Arkansas intelligencer., 1857-06-12

gave rise to this forced landing are real and
evident; that the vessel does not engage in
any commercial operation, rs loading or un-
loading merchandise, and that its stay in the
said port is not prolonged beyond the time
rendered necessary by tho causes which con-
strained it to land; it being understood, new
ertheless, that any landing of passengers, or
any loading or unloading caused by opera
tions of repair of the vessel or by the uecessi-
ty of providing subsistence for the crew, shall
not be regarded as a commercial operation.
ARTICLE XVII.
In case any ship-of war or mesehant vessel
shall be wrecked on the coasts or within the
maritime jurisdiction of either Of the high
contracting parties, such ships or vessels, Or
any parts thereof, and all furniture and APP
purtenances belonging thereto, and all goods
and merchandise which shall be saved there
from, or The produce thereof, if sold shall DO
faithfully restored, with the least possible de-
lay, to the proprietors, upon being claimed by
them, or by their duly authorized factors; and
If there are no such .proprietors or factors on
the spot, then the said goods and merchan-
disc, or the proceeds thereof, as well as all the
papers found on board such wrecked ships or
vessels. shall be delivered to the American or
Sicilian consul, or vice consul, in whose dis
trict the wreck may have taken place. and
such consul, vice consul, proprietors or factors,
shall pay only the expenses incurred in the
preservation of the property, together with
the rate of salvage and expenses of quaran-
! tine, which would have been payable in the
like case of wreck of a national vessel and
the goods and merchandise saved from the
wreck shall not be subject to duties, unless
cleared for consumption; it being understood
that in case of any legal claim upon such
wreck, goods, or merchandise, the same shall
/ be referred for decision to the competent tri-
bunals of the country.
| ARTICLE XVIII.
Each of the high contracting parties grants
! to the other, subject to the usual ereqUdtUr
the liberty OF having, in heparts of the other
where foreign commerce is usually permitted
consuls, vice -consuls, and commercial agents
Of their own appointment, who shall enjoy
the same privileges and powers as those of
the most favored nations; but if any such con-
sui, yice-consul, or commercial agent shall ex-
ercise commerce, he shall be subjected to the
same laws and usages to which private indi
viduals OF the nation are subjected in the
| same place. And whenever either of the
two contracting parties shall select for a con
| sular agent a citizen or subject Of this last
| such consular agent shall continue TO be re-
| garded, notwithstanding his quality of for
| eign consul, citizen or a subject of the
nation to which he belongs, and consequently
shall be submitted to the laws and regulations
to which natives are subjected. This obliga-
ton, however, shall not be so construed so rs
to embarrass his consular functions, nor to
affect the inviolability of the consular archives.
ARTICLE XIX.
The said consuls, vice consuls, and COM
mercial agents shall have the right, rs SUCH
| to judge in quality of arbitrators, such differ
ences may arise between the masters and
crews of the vessels belonging to the nation
! whose interests are committed to their charge,
without the interference of the local authori-
ties, unless the conduct Of the crew, or of the
captain should disturb the public peace or
order Of the country, or such consul, vice-con-
sui, or commercial agent should require their
assistance to cause his decisions to be carried
into effect or supported. Nevertheless, it is
understood that this species Of judgment or
arbitration shall not deprive the contendng
parties of the right they have, to resort, on
their return home, to the judicial authorities
of their own country.
ARTICEE XXX.
The consuls, vice-consus, and commercial
agents, may cause to be arrested and sent
try, sailors and ali other persons, who, making
a regular part of the crews of vessels of the
respectve' nations, and having embarked un-
der some other name than that of passengers,
shall have deserted from the said vessels
For this purpose they shall apply to the com
petent local authorities, proving, by the reg
ister of the vessel, the roll of the crew, or if
the vessel shall have departed, with copy
of the said papers, duly certified by them,
that the persons they claim formed part of
the crew; and on such reclamation thus
substantlated, the surrender of the deserter
shall not be denied. Every assistance shsll
also be given to them for the recovery and
arrest of such deserters; and the same shall
be detained and kept in the prisons of the
country, at the request and cost of the con-
suls, until the said consus shall have found
an opportunity to send them away. 1t being
understood, however that if such an opportu-
nifty shall not occur in the space of four months
from the date of their arrest, the said desert
ers shall be set at liberty, and shall not be
again arrested for the same cause. Never
theless, if the deserter shall be found to have
committed any other crime or offence on
shore, his surrender may be delayed by the
local authorities until the tribunal before
which his case shall be pending shall have
pronounced its sentence, and until such sent
ence shall have been carried into effect.
ARTICLE XXI.
1t is agreed that every person who, being
charged with or condemned for any of the
crimes enumerated in the following article,
committed within the States of one of the
high contracting parties, shall seek asylum in
the States, or on board the vessels-of-war Of
the other party. shall be arrested and con-
signed to justice on demand made, through
{ Z the proper diplomatic channel, by the gov
/, ernment within whose territory the offence
shall have been committed