Hawai'i - United States Treaty - 1826Hawaiian Islands Commerce
Articles of arrangement signed at Honolulu, December 23, 1826, Entered into force.
Articles of arrangement made and concluded at Oahu between Thomas ap Catesby Jones appointed by the United States, of one part, and Kauikeouli, King of the Sandwich Islands, and his Guardians, on the other part.
The peace and friendship subsisting between the United States, and their Majesties, the Queen Regent, and Kauikeaouli, King of the Sandwich Islands, and their subjects and people, are hereby confirmed, and declared to be perpetual.
The ships and vessels of the United States ( as well as their Consuls and all other citizens within the territorial jurisdictionl of the Sandwich Islands, together with all their property), shall be inviolably protected against all Enemies of the United States in time of war.
The contracting parties being desirous to avail themselves of the bounties of Devine Providence, by promoting the commerce intercourse and friendship subsisting between the repsective Nations, for the better security of these desirable objects, Their Majesties bind themselves to receive into their Ports and Harbors all ships and vessels of the United States; and to protect, to the utmost of their capacity, all such ships and vessels, their cargoes, officers and crews, so long as they shall behave themselves peacefully, and not infringe the established laws of the land, the citizens of the United States being permitted to trade freely with the poeple of the Sandwich Islands.
Their Majesties do furher agree to extend to the fullest protection, within their control, to all ships and vessels of the Uinted States which may be wrecked on their shores; and to render every assistance in their power to save the wreck and her apparel and cargo: and as a reward for the assistance and protection which the people of the Sandwich Islands shall afford to all such distressed vessels of the United States, they shall be entitled to a salvage, or portion of the property so saved; but such salvage shall, in no case, exceed one third of the value saved; which valuation is to be fixed by a commission of disinterested persons, who shall be chosen equally by the Parties.
[ No Art: 5 found ]
Citizens of the United States, whether resident or transient, engaged in commerce, or trading to the Sandwich Islands, shall be inviolably protected in their lawful pursuits; and shall be allowed to sue for, and recover by judgement, all claims against the subjects of His Majesty The King, according to strict principles of equity, and the acknowledged practice of civilized nations.
Their Majesties do further agree and bind themselves to discountenance and use all practicable means to prevent desertion from all American ships which visit the Sadwich islands; and to that end it shall be made the duty of all Governors, Majistrates, Chiefs of Districts, and all others in authority, to apprehend all deserters; and to deliver them over to the master of the vessel from which they have deserted; and for the apprehension of every such deserter, who shall be delivered over as aforesaid, the master, owner, or agent, shall pay to the person or persons apprehending such deserter, the sum of six dollars, if taken on the side of the island near which the vessel is anchored; but if taken on the opposite side of the Island, the sum shall be twelve dollars, and if taken on any other island, the reward shall be twenty four dollar, and shall be a just charge against the wages of every such deserter.
No tonnage dues or impost shall be exacted of any Citizen of the United States which is not paid by the Citizens or subjects of the nation most favoured in commerce with the Sandwich Island; and the citizens of subjects of the Sandwich Islands shall be allowed to trade with the United States, and her territories, upon principles of equal advantage with the most favoured nation.
Done in council at Honolulu, Island of Waohoo, this 23rd day of December in the year of our Lord 1826.
Thomas AP Catesby Jones.
US TREATY WITH THE HAWAIIAN ISLANDS, DEC. 20, 1849
Treaty signed at Washington December 20, 1849
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:
There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors.
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 of 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 party, 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.
All articles the produce or 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, draw backs, 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 of 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.
No duties of tonnage, harbor, lighthouses, 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.
It 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 state of either contracting party, such navigation and trade being reserved exclusively to national vessels.
Steam vessel of the United States which may be employed by the Government of the said States, in the carrying of their Public Mail across the Pacific Ocean, of 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 be subject in such ports to no duties of tonnage, harbor, lighthouses, quarantine, or other similar duties of whatever nature of under whatever denomination.
The Whaleships of the United States shall have access to the Port 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 chargers for tonnage and harbor dues, further to trade or barter, with the same exception as to spiritous licquors, to the additional amount of one thousand dollars ad valorum, 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 subject of the most favored foreign nation.
They shall so 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 passenger in the said Islands, except at Lahaina and Honolulu; and in all the ports named to this article, the whale ships 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 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 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.
The contracting parties engage, in regard to the personal privileges, that the citizens of the United States of America shall enjoy in the dominion of His Majesty the King of the 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 precaution a police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warships, 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 heir or representatives, being subject or citizens of the other contracting party, shall succeed to their personal goods, whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them, and dispose of same by will, paying to the profit of the respective governments, such dues only as the inhabitants of the country wherein said goods are, shall be subject to pain in like cases. And in case of the absence of the heir and representative, such care shall be taken of 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 aid 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 with draw 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 obligated to pay, under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid , by the subjects or citizens of most favored nations, 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 law 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 engage 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 of their own citizens or subjects, of the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries restively.
