of certain British subjects against the Hawaiian Government, and in which you set forth as a means of arriving at a satisfactory solution the proposal of Her Majesty's Government that the cases which still remain unsettled should be referred to the arbitrament of an independent jurist of high standing, or, failing an agreement as to the person to be selected, to have him designated by the King of Sweden and Norway, or the President of the Swiss Confederation, or by some other neutral personage of high distinction. I have the honour to reply that this Government appreciates fully the courteous proposition of Her Majesty's Government to submit the matter to a disinterested arbitrator, and is pleased to consider it as an evidence of the friendly feeling of Her Majesty's Government towards this Republic. The Hawaiian Government, however, does not consider that it has authority to act in the premises in view of the consummation of the annexation of this country to the United States of America. With, &c. HENRY E. COOPER, ANNEX 22. Mr. Cooper to Acting Consul-General Kenny. Foreign Office, Honolulu, My dear Mr. Kenny, Hawaiian Islands, July 20, 1898. ADVERTING to our interview on the 18th instant, I now beg leave to hand you a précis of our conversation, which I think explains the position of this Government. Believe me, &c. HENRY E. COOPER. Précis of Interview. as a THE Hawaiian Government, had it continued sovereign State, would have undoubtedly accepted the courteous proposal of Her Britannic Majest 's Gover ment to arbitrate the difference of opinion in regard the claims of British subjects. [11488] to The annexation of the Hawaiian Islands to the United States having been consummated, the Government no longer feels that it has the authority to proceed further without first submitting the proposition to the Government of the United States. Department of Foreign Affairs, ANNEX 23. Acting Consul-General Kenny to Mr. Cooper. My dear Mr. Cooper, Honolulu, July 28, 1898. WITH reference to your note of the 20th instant, inclosing a précis of our interview of the 18th instant, may I ask whether you have referred the matter to the United States Government? Mr. Cooper to Acting Consul-General Kenny. Foreign Office, Honolulu, Hawaiian Islands, My dear Mr. Kenny, July 30, 1898. REPLYING to your note of the 28th, I would say that I have referred the subject of our interview of the 18th instant, and correspondence relative thereto, to the American Minister, for the information of the United States Government. I am, &c. HENRY E. COOPER. ANNEX 25. Acting Consul-General Kenny to Mr. Cooper. Sir, Honolulu, August 1, 1898. I HAVE the honour to acknowledge the receipt of two notes from you, having reference to the claims of British subiects against your Government-one, dated the 20th July last, stating that, had the Hawaiian Government continued as a sovereign State, it would have undoubtedly accepted the courteous proposal of Her Britannic Majesty's Government to arbitrate the difference of opinion in regard to the claims of British subjects, but that the annexation of the Hawaiian Islands having been consummated, the Government no longer feels that it has the authority to proceed without first submitting the proposition to the Government of the United States, and the other, dated the 30th July last, informing me that you had referred the above matter, and the correspondence relative thereto, to the United States Minister here, for the information of the United States Government. I have, &c. W. J. KENNY. ANNEX 26. Treaty between the United States and Hawaii, signed at THE Republic of Hawaii and the United States of America, in view of the natural dependence of the Hawaiian Islands upon the United States, of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said islands, and of the expressed desire of the Government of the Republic of Hawaii that those islands should be incorporated into the United States as an integral part thereof, and under its sovereignty, have determined to accomplish by Treaty an object so important to their mutual and permanent welfare. To this end the High Contracting Parties have conferred full powers and authority upon their respectively appointed Plenipotentiaries, to wit: The President of the Republic of Hawaii, Francis March Hatch, Lorrin A. Thurston, and William A Kinney. The President of the United States, John Sherman, Secretary of State of the United States. ARTICLE 1. The Republic of Hawaii hereby cedes absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it is agreed that all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii. ARTICLE 2. The Republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings, or edifices, ports, harbours, military equipments, and all other public property of every kind and description, belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining. The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands, but the Congress of the United States shall enact special laws for their management and disposition. Provided, that all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. ARTICLE 3. Until Congress shall provide for the government of such islands, all the civil, judicial, and military powers exercised by the officers of the existing Government in said islands shall be vested in such person or persons, and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned. The existing Treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such Treaties as may exist, or as may be hereafter concluded between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfilment of the Treaties so extinguished, and not inconsistent with this Treaty, nor contrary to the Constitution of the United States, nor to any existing Treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine. Until legislation shall be enacted extending the United States customs laws and Regulations to the Hawaiian Islands, the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged. ARTICLE 4. The Public Debt of the Republic of Hawaii, lawfully existing at the date of the exchange of the ratifications of this Treaty, including the amounts due to depositors in the Hawaiian Postal Savings' Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed 4,000,000 dollars. So long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued, as hereinbefore provided, said Government shall continue to pay the interest on said debt. ARTICLE 5. There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States, and no Chinese by reason of anything herein contained shall be allowed to enter the United States from the Hawaiian Islands. ARTICLE 6. The President shall appoint five Commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the territory of Hawaii as they shall deem necessary or proper. ARTICLE 7. This Treaty shall be ratified by the Pres Sident of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the Constitu ution of the said Republic, on the one part; and by the President of the United States, by and with the advice and consent of the Senate, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible. |