The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-12

examination or Inspection Whatever OF the DOCKS,
papers, or accounts of their trade, shall be madej
| but such measures shall be executed only in con
formity with the legal sentence Of competent tr-
bunal; and each of the two contracting parties
Cages that the citizens or subjects of the other re-
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 TX.
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
| 10 commit thoec affairs to the management of any
persons 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 TO pay any salary
| 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
| hx the price OF any goods or merchandise imported
| 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 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.
| ARTICLE X.
| Each 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 nations but if any
| such cousuls shall exercise commerce, they shall
be subject to the same laws and usages to which the
private individuals of their nation subject the
same place. The said consuls, vice consuls, and
commercial agents. 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
tiated, the surrender shall not be refused. Such
deeeTters. when arrested, shall be placed at the dis
posal OF the said consuls vice copsul5, or CONNER
clal 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, or sent back to their own country
by avessel OF the same nation, any other vessel
whatsoever The agents, owners, or masters OF
vessels on account of whom the deserters have
been apprehended, upon requisiton of the local
authorities, shall be required to take 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 reclaimed within six months
from the day Of their arrest, or 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 came cause. However, if the deserters should
be found to have committed any crime or offence,
their surrender may be delayed until the tribunal
have pronounced its sentence, and such sentence
shall have been carried into effect.
ARTICLE XII.
Its 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 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 toreg-
ulate for itself the schools which It may establish or
support within its jurisdiction.
ARTICLE XII.
Ifany ships of war, other vessels, be wrecked
on 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 thercunto, and all goods and
merchandise which shall be saved theretrom or
the produce thereof, if sold, shall be faithfully
stored with the least possible delay to the proprc
tors, upon being claimed by them, or by their duly
authorized factors; and ifthere such proprc
tors factors the spot, then the Gaid goods and
merchandise, or the proceeds thereof, well all
the papers found on board such wrecked ships or
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 propretors. factors, shall pay only
the expenses incurred in the preservation of the
property together with the rate of salvage and ex
penses of quarantine which would have been pay |
able III the like case of wreck of 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 |
ofany legal claim upon such wreck. goods, or rner-
chandise the shall be referred for decision to
the competent tribunals of the country.
Aprtcrv
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, il the motives which led
To their seeking refuge be real and evident and il
no cargo be discharged or taken on board such
may relate to the subsistence Of the crew, 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 seek
ing refuge.
ARTICLE XIV.
The contracting parties mutually agree to sur |
render, upon official recognition, to the authorities
Of each, all persons who, beng charged with the /
crimes OF murder. piracy arson, 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 be done upon such evidence of criminality as
according to the laws Of the place where the person
charged shall be found, would justify his appre-
hension and commitment for trial If the crime had |
and other magistrates of the two governments shall
have authority, upon complaint made under oath, |
to issue warrant Tor the apprehension Of the person
80 charged, that he may be brought before such |
judges other magistrates respectively 10 the end
that the evidence of criminaty may be beard and |
considered; and it, ouch hearing, the evidence be
deemed sufficient to sustain the charge, it shall be
the duty Of the examining judge magistrate to |
certify the same TO the proper executive authority
that warrant may issue for the surrender Of such
fugitive. The expense Of such apprehension and
delivery shall be borne and betrayed by the party
who makes the requisition and receives the fug- |
tive.
ARTICLE XIV.
SO soon steam or other mail packets, under |
the flag of either Of the contracting parties shall
be commenced running between their respective
ports OF entry, the contracting parties agree 10 |
receive at the post ofces Of those ports all mail
able matter, and TO forward il directed, the des-
unation being TO come regular post Office Of either
country; charging thereupon the regular postal
rates established by law in the territories of
eSher party receiving said mailabe matter, in adj
ton to the original postage of the office whence
the mail sent Mails for the United States
shall be made up at regular intervals the la
waan post Office, and despatched 20 ports Of the
United states; the postmasters at which ports shall
open the came, and forward the enclosed matter az
directed, crcditng the Hawaiian government with
their hostages as established by law, and stamped