The citizen and subjects of each of the two contracting parties shall be free in the state 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 person to act in such capacities, nor shall they be called upon to pay and 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 good or merchandise imported into, or to be exported from the state and dominions of the two contracting parties; save and except generally such case wherein the laws and usages of the country may require the intervention of any special agent in the estate and dominion of the 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, further than such sale may be allowed by the Hawaiian laws.
Each of the two contracting parties may have, in the ports of the other, consul, vice consul, and commercial agent, of their own appointment, who shall enjoy the same privileges and power with those of the most favored nations; but if any such consul shall exercise commerce, they shall be subject to the same law and usage to which the private individuals of their nation are subject in the same place. The said Consul, vice consul, 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 tribunal, judges and officers, and shall in writing demand the said deserters, proving, by the exhibition of the registers of the vessel, the rolls of the crews, or by other official document, that such individual formed part of the crew; and this reclamation being thus substantiated, the offender shall not be refused. Such deserters, when arrested shall be placed at the disposal of the said consul, vice consul, or commercial agents, and may be confined in the public prison, at the request and cost of those who all 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 agent, owners or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities shall be required to take or send away such deserters from the state 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 of 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.
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 of 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 exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction.
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 appurtenance belonging thereunto, and all goods and merchandise which shall be stored with the least possible delay to the proprietors, upon being claimed by them or 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 vice consul, in whose district the wreck may have taken place; and such consul, vice consul, proprietors, or factors, shall pay on 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 of the competent tribunals of the country.
The vessels of either of the two contracting parties which may be forced by 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 substinence 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.
The contracting parties mutually agree to surrender, upon official requisition, to the authority 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 or 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 do charged, that he may be brought before such judge 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 issued 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.
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 dome regular post office of either country, charging thereupon the regular postal rate 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 as 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 in 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 office 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 despatch 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 State with the United States rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall in all cases be prepaid. The respective post office department of the contracting parties shall in their accounts, which are to be justified annually, be credited with all dead letters returned.
The present treaty shall be in force from the date of the exchange of the ratification for the term of ten years, and further, until the and of twelve months after either of the contracting parties all 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.
The present treaty hall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of 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 whereof, 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.
JOHN M. CLAYTON.
TREATY OF RECIPROCITY
BETWEEN THE UNITED STATES OF AMERICA AND THE HAWAIIAN KINGDOM - 1875Proclamation - Hawaii - United States
The United States of America and His Majesty the King of the Hawaiian Islands, equally animated by the desire to strengthen and perpetuate the friendly relations which have heretofore uniformly existed between them, and to consolidate their commercial intercourse, have resolved to enter into a Convention for commercial reciprocity. For this purpose, the President of the United States has conferred full powers on Hamilton Fish, Secretary of State, and His Majesty the King of the Hawaiian Islands has conferred like powers on Honorable Elisha H. Allen, Chief Justice of the Supreme Court, Chancellor of the Kingdom, member of the Privy Council of State, His Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, and Honorable Henry A. P. Carter, member of the Privy Council of State, His Majesty' s special Commissioner to the United States of America.
And the said Plenipotentiaries, after having exchanged their full powers, which were found to be in due form, have agreed to the following articles:
ARTICLE IFor and in consideration of the right and privileges granted by His Majesty, the King of the Hawaiian Islands in the next succeeding article of this Convention, and as an equivalent therefor, the United States of America hereby agree to admit all the articles named in the following schedule, the same being the growth and manufacture or produce of the Hawaiian Islands, into all the ports of the United States free of duty.
SCHEDULEArrow-root; Castor oil; Bananas; Nuts; Vegetables, dried and undried, preserved and unpreserved; Hides and skins, undressed; Rice; Pulu; Seeds; Plants, Shrubs, or Trees; Muscovado, brown, and all other unrefined Sugar, meaning hereby the grade of sugar heretofore commonly imported from the Hawaiian Islands, and now known in the markets of San Francisco and Portland a " Sandwich Island sugar ;" syrups of Sugar-cane, Melado, and Molasses; Tallow;
ARTICLE IIFor and in consideration of the right and privilege granted by the United States of America in the preceding article of this Convention, and as an equivalent therefor, His Majesty the King of the Hawaiian Islands hereby agrees to admit all the articles named in the following schedule, the same being the growth, manufacture, or produce of the United States of America, into all the ports of the Hawaiian Islands free of duty.
