, and expenses of 
quarantine which would have been payable in the like case of a wreck of a national 
vessel; and the goods and merchandise saved from the wreck shall not be subject to 
duties unless entered for consumption, it being understood that in case of any legal claim 
upon such wreck, goods, or merchandise, the same shall be referred for decision of the 
competent tribunals of the country. 
Article XIII 
The vessels of either of the two contracting parties which may be forced by weather or 
other cause into one of the ports of the other, shall be exempt from all duties of port or 
navigation paid for the benefit of the state, if the motives which led to their seeking 
refuge be real and evident, and if no cargo be discharged or taken on board, save such as 
may relate to the substinence of the crew, or be necessary for the repair of the vessels, 
and if they do not stay in port beyond the time necessary, keeping in view the cause 
which led to their seeking refuge. 
Article XIV 
The contracting parties mutually agree to surrender, upon official requisition, to the 
authority of each, all persons who, being charged with the crimes of murder, piracy, 
arson, robbery, forgery or the utterance of forged paper, committed within the jurisdiction 
of either, shall be found within the territories of the other; provided, that this shall only be 
done upon such evidence or criminality as, according to the laws of the place where the 
person so charged shall be found, would justify his apprehension and commitment for 
trial if the crime had there been committed: and the respective judges and other 
magistrates of the two Governments, shall have authority, upon complaint made under 
oath, to issue a warrant for the apprehension of the person do charged, that he may be 
brought before such judge or other magistrates respectively, to the end that the evidence 
of criminality may be heard and considered; and if, on such hearing, the evidence be 
deemed sufficient to sustain the charge, it shall be the duty of the examining judge or 
magistrate to certify the same to the proper executive authority, that a warrant may issued 
for the surrender of such fugitive. The expense of such apprehension and delivery shall 
be borne and defrayed by the party who makes the requisition and receives the fugitive. 
Article XV 
So soon as Steam or other mail packets under the flag of either of the contracting parties, 
shall have commenced running between their respective ports of entry, the contracting 
parties agree to receive at the post offices of those ports all mailable matter, and to 
forward it as directed, the destination being to dome regular post office of either country, 
charging thereupon the regular postal rate as established by law in the territories of either 
party receiving said mailable matter, in addition to the original postage o the office 
whence the mail as sent. Mails for the United States shall be made up at regular intervals 
at the Hawaiian Post Office, and dispatched to ports of the United States, the postmasters 
at which ports shall open the same, and forward the enclosed matter as directed, crediting
in the Hawaiian Government with their postages as established by law and stamped upon 
each manuscript or printed sheet. 
All mailable matter destined for the Hawaiian Islands shall be received at the several post 
office in the United States and forwarded to San Franclsco or other ports on the Pacific 
coast of the United States, whence the postmasters shall despatch it by the regular mail 
packets to Honolulu, the Hawaiian government agreeing on their part to receive and 
collect for and credit the Post Office Department of the United State with the United 
States rates charged thereupon. It shall be optional to prepay the postage on letters in 
either country, but postage on printed sheets and newspapers shall in all cases be prepaid. 
The respective post office department of the contracting parties shall in their accounts, 
which are to be justified annually, be credited with all dead letters returned. 
Article XV 
The present treaty shall be in force from the date of the exchange of the ratification for 
the term of ten years, and further, until the and of twelve months after either of the 
contracting parties all have given notice to the other of its intention to terminate the same, 
each of the said contracting parties reserving to itself the right of giving such notice at the 
end of the said term of ten years, or at any subsequent term. 
Any citizen or subject of either party infringing the articles of this treaty shall be held 
responsible for the same and the harmony and good correspondence between the two 
governments shall not be interrupted thereby, each party engaging in no way to protect 
the offender or sanction such violation. 
Article XVII 
The present treaty hall be ratified by the President of the United States of America, by 
and with the advice and consent of the Senate of said States, , and by His Majesty the 
King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and 
the ratifications shall be exchanged at Honolulu within eighteen months from the date of 
its signature, or sooner if possible. In witness whereof, the respective plenipotentiaries 
have signed the same in triplicate, and have thereto affixed their seals. Done at 
Washington in the English language, thetwentieth day of December, in the year one 
thousand eight hundred and forty nine. 
JOHN M. CLAYTON. 
JAMES JACKSON JARVES
TREATY OF RECIPROCITY BETWEEN THE UNITED STATES OF AMERICA 
AND THE HAWAIIAN KINGDOM 
Ratified by the Hawaiian Islands April 17, 1875 
Ratified by the President of the United States, with amendments, May 31, 1875 
Ratifications exchanged at Washington, June 3, 1875 
Entered into force September 9, 1876 
The United States of Americas and his Majesty the King of the Hawaiian Islands, equally 
animated by the desire to strengthen and perpetuate the friendly relations which have 
heretofore uniformly existed between them, and to consolidate their commercial 
intercourse, have resolved to enter into a Convention for Commercial Reciprocity. For 
this purpose, the President of the United States has conferred full powers on Hamilton 
Fish, Secretary of State, and His Majesty the King of the Hawaiian Islands has conferred 
like powers on Honorable Elisha H. Allen, Chief Justice of the Supreme Court, 
Chancellor of the Kingdom, member of the Privy Council of State, His Majesty's Envoy 
Extraordinary and Minister Plenipontentiary to the United States of America, and 
Honorable Henry A. P. Carter, member of the Privy Council of State, His Majesty' s 
special Commissioner to the United States of America. 
And the said Plenipotentiaries, after having exchanged their full powers, which were 
found to be in due form, have agreed to the following articles: 
ARTICLE I 
For and in consideration of the right and privileges granted by His Majesty the King of 
the Hawaiian Islands in the next succeeding article of this Convention, and as an 
equivalent therefor, the United States of America hereby agree to admit all the articles 
named in the following schedule, the same being the growth and manufacture or produce 
of the Hawaiian Islands, into all the ports of the United States free of duty. 
SCHEDULE 
Arrow-root, castor oil, bananas, nuts, vegetables, dried and undried, preserved and 
unpreserved; hides and skins, undressed; rice; pulu; seeds; plants, shrubs, or tree; 
muscovado, brown, and all other unrefined sugar, meaning hereby the grade of sugar 
heretofore commonly imported from the Hawaiian Islands, and now known in the 
markets of San Francisco and Portland a " Sandwich Island Sugar ;" syrups of sugar-cane, 
melado, and molasses; tallow. 
ARTICLE II 
For and in consideration of the right and privilege granted by the United States of 
America in the preceding article of this Convention, and as an equivalent therefor, His 
Majesty the King of the Hawaiian Islands hereby agrees to admit all the articles named in
the following schedule, the same being the growth, manufacture, or produce of the United 
States of America, into all the ports of the Hawaiian Islands free of duty. 
