Images of Old Hawaiʻi

by Peter T Young Leave a Comment

Dealing with Outcasts, Desperadoes and Debt

A February 4, 1845 report by US Naval Captain Thomas ap Catesby Jones (and accompanying documents) to the US House of Representatives tells us a lot about the situation in the Islands in the early stages of whaling in the Pacific.

This involves petitions from ship owners, business people and others in the community to Presidents James Monroe and John Quincy Adams and resulted in Captain Jones being sent to the Islands to help make things right.

Several merchants and others engaged in whaling wrote to President Monroe saying, “They are fully persuaded that a naval force, properly distributed there, will have a powerful tendency to prevent such fatal occurrences, by deterring from acts of violence the unprincipled, who are inseparably connected with such a multitude of men as are required to navigate their ships.”

“These, which have till within a short time been confined to a small portion of the Pacific, now traverse the greater part of that ocean, which has increased the danger of which they complain to a very considerable degree.”

“Hence, they feel the necessity of a naval force stationed there, that shall visit the remote parts of it, and occasionally touch at those islands to which their ships resort for refreshments, &c. …”

New Bedford wrote the President Adams, “in prosecuting whaling voyages into the most distant parts of the Pacific ocean, it becomes necessary for ships so employed to touch at islands in that ocean for purposes of supplies and refreshment …”

“that the Sandwich islands, as affording convenient opportunities for this purpose, have of late years being very generally resorted to; that very nearly one hundred American whaling ships may be estimated to visit Oahu (a port in the Sandwich islands) in the course of every year, and it is not unfrequent that over thirty American whalemen are lying at that portal one time …”

“Experience has shown that, since the introduction of foreign habits and foreign vices among those distant islanders, their characters have undergone an essential depreciation: the purity of intent which characterizes man in his state of natural simplicity, is now scarcely to be traced among them …”

“outcasts and desperadoes have mingled with them, carrying into their habitations the seeds of iniquity, inciting among them a spirit of evil, and diffusing a skill in the purposes of vice, at once to be deplored and dreaded.”

“Upon a population thus prepared for acts of violence and outrage, the mere influence of a pacific habit cannot be safely trusted to as a restraining motive. The distance, also, at which these people (thus attempered to evil design) are placed from the effective operation of civil power, is a circumstance truly calculated to inspire apprehension and alarm.”

A subsequent petition to President Adams noted that “there were over one hundred and fifty seamen (principally deserters from the whale ships) prowling about the country, naked and destitute … their number was constantly increasing, and serious apprehensions existed that necessity would induce those lawless deserters to commit some act of a piratical nature.” (Petitions to John Quincy Adams)

Mr. Bayly, from the US House Committee on Foreign Affairs, made the following remarks, “It appears, from memorials presented to Presidents Monroe and Adams by a large number of merchants and others, residents of Nantucket, engaged in the whale-fishery, that in 1824 and 1825 mutinies were taking place on board of American vessels …”

“and desertions of their crews, who took refuge in the Sandwich islands; which place, it was feared, would become, unless our government interfered, ‘a nest of pirates and murderers;’ and the government was asked to send a national vessel to apprehend the offenders, and to look generally after American commerce in the South Seas.”

In addition, there were debts due to our citizens by the people and government of the Sandwich islands … over $500,000 due by the late king Tamahamaha, of the Sandwich islands, to sundry citizens of the United States; (which debt the successors of Tamahamaha had refused to recognize)”.

“Captain Jones, upon his arrival at the Sandwich islands, found great obstacles to the success of his mission. The natives were a semi-barbarous people, just emerging from heathenism …”

“there were in the islands a great many lawless foreigners, long familiarized to living without the restraint of law, who insidiously opposed every effort to introduce law and order, and everything was in a state of great disorder and confusion.”

