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^&gt; V 'w &lt; zINDEX.:
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TBREATIES ANID CONVENTIONS. PA GE.PAGE.
Agreement touching Consular Notices (Danish and
Hamburg Treaties,) January 25th, 1846..... 19
Belgiutm; October 4th, 1862, (Treaty)................ 71
Bremlen, Ma.Lrch 27th, 1854, (Treaty)............... 43
Denmark, October 19th, 1846, (Treaty)..... 11
Frlance, July 17th, 1839, (Capt. Laplace s Convention). 5
France, March 26th, 1846, (Treaty).................. 7
France, Septemnber 8th, 1858, (Treaty)................ 57
Germlan Empire, 1879-80, (Treaty).................. 129
Great Britain, November 13th, 1836, (Lord E. I'ussell's
Treaty).............................. 3
Grezat Britain, March 26th, 1846, (Treaty).......... 9
Hambuln rg, January 8th, 1848, (Treat)............. 15
Hong-Kong, December 13th, 1884, (Money-Order Regulations)............................... 159
Italy, July 22nd, 1863, (Treaty)......................... 89
JTpan, August 19th, 1871, (Treaty)................... 115
JapaTn, January 28th, 1886, (Convtio)............. 147
Netherlands, October 16th, 1862, (Treaty)............ 79
New South Wales, March 10th, 1874, (Postal Convention)................9................ 1..
Portugal, May 5th, 1882, (Provisional Convention).... 143
Russia, June 19th, 1869, (Treaty)........... 101
Samoa, March 20th, 1887, (Treaty).................. 171
Spain, October 9th, 1863, (Treaty)................ 101.
Swiss Confederation, July 20th, 1864, (Treaty)........ 83
Sweden and Norway, April 5th, 1855 (Treaty).......... 47
Tahttiti, November 24tl, 1853...................... 41
United States of America, October 23rd, 1846, (Conven tion )......................................
United States of America, July 1st, 1870, (Postal Convention)........................I.......... 111.
United States of America, August 19th, 1850, (Treaty). 21
United States of America, June 17th, 1876, (.Reciprocity
T reaty)........................................ 123
United States of America, September llth, 1883, (Money
Order Exchange).............................. 161
Universal Postal Union, March 21th, 1885, (Additional
Act of Lisbon)........................... 151
Universal Postal Union, November 9th, 1886, (Ratification).................................... 1175
Spain,^ Otober ^9h, 3 (Treat* y ) 'i10
Sw~s Cnfeeraion Juy 2th,1864 (T eay....... 83I

a-X
I I S I
t s 2. G

TREATIES AND CONVENTIONS.
(1) CONVENTION,
BETWEEN COMMODORE THOMAS AP CATESBY JONES ON BEHALF OF THE UNITED STATES, AND KAUIKEAOULI (KAMEHAMEHA in), KING OF THE HAWAIIAN ISLANDS, AND HIS GUARDIANS, DEC, 23D, 1826.
ARTICLES OF ARRANGEMENT, made and concluded at Oahu, be:tween Thomas Ap Catesby Jones, appointed by the United
States, of the one part, and Kauikeaouli, King of the Sandwich Islands, and his Guardians, on the other:
ARTICLE I. The peace and friendship subsisting between
the United States and their Majesties the Queen Regent and
k~auikeaouli, King of the Sandwich Islands, and their subjects and people, are hereby confirmed and declared to be
perpetual.
ARTICLE II. The ships and vessels of the United States (as
well as their Consuls and all other citizens,) within the territorial jurisdiction of the Sandwich Islands, together with all
their property, shall be inviolably protected against all enemies of the United States in time of war.
ARTICLE III. The contracting parties, being desirous to
avail themselves of the bounties of Divine Providence, by
promoting the commercial intercourse and friendship subsisting between the respective nations; for the better security of
these desirable objects, their Majesties bind themselves to
receive into their ports and harbors all ships and vessels of
the United States, and to protect, to the uttermost of their
capacity, all such ships and vessels, their cargoes, officers
and crews, so long as they shall behave themselves peacefully,
and not infringe the established laws of the land; the citizens
of the United States being permitted to trade freely with the
people of the Sandwich Islands.
ARTICLE IV. Their Majesties do further agree to extend
the fullest protection within their control to all ships and
vessels of the United States, which may be wrecked on their
shores, and to render every assistance in their power to save
the wreck and her apparel and cargo; and as a reward for the

assistance and protection which the people of the Sandwich
Islands shall afford to all such distressed vessels of the
United States, they shall be entitled to a salvage, or a portion
of the property so saved, which proportion shall be fixed by
a commission of disinterested persons, who shall be chosen
equally by the parties.
ARTICLE V. Citizens of the United States, whether resident or transient, engaged in commerce or trading to the
Sandwich Islands, shall be inviolably protected in their
lawful pursuits; and shall be allowed to sue for and recover,
by judgment, all claims against the subjects of His Majesty
the King, according to strict principles of equity and the
acknowledged practice of civilized nations.
ARTICLE VI Their Majesties do further agree and bind
themselves to discountenance and use all practicable means
to prevent desertion from all American ships which visit the
Sandwich Islands; and to that end it shall be made the duty
of all Governors, Magistrates, Chiefs of Districts, and all
others in authority, to apprehend all deserters and deliver
them over to the master of the vessel from which they hav?
deserted: and for the apprehension of every such deserter
who shall be delivered over as aforesaid, the master, owner
or agent shall pay to the person or persons apprehending
such deserter the sum of six dollars, if taken on the side of
the island near which the vessel is ajchored; but if taken
on the opposite side of the island, the sum shall be twelve
dollars; and if taken on any other island the reward shall
be twenty-four dollars, and shall be a just charge against the
wages of every such deserter.
ARTICLE VII. No tonnage duties or impost shall be exacted
of any citizen of the United States which is not paid by the
citizens or subjects of the nation most favored in commerce
with the Sandwich Islands; and the citizens or subjects of
the Sandwich Islands shall be allowed to trade with the
United States and her Territories upon principles of equal
advantage with the most favored nation.
Done in Council, at Honolulu, Island of Oahu, this 23d
day of December, in the year of our Lord, 1826.
ELISABETA KAAHUMANU,
KARAIMOKU,
BOKI,
HOAPILILIDIA NAMAHANA,
THOMAS AP CATESBY JONES.

(2) ENGLISH TREATY,
OF LORD ED)WARD RUSSELL, NOV. 16TH, 1836.
ARTICLES made and agreed on at Honolulu, Island of Oahu.
the 16th of November, 1836.
ARTICLE I. English subjects shall be permitted to come
with their vessels, and property of whatever kind, to the
Sandwich Islands; they shall also be permitted to reside
therein, as long as they conform to the laws of these Islands,
and to build houses, and warehouses for their merchandize,
with the consent of the King. and good friendship shall
continue between the subjects of both countries, Great
Britain and the Sandwich Islands.
ARTICLE II. English subjects, resident at the Sandwich
Islands, are at liberty to go to their own country, or elsewhere, either in their own or any other vessel; they may
dispose of their effects, enclosures, houses, &amp;c., with the
previous knowledge of the King, and take the value with
them, without any impediment whatever. The land on which
1ouses are built is the property of the King, but the King
shall have no authority to destroy the houses, or in any way
injure the property of any British subject.
ARTICLE III. When an English subject dies on the
Sandwich Islands, his effects shall not be searched or touched
by any of the Governors or Chiefs, but shall be delivered
into the hands of his executors or heirs, if present; but if no
heir or executor appear, the Consul or his agent shall be
executor for the same; if any debts were owing to the deceased,
the Governor of the place shall assist and do all in his power
to compel the debtors to pay their debts to the heir or
executor, or the Consul, in case no heir or executor appears,
and the Consul is to inform the King of the death of every
British subject leaving property upon the Sandwich Islands.
KAMEHAMEHA III,
EDWARD RUSSEL,
Captain of H. B. M.'s ship Acteon.

I )
l""

ft;'

(3) CONVENTION,
"BETWEEN CAPT. LAPLACE, OF THE FRENCH FRIGATE
"L'ARTEMISE," AND KAMEHAMEHA III, JULY 17'rii, 1839.
CONVENTION, concluded between the King of Sandwich, Tameamea, and Post Captain Laplace, Commander of the
French frigate L' Artemise, in the name of his Government:
ARTICLE I. There shall be perpetual peace and friendship
between the King of the French and the King of Sandwich.
ARTICLE II. The French shall be protected in an efficient
manner, in their persons and their properties, by the King of
Sandwich, who shall grant them the authorization necessary,
that they may pursue juridically His subjects against whom
they may have just reclamations to make.
ARTICLE III. This protection shall extend to French
vessels, their crews and their officers. In case of shipwreck,
the Chiefs and inhabitants of the different districts (parties)
of the Archipelago shall bring them assistance, and guarantee
then from pillage. The compensation for salvage shall be
regulated, in case of difficulties, by arbiters, nominated by
the two parties.
ARTICLE IV. No Frenchmen, accused of any crime
whatever, shall be judged otherwise than by a jury, composed
of foreign residents, proposed by the Consul of France, and
accepted by the Government of the Sandwich Islands.
ARTICLE V. The desertion of French sailors from French
vessels shall be severely repressed by the local authorities,
who shall employ all the means at their disposal to cause the
arrest of the deserters, and the expense of capture, shall be
paid by the captains or owners of said vessels, according to
the tariff adopted by other nations.
ARTICLE VI. French merchandise, or known to be of
French procedure* (provenance), and especially wines and
brandies, shall not be prohibited, nor pay a higher duty than
five per cent. ad valorem. * (Sic)
ARTICLE VII. No duty of tonnage or importation shall be
exacted of French merchandise, unless it be paid by the
subjects of the nation most favored, in its commerce with
the Sandwich Islands.
ARTICLE VIII. The subjects of King Tameamea shall
have a right in the French possessions to all the advantages

6
which the French enjoy in the Sandwich Islands-and they
shall in other respects be considered as belonging to the
nation most favored in its relations with France.
Done and signed between the contracting parties, the 17th
July, 1839.
KAMAMEHAIEHA III.
C. LAPLACE.

7
(4) FRENCH TREATY, MARCH 26, 1846.
LE temps ayant demontre la convenance de substituer un
traits general aux diverses conventions mutuellement consenties jusqu'ici par la France et les Iles Sandwich, les
Gouvernements Francais et Havien sont reciproquement
convenus des articles suivants, et les ont signes apres avoir
reconnu et arrete que tout autre traitd ou convention,
actuellement existant entre les parties contractantes, serait
dsormais considre conmme nul et de nul effet:
ARTICLE I. I1 y aura paix et amitie perpetuelles entre S.
M. le Roi des Francais et le Roi des Iles Sandwich, entre
leurs heritiers et successeurs.
ARTICLE II. Les sujets de S. M. le Roi des Francais
demeurant dans les possessions du Roi des Iles Sandwich,
joiront, quant aux droits civils, et pour ce qui regarde leurs
personnes et leurs proprietes, de la meme protection que s'ils
etaient sujets indigenes, et le Roi des Iles Sandwich s'engage
a lear accorder les memes droits et privileges, que ceux
ac~ordes maintenant, ou qui pourront etre accordes plus tard
aux sujets de la nation la plus favorisde.
ARTICLE III. Aucun Francais accuse d'un crime on delit
quelconque, ne pourra etre juge que par un jury compose de
residens indigenes, ou 4trangers proposes par le Consul de
France, et agrees par le Gouvernement des Iles Sandwich.
ARTICLE IV. Le Roi des Iles Sandwich 6tendra sa protection sur les navires Francais leurs officiers et equipages:
en cas de naufrage les chefs et habitans des differentes parties
des lles Sandwich devront leur porter secours et les garantir
de tout pillage.
Les indemnites de sauvetage seront regldes, en cas de
difficulte, par des arbitres nommes par les deux parties.
ARTICLE V. La desertion des marins, embarques a bord
des navires Francais sera s4verement reprimde par les Autorites locales, qui devront user de tous les moyens a leur
disposition, pour arreter les deserteurs. Toute depense faite
dans de juste limites pour s'emparer d'eux sera remboursee
par les Capitaines ou proprietaires des dits navires.
ARTICLE VI. Les marchandises Francaises ou reconnues
conmme venant des possessions Francaises, ne pourront etre
prohibees on soumises a un droit d'entree plus 6leve que
celui de 5 pr. cent ad valorem. Les vins, eaux de vie et
autres liqueurs spiritueuses sont exceptes et pourront etre
soumis h tout droit equitable, dont le Gouvernement des Iles

Sandwich jugera convenable de les frapper, mais a condition
que ce droit ne sera jamais assez eleve pour devenir un
emp6chement absolu a l'importation des dits articles.
ARTICLE VII. Les droits de tonnage ou d' importation,
ou tout autre droit levd sur des navires Francais, ou sur des
marchandises importdes par des navires Francais, ne devront
point excdder les droits imposes aux navires, ou aux marchandises de la nation la plus favorisee.
ARTICLE VIII. Les sujets du Roi des Iles Sandwich '
seront traites sur le pied de la nation la plus favorisde, dans
leurs relations commerciales ou outres avec la France.
Fait a tIonolulu, le 26 Mars, 1846.
[L. s.] EM. PERRIN,
Consul de France, Charge d'une Mission
Speciale, aux Iles Sandwich.
[L. s.] R. C. AWYYLLIE,
His Hawaiian Majesty's Minister of
Foreign Relations.
[L. s.] IOANE II,
Member of the Treasury Board..,

(5) BRITISH TREATY, MARCH 26TH, 1846.
Ir being desirable that a general convention should be
substituted for the various instruments of mutual agreement at present existing between Great Britain and the
Sandwich Islands, the following articles have, for that
purpose and to that intent, been mutually agreed upon
and signed between the Governments of Great Britain and
the Stndwich Islands, and it has b3en determined that
any other Treaty or Conventional Agreement, now existing
between the respective parties, shall be henceforward abrogated and. considered null and of no effect:
ARTICLE I. There shall be perpetual peace and amity
between Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland, and the King of the Sandwich
Islands, their heirs and successors.
ARTICLE It. The subjects of Her Britannic Majesty
residing within the dominions of the King. of the Sacndwich
Islands, shall enjoy the s.ame prot(ection in regard to their
civil rights as well as to their persons and properties, as
mnAtive subjects; and the King of the Sandwich Islands
engages to grant to British subjects the same rights and
p)rivileges which now are, or hereafter may be, granted to or
enjoyed by any other foreigners, subjects of the most favored
nation.
ARTICLE III. No British subject accused of any crime
whatever shall be judge(d otherwise than by a jury composed
of native or foreign residents, proposed by the British Consul
and accepted by the Government of the Sandwich Islands.
ARTITCLE IV. The protection of the King of the Sandwich
Islands shall be extended to all British vessels, their officers
and crews. In case of shipwreck, the chiefs and inhabitants
of the different parts of the Sandwich Islands shall succour
them and secure them from plunder. The salvage dues shall
be regulated, in case of dispute, by arbitrators chosen by
both parties.
ARTICEi V. The desertion of seamen embarked on board
of British vessels shall be severely repressed by the local
authorities; who shall employ all the means at their disposal
to arrest desererrs; and all reasonable expenses of capture
shall be defrayed by the captains and owners of the said
vessels.
ARTICLE VI. British merchandise or goods recognized as
coming from the British dominions, shall not be prohibited,
2

10
nor shall they be subject to an import duty higher than five
per cent. ad valorem. Wines, brandies, and other spirituous
liquors are however excepted from this stipulation, and shall
be liable to such reasonable duty as the Hawaiian Govern ment
may think fit to lay upon them, provided always that the
amount of duty shall not be so high as absolutely to prohibit
the importation of the said articles.
ARTICLE VII. No tonnage, import or other duties shall
be levied on British vessels, or goods imported in British
vessels, beyond what are levied on vessels or goods of the
most favored nation.
ARTICLE VIII. The subjects of the King of the Sandwich
Islands shall, in their commercial or other relations with
Great Britain, be treated on the footing of the most favored
nation.
Done at Honolulu the 26th of March, 1846.
[L. s.] WM. MILLER
H. B. M.'s Consul-General for the
Islands in the Pacific Ocean.
[i... s.] R. C. WYLLIE,
His Hawaiian Majesty's Minister
of Foreign Relations.
[L. s.] IOANE II,
Member of the Treasury Board.

(6) TREATY WITH DENMARK,
SIGNED AT HONOLULU, OCTOBER 19TH, 1846.
IT being desirable that a general convention, and instrument
of mutual agreement, should exist between Denmark and
the Hawaiian Islands, the following articles have for that
purpose, and to that intent, been mutually agreed upon
and signed between the Governments of Denmark and the
Hawaiian Islands:
ARTICLE I, There shall be perpetual peace and amity
oetwauy. His Majesty the King of Denmark, and His Majesty
the King of the Hawaiian Islands, their heirs and successors.
ARTICLE II. The subjects of His Majesty the King of
Denmark, 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 Danish subjects the same rights and
privileges which now are, or may hereafter be, 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 be extended to all Danish 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 King of Denmark. In case 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
arbitrators chosen by both parties.
ARTICLE IV. The desertion of seamen belonging to Danish
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 cases, no unnecessary
severity is to be used, and due notice is to be immediately
given'to the Danish Consul, agreeably to the 6th article of
this treaty.
ARTICLE V. Danish subjects shall be allowed to reside or
settle on any part of the dominions of the King of the Hawaiian Islands, upon obtaining a document certifying that

12
they are worthy persons, from the Dani.sh Consul, whose duty
it is not to give any such document to others than I)bouna ti
subjects of fis Majesty the King of Denmark.
In the case of Danish sailor,; wishing to remain on the
islands, permission sh811ll be previously obtzained 'of the
overnnment, by the Danish Consul.
AtTICLe VI. It is agreed that the Danish Consul shall be
instructed to zealously attempt to settle amicably and
estra-judicially, all diff'iculties arising -with1 Danish subjects;
and that when any case is broiught before the court of foreign
eauses, the presiding juldge shall, with the least possible
delay, communicate knowledge thereof to the Danish Consul;
also that when Danish sailors or slubjects are cormmitted, in
consequence of police or other offences, information shall be
conveyed to him, forthwith, by the Prefect or other offticer
of the police.
AlrTICLE VII. 1No Danish producetions, or any other goods
on board of, or imported in Danish ships, that can be
imported by other foreign sdhips, shall bie p)ro1hiited, nor
pay more than those duties levied on goods of the most favorei
nation. Any alteration in the d(uties levied on goods, shall
not take eflect nor be enforced until twelve calendar months
after the first public notificbation of such change.
ARTICLE VIII. Dan:ish merbchandise and property, or
goods imported in Danish vessels, liable to ani entrance-diuty
higher than 5 per cent. ad val(orera, shall be allowed to be
bonded, paying only the usual transit duty.
Until the erection of a building by the Hawaiian Governmnent for such warehousing and bonding, such Danish
merchandise or property, or goods imported Ti Danish vessels,
shall be allowed to be warehoused and bonded in private
warehouses, under the *seals and superintendence of the
Hawaiian eustom-house officers, and the responsibility of the
owner of the goods, or the consignee.
AR.TICLE IX. All Danish 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 receive 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.

AiL:'TIC(LE X. T[he subjects of His Majesty, the King of the
Hawaiian Islands, shall, in their commlercial relations, or'
relations of any other nature, with Deinmark and her posses.
sions, be- treated on the footing of the most favored naZtion.
Done at Honolluu this 19th d(ay of October. 1846.
[L. s.] Pt. C. 1WY-LLIE,
His Hawaiian Majesty's Minister of Foreign [Relations,
and Member of His Council of State.
[L. s.] STEEN BILLE,
His D. M s Chamberlain, and Post Captain of the 1. N.;
Knight of Danebroge, and of the French order "Pour
leMerite Militaire,' commanding H. 1). M.'s Frigate
Galathea.
ADDITIONAL AitTICOLE. This treaty shall not be )permanently
binding, till it receive the ratification of EHis Majesty the
K.ing of Denmark; but in the meanwhile, for the sake of
what Danish vess.el s or subject y larrive, it is mutually
agreed tthat it shall take efket, provisionally, fromy the date
of its ratifieation by His Majesty the King o:)f the Hawaiian
Islands.
Done at Honolulu this 1.9th da, of October, 1846.
[L. s.] it. C. C WYLLTE,
His iiawaiian Majesty's Minister of Foreign Relations,
and iMember of His Council of State.
[L. s.] STEEN BILLE,
His D. M.'s Chamberlain, and Post Captcain of the i..;
Knight of Danebroge, and of tl:e French order "Pour
le Merite Militaire,' commaiding H. D. M.'s Frigate
Galathea.

15
(7) TREATY WITH HAMBURG, JANUARY S8TH, 1848.
IT being desirable that a general convention and instrument
of mutual agreement should exist between Hamburg and
the Hawaiian Islands; the following Articles have, for that
purpose and to that intent, been mutually agreed upon and
signed between the Governments of Hamburg and that of
the Hawaiian Islands:
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
be, granted to or enjoyed by any other foreigners, subjects
ofthe most favored nation.
ARTICLE III. The protection of the King of the Hawaiian
Islands shall be 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 case 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 dis.
pute, shall be regulated by arbitrators 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

' 16

case of Hamburg sailors wishing to remain on the islands,
permission shall be previously obtained of the government
by 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, infor.
mation 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. e
ARTICLE VIII. Hamburg merchandise and property, or
goods imported in Hamburg vessels, liable to an entrance
duty higher than 5 per cent. ad valorenm, shall be allowed to
be bonded, paying only the usual transit duty.
ARTICtLE 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 receive 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.
(L. s.) E. A. SUWERKROP,
Consul and Plenipotentiary for the Republic and
free Hanseatic City of Hamburg.
(L. s.) R. C. WYLLIE,
His Hawaiian Majesty's Minister of Foreign Relations
and Member of hi, Council of State.