SCHEDULE 
Agricultural implements; animals; beef, bacon, pork, ham, and all fresh, smoked, or 
preserved meat; boots and shoes; grain, flour, meal, and bran. Bread and breadstuff, of all 
kinds; bricks, lime, and cement; butter, cheese, lard, tallow; bullion; coal; cordage, naval 
stores, including tar, pitch, resin, turpentine raw and rectified; copper and composition 
sheating; nails and bolts; cotton and manufactures of cotton, bleached and unbleached, 
and whether or not colored, stained, painted, or printed; eggs; fish and oysters, and all 
other creatures living in the water, and the produce thereof; fruits, nuts, and vegetables, 
green, dried, or undried, preserved or unpreserved; hardware; hides, furs, skins and pelts, 
dressed or undressed; hoop iron and rivets, nails, spikes and bolts, sacks, brads, or sprigs; 
ice; iron and steel and manufactures thereof; leather; lumber and timber of all kinds, 
round, hewed, sawed and unmanufactured, in hole or in part; doors, sashes, and blinds; 
machinery of all kinds, engines and parts thereof; oats and hay; paper, stationary, and 
books, and all manufactures of paper or paper and wood; petroleum and all oils for 
lubricating or illuminating purposes; plants shrubs, trees, and seeds; rice; sugar, refined 
or unrefined; salt; soap; shooks, staves, and headings; wool and manufactures of wool, 
other than read-made clothing; wagons and carts for the purposes of agriculture or of 
dryage; wood and manufacture of wood, or of wood and metal, except furniture either 
upholstered or carved, and carriages; textile manufactures made of a combination of 
wool, cotton, silk, or linen, or of any two or more of them other than when ready-made 
clothing; harness and all manufactures of leather; starch; and tobacco, whether in leaf or 
manufactured. 
ARTICLE III 
The evidence that articles proposed to be admitted into the ports of the United States of 
America, or the ports of the Hawaiian Islands, free of duty, under the first and second 
articles of this Convention, are the growth, manufacture, or produce of the United States 
of America or of the Hawaiian Islands, respectively, shall be established under such rules 
and regulations and conditions for the protection of the revenue as the two Governments 
may from time to time respectively prescribe. 
ARTICLE IV 
No export duty or charges shall be imposed in the Hawaiian Islands, or in the United 
States, upon any of the articles proposed to be admitted into the ports of the United States 
or the ports of the Hawaiian Islands free of duty under the first and second articles of this 
Convention. It is agreed, on the part of His Hawaiian Majesty, that, so long as this Treaty 
shall remain in force, he will not lease or otherwise dispose of or create any lien upon any 
port, harbor, or other territory in his dominions, or grant so special privilege or right of 
use therein, to any other power, state, or government, nor make any treaty by which any
other nation shall obtain the same privileges, relative to the admission of any articles free 
of duty hereby secured to the United States. 
ARTICLE V 
The present Convention shall take effect as soon as it shall have been approved and 
proclaimed by His Majesty the King of the Hawaiian Islands, and shall have been ratified 
and duly proclaimed on the part of the government of the United States, but not until a 
law to carry it into operation shall have been passed by the Congress of the United States 
of America. Such assent having been given and the ratifications of the Convention having 
been exchanged provided in Article I., this Convention shall remain in force for seven 
years from the date at which it may come. into operation; and further, until the expiration 
of twelve months after either of the contracting parties shall give notice to the other of its 
wish to terminate the same; each of the high contracting parties being at liberty to give 
such notice to the other at the end of the said term of seven years, or at an time thereafter. 
ARTICLE VI 
The present Convention shall be duly ratified and the ratification exchanged at 
Washington City, within eighteen months from the date hereof, or earlier if possible. 
In faith whereof the respective Plenipotentiaries of the high contracting parties have 
signed this present Convention, and have affixed thereto their respective seal. 
Done in duplicate, at Washington, the thirteenth day of January, in the year of our Lord 
one thousand eight hundred and seventy-five. 
HAMILTON FISH 
ELISHA H. ALLEN 
HENRY A.P. CARTER 
NOTES 
King Kalaukaua in his speech before the opening session of the 1887 Hawaiian 
Legislature stated: 
"I take great pleasure in informing you that the Treaty of Reciprocity with the United 
States of America has been definitely extended for seven years upon the same terms as 
those in the original treaty, with the addition of a clause granting to national vessels of 
the United States the exclusive privilege of entering Pearl River Harbor and establishing 
there a coaling and repair station. This has been done after mature deliberation and the 
interchange between 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 jurisdiction on the part of the Hawaiian 
Kingdom and that such privilege is coterminous with the treaty.
I regard this as one of the most important events of my reign, and I sincerely believe that 
it will re-establish the commercial progress and prosperity which began with the 
Reciprocity Treaty." 
Department of Foreign Affairs: 
Honolulu, December 8, 1887 
Foreign Minister Brown: 
Hon. S. G. Wilder, President Legislature, 1887-Sir: 
In reply to the hon. member for Wailuku (Hon. W.F. Daniels), I have the honor to state 
that the paragraph in His Majesty's address to the Legislature was founded upon the 
information received and the advise given to His Majesty by His Majesty's Ministers. The 
paragraph referred to says that "after mature deliberation and the interchange between 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 jurisdiction on the part of the Hawaiian Kingdom and that such 
privilege is coterminous with the treaty" and that "the Treaty of Reciprocity with the 
United States of America has been definitely extended for seven years upon the same 
terms as those in the original treaty". 
The notes exchanged between Mr. Carter and Mr. Bayard in regard to the construction 
and interpretation of the U.S. Senates amendment are accepted as sufficient to justify His 
Majesty's Government, relying upon the good faith of the United States in adopting the 
amendment. These notes are hereafter referred to. 
On October 19, 1887, I had the honor to state to H.B.M.'s Commissioner, in dispatch to 
him on this subject that " all rights, the sovereignty and independence of this Kingdom 
are to be conserved, such a privilege could not have been conceded to any other power, 
the status of other nations possessing treaties with Hawaii is unchanged by the 
preferential character of the article, and in on other respect has any preference been given 
which has not hither to been enjoyed by the United States." 
There is not "saving clause" in the ratification by the Hawaiian Government 
"misconstruction." The reliance is placed upon the good faith of the United States 
Government to adhere to the notes of interpretation through which the exchange of 
ratification 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 explanatory thereof have been exchanged 
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 the notes exchanged between H.M.'s Ministers 
Plenipotentiary at Washington and the Hon. Secretary of State, prior to the exchange of 
ratifications, which I have had the honor to place before the Legislature, Mr. Carter says:
"The amendment which now you officially communicate to me was inserted into the 
convention in secret session of the Senate, and no opportunity was given mutual 
consultation and consideration of its terms, consequently my Government has had no part 
in its construction, and could not have suggested any changes, in its working to guard 
against misapprehension. Under these circumstances it becomes proper in me, before 
transmitting it to my Government, to ascertain the views of the Government of the U.S. 
as to the construction proper to be put upon the interpolated article. 
The first question of construction has reference to the effect of the license, or right, to 
enter the harbor or Pearl River, upon the jurisdiction of the Hawaiian Government over 
the harbor. It would seem to be clear that the question of Hawaiian jurisdiction is left 
untouched by the article, and that in the event of the United States availing itself of the 
right stipulated for, autonomous control of the Hawaiian Government remains the same 
as its control over other harbors in the group where national vessels may be except that 
the article, in accordance with the article IV of the existing convention, prevents the 
Hawaiian Government from granting similar exclusive privileges during the continuance 
of the convention to any other nation. 
