Posted the Following on Facebook:

http://www2.hawaii.edu/~hslp/journal/vol1/1849_Treaty_(HJLP).pdf The Treaty was made affecting only the Sovereign his heirs and successors..... also, there's a part which addresses pirates...........

You need to be a member of maoliworld to add comments!

Email me when people reply –

Replies

    • Dwight de Armas likes this.
    • Amelia Gora The present treaty shall be in force from the date of the exchange of the ratifications for the term of ten years, and further, until the end of twelve months after either of the contracting parties shall have given notice to the other of its inten...See More
    • Amelia Gora pirates:  and the harmony and good correspondence between the two governments shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation.https://www.youtube.com/watch?v=SpwSxHiiNSw let's review this part "engaging in no way to protect the offender or sanction such violation."
      www.youtube.com
      www.myspace.com/alelamusic Order album fromwww.fargostore.com Directed by Alexandre Saltiel Produced by Narcisse Films
      *************************************************************

      HAWAIIAN-AMERICAN TREATY OF FRIENDSHIP,
      COMMERCE AND NAVIGATION, 1849
      KAMEHAMEHA III., King of the Hawaiian Islands, to all to whom
      these presents shall come, GREETING:
      KNOW YE, that whereas a treaty of friendship, commerce and
      navigation between Our Kingdom and the United States of North
      America, was concluded and signed by Our and their Plenipotentiaries,
      in the city of Washington, on the 20th day of December, 1849, 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 between their respective states, and consolidating the
      commercial intercourse between them, have agreed to enter into
      negotiations for the conclusion of a treaty of friendship, commerce and
      navigation, 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, accredited as His
      special commissioner to 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 I.
      There shall be perpetual peace and amity between the United States and
      the King of the Hawaiian Islands, His heirs and His successors. 
      ARTICLE II.
      There shall be reciprocal liberty of commerce and navigation between
      the United States of America and the Hawaiian Islands. No duty of
      customs, or 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 imported 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 shall
      not also, at the same time, be extended to the subjects or citizens of the
      other contracting parties gratuitously, if the concession in favor of that
      other 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. 116 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      ARTICLE III.
      All articles the produce and manufacture of either country which can
      legally be 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 in like manner, all
      goods which can legally be exported or re-exported from either country
      to the other, in ships of that other country, shall, when so exported or reexported, be subject to the same duties, and be entitled 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 description, 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, than shall be payable upon the
      like goods and articles, when imported in the vessels of the most favored
      foreign nation other than the nation of which the said goods and articles
      are the produce or manufacture. 
      ARTICLE IV.
      No duties of tonnage, harbor, light-houses, pilotage, quarantine, or other
      similar duties, of whatever nature, or under whatever denomination, 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 VI.
      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, light-houses, quarantine, or other similar duties
      of whatever nature or under whatever denomination. 117 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      ARTICLE VII.
      The whaleships 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 ports of Honolulu and
      Lahaina, which only are ports of entry for all merchant vessels, and in all
      the above-named ports, they shall be permitted to trade or barter their
      supplies or goods, excepting spirituous liquors, to the amount of two
      hundred dollars ad valorem for each vessel, without paying any charge
      for tonnage or harbor 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 harbor dues, further to trade or barter, with the same exemption as to
      spirituous liquors, to the additional amount of one thousand 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 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 seamen or land
      their passengers in the said Islands, except at Lahaina and Honolulu, and
      in all ports named in this article, the whaleships of the United States shall
      enjoy in all respects whatsoever, all the rights, privileges and immunities,
      which are enjoyed by, or shall be granted to, the whaleships 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 guaranteed to all the public 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. 
      ARTICLE VIII.
      The contracting parties engage, in regard to the personal privileges that
      the citizens of the United States of American shall enjoy in the
      dominions of His Majesty the King of Hawaiian Islands, and the subjects
      of His said Majesty in the United States of America, that they shall have
      free and undoubted right to travel and to reside in the states of the two
