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Protocol.

Act of Congress.

290.

into operation has been passed by the Congress of the United States, and the ratifications of the Convention have been exchanged as provided in Article VI thereof:

And whereas the Acting Secretary of State of the United States and His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington have recorded in a protocol a conference held by them at Washington, on the ninth day of September, eighteen hundred and seventy-six, in the following language:

"Whereas it is provided by Article V of the Convention between the "United States of America and His Majesty the King of the Hawaiian "Islands concerning commercial reciprocity, signed at Washington on the "30th day of January, 1875, as follows:

"ARTICLE V. 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 the "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 ex"piration 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 there""after:"

"And whereas the said Convention has been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and has been ratified and duly proclaimed on the part of the Government of the United States:

"And whereas an act was passed by the Senate and House of Representa1876, Aug. 15, ch. tives of the United States of America in Congress assembled, entitled 'An act to carry into effect a Convention between the United States of America and His Majesty the King of the Hawaiian Islands, signed on the thirtieth day of January eighteen hundred and seventy-five, which was approved on the 15th day of August in the year 1876:

Convention of

claimed.

"And whereas an act was passed by the Legislative Assembly of the Hawaiian Islands, entitled 'An act to carry into effect a Convention between His Majesty the King and the United States of America, signed at Washiugton on the 30th day of January, 1875, which was duly approved on the 18th day of July, in the year 1876:

"And whereas the ratifications of the said Convention have been exchanged as provided in Article VI:

"The undersigned, William Hunter, Acting Secretary of State of the United States of America, and the Honorable Elisha H. Allen, Chief Justice of the Supreme Court, Chancellor of the Kingdom, Member of the Privy Council of State, and His Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States of America, duly authorized for this purpose by their respective Governments, have met together at Washington, and having found the said Convention has been approved and proclaimed by His Majesty the King of the Hawaiian Islands and has been ratified and duly proclaimed on the part of the Government of the United States, and that the laws required to carry the said Treaty into operation have been passed by the Congress of the United States of America on the one part and by the Legislative Assembly of the Hawaiian Islands on the other, hereby declare that the Convention aforesaid, concluded between the United States of America and His Majesty the King of the Hawaiian Islands on the 30th day of January, 1875, will take effect on the date hereof:"

Now, therefore, I, ULYSSES S. GRANT, President of the United States reciprocity pro- of America, in pursuance of the premises, do declare that the said Convention has been approved and proclaimed by His Majesty the King of the Hawaiian Islands, and been ratified and duly proclaimed on the part of the Government of the United States, and that the necessary legisla

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.]

ARTICLE I.

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.

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United States

into Hawaiian Isl

For and in consideration of the rights and privileges granted by the United States of America in the preceding article of this convention, products admitted and as an equivalent therefor, His Majesty, the King of the Hawaiian ands free of duty. 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;

SCHEDULE.

Beef, bacon, pork, ham and all
fresh, smoked or preserved meats;
Boots and shoes;
Grain, flour, meal and bran, bread
and breadstuffs, of all kinds;
Bricks, lime and cement;
Butter, cheese, lard, tallow, bullion;
Coal;

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;

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Evidence of ar

Shooks, staves and headings;
Wool and manufactures of wool,
other than ready made cloth-
ing;
Wagons and carts for the purposes

of agriculture or of drayage;
Wood and manufactures of wood,
or of wood and metal except
furniture either upholstered or
carved and carriages;

Textile manufactures, made of a
combination of wool, cotton, silk
or linen, or of any two or more of
them other than when ready
made clothing;

Harness and all manufactures of
leather;
Starch;

And tobacco, whether in leaf or
manufactured.

ARTICLE III.

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

ARTICLE IV.

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.

and no other na

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 tion 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.

See proclamation,

How long to remain in force.

ARTICLE V.

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.

ARTICLE VI.

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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.]

1879-NUMBER

[RECIPROCAL PROTECTION OF TRADE-MARKS IN UNITED STATES AND BRAZIL.]

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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
FOR THE PROTECTION OF THE MARKS OF MANUFACTURE AND
TRADE.

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:

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citizens of each

The citizens or subjects of the two High Contracting Parties shall have in the dominions and possessions of the other, the same rights as shall have same belong to native citizens or subjects, in every thing relating to property in marks of manufacture and trade.

in each other's posrights as natives

sessions as to trademarks. 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 laws of, to be protection must fulfil the formalities required by the laws of the respect- complied with. ive countries.

Execution of

In witness whereof the undersigned duly authorized to this end, have signed the present agreement and have affixed thereto the seals of their treaty. árms.

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.

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[CONVENTION BETWEEN THE UNITED STATES AND THE FRENCH REPUBLIC FOR THE SETTLEMENT OF CLAIMS.]

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Whereas, a Convention between the United States of America and the French Republic, for the settlement of certain claims of the citizens of either

Jan. 15, 1880. 21 Stat. L.

Preamble.

Claims of citizens, &c., of United States against

France.

- of citizens of France against United States.

country against the other, was concluded and signed by their respective pleni-
potentiaries, at the city of Washington, on the fifteenth day of January, in
the year one thousand eight hundred and eighty, which Convention is word
for word as follows:

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE
FRENCH REPUBLIC, FOR THE SETTLEMENT OF CERTAIN CLAIMS OF
THE CITIZENS OF EITHER COUNTRY AGAINST THE OTHER.

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:

ARTICLE I.

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, eight-referred to comeen hundred and sixty-six, shall be referred to three Commissioners, one missioners. 1880, June 16, ch. 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.

253.

Commission to

examine and decide upon claims.

ARTICLE II.

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 aubut 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.

ARTICLE III.

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

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