As no especial jurisdiction is stipulated 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 Hawaii, and to transfer the absolute property in and 
jurisdiction over the harbor to the Untied States. 
To satisfy the natural and proper susceptibilities of Hawaiians, of which I have heretofore 
informed you, strong intimations have emanated from those charged with the 
administration of my Government with their communications to me, I take occasion to 
say that I consider it probable that my 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 that would be the duration of the 
license or right granted by the interpolated article. 
The article mentions no special term for continuance of the privileges, but as the whole, 
and only purpose of the convention into which the article was inserted was, as stated in 
its preamble, to fix the definite limitation of the duration of the existing convention 
providing for the reciprocal exchange of privileges, to which this privilege is added by 
virtue of this interpolated article, it follows in the absence of any stipulation to the 
contrary that its term of duration would be the same as that fixed for the other privileges 
given by the original convention. 
The only excuse for the insertion of such an article into a treaty of this nature would be its 
relevancy to the privileges stipulated for in the original convention of 1875, to which this 
is supplementary and the duration of which this convention is intended to limit and 
define. 
No separate single article or part of a treaty can be held to have a continuing power apart 
from the rest of the treaty unless provided for in specific terms. The supplementary
provisions and the original provisions which they effect, are necessary merged into one 
instrument to be dealt with throughout as a whole. 
It could not have been expected in the Senate that Hawaii would consent to a perpetual 
grant of the privilege sought in return for seven years' extension of the treaty of 1875, 
especially in view of the danger of a material lessening of the advantages to Hawaii by 
changes in tariff laws of the United States, and it must be apparent that if any different 
term of duration was intended it would have been stipulated for, as it cannot be thought 
that the Senate had any other intent than that plainly set forth. 
"Therefore the conclusion which I have reached and which I think is the obvious 
conclusion to be drawn from the words of the interpolated article is that it does not and is 
not intended to invade or diminish in any way autonomous jurisdiction of Hawaii, while 
giving to the United States the exclusive rights of use in Pearl harbor stipulated therein 
for the sole purposes stated in the article, and further, that the article II of the convention 
and the privilege conveyed by it will cease and determine with the termination of the 
treaty of 1875, under the conditions fixed by this convention. 
"I apprehend that my Government will agree with my conclusions and that in considering 
the advisability of ratifying the convention with this amendment inserted by the U.S. 
Senate my Sovereign will doubtless be aided in coming to a favorable conclusion if it 
shall be found that on these questions of interpretation of the convention the two 
Governments do not differ, and the Hawaiian Government will doubtless desire that their 
understanding, which I believe I have set forth in this note, shall be fully understood by 
the Government of the Untied States before ratifications are exchanged. 
In correspondence between the two government's representative on December 8, 1887 the 
United States Secretary Bayard replied as follows: 
"The amendment relating to the harbor of Pearl River was adopted in its Executive 
Session by the Senate, and I have no other means of arriving at its extent and meaning 
than the words employed naturally import. 
"No ambiguity or obscurity in that amendment is observable, and I can discern therein no 
subtraction from Hawaiian Sovereignty over the harbor to which it relates nor any 
language importing a longer duration for the interpolated Article II than is provide for in 
article I of the supplementary convention. 
"The limitation of my official powers does not make it competent for me in this 
connection to qualify, expand or explain the amendments engrafted on that convention by 
the Senate, but in the present case, I am unable to perceive any need for auxiliary 
interpretation or ground for doubt as to the plain scope and meaning thereof, and as the 
President desires a ratification of the supplementary convention in its present shape, I can 
see no cause for misapprehension by your Government for the manifest effect and 
meaning of the amendment in question.
"I therefor trust that it will be treated as it is tendered in simple good faith and accepted 
without doubt or hesitation." 
As the notes above referred to are regarded as being a correct interpretation of the 
construction of the amendment, His Majesty's Government have accepted them in 
reliance that the U.S. Government will sustain the expressions of opinion of the present 
secretary of State. 
Respectfully submitted: 
GODFREY BROWN 
Minister of Foreign Affairs. 
December 8, 1887
HAWAI`I-UNITED STATES CONVENTION – 1884 
SUPPLEMENTARY Convention between the United States of America and his 
Majesty the King of the Hawaiian Islands to limit the duration of the Convention 
respecting commercial reciprocity between the United States of America and the 
Hawaiian Kingdom, concluded January 30, 1875. 
Concluded December 6, 1884 
Ratification advised by the Senate with amendments, January 20, 1887 
Ratified by the King of Hawaii, October 20, 1887 
Ratifications exchanged at Washington November 9, 1887 
Whereas a Convention was concluded between the United States of America; and His 
Majesty the King of the Hawaiian Islands, on the thirtieth day of January 1875, 
concerning commercial reciprocity, which the fifth article thereof, was to continue in 
force for seven years from the date after it was to come into operation, and further, until 
the expiration of twelve months after either of the High Contracting Parties should give 
notice to the other of its wish to terminate the same; and 
Whereas, the High Contracting parties consider that the increase and consolidation of 
their mutual commercial interests would be better promoted by the definite limitation of 
the duration of the said Convention; 
Therefore, the President of the United States of America, and His Majesty the King of the 
Hawaiian Islands, have appointed: 
The President of the United States of America, Frederick T. Frelinghuysen, Secretary of 
State; and 
His Majesty the King of the Hawaiian Islands, Henry A. P. Carter, accredited to the 
Government of the United States as His Majesty's Envoy Extraordinary and Minister 
Plenipotentiary; 
Who, having exchanged their respective powers, which were found sufficient and in due 
form, have agreed upon the following articles: 
ARTICLE I 
The High Contracting Parties agree, that the time fixed for the duration of the said 
Convention, shall be definitely extended for a term of seven years from the date of the 
exchange of ratifications hereof, and further, until the expiration of twelve months after 
either of the High Contracting Parties shall give notice of the other of its wish to 
terminate the same, each of the High Contracting Parties being at liberty to give such 
notice to the other at the end of the said term of seven years or at any time thereafter.
ARTICLE II 
His Majesty the King of the Hawaiian Islands grants to the Government of the United 
States the exclusive right to enter the harbor of the Pearl River in the Island of Oahu, and 
to establish and maintain there a coaling and repair station for the use of vessels of the 
United States, and to that end the United States may improve the entrance to said harbor 
and do all other things needful to the purpose aforesaid. 
ARTICLE III 
The present Convention shall be ratified and the ratifications exchanged at Washington as 
soon as possible. 
In witness whereof, the respective Plenipotentiaries have signed the present Convention 
in duplicate, and have hereunto affixed their respective seals. 
Done at the city of Washington the 6th day of December in the year of Our Lord 1884. 
