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belonged (or the representative of such Minister or Consul, or other Diplomatic Agent, in case of absence), shall have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country.

984. ARTICLE X.

It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the territories of the other party. But before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted.

The Diplomatic Agents of Nicaragua and Consuls shall enjoy in the territories of the United States whatever privileges, exemptions, aud immunities are or shall be allowed to the agents of the same rank belonging to the most favored nations; and in the like manner the Diplomatic Agents and Consuls of the United States in Nicaragua shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Republic of Nicaragua to the Diplomatic Agents and Consuls of the most favored nations.

ORANGE FREE STATE.

Convention concluded December 22, 1871 (Friendship, Commerce, and Extra

dition).

985. ARTICLE V.

The contracting parties give to each other the privilege of having, each in their respective States, Consuls and Vice-Consuls of their own appointment, who shall enjoy the same privileges as those of the most favored nation.

But before any Consul or Vice-Consul shall act as such, he shall, in the ordinary form, be approved by the Government of the country in which his functions are to be discharged.

In their private and business transactions Consuls and Vice-Consuls shall be submitted to the same laws and usages as private individuals, citizens of the place in which they reside.

It is hereby understood that in case of offense against the laws by a Consul or Vice-Consul, the Government from which [he received] his

exequatur may withdraw the same, send him away from the country, or have him punished in conformity with the laws, assigning to the other Government its reason for so doing.

The archives and papers belonging to the Consulates shall be inviolate, and under no pretext whatever shall any magistrate or other functionary inspect, seize, or in any way interfere with them.

986. ARTICLE VI.

Neither of the contracting parties shall impose any higher or other duties upon the importation, exportation, or transit of the natural or industrial products of the other than are or shall be payable upon the like articles being the produce of any other country.

987. ARTICLE VII.

Each of the contracting parties hereby engages not to grant any favor in commerce to any nation which shall not immediately be enjoyed by the other party.

988. ARTICLE VIII.

The United States of America and the Orange Free State, on requisitions made in their name through the medium of their respective Diplomatic or Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other.

Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found.

989. ARTICLE IX.

Persons shall be delivered up, according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: Murder (including assassination, parricide, infanticide, and poisoning), attempt to commit murder, rape, forgery, or the emission of forged papers, arson, robbery with violence, intim[id]ation or forcible entry of an inhabited house, piracy; embezzlement by public officers, or by persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment.

990. ARTICLE X.

The surrender shall be made by executives of the contracting parties, respectively.

991. ARTICLE XI.

The expense of detention and delivery effected pursuant to the preceding articles shall be at the cost of the party making the demand."

992. ARTICLE XII.

The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offenses committed before the date hereof, nor to those of a political character.

993. ARTICLE XIII.

The present convention is concluded for the period of ten years, from the day of the exchange of the ratifications, and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention, to the other, to arrest the operations of the said convention, it shall continue binding for twelve months longer, and so on from year to year, until the expiration of the twelve months, which will follow a similar declaration, whatever the time at which it may take place.

THE OTTOMAN PORTE.

Treaty concluded May 7, 1830 (Commerce and Navigation).

994. ARTICLE II.

The Sublime Porte may establish Shahbenders (Consuls) in the United States of America, and the United States may appoint their citizens to be Consuls or Vice-Consuls at the commercial places in the dominions of the Sublime Porte where it shall be found needful to superintend the affairs of commerce. These Consuls or Vice-Consuls shall be furnished with berats or firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection.

*

995. ARTICLE IV.

If litigations and disputes should arise between subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgments be pronounced, unless the American Dragoman be present. Causes in which the sum may exceed five hundred piasters shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any

crime or offense, shall not be molested; and even when they may have committed some offense they shall not be arrested and put in prison by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offense, following, in this respect, the usage observed towards other Franks.*

ARTICLE V.

American merchant-vessels that trade to the dominions of the Sublime Porte may go and come in perfect safety with their own flag; but they shall not take the flag of any other power, nor shall they grant their flag to the vessels of other natious and powers, nor to the vessels of rayahs. The Ministers, Consuls, and Vice-Consuls of the United States shall not protect, secretly or publicly, the rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent.

