forwarded, clothed with full powers to assent to any modifications of it which may here be made. In view of the great uncertainty as to the terms by which the cession of the sovereignty of the islands may be encumbered the carrying out of this suggestion is deemed to be of great importance.

I have good reason to believe that some of the leading powers of Europe would be very unwilling to see the Sandwich Islands become a part of the United States, and, if an opportunity occurred, would endeavor to defeat any negotiation for that purpose. This consideration and others, make it important that you should bring it to a ciose as expeditiously as possible. The treaty should be here in time to be sub. mitted to the Senate at its present session.

I am, etc.,

W. L. MARCY.

No. 48.]

Mr. Gregg to Mr. Marcy.

LEGATION OF THE UNITED STATES,
Honolulu, July 26, 1854.

SIR: The Hawaiian cabinet has determined at length that it will not do to allow much longer delay in bringing to a close arrangements for annexation. On the 17th a meeting was held, at which Prince Alexander was present, when it was agreed that the minister of foreign relations should immediately proceed, if possible, to arrange and sign a treaty to be submitted to the King for ratification. Mr. Wyllie called on me the next day, and we have since had several conferences, but without as yet arriving at any definite result. The difficulty, I apprehend, is that more will be demanded, in the way of consideration, etc., than ought to be yielded. It is probable that by the next mail it will be in my power to communicate something more definite than I am now able to do. I have the assurance of Mr. Wyllie that, so far as he is concerned, there shall be no occasion to complain of further procrastination, and I can not doubt that he is in earnest. Prince Alexander is responsible for all past delay, and he will not hesitate to incur the responsibility of still more, unless his mind is brought to the conviction. which everyone else entertains, that it is impossible for him ever to wear a crown. He evidently sees that the existing Government is in danger, and wishes to be in a condition to escape it when the crisis comes, but hopes strongly that it may be averted. If a treaty is once signed he will not oppose its ratification directly and openly, but strive to postpone it to the last moment compatible with safety.

I am convinced that a revolution will soon take place if a treaty of annexation is not concluded. The foreign residents, especially Americans, are becoming impatient under the present state of things, and will not be disposed to endure much longer the feebleness and inefficiency of the Government. They have power enough in their hands, if they act in concert, to do anything they wish, and in a single week could subvert the throne and establish a republic upon its ruins.

A combined British and French squadron of seven vessels-three English and four French-arrived here on the 17th from Callao, having made the passage from Nukuhiva in fourteen days. Its appearance created quite an excitement among all classes of people. On Saturday the English frigate Pique joined the fleet, making eight vessels in all,

as follows: The frigates President and Pique, the sloop Amphitrite, and the steamer Virago (British), under the command of Rear-Admiral David Price; the frigates La Forte and L'Euridice, the corvette L'Artemise, and the brig D'Obligado (French), commanded by Rear-Admiral Febvrier des Pointes. On Tuesday they all sailed in a northwesterly direction. I could not learn satisfactorily who was the commanding officer of the entire squadron, as the English and French accounts differed materially on that point, though I presume it can not be doubted that Admiral Price is the official senior of Admiral des Pointes. It is evident that no great harmony of feeling exists between the different portions of the fleet, and I learn from pretty good authority that a separation will soon be deemed expedient.

On Friday the two admirals and their officers had an audience at the palace which was marked by a circumstance that ought to be mentioned. After the usual courtesies, addresses, etc., were over, the French admiral, on the suggestion of Mons. Perrin, said to the King, through an interpreter, that he hoped there was no thought of alienating the sovereignty of the Kingdom, as such a thing would lead to difficulty and perhaps war with England and France, which it would be for the interest of His Majesty to avoid. The King made no reply whatever.

SIR: I am only able to write briefly by the mail which goes this afternoon, being much debilitated by an attack of sickness from which I am just convalescent.

The Government here rests on a volcano. Its subversion is within the power of the foreign residents, and I am prepared to witness an outbreak at any moment. The dissatisfaction with the present state of things is daily increasing, and a crisis of some sort is inevitable.

On Tuesday evening last there was an intense alarm among the native population on account of the supposed presence of "filibusters." The troops were called out and remained under arms all night. The apprehension seems to have been excited by the discovery of a box of pistols among some goods landed at the custom-house.

