'should be, and I do not doubt will be, not only | necessary; and the minister, without explicit injust to the natives and all other residents and structions, was expected and constrained to use citizens of the islands, but should be character- his best judgment, in accordance with fundaized by great liberality and a high regard to the mental precedent, as the emergency should rights of all the people and of all foreigners arise. domiciled there. The correspondence which accompanies the treaty will put the Senate in possession of all the facts known to the Executive. BENJ. HARRISON. EXECUTIVE MANSION, Report of Secretary of State Foster. The I'RESIDENT: The change was in fact abrupt and unlookedfor by the United States minister or the naval commander. At a moment of apparent tranquility, when the political excitement and con troversy of the immediately preceding three months had been to all appearances definitely allayed, and when, as appears from dispatches from the minister and from the commanding officer of the Boston, a settlement of differences seemed to have been reached, Minister Stevens quitted the capital for a brief excursion of ten days to a neighboring island, on the Boston, the only naval vessel of the United States at the islands. On returning to Honolulu on January 14. the crisis was found to be in full vigor and to have already reached proportions which made inevitable either the success of Queen Liliuokalani's attempt to subvert the constitution by force or the downfall of the monarchy. The undersigned, Secretary of State, has the honor to lay before the President, with a view to obtaining the advice and consent of the Senate thereto, should such a course be in the judgment of the President for the public interest, a treaty, signed at Washington on the 14th day of February, instant, by the undersigned, by the accredited commissioners of the existing provisional government of the Hawaiian Islands, in repre- On Saturday, the 14th of January, the capital sentation of their respective Governments, for was wholly controlled by the royal troops, inthe full and absolute cession of the said islands cluding a large additional force of over 500 and all their dependencies to the United States armed men not authorized by Hawaiian law. forever, with provision for the temporary gov-On the same day the first call to arms in opposiernment of those islands, under the sovereigntion to the Queen was issued, and the citizens' authority of the United States, until Congress shall otherwise enact. With this treaty the undersigned submits to the President copies of the correspondence re cently exchanged, showing the course of events in the Hawaiian Islands as respects the overthrow of the late monarchical form of government, the creation of a provisional government thereof in the name of the Hawaiian people, the recognition of the same by the representatives there of the United States and of all other powers, the dispatch of a commission to this capital to negotiate for a union of the Government of the Hawaiian Islands with the Government of the United States, and the outcome of those negotiations in the treaty herewith submitted. committee of safety was developed. During the 14th, 15th, and most of the 16th, the two parties confronted each other in angry hostility, with every indication of an armed conflict at any moment. It was not until late in the afternoon of Monday, the 16th, after request for protection had been made by many citizens of the United States residing in Honolulu, that a force of marines was landed from the Boston, by direction of the minister, and in conformity with the standing instructions which for many years have authorized the naval forces of the United States to co-operate with the minister for the protection of the lives and property of American citizens in case of imminent disorder. The marines, when landed, took no part whatever toward influencing the course of events. Their presence The change of government in the Hawaiian was wholly precautionary, and only such dispoIslands, thus chronicled, was entirely unex-sition was made of them as was calculated to pected so far as this Government was concerned. subserve the particular end in view. It is true that for some months past the Hawaiian distributed that night between the legation and press and the advices received from the diplo- the consulate, where they occupied inner courts matic and consular representatives at Honolulu and a private hall rented for their accommodaindicated political uncertainty, party intrigues, tion. Beyond a sentry at the door of each post, and legislative opposition, but not more so than and the occasional appearance of an officer at many times in the past history of the islands, passing from one post to another, no demonstraand certainly not suggestive of an overthrow of tion whatever was made by the landed forces, the monarchy through popular resistance to the nor was the uniform of the United States visible unconstitutional acts of the late sovereign. At upon the streets. They thus remained, isolated no time had Mr. Stevens been instructed with and inconspicuous, until after the success of the regard to his course in the event of a revolu- Provisional Government and the organization of tionary uprising. The well-established policy an adequate protective force thereunder. of this Government, maintained on many occasions from its earliest establishment, to hold relations with any de facto government in possession of the effective power of the State and having the acquiescence of the governed, being ample to meet unforeseen contingencies, no instructions in this specific sense were indeed They were At the time the Provisional Government took possession of the Government buildings, no troops or officers of the United States were present or took any part whatever in the proceedings. No public recognition was accorded to the Provisional Government by the United States minister until after the Queen's abdication and when they were in effective possession of | events leading up to and connected with the the Government buildings, the archives, the overthrow of the monarchy and the establishtreasury, the barracks, the police station, and all ment of the Provisional Government. At a the potential machinery of the Government. second conference on the