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HONOLULU, SEPTEMBER 11, 1858
f)f Friendship. Commerce and Xaviation, beltcetn
i V .. I flf r- -.l. tr i
and his Majesty Kamehameha IV., King of the
Is THE NAME OF THE MoST IIoLT TrIXITT.
Pn itiovs of commerce having been e-tahlished.
several years ago, between France and the Sand
wich Islands, it has been considered useful to
regulate these relations, to favor their develop-
merit and to prpeiuaie ineir duration, bj a
treaty of friendship, commerce and navigation
f mniied on the common interests of the two
uite?, and ouch as to secure the enjoyment, by
their respective subjects, of equal and reciprocal
In conformity with this principle, and with this
ii!.jpct, they have nominated for their Plenipo
tentiaries, to wit :
His Majesty the Emperor of the French, Monsieur
Lmis Eiuile Perrin, Knight of the Imperial
Order of the Legion of Honor, his Consul and
Commissioner near the Hawaiian Government:
And his Majesty the King of the Sandwich Islands,
liisRoval Highness the Prince Lot Kamehameha.
General Commanding in Chief, his Minister of
the Interior. Acting Minister of Finance, Mem
ber of his Privy Council and of the House of
y.ihles; and Robert tnchton Wylhe, Esquire,
Lis Minister of Foreign Relations, his Secretary
of Jjtate for War and the Navy, Member of his
Privy Council and of the House of Nobles :
Win, having communicited their respective pow
ers, f'umi in due form and order, have agreed to
tLe fallowing articles :
There shall be constant peace and perpetual
friendship !etween his Majesty the Emperor of the
French, his heirs and successors, on the one part,
an his Majesty the King of the Sandwich Islands,
his heirs and successors, on the other part, and be-Ue-
n the subjects of the two States, without ex
cej ting persons or places.
There shall be reciprocal liberty of commerce
between all the territories of the French empire,
in Europe, and those of the Hawaiian Islands.
Tln-'ir respective subjects shall have entire liberty
to enter with their ships and carries, in all the
ilaces, ports and rivers of the two Suites, which
re or may lie opened to foreign commerce.
Hii v shall have liberty to trade I rum place to
rUee, under the provisions of the laws, to dis
charge there, in all or in part, the cargoes by them
rted irom abroad, and, thereafter, to lay in
their return cargoes ; but they shall n.t have li!
trtv there to discharge the merchandise which they
have received froin another port of the same
;i:Ute, or, in other words, to carry on the coasting
arade, which remains exclusively reserved to the
They 6liall have liberty, in their respective ter
jrit Ties, to travel, or resi le, trad; by wholesale or
Retail, as native subjects, to establish tlic-iun-lves
wherever they may think it suitable for their in
terests, to hire anj occupy the houses, stores and
!m.j s which may Iks necessary to them, to effect
ill" transmission of goods and money and to re
vive consignments, to ite admissible as bandsmen
"it the custom houses, after they shall have been
tstaUished more than one year in their places of
V-sidence, within either of the two States, and af
t :x that the real estate which they may there pos
s?ss shall aft.rd a sufficient guaranty.
They 6hall be at entire liberty to conduct their
Jbasinefcs themselves, and especially to present in
tl;e custom houses their own declarations, or tube
'represented when thev find it convenient by a fac-
Itjr. agent, consignee or interpreter, without hav
ing, as foreigners, to pay any extra charge or
pecuniary allowance. They shall have the right
t't bv and to sell of and to whom they please.
J without any monopoly, ontract or exclusive priv-
liege oi Sale or purenase, prejudicing or n-MncuMg
in any manner whatever tlnrir li'iertv in this re
pect." Ti.ey shall be equally free, in ail their pur
cuas as well as in all their oales, to fix the price
uf tht-ir goods, merchandise and objects of evcry
kind, bjth imported and destined for exportation,
l mg as they comply with the laws and regula
tions ot the country.
Finally, tliey shall not be subjected in any of the
sCresaid" cases, to other charges, taxes or imposts
fA the custom houses than those to which native
Buhjectg are subjected.
It is agreed that documei ts presented by French
Euhj.;et in their own language iliull le admitted
in every case in which documents in the English
language nmy be admitted, and the business to
which the documents drawn up in said language
ruuv relate shall be dispatched with the same god
faith and care ; but whenever a translation is pre
sented about the accuracy of which a diff rence
nuy arise, the same shall be referred to the French
Cuiisul for his revision and certificate of approval.
Their respective subjects shall enjoy, in both
States, h constant ai d complete protection f',r their
p-rn-ms and properties. They shall, consequently,
have free and easy access to the tribunals of justice,
in j Tosecution and defence of their riglits, in every
instance, and in all the degrees of jurisdiction es
tablished by Cite law. They shall Iw at liberty to
employ, n A circumstances, the advocates, Bolitv
it irs or agents of every class that they may think
I' fer ; in fine, they shall enjoy, in all these re
spects, the same rights and privileges which are or
may be granted to native subjects.
They shall, besides, be exempt from all personal
service, whether in the army or the navy, in n i
ti.itml guards or militia, as also from every war
tax, forced loan, requisition or military service,
whatever it may be, and, in every other wise, they
s'lal! not le subj.fted, whether as regards their
lrmal property or real estate, to other cbarg-s
or imposts than those to which the natives theui-
lves,r the subjects or citizens of the most favor
ed nation, without exception, shall lie .hjoctcd.
Hawaiian subjects shall enjoy in ail the posses
sions and colonies of France the same rights, priv-il-K'
s, and the t-anie liberty of commerce and
""ligation which are actually en joy cd or may le
enjoyed by tin most favored nation ; and. recip'o
CuJ!J. the French inhabitants of the possessions
ad colonies of France shall enjoy, in all their ex
tetihiun, the same rights, privileges, and the same
lilerty of commerce and navigation which, by thi
treaty, are accorded in the II iwaiian Islands to the
'eticli in regard to thir commerce and navigation.
