405-407

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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to the Constitution of the United States, shall be and remain in full force and effect until modified, changed, or repealed by the legislative authority of the State contemplated by this treaty.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

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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

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Scott, commanding U. S. Army in Mexico, and advising him that Nicholas P. Trist, esq., has been commissioned by the President of the United States to proceed to the headquarters of the Army in Mexico, or to the naval squadron, for the purpose of receiving any proposal which the enemy may make for peace with the United States, and informing Maj. Gen. Scott as to the diplomatic powers with which Mr. Trist is clothed under his instructions.

Attention is invited to House Ex. Doc. No. 56, Thirtieth Congress, first session, " Correspondence between the Secretary of War and Generals Scott and Taylor, and between Gen. Scott and Mr. Trist," which contains all the information in possession of this Department on the subject.

Very respectfully, Daniel S. Lamont,
Secretary of War.

Hon. John T. Morgan,
Chairman Committee on Foreign Affairs, U. S. Senate.

[Confidential.]

War Department,
Washington, April 14,1847.

Maj. Gen. Winfield Scott
Commanding the Army of the United States, Mexico:

Sir: The signal successes which have attended our military operations since the commencement of the present war would seem to justify the expectation that Mexico will be disposed to offer fair terms of accommodation. With a view to a result so desirable, the President has commissioned Nicholas P. Trist, esquire, of the State Department, to proceed to your headquarters, or to the squadron, as to him may seem most convenient, and be in readiness to receive any proposal which the enemy may see fit to make for the restoration of peace.

Mr. Trist is clothed with such diplomatic powers as will authorize him to enter into arrangements with the Government of Mexico for the suspension of hostilities. Should he make known to you, in writing, that the contingency has occurred in consequence of which the President is willing that further active military operations should cease, you will regard such notice as a direction from the President to suspend them until further orders from this Department, unless continued or recommenced by the enemy; but, in so doing, you will not retire from any place you may occupy, or abstain from any change of position which you may deem necessary to the health or safety of the troops under your command, unless, on consultation with Mr. Trist, a change in the position of your forces should be deemed necessary to the success of the negotiation for peace. Until hostilities, as herein proposed, shall be intermitted, you will continue to carry on your operations with energy, and push your advantages as far as your means will enable you to do.

Mr. Trist is also the bearer of a dispatch to the Secretary of Foreign Affairs of the Government of Mexico, in reply to one addressed to the Secretary of State here. You will transmit that dispatch to the commander of the Mexican forces, with a request that it may be laid before his Government, at the same time giving information that Mr. Trist an officer from our Department for Foreign Aftairs, next in rank to its

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chief, is at your headquarters, or on board the squadron, as the case may be.

You will afford Mr. Trist all the accommodation and facilities in your power to enable him to accomplish the objects of his mission.

Very respectfully, your obedient servant,

W.L. Marcy,
Secretary of War.

P. S.—Should a suspension of hostilities take place, you will lose no time in communicating the fact to Maj. Gen. Taylor.

V. Also the following treaty of reciprocity between the united states and hawaii, dated and signed the 20th of july. 1855, but which was not ratified by the senate.

[Confidential. Executive, No. 7. Special session.]

TREATY BETWEEN THE UNITED STATES AND HIS MAJESTY THE KING OF THE HAWAIIAN ISLANDS.

March 9, 1857, on motion by Mr. Mason, referred to the Committee on Foreign Relations, and ordered to be printed in confidence for the use of the Senate.

The United States of America and His Majesty the King of the Hawaiian Islands, equally animated by the desire to strengthen and perpetuate the friendly relations which have heretofore uniformly existed between them, and to consolidate their commercial intercourse, have resolved to enter into a convention for commercial reciprocity. For this purpose the President of the United States of America has conferred full powers on William L. Marcy, Secretary of State, and His Majesty the King of the Hawaiian Islands has conferred like powers on the honorable William Little Lee, chancellor and chief justice of the supreme court of those islands, a member of his Hawaiian Majesty's privy council of state and cabinet, president of the board of land commissioners, and His Majesty's envoy extraordinary and minister plenipotentiary to the United States of America.

And the said plenipotentiaries, after having exchanged their full powers, which were found to be in due form, have agreed to the following articles:

Article I.

For and in consideration of the rights and privileges granted by His Majesty the King of the Hawaiian Islands in the next succeeding article of this convention, and as an equivalent therefor, the United States of America hereby agree to admit all the articles named in the following schedule, the same being the growth or produce of the Hawaiian Islands, into all the ports of the United States of America free of duty:

Schedule.

Muscovado, brown, clayed, and all other unrefined sugars.
Sirups of sugar; molasses.
Coffee; arrowroot.
Live stock and animals of all kinds.
Cotton, unmanufactured.
Seeds, and vegetables not preserved
Undried fruits not preserved.