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high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said 1st day of Jan
The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of Austria, and the ratifications shall be exchanged at Washington within six months fro:n the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed this conrention and have hereunto affixed their seals.
Done in duplicate at Washington, the third day of July, in the year of our Lord one thousand eight hundred and fifty-six, and of the Independence of the United States the eightieth. fL. S.
W. L. MARCY.
CONVENTION BETWEEN THE UNITED STATES AND AUSTRIA, CONCERNING THE RIGHTS, PRIVILEGES, AND IMMUNITIES OF C'ONSULS, &c., IN THE TWO COUNTRIES, SIGNED AT WASHINGTON, D. C., ON THE 11TH OF JULY, 1870. RATIFIED DECEMBER 19, 1-70.
The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, animated by the desire to define in a comprehensive and precise manner the reciprocal rights, privileges, and immunities of the Consuls General, Consuls, Vice-Consuls, and Consular Agents (their Chancellors and Secretaries) of the United States of America and of the Austro-Hungarian Monarchy, and to determine their duties and their respective sphere of action, have agreed upon the conclusion of a consnlar convention, and for that purpose have appointed their respectire Plenipotentiaries, namely: the President of the United States of America, Hamilton Fish, Secretary of State of the United States; and His Majesty the Emperor of Austria, Apostolic King of Hungary, Charles, Baron von Lederer, Knight of the Impe. rial and Royal Order of Leopold, and His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the United States of America, who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles:
Each of the high contracting parties shall be at liberty to establish Consuls General, Consuls, Vice-Consuls, or Consular Agents at the ports and places of trade of the other party, except those where it may not be convenient to recognize such ofticers; but this exception shall not apply to one of the high contracting parties without also applying to every other other Power. Consuls General, como Consuls, and other Consular officers appointed and taking office according to the provisions of this article, in one or the other of the two countries, shall be free to exercise the right accorded them by the present convention throughout the whole of the district for which they may be respectively appointed. The said functionaries shall be admitted and recognized respectively upon presenting their credentials in accordance with the rules and formalities established in their respective countries. The exequatur required for the free ex
punttent and recoge Dition of
ercise of their official duties shall be delivered to them free
of charge; and upon exhibiting such exequatur they shall be admitted at once and without interference by the authorities, Federal or State, judicial or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted.
of the State appoint
The Consuls General, Consuls, Vice-Consuls, and Consular Agents, their
chancellors, and other Consular Officers, if they are citizens Coral.&c. citizens of the State which appoints them, shall be exempt from mili.
tary billetings, from service in the military or the national
guard, and other duties of the same nature, and from all direct and personal taxation, whether Federal, State, or municipal, provided they be not owners of real estate, and neither carry on trade nor any industrial business. If, however, they are not citizens of the State which appoints them,
or if they are citizens of the State in which they reside, or if Share to protect they own property, or engage in any business there that is
taxed under any laws of the country, then they shall be subject to the same taxes, charges, and assessments as other private individuals. They shall, moreover, enjoy personal immunities, except for acts regarded as crimes by the laws of the country in which they reside. If they are engaged in commerce, personal detention can be resorted to in their case only for commercial liabilities, and then in accordance only with general laws, applicable to all persons alike.
justice Consuls, &c.
Consuls General, Consuls, and their Chancellors, Vice-Consuls and Con
swar Officers, if citizens of the country which appoints them, Solution of news shall not be summoned to appear as witnesses before a court
of justice, except when, pursuant to law, the testimony of a consul may be necessary for the defence of a person charged with crime. In other cases the local court, when it deems the testimony of a Consul necessary, shall either go to his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration.
Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to place over the chief entrance of their respective offices the
arins of their nation, with the inscription: “Consulate have luherty to hoist General,” “ Consulate,” “Vice-Consulate," or - Consular
Agency," as may be. They shall also be at liberty to hoist the flag of their country on the consular edifice, except when they reside in a city where the legation of their Government may be established. They shall also be at liberty to hoist their flag on board the vessel employed by them in port for the discharge of their duty.
The consular archives shall be at all times in violable, and under no pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them.
Consular archives are inviolable.
Event of death of
In the event of incapacity, absence, or death of Consuls General, Consuls, Vice-Consuls, their Consular Pupils, Chancellors, or Secretaries, whose official character may have been previously consul, &c. made known to the respective authorities in the United States, or in the Austro-Hungarian Empire, shall be admitted at once, to the temporary exercise of the consular functions, and they shall, for the duration of it, enjoy all the immunities, rights, and privileges conferred upon them by the convention.
Consuls General and Consuls shall have the power to appoint ViceConsuls and Consular Agents inthe cities, ports, and towns within their consular districts, subject, however, to the town Vice conapprobation of the Government of the country where they reside. These Vice-Consuls and Consular Agents may be selected indis criminately from among citizens of the two countries or from foreigners, and they shall be furnished with a commission issued by the appointing Consul, under whose orders they are to be placed. They shall enjoy the privileges and liberties stipulated in this convention. To Vice-Consuls and to Consular Agents who are not citizens of the State which appoints them, the privileges and immunities specitied in Article II shall not extend.
