« PreviousContinue »
any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid, by the subjects or citizens of the most, favored nations in the respective States of the high contracting parties. They shall be exempt from all military service, whether hy land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined lor 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 subjects of 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.
The citizens and subjects of each of the two contracting parties shall he free in the States of the other to manage their own affairs themselves, or to commit those affairs to the management remTM,/*.?"n'LZ of any persons whom they may appoint as their broker, fac- 1 "*M,Wtor, 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 to pay any salary or remuneration to any person whom they shall not choose to employ.
Absolute freedom shall be given in all cases to the buyer and seller to bargain together, and to fix the price of any goods or merchandise imported into, or to be exported from, the States and domains of the two contracting parties, save and except generally such cases wherein the laws and usages of the country may require the intervention of anyspecial 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 mayjje allowed by the Hawaiian laws.
Each of the two contracting parties may have, in the ports of the other, Consuls, Vice-Consuls, and commercial agents, of
7 7 7 ci 7 ConKiil.i ifcc
their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; 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 to the competent tribunals, judges, and officers, and shall, in writing, demand the said deserters, proving, by the exhibition of the 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 hack 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 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 causing such arrest and imprisonment, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offence, 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.
It is agreed that perfect and entire liberty of conscience shall be enLib.nj of en- joyed by the citizens and subjects of both the contracting «iTMc*. 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.
If any ships of war or other vessels be wrecked on the coasts of the w. t> 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 such 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.
The vessels of either of the two contracting parties which may be Te-eIldri . u forced by stress of weather or other cause into one of the r„'37" ports of the other, shall be exempt from all duties of port
or navigation paid for the benefit of the State, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the subsistence of the crew, or be necessary for the repair of the vessels, and if they do riot stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge.
The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being Kll„iitlo„ o! 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 fouud, 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.
So soon as steam or other mail packets, under the flag of either of the contracting parties, shall have commenced running between
. 2' i. J> Al * Mail arrangements.
their respective ports ot 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 despatched to ports of the United States; the postmasters at which ports shall open the same, and forward the enclosed matter as directed, crediting theHawaiiau 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, wheuce the postmasters shall despatch it by the regular mail packets to Honolulu, the Hawaiian Government agreeing on their part to receive and collect for and credit the Post-Office Department of the United States with the United States' rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall in all cases be prepaid. The respective post-office departments of the contracting parties shall, in their accounts, which are to be adjusted annually, be credited with all dead letters returned.
The present treaty shall be in force from the date of the exchange ot coKtimuoorthii the ratifications, for the term of ten years, and farther, until tr""y- 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 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.
The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of 1 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 exchauged 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 ha ve thereto affixed their seals.
Done at Washington, in the English language, the twentieth day of December, in the year oue thousand eight hundred and forty-nine.
TREATY OF AMITY, COMMERCE, AND NAVIGATION, AND FOE THE EXTRADITION OF FUGITIVE CRIMINALS, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF HAYTI. CONCLUDED AND SIGNED AT PORT AU PRINCE NOVEMBER 3, 1864; RATIFICATIONS EXCHANGED AT "WASHINGTON MAY 22, 1865; PROCLAIMED JULY 6, 1865.
The United States of America and the Bepublic of Hayti, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, and to 0"'r*ct,n* place their commercial relations upon the most liberal basis, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of amity, commerce, and navigation, and for the extradition of fugitive criminals. For this purpose they have appointed as their Plenipotentiaries, to wit:
The President of the United States, Benjamin F. Whiddeu, Commissioner and Consul General of the United States to the ,tooiw,rthrj(i Bepublic of Hayti; and the President of Hayti, Boyer Baze- ••««rt«»«"r"* lais, Chef d'Escadrou, his Aide-de-Camp and Secretary;
Who, after a reciprocal communication of their respective full powers, found iu due and proper form, have agreed to the following articles:
There shall be a perfect, firm, and inviolable peace and sincere friendship.between the United States of America and the Bepub- p >ndtmil lie of Hayti, in all the extent of their possessions and ter- *"""' ritories, and between their people and citizens, respectively, without distinction of persons or jdaces.
ARTICLE II. •
The United States of America and the Bepublic of Hayti, desiring to live in peace and harmony with all the other nations of the Pritii^„of „,„,, earth, by means of a policy frank and equally friendly with "ali""all, agree that any favor, exemption, privilege, or immunity whatever, iu matters of commerce or navigation, which either of them has granted, or may hereafter grant, to the citizens or subjects of any other Government, nation, or State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party; gratuitously, if the concession in favor of that other Government, nation, or State shall have been gratuitous; or in return for an equivalent compensation, if the concession shall have been conditional.