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Most favored nation privilety itcorded to consuls,
place for the purpose only of assisting the consular authorities in maintaining order and protecting the rights of salvors not belonging to the crew; also for enforcing the regulations relative to the import or export of the merchandise saved.
In the absence and until the arrival of the Consuls General, Consuls, Vice-Consuls, or Consular Agents, or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck.
No charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur.
In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execution of the provisions laid down in the present article.
The high contracting parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place shall be free of all duties.
ARTICLE XV. Consuls General, Consuls, Vice-Consuls, and Consnlar Agents also Con
sular Pupils, Chancellors, and Consular Officers shall enjoy in the two countries all the liberties, prerogatives, immunities,
and privileges granted to functionaries of the same class of the most favored nation.
ARTICLE XVI. In case of the death of a citizen of the United States in the Austrian
Hungarian Monarchy, or of a citizen of the Austrian-Hungarian Monarchy in the United States, without having any
known heirs or testamentary executors by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the State to which the deceased belonged of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested.
ARTICLE XVII. The present convention shall remain in force for the space of ten
years from the date of the exchange of the ratifications,
which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Washington within the period of ten (10) months, or sooner, if possible.*
In case neither of the contracting parties gives notice before the expiration of the said term of his intention not to renew this convention, it shall remain in force a year longer, and so on, from year to year, until the expiration of a year from the day on whicli one of the parties shall have given such notice.
In testimony whereof the respective Plenipotentiaries have signed this convention, and hereunto affixed their respective seals.
Done in duplicate at Washington, the eleventh day of July, in the year of our Lord one thousand eight hundred and seventy. SEAL.)
HAMILTON FISII. SEAL.
LEDERER. * By resolution of the Senate the time for exchange of ratifications was extended three months.
Death of an of are country in territory of the other.
Duration of vention
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE AUSTRO-HUNGARIAN EMPIRE, RELATING TO NATURALIZATION, SIGNED AT VIENNA ON THE 20TH OF SEPTEMBER, 1870. RATIFIED MARCH 24, 1871.
The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, led by the wish to regulate the citizenship of those persons who emigrate from the United States of America to the territories of the Austro-Hungarian Monarchy, and from the AustroHungarian Monarchy to the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries to conclude a convention, that is to say:
The President of the United States of America, Jolin Jay, Envoy Extraordinary and Minister Plenipotentiary from the United States to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria, etc., Apostolic King of Hungary, the Count Frederick Ferdinand de Beust, His Majesty's Privy Counsellor and Chamberlain, Chancellor of the Empire, Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Orders of St. Stephen and Leopold, who have agreed to and signed the following articles:
What constitutes naturalization.
Citizens of the Austro-JIungarian Monarchy who have resided in the United States of America uninterruptedly at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Austria and Hungary to be American citizens, and shall be treated as such.
Reciprocally, citizens of the United States of America who have resided in the territories of the Austro-Hungarian Monarchy uninterruptedly at least five years, and during such residence have become naturalized citizens of the Austro-Hungarian Monarchy, shall be held by the United States to be citizens of the Austro-Hungarian Monarchy, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization.
A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country led before emigracommitted before his emigration, saving always the limita. tion established by the laws of his original country and any other remission of liability to punishment.
In particular, a former citizen of the Austro-Hungarian Monarchy, who, under the first article, is to be held as an American citizen, is liable to trial and punishment, according to the laws of Austro-Hungary, for non-fulfilment of military duty: 1st. If he has emigrated, after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army. 2d. If he has emigrated whilst he stood in service under relative to military the flag, or had a leave of absence only for a limited time. 3d. If, having a leave of absence for an unlimited time, or belonging
Violation of law
Treaties of 31 July, 1856, 8th May, 1st.
to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy, naturalized in the United States, who by, or after, his emigration has transgressed the legal provisions on inilitary duty by any acts or omissions other than those abore enumerated in the clauses numbered one, two, and three, can, on his return to his original country, neither be held subsequently to military service nor remain liable to trial and punishment for the non-fulfilment of his military duty.
