The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-11

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 par
ty, such real estate would by the laws of the land,
descend on citizen or subject Of the other, were
he not disqualified by alienage, such citizen sub
ject shall be allowed a reasonable time to sell the
same, and to withdraw the proceeds without mo
lestation, and exempt from all duties Of dctraction
OH the part Of the government Of the respective
States. The citizens subjects Of the contracting
parties shall not be obliged To pay, under any pre-
fence whatever, any taxes impositions other or
greater than those which are paid, or may bereaf-
ter be paid by the subjects citizens of the most
favored nations in the respective States OF the high
contracting parties. They shall be exempt from
all military service. whether by land by sea; from
forced loans; and from every extraordinary contri
button not general and by law established. Their
dwellings, warehouses;, and all premises appertain-
ing thereto, destined for the purposes of commerce
residence, shall be respected No arbitrary
search Of visit to- their houses and arbitrary
examination or inspection whatever Of the books,
papers, accounts Of their trade, shall be made;
but such measures shall be executed only in con-
formity with the legal sentence of competent tri-
bunal; and each OF the two contracting parties en-
cages that the citizens subjects Of the other
siding in their respective States shall enjoy their
property and personal security in AS full and am
pie manner their own citizens or subjects, or the
subjects citizens of the most favored nation. but
subject always to the laws and statutes of the two
countries respectively.
ARTICLE
The citizens and subjects Of each Of the two con-
tracing 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
persons whom they may appoint as their broker.
factor, agent; 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
fly nrica IF ha ii ifpn nrte
into, or to be exported from, the States and do
minions of the two contracting parties, save and
except generally such cases wherein the laws and
usages of the country may require the interven-
ton Of any special agents in the States and do
minions OF the contracting parties. But nothing
contained in this or any other article of the pre-
sent treaty shall be construed to authorize the sale
OF sprituous liquors to the natives Of the Sandwich
Islands, farther than such sale may be allowed
by the Hawaiian laws.
Each Of the two contracting parties may have, in
the ports of the other, consuls, vice consus, and
commercial agents Of their own appointment,
who shall enjoy the same privileges and powers
with those of the favored nations; but if any
such copsuls shall exercise commerce, they shall
be subject to the same laws and usages to which the
private individuals OF their nation 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 deser
tiers 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 substan-
tated, the surrender shall not be refused. Such
dcserters, when arrested, shall be placed the dis
posal of the said consuls, vice consuls CONNER
cial agents, and may be confined in the public pris
ons, 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, sent back TO their own country
by vessel of the same nation, any other vessel
whatsoever. The agents, owners, masters OF
vessels account of whom the deserters have
been apprehended, upon requisition of the local
authorities, shall be required 10 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 II
not sent back nor reclaimed within six months
from the day of their arrest If all the expenses
Of such imprisonment not betrayed by the party
causing such arrest and imprisonment, they shall
be set at liberty, and shall not be again arrested tor
the same cause. However, if the deserters should
be found 10 have committed any crime 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.
ARTICLE XII.
It's agreed that perfect and entire liberty Of con-
science shall be enjoyed by the citizens and sub
jects of both the contracting parties, in the
tries Of the 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 10 interfere with the
exclusive right Of the Hawaiian government reg
ulate for itself the schools which may establish
support within its jurisdiction.
ARTICLE XII.
If any ships of war, or other vessels, be wrecked
the coasts of the States territories Of either
Of the contracting parties, such ships vessels
any parts thereof, and all furniture and appur-
tenances belonging thereunto, and all goods and
merchandise which shall be saved therefrom, or
the produce thereof If sold, shall be faithfully
stored with the leaat possible delay 10 the propre-
tors upon being claimed by them, or by their duly
authorized factors; and ifthere such propre-
tors factors on the spot then the ead goods and
merchandise, the proceeds thereof as well as all
the papers found on board such wrecked ships
vessels, shall be delivered TO the American or Ha-
waiian consul, 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
penses of quarantine which would have been pay
able in the like Of a wreck Of national vessel;
and the goods and merchandise saved from the
wreck shall not be subject TO duties unless entered
for consumption, IL being understood that in case
ofany legal claim upon such wreck. goods, or mer-
chandise, tho same shall be referred for dccision 10
the competent tribunals Of tho country.
ARTICLE xIII.
The vessels Of either Of the two contracting par
ties which may be forced by stress of weather, or
other cause into Of the ports Of the other shall
be exempt from all duties Of port navigation paid
for the benefit of the State, II the motives which led
to their sceking refuge be real and evident and If
csrgobe discharged or taken On board, save such
may relate 10 the subsistence Of the crew, be
necessary for the repair OF the ye,ses, and II they
do not stay in port beyond the time necessary,
keeping in view the cause which led TO their seek
ing refuge.
ARTICLE xiv.
The contracting parties mutually agree TO sur
render, upon official recognition, 10 the authorities
Of each, all pcrsoss who, beng charged with the
crimes of murder. piracy, srson, robbery, forgery
or the utterance OF forged paper, committed with
in the jurisdiction of either, shall be found within
the territories of the other, provided that this shall
only DC done upon such evidence Of criminslity
according the laws OF the place where the person
charged shall be found, would justify his appre
hension and commitment for trial II the crime had
there been committed; and the respective Judges
and other msgisra tes Of the two governments shall
have authority, upon complaint made under oath,
to issue warrant for the apprehension Of the pcreon
80 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 IT, such hearing the evidence be
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