      high contracting parties, subject to the same precautions of police which
      are practised towards the subjects or citizens of the most favored
      nations. They shall be entitled to occupy dwellings and warehouses, and
      to dispose of their personal property of every kind and description, by
      sale, gift, exchange, will, or in any other way whatever, without the
      smallest hindrance or obstacle; and their heirs or representatives, being
      subjects or citizens of the other contracting party, shall succeed to their
      personal goods, whether by testament ab intestator; and may take
      possession thereof, either by themselves, or by others acting for them,118 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      and dispose of the same at will, paying to the profit of the respective
      governments such dues only as the inhabitants of the country wherein the
      said goods are, shall be subject to pay in like cases. And in case of the
      absence of the heirs and representative, such care shall be taken of the
      said goods as would be taken of the goods of a native of the same
      country in like case, until the lawful owner may take measures for
      receiving them. And if a question should arise among several claimants
      as to which of them said goods belong, the same shall be decided finally
      by the laws and judges of the land wherein the said goods are. Where,
      on the decease of any person holding real estate within the territories of
      one party, such real estate would, by the laws of the land descend on a
      citizen or subject of the other, were he not disqualified by alienage, such
      citizen or subject shall be allowed a reasonable time to sell the same, and
      to withdraw the proceeds without molestation, and exempt from all
      duties of detraction on the part of the government of the respective
      states. The citizens or subjects of the contracting parties shall not be
      obliged to pay, under any pretense whatever, any taxes or impositions,
      other or greater than those which are paid, or may hereafter be paid, by
      the subjects or citizens of the most favored nation in the respective states
      of the high contracting parties. They shall be exempt from all military
      service, whether by land or by sea; from forced loans, and from every
      extraordinary contribution not general and by laws established. Their
      dwellings, warehouses, and all premises appertaining thereto, destined
      for the purposes of commerce or residence, shall be respected. No
      arbitrary search of, or visit to their houses, and no arbitrary examination
      or inspection whatever of the books, papers or accounts of their trade,
      shall be made; but such measures shall be executed only in conformity
      with the legal sentence of a competent tribunal; and each of the two
      contracting parties engages that the citizens or subjects of the other
      residing in their respective states, shall enjoy their property and personal
      security, in as full and ample manner as their own citizens or subjects, or
      the subjects or citizens of the most favored nation, but subject always to
      the laws and statutes of the two countries respectively. 
      ARTICLE IX.
      The citizens and subjects of each of the two contracting parties shall be
      free in the States of the other to manage their own affairs themselves, or
      to commit those affairs to the management of any persons whom they
      may appoint as their broker, factor or agent, nor shall the citizens and
      subjects of the two contracting parties be restrained in their choice of
      persons to act in such capacities, nor shall they be called upon to pay any
      salary or remuneration to any person whom they shall not choose to
      employ. Absolute freedom shall be given in all cases to the buyer and
      seller to bargain together and to fix the price of any goods or
      merchandise imported into, or to be exported from the States and
      dominions of the two contracting parties; save and except generally such
      cases wherein the laws and usages of the country may require the
      intervention of any special agents in the States and dominions of the119 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      contracting parties. But nothing contained in this or any other article of
      the present treaty shall be construed to authorize the sale of spirituous
      liquors to the natives of the Sandwich Islands farther than such sale may
      be allowed by the Hawaiian laws. 
      ARTICLE X.
      Each of the two contracting parties may have, in the ports of the other,
      consuls, vice-consuls, and commercial agents, of their own appointment,
      who shall enjoy the same privileges and powers with those of the most
      favored nation; but if any such consuls shall exercise commerce, they
      shall be subject to the same laws and usages to which the private
      individuals of their nation are subject in the same place. The said
      consuls, vice-consuls, and commercial agents are authorized to require
      the assistance of the local authorities for the search, arrest, detention and
      imprisonment of the deserters from the ships of war and merchant
      vessels of their country. For this purpose, they shall apply to the
      competent tribunals, judges and officers, and shall in writing demand the
      said deserters, proving by the exhibition of registers of the vessels, the
      rolls of the crews, or by other official documents, that such individuals
