the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within 3 months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. If, however, the deserter shall be found to have committed any crime or offence requiring trial, his surrender may be delayed, until the tribunal before which his case shall be pending, shall have pronounced its sentence, and such sentence shall have been carried into effect.

V. The present Treaty shall continue in force for 2 years, counting from the day of the exchange of its ratifications; and if, 12 months before the expiration of that period, neither of the High Contracting Parties shall have announced, by an official notification to the other, its intention to arrest the operation of said Treaty, it shall remain binding for 1 year beyond that time, and so on, until the expiration of the 12 months which will follow a similar notification, whatever the time at which it may take place.

VI.* This Convention is concluded subject to the ratification of the President of the United States of America, by and with the advice and consent of the Senate thereof, and of His Majesty the Emperor of Austria; and the ratifications thereof shall be exchanged in Washington, within the term of 1 year from the date of the signature thereof, or sooner if possible.

In witness whereof, the respective plenipotentiaries have signed the above Articles, as well in German as in English, and have thereto affixed their seals.

Done in the city of Washington, on the 8th day of May, 1848, in the 72nd year of the independence of the United States of America, and in the 14th year of the reign of His Majesty the Emperor of Austria.

(L.S.) JAMES BUCHANAN. (L.S.) HULSEMANN.

* RESOLUTION of the Senate OF THE UNITED STATES, February 13, 1850. Whereas the time limited by Article VI of the Convention for the extension of certain stipulations contained in the Treaty of Commerce and Navigation of August 27, 1823, between The United States of America and His Majesty the Emperor of Austria, concluded at the city of Washington, the 8th May, 1848, has expired before the ratification of the said Convention by the Senate, be it therefore,

Resolved, (two thirds of the senators present concurring,) That the Senate advise and consent to the exchange of ratifications of the Convention aforesaid, at any time prior to the 4th day of July next, whenever the same shall be offered by His Majesty the Emperor of Austria, and the said ratifications shall be deemed and taken to have been regularly exchanged, the limitation contained in said Convention to the contrary notwithstanding.

Attest

ASBURY DICKINS, Secretary.

CONVENTION of Claims between The United States and Brazil.-Signed at Rio de Janeiro, January 27, 1849.*

[Ratifications exchanged January 18, 1850.]

In the name of the Most Holy and Indivisible Trinity. THE United States of America and His Majesty the Emperor of Brazil, desiring to remove every cause that might interfere with the good understanding and harmony which now happily exist between them, and which it is so much the interest of both countries to maintain; and to come for that purpose to a definitive understanding equally just and honourable to each, as to the mode of settling the long-pending questions arising out of claims of citizens of said States, have for the same appointed, and conferred full powers respectively, to wit:

The President of the United States of America, on David Tod, Envoy Extraordinary and Minister Plenipotentiary from the said States near the Court of Brazil, and his Majesty the Emperor of Brazil, upon the most illustrious and most excellent Viscount of Olinda, of his Council, and of the Council of State, Senator and Grandee of the Empire, Grand Cross of the Order of Saint Stephen of Hungary, of the Legion of Honour of France, and of Saint Maurice and Saint Lazarus of Sardinia, Officer of the Imperial Order of the Cross, Commander of the Order of Christ, President of the Council of Ministers, Minister and Secretary of State for Foreign Affairs; who, after exchanging their full powers, which were found in good and proper form, agreed to the following Articles:

ART. I. The 2 High Contracting Parties, appreciating the difficulty of agreeing upon the subject of said reclamations from the belief entertained by each,—one of the justice of the claims, and the other of their injustice, and being convinced that the only equitable and honourable method by which the 2 countries can arrive at a perfect understanding of said questions is to adjust them by a single act; they mutually agreed, after a mature examination of these claims; and, in order to carry this agreement into execution, it becomes the duty of Brazil to place at the disposition of the President of The United States the amount of 530,000 milreis, current money of Brazil, as a reasonable and equitable sum, which shall comprehend the whole of the reclamations, whatever may be their nature and amount, and as full compensation for the indemnifications claimed by the Government of said States, to be paid in a round sum, without reference to any one of said claims, upon the merits of

Signed in the English and Portuguese languages.

which the 2 High Contracting Parties refrain from entering; it being left to the Government of The United States to estimate the justice that may pertain to the claimants, for the purpose of distributing among them the aforesaid sum of 530,000 milreis, as it may deem most proper.

