ARTICLE I. There shall be perpetual peace and amity between the Republic and free Hanseatic City of Hamburg, and His Majesty the King of the Hawaiian Islands, their heirs and successors.

ARTICLE II. The citizens of the Republic of Hamburg, residing within the dominions of the King of the Hawaiian Islands, shall enjoy the same protection in regard to their civil rights, as well as to their persons and properties, as native subjects and the King of the Hawaiian Islands engages to grant to citizens of the Republic of Hamburg the same rights and privileges which now are, or may hereafter he, granted to or enjoyed by any other foreigners, subjects of the most favored nation.

ARTICLE III. The protection of the King of the Hawaiian Islands shall he extended to all Hamburg vessels, their officers and crews, within the harbors and roads of his dominions. In time of war they shall receive all possible protection against the enemies of the Republic of Hamburg. In ease of shipwreck, the local authorities and officers of the King shall use their utmost exertions to succour them and secure them from plunder. The salvage dues shall be settled according to the general law of salvage, and in case of dispute, shall be regulated by arbitration chosen by both parties.

ARTICLE IV. The desertion of seamen belonging to Hamburg vessels shall be severely repressed by the local authorities, who shall employ all means at their disposal to arrest and confine deserters, and the lawful expenses shall be defrayed by the captain or owners. In such case no unnecessary severity is to be used, and due notice is to be immediately given to the Hamburg Consul, agreeably to the 6th Article of this Treaty.

ARTICLE V. Hamburg citizens shall be allowed to reside or settle on any part of the dominions of the King of the Sandwich Islands, upon obtaining a document certifying that they are worthy persons, from the Hamburg Consul, whose duty it is not to give any such document to others than bona fide citizens of the Republic of Hamburg. In the case of Hamburg sailors wishing to remain on the islands, permission shall be previously obtained of the government the Hamburg Consul.

ARTICLE VI. It is agreed that the Hamburg Consul shall be instructed to zealously attempt to settle amicably, and extra judicially, all difficulties arising with Hamburg citizens; and that when any case is brought before the court of foreign causes, the presiding judge shall, with the least possible delay, communicate knowledge thereof to the Hamburg Consul, also that when Hamburg sailors or citizens are committed, in consequence of police or other offences, information shall be conveyed to him, forthwith , by the Prefect or other officer of the police.

ARTICLE VII. No productions of the Republic of Hamburg or any other goods on board of or imported in Hamburg ships, that can be imported by other foreign ships, shall be prohibited, nor pay more than those duties levied on goods of the most favored nation. Any alteration in the duties levied on goods, shall not take effect nor be enforced, until twelve calendar months after the first public notification of such change.

ARTICLE VIII. Hamburg merchandise and property, or goods imported in Hamburg vessels, liable to all entrance duty higher than 5 per cent. ad valorem, shall be allowed to be bonded, paying only the usual transit duty.

ARTICLE IX. All Hamburg vessels shall have the right and privilege of disposing of their cargoes, or any part thereof, at all or any of the ports of the Hawaiian dominions, now open, or that may hereafter be opened to foreign commerce, and to take in any produce of the Hawaiian Islands which they may received in payment of such cargoes. But they shall not be allowed to take any goods or merchandise or freight from one island or port to another, such coasting trade being restricted to bottoms sailing under the Hawaiian flag.

ARTICLE X. The subjects of His Majesty the King of the Hawaiian Islands shall, in their commercial relations, or relations of any other nature, with the Republic and free Hanseatic City of Hamburg, and her dependencies, be treated on the footing of the most favored nation.

Done at Honolulu this 8th day of January, 1848.

ADDITIONAL ARTICLE. This treaty shall not be permanently binding till it receives the ratification of the Senate of the Republic, and free Hanseatic City of Hamburg, but in the meanwhile, for the sake of Hamburg vessels or citizens arriving, it is mutually agreed that it shall take effect, provisionally, from the date of its ratification by His Majesty the King of the Hawaiian Islands.

Done at Honolulu this 8th day of January, 1848.

(L. S.)                        E. A. SÜWERKROP,
     Consul and Plenipotentiary for the Republic and free Hanseatic City of Hamburg.

(L. S.)                        R. C. WYLLIE,
     His Hawaiian Majestyâs Minister of Foreign Relations and Member of his Council of State.

 

U.S. Treaty With Ko Hawaii Pae Aina 

1849

Treaty signed at Washington December 20, 1849
Senate advice and consent to ratification January 14, 1850
Ratified by the President of the United States February 4, 1850
Ratified by the Hawaiian Islands August 19, 1850
Ratifications exchanged at Honolulu August 24, 1850
Entered into force August 24, 1850

The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a Treaty of Friendship, Commerce and Navigation, for which purpose they have appointed plenipotentiaries, that is to say:

The President of the United States of America, John M. Clayton, Secretary of State of the United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his Special Commissioner to the Government of the United States; who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles:

Article I

There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors.

Article II

There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. No duty of customs, or other impost, shall be charged upon any goods, the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the produce of manufacture of, or imported from, any other country; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage, that the subjects or citizens of any other state shall not enjoy any favor, privilege, or immunity, whatever, in matters of commerce and navigation, which shall not also, at the same time, be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.

Article III

All articles the produce or manufacture of either country which can legally be imported into either country from the other, in ships of that other country, and thence coming, shall, when so imported, be subject to the same duties, and enjoy the same privileges, whether imported in ships of the one country, or in ships of the other; and in like manner, all goods which can legally be exported or re-exported from either country to the other, in ships of that other country, shall, when so exported or reexported, be subject to the same duties, and be entitled to the same privileges, draw backs, bounties, and allowances, whether exported in ships of the one country, or in ships of the other: and all goods and articles, of whatever( description, not being' of the produce of manufacture of the United States, which can be legally imported into the Sandwich Islands shall when so imported In vessels of the United States pay no other or higher duties, imposts, or charges than shall be payable upon the like goods, and articles, when imported in the vessels of the most favored foreign nation other than the nation of which the said goods and articles are the produce or manufacture.

Article IV

No duties of tonnage, harbor, lighthouses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels.

Article V

It hereby declared, that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another situated in the state of either contracting party, such navigation and trade being reserved exclusively to national vessels.

Article VI

Steam vessel of the United States which may be employed by the Government of the said States, in the carrying of their Public Mail across the Pacific Ocean, of from one port in that ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public Mail service of the United States, and be subject in such ports to no duties of tonnage, harbor, lighthouses, quarantine, or other similar duties of whatever nature of under whatever denomination.

Article VII

The Whaleships of the United States shall have access to the Port of Hilo, Kealakekua and Hanalei in the Sandwich Islands, for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina which only are ports of entry for all Merchant vessels, and in all the above named ports, they shall be permitted to trade or barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred dollars ad va lorem for each vessel, without paying any charge for tonnage or harbor dues of any description, or any duties or imposts whatever upon the goods or articles so traded or bartered. They shall also be permitted; with the like exemption from all chargers for tonnage and harbor dues, further to trade or barter, with the same exception as to spiritous licquors, to the additional amount of one thousand dollars ad valorum, for each vessel, paying upon the additional goods and articles so traded and bartered, no other or higher duties, than are payable on like goods and articles, when imported in the vessels and by the citizens or subject of the most favored foreign nation.

They shall so be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments, but they shall not discharge their seamen or land their passenger in the said Islands, except at Lahaina and Honolulu; and in all the ports named to this article, the whale ships of the United States shall enjoy in all respects, whatsoever, all the rights, privileges and immunities which are enjoyed by, or shall be granted to, the whale ships of the most favored foreign nation. The like privilege of frequenting the three ports of the Sandwich Islands, above named in this article, not being ports of entry for merchant vessels, is also guaranteed to all the public armed vessels of the United States. But nothing in this article shall be construed as authorizing any vessel of the United States, having on board any disease usually regarded as requiring quarantine, to enter during the continuance of such disease on board, any port of the Sandwich Islands, other than Lahaina or Honolulu.

Article VIII

The contracting parties engage, in regard to the personal privileges, that the citizens of the United States of America shall enjoy in the dominion of His Majesty the King of the Hawaiian Islands, and the subjects of his said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the states of the two high contracting parties, subject to the same precaution a police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warships, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hindrance or obstacle; and their heir or representatives, being subject or citizens of the other contracting party, shall succeed to their personal goods, whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them, and dispose of same by will, paying to the profit of the respective governments, such dues only as the inhabitants of the country wherein said goods are, shall be subject to pain in like cases. And in case of the absence of the heir and representative, such care shall be taken of said goods as would be taken of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them.

And if a question should aarise among several claimants as to which of them aid goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to with draw the proceeds without molestation and exempt from all duties of detraction on the part of the government of the respective states. The citizens or subjects of the contracting parties shall not be obligated to pay, under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid , by the subjects or citizens of most favored nations, in the respective states of the high contracting parties. They shall be exempt from all military service, whether by land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence shall be respected.

No arbitrary search of , or visit to, their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts of their trade, shall be made; but such measures shall be executed only in conformity with the legal sentence of a competent tribunal; and each of the two contracting parties engage that the citizens or subjects of the other residing in their respective States shall enjoy their property and personal security, in as full and ample manner of their own citizens or subjects, of the subjects or citizens of the most favored nation, but subject alway to the laws and statutes of the two countries restively.

Article IX

The citizen and subjects of each of the two contracting parties shall be free in the state of the other to manage their own affairs themselves, or to commit those affairs to the management of any persons whom they may appoint as their broker, factor or agent; nor shall the citizens and subjects of the two contracting parties be restrained in their choice of person to act in such capacities, nor shall they be called upon to pay and salary or remuneration to any person whom they shall not choose to employ.

Absolute freedom shall be given in all cases to the buyer and seller to bargain together and to fix the price of any good or merchandise imported into, or to be exported from the state and dominions of the two contracting parties; save and except generally such case wherein the laws and usages of the country may require the intervention of any special agent in the estate and dominion of the contracting parties. But nothing contained in this or any other article of the present Treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, further than such sale may be allowed by the Hawaiian laws.

Article X

Each of the two contracting parties may have, in the ports of the other, consul, vice consul, and commercial agent, of their own appointment, who shall enjoy the same privileges and power with those of the most favored nations; but if any such consul shall exercise commerce, they shall be subject to the same law and usage to which the private individuals of their nation are subject in the same place. The said Consul, vice consul, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose, they shall apply to the competent tribunal, judges and officers, and shall in writing demand the said deserters, proving, by the exhibition of the registers of the vessel, the rolls of the crews, or by other official document, that such individual formed part of the crew; and this reclamation being thus substantiated, the offender shall not be refused. Such deserters, when arrested shall be placed at the disposal of the said consul, vice consul, or commercial agents, and may be confined in the public prison, at the request and cost of those who all claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation or any other vessel whatsoever.

The agent, owners or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities shall be required to take or send away such deserters from the state and dominions of the contracting parties, or give such security for their good conduct as the law may require. But if not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offense, their surrender may be delayed until the tribunal before which their case shall be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect.

Article XI

It is agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens and subjects of both the contracting parties, in the countries of the one of the other, without their being liable to be disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction.

Article XII

If any ships of war or other vessels be wrecked on the coasts of the states or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenance belonging thereunto, and all goods and merchandise which shall be stored with the least possible delay to the proprietors, upon being claimed by them or their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian consul, or vice consul, in whose district the wreck may have taken place; and such consul, vice consul, proprietors, or factors, shall pay on the expenses incurred in the preservation of the property, together with the rate of salvage, and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision of the competent tribunals of the country.

Article XIII

The vessels of either of the two contracting parties which may be forced by weather or other cause into one of the ports of the other, shall be exempt from all duties of port or navigation paid for the benefit of the state, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the substinence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge.

Article XIV

The contracting parties mutually agree to surrender, upon official requisition, to the authority of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other; provided, that this shall only be done upon such evidence or criminality as, according to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial if the crime had there been committed: and the respective judges and other magistrates of the two Governments, shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person do charged, that he may be brought before such judge or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issued for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.

Article XV

So soon as Steam or other mail packets under the flag of either of the contracting parties, shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post offices of those ports all mailable matter, and to forward it as directed, the destination being to dome regular post office of either country, charging thereupon the regular postal rate as established by law in the territories of either party receiving said mailable matter, in addition to the original postage of the office whence the mail as sent. Mails for the United States shall be made up at regular intervals at the Hawaiian Post Office, and dispatched to ports of the United States, the postmasters at which ports shall open the same, and forward the enclosed matter as directed, crediting in the Hawaiian Government with their postages as established by law and stamped upon each manuscript or printed sheet.

All mailable matter destined for the Hawaiian Islands shall be received at the several post office in the United States and forwarded to San Franclsco or other ports on the Pacific coast of the United States, whence the post masters shall despatch it by the regular mail packets to Honolulu, the Hawaiian government agreeing on their part to receive and collect for and credit the Post Office Department of the United State with the United States rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall in all cases be prepaid. The respective post office department of the contracting parties shall in their accounts, which are to be justified annually, be credited with all dead letters returned.

Article XV

The present treaty shall be in force from the date of the exchange of the ratification for the term of ten years, and further, until the and of twelve months after either of the contracting parties all have given notice to the other of its intention to terminate the same, each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term of ten years, or at any subsequent term.

Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same and the harmony and good correspondence between the two governments shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation.

Article XVII

The present treaty hall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of said States, , and by His Majesty the King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and the ratifications shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner if possible. In witness whereof, the respective plenipotentiaries have signed the same in triplicate, and have thereto affixed their seals. Done at Washington in the English language, the twentieth day of December, in the year one thousand eight hundred and forty nine.

JOHN M. CLAYTON.
JAMES JACKSON JARVES

Treaty Between Ko Hawaii Pae Aina theUnited Kingdoms of Sweden and Norway

1852

Treaty between the Kingdom of the Hawaiian Islands and the United Kingdoms of Sweden and Norway, concluded by R. C. Wyllie, Esquire, His Hawaiian Majesty's Minister of Foreign Relations, Member of His Privy Council of State and of His House of Nobles, and C.A. Virgin, Chamberlain to His Majesty the King of Sweden, Post Captain of the Royal Swedish Navy, Knight of the Royal Order of the Sword of Sweden and of the Imperial Russian Order of St. Stanislaus; signed at Honolulu the 1 July 1852.

It being of great advantage to establish relations of friendship and commerce between the Kingdoms of His Majesty the King of Sweden and Norway and the Kingdom of His Majesty the King of the Hawaiian Islands, the undersigned, having exchanged their powers, mutually admitted as sufficient, have agreed, on the part of their respective Sovereigns, to conclude a Treaty of Friendship, commerce and Navigation, as follows:

Art. I. There shall be perpetual friendship between His Majesty the King of the United Kingdoms of Sweden and Norway, His Heirs and Successors, and the King of the Hawaiian Islands, His Heirs and Successors, and between their respective subjects.

Art. II. There shall be between all the dominions of His Swedish and Norwegian Majesty, and the Hawaiian Islands, a reciprocal freedom of commerce. The subjects of each of the two contracting parties, respectively, shall have liberty freely and securely to come with their ships and cargoes, to all places, ports and rivers, in the territories of the other, where trade with other nations is permitted. They may remain and reside in any part of the said territories, respectively, and hire and occupy houses and warehouses, and may trade, by wholesale or retail, in all kinds of produce, manufactures and merchandise of lawful commerce; enjoying the same exemptions and privileges as native subjects, and subject always to the same laws, and established customs, as native subjects.

In like manner the ships of war of each contracting party, respectively, shall have liberty to enter into all harbours, rivers, and places, within the territories of the other to which the ships of war of other nations are or may be permitted to come, to anchor there, and to remain and refit; subject always to the laws and regulations of the two countries respectively.

The stipulations of this article do not apply to the coasting trade, which each contracting party reserves to itself, respectively, and shall regulate according to its own laws.

Art. III. The two contracting parties hereby agree, that any favour, privilege, or immunity whatever, in matters of commerce or navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other state, shall be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favour of that other state shall have been gratuitous, or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.

Art. IV. No other or higher duties shall be imposed on the importation into the dominions of His Swedish and Norwegian Majesty of any article, the growth, produce or manufacture of His Swedish and Norwegian Majesty's dominions, that are or shall be payable on the like article, being the growth, produce or manufacture of any other foreign country.

Nor shall any other or higher duties or charges be imposed in the territories of either of the contracting parties on the exportation of any article to the territories of the other, than such as are or may be payable on the exportation of the like article to any other foreign country. No prohibition shall be imposed upon the importation of any article, the growth, produce or manufacture of the territories of either of the two contracting parties, into the territories of the other, which shall not equally extend to the importation of the like articles, being the growth, produce or manufacture of any other country. Nor shall any prohibition be imposed upon the exportation of any article from the territories of either of the two contracting parties to the territories of the other, which shall not equally extend to the exportation of the like articles to the territories of all other nations.

Art. V. No other or higher duties or charges on account of tonnage, light, or harbour dues, pilotage, quarantine, salvage in cases of damage or shipwreck, or any other local charges shall be imposed in any of the ports of the Hawaiian Islands on Swedish and Norwegian vessels, than those payable in the same ports by Hawaiian vessels, nor in the ports of His Swedish and Norwegian Majesty's territories, on Hawaiian vessels, than shall be payable in the same ports on Swedish and Norwegian vessels.

Art. VI. The same duties shall be paid on the importation of any article which is or may be legally importable into the Hawaiians Islands, whether such importation shall be in Hawaiian or in Swedish and Norwegian vessels; and the same duties shall be paid on the importation of any article which is or may be legally importable into the dominions of His Swedish and Norwegian or in Hawaiian vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any article which is or may be legally exportable from the Hawaiian Islands, whether such exportation shall be in Hawaiian or in Swedish and Norwegian vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any article which is or may be legally exportable from His Swedish and Norwegian Majesty's dominions, whether such exportation shall be in Swedish and Norwegian or in Hawaiian vessels.

Art. VII. Swedish and Norwegian whale ships shall have access to the ports of Hilo, Kealakekua and Hanalei in the Sandwich Islands for the purpose of refitment and refreshment, as well as to the ports of Honolulu and Lahaina, which two last mentioned ports only are ports of entry for all merchant vessels; and in all the above named ports they shall be permitted to trade or to barter their supplies or goods, excepting spirituous liquors, to the additional amount of one thousand dollars ad valorem, for each vessel, paying upon the additional goods and articles so traded and bartered no other or higher duties than are payable on like goods and articles when imported in national vessels and by native subjects. They shall also be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments, but they shall not discharge their seamen, or land their passengers in the said Islands, except at Honolulu and Lahaina; and in all the ports named in this article, Swedish and Norwegian whale ships shall enjoy in all respects whatsoever all the rights, privileges and immunities which are or may be enjoyed by national whale ships, or by whale ships of the most favored nation.

The like privilege of frequenting the three ports of the Sandwich Islands named in this article, which are not ports of entry for merchant vessels, is also guaranteed to all the public armed vessels of Sweden and Norway. But nothing in this article shall be construed as authorizing any Swedish or Norwegian vessel having on board any disease usually regarded as requiring quarantine, to enter during the continuance of any such disease on board, any ports of the Sandwich Islands other than Honolulu or Lahaina.

Art. VIII. All merchants, commanders of ships and others, the subjects of His Swedish and Norwegian Majesty, shall have full liberty in the Hawaiian Islands, to manage their own affairs themselves or to commit them to the management of whomsoever they please, as broker, factor, agent or interpreter; nor shall they be obliged to employ any other persons than those employed by Hawaiian subjects, nor to pay to such persons as they shall think fit to employ, any higher salary or remuneration than such as is paid in like cases by Hawaiian subjects. Swedish and Norwegian subjects in the Hawaiian Islands shall be at liberty to buy from and to sell to whom they like, without being restrained or prejudiced by any monopoly, contract or exclusive privilege of sale or purchase whatever; and absolute freedom shall be allowed in all cases to the buyer and seller, to bargain and fix the price of any goods, wares or merchandise, imported into or exported from the Hawaiian Islands, as they shall see good: observing the laws and established customs of those Islands. The same privileges shall be enjoyed in the dominions of His Swedish and Norwegian Majesty by Hawaiian subjects under the same conditions.

The subjects of either of the contracting parties in the territories of the other shall receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the Courts of Justice in the said countries, respectively, for the prosecution and defence of their just rights, and they shall be at liberty to employ, in all causes, the advocates, attorneys, or agents of whatever description, whom they may think proper; and they shall enjoy in this respect the same rights and privileges as native subjects.

Art. IX. In whatever relates to the police of the ports, the lading and unlading of ships, the warehousing and safety of merchandise, goods and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, exchange or testament, or in any other manner whatsoever, as also with regard to the administration of justice, the subjects of each contracting party shall enjoy in the territories of the other, the same privileges, liberties and rights as native subjects, and they shall not be charged in any of these respects with any other or higher impost or duties, than those which are or may be paid by native subjects; subject always to the local laws and regulations of such territories.

In the event of any subject of either of the two contracting parties dying without will or testament in the territories of the other contracting party, the Consul General, Consul or acting Consul of the nation to which the deceased may belong, shall so far as the laws of each country will permit, take charge of the property which the deceased may have left for the benefit of his lawful heirs and creditors, until an executor or administrator be named according to the laws of the country in which the death shall have taken place.

Art. X. The subjects of His Swedish and Norwegian Majesty residing in the Hawaiian Islands, and Hawaiian subjects residing in the dominions of His Swedish and Norwegian Majesty shall be exempted from all compulsory military service whatsoever, whether by sea or by land, and from all forced loans, or military exactions or requisitions, and they shall not be compelled under any pretext whatsoever to pay any ordinary charges, requisitions or taxes, other or higher than those that are or may be paid by native subjects.

Art. XI. It is agreed and covenanted that neither of the two contracting parties shall knowingly receive into, or retain in its service, any subjects of the other party who have deserted from the naval or military services of that other party, but that on the contrary, each of the contracting parties shall, respectively, discharge from its service any such deserters upon being required by the other party so to do.

And it is further agreed that if any of the crew shall desert from a vessel of war, or merchant vessel of either contracting party, while such vessel is within any port in the territory of the other party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the consul of the party concerned, or by the deputy or representative of the consul; and no public body shall protect or harbour such deserters.

It is further agreed and declared that any other favour or facility with respect to the recovery of deserters, which either of the contracting parties has granted or may hereafter grant to any other state, shall be considered as granted also to the other contracting party, in the same manner as if such favour or facility had been expressly stipulated by the present treaty.

Art. XII. It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade to reside in the territories of the other party, but, before any consul shall act as such, he shall in the usual form be approved and admitted by the government to which he is sent; and either of the contracting parties may except from the residence of consuls such particular places as either of them may judge fit to be excepted. The diplomatic agents and consuls of the Hawaiian Islands in the dominions of His Swedish and Norwegian Majesty shall enjoy whatever privileges, exemptions and immunities are or shall be granted there to agents of the same rank belonging to the most favoured nation; and in like manner the diplomatic agents and consuls of His Swedish and Norwegian Majesty in the Hawaiian Islands shall enjoy whatever privileges, exemptions or immunities are or may be granted there to the diplomatic agents and consuls of the same rank belonging to the most favoured nation.

Art. XIII. For the better security of commerce between the subjects of His Swedish and Norwegian Majesty and of the King of the Hawaiian Islands, it is agreed that if, at any time, any rupture or any interruption of friendly intercourse should unfortunately take place between the two contracting parties the subjects of either of the two contracting parties, shall be allowed a year to wind up their accounts and dispose of their property, and a safe conduct shall be given them to embark at the port which they shall themselves select. All subjects of either of the two contracting parties who may be established in the territories of the other in the exercise of any trade or special employment shall in such case have the privilege of remaining and continuing such trade and employment therein, without any manner of interruption, in full enjoyment of their liberty and property, as long as they behave peaceably and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or entrusted to individuals or to the state, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects. In the same case debts between individuals, public funds, and the shares of companies shall never be confiscated, sequestered or detained.

Art. XIV. The subjects of His Swedish and Norwegian Majesty, residing in the Hawaiian Islands, shall not be disturbed, persecuted or annoyed on account of their religion, but they shall have perfect liberty of conscience therein, and shall be allowed to celebrate Divine Service either within their own private houses or in their own particular churches or chapels, which they shall be at liberty to build and maintain in convenient places, approved of by the Government of the said Islands. Liberty shall also be granted to them to bury in burial places, which in the same manner they may freely establish and maintain, such subjects of His Swedish and Norwegian Majesty, who may die in the said Islands. In like manner Hawaiian subjects shall enjoy within the dominions of His Swedish and Norwegian Majesty perfect and unrestrained liberty of conscience, and shall be allowed to exercise their religion publicly or privately, within their own dwelling houses, or in the chapels or place of worship appointed to that purpose, agreeably to the system of toleration established in the dominions of His said Majesty.

Art. XV. All vessels bearing the flag of Sweden or of Norway in time of war shall receive every possible protection, short of actual hostility, within the ports and waters of His Majesty the King of the Hawaiian Islands; and His Majesty the King of Sweden and Norway engages to respect in time of war the neutral rights of the Hawaiian Kingdom and to use his good offices with all other powers, having treaties with His Majesty the King of the Hawaiian Islands, to induce them to adopt the same policy towards the Hawaiian Kingdom.

Art. XVI. If any ship of war or merchant vessel, of either of the contracting parties should be wrecked on the coasts of the other, such ship or vessel or any parts thereof, and all furniture and appurtenance belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored to the proprietors upon being claimed by them or by their duly authorized agents, and if there are no such proprietors or agents on the spot, then the said goods or merchandise, or the proceeds therof, as well as all the papers found on board such wrecked ship or vessel shall be delivered to the Swedish and Norwegian or Hawaiian consul in whose district the wreck may have taken place, and such consul, proprietors or agents shall pay only the expences incurred in the preservation of the property, together with the rate of salvage which would have been payable in the like case of a wreck of a national vessel. The goods and merchandise saved from the wreck shall not be subject to duties, unless cleared for consumption.

Art. XVII. In order that the two contracting parties may have the opportunity of hereafter trading and agreeing upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the advancement of the interests of their respective subjects, it is agreed that at any time after the expiration of seven years from the date of the exchange of the ratifications of the present treaty, either of the contracting parties shall have the right of giving to the other party notice of its intentions to terminate Articles 4, 5 and 6 of the present Treaty; and that at the expiration of 18 months after such notice shall have been received by either party from the other, the said articles, and all the stipulations contained therein shall cease to be binding on the two contracting parties.