17
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.) R. C. WYLLIE,
His Hawaiian Majesty's Minister of Foreign Relations
and Member of His Council of State.
(LS..) E. A. SUWERKROP,
Consul and Plenipotentiary for the Republic and Free
Hanseatic City of Hamburg.:3

I
I

(8) AGREEMENT,
TIOUCHING CONSULAR NOTICES UNDER THE DANISH ANI)
HAMBURG TREATIES,
THE undersigned hereby agree that the notices provided
for in the 4th and 6th Articles of the Treaties with Denmark
aud Hamburg, shall be given as follows:
1. Whenever any person belonging to a Danish or
Hamburg vessel shall be arrested or imprisoned, on proof or
notification of being a deserter from such vessel, the marshal
or other chief officer of the police, shall notify the same
verbally, or if necessary, in writing, to the Consul of Denmark or Hamburg, as the case may be, at the time, or before
12 o'clock of the next lday following such arrest or imprisonment.. 'When any cause of importance in which a subject of
Denmark or citizen of Hamburg may be plaintiff or defendant, shall come before the Judge of foreign causes in Honolulu, or any other port or town where a Consular Agent of
Denmark or Hamburg shall have been recognized, the presiding Judge shall, with the least possible delay, communicate knowledge thereof, in writing, to the resident Consul of
Denmark or Hamburg, as the case may be.
3. When a subject of Denmark or citizen of Hamburg, in
consequence of police or other offenses, committed within the
jurisdiction of the Hawaiian Kingdom, shall have been
arrested or imprisoned, the Marshal or other chief officer of
the police, shall notify the same verbally, or, if necessary,
in writing, to the Consul of Denmark or Hamburg, as the
case may be, at the time, or before 12 o'clock of the next day
following such arrest or imprisonment.
4. In all police cases of slight importance, where the
penalty is merely correctional and acquiesced in, without
appeal by the party delinquent, it shall not be necessary to
give any notice to the Consul, whether such party be a subject of Denmark or citizen of Hamburg.
5. In all ports and places where there may exist no recognized Consul or Consular Agent of Denmark or Hamburg, the
above notices shall be dispensed with, except where the
proceedings are appealed against according to law, by any
subject of Denmark or citizen of Hamburg, in which cases
the local authorities are to report the case to the Minister of
Foreign Relations in Honolulu, and it shall be incumbent on

20
him, with the least possible delay, to notify, in writing, the
Consul of Denmark or Hamburg, as the case may be.
6. A copy of these practical rules shall be submitted to
the Governments of Hawaii, Denmark and Hamburg for their
approval, but they shall take effect ad interim in this Kingdom after their approval by the King.
Done at Honolulu this 25th day of January, 1848.
[L. s.] R. C. WYLL1E,
His Hawaiian Majesty's Minister of Foreign Relations
and Member of his Council of State.
[L. s.] E. A SUWERKROP,
Royal Danish Consul, Consul and Plenipotentiary for
the Republic and free Hanseatic City of Hamburg.
Approved, KAMEHAMEHA,
KEONI ANA,
PALACE, January 27th, 1848.

21
(9) TREATY WITH THE UNITED STATES,
RATIFIED ON THE 19TH OF AUGUST, 1850.
KAMEHAMEHA III., King of the Hawaiian l;slan(,s, to
all to whom these presents shall come, GREETING:
KNOW YE, that whereas a treaty of friendship, commerce and
navigation between Our Kingdom and the United States of
North America, was concluded and signed by Our and their
Plenipotentiaries, in the city of Washington, on the 20th
day of December, 1849, which treaty is word for word, as
follows:
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 or 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

'22
sabjects or citizens of the other contracting parties 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 and 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 re-exported, be
subject to the same duties, and be entitled to the same
privileges, drawbacks, 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 bei g
of the produce or manufacture of the United States, which
(:an be legally imported into the Sandwich Islands, shall,
when so ilported 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
oir m:anufacture.
AR:TICLE IV. No duties of tonnage, harbor, light-houses,
pilotage, quarantine, or other similar duties, of whatever
nature, or under u 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 is 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 States of either contracting party,
such navigation and trade being reserved exclusively to
national vessels.
ARTICLE VI.,,team vessels of the United States which
may be employed by the Government of the said States, in
the carrying of their public mails across the Pacific Ocean,

or 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 shall be subject in such ports to no duties of tonnage,
harbor, light-houses, quarantine, or other similar duties of
whatever nature or under whatever denomination.
ARTICLE VII. The whaleships of the United States shall
have access to the ports 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 valoremr 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 charges
for, tonnage and harbor dues, further to trade or barter, with
the same exemption as to 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 the vessels and by the
citizens or subjects of the most favored foreign nation. 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 Lahaina and Honolulu,
and in all ports named in this article, the whaleships 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 whaleships of the most favored
foreign nation. The like privilege of frequenting the three
ports of the Sandwich Islands, aboved 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.

24
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 dominions of His Majesty
the King of 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
precautions of police which are practised towards the subjects
or citizens of the most favored nations. They shall be
entitled to occupy dwellings and warehouses, 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 heirs
or representatives, being subjects or citizens of the other
contracting party, shall succeed to their personal goods,
whether by testament ab intestator; and may take possession thereof, either by themselves, or by others acting for
them, and dispose of the same at will, paying to the profit
of the respective governments such dues only as the inhabitants of the country wherein the said goods are, shall be
subject to pay in like cases. And in case of the absenceeof
the heirs and representative, such care shall be taken of the
sa}id 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 arise
amnong several claimants as to which of them said 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
withdraw 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 obliged to pay, under any
pretense whatever, any taxes or impositions, other or greater
than those which are paid, or may hereafter be paid, by the
subjects or citizens of the most favored nation 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 laws etablished. 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 engages that the citizens or subjectsof
the other residing in their respective states, shall enjoy their
property and personal security, in as full and ample manner
as their own citizens or subjects, or the subjects or citizens
of the most favored nation, but subject always to the laws
and statutes of the two countries respectively.
ARTICLE IX. The citizens and subjects of each of the two
contracting parties shall be free in the States of the other to
manage their own affairs themselves, or to commit those
affairs to the management of any perso'ns 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 persons to act in'such capacities, nor shall
they be called upon topay any salary or remuneration to any
pJrson 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 goods or merchandise imported into, or to be exported from the States
and dominions of the two contracting parties; save and except
generally such cases wherein the laws and usages of the
country may require the intervention of any special agents
in the States and dominions 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 farther 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, consuls, vice-consuls, and
commercial agents, of their own appointment, who shall
enjoy the same privileges and powers with those of the most
favored nation; but if any such consuls shall exercise commerce, they shall be subject to the same laws and usages to
which the private individuals of their nation are subject in
the same place. The said consuls, vice-consuls, 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
4

26
to the competent tribunals, judges and officers, and shall in
writing demand the said deserters, proving by the exhibition
of registers of the vessels, the rolls of the crews, or by other
official documents, that such individuals formed part of the
crews; and this reclamation being thus substantiated, the
surrender shall not be refused. Such deserters, when
arrested, shall be placed at the disposal of the said consuls,
vice-consuls or commercial agents, and may be confined in
the public prisons at the request and cost of those who shall
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 agents, owners
or masters of vessels on account of whom the deserters have
been apprehended, upon the requisition of the local authorities shall be required to take or send away such deserters
from the states 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 causirg
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
and 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 appurtenances belonging thereunto, and all goods and merchandise which shall be saved
therefrom, or the produce thereof if sold, shall be faithfully
restored with the least possible delay to the proprietors,

upon being claimed by them, or by 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 sneh consul, vice-consul, proprietors or factors, shall pay only 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
to the competent tribunals of the country.
ARTICLE XIII. The vessels of either of the two contracting parties which may be forced by stress of weather or other
cause into one of the ports of the other, shall be exempt from
'3 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 subsistence 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 authorities 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 of' 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 so charged, that he may be brought before such
judges 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 issue 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 cf 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 some regular Post Office of either
country; charging thereupon the regular postal rates 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 was 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 for-"
ward the enclose matter as directed, crediting 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-offices in the United
States and forwarded to San Francisco or other ports on the
Pacific Coast of the United States, whence the Post-masters
shall dispatch 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 States with the United States rates charged thereupon. It shall be optional to pre-pay postage on letters in
either country, but postage on printed sheets and newspapers
shall in all cases be pre-paid. The respective Post-office
Departments of the contracting parties shall, in their
accounts, which are to be adjusted annually, be credited with
all dead letters returned.
ARTICLE XVI. The present treaty shall be in force from
the date of the exchange of the ratifications for the term of
ten years, and further, until the end of twelve months after
either of the contracting parties shall 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

29
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 shall be ratified by
the President of the United States of America, by and with
the advice and consent of the Senate of the 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.
(Seal.) JOHN M. CLAYTON.
(Seal.) JAMES JACKSON JARVES.
AND, WHEREAS, we have carefully examined all the points
and articles thereof, by and with the advice of Our Privy
Council of State, We have confirmed and ratified the foregoing Treaty, and We do confirm and ratify the same, in the
most effectual manner, promising on Our faith and word as
King, for Us and Our successors, to fulfill and observe it,
faithfully and scrupulously in all its clauses.
In faith of which We have signed this ratification with
Our own hand, and have affixed thereto the great seal of Our
Kingdom.
Given at Our Palace at Honolulu, this nineteenth day of
August, in the Year of our Lord, One Thousand Eight Hundred and Fifty, and in the twenty-fifth of Our reign.
(Seal.) KAMEHAMEHA.
KEONI ANA.
By the King and the'Premier.
R. C. WYLLIE,
Minister of Foreign Relations.
EXCHANGE OF RATIFICATIONS. âWe, the undersigned, Robert
Crichton Wyllie, Minister of Foreign Relations of His Majesty the King of the Hawaiian Islands, and Charles Bunker,
Consul of the United States for Lahaina, having been authorized by our respective Governments to exchange the ratifications of the Treaty of Friendship, Commerce and Navigation

between His Hawaiian Majesty and the United States, coneluded and. signed at Washington, on the twentieth day of
December, one thousand eight hundred and forty-nine,
certify: That we have this day met for that purpose, and,
after comparing the said ratifications each with the other,
and both with the original of said Treaty, have effected the
exchange accordingly.
In witness thereof, we have signed this certificate, at Honolulu, this twenty-fourth day of August, one thousand eight
hundred and fifty, and have thereunto affixed our respective
seals.
(iL. s.) I. C. WYLLIE,
(L. S.) CHARLES BUNKER,

(10) TREATY WITH GREAT BRITAIN,
RATIFIED ON TIlE 6Tr OF MAY, 1852.
KAIMEHAMAILYEHA II1., King of the Hawaiian Islands, 'to
all to whoml these presernts shall come. GREETING:
WHEREAS, a Treaty of Friendship, Commerce and Navigation
between Us and Her most Gracious Majesty the Queen of
Great Britain and Ireland, Defender of the Faith, &amp;c., &amp;c.,
&amp;c., was concluded and signed at Honolulu, on the tenth
day of July, in the year of our Lord one thousand eight
hundred and fifty-one, by the Plenipotentiaries of Us and
of the said Queen of Great Britain, duly and respectively
authorized for that purpose, which treaty is word for word,
as follows:
HER MAJESTY THE QUEEN of the United Kingdom of Great
Britain and Ireland, and His MAJESTY THE KING of the
Hawaiian Islands, being desirous to maintain and improve
the relations of good understanding which happily subsist
between them, and to promote the commercial intercourse
beween their respective subjects, have deemed it expedient
to conclude a Treaty of Friendship, Commerce and Navigation, and have for that purpose named as their respective
Plenipotentiaries, that is to say:
Her Majesty the Queen of Great Britain and Ireland,
William Miller, Esquire, Her Consul General for the Islands
in the Pacific Ocean:
And His Majesty the King of the Hawaiian Islands, Robert
Crichton Wyllie, Esquire, His Minister of Foreign Relations,
Member of his Privy Conucil of State and of His House of
Nobles:
Who, after having communicated to each other their full
powers, found to be in good and due form, have agreed upon
and concluded the following articles:
ARTICLE I. There shall be perpetual friendship between
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Her Heirs and Successors, and the
King of the Hawaiian Islands, His Heirs and Successors,
and between their respective subjects.
ARTICLE It. There shall be between all the dominions of
Her Britannic 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 harbors,
rivers, and places, within fhe 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.
ARTIcLE III. The two contracting parties hereby agree
that any favor, 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 favor 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 agrement, if the concession shall have 'been conditional.
ARTICLE IV. No other or higher duties shall be imposed on
the importation into the dominions of Her Britannic Majesty,
of any article the growth, produce or manufacture of the Hawaiian Islands, and no other or higher duties shall be imposed
on the importation into the Hawaiian Islands, of any article
the growth, produce or manufacture of Her Britannic Majesty' s dominions, than 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 article
to the territories of all other nations.
ARTICLE V. No other or higher duties or charges on
account of tonnage, light, or harbor dues, pilotage, quarantine, salvage in case of damage or shipwreck, or any other
local charges, shall be imposed, in any of the ports of the
Hawaiian Islands on British vessels, than those payable in
the same ports by Hawaiian vessels, nor in the ports of Her
Britannic Majesty's territories, on Hawaiian vessels, than
shall be payable in the same ports on British vessels.
ARTICLE VI. The same duties shall be paid on the importation of any article which is or may be legally importable
into the Hawaiian Islands, whether such importation shall
be in Hawaiian or in British 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 Her
Britannic Majesty, whether such importation shall be in
British or 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 British 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 Her Britannic Majesty's dominions, whether
such shall be in British or in Hawaiian vessels.
ARTICLE VII. British whaleships shall have access to the
ports of Hilo, Kealakeakua 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 lastmentioned 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 amount of two hundred dollars, ad
valorem, for each vessel, without paying any charge for tonnage or for 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
5

34
exemption from all charges for tonnage and harbor dues,
further to trade or bartar, with the same exception as to
spirituous liquors, to the additional amount of one thousand
dollars, ad valorem, for each vessel, paying on 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 fromnt 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, British whaleships
shall enjoy, in all respects whatsoever, all the rights, privileges and immunities which are or may be enjoyed by
national whaleships 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 Great Britain. But nothing in this article
shall be construed as authorizing any British vessel, having
on board any disease, usually regarded as requiring quarajtine, to enter, during the continuance of any such disease on
board, any port of the Sandwich Islands, other than Honolulu or Lahaina.
ARTICLE VIII. All merchants, commanders of ships, and
others, the subjects of Her Britannic 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. British subjects in the Hawaiian
Islands shall be at liberty to buy fromn 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 Her
Britannic 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 defense 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.
ARTICLE 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 imposts 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.
ARTICLE X. The subjects of Her Britannic Majesty residing in the Hawaiian Islands, and Hawaiian subjects
residing in the dominions of Her Britannic Majesty, 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 whatsover, to pay any ordinary charges,
requisitions or taxes, other or higher than those that are, or
may be, paid by native subjects.
ARTICLE XI. It is agreed and covenanted that neither of
the two contracting parties shall knowingly receive into, or

36
retain in, its service, any subject of the other party who
have deserted from the naval or military service 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 harbor such deserters.
It is further agreed and declared, that any other favor 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 favor
or facility had been expressly stipulated by the presernt
treaty.
ARTICLE 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 fromn
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
Her Britannic Majesty, shall enjoy whatever privileges,
exemptions and immunities are, or shall be granted there to
agents of the same rank belonging to the most favored
nation; and, in like manner, the diplomatic agents and consuls of Her Britannic Majesty in the Hawaiian Islands shall
enjoy whatever privileges, exemptions, and immunities are
or may be granted there to the diplomatic agents and consuls of the same rank belonging to the most favored nation.
ARTICLE XIII. For the better security of commerce
between the subjects of Her Britannic 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 ither of the two contracting parties

37
shall be allowed a year to wind up their accounts, and disc
pose 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 offense 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.
ARTICLE XIV. The subjects of Her Britannic 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 mnay freely
establish and maintain, such subjects of Her Britannic Majesty, who may die in the said Islands. In the like manner,
Hawaiian subjects shall enjoy, within the dominions of Her
Britannic 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 and places of worship appointed for that purpose
agreeably to the system of toleration established in the dominions of Her said Majesty.
ARTICLE XV. In case there should at any time be established British mail packets, touching at a port of the Sandwich Islands, a British packet agent shall be permitted to
reside at such port, and to collect, on account of the British
Post-office, the British sea-rate of postage which may be
hereafter fixed for the conveyance of letters by British
packets from the Sandwich Islands to any other place to
which those packets may proceed.

38
Such British mail packets shall have free access to the
ports of the Sandwich Islands, and shall be allowed to remain to refit, to refresh, to land passengers and their baggage, and to transact any business conected with the public
mail service of Great Britain. They shall not be subject in
such ports to any duties of tonaage, harbor, light-houses,
quarantine, or other similar duties, of whatever nature or
under whatever denomination.
ARTICLE 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 appurtenances 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 said goods and merchandise, or the proceeds thereof, as well as all the papers
found on board such wrecked ship or vessel, shall be delivered to the British or Hawaiian consul, in whose district the
wreck may have taken place; and such consul, proprietors or
agents shall pay only the expenses 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.
ARTICLE XVII. In order that the two contracting parties
may have the opportunity of hereafter treating and agreeing
upon such other arrangements as may tend still further to
the improvement of their mutual intercourse, and to the advanceinent of the interest 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 intention to
terminate articles 4, 5 and 6 of the present treaty; and that
at the expiration of twelve 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.
ARTICLE XVIII. The present treaty shall be ratified, and
the ratifications shall be exchanged at Honolulu in ten 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 tenth day of July, in the year of
our Lord one thousand eight hundred and fifty-one.
(L. s.) ROBERT CRICHTON WYLLIE,
(L. s.) WILLIAM MILLER.
AND, WHEREAS, we have fully examined all the points and
articles thereof, by and with the advice of Our Privy Council
of State, We have confirmed and ratified the foregoing
Treaty, and We do confirm and ratify the same, in the most
effectual manner, promising on Our faith and word as King,
for Us and Our successors, to fulfill and observe it faithfully
and scrupulously in all its clauses.
In faith of which We have signed this ratification with
Our own hand, and have affixed thereto the great seal of Our
Kingdom.
Given at Our Palace at Honolulu, the 6th day of May, in
the year of our Lord one thousand eight hundred and fiftytwo, and in the twenty-seventh of Our reign.
(Seal.) KAMEHAMEHA.
KEONI ANA.
EXCHANGE OF RATIFICATIONS. ---The undersigned, having
met together for the purpose of exchanging the ratifications
of a Treaty of Friendship, Commerce and Navigation between
Her Majesty the.Queen of the United Kingdom of Great
Britain and Ireland, and His Majesty the King of the Hawaiian Islands, concluded and signed at Honolulu on the
tenth day of July, 1851; and the respective ratifications of
the said instrument having been carefully compared, and
found to be exactly conformable to each other, the said exchange took place this day in the usual form.
In witness whereof, they have signed the present certificate of exchange, and have affixed thereto their respective
Seals.
Done at Honolulu the sixth day of May, 1852.
(L. S.) ROBERT CRICHTON WYLLIE,
(L. S.) WILLIAM MILLER.

-A

4- ')

41
(11) POSTAL CONVENTION,
IETWE: N: TIHE IHAWAIIAN KINGDT)OM AND THE FRENCH PROTECTORATE GOVERNMENT OF TAHITI, NOV. 24, 1853.
Wa ITEIREAs, the increasing correspondence between the Hawaiian Kingdom and Tahiti, which embraces the European
and American correspondence, via Panama and San Francisco, requires to be placed on a more regular footing, especially in regard to the payment of postages when due from
the one country to the other, the undersigned have entered
into the following arrangement, viz.:
1st. A mail bag or package shall be made up on the departnre of every packet or other vessel bound from Honolulu
for Tahiti, or vice versa, which shall be sealed and addressed
to the Postmaster of either port, as the case may be.
2d. All postages not pre-paid on the letters, newspapers,
pamphlets and other mailable matter, forwarded in such bags
or packages, shall be entered on a way-bill, which shall invariably accompany the mails.
3d. The Postmasters at Honolulu aud Tahiti shall severally, in their respective offices, keep an account of all postages charged in such way-bill, shall collect the same, and
credit the amount to the office which issued the same.
4th. Each Postmaster shall charge provisionally, and
without prejudice to future modification by mutual consent,
on all mailable matter to the other office precisely the same
rates as are now established between Honolulu and San
Francisco, which are as follows, viz.:
POST OFFICE NOTICE.
RATES OF POSTAGEi on Letters and Newspapers passing through the Hawaiian Post Office.
The following are the Rates of Letter Postage now established, and for every half ounce
beyond the first half ounce, a similar rate is added.
RATES OF LETTER POSTAGE, WHEN PRE-PAID.
Z O P p D PH 0 t ~ o
ON LETTERS FOR - v = =gK g.i
S C'. n ( in
Tahiti from Honolulu, and vice versa............................. 5
San Francisco city................................................6
Any other port of California or Oregon..........................5.5 io.8
Ports of M exico................................. 5 2 7.32
P ana......................................................................... 5.22.27.52
Valparaiso and South America, via San Francisco..............52.57 1.I2
United States, east, ifpre-paid.....................................8.3.24
United States, east,,if U. S. Postage is unpaid...................5...32
Any part of Canada if pre-paid......................................... 5.17.22.42
Any part of Great Britain or Ireland................................. 5.31.36.70
Bre en............................................................................... 5.28.33.64
Hamburg, or any part of Germany...................................... 5 34 39.76
Any other port of Europe............................ 5.28.33.64
Sydney, Auckland or any part of Brit. Australian Colonies... 5
Hongkong, Canton, Manila, Tahiti, Valparaiso or any
other foreign port, when sent direct...........................
On all letters received fiom any foreign ports, the foreign
postage, if any, and for every % oz........................... '.5.....~~~~~~~~~~~~~~~~~~~~~~~,..

