The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-08-11

A PROCLAMATION
Whereas, n Convention between the United
States of America and His Majesty the Emperor
of Austria, King of Bohemia &c, and Apostolic
King of hungary, concerning the rights, privi-
leges, immunities and duties of consuls of either
country residing in the other, was concluded and
signed ut Washington by their respective Pleni-
pOtentiarics, 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 Sc, and Apostolic King of Hunen-
ry animated by the desire to define in a compre-
hensiye and precise manner, the reciprocal rights,
privileges, and immInities of the consuls gene
raj, consuls vice consuls, and consular agents,
their chancellors and secretaries, of the United
States of America, and of the Austro-lHungarian
monarchy, and to determine their duties and
their respective sphere of action, have agreed
upon the conclusion of q consular convention,
and for that purpose have appointed their re-
spective Plenipotentiaries, namely the Presi-
dent of the United States of America, Hamilton
Fish, Secretary of state of the United States
and His Majesty the Emperor of Austria, Apos-
tolic King of Hungary, Charles, Baron Won Lede-
rer, Knight of the Imperial and Royal Order of
Leopold, and His Majesty'S Envoy Extraordina-
ny 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 arti-
ces
al ARTICLE /,
Each of the high contracting parties shall be
at liberty to establish consuls general, consuls,
yice-consus, or consular agents ut the ports and
places of trade of the other party, except those
where it may not be convenient to recognize such
officers; but this exception shall not apply to
of the high contracting parties without also APP
plying to every other power.
Consuls general, consuls, and other consular
officers appointed and taking Office according to
the provisions of this article, in 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 funetionaries shall be admitted and
recognized respectively, upon presenting their
credentials in accordance with the rules and for
malites established in their respective countries
The exequatur required for the free exercise 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 inter-
ference by the authorities federal state, judi
cial executive, OF the ports, cities, and places
of their residence and district, to the enjoyment
of the prerogatives reciprocally granted.
ARTICLE II.
The eonsuls general, consuls, viee-consuls and
consular agents, their ehancellors, and other CON
sular officers, if they citizens of the state
which appoints them, shall be exempt from mill
taly 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, if 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 immuni-
| ties, except for acts regarded us crimes by the
/ laws of the country in which they reside.
| If they are engaged in commerce. personal de-
| tention can be resorted 10 in their case only for
| commercial liabilities, and then in accordance
only with general laws applicable to all persons
| alike.
ARlIc1EuI
Consuls general, consuls, and their chancellors,
ficeconsuls, and consular officers, if citizens OF
| the country which appoints them, shall not be
summoned to appear witnesses before "a court
of justice, except when, pursuant TO law, the tes-
timony OF a consul may be necessary for the de-
| fence of Il 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 competent officer to
reduce it to writing, shall ask OF him written
declaration.
ARTICLEIy
Consuls general consuls, yiee-consuls, and con-
snlar agents shall be at liberty to place the
chief entrance of their respective offices the arms
of their nation, with the inscription Consulate
| General" Consulate 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 q city where the Legation of their
| government may be established. They shall also
De 1T liberty 10 HOIST ON DOu1Q lie YES
sci employed by them in port for the discharge OF
/ their duty.
ARrIcLEv.
The consular archives shall be at all times in
yiolable, and under no pretence whatever shall
/ the local authorities be allowed to examine or
seize the papers forming part Of them.
ARTICLE VI.
In the event of incapacity, absence, or death
of consuls general, consuls, vice-consuls their
consular pupils, chanchelors, OF secretaries,
whose official character may have been pre-
| viously made known to the respective authorities
in the United States, or in the ustro-Hungariall
empire, shall be admitted at once to the Temporal
ry exercise of the consular functions and they
shah, for the duration of it, enjoy all the immu
mites, rights, and privileges conferred upon them
by this convention
| ARTICLE VIZ
| Consuls general and oonsuls shall have the po-
/ wer to appoint yee-consuls and consular agents
in the Cities ports, and towns within their con-
sular districts, subject, however, to the approba
ton of the government ofthe country where they
| reside.
These vice-consuls and consular agents may be
| selected indiscrmately from among citizens OF
the two countries or from foreigners, and they
shall be furnished with commission issued by
the appointing consul, under whose orders they
They shall enjoy the privileges and liberties
stipulated in this convention. w
To vice-consuls and to consular agents who are
not citizens of the state which appoints them, the
privileges and immunties specified in Article II
shall not extend.
| ~ ARTICLE VIII.
Consuls generals, consuls, yice-consuls, on con-
sular agents of the two countries may, in the ex-
ei'cise of their duties, apply to the authorities
within their districts, whether federal local
judicial executive, in the event of any infrac-
| ton of the treaties and conventions between the
two countries; also for the purpose of protecting
the rights of their countrylnen.
Should the said authorities fail TO take due no
tice of their application, they shall be at liberty
in the absence of any diplomatic representative
of their country, to apply 10 the government Of
| the country where they reside.
| ARTICLE IL.
Consuls general consuls, yice-consuls, or con.
sular agents of the two countries, also their chan
chellors shall have the right TO take at their of.
flee, at the residence OF the parties, board
ship, the dispositions of the captains and crews OF
| vessels of their own nation, of passengers on
| board of them, OF merchants, or any other citi.
zens of their own country.
/ They shall have the power also to receive and
verify eonformably to the laws and regulations
OF their country: lst Wills and requests of Their
| countrymen, and all such acts and contracts be
tween their countrymen as intended TO be
drawn up in an authentic form and verified. Cd
Any and all acts of agreement entered upon be
tween citizens OF their own country and inhabi-
| tants OF the country where they reside.
| All such acts of agreement, and other instru-
| ments, and also copies thereof, when duly au-
thenticated by such consul general, consul vice
Ia. t.-..I