These agents may be indiscriminately chosen from among the subjects of the two countries, as well as from among foreigners, and shall be furnished with a commission delivered by the consul who shall have named them, and under whose orders they may be placed. They shall enjoy, besides, the same privileges and immunities stipulated for by the 17th article of the present convention, subject to the exceptions mentioned in the first paragraph of the said article.

ARTICLE XX. The respective consuls, on the death of their fellowcountryinen deceased without having made wills, or designated any testamentary executors, shall have power:

1. To affix seals, whether officially or at the request of the parties interested, upon the moveable effects and the papers of the deceased, giving, beforehand, notice of that operation to the competent local authorities, who may thereat attend, and who, also, if they think proper, may cross, with their seals, those which shall have been affixed by the consuls, and then those double seals shall not be removed except in

concert.

2. Also to draw up, in the presence of the competent authorities of the country, if they think it to be their duty to present themselves on the spot, the inventory of the estate.

3. To cause proceedings to take place, according to the usage of the country for the sale of the moveable goods belonging to the estate; in fine, to administer or liquidate, personally or to name, under their responsibility, an agent to administer and liquidate the said estate, without any interference by the local authorities, in these new operations.

But the said consuls shall be bound to cause to be announced the death of the deceased, in one of the gazettes which may be published within the compass of their jurisdiction; and they shall not have power to make a delivery of the estate, or of its proceeds, to the lawful heirs, or to their mandatories, except after having paid all the debts which the deceased may have contracted in the country, or until one year shall have transpired from the date of the death, without any reclamation having been presented against the estate.

ARTICLE XXI. In everything that concerns the police of the port, the lading and discharging of vessels, the safety of merchandise, property and goods, the subjects of the two countries shall be respectively subject

to the laws and statutes of the territory. Nevertheless, the respective consuls shall be exclusively charged with the internal order on board of the merchant vessels of their nation, and shall alone take cognizance of all the crimes, misdemeanors and other matters of difference, in relation to said internal order, which may supervene between the master, the officers, and the crew, provided the contending parties be exclusively French or Hawaiian subjects, and the local authorities shall not be allowed therein to interfere, unless by the approval or consent of the consuls, or in cases where the public peace and tranquility are disturbed and endangered.

ARTICLE XXII. The respective consuls shall have power to cause to be arrested and returned, whether on board or to their own country, sailors and all other persons regularly forming part of the crews of the vessels of their respective nations, bearing any other title than that of passengers, who shall have deserted from the said vessels. For this purpose they shall apply, in writing, to the competent local authorities, and they shall prove by the exhibition of the register of the vessel, or of the roll of the crew, or, if the vessel shall have departed, by copy of the said document, duly certified by them, that the men whom they reclaim made part of the said crew. When this application is so justified, the return is not to be refused. Besides, every aid and assistance shall be given to them for the search, seizure and arrest of the said deserters, who shall even be detained and guarded in the prisons of the country, on the request and at the expense of the consuls, and till those agents shall find an opportunity to send them away. If, however, such an opportunity should not present itself within the period of three months, counting from the day of arrest, the deserters shall be placed at liberty, and shall not be again arrested for the same cause.

It is, moreover, formally agreed that every other concession or facility tending to repress desertion which one of the two contracting parties may have granted, or may hereafter grant, to another State, shall be considered as equally acquired, in full right, by the other contracting party, in the same manner as if that concession or facility had been expressly stipulated in the present treaty.

ARTICLE XXIII. In all cases where there shall be no objection by any of the owners, freighters, insurers, or their respective agents, either in the port of departure or of arrival, the injuries which the vessels of

the two countries may have experienced at sea, while on their voyage to the respective ports, the repairs of such injuries shall be regulated by the consuls of their respective nations.

ARTICLE XXIV. All the operations relative to the salvage of French vessels shipwrecked or stranded upon the coasts of the Hawaiian Islands, shall be directed by the consuls of France, and, reciprocally, the Hawaiian consuls shall direct the operations relative to the salvage of the vessels of their nation shipwrecked or stranded on the coasts of France.

The local authorities shall only interfere, in the two countries, to preserve order, to secure the interests of the salvors, if they do not belong to the shipwrecked crew, and to carry into effect the regulations to be observed for the entry and the exportation of the merchandise saved. In the absence of, and until the arrival of the consul or vice-consul, the local authorities shall, moreover, take all necessary measures for the protection of individuals, and the preservation of goods shipwrecked.

The goods saved shall not be subjected to any custom-house duties, unless they be entered for internal consumption.

The charges for salvage and other necessary expenses, in the two countries, shall not be other or higher than those which may be paid in like cases, by national vessels.

ARTICLE XXV. It is formally agreed between the two contracting parties, that besides the preceding stipulations, the diplomatic and consular agents, the subjects of every class, the ships, the cargoes and the merchandise of either of the two States, shall enjoy in full right, in the other, the franchises, privileges and immunities of every kind, granted to, or which may be hereafter granted in favor of the most favored nation, and this, gratuitously, if the concession be gratuitous, or with the same compensation, if the concession be conditional.

It is specially stipulated that the postal arrangements concluded, in Honolulu, on the 24th of November, 1853, and which regulate the exchange of correspondence between the Society Islands and the Hawaiian archipelago, and reciprocally, shall be maintained, and that the two contracting parties reserve to themselves only the right of modifying the details thereof, in the proportion and measure that hereafter necessity may point out.

ARTICLE XXVI. The present treaty shall be in force for ten years, counting from the day of the exchange of the ratifications, and if, in one

year before the expiration of this term, neither the one nor the other of the two contracting parties announce by an official declaration its intention that it shall cease to have effect, the said treaty will remain still obligatory during one year, and so onwards until the expiration of the twelve months which shall follow the official declaration in question, at whatever time it may be made.

It is well understood that in case this declaration come to be made by one or other of the contracting parties, the provisions of the treaty, relative to trade and navigation, and contained in the articles 8, 9, 10, 11, 12, 13, 14 and 24, shall be alone considered as having ceased and expired, but that, in regard to the other articles, the said treaty shall remain, nevertheless, perpetually obligatory, and cannot be modified except by a mutual agreement between the two contracting parties.

ARTICLE XXVII. The present treaty shall be ratified, and the ratifications exchanged, at Honolulu, within the term of ten months or sooner, if possible, and it shall not go into effect until after twelve months from the date of said exchange.

In faith of which the before-named Plenipotentiaries have signed the same, and have affixed their respective seals.

Done at Honolulu this twenty-ninth day of October, in the year of Our Lord, 1857.

And whereas, We have fully examined all the points and articles thereof, by and with the advice of Our Privy Council of State, We have confirmed and ratified the foregoing treaty, and We do confirm and ratify the same, in the most effectual manner, promising on Our faith and word as King, for Us and Our successors, to fullfil and observe it faithfully and scrupulously in all its clauses.

In faith of which We have signed this ratification with Our own hand, and have affixed thereto the great seal of Our Kingdom.

Given at our Palace, at Honolulu, this eighth day of September, in the year of Our Lord, one thousand eight hundred and fifty-eight, and in the fourth year of Our reign.

KAAHUMANU.

KAMEHAMEHA.

By the King and Kuhina Nui.

R. C. WYLLIB.