The Hawaiian gazette., 1870-09-14
Treaty with spain.

their respective Plenpotentiaries, negotiate Treat
Of peace and friendship. which SAL Treaty is word 70
word follows
Her Majesty, the Queen Of Spain, the one part
and His Majesty. the King of the Hawaiian Islands
the other part, desiring facilitate the establish
nent Of commercial relations between Spain and tn
Hawaiian Islands and favor their development b,
Treaty Of anity. commerce, and navigation, suiteC
fos securing the equal and reciprocal
advantages. have nominated to this purpose for tbe
PleniPotsntiares, that is to say Her Majesty, tb,
Queen Of Spain. Don Juan Tomas COmyn. knight
Grand Cross Of the Royal Order of Isabella the Cath
ole. knight Commander of the Royal and distin.
guisbed Order Of Charles the Third Grand Cross Of
the o-der Of Phillip the Magnanimeus Of Hesse. Of
that Of Christ Of Portugal, &C., Grand Officer of the
Legion Of Honor Of France, Commander of the
Orders of Our Lady Of vnlaviciosn of Portugal and
Of the Red Eagle Of Prussia, a., Chamberlain Of
Her Catholic Majesty, late Royal Counselor in Extra
ordinary and Her actual Envoy Extraordinary and
Minister Penpoteniary the Court Of Her Britannia
Majesty; and His Majesty. the King of the Hawaiian
Islands, Sir John Bowrng. knight Bachelor of Great
Britain. Who having mutually communicated their
powers and found them in good and true form, have
agreed the following Articles:
Article l. There shall be perpetual peace and con
slant friendship between the Kingdom of Spain and
that Of the Hawaiian Islands, and between the citizens
Of the two counties, without exception Of person
place.
Article ?. There shall be, between Spain and the
Hawaiian Islands, reciprocal freedom in commerce
and navigation. spaniards in the Hawaiian Islands,
and Hawaiian subjects in Spain, may enter in the
liberty and security with their vessels and car
goes enjoyed by the natives of the respective
countries in all places ports and rivers which are or
shall in future be open foreign commerce. provided
Always, that the police regulations employed for the
protection Of the citizens of the favored nations
be respected
Article s. The citizens of each Of the contracting
Parties may, like the natives in the respective terri
tories. travel reside, trade wholesale or retail let
or occupy the houses, stores and shops which they
may require they may carry on tie transport Of
merchandise and money, and receive eonsignments
they may also, when they have resided more than a
year in the country, and their goods, chattels or
m0vables which they there possess shall offer suf
fcient security be admitted as sureties in Custom
House transactions. The citizens Of both countries
shall, on footing of perfect equality. be free both
10 purchase and to SELL to establish and to fix the
price Of goods, merchandise and articles Of every
kind, whether imported or Of home manufacture
whether for home consumption or for exI ortation.
They shall also enjoy liberty carry their business
themselves, present the Custom House their own
declarations have their place supplied by their
own Attorneys, Factors, Consignees, Agents or In
terpreters, whether il the purchase 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 eonded to them by their own
oouutrymen, by strangers by natives in the posi-
tion Of Attorneys, Factors, Agents Consgnees, or
Interpreters. For the Performance Of all these acts
they shall conform to all the laws and regulations of
the country and they shall be subject in any case
to any other charges restrictions, taxes or impos-
tons than those TO which the natives are subject I
provided always, that the police regulations employed
for the protection Of the citizens Of the most 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 in future be accorded foreign settlers
shall be guaranteed to spaniards established who
shall establish themselves in whatever positions they
may deem st in the Hawaiian territory. and the same
shall hold good for Hawaiian subjects in Spain
Article 4. The respective citizens of the two coun-
tries shall enjoy the and complete pro-
lection for their persons and property Consequently
they shall have free and easy to the Courts of
Justice 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
Circumstances to employ lawyers, advocates agents
from any class whom they may see fit to authorize to
act in their name. In fine, they shall in all repeets
enjoy the rights and privileges which are granted
to natives, and they shall be subject to the same con
ditions
Article 5. spsniards in the Hawaiian Islands and
HswAiisns in Spain, shall be exempt from all service,
whether in the army navy, in the national guard
or militia, and they not be subject to any other
charges, restrictions, taxes impostions on their
property, furniture movables, than those which
the natives themselves are subject.
Article 8. The citizens of both countries respect
lively shall not be subject any embargo nor to be
detained with their vessels, luggage, cargoes or com
nercial effects, for any military expedition whatever,
nor for any public private service whatever unless
the Government local authorities shall have previ-
Ously agreed with the parties interested that just
indemnity shall be granted for such service and for
such compensation might fairly be required for the
wrong. which not being purely fortuitous may have
grown cut Of the service which they have voluntarily
undertaken.
Article z. Citizens Of either of the contracting
Parties shall the respective territories have the
rights Of possessing property of any sort and of dis
posing Of it the conditions native subjects
Spaniards shall enjoy, in all the Hawaiian terrific
res. the right of collecting and transmitting success
sions ab infestafo, testamentary, as Hawsiians,
according to the laws of the country without being
subjected strangers any burhen or mpOst which
Is not paid by the natives.
Recprocally, Hawaiian subjects shall enjoy in
Spain the right Of collecting and transmitting sue
oessOns ab intestoto, testamentary on the same
condons SPaniards, according the laws of the
country, and without being subject as strangers to
ass charge or inpOst not paid by the natives. t
The same reciprocity between the citizens of the
two countries shall exist for donations inter vivos
On the expectation of properly collected or acquired
under any bead BY spaniards in the Hawaiian Islands
By HawaiAns in Spain there shall be no duty on
rsnc~sl emigration, any duty whatever to
which natives not subjected. c
Article s. All Spanish or Hawaiian vessels sailing
under their respective oolors. and which shall be
bearers Of the ships papers and documents required
by the laws Of their respective countries shall be
considered IS national vessels.