“In addition to this, the English government had contrived to possess itself of a very large share of the confidence of those islanders. … The influence thus acquired was not all which the British agents interposed to prevent Captain Jones’s success …”

“but the English consul general, residing at Oahu, in 1826, openly claimed for his king the right of sovereignty over those islands; and, in Captain Jones’s presence, at a general council convoked for conference with him, told the regency that they had no power to make treaties, or to enter into any stipulations with a foreign power, without the consent of Great Britain …”

“and even went so far as to warn the islanders that the steps they were then taking to establish a firm and lasting friendship with the United States, would assuredly bring upon them the wrath of the great and powerful nation which he represented.”

“In contrast with the exalted opinion which the Sandwich islanders held of the English nation, was the poor opinion which they had been taught to entertain of the United States.”

“[T]hey had been taught to believe ‘that the Americans were destitute of maritime force. The English,’ they say, ‘have men-of-war, but the Americans have only whalers and trading vessels.’”

“Under these circumstances, Captain Jones thought it indispensable to his success so to demean himself as to elevate, in the eyes of those islanders, the American character; and he was compelled to resort to expensive entertainments and presents, the invariable means of facilitating negotiations with an unlettered people …”

“Notwithstanding the difficulties which he had to encounter, Captain Jones was entirely successful. He negotiated a commercial arrangement with the authorities of the Sandwich islands, eminently beneficial to us, and he prevailed upon them to adopt a plan of raising a revenue to satisfy claims of our citizens, as novel and curious as it was successful.”

“These two measures were the first essay of those islanders in negotiation and legislation; and it is believed the success of them tended to no small extent to generate in them a feeling of independence and self-reliance; which alone, it is more than probable, has prevented these islands from being numbered, by this time, among the colonial possessions of Great Britain.”

“The one has ever been regarded by all nations having intercourse with these islanders as a solemn treaty; has been respected as such; and been made the basis of all similar arrangements entered into with them.”

“The other was so efficient as to secure to our citizens some $500,000, the recovery of which, until it was adopted, had been despaired of.”

(In an agreement between Jones and Kaahumanu (as Regent), Kalanimoku (as Prime Minister), Boki, Hoapili and Namahana, the debt was paid off via a tax where,

“Every man is to deliver half a pecul of good sandal-wood to the governor of the district to which he belongs [and] Every woman of the age of thirteen years or upwards, is to pay a mat, 12 feet long and 6 wide, or tapa of equal value, (to such a mat,) or the sum of one Spanish dollar”.

“After the public debts are paid, the remainder of the amount of this tax to be divided between the king and governors—one half to the regency, for the use of the king; and the other half to be divided between the governors, in proportion to the amount collected from each island.”)

“The importance of the Sandwich islands as a place of refuge for the refreshment and repair of our marine, is understood by all commercial men, and cannot well be overrated; and …”

“the services of Captain Jones, the pioneer in making those arrangements which have kept them open to our shipping, cannot be too highly estimated.”

“He deserves the gratitude of every man who values our South Sea commerce; and ought not to be permitted to suffer from pecuniary losses sustained in rendering such important services to his country.” (US House Committee on Foreign Affairs, 28th Congress, 2d Session, Report No. 92)

He “secured for himself among the people the designation of ‘the kind-eyed chief’ – a compliment falling on the ear of many of different classes”.  (Hiram Bingham)

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by Peter T Young Leave a Comment

Deserters, Debts … and a Treaty

“The petition of sundry merchants and others engaged in the whale fishery, from the Island of Nantucket, has been referred, by the president of the United States, to this department …”

“… I am directed to inform you that the subject has been considered, and that instructions will be given to commodore Hull to visit the Sandwich Islands, when the public interest will permit his absence from the South American coast for a sufficient period.” (Samuel L Southard, Secretary of the Navy, April 28, 1825)

A second petition from ship owners quoted an American who recently returned from Hawai’i, who reported: “When I left the Sandwich Islands, there were over one hundred and fifty seamen (principally deserters from the whale ships) prowling about the country, naked and destitute, associating themselves with the natives, assuming their habits and acquiring their vices. …” (Gapp)

A third petition, sent by ship owners of New Bedford, Massachusetts complained about the British influence in Hawai’i, declaring that they spread the rumor: “The English have men-of-war, but the Americans have only whalers and trading vessels.” (Gapp)

