Polynesian., 1850-08-31

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to which tho private individuals of their ma
ton 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 ofwar and merchant vessels of
their country. For this purpose, they shall ap-
ply to the competent tribunals, judges and Of
ficers, and shall in writing demand the said
dfserters, proving, by the exhibition ofregis-
ters ofthe vessels, the rolls ofthe crews, or by
other official documents, that such individu-
ais formed part Of the crews and this re-
clamation being thus substantiated, the sur
render shall not be refused. Such deserters,
when arrested shall be placed at the disposal
OF the said consuls, vice consuls or CONNER
cial agents, and may be confined in the pub
lie prisons at the request and cost of those
who shall claim them, in order to be detain-
ed until the time when they shall be restored
to the vessel TO which they belonged, or
sent back to their own country by a vessel Of
the same nation or any other vessel whatso-
ever The agents, owners or masters of
vessels on account Of whom the deserteis
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 betrayed by
the party causing such arrest and imprison-
ment. 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 he depending,
shall have pronounced its sentence, and such
sentence shall have been carried into effect.
ARTICLE H. 1t is agreed that perfect and
entire liberty of conscience shall be enjoyed
by the citizens and subjects of both the con-
tracing 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.
ARTICLE H. If any ships Of war or other
vessels be wrecked OH the coasts of the states
or territories of either of the contracting par
ties, such ships or vessels, or any parts
thereof, and all furniture and appurtenances
belonging thereunto, and all goods and mer-
chandise which shall be saved therelrom, or
the produce thereof if sold, shall be faith
fully 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 merchan-
disc, 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 con-
sui in whose district the wreck may have
taken place and such consul, vice consul,
proprietors or factors, shall pay only the ex-
penses 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 con-
sumption !; 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.
ARTICLE I3. The vessels of either of the
two contracting parties which may be forced
by stress of weather or other cause into one
of the 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 evil
dent, and ifno cargo be discharged or taken
on board, save such as may relate 10 the
subsistence of the crew, or be necessary for
the repair of the vessels, and if they do not
stay in port beyond the time necessary, keep
ing in view the cause which led 10 their seek
ing refuge.
ARTICLE Ii. The contracting parties mu-
tually agree to surrender, upon official requi-
sition, to The authorities of each, all persons
who, being charged with the crimes of mur-
der, piracy, arson, robbery, forgery or the
utterdnce of forged paper, committed within
the jurisdiction Of either, shall be found with
in the territories of the other; provided,
that this shall only be done upon such evil
dence of criminality as, according to the
laws Of the place where the person so
charged shall be found, would justify his ap-
prehension and commitment for trial if the
crime had there been committed and the
respective judges and ether 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 suffi-
cient to sustain the charge, il shall be the
duty of the examining Judge or magistrate to
certify the same to the proper executive au-
thoriiy, that a warrant may issue for the sur
render of such fugitive. The expense of
such apprehension and delivery shall be
borne and betrayed by the party who makes
the rcquisition and receives the fugitive
ARTICLE Is. So soon as steam or otner
mail packets under the flag Of either oil the