teries, or in places appointed for The subjects of Her Britannic Art. XV. The Government of the Republic of Paraguay, as a consequence of the national law for the freedom of the offspring of slaves, binds itself to prohibit, in the most efficacious manner, all the inhabitants of the Republic from trading in African negroes, in accordance with the philanthropic policy of Her Majesty the Queen of England, for the abolition of the above-mentioned traffic Art. XVI. The present Treaty shall be in force during six years, counted from the day of the ex change of the ratifications; and if, a year before the expiration of that term, neither the one nor the other contracting party should announce, by an official declaration, its intention of putting an end to the effect of the said Treaty, it shall continue for a year longer; so that in this case it shall cease to be binding at the expiration of seven years, counted from the above-mentioned day of the exchange of the ratifications. The Paraguayan Government shall be at liberty to address to Her Britannic Majesty, or to her representative in the Republic, the official declaration agreed upon in this Article. Art. XVII. Provides for the ratifications. Done at Assumption, the capital of the Republic of Paraguay, on the fourth day of March, in the year of Our Lord, one thousand eight hundred and fifty-three. (LS) CHARLES HOTHAM. TREATY of FRIENDSHIP, COMMERCE, and NAVIGATION, (Signed at Honolulu, July 10, 1851.-Ratifications exchanged at Honolulu, THE preamble recites the contract all the dominions of Her Britannic Majesty and the Hawaiian Islands, a reciprocal freedom of commerce. The subjects of each of the two contracting parties, respectively, shall have liberty freely and securely to come, with their ships and cargoes, to all places, ports, and rivers in the territories of the other, where trade with other Art. II. There shall be, between nations is permitted; they may Art. I. There shall be perpetual friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, her heirs and successors, and the King of the Hawaiian Islands, his heirs and successors, and between their respective subjects. remain and reside in any part of the said territories respectively, and hire and occupy houses and warehouses; and may trade, by wholesale or retail, in all kinds of produce, manufactures, and merchandize of lawful commerce; enjoying the same exemptions and privileges as native subjects, and subject always to the same laws and established customs as native subjects. In like manner the ships of war of each contracting party, respectively, shall have liberty to enter into all harbours, rivers, and places within the territories of the other, to which the ships of war of other nations are or may be permitted to come, to anchor there, and to remain and refit; subject always to the laws and regulations of the two countries, respectively. The stipulations of this Article do not apply to the coasting trade, which each contracting party reserves to itself, respectively, and shall regulate according to its own laws. Art. III. The two contracting parties hereby agree that any favour, privilege, or immunity what ever in matters of commerce or navigation, which either contracting party has actually granted, or 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 concession in favour of that other State shall have been gratuitous, or in return for a compensation as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession Her Britannic Majesty of any article the growth, produce, or manufacture of the Hawaiian Islands, and no other or higher duties shall be imposed on the importation into the Hawaiian Islands of any article the growth, produce, or manufacture of Her Britannic Majesty's dominions, than are or shall be payable on the like article, being the growth, produce, or manufacture of any other foreign country. Nor shall any other or higher duties or charges be imposed in the terri tories of either of the contracting parties on the exportation of any article to the territories of the other, than such as are or may be payable on the exportation of the like article to any other foreign country. No prohibition shall be imposed upon the importation of any article the growth, produce, or manufacture of the territories of either of the two contracting parties into the territories of the other, which shall not equally extend to the importation of the like articles being the growth. produce, or manufacture of any other country. Nor shall any prohibition be imposed upon the exportation of any article from the territories of either of the two contracting parties to the territo ries of the other, which shall not equally extend to the exportation of the like article to the territories of all other nations. Art. V. No other or higher duties or charges on account of tonnage, light, or harbour dues. pilotage, quarantine, salvage in case of damage or shipwreck, or any other local charges, shall be imposed in any of the ports Art. IV. No other or higher the Hawaiian Islands, on British duties shall be imposed on the vessels, than those payable in the importation into the dominions of same ports by Hawaiian vessels. shall have been conditional. of TER nor in the ports of Her Britannic Majesty's territories, on Hawaiian vessels, than shall be payable in the same ports on British vessels. harbour-dues of any description, or any duties or imposts whatever upon the goods or articles so traded or bartered. They shall also be permitted, with the like exemption from all charges for tonnage and harbour dues, further to trade or barter, with the same exception as to spirituous liquors, to the additional amount of 1000 dollars ad valorem for each vessel, paying upon the additional goods and articles so traded and bartered no other or higher duties than are payable on like goods and articles when imported in national vessels and by native subjects. They shall also be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments; but they shall not discharge their seamen or land their passengers in the said islands, except at Honolulu and Lahaina; and in all the ports named in this Article British whale ships shall enjoy, in all respects, whatsoever, all the rights, privileges, and immunities which are or may be enjoyed by national whale-ships, or by whale ships of the most favoured nation. Art. VI. The same duties shall The like privilege of frequenting Art. VII. British whale-ships shall have access to the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, for the purpose of refitment and refresh ment, as