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COMMERCE
Articles of arrangement signed at Honolulu December 23, l826
Entered into force December 23, 1826
Articles of arrangement made and concluded at Oahu between Thomas apCatesby Jones appointed by the United States, of the one part, andKauikeaouli, King of the Sandwich Islands, and his Guardians, on the otherpart.
The peace and friendship subsisting between the United States, and theirMajesties, the Queen Regent, and Kauikeaouli, King of the Sandwich Islands,and their subjects and people, are hereby confirmed, and declared to beperpetual.
The ships and vessels of the United States (as well as their Consuls andall other citizens within the territorial jurisdiction of the SandwichIslands, together with all their property), shall be inviolably protectedagainst all Enemies of the United States in time of war.
The contracting parties being desirous to avail themselves of the bountiesof Divine Providence, by promoting the commercial intercourse andfriendship subsisting between the respective Nations, for the bettersecurity of these desirable objects, Their Majesties bind themselves toreceive into their Ports and Harbours all ships and vessels of the UnitedStates; and to protect, to the utmost of their capacity, all such ships andvessels, their cargoes officers and crews, so long as they shall behavethemselves peacefully, and not infringe the established laws of the land,the citizens of the United States being permitted to trade freely with thepeople of the Sandwich Islands.
Their Majesties do further agree to extend the fullest protection, withintheir control, to all ships and vessels of the United States which may bewrecked on their shores; and to render every assistance in their power tosave the wreck and her apparel and cargo; and as a reward for theassistance and protection which the people of the Sandwich Islands shallafford to all such distressed vessels of the United States, they shall beentitled to a salvage, or a portion of the property so saved; but suchsalvage shall, in no case, exceed one third of the value saved; whichvaluation is to be fixed by a commission of disinterested persons who shallbe chosen equally by the Parties.
Citizens of the United States, whether resident or transient, engaged incommerce, or trading to the Sandwich Islands, shall be inviolably protectedin their lawful pursuits; and shall be allowed to sue for, and recover byjudgment, all claims against the subjects of His Majesty The King,according to strict principles of equity, and the acknowledged practice ofcivilized nations.
Their Majesties do further agree and bind themselves to discountenance anduse all practicable means to prevent desertion from all American shipswhich visit the Sandwich Islands; and to that end it shall be made the dutyof all Governors, Magistrates, Chiefs of Districts, and all others inauthority, to apprehend all deserters; and to deliver them over to themaster of the vessel from which they have deserted; and for theapprehension of every such deserter, who shall be delivered over asaforesaid, the master, owner, or agent, shall pay to the person or personsapprehending such deserter, the sum of six Dollars, if taken on the side ofthe Island near which the vessel is anchored; but if taken on the oppositeside of the Island, the sum shall be twelve Dollars; and if taken on anyother Island, the reward shall be twenty four Dollars, and shall be a justcharge against the wages of every such deserter.
No tonnage dues or impost shall be exacted of any Citizen of the UnitedStates which is not paid by the Citizens or subjects of the nation mostfavoured in commerce with the Sandwich Island; and the citizens of subjectsof the Sandwich Islands shall be allowed to trade with the United States,and her territories, upon principles of equal advantage with the mostfavoured nation.
Done in council at Honolulu, Island of Waohoo, this 23rdday of December in the year of our Lord 1826.
Mahalo to Sam Monet (monet@hawaii-nation.org) and the Hawaii Resource Library for providing the text of this document.
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