Art. XVIII. The present Treaty shall be ratified and the Ratifications shall be exchanged at Honolulu in eighteen months, or sooner, if possible.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their respective seals.

Done at Honolulu this first day of July, in the year of our Lord one thousand eight hundred and fifty two.

Ko Hawaii Pae Aina Treaty With The Netherlands

1862

His Majesty the King of the Hawaiian Islands, on the one part, and His Majesty of the King of the Netherlands on the other part, desiring by a treaty of Friendship, Commerce and Navigation to secure amicable relations between the two kingdoms and commercial intercourse between their respective subjects, have to this end named for their Plenipotentiaries, that is to say:

His Majesty the King of the Hawaiian Islands, Sir John Bowring, Knight Bachelor of England, His Minister Plenipotentiary and Envoy Extraordinary; and His Majesty the King of the Netherlands, Jonkheer Paul vander Maesen de Sombreff, His Minister of Foreign Affairs, and Gerardus Henri Betz, His Minister of Finance; who, after having examined their full powers and found them in good and true form have agreed on the following articles:

    ARTICLE I.   There shall be a sincere and durable friendship between His Majesty the King of the Hawaiian Islands, His heirs and successors and His subjects, on the one part, and His Majesty the King of the Netherlands, His heirs and successors and His subjects on the other part.

    ARTICLE II.   The respective subjects of the two high contracting parties shall be perfectly and in all respects assimilated on their establishment and settlement, whether for a longer or shorter time in the States and Colonies of the other party on the terms granted to the subjects of the most favored nation in all which concerns the permission of sojourning, the exercise of legal professions, taxes, in a word, all the conditions relative to sojourn and establishment.

    ARTICLE III.   The products and manufactured articles of every sort, coming from the Hawaiian Islands, imported directly or indirectly, and all merchandise without distinction of origin imported from the Hawaiian Islands or their colonies, shall be admitted on the payment of customs import duties equal and not greater and on the same conditions as those to which are subjected the produce an manufactured articles of the most favored foreign nation, in the Netherlands and their colonies in matters of commerce and customs.

    And reciprocally the produce and manufactured articles of every sort proceeding from the Kingdom of the Netherlands or from its colonies, imported directly or indirectly, and all goods without distinction of origin, imported from the Netherlands into the Hawaiian Islands, shall be admitted on the payment of customs and import duty equal but not greater and under the same conditions as are imposed on the products and manufactured articles of the most favored foreign nation in the Hawaiian Islands, and their colonies, as regards commerce and customs.

    Exception is allowed from this rule were special favors have been or may hereafter be granted in the Netherlands Colonies of the East Indies, to the Asiatic nations of the Eastern Archipelago, for the importation of the products of their soil and their industry and for their exportations.

    ARTICLE IV.   No duties of tonnage, harbor, light-houses, pilotage, quarantine or other similar duties of whatever nature or under whatever denomination shall be imposed in either country upon the vessels of the other, which shall not be equally imposed in the like cases on national vessels. And in general has concerns the importation of all goods and articles of whatever description, the Netherlands flag in the Hawaiian islands, and the Hawaiian flag in the Netherlands and their colonies, will be assimilated to the flag of the most favored nation.

    ARTICLE V.   Any advantage which in future either of the high contracting parties shall grant to another state as regards the establishments or exercise of industry, commerce, custom duties or navigation, shall be granted in the same way at the same time to the other contracting party.

     ARTICLE VI.   The present treaty shall be in vigor for ten years, to date from the day of the exchange of the ratifications.

    In case that neither the one nor the other shall have notified twelve months before the expiration of said period of ten years the intention of terminating its conditions, the treaty shall continue in force for another year, to reckon from the date on which the other contracting party shall have given notice and so on from year to year.

    The ratification shall take place by His Majesty the King of the Hawaiian Islands and His Majesty the King of the Netherlands,-- and the ratification shall be exchanged at the Hague or elsewhere, within the space of eighteen months, or earlier if may be.

    In witness of which the above named Plenipotentiaries have signed in a fixed here to their respective seals.

    Done at the Hague, this sixteenth day of October, in the year one thousand eight hundred and sixty-two.

[ L. S. ]	JOHN BOWRING
[ L. S. ]	J. P. VANDER MASEN DE SOMBREFF
[ L. S. ]	G. H. BETZ

His Majesty the King of Italy, on the one part, and His Majesty the King of the Hawaiian Islands, on the other part, desiring to facilitate the establishment of commercial relations between Italy and the Hawaiian Islands, and to favor their development by a treaty of Amity, Commerce and Navigation, suited for securing to the two countries equal and reciprocal advantages, have nominated for this purpose Plenipotentiaries, that is to say:

His Majesty the King of Italy, the Chevalier Constantino Nigra, His Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of the French; and His Majesty the King of the Hawaiian Islands, Sir John Bowring, His Envoy Extraordinary and Minister Plenipotentiary; who having mutually communicated their powers, and found them in good and true form, have agreed upon the following articles:

ARTICLE I. There shall be perpetual peace and constant friendship between the Kingdom of Italy and that of the Hawaiian Islands, and between the citizens of the two countries, without exception of person or place.

ARTICLE II. There shall be, between Italy and the Hawaiian Islands, reciprocal freedom in commerce and navigation. Italians in the Hawaiian islands, and Hawaiian subjects in Italy, may enter in the same liberty and security with their vessels and cargoes as are enjoyed by the natives themselves in all places, ports and rivers which are, or shall in future be open to foreign commerce, provided, always, that the police regulations employed for the protection of the citizens of the most favored nations be respected.

ARTICLE III. The citizens of the two contracting parties may, like the natives in the respective territories, travel or reside, trade wholesale or retail, rent or occupy the houses, stores and shops which they may require; they may carry on the transport of merchandise and money, and receive consignments; they may also, when they have resided more than a year in the country, and the real or personal property which they may possess shall offer a sufficient security, be admitted as sureties in Custom-house transactions. The citizens of both countries shall, on a footing of perfect equality, be free both to purchase and to sell, to establish and to fix the price of goods, merchandise and articles of every kind, whether imported or of home manufacture, whether for home consumption or for exportation. They shall also enjoy liberty to carry on their business themselves, to present to the Custom-house their own declarations; or to have their places supplied by their own attorneys, factors, consignees, agents or interpreters, whether in the purchase or sale of their goods, property or merchandise; whether for the loading or unloading and expedition of their vessels.

They shall also have the right to fulfill all the functions that are confided to them by their own countrymen, by strangers, or by natives, in the position of attorneys, factors, agents, consignees, or interpreters.

For the performance of all these acts, they shall conform to all the laws and regulations of the country, and they shall not be subject, in any case, to any other charges, restrictions, taxes or impositions than those to which the natives are subject, provided, always, that the police regulations employed for the protection of the most favored nation be respected. It is also specially provided that all the advantages of any kind whatever, actually granted by the laws or decrees now in force, or which in future shall be accorded to foreign settlers, shall be guaranteed to Italians established, or who establish themselves in whatever locality they may deem fit in the Hawaiian territory, and the same shall hold good for Hawaiian subjects in Italy.

ARTICLE IV. The respective citizens of the two countries shall enjoy the most constant and complete protection for their persons and property. Consequently, they shall have free and easy access to the courts of justice in the pursuit and defence of their rights, in every instance and degree of jurisdiction established by the laws. They shall be at liberty, under any circumstances, to employ lawyers, advocates or agents from any class, whom they may see fit to authorize to act in their name. In fine, they shall in all respects enjoy the same rights and privileges which are granted to natives, and they shall be subject to the same conditions.

ARTICLE V. The Italians in the Hawaiian Islands, and the Hawaiians in Italy, shall be exempt from all service, whether in the army or navy, or in the national guard or militia, and they cannot be subject to any other charges, restrictions, taxes or impositions on their property, real or personal, than those to which the natives themselves are subject.

ARTICLE VI. The citizens of both countries respectively shall not be subject to any embargo, nor to be detained with their vessels, crews, cargoes or commercial effects for any military expedition whatever, nor for any public or private service whatever, unless the government or local authority shall have previously agreed with the parties interested, that a just indemnity shall be granted for such service, and for such compensation as might fairly be required for the injury which (not being purely fortuitous) may have grown out of the service which they have voluntarily undertaken.

ARTICLE VII. The most entire liberty of conscience is guaranteed to the Italians in the Hawaiian Islands, and to Hawaiian subjects in Italy. Both parties must conform in the outward observance of their religion to the laws of the country.

ARTICLE VIII. Citizens of either of the contracting parties shall, on the respective territories, have the right of possessing property of any sort, and disposing of the same to the natives.

Italians shall enjoy in all the Hawaiian territories the right of collecting and transmitting successions ab intestato or testamentary as Hawaiians, according to the laws of the country, without being subjected as strangers to any burthens or imposts which are not paid by the natives.

Reciprocally Hawaiian subjects shall enjoy in Italy the right of transmitting succession ab intestato or testamentary on the same conditions as Italians, according to the laws of the country, and without being subject as strangers to any charge or impost not paid by the natives.

The same reciprocity between the citizens of the two countries shall exist for donations inter vivos. On the exportation of property collected or acquired under any head by Italians in the Hawaiian Islands, or by Hawaiians in Italy, there shall be no duty on removal or immigration, nor any duty whatever to which natives are not subjected.

ARTICLE IX. All Italian or Hawaiian vessels sailing under their respective flags, and which shall be bearers of the ship's papers and documents required by the laws of the respective countries shall be considered as Italian or Hawaiian vessels respectively.

ARTICLE X. Italian vessels which shall arrive either in ballast or laden in Hawaiian ports, or which shall leave the same, and reciprocally, Hawaiian vessels which, either in ballast or laden, enter or leave the ports of Italy, whether by sea, river or canals, whatever be the port of their departure or their destination, shall not be subject either on entry or departure, to duties on tonnage, port or transit, pilotages, anchorage, shifting, light-houses, sluices, canals, quarantines, salvage, bonding-warehouses, patents, brokerage, navigation, passage, or to any duties or charges whatever, levied on the hulks of vessels received or established for the benefit of the government, public functionaries, communes or establishments of any sort other than those which are now or may hereafter be levied on national vessels.

ARTICLE XI. In all that regards the stationing, the loading and unloading of vessels in the ports, roadsteads, harbors and docks, and generally for all the formalities and arrangements to which vessels employed in commerce with their freights and loading may be subject, it is agreed that no privilege shall be granted to national vessels, which shall not be equally granted to vessels of the other country, the intention of the high contracting parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality.

ARTICLE XII. Vessels of the contracting parties, compelled to seek shelter in the ports of the other, shall pay neither on the vessels nor the cargo more duties than those levied on national vessels in the same situation; provided, that the above-named ships shall carry on no commercial speculations, and that they tarry no longer in the aforesaid ports than is required by the motives which impelled them to seek such shelter.

ARTICLE XIII. Italian ships of war, and whaling ships, shall have free access to all the Hawaiian ports; they may there anchor, be repaired and victual their crews; they may proceed from one harbor to another of the Hawaiian Islands for fresh provisions.

In all the ports which are or may be hereafter opened to foreign vessels, Italian ships of war and whalers shall be subject to the same rules which are or may be imposed, and shall enjoy in all respects the same rights, privileges and immunities which are or may be granted to Hawaiian ships and whalers, or to those of the most favored nation.

ARTICLE XIV. Articles of all sorts imported into the ports of either of the contracting States, under the flag of the other, whatever be their origin, and from whatever country imported, shall pay neither, other nor heavier duties of entry, and shall not be subjected to any other charges than if imported under the national flag.

ARTICLE XV. Articles of all sorts exported from either of the two countries, under the flag of the other, from whatever country they may be, shall not be subjected to other duties or other formalities, than if exported under the national flag.

ARTICLE XVI. Italian ships in Hawaiian Islands, and Hawaiian ships in Italy, may discharge a portion of their cargo in the port of their first arrival, and proceed with the rest of their cargo to other ports of the same country, which may be open to foreign trade, whether to complete their unloading or to provide their return cargo, and shall pay in neither port other or heavier duties than those levied on national vessels in similar circumstances.

As regards the coasting trade, the vessels of each country shall be mutually treated on the same footing as the most favored nation.

ARTICLE XVII. During the period allowed by laws of the two countries for the warehousing of goods, no other duties than those for custody and storage shall be levied upon articles imported from one of the two countries into the other, until they shall be removed for transit, re-exportation or internal consumption.

In no case shall such articles pay higher duties or be liable to other formalities than if they had been imported under the national flag, or from the most favored country.

ARTICLE XVIII. Merchandise shipped on board Italian or Hawaiian ships, or belonging to their respective citizens, may be transhipped in the ports of the two countries to a vessel bound for a national or foreign port, according to the custom house regulations of the two countries, and the goods so transhipped for other ports shall be exempt from all duties of customs or warehouses.

ARTICLE XIX. Articles of all sorts proceeding from Italy, or shipped for Italy, shall enjoy in their passage through the territory of the Hawaiian Islands, whether in direct transit or for re-exportation, all the advantages possessed under the same circumstances by the most favored nation.