42
NEWSPAPERS.
The HIawaiian Postage on each newspaper forwarded or received through this office is 2
cents.
On each paper weighing I oz., or less, to any part of California or Oregon, 4 cents.
On each paper to any part of the United States, east, 3 cents.)
O)n each paper to any part of Great Britain, 5 cents. Must be pre-paid,
On each paper to any part of Europe, 5 cents.
The above are the rates on every transient newspaper, unsealed circular, hand bill, engraving, pamphlet, periodical, magazine, book and every other description of printed matter, to be in all cases prepaid.
5th. An account between the two offices shall be settled
annually on the 31st of December, and the balance paid, at
the exchange of the day, to be determined by a certificate of
three resident merchants, one to be French, one British, and
one American; if the balance be due to the Postmaster of
Honolulu, it shall be remitted to him through the Imperial
Commissioner at this Court, and if the balance be due from
the Postmaster at Honolulu, it shall be remitted to the Postmaster at Tahiti through the same medium.
Done at Honolulu, this 24th of November, 1853.
HEN!Y M..WHITNEY,
H. H. M. P. MA
Pr. le directeur le chr. de le Mozelle,
J. BELLA'UD.
The undersigned, so far as their respective Governments
are concerned, approve of the foregoing provisional postal
arrangement.
Honolulu, November 24th, 1853.
R. C. WYLLIE.
Minister of Foreign Relations.
Le Plenipotentiaire de S. M. E.,
EM. PERPIN.

(12) TREATY WITH BREMEN,
RATIFIED ON THE 27THi MAI-CHI, 1854.
KAMEHAMEHA III., Kinlq o I.h, e Hawaiian Islands, to
all to whomz these presents shall come, GREETING:
WHEREANs, a Treaty of Frendship, Commerce and Navigation
between Us and the Free Hanseatic City of Bremen, was,
concluded and signed at Honolulu, on the seventh day of
August, one thousand eight hundred and fifty-one, by the
Plenipotentiary of Us, and the specially authorized Consul
of the said Free Hanseatic City of Bremen, which Treaty
is word for word, as follows:
It being desirable that a general convention and instrument
of mutual agreement should exist between the Hawaiian
Kingdom and the Free Hanseatic City of Bremen, the following Articles have, for that purpose and to that intent,
been mutually agreed upon and signed between the Governnent of the Hawaiian Islands and that of Bremen.
ARTICLE I. There shall be perpetual peace and amity between His Majesty the King of the Hawaiian Islands, His
Heirs and Successors, and the Free Hanseatic City of Bremen, and those who may succeed in the Government
thereof.
ARTICLE II. The citizens of Bremen 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 the citizens
of Bremen, the same rights and privileges which now are, or
may hereafter be granted to, or enjoyed by any other foreigners, subjects of the most favored nation.
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 State 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.
ARTICLE III. The protection of the Kino of the Hawaiian
Islands shall be extended to all Bremen 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 Bremen. In case of ship-wreck, 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 arbitrators chosen by both parties.
ARTICLE IV. The desertion of seamen belonging to Bremen vessels shall be severely repressed by tle 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 cases no unnecessary severity is to be used, and due notice is to be immediately given to the Bremen Consul, agreeably to the 6th
Article of this Trreaty.
ARTICLE V. Bremen citizens shall be allowed to reside or
settle on any part of the dominions of the King of the Hawaiian Islands, upon obtaining a document certifying that
they are worthy persons, from the Bremen Consul, whose
duty it is not to give any such documents to others than boia.fie citizens of Bremen. In the case of Bremen sailors
wishing to remain on the islands, permission shall be previously obtained of the Government by the Bremen Consul.
ArTICLE VI. It is agreed that the Bremen Consul shall
be instructed to zealously attempt to settle amicably, and
extra judicially, all difficulties arising with Bremen 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 Bremen Consul,
also that when Bremen 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 Brem3en, or any other
goods on board of, or imported in Bremen 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 augmentation in the rate of duties
levied on goods, shall not take effect nor be enforced, until
eight calendar months after the first public notification of
such change.
AtITICIE VIII. Bremen merchandise and property, or
goods imported in Bremen vessels, liable to an entrance duty

45
higher than 5 per cent. ( t,(a 'lo re7't, shall be allewed to be
bonded, paying only the usual transit duty.
ARTICLE IX. All Blremen 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 iHawaiian dominions, now
open, or that may hereafter be opened to foreign commerce,
and to take in any produce of the IHawaiian Islands which
they may receive 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 s jesty the of e
Hawaiian Islands, shall, in their commercial relations, or
relations of any other nature, with the Free Hanseatic City
of Bremen, and her dependencies, be treated on the footing
of the most favored nation.
Done at Honolulu this seventh day of August, 1851.
[L. s.] R. C. WYLLIE.
Minister of Foreign Belations.
[L,. s.] STEPHEN EEYNOLDS,
Under special authority from the Senate of Bremen.
ADDITIONAL ARTICLE. This Treaty shall not be permanently binding till it receive the ratification of His Majesty
the King of the Hawaiian Islands, and of the Senate of the
Free Hanseatic City of Brernen, but in the meanwhile, for
the sake of Bremen vessels, or citizens arriving, it is mutually agreed that it shall take effect, provisionally, from this
date.
Done at Honolulu this seventh day of August, 1851.
[L.S.] STEPHEN REYNOLDS,
Under special authority from the Senate of Brem:en.
[L. s] R. C. WYLLIE,
Minster of Foreign Relations.
AND, WHEREAS, we have fully examined all the points and
articles thereof, by and with the advice of Our Privy Council
of State, We have confirmed and ratified the foregoing
Treaty, and We do confirm and ratify the same, in the most
effectual manner, promising on Our faith and word as King,
for Us and Our successors, to fulfill and observe it faithfully
and scrupulously in all its clauses.

46
In faith of which We have signed this ratification with
Our own hand, a:nd have affixed thereto the great seal of Our
Kingdom.
Given at Our Palace at Honolulu, this twenty-seventh day
of March, in the year of our Lord one thousand eight hundred and fifty-four, and in the twenty-ninth of Our reign..
[L. s.] KAMEHAMEHA.
KEOI ANA.
Countersigned by the King and Kuhina Nui.
IL. C. WYLLIE,
Minister of Foreign Relations.

47
(13) TREATY WITH SWEDEN AND NORWAY.
RATIFIED ON THE 5THI OF APRIL, 1855.
14WE, KAMEHAMEHA 1'V., by ithe Grace of God(, King cof
the Hawaiian lslands, iake known:
THAT His late Majesty King Kamelhameha III., having authorized a Treaty of Friendship. Commerce and Navigation, with an additional article thereto annexed, between
the Hawaiian Kingdom and the Kingdoms of Sweden and
Norway, which was concluded, signed and sealed on the
first of July, 1852, by our respective Plenipotentiaries viz.:
On His behalf, Robert Crichton Wyllie, Esq., His MIinister of Foreign Relations, His Secretary at War and of
the Navy, Member of His Privy Council of State, Member
of the House of Nobles and Chairman of the Commissioners of His Privy Purse; and on behalf of Hi-) Majesty
Oscar, King of Sweden and Norway, of the Goths anid
Vandals, Monsieur Christian Adolphe Virgin, His Majesty' s
Chamberlain, Post Captain in His Majesty's Navy, Knight
',of the Order of the Sword, and of the Order of St. Stanislaus of Russia, of the second class, which treaty, and its
additional article, are word for word, as follows:
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 Frendship, Commerce and Navigtion, as follows:
ARTICLE 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.
ARTICLE 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 tralde, by wholesale or retail, in all kinds of produce, manufactures or merchandise of lawful commnerce,
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 harbors,
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.
ARTICLE III. The two contracting parties hereby agree,
that any favor, privilege, or immunity whatever, in matters
of conmmerce 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 suLjects or citizens of thfe other contracting party gratuitously,
if the concession in favor 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.
ARTICLE IV. No other or higher duties shall be imposed
on the importation into the dominions of His Swedish and
Norwegian ITajesty of any article the growth, produce or
manufacture of the Hawaiian Islands, and no other or higher
duties shall be imposed on the importation in the Hawaiian
Islands of any article the growth, produce or manufacture
of His Swedish and N!orwegian Majesty's dominions than 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 nay be payable on the exportation of the like
article to any other foreign country. No prohibition shall
b3 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 on 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.
ARTICLE V. No other or higher duties or charges on account of tonnage, light, or harbor dues, pilotage, quarantine,
salvage in case of damiage 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.
ARTICLE VI. The same duties shall be paid on the importation of any article which is or may be legally importabe into the iavwaiian 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 Majesty, whether
such importation shall be in Swedish and Norwegian, or Hawaiian vessels. The same duties shajl 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 fromn His Swedish and Norwegian Majesty's dominions, whether such exportation shall be in Swedish and Norwegian or in Hawaiian vessels.
AerTICLE VII. Swedish and Norwegian whaleships shall
have access to the ports of Hilo, Kealakeakua 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 spirituoms liquors, to the amount of two
hundred dollars, ad vcaorem, for each vessel, without paying any charge for tonnage or for harbor dues of any description, or any duties or imposts whatever upon the goods or
7

50
articles so traded or bartered. They shall also be permitted,
with the like exemption from all charges for tonnage and
harbor dues, further to trade or barter, with the same exception as to spirituous liquors, to the additional amount of one
thousand dollars, ad valorem, for each vessel, paying on 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 discharg6 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 whaleships shall enjoy, in all respects whatsoever, all the rights, privileges and immunities
which are or may be enjoyed by national whaleships of the
most favored nation.
The like privilege of frequenting the three ports of tle
Sandwich Islands, named in this article, which are not ports
of entry for merchant ve- sels, 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 vessels, having on board any disease usually
regarded as requiring quarantine, to enter, during the continuance of any such disease on board, any port of the Sandwich Islands, other than Honolulu or Lahaina.
ARTICLE VIII. All merchants, commanders of ships, and
others, the subjects of His Swedish and Norw 'egian ajesty,
shall have full liberty, in the Hawaiian Islands, to manage
their own affairs thlemselves, 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, an
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 perfeet 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 defense 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.
ARTICLE 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 imposts 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 eitherof 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 State 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.
ARTICLE 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 frowl 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 whatso

52
ever, to pay any ordinary charges, requisitions or taxes, other
or higher than those that are or may bepaid by native subjects.
ARTICLE 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 service 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 auy 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 efiect being imade by the Consul of the party concerned, or by the deputy or representative of the Consul;
and no public body shall protect or harbor such deserters.
It is further agreed and declared, that any other favor 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 maanner as if such favor
or facility had been expressly stipulated by the present
treaty.
ARTICLE 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 ac as such, he shall, in the usual form, be approved and admitted by the Government to which lhe is sent;
and either of the contracting parties may except from the
residence of consuls such particular places as either of them
n.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
favored 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 favored nation.

ARTICLE 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 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 ana
manner of interruption in full enjoyment of their liberty and
property as long as they behave peaceably and commit no
offense 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 whieh may be made upon the like effects
or property belonging to native subjects. In the samre case,
debts between individuals, public funds, and the shares of
companies shall never be confiscated, sequestered or detained.
ARTICLE 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 conscienlce therin,
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,
and places of worship appointed for that purpose agreeably
to the system of toleration established in the dominions of
His said Majesty.

ARTICLE XV. All vessels bearing the flag of Sweden and
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.
ARTICLE 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 appurtenances 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 and
merchandise, or the proceeds thereof, 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 expenses 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.
ARTICLE XVII. In order that the two contracting parties
may have the opportunity of hereafter treating and agreeing
upon such other arrangements as may tend still further to
the improvement of their mutual intercourse, and to the
advancement of the interest of their respective subjects, it is
agreed that at any timhe 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 intention
to terminate articles 4, 5 and 6 of the present treaty; and
that at the expiration of twelve 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 twor contracting parties.
ARTICLE 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.
[L. S.] R. C. WYLLIE,
H. H. M.'s Minister of Foreign Affairs, Menber of His
Privy Council of State, and of His House of Nobles.
[L. s.] C. A. VIRGIN,
Chamberlain to His Majesty the King of Sweden and
Norway, Post Captain in the R. Swedish Navy, Knight
of the Royal Order of the Sword and of the Imperial
Russian Order of St. Stanislaus.
ADDITIONAL ARTICLE. This Treaty shall not be considered
permanently binding until the ratifications have been ex| changed as provided for in article eighteen, but it has been
agreed that fromr this date all the benefits under it shall be
extended to all the subjects of His Swedish and Norwegian
Majesty, their commerce and navigation.
Done at Honolulu, this first day of July, in the year of Our
Lord, one thousand eight hundred and fifty-two.
[L. S. R. C. WYLLIE.
[L. S. C. A. VIRGIN.
AND, WHEREAS, We, Kamehameha IV, have fully examined
all the points and articles thereof, by and with the advice of
Our Privy Council of State, We have confirmed and ratified
the foregoing treaty, and We do confirm and ratify the same,
in the most effectual manner, promising on Our faith and
word as King, for Us and Our successors, to fulfill and
observe 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, at Honolulu, this fifth day of April,
in the year of our Lord, one thousand eight hundred and
fifty-five, and the first of Our reign.
[L. s.] KAMEHAMEHA.
VICTORIA K. KAAHUMANU.
By the King and Kuhina Nui
R. C. WYLLIE.
Minister of Foreign Relations.

Vt
4~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l

(14) TREATY WITH FRANCE,
RATIFIED ON THE Smr OF SEPTEMBER, 1858.
Treaty of Friendship, Conmerce and Navigation, between His
Majesty Napoleon III., Emperor of the French, and His
Majesty Karmeaehea IV., King of the Sandwich Islands.
In the name of the Most Holy Tlri-nity,
Relations of commerce having been established several years
ago between France and the Sandwich Islands, it has been
considered useful to regulate these relations, to favor their
development and to perpetuate their duration, by a treaty
of Friendship, Commerce and Navigation, founded on the
common interests of the two States, and such as to secure
the enjoyment, by their respective subjects, of equal and
reciprocal advantages.
In conformity with this principle, and with this object, they
have nominated for their Plenipotentiaries, to wit:
His Majesty the Emperor of the French, Monsieur Louis
Emile Perrin, Knight of the Imperial Order of the Legion
of Honor, His Consul and Commissioner near the HaOwaiian Government:
And His Majesty the King of the Sandwich Islands, His
Royal Highness the Prince Lot Kamehameha, General
Commanding-in-Chief, His Minister of the Interior, Acting
Minister of Finance, Member of His Privy Council and of
the House of Nobles; and Robert Crichton Wyllie, Esq.,
His Minister of Foreign Relations, His Secretary of State
for War and the Navy, Member of His Privy Council and
of the House of Nobles:
Who, having communicated their respective powers, found
in due form and order, have agreed to the following
articles:
ARTICLE I. There shall be constant peace and perpetual
friendship between His Majesty the Emperor of the French,
His heirs and successors, on the one part, and His Majesty
the King of the Sandwich Islands, His heirs and successors,
on the other part. and between the subjects of the two States,
without excepting persons or places.
ARTICLE II. There shall be reciprocal liberty of commerce
between all the territories of the French Empire, in Europe,
and those of the Hawaiian Islands. Their respective subjects shall have entire liberty to enter with their ships and
cargoes, in all the places, ports and rivers of the two States,
which are or may be opened to foreign commerce.
7

58
They shall have liberty to trade from place to place, under
the provisions of the laws, to discharge there, in all or in
part, the cargoes by them imported from abroad, and, thereafter, to lay in their return cargoes; but they shall not have
liberty there to discharge the nmerchandise which they shall
have received from another port of the same State, or, in
other words, to carry on the coasting trade, which remains
exclusively reserved to the natives.
They shall have liberty, in their respective territories, to
travel or reside, trade by wholesale or retail, as native subjects, to establish themselves wherever they may think it
suitable for their interests, to hire and occupy the houses,
stores and shops which may be necessary to them, to effect
the transmissions of goods and money and to receive consignments, to be admissible as bondsmen, at the custom-houses,
after they shall have been established more than one year in
their places of residence, within either of the two St:tes, and
after that the real estate which they may there possess shall
afford a sufficient guaranty.
They shall be at entire liberty to conduct their business
themselves, and especially to present in the custom-houses
their own declarations, or to be represented when they find
it convenient by a ficttor, agent, consignee or interpreter,
without having, as foreigners, to pay any extra charge or
pecuniary allowance. They shall have the right to buy and
to sell of and to whom they please, without any monopoly,
contract or exclusive privilege of sale or purchase, prejudici ng
or restricting in any manner whatever, their liberty in this
respect. They shlall be equally free in all their purchases as
well as in all their sales, to fix the price of their goods, merchandise and objects of every kind, both imported and destined for exportation, so long Ias they comply with the laws
and regulations of the country.
Finally, they shall not be subjected in any of the aforesaid
cases, to other charges, taxes or imposts at the custom-houses
than those to which native subjects are subjected.
AnTICLE III. It is agreed that documents presented by
lFrench subjects in their own language shall be admitted in
every case in which documents in the Euglish language may
be admitted, and the business to which the documents drawn
up in said language may relat e shll be dispatched with the
same good faith and care; but whenever a translation is presented about the accuracy of which a difference may arise,
the same shall be referred to the French Consul for his
revision and certificate of approval.

ARTICLE IV. Their respective subjects shall enjoy, in both
States, a constant and comgplete protection for their persons
and properties. They shall, consequently, have free and easy
access to the tribunals of justice, in prosecution and defense
of their rights, in every instance, and in all the degrees of
jurisdiction established by the laws. They shall be at liberty
to employ, in all circumstances, the advocates, solicitors or
agents of every class that they may think proper; in fine, they
shall enjoy, in all these respects, the same rights and privileges which are or may be granted to native subjects.
They shall, besides, be exempt from all personal service,
whether in the army or the navy, in national guards or militia,
as also from every war tax, forced loan, requisition or military service, whatever it ma[y be, and in every other case they
shall not be subjected, whether as regirds their personal property or real estate, to other charges or imposts than those
to which the natives themselves, or the subjects or citizens of
the most favored nation, without exception, shall be subj ited.
Hawaiian subjects shall enjoy in all the possessions and
colonies of Francee the same rights, privileges and the same
liberty of commerce and navigation which are actually enjoyed or may be enjoyed by the most favored nation; and,
reciprocally, the French inhabitants of the possessions and
colonies of France shall enjoy, in all their extension, the
same rights and privileges, and the same liberty of commerce
and navigation which, by this treaty, are accorded. in the.Hawaiiaa Islands to the French in. regard( to their commerce
and navigation.
AnTICLE V. French subjects shall not be disturbed or
troubled in any way in the Hawaiian Islands on account of
religion; they shall enjoy, on the contrary, in the public or
private exercise of their worship, entire liberty of conscience
and all the guarantees, rights and protection now ensured or
that may be hereafter ensured to native subjects and the subjects or citizens of the most favored nation.
Hawaiian subjects shall enjoy, in France, in regard to religion, the same rights, guarantees, liberty and protection.
ARTICLE VI. The subjects of the two countries shall be
free to acquire and possess real estate, and to dispose, as may
suit them, by sale, donation, exchange, will, or in any other
way whatever, of all the property which they may possess in
the respective territories; also, the subjects of either of the
two States who may become heirs of property situated in the

other, may succeed without hindrance to those said properties which may devolve upon them even ab intestato, and
dispose of them according to their pleasure; and the said
heirs or legatees shall not be subjected to any charges of
transfer or deduction, and shall not be bound to pay any
expenses of succession or others higher than those which
shall be borne, in like cases, by the natives themselves.
ARTICLE VII. If (which God forbid!) the peace between
the two contracting parties come to be broken, there shall be
granted, on both sides, to the subjects of each of the two
contracting parties, a term of one year to settle their affairs
and to dispose of their property, and, moreover, a safe conduct shall be delivered to them to embark in such ports as
they may voluntarily indicate.
All other Frenchmen or Hawaiians having a fixed or permanent establishment in the respective States, for the exercise of any profession or occupation, whatever it may be,
shall be allowed to preserve their establishments and to continue their profession without being disturbed in any mannrt
whatever, and they shall continue in the full and entire possession of their liberty and their property so long as they
shall commit no offense against the laws of the country.
Finally, their property or goods, of whatever nature they
may be, shall not be subjected to any seizure or sequestration, nor to other charges and imposts than those exacted
from natives.
Likewise the moneys which may be due to them by private
individuals, or which they may possess, in the public funds,
in banks, in manufacturing and commercial companies, shall
never be seized, sequestered or confiscated.
ARTICLE VIII. French commerce in the Hawaiian Islands,
and Hawaiian commerce in France, shall be treated, in regard to custom-house duties, both for importation and exportation, as that of the most favored foreign nation.
In any case the import duty imposed in France upon the
products of the soil or of the industry of the Hawaiian Islands, and in those Islands upon the products of the soil or
of the industry of France, shall not be other or higher than
those to which the same products of the most favored nation
are or may be subjected. The same shall be observed in
regard to duties on exportation.
No prohibition or restriction of importation or exportation
shall take place, in the reciprocal trade of the two countries,
which shall not be equally extended to all other nations, and

the formalities which may be required to authenticate the
origin or the process of the goods respectively imported into
either of the two States, shall be equally common to all
other nations.
ARTICLE IX. All the products of the soil and of the industry of either of the two countries, the importation of
which is not expressly prohibited, shall pay in the ports of
the other the same duties of importation, whether they be
laden on board of French or Hawaiian vessels. Also the
products exported shall pay the same duties and enjoy the
same franchises, allowances and drawbacks of duties which
are or may be reserved to the exportation made in national
vessels, excepting, however, from the foregoing all special
privileges and encouragements granted or to be granted in
either of the two countries to their national fisheries.
ARTICLE X. It is agreed:
1. That the importation and the sale of wines and brandiis of French origin shall not be prohibited in the Hawaiian
Islands.
2. That the rate of duties imp'osed in Hawaiian ports on
the importation of wines of French origin, namely, those
known as wines of "cargaison" in casks and in cases, shall
not exceed, during the existence of the present treaty, the
rate of 5 per cent. on the value, the invoice cost.to serve as
the basis of appraisement, agreeably to the Hawaiian law of
April 27th, 1846.
3. That the rate of duties on French wines of higher
quality, but under 18 per cent. of alcoholic strength, shall
not, during the same period, exceed that of 15 per cent. ad
valorern.
4. That the rate of duties imposed upon brandies of French
origin shall not exceed, during the same period, three dollars, as a maximum, on the gallon, such as defined by the
Hawaiian law of April 27th, 1846, 3d part, 4th chapter,
article 2d, page 187.
5. There shall not be adlded, in any case, to the duties on
wines and brandies herein specified any extra charge of customs or navigation, or any other charge, whatever its title
may be.
It is understood that nothing in this article shall prohibit
the imposition of tonnage dues by the Hawaiian Government
on the total amount of foreign and national navigation.
ARTICLE XI. French vessels arriving in the ports of the