Pointing out that they had separate whaling fleets canvassing both the northern and southern hemispheres of the Pacific, the ship owners asked for protection at the two berthing stations used by the fleets and requested “one or more armed vessels to proceed to the Sandwich and Society islands, with instructions to render such protection, and afford such aid, to American shipping distributed at those places, as circumstances may render necessary and proper.” (Stauffer)

In response, the Secretary of the Navy gave orders to Commodore Hull to sail to the Islands, report back on what he learned, banish the bad-attitude sailors and maintain cordial relations with the Hawaiian government … “the manner in which you shall endeavor to accomplish them, must be left almost entirely to your own discretion and prudence.”

Hull, in turn, decided to stay and ordered Commander Thomas ap Catesby Jones and his ‘Peacock’ to undertake the duties assigned by the Naval Secretary.

For the most part Hull’s orders to Jones merely relayed the instructions from the shipowners and the Navy Department, but also noted that there were debts to address, “claims for property belonging to citizens of the United States, on persons now residing at the Sandwich Islands.” (Stauffer) Jones went first to the Society Islands; then arrived in Honolulu on October 22, 1826.

“The object of my visit to the Sandwich Islands was of high national importance, of multifarious character, and left entirely to my judgment as to the mode of executing it, with no other guide than a laconic order, which the Government designed one of the oldest and most experienced commanders in the navy should execute”. (Jones, Report of Minister of Foreign Affairs)

“Under so great a responsibility, it was necessary for me to proceed with the greatest caution, and to measure well every step before it was taken ; consequently the first ten or fifteen days were devoted to the study and examination of the character and natural disposition of a people who are so little known to the civilized world, and with whom I had important business to transact.”

“The Sandwich Islanders as legislators are a cautious, grave, deliberate people, extremely jealous of their rights as a nation, and are slow to enter into any treaty or compact with foreigners, by which the latter can gain any foot-hold or claim to their soil.”

“Aware of these traits in the character of the Islanders with whom I had to negotiate, I determined to conduct my correspondence with them in such a manner as at once to remove all grounds of suspicion as to the object and views of the American Government, and to guard against misrepresentation and undue influence”.

“(I also wanted to) give the Chiefs and others in authority, the means of understanding perfectly the nature of my propositions, I took the precaution to have all official communications translated into the Oahuan language, which translation always accompanied the original in English”.

“(B)y giving them their own time to canvass and consult together, I found no difficulty in carrying every measure I proposed, and could I have been fully acqainted with the views of my government, or been authorized to make treaties, I do not doubt but my success would have been complete in any undertaking of that character.” (Jones Report to Navy Department, 1827)

Jones’s first order of business was the matter of the deserters; after initial discussions with local Hawaiian officials about a comprehensive treaty, Jones proposed on October 31, 1826, that a ‘rule’ be established, “which ought never to be departed from”’ regarding foreigners in Hawai’i.

Under the proposed ‘rule,’ all American sailors who had deserted their ships would be immediately removed from the Islands no matter under what circumstances or how far back in the past the desertion had occurred. Secondly, any American otherwise living in Hawai’i who had no “visible means of making an honest livelihood” would be removed. Finally, Jones proposed that “all other foreigners who did not support a good character” should likewise be banished.

Governor Boki, as well as both the American and British representatives were in favor of the proposal. He then approached the issue of ’debts’ (on November 4, 1826) – these primarily dealt with the ‘payment’ of sandalwood that was promised to traders for goods given. The chiefs agreed to pay off all the ‘debts’ in full. (Staffer)

Then on November 13, “The communication … which accompanied some regulations of general interest to our commerce in the Pacific was not less successful”. (Jones Report to Navy Department, 1827)

On December 23, 1826, the US signed a treaty (Articles of Arrangement) with the Kingdom of Hawaii thus indirectly recognizing Hawaiian independence. (State Department Historian) It is generally referred to as the Treaty of 1826 and was Hawaiʻi’s first treaty with the US.

