: disturb our existing friendly relations with the French Goverment. This is a result to be deplored. If, therefore, it should not be too late, it is hoped that you will make such representations upon the subject to the minister of foreign affairs of France as will induce that Government to desist from measures incompatible with the sovereignty and independence of the Hawaiian Islands, and to make amends for the acts which the French agents have already committed there in contravention of the law of nations and of the treaty between the Hawaiian Government and France. I am, sir, respectfully, your obedient servant, DANL. WEBSTER. JOINT RESOLUTION. Be it resolved by the nobles and representatives of the Hawaiian Islands in legislative council assembled, That, in the sense of this house, the demands of France are so clearly unjust and contrary to the laws of nations and to treaty, and the course pursued by her so incompatible with the existence of a regular independent government in these islands; if France should persist in such a course it will be the duty of the King to shield himself and his kingdom from insult and oppression by placing this kingdom under the protection of some friendly state; and that should such emergency be so urgent as not to admit of the legislative council being convened, it shall be left to His Majesty by and with the advice of his privy council, under such emergency, to consult the honor and safety of his kingdom, according to His Majesty's best judgment; and that whatever he may do will be binding upon the nation. Passed both houses of the legislature June 21, 1851. SIR: I received here three days ago your dispatch No. 28. While Gen. de la Hitte was minister of foreign affairs I had several conversations with him respecting the unhappy differences which had arisen between France and the Hawaiian Government. I availed myself of those occasions to represent to him the deep interest which the people and Government of the United States feel in the welfare and independence of the Hawaiian Islands, and their earnest desire to see the controversy then pending brought to an amicable conclusion, which should be consistent alike with the magnanimity of France and the claims of justice on both sides. Gen. de la Hitte always testified the best dispositions on the subject, and I had reason to think that he was far from approving in all things the conduct of the French agent in 1849. Since his retirement from the ministry there have been such frequent changes in the department of foreign affairs that I have had no suitable opportunity of recurring to the subject in the brief periods. of official intercourse with the successive ministers who have temporarily occupied the department; nor indeed did I suppose from all that has come to my knowledge that there was any serious danger of measures being pursued which might compromise the independence or overawe the freedom of action of the Hawaiian Government in regard to the matters in dispute. Since the receipt of your dispatch, I have felt it my duty to address a communication to the minister of foreign affairs, setting forth plainly and frankly, but in a tone not calculated to wound the pride or dignity of the French Government, the views of the Government of the United States as embodied in your dispatch, the deep interest it feels in the independence of the Sandwich Islands, and the danger that would consequently arise of an interruption of the good.understanding now happily existing between France and the United States, if measures should be pursued by her authority incompatible with a just respect of that independence. To give the full effect you desire to these representations, it seemed to me indispensable that they should be made in writing, for, besides the consideration that mere verbal communications never have the weight and importance that are attached to written ones, a strong additional reason is furnished by the changes of ministry which so frequently occur here for placing the views of the Government of the United States on record, where they will pass under the eyes of whatever ministers may successively be called to conduct the department of foreign affairs. A copy of the communication addressed to me by the minister of foreign affairs is herewith inclosed. I shall return to Paris in a few days, and if anything of importance should occur in my interview with the minister I will embrace the earliest opportunity to communicate it to you. I have the honor to be, etc., Mr. Webster to Mr. Severance. W. C. RIVES. No. 4.] LUTHER SEVERANCE, Esq.: DEPARTMENT OF STATE, SIR: Your confidential communications, Nos. 6, 7, 8, 9, 10, and 11, have been duly received, submitted to the President, and by him considered. They relate to a subject of great importance, not only to the Hawaiian Government and its citizens, but also to the United States. The Government of the United States was the first to acknowledge the national existence of the Hawaiian Government, and to treat with it as an independent state. Its example was soon followed by several of the Governments of Europe; and the United States, true to its treaty obligations, has in no case interfered with the Hawaiian Government for the purpose of opposing the course of its own independent conduct, or of dictating to it any particular line of policy. In acknowledging the independence of the islands, and of the Government established over them, it was not seeking to promote any peculiar object of its own What it did, and all that it did, was done openly in the face of day, in entire good faith, and known to all nations. It declared its real purpose to be to favor the establishment of a government at a very important point in the Pacific Ocean, which should be able to maintain such relations with the rest of the world, as are maintained between civilized states. From this purpose it has never swerved for a single moment, nor is it inclined, without the pressure of some necessity, to depart from it now, when events have occurred giving to the islands and to their intercourse with the United States a new aspect and increased import ance. This Government still desires to see the nationality of the Hawaiian Government maintained, its independent administration of public af fairs respected, and its prosperity and reputation increased. But while thus indisposed to exercise any sinister influence itself over the counsels of Hawaii, or to overawe the proceedings of its Government by the menace or the actual application of superior military force, it expects to see other powerful nations act in the same spirit. It is, therefore, with unfeigned regret that the President has read the correspondence and become acquainted with the circumstances occurring between the Hawaiian Government and M. Perrin, the commissioner of France at Honolulu. It is too plain to be denied or doubted that demands were made upon the Hawaiian Government by the French commissioner wholly inconsistent with its character as an independent state, demands which if submitted to in this case would be sure to be followed by other demands equally derogatory, not only from the same quarter, but probably also from other states, and this could only end in rendering the islands and their Government a prey to the stronger commercial nations of the world. It can not be expected that the Government of the United States could look