ARTICLE III. The convention for the mutual delivery of criminals, fugitives from
justice, concluded on the 30 July, 1856, between the Gov.
ernment of the United States of America on the one part, and the Austro-Hungarian Monarchy on the other part, as well as the additional convention, signed on the 8th May, 1818, to the treaty of commerce and navigation concluded between the said Governments on the 27th of August, 1839, and especially the stipulations of Article IV of the said additional convention concerning the delivery of the deserters from the ships of war and merchant vessels, remain in force without change.
ARTICLE IV. The emigrant from the one State, who, according to Article I, is to be
held as a citizen of the other State, shall not, on his return
to his original country, be constrained to resume his former citizenship; yet, if he shall of his own accord reacquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no tixed period of residence shall be required for the recog. nition of his recovery of citizenship in his original country.
ARTICLE V. The present convention shall go into effect immediately on the ex
change of ratifications, and shall continue in force ten years.
If neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.
ARTICLE VI. The present convention shall be ratified by the President of the United
States, by and with the consent of the Senate of the United
States, and by His Majesty the Emperor of Austria, etc., King of Ilungary, with the constitutional consent of the two Legislatures of the Austro-Hungarian Monarchy, and the ratifications shall be exchanged at Vienna within twelve months from the date hereof.
In faith whereof the Plenipotentiaries have signed this convention as well in German as in English, and have thereto affixed their seals.
Done at Vienna the twentieth day of September, in the year of our Lord one thousand eight hundred and seventy, in the ninety-fifth year of the Independence of the United States of America, and in the twentysecond year of the reigu of His Imperial and Royal Apostolic Majesty. (SEAL.]
JOHN JAY. |SEAL.]
Duration of ton. vention.
CONVENTION WITH BADEN, CONCLUDED JANUARY 30, 1-57; RATIFICATIONS
EXCHANGED APRIL 21, 1857; PROCLAIMED MAY 19, 1857.
Contration for the mutual delirery of criminals, fugitires from justice, in
certain cuses, concluded between the United States on the one part, and the Grand Duchy of Buden on the other part.
Whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and juris. diction of the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas the laws and constitution of Baden do not allow its Government to surrender its own citizens to a foreign jurisdiction, the Government of the Cnited States, with a view of making the convention strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States; therefore, on the one part the United States of America, and on the other part Ilis Royal Highness the Grand Duke of Baden, having resolved to treat on this subject, have, for that purpose, appointed their respective Plenipotentiaries to negotiate and conclude a convention; that is to say:
The President of the United States of America, Peter D. Vroom, Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the Kingdom of Prussia; and His Royal Highness the Grand Duke of Baden, Adolph, Baron Marschall de Bieberstein, His said Royal Highness's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, &c., &c., &c.;
Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles:
It is agreed that the United States and Baden shall, upon mutual requisitions by them, or their ministers, officers, or authori. Extradition of ties, respectively made, deliver up to justice all persons who, criminale being charged with the crime of murder, or assault with intent to com mit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, or 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 fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committeil; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of crimi. nality may be heard and considered; and if, on such hearing, the evi. dence 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
* Vol. XI, Statutes at Large, p. 713 et seq.
detrayed by the party who makes the requisition and receives
the fugitive. Nothing in this article contained shall be construed to extend to crimes of a political character.
ARTICLE II. Neither of the contracting parties shall be bound to deliver up its
own citizens or subjects under the stipulations of this consuisjecimof the mosptt vention.
Not to apply to
Whenever any person accused of any of the crimes enunerated in this
convention shall have committed a new crime in the territo2011* committine ries of the State where he has sought an asylumn or shall be o which they have found, such person shall not be delivered up under the stipu
lations of this convention until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof.
Duration of conYention,
The present convention shall continue in force until the first of Jan
uary, one thousand eight hundred and sixty, (1860;) and if
neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention, each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and sixty, (1860.)
The present convention shall be ratified by the President, by and with
the advice and consent of the Senate of the Cnited States,
and by the Government of Baden; and the ratifications shall be exchanged in Berlin within one year from the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals.
Done in duplicate, at Berlin, the thirtieth day of January, one thousand eight hundred and fifty-seven,,(1857,) and the eighty-first year of the independence of the United States. (L. S.
P. D. VROOM.
ADOLPH BAR. MARSCHALL (L. S.]