It “received the signatures of the Ruling Princes and Chiefs, in testimony of their approbation of them, and as a pledge of their sincere friendship and confidence in the American Nation, and their earnest desire to remain neutral and take no part in any foreign wars.” (Jones Report to Navy Department, 1827)

The meeting considered the ‘Articles of Arrangement,’ a trade agreement between the US and the Hawaiian Kingdom, which was accepted and signed by Thomas ap Catesby Jones, and Elisabeta Kaʻahumanu as Queen Regent, Kalanimōku as Prime Minister, and the principal chiefs Boki, Hoapili, and Lidia Namahana. (Gapp)

Its articles included, “peace and friendship subsisting between the United States, and their Majesties, the Queen Regent, and Kauikeaouli, King of the Sandwich Islands, and their subjects and people, are hereby confirmed, and declared to be perpetual.”

“(S)hips and vessels of the United States … shall be inviolably protected against all Enemies of the United States in time of war. … (and) Citizens of the United States … engaged in commerce … shall be inviolably protected in their lawful pursuits (and may sue) … according to strict principles of equity, and the acknowledged practice of civilized nations.” (Treaty of 1826)

“Jones, as a public officer, carefully sought to promote the interests of commerce and secure the right of traders, pressed the rulers to a prompt discharge of their debts, and negotiated articles of agreement with the government for the protection of American interests”. (Hiram Bingham)

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Kamehameha_III,_1825
Kamehameha_III,_1825

by Peter T Young 1 Comment

Keeping Up With The Joneses

In the 1820s, two notable men with the last name Jones were in the Islands. John Coffin Jones Jr (US Agent for Commerce and Seamen) and Thomas ap Catesby Jones (of the US Navy).

The first to arrive was John Coffin Jones Jr; he was appointed US Agent for Commerce and Seamen on September 19, 1820 and began to serve in October of 1820, at the port of Honolulu.

John Coffin Jones Jr was the only son of a prominent Boston businessman (in mercantile and shipping business) and politician. (John C Jones Sr served as speaker of the Massachusetts House of Representatives and was legislative colleague of John Quincy Adams (and one of the signors for Massachusetts of the Ratification of the US Constitution for that State.))

This Jones (also known in Hawaiian documents as John Aluli) became the first official US representative in the Hawaiian Islands. His role was to help distressed American citizens ashore, both seamen and civilians, serving without salary from the US government and required to report on commerce in Hawai‘i.

(The post of commercial agent was raised to Consul effective July 5, 1844, and held by Peter A. Brinsmade, who had already been appointed commercial agent on April 13, 1838.)

Jones was already agent for the prosperous Boston firm of Marshall and Wildes (one of four American mercantile houses doing business in Honolulu,) and by accepting the additional responsibility from his country, the firm and he might hope that through his reports to Washington the voice of commerce in the Pacific would be heard more clearly by the US Government. (Hackler)

When Jones arrived, the sandalwood trade with China was still thriving. King Kamehameha I had monopolized, the cutting and exporting of sandalwood during his reign, but after his death in 1819, Kamehameha II was unable to enforce the conservation policies of his father, and unrestricted cutting of sandalwood soon threatened to deplete the hillsides of this rare wood.

But, while the wood lasted and the market held up in Canton, the American merchants in Honolulu competed fiercely with each other for the valuable cargoes, and pressed on the Hawaiians all sorts of goods which were to be paid for in sandalwood. (Hackler)

He was considered an advocate for commercial interests in Hawaiʻi and immediately collided with the missionary group led by Rev. Hiram Bingham. For the next couple of decades he contended for commercial advantages for the US. He set up his own trading firm in 1830 and made many voyages to California during the next ten years. (Kelley)

“Since the discovery of the whale fishery on the coast of Japan, and the independence of the republics of the western coasts of North and South America, the commerce of the United States at the Sandwich islands has vastly increased.”

“Of such importance have these islands become to our ships which resort to the coast of Japan for the prosecution of the whale fishery, that, without another place could be found, possessing equal advantages of conveniences and situation, our fishery on Japan would be vastly contracted, or pursued under circumstances the most disadvantageous.” (Jones, to Captain Wm B Finch, October 30, 1829)

As US Agent for Seamen, Jones had a burdensome responsibility. Many seamen were put ashore because of illness, and they became the special concern of Jones. This was a responsibility and an expense.

