1876. PROTOCOL OF A CONFERENCE BETWEEN THE ACTING SECRETARY OF STATE OF THE UNITED STATES AND THE ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY OF HIS MAJESTY THE KING OF THE HAWAIIAN ISLANDS. Held at Washington on the ninth day of September, 1876. Whereas it is provided by Article V of the Convention between the United States of America and His Majesty the King of the Hawaiian Islands concerning commercial reciprocity signed at Washington on the 30th day of January 1875, as follows: "Article V. The 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 the 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 as 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 any time thereafter." And whereas the said convention has been approved and proclaimed by His Majesty the King of the Hawaiian Islands and has been ratified and duly proclaimed on the part of the Government of the United States: And whereas an act was passed by the Senate and House of Representatives of the United States of America in Congress assembled entitled "An act to carry into effect a convention between the United States of America and His Majesty the King of the Hawaiian Islands, signed on the thirtieth day of January eighteen hundred and seventyfive," which was approved on the 15th day of August in the year 1876: And whereas an act was passed by the Legislative Assembly of the Hawaiian Islands, entitled "An act to carry into effect a Convention between His Majesty the King and the United States of America, signed at Washington on the 30th day of January, 1875," which was duly approved on the 18th day of July, in the year 1876. And whereas the ratifications of the said Convention have been exchanged as provided in Article VI. The undersigned William Hunter, Acting Secretary of State of the United States of America, and the Honorable Elisha H. Allen, Chief Justice of the Supreme Court, chancellor of the Kingdom, member of the Privy Council of State, and His Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly authorized for this purpose by their respective Governments, have met together at Washington, and having found the said convention has been approved and proclaimed by His Majesty the King of the Hawaiian Islands and has been ratified and duly proclaimed on the part of the Government of the United States, and that the laws required to carry the said Treaty into operation have been passed by the Congress of the United States of America on the one part and by the Legislative Assembly of the Hawaiian Islands on the other, hereby declare that the Convention aforesaid concluded between the United States of America and His Majesty the King of the Hawaiian Islands on the 30th day of January, 1875, will take effect on the date hereof. In witness whereof the undersigned have signed this protocol and have hereunto affixed their seals. Done in duplicate, at Washington, this ninth day of September, one thousand eight hundred and seventy-six. [SEAL.] [SEAL.] 1884. W. HUNTER. ELISHA H. ALLEN. RECIPROCITY CONVENTION. Concluded December 6, 1884; ratification advised by the Senate with amendments January 20, 1887; ratified by the President November 7, 1887; ratification exchanged November 9, 1887. ARTICLES. I. Duration of convention of 1875 ex- II. Coaling station. tended. III. Ratification. Whereas a convention was concluded between the United States of America, and His Majesty the King of the Hawaiian Islands, on the thirtieth day of January, 1875, concerning commercial reciprocity, which by 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 better 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 I. The 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 • Terminated on cession of islands to the United States. hereof, 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 any time thereafter. ARTICLE II.. His Majesty the King of the Hawaiian Islands grants to the Government of the United States the exclusive right to enter the harbor of 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 III. The 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. [SEAL.] [SEAL.] FRED'K T. FRELINGHUYSEN. HENRY A. P. CARTER. This article is an amendment of the Senate which was accepted by the Hawaiian Government. HAYTI. (HAITI.) 1864. TREATY OF AMITY, COMMERCE AND NAVIGATION, AND EXTRADITION." Concluded November 3, 1864; ratification advised by the Senate January 17, 1865; ratified by the President May 18, 1865; ratifications exchanged May 22, 1865; proclaimed July 6, 1865. I. Amity. ARTICLES. XXIV. Right of search. XXV. Ships under convoy. XXVII. Care of property captured. XXIX. Entry of captured vessels. XXX. Restriction on foreign privateers. XXXI. Letters of marque forbid- XXXII. Diplomatic privileges. XXXV. Consular privileges. XXXVIII. Extradition of fugitives XXXIX. Extraditable crimes. XLII. Duration. XLIII. Ratification. The United States of America and the Republic of Hayti, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, and to place their commercial relations upon the most liberal basis, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of amity, commerce, and navigation, and for the extradition of fugative criminals. For this purpose they have appointed as their Plenipotentiaries, to wit: The President of the United States, Benjamin F. Whidden, Commissioner and Consul General of the United States to the Republic of Hayti; and the President of Hayti, Boyer Bazelais, Chef d'Escadron, his Aide-de-Camp and Secretary; • Denounced by Haiti to take effect May 7, 1905. Who, after a reciprocal communication of their respective full powers, found in due and proper form, have agreed to the following articles: ARTICLE I. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of Hayti, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places. ARTICLE II. The United States of America and the Republic of Hayti, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, agree that any favor, exemption, privilege, or immunity whatever, in matters of commerce or navigation, which either of them has granted, or may hereafter grant, to the citizens or subjects of any other Government, nation, or State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party; gratuitously, if the concession in favor of that other Government, nation or State shall have been gratuitous; or in return for an equivalent compensation, if the concession shall have been conditional. ARTICLE III. If by any fatality (which cannot be expected, and which God forbid) the two nations should become involved in war, one with the other, the term of six months after the declaration thereof shall be allowed to the merchants and other citizens and inhabitants respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and movables, which they shall have the right to carry away, send away, or sell, as they please, without the least obstruction; nor shall their effects, much less their persons, be seized during such term of six months; which immunity is not in any way to be construed to prevent the execution of any existing civil or commercial engagements; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their vessels and their effects which they may wish to carry with them or send away, and such passports shall be a safe conduct against the insults and captures which privateers may attempt against their persons and effects. ARTICLE IV. Neither the money, debts, shares in the public funds or in banks, or any other property, of either party, shall ever, in the event of war or national difference, be sequestered or confiscated. ARTICLE V. The citizens of each of the high contracting parties, residing or established in the territory of the other, shall be exempt from all compulsory military duty by sea or by land, and from all forced |