His Majesty the King of
Italy, on the one part, and His Majesty the King of the Hawaiian Islands, on the other part,
desiring to facilitate the establishment of commercial relations between Italy and the Hawaiian
Islands, and to favor their development by a treaty of Amity, Commerce and Navigation, suited for
securing to the two countries equal and reciprocal advantages, have nominated for this purpose
Plenipotentiaries, that is to say:
His Majesty the King of
Italy, the Chevalier Constantino Nigra, His Envoy Extraordinary and Minister Plenipotentiary to His
Majesty the Emperor of the French; and His Majesty the King of the Hawaiian Islands, Sir John
Bowring, His Envoy Extraordinary and Minister Plenipotentiary; who having mutually communicated
their powers, and found them in good and true form, have agreed upon the following articles:
ARTICLE I. There shall be perpetual peace and constant friendship between the
ARTICLE II. There shall be, between
ARTICLE III. The citizens of the two contracting parties may, like the natives
in the respective territories, travel or reside, trade wholesale or retail, rent or occupy the
houses, stores and shops which they may require; they may carry on the transport of merchandise and
money, and receive consignments; they may also, when they have resided more than a year in the
country, and the real or personal property which they may possess shall offer a sufficient security,
be admitted as sureties in Custom-house transactions. The citizens of both countries shall, on a
footing of perfect equality, be free both to purchase and to sell, to establish and to fix the price
of goods, merchandise and articles of every kind, whether imported or of home manufacture, whether
for home consumption or for exportation. They shall also enjoy liberty to carry on their business
themselves, to present to the Custom-house their own declarations; or to have their places supplied
by their own attorneys, factors, consignees, agents or interpreters, whether in the purchase or sale
of their goods, property or merchandise; whether for the loading or unloading and expedition of
They shall also have the
right to fulfill all the functions that are confided to them by their own countrymen, by strangers,
or by natives, in the position of attorneys, factors, agents, consignees, or interpreters.
For the performance of all
these acts, they shall conform to all the laws and regulations of the country, and they shall not be
subject, in any case, to any other charges, restrictions, taxes or impositions than those to which
the natives are subject, provided, always, that the police regulations employed for the protection
of the most favored nation be respected. It is also specially provided that all the advantages of
any kind whatever, actually granted by the laws or decrees now in force, or which in future shall be
accorded to foreign settlers, shall be guaranteed to Italians established, or who establish
themselves in whatever locality they may deem fit in the Hawaiian territory, and the same shall hold
good for Hawaiian subjects in Italy.
ARTICLE IV. The
respective citizens of the two countries shall enjoy the most constant and complete protection for
their persons and property. Consequently, they shall have free and easy access to the courts of
justice in the pursuit and defence of their rights, in every instance and degree of jurisdiction
established by the laws. They shall be at liberty, under any circumstances, to employ lawyers,
advocates or agents from any class, whom they may see fit to authorize to act in their name. In
fine, they shall in all respects enjoy the same rights and privileges which are granted to natives,
and they shall be subject to the same conditions.
ARTICLE V. The
Italians in the Hawaiian Islands, and the Hawaiians in Italy, shall be exempt from all service,
whether in the army or navy, or in the national guard or militia, and they cannot be subject to any
other charges, restrictions, taxes or impositions on their property, real or personal, than those to
which the natives themselves are subject.
ARTICLE VI. The
citizens of both countries respectively shall not be subject to any embargo, nor to be detained with
their vessels, crews, cargoes or commercial effects for any military expedition whatever, nor for
any public or private service whatever, unless the government or local authority shall have
previously agreed with the parties interested, that a just indemnity shall be granted for such
service, and for such compensation as might fairly be required for the injury which (not being
purely fortuitous) may have grown out of the service which they have voluntarily undertaken.
ARTICLE VII. The
most entire liberty of conscience is guaranteed to the Italians in the
Citizens of either of the contracting parties shall, on the respective territories, have the right
of possessing property of any sort, and disposing of the same to the natives.
Italians shall enjoy in all
the Hawaiian territories the right of collecting and transmitting successions ab intestato or testamentary as Hawaiians, according to the
laws of the country, without being subjected as strangers to any burthens or imposts which are not
paid by the natives.
subjects shall enjoy in
The same reciprocity between
the citizens of the two countries shall exist for donations inter
vivos. On the exportation of property collected or acquired under any head by Italians in the
ARTICLE IX. All
Italian or Hawaiian vessels sailing under their respective flags, and which shall be bearers of the
ship's papers and documents required by the laws of the respective countries shall be considered as
Italian or Hawaiian vessels respectively.
