New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-12-20
OFFICIAL.
TREATIES AND PROCLA1IATIONS.

|
Convention between the United States o.
America and the Austro-Hungarian mon
archy. Rights, etc, of cOnsuls SigneC
| July IL, 1870; ratified December 49, 1870
notifications exchanged June &c, 1871
proclaimed June 90, 1871.
Whereas convention between the United
States of America and his majesty the EN-
peror 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, iii comprehensive and
precise manner, the reciprocal rights, priv
ileges, and immunities of the cOnsuls gen
eral, consuls, vice consus. and consular
agents. their chancellOrs and secretaries, OF
| the United States Of America and Of the
Austro Hungarian monarchy, and to deter
mine their duties and their respective
sphere Of action. have agreed upon the
conclusion of IA 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 Lelerer, knight of the imperial
and royal order Of Leopold, and his males
tvs envoy extraordinary and minister plen-
| ipotentiary 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-
cles:
| ARTICLE L.
| Each of the high contracting parties shall
| be at liberty to establish cOnsuls general,
| cOnsuls, vice cODsuls, or consular agents at
| 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 one of the
high contracting parties without, also, APP
plying to every other power
Consus general, cOnsuls and other
consular officers appointed and taking
office according to the provisions
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 tOrmalitics 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 e4uatur. they shall be add
mitted at once and without interference by
the authorities. federal or State judicial or
executive. of the ports. cities and places of
their residence aud district. to the enjoy
ntanf If fla
granted.
ARTICLE II.
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 i'll 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-
vded 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.
lhev shall. moreover. enjoy personal I'M |
munltleS. except for acts regarded as crimes |
by the laws o1 the country in which they |
reside.
II they are engaged in commerce. per
sOnal detention can be resorted TO il .her |
case only for commercial liabilities. and |
then in accordance only with genera laws, |
applicable to all persons alike.
ARTICLE III.
cellors. vice consuls, and consular officers, If
citizens OF the country which appoints !
them. shall not be summoned to appear as |
witnesses before a 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 a consul necessary. |
shall either 90 to his dwelling to have the |
testimony taken orally. or shall send there |
a competent officer to reduce it to writing, |
or 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
spective Offices the arms of their nation.
with the inscriptions: Consulate General"
Consulate" Vice Consulate" or Consul
lar Agency. as may be.
They shall also be at liberty to hoist the
flag of their country on the consular cditice.
except when they reside in city where the
legation of their government may be estab-
lished. They shall also be at liberty to
hoist their flag on board the vessel EN-
ployed by them IN port for the discharge of
their duty.
ARTICLE V.
The consular archives shall be at all
times inyioable. and under no pretense
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-con-
suls. their consular pupils, chancellors or
whose official character may |
have been previously made known to
the respective authorities in the United
States. or in the Austro Hungarian empire,
shall be admitted at once to the temporary
exercise of the consular functiYds, and they
shall, for the duration Of it. enjoy all the
rights and privileges conferred
upon them by this convention.
ARTICLE VII.
ConSuls general and consuls shall have
the power to appoint vice-consuls and con
sular agents in the cities ports and fowls
within their consular districts, subject, how
ever to the appreciation of the government
of the country where they reside
These vice-consuls and consular agents
may be selected indiscriminately from
among citizens of the two countries or from
foreigners, and they shall be furnished with
a commission issued by the appointing con
sui, under whose orders they are to be
placed.
They shall enjoy the privileges and liber-