In his first report to the Secretary of State on December 31, 1821, Jones complained of the commanders of American ships who were in the habit of discharging troublesome seamen at Honolulu and taking on Hawaiian hands. (Hackler)

In addition, Jones reported to the Department that 30,000 piculs of sandalwood were sent to China in American ships that year, and estimated that the price for this wood in Canton should be about $300,000. The Hawaiian chiefs were becoming increasingly indebted to the American merchants in Honolulu and payment was slow in coming.

He wrote that the only solution was the posting of a US naval vessel at Honolulu, at least during the periods between March and May, and October and December, when the whalers gathered at the port. (Hackler)

The desertions, debt and disorder led to the arrival of the second Jones, Thomas ap Catesby Jones (the ‘ap’ in his name is a Welsh prefix noting he is ‘Thomas, the son of Catesby Jones.’)

Thomas was a Navy man; he received an appointment as a midshipman and joined the US Navy (at the time, 1805, it had only 29-vessels.) He moved up through the ranks. (Smith) He later fought in the War of 1812.

Growing concerns over treatment, safety and attitudes toward American sailors (and therefore other US citizens in the Islands) led the US Navy to send Jones to the Islands, report back on what he learned, banish the bad-attitude sailors and maintain cordial relations with the Hawaiian government.

“The object of my visit to the Sandwich Islands was of high national importance, of multifarious character, and left entirely to my judgment as to the mode of executing it, with no other guide than a laconic order, which the Government designed one of the oldest and most experienced commanders in the navy should execute”. (Jones, Report of Minister of Foreign Affairs)

“Under so great a responsibility, it was necessary for me to proceed with the greatest caution, and to measure well every step before it was taken; consequently the first ten or fifteen days were devoted to the study and examination of the character and natural disposition of a people who are so little known to the civilized world, and with whom I had important business to transact.”

“The Sandwich Islanders as legislators are a cautious, grave, deliberate people, extremely jealous of their rights as a nation, and are slow to enter into any treaty or compact with foreigners, by which the latter can gain any foot-hold or claim to their soil.”

“Aware of these traits in the character of the Islanders with whom I had to negotiate, I determined to conduct my correspondence with them in such a manner as at once to remove all grounds of suspicion as to the object and views of the American Government, and to guard against misrepresentation and undue influence”.

“(I also wanted to) give the Chiefs and others in authority, the means of understanding perfectly the nature of my propositions, I took the precaution to have all official communications translated into the Oahuan language, which translation always accompanied the original in English”.

“(B)y giving them their own time to canvass and consult together, I found no difficulty in carrying every measure I proposed, and could I have been fully acqainted with the views of my government, or been authorized to make treaties, I do not doubt but my success would have been complete in any undertaking of that character.” (Jones Report to Navy Department, 1827)

Jones resolved the sailor desertion issue, the chiefs agreed to pay in full the debts and then Jones negotiated ‘Articles of Arrangement’ noting the “peace and friendship subsisting between the United States and their Majesties, the Queen Regent and Kauikeaouli, King of the Sandwich Islands, and their subjects and people,” (later referred to as the Treaty of 1826, the first treaty signed by the Hawaiians and US.)

“Capt (Thomas ap Catesby) Jones, as a public officer, carefully sought to promote the interests of commerce and secure the right of traders, pressed the rulers to a prompt discharge of their debts, and negotiated articles of agreement with the government for the protection of American interests …”

“… in which Kaahumanu, as regent, is conspicuous; and secured for himself among the people the designation of ‘kind-eyed chief’ – a compliment falling on the ear of many of different classes”.