Reciprocally objects of every sort, the produce of the Hawaiian Islands or sent from that country, shall enjoy in their passage through Italy, the same advantages as are possessed by the most favored nation.

ARTICLE XX. Neither one nor the other of the contracting parties will impose upon the goods proceeding from the soil, the manufactures or the warehouses of the other different or greater duties on importation or re-exportation, than those which shall be imposed on the same merchandise coming from any other foreign country.

Nor shall there be imposed on the goods exported from one country to the other, different or higher duties than if they were exported to any other foreign country.

No restriction or prohibition of importation or exportation shall take place in the reciprocal commerce of the contracting parties which shall not be equally extended to all other nations.

ARTICLE XXI. Consuls-General, Consuls, Vice-consuls and Consular Agents may be established by each country in the other for the protection of commerce, such agents shall not enter upon their functions or enjoyment of the rights, privileges and immunities which belong to them until they have obtained the authorization of the territorial government, which shall, besides, preserve the right of determining the place of residence where Consuls may be established; it being understood that neither Government will impose any restriction which is not common in the country to all nations.

ARTICLE XXII. The Consuls General, Consuls, Vice-Consuls and Consular Agents of Italy, in the Hawaiian Islands, shall enjoy all the rights, privileges, immunities and exemptions enjoyed by the agents of the most favored nation in the same circumstances.

And the same shall be the position in Italy, of the Hawaiian Consuls-General, Consuls, Vice-Consuls and Consular Agents.

ARTICLE XXIII. The desertion of seamen embarked in the vessels of either of the contracting parties shall be severely dealt with in their respective territories. In consequence the Italian consuls shall have the power to cause to be arrested and sent on board, or to Italy, seamen who have deserted Italian vessels in the Hawaiian ports. But for this purpose they must apply to the competent local authorities, and justify, by the exhibition of the original or the duly certified copy of the ship's register, the roll or other official documents to prove that the persons named formed part of the ship's crew. On their application, so supported, the delivery of the seamen shall not be refused.

All aid and assistance shall be given for the discovery and arrest of such deserters, who shall be detained in the prisons of the country, on the requirement and at the expense of the consuls, until they shall find an opportunity of sending them away. if, however, no opportunity shall offer in the course of two months, counting from the day of arrest, the deserters may be set at liberty.

It is understood that seamen who are native Hawaiians shall be excepted from this arrangement and to be treated according to the laws of their own country.

If the deserter have committed any crime in the Hawaiian territory, his release shall not take place till the competent tribunal shall have given judgement, and this judgement been carried into execution.

Hawaiian consuls shall possess exactly the same rights in Italy, and it is formally agreed between the two contracting parties, that every other favor or facility granted or to be granted by either to any other power for the arrest of deserters shall be also granted to the present contracting parties as fully as if they had formed part of the present treaty.

ARTICLE XXIV. All operations connected with the salvage of stranded or wrecked Italian vessels on the Hawaiian coasts shall be superintended by the Consular Agent of Italy, and reciprocally the Consular Hawaiian Agents shall superintend the operations connected with the salvage of Hawaiian vessels stranded or wrecked on the Italian coasts.

But if the parties interested happen to be on the spot, or the captain possess adequate powers, the administration of the wreck shall be committed to them.

The intervention of the local authorities shall only be applied to the maintenance of order, to guarantee the rights of the salvors if they do not belong to the ship-wrecked crew, and to insure the execution of the measures to be taken for the entry and departure of the saved goods. In the absence and until the arrival of the Consular Agents, the local authorities will take the needful steps for the protection of persons and property wrecked.

The goods saved shall never be subjected to customs or duty, unless they are disposed of for home consumption.

ARTICLE XXV. The ships, merchandise and effects belonging to the respective citizens which may have been taken by pirates or conveyed to or found in the ports of either of the contracting parties, shall be delivered to their owners on payment of the expenses should there be such, the amount to be determined by the competent tribunals when the right of the proprietor shall be proved before these tribunals, and the claim being made within the space of eighteen months by the interested parties, by their attorneys, or by the agents of their respective Governments.

ARTICLE XXVI. If, from a concurrence of unfortunate circumstances, differences between the contracting parties should cause an interruption of the relations of friendship between them, and that after having exhausted the means of an amicable and conciliatory discussion, the object of their mutual desire should not have been completely attained, the arbitration of a third power, equally the friend of both, shall by a common accord be appealed to, in order to avoid by this means a definitive rupture.

ARTICLE XXVII. The present treaty shall be in vigor for ten years, to commence six months after the exchange of ratification. If a year before the expiration of this term neither of the contracting parties shall have announced, by an official declaration, its intention of terminating it, the treaty shall still remain in force for a year, and so continue from year to year.

ARTICLE XXVIII. The present treaty shall be ratified and the ratification exchanged at Paris, within the space of a year and a half, or earlier if may be.

In faith whereof, the respective Plenipotentiaries have signed the same, and thereto affixed their seals.

Done in duplicate at Paris, the 22d of July, 1863.

[ L. S. ]	Constantino Nigra
[ L. S. ]	John Bowring

ADDITION ARTICLE to the Treaty of Commerce and Navigation, concluded between the Kingdom of Italy and the Hawaiian Islands, at Paris, the 22d day of July, 1863.

The two high contracting parties agree: That whatever privilege, immunity, favor or diminution of duties on commerce or navigation, which may be granted by either of the two States to any other power, shall immediately, and of full right, be conceded to the other contracting party, without any compensation.

The two high contracting parties further agree to conform to the principles, adopted by the Congress of Paris, as announced in the Declaration of the 16th of April, 1856, with reference to privateering and to neutral rights of blockade, as follows:

• Privateering is and remains abolished.
• The neutral flag shall cover the goods of the enemy, with the exception of contraband of war.
• Neutral merchandise, with the exception of contraband of war, shall not be sequestered under an enemy's flag.
• Blockades, in order to be recognized, must be effective, i.e., they shall be maintained by a force really sufficient to prevent access to the littoral of the enemy.

The present additional article is considered as an integral part of the Treaty of Commerce and Navigation, concluded between the Kingdom of Italy and the Hawaiian Kingdom, at Paris, the 22d July, 1865.

It shall have the same force and duration, and it shall be included in the ratifications of the same Treaty.

Paris, the 27th of February, 1869.

[ L. S. ]	Nigra
[ L. S. ]	John Bowring

Know all Men, that whereas His Majesty the King and Her Majesty the Queen of Spain did on the 9th day of October, in the year of Our Lord Eighteen Hundred and Sixty-three, at London, by their respective Plenipotentiaries, negotiate a Treaty of Peace and Friendship, which said Treaty is word for word, as follows:

Her Majesty the Queen of Spain, on the one part, and His Majesty the King of the Hawaiian Islands on the other part, desiring to facilitate the establishment of commercial relations between Spain and the Hawaiian Islands and to favor their development by a Treaty of Amity, Commerce and Navigation suited for securing to the two countries equal and reciprocal advantages, have nominated to this purpose for their Plenipotentiaries, that is to say: Her Majesty the Queen of Spain, Don Juan Tomas Comyn, Knight Grand Cross of the Royal Order of Isabella the Catholic, Knight Commander of the Royal distinguished Order of Charles the Third, Grand Cross of the Order of Phillip the Magnanimous of Hesse, of that of Christ of Portugal, &c., Grand Officer of the Legion of Honor of France, Commander of the Order of Our Lady of Villaviciosa of Portugal and of the Red Eagle of Prussia, &c., Chamberlain of Her Catholic Majesty, late Royal Councillor in extraordinary and Her actual Envoy Extraordinary and Minister Plenipotentiary at the Court of Her Britannic Majesty; and His Majesty the King of the Hawaiian Islands, Sir John Bowring, Knight Bachelor of Great Britain. Who, having mutually communicated their powers, and found them in good and true form, have agreed on the following Articles:

ARTICLE I. There shall be perpetual peace and constant friendship between the Kingdom of Spain and that of the Hawaiian Islands, and between the citizens of the two countries, without exception of person of place.

ARTICLE II. There shall be, between Spain and the Hawaiian Islands, reciprocal freedom in commerce and navigation. Spaniards in the Hawaiian Islands, and Hawaiian subjects in Spain, may enter in the same liberty and security with their vessels and cargoes as are enjoyed by the natives of the respective countries, in all places, ports and rivers which are, or shall in future be open to foreign commerce; provided, always, that the police regulations employed for the protection of the citizens of the most favored nations be respected.

ARTICLE III. The citizens of each of the contracting parties may, like the natives in the respective territories, travel or reside, trade wholesale or retail, let or occupy the houses, stores and shops which they may require; they may carry on the transport of merchandise and money, and receive consignments; they may also, when they have resided more than a year in the country, and their goods, chattels or movables which they there possess shall offer a sufficient security, be admitted as sureties in Custom-house transactions. The citizens of both countries shall, on a footing of perfect equality, be free both to purchase and to sell, to establish and to fix the price of goods, merchandise and articles of every kind, whether imported or of home manufacture, whether for home consumption or for exportation. They shall also enjoy liberty to carry on their business themselves, to present to the Custom-house their own declarations; or to have their places supplied by their own attorneys, factors, consignees, agents or interpreters, whether in the purchase or sale of their goods, property or merchandise; whether for the loading or unloading and expedition of their vessels.

They shall also have the right to fulfill all the functions that are confided to them by their own countrymen, by strangers, or by natives, in the position of attorneys, factors, agents, consignees, or interpreters.

For the performance of all these acts, they shall conform to all the laws and regulations of the country, and they shall not be subject, in any case, to any other charges, restrictions, taxes or impositions than those to which the natives are subject; provided, always, that the police regulations employed for the protection of the citizens of the most favored nation be respected. It is also specially provided, that all the advantages of any kind whatever, actually granted by the laws and decrees now in force, or which in future shall be accorded to foreign settlers, shall be guaranteed to Spaniards established, or who establish themselves in whatever position they may deem fit in the Hawaiian territory, and the same shall hold good for Hawaiian subjects in Spain.

ARTICLE IV. The respective citizens of the two countries shall enjoy the most constant and complete protection for their persons and property. Consequently, they shall have free and easy access to the courts of justice in the pursuit and defence of their rights, in every instance and degree of jurisdiction established by the laws. They shall be at liberty, under any circumstances, to employ lawyers, advocates or agents from any class, whom they may see fit to authorize to act in their name. In fine, they shall in all respects enjoy the same rights and privileges which are granted to natives, and they shall be subject to the same conditions.

ARTICLE V. The Spaniards in the Hawaiian Islands, and the Hawaiians in Spain, shall be exempt from all service, whether in the army or navy, or in the national guard or militia, and they cannot be subject to any other charges, restrictions, taxes or impositions on their property, furniture or movables, than those to which the natives themselves are subject.

ARTICLE VI. The citizens of both countries respectively shall not be subject to any embargo, nor to be detained with their vessels, luggage, cargoes or commercial effects for any military expedition whatever, nor for any public or private service whatever, unless the government or local authority shall have previously agreed with the parties interested, that a just indemnity shall be granted for such service, and for such compensation as might fairly be required for the wrong which (not being purely fortuitous) may have grown out of the service which they have voluntarily undertaken.

ARTICLE VII. Citizens of either of the contracting parties shall, on the respective territories, have the right of possessing property of any sort, and disposing of it on the same conditions as native subjects.

Spaniards shall enjoy in all the Hawaiian territories the right of collecting and transmitting successions ab intestato or testamentary as Hawaiians, according to the laws of the country without being subjected as strangers to any burthens or imposts which are not paid by the natives.

Reciprocally Hawaiian subjects shall enjoy in Spain the right of collecting and transmitting succession ab intestato or testamentary, on the same conditions as Spaniards, according to the laws of the country, and without being subject as strangers to any charge or impost not paid by the natives.

The same reciprocity between the citizens of the two countries shall exist for donations inter vivos. On the exportation of property collected or acquired under any head by Spaniards in the Hawaiian Islands, or by Hawaiians in Spain, there shall be no duty on removal or immigration, nor any duty whatever to which natives are not subjected.

ARTICLE VIII. All Spanish or Hawaiian vessels, sailing under their respective colors, and which shall be bearers of the ship's papers and documents required by the laws of the respective countries shall be considered as national vessels.

ARTICLE IX. Spanish vessels which shall arrive either in ballast or laden in Hawaiian ports, or which shall leave the same, and reciprocally, Hawaiian vessels which, either in ballast or laden, enter or leave the ports of Spain, whether by sea, river or canals, whatever be the place of their departure or that of their destination, shall not be subject either at entry, or departure, to duties on tonnage, port or transit, pilotages, anchorage, shifting, light-houses, sluices, canals, quarantines, salvage, bonding-warehouses, patents, brokerage, navigation, passage, or to any duties or charges whatever, levied on the hulks of vessels received or established for the benefit of the government, public functionaries, communes or establishments of any sort other than those which are now or may hereafter be levied on national vessels.

ARTICLE X. In all that regards the stationing, the loading and unloading of vessels in the ports, roadsteads, harbors and docks, and generally for all the formalities and arrangements whatever to which vessels employed in commerce, with their freights and loading may be subject, it is agreed that no privilege shall be granted to national vessels, which shall not be equally granted to vessels of the other country, the intention of the high contracting parties being that in this respect also the respective vessels shall be treated on the footing of perfect equality.

