shall be decided finally by the laws and judges of the land wherein the said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all duties of detraction on the part of the government of the respective States. The citizens or subjects of the contracting parties shall not be obliged to pay under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid, by the subjects or citizens of the most favored nations, in the respective States of the high contracting parties. They shall be exempt from all military service, whether by land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence, shall be respected. No arbitrary search of or visit to their houses, and no arbitrary examination or inspection whatever of the books, pa pers, or accounts of their trade, shall be made, but such measures shall be executed only in conformity with the legal sentence of a competent tribunal; and each of the two contracting parties engages that the citizens or subjects of the other residing in their respective States shall enjoy their property and personal security in as full and ample manner as their own citizens or subjects, or the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries respectively. hos

ART. 9. The citizens and subjects of each of the two contracting parties shall be free in the States of the other to manage their own affairs themselves, or to commit those affairs 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 bargain todond gether and to fix the price of any goods or merchandise imported into, or to be exported from, the States and dominions 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 shall be construed to authorize the sale of spiritous liquors to the natives of the Sandwich Islands, further than such sale may be allowed by the Hawaiian laws.dy

ART. 10. Each of the two contracting parties may have, in the ports of the 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 consuls 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 consuls, and commercial agents are authorized to require the assistance of the local authorities for the 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 officers, 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 reclaimation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said consuls, vice consuls, or commercial agents, and may be confined in the public prisons, at the request and cost of those who shall 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 if 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 offense, 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.

ART. 11. It is agreed that perfect and entire liberty of conscience shall be enjoyed 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 disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction.

ART. 12. If any ships of war or other vessels be wrecked on the coasts of the States or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored with the least possible delay to the proprietors, upon being claimed by them or by their duly authorized factors; and, if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian consul, or vice consul, in whose district the wreck may have taken place, and such consul, vice consul, proprietors, or factors shall pay only the expenses incurred in the preservation of the property, together with the rate of salvage and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country.

ART. 13. The vessels of either of the two contracting parties which may be forced by stress of weather or other cause into one of the ports of the other, shall be exempt from all duties of port or navigation paid for the benefit of the State, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the subsistence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge.

ART. 14. The contracting parties mutually agree to surrender, upon official requisition, to the authorities of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other, provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial if the crime had there been committed; and the respective judges and other magistrates of the two governments shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.

ART. 15. So soon as steam or other mail-packets under the flag of either of the contracting parties shall be commenced running between their respective ports of entry, the contracting parties agree to receive at the post-offices of those ports all mailable matter, and to forward it as directed, the destination being to some regular post-office of either country; charging thereupon the regular postal rates as established by law in the ter ritories of either party receiving said mailable matter, in addition to the original postage of the office whence the mail was sent. Mails for the United States shall be made up at regular intervals at the Hawaiian post-office, and dispatched to ports of the United States; the postmasters at which ports shall open the same, and forward the enclosed matter as directed, crediting the Hawaiian Government with their postages as established by law, and stamped upon each manuscript or printed sheet.

All mailable matter destined for the Hawaiian Islands shall be received at the several post-offices in the United States and forwarded to San Francisco, or other ports on the Pacific coast of the United States, whence the postmasters shall dispatch it by the regular mail packets to Honolulu, the Hawaiian Government agreeing on their part to receive and collect for and credit the Post-Office Department of the United States with the United States rates charged thereupon. It shall be optional to prepay the postage

on letters in either country, but postage on printed sheets and newspapers shall, in all cases, be prepaid. The respective Post-Office Departments of the contracting parties shall, in their accounts, which are to be adjusted annually, be credited with all dead letters returned.

ART. 16. The present treaty shall be in force from the date of the exchange of the ratifications for the term of ten years, and further, until the end of twelve months after either of the contracting parties shall have given notice to the other of its intention to terminate the same; each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term of ten years, or at any subsequent term. Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same, and the harmony and good correspondence between the two governments shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.

ART. 17. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said States, and by His Majesty the King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and the ratifications shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner if possible.

In witness whereof, the respective plenipotentiaries have signed the same in triplicate, and have thereto affixed their seals. Done at Washington, in the English language, the twentieth day of December, in the year one thousand and forty-nine.

[SEAL.]

JOHN M. CLAYTON,
JAMES JACKSON JARVES. [SEAL.]

NEW ORLEANS LEVEE DUES.

AN ORDINANCE TO REGULATE THE LEVEE DUES, AND WHARFAGE ON SHIPS AND VESSELS ARRIVING FROM SEA, AND ON STEAMBOATS, FLATBOATS, &C., ARRIVING AT THE PORT OF

NEW ORLEANS.

ART. 1. Be it ordained, That from and after the 1st day of January next, the Levee or Wharfage dues on ships and other decked vessels arriving from sea, whose registered tonnage shall be five tons or over, shall be paid to the municipality within the limits of which such vessels may be moored-the day of arrival and departure counting one day-at the following rates, viz. :—

The Levee or wharfage dues on steamships navigating the Gulf of Mexico or ocean, shall be at the rate of 174 cents per tou.

