NEW AND FLAGRANT OUTRAGE BY THE FRENCH IN THE PACIFIC—VIOLENT SEIZURE OF THE SANDWICH ISLANDS. (Continued from our last). [From the New Zealander, Nov. 17.]

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 452, 1 December 1849, Page 4

NEW AND FLAGRANT OUTRAGE BY THE FRENCH IN THE PACIFIC—VIOLENT SEIZURE OF THE SANDWICH ISLANDS. (Continued from our last). [From the New Zealander, Nov. 17.]

The prompt, and, to every honorable mind, satisfactory reply of the Hawaiian Government was as follows : — Foreign Office, Honolulu, Aug. 25, 1849. The undersigned, Minister of Foreign Relations of the King of the Hawaiian Islands, had the honor to receive on the 22nd instant, at 3 o'clock in the afternoon, the despatch addressed to him, dated the same day, by Rear Admiral Legoarant de Tromelin, Comman-der-in-Chief of the naval forces of the French Republic in the Pacific Ocean, and M. Dillon, Consul of France in the Sandwich Islands, in which they make, in the name of the French Republic, ten demands, to which they require a categorical reply from the King before 3 o'clock of the afternoon of Saturday, the 25th instant, under the penalty of their declaring null and void the treaty of the 26th March, 1846 ; and reviving in full vigour the contention with Post Captain Laplace, of the 12th and 17th July, 1835 ; and under the further penalty of their employing the means at their disposal to obtain a complete reparation, unless the demands comprised in , paragraphs 7th, Bth, 9tb, aud 10th, are complied with. The undersigned has the honor to reply to the Rear Admiral and Consul of France, that their despatch has been laid before the King in Council, and deliberated upon with all the care possible, and that the King as an independent sovereign, under his rights guaranteed by joint declaration of France and Great Britain, of the 28th November, 1843, as a party to the treaty of the 26th March, j 1846, and as the sovereign of these islands, j in direct correspondence through his duly accredited representative, since the 23rd April last, with the Government of the French Republic, by and with the advice of his Privy Council, has instructed the undersigned to make the following reply : In the first place, the King and Government disclaim any intention in the letter cf the Minister of Foreign Relations of the 21st instant, of refusing an audience to Rear Admiral de Tromelin, and the Consul of France. It appears, however, from the demand, under hostile menaces, of categorical answers to certain peremptory requirements without dis-

cussion or exposition of facts, on the ground that such discussion or exposition would be wholly useless, that such audience could have been of little or no avail, if granted. But the undersigned is, nevertheless, commanded to add, that if it be the pleasure of the Admiral and Consul of France to have an audience of the King, upon matters actually pending between this Government and the Republic of France, it will be granted. In relation to the demands of the Admiral and Consul of France, the undersigned is instructed to reply as follows : — That to the first demand, namely, the complete adoption of the treaty of the 26th March, 1846, as it reads in the French text, the King and Government assent ; assuring the Admiral and Consul of France, that they are now ready and willing, as they ever have been and will be, to fully and faithfully execute all the provisions' of the treaty of the 26th Maich, 1846, until the same be modified, or superseded by a new treaty. To the second demand, namely, that the duties on brandies, and other spirituous liquors — of French origin — be reduced fifty per cent, ad valorem, the undersigned is instructed to make answer, that the King and Government most respectfully decline to accede. First, on the ground lhat this question is now pending ia direct reference to the consideration of the Depaitment of Foreign Af- J fairs in France. Secondly, because such demand is a plain and decided infraction of the letter and spirit of the 26th March, 1846; the 6th article of that treaty expressly empowering the Hawaiian Government to desig- j nate the amount of duty to be laid upon brandy and other spirituous liquors ; " provided always, that such duty shall not be so high as absolutely to prohibit those articles." So far is the present duty from amounting to an absolute prohibition of the importation of those articles, that it appears from the statistics of the Custom House at Honolulu, that ihere have been three thousand two hundred and eighty-three gallons of brandy, and other spirituous liquors, imported into this place, which have paid duties, since the first day of January last. To the third demand, requiring the subjection of the Catholic schools to the direction of the chief of the French Mission, and to special inspectors, not Protestants ; and a treatment rigorously equal granted to the two worships and their schools, the undersigned is instructed to make answer, that it is the intention of the King and Government of the Hawaiian Islands to treat with perfect equality the Catholic and Protestant worships and their schools. But that the schools referred to are public schools, entirely supported by the funds of the Government, raised exclusively from natives, and that they cannot submit to place them under the direction of any mission, Catholic or Protestant. As answer to the fourth demand, requiring the adoption of the French language in business intercourse between French citizens and the Hawaiian departments, the undersigned is commanded to state, that the subject of this demand is now pending in reference to the Government of France ; and that it is confidently believed by the King, that the result of that reference will be favourable to the views entertained by this Government; namely, that this demand is without foundation in the treaty of the 26th March, 1846, or the law of nations, and absolutely impracticable in the present state of these islands. To the fifth demand, requiring the alteration of the law " to encourage the visits of whalers," so as to admit brandy and other spirituous liquors free of duty, in common with other commodities ; and the repeal of the regulation which obliges vessels laden with spirituous liquors to pay and support while on board, the Custom-house officer placed there to superintend the lading and unlading of such vessels, the undersigned has it in command to reaffirm the ground previously taken in regard to other demands, namely, that these questions have been referred to the direct consideration of the Government of France ; the result of which reference the King now awaits. But to add, however, that if the King and Government could see wherein such provisions conflict with the parity or any other right guaranteed to France under the existing treaty or the law of nations, or wherein such provisions apply to French whalers or merchant ships differently from the vessels of other nations, this demand would be granted. In answer to the sixth demand, namely, the return of all duties received in virtue of the regulations, the repeal of which is demanded in the fifth paragraph, the undersigned is commanded to state, that it follows as a consequence of the answer above given to the fifth requirement that it cannot be granted. To the seventh demand, requiring the return of the fine of twenty-five dollars, paid by the French whale ship, the General Teste, besides an indemnity of sixty dollars for the time during which she was detained here, the King and Government, through the medium of the undersigned, answer that this with other