ARTICLE XI. Vessels of the subjects of the contracting parties, compelled to seek shelter in the ports of the other, shall pay neither on the vessels nor the cargo more duties than those levied on national vessels in the same situation; provided, that the necessity of such shelter seeking be legally shown; that the vessels shall carry on no commercial speculations, and that they tarry no longer in the aforesaid ports than is required by the motives which impelled them to seek such shelter.

ARTICLE XII. Spanish ships of war, and whaling ships, shall have free access to all the Hawaiian ports; they may there anchor, be repaired and victual their crews; they may proceed from one harbor to another of the Hawaiian Islands for fresh provisions.

At all the ports which are or may be hereafter opened to foreign vessels, Spanish ships of war and whalers shall be subject to the same rules which are or may be imposed, and shall enjoy in all respects the same rights, privileges and immunities which are or may be granted to Hawaiian ships and whalers, or to those of the most favored nation.

ARTICLE XIII. Articles of all sorts imported into the ports of either of the contracting States, under the flag of the other, whatever be their origin, and from whatever country imported, shall pay neither, other nor heavier duties of entry, and shall not be subjected to any other charges than those imposed on vessels under the flag of the most favored nation.

ARTICLE XIV. Spanish ships in the Hawaiian Islands, and Hawaiian ships in Spain, may discharge a portion of their cargo in the port of their first arrival, and proceed with the rest of their cargo to other ports of the same country, which may be open to foreign trade, whether to complete their unloading or to provide their return cargo, and shall pay in neither port other or heavier duties than those levied on national vessels in similar circumstances.

As regards the coasting trade, the vessels of each country shall be mutually treated on the same footing as the most favored nation.

ARTICLE XV. During the period allowed by laws of the two countries for the warehousing of goods, no other duties than those for custody and storage shall be levied upon articles imported from one of the two countries into the other, until they shall be removed for transit, re-exportation or internal consumption.

In no case shall such articles pay higher duties or be liable to other formalities than if they had been imported under the national flag, or from the most favored country.

ARTICLE XVI. Merchandise shipped on board Spanish or Hawaiian ships, or belonging to their respective citizens, may be transhipped in the ports of the two countries to a vessel bound for a national or foreign port, according to the custom house regulations of the two countries, and the goods so transhipped for other ports shall be exempt from all duties of customs or warehouses.

ARTICLE XVII. Articles of all sorts proceeding from Spain, or shipped for Spain, shall enjoy in their passage through the territory of the Hawaiian Islands, whether in direct transit or for re-exportation, all the advantages possessed under the same circumstances by the most favored nation.

Reciprocally, the articles of every sort proceeding from the Hawaiian Islands or sent for that country, shall enjoy in their passage through Spain, the same advantages as are possessed by the most favored nation.

ARTICLE XVIII. Neither one nor the other of the contracting parties will impose upon the goods proceeding from the soil, the manufactures or the warehouses of the other different or greater duties on importation or re-exportation, than those which shall be imposed on the same merchandise coming from any other foreign country.

Nor shall there be imposed on the goods exported form one country to the other, different or higher duties than if they were exported to any other foreign country.

No restriction or prohibition of importation or exportation shall take place in the reciprocal commerce of the contracting parties which shall not be equally extended to all other nations.

ARTICLE XIX. Consuls-General, Consuls, Vice-consuls and Consular Agents may be established by each country in the other for the protection of commerce, such agents shall not enter upon their functions or enjoyment of the rights, privileges and immunities which belong to them until they have obtained the authorization of the territorial government, which shall, besides, preserve the right of determining the place of residence where Consuls may be established; it being understood that neither Government will impose any restriction which is not common in the country to all nations.

ARTICLE XX. The Consuls-General, Consuls, Vice-Consuls and Consular Agents of Spain, in the Hawaiian Islands, shall enjoy all the rights, privileges, immunities and exemptions enjoyed by the agents of the most favored nation in the same circumstances.

And the same shall be the position in Spain, of the Hawaiian Consuls-General, Consuls, Vice-Consuls and Consular Agents.

ARTICLE XXI. The desertion of seamen embarked in the vessels of either of the contracting parties shall be severely dealt with in their respective territories. In consequence the Spanish consuls shall have the power to cause to be arrested and sent on board, or to Spain, seamen who may have deserted Spanish vessels in the Hawaiian ports. But for this purpose they must apply to the competent local authorities, and justify, by the exhibition of the original or the duly certified copy of the ship's register, the roll or other official documents to prove that the persons named formed part of the ship's crew. On this application, so supported, the delivery of the seamen shall not be refused.

All aid and assistance shall be given for the discovery and arrest of such deserters, who shall be detained in the prisons of the country, on the requirement and at the expense of the consuls, until they shall find an opportunity of sending them away. If, however, no opportunity shall offer in the course of two months, counting from the day of arrest, the deserters may be set at liberty.

It is understood that seamen who are native Hawaiians shall be excepted from this arrangement, and be treated according to the laws of their own country.

If the deserter has committed any crime in the Hawaiian territory, his release shall not take place till the competent tribunal shall have given judgment, and this judgment been carried into execution.

Hawaiian consuls shall possess exactly the same rights in Spain, and it is formally agreed between the two contracting parties, that every other favor or facility granted or to be granted by either to any other power for the arrest of deserters shall be also granted to the present contracting parties as fully as if they had formed part of the present treaty.

ARTICLE XXII. All operations connected with the salvage of stranded or wrecked Spanish vessels on the Hawaiian coasts shall be superintended by the Consular Agent of Spain, and reciprocally the Consular Hawaiian Agents shall superintend the operations connected with the salvage of Hawaiian vessels stranded or wrecked on the Spanish coasts.

But if the parties interested find themselves on the spot, or the captain possess adequate powers, the administration of the wreck shall be committed to them.

The intervention of the local authorities shall only be applied to the maintenance of order, to guarantee the rights of the salvors if they do not belong to the ship-wrecked crew, and to insure the execution of the measures to be taken for the entry and departure of the saved goods. In the absence and until the arrival of the Consular Agents, the local authorities will take the needful steps for the protection of persons and property wrecked.

The goods saved shall never be subjected to customs or other duty, unless they are disposed of for home consumption.

ARTICLE XXIII. The ships, merchandise and effects belonging to the respective citizens which may have been taken by pirates or conveyed to or found in the ports of either of the contracting parties, shall be delivered to their owners on payment of the expenses should there be such, the amount to be determined by the competent tribunals when the right of the proprietor shall be proved before these tribunals, and the claim being made within the space of eighteen months by the interested parties, by their attorneys, or by the agents of their respective Governments.

ARTICLE XXIV. If, from a concurrence of unfortunate circumstances, differences between the contracting parties should cause an interruption of the relations of friendship between them, and that after having exhausted the means for an amicable and conciliatory discussion, the object of their mutual desire should not have been completely attained, the arbitration of a third power, equally the friend of both, shall by a common accord be appealed to, in order to avoid by this means a definitive rupture.

ARTICLE XXV. Hawaiian subjects shall enjoy, in the Ultra-marine possessions of Spain, the advantages which are conceded to the subjects of the most favored nation, and in the same possessions, the stipulations of this treaty shall have effect when not openly opposed to the special legislation there existing.

ARTICLE XXVI. All vessels bearing the flag of Spain, shall, in time of war, receive every possible protection, short of active hostility, within the ports and waters of the Hawaiian Islands, and Her Majesty the Queen of Spain engages to respect, in time of war the neutrality of the Hawaiian Islands, and to use her good offices with all the other powers having treaties with the same, to induce them to adopt the same policy toward the said Islands.

ARTICLE XXVII. The present treaty shall be in vigor for ten years, to commence six months after the exchange of ratification. If a year before the expiration of this term neither of the contracting parties shall have announced, by an official declaration, its intention of terminating it, the treaty shall still remain in force for a year, and so continue from year to year.

ARTICLE XXVIII. The present treaty shall be ratified and the ratification exchanged at London, within the space of eighteen months, or earlier if may be.

In faith whereof, the respective Plenipotentiaries have signed the same, and thereto affixed their seals.

Done in duplicate at London, this twenty-ninth day of October, in the year of Our Lord One Thousand Eight Hundred and Sixty-three.

[ L. S. ]	Juan T. Comyn
[ L. S. ]	John Bowring

AND, WHEREAS, The said Treaty has been now duly ratified by His Majesty the King, and His Highness the Regent of Spain, and ratifications exchanged, the said Treaty has become a part of the law of this Kingdom, and all the provisions thereof are to be observed.

[L.S.] Chas. C. Harris, Minister for Foreign Affairs
Foreign Office, Sept. 2,

 

Treaty Of Reciprocity Between The United States Of America And Ko Hawaii Pae Aina

1875

 

Ratified by the Hawaiian Islands April 17, 1875
Ratified by the President of the United States, with amendments, May 31, 1875
Ratifications exchanged at Washington, June 3, 1875
Entered into force September 9, 1876
Supplemented by

The United States of Americas 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 has conferred full powers on Hamilton Fish, Secretary of State, and His Majesty the King of the Hawaiian Islands has conferred like powers on Honorable Elisha H. Allen, Chief Justice of the Supreme Court, Chancellor of the Kingdom, member of the Privy Council of State, His Majesty's Envoy Extraordinary and Minister Plenipontentiary to the United States of America, and Honorable Henry A. P. Carter, member of the Privy Council of State, His Majesty' s special Commissioner 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 right 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 and manufacture or produce of the Hawaiian Islands, into all the ports of the United States free of duty.

SCHEDULE

Arrow-root, castor oil, bananas, nuts, vegetables, dried and undried, preserved and unpreserved; hides and skins, undressed; rice; pulu; seeds; plants, shrubs, or tree; muscovado, brown, and all other unrefined sugar, meaning hereby the grade of sugar heretofore commonly imported from the Hawaiian Islands, and now known in the markets of San Francisco and Portland a " Sandwich Island Sugar ;" syrups of sugar-cane, melado, and molasses; tallow.

ARTICLE II

For and in consideration of the right and privilege granted by the United States of America in the preceding article of this Convention, and as an equivalent therefor, His Majesty the King of the Hawaiian Islands hereby agrees to admit all the articles named in the following schedule, the same being the growth, manufacture, or produce of the United States of America, into all the ports of the Hawaiian Islands free of duty.

SCHEDULE

Agricultural implements; animals; beef, bacon, pork, ham, and all fresh, smoked, or preserved meat; boots and shoes; grain, flour, meal, and bran. Bread and breadstuff, of all kinds; bricks, lime, and cement; butter, cheese, lard, tallow; bullion; coal; cordage, naval stores, including tar, pitch, resin, turpentine raw and rectified; copper and composition sheating; nails and bolts; cotton and manufactures of cotton, bleached and unbleached, and whether or not colored, stained, painted, or printed; eggs; fish and oysters, and all other creatures living in the water, and the produce thereof; fruits, nuts, and vegetables, green, dried, or undried, preserved or unpreserved; hardware; hides, furs, skins and pelts, dressed or undressed; hoop iron and rivets, nails, spikes and bolts, sacks, brads, or sprigs; ice; iron and steel and manufactures thereof; leather; lumber and timber of all kinds, round, hewed, sawed and unmanufactured, in hole or in part; doors, sashes, and blinds; machinery of all kinds, engines and parts thereof; oats and hay; paper, stationary, and books, and all manufactures of paper or paper and wood; petroleum and all oils for lubricating or illuminating purposes; plants shrubs, trees, and seeds; rice; sugar, refined or unrefined; salt; soap; shooks, staves, and headings; wool and manufactures of wool, other than read-made clothing; wagons and carts for the purposes of agriculture or of dryage; wood and manufacture of wood, or of wood and metal, except furniture either upholstered or carved, and carriages; textile manufactures made of a combination of wool, cotton, silk, or linen, or of any two or more of them other than when ready-made clothing; harness and all manufactures of leather; starch; and tobacco, whether in leaf or manufactured.

ARTICLE III

The evidence that articles proposed to be admitted into the ports of the United States of America, or the ports of the Hawaiian Islands, free of duty, under the first and second articles of this Convention, are the growth, manufacture, or produce of the United States of America or of the Hawaiian Islands, respectively, shall be established under such rules and regulations and conditions for the protection of the revenue as the two Governments may from time to time respectively prescribe.

ARTICLE IV

No export duty or charges shall be imposed in the Hawaiian Islands, or in the United States, upon any of the articles proposed to be admitted into the ports of the United States or the ports of the Hawaiian Islands free of duty under the first and second articles of this Convention. It is agreed, on the part of His Hawaiian Majesty, that, so long as this Treaty shall remain in force, he will not lease or otherwise dispose of or create any lien upon any port, harbor, or other territory in his dominions, or grant so special privilege or right of use therein, to any other power, state, or government, nor make any treaty by which any other nation shall obtain the same privileges, relative to the admission of any articles free of duty hereby secured to the United States.

ARTICLE V

The present Convention shall take effect as soon as it shall have been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and shall have been ratified and duly proclaimed on the part of the government of the United States, but not until a law to carry it into operation shall have been passed by the Congress of the United States of America. Such assent having been given and the ratifications of the Convention having been exchanged provided in Article I., this CConventionshall remain in force for seven years from the date at which it may come. into operation; and further, until the expiration of twelve months after either of the contracting parties shall give notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said term of seven years, or at an time tthereafter.