ART. 2. From and after the said first of January next, the Levee dues on steam vessels navigating on the river, and which shall moore or land in any part of the incorporated limits of the port, shall be fixed as follows:-On all steamboats of 1,000 tons and under, 15 cents per ton. Excess of tonnage over 1,000 tons, 10 cents per ton. vided that boats arriving and departing twice in each week, shall pay only two-thirds of these rates, and on those arriving three times a week, one-half these rates.

Pro

ART. 3. From and after the said first of January next, the following dues shall be exacted on each flatboat, full or in part laden with produce, materials, or merchandise of any kind, not measuring more than 80 feet, $10 each; boats measuring 80 to 100 $12. On each barge measuring less than 70 feet and not exceeding 15 tons burthen, $8. On each steamboat hull used as a barge, $25. On each scow or coasting pirouge, $2. ART. 4. For every flatboat, barge, or other vessel, not including steamboats, employed in transportation of brick, lumber, or other building materials, or in bringing produce from this and neighboring parishes to this city, and measuring not over 25 tons, the levee and wharfage dues shall be $30 per annum. From 25 to 50 tons, $60 per annum. Over 50 and not exceeding 65 tons, $80 per annum. Over 75 tons and not exceeding 100 tons, $125 per annum. Over 100 tons, $200 per annum. Every proprietor of any small craft of the description above mentioned, who shall desire to enjoy the privilege accorded by the present Ordinance, must apply to the Treasurer of the Municipality in the port of which said craft shall discharge, for the purpose of obtaining license, approved by the Mayor, and countersigned by the Controller, which license shall specify the number or name of such craft, which shall be painted in a conspicuous place

on the side of said craft.

ART. 5. Hereafter, it shall not be lawful for any pirouge, flatboat, barge, boat, or keelboat, to remain in port longer than eight days, under the same provisions and penalties contained in Article 3, of an Ordinance of the General Council, approved May 26, 1843.

The above ordinance, respecting Levee dues, was adopted by the General Council, New Orleans, at its sitting on the 26th November, 1850.

BRAZILIAN POST-OFFICE REGULATIONS.

FREEMAN HUNT, Esq., Editor of the Merchants' Magazine:

SIR-The Postmaster General of the Empire of Brazil wishing to give all possible security to correspondence from foreign countries, and to prevent in case of loss that it should be imputed to the department as often happens, has by a circular resolved, that at all the ports of the empire, the captains of vessels may deliver to the post-office agent all letters on board, not exceeding twenty, accompanied by a list signed by the captain, having it ready on his arrival to prevent delays, which, after being compared and found correct, will be forwarded to the post-office, and where the list will be kept for reference in case of doubts. In case of a larger number of letters the captain will have an alphabetical list ready on his arrival to be sent to the post-office by the agent in company of a person of the vessel, and then being compared, the list will be kept for reference.

CALIFORNIA MAILS-PAMPHLET POSTAGE.

L. H. F. D'AGUIAR.

POST-OFFICE, NEW YORK, November 16, 1850.

The following extract from a letter of instructions from the Postmaster General on the subject of pamphlets, &c., sent to California, is published for the information and guidance of parties interested:-" You will consider no books, weighing over eight ounces, or containing over 300 pages, as a pamphlet, but charge it at the letter rate, if over that weight.

(Signed)

N. K. HALL, P. M. General."

Under the above instructions, all books and printed matter, except newspapers, will be charged pamphlet postage, if weighing less than eight ounces, or containg less than 300 pages, viz-2 cents for the first ounce, and one cent for every additional ounce or fraction of an ounce.

WM. V. BRADY, Postmaster,

ERECTION OF CUSTOM-HOUSES IN THE UNITED STATES.

It appears from the annual report of the Secretary of the Treasury that, in addition to the several custom-houses in course of erection, Congress, at the last Session, made appropriations for additional ones at Bath and Bangor, in Maine; at Norfolk, Virginia; Cincinnati, Ohio; St. Louis, Missouri; and San Francisco, California. Also, for sites for Marine Hospitals at Evansville, Indiana, and Vicksburg, Mississippi. The necessary steps for the selection and procurement of proper sites for these edifices have been taken by the Department. The progress of those custom-houses in course of erection, has been as rapid as circumstances would allow. That at New Orleans is of the greatest magnitude, and the special attention of the Treasury Department has been given to it, with a view of securing its completion at an early date.

The incumbrance upon the site selected for the custom-house at Charleston, S. Carolina, has been removed, and no further delay in the erection of the building is anticipated. That at Savannah has progressed so far as to justify the expectation that it will be ready for occupation by August next; provided the additional appropriation submitted to Congress shall be made at an early day.

JOURNAL OF BANKING, CURRENCY, AND FINANCE.

CONDITION OF THE BANKS OF OHIO, NOVEMBER, 1850.

STATEMENT OF THE CONDITION OF THE SEVERAL BANKS IN THE STATE OF OHIO, TAKEN FROM RETURNS MADE TO JOHN WOODS, ESQ., AUDITOR OF STATE, ON THE FIRST MONDAY OF NOVEMBER, 1850.*

Total.....

2,349,048 58 334,328 26 361,756 02 1346478 16 5,027,930 88

For a similar statement of the condition of the banks of Ohio for the previous quarter, see Merchants' Magazine for November, 1850. (Vol. xxiii., No. v., pages 548-550; for preceding quarters Bee former volumes or numbers of the Magazine.)