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tion has been passed to carry the same into effect, and that the ratifications of the Convention have been exchanged as provided in Article VI. [September 9, 1876.]
[ARTICLES OF COMMERCIAL RECIPROCITY IN THE CONVENTION OF JANUARY 30, 1875, REFERRED TO IN THE FOREGOING PROCLAMATION.]
For and in consideration of the rights and privileges granted by His Majesty the King of the Hawaiian Islands in the next succeeding article of this convention and as an equivalent therefor, the United States of America hereby agree to admit all the articles named in the following schedule, the same being the growth and manufacture or produce of the Hawaiian Islands, into all the ports of the United States free of duty.
For and in consideration of the rights and privileges granted by the United States of America in the preceding article of this convention, and as an equivalent therefor, His Majesty, the King of the Hawaiian Islands hereby agrees to admit all the articles named in the following schedule, the same being the growth, manufacture or produce of the United States of America, into all the ports of the Hawaiian Islands, free of duty.
Agricultural implements; Animals;
Beef, bacon, pork, ham and all
Cordage, naval stores including
tar, pitch, resin, turpentine raw and rectified;
Copper and composition sheathing; Nails and bolts;
Cotton and manufactures of cotton bleached, and unbleached, and whether or not colored, stained, painted or printed; Eggs;
Fish and oysters, and all other creatures living in the water, and the products thereof; Fruits, nuts, and vegetables, green, dried or undried, preserved or unpreserved;
United States to Hawaiian Islproducts admitted ands free of duty.
Evidence of ar
Shooks, staves and headings;
Textile manufactures, made of a
Harness and all manufactures of
And tobacco, whether in leaf or
The evidence that articles proposed to be admitted into the ports of ticles being the the United States of America, or the ports of the Hawaiian Islands, free product of said of duty, under the first and second articles of this convention, are the countries; how established. growth, manufacture or produce of the United States of America or of the Hawaiian Islands respectively shall be established under such rules and regulations and conditions for the protection of the revenue as the two Governments may from time to time respectively prescribe.
No export duty
No export duty or charges shall be imposed in the Hawaiian Islands to be charged by or in the United States, upon any of the articles proposed to be admiteither country on ted into the ports of the United States or the ports of the Hawaiian such products. Islands free of duty, under the first and second articles of this convention.
No lease, &c., of It is agreed, on the part of His Hawaiian Majesty, that, so long as this Hawaiian ports, treaty shall remain in force, he will not lease or otherwise dispose of or and no other nation to have same create any lien upon any port, harbor, or other territory in his dominprivileges. ions, or grant any special privilege or rights of use therein, to any other power, state or government, nor make any treaty by which any other nation shall obtain the same privileges, relative to the admission of any articles free of duty, hereby secured to the United States.
When to take effect.
See Act 1876, Aug. 15, ch. 290. p. 627.
How long to remain in force.
The present convention shall take effect as soon as it shall have been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and shall have been ratified and duly proclaimed on the part of the Government of the United States, but not until a law to carry it into operation shall have been passed by the Congress of the United
States of America.
Such assent having been given and the ratifications of the convention having been exchanged as provided in article VI, the convention shall remain in force for seven years, from the date at which it may come into operation; and further, until the expiration of twelve months after either of the high contracting parties shall give notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said term of seven years, or at any time thereafter.
The present convention shall be duly ratified, and the ratifications exchanged at Washington city, within eighteen months from the date hereof, or earlier if possible.
[January 30, 1875.]
[RECIPROCAL PROTECTION OF TRADE-MARKS IN UNITED STATES AND BRAZIL.]
Whereas an agreement between the United States and Brazil for the reciprocal protection of marks of manufacture and trade in the two countries, was concluded and signed by their plenipotentiaries, at Rio de Janeiro, on the 24th day of September, 1878, the original of which agreement is word for word as follows:
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BRAZIL
The Government of the United States of America and the Government of His Majesty the Emperor of Brazil, with a view to the reciprocal protection of the marks of manufacture and trade in the two countries, have agreed as follows:
The citizens or subjects of the two High Contracting Parties shall have in the dominions and possessions of the other, the same rights as belong to native citizens or subjects, in every thing relating to property in marks of manufacture and trade.
laws of, to be
marks. R. S., §§ 4937-4947. 1876, Aug. 14, ch. 274. 1881, March 3, ch. 138. It is understood that any person who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respect- complied with. ive countries.
In witness whereof the undersigned duly authorized to this end, have signed the present agreement and have affixed thereto the seals of their treaty.
Done in duplicate at Rio de Janeiro the twenty-fourth day of the month of September, one thousand eight hundred and seventy-eight. And whereas the said agreement has been duly ratified: Now, therefore, I, Rutherford B. Hayes, President of the United States of America, have caused the said agreement to be made public to the end that the same and every clause and part thereof, may be observed and fullfilled with good faith by the United States and the citizens thereof.
By the President, June 17, 1879.
[CONVENTION BETWEEN THE UNITED STATES AND THE FRENCH REPUBLIC FOR THE SETTLEMENT OF CLAIMS.]