Frederick t. Frelinghuysen 
Henry A.P. Carter 
NOTES 
1. King Kalaukaua in his speech before the opening session of the 1887 Hawaiian 
Legislature stated: 
"I take great pleasure in informing you that the Treaty of Reciprocity with the United 
States of America has been definitely extended for seven years upon the same terms as 
those in the original treaty, with the addition of a clause granting to national vessels of 
the United States the exclusive privilege of entering Pearl River Harbor and establishing 
there a coaling and repair station. This has been done after mature deliberation and the 
interchange between 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 jurisdiction on the part of the Hawaiian 
Kingdom and that such privilege is coterminous with the treaty" 
2. In correspondence between the two government's representatives on December 8, 
1887 the United States Secretary Bayard replied as follows: 
"No ambiguity or obscurity in that amendment is observable, and I can discern therein no 
subtraction from Hawaiian Sovereignty over the harbor to which it relates nor any 
language importing a longer duration for the interpolated Article II than is provide for in 
article I of the supplementary convention.
I therefor trust that it will be treated as it is tendered in simple good faith and accepted 
without doubt or hesitation." 
*** 
ACKNOWLEDGMENT 
Treaties and Conventions 
Mr. Sam Monet 
Haleiwa, Hawaii 
***

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BUILDING THE HAWAIIAN NATION - THE LEADERSHIP, WISDOM AND VISION OF OUR KINGS

  • 1. Clifton M. Hasegawa President and CEO Clifton M. Hasegawa & Associates, LLC 1044 Kilani Avenue 12 Wahiawa, Hawaii 96786-2243 Telephone: 808.633.2532 Direct: 808.498.8408 Email: clifhasegawa@gmail.com LinkedIn: https://www.linkedin.com/in/cliftonhasegawa November 17, 2014 THE HONORABLE SENATOR MAIZE HIRONO United States Senator, Hawaii THE HONORABLE BRIAN SCHATZ United States Senator, Hawaii THE HONORABLE TULSI GABBARD United States Congresswoman, Hawaii THE HONORABLE COLLEEN HANABUSA United States Congresswoman, Hawaii THE HONORABLE MARK TAKAI United States Congressman- Elect, Hawaii THE HONORABLE DAVID IGE Governor, State of Hawaii THE HONORABLE SHAN TSUTSUI Lieutenant Governor, State of Hawaii THE HONORABLE CARMEN HULU LINDSEY Trustee, Office of Hawaiian Affairs RE: Building the Hawaiian Nation --- IMUA Dear Senator Hirono, Senator Schatz, Congresswoman Gabbard, Congresswoman Hanabusa and Congressman Takai,
  • 2. Governor Ige, Lieutenant Governor Tsutsui, Trustee Lindsey, The United States signed the Vienna Convention on the Law of Treaties on April 24, 1970. The United States Senate has not given its advice and consent to the treaty. The United States considers provisions of the Vienna Convention on the Law of Treaties as embodied in and part of existing and customary international law on the law of treaties. The Vienna Convention, in applicable part provides, *** VIENNA CONVENTION ON THE LAW OF TREATIES SECTION 3. TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES Article 54 Termination of or withdrawal from a treaty under its provisions or by consent of the parties The termination of a treaty or the withdrawal of a party may take place: (a) in conformity with the provisions of the treaty; or (b) at any time by consent of all the parties [to the treaty] after consultation with the other contracting States. [Emphasis and Clarification Supplied] *** The following list of Bilateral Treaties of the Kings of Hawaii is the archival and historical research from Mr. Sam Monet of Haleiwa, Hawaii:
  • 3. King Kamehameha III United States of America, December 23, 1826 (Treaty) United Kingdom, November 13, 1836 (Lord E. Russell's Treaty) France, July 17, 1839 (Captain LaPlace's Convention) France, March 26, 1846 (Treaty) United Kingdom, March 26, 1846 (Treaty) Denmark, October 19, 1846 (Treaty) Hamburg, January 8, 1848 (Treaty) Agreement Touching Consular Notices (Danish and Hamburg Treaties), January 25, 1848 United States of America, December 20, 1849 (Treaty) Sweden and Norway, July 1, 1852 (Treaty) Tahiti, November 24, 1853 (Treaty) Bremen, March 27, 1854 (Treaty) King Kamehameha IV France, September 8, 1858 (Treaty) Belgium, October 4, 1862 (Treaty) Netherlands, October 16, 1862 (Treaty) Italy, July 22, 1863 (Treaty) Spain, October 9, 1863 (Treaty) King Kamehameha V Swiss Confederation, July 20, 1864 (Treaty) Russia, June 19, 1869 (Treaty) Japan, August 17, 1871 (Treaty)
  • 4. King Kalākaua New South Wales, March 10, 1874 (Postal Convention) United States of America, January 30, 1875 (Reciprocity Treaty) German Empire, 1879-80 (Treaty) Portugal, May 5, 1882 (Provisional Convention) United States of America, December 6, 1884 (Supplementary Convention) Hong Kong, December 13, 1884 (Money Order Regulations) Universal Postal Union, March 21, 1885 (Additional Act of Lisbon) Japan, January 28, 1886 (Convention) Universal Postal Union, November 9, 1886 (Ratification) Samoa, March 20, 1887 (Treaty) *** The Compendium following this letter provides additional specific detail from Mr. Sam Monet for your review, consideration and action to continue the movement of our Kings – their wisdom and vision transcends, lives today for tomorrow and the generations to follow. Respectfully, Clifton M. Hasegawa
  • 5. COMMENDIUM: BILATERAL TREATIES KING KAMEHAMEHA III KING KAMEHAMEHA IV KING KAMEHMEHA V KING DAVID KALAKAUA Mr. Sam Monet Haleiwa, Hawaii
  • 6. Hawaii-United States Treaty - 1826 HAWAIIAN ISLANDS COMMERCE Articles of arrangement signed at Honolulu December 23, l826 Entered into force December 23, 1826 Articles of arrangement made and concluded at Oahu between Thomas Captain Catesby Jones appointed by the United States, of the one part, and Kauikeaouli, King of the Sandwich Islands, and his Guardians, on the otherpart. Art: lst The peace and friendship subsisting between the United States, and their Majesties, the Queen Regent, and Kauikeaouli, King of the Sandwich Islands and their subjects and people, are hereby confirmed, and declared to be perpetual. Art: 2nd The ships and vessels of the United States (as well as their Consuls and all other citizens within the territorial jurisdiction of the Sandwich Islands, together with all their property), shall be inviolably protected against all Enemies of the United States in time of war. Art: 3rd The contracting parties being desirous to avail themselves of the bounties of Divine Providence, by promoting the commercial intercourse and friendship subsisting between the respective Nations, for the better security of these desirable objects, Their Majesties bind themselves to receive into their Ports and Harbours all ships and vessels of the United States; and to protect, to the utmost of their capacity, all such ships and vessels, their cargoes officers and crews, so long as they shall behave themselves peacefully, and not infringe the established laws of the land the citizens of the United States being permitted to trade freely with the people of the Sandwich Islands. Art: 4th Their Majesties do further agree to extend the fullest protection, within their control, to all ships and vessels of the United States which may be wrecked on their shores; and to render every assistance in their power to save the wreck and her apparel and cargo; and as a reward for the assistance and protection which the people of the Sandwich Islands shall
  • 7. afford to all such distressed vessels of the United States, they shall be entitled to a salvage, or a portion of the property so saved; but such salvage shall, in no case, exceed one third of the value saved; which valuation is to be fixed by a commission of disinterested persons who shall be chosen equally by the Parties. Art: 6th Citizens of the United States, whether resident or transient, engaged in commerce, or trading to the Sandwich Islands, shall be inviolably protected in their lawful pursuits; and shall be allowed to sue for, and recover by judgment, all claims against the subjects of His Majesty The King according to strict principles of equity, and the acknowledged practice of civilized nations. Art: 7th Their Majesties do further agree and bind themselves to discountenance anduse all practicable means to prevent desertion from all American ships which visit the Sandwich Islands; and to that end it shall be made the duty of all Governors, Magistrates, Chiefs of Districts, and all others in authority, to apprehend all deserters; and to deliver them over to the master of the vessel from which they have deserted; and for the apprehension of every such deserter, who shall be delivered over as aforesaid, the master, owner, or agent, shall pay to the person or persons apprehending such deserter, the sum of six Dollars, if taken on the side o the Island near which the vessel is anchored; but if taken on the opposite side of the Island, the sum shall be twelve Dollars; and if taken on any other Island, the reward shall be twenty four Dollars, and shall be a just charge against the wages of every such deserter. Art: 8th No tonnage dues or impost shall be exacted of any Citizen of the United States which is not paid by the Citizens or subjects of the nation most favoured in commerce with the Sandwich Island; and the citizens of subjects of the Sandwich Islands shall be allowed to trade with the United States and her territories, upon principles of equal advantage with the most favoured nation. Done in council at Honolulu, Island of Waohoo, this 23rdday of December in the year of our Lord 1826. THOS. AP CATESBY JONES. ELISABETA KAAHUMANU. KARAIMOKU. POKI. HOWAPILI. LIDIA NAMAHANA.