62
Hawaiian Islands or departing from them, and H-awaiian
vessels on their entrance to or departure from the ports of
France shall not be subjected to other or higher duties of
tonnage, light-houses, anchorag, port, government wharfage,
pilotage, quarantine or others, under any denomination
whatever it may be, affecting the hull of the vessel, than
those to which the vessels of the most favored nation are or
may be subjected.
AlRTJCEl XII. F-rench vessels in the Hawaiian Islands,
and Hawaiian vessels in France, may discharge a part of
their cargo in the port which they may first enter, and repair, afterwards, with the rest of the same cargo to other
ports of the same State, whlether it be to complete the discharge of their cargo imported, or to complete the lading of
their return cargo, they not paying in each port other or
higher duties than those which national vessels pay in similar
circumstances.
AnRTICLE XIII. Whenever in consequence of a forced putting into port or proved average, the vessels of either of the
two contracting powers shall enter the ports of the other or
touch upon its coast, they shall not be subjected to anyv
duties of navigation, under any denomination under which
these duties may be respectively established, except the
duties of pilotage and others representing the payment of
the services rendered by private exertions, provided that the
vessels shall not engage in any operation of trade, whether
in loading or in dislcharging goods. They shall be allowed
to deposit on shore the goods composing their cargoes to prevent their destruction, and no other charges shall be exacted
of them than those which relate to the hiring of stores and
public workshops which may be necessary for the deposit of
the goods and the repairs of the damages of the vessels.
ARTICLE XIV. Vessels constructed in France, or nationalized according to the laws of that country, shall be considered to be French vessels, provided always that the captain
and three-fourths of the crew be French. The owner or the
owners of the said vessels shall have to prove the same nationality only in the same proportions as required by the French
laws.
In like manner all the vessels constructed within the territory of the Hawaiian Islands, or nationalized agreeably to
Hawaiian laws, shall be considered Hawaiian vessels, provided always that the captain and three-fourths of th(l crew
be Hawaiian. The owner or the owners of the said vessels

shall have to prove the same nationality only in the saime
proportions as those required by the Hawaiian laws.
It is besides agreed that every French or Hawaiian vessel,
in order to enjoy, under the above conditions, the privilege
of its nationality, shall be furnished with a passport, license
to sail, or register, the form of which shall be reciprocally
communicated, and which being certified by the authorities
competent to deliver the same shall show:
1. rThe name, the profession and the residence in France,
or in the Hawaiian Islands, of the owner, expressing therein
that he is the only owner, or if there are several owners,
stating their number and whaLt share each of them possesses.
2. The name, the dimensions, the burden, and in short all
the peculiarities of the vessel which imay distinguish her as
well as establish her nationality. In case of any doubt in
regard to that nationality, that of the owner, of the captain
and of the crew, the consuls or consular agents of either of
the two countries to which the vessel may be destined shall
have the right to require authientic proofs before vis6ing the
p?^peis on board, but this to be without any expense to the
vessel.
If experience should hereaf't ter dleonstrate that the interests of the navigation of either of the two contracting parties
suffer by the tenor of the present article, they reserve to
themselves to ma:ke therein in common accord the modifications which may appear to them convenient.
ARTICLE XV. The vessels of war, the steam vessels
belonging to the State, the packet boats engaged in the postal
service, and the French whaling vessels, shall have free
access to the Hawaiian ports of HIanalei, Hlonolulu, Lahainia,
Hilo, Kawailhae, Kealakeakua and Koloa; they shall have
liberty to stay there to make repairs and to refresh their
crews; they may also proceed fron one port to another of
said ports of the Hawaiian Islands with the view of there
)rocuring fresh provisions.
In all the ports specified in the present article, as well as
in all those which may be hereafter opened to foreign vessels,
the vessels of war, stean vessels belonging to the State, the
packet boats enga.ged in the postal service and the Frenchl
whaleships shall be subjected to the same rules as are or may
be imposed on, and shall enjoy in all respects the same
rights, privileges and immunities which are or may be
grranted to the same Hawaiian vessels and whaleships, or to
those of the most favored nation.

ARTICLE XVI. Consuls and vice-consuls of each of the two
countries may be established in the other for the protection of
commerce, but those agents shall not enter upon their functions without having obtained the exequatur of the territorial
government. The latter shall besides preserve their right to
determine the localities in which it may suit it to admit consuls, it being well understood that in this respect the two governments shall not offer respectively any restriction which, in
their country, may not be common to all nations.
ARTICLE XVII. The respective consuls and vice-consuls,
as well as "eleves consuls," chancellors or secretaries
attached to their mission, shall enjoy, in the two countries,
the privileges generally allowed to their office, such as the
exemption from the billet of soldiers and that from all direct
contributions as well personal as on movables, or sumptuary,
unless always they be subjects of the country, or that they
become eitner proprietors or possessors of real estate, or,
finally, that they engage in trade or commerce, whereby they
will be subjected to the same taxes, charges or imposts, as
other private individuals. These agents shall enjoy, besides,
all the other privileges, exemptions and immunities whi6h
may be granted in the places of their residence to the agents
of the sane rank of the most favored nation.
Neither\consuls, vice-consuls, nor their "eleves," chancellors or secretaries, provided they are not engaged in business of any sort, but exclusively confine themselves to the
fulfillment to their public duties, shall be subjected to appear as witnesses before the tribunals. When the justice of
the country shall have need to take any judicial declaration,
on their part, it ought to require it of them in writing, or to
proceed to their domicile to receive it viva voce.
In case of the death, indisposition or absence of the consuls or vice-consuls, the chancellors or secretaries shall enjoy
the perfect right of being admitted to manage, ad interim,
the affairs of the consular establishment, without hindrance
or obstacle on the part of the local authorities, which, on
the contrary, shall give them, in that case, every aid and
assistance; and they shall enjoy, during the period of their
provisional management, all the rights, privileges and immunities stipulated, in the present convention, in favor of
consuls and yice-consuls.
To secure t the execution of the paragraph which. precedes,
it is agreed that the chiefs of the consular offices, on their
arrival in the country of their residence, shall send to the

Government a list of the names of the persons attached to
their mission, and if any change should therein afterwards
be made, they shall in like manner give notice of the same.
ARTICLE XVIII. The archives, and in general, all the
papers of the offices of the chtancellors of the respective consulates, shall be inviolable, and, under no pretext nor in any
case whatever shall they be seized or examined by the local,
authorities.
ARTICLE XIX. The respective consuls shall be free to establish consular agents or vice-consuls in the different towns,
ports and places within their consular jurisdiction, where the
good of the service confided to them shall require it; it being
well understood that they shall first obtain the approval and
the exequ(atur of the territorial government.
These agents may be indiscriminately chosen from among
the subjects of the two countries, as well as from among
foreigners, and shall be furnished with a commission delivered by the consul who shall have named them, and under
whose orders they may be placed. They shall enjoy, besides,
the same privileges and immunities stipulated for by the 17th
article of the present convention, subject to the exceptions
mentioned in the first paragraph of the said article.
ARTICLE XX. The respective consuls, on the death of
their fellow-countrymen, deceased without having made wills,
or designated any testamentary executors, shall have power:
1. To affix seals, whether officially or at the request of the
parties interested, upon the movable effects and the papers of
the deceased, giving, beforehand, notice of that operation to
the competent local authorities, who may thereat attend, and
who, also, if they think proper, may cross, with their seals,
those which shall have been affixed by the consuls, and then
those double seals shall not be removed except in concert.
2. Also to draw up, in the presence of the competent authorities of the country, if they think it to be their duty to
present themselves on the spot, the inventory of the estate.
3. To cause proceedings to take place, according to the
usage of the country, for the sale of thbe movable goods, belonging to the estate; in fine, to administer or liquidate personally, or to name, under their responsibility, an agent to
administer and liquidate the said estate, without any interference by the local authorities in these new operations.
But the said consuls shall be bound to cause to be announced the death of the deceased in one of the gazettes
9

which may be published within the compass of their jurisdiction; and they shall not have power to make a delivery of
the estate, or of its proceeds, to the lawful heirs, or to their
mandatories, except after having paid all the debts which
the deceased may have contracted in the country, or until
one year shall have transpired from the date of the death,
without any reclamation having been presented against the
6state.
AITICLE XXI. In everything that concerns the police of
the port, the lading and discharging of vessels, the safety of
merchandise, property and goods, the subjects of the two
countries shall be respectively subject to the laws and statuttes of the territory. Nevertheless, the respective consuls
shall be exclusively charged with the internal order on board
of the merchant vessels of their nation, and shall alone take
cognizance of all the crimes, misdemeanors and other matters
of difierence, iu relation to said internal order, which may
supervene between the master, the officers, and the crew,
provided the contending parties be exclusively French or
Hawaiian subjects, and the local authorities shall not be
allowed therein to interfere, unless by the approval or consent of the consuls, or in cases where the public peace and
tranquility are disturbed and endangered.
ARTrICLE XXII. The respective consuls shall have power
to cause to be arrested and returned, whether on board or to
their own country, sailors and all other persons regularly
forming part of the crews of the vessels of their respective
nations, bearing any other title thtrn that of passengers, who
shall have deserted from the said vessels. For this purpose
they shall apply, in writing, to the competent local authorities, and they shall prove 'by the exhibition of the register of
the vessel, or of the roll of the crew, or, if the vessel shall
have departed, by copy of the said documlent, duly certified
by them, that the metl whom they reclaim made part of the
said crew. WhVen this application is so justified, the return
is not to be refused. Besides, every aid and assistanrce shall
be given to them for the search., seizure and arrest of the
said deserters, who shall even be detained and guarded in
the pri;ons of the country, on the request and at the expense
of the consuls, and till those agents shall find an opportunity
to send them- away. If, however, such an opportunity
should not present itself within the period of three monthis,
counting from the day of arrest, the deserters shall be placed
at liberty, and shall not be again arrested for the same
cause.

It is, moreover, formally agreed that every other concession
or facility tending to repress desertion which one of the two
contracting parties may have granted, or may hereafter grant,
to another State, shall be considered as equally acquired, in
full right, by the other contracting party, in the same manner as if that concession or facility had been expressly stipulated in the present treaty.
ARTICLE XXIII. In all cases vwhere there shall be no objection by any of the owners, freighersrs, insurers, or their
respective agents, either in the port of departure or of
arrival, the injuries which the vessels of the two countries
may have experienced at sea while on their voyage to the
respective ports, the repairs of such injuries shall be regulated by the consuls of their respective nations.
ARTICLE XXIV. All the operations relative to the salvage
of French vessels shipwrecked or stranded upon the coast of
the Hawaiian Islands shall be directed by the consuls of
France, and, reciprocally, the Hawaiian consuls shall direct
tle operations relative to the salvage of the vessels of their
nation shipwrecked or stranded on the coasts of France.
The local authorities shall only interfere in the two countries to preserve order, to secure the interests of the salvors,
if they do not belong to the shipwrecked crew, and to carry
into effect the regulations to be observed for the entry and
the exportation of the merchandise saved. In the absence
of, and until the arrival of the consul or vice-consul, the
local authorities shall, moreover, take all necessary measures
for the protection of individuals, and the preservation of
goods shipwrecked.
The goods saved shall not be subjected to any customhouse duties, unless they be entered for internal consumption.
The charges for salvage and other necessary expenses in the
two countries shall not be other or higher than those which
may be paid in like cases by national vessels.
ARTICLE XXV. It is formally agreed between the two
contracting parties, that besides the preceding stipulations
the diplomatic and consular agents, the subjects of every
class, the ships, the cargoes and the merchandise of either
of the two States, shall enjoy in full right in the other, the
franchises, privileges and immunities of every kind, granted
to or which may be hereafter granted in favor of the most
favored nation, and this gratuitously if the concession be
gratuitous, or with the same compensation if the concession
be conditional.

It is specially stipulated that the postal arrangements, concluded in Honolulu on the 24th of November, 1853, and
which regulate the exchange of correspondence between the
Society Islands and the Hawaiian archipelago, and reciprocally, shall be maintained, and that the two contracting
parties reserve to themselves only the right of modifying the
details thereof, in the proportion and measure that hereafter
necessity may point out.
A'rTICLE XXVI. The present treaty shall be in force for
ten years, counting from the day of exchange of the ratifications, and if, in one year before the expiration of this term,
neither the one nor the other of the two contracting parties
announce by an official declaration its intention that it shall
cease to have effbct, the said treaty will remain still obligatory during one year, and so onwards until the expiration of
the twelve months which shall follow the official declaration
in question, at whatever time it may be made.
It is well understood that in case this declaration come to
be made by one or other of the contracting parties, the pri)visions of the treaty, relative to trade and navigation, and
contained in the articles 8, 9, 10, 11, 12, 13, 14 and 24, shall
be alone considered as having ceased and expired, but that,
in regard to the other articles, the said treaty shall remain,
nevertheless, perpetually obligatory, and cannot be modified
except by a mutual agreement between the two contracting
parties.
ARTICLE XXVII. The present treaty shall be ratified, and
the ratifications exchanged, at Honolulu, within the term of
ten months or sooner, if possible, and it shall not go into
effect until after twelve months from the date of said exchange.
In faith of which the before-named Plenipotentiaries have
signed the same, and have affixed their respective seals.
Done at Honolulu, this twenty-ninth day of October, in
the year of Our Lord, one thousand eight hundred and fiftyseveni.
(Signed.) (Signed.) (Signed.)
EM. iPEIRIN.. KAMEHAMEHA.. C. WAYLLIE,
[Seal. [Seal.] [Seal.
AND, WHEREAS, We have fully examined all the points and
articles thereof, by and with the advice of Our Privy Council
of State, We have confirmed and ratified the foregoing treaty,
and We do confirm and ratify the same, in the most effectual

69
manner, promising on Our faith and word as King, for Us
and Oar successors, to fulfill and observe it faithfully and
scrupulously in all its clauses.
In faith of which We have signed this ratification with
Oar hand, and have affixed thereto the great seal of Our
Kingdom.
Given at Our Palace, at Honolulu, this eighth day of September, in the year of our Lord, one thousand eight hundred
and fifty-eight, and the fourth year of Our reign.
KAMEHAMEHA.
KAAUIUMANU.
By the King and Kuhina Nui,
It. C. WYLLIE.

71
(15) TREATY WITH BELGIUM, OCTOBER 4TH, 1862.
His Majesty the King of the Hawaiian Islands on the one
part, and His Majesty the King of the Belgians on the
other part, desiring to facilitate the establishment of commercial relations between the Hawaiian Islands and Belgium, 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:
His Majesty the King of the Hawaiian Islands, Sir John
Bowring as Envoy Extraordinary and Minister Plenipotentiary, and His Majesty the King of the Belgians, the
Sieur Charles Rogier, His Minister of Foreign Affairs,
Grand Officer of the Order of Leopold, etc., etc., etc.
Who having mutually communicated their powers and found
them in good and true form, have agreed on the following
articles:
ARTICLE 1. There shall be perpetual peace and constant
friendship between the Kingdom of the Hawaiian Islands
Aid that of Belgium, and between the citizens of the two
countries, without exception of person or place.
AITICLE II. There shall be between the Hawaiian Islands
and Belgium reciprocal freedom in commerce and navigation.
Hawaiian subjects in Belgium, and Belgians in the Hawaiian
Islands, 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 commlerce; provide(d alwacys, that the police regulations employed for the protection
of the citizens of the most favored nations be respected.
ARTICLE II:I. The citizens of each of the 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 imay require; they imay carry on
the transport of im erchandise and yon0ey, 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
admatted as sureties in custom-house transactions.
lThe 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 oof 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 customl-house their own declarations or to have their place supplied by their own attornies,
factors, consignees, agents, or interpreters whether in the
purchase or sale of their goods, their property or merchandise, whether for the loading or unloading or of the 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 attornies, 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 shall in future be accorded to foreign settlers, shall be granted to Belgians established or who shall
establish, themselves in whatever positions they nmay deem
fit in the Hawaiian territory.
And the same shall hold good for Hawaiian subjects in
Belgium.
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 rightsand privileges which are granted to natives,
and they shall be subject to the same conditions.
ARTICLE V. The Hawaiians in Belgium, and the Belgians
in the Hawaiian Islands, shall be exempt from all service
whatever, 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
or 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 HIawaxiian subiects in Belgium and to the Belgians in the i{awaiian Islands. 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 partiAs shall, on the respective territories, have the right of
possessing property of any sort, and disposing of the same in
like manner as the natives.
Belgians shall enjoy in all the Hawaiian territories the
right of collecting and transmitting successions ab intestato or
testamentary as H[awaiians, according to the laws of the country without being subjected as strangers to any burthens or
impnosts which are not paid by the natives.
And reciprocally Hawaiian subjects shall enjoy as Belgians,
the right of collecting and transmitting succession ab intestato
or testamentary on the same conditions as Belgians, according to the laws of the country, and without being subject as
strangers to any charge or impost not payable. 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
Belgians in the H:awaiian Islands, or by Hawaiians in Belgium, there shall be no duty on removal or immigration, nor
any duty whatever to which natives are not subjected.
ARTICLE IX. All] Belgian 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 X. Belgian vessels which shall arrive either in
10

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 Belgium, whether
by sea, or by 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, of the public
functionaries, comiunes 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
andi docks, and generally for all the formalities and arrangements whatever to which vessels employed in commerce with
their freight and loading may be subject, it is agreed that no
privilege shall be granted to nationalt vessels, which shall
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.!
AIITICLE XII. Vessels of tlh subjects of the 'ontracting
parties, compelled to seek shelter in the ports of the other,
shall pay neither on the vessel nor the cargo more duties
than those levied on national vessels in the stcime situation;
provided, that the necessity of such shelter seeking be legally
shown, that the vessel shall carry on no commercial speculations, and that it will tarry no longer than is required by the
motives which imrnelled it to enter the port.
ARTICLE XIII. Belgian ships of war, and whaling ships,
shall have free access to all the H-awaiian 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, BE]3gian ships of war and wh.alers shall be
subject to the same rules which are or miny be imposed, and
shall enjoy in all respects the same rights, privileges and imlunities which are or maybe granted to Hawaiian ships and
whalers, or to those of the most favored nation..ArTICL.E 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. -Cawaiian ships in Belgium, and Belgian
ships in the Hawaiian Islands, 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
stall be mutually treated on the same footing as the most
favored nation.
ARTICLE XVII. During the period allowed bylaws of the
two countries for the warehousing of goods, no other duties
than those for custody and storage shall be levied upon articles imported fromr 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 Belgian
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 Belgium, or shipped for Belgium, 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.
And reciprocally the articles of every sort, the produce of
the Hawaiian Islands or sent from that country, shall enjoy

in their passage through Belgium, 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 re-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 funetions or enjoyment of the righti,
privileges and immunities which belong to them until they
have obtained the authorization of the territorial governmnent, which shall, besides, preserve the right of determining
the place of residing where Consuls may be established; it
being understood that neither Goveirnment will im)pose any
restriction which is not common i'n the country to all nations.
ARTICLE XXII. The Consuls General, Consuls, Vice-Consuls and Consular Agents of Belgium in the Hawaiian Islands
shall enjoy all the 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 Belgium 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 Belgian consuls shall have the power to cause to
be arrested and sent on board, or to Belgium, seamen who
may have deserted Belgian vessels in the Hawaiian ports.
But for this purpose they must applly 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 applicLaton, s) supported,
the delivery of the seamen shal.l not be refused.
All aid and assistance shall be given for the discovery and
arrest of such leserters, who s-all. be detained in the prisons
of the country. on the requirelment 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 seamlen who are native Haai anians
shall be excepted from this arrangem 3ent and to be treated
according to tle laws of their own country.
If the deserter have committed any crime in the Hawaiiant
territory, his release shall not take place till the competent
tiibunal shall have givenl judgmlent, and this judgment been
carried into execution.
Hawaiian consuls sha:.ll possess exactly the samell righ4ts in
B-elgium, and it is formally agreed lbetween the two contractiAg parties, that every other favor or facility granted or to be
granted by either to any othei. 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.
ARTICLEI XXIV. All operations connected with thle salvage
of stranded or wrecked vressels o(n the tHawaiian coasts shall
be superintended by the Consular Agent of Belgium and reciprocally the Consular Hawaiian Agents shall superintend
the operati ons coected with tlhe salvage of Hawaiian vessels
stranded or wrecked on the Belgian coasts.
But if the parties interested find theJnls-lves on the spot, or
the capt1ain possess adequate powers, the administration of
the wreck shall be commlitted 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 assure 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 fy: the protection of persons
and property wrecked. /
The goods saved shall never/.a 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

78
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 conpetent tribunals when the right of the
proprietor sh.all 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 Governmlents.
ARTICLE XXVI. If, from a concurrence of unfortunate circumstances, differences between the contracting parties
should cause an interruption of the relations of freindship
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 yeai 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 sttill remain in force for a year, and so continue
from year to year.
AltnIrcI:E XXVIII. The present treaty shall be ratified
and the ratification exchanged at Brussels, whithin the splace
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 Brussels this fourth day of October,
in the year of our Lord one thousand eight hundred and
sixty-two.
[L. s.] JOHN BOWnING.
[z. s.] C. ROGIEB.