ARTICLE X. Italian
vessels which shall arrive either in ballast or laden in Hawaiian ports, or which shall leave the
same, and reciprocally, Hawaiian vessels which, either in ballast or laden, enter or leave the ports
of Italy, whether by sea, river or canals, whatever be the port of their departure or their
destination, shall not be subject either on entry or departure, to duties on tonnage, port or
transit, pilotages, anchorage, shifting, light-houses, sluices, canals, quarantines, salvage,
bonding-warehouses, patents, brokerage, navigation, passage, or to any duties or charges whatever,
levied on the hulks of vessels received or established for the benefit of the government, public
functionaries, communes or establishments of any sort other than those which are now or may
hereafter be levied on national vessels.
ARTICLE XI. In all that regards the
stationing, the loading and unloading of vessels in the ports, roadsteads, harbors and docks, and
generally for all the formalities and arrangements to which vessels employed in commerce with their
freights and loading may be subject, it is agreed that no privilege shall be granted to national
vessels, which shall not be equally granted to vessels of the other country, the intention of the
high contracting parties being that in this respect also the respective vessels shall be treated on
the footing of perfect equality.
XII. Vessels of the contracting parties, compelled to seek shelter in the ports of the other, shall
pay neither on the vessels nor the cargo more duties than those levied on national vessels in the
same situation; provided, that the above-named ships shall carry on no commercial speculations, and
that they tarry no longer in the aforesaid ports than is required by the motives which impelled them
to seek such shelter.
Italian ships of war, and whaling ships, shall have free access to all the Hawaiian ports; they may
there anchor, be repaired and victual their crews; they may proceed from one harbor to another of
In all the ports which are or
may be hereafter opened to foreign vessels, Italian ships of war and whalers shall be subject to the
same rules which are or may be imposed, and shall enjoy in all respects the same rights, privileges
and immunities which are or may be granted to Hawaiian ships and whalers, or to those of the most
Articles of all sorts imported into the ports of either of the contracting States, under the flag of
the other, whatever be their origin, and from whatever country imported, shall pay neither, other
nor heavier duties of entry, and shall not be subjected to any other charges than if imported under
the national flag.
Articles of all sorts exported from either of the two countries, under the flag of the other, from
whatever country they may be, shall not be subjected to other duties or other formalities, than if
exported under the national flag.
Italian ships in Hawaiian Islands, and Hawaiian ships in Italy, may discharge a portion of their
cargo in the port of their first arrival, and proceed with the rest of their cargo to other ports of
the same country, which may be open to foreign trade, whether to complete their unloading or to
provide their return cargo, and shall pay in neither port other or heavier duties than those levied
on national vessels in similar circumstances.
As regards the coasting
trade, the vessels of each country shall be mutually treated on the same footing as the most favored
During the period allowed by laws of the two countries for the warehousing of goods, no other duties
than those for custody and storage shall be levied upon articles imported from one of the two
countries into the other, until they shall be removed for transit, re-exportation or internal
In no case shall such
articles pay higher duties or be liable to other formalities than if they had been imported under
the national flag, or from the most favored country.
Merchandise shipped on board Italian or Hawaiian ships, or belonging to their respective citizens,
may be transhipped in the ports of the two countries to a vessel bound for a national or foreign
port, according to the custom house regulations of the two countries, and the goods so transhipped
for other ports shall be exempt from all duties of customs or warehouses.
Articles of all sorts proceeding from
Reciprocally objects of every
sort, the produce of the
ARTICLE XX. Neither
one nor the other of the contracting parties will impose upon the goods proceeding from the soil,
the manufactures or the warehouses of the other different or greater duties on importation or
re-exportation, than those which shall be imposed on the same merchandise coming from any other
Nor shall there be imposed on
the goods exported from one country to the other, different or higher duties than if they were
exported to any other foreign country.
No restriction or prohibition
of importation or exportation shall take place in the reciprocal commerce of the contracting parties
which shall not be equally extended to all other nations.
Consuls-General, Consuls, Vice-consuls and Consular Agents may be established by each country in the
other for the protection of commerce, such agents shall not enter upon their functions or enjoyment
of the rights, privileges and immunities which belong to them until they have obtained the
authorization of the territorial government, which shall, besides, preserve the right of determining
the place of residence where Consuls may be established; it being understood that neither Government
will impose any restriction which is not common in the country to all nations.
