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TREATY WITH HAMBURG

JANUARY 8TH, 1848

     It being desirable that a general convention and instrument of mutual agreement should exist between Hamburg 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 Hamburg and that of the Hawaiian Islands:

ARTICLE I. There shall be perpetual peace and amity between the Republic and free Hanseatic City of Hamburg, and His Majesty the King of the Hawaiian Islands, their heirs and successors.

ARTICLE II. The citizens of the Republic of Hamburg, 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 citizens of the Republic of Hamburg the same rights and privileges which now are, or may hereafter he, 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 Hamburg 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 Republic of Hamburg. In ease 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 be settled according to the general law of salvage, and in case of dispute, shall be regulated by arbitration chosen by both parties.

ARTICLE IV. The desertion of seamen belonging to Hamburg 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 case no unnecessary severity is to be used, and due notice is to be immediately given to the Hamburg Consul, agreeably to the 6th Article of this Treaty.

ARTICLE V. Hamburg citizens shall be allowed to reside or settle on any part of the dominions of the King of the Sandwich Islands, upon obtaining a document certifying that they are worthy persons, from the Hamburg Consul, whose duty it is not to give any such document to others than bona fide citizens of the Republic of Hamburg. In the case of Hamburg sailors wishing to remain on the islands, permission shall be previously obtained of the government the Hamburg Consul.

ARTICLE VI. It is agreed that the Hamburg Consul shall be instructed to zealously attempt to settle amicably, and extra judicially, all difficulties arising with Hamburg citizens; 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 Hamburg Consul, also that when Hamburg sailors or citizens 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 productions of the Republic of Hamburg or any other goods on board of or imported in Hamburg ships, that can be imported by other foreign ships, shall 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. Hamburg merchandise and property, or goods imported in Hamburg vessels, liable to all entrance duty higher than 5 per cent. ad valorem, shall be allowed to be bonded, paying only the usual transit duty.

ARTICLE IX. All Hamburg 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 received 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 the Republic and free Hanseatic City of Hamburg, and her dependencies, be treated on the footing of the most favored nation.

Done at Honolulu this 8th day of January, 1848.

ADDITIONAL ARTICLE. This treaty shall not be permanently binding till it receives the ratification of the Senate of the Republic, and free Hanseatic City of Hamburg, but in the meanwhile, for the sake of Hamburg vessels or citizens arriving, 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 8th day of January, 1848.




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