79
(16) TR1EATY WITH THE NETHERLANDS.
OCTOBER 16, 1862.
His Majesty the King of the Hawaiian Islands, on the one
part, and His Majesty the King of theb Netherlands on the
other part, desiring by it treaty of Friendship, Commerce
and Navigation to secure amicable relations between the
two kingcdoms and coimmnercial intercourse between their
respective subjects, have to this end namced for their Plenipotentiaries, that is to say:
His Ma'jesty the King of the Hawaiian Islands, Sir John
Bowring, Knight -Bachelor of England, His Minister Plenipotentiary and Envoy Extraordinary; and His 3Majesty the
King of the Netherlands, Jonkheer Paul vander Maesen
de Sonbreff, His Minister of Foreign Affliirs, and Gerardus Henri Betz, His Minister of Finance; who, after having
examilned their full powers and found. themn in good and
true form have agreed on the following articles:
ARJTrICLE I. There shall. be a sincere and durable friendship between His Majesty the King of the Hawaiian Islands,
His heirs andl successors anid 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.
AlRTICLEL II. The respective subjects of the two high contracting parties shall be perfectly and in all respects assim ilated on their estaiblshment arnd settlement, whether for a
longer or shorter time in the States and Colonies of the other
party on the term s granted to the subjects of the most favored.
nation in all which concerns the permissioni of sojourning,
the exercise of legal professions, inmposts, taxes, in a word,
all the conditions relative to sojourn and establishment.
AT-'ICLE III. The products and manufactured articles of
every sort, coming from the Hawvaiian Islands, imported directly or indirectly, and all merch'andise without distinction
of origin imported from the Ha' waiian Islands or their colonies, shall be admitted on the payment of customs import
duties equal and not greater and 'on the samre conditions as
those to which are subjeeted the produce and manufactured
articles of the most favored foreign nation, in the Netherlands and their colonies in matters of commerce and customs.
And reci.procally the produce and manufactured articles
of every sort proceedi.ng from the Kingdom of the Nether

lands 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 saIme conditions as are imposed on the
products and mnanufactured articles of the most favored
foreign nation in the Hawaiianl Islands, and their colonies, as
regards commerce and. customs.
Exception is allowed from this rule where 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.
AITICLE IV. No duties of tonnage, harbor, light-houses,
pilotage, quarantine or other similar duties of whatever
nature or under whatever denorination, 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 as concerns the importation of all goods and
articles of whatever description, the Netherland 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 foreign nation.
AlTrcr,: V. Any advantage which in future either of the
high contracting parties shall grant to another state as regards the establishihments or exercise of industry, com.merce,
custom duties or navigation, shall be granted in the same
way and at the sarme time to the other contracting party.
AIrTICLE 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 the said period
of ten years the itntetion of terminating its conditions, the
treaty shall continue in force for another year, to reckon
from the day on which the oth.er 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.

81
In witness of which the above named Plenipotentiaries
have signed and affixed hereto 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 MAESEN DE SOMBREFF.
[L. s.] G. H. BETZ.
11

Al
V,

(17) TREATY WITH THE SWISS CONFEDERATION,
JULY 20TH, 1864.
TREATY of Friendship, Establishment and Commerce between
His Majesty the King of the Hawaiian Islands and the
Swiss Confederation.
His Majesty the King of the Hawaiian Islands and the Swiss
Confederation, animated by the desire to establish and to
strengthen the ties of Friendship between the two countries, and to promote by every means in their power the
commercial relations between their respective citizens,
have resolved to conclude a Treaty of Friendship and Commerce and reciprocal establishment, and have for that purpose named as their Plenipotentiaries, that is to say:
His Majesty the Hawaiian King, Sir John Bowring, Knight
Bachelor of Great Britain, Commander of the Order of
Leopold of Belgium, etc., etc., His Envoy Extraordinary
and Minister Plenipotentiary, and the Swiss Federal Coun3 Oil, Mr. Frederic Frey Flerosee, Federal Colonel, Member
of the Swiss Federal Council, head of the Department of
Commerce and Customs, who, after having communicated
to each other their respective full powers, found in good
and due form, have agreed upon and signed the following
articles:
ARTICLE I. There shall be, between the Hawaiian Islands
and Switzerland, perpetual peace and reciprocal liberty of
establishment and commerce; Hawaiians shall be received
and treated in every canton of the Swiss Confederation, as
regards their persons and their properties, on the same footing and in the same manner as now are or may hereafter be
treated, the citizens of other cantons. The Swiss shall enjoy
in the Hawaiian Islands all the same rights as Hawaiians in
Switzerland. Conformably with this principle and within
these limits, the citizens of eacl of the contracting parties
may freely, in their respective territories, and conforming
themselves to the laws of the country, travel and sojourn,
trade wholesale and retail, exercise every profession or industry, hire and occupy houses, warehouses, shops or other
establishments necessary to them, effect transport of merchandise and money, receive consignments both from the interior and from foreign countries, and for all or any of these
operations the said citizens shall be subject to no other obligations than those which rest upon national subjects, excepting those police arrangements which, are employed towards

84
the most favored nations. They shall both be placed on a
footing of perfect equality, free in all their purchase3 as in all
their sales, and to establish and to fix the price of articles,
merchandise and all objects imported, as well as national,
whether sold for home consumption or intended for exportation, on the condition of expressly conforming to the laws and
regulations of the country.
They shall enjoy the same freedom for carrying on their
own affairs, of presenting in the custom-house their own
declarations, or of replacing them by whom they please as
attornies, factors, agents, consignees or interpreters in the
purchase or sale of their goods, properties or merchandise.
They shall enjoy the right of exercising all the functions
confided to them by their own countrymen, by foreigners or
natives as attornies, factors, agents consignees or interpreters.
In fine they shall not pay on account of their commerce or
industry in any of the towns, or places of the said States,
whether they be there established or temporarily residingj
any duties, taxes or imposts of whatever denomination they
may be, other or higher than those paid by natives or citizens of the most favored nations and the privileges, immunities or other favors whatever, which are enjoyed in the
matters of commerce or industry by the citizens of either of
the contracting States shall be common to those of the
other.
ARTICLE II. The citizens of one of the contracting parties
residing or established in the territories of the other, who
may desire to return to their country or who shall be sent
away by a judicial sentence, by a police measure regularly
adopted and executed or according to the laws of mendicancy
and public morals, shall be received at all times and under
all circumstances, they and their families in the country of
their origin and in which they may have preserved their
legal rights.
ARTICLE III. The citizens of each of the contracting
parties shall enjoy on the territory of the other the most perfeet and complete protection for their persons and their properties. They shall in consequence have free and easy
access to the tribunals of justice for their claims and the
defence of their rights, in all cases and in every degree of
jurisdiction established by the law. They shall be free to
employ in all circumstances advocates, lawyers or agents of
any class whom they may choose to act in their name, chosen

among those admitted to exercise these professions by the
laws of the country. In fine they shall enjoy in this respect
the same rights and privileges accorded to natives and be
subject to the same conditions.
Anonymous, commercial, industrial or financial societies,
legally authorized in either of the two countries, shall be
admitted to plead in justice in the other, and shall enjoy in
this respect the same rights as individuals.
ARTICLE IV. The citizens of each of the contracting parties shall, on the territories of the other, enjoy full and entire
liberty to acquire, to possess by purchase, sale, donation,
exchange, marriage, testament, succession ab intestato, or in
any other way, every sort of real or personal property which
the laws of the country allow a native of the country to dispose of or to possess.
Their heirs and representatives may succeed them and
take possession by themselves, or by their attorneys, acting
in their names, according to the ordinary forms of law applicable to native citizens.
In the absence of such'heirs or representatives, the property shall be treated in the seame manner as that of a native
citizen under similar circumstances.
And in no case shall they pay on the value of such property any impost, contribution or charge, other or greater than
that to which natives are subject.
In all cases it shall be allowed to the citizens of the two,
contracting parties to export their property, that is to say:
Hawaiian citizens on Swiss territory, and Swiss citizens on
Hawaiian territory, shall freely and without being subjected
on exportation to pay any duty whatever as strangers, or being called on to pay other or heavier duties than those to
which native citizens are themselves subject.
ARrICLE V. The citizens of each of the contracting parties
who may be in the territories of the other, shall be freed
from all obligatory military service, either in the army or the
navy, the national or civic guard or militia. They shall be
free from the payment of all exemption money or contributions imposed for personal service, as from all military requisitions, except for lodgings or supplies for soldiers on their
route, according to the usage of the country, to be required
equally from natives and from foreigners.
ARTICLE VI. Neither in time of peace nor in time of war
shall there, under any circumstances, be imposed or exacted
on the property of a citizen of either of the contracting par

ties in the territories of the other taxes, duties, contributions
or charges higher than are imposed or exacted on the same
properties belonging to a native of the country, or a subject
of the most favored nation.
It is further understood that there shall be neither received nor ldemanded from a citizen of either of the contracting
parities in the territory of the other, any impost, be it what
it may, other or greater than what is or may be demanded of
a native or a citizen, or subject ot the most favored nation.
AL:.rrtCLE VII. It shall be free for each of the two contracting parties to nominate Consuls, Vice-Consuls or Consu1;ar Agents, in the territories of the other. But before any of
these officers can, act as such, he -must be acknowledged and
admitted by the government to which he is sent, according
to the ordinary usage, and either of the contracting parties
may except from the residence of consular officers such particular places as it may deem fit.
The Consular authorities of each of the contracting parties
shall enjoy on the territories of the other all the privileg s,
exemptions and immunities accorded to officers of the same
ran-nk of the most favored nation.
A:irrucvT,: VIII. The two contrcacting parties promise to
place the respective citizens in everything which concerns
the importation, warehousing, transit and exportation of
every article of legal commerce on the salme footing as
native citizens, or the citizens or subjects of the most favored
*naetion, wherever these enjoy an1 exceptional advantage not
granted to natives.
A!tr.rLE IX. Neither of the contracting parties shall exact
on the importation, warehousing, transit or exportation of
the products of the soil, or manufactures of the other, higher
duties than those which are or may be imposed on the same
articles, being the produce of the soil, or the manufactures
of any other country. The import duties to be paid in the
Hawaiian Islands on the products of Swiss origin or manufacture shall, therefore, be, as soon as this present treaty
becomes in force, reduced to the rate accorded to the most
favored nation, and levied by the same rule and under the
samne conditions.
ARiTICLE X. The two contracting parties promise that in
case either of them shall grant to a third power any favor in
conmmercial or customn house matters, that favor shall be
extended at the same time and in full right to the other of
the contracting parties.

ARTICLE XI. Articles subject to duty on entry, but serving as patterns, and which are imported into the Hawaiian
Islands by commercial travelers of Swiss houses, or imported
into Switzerland by the commercial travelers of Hawaiian
houses shall, on both sides, be admitted without charge,
subject to the custom house regulations necessary to insure
their re-exportation or transfer to the bonded warehouse.
ARTICLE XII. Should any question arise between the
contracting countries which eannot be amicably settled by
the diplomatic correspondence of the two governments, these
shall by common accord designate a third friendly and neutral power as arbiter, whose decision shall be recognized by
both parties.
ARTICLE XIII. The stipulations of the present treaty
shall take effect in the two countries from the hundredth
day after the exchange of the ratifications. The treaty shall
remain in vigor for ten years, dating from the day of thl
said exchange. In case neither of the contracting parties
shall have notified twelve months before the end of the said
1pe:7od its intention to terminate the same, this treaty will
continue obligatory till the expiry of a year, reckoning from
the day on which either of the contracting parties shall give
notice of its termination.
The contracting parties reserve to themselves- the right of
introducing by common consent into this treaty any nmodifications which are not opposed to its spirit or its principles,
and of which experience shall have demonstrated the utility.
ARTICLE XIV. The present treaty shall be subjected to
the approval of the Privy Council of His Hawaiian Majesty,
and of the Legislative Chambers of Switzerland, and the ratifications shall be exchanged in Paris within eighteen, months
of the date of the signature, or earlier if may be.
In faith of which the respective Plenipotentiatries have
signed the treaty and hereunto affixed tjieir seals.
Done by duplicate in Berne the twentieth day of July,
one thousand eight hundred and sixty-four.
By the HIawaiian Plenipotentiary,
[L. s.] JOHN BOW1RING,
By the Swiss Plenipotentiary,
[L. s.] FPEDERIC FREY FLEROSEE.,

(18) TREATY WITH ITALY, JULY 22, 1863.
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
Navigattion, 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 1. 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
ties 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-honse 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,
12

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 foreigni
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 sucn 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 ittest(ato 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

92
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 arrangemients 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, cormpelled 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 sfime 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 articlef, 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 s:ame 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.
AITICLE XX. INeither 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 importatio 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,iimmunities 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
tiibunal shall have given judgment, and this judgment 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 othei 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

96
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 commnon accord be appealed to, in order to avoid
by this means a definitive rupture.
AnTICLE 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, whithin 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 Tr(eaty of Commerce andr Navigation,
concluded between the Kingdom of Italyy and the Hawaiian
Islands. at Paris, the 22?d day of July, 18663.
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:
1. Privateering is and remains abolished.
2. The neutral flag shall cover the goods of the enemy,
with the exception of contraband of war.

97
3. Neutral merchandise, with the exception of contraband
of war, shall not be sequestered under an enemy's flag.
4. 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.] IGRA.
[L. S.] JOHN BOWRING,
13

99
(19) TREATY WITH RUSSIA, 19TH JUNE, 1863.
ON the 19th of June, 1869, a Convention of Commerce and
Navigation was duly entered into by His Excellency C. de
Varigny, Minister Plenipotentiary, on behalf of His Hawaiian Majesty, and M. le Comte de Stackelberg, Russian
Ermbassador in Paris, duly authorized to negotiate in the
premises; which said Convention has been duly ratified,
and the ratifications exchanged, on the 1st of December,
1869, and is, word for word, as follows:
ARTICLE I. There shall be a reciprocal liberty of commerce and navigation between Russia and the Hawaiian
Kingdom.
ARTICLE II. The subjects of His Majesty the Emperor of
all the Russias, and the subjects of His Majesty the King of
the Hawaiian Islands, shall be treated reciprocally on the
footing of the most favored nation.
ARTICLE III. It is understood, however, that the preceding stipulations do not interfere in any way with the laws,
ordinances, and special regulations in matters of commerce,
industry and police, that are in force in each of the countries,
and that are applicable to all foreigners.
ARTICLE IV. Each of the two contracting parties shall
have the power to constitute Consuls General and Consular
Agents, in the cities and ports of the States and possessions
of the other, which are opened to foreign commerce. The
Consuls General and Consular Agents shall not, however,
enter upon their functions, except after having been approved
of, and duly admitted by the Government near which they
are accredited. They shall exercise their functions, and shall
enjoy all the privileges, exemptions and immunities belonging to, or that may be granted to, the Consuls of the most
favored nation. In case they should be engaged in trade,
they shall not be entitled to the immunities granted to " Consuls Functionnaries."
ARTICLE V. In case a Russian vessel should be wrecked
on the coasts of the Hawaiian Kingdom, or an Hawaiian vessel on the coasts of Russia, the local authorities shall give
aid and assistance for the salvage of the cargo, and for its
restitution to its owners.
ARTICLE VI. The present Convention of Commerce and
Navigation shall remain in force during ten years from the
date of the signature and Act. It may be renewed at the
expiration of the term of ten years.

100
ARTICLE VII. The stipulations contained in the present
Act, drawn in duplicate in the English and in the French
languages, shall obtain the confirmation of the respective
Governments, and the declarations to that effect, executed in
the usual form, shall be exchanged in Paris, within six
months, or sooner, if possible.
Paris, 19th June, 1869.
[L. s.] C. DE VARIGINY.
[L. s.] CTE. E. DE STACKELBERG.
All persons are hereby notified that the said Convention is
to be regarded, in all its provisions, as part of the public law
of the Kingdom, and respected accordingly.
[L. s.] CHAS. C. HARRIS,
Minister for Foreign Affairs.

101

(20) TREATY WITH SPAIN, OCTOBER 9TH, 1863.
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 Cornyn,
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
jhillip the Magnanimous of Hesse, of that of Christ of
ortugal, &amp;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. &amp;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 1. 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 or 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.

102

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,
le admitted as sureties in Custom-house transactions. The
citizens of both countries shall, on a footing of perfect
eqhality, 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

103

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
sucvh 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.
Eleciprocally 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 vessls.

104

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 functiciaries, communes or establishminents 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 agrded
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.

105

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
tAan 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.
Reeiprocally, 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.
14

106
ARTICLE XVIII. INeither 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 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,,reserve 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
samie circamstances.
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. On0 this application, so supported,
the delivery of the seamen shall not be refused.

107
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 consumprtion.
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

108

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
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.
AETICLE XXV. Hawaiian subjects shall enjoy, in the
Ultra-marine possessions of Spain, the advantages which arm
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, whithin the space
of eighteen months, or earlier if may be.
In faith whereof, the respective Plenipotentiaries have
signed the samle, and thereto affixed their seals.

109
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, WHIERE.AS, 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 Aff(airs.
Foreign Office, Sept. 2, 1870.

(21) POSTAL CONVENTON
(21) POS;TA L (C(ONVENTION
BETI'WEEN THE UNITEl) STATES OE' AMERICA AND T1'I:,
HAWAIIAN KINGDOM.
THE undersigned being thereunto duly authorized by their
respective Governments, have agreed upon the following
articles, establishing and regulating the exchange of correspondence between the United States of America and
the Hawaiian Kingldom:
ARTICLE I. There shall be an exchange of correspondence
lbetween the United States of America and the Hawaiian
Kingdom, by means of the subsidized line of the United'
States mail steamers plying between San Francisco and
Honolulu, as well as by occasional steamers, and by sailing
vessels running between Honolulu and the ports of San Francisco, California, Portland, Oregon, or ports in Puget Sound,
Teekalet, Olympia, and Port Townsend; comprising letters,
newspapers, and printed matter of every kind, originating in
either country, and addressed to and deliverable in the other
country.
AW:RTICLE II. San Francisco, New York, Boston, Portland, Oregon, Teekalet, Olympia and Port Townsend shall
be the United States offices of exchange, and Honolulu and
Hilo the Hauwaiian offices of exchange, for all mails transmitted between the two countries under this arrangemrent.
ARTICLE IIT. The United States office shall defray the
expenses of the sea conveyance of all mails transmitted in
both directions by means of its subsidized line of mail
steaimships, so long as said line is maintained by the government of the United States; and the Hawaiian office shall
defray the expenses of the sea conveyance of all mails transmnitted, in both directions, by means of occasional steamships or by sailing vessels.
ARTICLE IV. NTO accounts shall be kept between the post
office departments of the two countries upon the correspondence exchanged between them, but each country shall
retain to its own use the postages which it collects.
The single rate of international letter postage shall be six
cents on eachl letter weighing half an ounce or less, and an
additional rate of six cents for each additional weigh t of half
an ounce or fraction thereof, which shall in all cases be fully
prepaid by means of postage stapms, at the office of mailing
in either country. If not fully prepaid, they shall not be
forwarded. Letters received in either country from the
other shall be delivered free of all charge whatsoever.