on a course of things leading to such a result with indiffer ence. The Hawaiian Islands are ten times nearer to the United States than to any of the powers of Europe. Five-sixths of all their commercial intercourse is with the United States, and these considerations, together with others of a more general character, have fixed the course which the Government of the United States will pursue in regard to them. The annunciation of this policy will not surprise the governments of Europe, nor be thought to be unreasonable by the nations of the civilized world, and that policy is that while the Government of the United States, itself faithful to its original assurance, scrupulously regards the independence of the Hawaiian Islands, it can never consent to see those islands taken possession of by either of the great commercial powers of Europe, nor can it consent that demands, manifestly unjust and derogatory and inconsistent with a bona fide independence, shall be enforced against that Government. The substance of what is here said has already been intimated with sufficient explicitness to the Government of France, and we have the assurance of his excellency, M. Sartiges, minister of the Republic of France near the United States, that that Government has no purpose whatever of taking possession of the islands or of acting towards them in any hostile or aggressive spirit. A copy of this letter will be placed in the hands of the French minister here; another copy will be transmitted to Paris; and another copy you will please to communicate to M. Perrin, the French commissioner, upon the appearance of any disposition on his part or on the part of any French naval commander in the Pacific Ocean to proceed to hostilities against the Government of Hawaii for the purpose of enforcing the demands which have been made upon it on the part of France. The Navy Department will receive instructions to place, and to keep, the naval armament of the United States in the Pacific Ocean in such a state of strength and preparation as shall be requisite for the preservation of the honor and dignity of the United States and the safety of the Government of the Hawaiian Islands. SIR: I have written you a regular official dispatch, setting forth the principles of policy which will be pursued by the administration here in whatever respects the Government of the Hawaiian Islands. I now write you a letter of private instructions, made necessary by suggestions contained in your communications by Lieut. Johnson. In the first place, I have to say that the war-making power in this Government rests entirely with Congress, and that the President can authorize belligerent operations only in the cases expressly provided for by the Constitution and the laws. By these no power is given to the Executive to oppose an attack by one independent nation on the possessions of another. We are bound to regard both France and Hawaii as independent states, and equally independent; and though the general policy of the Government might lead it to take part with either in a controversy with the other, still, if this interference be an act of hostile force, it is not within the constitutional power of the President, and still less is it within the power of any subordinate agent of Government, civil or military. If the Serieuse had attacked Honolulu, and thereupon the Vandalia had fired upon the Serieuse, this last act would have been an act of violence against France not to be justified, and, in fact, if not disavowed at Washington it would have been an act of war. In these cases, where the power of Congress can not be exercised beforehand, all must be left to the redress which that body may subsequently authorize. This you will constantly bear in mind. But, at the same time, it is not necessary that you should enter into these explanations with the French commissioner or the French naval commander. In my official letter of this date I have spoken of what the United States would do in certain contingencies. But in thus speaking of the Government of the United States I do not mean the executive power, but the Government in its general aggregate, and especially that branch of the Government which possesses the war-making power. This distinction you will carefully observe, and you will neither direct, request, S. Ex. 77———7 or encourage any naval officer of the United States in committing hostilities on French vessels of war. Another leading topic in your communication is the proposed contingent surrender by the Government of the islands of their sovereignty to the United States or their annexation to this country. This is a very important question, and one which you will readily see rises above any functions with which you are charged. It may, indeed, be very proper for you in this case, as well as in all others, to communicate to your Government whatever the Government to which you are accredited desire to have so communicated; but it is very important. that on a question involving such deep interests, both domestic and foreign, you should yourself altogether forbear expressing any opinion whatever to the Hawaiian Government. You will see by my official letter, which you are at liberty to communicate to that Government, the disposition of the United States to maintain its independence; beyond that you will not proceed. The act of contingent or conditional surrender, which you mention in your letter as having been placed in your hands, you will please to return to the Hawaiian Government. In this case the Government of the United States acts upon principles of general policy; it will protect its own rights. It feels a deep interest in the preservation of Hawaiian independence, and all questions beyond this, should they arise, must be considered and settled here by the competent authorities. You inform us that many American citizens have gone to settle in the islands; if so, they have ceased to be American citizens. The Government of the United States must, of course, feel an interest in them not extended to foreigners, but by the law of nations they have no right further to demand the protection of this Government. Whatever aid or protection might under any circumstances be given them must be given, not as a matter of right on their part, but in consistency with the general policy and duty of the Government and its relations with friendly powers. You will therefore not encourage in them, nor indeed in any others, any idea or expectation that the islands will become annexed to the United States. All this, I repeat, will be judged of hereafter, as circumstances and events may require, by the Government at Washington. I do not suppose there is any immediate danger of any new menaces from France; still less of any actual attack on the islands by her naval armament. Nevertheless you will keep us constantly and accurately informed of whatever transpires. Your account of the prosperity of the islands and the fiscal condition of its Government is interesting, and you can be hardly too full and particular in such statements. Mr. Allen is at present quite unwell at Boston. As soon as he is able he will return to his post. Lieut. Johnson will take this dispatch to Panama. If Mr. Allen's illness should continue for any length of time, which we hope may not be the case, Lieut. Johnson will be directed to return without him. I have the honor, etc., DANIEL WEBSTER. |