Mr. G. P. Judd and Mr. James J. Jarves to Mr. Clayton. WASHINGTON, May 30, 1850. SIR: We have the honor to inclose for your perusal copies of certain documents relative to the late difficulties which have arisen between the Governments of France and the Hawaiian Islands. Nos. 17, 18, and 19 relate to an application to the Government of Her Britannic Majesty in order to obtain their good offices in the adjustment of the points at issue. Nos. 20 and 21 relate to a new treaty with France. From these you will perceive that the British Government have consented to use their good offices in favor of our Government. We are instructed to request the friendly interposition of the United States towards a satisfactory settlement of the difficulties with France, and we invite the coöperation of your excellency, particularly with reference to the adoption by both England and France of treaties similar to that negotiated by the United States. It is the earnest desire of His Hawaiian Majesty that the United States become party to an arrangement with those two powers to secure his neutrality in all wars and provide for the settlement of any future difficulty which may arise between the Hawaiian Islands and either of the three powers by a reference to the other two. Trusting that our communication may meet with a favorable consideration, we subscribe ourselves, Your excellency's most obedient servants, [Inclosures not found with note.] G. P. JUDD, JAMES J. JARVES. Mr. Clayton to Mr. Judd and Mr. Jarves. DEPARTMENT OF STATE, To Messrs. G. P. JUDD and JAMES J. JARVES, Washington: GENTLEMEN: I have the honor to acknowledge the receipt of your note of the 30th ultimo, with the accompanying documents, relative to the difference between His Hawaiian Majesty's Government and the Government of France, growing out of certain proceedings of the late consul-general of France and of the naval commander of that Republic at the Hawaiian Islands. Your note has been submitted to the President, who has directed me to state, in reply, that as the United States have strong motives both of sympathy and interest for desiring that His Hawaiian Majesty's Government should be upon the most friendly terms with all others and especially with those of powerful commercial States, he ardently hopes that the misunderstanding adverted to may be adjusted to the mutual satisfaction of the parties, and will cheerfully do anything in his power, compatible with the cardinal policy of this Government, to bring about that desirable result. An instruction will accordingly be addressed to Mr. Rives, the United States minister at Paris, directing him to employ his good offices, either separately or in conjunction with the British minister, for the purpose of accommo lating the dispute between His Hawaiian Majesty's Government and hat of France. The desire which you express in behalf of His Hawaiian Majesty that the United States should become a party to an arrangement with Great Britain and France to secure His Majesty's neutrality in all wars and provide for the settlement of any future difficulty which may arise beween the Hawaiian Islands and either of the three powers, by a ref erence to the other two, shall be taken into respectful consideration. I avail myself of the occasion, gentlemen, to offer to you the assurance of my very high regard. JOHN M. CLAYTON. No. 15.] Mr. Clayton to Mr. Rives. To WILLIAM C. RIVES, Esq., etc.: DEPARTMENT OF STATE, . SIR: I transmit a copy of a note and of the accompanying papers addressed to this Department, under date the 30th of May last, by Messrs. G. P. Judd and James Jackson Jarves, accredited to this Goverment as special commissioners of His Hawaiian Majesty, requesting the friendly interposition of the United States towards a satisfactory settlement of the differences between the Hawaiian Government and that of France. A copy of my answer to the application is also inclosed. It certainly is very desirable that the relations between France and the Hawaiian Islands should be of an amicable character. We desire that those islands should maintain their independence. We believe that their existing government is competent to discharge the duties of a sovereign state, and that if any of its acts or omissions with reference to other governments, or to the citizens or subjects owing them allegiance, have been of questionable propriety, this should be imputed to the inexperience of the Hawaiian functionaries, and to the difficulties arising from the peculiarities of their position. It undoubtedly behooves the governments of older and more powerful states who hold official intercourse with the Hawaiian Government to view with indulgence any delinquencies which they may commit clearly resulting from the causes just indicated. The occasion is not considered to call for an expression of an opinion by this Department in regard to the merits of the controversy between the French and the Hawaiian authorities. The Department, however, will not hesitate to express its belief that whatever may have been the convictions of the French officers as to the justice of their cause, the measures adopted to obtain redress were