questions has been referred to France ; and that relying upon her justice to support the view they have taken, they respectfully decline to yield their assent to this demand. The General Teste, in leaving the port of Honolulu, without first obtaining a clearance, plainly violated the law, as admitted by the Consul of France, subjecting her to a penalty of five hundred dollars, which, through the clemency of the Kiug's Commissioners of Customs, was reduced to twenty-five. As answer to the eighth demand, requiring the insertion in the official journal of the Hawaiian Government, of the punishment inflicted upon the scholars of the High School for impious conduct, giving motive to the complaints of M. the Abbe Coullon, the undersigued is instructed to answer, that the King and Government have discountenanced, and ever will strongly discountenance all improper or impious conduct in any church of this kingdom ; but, that in the case referred to, the King's Government are informed no conviction was had, or punishment inflicted, because the Justice before whom the case was tried, was of the opinion that the charge had not been sustained by proof ; and, no appeal having beeu taken from his decision, no international question can arise in the matter. To the ninth demand, requiring the removal of the Governor of Hawaii, who, it is alleged, violated, or allowed to be violated, the domicile of M. the Abbe Marechal, or the order that he make reparation for the same to that missionary ; the one decision or the other to be inserted in the official journal ; — the undersigned is instructed to reply — that the King and Government have now for the first time learned of the grievance now complained of — that the legal tribunals of this kingdom have\ever been open to the redress of all injuries of this nature ; and that it is for the party alleged to have been injured to seek for justice by due recourse to such tribunals. — Until justice be so sought and denied, neither the Admiral or the Consul of France, can under the law of nations or the treaty of the 26th of March, 1846, rightfully proceed as if justice were refused. To ,the tenth demand, requiring payment to the proprietor of the French Hotel of the damages committed in his house by foreign sailors, the undersigned has it in command to answer, — that the Courts of this kingdom have been and now are, open to the proprietor of tbe French Hotel, equally with all other i persons, to compel the remuneration of damages wrongfully sustained. The King and Government are not aware that redress for I such wrong has ever been denied to any i French citizen, and until it is denied, they can see no ground for such reclamations. Having answered the several demands in the order in which they are propounded, the undersigned is commanded to add, that a copy of the Admiral and Consul's despatch, with full explanations upon every demand, has j been forwarded to the King's Special Commissioner, to be added to those other docu- ! ments which he has it in command to submit j to the French Government, with a view to the amicable adjustment of every matter and question contested with the Consul of France. And he has been instructed to use similar efforts to adjust all those embraced in the despatch now under reply ; so as not to leave one grievance, or even the alleged evils arising from the delay of said reference, unprovided for. And the undersigned is further commanded to add, that the King and Government of the Hawaiian Islands, ever ready fully and faithfully to carry out all the stipulations of the Treaty of the 26th of March, 1846 ; and ever solicitous to live on the strictest terms of amity and peace with the Republic of France, would respectfully propose, in case the reference made to France is not satisfactory, to refer all matters and controversies in difference between France and the Hawaiian Islands, to the friendly mediation and adjustment of some neutral power, by whose arbitrament and award the King and Government will engage to abide. With this answer and proposition solemnly conveyed to you in tie King's name, it will be for the Admiral and Consul of France to answer to their own Government, to their own consciences, and to the world, for the use they make of the large force at their disposal. The King has ordered that no resistance whatever shall be made to such force. R. C. Wtllie. On the afternoon of the 25th (the same day on which the reply was forwarded) the armed forces of France took military possession of the Fort, the Government offices, and the Custom-house, and seized tbe King's Royal yacht. This they did without forcible opposition on tbe pait of the Hawaiians, as the King in council had given orders " that no resistance should be made nor any insult offered to any French officer, marine, or soldier," and these orders were strictly obeyed. The French Admiral also, caused a Proclamation "to the inhabitants of Honolulu," stating his purposes, to be txtensively pla-