      formed part of the crews; and this reclamation being thus substantiated,
      the surrender shall not be refused. Such deserters, when arrested, shall
      be placed at the disposal of the said consuls, vice-consuls or commercial
      agents, and may be confined in the public prisons at the request and cost
      of those who shall claim them, in order to be detained until the time
      when they shall be restored to the vessel to which they belonged, or sent
      back to their own country, by a vessel of the same nation, or any other
      vessel whatsoever. The agents, owners or masters of vessels on account
      of whom the deserters have been apprehended, upon the requisition of
      the local authorities shall be required to take or send away such deserters
      from the states and dominions of the contracting parties, or give such
      security for their good conduct as the law may require. But if not sent
      back nor reclaimed within six months from the day or their arrest, or if
      all the expenses of such imprisonment are not defrayed by the party
      causing such arrest and imprisonment, they shall be set at liberty, and
      shall not be again arrested for the same cause. However, if the deserters
      should be found to have committed any crime or offense, their surrender
      may be delayed until the tribunal before which their case shall be
      depending shall have pronounced its sentence, and such sentence shall
      have been carried into effect. 
      ARTICLE XI.
      It is agreed that perfect and entire liberty of conscience shall be enjoyed
      by the citizens and subjects of both the contracting parties, in the
      countries of the one and the other, without their being liable to be
      disturbed or molested on account of their religious belief. But nothing
      contained in this article shall be construed to interfere with the exclusive120 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      right of the Hawaiian Government to regulate for itself the schools which
      it may establish or support within its jurisdiction. 
      ARTICLE XII.
      If any ships of war or other vessels be wrecked on the coasts of the states
      or territories of either of the contracting parties, such ships or vessels, or
      any parts thereof, and all furniture and appurtenances belonging
      thereunto, and all goods and merchandise which shall be saved
      therefrom, or the produce thereof if sold, shall be faithfully restored with
      the least possible delay to the proprietors, upon being claimed by them,
      or by their duly authorized factors; and if there are no such proprietors or
      factors on the spot, then the said goods and merchandise, or the proceeds
      thereof, as well as all the papers found on board such wrecked ships or
      vessels, shall be delivered to the American or Hawaiian consul, or viceconsul, in whose district the wreck may have taken place; and such
      consul, vice-consul, proprietors or factors, shall pay only the expenses
      incurred in the preservation of the property, together with the rate of
      salvage and expenses of quarantine which would have been payable in
      the like case of a wreck of a national vessel; and the goods and
      merchandise saved from the wreck shall not be subject to duties unless
      entered for consumption ; it being understood that in case of any legal
      claim upon such wreck, goods or merchandise, the same shall be referred
      for decision to the competent tribunals of the country. 
      ARTICLE XIII.
      The vessels of either of the two contracting parties which may be forced
      by stress of weather or other cause into one of the ports of the other, shall
      be exempt from all duties of port or navigation paid for the benefit of the
      State, if the motives which led to their seeking refuge be real and
      evident, and if no cargo be discharged or taken on board, save such as
      may relate to the subsistence of the crew, or be necessary for the repair
      of the vessels, and if they do not stay in port beyond the time necessary,
      keeping in view the cause which led to their seeking refuge. 
      ARTICLE XIV.
      The contracting parties mutually agree to surrender, upon official
      requisition, to the authorities of each, all persons who, being charged
      with the crimes of murder, piracy, arson, robbery, forgery, or the
      utterance of forged paper, committed within the jurisdiction of either,
      shall be found within the territories of the other; provided, that this shall
      only be done upon such evidence of criminality as, according to the laws
      of the place where the person so charged shall be found, would justify his
      apprehension and commitment for trial if the crime had there been
      committed; and the respective judges and other magistrates of the two
      governments, shall have authority, upon complaint made under oath, to
      issue a warrant for the apprehension of the person so charged, that he121 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      may be brought before such judges or other magistrates respectively, to
      the end that the evidence of criminality may be heard and considered;
      and if, on such hearing, the evidence be deemed sufficient to sustain the
      charge, it shall be the duty of the examining judge or magistrate to certify
      the same to the proper executive authority, that a warrant may issue for
      the surrender of such fugitive. The expense of such apprehension and
      delivery shall be borne and defrayed by the party who makes the