unnecessarily harsh. It is hoped that this will ultimately be the conclusion of the French Government itself; and that, in that event, it will make such amends to the Hawaiian Government as a great and magnanimous nation can not fail to consider as due in such case to a feeble and injured state. The Department will be slow to believe that the French have any intention to adopt, with reference to the Sandwich Islands, the same policy which they have pursued in regard to Tahiti. If, however, in your judgment it should be warranted by circumstances, you may take a proper opportunity to intimate to the minister for foreign affairs of France that the situation of the Sandwich Islands, in respect to our possessions on the Pacific and the bonds commercial and of other descriptions between them and the United States, are such that we could never with indifference allow them to pass under the dominion or exclusive control of any other power. We do not ourselves covet sovereignty over them. We would be content that they should remain under their present rulers, who, we believe, are disposed to be just and impartial in their dealings with all nations. of The President is not prepared to comply with the request of Messrs. Judd and Jarves, that the United States should become a party to an arrangement with England and France to secure the neutrality of the Hawaiian Government in all wars, and to provide for the adjustment any future misunderstanding between that Government and either of the three by a reference to the other two. But although a formal treaty for these purposes would be too little in consonance with our usual policy to be entered into without great deliberation, our interests involved in the independence of the Sandwich Islands are of sufficient importance to require and warrant us in adopting other measures for the purpose of restoring and preserving harmony between their Government and that of either England or France. The President consequently hopes for the best results from your zealous, yet prudent, endeavors toward a satisfactory accommodation of the dispute which is the immediate occasion of this dispatch. I am, sir, respectfully, your obedient servant, JOHN M. CLAYTON. No. 49.] Mr. W. C. Rives to Mr. Webster. LEGATION OF THE UNITED STATES, Paris, September 12, 1850. SIR: I omitted in my last dispatch to acknowledge the receipt of dispatch No. 15 from the State Department, addressed to me by the late Secretary of State, and which was not received here until I had left Paris on my recent excursion. I shall in the exercise of the discretion it commits to me profit of the first occasion which may seem suitable and proper to bring the views and considerations it suggests to the aid of au amicable adjustment of the difficulties between the Sandwich Islands and this Government, without intruding officiously or offensively in the controversy between the parties. The minister of foreign affairs left here ten or twelve days ago to accompany the President in his visit to Cherbourg and some of the neighboring departments, and is not expected back for several days yet to come. I have therefore had no opportunity of personal communication with him since my return to Paris. We, Kamehameha III, by the grace of God of the Hawaiian Islands, King: By and with the advice of our kuhina nui and counsellors of native chiefs, finding our relations with France so oppressive to my Kingdom, so inconsistent with its rights as an independent State, and so obstructive of all our endeavors to administer the government of our islands with equal justice with all nations and equal independence of all foreign control, and despairing of equity and justice from France, hereby proclaim as our royal will and pleasure that all our islands and all our rights as sovereign over them are from the date hereof placed under the protection and safeguard of the United States of America until some arrangements can be made to place our said relations with France upon a footing compatible with my rights as an independent sovereign under the laws of nations and compatible with my treaty engagements with other foreign nations; or, if such arrangements be found impracticable, then is our wish and pleasure that the protection aforesaid under the United States of America be perpetual. And we further proclaim as aforesaid that from the date of publication hereof the flag of the United States of America shall be hoisted above the national ensign on all our forts and places and vessels navigating with Hawaiian registers. Done at our palace at Honolulu this 10th day of March, A. D. 1851, and in the twenty-sixth year of our reign. [L. S.] KAMEHAMEHA. Mr. Severance to Mr. Webster. No. 6.] UNITED STATES COMMISSION, SIR: I wrote you yesterday and sent the letter by mail in a vessel which sails on Wednesday, in relation to the negotiations with M. Perrin, the French consul-general, and that there was little probability of an amicable conclusion. What will follow we can not tell, but in case of another hostile attack from the French, the King, with the approbation of his chiefs, and I believe nearly all the principal officers of the Government, have