In contrast, by 1829, John Coffin Jones Jr seemed to have fallen out of favor with the Hawaiian rulers. At that time the King and the principal chiefs addressed a protest to Captain Finch of the USS Vincennes, accusing Jones of maltreating a native and lying about royal morals. (Hackler)

John Jones’ several marriages caused additional concern. He married Hannah Jones Davis, widow of his partner, William Heath Davis Sr, in 1823. Jones continued to live with Hannah but also lived with Lahilahi Marin, daughter of Don Francisco Marin, and had children by both. In 1838, he married Manuela Carrillo of Santa Barbara, California and deserted Hannah and Lahilahi.

In December, 1838, returning from one of his periodic business trips to California, he introduced Manuela as his wife. This apparently enraged Hannah Holmes Jones, who promptly petitioned the Hawaiian Government for a divorce on grounds of bigamy.

The charge was upheld by the King and led to his writing Jones on January 8, 1839, that “… I refuse any longer to know you as consul from the United States of America.” (Kamehameha III; Hacker)

John Jones left the Islands and settled in Santa Barbara in 1839 and continued as a merchant both in California and Massachusetts. He died on December 24, 1861, leaving his wife and six children. (Kelley)

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Thomas ap Catesby Jones to Hawaii

“When a candid and impartial view is taken of the nature and condition of our trade and commerce among the South Sea islands, and of the condition of the governments of those islands in 1823 …”

“… compared with what they now are, and with what they are destined to be, it will hardly be denied that our interests in that quarter, even in 1826, were sufficient to warrant the expense of a mission of high grade.”

“Between our trade with China, and our whale-fishery and commerce among the South Sea Islands, I consider the latter vastly more important to the United States, viewed in whatever light the question may be.”

“Master Commandant Jones was instructed to endeavor to relieve those islands from American seamen, who improperly deserted from whaling and other vessels, and taken refuge there, to the annoyance, not only of the people, but to the injury of our own citizens …”

“… to make arrangements by which such desertions might be prevented, and, if possible, to secure certain debts due to our citizens by the people, and government.”

Thomas ap Catesby Jones was born April 24, 1790 to Major Catesby and Lettice Turbeville Jones at Hickory Hill in Westmoreland County, Virginia. (The ‘ap’ in his name is a Welch prefix noting he is ‘Thomas, the son of Catesby Jones.’)

Growing concerns over treatment, safety and attitudes toward American sailors (and therefore other US citizens in the Islands) led the US Navy to send Jones to sail to the Islands, report back on what he learned, banish the bad-attitude sailors and maintain cordial relations with the Hawaiian government.

In his words … “The object of my visit to the Sandwich Islands was of high national importance, of multifarious character, and left entirely to my judgment as to the mode of executing it, with no other guide than a laconic order, which the Government designed one of the oldest and most experienced commanders in the navy should execute …”

“… if then it should appear that I have transcended the authority legally vested in me by the course I have pursued, whether as regards the arrangements made with the authorities of the several islands …”

“… or with respect to the exercise of judicial power over, and the removal of citizens of the United States from the scenes of their lawless practices, I once for all place my defence upon the grounds of imperious necessity in a situation altogether then novel and without a precedent.”

“For here we find the flag of most commercial nations covering their ships richly laden, whilst their heterogeneous crews promiscuously intermix on shore without the constraint of law …”

“… which, if necessary, to curb the inordinate propensities of man in the best regulated societies, what might we not expect of sailors, who from time immemorial, have been looked upon, though with great injustice, as the very refuse of the human species …”

“… when those who convey them there, and who ought to set a better example, declare that ‘there is no law round Cape Horn,’ and that no act however atrocious, committed by a foreigner at those Islands is cognizable, or can be punished by the laws of the country to which the offender owes allegiance …”

“… and they even go further and declare that the Rulers of the Islands have no authority to punish foreigners who transgress their laws. Such were the judicial views of the foreign residents and traders at ‘ Woahoo’ when the Peacock arrived.”

“Then may I be asked what guarantee had the American Merchants for the safety of five millions of their property that enters the port of Honolulu annually, or the individual engaged in this commerce, for his life and liberty. The answer must be none!”