same day the commissioners, submitted to the undersigned the proposition of the Provisional Government, containing the terms upon which that Government desired the annexation of the Hawaiian Islands to the United States. A copy of this proposition is inclosed. Frequent conferences have since been held at the Department of State, and all questions connected with the subject have been carefully examined and discussed, until a concurrence of views on the part of the negotiating parties was reached on the 14th instant. Then, and not until then, when the Provisional Government had obtained full de facto control, was the new order of things recognized by the United States minister, whose formal letter of recognition was promptly followed by like action on the part of the representatives of all foreign governments resident on the Hawaiian Islands. There is not the slightest indication at any time prior to such formal recognition in full accord with the long-established rule and invariable precedents of this Government, did the United States minister take any part in promoting the change, either by intimidating the Queen or by giving assurance of support to the organizers of the Provisional Government. The immediate cause of the change is clearly seen to have been the unconstitutional and in temperate acts of the Queen herself, in attempting to coerce her responsible ministers and to annul the existing constitution and replace it arbitrarily by another of her own choice. The Provisional Government of the Hawaiian Islands is, by all usual and proper tests, in the sole and supreme possession of power and in control of all the resources of the Hawaiian nation, not only through the Queen's formal submission, but through its possession of all the armed forces, arms and ammunitions, public offices, and administration of law, unopposed by any adherents of the late Government. On the first instant, subsequently to the departure of the Hawaiian special commissioners, the United States minister at Honolulu, at the request of the Provisional Government, placed the Hawaiian Government under the protection of the United States to insure the security of life and property during the pending negotiations at Washington and without interfering with the administration of public affairs by the said Government. An instruction has been sent to the minister, commending his action in so far as it lay within the purview of standing instructions to the legation and to the naval commanders of the United States in Hawaiian waters, and tended to co-operate with the administration of affairs by the Provisional Government, but disavowing any steps in excess of such instructions whereby the authority and power of the United States might appear to have been asserted to the impairment of the independent sovereignty of the Hawaiian Government by the assumption of a formal protectorate. In this condition of things, the five commissioners named by the Provisional Government of the Hawaiian Islands reached Washington on the 3d instant, bearing authentic letters from the Hawaiian Government accrediting them to the President, and conferring upon them full powers to negotiate for the union of the Hawaiian Islands to the United States. On the 4th instant the commissioners were accorded an interview with the undersigned, at the request of the regularly accredited Hawaiian minister, Mr. J. Mott Smith, and submitted their credentials, accompanied by a statement of In drafting and agreeing upon the treaty now transmitted, the undersigned has sought, under your direction, to effect thereby the annexation of the Hawaiian Islands to the United States with as few conditions as possible and with a full reservation to Congress of its legislative prerogatives. An examination of the provisions of this treaty will show that to Congress is reserved the determination of all questions affecting the form of government of the annexed territory, the citizenship and elective franchise of its inhabitants, the manner and terms under which the revenue and navigation laws of the United States are to be extended thereto, and all other questions relating to the economic and political status of the islands. As there is no provision in the existing legislation of Congress whereby the Executive power can provide an organized form of government for new territory annexea to the Union, or extend over it the laws of the United States and cause the same to be executed, it was deemed necessary to continue the existing government and laws of the Hawaiian Islands until Congress should have an opportunity to legislate on the subject; but a provision has been inserted in the treaty for the exercise by the Executive of the United States of a veto power upon the acts of that government during the interregnum. The temporary maintenance of the existing political institutions of the islands seems the more appropriate in view of the fact that the Hawaiian constitution, of which a copy is enclosed herewith, and the Hawaiian laws are based upon principles similar to those contained in our own organic law and the principles of the common law. It is to be noted that, according to a recognized principle of international law, the obligations of treaties, even when some of their stipulations are in terms perpetual, expire in case either of the contracting parties loses its existence as an independent state. The foreign treaties of the Hawaiian Islands therefore terminate, upon annexation, with the competence of the government thereof to hold diplomatic relations. An examination of these treaties shows, however, that they contain no stipulations which would embarrass either the Hawaiian Islands or the United States by their termination. Accompanying the treaty are tables giving full details as to the area of the territory annexed, the public debt, the public lands, the annual allowances to and revenue of the late royal household, and statistics as to the population, | said Hawaiian Islands and every island and revenues, commerce, and other economic matters relating to the islands. key thereunto appertaining and each and every portion thereof shall become and be an integral part of the territory of the United States. ARTICLE II. It is gratifying to be able to state that pending the negotiations leading up to the treaty herewith submitted, the