The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-08-10

1870; Ratifications Exchanged June %. 1871;
Proclaimed June 30, 1871.
By The President Of the United States Of Anaerica.
A PROCLAMATION.
Whereas, q 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 otlrr, was concluded and
signed at Washington by their respective Pleni-
potentiaries, 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, &c. and Apostolic King of Hunga-
~, animated by the desire to define, in compre-
hensive and precise manner, the reciprocal rights,
privileges and immunities of the consuls gene
raj, consuls, vice consuls, aud consular agents,
their chancellors and secretaries of the United
States of America, and of the Austro- Hungarian
monarchy, and TO determine their duties and
Their respective sphere of action, have agreed
upon the conclusion of consular convention,
and for that purpose have appointed their re-
spectiye Plenipotentiaries, namely the Prcsi-
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-
cles: II
AsTIcLBI. tll
Each of the high contracting parties shall be
at liberty to establish consus general consuls
fiee-consuls or consular agents at the ports and
places OF trade OF the other party, except those
Where III may not be convenient to recognize such
officers; but this exception shall not apply to one
OF the nigh contracting parties without also APP
plying to every other power.
pyt,1c
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 respectively appointed
The said functonaries 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 or state iudi-
cial or executive, of the ports cities, and places
of their residence and district, to the endowment
OF the prerogatiyes reciprocally granted
ARrIcLEII.
The consuls general, consus, vice-consuls. and
consular agents, their chancelors and other CON
sular officers, if they are citizens of the state
which appoints them, shall be exempt from mill
tary 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 i'll which they reside, or 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 imlnlln-
ties except for acts regarded as crimes by the
laws of the country in which they reside
Ii they are engaged in commerce. personal de-
lentlon can be resorted to in their case only for
commercial liabilities, and then in accordance
only with general laws, applicable to all persons
alike. 4l-
ARTICLE III.
Consuls general, consuls, and their ehancellors.
and consular officers, if citizens of
the country which appoints thenl shall not be
summoned TO appear as witnesses before n court
of justice, except when, pursuant to law the tes-
timony or n consul may be necessary for the de-
fence OF Il person charged with crime
In other cases. the local court when il 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 il to writing, shall ask of him written
ARTICLE w.
Consuls general, consuls, vice-consuls, and con-
sular agents shall be at liberty TO place over the
chief entrance of their respective Offices the or,nc
of their nation, with the inscription: ''Consulate
General" Consulate "yice- Consulate" or
Consular Agency us may be.
They shall also be at liberty TO hoist the flag of
their country on the consular ediflee except when
they reside in city where the legation of their
government may be established. They shall also
be at liberty to hoist their flag on board the YES
sci employed by them in port for the discharge of
their duty. M sA,
ARTICLE "
The consular archives shall be at all times in
yiolabe, and under no pretence whatever shall
the local authorities be allowed to examine or
seize the papers forming part ct them
ARTICLE VI.
In the event of incapacity, ABSENCE or death
Of consuls general, consuis, yice-consuls, their
consular pupils, chanchelors, or secretaries
whose official character may have been pre-
viously made known to the respective authorities
m the United States or in the Austro- Hungarian
empire, shall be admitted al once to the temuo,.,
y exercise of the consular functions. and they |
shall, for the duration of it, enjoy all the imm,I
Mites, rights, and privileges conferred upon them
BY this convention.
ARTICLE VII.
Consuls general and consuls shall have tho no.
yer to appoint vice-consuls and consular agents |
n the cities, ports, and towns within their con-
ular districts, subject, however, to the apnrobr- |
non OF the government ofthe country where they |
'eside.
These yice-consuls and consular agents may he |
elected indiscrimately from among citizens of |
he Two countries or from foreigners, and they
hall be furnished with a commission issued nv |
he appointing consul, under whose orders they |
ire to be placed.
They shall enjoy the privileges and liberties
tpulated in this convention.
To yiee-consuls and to consular agents who arc
lot citizens OF the state which appoints them. the
privileges and immiinities specified in Article III |
hall not extend l
ARTICLE VIII.
Consuls generals, consuls, yice-consuls Or com
uiitf agents OF tile two countries may in the OK
rcise OF their duties, apply to the authorities
'lthn their districts, whether federal or local
N In.
on of the treaties and conventions between The
NO countries; also for the purpose of protecting
lie rights of their countryInen
Should the said authorities fail TO take dine no
ce OF their applications they Shall be at liberty.
! ine absence OF any diplomatic representative
their country, to apply TO the government of
ie country where they reside.
ARTICLE1x
Constls general, eonsuls, yice-conslls, or con-
ltf agents OF the two countries, also their cham
lellors, shall have the right to take at their Of
,e al the residence of the parties, or on board
mp, lne dispositions of the captains and crews of
,ssels OF their own nation, of passengers on i
'ard OF them, OF merchants, or any other citi- | !
ms of their own country. ;
They shall have the power also to receive and ,
rlfy conformably to the laws and repulations i
their country lst Wills and requests of their
and all such acts and contracts Ia l
'een Their cointrynen as are intended to he /
avn up III an authentic form and verified %
~ and al acts OF agreement entered upon be- II
cen citizens OF their own country and iphabi
nts OF the country where they reside 4 III +
All such acts OF agreement, and other instru-
enfs, and also copies thereof when duly an |
ehticaied by such consul general, consul vice /
hSul, or consular agent under his official seals
IN nc received IN courts OF justice legal doc
nents, or as authenticated COPIES as the ease
~ be, and shall have the sauna force al -.