Tenterden to By the King: Henry A. P. Carter, December 28, 1877
Letter of Lord Tenterden to Mr. Carter.
Sir: The draft of declaraion inclosed in your letter of the 17th instant has been carefully considered. The stipulations in limitation of provisions for most-favored nation treatment proposed in that draft do not, however, correspond with the terms of the third paragraph of the declaration with Roumania of the 30th of November, 1876; that paragraph refers only to matters affecting border districts, which from time immemorial have been treated as exceptional in the relations of European powers with Turkey. It does not, as your proposal is understood to do, apply to such international arrangements as reciprocity treaties. Your present proposal, if rightly understood to apply to reciprocity treaties, is, in effect, the same as the method of dealing with the question which you previously suggested and which Her Majesty’s Government regret they cannot entertain. For in dealing with this question, Her Majesty’s Government have to consider the proposed declaration not only as regards the relation between Great Britain and the Hawaiian Islands, but likewise in its bearings upon the commercial relations and engagements of this country with foreign states generally.
On general grounds, therefore, Her Majesty’s Government are unable to accept a declaration in these terms. Lord Derby has stated to you verbally, and in a formal manuer in his lordship’s note of the 25th of October, the friendly sentiments of Her Majesty’s Government towards Hawaii. They are willing, as you have been informed, to accept fully any statements which you have made in regard to the reciprocity treaty with the United States, and they have no wish that those friendly sentiments should be affected by that treaty. But apart from the treaty there are two matters with regard to which Her Majesty’s Government may have ground for complaint—namely, first, the recent augmentation of duties, if it is maintained, upon goods the produce or manufacture of the United Kingdom; and, secondly, the unnecessary denunciation of Articles V and VI of the treaty of the 10th July, 1851, when the only point in discussion is the first paragraph of Article IV. Her Majesty’s Government are willing to accept your assurances that the Hawaiian Government will propose to the legislature the repeal of those augmentations.
As regards the second matter to which I have adverted, I would mention that Her Majesty’s Government have hitherto, in the hope of satisfactory arrangement being come to, refrained from making any public announcement of the denunciation by the Hawaiian Government of Articles IV, V, and VI of the treaty of 1851. In the present position of affairs this announcement cannot be longer delayed, and I would suggest for your consideration whether, in order to lessen its effect, you would withdraw the denunciation of Articles V and VI, which, if I rightly understood your verbal explanation, the Hawaiian Government do not really wish to terminate. As the purpose for which we entered into private communication does not seem likely to be accomplished, I would suggest that your further letters should be addressed to Lord Derby.
I have the honor to be, sir, your most obedient, humble servant,