Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-01-06

AND THE
AUSTRO - HUNGARIAN MONARCHY,
Rights, ETC., of ConsuIs.
Signed July IL, 1870; Ratified December 10, 1870
Notifications exchanged June &c, 1871;
Proclaimed June %, 1871.
By the President Of the United States Of America:
PROCLAMATION.
Whereas, convention between the United s 4tes
OF America and his Majesty the Emperor of Austria,
King of Bohemia, &c, and Apostolic King of Hunga-
ry, concerning the rights privileges immunties and
duties of consuls of either country residing in the
other, was concluded and signed at Washington by
their respective Plenipotentiaries the eleventh
day of July, 1870; which convention, being in the
English and German languages, is word for word as
follows
The President of the United States of America and
his Majesty the Emperor Of Austria, King of BOhe-
mia, &C., and Apostolic King of Hungary, animated
by the desire to define, in a comprehensive and
else manner, the reciprocal rights, privileges, et
munities of the consuls general, consuls, vice
suls and consular agents. their chanceors and
tarles, OF the United states OF America and OF the
Austro-H 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 respective
Penpotentaries, namely the President of the United
States Of America Hamilton Fish, Secretary of State
Of the United Sates and his Majesty the Emperor Of
Austria, Apostolic King of Hungary Charles, Baron
Lederer, Knight of the Imperial and Royal Order
of Leopold, and his Najesty's Envoy Extraordinary
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 articles:
ARTICLE
Each of the high contracting parties shall be at lib
erty to establish consuls general, consus, vice
sus, or consular agents at the ports and places of
trade of the other party, except those where it
not be convenient to recognize such ocers but this
exception shall not apply to of the high contract
ing parties without also applying to every other
power.
Consuls general, cousuls, and other consular Off
appointed and taking Office according to the pro-
visions of this article in 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 ap
pointed.
The said functionaries shall be admitted and recog-
niZed, respectively upon presenting their credentials
in accordance with the rules and fOrmaties estab-
lished in their respective countries.
The eXequatur required for the free exercise of
their official dnties shall be delivered to them free of
charge; and upon exhibiting such exequatur, they
shall be admitted at once and without interference by
the authorities, federal state, judicial executive,
OF the ports, cities and places of their residence and
district 10 the enjoyment of the prerOgaves recpro
cally granted.
ARTICLE H.
The consuIs general consuls vice eonsuls and con-
sular agents, their chancellOrs, and other consular
Office 5, if they citizens of the State which ap-
points them, shall be exempt from military biletings,
from service IN the military or the national guard,
and other duties of the nature and from all di-
rect and personal taxation whether federal state or
municipal provided they be not of real estate
and neither carry trade any industrial bust
ness.
H. however, they not citizens of the State which
appoints them, if they citizens the State
which they reside, or if they property, engage
in any business there that is taxed under any laws of
the country then they shall be subject to the
taxes charges and assessments as other private in
dividuals.
They shall. moreover enjoy personal immunities,
exception acts regarded crimes by the laws of the
country in which they reside.
Ifthey are engaged in commerce. personal deten-
ton be resorted to in their only for
cia liabilities, aud then in accordance only with gen.
eral laws, applicable to ali persons alike.
ARTICLE III.
Consuls general cOnsus, and their chancellors
vice consus and consular officers, if citizens of the
country which appoints them, shall not be summoned
to appear witnesses before court OF justice except
when pursuant to law, the testimony of consul may
be necessary for the defense OF person charged with
crime.
In other cases the local court, when it deems the
testimony OF consul necessary shall either go to his
dwelling to have the testimony taken orally shall
send there competent officer to reduce to writing,
or shall ask OF him a written declaration.
ARTICLE ".
Consuls general consuls, vice consuls, and consul
lar agents shall be at liberty TO place the chief
entrance of their respective offices the Of their
nation with the inscription: Consulate General"
Consulate" ." Vice Consulate" or Consular Agen-
cy," as may be.
They shall also be at liberty to hoist the flag of their
country on the consular edhce, except when they
side in city where the legation of their government
may be established. They shall also be at liberty to
hoist their flag board the vessel employed by them
in port for the discharge of their duty.
ARTICLE V.
The consular archives shall be at all times inviola-
BILE. and under pretence whatever shall the LEGAL
authorities be allowed to examine seize the papers
forming part Of them.
ARTICLE VI.
In the event Of incapacity, absence, or death Of
consuls general consus, vice consuls their consular
pupils, chancelors, secretaries whose official char
acter 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 functions
and they SHALL for the duration of it, enjoy all the i'm
munties rights, and privileges conferred upon them
by this convention.
ARTICLE VII.
Consuls general and consuls shall have the power
to appoint vice consuls, and consular agents in the
cities ports, and towns within their consular dis
trcts subject, however, to the appreciation of the
government of the country where they reside.
These vice consus, and consular agents may be Sc
lected 1nd1scr1mlnatey from among citizens OF the
two countries or from foreigners. and they shall be
furnished with a commission issued by the appoint
ing CONSUL under whose orders they to be placed
They shall enjoy the privileges and liberties stipu-
lated in this convention.
To vice consus and to consular agents who are not
citizens of the State which appoints them the prvi-
leges and immunities specified in Article II shall not
extend.
ARTICLE VIII.
Consuls general consuls, vice consuls, or consular
agents of the two countries may, in the of
their duties apply to the authorities within their dis
trcts whether federal local. Judicial or executive
in the event Of any inrscon OF the treaties and con-
ventions between the two countries also for the pur
pose of protecting the rights of their countrymen.
Should the said authorities fail to take due notice Of
their application, they shall be at liberty in the alb
of any diplomatic representative of their
try apply to the government of the country where
they reside.
ARTICLE X.
Consuls general consuls, vice consus. or consular
agents Of the two countries, also their chancelors
shall have the right to take at their Office at the resi-
dence Of the parties, or on board ship, the depOsi-
tons of the captains and of vessels of their
own nations, of passengers board of them, of mer
chants any other citizens of their own country.
They shall have the power also to receive and yeri
fy conformably to the laws and regulations of their
country LIST. Wills and requests Of their country
men, and all such acts and contracts between their
countrymen as are intended to be drawn up III
thentic form and verified. I'd. Any aud all acts Of
agreement entered upon between citizens of their
country and inhabitants of the country where they
reside.
All such acts of agreement and other instruments,
and also copies thereof when duly authenticated by
such consul general, CONSUL vice CONSUL consular
agent under lis official SEALS shall be received in
courts of leg Al documents, or as authenti-
Gated copie-, the may be, and shall have the
same force and effect as if drawn up by competent
public officers Of the other of the two coun-
tries.
COnsuls general, consuls, vice consuls or consular
agents Of the respective countries shall have the pow
er to translate and legalze all documents issued by
the authorities or funcionaries of their country
and such papers shall have the force and effect
in the country where the aforesaid officers reside as
if drawn up by sworn interpreters.
ARTICLE Y.
COusus general, cOnsuls, vice consuls or consular
agents shall be at liberty board the vessels of
their nation admitted to entry, either in person
by proxy, and to examine the captain and crew, to
look into the register of the ship to receive decara