Application of con
Consuls General, Consuls, Vice-Consuls, or Consular Agents of the two countries may, in the exercise of their duties, apply to the authorities within their district, whether federal or local, us, &c., to authorijudicial or executive, in the event of any infraction of the treaties and conventions between the two countries; also for the purpose of protecting the rights of their countrymen. Should the said authorities fail to take due notice of their application, they shall be at liberty, in the absence of any diplomatic representative of their country, to apply to the Government of the country where they reside.
Power of consuls,
Consuls General, Consuls, Vice-Consuls, or Consular Agents of the two countries, also their chancellors, shall have the right to take at their office, at the residence of the parties, or on board for its ceremoni ship, the depositions of the captains and crews of vessels of &e. their own nation, of passengers on board of them, of merchants, or any other citizens of their own country. They shall liave the power also to receive and verify, conformably to the laws and regulations of their country: 1st. Wills and bequests of their countrymen, and all such acts and contracts between their countrymen as are intended to be drawn up in an authentic form, and verified. 2nd. Any and all acts of agreement entered upon between citizens of their own country and inhabitants of the country where they reside. All such acts of agreement, and other
instruments, and also copies thereof, when duly authenticated by such Consul General, Consul, Vice-Consul, or Consular Agent under his official seals, shall be received in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up by competent public officers of one or the other of the two countries. Consuls General, Consuls, Vice-Consuls, or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authorities or functionaries of their own country, and such papers shall have the same force and effect in the country where the aforesaid officers reside as if drawn up by sworn interpreters.
Powers of (onsuls, &.. relative to te sels belonging to their
Consuls General, Consuls, Vice-Consuls, or Consular Agents shall beat
liberty to go on board the vessels of their nation admitted
to entry, either in person or by proxy, and to examine the own colles, llier captain and crew, to look into the register of the ship, to
receive declarations with reference to their voyage, their destination, and the incidents of the voyage; also, to draw up manifests, lists of freight, to assist in despatching their vessels, and finally to accompany the said captains or crews before the courts and before the administrative authorities, in order to act as their interpreters or agents in their business transactions or applications of any kind. The judicial authorities and custom-house officials shall in no case proceed to the examination or search of merchant vessels without previous notice to the consular authority of the nation to which the said vessels belong, in order to enable them to be present.
They shall also give due notice to Consuls, Vice-Consuls, or Consular Agents, in order to enable them to be present at any depositions or statements to be made in courts of law, or before local magistrates, by captains or persons composing the crew, thus to prevent errors or false interpretations which might impede the correct adninistration of justice.
The notice to Consuls, Vice-Consuls, or Consular Agents shall name the hour fixed for such proceedings, and upon the non-appearance of the said officers or their representatives, the case shall be proceeded with in their absence.
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Consuls, Vice-Consuls, or Consular Agents, shall have exclusive charge
of the internal order of the merchant vessels of their nation. They shall have therefore the exclusive power to take
cognizance of and to settle all differences which may arise at sea or in port between captains, oiicers, and crews in reference to wages and the execution of mutual contracts, subject in each case to the laws of their own nation. The local authorities shall in no way interfere, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance, except as aforesaid, the local authorities shall confine themselves to the rendering of forcible assistance if required by the Consuls, Vice-Consuls, or Consular Agents, and shall cause the arrest, temporary imprisonment, and removal on board his own vessel of every person whose name is found on the muster-rolls or register of the ship or list of the crew.
ARTICLE XII. Consuls General, Consuls, Vice-Consuls, or Consular Agents, shall have the power to cause the arrest of all sailors or all other persons belonging to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the high contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship's register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of these documents, showing that the persons claimed really do belong to the ship's crew. C'pon such request the surrender of the deserter shall not be refused. Every aid and assistance shall, moreover, be granted to the said consular anthorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days' notice to the consul, the prisoner shall be set free, and he shall not be liable to rearrest for the same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The high contracting parties agree that seamen, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provisions of this article.
ARTICLE XIII. In all cases where no other agreement to the contrary exists between owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter the respective ports voluntarily or by stress of weather, shall be parts. settled by the Consuls General, Consuls, Vice-Consuls, or Consular Agents of their respective nations, provided no interests of citizens of the country where the said functionaries reside, nor of citizens of a third Power are concerned. In that case, and in the absence of a friendly compromise between all parties interested, the adjudication shall take place under supervision of the local authorities.
ARTICLE XIV. In the event of a vessel belonging to the Government, or owned by a citizen of one of the two contracting States, being wrecked or cast on shore upon the coast of the other, the local anthorities shall inform the Consuls General, Consuls, Vice-Consuls, or Consular Agents of the district of the occurrence, or if such Consular Agency does not exist, they shall communicate with the Consul General, Consul, Vice-Consul, or Consular Agent of the nearest district.
All proceedings relatiye to the salvage of American vessels wrecked or cast on shore in Austro-IIungarian waters shall be directed by the United States Consuls General, Consuls, ViceConsuls, or Consular Agents; also all proceedings relative to the salvage of Austro-Hungarian vessels wrecked or cast on shore in American waters, shall be directed by Austro-Hungarian Consuls General, Consuls, Vice Consuls, or Consular Agents.
An interference of the local authorities in the two countries shall take
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