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

United States the seven y NTH.
WILLARD FILLMORE.
BY the President:
w. S. DERRICK, Acting Secretary of State
The United States of America and His Majesty
the King of the Hawaiian Islands equally animated
with the desire of maintaining the relations good
understanding which have hitherto 30 happily sub
sisted between their respective States, and CONSOLE
dating the commercial intercourse between them,
have agreed to enter into negotiations for the con-
clusion of 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 nj. Clayton, Secretary of State OF the United
States; and His Majesty the King Of the Hawaiian
Islands, James Jackson Jarves, accredited as his
United States, who, after having exchanged their
full powers, found in good and due form, have con-
cluded and signed the following articles:
ARTICLE l.
There shall be perpetual peace and amity be-
tween the United States and the King of the Ha-
waiian Islands, his heirs and successors.
ARTICLE H.
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 inpost, shall be
charged upon any goods, the produce or manufac-
ture OF one country, upon importation from such
country into the other other or higher than the
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 Ha-
waiian Islands do hereby engage, that the sub
ects or citizens of any other Stale 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 sub
ects citizens of the other contracting party,
gratuitousy if the concession in favor of that other
State shall have been gratuitous, and in return for
a compensation, as nearly as possible OF proper.
tionae value and effect, TO be adjusted by mutual
agreement, if tho concession shall have been con-
ditional.
ARTICLE III.
All articles, the produce manufacture of either
country, which can legally be imported into either
country from the other, in ships OF that other coun-
try, and thence coming, shall, when 80 import ted,
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 man
ner, ali goods which can legally be exported or re-
exported from either country to the other in ships
Of that other country, SHALL when exported or re-
exported, be subject TO the same duties, and be en-
titled to the same privileges, drawbacks, bounties,
and allowances, whether exported in ships OF the
country, in ships of the other; and all goods
and articles of whatever description, not being of
the produce or manufacture OF the United States,
which can be legally imported into the Sandwich
Islands, shall, when 30 imported in vessels OF the
United States, pay no other or higher duties, i'm
posts 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 the
produce manufacture.
ARTICLE Nv.
No duties Of tonnage, harbor, light houses, pilot
age, quarantine, other similar duties, of what
ever nature, or under whatever denomination, shall
be imposed in either country, upon the vessels of
the other, in respect of voyages between the United
States Of America and the Haw allan 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.
II is hereby declared, that the supulatons Of the
present treaty are not TO be understood as apply
ing TO the navigation and carrying trade between
port and another situated in the States OF either
contracting party, such navigation and trade being
reserved exclusively to national vessels.
ARTICLE
Steam vessels of the United States, which may be
employed by the government OF the said States IN
the carrying of their public mails acroes the Pa
cihc ocean, or from one port in that ocean to hno-
Their shall have free access TO the ports OF the Sand
wich Islands, with the privilege OF stopping therein
to reft, 20 refresh, TO land passengers and their
baggage; and for the transaction OF any business
pertaining 10 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.
access to the ports Of Hilo, Kealakekua, and
Hanalei, in the Sandwich Islands, for the pur-
poses Of refitment and refreshment as well as TO
the ports of Honolulu and Lahaina which only are
ports OF entry for all vessels and in all the
abovenamed ports they shall be permitted 10 trade or
barter their supplies or goods, excepting spintuous
LIQUORS, 10 the amount Of two hundred dollars ad
paiorsl for each vessel, without paying any charge
for tonnage or barbor dues Of any description, or
any duties or imposts whatever, upon the goods
or articles traded or bartered. They shall alao
be permitted, with the like exemption from all
charges for tonnage and harbor dues further totrado
barter, with the same exception as to spirtuous
liquors, 20 the additional amount Of one thousand
dollars ad raloren for each vessel paying upon the
additional goods, and articles so traded and bar
tered, other or higher duties than are payable on
like goods and articles when imported in the yes.
sells and by tho citizens subjects of the most ia
vored foreign nation. They shall also be permitted
10 pass from port TO port OF the sandwich islands,
for the purpose of procuring refreshments; but they
shall not discharge their scamcn land their pas
sengers in the said islands, except at Lahaina and
Honolulu; and, in all the porte named in this arti
Gle the wbacships Of the United STATES shall enjoy,
in all respects Whatsoever all the rights, privileges,
and immunites which areenjoyed by, or shall be
granted to, the whale shipo of the most favored
foreign nation. The like privilege of frequcnting
tho three ports Of the Sandwich Islands, above.
named in this article not being ports OF entry for
merchant vessels, is also guaranteed to all the pub
lie armed vessels Of the United States But nothing
in tbs article shall be construed authorizing any
vessel OF the United statcsy having on board any
disease usually regarded as requiring quarantine,
10 enter during the continuance Of such disease on
board any port OF the Sandwich Islands, other than
Lahains Or Honolulu
| ARTICLE YIN.
! The contracting parties engage, in regard TO
| the personal privileges, that the citizens Of the
| United States of America shall enjoy, in the do
minions Of His Majesty the King Of the Hawaiian
Islands, and the subjects of his said Majestyin 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 ptec-
ticed towards the subjects 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, gilt, orchsnge, will, or in any other way
| whatever, without the smallest hindrance or OBJ
staoie; and their heirs representatives, being
subjects or citizens OF the other contracting party
shall succeed to their personal goods, whether by
testament or no 'nfssfafo and may take possessior