dersigned, before the latter have completed their task, the two negotiators, undersigned, shall each conform to the decision which shall have been agreed upon, between France and the mediating Power, in such an event. ARTICLE XII. The result of the negotiations, recorded in the Protocols, shall be embodied in a Declaration, signed by the two Commissioners in the name of their respective governments, in a place which shall be hereafter agreed upon: That signature shall be followed by a salute exchanged between the shore and the Serieuse: That final Act shall be drawn up in French and Hawaiian, with a translation in the English language; and as it shall not be considered in the light of a new Convention, but simply an Act interpreting the existing Convention, and designed to insure its execution, there will be no occasion for ratification on the part of any of the governments of the two contracting parties. Done in duplicate, in Honolulu, this 10th day of January, 1851. Le Commissaire de la République Française, Minister of Foreign Relations. EM. PERRIN. PROTOCOL. SATURDAY, 15th March, 1851. Mr. Wyllie alleging reasons of State, asked M. Perrin's permission to give him a perusal of the instructions framed in April and September 1849, for Mr. Jarves and Mr. Judd, during their mission to the governments of France, Great Britain, and the United States, and accordingly gave a reading of each of these documents. M. Perrin, in his turn, read a "verbal note," dated this day, serving as a reply to his memorandum on Schools, to the notes and historical memorandum latterly addressed by the Minister, Mr. Wyllie, after having denied some of the consequences deduced by M. Perrin, as contrary both to the object of these writings and to his own intentions, asked a copy of the note to reply to it, if it was to have any official force against the Hawaiian government; M. Perrin answered that his desire was not to delay too much the entering upon the draft of the final note; he did not think it proper at present to leave a copy of that which he had read. Mr. Wyllie then communicated to M. Perrin the explanation furnished in the name of the Hawaiian government, upon all the demands of France presented by her special Commissioner. Le Commissaire de la République Française, EM. PERRIN. R. C. WYLLIE, Minister of Foreign Relations. THE HEART OF THE PACIFIC. 329 The following are the explanations referred to, and the Demands of the French Republic to which they apply, presented by M. Perrin, at the conference of 1st February, 1851. Demands to which the Government of the French Republic thinks that satisfaction ought to be made, before the re-establishment of Diplomatic Relations can take place with that of the Hawaiian Islands. 1. The adoption complete, entire, and loyal, of the Treaty of the 26th March, 1846, as it was drafted in the French Text. 2. The establishment of a duty from 1 to 2 dollars a gallon, of 5 bottles on spirits, containing less than 55 per cent. of alcohol. 3. A treatment rigorously equal, granted to the two worships, Catholic and Protestant. The direction of instruction confided to two Superior Committees formed in each of the two religions. The submission of the Catholic Schools to Catholic Inspectors. The proportional division between the two religions of the Tax raised by the Hawaiian Government for the support of Schools. 4. The adoption of the French language, in the relations between French Citizens and the Hawaiian Administration. 5. The withdrawal of the exception imposed upon French whalers, importing wines and spirits, and the abrogation of the regulation which obliges ships laden with liquors to pay, and support the Custom-house guard, put on board to watch over their shipment or discharge. Large facilities of deposit, of transit, and of transhipment granted to the trade in spirits. 6. The reimbursement of all the duties received in virtue of the disposition, the withdrawal of which is demanded by the paragraph above mentioned; or a proportional indemnity given for the damage occasioned to French commerce, by the restriction which has suspended its relations. 7. The reimbursement of the fine of 25 dollars, paid by the French ship General Teste, and besides an indemnity of 60 dollars for the time during which she was unjustly detained here. 8. The insertion in the official journal of the Hawaiian Government, of the punishment inflicted upon the scholars of the high-school, whose impious conduct occasioned the complaints of the Abbé Coulon. 9. The removal of the governor, who caused or allowed to be violated on Hawaii, the domicil of the Abbé Marechal, or the order to that governor to make reparation to that missionary, the one or the other decision to be inserted in the official journal. 10. The payment to a French citizen, proprietor of the Hotel of France, of the damages committed in his house by foreign sailors, against whom the Hawaiian Government took no process. The Commissioner of the French Republic, EM. PERRIN. Honolulu, 1st February, 1851. REPLIES BY MR. WYLLIE. On behalf of the Hawaiian Government, to the demands of the French, presented by M. Perrin, on the 1st February, 1851, to enable him to satisfy himself and the French government, upon all points. 1. The adoption complete, entire, and loyal, of the Treaty of the 26th March, 1846, as it was drafted in the French Text, and signed in the Hawaiian and French languages, and in all cases before the foreign judges who do not understand French, the text of the British Treaty declared by M. Guizot, to have been drawn up, in the same terms with the French, and so declared by M. Perrin himself at the conference of the 26th March, 1846, to be held as a translation of the French Text, the correctness of which is not to be disputed. 2. The Hawaiian Government do not admit that in the duty of $5 per gallon, on spirits, they have gone beyond the power conveyed to them exclusively by France herself in the words used by her in the VI. article of the said Treaty; they have shown that the effect of that duty has been beneficial to France, in an eminent degree, while it has been injurious to the trade in British and American spirits; but they are willing to submit the question of a reduction to $2 per gallon to the approaching Legislature, as a measure of political economy, and upon moral grounds recommended by the Chamber of Commerce. 3. The King's Government cannot admit the right of any foreign nation to dictate to them, or prescribe laws on matters affecting only the religious belief and secular education of the King's native subjects. But they are willing to receive the demands of M. Perrin, under the 3d article, in the light of friendly suggestions for the consideration of the Legislature, so far as the already perfect equality of Catholics and Protestants, under the Constitution and Laws, of which abundant proof has already been given, may leave any thing to be provided for. 4. Documents presented by French citizens in their own language shall be received in all cases where documents in English are received, but in cases where the officer whose duty it is to act upon them does not understand the French, it shall be the duty of the applicant to furnish a translation of his document, which, to prevent dispute or error of judgment, shall be by him authenticated, under the signature and seal of the Consul of France. 