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Hawaiian Kingdom Treaty

TREATY WITH JAPAN

1871

WHEREAS, a Treaty of Amity and Commerce between His Majesty the King, and His Imperial Majesty the Tenno of Japan, was concluded at Yeddo, on the 19th day of August, 1871, which has been ratified by His Majesty the King, and His Imperial Majesty, the Tenno of Japan, and the ratifications duly exchanged — which Treaty is, word for word, as follows:

His Majesty the King of the Hawaiian Islands, and His Imperial Japanese Majesty, the Tenno, being equally animated by the desire to establish relations of friendship between the two countries, have resolved to conclude a Treaty, reciprocally advantageous, and for that purpose have named their Plenipotentiaries, that is to say, His Majestythe King of the Hawaiian Islands, His Excellency C. E. Do Long, appointed and commissioned by His Majesty, Envoy Extraordinary and Minister Plenipotentiary of the Kingdom of Hawaii, near the Government of His Majesty, the Tenno of Japan, and His Imperial Japanese Majesty, the Tenno, His Excellency Sawa Iusanme Kiyowara Noluyoshe, Minister for Foreign Affairs, and His Excellency Terachima Jusee Fugiwara Munemori, First Assistant Minister for Foreign Affairs, who having communicated to each other their respective full powers, which are found in good order, and in proper form, have agreed upon the following Articles:

Article I. There shall be perpetual peace and friendship between His Majesty the King of the Hawaiian Islands, and His Imperial Japanese Majesty, the Tenno, their heirs and successors, and between their respective subjects.

Article II. The subjects of each of the two high contracting parties, respectively, shall have the liberty freely and securely to come with their ships and cargoes to all places, ports and rivers in the territories of the other, where trade with other nations is permitted; they may remain and reside in any such ports, and places respectively, and hire and occupyhouses and warehouses, and may trade in all kinds of produce, manufactures and merchandise of lawful commerce, enjoying at all times the same privileges as may have been, or may hereafter be granted to the citizens or subjects of any other nation, paying at all times such duties and taxes as may be exacted from the citizens or subjects of other nations doing business or residing within the territories of each of the high contracting parties.

Article III. Each of the high contracting parties shall have the right to appoint, if it shall seem good to them, a Diplomatic Agent, who shall reside at the seat of the Government of the respective countries, and Consuls and Consular Agents, who shall reside in the ports or places within the territories of the other where trade with other nations is permitted. The Diplomatic Agents and Consuls of each of the high contracting parties shall exercise all the authority and jurisdiction, and shall enjoy within the territories of the other all the rights and privileges, exemptions and immunities which now appertain, or may hereafter appertain to Agents of the same rank of the most favored nations.

Article IV. It is hereby stipulated that the Hawaiian Government and its subjects, upon like terms and conditions, will be allowed free and equal participation in all privileges, immunities and advantages that may have been or may hereafter be granted by His Majesty the Tenno of Japan, to the Government, citizens or subjects of any other nation.

Article V. The Japanese Government will place no restrictions whatever upon the employment by Hawaiian subjects of Japanese in any lawful capacity. Japanese in the employ of foreigners may obtain Government passports to go abroad, on application to the Governor of any open port.

Article VI. It is hereby agreed that such revision of this Treaty, on giving six months previous notice to either of the high contracting parties, may be made by mutual agreement, as experience shall prove necessary.

Article VII. The present Treaty shall be ratified by His Majesty the King of the Hawaiian Islands, and by His Imperial Majesty the Tenno, and the ratifications exchanged at Yedo, the same day as the date of this Treaty, and shall go into effect immediately after the date of such exchange of ratifications.

In token whereof, the respective Plenipotentiaries have signed this Treaty.

Done at the City of Yedo, this 19th day of August, A. D. One Thousand Eight Hundred and Seventy-one, corresponding in Japanese date to the fourth day of the 7th month of the 4th year of Meiji.

(Signed,)

C.E. DE LONG. [Seal.]
SAWA IUSANME KIYOWARA NOLUYOSHE. [Seal.]
TERACHIMA JUSEE FUGIWARRA MUNEMORI. [Seal.]

Now, all persons are hereby notified, that the said Treaty is a part of the Law of this Kingdom, and is to be regarded as such.

[L.S.] CHAS. C. HARRIS,
Minister for Foreign Affairs.
Foreign Office, September 27th, 1871.


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