The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-06-10
THE PACIFIC
Commercial AOOertiser
SATURDAY Y. JUNE 10
Treaty between Austrc-EEau&ary
and Hawaii.

one part. aad lis Majesty the King # the kiA=dym
Of the Hawaiian Islands, ca the other part being
equally animated by the desire Of regulating aEi sx-
tending the commercial relations and of promoting
the facilities Of navigation between their respective
States AMI Possessions, have resolved 10 conclude a
Treaty for that purpose, and have named for their
Plenipotentiaries that Is 10 say
His Imperial and Royal Apostolic Majesty the
Count Frederick Ferdinand de Beust, His Imperial
and Royal Msjesty's Chamberlain. Privy Councillor,
Ambassador Extraordinary al the Court OF St.James.
/ Grand Cross Of the Order Of ST stephen, and Of that
Of Leopold, etc., aud His Majesty the King Of the
Kingdom of the Hawaiian Islands -Manley Hopkins,
Esq, His Hawaiian Majesty Charged Afaires aid
Consul General IL London, a Knight CammanieT II
the Order Of KamehaIneha /. aud Of Isabella Ia Ca
tolica, who after having communicated t. each other
their respective full powers found to be In due and
proper form, have agreed upon and concluded the IL
lowing Articles.
I ARTICLE There shall be perpetual peace and
u friendship between the Austro-Hungarlan Empire and
1 the Kingdom Of the Hawaiian Islands. and between
fe citizens of the two countries, without exception Of
person and place
Hungarian Empire and the Kingdom Of the Hawaiian
Islands, reciprocal freedom Of commerce and naviga-
ton, and the citizens of the AustTo-Hungarian En-
pire in the Hawaiian Islands. ard Hawaiians within
the Empire of Austria-Hungary may enter with their
vessels and cargoes into all places, ports aud rivers,
which are, or shall hereafter be open to foreign com
merce with the same liberty and security rs are or
may be enjoyed by the natives of each country re-
spectiveIy, always provided that the police regula-
tions established for the preservation of peace and
good order shall be duly respected.
Article 3.-The citizens of the two high contract
DR IATlles may llho II WV AZ IA respective
territories, travel, reside, trade wholesale or retail.
| and transact any lawful business and rent or occupy
the houses, stores or shops which they may require
for he purpose Of residence or business, and in the
transaction of every business shall be on a perfect
equality with the natives Of the country. In the per
Torrance of all business, the citizens of each contract
ing power when resident in the territory of the other,
shall conform to ali the laws and regulations of the
country and they shall not be subject in any ease to
any other charges, restrictions, taxes or impositions
than those to which the natives are subject.
ARTICLE 4.-The citizens of each high contracting
party when resident in the territory Of the other shall
erj " the most constant and complete protection Tor
their persons and property, and for this purpose they
shall have free and easy access to the courts of jus
tice, provided bylaw, in pursuit and defence of their
rights. They shall be at liberty to employ lawyers,
advocates, or agents to prosecute or defend their
RIGHTS before such courts of justice. In fact they
shall enjoy in this respect all the rights and privile-
ges which are granted to natives and shall be subject
to the same conditions
ARTICLE 5.-The citizens of each high contracting
party when resident in the territory of the other shall
be exempt from all service. whether in the army or
navy or in the national guard or militia and shall! be
exempt from all forced loans and from every extra
ordinary contribution not general and by law estab-
lished.
is guaranteed TO citizens of each OF the high contract
ing parties within the territories of the Other-no one
shall be molested on account OF his religion or the OBJ
servances thereof.
ARTICLE THE citizens of each Of the high con
tracing parties.shall in the territory of the other have
the right of acquiring and possessing property of
every description and kind, whether the same be real
or personal property, and may dispose of the same as
NAV seem to them best, whether by sale, donation.
exchange, will, or in any other way, also the citizens
of either of the two States may become heirs to prop
erty, situated in the other, and may succeed without
hindrance to the properties that may devrlve upon
them, and dispose Of the zane according to their
pleasure and such heirs or legatees shall not be sub
iected to any charges or be bound to pay any expen-
ses of succession or otherwise higher than those which
shall be borne in like case by the natives themselves.