5. The King's Government would gladly withdraw any exception to French whalers, if any such existed, but it has been already shown that no such exception ever existed. French whalers are entirely upon the same footing in all respects as the whalers of any other foreign nation. France cannot claim more, in accordance with the Treaty of 26th March, 1846, and the King cannot grant more to France, in conformity with his THE HEART OF THE PACIFIC. 331 treaties with other powers. The same remark applies to the Customhouse regulations respecting the payment of a guard on board, deposit, transit, and transhipment of spirits. 6. No reimbursement or indemnity can be given where no wrong has been done. To admit the contrary would imply a violation of the Treaty, which the King's Government are justified by all concurrent opinion, and by the clear and natural wording of the Treaty, in denying. France cannot insist that this government should affix upon itself a stain, which in its own opinion and that of the world it does not deserve. 7. The King's Government would annihilate their right to claim of foreign ships the observance of their Port Regulations, if they were to return the fine of $25 imposed on the ship General Teste; or allow $60 for a delay in port, for which the captain alone was to blame. All that was shown clearly to M. Dillon, in Mr. Wyllie's dispatch No. 53, of 25th November, 1848, published at page 41 of the published correspondence with that gentleman. The King's Government always considered, and consider still, that they deserve thanks for having reduced the fine, legally incurred by the General Teste, from $500 to $25. The law which the captain of the General Teste had violated is quoted at page 44 of that correspondence. 8. All that M. Dillon asked for on the 16th April, 1849, with reference to the complaint of the Abbé Coulon, was to be informed what measures would be taken to prevent such acts as he had complained of. That was all that the Rev. Abbé, who, with a moderation worthy of his clerical character, had declined appearing before the native judge, had re quired him to do. Mr. Wyllie courteously received M. Dillon's dispatch, and referred the complaint to the King's Minister of Public Instruction, as will be seen by referring to Mr. Wyllie's note No. 34, of 19th April, 1849, page 317, of the same correspondence, and that Minister, after explaining the case, replied, as will be seen at page 360, that should like cases occur in future, on being duly informed it will be his duty to give notice to the proper officer, that he might proceed against the offenders according to law. It is understood the native judge before whom the boys were carried dismissed the case, on the ground of want of proof. If the Rev. Abbé had made his complaint to the Minister of Public Instruction, either directly or through his bishop, (which would have been preferable,) on proof of their delinquency, the boys would have been punished severely, under the law, section VI., chapter VI., part IV., second Act of Kamehameha III.; and if the judge had neglected his duty, he would have been liable to the punishment provided for in the law of 31st May, 1841, page 89 of the old laws. The King's Government do not encourage sacrilege of any kind; the law amply provides for its punishment, and if the Bishop will instruct his clergy in all such cases to prefer a written complaint to the Minister of Public Instruction, it will be his duty to see the law rigidly enforced against proved delin quents. It is not believed that the offence complained of has since been repeated anywhere on the Islands. 9. The facts stated by his Excellency, the Governor of Hawaii, published at page 59 of the official correspondence with Admiral de Tromelin, make it appear that the Abbé Marechal either screened or caused to be screened, in his domicil, a fugitive from justice. By referring to Mr. Wyllie's dispatch of the 24th August, 1849, published at page 67 of the same correspondence, it will be seen that the King's Government had no intelligence of such a complaint till it had been magnified very irregularly with a formal international demand. It will not be contended that on the mere complaint of a Catholic priest to a French Consul (in itself a contempt of the magistracy of the country) there should be a just cause why the Governor of the largest island of the kingdom should be dismissed without a hearing. That would indeed be a strange doctrine under the laws of nations, and a singular interpretation of the 2d article of the Treaty of the 26th March, 1846. Process at law against the Governor, before the King's chief-justice, was offered to M. Dillon, and even a free passage to Hawaii in the King's yacht, that he might witness the fairness of the proceedings. M. Dillon did not accept the offer, but the courts of the country are still open to the Rev. Abbé if he wish to prosecute. 10. The receipt of Victor Chancerel for $93.50, is in the archives of the Foreign Office. It rests upon the authority of British officers that Victor's original bill for damages was only for $8, (see page 53 of the same correspondence,) so that the claim of Chancerel was paid more than ten times over, on the 30th of August, 1849, a fact with many others, which General Lahitte could not possibly have known when he placed the ten demands of France in the hands of M. Perrin. The King's Government invite the Government of France to adopt the same Treaty, mutatis mutandis, as that lately formed with the United States, or to consider the present Treaty at an end in 12 months from this date, and in the mean while to form a new Treaty free from the objections and ambiguities of the old. The King's Government consider that France is specially bound to remove all the restrictions imposed on the King, in the 3d and 6th articles of the Treaty of 26th March 1846, both because he was deprived of his rightful prerogatives of sovereignty by a French officer, under a threat of instant war, and because the Government consented to the reduction of the duties on wines, on the condition of the removal of those restrictions to which M. Dillon repeatedly pledged himself with emphatic promises of his best endeavors. The King's Government desire a mutual accord between France, Great Britain, and the United States, so as to render their treaties uniform on these Islands, to provide for a settlement of all disputes arising under them by amicable reference, to respect the King's neu |