Historical Collections of The Hawaiian Islands - Kamehameha lll --- (Part 8)

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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 8
British Treaty -- March 26, 1846
U.S. Treaty -- December 20, 1849 --Articles l through -- Article 7.
by Darlene E. Kelley
December 8, 2000

http://www.genrecords.net/emailregistry/vols/00026.html#0006374

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Kamehameha lll -- Part 8.
As told by the ancients-- 

British Treaty, -- March 26th, 1846. 

It being desirable that a general convention should be substituted for
the various instruments of mutual agreement at preset at present
existing between Great Britain and the Sandwich Islands, the following
articles have. for that purpose and to that intent, been mutually agreed
upon and signed between the Governments of Great Britain and the
Sandwich Islands, and it has been determined that any other Treaty or
Conventional Agreement now existing between the respective parties shall
be henceforward abrogated and considered null and of no effet.

Article l ;  There shall be perpetual peace and amity between Her
Majesty the Queen of the United Kingdom of Great Britain and Ireland,
and the King of the Sandwich Islands, their heirs and successors.

Article 2 ;  The subjects of Her Britannic Majesty residing within the
dominions of the King of the Sandwich Islands shall enjoy the same
protection in regard to their civil rights as well as to their persons
and properties, as native subjects; and the King of the Sandwich Islands
engages to grant to British the same rights and privileges which now
are, or hereafter may be, granted to or enjoyed by any other foreigners,
subjects of the most favored nation.

Article lll ;  No British subject accused of any crime whatever shall be
judged otherwise than by a jury composed of native or foreign residents,
proposed by the British Consul and accepted by the Government of the
Sandwich Islands.

Article lV ;  The protection of the King of the Sandwich Islands shall
be extended to all British vessels, their officers and crews. In case of
shipwreck, the chiefs and inhabitants of the different parts of the
Sandwich Islands shall seccour them and secure them from plunder. The
salvage dues shall be regulated, in case of dispute, by arbitrators
chosen by both parties.

Article V ;  The description of seaman embarked on board of British
vessels shall be severly repressed by the local authorities; who shall
employ all the means at their disposal to arrest deserters; and all
reasonable expenses of capture shall be defrayed by the Captains and the
owners of the said vessels.

Article Vl ;  British merchandise or goods recognized as coming from the
British dominions, shall not be prohibited, nor shall they be subject to
an import duty higher thn five percent and valorem. Wines, Brandies, and
other spirituous liquors are however excepted from the stipulation, and
shall be liable to such reasonable duty as te Hawaiian Government may
think; fit to lay upon them, provided always that the amount of duty
shall not be so high as absolutely to prohibit the importation of the
said articles.

Article Vll ;  No tonnage. import or other duties shall be levied on
British vessels, or goods imported in British vessels, beyond what are
levied on vessels or goods of the most favored nation.

Article Vlll ; The subjects of the King of the Sandwich Islands shall,
in their commercial or other relations with Great Britain, be treated on
the footing of the most favored nation.

Done at Honolulu the 26th of March, 1846.

WM. MILLER               
         H.B.M.'s Consul-General for the 
         Islands in the Pacific Ocean.        [ L.S ]

R.C. WYLLIE
         His Hawaiian Majasty's Minister
         of Foreign Relations.                    [ L.S. ]

IOANE ll,
          Member of the Treasury Board.   [ L.S.] 

******************************************************

Treaty With The Hawaiian Islands, Dec. 20, 1849.

WHEREAS a treaty of friendship, commerce, and navigation beween the
United States of America and his Majesty the King of the Hawaiian
Islands, was concluded and signed at Washinton,on the twentieth day of
December, in the year of our Lord one thousand eight hundred and
forty-nine, the original of which treaty is, word for word, as
follows;--

The United States of America and his Majesty the King of the Hawaiian
Islands, equally animated with the desire of maintaining the relations
of good understanding which have hitherto so happily subsisted beween
their respective states, and consolidating the commercial intercourse
between them, have agreed to enter into negotiations for the conclusion
of a treaty of friendship, commrerce, and navagation, for which purpose
they have appointed plenipotentiaries, that is to say The President of
the United States of America, John M. Clayton, Secretary of State of the
United States; and his Majesty the King of the Hawaiian Islands, James
Jackson Jarves, as accrediated as his special comissioner to the
government of the government of the United States; who, after having
exchanged their full powers, found in good and due form, have concluded
and signed the following articles;--

ARTICLE l ;  There shall be perpetual peace and amity beween the United
States and the King of the Hawaiian Islands, his heirs and succesors.