  • 8. US TREATY WITH THE HAWAIIAN ISLANDS, DEC. 20, 1849 Treaty signed at Washington December 20, 1849 Senate advice and consent to ratification January 14, 1850 Ratified by the President of the United States February 4, 1850 Ratified by the Hawaiian Islands August 19, 1850 Ratifications exchanged at Honolulu August 24, 1850 Entered into force August 24, 1850 The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a Treaty of Friendship, Commerce and Navigation, for which purpose they have appointed plenipotentiaries, that is to say: The President of the United States of America, John M. Clayton, Secretary of State of the United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his Special Commissioner to the Government of the United States; who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles: Article I There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors. Article II There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. No duty of customs, or other impost, shall be charged upon any goods, the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the produce of manufacture of, or imported from, any other country; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage, that the subjects or citizens of any other state shall not enjoy any favor, privilege, or immunity, whatever, in matters of commerce and navigation, which shall not also, at the same time, be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.
  • 9. Article III All articles the produce or manufacture of either country which can legally be imported into either country from the other, in ships of that other country, and thence coming, shall, when so imported, be subject to the same duties, and enjoy the same privileges, whether imported in ships of the one country, or in ships of the other; and in like manner, all goods which can legally be exported or re-exported from either country to the other, in ships of that other country, shall, when so exported or re-exported, be subject to the same duties, and be entitled to the same privileges, drawbacks, bounties, and allowances, whether exported in ships of the one country, or in ships of the other: and all goods and articles, of whatever( description, not being' of the produce of manufacture of the United States, which can be legally imported into the Sandwich Islands shall when so imported In vessels of the United States pay no other or higher duties, imposts, or charges than shall be payable upon the like goods, and articles, when imported in the vessels of the most favored foreign nation other than the nation of which the said goods and articles are the produce or manufacture. Article IV No duties of tonnage, harbor, lighthouses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels. Article V It hereby declared, that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another situated in the state of either contracting party, such navigation and trade being reserved exclusively to national vessels. Article VI Steam vessel of the United States which may be employed by the Government of the said States, in the carrying of their Public Mail across the Pacific Ocean, of from one port in that ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public Mail service of the United States, and be subject in such ports to no duties of tonnage, harbor, lighthouses, quarantine, or other similar duties of whatever nature of under whatever denomination. Article VII The Whale ships of the United States shall have access to the Port of Hilo, Kealakekua and Hanalei in the Sandwich Islands, for the purposes of refitment and refreshment, as
  • 10. well as to the ports of Honolulu and Lahaina which only are ports of entry for all Merchant vessels, and in all the above named ports, they shall be permitted to trade or barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred dollars ad valorem for each vessel, without paying any charge for tonnage or harbor dues of any description, or any duties or imposts whatever upon the goods or articles so traded or bartered. They shall also be permitted; with the like exemption from all chargers for tonnage and harbor dues, further to trade or barter, with the same exception as to spiritous licquors, to the additional amount of one thousand dollars ad valorum, for each vessel, paying upon the additional goods and articles so traded and bartered, no other or higher duties, than are payable on like goods and articles, when imported in the vessels and by the citizens or subject of the most favored foreign nation. They shall so be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments, but they shall not discharge their seamen or land their passenger in the said Islands, except at Lahaina and Honolulu; and in all the ports named to this article, the whale ships of the United States shall enjoy in all respects, whatsoever, all the rights, privileges and immunities which are enjoyed by, or shall be granted to, the whale ships of the most favored foreign nation. The like privilege of frequenting the three ports of the Sandwich Islands, above named in this article, not being ports of entry for merchant vessels, is also guaranteed to all the public armed vessels of the United States. But nothing in this article shall be construed as authorizing any vessel of the United States, having on board any disease usually regarded as requiring quarantine, to enter during the continuance of such disease on board, any port of the Sandwich Islands, other than Lahaina or Honolulu. Article VIII The contracting parties engage, in regard to the personal privileges, that the citizens of the United States of America shall enjoy in the dominion of His Majesty the King of the Hawaiian Islands, and the subjects of his said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the states of the two high contracting parties, subject to the same precaution a police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warships, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hindrance or obstacle; and their heir or representatives, being subject or citizens of the other contracting party, shall succeed to their personal goods, whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them, and dispose of same by will, paying to the profit of the respective governments, such dues only as the inhabitants of the country wherein said goods are, shall be subject to pain in like cases. And in case of the absence of the heir and representative, such care shall be taken of said goods as would be taken of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them. And if a question should arise among several claimants as to which of them aid goods belong, the same shall be decided finally by the laws and judges of the land wherein the
  • 11. said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to with draw the proceeds without molestation and exempt from all duties of detraction on the part of the government of the respective states. The citizens or subjects of the contracting parties shall not be obligated to pay, under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid , by the subjects or citizens of most favored nations, in the respective states of the high contracting parties. They shall be exempt from all military service, whether by land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence shall be respected. No arbitrary search of , or visit to, their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts of their trade, shall be made; but such measures shall be executed only in conformity with the legal sentence of a competent tribunal; and each of the two contracting parties engage that the citizens or subjects of the other residing in their respective States shall enjoy their property and personal security, in as full and ample manner of their own citizens or subjects, of the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries restively. Article IX The citizen and subjects of each of the two contracting parties shall be free in the state of the other to manage their own affairs themselves, or to commit those affairs to the management of any persons whom they may appoint as their broker, factor or agent; nor shall the citizens and subjects of the two contracting parties be restrained in their choice of person to act in such capacities, nor shall they be called upon to pay and salary or remuneration to any person whom they shall not choose to employ. Absolute freedom shall be given in all cases to the buyer and seller to bargain together and to fix the price of any good or merchandise imported into, or to be exported from the state and dominions of the two contracting parties; save and except generally such case wherein the laws and usages of the country may require the intervention of any special agent in the estate and dominion of the contracting parties. But nothing contained in this or any other article of the present Treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, further than such sale may be allowed by the Hawaiian laws. Article X Each of the two contracting parties may have, in the ports of the other, consul, vice consul, and commercial agent, of their own appointment, who shall enjoy the same privileges and power with those of the most favored nations; but if any such consul shall