      requisition and receives the fugitive. 
      ARTICLE XV.
      So soon as steam or other mail packets under the flag of either of the
      contracting parties, shall have commenced running between their
      respective ports of entry, the contracting parties agree to receive at the
      Post Offices of those ports all mailable matter, and to forward it as
      directed, the destination being to some regular Post Office of either
      country; charging thereupon the regular postal rates as established by law
      in the territories of either party receiving said mailable matter; in
      addition to the original postage of the office whence the mail was sent.
      Mails for the United States shall be made up at regular intervals at the
      Hawaiian Post Office, and dispatched to ports of the United States, the
      Postmasters at which ports shall open the same, and forward the enclosed
      matter as directed, crediting the Hawaiian Government with their
      postages as established by law and stamped upon each manuscript or
      printed sheet. All mailable matter destined for the Hawaiian Islands shall
      be received at the several Post-offices in the United States and forwarded
      to San Francisco or other ports on the Pacific Coast of the United States,
      whence the Post-masters shall dispatch it by the regular mail packets to
      Honolulu, the Hawaiian Government agreeing on their part to receive
      and collect for and credit the Post-office Department of the United States
      with the United States rates charged thereupon. It shall be optional to
      pre-pay postage on letters in either country, but postage on printed sheets
      and newspapers shall in all cases be pre-paid. The respective Post-office
      Departments of the contracting parties shall, in their accounts, which are
      to be adjusted annually, be credited with all dead letters returned. 
      ARTICLE XVI.
      The present treaty shall be in force from the date of the exchange of the
      ratifications for the term of ten years, and further, until the end of twelve
      months after either of the contracting parties shall have given notice to
      the other of its intention to terminate the same, each of the said
      contracting parties reserving to itself the right of giving such notice at the
      end of the said term of ten years, or at any subsequent term. Any citizen
      or subject of either party infringing the articles of this treaty shall be held
      responsible for the same, and the harmony and good correspondence
      between the two governments shall not be interrupted thereby, each party
      engaging in no way to protect the offender or sanction such violation. 122 HAWAIIAN JOURNAL OF LAW & POLITICS: Vol. 1 (Summer 2004)
      ARTICLE XVII.
      The present treaty shall be ratified by the President of the United States
      of America, by and with the advice and consent of the Senate of the said
      States, and the advice and consent of the Senate of the said States, and by
      His Majesty the King of the Hawaiian Islands, by and with the advice of
      His Privy Council of State, and the ratifications shall be exchanged at
      Honolulu within eighteen months from the date of its signature, or sooner
      if possible. In witness thereof, the respective Plenipotentiaries have
      signed the same in-triplicate, and have thereto affixed their Seals. Done
      at Washington, in the English Language, the twentieth day of December,
      in the year One Thousand Eight Hundred and Forty-nine.
      [SEAL] JOHN M. CLAYTON.
      [SEAL] JAMES JACKSON JARVES.
      AND, WHEREAS, we have carefully examined all the points and
      articles thereof, by and with the advice of Our Privy Council of State,
      We have confirmed and ratified the foregoing Treaty, and We do confirm
      and ratify the same, in the most effectual manner, promising on Our faith
      and word as King, for Us and Our successors, to fulfill and observe it,
      faithfully and scrupulously in all its clauses. In faith of which We have
      signed this ratification with Our own hand, and have affixed thereto the
      great seal of Our Kingdom. Given at Our Palace at Honolulu, this
      nineteenth day of August, in the Year of our Lord, One Thousand Eight
      Hundred and Fifty, and in the twenty-fifth of Our reign.
      [SEAL]!! KAMEHAMEHA
      KEONI ANA. 
      By the King and the Premier. R.C. WYLLIE, Minister of Foreign
      Relations
      EXCHANGE OF RATIFICATIONS.--We, the undersigned, Robert
      Crichton Wyllie, Minister of Foreign Relations of His Majesty the King
      of the Hawaiian Islands, and Charles Bunker, Consul of the United States
      for Lahaina, having been authorized by our respective Governments to
      exchange the ratifications of the Treaty of Friendship, Commerce and
      Navigation between His Hawaiian Majesty and the United States,
      concluded and signed at Washington, on the twentieth day of December,
      one thousand eight hundred and forty-nine, certify: That we have this
      day met for that purpose, and, after comparing the said ratifications each
      with the other, and both with the original of said Treaty, have effected
      the exchange accordingly. In witness, thereof, we have signed this
      certificate, at Honolulu, this twenty-fourth day of August, one thousand
      eight hundred and fifty, and have thereunto affixed our respective seals

      [L.S.] R.C. WYLLIE
      [L.S.] CHARLES BUNKER

       https://www.youtube.com/watch?v=wD1NsnYeLdU

This reply was deleted.