Return to the Hawaiian Independence Home Page, the Legal Documents Index or the Kingdom of Hawaii Treaty List



     It being desirable that a general conventionand instrument of mutual agreement should exist between Hamburg and theHawaiian Islands, the following Articles have, for that purpose and tothat intent, been mutually agreed upon and signed between the Governmentsof Hamburg and that of the Hawaiian Islands:

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

ARTICLE II. The citizens of the Republicof Hamburg, residing within the dominions of the King of the Hawaiian Islands,shall enjoy the same protection in regard to their civil rights, as wellas to their persons and properties, as native subjects and the King ofthe Hawaiian Islands engages to grant to citizens of the Republic of Hamburgthe same rights and privileges which now are, or may hereafter he, grantedto or enjoyed by any other foreigners, subjects of the most favored nation.

ARTICLE III. The protection of the Kingof the Hawaiian Islands shall he extended to all Hamburg vessels, theirofficers and crews, within the harbors and roads of his dominions. In timeof war they shall receive all possible protection against the enemies ofthe Republic of Hamburg. In ease of shipwreck, the local authorities andofficers of the King shall use their utmost exertions to succour them andsecure them from plunder. The salvage dues shall be settled according tothe general law of salvage, and in case of dispute, shall be regulatedby arbitration chosen by both parties.

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

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

ARTICLE VI. It is agreed that the HamburgConsul shall be instructed to zealously attempt to settle amicably, andextra judicially, all difficulties arising with Hamburg citizens; and thatwhen any case is brought before the court of foreign causes, the presidingjudge shall, with the least possible delay, communicate knowledge thereofto the Hamburg Consul, also that when Hamburg sailors or citizens are committed,in consequence of police or other offences, information shall be conveyedto him, forthwith , by the Prefect or other officer of the police.

ARTICLE VII. No productions of the Republicof 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 paymore than those duties levied on goods of the most favored nation. Anyalteration in the duties levied on goods, shall not take effect nor beenforced, until twelve calendar months after the first public notificationof such change.

ARTICLE VIII. Hamburg merchandise and property,or goods imported in Hamburg vessels, liable to all entrance duty higherthan 5 per cent. ad valorem, shall be allowed to be bonded, paying onlythe usual transit duty.

ARTICLE IX. All Hamburg vessels shall havethe 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 thatmay hereafter be opened to foreign commerce, and to take in any produceof 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 freightfrom one island or port to another, such coasting trade being restrictedto bottoms sailing under the Hawaiian flag.

ARTICLE X. The subjects of His Majesty theKing of the Hawaiian Islands shall, in their commercial relations, or relationsof 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 ratificationof the Senate of the Republic, and free Hanseatic City of Hamburg, butin the meanwhile, for the sake of Hamburg vessels or citizens arriving,it is mutually agreed that it shall take effect, provisionally, from thedate of its ratification by His Majesty the King of the Hawaiian Islands.

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

Return to the Hawaiian Independence Home Page, the Legal Documents Index or the Kingdom of Hawaii Treaty List