New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-02
o. FICI A l..
TREATIES AND PROCLAMATIONS.

the United States of America:
Convention between the United States of
America and the Austrn-Hungarian mon
archy. Rights, etc. of consuls. Signed
July ii. 1870: ratified December 10, 1870
Publications exchanged June 90, lS1l l.;
proclaimed June 70, 1871.
Whereas convention between the United
States of America and his majesty the en-
l,ercr of Austria king Of Bohemia, etc. and
| apostolic king OF Hungary, concerning the
| rights. privileges, immunities and duties OF
| consuls Of either country residing III the
| other. was concluded and signed at Wash
| ingt0n by their respective plenipotentaries
| on the eleventh day of July, 1870, which
| convention, being i'll the English and Ger
| man languages. is word fer word as follows
| The President of the United States of
| America and His Majesty the Emperor OF
I Austria, King of Bohemia, etc, and Apos-
| tolic King OF Hungary, animated by the
| desire to- define, in a comprehensive and
precise manner, the reciprocal rights, priv
| ileges and immunities of the cOnsus gen
| eral, cUnsuls. vice cOnsulS. and consular
| agents. their chancelors and secretaries, of
the United States of America and of the
| Acknowledgements monarchy, and to deter
mine their duties and their respective
| sphere of action, have agreed upon the
| conclusion OF a 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 Lederer. knight of the imperial
and royal order of Leopold. and his majcs-
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 1.
Each OF the high contracting parties shall
be at liberty to establish consuls general.
consuls, vice consuls, or consular agents at
the ports and places of trade of the other
party. except those where it may not be
convenient 10 recognize such officers but
this exception shall not apply to one of the
high contracting parties without, also, ap-
plying to every other power.
Consuls general. consuls and other
consular officers appointed aud taking
Office according 10 the provisions
of this article in one or the other
of the two countries, shall be free
to exercise tie right accorded them by the
present convention throughout the whole
of the district for which they may be re-
spectively appointed.
The said tunctiOnaries shall be admitted
and recognized, respectively, upon present
ing their credentials in accordance with the
rules and fOrmalties established in their
respective countries.
The exequatur required for the free ex-
ercisc Of their official duties shall be dciiv
cred to them free OF charge; and upon
exhibiting such exeQuatur they shall be ;ad
mtted At once and without interference by
the authorities. federal or State, judicial or
executive, OF the ports. cities, and places of
their residence and district, to the enjoy
ment of the prerOgatives reciprocally
granted.
ARTICLE II.
The consuls general cOnsulS, vice cOnsuls
and consular agents. their chancellors anG
other consular officers. if they are citizens
OF the State which appoint them shall be
exempt from military billetings, from ser
vice 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. pro-
vided 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 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 i'm
munitles, except for acts regarded as crimes
by tie laws OF the couri try in which they
reside.
Ii they are engaged in commerce. per
sonal detention can be resorted 10 in their
case only for commercial liabilities. ard
then in accordance only with general laws,
applicable to ali persons alike.
ARTICLE III.
Consuls general. consuls, and their chan
celiors, vice consuls. and consular officers, if
citizens OF the country which appoints
them. shall not be summoned to appear as
witnesses before 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 if TO writing.
or shall ask OF him written declaration.
ARTICLE ".
Consuls general. consuls, vice consuls.
and consular agents shall he at liberty to
place over the chief entrance Of their re-
spectlve Offices the arms of their nation, |
with the inscriptions " Consulate General
Consulate, Vice Consulate" or Consul !
lar Agency. may be.
They shall also be at liberty to hoist the |
lag OF their country on the consular editicc, |
except when they reside in a city where the |
legation OF their government NAV be cstab- |
ished. They shall also be at liberty to !
loist their flag on board the vessel en- |
,loyed 10y them IN port for the discharge of |
heir duty.
ARTICLE V.
The consular archives shall he At all /
ines inviOlahle and under no prr.cnse (
whatever shall the local authorities be
Lllowed to examine or seize tie papers
orn!ng part @! them.
ARTICLE VI
In the event OF incap&citv. absence or
icalh Of consuls general. cOnsuls, vicr-coll-
uIs their consular pupils, chanccllor5 or
ecretarioS. whose official character may
rave been previously made known to
he respective authorities i'll the United
states, Or III the Au>tro Hungarian empire.
hall be admitted at once TO the TEMPORARY
Ncrcise of the consular functions, and they
hall, tor the duration OF it, enjoy all tie
rights and privileges conferred
lpOu them by This convention.
ARTICLE VII
Consuis general and consulS shall have
he power TO appoint vicc-con.uls and con
ular agents i'll the cities, ports and towns
within their consular Districts subject. how
yer. TO the appreciation Of the government
# the country where they reside.
These yicc-consuIs and consular agents
nay be selected indiscriminatclv from
mong citizens of the two countries or from
oreigncrs. and they shall be furnished with
commission issued by the appointing cor
NJ, under whose orders they are 10 DC
laced.
They shall cnjoy the privileges and libcr-
les stipulated in this convention