PROTRACTED LITIGATION.

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&c., consumed many months, and government gave its opponents free access to the archives of the kingdom for all documents and information they required to support their case. Seven hundred printed pages of record were adduced. An attempt was made to compromise the matter, but was unsuccessful. The government was willing to cause the protracted strife to cease, and would have accepted terms by which Ladd and Co.'s property and liabilities should have been assumed by government, and thereby a dividend be secured to all the creditors; but so much acrimonious feeling, personal and political, had been imported into the proceedings as shut the door to amicable arrangement, and occasionally led to great loss of temper in the counsel on both sides, during their contention before the Arbitrators' Court. The suit continued till the end of the year 1846, and was pursued with much bitterness against the governAnd amongst the other items of claim, a demand was set up by Ladd and Co. against Mr. Jarves, editor of the 'Polynesian,' for $50,000 for injury done to the character of Mr. Brinsmade by some short remarks in the government newspaper, and which Mr. Brinsmade called libellous. On the 29th of December, the French consul, M. Dudoit, offered his mediation in an endeavour to terminate this protracted suit amicably, and the offer was accepted by both the weary litigants: the attempted arrangement, however, fell through, and the unsettled questions are hybernating, probably to bud and burgeon again at some future season.

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CHAPTER XX.

HISTORICAL SKETCH- -THE TREATIES OF COMMERCE AND FRIENDSHIP-AND CONSEQUENT HOSTILITIES.

EVERAL treaties have been negotiated between the Hawaiian and foreign governments.

The first agreement in order of time, approaching at all to a treaty obligation, was made on the 23rd of December, 1826, by Captain Ap Catesby Jones, on behalf of the United States of America, on the occasion of his interference in settling some claims made by American citizens upon the Hawaiian government. Captain Jones endeavoured to provide some available means for settling any future differences, and to prevent their recurrence.

The next written document of the kind was a short treaty effected by Captain Lord Edward Russell, on the 16th of November, 1836, when engaged in arranging some old disputes between his countrymen and the native authorities. His intention was to avoid future disputes, and to promote amity between the subjects of the two nations.

In 1837, Captain Du Petit Thouars negotiated the treaty of perpetual peace and amity' already given in an earlier part of this volume. It introduced the 'most

favoured nation clause,' but did not allude specifically to brandy or bishops.

The two latter subjects were sufficiently considered in the treaty which Captain Laplace procured in July 1839. Having established a position for the Roman Catholic clergy, the two following articles were framed.

Art. IV. No Frenchman accused of any crime whatever shall be judged otherwise than by a jury composed of foreign residents proposed by the Consul of France and accepted by the government of the Sandwich Islands.

Art. VI. French merchandize, or merchandize known to be of French origin, and especially wines and brandies, shall not be prohibited, nor pay a higher duty than 5 per cent. ad valorem.

The government in giving its constrained consent to these oppressive clauses, fully saw the infringement of its prerogative, but it saw at the same time its own helplessness.

Great Britain having in 1844 restored the islands, which had been conditionally ceded to this country through Lord George Paulet, appointed a ConsulGeneral to reside at the Hawaiian court, and offered a treaty in which the two objectionable articles of Laplace's treaty were copied and had a place. Efforts were immediately made to obtain from the governments of England and France, treaties that should be more just, equal, and reciprocal. The two European governments having by their joint declaration secured the independence of the Hawaiian kingdom, concerted together new identical treaties, and they were executed in Honolulu on the 26th of March, 1846. They each contained eight articles. The preamble of both states, -mutatis mutandis-that 'It being desirable that a general convention should be substituted for the various

instruments of mutual agreement at present existing between Great Britain and the Sandwich Islands, the following articles have for that purpose and to that intent been mutually agreed upon and signed,' &c. &c. The first article propounds perpetual peace and amity between the reciprocating nations. The third article provides for English subjects accused of any crime whatever: (the French treaty here makes an important variation,—' d'un crime ou délit quelconque'). They are to be judged by a jury composed of native or foreign residents, proposed by the Consul of their country, and accepted by the government of the Sandwich Islands.' This stipulation was an advance on the Laplace article in reference to French subjects.

It was the sixth article which proved the cradle of troubles that lasted as long as the siege of Troy, which led to a French invasion, and which have not been entirely disposed of to this day. It reads thus:

Goods of France, or those which are recognised as coming from French possessions, shall not be prohibited or subjected to an import duty higher than 5 per cent. ad valorem. Wines, brandies, and spirituous liquors are excepted, and shall be liable to any reasonable duty that the government of the Sandwich Islands considers it fit to impose; but on condition that such duty shall never be so high as to become an absolute prevention to the importation of the said articles.

The clause from the French treaty is here substituted for the corresponding English article, because the small imports from France have consisted almost entirely of wines and spirits, whilst England is indifferent about this kind of merchandize.

The identical treaties were ratified by Queen Victoria on the 8th of October, 1846, and by King Louis Philippe on the 18th of November, the same year.

ENGLISH, FRENCH, AND DANISH TREATIES.

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In the autumn of 1846 the Danish frigate 'Galathea,' commanded by Captain Steen Bille, in circumnavigating the globe, under large powers from his government, called at the Sandwich Islands. Having during some weeks' stay there informed himself of their condition, Captain Steen Bille offered an honourable and beneficial treaty. This was the first perfectly satisfactory compact entered into by a foreign nation with the Hawaiian kingdom and whilst it contained all necessary stipulations for a free and advantageous intercourse, it did not trammel the island government with oppressive clauses or ambiguous expressions which an ambidexter might afterwards turn to any use he desired. The Hawaiian government have always regarded this treaty with pleasure and gratitude, as the initial and model of other equitable mutual obligations.

The Danish treaty was first followed by a treaty in almost identical words with the free Hanseatic city of Hamburg, dated the 8th of January, 1848.

In August 1851, a similar treaty was negotiated with the free Hanseatic city of Bremen.

Previous in time to the last treaty, the long-desired convention with the United States was carried out. It is styled a treaty of friendship, commerce, and navigation; and after a preamble profuse in expressions of mutual admiration and love, it agrees upon seventeen articles, stated in the most ample language, affording a strong contrast to the treaties hitherto mentioned. It is dated, Washington, the 20th of December, 1849; and ratifications were exchanged in Honolulu, dated the 24th of August, 1850.

On General Miller's appointment as British ConsulGeneral, in 1843, he brought with him to Hawaii the draft of a treaty, known as that of Lahaina. In 1851,