undersigned has received such assurances from the representatives of the leading powers of the world and from our own ministers abroad as lead to the conviction that the incorporation of the Hawaiian Islands into our Union will be regarded by these powersports, harbors, fortifications, military or naval with satisfaction or ready acquiescence. Respectfully submitted, JOHN W. FOSTER. DEPARTMENT of State, Copy of Proposed Treaty. The Government of the Hawaiian Islands also cedes and transfers to the United States the absolute fee and ownership of all public, government or crown lands, public buildings or edifices, 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 Pro-laws for their management and disposition: Provided, that ail 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 to 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. The United States of America and the visional Government of the Hawaiian Islands, in view of the natural dependence of those Islands upon the United States, of their geographical proximity thereto, of the intimate part taken by citizens of the United States in there implanting the seeds of Christian civilization, of the long continuance of their exclusive reciprocal commercial relations whereby their mutual interests have been developed, and the preponderant and paramount share thus acquired by the United States and their citizens in the productions, industries and trade of the said Islands, and especially in view of the desire expressed by the said Government of the Hawaiian Islands, that those Islands shall be incorporated into the United States as an integral part thereof and under their sovereignty, in order to provide for and assure the security and prosperity of the said Islands, the High Contracting Parties 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 power and authority upon their respectively appointed Plenipotentiaries, to wit: The President of the United States of America, John W. Foster, Secretary of State of the United States; and The President of the Executive and Advisory Councils of the Provisional Government of the Hawaiian Islands, Lorrin A. Thurston, William R. Castle, William C. Wilder, Charles L. Carter, and Joseph Marsden; And the said Plenipotentiaries, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles : ARTICLE I. The Government of the Hawaiian Islands hereby cedes, from the date of the exchange of the ratifications of this Treaty, absolutely and without reserve to the United States forever all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, renouncing in favor of the United States every sovereign right of which as an independent nation it is now possessed; and henceforth ARTICLE III. Until Congress shall otherwise provide, the existing Government and laws of the Hawaiian Islands are hereby continued, subject to the paramount authority of the United States. The President, by and with the advice and consent of the Senate, shall appoint a Commissioner to reside in said Islands, who shall have the power to veto any act of said Government, and an act disapproved by him shall thereupon be void and of no effect unless approved by the President. Congress shall, within one year from the exchange of the ratifications of this Treaty, enact the necessary legislation to extend to the Hawaiian Islands the laws of the United States respecting duties upon imports, the internal revenue, commerce and navigation; but until Congress shall otherwise provide, the existing commercial relations of the Hawaiian Islands, both with the United States and foreign countries shall continue as regards the commerce of said Islands with the rest of the United States and with foreign countries, but this shall not be construed as giving to said Islands the power to enter into any new stipulation or agreement whatsoever, or to have diplomatic intercourse with any foreign Government. The Consular representatives of foreign powers now resident in the Hawaiian Islands shall be permitted to continue in the exercise of their consular functions until they can receive their exequaturs from the Government of the United States. ARTICLE IV. The further immigration of Chinese laborers into the Hawaiian Islands is hereby prohibited until Congress shall otherwise provide. Furthermore, Chinese persons of the classes now or hereafter excluded by law from entering the United States will not be permitted to come from the Hawaiian Islands to other parts of the United States, and if.so coming shall be subject | Events which Led Up to the Raising of to the same penalties as if entering from a foreign country. ARTICLE V. The public debt of the Hawaiian Islands, lawfully existing at the date of the exchange ot the ratifications of this Treaty, including the amounts due to depositors in the Hawaiian Postal Savings Banks, 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 three and one quarter millions of 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 VI. The Government of the United States agrees to pay to Liliuokalani, the late Queen, within one year from the date of the exchange of the ratifications of this Treaty, the sum of twenty thousand dollars, and annually thereafter a like sum of twenty thousand dollars during the term of her natural life, provided she in good faith submits to the authority of the Government of the United States and the local Government of the Islands. And the Government of the United States further agrees to pay to the Princess Kaiulani the Flag of the United States at The Provisional Government was formed on Tuesday, the 17th of January, 1893. On Monday, the 16th of January, a mass meeting of citizens was called at Honolulu, in view of the apprehension of the purpose of Queen Liliuokalani to proclaim a "revolutionary constitution." A Committee of Public Safety was created "to meet the emergency and to pre vent anarchy and riot." That committee called for aid on the U. S. Minister, Hon. John L. Stevens, who promptly addressed this order to Capt. G. C. Wiltse, Commander of the U. S. S. Boston: UNITED STATES LEGATION, HONOLULU, January 16, 1893. Sir: In view of the existing critical circumlegal force, I request you to land marines and stances in Honolulu, including an inadequate sailors from the ship under your command for United States consulate, and to the protection of the