  • 12. exercise commerce, they shall be subject to the same law and usage to which the private individuals of their nation are subject in the same place. The said Consul, vice consul, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose, they shall apply to the competent tribunal, judges and officers, and shall in writing demand the said deserters, proving, by the exhibition of the registers of the vessel, the rolls of the crews, or by other official document, that such individual formed part of the crew; and this reclamation being thus substantiated, the offender shall not be refused. Such deserters, when arrested shall be placed at the disposal of the said consul, vice consul, or commercial agents, and may be confined in the public prison, at the request and cost of those who all claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation or any other vessel whatsoever. The agent, owners or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities shall be required to take or send away such deserters from the state and dominions of the contracting parties, or give such security for their good conduct as the law may require. But if not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offense, their surrender may be delayed until the tribunal before which their case shall be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect. Article XI It is agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens and subjects of both the contracting parties, in the countries of the one of the other, without their being liable to be disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction. Article XII If any ships of war or other vessels be wrecked on the coasts of the states or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenance belonging thereunto, and all goods and merchandise which shall be stored with the least possible delay to the proprietors, upon being claimed by them or their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian consul, or vice consul, in whose district the wreck may have taken place; and such consul, vice consul, proprietors, or factors, shall pay on the expenses incurred in
  • 13. the preservation of the property, together with the rate of salvage, and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision of the competent tribunals of the country. Article XIII The vessels of either of the two contracting parties which may be forced by weather or other cause into one of the ports of the other, shall be exempt from all duties of port or navigation paid for the benefit of the state, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the substinence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge. Article XIV The contracting parties mutually agree to surrender, upon official requisition, to the authority of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other; provided, that this shall only be done upon such evidence or criminality as, according to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial if the crime had there been committed: and the respective judges and other magistrates of the two Governments, shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person do charged, that he may be brought before such judge or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issued for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Article XV So soon as Steam or other mail packets under the flag of either of the contracting parties, shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post offices of those ports all mailable matter, and to forward it as directed, the destination being to dome regular post office of either country, charging thereupon the regular postal rate as established by law in the territories of either party receiving said mailable matter, in addition to the original postage o the office whence the mail as sent. Mails for the United States shall be made up at regular intervals at the Hawaiian Post Office, and dispatched to ports of the United States, the postmasters at which ports shall open the same, and forward the enclosed matter as directed, crediting
  • 14. in the Hawaiian Government with their postages as established by law and stamped upon each manuscript or printed sheet. All mailable matter destined for the Hawaiian Islands shall be received at the several post office in the United States and forwarded to San Franclsco or other ports on the Pacific coast of the United States, whence the postmasters shall despatch it by the regular mail packets to Honolulu, the Hawaiian government agreeing on their part to receive and collect for and credit the Post Office Department of the United State with the United States rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall in all cases be prepaid. The respective post office department of the contracting parties shall in their accounts, which are to be justified annually, be credited with all dead letters returned. Article XV The present treaty shall be in force from the date of the exchange of the ratification for the term of ten years, and further, until the and of twelve months after either of the contracting parties all have given notice to the other of its intention to terminate the same, each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term of ten years, or at any subsequent term. Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same and the harmony and good correspondence between the two governments shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation. Article XVII The present treaty hall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of said States, , and by His Majesty the King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and the ratifications shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner if possible. In witness whereof, the respective plenipotentiaries have signed the same in triplicate, and have thereto affixed their seals. Done at Washington in the English language, thetwentieth day of December, in the year one thousand eight hundred and forty nine. JOHN M. CLAYTON. JAMES JACKSON JARVES
  • 15. TREATY OF RECIPROCITY BETWEEN THE UNITED STATES OF AMERICA AND THE HAWAIIAN KINGDOM Ratified by the Hawaiian Islands April 17, 1875 Ratified by the President of the United States, with amendments, May 31, 1875 Ratifications exchanged at Washington, June 3, 1875 Entered into force September 9, 1876 The United States of Americas and his Majesty the King of the Hawaiian Islands, equally animated by the desire to strengthen and perpetuate the friendly relations which have heretofore uniformly existed between them, and to consolidate their commercial intercourse, have resolved to enter into a Convention for Commercial Reciprocity. For this purpose, the President of the United States has conferred full powers on Hamilton Fish, Secretary of State, and His Majesty the King of the Hawaiian Islands has conferred like powers on Honorable Elisha H. Allen, Chief Justice of the Supreme Court, Chancellor of the Kingdom, member of the Privy Council of State, His Majesty's Envoy Extraordinary and Minister Plenipontentiary to the United States of America, and Honorable Henry A. P. Carter, member of the Privy Council of State, His Majesty' s special Commissioner to the United States of America. And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due form, have agreed to the following articles: ARTICLE I For and in consideration of the right and privileges granted by His Majesty the King of the Hawaiian Islands in the next succeeding article of this Convention, and as an equivalent therefor, the United States of America hereby agree to admit all the articles named in the following schedule, the same being the growth and manufacture or produce of the Hawaiian Islands, into all the ports of the United States free of duty. SCHEDULE Arrow-root, castor oil, bananas, nuts, vegetables, dried and undried, preserved and unpreserved; hides and skins, undressed; rice; pulu; seeds; plants, shrubs, or tree; muscovado, brown, and all other unrefined sugar, meaning hereby the grade of sugar heretofore commonly imported from the Hawaiian Islands, and now known in the markets of San Francisco and Portland a " Sandwich Island Sugar ;" syrups of sugar-cane, melado, and molasses; tallow. ARTICLE II For and in consideration of the right and privilege granted by the United States of America in the preceding article of this Convention, and as an equivalent therefor, His Majesty the King of the Hawaiian Islands hereby agrees to admit all the articles named in