carded on the morning of Sunday the 26th* With reference to this, Mr. Wyllie remonstrated in a despatch to the Admiral, stating that " his Majesty has not consented to the Proclamation, and, in regard to the same, reserves his rights as King of an independent State, under the engagement referred to"—(that guaranteed by the joint declaration of France and Great Britain of the 28th Not., 1843) — "and the treaty of the 20th of March, 1846." On the 28th of August two conferences, one of three, the other of five hours duration, were held on hoard the French steam corvette Gassendi, between the Admiral and Messrs. Judd and Lee, Special Commissioners appointed by the King. No amicable arrangement was arrived at. A significant fact, illustrative of the animus of the French officers, is that, " during the negotiations t ~ihe work of dismantling the Fort was progressing, and continued up to the 30th instant, a little past mid-day." The next occurrence in this eventful history was the forwarding of the following communication, which stiikingly shows the temperate and amicable disposition of the Hawaiian Government: Palace, 29th August, 1849, At half-past 2 p.m. Sir, — I am directed by the King and Council to pass to you, officially, in the most respectful manner, copies of the enclosed Resolutions, fully sanctioned by the King and Couucil for your acceptance, and to state his Majesty's belief that after this solemn offer all just occasion for war or even reprisals, is completely removed, and the honour of France and your own fully covered under the law of Nations. Hoping that you will take this view, I renew the assurance of the most distinguished consideration with which I have the honor to be, Sir, Your most obedient humble servant, R. C. Wyllie. Admiral Legoarant de Tromelin, Cora-mander-in-Chief of the Naval Forces of the French Republic, &c, off Honolulu. The following are the resolutions of the King and Privy Council, alluded to in Mr. Wyllies preceding note :—: — Resolved, That the King and Government duly appreciate (he disposition of Rear Admiral de Troraelin to settle the existing difficulties with his Majesty's Commissioner! sent on board the Gassendi. And that while the King and Government repeat their determination to adhere to the treaty of the 26th of March, 1846, as it may be interpreted by the joint parties to its formation, until it be modified or superseded by a new treaty to which France shall consent, they deplore the necessity under which the Admiral considers himself placed of pressing the King and Government lo an immediate decision in regard to the sense to be given to that treaty, and they hereby empower the Minister of Foreign Relations to make to the Admiral the following propositions :—: — First — That all pending difficulties be referred to the decision of the Government of France in concert with the King's special plenipotentiary ; and, in case of a non agreement upon any point, to the final award of any friendly power to be named by France herself ; the Hawaiian Government pledging the King's faith and the national revenues, and, if required, the further guarantee of some friendly power to abide by and carry out all the provisions of such decision and award. Secondly — That if the Admiral agree to this, a contract to the above effect be drawn up and signed by him and the King's Commissioners. Thirdly — That having made these proposals, the King of the Hawaiian Islands solemnly declares that he has done all in his power and all that under the law of Nations, and existing engagements with France, can be justly required of him as necessary to satisfy the honour of France and of the Admiral: and that after this offer, securing and guaranteeing the most ample reparation upon all points, as France herself, or the umpire o£ her own choice, may pronounce just, the King believes that all just cause for war or even reprisals, under the law of Nations, is entirely removed. (Signed) Kamehameha (1.5.) Keoni Ana. By the King and the Premier, R. C. Wyllie, Minister of Foreign Relations. (To be continued),