ARTICLE ll ;  There shall be reciprocal liberty of commerce and
navigation between the United States of America and the Hawaiian
Islands. No duty of customs, or any other impost, shall be charged upon
any goods, the produce or manufacture of, one country, upon importation
from such country into the other, other or higher than the duty or
impost charged upon goods of the same kind, the produce or manufacture
of, or tin-ported from, any other country; and the United States of
America and his Majesty the King of the Hawaiian Islands do hereby
engage, that the subjects or citizens of any other state shall not enjoy
any favor, privilege, or immunity,whatever,in, matters of commerce and
navigation, which shalt not also, at the same time, be extended to the
subjects or citizens of other contracting party, gratuitously, if the
concession in favor of that state shall have been gratuitous, and in
return for a compensation, as nearly as possible of proportionate value
and effect, to be adjusted by mutual agreement, if the concession shall
have been conditional.

ARTICLE lll ;  All articles, the produce or manufacture of either
country, which can be legally imported into either country from the
other, in ships of that other country, and thence coming, shall, when so
imported, be subject to the same duties, and enjoy the same privileges,
whether imported in ships of the one country, or in ships of the other;
and like manner, all goods which can be legally exported or re-exported
from either country to the orher; in ships of that other country, shall,
when so exported or re-exported , be subject to the same duties, and be
enttled to the same privileges, drawbacks, bounties, and allowances,
whether exported in ships of the one country, or in ships of the other;
and all goods and articles, of whatever discription, not being of the
produce or manufacture of the United States, which can be legally
imported into the Sandwich Islands, shall, when so imported in vessels
of the United States, pay no other or higher duties, imposts, or
charges, then shall be payable upon the like goods and articles, when
imported in the vessels of the most favored foreign nations, other than
the nation of which the said goods and articles are the produce or
manfacture.

ARTICLE lV;  No duties of tonnage, harbor, lighthouses, pilotage,
quarantine, or other similar duties, of whatever nature, or under
whatever denominatin, shall be imposed in either country upon the
vessels of the other, in respect of voyages between the United States of
America and the Hawaiian Islands, if laden, or in respect of any voyage,
if in ballast, which shall not be equally imposed in the like cases on
national vessels.

ARTICLE V ; It is hereby declared that the stipulations of the present
treaty are not to be understood as applying to the navigation and
carrying trade between one port and another, situated in the states of
either contracting party, such navigation and trade being reserved
exclusively to national vessels.

ARTICLE Vl ;  Steam vessels of the United States which may be employed
by the government of the said states, in the carrying of their public
mails across the Pacific Ocean, or from one port in that ocean to
another, shall have free access to the ports of the Sandwich Islands,
with the privilege of stopping therein to refit, to refresh, to land
passengers and their baggage, and for the transaction of any business
pertaining to the public mail service of the United States, and shall be
subject in such ports to no duties of tonnage, harbor, lighthouses,
quarantine, or other similar duties of whatever nature or under whatever
denomination.

ARTICLE Vll ; The whale ships of the United States shall have access to
the ports of Hilo, Kealakekua, and Hanalei, in the Sandwich Islands, for
the purposes of refitment and refreshment, as well as to the other ports
of Honolulu and Lehaina, which are only ports of entry for all merchant
vessels, and in the above named ports, they shall be permitted to trade
barter their supplies or goods, excepting spirituous liquors, to the
amount of two hundred dollars and valorem for each vessel, without
paying any charge for tonnage or harbor dues, of any description, or any
duties or imposts whatever on the goods or articles so traded or
bartered. They shall also be permitted, with the like exemption from all
charges for tonnage and harbor dues, furthur to trade or barter, with
the same exemption as to spirituous liquors, to the additional amount of
one thousand dollars and 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 is the
vessels and by the citizens or subjects of the most favored foreign
nation. 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 seaman or land their passengers in the said
Islands, except at Lahaina and Honolulu; and in all ports named in this
article, the whale ships of the United States shall enjoy, in all
respects whatsoever, all the rights, privaleges, and immunities, which
are enjoyed by, or shall be granted to, the whale ships of the most
favored foreign nation. The like privilege of frequenting the three
ports of the Sandwich Islands, above named in this article, not being
ports of entry for merchant vessels, is also guarenteed to all the publc
armed vessels of the United States. But nothing in this article shall be
construed as authorizing any vessel of the United States, having on
board any disease usually regarded as requiring quarantine, to enter,
during the continuance of such disease on board, any port of the
Sandwich Islands, other than Lahaina or Honolulu.