  • 16. the following schedule, the same being the growth, manufacture, or produce of the United States of America, into all the ports of the Hawaiian Islands free of duty. SCHEDULE Agricultural implements; animals; beef, bacon, pork, ham, and all fresh, smoked, or preserved meat; boots and shoes; grain, flour, meal, and bran. Bread and breadstuff, of all kinds; bricks, lime, and cement; butter, cheese, lard, tallow; bullion; coal; cordage, naval stores, including tar, pitch, resin, turpentine raw and rectified; copper and composition sheating; nails and bolts; cotton and manufactures of cotton, bleached and unbleached, and whether or not colored, stained, painted, or printed; eggs; fish and oysters, and all other creatures living in the water, and the produce thereof; fruits, nuts, and vegetables, green, dried, or undried, preserved or unpreserved; hardware; hides, furs, skins and pelts, dressed or undressed; hoop iron and rivets, nails, spikes and bolts, sacks, brads, or sprigs; ice; iron and steel and manufactures thereof; leather; lumber and timber of all kinds, round, hewed, sawed and unmanufactured, in hole or in part; doors, sashes, and blinds; machinery of all kinds, engines and parts thereof; oats and hay; paper, stationary, and books, and all manufactures of paper or paper and wood; petroleum and all oils for lubricating or illuminating purposes; plants shrubs, trees, and seeds; rice; sugar, refined or unrefined; salt; soap; shooks, staves, and headings; wool and manufactures of wool, other than read-made clothing; wagons and carts for the purposes of agriculture or of dryage; wood and manufacture of wood, or of wood and metal, except furniture either upholstered or carved, and carriages; textile manufactures made of a combination of wool, cotton, silk, or linen, or of any two or more of them other than when ready-made clothing; harness and all manufactures of leather; starch; and tobacco, whether in leaf or manufactured. ARTICLE III The evidence that articles proposed to be admitted into the ports of the United States of America, or the ports of the Hawaiian Islands, free of duty, under the first and second articles of this Convention, are the growth, manufacture, or produce of the United States of America or of the Hawaiian Islands, respectively, shall be established under such rules and regulations and conditions for the protection of the revenue as the two Governments may from time to time respectively prescribe. ARTICLE IV No export duty or charges shall be imposed in the Hawaiian Islands, or in the United States, upon any of the articles proposed to be admitted into the ports of the United States or the ports of the Hawaiian Islands free of duty under the first and second articles of this Convention. It is agreed, on the part of His Hawaiian Majesty, that, so long as this Treaty shall remain in force, he will not lease or otherwise dispose of or create any lien upon any port, harbor, or other territory in his dominions, or grant so special privilege or right of use therein, to any other power, state, or government, nor make any treaty by which any
  • 17. other nation shall obtain the same privileges, relative to the admission of any articles free of duty hereby secured to the United States. ARTICLE V The present Convention shall take effect as soon as it shall have been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and shall have been ratified and duly proclaimed on the part of the government of the United States, but not until a law to carry it into operation shall have been passed by the Congress of the United States of America. Such assent having been given and the ratifications of the Convention having been exchanged provided in Article I., this Convention shall remain in force for seven years from the date at which it may come. into operation; and further, until the expiration of twelve months after either of the contracting parties shall give notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said term of seven years, or at an time thereafter. ARTICLE VI The present Convention shall be duly ratified and the ratification exchanged at Washington City, within eighteen months from the date hereof, or earlier if possible. In faith whereof the respective Plenipotentiaries of the high contracting parties have signed this present Convention, and have affixed thereto their respective seal. Done in duplicate, at Washington, the thirteenth day of January, in the year of our Lord one thousand eight hundred and seventy-five. HAMILTON FISH ELISHA H. ALLEN HENRY A.P. CARTER NOTES King Kalaukaua in his speech before the opening session of the 1887 Hawaiian Legislature stated: "I take great pleasure in informing you that the Treaty of Reciprocity with the United States of America has been definitely extended for seven years upon the same terms as those in the original treaty, with the addition of a clause granting to national vessels of the United States the exclusive privilege of entering Pearl River Harbor and establishing there a coaling and repair station. This has been done after mature deliberation and the interchange between 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 jurisdiction on the part of the Hawaiian Kingdom and that such privilege is coterminous with the treaty.
  • 18. I regard this as one of the most important events of my reign, and I sincerely believe that it will re-establish the commercial progress and prosperity which began with the Reciprocity Treaty." Department of Foreign Affairs: Honolulu, December 8, 1887 Foreign Minister Brown: Hon. S. G. Wilder, President Legislature, 1887-Sir: In reply to the hon. member for Wailuku (Hon. W.F. Daniels), I have the honor to state that the paragraph in His Majesty's address to the Legislature was founded upon the information received and the advise given to His Majesty by His Majesty's Ministers. The paragraph referred to says that "after mature deliberation and the interchange between 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 jurisdiction on the part of the Hawaiian Kingdom and that such privilege is coterminous with the treaty" and that "the Treaty of Reciprocity with the United States of America has been definitely extended for seven years upon the same terms as those in the original treaty". The notes exchanged between Mr. Carter and Mr. Bayard in regard to the construction and interpretation of the U.S. Senates amendment are accepted as sufficient to justify His Majesty's Government, relying upon the good faith of the United States in adopting the amendment. These notes are hereafter referred to. On October 19, 1887, I had the honor to state to H.B.M.'s Commissioner, in dispatch to him on this subject that " all rights, the sovereignty and independence of this Kingdom are to be conserved, such a privilege could not have been conceded to any other power, the status of other nations possessing treaties with Hawaii is unchanged by the preferential character of the article, and in on other respect has any preference been given which has not hither to been enjoyed by the United States." There is not "saving clause" in the ratification by the Hawaiian Government "misconstruction." The reliance is placed upon the good faith of the United States Government to adhere to the notes of interpretation through which the exchange of ratification 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 explanatory thereof have been exchanged 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 the notes exchanged between H.M.'s Ministers Plenipotentiary at Washington and the Hon. Secretary of State, prior to the exchange of ratifications, which I have had the honor to place before the Legislature, Mr. Carter says:
  • 19. "The amendment which now you officially communicate to me was inserted into the convention in secret session of the Senate, and no opportunity was given mutual consultation and consideration of its terms, consequently my Government has had no part in its construction, and could not have suggested any changes, in its working to guard against misapprehension. Under these circumstances it becomes proper in me, before transmitting it to my Government, to ascertain the views of the Government of the U.S. as to the construction proper to be put upon the interpolated article. The first question of construction has reference to the effect of the license, or right, to enter the harbor or Pearl River, upon the jurisdiction of the Hawaiian Government over the harbor. It would seem to be clear that the question of Hawaiian jurisdiction is left untouched by the article, and that in the event of the United States availing itself of the right stipulated for, autonomous control of the Hawaiian Government remains the same as its control over other harbors in the group where national vessels may be except that the article, in accordance with the article IV of the existing convention, prevents the Hawaiian Government from granting similar exclusive privileges during the continuance of the convention to any other nation. As no especial jurisdiction is stipulated 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 Hawaii, and to transfer the absolute property in and jurisdiction over the harbor to the Untied States. To satisfy the natural and proper susceptibilities of Hawaiians, of which I have heretofore informed you, strong intimations have emanated from those charged with the administration of my Government with their communications to me, I take occasion to say that I consider it probable that my 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 that would be the duration of the license or right granted by the interpolated article. The article mentions no special term for continuance of the privileges, but as the whole, and only purpose of the convention into which the article was inserted was, as stated in its preamble, to fix the definite limitation of the duration of the existing convention providing for the reciprocal exchange of privileges, to which this privilege is added by virtue of this interpolated article, it follows in the absence of any stipulation to the contrary that its term of duration would be the same as that fixed for the other privileges given by the original convention. The only excuse for the insertion of such an article into a treaty of this nature would be its relevancy to the privileges stipulated for in the original convention of 1875, to which this is supplementary and the duration of which this convention is intended to limit and define. No separate single article or part of a treaty can be held to have a continuing power apart from the rest of the treaty unless provided for in specific terms. The supplementary
