William Miller to To R. C. Wyllie, March 28, 1856

Appendix.

Exhibit A.

[From appendix to report of minister of foreign relations to legislative assembly of 1856.]

Sir: Her Britannic Majesty’s Government having received a copy of a convention concluded on the 20th of July, 1855, between the Sandwich Islands and the United States, by which each party engages to admit into its territories, duty free, certain articles the produce of the territories of the other, I have been instructed by the Earl of Clarendon, Her Majesty’s secretary of state for foreign affairs, to address myself to the Hawaiian Government and to urge on them the following considerations, with a view to obtain for British commerce the same advantages which have been conceded to the United States by the beforementioned convention:

The fourth Article of the treaty between Great Britain and the Sandwich Islands of the 10th July, 1851, stipulates that no other or higher duties shall be charged on the importation into the Sandwich Islands of any article the growth, produce or manufacture of the British dominions than are or shall be payable on the like articles the growth, produce or manufacture of any other foreign country. If this were the only stipulation in the treaty bearing upon the subject, the claim of Great Britain to participate in the advantages conceded to the United States by the convention in question would be clear; but as the next preceding article of the treaty of 1851 contains a stipulation that any favor which either party may grant to a third country shall be extended to the other party on corresponding terms—that is, either gratuitously or for an equivalent compensation, as the case may be; and as the advantages conceded to the United States by the Sandwich Islands are expressly stated to be given in consideration of, and as an equivalent for, certain reciprocal concessions on the part of the United States, Great Britain cannot, as a matter of right, claim the same advantages for her trade under the strict letter of the treaty of 1851.

Unless, however, the convention between the Sandwich Islands and the United States was concluded with an unfriendly feeling towards Great Britain, which Her Majesty’s Government have no reason to suppose, it is probable that the Government of the Sandwich Islands will be willing to extend its benefits to Great Britain in consideration of the terms of Article IV of the treaty of 1851 and of the general liberality of the British commercial system. To such a participation Great Britain is in equity entitled, not only because it is not her practice to cut down the effect of an article such as Article IV of the treaty of 1851 by making special tariff bargains with foreign countries, but because she had already some years ago admitted duty free eleven out of the nineteen articles the produce of the Sandwich Islands enumerated in Article I of the convention with the United States, which the United States have now only consented to admit on the same terms, and the remaining eight the duties levied, except in the instance of sugar, are almost nominal.

The amount of trade between Great Britain and the Sandwich Islands at the present time is so small, that the question, so far as Great Britain is concerned, is one more of principle than practical value. Even, however, if that were the full extent of the question, exertion would be used to obtain the recognition of the principle for which Her Majesty’s Government contend.

But as regards Vancouver’s Island, the evils of such a partial arrangement as that contained in the convention will be very sensibly felt, inasmuch as the fish with which that island supplies the Sandwich Islands will hereafter be placed at a disadvantage of ten per cent. in comparison with American produce, and other articles will be similarly affected; and this notwithstanding Vancouver’s Island admits duty free the produce ordinarily imported from the Sandwich Islands. Trusting that the King and his cabinet will be pleased to take this important question into their early and favorable consideration,

I have the honor to be, sir, your most humble, obedient servant.