. French subjects shall not be disturbed or troubled
n any way in the Hawaiian Islands on account of
Minion ; they shall enjoy, on the contrary, in the
T uhlic or private exercise of their worship, entire
liberty of conscience and all the guarantees, rights
"1 protection now ensured or that may be here
after ensured to native subjects and the subjects or
citizens of the most favored nation
Hawaiian subjects shall enjoy, in France, in re-
wd to religion, the same rights, guarantees, lib
erty and pr. tection.
Tl e subjects of the two countries shall he free to
cquire and possess real estate, and to dispose, , as
v suit them, by sale, donation, exchange, will,
J r in anv other wav whatever, of all the i.ro'Tty
I which they may possess in the respective territo-
iei ; aigu the ubjecU of either of the two Suua
who may become heirs of property situated in the
other, may succeed without hindrance to those of
said properties which may devolve upon them even
ab entestato, and dispose of them according to their
pleasure ; and the said heirs or legatees shall not
be subjected to any charges of transfer or deduc
tion, and shall not be bound to pay any expenses
--v.tDiuu ur outers nigner than those which
shall be borne, in like cases, by the natives them
selves. ARTICLE VII.
If (which God forbid!) the peace between the
two contracting parties come to be broken, there
shall 1 granted, on botli sides, to the subjects of
each of the two contracting parties, a term of one
year to settle their affairs and to dispose of their
property, and, moreover, a safe mnWt ha
delivered to them to embark in such ports as they
may voluntarily indicate.
All other Frenchmen or Ilawaiians having a fixed
or permanent establishment in the res pectiveS tales,
for the exercise of any profession or occupation,
whatever it may be. shall be allowed to preserve
their establishments and to continue their profes
sion without being disturlied in any manner what
ever, and they shall continue in the full and entire
possession of their liberty and their property so
long as they shall commit no offence ugainst the
laws of the country. Finally, their property or
goods, of whatever nature they may be, shall not
be subjected to any seizure or sequestration, nor to
other charges and imposts than those exacted Irom
Likewise the monies which may be due to them
by private individuals, or which they may possess,
in the public funds, in banks, in manufacturing
and commercial companies, shall never be seized,
sequestered or confiscated.
French commerce in the Hawaiian Islands, and
Hawaiian commerce in France, shall be treated,
in regard to custom house duties, both for import
ation and exportation, as that of the most favored
In any case the import duties imposed in France
upon the products of the soil or of the indusiry of
the Hawaiian Islands, and in those Islands upon
the products of the soil or of the industry of France,
shall not be other or higher than those to which
tho same products of the most favored nation are
or may be subjected. The same shall be observed
in regard to duties on exportation.
No prohibition or restriction of importation or
exportation shall take place, in the reciprocal t ade
of the two countries, which shall not be equally
extended to all other nations, and the formalities
which may be required to authenticate the origin
or the process of tlie jroods respectively imported
into either of the two States, shall be equally coin
nion to all other nations.
All the products of the soil and of the industry
of eit her of the two countries, the importation of
which is not expressly prohibited, bliall pay in the
ports of the other the same duties of importation,
whether they be laden on board of French or Ha
waiian vessels. Also, the products exported shall
pay the same duties an I enjoy the same franchises,
allowances and drawbacks of duties which are or
may be reserved to the exportation made in na
tional vessels, excepting, however, from the tore
going reservation all special privileges and en
couragements granted or to be granted in either
of the two countries to their national fisheries.
AR 1TCLE X.
It is agreed :
1. That the importation and the sa'e of wines
and brandies of French origin shall not be prohib
ited in the Hawaiian Islan - s.
'2. That the rate of duties imposed in Hawaiian
ports on the importation of wines of French origin,
namely, those known as wines of" cargaison " in
casks and in cases, shall not exceed, dunu; i lie
existence of the preent treaty, the rate of 5 per
cent, on the value, the invoice cost to serve as Ihe
batis of appraisement, agreeably to the Hawaiian
law of April 2th, I84G.
3. That the rate oi duties on French wines of
higher quality, but under 13 per cent, of alcoholic
strength, shall not, during the same period, t-x
ceed that of fifteen per cent, ad valorem.
4. That the rate of duties imposed upon brandies
of French origin, shall not exceed, during the same
period, three dollars, as a maximum, on the gallon
such as defined by the Il iwanan law of April 27th.
I84G, 3d part, 4lh Chapter, Article 2d, page ld7.
5. There shall not be added, in any case, t th
duties on wines and brandies herein specified any
i xtra charge of customs or navigation, or any oth
er charge, whatever its title may be.
It is understood that nothing in this article
shall prohibit the imposition of tonuag.! dues ny
the Hawaiian Government, on the total amount oi
foreign and national navigation.
French vessels arriving in the ports of the Ha
waiian Islands or departing from them, and Ha
waiian vessels on their entrance to or dep irture
from the -oris of France, shall not bo subjected to
other or big .er duties of tonnage, light-houses, an
chorage, Jtort, government wharfage, pilotige,
quarantine or others, under any denomination
whatever it may be, affecting the hull ol the ves
sel, than those to which the Vessel of the most fa
vored nation ure or may be subjected.
