The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-12
TIL E R EP U BLIC.
q X T. &c IA L.
by the President OF the United States or
America.

Whereas Treaty of Friendship, Commerce, ant
Navigation between the United States of Americt
and His Majesty the King Of the Hawaiian Islands
was concluded and signed at Washington on tn,
twentieth day of December, in the year Of our LORD
one thousand eight hundred and forty nine, the
original OF which treaty is word for word as fol
lows:
The United States Of America and His Majesty
the klngof the Hawaiian Islands equally animated
with the desire of maintaining the relations of good
understanding which have hitherto SO happily sub
Sisted between their respective States and consoli-
dating the commercial intercourse between them,
have agreed to enter into negotiations for the
cfuson 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 M. Clayton, Secretary Of State of the United
States; and His Majesty the King of the Hawaiian
Islands, James Jackson Jarves, accredited his
special commissioner to the Government of the
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 lie perpetual peace and amity be-
tween the United States and the King of the Ha
Wailan Islands, his heirs and SUCCESSORS.
ARTICLE II.
There shall be reciprocal liberty of commerce and
navigation between the United States of America
and the Hawaiian lsande,
No duty OF custo!ns, other impost shall be
charged upon any goods, the produce manufac-
lure Oh one country, upon importation from such
country Into the other, other higher than the
duty or lmpost charged upon goods of the same
kind, the produce or manufacture OF, 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
Jects citizens OF any other State shall not enjoy
any favor, privilege, or immunity whatever in
matters of commerce and nayi CATION, which shall
not also at the same time be extended to the sub-
Jects or citizens OF the other contracting party,
gratultously, If the concession in favor Of that other
State shall have been gratuious, and in return for
a compensation, nearly possible of proper
tionate value and effect to be adjusted by mutual
agreement, II the concession shall have been con-
dItional.
ARTICLE
All articles, the produce manufacture of either
country, which can legally be imported into either
country from the other, ships of that other conn
Try ana thence coming, shall, when imported,
DE 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' all 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 duties, and be en-
titled TO the same privileges drawbacks bountics
and allowances, whether exported in ships of the
one country, in ships of the other; and ali poods
and articles, of whatever description not being of
the produce or manufacture OF the United States
Thich can De legally imported into the Sandwich
Islands, shall, when SO imported in vessels of the
united States, pay no other higher duties i'm
posts, or charges, than shall be PAYABLE unon The
hke goods and articles when imported in the vessels
OF the mos: favored foreign nation other than the
nation oi which the said goods and articles are the
produce or manufacture
ARTICLE ".
No duties of tonnage, harbor, light houses pilot
age Quarantine, or other similar duties, of what
ever nature, 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.
1t Is hereby declared, that the stpulations of the
present treaty are not to be understood as apply.
ing to the navigation and carrying trade between
one port and another situated in the States of either
contracting party, such navigation and trade being
reserved exclusively to national vessels.
ARTICLE W.
Steam vessels of the United States which NAV be
employed by the government of the said States in
the carrying OF their public mails across the Pa
oihe oCcan, or Aou one port in that ocean to ano-
Their shall have free to the ports of the sand
witch Islands, with the privilege OF stopping therein
TO rent, to 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 shsl, be subject, in such ports to no
duties oil tonnage harbor, light houses, ntine
or other similar duties Of whatever nature or under
whatever denomination.
ARTICLE VII.
The whale ships Of the United States shall have
access 10 the ports of Ho, Kealakekua and
Hanalei, in the Sandwich Islands, for the pur-
poses of rcfilment and refreshment as well as IN
the porte oil Honolulu and Lahaina which only are
ports OF entry for all merchant vessels and in all the
aoovenamed ports they shall be permitted to trade or
barter their suppes or goods, excepting spirituous
liquors, 70 the amount Of two hundred dollars ad
raioyfm Tor each vessel without paying any charge
Tor tonnage or harbor dues of any description, or
any d!gHes or lmposts whatever, upon the goods
or articles go traded or battered They shall also
be permitted, with the like exemption from all
tonnage and harbor dues further to trade
or barter, with the same exception as TO spirtuous
liquors, 70 the additional amount Of one thousand
dollars dd rdLorem for each vessel, paving upon the
additional goods and articles so traded and bar
tered, no other higher duties than are payable on
IKE goods and articles when imported in the ves.
scls and by the citizens subjects Of the most IA.
vored foreign nation. They shall also be permitted
TO pass from port TO port Of the Sandwich islands
Tor the purpose OF procuring refreshments; but they
snail not discharge their seamen land their pas
sengers IN the said islands, except at Lahaina nd
Honolulu; and, in all the ports named in this arti-
cie, the whale ships Of the United States shall enjoy
IN all respects whatsoever all the rghts privileges
and immunitics which are enjoyed by or shall be
granted to, the whse-shps Of the most favored
foreign nation. The like privilege of frequentinp
the 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
an this article shall be ued as anv
weasel OF the United States, having on board any
disease usually regarded requiring quarantine
% enter during the continuance Of such disease on
board, any port OF the Sandwich Isands other than
Lahajna or Honolulu.
ARTICLE
The contracting parties engage, in regard to
the personal privileges, that the citizens of the
United States Of America shall enjoy. in the do
Ininions Of His Majesty the King OF the Hawaiian
Islands aud the subjects Of his said Majesty in the
United States Of America that they shall have free
and undoubtod right to travel and to reside in the
States Of the two high contracting parties subject
10 Tie naine precautions Of police which are prac-
uced 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, glit exchange, Will, in any other way
whatever, without the smallest hindrance or OBJ
staclc; and their heirs or representatives, being
subjects or citizens Of the other contracting party
shall succeed 10 their personal goods, whether by
testament ab infssfato; and may take possession
thereof, either by themselves or by others acting
for them aud dispose Of the same at will, paying
20 the profit of the respective governments such
dues only the inhabitants Of the country wherein
the said goods are, shall be subject TO pay in like
cases. And, in Of the absence Of che heir and
representative, such care shall be taken of the
said goois az would be taken of the goods Of