SCHEDULEAgricultural Implements; Animals; Beef, Bacon, Pork, Ham, and all fresh, smoked, or preserved meats; Boots and Shoes; Grain, flour, meal, and Bran. Bread and Breadstuff, of all kinds; Bricks, Lime, and Cement; Butter, Cheese, Lard, Tallow; Bullion; Coal; Cordage, Naval Stores, including Tar, Pitch, Resin, Turpentine raw and rectified; Copper and Composition Sheating; Nails and Bolts; Cotton and manufactures of cotton, bleached and unbleached, and whether or not colored, stained, painted, or printed; Eggs; Fish and Oysters, and all other creatures living in the water, and the produce thereof; Fruits, Nuts, and Vegetables, green, dried, or undried, preserved or unpreserved; Hardware; Hides, Furs, Skins and Pelts, dressed or undressed; Hoop iron and Rivets, Nails, Spikes and Bolts, Tacks, Brads, or Sprigs; Ice; Iron and Steel and manufactures thereof; Leather; Lumber and Timber of all kinds, round, hewed, sawed and unmanufactured, in hole or in part; Doors, Sashes, and Blinds; Machinery of all kinds, Engines and parts thereof; Oats and Hay; Paper, Stationary, and Books, and all manufactures of Paper or Paper and Wood; Petroleum and all oils for lubricating or illuminating purposes; Plants, Shrubs, Trees, and Seeds; Rice; Sugar, refined or unrefined; Salt; Soap; Shooks, Staves, and Headings; Wool and manufactures of wool, other than ready made clothing; Wagons and Carts for the purposes of agriculture or of dryage; Wood and manufacture of Wood, or of Wood and Metal, except furniture either upholstered or carved, and carriages; Textile manufactures made of a combination of wool, cotton, silk, or linen, or of any two or more of them other than when ready-made clothing; harness and all manufactures of leather; starch; and tobacco, whether in leaf or manufactured.
ARTICLE IIIThe evidence that articles proposed to be admitted into the ports of the United States of America, or the ports of the Hawaiian Islands, free of duty, under the first and second articles of this Convention, are the growth, manufacture, or produce of the United States of America or of the Hawaiian Islands, respectively, shall be established under such rules and regulations and conditions for the protection of the revenue as the two Governments may from time to time respectively prescribe.
ARTICLE IVNo export duty or charges shall be imposed in the Hawaiian Islands, or in the United States, upon any of the articles proposed to be admitted into the ports of the United States or the ports of the Hawaiian Islands free of duty under the first and second articles of this Convention. It is agreed, on the part of His Hawaiian Majesty, that, so long as this Treaty shall remain in force, he will not lease or otherwise dispose of or create any lien upon any port, harbor, or other territory in his dominions, or grant so special privilege or right of use therein, to any other power, state, or government, nor make any treaty by which any other nation shall obtain the same privileges, relative to the admission of any articles free of duty hereby secured to the United States.
ARTICLE VThe present Convention shall take effect as soon as it shall have been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and shall have been ratified and duly proclaimed on the part of the government of the United States, but not until a law to carry it into operation shall have been passed by the Congress of the United States of America. Such assent having been given and the ratifications of the Convention having been exchanged provided in Article VI, the Convention shall remain in force for seven years from the date at which it may come into operation; and further, until the expiration of Twelve months after either of the High Contracting Parties shall give notice to the other of its wish to terminate the same; each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said term of seven years, or at an time thereafter.
ARTICLE VIThe present Convention shall be duly ratified and the ratification exchanged at Washington City, within eighteen months from the date hereof, or earlier if possible.
In faith whereof the respective Plenipotentiaries of the high contracting parties have signed this present Convention, and have affixed thereto their respective seal.
Done in duplicate, at Washington, the thirteenth day of January, in the year of our Lord one thousand eight hundred and seventy-five.
[seal] HAMILTON FISH
WHEREAS, by the advice and the approval of the Legislature of Our Kingdom, We did enter into a Convention with the United States of America on the subject of Commercial Reciprocity, which said Convention was concluded and signed by our Plenipotentiaries and the Plenipotentiary of the United States of America, at the City of Washington, on the 30th day of January, 1875, and as Amended by the Contracting Parties is word for word as follows:--------------------------------------------------------------------------------
AND, WHEREAS, the said Convention, as Amended, was ratified by Ourselves, on the 17th of April, 1875, and by His Excellency the President of the United States of America, on 31st of May, 1875, and said ratifications were exchanged at the City of Washington, June 3rd, 1875.
Now, therefore, We do proclaim and make public the same to the end that it and ever Clause and Article thereof may be observed and fulfilled with good faith by ever person within Our Kingdom. And the said Convention shall go into effect as soon as intelligence is received that the Government of the United States has made the necessary provisions for carrying it into operation.
