Historical Collections of The Hawaiian Islands - Kamehameha lll --- (Part 7) The US GenWeb Archives provide genealogical and historical data to the general public without fee or charge of any kind. It is intended that this material not be used in a commercial manner. All submissions become part of the permanent collection. Historical Collections of The Hawaiian Islands " Keepers of the Culture " A study in time of the Hawaiian Islands As told by the ancients-- Kamehameha lll -- Part 7 Hawaii--United States Treaty -- 1826 English Treaty -- 1836 Convention -- Capt La Place -- 1839 by Darlene E. Kelley December 6, 2000 http://www.genrecords.net/emailregistry/vols/00026.html#0006374 ------------------------------------------------------------------------ As told by the ancients -- Kamehameha lll [ Kalani Kauikeaouli ] --part 7. Hawaii -- United States Treaty -- 1826. Commerce Articles of arrangement signed at Honolulu December 23, 1826. Entered into force December 23, 1826. Articles of arrangement made and concluded at Oahu between Thomas ap Catesby Jones appointed by the United States, of the one part. and KauiKeaouli. King of the Sandwich Islands, ad his Guardians, on the other part. ART: l st. The peace and friendship subsisting between the United States, and their Majesties, the Queen Regent, and Kauikeaoouli, King of the Sandwich Islands, and their subjects and people, are hereby confimed, and declared to be perpetual. ART: 2nd. The ships and vessels of the United States [ as well as their Consuls and all other citizens within the territorial jurisdiction of the Sandwich Islands, together with their property ], shall be inviolably protected against all Enemies of the United States in time of war. ART: 3rd. The contracting parties being desirous to avail themselves of the bounties of Devine Providence, by promoting the commercial intercourse and friendship subsisting between the respective Nations, for the better security of these desirable objects. Their Majesties bind themslves to receive into their Ports and Harbours all ships and vessels of the United States; and to protect, to the upmost of their capacity, all such ships and vessels, their cargo officers and crews, so long as they behave themselves peacefully, and not infringe the established laws of the land, the citizens of the United States being permitted to trade freely with the people of the Sandwich Islands. ART: 4th. Their Majesties do further agree to extend the fullest protection, within their control, to all ships and vessels of the United States which might be wrecked on their shores and to render every assistance in their power to save the wreck and her apparel and cargo; and as a reward for the assistance and protection which the people of the Sandwich Islands shall afford to all such distressed vessels of the United States, they shall be entitled to a salvage, or a portion of the property so saved; which valuation is to be fixed by a commision of disinterested persons who shall be chosen equally by the Parties. ART: 5th Citizens of the United States. whether resident or transient, engaged in commerce, or trading to the Sandwich Islands, shall be inviolably protected in their lawful pursuits; and shall be allowed to sue for, and recover by judgement, all claims against the subjects of His Majesty The King, according to strict principles of equity, and the acknowledged practice of civilized nations. ART: 6th Their Majesties do further agree and bind themselves to discountenance and use all practicable means to prevent desertion from all American ships which visit the Sandwich Islands: and to that all end it shall be made the duty of all Governors, Magistrates, Chiefs of Districts, and all others in authority, to apprehend all deserters: and to deliver them over to the master of the vessel from which they have deserted; and for the apprehension of every such deserter, who shaa be delivered over as aforesaid, the master, owner, or agent, shall pay to the person or persons apprehending such deserter, the sum of six Dollars, if taken on the side of the Island near which the vessel is anchored, but if taken on the opposite side of the Island, the sum of twelve Dollars; and if taken on any other Island, the reward shall be twenty four Dollars, and shall be a just charge against the wages of every such deserters. ART: 7th No tonnage dues or impost shall be exacted of any Citizen of the United States which is not paid by the Citizens or subjects most favoured in commerce with the Sandwich Island; and the citizens of subjects of the Sandwich Islands shall be allowed to trade with the United States, and her territories, upon principles of equal advantage with the most favoured nation. Done in council at Honolulu, Island of Waohoo, this 23rd day of December in the year of our Lord 1826. Thos.AP Catesby Jones. Elisabeta Kaahumanu Karaimoku Poki Howapili Lida Namahama ****************************************************** English Treaty -- November 16, 1836. of Lord Edward Russell. Articles made and agreed on at Honolulu, Island of Oahu, the 16th of Novemeber, 1836. Article 1; English subjects shall be permitted to come with their vessels, and property of whatever kind, to the Sandwich Islands; they shall also be permitted to reside therein, as long as they conform to the laws of these Islands, and to build houses, and warehouses for their merchandise, with the consent of the King, and good friendship shall continue between the subjects of both countries, Great Britain and the Sandwich Islands. Article ll ; English subjects, resident of the Sandwich Islands, are at liberty to go to their own country, or elsewhere either intheir own or any other vessel; they may dispose of their effects, enclosures, houses, &c., with the previous knowledge of the King, and take the value with them, without any impediment whatever. The Land on which houses are built is the property of the King, but the King shall have no authority to destroy te houses, or in any way injure the property of any Brtish subject. Article lll ; When an English subject dies on the Sandwich Islands,his effects shall not be searched or touched by any of the Governors or Chiefs,but shall be delivered into the handsof his executors or heirs, if present but if no heir or executor appear, the Consul or his agent shall be the executor for the same; if any debts were owing to the deceased, the Governor of the place shall assist and do all in his power to compel the debtors to pay their debts to the heir or executor, or the Consul, in case of no heir or executor appears, and the Consul is to imform the King of the death of every British subject leaving property upon the Sandwich Islands. Kamehameha lll Edward Russel, Captain of H.B. M.'s ship ACTCON. ****************************************************** Convention-- Between Capt. Laplace of French frigate "L'ARTEMISE" and Kamehameha lll, July 17th, 1839. Convention, concluded betwen the King of the Sandwich, Tamaeamea, and Post Captain Laplace, Commander of the French frigate L'Artemise, in the name of his Government. Article l ; There shall be perpetual peace and friendship between the King of the French and the King of the Sandwich. Article ll ; The French shall be protected in an efficient manner, in their persons and their properies, by the King of Sandwich, who shall grant them authorization necessary, that they may pursue juridically His subjects against whom they may have just reclamations to make. Article lll ; This protection shall extend to French vessels, their crews, and their officers. In case of shipwreck, the Chiefs and inhabitants of the different districts [parties] of the Archipelago shall bring them assistance, and guarentee them from pillage. The compensation for salvage shal be regulated, in case of difficulties, by arbiters, nominated by the two parties. Article lV ; No Frenchmen, accused of any crime whatever, shall be judged otherwise than by jury, composed of foreign residents, proposed by teh Consul of France, and accepted by the Government of the Sandwich Islands. Article V ; The desertion of French sailors from French vessels shall be severely repressed by the local Authorities, who shall employ all the means at their disposal to cause the arrest of the deserters , and the expense of capture shall be paid by the Captains or owners of said vessels, according to tarrif adopted by other nations. Article Vl ; French merchandise, or known to be of French provenance, and especially wines and brandies shall not be prohibited, nor pay a higher duty than five percent, ad valorem. Article Vll ; No duty of Tonnage or importation shall be extracted of French merchandise, unless it be paid by the subjects of the nation most favored, in its commerce with the Sandwich Islands. Article Vlll ; The subjects of King Tameamea shall have the right in French possessions to all advantages which the French enjoy in the Sandwich Islands, and they shall in other respects be considered as belonging to the nation most favored in its relations with France. Done and signed between the contracting parties, the 17th July, 1839. Kamehameha lll Capt. Laplace.