“Again we see a great influx of English Renegades from New South Wales into the Sandwich as well as the Society Islands, and I was informed by the English Consul-General for those Islands that his orders were not to molest these scape-gallows …”

“… who as soon as out of the reach of the halter, according to the views of the British ministry, are fit subjects for increasing His Majesty’s influence, and even for giving laws to the South Sea Islanders.”

“The missionaries at the Society Islands will bear testimony to the great evils Otaheite has already experienced by the interference of convicts who have escaped from Botany Bay, and forced their way to that Island.”

“Their number is quite sufficient now, at the different islands – and I know it to have been their design, in the event of war between the United States and England …”

“… to fit out the small vessels of the islands for the purpose of predatory warfare upon our defenceless commerce and whale-fishery in the Pacific Ocean, which, with the assistance of the Islanders, they would have annihilated before protection could be sent to its relief …”

“… hence the importance of strict neutrality on the part of all the South Sea Islanders in future wars between the United States and European Powers.”

“Under so great a responsibility, it was necessary for me to proceed with the greatest caution, and to measure well every step before it was taken; consequently the first ten or fifteen days were devoted to the study and examination of the character and natural disposition of a people who are so little known to the civilized world, and with whom I had important business to transact.”

“I however, at an early period after my arrival, took an occasion to state verbally to the chiefs, etc., that I should in a few days address them some communications designed to place upon a firm and permanent basis the friendly intercourse between our respective countries …”

“… to which they answered ‘it is good,’ or ‘it will be well,’ which is the highest term of approbation their language admits of. At this time Kalaimoku, the Prime Minister, a chief of great talents and influence was laboring under a severe dropsical attack …”

“… and Kaahumanu, in whom the government of the islands at present rests, was absent, and whose approbation could alone render valid any arrangement that might be effected …”

“… my principal communication was not made until the 13th of November; in the mean time preliminary notes were addressed to the King under dates of Oct. 17th, 23rd, and 31st, and November 4th, 1826.”

“The regulations which accompanied the letter of the 23rd were immediately approved of by Governor Boki and the King, and were accordingly adopted, and now form a part of their code …”

“The rule suggested by myself, and which was adopted on that occasion, with regard to citizens of the United States, and which ought never to be departed from, was, that all those sailors who had deserted, however remote the period …”

“… should be removed from the island, and those who were there from any other cause who had not some visible means of making an honest livelihood should also he removed, as well as all other foreigners who did not support a good character.”

“The number of American deserters banished from the scenes of their iniquity (many of whom, however, had been driven to it by the oppression of their employers)on this occassion, amounted to near thirty …”

“… most of whom were ultimately disposed of to the whale-ships in port, while the remainder, with the exception of one or two who were of notorious bad character, were permitted to sign articles for, and now compose a part of the Peacock’s crew.” (Jones Report to Navy Department, 1827)

Jones resolved the sailor desertion issue, the chiefs agreed to pay in full the debts and then Jones negotiated ‘Articles of Arrangement’ noting the “peace and friendship subsisting between the United States and their Majesties, the Queen Regent and Kauikeaouli, King of the Sandwich Islands, and their subjects and people,” (later referred to as the Treaty of 1826, the first treaty signed by the Hawaiians and US.)

He “secured for himself among the people the designation of ‘the kind-eyed chief’ – a compliment falling on the ear of many of different classes”. (Hiram Bingham)

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Thomas_ap_Catesby_Jones_1842
Thomas_ap_Catesby_Jones_1842

by Peter T Young 1 Comment

Articles of Arrangement

On December 23, 1826, the US signed a treaty with the Kingdom of Hawaii thus indirectly recognizing Hawaiian independence. (State Department Historian)

It was negotiated by Thomas Ap Catesby Jones; he called it ‘Articles of Arrangement’ (he felt he didn’t have authority to negotiate treaties, however, it is generally referred to as the Treaty of 1826) and it was Hawaiʻi’s first treaty with the US.