  • 20. provisions and the original provisions which they effect, are necessary merged into one instrument to be dealt with throughout as a whole. It could not have been expected in the Senate that Hawaii would consent to a perpetual grant of the privilege sought in return for seven years' extension of the treaty of 1875, especially in view of the danger of a material lessening of the advantages to Hawaii by changes in tariff laws of the United States, and it must be apparent that if any different term of duration was intended it would have been stipulated for, as it cannot be thought that the Senate had any other intent than that plainly set forth. "Therefore the conclusion which I have reached and which I think is the obvious conclusion to be drawn from the words of the interpolated article is that it does not and is not intended to invade or diminish in any way autonomous jurisdiction of Hawaii, while giving to the United States the exclusive rights of use in Pearl harbor stipulated therein for the sole purposes stated in the article, and further, that the article II of the convention and the privilege conveyed by it will cease and determine with the termination of the treaty of 1875, under the conditions fixed by this convention. "I apprehend that my Government will agree with my conclusions and that in considering the advisability of ratifying the convention with this amendment inserted by the U.S. Senate my Sovereign will doubtless be aided in coming to a favorable conclusion if it shall be found that on these questions of interpretation of the convention the two Governments do not differ, and the Hawaiian Government will doubtless desire that their understanding, which I believe I have set forth in this note, shall be fully understood by the Government of the Untied States before ratifications are exchanged. In correspondence between the two government's representative on December 8, 1887 the United States Secretary Bayard replied as follows: "The amendment relating to the harbor of Pearl River was adopted in its Executive Session by the Senate, and I have no other means of arriving at its extent and meaning than the words employed naturally import. "No ambiguity or obscurity in that amendment is observable, and I can discern therein no subtraction from Hawaiian Sovereignty over the harbor to which it relates nor any language importing a longer duration for the interpolated Article II than is provide for in article I of the supplementary convention. "The limitation of my official powers does not make it competent for me in this connection to qualify, expand or explain the amendments engrafted on that convention by the Senate, but in the present case, I am unable to perceive any need for auxiliary interpretation or ground for doubt as to the plain scope and meaning thereof, and as the President desires a ratification of the supplementary convention in its present shape, I can see no cause for misapprehension by your Government for the manifest effect and meaning of the amendment in question.
  • 21. "I therefor trust that it will be treated as it is tendered in simple good faith and accepted without doubt or hesitation." As the notes above referred to are regarded as being a correct interpretation of the construction of the amendment, His Majesty's Government have accepted them in reliance that the U.S. Government will sustain the expressions of opinion of the present secretary of State. Respectfully submitted: GODFREY BROWN Minister of Foreign Affairs. December 8, 1887
  • 22. HAWAI`I-UNITED STATES CONVENTION – 1884 SUPPLEMENTARY Convention between the United States of America and his Majesty the King of the Hawaiian Islands to limit the duration of the Convention respecting commercial reciprocity between the United States of America and the Hawaiian Kingdom, concluded January 30, 1875. Concluded December 6, 1884 Ratification advised by the Senate with amendments, January 20, 1887 Ratified by the King of Hawaii, October 20, 1887 Ratifications exchanged at Washington November 9, 1887 Whereas a Convention was concluded between the United States of America; and His Majesty the King of the Hawaiian Islands, on the thirtieth day of January 1875, concerning commercial reciprocity, which the fifth article thereof, was to continue in force for seven years from the date after it was to come into operation, and further, until the expiration of twelve months after either of the High Contracting Parties should give notice to the other of its wish to terminate the same; and Whereas, the High Contracting parties consider that the increase and consolidation of their mutual commercial interests would be better promoted by the definite limitation of the duration of the said Convention; Therefore, the President of the United States of America, and His Majesty the King of the Hawaiian Islands, have appointed: The President of the United States of America, Frederick T. Frelinghuysen, Secretary of State; and His Majesty the King of the Hawaiian Islands, Henry A. P. Carter, accredited to the Government of the United States as His Majesty's Envoy Extraordinary and Minister Plenipotentiary; Who, having exchanged their respective powers, which were found sufficient and in due form, have agreed upon the following articles: ARTICLE I The High Contracting Parties agree, that the time fixed for the duration of the said Convention, shall be definitely extended for a term of seven years from the date of the exchange of ratifications hereof, and further, until the expiration of twelve months after either of the High Contracting Parties shall give notice of the other of its wish to terminate the same, each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said term of seven years or at any time thereafter.
  • 23. ARTICLE II His Majesty the King of the Hawaiian Islands grants to the Government of the United States the exclusive right to enter the harbor of the Pearl River in the Island of Oahu, and to establish and maintain there a coaling and repair station for the use of vessels of the United States, and to that end the United States may improve the entrance to said harbor and do all other things needful to the purpose aforesaid. ARTICLE III The present Convention shall be ratified and the ratifications exchanged at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have hereunto affixed their respective seals. Done at the city of Washington the 6th day of December in the year of Our Lord 1884. Frederick t. Frelinghuysen Henry A.P. Carter NOTES 1. King Kalaukaua in his speech before the opening session of the 1887 Hawaiian Legislature stated: "I take great pleasure in informing you that the Treaty of Reciprocity with the United States of America has been definitely extended for seven years upon the same terms as those in the original treaty, with the addition of a clause granting to national vessels of the United States the exclusive privilege of entering Pearl River Harbor and establishing there a coaling and repair station. This has been done after mature deliberation and the interchange between 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 jurisdiction on the part of the Hawaiian Kingdom and that such privilege is coterminous with the treaty" 2. In correspondence between the two government's representatives on December 8, 1887 the United States Secretary Bayard replied as follows: "No ambiguity or obscurity in that amendment is observable, and I can discern therein no subtraction from Hawaiian Sovereignty over the harbor to which it relates nor any language importing a longer duration for the interpolated Article II than is provide for in article I of the supplementary convention.
  • 24. I therefor trust that it will be treated as it is tendered in simple good faith and accepted without doubt or hesitation." *** ACKNOWLEDGMENT Treaties and Conventions Mr. Sam Monet Haleiwa, Hawaii ***