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OBJECTIONS TO THE NEW FRENCH TREATY.

325

provisions were of a character derogatory to the King's dignity and rightful authority as the constitutional sovereign of an independent state, and as interfering with the undoubted right of free legislation which belongs alike to every independent nation, whether great or small.' The council then proceeded through its provisions in detail, stumbling in limine over that awkward stone, the official use of the French language. Next came the 10th article, limiting the amount of duties on wines and spirits. They could not fail to see the uselessness of restrictions which would not affect France, because France was scarcely bringing any goods to Hawaii, whilst they affected very greatly the freedom of government in dealing with questions of excise, revenue, and internal police. In the fifteen years from 1845 to 1859 inclusive, the total imports from all parts of the world have been $14,800,000 in value; of which the goods from French ports direct were less in amount than $72,000, i.e., less than one-half per cent. of the whole! And in the three years 1857, 1858, 1859, the importations from direct French ports were nothing!

The council remarked on the want of reciprocity in the article relating to rights and privileges of residence, commerce, and navigation; on the subject of administration of intestate estates; on the loss of jurisdiction in civil and criminal matters concerning the captains and crews of French vessels in Hawaiian ports and waters. They objected to it on the ground that the treaty rendered necessary the repeal or modification of many existing laws; also on the ground of the expense and loss of revenue involved in some of its provisions; the article of French translation being estimated to necessitate a cost of $5,000 or $6,000 per annum; on the subject of exemption of consuls and the whole consular

staff from appearing as witnesses in courts of justice. They objected to the treaty, because its provisions were so numerous and complicated, and its language in several places so dubious as not to be easily understood, &c. &c. And finally the council objected that the treaty did not accord with the letter and spirit of the powers granted by the King to his plenipotentiaries. They therefore respectfully, in the discharge of their duties, advised His Majesty not to ratify the treaty.

This document was signed by three native and two naturalized foreign Privy Councillors, the first signature being that of Governor Kekuanaoa, the King's father.

A serious difficulty had arisen. The labours of more than two years were rendered nugatory, and the treaty was wrecked on the bar of its port. Throughout the conferences, it is plain, the King's commissioners had been making a fighting retreat; they had used and exhausted every argument, and but seldom gained a substantial advantage. How exhaustive Mr. Wyllie's reasoning was, and how ample his illustration, is seen in his fence about the French language. A memorandum prepared by him for so much of the discussion in 1855, with Mr. Perrin, as relates to parity of the French with the English language,' commences thus:

'The original language spoken by Adam and the prediluvian race of man, if not the post-diluvian Hebrew, has disappeared. So have the languages of the ancient Egyptians, Assyrians, Chaldees, Persians, and even of the Romans and the Greeks.'

If ancient precedents would have touched the French diplomatist's heart, or moved him from his steady purpose, here he surely should have given way:—but it is

RATIFICATION OF THE FRENCH TREATY.

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evident that, the production of the grammar of the Proselenes would have been disregarded by that impassive negotiator.

More preliminaries to final Protocols, more letters, more opportunities for expressing the high consideration, &c., a little, almost imperceptible, pressure of the screw, the political threat expressed in the most oblique manner, a little more retreating done, à la mode of the Parthian horsemen, who wound us as they fly,' some reference, if we mistake not, to King David's messengers, whom Hanum the son of Nahash treated so ignominiously in respect to their beards and their clothing;-finally, the sop of a secret article, and the thing was accomplished. The treaty was ratified on the 7th September, 1858 but still ad referendum, as to the additional article. What has taken place since, what is taking place still, is not yet ripe for history. Suffice it to say, that the additional secret article was not ratified in Paris, and that the import duties stand at the present day and for ten years after the date of this treaty, as follows:-For low-class French wines known by the name of vins de cargaison,' a maximum duty of 5 per cent. ad valorem on invoice cost; for wines of less than 18 per cent. alcoholic strength, the maximum duty of 15 per cent. ad valorem. Duty on brandy not to exceed three dollars per gallon.

CHAPTER XXI.

HISTORICAL SKETCH-REIGN OF KAMÉHAMÉHA IV.

THE

HE decline of missionary influence in the Hawaiian government constitutes the opening of a new era in its history. Still leaning on foreign support, both in the legislative and administrative capacities, the nation has escaped the leading-strings in which it was long held by American teachers of religion, who became amateur law-makers and constitution-manufacturers. Acting from the same instincts which led Russia to draw to its court the talent of more advanced nations and to use it in all departments, the Hawaiian Cabinet is composed of British, American, and native elements; and naturalized subjects from England and the United States take their part in the Houses of Nobles and Representatives. From exclusive missionary influence the Hawaiian nation has escaped: the influence now exercised upon it has probably a useful and corrective function.

In the year 1850, during the reign of Kaméhaméha III., Prince Alexander Liholiho, whom the King had adopted and appointed for his successor, accompanied by his brother, Prince Kaméhaméha, with Dr. Judd for Mentor, visited Europe. During their short visit they were introduced to the late deeply-lamented Prince Consort; in the drawing-room of the Duchess of Suther

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