French vessels in the Hawaiian Islands, and
Hawaiian vessels in France, may discharge a part
of their cargo in the port which they may first en
ter, and repair, afterwards, with the rest of the
same cargo to other ports of the sam : StaUj, wheth
er it be to complete toe discharge f their orgo
imjNirted, or to compl -te the lading of their return
car" , they not aying in each rt other or high
er ?uties than those which national vessels pay in
Whenever in consequence of a forced putting
into ort or proved average, the vessels of either
o! the two contracting powers shall enter the prts
of the wt':er or touch upon its coast, they s'lall
not be subjected to any duties of navi ation,
under any denomination under which these duties
may be resj-ctively established, except the duties
of pilotage and others representing the payment
of the services rendered by private exertions, pr.i
vided that the vase Is shall not engage in any oper
ation of trade, whether in loading or in discharg
ing g'ods. Tney shall bd allowed to deposit on
shore the good composing their earg-.es to prevent
their destruction, and no other charges shall be ex
acted of them than th.e which relate to the hir
ing of stores and public workshops which may be
necessary lor the derail of the g.ls and the re
pairs of" the damages of the vessels.
Vessels constructed in France, or nationalize
according to the laws of that country, shall be en
sidervd to-be French vessels, provided always thai
the captain and three-fourths of the cr-w b t rencti.
The owner or the owners of the said vessels shall
have to .rove the same nationality only in the same
i.rotKjrtions as required by the French laws.
I:i like manner all the v. t U constructed within
the territory of the Hawaiian Islands, or national
ize agreeably to Hawaiian laws, shall be consid
ered Hawaiian vessels, provided ul ways that the cap
tain and three-fourths of the crew oe
The owner T the owners of the said v -smds shall
have to prove the same nationality only in the Ham
protHjrtiwns as those required by the Hawaiiau
It is besides agreed that every French or Hawaii
an vessel, in order to enjoy, under the alove con
ditions, the privilege of its nationality, shall Ik
furnished with a passport, license to sail, or regis
ter, the form of which shall be reciprocally com
municated, and which being certified by the au
thorities competent to deliver the same shall show :
1. The name, th profession and the residence
in France, or in the Hawaiian Islands, of the own
er, expressing therein that he is the only owner,
or if there are several owners, stating their num
ber and what share each of them possesses.
2. The name, the dimensions, the burden, and
in short all the peculiarities of the vessel which
may distinguish her as well as establish her nation
ality. In case of any doubt in regard to that na
tionality, that of the owner, of the captain and of
the crew, the consuls or consular agents of either of
the two countries to which the vessel may be des
tined shall have the right to require authentic proofs
before vising the papers on board, but this to be
without any expence to the vessel.
If experi .nee should hereafter demonstrate that
the interests of the navigation of either of the two
contracting parties suffer by the tenor of thepresent
article, they reserve to themselves to make therein
in common accord the modifications which may ap
pear to them convenient.
The vessels of war, the steam vessels belonging
to the State, the packet boats engaged in the pos
tal service, and the French whaling vessels, shall
have free access to the Hawaiian ports of Hana
lei, Honolulu, Lahaina, Ililo, Kawaihae, Keatake
kua, and Koloa ; they shall have liberty to stay
there to make repairs and to reiresh their crews;
they may also pnceed Irom one port to another of
said ports of the Hawaiian Islands with the view
of there procuring fresh proviious.
In all the ports specified in the present article,
as well as in all those which may ins herealter
opened to foreign vessels, the vessels of war, steam
Vessels belonging to the State, the packet boats en
gaged in the postal service and the French whale
ships shall be subjected to the name rules as are
or may be uupos. d on. and shall enj y in all res
pects the same rights, privileges and immunities
which are or may lie granted to the same Hawaiian
vessels and whaleships, or to those of the most fa
Consuls and vice-consuls ol each of the two coun
tries may be established in the other, lor the pro
tection uf comim ree. but those, ag-nts shall not
enter uiton their functions without having obtain
ed the txequalur of the territorial goveriiue-iit.
The latter shall U-sides prese ve their riht to
determine the localities in which it may suit it to
admitcoiisuls.it being well uod-rstood thai, in
this respect the two governments shall not off- r
respectively any restriction which, in their coun
try, may not be coinuinn to nil nations.
The respective consuls and v.ce-con-uls, its well
as eleves consuls," chancellors or secretaries at
tached to their mission, shall enjoy, in the two
countries, the privileges generally allowed to their
office, such as the exemption from the billet of
soldiers and that from ail direct contributions as
well personal as on moveables, or siunptuaty, un
less always they he subjects of the country, or
that they become -uther proprietors or possessors
of real estate, or, finally, that the) engage in trade
or commerce, whereby I hey will be subjected to
the same taxes, charges, or imposts, as other pri
vate individuals. These agents shall enjoy, be
sides, all the other privih eH, exemptions and im
munities which may be granted m the places of
their residence tthe nsentg of the same rank of
the most favored nation.
Neither consuls, vice-comml, nor their eleves,"
chancellors or secretaries, provided liny are it -f
engaged in business ol any sort, but exclusively
confioe themselves to the fulfilment im their public
duties, shall he subjected to appear as witnesses
before the tribunals. Wle n Hie juntice ol the
country sh ill hi ve need lo tike any judicial de
cl at on, on their put. it oiioht to r. quire it of
Ih m n writing, or to proceed to their domicile to
re ice it rica roct.
In case of the death, indisposition or abscence
of the consuls or vice-consuls, the chancellors or
secretaries hali enjoy ihe perfect rijrhf of bem
admitted to m in.ige, ail interim, the atfiirs of the
consular e-tibiisliment, without h n.lratice or ob
stacle on the part of the local authorities, which,
on the contrary, shall give llieui, in th it c ise, ev
ery aid and assistance ; and they pIii'I enjoy, du
ring the period of their provisional management,
ail the rights, privileges and immunities .-tljinl.iteii,
in the pres nt convention, iu favor of consuls and
To sii:ure the execution of the paragraph
wh ch precedes, it is agreed that the chiefs of the
consular offices, on their arrival in the country of
their resilience, shall send to the Government a
list of ihe names of the persons attached to th-ir
mission, ai d if any change should therein after
wards be made, they shall in like manner give no
tice of the same.