ARTICLE S.-An vessels sailing under the respec-
tive flags of either of the high contracting parties and
which shall be bearers of the ships papers and docu-
mpntS rauuireu by the laws OF their respective cOun-
tries, shall be taken and considered to be the vessels
Of the country whose flag they carry.
ARTICLE 9.-Vessels of either of the high contract
ing parties arriving in the ports of the other, or de-
parting from them, shall not be subjected to other or
higher duties of tonnage, lighthouses, anchorage.
port-charges. government wharfage, pilotage, quar-
antine or other charges, under any denomination
whatsoever than those to which national vessels may
be subjected it being however expressly understood
that no stipulation in this treaty made, shall be taken
as applying to the coasting trade, which each con-
tracting party reserves to itself, respectively, and will
regulate according to its own laws.
ARTICLE 10.-Articles of all sorts imported into or
exported from the ports of either of the contracting
parties under the flag of the other, shall pay no other
or higher duties or be subjected to any other charges
than If imported or exported under the national flag.
ARTICLE 1l.-Vessels of one of the contracting
parties, compelled to seek shelter in the ports of
the other. shall pay neither on the vessel nor
the cargo more duties than those levied on national
vessels in the same situation, provided that such
ships carry on no commerce. and delay no longer in
the aforesaid ports, than may be required for the
purposes which impel!ed them to seek shelter.
ARTICLE IluuSdIldH sLipS VI ia VI
whale ships shall have free access TO all the Hawaiian
ports, to anchor, be repaired and victual their crews,
and they may proceed from one harbor to another for
fresh provisions. In all the ports which are or may
be opened to foreign vessels, Austro- Hungarian ships
of war and .whalers shall be subject to the same rules
which are or may be imposed on, and shall enjoy all
the same rights and privileges which are or may be
granted to ships of the most favored nation.
ARTICLE 13.-The two high contracting parties
hereby agree that any favor, privilege or immunity
whatsoever in matters of commerce or navigation
which either contracting party has granted, OF may
hereafter grant to the subjects or citizens of any other
state, shall be extended to the subjects or citizens of
the other contracting party gratuitOusly, if the con-
cession in favor of the other state shall have been gra-
tuitous, or in return for n compensation as nearly as
possible of proportionate value and effect, to be ad-
justed by mutual agreement, if the concession shall
have been conditional.
may appoint Consuls, Vice .consuls and Consular
agents to reside in the territory of the other for the
purpOoe of the protection of commerce, bnt before any
Consul shall enter upon his functions, he shall first
obtain the authorization of the government tc which
he is sent either of the contracting parties may ex-
cept from the residence of Consuls such particular
places as either may think fit to be excepted, it being
understood that neither party will impose any re-
striction which is not common in the country to all
nations
ARTICLE I5.-The Diplomatic Agents. Consuls-
General, COnsuls, Vice cOnsuls and Consular Agents
of Austria Hungary in the Hawaiian islands, shall en-
JOY all the rights, privileges, immunities and exemp-
tions enjoyed by the Diplomatic Agents, Consuls
Vice consuls. and Consular Agents of the same rank,
belonging to the most favored nation, and the same
shall be the position in Austria-H Hungary of the Ha-
waiian Diplomatic Agents, Consuls- General, Consuls,
Vice consuls and Consular Agents,
ARTICLE I6.-The Consuls, Vice consuls and Con-
sular Agents of either the contracting parties residing
within the territory Of the other, may require the as
sistsnce of the local authorities for the search, arrest,
detention and Imprisonment of the deserters from the
ships of war or merchant vessels of their country.
For this purpose they shall apply to the competent
local authorities in writing. proving by the exhibition
of the crew list OF other official document, that the per-
sons named formed a part of the ships crew, and this
reclamation being there substantiated, the surrender
shall not he refusa1 All aid and assistance shall he
given for the discovery and arrest of such deserters
who shall be detained in the prisons of the country at
the request and cost of those who shall claim them
until they may be restored TO the vessel to which they
belonged, or sent back to their own country. If
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