TREATY WITH DENMARK

SIGNED AT HONOLULU, OCTOBER 19th 1846.


It being desirable that a general convention, and instrument of mutual agreement, should exist between Denmark and the Hawaiian Islands, the following articles have for that purpose, and to that intent, been mutually agreed upon and signed between the Governments of Denmark and the Hawaiian Island:

ARTICLE I.    There shall be perpetual peace arid amity between His Majesty the King of Denmark, and His Majesty the King of the Hawaiian Islands, their heirs and successors.

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

ARTICLE III.    The protection of the King of the Hawaiian Islands shall he extended to all Danish vessels, their officers and crews, within the harbors and roads of his dominions. In time of war, they shall receive all possible protection against the enemies of the King of Denmark. In case of shipwreck, the local authorities and officers of the King shall use their utmost exertions to succour them and secure them from plunder.
   The salvage dues shall he settled according to the general law of salvage, and, in case of dispute, shall be regulated by arbitrators chose by both parties.

ARTICLE IV.    The desertion of seamen belonging to Danish vessels shall be severely repressed by the local authorities, who shall employ all means at their disposal to arrest and confine deserters, and the lawful expenses shall be defrayed by the captain or owners. In such eases, no unnecessary severity is to he used, and due notice is to he immediately given to the Danish Consul, agreeably to the 6th article of this treaty.

ARTICLE V.    Danish subjects shall be allowed to reside or settle on any part of the dominions of the King of the Hawaiian Islands, obtaining a document certifying that they are worthy persons, from the Danish Consul, whose duty it is not to give any such document to others than bona fide subjects of His Majesty the King of Denmark.
   In the case of Danish sailors wishing to remain on the islands, permission shall be previously obtained of the Government by the Danish Consul.

ARTICLE VI.    It is agreed that the Danish Consul shall be instructed to zealously attempt to settle amicably and extra-judicially, all difficulties arising with Danish subjects; and that when any case is brought before the court of foreign causes, the presiding judge shall with the least possible delay, communicate knowledge thereof to the Danish Consul; also that when Danish sailors or subjects are committed, in consequence of police or other offences information shall be conveyed to him, forthwith, by the Prefect or other officer of the police.

ARTICLE VII.    No Danish productions, or any other goods on hoard of, or imported in Danish ships, that can be imported by other foreign ships, shalt be prohibited, nor pay more than those duties levied on goods of the most favored nation. Any alteration in the duties levied on goods, shall not take effect nor be enforced until twelve calendar months after the first public notification of such change.

ARTICLE VIII.    Danish merchandise and property, or goods imported in Danish vessels, liable to an entrance-duty higher than 5 per cent. ad valorem, shall be allowed to be bonded, paying only the usual transit duty.

   Until the erection of a building by the Hawaiian Government for such warehouses arid bonding, such Danish merchandise or property, or goods imported in Danish vessels, shall be allowed to be warehoused and bonded in private warehouses, under the seals arid superintendence of the Hawaiian custom-house officers, and the responsibility of the owner of the goods, or the consignee.

ARTICLE IX.    All Danish vessels shall have the right and privilege of disposing of their cargoes, or any part thereof, at all or any of the ports of the Hawaiian dominions, now open, or that may hereafter be opened to foreign commerce, and to take in any produce of the Hawaiian Islands, which they may receive in payment of such cargoes. But they shall not be allowed to take any goods or merchandise or freight from one island or port to another, such coasting trade being restricted to bottoms sailing under the Hawaiian flag.

ARTICLE X. The subjects of His Majesty, the King of the Hawaiian Islands, shall, in their commercial relations, or relations of any other nature, with Denmark and her possessions, be treated on the footing of the most favored nation.

Done at Honolulu this day 19th day of October, 1846.

ADDTIONAL ARTICLE.    This treaty shall not be permanently binding till it receive the ratification of His Majesty the King of Denmark; but in the meanwhile, for the sake of what Danish vessels or subjects may arrive, it is mutually agreed that it shall take effect, provisionally, from the date of its ratification by His Majesty the King of the Hawaiian Islands.

Done at Honolulu this day 19th day of October, 1846.