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SANDWICH ISLANDS.

TBEATY OP FBIENDSHIP, COMMERCE,

AND NAVIGATION, BETWEEN HEB MAJESTY THE QUEEN OF GEEAT BBI TAIN AND THE KING OF THE SAND-

WICH I81ANDS.

HEB MAJESTY the Queen of the United Kingdom of Great Britain and Ireland, and his Majesty the King of the Ha- waiian Islands, being desirous to main- tain and improve the relations of good understanding which happily subsist be- tween them, and to promote the com- mercial intercourse between their res-

pective subjects, have deemed it expe- dient 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 the United Kingdom 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 Ha- waiian Islands, Robert Crichton Wyllie, Esquire, his Minister of Foreign Rela- tions, Member of his Privy Council of

State and of his House of Nobles.

Who, after having communicated to aach other their full powers, found to be in good and due form, have agreed upon and concluded the following articles : -

ARTICLE 1. There shall be perpetual friendship between her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and suc- cessors, and the King of the Hawiian Islands, his heirs and successors, and between their respective subjects.

ARTICLE 2. There shall be between all the dominions of her Britannic Ma-

jesty, and the Hawiian Islands, a reci- procal freedom of commerce. The sub- jects 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 per- mitted. They may remain and reside in

any part of the said territories respec- ' tively, 'and hire and occupy houses and warehouses ; and may trade, by whole- sale or retail, in all kinds of produce, manufactures, and merchandise of lawful commerce ; enjoying the same exemp- tions and privileges as native subjects, and subject always to the same laws and established customs, as native sub- jects.

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

The stipulations of this article do not apply to the coasting trade, which each contracting party reserves to itself, re- spectively, and shall regulate according

to its own laws.

ARTICLE 3. The two contracting parties hereby agree that any favour, privilege, or immunity whatever, in mat- ters 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 citi- zens of the other contracting party, gra- tuitously if the concession in favour of that other State shall have been gra- tuitous, 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 4. 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 manufac- ture 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 terri- tories 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 im- portation of the like articles, being the growth, produce, or manufacture of any other country. Nor shall any prohibi- tion be imposed upon the exportation of any article from the territories of either of the two contracting parties to the ter- ritories of all other nations.

ARTICLE 5. No other, or higher duties or charges on account of tonnage, light ; or harbour dues, pilotage, qua- rantine, 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 Haw-

aiian vessels, than shall be payable in the same ports on British vessels, subject to a like exception of the coasting trade as

in article 2.

ARTICLE 6. 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 im- portable into the dominions of her Britan- nic Majesty, whether such importation shall be in British or in Hawaiian vessels.

The same duties shall be paid, and the same bounties and drawbacks allowed,

on the exportation of any article which '

is or may be legally exportable from the ¡

Hawaiian Islands, whether such exporta- i

tion shall be in Hawaiian or in British vessels ; and the same duties shall be paid, and the same bounties and draw-

backs allowed, on the exportation of any ' article which is or may be legally export- able from her Britannic Majesty's domi- nions, whether such importation shaU be in British or in Hawaiian vessels.

ARTICLE 7. Brinsn whale ships shall have access to the ports of Hilo, Keala kekua, 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 per- mitted to trade or to barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred dol- lars ad valorem for each vessel, with- out paying any charge for tonnage, or for harbour dues of any descrip- tion, 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 harbour 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 upon the additional goods and articles so traded and bartered, no other or higher duties than are payable on like goods and articles when imported in national vessels and by native subjects. They shall also be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments, but they shall not discharge their seamen or land their passengers in the said Islands except at Honolulu, and Lahaina ; and in all the ports named in this article, British whale ships shall enjoy, in all respects whatso- ever, all the rights, privileges, and immunities which are and maybe enjoyed by national whale ships, or by whale ships of the most favoured 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 authorising any British vessel having on board any disease usually regarded as requiring quarantine, to enter, during the continu- ance of any such disease on board, any ports of the Sandwich Islands other than

Honolulu or Lahaina.

1 ABTICLE 8. All merchants, comman 1 ders of ships, and others, the subjects of her Britannic Majesty, shall have full liberty, in the Hawaiian Islands, to man I age their own affairs themselves, or to I commit them to the management of

whomsoever they please, as broker, fac I tor, agent, or interpreter ; nor shall they I bo obliged to employ any other persons

than those employed by Hawaiian sub- jects, nor to pay to auch 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 Hawai- ian Islands shall be at liberty to buy from and to sell to whom they like, with- out being restrained or prejudiced by any monopoly, contract, or exclusive privi- lege 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, im- ported into, or exported from the Hawaiian Islands, as they shall see good ; observing the laws and established cus- toms of those islands. The same privi- leges shall be enjoyed in the dominions of her Britannic Majesty, by Hawaiian subjects, under the same conditions.

The subjects of either of the contract- ing 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 de- fence of their just rights ; and they shall be at liberty to employ, in all causes, the advocates, attorneys, or agents of what- ever description, whom they may think proper ; and they shall enjoy in this respect the same rights and privileges as native subjects.