The archives and, in genera!, all the papers of
the offices of the chancellois of ihe respective con
sul ales, shall be inviolable, and, under no pretext,
nor in any case whoever, shall they be seized or
examined by the local authorities. -
The respective consuls shall he free to establish
Consular agents or v:o--coiimiIs in the il.tT. renl
towns, ports and places within lle'ir consular juris
diction, where ihe good of the oervice confided to
I hem all tit require it; it being well mulerstood
that they shait first obtain the approval and the
txtyuiitur ol toe territorial govern nent.
1 h -se agents in iv be indiscriminately chosen
from among tiie subjects ol the two coiiuli i- s, as
well as from anions loieloner-, and sh .li be lur
lllsli d with a eoin iil-sion delivered by the Coli-lH
who shall have n ulled lie in and under w . use or
ders I hey imy he placed. They shall enjoy, be
sides He same privileges and immunities slij.ii.a
ted for by I la- XVIIlu Article of lue om-.m-im con
veiilion, suhj'-ci lo the exc plums mentioned in
the first piragr.ipli uf ihe s.id uiicle.
The respective consuls, on Ihe death of their
fellow countrymen deceased without havinj- ihade
w ills, or designated any testamentary ex cutois.
-li ill h ive power :
1. To affix s -ills, whether offietallv oral the re
quest of the parties interested, upon the moveable
effects mid Ihe pipers of the deceased, jjiving, be
forehand, notice of th it oertiou to the compe
tent local authorities, who may thereat attend, and
who. also, if thev think proper, m-iy cross, with
their seals, those which shall have been affiix -d by
the consuls, and th u those double seals sh H not
be removed except in concert
2. Als to draw up, in th presence of the comjie-t-nt
authorities of me country, if they think it lo
be their duty to present themselves on the sj-ot,
the inventory of the estate.
3. To cause proceedings to take pine. Hccord
in to the usages of the country for the sale ot the
moveable goods Udonging lo the estate; in fine, to
administer or liquidate. rmiiully or to name-,
under their resonsi!'iliiy, n agent to administer
and liqui late tin said estate, without my inter
ference'by the local authorities, in these new oper-
But tbn said Consul- sSiU be ImuikI to cause to
h- announced the death of the deceased, in on.- of
ta gaMtle wLich may be published witUiu tus
.-oinp:iss oi their jurisdiction ; and they shall not
have power to make a delivery of the estatp, or of
its proceeds, to the lawful heirs, r to their man
d itories. except after having paid all the debts
which the deceased may have contracted in the
country, or until one year shall have transpired
from the date of the death, without any reclama
tion having been presented ugainst the estate.
In everything that concerns the police of tin
port, the lading and discharging of vessels, the
s-tiety of merchandise, projx-rty and good, t e sub
jects of the two countries shall Is respectively sub
ject to the laws and statutes of the t- rritory. N v
ertheless, the respective consuls shall be exclusive
ly charged with the internal order on hoard of the
merchant vessels of their nation, and shall alone
take cognizance of all the crimes, misdemeanors
and other matters of diflerence, in relation to said
internal order, which may sujiervene l-tweeii the
master, the officers, and the crew, provide the con
tending jiarties be exclusively French or Iliwaiian
subjects, and the local authorities shall not b-- al
lowed therein to interfere, unless by the approval
or consent of the consuls, or in cases where the
public peace and tranquility are disturbed and en
dangered. ARTICLE XXII.
The respective consuls s all have power to cause
to be arrested and returned, w hetber on board or to
their own country, sailors and all other persons reg
ularly forming part of the crews of the vessels of
their respective nations, bearing any other title
than that of passengers, who shall have deserted
from the said vessels. For this purtMse they shall
apply, in writing, to the competent local authori
ties, and they shall prove ly the exhibition or tin;
register of the vessel, or of the roll of the crew, or, if
the vessel shall have deiarted, by c.-py of the said
document, duly certified by them. Unit the m -n
whom they reclaim made part of the said crew.
When this application is so justified, the return is
not to be ret used. Besides, every aid and assist
ance shall Ih given to tln.-m for tiie search, s -izure
and arrest ol ine said deserters, who shall even U
detained and guarded in the prisons of th . coun
try, on the request and at the expense of the coii
ruls, and till loose aovnts shall hud an opjx.rtuui
ty to send them away. If, however, such an
opportunity suould not present itstll within the
period ol three months, counting troiu the day of
arrest, the deserters shall be placed at liberty, and
shall not be again arrested for the same cause.
It is, moreover, formally agreed that every other
concession or facility tending to r pr ss d sertion
which one of the two contracting parlies may h..ve
granted, or may herealter grant, to another State.
bIi.iII be considered as equally acquired, in full
right, by the other contracting party, in the sane
m.iniii-r as if that cuicssiou or facility hud Imvii
c-X ressly stipulated in the present treaty.
Ill all cases whel'e lln-le shall oe. no objection by
any of tiie owners, ireighters. insurers, or their
resjiective agents, cither in the tort of departure
or ol urriv.il, the inju i- s which tne vi-ss- ls of toe
two countries nuy have experienced al reu, while
on their voyage to tue resjH-ctive juris, the repairs
of sucu injui les shall be regulated hy the Consuls
of their respective nations.
All the operations relative to the salvage of
French Vessels shipiwreckd or strand-d upon the
coasts of the Hawaiian islands, shall bu directed
by the consuls ol France, and, reciprocally , the
Hawaiian consuls shall direct tie- operations rela
tive to the salvage of the vess- N -i their nation
shipwrecked or stranded on the u;.sts ol Fnncc.
lue I aj.il authorities shall only Intel h r -, in ihu
two countries., to preserve order, lo secure the in
terests -if the buivols, it lh-y do not lief lig to the
siiipwi'ccki d cu w, uiid to carry into i ff- ct the r g
Ulalioiis to lie observe lor tue entry and the ejk-j-irt.itloii
of the merchandisi! saveU In the ab
seiice ol, and until the arrival d the consul or vice
consul, the local uutlmri ies shall, moreover, take
alt necessary measures fur the protection ! iudi-viiiu-.ls,
ai.u toe pr- s -rvatiou ol goods shipwiei k d.
