New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-23
OFFICIAL l..
TREATIES AND PROCLANIATIONS.

TREATIES AND PROCLANfATIONS.
A PROCLAMATION by the President o.
the United States Of America:
America and the Austro- Hungarian mon
archy. Rights, ETC., of consuls. Signed
July II, 1870; ratified December 10, 1870
notifications exchanged June 26, 1871
proclaimed June %, 1871.
Whereas convention between the United
States Of America and his majesty the EN-
perez of Austria, king Of Bohemia, etc, and
apostolic king Of Hungary, concerning the
rights, privileges, immunities and duties OF
consuls OF either country residing in the
other. was concluded and signed at Wash.
ington by their respective plenipotentiaries
on the eleventh day of July, 1870, which
convention. being in the English and Ger
man languages is word for word as follows
| The President of the United States of
America and His Majesty the Emperor of
Austria, King OF Bohemia, ETC., and Apos-
tolic King of Hungary, animated by the
desire to define, in comprehensive and
precise manner, the reciprocal rights. priv
| ileges, and immunities of the cOnsuls gen
| eral, consuls. vice cOnstlls. and consular
| agents. their chancellors and secretaries, of
| the United States of America and of the
| ustro-Hnngarian monarchy, and to deter
| mine their duties and their respective
| sphere OF action, have agreed upon the
| conclusion of a consular convention. and for
| that purpose have appointed their respective
| 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 Won Lederer, knight of the imperial
and royal order of Leopold, and his majes-
tvs envoy extraordinary and minister plen-
ipOtentiary in the United States of America.
who, after communicating to each other
their tui powers found in good and due
form, have agreed upon the following arti-
cles:
ARTICLE L.
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 he
convenient to recognize such officers !; but
this exception shall not apply tosone Of the
high contracting parties without, also, APP
plying to every other power.
Consuls general, consuls ami other
consular officers appointed and taking
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 re-
spectively appointed.
The said functionaries shall be admitted
and recognized, respectively, upon present
ing their credentials in accordance with the
rules and forInalities established in their
respective countries.
The exeauatur required for the free ex-
ercise Of their official duties shall be deliv-
cred to them free of charge; and upon
exhibiting such exequatur. they shall be ad-
mitted 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 enjoy
ment of the prerosatives reciprocally
granted.
The consuls general, consuls, vice consuls
and consular agents, their chancellors and
other consular officers, if they are citizens
of the State which appoint them, shall be
exempt from military billetings, from SER
vice 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 pro-
vided they be not owners of real estate.
and neither carry on trade nor any indus
trial 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 II 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.
Ihey shall. moreover, enjoy personal i'm
except for acts regarded as crimes
by the laws OF the country in which they
reside.
Ii they are engaged in commerce. per
sonal 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.
ARTICLE I'LL
Consuls general cOnsuls and their chan
cellOrS. vice cOnsuls, and consular officers if |
citizens OF the country which appoints |
them. shall not be summoned to appear as |
witnesses before court of justice, except
when, pursuant to law, the testimony of a !
consul may be necessary for the defense of |
a person charged with crime.
In other cases the local court, when it |
deems the testimony of consul necessary,
shall either 60 to his dwelling to have the
testimony taken orally, or shall send there
a competent officer to reduce it to writing.
IL shall ask OF him written declaration.
ARTICLE ".
Consuls general. cOnsuls, vice consuls
and consular agents shall be at liberty to
place over the chief entrance Of their re-
pecuve offices the arms of their nation
With the inscription: Consulate General
Consulate" "Vice Consulate" or "Consu-
ar Agency" as may be.
They shall also be at liberty to hoist the
lag OF their country on the consular editice.
kept when they reside in a city where the
egation OF their government may he estab-
shed. They shall also be at liberty to
Oist their flag on board the vessel EN-
loyed by them in port for the discharge of
heir duty.
ARTICLE v.
The consular archives shall be at all
ines inviolabe and under no pretense
7hatever shall the local authorities be
lowed 10 examine or seize the papers
oriHing part OF them.
ARTICLE vi.
In the event Of incapacity, absence or
cath OF consuls general, cOnsuls vice-con-
Ils. their consular pupils, chancellors or
ecretaries, whose official character may
ave been previously made known to
ne respective authorities in the United
tates, or in the Austro- Hungarian empire
hall be admitted at once to the temporary
xerclse OF the consular functions, and they
hall, for the duration of it. enjoy all the |
rights and privileges conferred
pom them by this convention.
ARTICLE VII.
Consuls general and consuls shall have
le power to appoint vice-consuls and con-
llar agents in the cities, ports and towns
ithin their consular districts, subject, how
yer, to the appreciation of the government
the country where they reside.
these vlce-cOnsuls and consular agents |
lay be selected Unfortunately from
mong citizens of the two countries or from ,
'reigners, and they shall be furnished with