I have succeeded in arranging the terms of a treaty of annexation with the minister of foreign relations, which meets the approval of the Crown Prince and cabinet. But it is not yet signed, and I am unable to give you any assurance that it will be immediately completed. The pretense of delay is the supposed necessity of consulting the King, which for sometime has been impossible on account of His Majesty's illness.

The great difficulty I had to encounter was the inveterate prejudice of the Hawaiian authorities against a territorial form of government, which could not be overcome. Finding it impossible to provide otherwise, I finally consented to agree to the admission of the islands as a

State, as soon as it could be done in conformity with the principles and requirements of the Federal Constitution, leaving the existing laws, so far as they are republican and consistent with such Constitution, in full force and effect in the meantime.

There was also much controversy as to the extent of consideration. The Government absolutely refused to listen to anything short of annuities to the extent of $300,000, and I finally listened to the sine qua non which they presented, with the understanding that it was solely ad referendum.

I had intended to send you a copy of the treaty as agreed on, for information, but I have been altogether unequal to the task of making it in time for the present mail.

I have notified the minister of foreign relations that there must be a speedy diplomatical conclusion of our negotiations, and expressed the view that any further delay will be inconsistent with the position of the Government of the United States in the transaction. He assents to the propriety of my representations, and promises to spare no efforts to bring about the signature of the treaty.

I may therefore express the hope that a final result will soon be attained. But I fear the occurrence of a state of things which will place me in some embarrassment. There is reason to believe that upon the ratification of the treaty there will be a desire and a necessity of an immediate transfer of the sovereignty of the islands to the United States in order to guard against pressing danger. If such a crisis occurs I shall deem myself justified in accepting a provisional transfer, subject to the provisions of the treaty, or such arrangements as may be finally made by the two parties. This, I have no doubt, would be decisive as to the influences hereafter to prevail in the archipelago, whatever might be the view of our Government as to the cession. A flood of emigration would pour in from California the moment our flag was raised, sufficient to put a check upon all future British and French pretensions.

Yesterday I had an audience at the palace for the officers of the St. Mary. The King was unable to be present, owing to his illness, but he was represented by the Kuhina Nui, who always stands in his place when he can not perform his functions.

The British consul-general has demanded a personal audience of the King, to communicate to him certain views of his Government, which will take place as soon as His Majesty is recovered.

The negotiations for annexation are in the same condition as when my dispatch (No. 51) of the 7th instant was written. On Saturday last the cabinet had an audience of the King and laid before him a copy of the treaty in the Hawaiian language, and through Mr. Armstrong, as interpreter, explained it in all its particulars. He expressed himself satisfied, as I am advised, but stated that he wished to consult

particularly with a few of his chiefs before final action was taken. Unfortunately he has since been in such a state of infirmity as to be able to consult with no one, and it is difficult to predict when his present fit of illness will terminate.

I have insisted upon the immediate signature of the treaty, and Mr. Wyllie admits that, according to diplomatic usage, there should be no further delay. In my last dispatch I stated that I had notified him that the negotiations must be at once concluded. I have since addressed him a letter to the same effect, setting forth strongly the reasons which induced me to take this course. A copy of it is herewith inclosed for your information. Its representations I considered would have an important bearing in bringing matters to an issue, and I still think this will be the effect. I hope I did not go further than the President will be willing to approve. The peculiar circumstances which exist seemed to demand a strong expression on my part, with all the incidental references and suggestions which are employed. I acted with regard to what I supposed to be the peculiar exigencies of the times, and it has been intimated to me that my course will probably contribute to hasten matters to a conclusion.

I forward also a copy of the treaty, the terms of which were finally settled between Mr. Wyllie and myself on the 19th ultimo. I have already informed you of the utter impossibility of such provisions as I desired in the second and eighth articles. As they stand they will be regarded as ad referendum so far as the United States are concerned. This, of course, was the only ground upon which I could place my assent to them, especially the last. From the protocols, which are not yet all in a condition to be copied for transmission, the true character of the negotiation and its embarrassing circumstances will more fully appear. I shall probably be able to send them by the next mail.

