The Hawaiian gazette., 1870-09-14

sels employed In commerce with tbeir irelght an'
loading may be subject, it is agreed that privileg
shall be granted to national vessels which shall no
be equally granted to vessels of the other country
the intention of the high contracting Parties being
that in this respect also the respective vessels shall
&c be treated the footing of perfect equality.
4 Article IL. Vessels of the subjects of the con
tracing Parties. compelled to seek shelter in tn
ports of the other. shall pay neither the vessels
the cargo, duties than those levied
tonal vessels in the situation, provided that the
necessity of such shelter seeking be legally shown
that the vessel shall carry commercial specua-
tions and that it will tarry longer than required
+ by the motives which inpeed it . enter the port
Article H. Spanish ships of and whaling ships
shall have free all the open Hawaiian ports
they may there anchor be repaired. and victual their
crews; they may proceed from barbor another
of the Hawaiian Islands for fresh provisions At all
= the ports which may be hereafter opened to
foreign vessels, Spanish ships Of war and whalers
shall be subject to the rules which may
be imposed, and shall enjoy in all respects the
T rights privileges and immunities which may
be granted to Hawaiian ships and whaers, to those
of the most favored nation.
Article Is. Articles Of all sorts imported into the
ports of either Of the contracting States unde: the
flag Of the other, whatever be their origin and from
whatever country imported shall pay neither other
heavier duties Of entry, and shall be subjected
to any other charges than those imposed vessels
under the flag Of the most favored nation.
Article Il. Spanish ships the Hawaiian Islands,
and Hawaiian ships in Spain, may discharge portion
Of their cargo in the port Of their first arrival and
proceed with the rest Of their cargo other ports Of
the country which may be open foreign trade,
whether to complete their unloading, to provide
their cargo and shall pay in neither port other
heavier duties than those levied national vessel.
in similar circumstances.
As regards the coasting trade, the vessels of each
country shall be mutually treated the same footing
as the most favored nation.
Article Is. During the period allowed by the laws
Of the two countries for the warebousing of goods
other duties than those for custody and storage
shall be levied upon articles imported from une Of the
two countries into the other until they shall be re-
moved for transit expectation internal consumr-
ton. In shall such articles ay higher duti,s
be liable to other formalities than if they had
been imported under the national flag. or from the
most favored country
Article &c. Merchandise shipped on board Spanish
or Hawaiian ships, belonging their respective
]
countries a vessel bound for a national or foreign
port according the Custom regulations of the
countries and the goods SO transported for other
ports shall be exempt from all duties of Custom or
warehouse.
Article II. Articles of all sorts proceeding from
Spain shipped fer SPAIN shall enjoy in their pas.
sage through the territory of the Hawaiian Islands
whether in direct transit for expectation all tie
"A
by the most favored nation.
Reciprocity, the articles of every sort proceeding
from the Hawaiian Island. sent for that country
shall enjoy, in their passage through Spain. the same
advantages possessed by the most favored
nation
Article is. Neither nor the other of the con-
tracing Parties will impose upon the goods proc ed
ing from the soil the manufactures or the ware houses
Of the other, different greater duties importation
re-exportation than those which shall be imposed
on the same merchandise coming from any other
foreign country. Nor shall there be imposed on the
goods exported from country to the other differ
ent or higher duties than if they were exported to
any other foreign country. No restriction or pruhibi
ton of importation expectation shall take place
in the reciprocal of the contracting Parties
which shall not be equally extended to all other
nations.
Article 10. Consuls General, Consuls, Vice Con-
suls and Consular Agents may be established by each
country III the other for the protection Of commerce
such Agents shall not upon their functions or
enjoyment Of the rights, privileges or immunities
which belong to them, until they have obtaiaed the
authorization Of the territorial Government which
shall. besides, preserve the right of determiD ing the
place of residence where Consus may be establishes
it being understood that neither Government will
impose any restriction which is not common in the
country to all nations.
Article 20. The Consuls General, Consuls, Vice
Consuls, and Consular Agents of Spain in the Ha-
waiian Islands, shall enjoy all the privileges immuni
ties and exemptions enjoyed by the Agents of the
most favor nation in the same circumstances. And
the same shall be the position in Spain Of Hawaiian
Consuls General, Consus and Consular Agents.
Article 81. The desertion of seamen embarked
in the vessels Of either Of the contracting Parties
shall be severely dealt with in their respective terri
tories In consequence. the Spanish Consus shall
have the power to to be arrested and sent on
board, or to Spain, who may have deserted
Spanish vessels the Hawaiian ports. But for this
purpose, they must apply to the competent local
and justify, by the exhibition Of the
original the duly certified copy of the ships regis
ter the roll other official documents to prove that
the persons named formed part of the ships crew.
On this application supported, the delivery of the
seamen shall not he refused.
All aid and assistance shall be given for the discov-
cry and of such deserters who shall be detained
in the prisons of the country, the requirement and
at the expense of the Consuls, until they shall find
an opportunity of sending them away.
If. however. opportunity shall offer in the course
Of two months. counting from the day Of arrest the
ieserters may be set at liberty.
1t is understood that seamen who are native Ha-
Faiians shall be excepted from this arrangement,
Ind be treated according to the laws of their own
country.
If the deserter has committed any crime in the Ha-
Saiian territory, his release shall take place till
he competent tribunal shall, have given Judgment,
md this judgment been carried into execution.
Hawaiian Consuls shall possess exactly the same ,
lights in Spain and it is formally agreed between the
contracting Parties, that every other favor or ia
ity granted or be granted by either any other
for the of deserers, shall be also granted
the present contracting Parties. fully if they
lad formed part of the present treaty. :
Article %. All operations connected with the sal