well as to the ports of Honolulu and Lahaina, which two last-mentioned ports only are ports of entry for all merchant-vessels; and in all the above-named ports they shall be permitted to trade or to barter their supplies or goods, excepting spirituous liquors, to the amount of 200 dollars ad valorem for each vessel, without paying any charge for tonnage, or for Art. VIII. All merchants, com manders of ships, and others, the subjects of Her Britannic Majesty, shall have full liberty, in the Hawaiian Islands, to manage their own affairs themselves, or to commit them to the management of whomsoever they please, as broker, factor, agent, or interpreter; nor shall they be obliged to employ any other persons than those employed by Hawaiian subjects, nor to pay such persons as they shall think fit to employ any higher salary or remuneration than such as is paid, in the like cases, by Hawaiian subjects. British sub jects in the Hawaiian Islands shall be at liberty to buy from and to sell to whom they like, without being restrained or prejudiced by any monopoly, contract, or exclusive privilege of sale or purchase whatever and absolute freedom shall be allowed in all cases to the buyer and seller, to bargain and fix the price of any goods, wares, or merchandize, imported into, or exported from, the Hawaiian Islands, as they shall see good; observing the laws and established customs of those islands. same privileges shall be enjoyed in the dominions of Her Britannic Majesty by Hawaiian subjects, under the same conditions. The The subjects of either of the contracting parties, in the territories of the other, shall receive and enjoy full and perfect protection for their persons and property, and shall have free and open access to the courts of justice in the said countries respectively, for the prosecution and defence of their just rights; and they shall be at liberty to employ in all causes the advocates, attorneys, or agents of whatever description whom they may think proper; and they shall enjoy, in this respect, the same rights and privileges as native subjects. Art. IX. In whatever relates to and unlading of ships, the warethe police of the ports, the lading housing and safety of merchandize, to personal estates by will or othergoods, and effects, the succession wise, and the disposal of personal property of every sort and denomination by sale, donation, exchange, or testament, or in any other regard to the administration of manner whatsoever; as also with justice, the subjects of each contracting party shall enjoy, in the privileges, liberties, and rights as territories of the other, the same native subjects: and they shall respects, with any other or higher not be charged, in any of these imposts or duties than those which jects; subject always to the local are or may be paid by native sublaws and regulations of such territories. of either of the two contracting In the like event of any subject parties dying without will or tesother contracting party, the Contament, in the territories of the sul-General, Consul, or acting Consul of the nation to which the deceased may belong, shall, so far permit, take charge of the property as the laws of each country will for the benefit of his lawful heirs which the deceased may have left, and creditors, until an executor or administrator be named according to the laws of the country in which the death shall have taken place. Art. X. The subjects of Her Britannic Majesty residing in the subjects residing in the dominions Hawaiian Islands, and Hawaiian of Her Britannic Majesty, shall be exempted from all compulsory military service whatsoever, whether by sea or land, and from all forced loans, or military exactions or requisitions; and they shall not be compelled, under any pretext whatsoever, to pay any ordinary charges, requisitions, or taxes, other or higher than those that are or may be paid by native subjects. Ärt. XI. It is agreed and covenanted that neither of the two contracting parties shall knowingly receive into or retain in its service any subjects of the other party who have deserted from the naval or military service of that other party; but that, on the contrary, each of the contracting parties shall respectively discharge from its service any such deserters, upon being required by the other party so to do. And it is further agreed, that if any of the crew shall desert from a vessel of war or merchant-vessel of either contracting party, while such vessel is within any port in the territory of the other party, the authorities of such port and territory shall be bound to give every assistance in their power for the apprehension of such deserters, on application to that effect being made by the Consul of the party concerned, or by the deputy or representative of the Consul; and no public body shall protect or harbour such deserters. It is further agreed and declared, that any other favour or facility with respect to the recovery of deserters, which either of the contracting parties has granted, or may hereafter grant, to any other State, shall be considered as granted also to the other contracting party, in the same manner as if such favour or facility had been expressly stipulated by the present treaty. Art. XII. It shall be free for each of the two contracting parties to appoint Consuls for the protection of trade, to reside in the territories of the other party; but, before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the contracting parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The diplomatic agents and Consuls of the Hawaiian Islands in the dominions of Her Britannic Majesty shall enjoy whatever privileges, exemptions, and immunities are or shall be granted there to agents of the same rank belonging to the most favoured nation; and, in like manner, the diplomatic agents and Consuls of Her Britannic Majesty in the Hawaiian Islands shall enjoy whatever privileges, exemptions, and immunities are or may be granted there to the diplomatic agents and Consuls of the same rank belonging to the most favoured nation. Art. XIII. For the better security of commerce between the subjects of Her Britannic Majesty and of the King of the Hawaiian Islands, it is agreed, that if at any time any rupture, or any interruption of friendly intercourse, should unfortunately take place between the two contracting parties, the subjects of either of the two contracting parties shall be allowed a year to wind up their accounts, and dispose of their property; and a safe conduct shall be given them to embark at the port which they shall themselves select. |