996. ARTICLE IX.

If any merchant-vessel of either the contracting parties should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved, and the merchandise and effects which it may be possible to save and recover shall be conveyed to the Consul nearest to the place of the wreck, to be by him delivered to the proprietors.

Protocol concluded August 11, 1874 (Right of Foreigners to hold real estate in the Ottoman Empire).

997. PROTOCOL.

The law granting foreigners the right of holding real estate does not interfere with the immunities specified by the treaties, and which will continue to protect the person and the movable property of foreigners who may become owners of real estate.

As the exercise of this right of possessing real property may induce

*The Ottoman Porte declines to accept the interpretation of a portion of Article IV which is given in the English translation of the treaty of 1830, with Turkey, as follows: "But they shall be tried by their Minister or Consul and punished according to taxar offense, following, in this respect, the usage observed toward other Franks," and claims that the terms of the original Turkish text, which was accepted by the American nego tiator to be strictly observed on all occasions, does not affect the rights of the Turkish Government with respect to the preventive arrest and holding in custody of foreign subjects during criminal proceedings of which they may be the objects, and that it ac cords to Americans the same privilege which the subjects of other powers already enjoyed, viz, the leaving to the Minister or Consul the execution of the punishments to which Americans may be condemned in case of crimes or offenses.

Mr. Morris, United States Minister to Turkey, was informed, on the 19th of October, in dispatch No. 221, that the President had determined to submit the facts to the con sideration of the Senate and await its resolution before inaugurating diplomatic action. Mr. Morris was instructed in the mean time to avoid, and direct our Consular Officers to avoid, making any issue, the maintaining of which depended upon the English ver sion of the fourth and seventh articles, which is contained in our statutes, or drawing in question the construction which the Government of Turkey put upon the original

documents.

foreigners to establish themselves in larger numbers in the Ottoman Empire, the Imperial Government thinks it proper to anticipate and to prevent the difficulties to which the application of this law may give rise in certain localities. Such is the object of the arrangements which follow. The domicile of any person residing upon the Ottoman soil being inviolable, and as no one can enter it without the consent of the owner, except by virtue of orders emanating from competent authority and with the assistance of the magistrate or functionary invested with the necessary powers, the residence of foreigners is inviolable on the same principle, in conformity with the treaties, and the agents of the public force cannot enter it without the assistance of the Consul or of the delegate of the Consul of the power on which the foreigner depends.

By residence we understand the house of inhabitation and its dependencies; that is to say, the out-houses, courts, gardens, and neighboring inclosures, to the exclusion of all other parts of the property.

In the localities distant by less than nine hours' journey from the Consular residence, the agents of the public force cannot enter the residence of a foreigner without the assistance of a Consul, as was before said.

On his part the Consul is bound to give his immediate assistance to the local authority, so as not to let six hours elapse between the moment which he may be informed and the moment of his departure, or the departure of his delegate, so that the action of the authorities may never be suspended more than twenty-four hours.

In the localities distant by nine hours or more than nine hours of travel from the residence of the Consular Agent, the agents of the public force may, on the request of the local authority, and with the assistance of three members of the Council of the Elders of the Commune, enter into the residence of a foreigner, without being assisted by the Consular Agent, but only in case of urgency, and for the search and the proof of the crime of murder, of attempt at murder, of incendiarism, of armed robbery either with infraction or by night in an inhabited house, of armed rebellion, and of the fabrication of counterfeit money, and this entry may be made whether the crime was committed by a foreigner or by an Ottoman subject, and whether it took place in the residence of a foreigner or not in his residence, or in any other place.

These Regulations are not applicable but to the parts of the real estate which constitute the residence, as it has been heretofore defined.

Beyond the residence, the action of the police shall be exercised freely and without reserve; but in case a person charged with crime or offense should be arrested, and the accused shall be a foreigner, the immunities attached to his person shall be observed in respect to him.

The functionary or the officer charged with the accomplishment of a domiciliary visit, in the exceptional circumstances determined before, and the members of the Council of Elders who shall assist him, will be obliged to make out a procès-verbal of the domiciliary visit, and to communicate it immediately to the superior authority under whose jurisdiction they are, and the latter shall transmit it to the nearest Consular Agent without delay.

A special regulation will be promulgated by the Sublime Porte to determine the mode of action of the local police in the several cases provided heretofore.

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