I'.ie go-ids s..vd s-.ull not Is? su jecl--d to any
custom house duties, unt -.-s they tie entered tor in
Tin- ciiarg-s lor salvage and other necessary ex
penses, iu toe two colliiili- s, shall in-t le tin r or
igii- r than those which may bu uid iii like cases,
ley naliollal Vessels.
It is formally agreed b tween the two contracting
(..rues, titat b sides, the pr-cediiie. stij uiaiioi-s,
the diplomatic and consular agents, the su'-jects -!
every class, the ships, the c.irgn. s and ti.e mer
chandise oi cither ol ti.e two Slates, .--hall enjoy in
lull right. Hi the other, the Ir.ihchires, j riv ib ges
uhd immunities of every kind, granted to, or which
may be herealter grauttd iu luvor of the ui 'St
lavored nation, and this, gratuitously, if the con
cession be gratuitous, or with the sauie compensa
tion, il ihe coiices-ioii bo conditional.
It is s-eci.illy sti u la ted that lb j-istal arrange
liieiils concluded, in Honolulu, m the 24th ol .i
veuiicr, lr53. ui.d wnich regiil.de the exchange
ot correspondence, iietwi eu the Society 'sl inds ainl
the Hawaiian archiielago, tilid rcci ToCally , s. ull
be maintained, and that the two contracting par
lies reserve lo tneiuselvi s only the rieht ol luoiliiy
ing the details thereof, iu the rojHirtiun aim
measure that htieuiti r necessity may point out.
The pr-s-nt tuaiy shall Is- in h.rce for tin years
counting In an the il.iy ol the xchange ol ihe ra.i
ticalioiis, ami it, n one yeai beioie Hie x iratioii
of i his term, nellli i ihe one Inn the oh r of the
iwn cohtiui ting padu s ni lioUi.ee by an official
declaration its intention I hit it hull cease to h.ve
ff-ct, the said tieatv w II remain still i-bhg.itoiy
durilio one v ear. and so onuunis uiitil the expira
tion ol ihe twelve months which shall follow the
fficril declaration in question, at whaliver time
II may be in ide.
II is well umh-istnod that III case th S (b clara
lion come to be in oh- by out- or other ol ihe con
iractinu p-nies. ih piovi-ioi.s im liietriutt, i l.i
tive to ti.uh- ami iiiiVio.it. tm, ii ud contained in tin
a rue l-s i, 1U, II, 12, 13, 14 nu.l 24. sh.ll be
alolle I o.-slilelcd as ll-VIIIJ C" used and Xpifetl.
but that, in regard lo ihe oilier articles, ihe si;d
treaty shall n inaiii, lieveiiheless. peip. tnally ob-tio;t-ory,
and cannot be iii"d;fi d exci pt by a i. u
lo.il agreement hetwecn the two contracting par
ties. ARTICLE XXVII.
The present treaty shall be r.itifnd. nutl ihe
r.i 1 1 tic a uons exchanged, al llotioiu u. iilmi tin
teim of ten months or sooner, it iossibie, and il
siia.l not jfo into ff ct until nlier twelve months
from the di.te ot said ixcb.mge.
III al ill ol which ihe befoii- unmet Ibemp tell
li.iries II Ve sign- d Ihe suillt- aim have affixeil their
r:-si ciive Seals.
Don-- 3i tl- noiulii this twenty-ninth day of
Octobei, in tin year ol t in L--mI, lto7.
(Signed.) (Squill.) (.Mgl.eo.)
Km. Ferris. L. K?-liiamh, R C UtLi.it.
Seal J S- al Si ad.
(.4' T'f'fhdum )
Whereas, it is contended tluit a lit ral construc
tion of the fi-r-golng treaty would ahr-galt the
laws id the II w.iii .ii kingdom. y w!.ie';tf - n tail
tralfic in liipioM is ci-nf mil to II m.lulu it is her -by
declared, with a view to the cxpicssi not the
Uuw meaning aud iut- ulioii ol tLt iiCulilwi, lLat
the right of municipal regulation in regard to such
trade, on the part of the Government of said king
dom, is hereby recognized.
And whereas, the Third Article of said treaty is
founded on the preference given by law to the
English language nrer the French language in the
Custom House, it is agreed that France will cease
to claim the privilege established by that article
as soon as such leg.il preference is utiolishcd by the
It is understood that the exemption accorded to
consuls in the 17th Article of the foregoing treaty
is to extend only to their appearance in courts of
justice us witness -s, and not to their liability us
parties, in conformity with the existing law of
Aud it is further understood and agree that the
power of administration upon intestate estates
given to consuls by the foregoing treaty, shall only
extend to consuls not engage in business, and shall
not lie construed to preclude the light of the local
tribunals to lecide all questions i.C testu-y or in
testacy, and to entertain app- uls relating to such
administration fr -in parties c msid ring thetus -Ives
aggrieved by the decision of the consul or his au
And it is further declared and :igre that the
14th Article in the aforesaid treaty shall Im- under
stood in the sense that all vess. Is rei-ognize as
French vessels by the law ol France shall lie con
sidered to be French vessels in the inrts of the
Hawaiian kingdom, and all Hawaiian vessels re
cognized ns such hy the Hawaiian laws shall lie
consider d Hawaiian vessels in the ports of France
ami Iut possessions.
IIonoliix. 4th September. 18oH.
