Page:United States Statutes at Large Volume 18 Part 2c.djvu/416

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HAWAIIAN ISLANDS, 1849. 409 Anrrom IX. The citizens and subjects of each of the two contractin ar ies sh 11 · , . be free in the States of the other to manage their owng gtfairs them b¤1:il§;l¤;f(3Lr2-umbc selves, or to commit those aifairs to the management of any persons whom they may appoint as their broker, factor, or agent; nor shall the citizens and subjects of the two contracting parties be restrained in their choice of persons to act in such capacities, nor shall they be called upon to pay any salary or remuneration to any person whom they shall not choose to employ. Absolute freedom shall be given in all cases to the buyer and seller to Libmy °*` “¤d°· bargain together, and to Hx the price of any goods or merchandise imported into, or to be exported from, the States and domains of the two contracting parties, save and except generally such cases wherein the laws and usages of the country may require the intervention of any special agents in the States and dominions of the contracting parties. But nothing contained in this or any other article of the present treaty Sm 0; ,,,,,,,1,u. shall be construed to. authorize the sale of spirituous liquors to the ous liquors. natives of the Sandwich Islands, tarther than such sale may be allowed by the Hawaiian laws. Anrrcnu X. Each of the two contracting parties may have, in the ports of the Cousumrtmcers. other, Consuls, Vice-Consuls, and commercial agents, of their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; but if any such Oonsuls shall exercise commerce, they shall be subject to the same laws and usages to which the private individuals of their nation are subject in the same place. The said Consuls, Vice-Consnls, and commercial agents are Dmrtm from authorized to require the assistance of the local authorities for the vm,,],_ search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and onicers, and shall, in writing, demand the said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vicellonsuls, or commercial agents, and may be confined in the public prisons, at the request and cost of those who

hall claim them, in order to be detained until the time when they shall

be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. The agents, owners, or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities, shall be required to take or send away such deserters from the States and dominions of the contracting parties, or give_ such security for their good conduct as the law may require. But,1f not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offence, their surrender may be delayed until the tribunal before which their case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. Anrrcrm XI. It is agreed that perfect and entire liberty of conscience shall be en- Liberty or wuj0yed by the citizens and subjects of both the contracting parties, in ¤°¤°¤°°· the countries of the one and the other, without their being liable to be