ARTICLE 9. In whatever relates to the

police of the ports, the lading and un- lading of ships, the warehousing and safety of merchandise, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of per- sonal property of every sort and denomi- nation by sale, donation, exchange, or testament, or in any other manner what- soever, as also with regard to the admin- istration of justice, the subjects of each contracting party shall enjoy, in the ter- ritories 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 of higher imposts or duties, than those which are or may be paid by native subjects : sub- ject always to the local laws and regula-

tions of such territories.

In the event of any subject of either of the two contracting parties dying with- out will or testament, in the territories of the other contracting party, the Cón- sul-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 admi- nistrator be named according to the laws of the country in which the death shall have taken place.

ARTICLE 10. The subjects of her Britannic Majesty residing in the Ha wiian Islands, and Hawiian subjects re- siding in the dominions of her Britannic Majesty, shall be exempted from all com- pulsory military service whatsoever, whe- ther by sea or land, and from all forced loans, or military exactions or requisi- tions ; and they shall not be compelled, under any pretext whatsoever, to pay any ordinary charges, requisitions, or taxes, or other or higher than those that are, or may be paid by native subjects.

ARTICLE 11. It is agreed and co-

venanted that neither of the two con-

tracting parties shall knowingly receive into, or retain in, its service, any subjects of the other party, who have deserted from the naval service or military service ofthat other party; but that on the con- trary, 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 contract- ing party, while such vessel is within any port in the territory of the

other party, the authorities of such i port and territory, shall be ' bound to give every assistance in their

power for the apprehension of such tie- j serters, on application to that effect being made by the Consul of the party con- cerned, or by the Deputy or Repre- sentative of the Consul ; and no public body shall protect or harbour such de-

serters.

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

ARTICLE 12. 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 Govern- ment to which he is sent ; and either of the contracting parties may except from the residence of Consuls such particular place as either of them may judge fit to be excepted. The Diplomatic Agents and Consuls of the Hawaiian Islands, in the dominions of Her Bri-

tannic Majesty, shall enjoy what- ever privileges, exemptions, and immunities, are or shall be granted there to agents of the same rank belonging to the most favoured nation ; and in like manner the diplomatic agents and con- suls of her Britannic Majesty in the Hawaiian Islands shall enjoy whatever privileges, exemptions and immunities are or may be granted to the diplomatic agents and consuls of the same rank be- longing to the most favoured nation.

ARTICLE 13. 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 interrup- tion of friendly intercourse should unfor- tunately take place between the two con- tracting 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 the two con- tracting parties, shall be allowed a year to wind up their accounts, and dispose of their property ; and a safe conduct shall be given them to embark at the port which they shall themselves select. All subjects of either of the two contracting parties who may be established in the territories of the other, in the exercise of any trade or special employment, shall in such case have the privilege of remaining and continuing such trade and employment therein without - any manner of interruption in full enjoyment of their liberty and property as long as they behave peaceably, and commit no offence against the laws ; and their goods and effects, of whatever de- scription 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 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 indi- viduals, public funds, and the shares of companies, shall never be confiscated, sequestrated, or detained.

ARTICLE 14. The subjects of her Bri- tannic Majesty, residing in the Hawaiian Islands shall not be disturbed, perse- cuted, or annoyed on account of their religion, but they shall have perfect liberty of conscience therein, and shall be allowed to celebrate Divine Service, either within their own private houses, or in their own particular churches or chapels, which they shall be at liberty to build and maintain in convenient places, approved of by the Government of the said Islands. Liberty shall also be granted to them to bury in burial places which, in the same manner, they may freely establish and maintain, such subjects of 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 unre- strained liberty of conscience, and shall be allowed to exercise their religion pub- licly or privately, within their own dwelling-houses, or in the chapels, and places of worship appointed for that pur- pose agreeably to the system of toleration established in the dominions of her said Majesty.

ARTICLE 15. In case there should at any time be established British mail packets, touching at a port of the Sand- wich 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 con- veyance of letters by British packets from the Sandwich Islands to any other place to which those packets may pro-

ceed.

Such British mail-packets shall have free access to the ports of the Sandwich Islands, and shall be allowed to remain therein to refit, to refresh, to land pas- sengers and their baggage, and to transact any business connected with the public mail service of Great Britain. They shall not be subject in such ports to any duties of tonnage, harbour, light-houses, quarantine, or other similar duties, of

whatever nature or under whatever de- nomination.

ARTICLE 16. If any ship of War or Merchant vessel, of either of tho con- tracting parties, should be wrecked on the coasts of the other, such ship or vessel, or any parts thereof, and all fur- niture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faith- fully restored to the proprietors upon being claimed by them or by their duly authorised 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 British or Hawaiian Consul in whose district the wreck may have taken place ; 1 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 17. In order that the two contracting parties may have the oppor-

tunity of hereafter treating and agreeing" upon such other arrangements as may tend still further to the improvement of their mutual intercourse, and to the ad- vancement of the interests of their respec- tive 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 lerminate.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 y two contracting parties.

ARTICLE l8. 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 hun- dred and fifty-one.

ROBERT CRICHTON WYLLIE.

(L.S.)

WILLIAM MILLüR.

_ __. . . (LB.)

(pf I he-British Plenipotentiary signed first, in the original, for his Government.

_R. C. W.

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