ARTICLE VI

The present Convention shall be duly ratified and the ratification exchanged at Washington City, within eighteen months from the date hereof, or earlier if possible.

In faith whereof the respective Plenipotentiaries of the high contracting parties have signed this present Convention, and have affixed thereto their respective seal.

Done in duplicate, at Washington, the thirteenth day of January, in the year of our Lord one thousand eight hundred and seventy-five.

HAMILTON FISH
ELISHA H. ALLEN
HENRY A.P. CARTER

King Kalaukaua in his speech before the opening session of the 1887 Hawaiian Legislature stated:

"I take great pleasure in informing you that the Treaty of Reciprocity with the United States of America has been definitely extended for seven years upon the same terms as those in the original treaty, with the addition of a clause granting to national vessels of the United States the exclusive privilege of entering Pearl River Harbor and establishing there a coaling and repair station. This has been done after mature deliberation and the interchange between my Government and that of the United States of an interpretation of the said clause whereby it is agreed and understood that it does not cede any territory or part with or impair any right of sovereignty or jurisdiction on the part of the Hawaiian Kingdom and that such privilege is coterminous with the treaty.

I regard this as one of the most important events of my reign, and I sincerely believe that it will re-establish the commercial progress and prosperity which began with the Reciprocity Treaty."

Department of Foreign Affairs:
Honolulu, December 8, 1887
Foreign Minister Brown:

Hon. S. G. Wilder, President Legislature, 1887-Sir:

In reply to the hon. member for Wailuku (Hon. W.F. Daniels), I have the honor to state that the paragraph in His Majesty's address to the Legislature was founded upon the information received and the advise given to His Majesty by His Majesty's Ministers. The paragraph referred to says that "after mature deliberation and the interchange between my Government and that of the United States of an interpretation of the said clause whereby it is agreed and understood that it does not cede any territory or part with or impair any right of sovereignty or jurisdiction on the part of the Hawaiian Kingdom and that such privilege is coterminous with the treaty" and that "the Treaty of Reciprocity with the United States of America has been definitely extended for seven years upon the same terms as those in the original treaty".

The notes exchanged between Mr. Carter and Mr. Bayard in regard to the construction and interpretation of the U.S. Senates amendment are accepted as sufficient to justify His Majesty's Government, relying upon the good faith of the United States in adopting the amendment. These notes are hereafter referred to.

On October 19, 1887, I had the honor to state to H.B.M.'s Commissioner, in dispatch to him on this subject that " all rights, the sovereignty and independence of this Kingdom are to be conserved, such a privilege could not have been conceded to any other power, the status of other nations possessing treaties with Hawaii is unchanged by the preferential character of the article, and in on other respect has any preference been given which has not hither to been enjoyed by the United States."

There is not "saving clause" in the ratification by the Hawaiian Government "misconstruction." The reliance is placed upon the good faith of the United States Government to adhere to the notes of interpretation through which the exchange of ratification was agreed upon. In the event of any doubt appearing as to the true intent and meaning of any clause or part of a treaty, notes explanatory thereof have been exchanged prior to ratification, and these notes have afterwards been held to give the true interpretation of the clause held to be vague or ambiguous.

There are precedents for this course, and the notes exchanged between H.M.'s Ministers Plenipotentiary at Washington and the Hon. Secretary of State, prior to the exchange of ratifications, which I have had the honor to place before the Legislature, Mr. Carter says: "The amendment which now you officially communicate to me was inserted into the convention in secret session of the Senate, and no opportunity was given mutual consultation and consideration of its terms, consequently my Government has had no part in its construction, and could not have suggested any changes, in its working to guard against misapprehension. Under these circumstances it becomes proper in me, before transmitting it to my Government, to ascertain the views of the Government of the U.S. as to the construction proper to be put upon the interpolated article.

The first question of construction has reference to the effect of the license, or right, to enter the harbor or Pearl River, upon the jurisdiction of the Hawaiian Government over the harbor. It would seem to be clear that the question of Hawaiian jurisdiction is left untouched by the article, and that in the event of the United States availing itself of the right stipulated for, autonomous control of the Hawaiian Government remains the same as its control over other harbors in the group where national vessels may be except that the article, in accordance with the article IV of the existing convention, prevents the Hawaiian Government from granting similar exclusive privileges during the continuance of the convention to any other nation.

As no especial jurisdiction is stipulated for in the article inserted by the Senate, it cannot be inferred from anything in the article that it was the intention of the Senate to invade the autonomous jurisdiction of Hawaii, and to transfer the absolute property in and jurisdiction over the harbor to the Untied States.

To satisfy the natural and proper susceptibilities of Hawaiians, of which I have heretofore informed you, strong intimations have emanated from those charged with the administration of my Government with their communications to me, I take occasion to say that I consider it probable that my Government will desire that its understanding of the article in this respect shall be made known to the Government of the United States.

Another point which to some minds may be left in doubt that would be the duration of the license or right granted by the interpolated article.

The article mentions no special term for continuance of the privileges, but as the whole, and only purpose of the convention into which the article was inserted was, as stated in its preamble, to fix the definite limitation of the duration of the existing convention providing for the reciprocal exchange of privileges, to which this privilege is added by virtue of this interpolated article, it follows in the absence of any stipulation to the contrary that its term of duration would be the same as that fixed for the other privileges given by the original convention.

The only excuse for the insertion of such an article into a treaty of this nature would be its relevancy to the privileges stipulated for in the original convention of 1875, to which this is supplementary and the duration of which this convention is intended to limit and define.

No separate single article or part of a treaty can be held to have a continuing power apart from the rest of the treaty unless provided for in specific terms. The supplementary provisions and the original provisions which they effect, are necessary merged into one instrument to be dealt with tthroughoutas a whole.

It could not have been expected in the Senate that Hawaii would consent to a perpetual grant of the privilege sought in return for seven years' extension of the treaty of 1875, especially in view of the danger of a material lessening of the advantages to Hawaii by changes in tariff laws of the United States, and it must be apparent that if any different term of duration was intended it would have been stipulated for, as it cannot be thought that the Senate had any other intent than that plainly set forth.

"Therefore the conclusion which I have reached and which I think is the obvious conclusion to be drawn from the words of the interpolated article is that it does not and is not intended to invade or diminish in any way autonomous jurisdiction of Hawaii, while giving to the United States the exclusive rights of use in Pearl harbor stipulated therein for the sole purposes stated in the article, and further, that the article II of the convention and the privilege conveyed by it will cease and determine with the termination of the treaty of 1875, under the conditions fixed by this convention.

"I apprehend that my Government will agree with my conclusions and that in considering the advisability of ratifying the convention with this amendment inserted by the U.S. Senate my Sovereign will doubtless be aided in coming to a favorable conclusion if it shall be found that on these questions of interpretation of the convention the two Governments do not differ, and the Hawaiian Government will doubtless desire that their understanding, which I believe I have set forth in this note, shall be fully understood by the Government of the Untied States before ratifications are exchanged.

In correspondence between the two government's representative on December 8, 1887 the United States Secretary Bayard replied as follows:

"The amendment relating to the harbor of Pearl River was adopted in its Executive Session by the Senate, and I have no other means of arriving at its extent and meaning than the words employed naturally import.

"No ambiguity or obscurity in that amendment is observable, and I can discern therein no subtraction from Hawaiian Sovereignty over the harbor to which it relates nor any language importing a longer duration for the interpolated Article II than is provide for in article I of the supplementary convention.

"The limitation of my official powers does not make it competent for me in this connection to qualify, expand or explain the amendments engrafted on that convention by the Senate, but in the present case, I am unable to perceive any need for auxiliary interpretation or ground for doubt as to the plain scope and meaning thereof, and as the President desires a ratification of the supplementary convention in its present shape, I can see no cause for misapprehension by your Government for the manifest effect and meaning of the amendment in question.

"I therefor trust that it will be treated as it is tendered in simple good faith and accepted without doubt or hesitation."

As the notes above referred to are regarded as being a correct interpretation of the construction of the amendment, His Majesty's Government have accepted them in reliance that the U.S. Government will sustain the expressions of opinion of the present secretary of State.

Respectfully submitted:

GODFREY BROWN
Minister of Foreign Affairs.
December 8, 1887

 

 

Treaty Of Friendship, Commerce
And Navigation And Consular Convention

Between The German Empire
And Ko Hawaii Pae Aina

1879

His Majesty the German Emperor, King of Prussia, in the name of the German Empire on the one part, and His Majesty the King of the Hawaiian Islands on the other part, being desirous to maintain and improve the relations of good understanding which happily subsist between Germany and the Hawaiian Islands, to promote the development of commerce and navigation between the two countries and to define the rights, privileges, immunities and duties of the respective Consular officers, have deemed it expedient to conclude a Treaty of Friendship, Commerce and Navigation and a Consular Convention, and have for that purpose appointed their respective Plenipotentiaries namely:

His Majesty the German Emperor, King of Prussia; His Superior Privy Councilor of Government Dr. Johannes Rosing and His Privy Councilor of Legation, Hermann Adolph Heinrich Albrecht von Kusserow and His Majesty the King of the Hawaiian Islands:  His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the German Emperor Henry A. P. Carter; who after having communicated to each other their respective full powers, found to be in good and due form, have agreed to and signed the following articles:

    ARTICLE I.  There shall be perpetual friendship and peace between the German Empire and the Kingdom of the Hawaiian Islands and between the subjects and citizens of the two countries.

    ARTICLE II.  The subjects and citizens of the two High Contracting Parties may remain and reside in any part of said territories respectively and shall receive and enjoy full and perfect protection for their persons and property.  They shall have fee and easy access to the courts of justice, provided by law, in pursuit and defense of their rights, and they shall be at liberty to choose and employ lawyers, advocates or agents to pursue or defend their rights before such courts of justice; and they shall enjoy in this respect all the rights and privileges as native subjects or citizens.
    In whatever relates to rights of residence, to the possession of real estate, goods and effects of any kind, to the succession to real or personal estate, by will or otherwise, and the disposal of property of any sort and in any manner whatsoever, the subjects and citizens of each Contracting Party shall enjoy the territories of the other the same privileges, liberties and rights and shall be subject only to the same imposts or charges in these respects as native subjects and citizens.
    In regard to marriages concluded by subjects and citizens of the German Empire in the Kingdom of the Hawaiian Islands and by Hawaiian subjects and citizens in the German Empire, the form of marriage shall be regulated by the laws of the country where the marriage is concluded.
    The subjects or citizens of each of the High Contracting Parties shall enjoy in the dominions of the other entire liberty of conscience and of private or public exercise of their worship and all the guarantees, rights and protection now ensures, or that may be hereafter ensures to native subjects and citizens, or to the subjects and citizens of any other nation.  This liberty and protection shall extend also to the right of burying their respective countrymen according to their religious customs, in suitable and convenient places, which they may establish and maintain for that purpose, subject always to the local laws and regulations.
    The subjects and citizens of either of the Contracting Parties residing in the territories of the other shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans or military exactions or requisitions, and they shall not be compelled under any pretext whatsoever to pay any ordinary charges, requisitions or taxes, other or higher than those that are or may be paid by native subjects or citizens.
    They shall not be subject to any embargo, nor be detained with their vessels, crews, cargoes or commercial effects, to be used for any military expedition whatever, or for any public or private service whatever, unless the Government or local authority shall have previously agreed with the parties interested on the indemnity to be granted for such service and for such compensation, as may fairly be required for the injury, which (not being purely fortuitous) may grow out of the service, which they have voluntarily undertaken.

    ARTICLE III.  There shall be between the dominions of the High Contracting Parties a reciprocal freedom of Commerce and Navigation.
    The subjects and citizens of the two Contracting Parties shall have liberty to travel in any part of said territories respectively and hire and occupy houses and warehouses; and they may trade, by wholesale or retail, in all kinds of produce, manufactures and merchandise of lawful commerce without being restrained or prejudiced by any monopoly, contract or exclusive privilege of sale or purchase whatever, subject only to the laws, police and customs regulations of the country, like native subjects or citizens.
    They shall have liberty, freely and securely, to come and go with their ships and cargoes to all places, ports and rivers in the territories of the other, which are or may be opened to foreign commerce, and they shall have liberty, there to discharge under the same conditions as natives or the subjects of any other nation, wholly or in part, the cargoes imported by them from abroad, and to lay in and complete, wholly or in part, their return cargoes.  This liberty however shall not apply to the coasting trade, which the High Contracting Parties reserve to be regulated by the laws of their respective countries; but it is understood, that the subjects and citizens of the High Contracting Parties shall enjoy also in this respect the rights, which are or may be granted, under such laws, to the subjects and citizens of any other country.
    No other or higher duties or charges on account of tonnage, light or harbor dues, pilotage, quarantine, salvage in case of damage or ship wreck, or any other local charges, shall be imposed in any of the ports of the two countries respectively than shall be payable by vessels of the country, to whose dominions such ports belong; and for computing such dues upon tonnage the ships' registers shall be taken as indicating the tonnage expressed therein under the system of admeasurement actually adopted by both countries, save any additions or deductions authorized by the admeasurement laws of the respective countries.
    It is agreed that German or Hawaiian ships sailing under the flag of their respective country and provided with the papers and documents required by the laws of their respect country shall, for the purposes of this Treaty, be deemed such vessels as their flag and papers show.
    In fact, the two High Contracting Parties agree that any favor, privilege or immunity whatever in matters of trade, commerce or navigation which either Contracting Party has actually granted, or may hereafter grant to subjects and citizens of their own (without prejudice to the coasting trade before mentioned or to such other trade, as they may by law exclusively reserve to their respective subjects or citizens), or of any other country, shall be extended to the subjects and citizens of the other party under the conditions and regulations, gratuitously, if such concession shall have been made gratuitously, or (without prejudice to the matter of customs duties treated of in the following articles) in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement if such concession shall have been conditional.