[L. S.] In witness whereof, we have hereunto set Our hand and caused the Seal of Our Kingdom to be affixed this 17th day of June, A. D. 1876
By the King:
Ulysses S Grant,
To all to whom these presents shall come,
Know Ye, that whereas a Convention between the United States of America and His Majesty the King of the Hawaiian Islands, on the subject of Commercial Reciprocity, was concluded and signed by their respective Plenipotentiaries as Washington on the thirtieth day of January, eighteen hundred and seventy-five, the original of which Convention is word for word as follows:--------------------------------------------------------------------------------
Now, therefore, be it known that I, Ulysses S. Grant, President of the United States of America, having seen and considered the said Convention do, hereby, in pursuance of the aforesaid advice and consent of the Senate, ratify and confirm the same as amended by the Senate, and every article and clause thereof. In testimony whereof I have caused the seal of the United States to be hereunto affixed.
[seal] Given under my hand at the city of Washington, the thirty-first day of May, in the year of our Lord one thousand eight hundred and seventy-five, and in the ninety-ninth year of the Independence of the United States of America.
By the President:
Hawai`i - United States Convention - 1884SUPPLEMENTARY Convention between the United States of America and his Majesty the King of the Hawaiian Islands to limit the duration of the Convention respecting commercial reciprocity between the United States of America and the Hawaiian Kingdom, concluded January 30, 1875.
Concluded December 6, 1884
Whereas a Convention was concluded between the United States of Ameica; and His Majesty the King of the Hawaiian Islands, on the thirtieth day of January 1875, concerning commercial reciprocity, which the fifth article thereof, was to continue in force for seven years from the date after it was to come into operation, and further, until the expiration of twelve months after either of the High Contracting Parties should give notice to the other of its wish to terminate the same; and
Whereas, the High Contracting parties consider that the increase and consolidation of their mutual commercial interests would be beter promoted by the definite limitation of the duration of the said Convention;
Therefore, the President of the United States of America, and His Majesty the King of the Hawaiian Islands, have appointed:
The President of the United States of America, Frederick T. Frelinghuysen, Secretary of State; and
His Majesty the King of the Hawaiian Islands, Henry A. P. Carter, accredited to the Government of the United States as His Majesty's Envoy Extraordinary and Minister Plenipotentiary;
Who, having exchanged their respective powers, which were found sufficient and in due form, have agreed upon the following articles:
ARTICLE IThe High Contracting Parties agree, that the time fixed for the duration of the said Convention, shall be definitely extended for a term of seven years from the date of the exchange of ratifications hereof, and further, until the expiration of twelve months after either of the High Contracting Parties shall give notice of the other of its wish to terminate the same, each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said term of seven years or at any time thereafter.
ARTICLE IIHis Majesty the King of the Hawaiian Islands grants to the Govrnment of the United States the exclusive right to enter the harbor of the Pearl River in the Island of Oahu, and to establish and maintain there a coaling and repair station for the use of vessels of the United States, and to that end the United States may improve the entrance to said harbor and do all other things needful to the purpose aforesaid.
ARTICLE IIIThe present Convention shall be ratified and the ratifications exchanged at Washington as soon as possible.
In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have hereunto affixed their respective seals.
Done at the city of Washington the 6th day of December in the year of Our Lord 1884.
Frederick t. Frelinghuysen
Treaty of Annexation of Hawaii
Negotiated in 1897
The United States and the Republic of Hawaii, in view of the natural dependence of the Hawaiian Islands upon the United States, of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said islands and of the expressed desire of the government of the Republic of Hawaii that those islands should be incorporated into the United States as an integral part thereof and under its sovereignty, have determined to accomplish by treaty an object so important to their mutual and permanent welfare.
The President of the United States, John Sherman, Secretary of Sate of the United States.
The President of the Republic of Hawaii, Francis March Hatch, Lorrin A. Thurston, and William A. Kinney.
ARTICLE I.The Republic of Hawaii hereby cedes absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it is agreed that all territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii.
ARTICLE II.The Republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and ownership of all public, government or crown lands, public buildings, or edifices, ports, harbors, military equipments, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining. The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands, but the Congress of the United States shall enact special laws for their management and disposition. Provided, that all revenues from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.
Until Congress shall provide for the government of such islands all the civil, judicial and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons, and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.
The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this treaty nor contrary to the Constitution of the United States, nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.
Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands, the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.
ARTICLE IV.The public debt of the Republic of Hawaii, lawfully existing at the date of the exchange of the ratifications of the treaty, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the government of the United States, but the liability of the United States in this regard shall in no case exceed $4,000,000. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued, as herein before provided, said government shall continue to pay the interest on said debt.
ARTICLE V.There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States, and no Chinese by reason of anything herein contained shall be allowed to enter the United States from the Hawaiian Islands.
ARTICLE VI.The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonable and practicable, recommend to Congress such legislation for the Territory of Hawaii as they shall deem necessary or proper.
This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part; and by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the Constitution of said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this sixteenth day of June, one thousand, eight hundred and ninety-seven.
JOHN SHERMAN. [SEAL.]