De Varigny to To J. H. Wodehouse , Her Britannic Majesty’s Commissioner, April 18, 1867

French treaty, 8th September, 1858.

article xxv.

It is formally agreed between the two contracting parties that, besides the preceding stipulations, the diplomatic and consular agents, the subjects of every class, the ships, the cargoes, and the merchandise of either of the two states shall enjoy in full right in the other the franchises, privileges, and immunities of every kind granted to or which may be hereafter granted in favor of the most favored nation; and this gratuitously if the concession be gratuitous, or with the same compensation if the concession be conditional.

It is specially stipulated that the postal arrangements concluded in Honolulu on the 24th of November, 1853, and which regulate the exchange of correspondence between the Society Islands and the Hawaiian Archipelago, and reciprocally, shall be maintained; and that the two contracting parties reserve to themselves only the right of modifying the details thereof, in the proportion and measure that hereafter necessity may point out.

My Dear Sir: In conformity with your request, I transmit to you a résumé of the conversation we had at my office on the 15th instant. In answer to your inquiry as to the objects of the mission of the minister of finance in the United States, I stated to you that he was instructed to propose to negotiate a special reciprocity convention on the basis of that agreed upon in 1855 between the Hawaiian and American plenipotentiaries in Washington, but subsequently rejected by Congress.

I added that should any objection be made to treat on that basis, in view of our increased production of sugar, His Majesty’s plenipotentiary was instructed to negotiate on the basis of a reduced rate of duties, and to give up other Hawaiian produce if necessary, saving and excepting sugar.

In regard to the denunciation of our treaty with the United States for the purpose of striking out the 7th article, you remarked to me that that clause being inserted in our treaties with England Sweden, and Norway, our present action in Washington implied a similar one in London and Stockholm, to which I assented, stating that such were our intentions and that I would at no distant day so notify you officially.

In answer to your question how far the conclusion of a special reciprocity convention with the United States would affect the importation of articles of British manufacture, and how far in my opinion the parity clause applied to such a convention, I replied that an answer to the first part of the question could not be given until we knew exactly ourselves what the United States Government would claim in exchange for the admission of our produce, either free of duties or at a reduced rate, but that the convention, if agreed upon in Washington, had to receive the ratification of the King and would have to be discussed in the Legislative Assembly, since by the twenty-ninth article of our constitution treaties involving changes in the tariff have to be referred for approval to the said Legislative Assembly, as to the effect of the parity clause, I stated to you that I understood it to secure to Great Britain the right of claiming the same advantages given in such a case to the United States on her conceding the same compensation, but not otherwise. The rest of our conversation does not appear to me to come within the scope of this memorandum; should, however, my memory be at fault, and should any omission of importance occur to you, be pleased to point it out to me, and I will be happy to repair it.

Believe me, my dear sir, very sincerely, yours,