United States legation and secure the safety of American life and property. Very JOHN L. STEVENS, truly yours, Envoy Extraordinary and Minister Pienipotentiary of the United States. Capt. G. C. WILTSE, Commander U. S. S. Boston. within one year from the date of the exchange Capt. Wiltse to the Secretary of the Navy. of the ratifications of this treaty, the gross sum of one hundred and fifty thousand dollars, provided she in good faith submits to the authority of the Government of the United States and the local Government of the Islands. ARTICLE VII. The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and by the Provisional Government of the Hawaiian Islands on the other, and the ratifications thereof shall be exchanged at Honolulu as soon as possible. Such exchange shall be made on the part of the United States by the Commissioner herein before provided for, and it shall operate as a complete and final conveyance to the United States of all the rights of sovereignty and property herein ceded to them. Within one month after such exchange of ratifications, the Provisional Government shall furnish said Commis sioner with a full and complete schedule of all the public property herein ceded and transferred. In witness whereof the respective Plenipotentiaries have signed the above articles and have hereunto affixed their seals. U. S. S. BOSTON (SECOND RATE), Sir: I have the honor to make the following report concerning the condition of political affairs in the Hawaiian Islands: As stated in my communication of January 4, 1893, the Boston sailed from this port for Hilo, Hawaii, with the United States Minister on board. During the absence of the ship from this port, on January 12, the Cabinet was voted out of office by a vote of 25 to 16. And the Cabinet was appointed on January 14. On the morning of January 14. the Boston arrived in this port from Lahina, Maui, and came to anchor. At noon on the same day the Legislature was prorogued by the Queen, and it was rumored that the Queen intended proclaiming a new constitution. This however was not done. On Monday, January 16, there was a large and enthusiastic mass meeting composed of the representative men of Honolulu, held in the largest hall in the city, at 2 p. m. On the same day I received from the United States Minister a request to land the sailors and Done in duplicate at the city of Washington | this fourteenth day of February, one thousand marines of the Boston to protect the United eight hundred and ninety-three. JOHN W. FOSTER. [SEAL] LORRIN A. THURSTON. WILLIAM R. CASTLE. SEAL SEAL States legation, consulate, and the lives and property of American citizens. At 4:30 p. m., January 16, I landed the ship's battalion under the command of Lieut.-Commander William T. Swinburne. One detachment of marines was placed at the [SEAL] legation and one at the consulate, while the G. C. WILTSE, Reply of Mr. Minister Stevens. A Provisional Government having been duly constituted in the piace of the recent Government of Queen Liliuokalani, and said Provisional Government being in full possession of the Government building, the archives, and the treasury, and in control of the capital of the Hawaiian Islands, I hereby recognize said Provisional Government as the de facto Government of the Hawaiian Islands. JOHN L. STEVENS, Envoy Extraordinary and Minister Plenipotentiary of the United States. His President Dole to Minister Stevens. Honolulu, January 17, 1893. Excellency JOHN L. Stevens, United States Minister Resident: Sir: I acknowledge the receipt of your valued communication of this day, recognizing Captain, U. S. Navy, Commanding U. S. S. the Hawaiian Provisional Government, and exBoston. Hon. SECRETARY OF THE NAVY, Navy Department, Washington, D. C. Request of the Provisional Government for Recognition. HONOLULU, HAWAIIAN ISLANDS, January 17, 1893. Sir: The undersigned, members of the executive and advisory councils of the Provisional Government this day established in Hawaii, hereby state to you that for the reasons set forth in the proclamation this day issued, a copy of which is herewith inclosed for your consideration, the Hawaiiar monarchy has been abrogated and a Provisional Government established in accordance with the said above-mentioned proclamation. Such Provisional Government has been proclaimed, is now in possession of the Government departmental buildings, the archives, and the treasury, and is in control of the city. We hereby request that you will, on behalf of the United States of America, recognize it as the existing de facto Government of the Hawaiian Islands, and afford to it the moral support of your Government, and, if necessary, the support of American troops to assist in preserving the public peace. We have the honor to remain your obedient servants, SANFORD B. DOLE, J. A. MCCANDLESS, His Excellency JOHN L. STEVENS, press deep appreciation of the same. We have conferred with the ministers of the late government and have made demand upon the marshal to surrender the station-house. We are not actually yet in possession of the stationhouse, but as night is approaching and our forces be insufficient to maintain order, we request the immediate support of the United States forces, and would request that the commander of the United States forces take command of our military forces so thai they may act together for the protection of the city. may Respectfully, etc., SANFORD B. DOLE, Chairman Executive Council. (Note of Mr. Stevens at the end of the above communication: "The above request not complied with.-Stevens.") Answer of the Queen's Late Government. The Provisional Government sent for the late ministers, who were at the police station. Two of them came, and finally all four repaired to the headquarters of the new government, where formal demand was made upon them for the possession of the police station. The ex-ministers asked for time to deliberate upon this demand. They went to the palace in company with Hon. Samuel M. Damon, and held a consultation with Liliuokalani. The result was a compromise proposition, which. was rejected by the Provisional Government. After further consultation the following protest was noted: I, Liliuokalani, by the grace of God and under the constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom. That I yield to the superior force of the |
