The Hawaiian gazette., 1870-09-07
KAUAI
Treaty with spain.


KSOw MES. that. whereas His Majesty the
King and Her Majesty the Queen of Spain did on the
9Th day Of October in the year Of Oar Lord Eighteen
Hundred aud sixty-three, at London, by their re-
sPeetire Plenipoientiaries. negotiate Treaty of
peace and friendship, which said Treaty is word for
word as follows:
Her Majesty the Queen of SPAIN on the one part,
and His Majesty the King Of the Hawaiian Islands
The other part desiring to facilitate the establishment
Of commercial relations between Spain and the Haw-
aiian Islands and to favor their development by
Treaty Of amiiy. and navigation suited for
securing 70 the two countries equal and reciprocal ad
vantages, have nominated this purpose for their
Plenipotentiaries. that is say Her Majesty the
Queen Of Spain, Don Juan Tomas Comyn, knight
Grand Cross Of the Royal Order Of Isabella the Cath
oe. knight Commander Of the Royal and distinguish
ed Order Of Charles the Third. Grand Cross Of the
Order Of Phillip the Magnanimous Of Hesse Of
that q Christ OF Portugal, &c, Grand officer Of
the Legion Of Honor Of France. Commander of the
Orders Of Our Lady Of Villayiciosa Of Portugal and
Of the Red Eagle Of Prussia, &c, Chamberlain Of
Her Catholic Majesty late Royal Councillor in extra
ordinary and Her actual Envoy Extraordinary and
Minister Plenipotenary at the Court of Her Britannia
Majesty and His Majesty the King of the Hawaiian
Islands, Sir John Bowring, knight Bachelor of
GFea; Britain. Who having mutually communicated
their powers aud found them in good and true form
have agreed on the following Articles:
Arsols l. There shall be perpetual peace and con-
slant friendship between the Kingdom of Spain and
that the Hawaiian Islands and between the citizens
Of the two countries without exception of person or
place.
Arfiele .. There shall be between Spain and the
Hawaiian Islands, reciprocal freedom in commerce
and navigation. Spaniards in the Hawaiian Islands
and Hawaiian subjects in spainsnay enter in the
liberty and security with their vessels and car
gees enjoyed by the natives of the respective
countries in all places ports and rivers which are or
taA in future be open to foreign commerce. provided
always that the police regulations employed for the
protection Of the citizens Of the most favored nations
be respected.
Articis 5. Tho citizens of each Of the contracting
Parties may. like the natives in the respective terri
torres. travel reside, trade wholesale or retail let
or occupy the houses. stores and shops which they
may require; they may carry on the transport of
merchandise and money, and receive consiguments
they may also, when they have resided more than
year in the country. and their goods, ehattsls or
uovAbles which they they there possess shall offer
ssoent security, be admitted sureties in Custom
House transactions. The citizens of both countries
shall footing of perfect equality, be free both
70 purchase and to sell, establish and to fix the
price Of goods merchandise and articles Of every kind
whether imported or Of home manufacture, whether
for home consumption for expectation. They
shall also enjoy liberty 10 carry on their business
thenselres to Presspt the Custom House their own
siar'n- hair MA ID b,
own Attorneys. Factors, Consgnees Agents or In
tsprssrs. whether in the purchase or sale of their
goods, their property merchandise whether for the
loading unloading or Of the expedition Of their
vessels. They shall also have the right to fulfill all
the functions that cOnfded to them by their
eOuntrynsn. by strangers by natives in the posi-
tion Of Attorneys, Factors Agents Cousgnees In
terprsssrt. For the performance of all these acts
they shall conform all the laws and regulations of
the country and they shall be subject in any case
% any other charges restrictions taxes or impos-
lions than those which the natives are subject,
provided always that the police regulations employed
for the protection Of the citizens of the favored
nations be respected 1t is also specially provided
that all the advantages Of any kind whatever actually
granted BY the laws and DEGREES now in force, or
which shall future be accorded to foreign settlers
shall be guaranteed 70 spaniards established who
shall establish themselves in whatever positions they
may deem ct IN the Hawaiian territory and the same
shall hold good for Hawaiian subjects in Spain.
Atioie = The respective citizens of the two coun-
tiles shall enjoy the most constant and complete pro-
lection for their persons and property. Consequent
y they shall have free aud easy access the Courts
cf Jusce IN the pursuit and defense of their rights in
every instance and degree of Jurisdiction established
By the laws. They shall be at liberty under any cir
eaastAnes TO employ lawyers, advocates or agents
froz any class whom they may fit authorize to
ast n their In fne they shall in all respects
e-,ey The sane rights and privileges, which grant
Cd 70 natives and they shall be subject to the same
eonditions-
Arfieis 5. spaniaTds in the Haxaiisn Islands and
HawAians in Spain. shall be exempt from all service
whether the army navy, in the national guard
Militia. and they can not be subject to any ether
sasrgss restrictions. taxes impositions on their
property. farniturs mOveabes than those to which
ths nAtiFrs themselves subject.