(Signd.) ("Sig'-e,) (Signed.)
Em. Pekrin, L. K.vmeii.vxkii -, R C. U'vlue.
Seal. S-..1. Seal.
Resolitiov of the Privy Council.
Whereas, the- Addition il Arti- I to ihe treaty
between bis M -j'-sty the Kin of the Hawaiian
Islands, and his Imperial M -j-sty the Emneror of
the French, concluded on the 2Ibh of October,
1 857. proposed by his Hawaiian M-j-stynnd his
Cabinet lo the Plenipotentiary of France, h is been
accepteit by saitl Plenipotentiary ad ntrendnai :
And wh' na. t'lesiid Additional Article obvntetf
many of the object inns which have hitherto pre
vented this Council from advising his M jesty the
Kin-. to ratify s-iid treaty :
'Vh-rifiir', hi- it ris-lrd. That this Council ?
.n-iw, in the discharge of tsdniy under Ihe (Ton
"titiiti'-n respectfully advis- Ins .I.ij.-sty the Kin;
to ratify th t eaty signed al 1 1 noiulii by Ins Pleni
potentiaries, and by the Pb-nijiot-'nti iry of his
Mij'-sty the Emperor of the French, mi M;" thh of
October, lW7.snbj.it however xt:r-s-dy to rh-
provisions and -!tiiti!atious coni-iin-d m si id Addi
tional Article, to stand as an integral part til m.iiiI
treaty, which said Additi m il Aitirie is in the
word and figures following, to wit :
(S A-Additional Article" afhtrr.)
A true copy ot a R-soliirioii piss.-d in th
Privv Council on Thursday, S -ptember
CU.VRLES (lORD iX HoPKI.NS.
Secieiary pru lent.
WF.nF.soY. M Sep'emb-r, I8."8. Pr-S'-nt:
H. R. 11. Prince Kaiii' li.iineh i. M. Km. Pt rrin, M.
R. C Wyllie. M. C. dt n ignv
'I he session win openetl at II A. M.
The French Plenipotentiary open- d the confer
ence bv stating that on the inoriiuig of tin- 'lOih of
August. Mr. Wyliie hid rqu-std certain expla
nations required by th ohj -c'i"iis of the Privy
Council upon sever il points of tin 'I'reatv negoti
ated ami signed at I ionoliilu, October ".'. I H.17,
ami mtifi-d by bis .M -jesiy the Kmpemr of lie
French on the iitith of March I Kit?, to ail winch
Mr. Perrin bad specific d.y respon.leil, lo the full
Xteni of his powers and mstiiict ons.
These questions aiul answers are aim- X( d lo the
pn-selit proti-col. marked Nos. I and 'J.
Mr. Pernii nihil d iluH n the ii 1st of the s-niie
month. Aioi.sieur th Minister of Foreign Affairs
bad iii itb" officially knotvn to him the advice (l tin
Prvy Cetiticil to his .Mij -sty King Kamelcim-h t
IV lo n fus- his ral.fii i.tion (see (liM liioeii t No. 'I )
and the pro-msal iir-de in tin- limn of Ihe lliw-io-an
(iov-'i iiui- nt of an Aoditiooal Article to the
I'reatv above nient ioii d. so framed as to remove
tin- i.lijfe t i.ns of the saitl Council.
On the t2d uisiaul Mr. Peri in officii I ly udnitted
the p-npos: so mini'', and accepted lie- siid arttt I
ud T'fertndum (See document No 4 )
In the afternoon of the same day, .Mr. Wyliie
officially con ii.uincated lo Mr. IVirin the termsof
a n w Resn'utioii of the Privy Council advising
King Kaineh.lineba IV, ill view of lie- acceptance
by tin- Fiench Plenipoleiiliaiy of ihe Additional
Article annexed to sunt Resolution, lo give a con
ditional ratification to the Treaty a'mve mentioned.
(See document No. 5.)
On the following day. the 3d September, M.
Perrin, w bile officii. lly ackimwl dging r reipt of
the note of the day beln-e. which had just reach
id him, m Iiisi tl to ace pt tie R-solution w hich
had been made known to bun, nutl rep-nied I d-i l in
consider;. lion - f the Additional AiUcle ad r-Jr'ii-iiy
in, be had always asked a lal ificu'ion In I ami
On ih-- evening of the same day the King of the
llavvai an l-l iiiils i-ul sent lo ih-- Ph. ipoli nit try
ot his In. pi Hal M-j sty. by ibe Imiils ef hi-t Min
ister of Finance. Mr. Gregg, n written mrs-sage
invitiug h in to call at the Palace n-.xt day in the
Dimnth -t intetview uf several hours, expla
n lions, ns frank ami hoiuiiahle us rnmj b te, were
Xcllnied lirtviei his li iwaiuin Mi.ji-sty lil.il he
Kr i ch Pleiiipoientiaiy ; tin King himself reca--'tui:
ti d the oiibstat.ee i tliu il g to the foijn ot nn
amicilib transaction which Mr. Perrin did not
' ' si ..te to accept, ill ortler to give a new proof of
his i.ib lit ibsir lo roniribnte by every nieuii-t to
tfie irauqiid'iz itioll of ihe col.fl-cllng f.i-lnig
wh'fh bad bei li nised. Tiie s;ltl ilm iimei.i all
'ts luri'f, on both sides, an. I h -iiorab'y cm!' rs ihhI,
i- h re repioduci d, and is word for word a.-follow
i is ngreetl m. I dist-ne lr iimb-rsim-d by th
iill'l rsliin d P i mp ti-etlaries. that ' lie riliilc'.lloii
f Ihe K n- of the Haw mm Islands, now- b-ing
Xclclied with that of the Fmpeioi of ihe French,
iii full aiul tinqinl li !. upon all the points ami ar
ticb s. cntita lietl u: ihe I H-a'y Concluded oil the
'.Itlfl ol Oc'.ol Pi', P.")7. not i-liihoilltO Iii Ihe Addi
tional Aitide pn pan (! ! V the H itii.;n Pl-nHi-lenii
.ri-s anil ace pt- d by the PI. nip.. t- ntimy of
Fr.nei , ad rjr m-uin ; and il is forth-rund- r-i-od
lid igieed lll-.l tie King el the I la nraiiaii I-i -lids
resetvi Ins lights of ul'imate r tifi- ation itpaiu all
ilmse joints coiitaned in the afor-s nil pioosed
Additional Aiticle. Hoi.oliitii.4ib Sept.. 1H."8.''