    ARTICLE IV.  No other or higher duties shall be imposed on the importation into the Hawaiian Islands of any article the growth, produce or manufacture of the German Empire, and no other of higher duties shall be imposed on the importation into the German Empire of any article, the growth, produce of manufacture of the Hawaiian Islands, than are or shall be payable on the like article being the growth, produce or manufacture of any foreign country.

    ARTICLE V.  No prohibition shall be imposed upon the importation of any article, the growth, produce or manufacture of the territories of either of the two Contracting Parties into the territories of the other, which shall not equally extend to the importation of the like article being the growth, produce or manufacture of any other country; without prejudice however to the reciprocal right of temporarily prohibiting from sanitary reasons the importation of certain articles from the territories of the other Contracting Parties.
    Nor shall any prohibition be imposed upon the exportation of any article from the territories of either of the two Contracting Parties to the territories of the other, which shall not equally extend to the exportation of the like article to the territories of all other nations.

    ARTICLE VI.  The same duties shall be paid on the importation into the dominions of either of the Contracting Parties of any article, which is, or may be legally imported therein by native or foreign subjects and citizens, whether such importation shall be in German or in Hawaiian vessels.  The same duties shall be paid and the same bounties or drawbacks allowed on the exportation of any article from the dominion of either of the Contracting Parties, which is or may be legally exportable therefrom by native or foreign subjects and citizens, whether such exportation shall be in German or in Hawaiian vessels.
    Merchandise shipped on board German or Hawaiian ships or belonging to their respective subjects or citizens may be transshipped in the ports of the two countries to a vessel bound to a national port of entry or for any foreign port, subject always to the custom-house regulations of the two countries, and the goods so transshipped for foreign ports shall be exempt from all duties of customs or warehouses.
    Articles of all sorts proceeding from or shipped for the two countries respectively shall enjoy in their passage through the territories of the Contracting Parties, whether in direct transit or for re-exportation, all the advantages possessed under the same circumstances by any other nation. 

    ARTICLE VII.  The vessels of war, vessels belonging to the State, mail packets and whaling vessels of either of the Contracting Parties shall have fee access to all ports, rivers or places of the other, which are open to foreign commerce and be at liberty to stay therein, to make repairs and refresh their crews and provisions. They shall be subjected to the same charges, rules, laws and regulations, as are or may be imposed on, and shall enjoy in all respects the same rights, privileges or immunities, which are or may be granted to vessels of the same class of any other nation.

    ARTICLE VIII.  All vessels bearing the flag of Germany or Hawaii shall in times of war receive every possible protection, short of actual hostility, within the ports and waters of the two countries, and each of the Contracting Parties engages to respect under all circumstances the neutral rights of the flag and the dominions of the other.

    ARTICLE IX.  For the better security of commerce between the respective subjects it is agreed that if at any time any interruption of friendly intercourse should unfortunately take place between the two Contracting Parties, the subjects of either of the two Contracting Parties shall be allowed a year to close up their accounts and dispose of their property; and a safe conduct shall be given them to embark at the port, which they may themselves select.  All subjects of either of the two Contracting Parties, who may be established in the territories of the other in the exercise of any trade or special-employment, shall in such case have the privilege of remaining and continuing such trade and employment therein, without any manner of interruption, in full enjoyment of their liberty and property as long as they behave peaceable and commit no offense against the laws, and their goods and effects of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration or to any other charge or demand than those, which may be made upon the effects or property belonging to native subjects.  In the same case debts between individuals, public funds, and the shares of corporations shall never be confiscated, sequestrated or detained. 

    ARTICLE X.  Each of the Contracting Parties agrees to receive from the other Consuls-General, Consuls, Vice-Consuls and Consular Agents in all its ports, cities and places, except in those, where it may not be convenient to recognize such officers.  This reservation, however shall not apply to one of the Contracting Parties, without also applying to every other Power.

    ARTICLE XI.  The Consuls-General, Consuls, Vice-Consuls or Consular Agents shall be reciprocally received and recognized on the presentation of their commissions in the forms established in their respective countries.  The necessary exequatur for the exercise of their functions shall be furnished to them free of charge, and on the exhibition of this instrument they shall be admitted at once and without difficulty by the territorial authorities, judicial or executive, of the ports, cities and places of their residence and district to the enjoyment of the prerogatives reciprocally granted.  The Government that furnishes the exequatur reserves the right to withhold or withdraw the same on a statement of the reasons, for which it has thought proper to do so.

    ARTICLE XII.  The respective Consuls-General, Consuls, Vice-Consuls or Consular Agents, as well as their Chancellors and Secretaries shall enjoy in the two countries all privileges, exemptions and immunities, which have been granted or in future may be granted to the agents of the same rank of the most favored nation.  Consular officers not being citizens of the country where they are accredited shall enjoy in the country of their residence personal immunity from arrest or imprisonment, except in the case of crimes, exemption from military billetings and contributions, from military service of every sort and other public duties, and from all direct or personal or sumptuary taxes, duties or contributions.  If, however, the said Consular officers are or become owners of real estate in the country, in which they reside, or engage in commerce, they shall be subject to the same taxes and imposts and to the same jurisdiction as citizens of the country, owners of real estate and merchants.  But under no circumstance shall their official income be subject to any tax.  Consular officers, who engage in business or commerce, shall not plead their consular privileges to avoid commercial and other liabilities.  Consular officers of either character shall not in any event be interfered with in the exercise of their official functions further than is indispensable for the administration of the laws of the country.

    ARTICLE XIII.  Consuls-General, Consuls, Vice-Consuls and Consular Agents may place over the outer door of their offices or of their dwellings the arms of their nation with the proper inscription indicative of the office.  And they may also hoist the flag of their country of the Consular edifice, except in places, where a Legation of their country is established.  They may also hoist their flag on board any vessel employed by them in port exclusively for Consular purposes.

    ARTICLE XIV.  The Consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them. When, however, a Consular officer is engaged in other business, the papers relating to the Consulate shall be kept in a separate enclosure, apart from his private papers.

    ARTICLE XV.  In the event of the death, prevention or absence of Consuls-General, Consuls, Vice-Consuls and Consular Agents, their Chancellors or Secretaries, whose official character may have previously been made know to the respective authorities in Germany or in the Hawaiian Islands, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives and immunities granted by this convention to their incumbents.

    ARTICLE XVI.  Consuls-General and Consuls may with the approbation of their respective Governments appoint Acting Consuls as their substitutes in case of hinderance or temporary absence, and Consular Agents in the cities, ports and places within their jurisdiction.  Such Acting Consuls or Consular Agents shall be furnished with a commission by the Consul, who appoints them, or by his Government.  Any substitute thus appointed shall enjoy consular privileges according to Articles XI and XII, while Consular Agents are to be treated as subordinates of the Consul under whose responsibility they act.

    ARTICLE XVII.  Consuls-General, Consuls, Vice-Consuls and Consular Agents shall have the right to apply to the authorities of the respective countries, judicial or executive, within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries, or of international law; to ask information of said authorities and to address the same to the end of protecting the rights and interests of their countrymen, especially in cases of the absence of the latter or of any legal representative of the same, in which cases such Consuls, etc., shall be presumed to be their legal representatives.  If due notice should not be taken of such application the Consular officers aforesaid, in the absence of a Diplomatic Agent of their country, may apply directly to the Government of the country where they reside.

    ARTICLE XVIII.  Consuls-General, Consuls, Vice-Consuls and Consular Agents, of the two countries or their Chancellors, shall have the right conformably to the laws and regulations of the country:

1. To take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the captains and crews, of passengers on board, or merchants or any other citizens of their country;
   
2. To receive and verify unilateral acts, wills and bequests of their countrymen, and any and all acts of agreement entered upon between citizens of their own country, and between such citizens and the citizens or other inhabitants of the country where they reside; and also all contracts between the latter, provided such contracts relate to property situated in, or to business to be transacted in the territory of the nation, which said Consular officers represent.  But nothing in this article shall interfere with the regulations of the Hawaiian Islands regarding labor contracts.
   

    All such acts of agreement and other instruments and also copies and translations thereof, when duly authenticated by such Consuls-General, Consuls, Vice-Consuls or Consular Agents under his official seal, shall be received by the public officials and in courts of justice as legal documents or a s authenticated copies, as the case may be, and shall have the same force and effect as if drawn up or authenticated by competent officers of one or the other of the two countries.

    ARTICLE XIX.  In case of the death of any citizen of Germany in the Hawaiian Islands or of any citizen of the Hawaiian Islands in the German Empire, without having in the country of his or her decease any known heirs or testamentary executors by him or her appointed, the competent local authorities shall at once inform the nearest Consular officer of the nation, to which the deceased belongs, of the circumstances, in order that the necessary information may be immediately forwarded to parties interested.
    The said Consular offices shall have the right to appear personally or by delegate in all proceedings of behalf of the absent heirs or creditors until they are duly represented.  He may also, when he deems it expedient, personally administer upon the estate of the deceased for the benefit of his or her lawful heirs and creditors in accordance with the laws of the country, where the death has taken place.  To that end he shall apply to the competent court for authority, and in the absence of reasonable objection such authority shall be granted.  In all successions to inheritances citizens of each of the Contracting Parties shall pay in the country of the other such duties only as they would be liable to pay if they were citizens of the country, in which the property is situated, or the judicial administration of the same may be exercised.

    ARTICLE XX.  Consuls-General, Consuls, Vice-Consuls and Consular Agents of the two countries are exclusively charged with the inventorying and the safe-keeping of goods and effects of every kind left by the sailors on ships of their nations, who died on board ship or on land, during the voyage, or in the port of destination, or by passengers while attached to the ship.

    ARTICLE XXI.  Consuls-General, Consuls, Vice-Consuls and Consular Agents shall be at liberty to go either in person or by proxy on board vessels of their nation, admitted to entry, and to examine the officers and crews, to examine the ships' papers, to receive declarations concerning their voyage, their destination and the incidents of the voyage, also to draw up manifests and lists for freight, to facilitate the entry and clearance of their vessels, and finally to accompany the said officers or crews before the judicial or administrative authorities of the country, to assist they as their interpreters or agents.  In case of the seizure or detention of any vessel in the ports of either party for violating revenue or other laws, the authorities shall give due notice to the said Consular officers, in order that they may be present at any proceedings with reference to the same, and assist the officers and crew of the ship in courts of law or before any local magistrate.  Upon the non-appearance of the said officers or their representative, the case may be proceeded with in their absence.

    ARTICLE XXII.  Consuls-General, Consuls, Vice-Consuls or Consular Agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall have the exclusive power to take cognizance of and to determine differences of every kind, which may arise either at sea or in port, between the captain, officers and crew, especially also in reference to wages and the execution of mutual contacts.  Neither any court or authority shall on any pretext interfere in these differences, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other that the officers and crew of the vessel are parties to the disturbance or difference.  Except as aforesaid, the local authorities shall confine themselves to the rendering of efficient aid to the Consuls when they may ask it, in order to arrest and hold all persons, whose names are borne in the ships articles and whom they may deem it necessary to detain.  Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authorities and supported by an official extract from the register of the ship or the list of the crew, and shall be held during the whole time of the stay of the vessel in the port at the disposal of the Consuls.  Their release shall be granted only at the request of the Consuls, made in writing.  The expenses of the arrest and detention of those persons shall be paid by the Consuls.

    ARTICLE XXIII.  Consuls-General, Consuls, Vice-Consuls or Consular Agents may arrest the officers, sailors and all other persons making part of the crews of ships of war or merchant-vessels of their nation, who may be guilty or accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country.  To that end the Consuls of Germany in the Hawaiian Islands shall apply to the authorities, and the Consuls of the Hawaiian Islands in Germany shall apply to any of the competent authorities, and make a request in writing to the deserter, supporting it by an official extract of the register of the vessel and the list of the crew, or by other official documents, to show that the men, whom they claim, belong to said crew.  Upon such request alone thus supported and without the exaction of any oath from the Consuls the deserters (not being citizens of the country, where the demand is made either at the time of their shipping or of their arrival in port, or accused of, or under conviction for any crime of offence) shall be given up to the Consuls.  All aid and protection shall be furnished them for the pursuit, seizure and arrest of the deserters, who shall be taken to the prisons of the country and there detained at the request and the expense of the Consuls until the said Consuls may find an opportunity of sending them away.
    If, however, such opportunity should not present itself with the space of six months, counting from the day of the arrest, the deserters shall be set at liberty and shall not again be arrested for the same cause.

