Template:404-405

-p404-

to such alterations and changes as Congress may from time to time enact. The grants of land for the promotion of education heretofore made by the Government of the King of the Hawaiian Islands, shall be confirmed by the United States, which, in addition thereto, shall grant and set apart, for the purposes of common schools, seminaries of learning, and universities, so much of the public lands and of the proceeds thereof, as may be equal, proportionally, to the grants for such purposes in any of the States of the Union.

ARTICLE VII.

The laws of the Hawaiian Kingdom, so far as they are compatible with republican institutions, and conformable to the Constitution of the United States, shall be and remain in full force and effect until modified, changed, or repealed by the legislative authority of the State contemplated by this treaty.

ARTICLE VIII.

In consideration of the cession made by this treaty, and in compensation to all who may suffer or incur loss consequent thereon, the United States shall pay the aggregate sum of $300,000 as annuities, to the King, the Queen, the Crown Prince, those standing next in succession to the throne, the chiefs, and all other persons whom the King may wish to compensate or reward, to be apportioned as may be determined by His Majesty, the King, and his Privy Council of State, which amounts, to be apportioned as aforesaid, shall be paid ratably, without deduction or offset on any ground or in any shape whatever, to the parties severally named in such apportionment, at Honolulu on the 1st day of July of each successive year so long as they may live. It is, however, expressly agreed upon, that on the demise of his present majesty, the annuity of the immediate heir to the throne shall then be increased to the same amount before allowed and paid to the King himself.

As a further consideration for the cession herein made and in order to place within the reach of the inhabitants of the Hawaiian Islands the means of education, present and future, so as to enable them the more perfectly to enjoy and discharge the rights and duties consequent upon a change from monarchical to republican institutions, the United States agrees to set apart and pay over for the term of ten years the sum of $75,000 per annum, one-third of which shall be applied to constitute the principal of a fund for the benefit of a college or university, or colleges or universities, as the case may be, and the balance for the support of common schools, to be invested, secured, or applied as may be determined by the legislative authority of the Hawaiian Islands when admitted as a state into the Union as aforesaid.

ARTICLE IX.

Immediately after the exchange of the ratifications of this treaty the President of the United States shall appoint a commissioner who shall receive in due form, in the name of the United States, the transfer of the sovereignty and territories of the Hawaiian Islands, also all public property, archives, and other things hereinbefore stipulated to be conveyed, and who shall exercise all executive authority in said islands necessary to the preservation of peace and order and to the proper

-p405-

execution of the laws until the state contemplated in this treaty can be duly organized and admitted as such state; and until the arrival of such commissioner all departments of His Majesty's Government shall continue as now constituted.

ARTICLE X.

This treaty shall be ratified by the respective high contracting parties and the ratifications exchanged at the city of Honolulu within eight months from the date hereof, or sooner if possible; but it is agreed that this period may be extended by mutual consent of the two parties.

In witness whereof we, the undersigned, plenipotentiaries of His Majesty the King of the Hawaiian Islands and of the United States of America, have signed three originals of this treaty of annexation in Hawaiian and three in English, and have thereunto affixed our respective official seals.

Done at Honolulu, this ---- day of ----, in the year of our Lord one thousand eight hundred and fifty-four.

SEPARATE AND SECRET ARTICLE.

Whereas it is desirable to guard against the exigencies declared in the preamble to the foregoing treaty, and to secure the King of the Hawaiian Islands, his chiefs and all who reside under his jurisdiction, from the dangers therein referred to and expressed, it is hereby provided and expressly agreed that at any time before the final exchange of the ratifications of said treaty, if the same shall be duly ratified on the part of His Majesty the King, and satisfactory notice thereof given to the commissioner of the United States, it shall be competent for His Majesty, by proclamation, to declare his islands annexed to the American Union, subject to the provisions of such treaty as negotiated, and the commissioners of the United States for the time being shall receive and accept the transfer of the jurisdiction of the said islands, in the name of the United States, and protect and defend them by the armed forces of the United States as a part of the American Union, holding the same for and in behalf of his Government, and exercising the jurisdiction provided for in said treaty, with the understanding, however, that in case the said treaty is not finally ratified, or other arrangement made, by the free consent and to the mutual satisfaction of the contracting parties, the sovereignty of the islands shall immediately revert, without prejudice, to His Majesty, or his immediate heirs in the same condition as before the transfer thereof; and it is further understood and agreed that this article shall be as binding for all the ends and purposes herein expressed as if it formed a part of the foregoing treaty.

IV. ALSO THE FOLLOWING INSTRUCTIONS FROM HON. W. L. MARCY, SECRETARY OF WAR, TO MAJ. GEN. WINFIELD SCOTT, COMMANDING THE ARMY OF THE UNITED STATES IN MEXICO.

WAR DEPARTMENT,
Washington, D. C, January 18, 1894.

SIR: As requested in your letter of the 13th instant, I have the honor to transmit herewith a copy of a confidential letter, dated April 14,1847, addressed by the Secretary of War to Maj. Gen. Winfield