It is .it this situation and in faith of this agree
ment iloil ibe undersigned Pu ni.oi uti iries have
Micca ssive y - i5x-d lluir sirn-ilu es and seals:
I si 'In six e.l' s ol le Atiititiotiil Allele
ajre tl upon, mz: two in French, two in II inanaii.
I ll im. ii. Engii-b. the latter :.S 1 I r . Isl . linn.
See ibx-iuiii ills Nos. li. 7 ami i?.)
yd. To three replen nl the so'iri- n -bovi iin li-
I. i lull " li n l y the king b ni-eiT. i-l the 4 11 ili-t..
lothe d fiii nil es r nsi d by tin- Rest.ln--en nd -pted
1. 1 the P.-:vv i oiincil on the 'id m.-tai.t (. doc
iiiiii lit N-. if )
liav.lig tillshcd this X pi it ion. Ihe II !ltJ-r. i u II d
Pleiiipoti lit aric pr:ced. d to rompire the three
new t XiS of tie tr-rity ot filh Octolier. C".7,
coined bv the liawaii (jovenuiient. in French,
in llawaicni ami in F.ii."il!i. the - b msr U
iranaialiou, -ua havii.- found He iu to co ipoiid
exactly with the originals, the exclmne of the
ratifications of K ng Kamehameha IV, to the three
texts above mentioned, for the French text mtifie
by the Emperor of the tr-ity of friendship, com
merce and navigation concluded in Honolulu on
the 2ith of October. Ir3"7, between their said
M ijestie?, was immediately effected.
The undersigned Plenipotentiaries then dec la rod
that if the ajth Article of the Treaty above m-n-tioned
stipulated that the said Convention would
remain in force during ten y ars, counting from
the day of the i xchange of ratifies! ions, the 27th
Article of the same compact, after a subsequent
discussion, decided neve thelpss that in-conformity
with th 7th Article of the Treaty cmic'ude be
tween D -mark and the Hawaiian Islands, on the
l!th October, 184i. lh Treaty, the ratifications of
which are now exchanged, shall not gi into tffect
u .til twelve months elapse after ihe date of the
saitl exchange; and that if is only counting fmtn
the last term, that is to say after the date ef the
exchange, tliaf tin period of ten years stipulated
forin Article tjth will commence to run.
Fu ally, the undersigned agreed to fix upon to
1 morrow as the day for the pub. cation of the Treaty
of 'ilfth October, lt?37 in the official journal, the
j Tin meeting r-losed nt 12 noon, and the Plenipo-
I tOllfl-iriOO M A I. . n... I m . .. ,1.
(Signed.) (Sigin-d.) (Signad.)
Em Perrix, L. Kamehameha, R. C Wyllik.
Seal. S-al. Seal.
IIOUSKS, LANDS, k(
TO B SOLD OR LET.
rTH.T COVIVtiVDlofS AND CAPlCIOt S STORE AND PREM
1 ixes t a IIm? Kaslrrn curticr ul Kili noil Maun kra Strrel,
held l.y a lens :or five rar3. Mil.jtct to a nui ol f 9 pr
uuutli. Appiy to " 1-i-n JolIX MONTOOV1EKV.
For Sale or to Let.
Art SEVERAL FI.HilBl.E Itl ll.lUNt.S AXD HOl'SE LOTS ,
' M situalnl ii did't rcnl purls of Mnnua Ke Mrnrt, ll.uinlulu.
Terms v-;ry nitxlt-rate. Fur iliforination, rtc Hl-l-i V to
11-tf J. W. MAKSI1.
f'Olt S LI OIC H KM !
'1MIE ')-VI. SIORB U.N TIIE I 'OR . K.R OF MER
1 cl.ant ami kaahunuiiiu slreei. mt upiinl l-y Dr. McK'libin.
l'..Kt-s.-Mi ;iven on the first o: Auiru-t nxt. The pretiiis s art?
.(.. hy -j: f. t-t. ami be e icluxr.l if ilt-si.eii, anil t'le house pat
in piw.ll onl-r.
If so.il the term will h m.vl? ea-y. Eiiquire of
H.Mn.lu'u. July -.'rtili, tsj-i. l-lif ASIIER B. BATt3.
Fr Sale, or to Let -or tue Season, witii the
- THE TWO-STORY HOl'SE SITUATED O.N KING ST.,
beiuir the M line llutc'. It c-iituiili 13 room. w-U fur-
! ! ni-lit-l, witli t O'.-lluue, Pantty, Store-Ko-tii, Jtr. For
particular, app'y at the SAILOKS' HOME.
Furnished Rooms to Let. I-l-tf
TtiBFF PnriMvn rrTTc siti-atftv
jp-ffi l' on the corner of Richard and Merchant si reel.
yWtfujif tt'- For particulars enijuire oa the premise, of
i'g- Rent moderate. A. DOLSTER.
rv F,,R SALE ONE CARRIAGE HORSE.
f' ? 1. -tf A. BOLSTER.
STORE LOTS )X FaT -TREET, BETWEEN KINO
. i...l 'I tel Mrcet-. E.iq ore ..I A. J. VA KTVV KIG HT.
tome I'lutitalion for sale!