The provisions of the separate article were made a matter of positive demand by the Hawaiian cabinet. I refused to incorporate them into the body of the treaty, because they contemplate an object which, if effected at all, must be brought about before any final ratification can take place. The ratification of the treaty by this Government would undoubtedly quell any disturbances that might arise from American sources, but a conditional cession, as contemplated by such article, would forever practically settle all questions as to future influence and jurisdiction. The moment our flag was raised a flood of immigration from California would pour in, sufficient, at least, to make the islands thoroughly American and to secure an equitable and fair arrangement if the terms of the present treaty are deemed unsatisfactory.

The return of Judge Lee from the island of Maui is expected in a few days. It was through his persuasions that the King made advances for annexation, and his influence with the chiefs and native population generally is greater than that of any man on the islands. I learn that he objects to the second article of the treaty on the ground that he does not think it provides explicitly enough for a State government. In this respect I have gone to the utmost limit of what, in my judgment, the Constitution allows, and if his advice leads this Government to exact impracticable conditions I shall, of course, be fully prepared to reject them.

The British consul-general has advised this Government that he will not, for the present, seek the audience which he formerly demanded, as I advised you in my last dispatch.

The effect of the publications in the New York Daily Tribune of July 20 has been unfortunate here in giving to the British consul-general

weapons to fight against the United States. I regret very much that any opportunity should have occurred at this juncture to confirm, in the minds of the Hawaiians, the false impressions which are constantly sought to be created in regard to our purposes and policy. If the present negotiations fall through I shall attribute it almost entirely to the effect of such publications as that of the Tribune and other papers of like character.

I have, etc.,

DAVID L. GREGG,

Treaty of annexation concluded between His Majesty the King of the Hawaiian Islands and the United States of America:

His Majesty the King of the Hawaiian Islands, being convinced that plans have been, and still are, on foot hostile to his sovereignty and to the peace of his Kingdom, which His Majesty is without power to resist, and against which it is his imperative duty to provide, in order to prevent the evils of anarchy and to secure the rights and prosperity of his subjects, and having in conscientious regard thereto, as well as to the general interests of his Kingdom, present and future, sought to incorporate his Kingdom into the Union of the United States, as the means best calcuÎated to attain these ends and perpetuate the blessings of freedom and equal rights to himself, his chiefs, and his people; and the Government of the United States, being actuated solely by the desire to add to their security and prosperity and to meet the wishes of His Majesty the King of the Hawaiian Islands, and of his Government, have determined to accomplish by treaty objects so important to their mutual and permanent welfare.

For that purpose His Majesty Kamehameha III, King of the Hawaiian Islands has granted full powers and instructions to Robert Crichton Wyllie, esquire, his minister of foreign relations, his secretary at war and of the navy, member of his privy council of state, member of the house of nobles, and chairman of the commissioners of his privy purse; and the President of the United States has invested with like powers David Lawrence Gregg, esquire, commissioner of said States to the said Kingdom; and the said plenipotentiaries, after exchanging their full powers, have agreed to and concluded the following articles:

ARTICLE I.

His Majesty the King of the Hawaiian Islands, acting in conformity with the power vested in him by the constitution of his Kingdom, and with the wishes of his chiefs and people, and of the heads of every department of his Government, cedes to the United States his Kingdom, with all its territories, to be held by them in full sovereignty, subject only to the same constitutional provisions as the other States of the American Union. This cession includes all publie lots and squares, Government lands, mines and minerals, salt lakes and springs, fish ponds, public edifices, fortifications, barracks, forts, ports and harbors, reefs, docks, and magazines, arms, armaments and accouterments, public archives, and funds, claims, debts, taxes and dues existing, available, and unpaid at the date of the exchange of the ratifications of this treaty.

ARTICLE II.

The Kingdom of the Hawaiian Islands shall be incorporated into the American Union as a State, enjoying the same degree of sovereignty as other States, and admitted as such as soon as it can be done in consistency with the principles and requirements of the Federal Constitution, to all the rights, privileges, and immunities of a State as aforesaid, on a perfect equality with the other States of the Union.

ARTICLE III.

His Majesty the King of the Hawaiian Islands, his chiefs and subjects of every class, shall continue in the enjoyment of all their existing personal and private rights--civil, political, and religious-to the utmost extent that is possible under the Federal Constitution, and shall possess and forever enjoy all the rights and privileges of citizens of the United States, on terms of perfect equality, in all respects, with other American citizens.