The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1876-06-07
Treaty between AustrO-IIunSary
and Hawaii.

being
equally animated by the desire Of regulating and
tending the commercial relations and OF prom otinr
The facilities Of navigation between their respective
states ana Possessions have resolved TO conclude a
Treaty Tor thai purpose, and have named for then
lslcuipatcutizries thai is 70 say:
HE Imperial and Royal Apostolic Majesty the
Count Frederick Ferdinand de Beust, HIS Imperial
and Royal Majesty Chamberlain. Prvy Councillor,
Ambassador Extraordinary the Court Of st. James
6raud Cross q the Order q ST. Stephen and Of that
q Leopold, etc.. and His Majesty the King Of the
Kingdom Of the Hawaiian Islands :-Manley Hopkins,
Esg-. Has Hawaiian Msjesiy's Charged Afaires and
Cunsul-Gcueral in London, Knight Commander Of
the ortcr q kamehameha l., and Of Isabella la Ca
taiea. who alter having communicated each other
their respective fall powers. found to be in due and
proper form. have agreed upon and concluded the fol-
loving Articles.
AETcLr There shall be perpetual peace and
friendship between the AustrO- ngarian Empire and
the kingdom u the Hawaiian Islands, and between
the citizens q the two countries without exception Of
person and plEce-
AE-lclE There shall be between the Austro-
Hungarian Empire and the Kingdom Of the Hawaiian
Islands. reciprocal freedom Of and naviga-
tun and the citizens Of the AustrO-Hu Earian Em-
Tirc IN The Hawaiian Islands. ard HaEaiians within
the Empire Of Hungary may enter with their
vessels and eargoes into all places ports aud rivers,
Which are or shall hereafter be open to foreign
lucrce with the same liberty and security are or
may be enjoyed by the natives Of each country re-
positively, always provided that the police regula-
established for the preservation Of peace aud
Article s.-The citizens Of the two high contract
Ing PARTIES may, like the natives IN the respective
t1rrfuries travel, reside, trade wholesale OF retail
ad transact any lawful business and rent or occupy
the houses. stores shops which they may require
fir The purpose Of residence business, and 10 the
e Transaction u every business shall be on a perfect
equality vita the natives Of the country. In the per-
frmance Of all business the citizens Of each contract
any power when resident in the territory Of the other
shah conform 70 all the laws and regulations Of the
country and they shall not be subject in any case to
any other charges restrictions, taxes ,or mpostons
than those 10 which the natives subject.
Au1ICLE s.-The citizens Of each high contracting
party when resident in the territory OF the other shall
e1j y the most constant and complete protection for
scr persons and property, and for this purpose they
SHAH have free and easy to the of jus
t.ce provided by law, 10 pursuit and defence of their
rhis. They shall be at liberty 10 employ lawyers
advocates. agents 70 prosecute or defend their
rights before such courts Of justice. In fact they
shall enjoy 10 this respect all the rights and privie-
ces which granted TO natives and shall be subject
a. the same conditions.
ARTICLE 5.-The citizens Of each high contracting |
party when resident in the territory Of the other shall
T. rveH1ft from all service, whether in the army or
1avy 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-
Hshed-
Article 6.-The most entire liberty of conscience
3 guaranteed to citizens Of each Of the high contract
i1r parties within the territories of the oher-uo one
small be molested account Of his religion or the OBJ
scrranccs thereof.
AErrcIE THE citizens Of each Of the high con.
tracing parties in the territory Of the other have
thc right Of acquiring and possessing property of
every description and kind whether the same be real
personal property, and may dispose Of the as
may 20 them best, whether by sale, donation
ozchanrc VIII, in any other way also the citizens
a. either II the two States may become heirs to prop
crgy situated In the other and may succeed without
hindTancc to the properties that may devolve upon
them, and dispose Of the same according their
pleasure and such heirs or legatees shall not be sub
jueed to any charges be bound to pay any expeu-
81 succession or otherwise higher than those which
shall be borne in like by the natives themselves
AETlcIE S.-An vessels sailing under the respee-
vt flags Of either Of the high contracting parties aud
which shall be bearers Of the ships papers and docu-
cnt required by the laws OF their respective ooun
tries shall be taken and considered to be the vessels
q The country whose Gag they carry.
AErIcLE Q.-Nesses Of either of the high contracts
ing parties arriving in the ports Of the other or de-
parting ou them, shall not be subjected to other or
higher duties Of tonnage, lighthouses, anchorage
port-charges. government wharfage, pilotage quar-
autine other charges, under any denomination
whatsoever than those 20 which national vessels NAV
he Subjected; il being however expressly understood
stipulation in this treaty made. shall be taken
as applying the cOasting trade, which each con-
tracing party reserves 70 ITSELF respectively and will
regulate according TO its own laws.
AnTicLE lQ.-Articles of all sorts imported into or
exported from the ports Of either Of the contracting
parties under the Gag Of the other, shall pay no other
higher duties or be subjected TO any other charges
than II imported or exported under the national flag
ARTICLE l.-Ncssels 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 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 impeed them to seek shelter
AErIcLE I2.-Austro-H Hungarian ships Of war or
whale ships shall have free all the Hawaiian
ports 20 anchor, be repaired and Fctua their crews
Hnd they may proceed from harbOr another for
fresh provisions In all the ports which are or may
lie oPened 70 foreign vessels, Ausro Hungarian ships
II and Whalers shall be subject to the same rules
Which or may be imposed on and shall enjoy all
the sane rights and privileges which are or may be
granted 70 ships Of the most favored nation.
ARTICLE IS.-The two high contracting parties
hereby agree that any favor, privilege or immunity
whatsoever in matters Of commerce OF navigation
uErh either contracting party has granted, or may
hetoan grant 10 the subjects or citizens Of any other
Eia. shall be extended to the subjects citizens Of
The other contracting party gratuitously if the con-
cea0u In fnror Of the other state shall have been ra
tnioEs, in return for compensation as nearly as
POSSIBLE Of propOrtiOnate value and effect to be ad-
instpd by mutual agreement If the concession shall
lave been conditional.
AnrlcLE ls.-Eaeh Of the two contracting parties
may appoint Consnls, Nics cOnsuls and Consular
SCENTS reside IN the territory Of the other for the
fupooc 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
hs sent; either Of the contracting parties may
Cept from tue residence OF Coneu such particular
places either may think OF 10 be excepted, being
understood that neither party VIII impose any re
utricton which is not common in the country to all
nations. .
AnrrcLr l5.-The Diplomatic Agents. Cousuls- l
Genural. Colsuls Vice consus and Consular Agents
q Austria Hungary in the Hawaiian islands, shall
Joy all the rights privileges, immunities and exemp-
lions ezjoycd by the Diplomatic Agents, Consuls 9
foeesnsuls, and Consular Agents Of The rank,
hsisnging 70 the most favored nation, and the
shall be the position in Austria Hungary OF the Ha-
rs.iAn Diplomatic Agents, ConsnlsG Consuls,
Nice-conEbls and Consular Agents,
ARTICLE 1.-THE Consuls, Vise-consuls and Con-
fuar Agents Of sher the contracting parties residing
Within tho territory Of the other may require the as
distance Of the local snth0res for the search, arrest,
eio1on and imprsOnmsnt Of the deserters from the
rhps Of war or merchant vessels Of their country.
Ter this purpose they shall apply 70 the competent
ocsi authorte in writing. proving BY the exhibition
q The crew liEt orUiher ocia docnment that the per-