The Hawaiian gazette., 1870-09-07

authorities, and justify by the exhibition of the
original or the duly certified copy of the ships regis
ter the roll or 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 be refused.
All aid and assistance shall be given for the discov
ery and arrest of such deserters who shall be detan
ed in the prisons of the country, the requirement
and at the expense of this 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
deserters may be set at liberty.
1t is understood. that seamen who are native HA-
waiians shall be excepted from this arrangement,
and be treated according to the laws of their own
country.
Ii the deserter has committed any crime in the Ha-
waiian territory his release shall not take place till
the conn etent tribunal shall have given Judgment,
and this Judgment been carried into execution.
Hawaiian Consuls shall possess exactly the same
rights in Spain and it is formally agreed between the
two contracting parties that every other favor or IA
city granted to be granted by either to any other
power for the of deserters shall be also granted
the present contracting parties. as fully as if
they had formed part Of the present treaty.
Article %. All operations connected with the sal
wage Of stranded or wrecked Spanish vessels in the
Hawaiian coasts shall be superintendent by the Con-
sular Agents of Spain and recprocally the Consular
Hawaiian Agents shall superintend the operations
connected with the salvage of Hawaiian vessels
stranded or wrecked on the Spanish coast.
But if the parties interested find themselves the
4
minstration of the wreck shall be committed to them.
The Intervention of the local authorities shall only
be applied the maintenance Of order, to guarantee
the rights of the savors if they do not belong to the
snipwrecked crew and the execution of the
to be taken for the entry and departure of
the saved Goods.
In the absence and until the arrival of the Consul
lar Agents the local authorities will take the ul
steps for the protection of persons and property
wrecked.
The goods saved shall be subjectedto Gus
toms or other duty unless they disposed of for
home consumption.
Article %. The ships, merchandise and effects be-
longing to the respective citizens which may have
been taken by pirates conveyed to or sound in the
ports of either of the contracting parties shall be de-
livered to their payment of the expenses.
should there be such; the amount to be determined
by the competent tribunals, when the rights of the
proprietor shall be proved before these tribunals and
the claim being made within the space of eighteen
months by the interested parties by their attorneys
or by the Agents of their respective Governments
Article "a. If, from a concurrence of unfortunate
circumstances, differences between the contracting
parties should cause an interruption of the relations
Il.
hausted the means of an amicabe and concatory
discussion the object of their mutual desire should
not have been completely attained the arbitration of
third Power, equally the friend of both, shall by
common accord be appealed to in order to avoid, by
this means, defnitiye rupture.
Article 25. Hawaiian subjects shall enjoy in the
Ultramarine possessions of Spain, the advantages
which conceded to the subjects of the most favor
ed nation, and in the possessions, the stpula-
tons of this treaty shall Fave effect when not openly
opposed to the special legislation there existing.
Article 20. All vessels bearing the flag of Spain.
shall. in time If war, receive every possible pro-
lection, short of active hostility! within the ports
and waters of the Hawaiian Islands, and Her Majesty
the Queen of Spain engages to respect, in time of
war, the neutrality of the Hawaiian Islands, and
her good Offices with all the other powers having
treaties with the same to induce them to adopt tie
same policy toward the said Islands.
Article %. The present Treaty shall be in vigor
for ten years to commence six months after the
change of the ratfcatons.
If year before the expiration of this term neither
of the contracting parties shall have announced by
official declaration its intention of terminating it,
the Treaty shall still remain force for year. and
continue from year to year.
Article rs. The present Treaty shall be ratified,
and the ratification exchanged London within the
space Of eighteen months, earlier if may be.
In faith whereof the respective Plenpotentares
have signed the same and thereto liked their seals
Done in duplicate, at London, this Twenty ninth
day Of October in the year of Our Lord One TbOus-
and Eight Hundred and si1ty-three.
II. 81 Firmado.
(signed,) john BowRrSe.
(Signed, JUAN t. CoMrY.
AND, WHEREAS, The said Treaty has been now
duly ratified by His Majesty the King, and His High
the Regent of Spain, and ratfcations exchanged
the said Treaty has become part Of the law of this
Kingdom and all the provisions thereof are to be OBJ
served. CHAs. c. Harms,
Foreign Office Sept . 1870. Minister for Form Affairs