112

The United States office shall levy and collect on newspers, (whether transient or sent to regular subscribers,),addressed to or received from the Hawaiian Kingdom, the
established rates of the United States domestic postage; and
upon all articles of printed matter, except newspapers,
addressed to or received from the Hawaiian Kingdom, a
postage charge of four cents per each weight of four ounces
or fraction of four ounces.
The Hawaii-an post office shall levy and collect on newspapers and other articles of printed matter, addressed to or
received from the United States, the regular rates of postage
chargeable thereon by the laws or regulations of the Hawaiian Kingdom.
ARTICLE V. Letters mailed in the Hawaiian Kingdom and:addressed to countries beyond the United States, with which
the United States have direct postal relations, may be forwarded through the United States to their respective destinations, subject to the same additional postage charges as
are paid by the inhabitants of the United States to such
countries, which, in all cases where prepayment is obligatory
in the United States, may be paid by the senders in the
H-awaiian Islands, by affixing uncanceled United States
postage stamps of sufficient value to effect such prepayment.
On the other hand, prepaid letters from foreign countries,
received in and forwarded from the United States to the
Hawaiian Kingdom, shall be delivered in said Kingdom free
of all charges whatsoever; and letters received in the Hawaiian Kingdom from the United States, addressed to Micronesia or neighboring Islands, will be forwarded to destination, subject to the same conditions as are applicable to
correspondence originating in the Hawaiian Kingdom and
atddressed to those Islands.
ARTICLE VI. Every letter dispatched from one country
to the other shall be plainly stamped with the words "'paid
lll," in red ink, on the right-hand upper corner of the
alddress, in addition to the tlate stamp of the office at which
it was posted.
ARTICLE VII. Dead letters, newspapers, &amp;c., which cannot be delivered, from whatever cause, shall be mutually
returned, without charge, monthly, or as frequently as the
regulations of the respective offices will permit.
ARTICLE VIII. The two offices may, by mutual consent,
make such detailed regulations as shall be found necessary
to carry out the objects of this agreement, such regulations
to terminate at any time on reasonable notice by either office.

113
ARTICLE IX.- This convention shall come into operation
on the 1st day of July, 1870, and shall be terminable at any
time on a notice by either office of six months.
Done in duplicate and signed in Washington on the 4th
day of May, 1870.
[Seal.] JNO. A. J. CRESWELL,
Postinaster General of the United States.
ELISHA H. ALLEN,
His Hawaiian Majesty's Envoy Extraordinary and Minister Plenipotentiary.
I hereby approve the aforegoing convention, and in testimony thereof I have caused the seal of the United States to
be affixed
[Seal.] U. S. GRANT.
By the President:
IHAMILTON FISHt, Secretary of State.
'Washington, May 5, 1870.
All persons are hereby notified that the above convention
is to be regarded, in all its provisions, as part of the public
laws of this Kingdom, and respected accordingly.
[L. S.] CHAS. C. HARRIS,
Minister for Foreign Afflirs.
Foreign Office, June 20th, 1870.
15

1.15

(22) TREATY WITH JAPAN.
WHEREAS, a Treaty of Amity and Commerce between His
Majesty the King, and His Imperial Majesty the Tenno of
Japan, was concluded at Yeddo, on the 19th day of August,
1871, which has been ratified by His Majesty the King,
and His Imperial Majesty, the Tenno of Japan, and the
ratifications duly exchanged âwhich Treaty is, word for
word, as follows:
His Majesty the King of the Hawaiian Islands, and His
Imperial Japanese Majesty, the Tenno, being equally animated by the desire to establish relations of friendship
between the two countries, have resolved to conclude a
Treaty, reciprocally advantageous, and for that purpose
have named their Plenipotentiaries, that is to say, His
Majesty the King of the Hawaiian Islands, His Excellency
C. E. De Long, appointed and commissioned by His Majesty, Envoy Extraordinary and Minister Plenipotentiary
of the Kingdom of Hawaii, near the Government of His
Majesty, the Tenno of Japan, and His Imperial Japanese, Majesty, the Tenno, His Excellency Sawa Iusanme Kiyowara N oluyoshe, Minister for Foreign Affairs, and His
Excellency Terachima Jusee Fugiwara Munemori, First
Assistant Minister r for Foreign Affairs, who having commnunicated to each other their respective full powers, which
are found in good order, and in proper form, have agreed
upon the following Articles:
ARTICLE I. There shall be perpetual peace and friendship
between His Majesty the King of the Hawaiian Islands, and
His Imperial Japanese Majesty, the Tenno, their heirs and
successors, and between their respective subjects.
ARTICLE II. The subjects of each of the two high contracting parties, respectively, shall have the 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 such ports, and places respectively, and hire
and occupy houses and warehouses, and may trade in all
kinds of produce, manufactures and merchandise of lawful
commerce, enjoying at all times the same privileges as may
have been, or may hereafter be granted to the citizens or
subjects of any other nation, paying at all times such duties
and taxes as may be exacted from the citizens or subjects of
other nations doing business or residing within the territories of each of the high contracting parties.

116
ARTICLE III. Each of the high contracting parties shall
have the right to appoint, if it shall seem good to them, a
Diplomatic Agent, who shall reside at the seat of the Government of the respective countries, fnd Consuls and Consular Agents, who shall reside in the ports or places within the
territories of the other where trade with other nations is
permitted. The Diplomatic Agents and Consuls of each of
the high contracting parties shall exercise all the authority
and jurisdiction, and shall enjoy within the territories of the
other all the rights and privileges, exemptions and immunities which now appertain, or may hereafter appertain to
Agents of the same rank of the most favored nations.
ARTICLE IV. It is hereby stipulated. that the Hawaiian
Government and its subjects, upon like terms and conditions, will be allowed free and equal participation in all
privileges, immunities and advantages that may have been
or may hereafter be granted by His Majesty the Tenno of
Japan, to the Government, citizens or subjects of any other
nation.
ARTICLE V. The Japanese Government will place no
restrictions whatever upon the employment by Hawaiian:
subjects of Japanese in any lawful capacity.
Japanese in the employ of foreigners may obtain Government passports to go abroad, on application to the Governnor of any open port.
ARVTICLE VI. It is hereby agreed that such revision of
this Treaty, on giving six months previous notice to either
of the high contracting parties, may be made by mutual
agreement, as experience shall prove necessary.
ARTICLE VII. The present Treaty shall be ratified by
His Majesty the King of the Hawaiian Islands, and by His
Imperial Majesty the Tenno, and the ratifications exchanged
at Yedo, the same day as the date of this Treaty, and shall
go into effect immediately after the date of such exchange of
ratifications.
In token whereof, the respective Plenipotentiaries have
signed this Treaty.
Done at the City of Yedo, this 19th day of August, A. D.
One Thousand Eight Hundred and Seventy-one, corresponding in Japanese date to the fourth day of the 7th month of
the 4th year of Meiji.
(Signed,)
C. E. DE LONG. [Seal.]
SAWA IUSANME KIYOWARA NOLUYOSHE. [Seal.]
TERACHIMA JUSEE FUGIWARRA MUNEMORI. [Seal.]

117
Now, all persons are hereby notified, that the said Treaty
is a part of the Law of this Kingdom, and is to be regarded
as such.
[L. s.] CHAS. C. HARRIS,
Minister for Foreign Affairs.
Foreign Office, September 27th, 1871.
'*

119

(23) POSTAL CONVENTION
BETWtEEN TIlE COLONIAL GOVERNMENT OF NEW SOUTL'II
WALES AND THE HAWAIIAN KINGD)OM.
THE UNDERSIGNED being thereunto duly authorized by their
respective Governments, have agreed upon the following
articles, establishing and regulating the exchange of correspondence between the Colony of New South Wales and
the Hawaiian Kingdom.
ARTICLE I. There shall be an exchange of correspondence
between New South Wales and the Hawaiian Kingdom, by
means of the direct line of Colonial mail packets plying
between San Francisco and Sydney, as well as by such other
means of direct mail steamship transportation as shall hereafter be established with the approval of the respective Post
Departments of the two countries, comprising letters, newspapers, printed matter of every kind, and patterns and samples, of merchandise, originating in either country, and
addressed to, and deliverable in, the other country, as well
as correspondence in closed mails, originating in either
country and destined for foreign countries; by way of New
South Wales or the Hawaiian Islands, as the case may be.
ARTICLE II. The Post Office of Sydney shall be the New
South Wales office of exchange, and Honolulu the Hawaiial
office of exchange for all mails transmitted under this
arrangement.
ARTICLE III. No accounts shall be kept between the
Post Departments of the two countries upon the international
correspondence, written or printed, or upon patterns and
samples of merchandise exchanged between them; but each
country shall retain, to its own use, the postages which it
collects.
The single rate of international letter postage shall be six
pence in New South Wales, and twelve and a half cents in
the Hawaiian Kingdom, on each letter weighing half an
ounce or less, and an additional rate of six pence (12k cents)
for each single weight of half an ounce, or fraction thereof,
which shall in all cases, be prepaid, at least one single rate,
by means of postage stamps, at the office of mailing in either
country. Letters unpaid, or prepaid less than one full rate
of postage, shall not be forwarded, but insufficiently paid
letters, on which a single rate, or more has been prepaid,
shall be forwarded, charged with the deficient postage and
with a fine equal to a single rate (six pence), to be collected

120

and retained by the Post Department of the country of destination. Letters fully prepaid, received in either country
from the other, shall be delivered free of all charge whatsoever.
The Hawaiian Post Office shall levy and collect, to its own
use. on newspapers addressed to New South Wales, a postage charge of two cents, and on all articles of printed matter,
patterns and samples of merchandise addressed to New South
Wales a postage charge of four cents, for each weight of
four ounces, or fraction of four ounces.
The Post Office of New South Wales shall levy and collect,
to its own use, on newspapers and other articles of printed
matter, patterns and samples of merchandise, addressed to
the Hawaiian Kingdom, the regular rates of domestic postage
chargeable thereon by the laws and regulations of the Colony
of New South Wales.
Newspapers and all other kinds of printed matter, and
patterns and samples of merchandise, are to be subject to
the laws and regulations of each country respectively,' in
regard to their liability to be rated with letter postage,
when containing written matter, or any other cause specified
in said laws and regulations, as well as in regard to their
liability to customs duty under the revenue laws.
ARTICLE IV. Letters, newspapers and other articles of
printed matter and patterns and samples of merchandise,
received in New South Wales from the Hawaiian Post Office,
addressed to the Colonies of Australia, will be forwarded to
destination, subject to the same rates of postage as are
chargeable upon correspondence addressed to the Colony of
New South Wales itself, and correspondence for such
other Colonies of Australia, will be transmitted from New
South Wales to such other Australian Colonies, under
arrangement between the uovernments of such other Australian Colonies and the Government of New South Wales.
ARTICLE V. The two Post Departments may, by mutual
agreement, provide for the transmission of registered articles,
in the mails between the two countries.
The register fee for each article shall be four pence in
New South Wales and fifteen cents.in the Hawaiian Kingdom.
ARTICLE VI. The two Post Departments shall settle, by
agreement between them, all measures of detail and arrangement required to carry this Convention into execution, and
may modify the same in like manner, from time to time, as
the exigencies of the service may require.

121
ARTICLE VII. Every fully prepaid letter dispatched from
one country to the other shall be plainly stamped with the
words "paid all," in red ink, on the right hand upper corner of the address, in addition to the date stamp of the office
at which it was posted; and, on insufficiently paid letters,
the amount of the deficient postage and fine shall be inscribed in black ink.
ARTICLE VIII. Dead letters which cannot be delivered
from whatever cause, shall be mutually returned, without
chlarge, monthly, or as frequently as the regulations of the
respective offices will permit.
ARTICLE IX. This Convention shall come into operation
on the first day of July, 1874, and shall be terminable at
anly time, on a notice by either office of six months.
Done in duplicate and signed at Honolulu, the 10th lday
of March, in the year of Our Lord one thousand eight hunredt and seventy-four.
[L. 0 Is HEtI,,MATNN A. WIDEMANN,
His Ha.waiian Mlajesty's Minister
of the Interior, and Special
Commissioner.
Done in duplicate and signed at Sydney, the thirtieth day
of April, in the year of Our Lord one thousand eight hundred and seventy-four.
[L. S.) SAUL SAMUEL,
Postmanster-General of the Colony
of New South WaCles,
df

123

(24) TREATY OF RECIPPOCITY
BETWEIEN THE UNITED STATES OF AMERICA ANI) THEl;
HAWAIIAN KINGDOM.
'ltOCLAMATITON.
WVHEREASla, by the advice and approval of the Legislature of
Our Kingdom, We did enter into a Convention with the
United States of America on the subject of Commercial
teciprocity, which said Convention was concluded and
signed by our Plenipotentiaries and the Plenipotentiary
of the United States of America, at the City of Washington, on the 30th day of January, 1875, and as Amended
by the Contracting Parties is word for word as follows:
THE United States of America and His Majesty the King of
the Hawaiian Islands, equally animated by the desire to
strengthen and perpetuate the friendly relations which have
heretofore uniformly existed between themi, and to consolidate their cozmmnercial 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
IMaLjesty 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 Plenipotentiary to the United
States of America, and Honorable Henry A. P. Carter,
M1ember 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: â
AItTICLE I. For and in consideration of rights and privileges granted by His Majesty the King of the Hawaiian
Islands in the next succeeding article of this Convention,
and as an equivalent therefor, the United States of America
hereby agree to admit all the articles named in the following
schedule, the same being the growth and manufacture or
produce of the Hawaiian Islands, into all the ports of the
United States, free of duty.
SCHEDULE.
Arrow-root;
Castor oil;

124

Bananas;
Nuts;
Yegetables, dried and unidried, preserved and unpreserved;
Hides and skins, undressed;
Rice;
Pulu;
Seeds, Plants, Shrubs, or Trees;
M3uscovado, brown, and all other unrefined Sugar, meaning hereby the grades of sugar heretofore commonly imported from the Hawaiian Islands, and known in the marets of San Francisco and Portland as "Sandwich Island
Sugar;"
Syrups of sugar-cane, Melatdo, and I1olasses;
Tallow;
ARTICLE II. For and in consideration of the rights an(.
p)rivileges granted by the United States of America in the
preceding article of this Convention, and a aan equivalent
therefor, IHis Iajesty the King of the Hawaiian Islands
hereby agrees to admit all the articles named in the following schedule, the same being the growthvl, manufacture, or
produce of the United States of America, into all the pol's
of the Hawaiian Islands free of dutty,
SCHEDULE.
Agricultural Inmpleme.nts;
Animals;
Beef, Bacon, Pork, Ham, and all fresh, smoked, or preserved meats;
Boots and shoes;
Grain, Flou-r, Meal, and Bran, bread and 1breadstuffI, of
all kinds;
Bricks, Lime, and Cem-ent;
Butter, Cheese, Lard, Tallow;
Bullion;
Coal;
Cordage, naval stores, including Tar, Pitch, eesin, Turpentine, raw and rectified;
Copper and Composition Sheathing, Nails and Bolts;
Cotton and Ilanufactures of Cotton, bleached and uneleached, and whther or not colored, stained, painted or
printed;
Eggs;
Fish and Oysters, and all other creatures living in the
water, and the products thereof;

125
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, Tacks,
Brads or Sprigs;
Ice;
Iron and Steel, and manufactures thereof;
Leather;
Lumber and Timber of all kinds, round, hewed, sawed
and unmanufactured, in whole or in part;
Doors, Sashes and Blinds;
Machinery of all kinds, Engines and parts thereof;
Oats and Hay;
Paper, Stationery and Books, and all manufactures of
paper or of paper and wood;
Petroleum and all Oils for lubricating or illuminating pur' poses;
Plants, Shrubs, Trees and Seeds;
Rice;
ugar, refined or unrefined;
alt;
Soap;
Shooks, Staves and Headings;
Wool and Manufactures of Wool, other than ready-made
clothing;
Wagons and Carts for the purposes of agricultural or of
drayage;
Wood and Manufactures of Wood, or of wood and metal,
except furniture, either upholstered or carved, and carriages;
Textile Maniufactures, 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.

126

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 any
special privilege or rights 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 niot 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 givene,
and the ratifications of the Convention having been exchanged, as provided in Article VI, the Convention shall
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 any time thereafter.
ARTICLE VI. The present Convention shall be duly ratified, and the ratifications exchanged at Washington City,. within eighteen months from the date thereof, or earlier if
possible.
In faith whereof the respective Plenipotentiaries of the
high contracting parties have signed this present Conventions
and have affixed thereto their respective seals.
Done in duplicate, at Washington, the thirtieth day of
January, in the year of our Lord one thousand eight hundred and seventy-five.
[SEAL.] HAMILTON FISH.
[SEAL.] ELISHA H. ALLEN.
[SEAL.] HENRY A. P. CARTER.

127

AND, WHEREAS, the said Convention, as Amended, was
ratified by Ourselves on the 17th of April, 1875, and by His
Excellency the President of the United States of America,
on 31st of May, 1875, and the said ratifications were exchanged at the City of Washington, June 3rd, 1875.
Now, therefore, We do proclaim and make public the same
to the end that it and every Clause and Article thereof may
be observed and fulfilled with good faith by every person
within Our Kingdom. And the said Convention shall go
into effect as soon as intelligence is received that the Government of the United States has madce the necessary provisions for carrying it into operation.
In witness whereof, we have hereunto set Our hand
[L. s.] and caused the Seal of Our Kingdom to be affixed
this 17th day of June, A. D. 1876.
KALAKAUA, R.
1y the King:
W. L. GREEN,
Minister of Foreign Affairs.

129
(25) TREATY OF FRIENDSHIP, COMMERCE
AND NAVIGATION AND CONSULAR CONVENTION,
BETWEEN THE GERMAN EMPIRE AND THE KINGDOM
OF THE HAWAIIAN ISLANDS.
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, irnmmunities 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 repective Plenipotentiaries, namely:
His Majesty the German Emperor, King of Prussia: His
Superior Privy Councillor of Government Dr. Johannes
Rosing and His Privy Councillor 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 free and easy access to the courts of justice, provided by law, in pursuit and defence 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 suc17

130

cession 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
ensured, or that may be hereafter ensured 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 loan3 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 iative 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

131
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 completeY
wholly pr 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 competing
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 admeasurernent 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 respective 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

132

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
onl the importation into the Hawaiian Islands of any article
the growth, produce or manufacture of the German Empire,
and no other or higher duties shall be imposed on the importation into the German Empire of any article, the growth,
produce or 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 temlporarily prohibiting from sanitary reasons the importation of
certain articles from the territories of the other Contracting
Party.
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.

133

Merchandise shipped on board German or Hawaiian ships
or belonging to their respetive subjects or citizens may be
transhipped 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 transhipped 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 High 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 free 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 High 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, snall 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,

134

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 like 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 necespary exequatur for the exercise of their functions shall be
flrniished 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 Agent, 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

135

circumstances?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
or 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 on 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 known 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,

136
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 ou
board, of 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 Consul-General, Consul, Vice-Consul or Consular Agent
under his official seal, shall be received by the public officials and in courts of justice as legal documents or as 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

13T

officer of the nation, to which the deceased belonged, of the
circumstances, in order that the necessary information may
be immediately forwarded to parties interested.
The said Consular officer shall have the right to appear
personally oi by delegate in all proceedings on 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 hlie 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
nation, 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 of 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 them 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.
18

138
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 -- atual contracts. 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
than 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 whoin 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 th'e
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 (-ermany 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 or
offence) shall be given up to the Consuls. All aid and pror

139
tection 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
within 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 of the two countries,
whether they 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
tile parties cannot agree, the local authorities shall decide.
AnTICLE 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 ConsulGeneral, Consul, Vice-Consul or Consular Agent of the district of the occurrence, or if there be no such Consular Agency
they shall inform the Consul-General, Consul, Vice-Consul
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 local
authorities no charges shall be made, except such as in similar cases are paid by the vessels of the nation.
In case of doubt concerning the nationality of a shipwrecked vessel, the local authorities shall have exclusively

140

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, Lu 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 exchanged 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 ther6to 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.] JOHAINNES 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,

141

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.1 JOHANNES ROSING, DR.,
[L. s.] H. v. KUSSEROW,
[L. s.] H. A. P. CARTER.
AND WHEREAS. the said Treaty has been now duly ratified
by His M\ajesty the King and His Imperial Majesty of the
German Empire, 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.] JOHN MAKINI KAPENA,
Minister of Foreign Affairs.
DECLARATION. âThe undersigned, Plenipotentiaries, negotiators of the foregoing Treaty of Friendship, Commerce and
Navigation 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
in 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 heldlegal 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 âThe clause in the same Article XII, "if, however,

142
thle 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. CAItTEP,,
JOHANNES POSING,
H, v. KUTTSE.PROW.

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(26) PEOVISIONAL CONVENTION
BETWE:EN PORTUGAL AND TIE H[AWNAIIAN ISLANI)S.
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, Grandl
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 theil
full powers, which they found in good and due form,
agreed to the following:
ARTICLE I. The Consular Agents, the subjects, 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 d(esirous 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, thle

144

quantity and quality of food, medicine, and all sanitary and
hygienic conditions.
2. That in view of this, the Diplomatic or 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 whic/ the preceding clause
refers.
3. That to the same Diplomatic or 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.
[L. S.] ANTONIO DE SERPA PIMENTAL,
[L. s.] 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 word as King, for Us and Our successors, to fulfill
and observe it faithfully and scrupulously in all its clauses.