    ARTICLE XXIV.  In the absence of an agreement to the contrary between the owners, freighters and insurers all damages suffered at sea by the vessels f the two countries, whether enter port voluntarily or by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls and Consular Agents of the respective countries.  If however, the said Consul-General, Consul, Vice-Consul or Consular Agent is interested in or agent for said vessel or cargo, or if any inhabitant of the country or citizen or subject of a third power shall be interested in the matter, and the parties cannot agree, the local authorities shall decide.

    ARTICLE XXV.  In the event of a vessel belonging to the Government or owned by a citizen of one of the two Contracting Parties being wrecked or cast on shore on the coast of the other, the local authorities shall inform the Consuls-General, Consuls, Vice-Consuls or Consular Agent of the nearest district.  All proceedings relative to the salvage of Hawaiian vessels wrecked or cast on shore in the territorial waters of the German Empire shall take place in accordance with the laws of Germany, and reciprocally, all measures of salvages, relative to German vessels wrecked or cast on shore in the territorial waters of the Hawaiian Islands shall take place in accordance with the laws of the Hawaiian Islands.  The Consular authorities have, in both countries, to intervene only to superintend the proceedings having reference to the repair and revictualling, or if necessary, to the sale of the vessel wrecked or cast on shore, and then only in the absence of parties interested, their factors or agents.  For the intervention of the authorities no charges shall be made, except such as in similar cases are paid by vessel of the nation.
    In case of doubt concerning the nationality of a shipwrecked vessel, the local authorities shall have exclusively the direction of the proceedings provided for in this article.  All merchandise and goods not destined for consumption in the country where the wreck takes place, shall be free of all duties, but subject to regulations of bonded goods.

    ARTICLE XXVI.  The present Treaty shall come in force immediately after the exchange of the ratifications.  In order that the two Contracting Parties may have an opportunity of hereafter treating and agreeing upon such modifications or other arrangements as may tend to the improvement of their mutual intercourse or to the advancement of the interests of their respective subjects, it is agreed that at any time after the 31st day of July, 1882, either of the Contracting Parties may give to the other notice of its intention to terminate Articles IV, V and VI of the present Treaty or to terminate the Treaty as a whole, and that at the expiration of twelve months after the date of such notice, the said articles (if such notice shall have reference only to said articles) or the present Treaty (if such notice shall have been to that effect) and all the stipulations contained therein shall cease to be binding on the two Contracting Parties.

    ARTICLE XXVII.  The present Treaty shall extend also to the Grand Duchy of Luxemburg as long as the same belongs to the German Customs Union.

    ARTICLE XXVIII.  The present Treaty shall be ratified and the ratifications exchanges at Berlin before the 31st day of July, 1880, or sooner if possible.
    In witness whereof, the respective Plenipotentiaries have signed the same and affixed thereto their respective seals.
    Done at Berlin the twenty-fifth day of March, and at Honolulu the nineteenth day of September, in the year of Our Lord one thousand eight hundred and seventy-nine.

[ L. S. ] JOHANNES ROSING, Dr.,
[ L. S. ] H. v. KUSSEROW,
[ L. S. ] HENRY A. P. CARTER.

    SEPARATE ARTICLE.  Certain relations of proximity and other considerations having rendered it important to the Hawaiian Government to enter into mutual arrangements with the Government of the United States of America by a convention concluded at Washington, the 30th day of January, 1875.
    The two High Contracting Parties have agreed, that the special advantages granted by said convention to the United States of America, in consideration of equivalent advantages, shall not in any case be invoked in favor of the relations sanctioned between the two High Contracting Parties by the present Treaty.
    The present separate article shall have the same force and value, as if it were inserted, word for word, in the Treaty signed this day, and shall be ratified at the same time.
        In witness whereof, the respective Plenipotentiaries have signed the same and affixed thereto their respective seals.
    Done at Berlin the twenty-fifth day of March, and at Honolulu the nineteenth day of September, in the year of Our Lord one thousand eight hundred and seventy-nine.

[ L. S. ] JOHANNES ROSING, Dr.,
[ L. S. ] H. v. KUSSEROW,
[ L. S. ] HENRY A. P. CARTER.

    AND WHEREAS, the said Treaty has been now duly ratifies by His Majesty the King and His Imperial Majesty of the German Empire, and ratifications exchanges, the said Treaty has become a part of the law of the Kingdom and all the provisions thereof are to be observed.

[ L. S. ] JOHN MAKINI KAPENA,
Minister of Foreign Affairs

    DECLARATION.  –The undersigned Plenipotentiaries, negotiators of the foregoing Treaty of Friendship, Commerce and Navigations and consular Convention, between the German Empire and the Hawaiian Kingdom, have met to-day and agreed, with the consent of their respective Governments, to the following explanatory notes regarding some dispositions of said Treaty:

    First – The third section of Article II, of said Treaty, in the regard to marriages, concluded by citizens of the one country in the other, in the forms sanctioned by the laws of the latter, shall be considered and held legal and valid likewise in the former country; provided, that in regard to the material conditions of matrimony, no disposition applicable to such case, according to the law of the native country, is violated or contravened by such marriage.

    Second – The clause of Article XII, in regard to the reciprocal exemption of Consular officers, not being citizens of the country where they are accredited, "from all direct or personal or sumptuary taxes, duties or contributions," is not intended in any case to include customs duties.

    Third – The clause in the same Article XII, "if, however, the said Consular officers are, or become owners of real estate in the country where they reside, or engage in commerce," is intended and shall be construed to mean the engaging of any Consular officer in any business or pursuit for profit extraneous to his consular functions.

    Done at Berlin, February 10th, 1880.

HENRY A. P. CARTER,
JOHANNES ROSING,
H. v. KUSSEROW.

 

 

Provisional Convention Between Portugal and Ko Hawaii Pae Aina


1882

 

His Majesty the King of the Hawaiian Islands and His Majesty the King of Portugal and of Algarves, equally desirous of binding and strengthening the relations of friendship and commerce which happily exist between their respective States, have resolved to conclude a Convention to regulate temporarily these relations, until a definite treaty can be made, and for this purpose have appointed their Plenipotentiaries, namely:

His Majesty the King of the Hawaiian Islands, Mr. Henry A.P. Carter, member of His Privy Council of State, Grand Officer of the Royal Order of Kalakaua, His Envoy Extraordinary and Minister Plenipotentiary at this Court; and His Majesty the King of Portugal and the Algarves, Mr. Antonio de Serpa Pimental, Counselor of State, Peer of the Realm, Minister and Secretary of State of Foreign Affairs; who, after communicating each to the other their full powers, which they found in good and due form, agreed to the following:

ARTICLE I. The Consular Agents, the subject, the ships and products of the soil, or of the industry of one of the two countries, will enjoy on the territory of the other the same exemptions, privileges, and immunities which other Consular Agents, subjects, ships and products of the soil, or of the industry of the most favored nation, enjoy.

ARTICLE II. It is, therefore, understood that the special advantages which Portugal may judge convenient to grant to Brazil cannot be claimed by the Hawaiian Islands, in virtue of their right of a most favored nation, and that in the same way, the advantages which these Islands grant to the United States cannot be claimed by Portugal.

ARTICLE III. The High Contracting Parties equally desirous of conciliating individual liberty with regard to the contract for service with the regulations necessary to be adopted to regulate conveniently the emigration, agree that until a definite convention is made for this purpose, the following conditions be observed:

1. That the two Governments will render mutual help to oblige the captains of vessels which transport emigrants from one country to the other to observe the regulations in force in the country where the emigrants embark; with regard to the space which every one ought to occupy, the quantity and quality of food, medicine, and all sanitary and hygienic conditions.

2. That in view of this, the Diplomatic of consular Agents of each of the two countries will be given all the facilities to inspect the vessels that arrive with emigrants to the ports of the other country, and see if the respective captains have complied with the regulations to which the preceding clause refers.

3. That to the same Diplomatic of Consular Agents shall be equally given all the facilities that they may satisfy themselves whether the contracts for service for their countrymen have been fulfilled, and to secure for them, in case of violation, all the protection of the laws and of the local authorities.

ARTICLE IV. The present Convention shall be ratified and the ratifications shall be exchanged in Honolulu or in Lisbon, as soon as possible.

ARTICLE V. The present Convention shall take effect sixty days after the ratifications are exchanged, and will remain in force until one of the High Contracting Parties shall notify the other of its intention to abrogate the Treaty remaining in force (after) one year after this notice, counting from the date of the notification.

It is understood that in all respects when not depending on Legislative authority, the present Convention shall come into effect in the Hawaiian Kingdom as soon as approved by the Hawaiian Government, and in Portugal as soon as such approval shall be notified to the Portuguese Government.

In testimony of which, the respective Plenipotentiaries hereby sign and place their respective seals.

Made in Lisbon, in duplicate, on the fifth day of May, in the year of Our Lord, eighteen hundred and eighty-two.

ANTONIO DE SERPA PIMENTAL,
HENRY A. P. CARTER

AND WHEREAS, We, Kalakaua, have fully examined all the points and articles thereof, by and with the advice of Our Cabinet Council, We have confirmed and ratified the foregoing Provisional Convention, and We do confirm and ratify the same, in the most effectual manner, promising on Our faith and words as King, for Us and Our successors, to fulfill and obserave it faithfully and scrupulously in all its clauses.

In faith of which, We have signed this ratification with Our hand, and have affixed thereto the great Seal of Our Kingdom.

Done at Our Palace of Iolani, in the city of Honolulu, this twenty-sixth day of August, the year of Our Lord one thousand eight hundred and eighty-two, and the eighth of Our Reign.

KALAKAUA REX

By the King:
WALTER MURRAY GIBSON,
MINISTER OF FOREIGN AFFAIRS.

All persons are hereby notified that the above Convention is to be regarded, in all its provisions, as part of the laws of this Kingdom, and respected accordingly.

WALTER MURRAY GIBSON,
Minister of Foreign Affairs,
Department of Foreign Affairs,
Honolulu, August 26th, 1882


 

Ko Hawaii Pae Aina - United States Convention

1884

SUPPLEMENTARY Convention between the United States of America and his Majesty the King of the Hawaiian Islands to limit the duration of the Convention respecting commercial reciprocity between the United States of America and the Hawaiian Kingdom, concluded January 30, 1875.

Concluded December 6, 1884
Ratification advised by the Senate with amendments, January 20, 1887
Ratified by the King of Hawaii, October 20, 1887
Ratifications exchanged at Washington November 9, 1887

Whereas a Convention was concluded between the United States of Ameica; and His Majesty the King of the Hawaiian Islands, on the thirtieth day of January 1875, concerning commercial reciprocity, which the fifth article thereof, was to continue in force for seven years from the date after it was to come into operation, and further, until the expiration of twelve months after either of the High Contracting Parties should give notice to the other of its wish to terminate the same; and

Whereas, the High Contracting parties consider that the increase and consolidation of their mutual commercial interests would be beter promoted by the definite limitation of the duration of the said Convention;

Therefore, the President of the United States of America, and His Majesty the King of the Hawaiian Islands, have appointed:

The President of the United States of America, Frederick T. Frelinghuysen, Secretary of State; and

His Majesty the King of the Hawaiian Islands, Henry A. P. Carter, accredited to the Government of the United States as His Majesty's Envoy Extraordinary and Minister Plenipotentiary;

Who, having exchanged their respective powers, which were found sufficient and in due form, have agreed upon the following articles:

ARTICLE I

The High Contracting Parties agree, that the time fixed for the duration of the said Convention, shall be definitely extended for a term of seven years from the date of the exchange of ratifications hereof, and further, until the expiration of twelve months after either of the High Contracting Parties shall give notice of the other of its wish to terminate the same, each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said term of seven years or at any time thereafter.

ARTICLE II

His Majesty the King of the Hawaiian Islands grants to the Govrnment of the United States the exclusive right to enter the harbor of the Pearl River in the Island of Oahu, and to establish and maintain there a coaling and repair station for the use of vessels of the United States, and to that end the United States may improve the entrance to said harbor and do all other things needful to the purpose aforesaid.

ARTICLE III

The present Convention shall be ratified and the ratifications exchanged at Washington as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have hereunto affixed their respective seals.

Done at the city of Washington the 6th day of December in the year of Our Lord 1884.

Frederick t. Frelinghuysen
Henry A.P. Carter

King Kalaukaua in his speech before the opening session of the 1887 Hawaiian Legislature stated:

"I take great pleasure in informing you that the Treaty of Reciprocity with the United States of America has been definitely extended for seven years upon the same terms as those in the original treaty, with the addition of a clause granting to national vessels of the United States the exclusive privilege of entering Pearl River Harbor and establishing there a coaling and repair station. This has been done after mature deliberation and the interchange between my Government and that of the United States of an interpretation of the said clause whereby it is agreed and understood that it does not cede any territory or part with or impair any right of sovereignty or jurisdiction on the part of the Hawaiian Kingdom and that such privilege is coterminous with the treaty"

In correspondence between the two government's representative on December 8, 1887 the United States Secretary Bayard replied as follows:

"No ambiguity or obscurity in that amendment is observable, and I can discern therin no subtraction from Hawaiian Sovereignty over the harbor to which it relates nor any language importing a longer duration for the interpolated Article II than is provide for in article I of the supplementary convention.

I therefor trust that it will be treated as it is tendered in simple good faith and accepted without doubt or hesitation."