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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 2 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.
III. The 2 Contracting Parties hereby agree that any favour, privilege, or immunity whatever 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 shall have been conditional.
IV. No other or higher duties shall be imposed on the importation into the dominions of 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 territories 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 2 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 2 Contracting Parties to the territories of the other, which shall not equally extend to the exportation of the like article to the territories of all other nations.
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 of the Hawaiian Islands, on British vessels, than those
payable in the same ports by Hawaiian vessels; nor in the ports of Her Britannic Majesty's territories, on Hawaiian vessels, than shall be payable in the same ports on British vessels.
VI. The same duties shall be paid on the importation of any article which is or may be legally importable into the Hawaiian Islands, whether such importation shall be in Hawaiian or in British vessels; and the same duties shall be paid on the importation of any article which is or may be legally importable into the dominions of Her Britannic Majesty, whether such importation shall be in British or in Hawaiian vessels. The same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any article which is or may be legally exportable from the Hawaiian Islands, whether such exportation shall be in Hawaiian or in British vessels; and the same duties shall be paid, and the same bounties and drawbacks allowed, on the exportation of any article which is or may be legally exportable from Her Britannic Majesty's dominions, whether such exportation shall be in British or in Hawaiian vessels.
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 refreshment, 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 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 1,000 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.
The like privilege of frequenting the 3 ports of the Sandwich Islands named in this Article, which are not ports of entry for merchant-vessels, is also guaranteed to all the public armed vessels of Great Britain. But nothing in this Article shall be construed as
authorizing any British vessel, having on board any disease usually regarded as requiring quarantine, to enter during the continuance of any such disease on board, any ports of the Sandwich Islands other than Honolulu or Lahaina.
VIII. All merchants, commanders 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 to 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 subjects 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. The same privileges shall be enjoyed in the dominions of Her Britannic Majesty by Hawaiian subjects, under the same conditions.
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.
IX. In whatever relates to the police of the ports, the lading and unlading of ships, the warehousing and safety of merchandize, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, exchange, or testament, or in any other manner whatsoever; as also with regard to the administration of justice, the subjects of each Contracting Party shall enjoy, in the territories of the other, the same privileges, liberties, and rights, as native subjects; and they shall not be charged, in any of these respects, with any other or higher imposts or duties, than those which are or may be paid by native subjects; subject always to the local laws and regulations of such territories.
In the like event of any subject of either of the 2 Contracting Parties dying without will or testament, in the territories of the
other Contracting Party, the Consul-General, Consul, or Acting Consul of the nation to which the deceased may belong, shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named according to the laws of the country in which the death shall have taken place.
X. The subjects of Her Britannic Majesty residing in the Hawaiian Islands, and Hawaiian subjects residing in the dominions 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.
XII. It is agreed and covenanted that neither of the 2 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.
XII. It shall be free for each of the 2 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.
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 2 Contracting Parties, the subjects of either of the 2 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. All subjects of either of the 2 Contracting Parties who may be established in the territories of the other, in the exercise of any trade or special employment, shall in such case have the privilege of remaining and continuing such trade and employment therein, without any manner of interruption, in full enjoyment of their liberty and property, as long as they behave peaceably, and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or entrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native subjects. In the same case, debts between individuals, public funds, and the shares of companies, shall never be confiscated, sequestered, or detained.
XIV. The subjects of Her Britannic Majesty residing in the Hawaiian Islands shall not be disturbed, persecuted, or annoyed, on account of their religion, but they shall have perfect liberty of conscience therein, and shall be allowed to celebrate Divine Service either within their own private houses, or in their own particular churches or chapels, which they shall be at liberty to build and maintain in convenient places approved of by the Government of the said islands. Liberty shall also be granted to them to bury in burial-places, which in the same manner they may freely establish and maintain, such subjects of Her Britannic Majesty who may die in the said islands. In like manner, Hawaiian subjects shall enjoy within the dominions of Her Britannic Majesty, perfect and unrestrained liberty of conscience, and shall be allowed to exercise their religion publicly and privately, within their own dwelling-houses, or in the chapels and places of worship appointed for that purpose, agreeably to the system of toleration established in the dominions of her said Majesty.
XV. In case there should at any time be established British