II. In conformity to what is agreed upon in the preceding Article, Brazil is exonerated from all responsibility springing out of the aforesaid claims presented by the Government of The United States up to the date of this Convention, which can neither be reproduced nor reconsidered in future.

III. In order that the Government of The United States may be enabled properly to consider the claims of the citizens of said States, they remaining, as above declared, subject to its judgment, the respective documents which throw light upon them, shall be delivered by the Imperial Government to that of The United States, so soon as this Convention shall receive the ratification of the Government of said States.

IV. The sum agreed upon shall be paid by the Imperial Government to that of The United States in the current money of Brazil, as soon as the exchange of the Ratifications of this Convention is made known in this capital, for which His Majesty the Emperor of Brazil pledges himself to obtain the necessary funds at the next session of the legislature.

V. The payment of the sum above-named of 530,000 milreis shall not be made until after the reception of the notice in this capital of the exchange of Ratifications; but the said sum shall bear interest, at 6 per centum per annum, from the 1st day of July next; the Imperial Government, however, obliges itself to make good that interest only when, in conformity to the preceding Article of this Convention, the amount stipulated shall be paid.

VI. The present Convention shall be ratified, and the Ratifications exchanged, in Washington, within 12 months after it is signed in this capital, or sooner, if possible.

In faith of which we, Plenipotentiaries of the United States of America, and of His Majesty the Emperor of Brazil, sign and seal the same.

Done in the city of Rio de Janeiro this 27th day of January, in the year of our Lord, 1849.

(L.S.) DAVID TOD.

(L.S) VISCONDE DE OLINDA.

TREATY between The United States and the Hawaiian Islands. Signed at Washington, December 20, 1849.

[Ratifications exchanged at Honolulu, August 24, 1850.]

WHEREAS a Treaty of Friendship, Commerce, and Navigation, between the United States of America and His Majesty the King of the Hawaiian Islands, was concluded and signed at Washington, on the 20th day of December, in the year of our Lord 1849, the original of which Treaty is, word for word, as follows:

The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a Treaty of Friendship, Commerce, and Navigation, for which purpose they have appointed Plenipotentiaries; that is to say: The President of the United States of America, John M. Clayton, Secretary of State of The United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his Special Commissioner to the Government of The United States; who, after having exchanged their full powers, found in good and due form, have concluded and signed the following Articles:

ART. I. There shall be perpetual peace and amity between The United States and the King of the Hawaiian Islands, his heirs and his successors.

II. There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. No duty of customs, or other impost, shall be charged upon any goods, the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the produce or manufacture of, or imported from, any other country; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage, that the subjects or citizens of any other State shall not enjoy any favour, privilege, or immunity whatever, in matters of commerce and navigation, which shall not also, at the same time, be extended to the subjects or citizens of the other Contracting Party, gratuitously, if the concession in favour of that other State shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.

III. All articles, the produce or manufacture of either country, which can legally be imported into either country from the other, in

ships of that other country, and thence coming, shall, when so imported, be subject to the same duties, and enjoy the same privileges, whether imported in ships of the one country, or in ships of the other; and in like manner, all goods which can legally be exported or re-exported from either country to the other, in ships of that other country, shall, when so imported or re-exported, be subject to the same duties, and be entitled to the same privileges, drawbacks, bounties, and allowances, whether exported in ships of the one country, or in ships of the other; and all goods and articles, of whatever description, not being of the produce or manufacture of The United States, which can be legally imported into the Sandwich Islands, shall, when so imported in vessels of The United States, pay no other or higher duties, imposts, or charges, than shall be payable upon the like goods and articles, when imported in the vessels of the most favoured foreign nation, other than the nation of which the said goods and articles are the produce or manufacture.

IV. No duties of tonnage, harbour, lighthouses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels.

V. It is hereby declared, that the stipulations of the present Treaty are not to be understood as applying to the navigation and carrying trade between one port and another, situated in the States of either Contracting Party, such navigation and trade being reserved exclusively to national vessels.

VI. Steam-vessels of The United States which may be employed by the Government of the said States, in the carrying of their public mails across the Pacific Ocean, or from one port in that ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public mail service of The United States, and shall be subject in such ports to no duties of tonnage, harbour, lighthouses, quarantine, or other similar duties, of whatever nature, or under whatever denomination.

VII. The whale ships of The United States shall have access to the ports of Hilo, Keolakekua, and Hanalei, in the Sandwich Islands, for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina, which only are ports of entry for all merchant-vessels; and in all the above-named ports, they shall be permitted to trade or barter their supplies or goods, excepting spirituous