The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-10-22

A PROCLAMATION.
! Whereas a convention between the United
States Of America and the German Empire, re.
| lating to the rights, privileges immunities, az
duties of Consuls, and to the Protection OF Trade
Marks. was signed at Berlin on the eleventh day
of December. In the year of our Lord one tn u
sand eight hundred and seventy-one, by their re
slective Plenipotentiaries;
| And whereas as Protocol thereto was signed
| by the said Plenipotentiaries on the twenty
ninth day of April last; which convention and
Protoc' l, in the English and German languages
| are. word for word. as follows:
| The President ofthe United States of America
| and His Majesty the Emperor of Germany,
! King of Prussia, in the name of the German
EMPIRE led by the wish to define the rights,
| privileges, immunities, and duties Of the re-
spective Consular Agents, have agreed upon the
| conclusion Of q Consular Convention, and for
| that purpose have appointed their Plenipoten-
| ttarles, namely:
The Presi ent of the United States OF Amer
lea, George Bancroft, Envoy Extraordinary and
| Minister Pienipotentiary, from the said States,
near His Majesty the Emperor of Germany !;
His Majesty the Emperor of Germany, King OF
Prussia, Bernard KONG, His Prigy Councillor of
Legation, who have agreed to and sig ed the
following articles
ARr l.
Each of the Contracting Parties agrees to re-.
ceive from the other Consuls General Consuls,
Fice-Consuis. and Consular Agents, in all its
ports, cities. and places, except those where 1t
This reservation, however, shall not apply to
one of the Contracting Parties without also ap.
plying to every other Power.
ART. II.
The Consuis General, Consul, Vice. onsuls
or Consular Agents. shall be reciprocaly received
and recognized, on the presentation of their
commissions, In the forms established in ther~re.
spective countries. The necessary exequatur for
the exercise OF their functions shall be furnished
10 them free OF charge, and, on the exhibition
OF this instrument, they shall be admitted at
Cnce, and without difficulty, by the territorial
authorities. Federal state, or communal, judi,
'ia CT executive of the ports, cities, and places
of their residence and district TO the enjoyment
of the prerogatives reeiprocally granted. The
Government that furnishes the exeuuatur re-
serves the right to withdraw the same on a state.
ment Of the reasons for which it has thought
proper to do so.
ART. III.
The respective Consuls General, Consuls Vice
Consuls, or Consular Agents, as well as their
ehanoellors and secretaries, shall enjoy In the
two countries all privileges, exemptions, and
mmunities which have been granted, or may In
future be granted to the agents ofthe same rank
OF the most favored nation. Consular officers,
not being citizens OF the coun try where they are
accredited, shall enjoy, in the country of their
residence, personal Immunity from arrest or inn
prisonment except in the case of crimes, ex
emption from military billetlngs and csntribu.
uo"s, from military service of every sort and
other public duties, and from all direct or per-
sonal or sumplnary taxes, duties, and contIibu-
tions, whether Federal State or municipal II,
however, the said consular officers are or become
owners OF property in the country in which they
reside, or engage III commerce. they shall be
subject to the same taxes and imposts, and TO
the same jurisdiction, Us citizens OF the country,
property holders. or merchants. But under no
circumstances shall their official income be SUBJ
Ject to any tax. Consular officers who engage
in commerce shall not plead their consular priv
ileges 10 avoid their commercial lab ilities Con-
sular officers of either character shall not in any
event be interfered with in the exercise of their
official functions further Ia midi IL,
for the administration of the laws OF the coun-
try.
Arr ".
Consuls General, Consuls, yice-Consuls, and
Consular Agents may place over the outer door
Of their offices, or Of their dwellings, the arms
Of their nation with the proper inscription indi-
eatiye of the office. And they may also hoist
the flag Of their country on their consular ed ice
except in places where a legation of their coun
try is established.
They may also hoist their flag on board any
vessel employed by them in port for the discharge
of their duty.
The consular archives shall DO at ali times
inyiolab!e, and under no pretence whatever shall
the local authorities be allowed to examine or
seize the papers forming part of them. When,
however, a consular officer is engaged in other
business, the papers relating to the consulate
snail be Kept i'll separate enclosure
The offices ana dwellings or Consules mlssi
who are not citizens Of the country of their resi-
Gence shall be at all times inviolable The local
authorities shall not except in the cas- OF the pur
suit for crimes, under ANY pretext invade them
In no case shall they examine or seize The papers
there deposited. In no event shall those Offices
or dwellings be used as place. Of asylum.
Arr. VI,
In the event OF the death, prevention, or abb
sence Of Cons uls General, Consus, Vice Consuls,
and Consular Agents, their chancellors or secre-
taries, whose official character may have previ-
ousy been made known TO the respective author
tiles in Germany or In the United States, may
aynr isa thair fms nd h,Ia
thus acting, they shall enjoy all the rights. pre-
negatives, and immunilies granted by this con.
ventlon to the incumbents.
ART. VII.
Consuls General and Consus may, with the
appreciation OF their respective Governments,
appoint Fice-Consuls and Consular Agents In
the cities, ports, and places within their consu.
lar Jurisdiction. These officers may be citizens
of Germany. of the United States, or any other
country. They shall be furnished with q com.
mission by the Consul who appoints them and
under whose orders they are to net, or by the
Government of the country which he represents.
consular officers In this convent Oh, subject to the
exceptions specified in Article III.
ART. VIII.
Consuls General, Consuls, Vice Consuls and
Consular Agents shall have the right TO apply to
the authorities of the respective countries,
whether Federal or local, judicial or executive,
within the extent OF their consular district f,r
the redress OF any infraction of the treaties and
or of International law: to ask information OF
said authorities, and to address said authorities
to the end OF protecting the rights and interests
Of their countrymen especially in cases of the
absence OF the latter; IN which cases such Con-
suls, etc, shall be presumed to be their legal
representatives. II due notice should not be taken
of such application, the consular officers afore-
said, in the absence OF diplomatic agent of their
country, may apply directly to the Government
of the country where they reside
ART. TX.
Consuls General, Consuls, Vice-Consuls, or
Consular Agents OF the two countries, or their
chanceliors, shall have the righi, conformabiy to
the laws and regulations of their country
]. To take at their office or dwelling, at the
residence of the parties, or on board of vessels of
their own nation. the dispositions of the captains
and crews, Of passengers on board of them, of
merchants. or OF any other citizen of their own
country.
g. To receive and verify nnilateral acts, Wills,
and requests of their countrymen, and any and
| all acts OF agreement entered upon between citi-
zens Of their own country, and between such
citizens and the CITIZENS or other inhabitants of
the country where they reside: and also all CON
tracts between the latter provided they relate to
property situated or to business to be transacted
in the territory Of the nation by which the said
consular officers are appointed se~e--
All such acts of agreement and other instru-
when duly authenticated by such Consul Gen
| er*l, Consui, ce-Consul, or Consular Agent un-
der bis official SEAL shall be received by public
officials and m courts of justice as legal doeu-
mentst as the case may be. and shall have the
same fprce and effect as If drawn up or anthem.
tieatsd by competent public officers Of one or the
| other Of the two countries. -i',s
/ .-a-- 81 --~ - ART. X
| In case of the death OF any citizen of Germany