THE CELEHrtATED TITCo.MB foFFEE
Pl.ii.trtii... , 4 llan.iln, Kauai, it i-lf.-reil l..r .ile.
Tli lai d i-l ilie ; l.-nt-'lit-n ri iiiirise- uii nli.(
!i."'l cr, ai-il h iiMn il ft l.tiKI Cf't Trttt.
The I.. mi I-. w ell ;i.U,.i.l t- the cilnv iiii.n i.f
Siter l 'a tie. Tlie estate it iiiienr-iiiiliered, iid
wil. he M.ld hv fee Simple "I it e. For fill p ..ninilir and
term-ol aie,'riiqi-ire .! 7-11' U. VV KIKI.O
T ' rut or l.a.
v t oVifOKTAI.I.K iTT;E t: ITA
Me U.r -m.U lnr.ily. ahxnt i.ne it.ile
tri.m li wn, i .'.naiet V':iry. V pi. nntiil
Mi). l i.l gf vVaier ji I othet r q- iit- in
F..r liir uer prlic.l..r ri q- oe n V e ( remise-,
4 II i. VV R1I lK W .
For Sale cr Leai-e
I'ilAl NE V v.NI . tLIVInniOL'S RETAfl. ST REO
1 VL.-iiMkea treet i.u inu- lha-1 .t-eet. In II -iiel'tlii. late
ly i.rcin.i il by K. II .rT.in.iiu -M. Enqmri-f
VIELC'IE! ', ..r
JO . . .VI..NT;tViERY.
.lf Alerrhant Mrsel.
-ant VALLEY llII: N K F.'R
ILI. BE soli IK APPLIED FOR Soil.N, THAT
W (.le t nit C- tt.iee. vit iated ! Nnua mi Valley, .-w
cit.ie. l.y I'api. J. C-i. a-. iiH-iie Ibe teiaence ul Ur. U. I".
The rutta-fe was buill two je:irs -itice f the bt HiatenaN,
and liiiis. ed i.ile ami tmr oi the Im-i maimer, aad rouuiua
The Parh.r -W I li-J feel-.
Tw . e.l It i.iiii II I teel;
One Bed R. ui l'i X ! feel
flinine nx.m, pai try. ki clien. -i-rvatil- r his, e'ah e and
car iae ln.iie, .ml an almmlant ni, lv i.l i-d water.
I he li.l c-i tain- -li" arie, and title Fee fiiiiph.
'I he prenii- tan m.- einiiinnl al any lime. ii.in a; pltcalHia
lo l ai.l '.lun, and tor particular, apply lo l-ie "
.Slt! A. P. KVERETT.
For Sale cr Lease.
'PHE WEitli'V.N Hiil'SE. ON THE CORN RO KING
1 and ilaui.akea Street, held in lee Enq - -I
j.,f ,Wetrliul M.ei L.
FOE SALE OH T J LET.
'PIIE DWELLING HOl'SE AND PREMISE? Ot'CfPIED l;T
I t.'ie suh-criher, on the corner of Merchant and Alakea Ms.
Pirisiou it:veu immediately.
Ti:, fee i nple. -2-tf
o. m. ttoi!i.:trsiN.
1 ri, i;rv-in.iiii.ci i n..-. - - - '
Wi. street, lately JCCJ.i.il -f William Joi.e. Fo. pstr
V. tidier ait y ' "'I"" ' '-VitRIS,
47-tf tlr on ti.e p emises lo OEll. VVU.LIAMS.
I i V . u kl.
LtiA.M'Wd lt IN sTITK.
1-pO R LET EOI N ' .Wi'-F.KS ' N M I A l
j 1 K nt f-.r tveiy t- riM.in, $-Ji pr bm.iiiIi, jniMen
JJj- A;.p! i..GCiiKi.
VV: T. EL
t I. el,
r.-i... i t-iiu FIVEVK.US OK MORE ON
;p; fe..Hs letern. II. . i .. in -r Lo I OF I. AMI,
ii it . . e l -ii VV .i.i.1 I'i n. (a..j -mi t me I- t H "
j ma-' Sq ire) .nd In I. ti'ina in impie, t,. .Vlr. J.a-pli
F..rier.n in -uhrr ...irti.-.il ir-, iiv'y eter adlre-J
It.. Mil. O.-LKil tlK-K a VI ,.w ins .in--r rj.tri.-i
i i a a-l-1. ii-H-l-ii i
i,ov:s To LLT -FRO.I l PL- WE K APP Y
, H s. Jii:.-tiN. Hmie -rpeMiTf.
O LET SLEEPING Rimis.
Ill ' PIIKEV -arj-n Ireet.
ENUCIRE OF ".R.
To be Sol' or Let.
lAR;i: A D tWVI.Ml'if! RESIIiENf'tJ IN'
i . Vvnamt -ill- . I
t :. ile a l al: in.iii i. n.
i t. V L.i;.tEI..N
'I erni- in m rate. .,
t.ie i. t:c;i: and roMMniiio. s nn
i.l illril in Ihe Vnlli't i-f N-iiian-i. al-Mt '
H.ile- Ir m l..n I tit . te-rupW-i I-) ! "
l.vi-l L ii ers TUr S ve pr.nj i- b- aim.
ti Mv Mt:a'e-l n rine. tr lei. '" ' l,f
truii -ol -h .'e ir.rj anUineer -l lurm It -tl
irh n-nveniences ft.r f mil.
Vl . - It 'eir il tl ab-ve. a r- nn- i !TI-VfJE,
w itli Tar.i Ln.l iu a I tel. -I le ie enov ti r. ! -eral
a- ri - .1 pa-l-irage -i.KI l-r.iWuit "
f r.i-i i.ular- p;-l t