Jan. 15, 1880. 21 Stat. L.
Whereas, a Convention between the United States of America and the Preamble. French Republic, for the settlement of certain claims of the citizens of either
examine and decide upon claims.
country against the other, was concluded and signed by their respective pleni-
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE
The United States of America and the French Republic, animated by the desire to settle and adjust amicably the claims made by the citizens of either country against the government of the other, growing out of acts committed by the civil or military authorities of either country as hereinafter defined, during a state of war or insurrection, under the circumstances hereinafter specified, have agreed to make arrangements for that purpose, by means of a Convention, and have named as their Plenipotentiaries to confer and agree thereupon, as follows:
The President of the United States, William Maxwell Evarts, Secretary of State of the United States, and the President of the French Republic, Georges Maxime Outrey, Envoy Extraordinary and Minister Plenipotentiary of France at Washington, Commander of the National Order of the Legion of Honor, &c., &c., &c.;
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles:
All claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of France, arising out of acts committed against the persons or property of citizens of the United States not in the service of the enemies of France, or voluntarily giving aid and comfort to the same, by the French civil or military authorities, upon the high seas or within the territory of France, its colonies and dependencies, during the late war between France and Mexico, or during the war of 1870-71 between France and Germany and the subsequent civil disturbances known as the "Insurrection of the Commune";
And on the other hand, all claims on the part of corporations, companies or private individuals, citizens of France, upon the Government of the United States, arising out of acts committed against the persons or property of citizens of France not in the service of the enemies of the United States, or voluntarily giving aid and comfort to the same, by the civil or military authorities of the Government of the United States, upon the high seas or within the territorial jurisdiction of the United States, during the period comprised between the thirteenth day of April, eighteen hundred and sixty-one, and the twentieth day of August, eighteen hundred and sixty-six, shall be referred to three Commissioners, one Of whom shall be named by the President of the United States, and one by the French Government, and the third by His Majesty the Emperor of Brazil.
The said commission, thus constituted, shall be competent and obliged to examine and decide upon all claims of the aforesaid character, presented to them by the citizens of either country, except such as have been already diplomatically, judicially or otherwise by competent au-but not claims thorities, heretofore disposed of by either government; but no claim or item of damage or injury based upon the emancipation or loss of slaves shall be entertained by the said Commission.
for loss of slaves.
- vacancies in, to be filled.
In case of the death, prolonged absence, or incapacity to serve of one of the said Commissioners, or in the event of one Commissioner omitting, or declining, or ceasing to act as such, then the President of the
United States, or the Government of France, or His Majesty the Emperor of Brazil, as the case may be, shall forthwith proceed to fill the vacancy so occasioned by naming another Commissioner within three months from the date of the occurrence of the vacancy.
The Commissioners named as herein before provided shall meet in the city of Washington at the earliest convenient time within six months to meet in Washafter the exchange of the ratifications of this convention, and shall, as ington. their first act in so meeting, make and subscribe a solemn declaration - oath of. that they will impartially and carefully examine and decide, to the best of their judgment and according to public law, justice and equity, without fear, favor or affection, all claims within the description and true meaning of Articles I. and II., which shall be laid before them on the part of the governments of the United States and of France respectively; and such declaration shall be entered on the record of their proceedings: Provided, however, that the concurring judgment of any two Com--two may reuder missioners shall be adequate for every intermediate decision arising in decisions and make the execution of their duty and for every final award.
The Commissioners shall, without delay, after the organization of the organization of. Commission, proceed to examine and determine the claims specfied in the preceding articles, and notice shall be given to the respective Governments of the day of their organization and readiness to proceed to the transaction of the business of the Commission.
- to decide on ev
They shall investigate and decide said claims in such order and in such manner as they may think proper, but upon such evidence or in- idence furnished formation only as shall be furnished by or on behalf of the respective by the govern Governments.
They shall be bound to receive and consider all written documents or consider written statements which may be presented to them by or on behalf of the re- statements and spective Governments in support of, or in answer to, any claim, and to documents. -to hear one counhear, if required, one person on each side whom it shall be competent sel named by the for each Government to name as its Counsel or Agent to present and government on support claims on its behalf, on each and every separate claim.
Each Government shall furnish at the request of the Commissioners, or of any two of them, the papers in its possession which may be im- furnish papers on portant to the just determination of any of the claims laid before the request. Commission.
Decision in writing of two com
missioners to be final.
The concurring decisions of the Commissioners, or of any two of them, shall be conclusive and final. Said decisions shall in every case be given upon each individual claim, in writing, stating, in the event of a pecuniary award being made, the amount or equivalent value of the Terms of awards, same in gold coin of the United States or of France, as the case may &c. be; and in the event of interest being allowed on such award, the rate thereof and the period for which it is to be computed shall be fixed, which period shall not extend beyond the close of the Commission; and said decision shall be signed by the Commissioners concurring therein.
The High Contracting Parties hereby engage to consider the decis ion of the Commissioners, or of any two of them, as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objections, evasions, or delay whatever.
Full force and
effect to be given
to decisions without delay.