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

ceedings, and upon the non-appearance of the
said officers their representatives the case shall
be proceeded with in their absence.
ARTICLE xI.
Consus, vice-consuls or consular agents shall
have exclusive charge of the internal order of the
merchant vessels of their nation. They shall
have therefore the exclusive power to take cogni-
zance of and to settle all differences which may
arise at sea or in port between captains officers
and crews, in reierece to wages and the execu-
ton OF mutual contracts, subject in each case TO
the laws OF their own nation.
The local authorities shall in no way interfere,
except in cases where the differences on board
ship are of nature to disturb the peace and pub
lie order in port or on shore when persons 9TH
er than the officers and crew of the vessel are
parties to the disturbance; except MS aforesaid
the local authorities shall confne themselves to
the rendering of forcibe assistance if required by
the consuls vice-consuls, or consular agents, and
shall cause the arrest, temporary imprisonment,
and removal on board his own vessel, of every
person whose name is found the mtlster-rolls
or register of the ship or list of the crew.
ARTICLE XII.
| Consuls general, consuls vice-consuls or CON
sular agents. shall have the power to cause the
arrest of all sailors or all other persons belong
| ing to the crews of vessels of their nation who
may be guilty of having deserted on the respec
tive territories of the high contracting powers,
and to have them sent on board or back to their
native country
To that end they shall make a written applica-
ton to the competent local authority, supporting
it by the exhibition of the ships register and list
| previously, by producing an authenticated copy
of these documents, showing that the persons
claimed really do belong to the ships crew.
Upon such request the surrender of the deser-
ter shall not be refused. Every aid and assistance
SHALL moreover, be granted TO the said consular
authorities for the detection and arrest of deser-
tiers, and the latter shall be taken to the prisons
of the country and there detained ut the request
and expense of the consular authority until there
| may be an opportunity for sending them away
The duration of Imprisonment shall not exceed
the term of three months, at the expiration of
which time, and upon three days notice to the
consul the prisoner shall be set free, and he shall
not be liable to rearrest for the same cause
Should, however, the deserter have committed
on shore an indictable offence, the local authori
ties shall be free to postpone his extradtion until
due sentence shall have been passed and execu-
ted.
The high contracting parties agree that seamen,
| or other individuals forming part of the ships
crew, who are citizens of the country in which
the desertion took place. shall not be affected by
| the provisions of this article.
ARTICLE XIII
In all cases where no enlargement to the
contrary exists between owners, freighters and
insurers all damages. suffered at sea by the
sells of the two countries, whether they enter the
respective ports voluntarily or by stress of wea-
ther shall be settled by the consus general, con
| suls, yice-consuls or consular agents of their re-
spective nation, provided no interests of citizens
of the country where the said functionaries re-
| side, nor of citizens of third power, are con-
cerned. In that case, and in the absence of u
friendly compromise between all parties inter-
eSted, the snail take place under
pervision of the local authorities
ARTICLE XIV. 7f
In the event of vessel belonging to the gov
ernment, or owned by citizen of the two
| tracing states, being wrecked or cast on shore
upon the coast of the other the local authorities
shall inform the consuls generals, corlsus, vice
consuls or consular agents of the district of the
occurrence; or, If such consular agency does not
| exist they shall communicate with the consul
general consul, vice-consul or consular agent Of
the nearest district.
All proceedings relative to the salvage of Amer
| lean vessels wrecked or cast on shore in Austro-
| Hungarian waters shall be directed by the United
States consuls general, consuls, yice-conslIs, OF
consular agents also all proceedings relative to
the salvage of Austro- Hungarian vessels wreck
| ed or cast on shore in American waters shall be
directed by Austro-Hungarian consuls general,
consuls, yice-consuls, or consular agents.
An interference of the local authorities in the
two countries shall take place for the purpose
only of assisting the consular authorities in main
tanning order and protecting the rights of salvors
not belonging to the crew, also for enforcing the
regulations relative to the import export of the
merchandise saved.
In the absence and until the arrival of the con-
suls general, consuls, yice-consuls, or consular
agents, or their duly appointed delegates the To-
cal authorities shall take all the necessary Inea-
sures for the protection Of persons and preserva-
No charges shall be made for the interference
of the local authorities in such cases, except for
expenses incurred through salvage and the pre-
servation ofproperty saved also for those expen-
SEES which, under similar circums tanees, vessels
belonging to the country where the wreck hap
pens would have to incur.
In case of doubt concerning the nationality
of the wrecks, the local authorities shall have
exclusively the management and execution OF
the provisions laid down in the present article
The high contracting parties also agree that all
merchandise and goods not destined for consump-
| ton in the country in which the wreck takes
place shall be free of all duties.
ARTIcLExv
Consuls general consuls, vice -consuls and con-
|
and consular officers, shall enjoy in the two eoun
tries all the liberties, prerogatives, immunites
and privileges granted to functionaries of the
same class oil the most favored nation.
ARTICLE XVI.
In the case OF the death of citizen of the Uni
ted States in the Austro- Hungarian monarchy
or of citizen of the Austrian Hungarian monar-
chy in the United States, without having any
known heirs or testamentary executors by him
, appointed the competent local authorities shall
inform the consuls or consular agents of the State
to which the deceased belonged of the circum-
stance, in order that the necessary information
may be Immediately forwarded to the parties in
terested vi
ARTICLE XVII.
The present Convention shall remain in force
for the space of ten years from the date of the
exchange of the notifications, which shall be
made in conformity with the respective constitu-
tons of the two countries, and exchanged at
Washington within the period of ten (l0) months
or sooner if possible.
In case neither of the contracting parties gives
|
its intention not TO renew this Convention, it shall
remain in force year longer, and so on, from
year to year, until the expiration of q year from
the day on Which one of the parties shall have
given such notice
In testimony whereof, the respective Plenipo-
tentiares have signed this Convention and here
unto affixed their respective seals.
Done in duplicate at Washington, the eleventh
day of July, in the year of our Lord thou
[sEALl HAMILTON FISH.
lsEAL. LEDERE,R.
And whereas the Senate, by their resolution of
the twelfth of May, 1871, did advise and consent
that the period within which it was stipulated in
the said Convention that the Publications thereof
should be exchanged might be extended for a pc
riod of three months
And whereas the said Convention has been duly
ratified on both parts, and the respective ratifi-
cations of the same We're exchanged, in this city,
on the twenty-sixth day of June, 1871, by Ham
ilton Fish, Secretary of Stale ofthe United States
and Baron Lederer, Envoy Extraordinary and
Minister Plenipotentiary OF His Majesty the En-
ment on the part of their respective governments:
Now therefore, be it known that L, Ulysses S.
! GRANT, President of the United States of Amer
lea, have caused the said Convention to be made
public, to the end that the same and every clause
and article thereof may be observed and fulfilled
with good faith by the United States and the cit
liens thereof.
In witness whereof, have hereunio set nv
hand and caused the seal of the United States to
be affixed.
; Done at the city of Washington this twenty
ninth day of June, in the year of our Lord one
thousand eight hundred and seventy -one,