it in contemplation to take down the Hawaiian flag and run up that of the United States. They contemplate annexation to our Republic, and have already consulted me about it. They would prefer a guaranty of protection from England and the United States, and have consulted with Gen. Miller, the British consul-general here. He gives them no satisfaction, having written to his Government on the same topic before and received no reply. He is bound by the joint declaration of 1843, that Great Britain shall not take possession, either as a protectorate or otherwise. There is considerable British interest here. Formerly the King and chiefs put great reliance on the protection of England, which was promised verbally to Liholiho, the immediate predecessor of the present King, when he visited England with several of his chiefs. William IV was then on the British throne, I believe; but since then they have had a great deal of difficulty with Mr. Charlton, the British consul, and some with Gen. Miller, the present consul. So they have also with my predecessors, Brown and Ten Eyck; yet the American interest, missionary, mercantile, and otherwise, is altogether paramount. The popular representative body recently elected by native votes is for the most part composed of natives of the United States, and so is the executive part of the Government, as well as the judiciary, at least in the high courts. The other branch of the legislature is composed of S. Rep. 227-57 a council of native chiefs, retaining so far their ancient privileges. During the last year or two there has been a considerable immigration from Sidney, but not an influential or desirable population. Threefourths, at least, of the business done here is by Americans, and they already own much of the real estate. The sugar-planters are nearly all Americans, and have a strong interest in annexation to the United States, as in that event they will supply our Pacific coast with sugar at an advantage of 30 per cent over all other sugars from the East Indies or elsewhere. The subject of annexation is here often hinted at, and sometimes freely discussed in private; but it is known only to a very few that the King and his Government have the matter under consideration. If the action of the French should precipitate a movement here, I shall be called on, perhaps, to protect the American flag. I was indeed requested to go and see the King on Monday night, and in the presence of the council to give him assurance of protection should he raise the American flag instead of his own; but I preferred to keep away, so as to avoid all appearance of intrigue to bring about a result which, however desirable, and as many believe ultimately inevitable, must still be attended with difficulties and embarrassments. It was a week before this that I was applied to by the King to prevent the sailing of the Vandalia, as was contemplated by Capt. Gardner. It was his wish to go on Saturday last. The letters of the premier, minister of the interior, and vice-regent will be found on sheet annexed, marked A. To the letter of the regent I replied as on sheet marked B. I then addressed a letter to Capt. Gardiner, after first having a free conference with him and with Mr. Allen, the American consul. The letter is marked C. To this Capt. Gardiner replied as marked D. Capt. Cosnier, commander of the Serieuse, appears to be a very worthy man and takes no part in the controversy, as far as known. He can not speak English. I can not yet believe Mr. Perrin will require him to commence war or reprisals, or even blockade. I am, however, in the highest degree anxious to have your instructions how far I may go in protecting the American flag if it shall be raised here. There will be no lack of volunteers to defend it on shore, and a host will soon rush here from California to uphold the stars and stripes. But then if the French should fire upon the town from the corvette, might not Capt. Gardiner interpose to protect American property which is to be found on both sides of every street in town, and all along the wharves? Under the circumstances I am strongly inclined to this opinion, but it requires very serious reflection. I hope no outbreak may change the present state of things till I can hear from you and know how far I can be justified in calling upon a volunteer force or any of our vessels of war to defend the American flag should it be raised here by the consent or desire of the existing Government. The Serieuse may now go away without committing any act of hostility, but the difficulties are not settled. The French may return with a larger force. They have more ships of war in the Pacific—one frigate and a brig, I believe. The natives look upon them as enemies, and if they come again on a like errand we shall be again appealed to for protection and the subject of annexation will come up again with added force. I hope the exigency will not arrive till after I have heard from you, as I greatly fear my inclination may lead me to transcend my authority. Meantime I shall endeavor to retain the confidence of the King, the chiefs, and the cabinet. Of the latter, John Young, minister of the in |