It “received the signatures of the Ruling Princes and Chiefs, in testimony of their approbation of them, and as a pledge of their sincere friendship and confidence in the American Nation, and their earnest desire to remain neutral and take no part in any foreign wars.” (Jones Report to Navy Department, 1827)

It effectively was a trade agreement between the US and the Hawaiian Kingdom, which was accepted and signed by Thomas ap Catesby Jones, and Kaʻahumanu as Queen Regent, Kalanimōku as Prime Minister, and the principal chiefs Boki, Hoapili, and Nāmāhāna. (Gapp)

“(A)n ornate ratification and promulgation ceremony occurred on December 23 when all the necessary high chiefs could be assembled.” Terms of the agreement were:

Treaty of Friendship, Commerce, and Navigation, between The United States and the Sandwich Islands, signed at Honolulu, December 23, 1826.

“Articles of agreement made and concluded at Oahu, between Thomas ap Catesby Jones, appointed by the United States, of the one part, and Kauikeaouli, King of the Sandwich Islands and his guardians, on the other part.”

“Article I. The peace and friendship subsisting between the United States and their Majesties, the Queen Regent and Kauikeaouli, King of the Sandwich- Islands, and their subjects and people, are hereby confirmed and declared to be perpetual.”

“II. The ships and vessels of the United States (as well as their consuls and all other citizens), within the territorial jurisdiction of the Sandwich Islands, together with all their property, shall be inviolably protected against all enemies of the United States in time of war.”

“III. The contracting parties, being desirous to avail themselves of the bounties of Divine Providence, by promoting the commercial intercourse and friendship subsisting between the respective nations …”

“… for the better security of these desirable objects, their Majesties bind themselves to receive into their ports and harbours, all ships and vessels of the United States …”

“… and to protect to the utmost of their capacity all such ships and vessels, their cargoes, officers, and crews, so long as they shall behave themselves peacefully, and not infringe the established laws of the land; the citizens of the United States being permitted to trade freely with the people of the Sandwich Islands.”

“IV. Their Majesties do further agree to extend the fullest protection within their control to all ships and vessels of the United States which may be wrecked on their shores, and to render every assistance in their power to save the wreck and her apparel and cargo …”

“… and, as a reward for the assistance and protection which the people of the Sandwich Islands shall afford to all such distressed vessels of the United States, they shall be entitled to a salvage or a portion of the property so saved …”

“… but such salvage shall in no case exceed one-third of the vessel saved, which valuation is to be fixed by a commission of disinterested persons, who shall be chosen equally by the parties.”

“V. Citizens of the United States, whether resident or transit, engaged in commerce or trading to the Sandwich Islands, shall be inviolably protected in their lawful pursuits, and shall be allowed to sue for and recover by judgment all claims against the subjects of His Majesty the King according to strict principles of equity and the acknowledged practice of civilized nations.”

“VI. Their Majesties do further agree and bind themselves to discountenance and use all practicable means to prevent desertion from all American ships which visit the Sandwich Islands …”

“… and to that end it shall be made the duty of all governors, magistrates, chiefs of districts, and all others in authority, to apprehend all deserters and to deliver them over to the master of the vessel from which they have deserted …”

“… and for the apprehension of every such deserter who shall be delivered over as aforesaid, the master, owner, or agent shall pay to the person or persons apprehending such deserter the sum of 6 dollars, if taken on the side of the island near which the vessel is anchored …”

“… but if taken on the opposite side of the island the sum shall be 12 dollars, and if taken on any other island the reward shall be 24 dollars, and shall be a just charge against the wages of every such deserter.”

“VII. No tonnage dues or impost shall be exacted of any citizen of the United States which is not paid by the citizens or subjects of the nation most favored in commerce with the Sandwich Islands; and the citizens or subjects of the Sandwich Islands shall be allowed to trade with the United States and her territories upon principles of equal advantage with the most favored nation.”

“Done in council at Honolulu, Island of Oahu, this 23rd day of December, in the year of our Lord 1826.” Signed by: Thos. Ap Catesby Jones, Ka‘ahumanu, Kalanimōku, Boki, Hoapili and Nāmāhāna.

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Na Mokupuni O Hawaii Nei-Kalama 1837
Na Mokupuni O Hawaii Nei-Kalama 1837