145

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 lolani, in the City of Honolulu, this
twenty-sixth day of August, in the year of Our Lord
[L. s.] 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.
[L. s.] WALTER MURRAY GIBSON,, Minister of Foreign Affairs,
Department of Foreign Affairs, Honolulu, August 26th,
1882.
19

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I I I.
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147

(27) CONVENTION
3ETWEEN THE EMPIRE OF JAPAN AND TIHE KINGDOM OF THE
HAWAIIAN ISLANDS.
WHEREAS, a large number of the subjects of His Majesty
the Emperor of Japan have emigrated to the Hawaiian
Islands;.and, whereas, it is not unlikely that others of His
Imperial Majesty's subjects may desire to take advantage
of the system of free and voluntary emigration, which has
been established, and which it is intended by this Convention to confirm; and, whereas, it is equally the desire
of His Majesty the King of the Hawaiian Islands, and His
Majesty the Emperor of Japan to afford the emigrants the
most ample and effectual protection compatible with the
Constitution and Laws of Hawaii, His Majesty the King
of the Hawaiian Islands and His Majesty the Emperor of
Japan, being 'resolved to treat upon these important subjects, have, for that purpose, appointed their respective
Plenipotentiaries to negotiate and conclude an Emigration
Convention, that is to say:
His Majesty the King of the Hawaiian Islands, Robert
' Walker Irwin, Knight Commander of the Royal Order of
Kalakaua, His Majesty's Charge d'Affaires and Consul
General at Tokio, and His Hajesty the Emperor of Japan,
Count Inouye Kaoru, Jusammi, His Imperial Majesty's
Minister of State for Foreign Affairs, First Class of the
Order of the Rising San, etc., who, after a reciprocal comn-nnication of their respective full powers, found in good
and due form, have agreed upon and concluded the following Articles:
ARTICLE I. It is mutually agreed between the Contracting
Parties, that the several stipulations contained in this Convention shall. so far as the same are applicable, embrace as
well the subjects of His Majesty the Emperor of Japan, who
have already emigrated to the Hawaiian Islands, as those
who may hereafter emigrate thither.
ARTICLE II. The Government of His Majesty the Emperor of Japan agree that in pursuance of- the provisions of
this Convention, and so long as the same shall remain in
force, Japanese subjects may freely emigrate to the Hawaiian Islands. But nothing herein contained shall be held to
deprive His Imperial Japanese Majesty's Government,of the
right, in individual cases, to prohibit such emigration, or at
their pleasure generally to limit, suspend, or prohibit such
emigration, if in their judgement the exigencies of the State,

148

or the welfare of the Japanese subjects, justifies such action.
It is, however, understood that this right shall not be arbitrarily exercised, neither shall it be enforced against intending emigrants, in respect of whom the Japanese Government
shall have given the permission provided for in Article III
hereof.
ARTICLE III. All emigration under this Convention shall
be carried on between the Ports of Yokoham; a and Honolulu.
The Kenrei of Kanagawa shall, in all matters connected
therewith, represent and act on behalf of the Japanese Government. His Hawaiian Majesty's Government engage to
appoint a Special Agent of the Hawaiian Board of Immigration to reside at Yokohama. The appointment of such
agent shall be subject to the approval of the Japaneq 3 Government.
It shall be the duty of the said Agent to correspond and
consult with the said Kenrei upon all matters connected
with the subject of Japanese emigration to Hawaii, and he
shall moreover be charged with the duty of making all
necessary arrangements with reference to the embarkation
and transportation of intending emigrants. Whenever em'-l
grants are desired, the said Agent shall give the said Kenrei
at least one month's previous notice, setting forth the number and class of persons desired, to which notice the said
Kenrei shall, without unnecessary delay, reply, giving the
determination of His Imperial Majesty's Government in that
behalf. In default of such notice, or in default of a favorable reply thereto from the said Kenrei, the concluding paragraph of the last preceding Article hereof shall not apply.
ARTICLE IV. All emigration under this Convention shall
be by contract. The contracts shall b6 for periods not exceeding three years, and shall be in accordance with a form
to be approved by both Governments. The contracts shall
be concluded at Yokohama, by and between the Special
Agent of the Hawaiian Board of Immigration, in the name
and on behalf of the Hawaiian Government and the intending emigrants, and shall be approved by the Kenrei of Kanagawa. During the continuance of any such contracts, the
Hawaiian Government shall assume all the responsibilities
of employer towards the emigrants, and shall consequently
be responsible for the due and faithful performance of all th6
conditions of such contracts. And, at the same time, the
said Government of Hawaii guarantees to each and every
Japanese emigrant the full and perfect protection of the laws

149

of the Kingdom, and will endeavor at all times and under all
circumstances to promote the welfare and comfort of such
em igrants.
ARTICLE V. His Hawaiian Majesty's Government agrees,
moreover, to furnish all emigrants, under this Convention,
free steerage passage, including proper food, from Yokohama to Honolulu, in first class passenger steamers. The
steamers selected for the purpose of transporting such emigrants shall be approved by the Kenrei of Kanagawa.
ARTICLE VI. In order to ensure the proper fulfillment of
the terns of the Contracts entered into between the Board
of Immigration of the Hawaiian Kingdom and any Japanese
emigrants, and to affird full protection to such emigrants in
the enjoyment of their rights under the Laws of the Hawaiian Kingdom, His Hawaiian Majesty's Government will
provide and employ, during the continuance of any of the
contracts aforesaid, a sufficient number of Inspectors and
Interpreters who shall be able to speak and interpret the
Japanese and English languages, and the services of such
Interpreters shall at all times be rendered without charge to
suih emigrants, in the Courts of the Hawaiian Kingdom, in
any suits arising out of or concerning any such Contracts, in
which such emigrants may be plaintiffs, defendants, complainants or accused.
ARTICLE VII. The Government of His Hawaiian Majesty
will, during the continuance of any of the Contracts provided
for by this Convention, employ a sufficient number of Japanese physicians to attend the emigrants, and will give to the
said physicians the status of Government physicians, and
will station them in such localities as may from time to time
appear to be desirable in order to afford the emigrants all
necessary medical aid.
ARTICLE VIII. His Hawaiian Majes 's Governmentfurther agree that the Diplomatic and Cansular Agents of Japan
in Hawaii shall at all times have free and unrestricted access
to all Japanese emigrants; they shall be afforded every
facility to satisfy themselves that the Contracts are being
fulfilled in good faith; and they shall also have the right, in
case of violation thereof; to ask and obtain the protection of
the laws and the local authorities of Hawaii.
ARTICLE IX. The well-being, happiness and prosperity
of Japanese subjects emigrating to Hawaii, being equally
objects of solicitude to both the Contracting Parties, His
Imperial Japanese Majesty's Governnment consent that His

150
Hatwaiian Majesty's Governlent shall have the right to send
back to Japan all evil-disposed, vicious or vagrant Japanese
subjects in Hawaii, who may create trouble or disturbance,
or encourage dissipation of any kind among the emigrants,
or who may become a charge upon the State.
ARTICLE X. The present Convention shall be ratified,
and the ratifications shall be exchanged at Honolulu as soon
as possible.
ARTICLE XI. The present Convention shall take effect
immediately upon the exchange of the ratifications thereof.
and shall remain in force for the period of five years; and
thereafter until six months previous notice shall have been
given by one of the Contracting Parties to the other of its
intention to abrogate it.
In testimony whereof, the respective Plenipotentiaries
have signed the Present Convention in the English language,
and have hereunto affixed their seals.
Done at the City of Tokio this twenty-eighth day of the
first month of the nineteenth year of Meiji, corresponding to
the twenty-eighth day of January, in the eighteen hundred
and eighty-sixth year of tle Christian Era.
(Signed) R.W. IRWIN, [L. S.]
(Signed) INOUYE KAORU. [L. s.]
Now be it known that the above Convention has been
duly ratified by His Majesty the King and His Imperial
Majesty the Emperor of Japan, and the said ratifications
have been duly exchanged.
Therefore, the said Convention has become a part of the
law of this Kingdom, and all the provisions thereof are to
be observed accordingly.
[CiL..] 'WALTER M. GIBSON,
Minister of Foreign Affairs.
Foreign Office, Honolulu, March 8, 1886.

151

(28) UNIVERSAL POSTAL UNION.
ADDITIONAL ACT OF LISBON TO THE CONVELNION OF TIHE
IST OF JUNE, 1887,
CONCLUDED between Germany, the United States of America,
the Argentine Republic, Austro-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chili, the United States of Colombia,
the Pepublic of Costa Rica, Denmark and the Danish
Colonies, the Dominican Republic, Egypt, Ecuador, Spain
and the Spanish Colonies, Great Britain and certain British Colonies, Canada, British India, Greece, Cuatemdala,
the Republic of Hayti, the Kingdom of Hawaii, the
Republic of Honduras, Italy, Japan, the Republic of
Liberia, Luxemb ourg, Mexico, Montenegro, Nicaragua,
Paraguay, the Netherlands and the Netherland Colonies,
Peru, Persia, Portugal and the Portuguese Colonies, Rtoumania, Russia, Salvador, Servia, the Kingdom of Siam,
Sweden and Norway, Switzerland, Turkley, Uruguay and
The United States of Venezuela.
The undersigned, Plenipotentiaries of the Governments of
the countries specified below, assembled in Congress at
Lisbon. In virtue of Articl XIX of the Convention concluded at Paris on the 1st of June, 1878. Have by common consent, and subject to ratification, resolved upon the
following Additional Act.
ARTICLE I. The Convention of the 1st of June, 1878, is
altered as follows:
I. Article II shall henceforth read as follows:
Article II. The stipulations of this Convention extend
to letters, post cards, both single and with reply paid,
printed papers of every kind, commercial papers and patterns or samples of merchandise, originating in one of the
countries of the Union, and intended for snother of those
countries. They also apply, as far as regards conveyance
within thie Union, to the exchange by post of the articles
above mentioned between the countries of the Union and
countries foreign to the Union, whenever the services of two
of the Contracting Parties at least are used for that exchange.
All the Contracting Countries are not bound to issue cards
with reply paid, but they assume the obligation of returning
the reply halves of cards received from other countries of the
Uni on.
II. Article IV is altered as follows:
Paragraph 8 is replaced by the following stipulation:

152

2. That in all cases where the sea transit rate is fixed at
present at 5 francs per kilogramme of letters or post cards,
and at 50 centimes per kilogramme of other articles, those
rates are maintained.
Paragraph 13 is altered as follows:
The general accounting for those charges takes place on
the basis of statements prepared every three years during a
period of 28 days, to be determined on in the Detailed Reg- 4
ulations referred to in Article X1V hereafter.
Paragraph 14 is replaced by the following stipulation:
Correspondence between Postal Administrations, the reply
halves of double post cards, returned to the country of
origin, articles redirected or missent, undelivered articles,
acknowledgments of delivery, post office money orders or
advices of the issue of orders, and all other documents relative to the Postal Service, are exempt from all charges for
territorial or sea transit.
III. Article V is altered as follows: -,
The 3rd paragraph shall henceforth read:
2. For post cards, 10 centimes for single cards or for
each of the two halves of cards with reply paid.
The 2nd sentence of the 7th paragraph, beginning with
the words " As a temporary measure" is cancelled.
The 14th paragraph shall henceforth read:
4. Lastly, packets of commercial papers and printed
papers of every kind the weight of which exceeds 2 kilogrammes, of which measure in any one direction more than
45 centimetres.
IV. Between Articles V and VI, a new article is interpolated in these terms:
Article V bis. The sender of a letter or other article can
have it withdrawn from the post or have its address altered,
so long as such article has not been delivered to the
addressee.
The request for such withdrawal is sent by post or by telegraph at the expense of the sender, who must pay as follows:
1. For every request by post the rate applicable to a
registered single letter.
2. For every request by telegraph, the charge for a telegram according to the ordinary tariff.
The stipulations of this Article are not obligatory for
countries in which the legislation does not permit the sender
to dispose of an article in its course through the post.

153

V. The last five paragraphs of Article VI, after the words
In case of the loss of a registered article, &amp;c.," are cancelled, and, following that article, a new article is added,
thus:
Article VI. bis. In case of the loss of a registered article,
and except in cases beyond control, the sender, or, at the
request of the sender, the addressee is entitled to anl indemnity of 50 francs.
The obligation of paying the indemnity rests with the Administration to we ich the despatching office is subordinate.
To that Administration is reserved a remedy against the
Administration responsible, that is to say, against the Administration on the territory or its the service of which the
loss took place.
Until the contrary be proved, the responsibility rests with
the Administration which, having received the article without making any observation, cannot establish the delivery
td the addressee or the regular transfer to the following
Administration, as the case may be.
The payment of the indemnity by the despatching office
ought to take place as soon as possible, and at the latest
within a year of the date of the application. The responsible office is bound to refund to the despatching office, without
delay, the amount of the indemnity paid by the latter.
It is understood that the application for an indemnity is
only entertained if made within a year of the posting of the
registered article; after this term the applicant has no right
to any indemnity.
If the loss occurred in course of conveyance between the
exchanging offices of two adjacent countries, without its
being possible to ascertain on which of the two territories
the loss took place, the two Administrations concerned bear
each a half of the loss.
The Administrations cease to be responsible for registered articles for which the owners have given a receipt on
delivery.
As a temporary mneasure, the Administrations of countries
beyond Europe, whose legislation is actually opposed to the
principle of responsibility, are permitted to postpone the
application of the preceding clause until the time when they
shall have obtained by legislative enactment authority to
subscribe to it. Up to that time the other Administrations
20

154
are not bound to pay an indemnity for the loss, in their respective services, of registered articles addressed to or originating in the said countries.
VI. Between Articles IX and X a new Article is interpolated in these terms:
Article IX bis. At the request of the sender, all classes
of correspondence are sent to the addresses by a special
messenger immediately on arrival in those countries of the
Union which consent to undertake this service in their reciprocal relations.
Such correspondence, which is called "express," is subject to a special charge for delivery; this charge is fixed at
30 centimes, and must be fully paid in advance by the sender,
in addition to the ordinary postage. It belongs to the
Administration of the country of origin.
When an article is destined for a place where there is no
Post Office, the postal Administration of the country of destination can levy an additional charge, up to the amount of
the price fixed for delivery by express in its inland service,
less the fixed charge paid by the sender, or its equivalent in
the money of the country which levies this additional charge.
"Express" letters, &amp;c., upon which the total amount of
-the charges payable in advance has not been prepaid are
delivered by the ordinary means.
VII. Article X shall henceforth read as follows:
Article X. No supplementary postage is charged for, the
redirection of postal packets within the interior of the Union.
Undelivered correspondence does not when returned give
rise to the repayment of the transit charges due to intermediary Administrations for the previous conveyance of such
correspondence.
VIIL. The first three paragraphs of Article XI are cancelled, and replaced by the following stipulations:
It is forbidden to the public to send by post1. Letters or packets containing pieces of money;
2. Any packets whatever containing articles liable to
Customs duty.
3. Gold or silver bullion, precious stones, jewelry, or
other precious articles, but only in case their insertion or
transmission is forbidden by the legislation of' the countries
concerned.
IX. Article XIII is altered as follows:

155
Article XIII. The exchange of letters of declared value,
the post office money order system, the parcel post system,
the collection of bills of exchange, &amp;c., the system of certificates of identity, &amp;c., from the subject of special arrangements between the various countries or groups of countries
composing the Union.
X. The end of the last paragraph of Article XIV, beginning with the words '- for the conditions of the delivery of
letters by express," &amp;c., is cancelled, and this paragraph,
will read henceforth:
The Administrations interested are, however, permitted to
come to mutual arrangements for the adoption of lower rates
of postage within a radius of 30 kilometres.
XI. The 1st paragraph of Article XV is to read as
follows:
The present Convention does not involve alteration in the
legislation of any country as regards anything which is not
provided for by the stipulations contained in this Convention.
XII. Article XVII is altered as follows:
'Article XVII. In case of disagreement between two or
more members of the Union as to the interpretation of the
present Convention, or as to the responsibility of an Administration in case of the loss of a registered article, the question in dispute is decided by arbitration. To that end, each
of the Administrations concerned chooses another member
of the Union not directly interested in the matter.
The decision of the arbitrators is given by an absolute
majority of votes.
In case of an equality of votes the arbitrators choose,
with the view of settling the difference, another Administration equally uninterested; the question in dispute.
The stipulations of the present Article apply equally to
all the agreements concluded in virtue of Article XIII of
the Convention of the 1st of June, 1878, modified by Article
I, Section 9, of the present additional Act.
XIII. The 2nd and 3rd paragraphs of Article XX will
read henceforth:
1. Unanimity of votes if they involve any modification of
the stipulations of the present Article or the foregoing
Articles II, III IV, V, V bis, VI, VI bis, IX and IX bis.
2. Two-thirds of the votes, if they involve a modification

156
of the stipulations of the Convention other than those of
Articles II, III, IV, V, V bis, VI, VI bis, IX, IX bis,
and XX.
ARTICLE II. 1. The present Additional Act shall come
into force on the 1st of April, 1886, and shall have the same
duration as the Convention concluded at Paris on the 1st of
June, 1878.
2. It shall be ratified as soon as possible. The deeds of
ratification shall be exchanged at Lisbon.
In faith of which the Plenipotentiaries of the countries
enumerated above have signed the present additional Act at
Lisbon on the twenty-first of March, one thousand eight
hundred and eighty-five.
For Great Britain &amp; certain English Colonies âS. A. Blackwood, H. Buxton Forman.
Germany âSachse, Fritsch.
United States of America-William T. Otto, Jas. S.
Crawford.
Argentine Republic âF. P. Hansen.
Austria-Dewez, Varges.
Hungary âGervay.
Belgium-F. Gife.
Bolivia-Joaquin Caso.
Brazil âLuiz C. P. Guimaraes.
Bulgaria-R. Ivanoff.
Chili âM. Martinez.
United States of Colombia-Cesar Conto.
Republic of Costa RicaDenmark and the Danish Colonies-Lund.
Dominican Republic âP. Gomez da Silva.
Egypt-W. F. Halton.
Ecuador-Antonio Flores.
Spain and the Spanish Colonies-S. Alvarez Bugallal,
A. Herce.
France âLaboulaye, A. Besnier.
The French Colonies-Laboulaye.
Canada-S. A. Blackwood, H. Buxton Forman.
British India-H. E. M. James.
Greece âEugene Borel.

157

Guatemala âJ. Carrera.
Republic of Hayti âLaboulaye, Ansault,
Kingdom of Hawaii âEugene Borel.
Republic of Honduras-J. Carrera.
Italy-J. B. Tantesio.
Japan-Yasushi Nomura.
Republic of Liberia-Comte Senmarte.
Luxembourg-Ch. Rischard.
Mexico-L. Breton y Vedra.
Montenegro Dewez, Varges.
Nicaragua-Manuel J. Alves IDiniz,
Paraguay-F. A. Rebello.
The Netherlands and the Netherland Colonies-H-Itfstede, B. Sweerts de Landes-Wyborgh.
PeruPersia-N. Semino.
Portugal-Guilhermino Augusto de Barros, Ernesto Madeiro Pinto.
Portuguese Colonies-Guilhermino Augusto de Barroso
Roumania âJon Ghika.
Russia âN. de Besack, Georges de Poggenpohl.
SalvadorServiaKingdom of Si-am-Prisdang.
Sweden-W. Roos.
Norway-Harald Asche.
Switzerland-Ed. Hohn.
TurkeyUruguay âEnrique Kubly.
Venezuela âJ. L. Pera Crespo.
FINAL PROTOCOL-At the moment of proceeding to sign
the Convention settled by the Universal Postal Congress of
Lisbon, the undersigned Plenipotentiaries have agreed as
follows:
1. Peru, Salvador, Servia and Turkey which form part of
the Postal Union, not having sent representatives to the
Congress, the Protocol remains open for them to adhere to
the Conventions which have been concluded by it, or only
to one or other of them. This is equally the case in regard

158

to the Republic of Costa Rica, whose representative is not
present at the sitting during which the Acts will be signed.
2. The British Colonies of Australia and the British
Colonies of the Cape and Natal shall be admitted to adhere
to those Conventions, or to one or other of them, and the
Protocol remains open to them for that purpose.
3. The Protocol remains open in favor of the countries
whose representatives have signed to-day the principal Convention alone, or only a certain number of the Conventions
settled by the Congress, in order to allow them to adhere to
the other C(onventions signed this day or to one or other
of them.
4. The adhesions contemplated in the foregoing Articles
1, 2 and 3 must be notified to the Portuguese Government
by the respective Governments, in diplomatic form. The
term accorded for that notification will expire on the 1st
of February, 1886.
5. The representatives of the countries which have not
hitherto adhered to one or other of the undermentioned
Conventions, na-mely
The Convoention of the Ist of June, 1878;
The Agreement, dated the 1st of June, 1878, concerning
the exchange of letters with value declared;
The Agreement of the 4th of June, 1878, concerning the
exchange of postal money orders;
The Convention of the 3rd of November, 1880, concerning
the exchange of postal parcels without declaration of value;
Having been admitted to participate in the additional
Acts modifying and completing those Conventions and
Agreements, their signature at the foot of one or other of
such additional Acts implies on their part, subject to ratification, adhesion in the name of their respective countries to
the Convention or Agreement to which such additional Act
relates, from the date on which the latter comes into force.
VI. In case one or more of the Contracting Parties to
the Postal Conventions, signed to-day at Lisbon, shall not
ratify one or other of those Conventions, that Convention
shall be none the less valid for the States which shall have
ratified it.
In faith of which the under-mentioned Plenipotentiaries
have drawn up the present final Protocol, which shall have
the same force and value as if its provisions were inserted in
the text itself of the Conventions to which it relates; and they

159
have signed it on a single copy which shall remain in the
archives of the Portuguese Government, and of which a copy
shall be handed to each party.
Lisbon, the twenty-first of March, one thousand eight
hundred and eighty-five.
[Here follow the signatures of the Delegates of the Governments of Germany, the United States of America, the Argentine Republic, Austria, Hu,?gary, Belgium, Bolivia, Brazil,
Bulgaria, Chili, the United States of Colombia, Denmark and
the Danish Colonies, the D)ominican Republic, Egypt, Ecuador,
Spain and the Spanish Colonies, IFrance, the French Colonies,
Great Britain and certain British Colonies, Canada, British.
India, Greece, Guatemala, the Republic of Hayti, the Kingdom
of Hawaii, the Republic of Honduras, Italy, Japan, the Republic of Liberia, Luxembourg, Mexico, Montenegro, Nicaragua, Paraguay, the Netherlands and Netherland Colonies,
Persia, Portugal, the Portuguese Colonies, Roumania, Russia,
the Kingdom of Siam, Sweden, Norway, Switzerland, Ur'uguay and Venezuela.]
RULES
FOR THE REGULATION OF A MONEY ORDER SYSTEM BETWEEN
HAWAII AND HONG-IONG.
1. The Offices of Exchange for Money Order advices and
accounts shall be Hong-Kong and Honolulu, only.
2. Hong-Kong may issue Orders payable at any Money
Order Office in Hawaii, and Honolulu may issue Orders
payable at any Money Order Office in China or at Macao.
3. All Orders are to be drawn in Dollars, each Office
making its own arrangements as to rates of exchange and
form of order and advice.
4. No single order shall exceed $50. The granting of
more than two $50 Orders to the same person in favor of the
same payee, by the same mail, is considered undesirable by
the Hong-Kong Office, which does not, however, refuse to
honor such Orders.
5. Each Office shall fix its own rate of commission and
advise the other Office what its rates are.
6. Each Office shall credit the other with 1 per cent. on
the total amount of Orders issued by such Office.
7. As soon as any Order is issued, relative advice shall
be forwarded by.the first opportunity.