ARTICLE XXII. The
Consuls General, Consuls, Vice-Consuls and Consular Agents of Italy, in the Hawaiian Islands, shall
enjoy all the rights, privileges, immunities and exemptions enjoyed by the agents of the most
favored nation in the same circumstances.
And the same shall be the
ARTICLE XXIII. The
desertion of seamen embarked in the vessels of either of the contracting parties shall be severely
dealt with in their respective territories. In consequence the Italian consuls shall have the power
to cause to be arrested and sent on board, or to
All aid and assistance shall
be given for the discovery and arrest of such deserters, who shall be detained in the prisons of the
country, on the requirement and at the expense of the consuls, until they shall find an opportunity
of sending them away. if, however, no opportunity shall offer in the course of two months, counting
from the day of arrest, the deserters may be set at liberty.
It is understood that seamen
who are native Hawaiians shall be excepted from this arrangement and to be treated according to the
laws of their own country.
If the deserter have
committed any crime in the Hawaiian territory, his release shall not take place till the competent
tribunal shall have given judgment, and this judgment been carried into execution.
Hawaiian consuls shall
possess exactly the same rights in Italy, and it is formally agreed between the two contracting
parties, that every other favor or facility granted or to be granted by either to any other power
for the arrest of deserters shall be also granted to the present contracting parties as fully as if
they had formed part of the present treaty.
ARTICLE XXIV. All
operations connected with the salvage of stranded or wrecked Italian vessels on the Hawaiian coasts
shall be superintended by the Consular Agent of Italy, and reciprocally the Consular Hawaiian Agents
shall superintend the operations connected with the salvage of Hawaiian vessels stranded or wrecked
on the Italian coasts.
But if the parties interested
happen to be on the spot, or the captain possess adequate powers, the administration of the wreck
shall be committed to them.
The intervention of the local
authorities shall only be applied to the maintenance of order, to guarantee the rights of the
salvors if they do not belong to the ship-wrecked crew, and to insure the execution of the measures
to be taken for the entry and departure of the saved goods. In the absence and until the arrival of
the Consular Agents, the local authorities will take the needful steps for the protection of persons
and property wrecked.
The goods saved shall never be subjected to
customs or duty, unless they are disposed of for home consumption.
ARTICLE XXV. The
ships, merchandise and effects belonging to the respective citizens which may have been taken by
pirates or conveyed to or found in the ports of either of the contracting parties, shall be
delivered to their owners on payment of the expenses should there be such, the amount to be
determined by the competent tribunals when the right of the proprietor shall be proved before these
tribunals, and the claim being made within the space of eighteen months by the interested parties,
by their attorneys, or by the agents of their respective Governments.
ARTICLE XXVI. If,
from a concurrence of unfortunate circumstances, differences between the contracting parties should
cause an interruption of the relations of friendship between them, and that after having exhausted
the means of an amicable and conciliatory discussion, the object of their mutual desire should not
have been completely attained, the arbitration of a third power, equally the friend of both, shall
by a common accord be appealed to, in order to avoid by this means a definitive rupture.
ARTICLE XXVII. The
present treaty shall be in vigor for ten years, to commence six months after the exchange of
ratification. If a year before the expiration of this term neither of the contracting parties shall
have announced, by an official declaration, its intention of terminating it, the treaty shall still
remain in force for a year, and so continue from year to year.
ARTICLE XXVIII. The
present treaty shall be ratified and the ratification exchanged at
In faith whereof, the respective
Plenipotentiaries have signed the same, and thereto affixed their seals.
Done in duplicate at
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[ L. S. ]
Article to the Treaty of Commerce and Navigation, concluded between the
The two high contracting
parties agree: That whatever privilege, immunity, favor or diminution of duties on commerce or
navigation, which may be granted by either of the two States to any other power, shall immediately,
and of full right, be conceded to the other contracting party, without any compensation.
The two high contracting
parties further agree to conform to the principles, adopted by the Congress of Paris, as announced
in the Declaration of the 16th of April, 1856, with reference to privateering and to neutral rights
of blockade, as follows:
The present additional
article is considered as an integral part of the Treaty of Commerce and Navigation, concluded
It shall have the same force
and duration, and it shall be included in the ratifications of the same Treaty.
[ L. S. ]
[ L. S. ]