160

8. All Orders shall be paid without deduction. Payment
of any order made before the arrival of the Advice is at the
risk of the country making it.
9. At the end of every six months, whichever office shall
lhave a claim against the other, shall prepare an account
embracing the entire series of Orders issued by both Offices
(luring such six months, and shewing the balance due.
Such balance must be remitted by the Office owing it by
Bill of Exchange. These periodical settlements are not,
however, to supercede frequent remittances on account,
where all or nearly all the Orders are in one direction.
10. Money Orders which shall not have been paid within
12 months from the date of the issue thereof, shall be
considered void, and the amount thereof shall be placed to
the credit of the country of origin in the half-yearly accounts.
11. All these rules are open to revision by common consent from time to time.
12. The Money Order System shall come into force from
April 1st, 1885.
Signed in duplicate at Honolulu this 13th day of Decemhber, A. D. 1884.
H. M. WHITNEY,
Postmaster General.
And at Hong-Kong this fifth day of February, 1885.
ALFRED LISTER,
Postmaster General.
I approve of the above Rules.
CHARLES T. GULICK,
Minister of the Interior.
Honolulu, December 13th, 1884.
I approve of the above Rules.
By order.
W. H. MARSH,
Colonial Secretary.
Hong-Kong, February 6th, 1885.

161

CONVENTION
PETWEEN THE POST OFFICE DEPARTMENT OF THE UNITED
STATES OF AMERICA AND THE POST OFFICE DEPART-@
MENT OF THE KINGDOM OF IIAWAII, CONCERNING THE EXCHANGE OF
MONEY ORDERS.
THE Government of the Republic of the United States of
America and thle Government of His Majesty the King of
Hawaii, being desirous of facilitating the exchange of
sums of money between the two countries by making use
of postal money orders, the undersigned, W. Q. Gresham,
Post Master General of the United States of America, in
virtue of the powers vested in him by law, and H. A. P.
Carter, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Hawaii, in the name ofA;:
his Government, and by virtue of the powers which he
has formally presented to this effect, have agreed upon
tihe following Convention:
ARTICLE I. There shall be a regular exchange of money
orders between the two countries.
The maximum of each order is fixed at fifty dollars ($50. 00.)
iNc money order shall include a fractional part of a cent.
The amount of each order, whether issued in the United
States or in the Kingdom of Hawaii, must be expressed in
letters as well as in figures.
ARTICLE II. The Hawaiian Post Office Department shall
have power to fix the rates of commission on all money'
orders issued in the Kingdom of Hawaii, and the Post Office
Department of the United States shall have the same power'
in regard to all money orders issued in the United States.
Each Department shall communicate to the other its tariff
of charges, or rates of commission, which shall be established under thip Convention, and these rates shall, in all
cases, be payable in advance by the remitters, and shall not
be repayable.
It is understood, moreover, that each Department is;
authorized to suspend, temporarily, the exchange of money
orders in case the course of exchange, or any other circumstance should give rise to abuses, or, cause detriment to the
postal revenue.
ARTICLE 1II. Each country shall keep the commission
21

162

charged on all money orders within its jurisdiction, but
shall pay to the other country three-fourths of one per cent.
on the amount of such orders.
ARTICLE IV. The service of the postal money order system between the two countries shall be performed exclusively by the agency of offices of exchange. On the part of
the United States the office of exchange shall be San Francisco, California, and on the part of the Hawaiian Kingdom,
Honolulu.
Orders shall be drawn only on the authorized money
order offices of the respective countries; and each Postal
Administration shall furnish to the other a list of such offices, and shall, from time to time, notify any addition to, or
change in such list. Every order and advice must contain
the name of the office and of the country of destination, and
if relating to an order payable in the United States, the
name of the State in which such office is situated; if relating
to an order payable in the Hawaiian Kingdom, the name of
the Island.:
ARTICLE V. No money order shall be issued unless the
applicant furnish the name and address of the person to
whom the amount is to be paid, and his own name and
address; or, the name of the firm, or company who are the
remitters or payees, together with the addresses of each.
The money orders, issued in either country, shall be forwarded by the remitters to the payees, at their own expense.
ARTICLE VI. The advices of all money orders issued
upon the Hawaiian Kingdom by the post offices in the
United States shall be sent to the office of exchange at San
Francisco, where they shall be examined, and, if found
correct, impressed with the dated stamp of that office, and
transmitted, by the next direct mail, to the exchange office
at Honolulu accompanied by a list, in duplicate, drawn upon
the model of Form "A."
The advices, on their arrival in HonoIulu, shall be compared with the entries in the list, and, afterwards dispatched
to the paying offices.
In like manner the advices of money orders, drawn on the
United States by Postmasters in the Hawaiian Kingdom,
shall be sent to the exchange office at Honolulu, where they
shall be examined, and, if found correct, impressed with the
dated stamp of that office, and transmitted by the next direct
mail, to the exchange office at San Francisco, accompanied
by a list, in duplicate, drawn upon the model of Form " B."

163

The advices, on their receipt at San Francisco, shall be
compared with the entries in the list, and afterwards dispatched to the paying offices.
The advices of orders issued in the United, States in the
month of March, which may arrive at the office of exchange
at San Francisco in the earlier days of the following month,
shall be entered on lists supplementary to that of the last
day of the month of March, and in like mnanner, the advices
of orders issued in the Hawaiian Kingdom in the month of
June, which may arrive at the exchange office at Honolulu in
the earlier days of the following month, shall be entered on
lists supplementary to that of the last day of the month
of June.
ARTICLE VII. The lists, dispatched from each office of
exchange, shall be numbered consecutively, commencing
with No. 1 at the beginning of the month of July in each
year; and the entries in these lists shall also have consecutive numbers.
Of each list dispatched a duplicate shall be sent, which
duplicate, after being verified by the receiving office of
exchange, shall be returned to the dispatching office of
exchange.
Each office of exchange shall promptly communicate to
the other the correction of any simple error, which it may
discover in the verification of the lists.
When the lists shall show irregularities, which the receiving exchange office shall not be able to rectify, that office
shall apply for an explanation which shall be afforded without delay.
Should any lists fail to be received in due course, the dispatching exchange office, on receiving information to that
effect, shall transmit, without delay, a duplicate of the list,
duly certified as such.
ARTICLE VIII. Duplicate orders shall only be issued by
the Postal Administration of the country, on which the
original orders were drawn, and in conformity with the
regulations established, or, to be established in that country.
ARTICLE IX. The orders issued by each country on the
other shall be subject. as regards payment, to the regulations which govern the payment of inland orders of the
country, on which they were drawn.
The paid orders shall remain in the possession of the
country of payment.

164

ARTICLE X. Repaymernt of orders to remitters shall not
be made until an authorization for such repayment shall,
first have been obtained by the country of issue from the,country where such orders are payable; and the amounts of
the repaid orders shall be duly eredited to the former coun,
try in the quarterly account. (Article XII.)
It is the province of each Postal Administration to determine the manner in which repayment to the remitter is to be
made.
ARTICLE XI. Orders which shall not have been paid
within 12 calendar months from the month of issue, shall
become void, and the sums received shall accrue to and be at
the disposal of the country of origin.
The Hawaiian Post Office Department shall, therefore,
enter to the credit of the United States, in the quarterly
account, all money orders entered in the lists received from
the United States, which remain unpaid at the end of the
period specified. (Article XII.)
On the other hand the Post Office Department of the
United States shall, at the close of each month, transmit to
the Hawaiian Post Office Department, for entry in the quarterly account, a detailed statement of all orders included in
the lists dispatched from the latter office, which under this
Article become void.
ARTICLE XII. At the close of each quarter an account
shall be prepared at the Hawaiian Post Office Department,
showing in detail the totals of the lists, containing the particulars of orders issued in either country during the quarter,
and the balance resulting from such transactions.
Three copies of this account shall be transmitted to the
Post Office Department of the United States, at Washington,
and the balance, after proper verification, shall, if due by
the Post Office Department of Hawaii, be paid at San Fran'cisco, but, if due by the Post Office Department of the
TUnited States, it shall be paid at Honolulu.
If pending the settlement of an account, one of the two
Postal Administrations shall ascertain that it owes the other;a balance exceeding two thousand five hundred dollars ($2,500), the indebted Administration shall prompty remit the
approximate amount of such balance to the credit of the
other.
This account shall be in accordance with the forms " C,"
&lt;, D," c' E" and c F," annexed to this Convention.

165

ARTICLE XIII. In the exchange of money orders between
the two countries, one dollar in Hawaiian money shall be
taken as the equivalent of one dollar in United States money.
This standard in either country shall be gold value.
ARTICLE XIV. The United States Postal Administration
undertakes to serve as intermediary for the exchange of
postal orders from the Hawaiian Kingdom to be paid in any
European country with which that Administration maintains
an exchange of postal orders, and with which the Postal Administration of the Hawaiian Kingdom does not have such
exchange, as well as for the exchange of orders from any
such European country destined for payment in the Hawaiian Kingdom, provided the European country interested
consent to an arrangement of this nature.
ARTICLE XV. The Postal Administration in each country
shall be authorized to adopt any additional rules, (if not
repugnant to the foregoing,) for the greater security against
fraud, or, for the better working of the system generally.
*:) All such additional rules, however, must be promptly
communicated to the Post Office Department of the other
country.
ARTICLE XVI. This present Convention shall take effect
on the first day of January, 1884, and shall continue in force
until twelve months after either of the contracting parties
shall have notified to the other its intention to terminate it.
ARTICLE XVII. The ratifications of the present Convention shall be changed prior to the first day of December,
1883.
In witness whereof, the respective Plenipotentiaries have
signed the present Convention and have affixed thereto their
seals.
Executed in duplicate and signed at Washington, the
eleventh day of September, 1883.
[L. s.] WALTER Q. GRESHAM,
Postmaster General of the United States.
[L. s.] H. A. P. CARTER,
Envoy Extraordinary and Minister Plenipotentiary of Hawaii to the United States.

166

I hereby approve the foregoing Convention, and in testimony thereof, I have caused the seal of the United States to
be hereto affixed.
CHESTER A. ARTHUR.
By the President:
[L. s.] FRED'K T. FRELINGI-IUYSEN,
Secretary of State.
Washington, -September 13, 1883.
I hereby approve the foregoing Convention, and in testimony thereof, I have caused the seal of the Hawaiian Kingdom to be hereto affixed.
KALAKAUA REX.
By the King:
[L. S.] WALTER M. GIBSON,
Minister of Foreign Affairs and
Premier.
Honolulu, October 13th, 1883.
We, H. A. P. Carter, Envoy Extraordinary and MinistefR
Plenipotentiary of Hawaii to the United States, and W. Q.
Gresham, Postmaster General of the United States, certify
that on this date we have proceeded to perform the exchange
of ratifications of the Convention between the Post Office
Department of the Kingdom of Hawaii and the Post Office
Department of the United States of America, concerning the
exchange of money orders, which was concluded at Washington, on the eleventh day of September, in the year of our
Lord one thousand eight hundred and eighty-three.
Done in duplicate, and signed at Washington this second
day of November, 1883.
[L. s.] H. A. P. CARTER,
Envoy Extraordinary and Minister Plenipotentiary to the United States.
[L. s.] WALTER Q. GRESHAM,
Postmaster General of the United States.

167
A.
List No............
Stamp of
San Francisco
Office.
SIR: âI have the honor to transmit to you, herewith, in duplicate, a List containing a detailed statement of the sulms received in the United States since mv
last despatch (List No. -) for orders payable in the Hawaiian Kingdom,
amounting in the aggregate to $ â.
Be pleased to examine, complete, and return to me the original copy of this
List, with your acknowledgment of its receipt indorsed thereon.
I am, Sir, your obedient servant,
IPostrmaster, San Francisco.
TO TEIE, POSTMASTER,
Money-Order Exchange Office, Ifonolulu.
A.
Blanks to be filled by the despatching Exchange Office of San For use of Post Office DeFrancisco. partment, Honolulu.

o~ o, a
S v 3 Payee. Remitter. aV
-S a Remnarks.
v c O O O as
a d r= 3 O Name. Address. Name. a e
_d 6g F Name. Address. Nam... _ _...... _.......... _........................

A.
MONEY-ORDER OFFICE,
H onolulu,...................... 18..
SIR:-I have examined this List of Money-Orders from No..... to No.....
inclusive, for sums received in the United States for payment in the Hawaiian
Kingdom, amounting in the aggregate to $............
The said List was found to be correct, with the following exceptions:................................................................................
I am, Sir, your obedient servant,
TO THE POSTMASTER,
Money-Order Exchange Office, San Francisco, Cal.

168

List No............
A List of money-orders issued in the Kingdom of HaOffice wail and payable in the United States. Despatched Stamp of
Stamp, this... day of......... 188.. San Francisco
Date of arrival at San Francisco.....................
Blanks to be filled up by the despatching Exchange Office, Ho- Space for use of San
nolulu. Francisco Office.
A dress Address of
of re_,, a, mitter. payee
L)o Z;a O a V~
_'; a o ~ o (- o. o-._ / _. 1. _ $ c.
- ~ _... Pc.,n _ _ __. * ____ _.
U U~~~~~~~~~~~~~~~c

C.
Account of the exchange of Money-Orders between the. Kingdom of Hawaii and
the United States, during the quarter ended................. 188..
Orders issued by the Hawaiiain Office. Orders issued by the United States Office.
No. of ate of List. Total amount of No. of Date of List. Total amount of
List. each List. List. each List.
$ c......_ _.__..............................
_~I.-..... _...

169,

D.
Table showing the particulars of such orders as have been repaid to the remitters,
in the country of issue.
Issued in Hawaiian Kingdom. Issued in United States.
No. of Date f ' No. of Amount of No.. of Date of No. of Amounti of
internation- oAorn er.ofList Ls internati- order. List. List. al order. order.
al order. al order.
$ C. $ c.
To credit of -Iawaiian To credit of U. S. Office,
Office.,

E.
Table showing the particulars of such Orders as have become void.

Issued in Hawaiian Kingdom.

Issued in United States.

No. of
List.
To c

Date of No. of
internation-,lst-. Ial order.

Dna,,f.,,NO. of f

170

F.
BALANCE.

To credit of Hawaiian Office.

Amount of international
orders issued in the United States.
Three-fourths of one per.
cent. on amount of such
issue.
Amount of void orders of
Hawaiian issue as per
table.
Amount of international
orders repaid in Hawaii
as per table.
Sums remitted by the office of Hawaii.
Dates. Amount.
$ c.
Balance remaining due to
the United States.

c.........................,...................

To credit of United States Office.
i $ c.
Amount of international..........
orders issued in Hawaii.
Three-fourths of one per............
cent. on amount of such
issue.
Amount of void orders of..............
United States issue as
per table.
'Amount of international.............
orders repaid in the United States as per table.
Sums remitted by the of-.....................
fice of the United States.
Dates. Amount.
II ' I c.

Balance remaining due to
the Hawaiian Kingdom.

The above account exhibits a balance of $......... remaining due to the................. Office.
Honolulu,................. -.................. i88...
[Signature of proper accounting Officer of the Hawaiian Office.]
The above statement of account is accepted, with a balance of $......due to the.........office.
Washington.................................... 88...
Auditor of the Treasury for the Post Office Department.

171

PROCLAMATION.
TREATY BETWEEN THE KINGDOM OF SAMOA AND Ti1 HEKINGDOM OF THE HAWAIIAN ISLANDS.
L. S.
By virtue of My inherent and recognized rights as King
of the Samoan Islands by My own people and by Treaty
with the three Great Powers of America, England and Germany, and by and with the advice of My Government and
the consent of Taimua and Faipule, representing the Legislative powers of My Kingdom, I do hereby freely and voluntarily offer and agree and bind Myself to enter into a Political Confederation with His Majesty Kalakaua, King of the
Hawaiian Islands, and I hereby give this solemn pledge
that I will conform to whatever measures may hereafter be
adopted by His Majesty Kalakaua and be mutually agreed
upon to promote and carry into effect this Political Confederation, and to maintain it now and forever.
In witness whereof, I have hereunto set My hand and seal
this 17th day of February, A. D. 1887.
(M. P.) MALIETOA,
King of Samoa.
By the King:
(Signed) WM. COE.
We, Taimua and Faipule of the Government of Samoa,
appointed by the House of Taimua and Faipule, hereby
approve of and support the above agreement.
(Signed)
Taimnza âUtumapu, of the District of Itu o tane;
Pau, of the District of Faasaleleaga;
Tuisam, of the District of Lufi Lufi;
Tuao, of the District of Lulumoega;
Leiataua, of the District of Manono;
Teo, of the District of Tuamasaga;
Su, of the District of Faleao Palauli;
Molioo, of the District of Atua.

172

FK(ip)ule ---Tafi, of the District of Loa Atua;
Vaafai, of the District of Launuia;
Uuga, of the District of Itu tane;
Alipia, of the District of Leulumoega;
Taotua, of the District of Faasaleleaga;
Faanaua, of the District of Itu teme;
Sao, of the District of Itu teme;
Vailun, of the District of Aana.
(Signed)
WILLIAM COE, LE MAMEA,
Assistant Secretary of State. Minister of Interior.
etc., etc.
I hereby certify that the foregoing is a full and true translation of the original document in the Samoan language.
WILLIAM COE,
H. S. M.'s Interpreter.
KALAKAUA, by the Grace of God of the Hawaiian Islands,
King: To all to whom these Presents shall come, Greeting:
Whereas on the seventeenth day of February last past His
Majesty Malietoa, King of the Samoan Islands, entered into
an Agreement and Treaty binding himself to enter into a
Political Confederation with Us, and whereas the said
Agreement and Treaty was at the same time approved by
the Taimnua and Faipule of Samoa and accepted in Our name
by Our Minister Plenipotentiary, Honorable John E. Bush,
now, therefore, having read and considered the said Agreement and Treaty, We do by these Presents approve, accept,
confirm and ratify it for Ourselves, Our Heirs and Successors, subject to the obligations which His Majesty Malietoa
may be under to those Foreign Powers with which He and
the People of Samoa and the Government thereof have at
this time any treaty relations, engaging and promising upon
Our Royal Word to enter into Political Confederation with
His Majesty King Malietoa, and to conform to such measures as may be hereafter agreed upon between Us for the
carrying into effect of such Confederation. For the greater
testimony and validity of all which We have caused the
Great Seal of Our Kingdom to be affixed to these Presents,
which We have signed with Our Royal hand.

173
Given at Our Palace of Iolani this Twentieth
[L. s.] Day of March, in the Year of Our Lord One Thousand Eight Hundred and Eighty-seven, and in the
Fourteenth Year of Our Reign.
(M. 1i.) KALAKAUA.
By the King:
(Signed) WATAcLTEI M. GIBs8N,
Minister of Foreign Affairs and Premier.
Now be it known that the above Treaty having been duly
accepted and ratified by His Majesty the King:
Therefore the said Treaty has become a part of the laws
of this Kingdom and is to be observed accordingly.
WALTER MI. G-IBsoN,
Minister of Foreign Affairs.
Foreign Office, Honolulu, March 21, 1887.
3)

175
RATIFICATION OF FINAL PROTOCOL OF LISBON.
WE, KALAKAUA, by the Grace of God, of the Hawaiian
Islands King; having caused to be examined all the points
and articles of the aforegoing Final Protocol to the Additional Act of Lisbon, to the Convention of June 1st, 1878,
of the Universal Postal Union, signed by the Plenipotentiaries of Hawaii, and of the other countries specified above,
on the twenty-first day of March, A. D. 1885, and the same
being found to be satisfactory, do hereby confirm and ratify
the said Final Protocol.
In faith of which, We have signed this ratification with
Our hand, and have caused to be affixed thereto the Great
Seal of Our Kingdom.
Done at Our Palace of Iolani, in the City of Hon[LS.] olulu, this ninth day of November, in the year of
Our Lord one thousand eight hundred and eightysix, and the thirteenth year of Our Reign.
KALAKAUA REX.
By the King:
WALTER M. GIBSON,
Minister of Foreign Affairs.

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