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

|
Consular Agents shall be at liberty TO go either
in person or by proxy on board vessels of thsii
GERS and crews to examine the ships papers to
receive decl Srations concerning their voyage
their destination, and the incidents of the yoy
age also to draw up manitests and lists OF
freight, 10 facilitate the entry and clearance OF
their vessels, and finally to accompany the said
officers or crews before the judicial or admins.
tratlve authorities of the country, to assist them
as their Interpreters or agents.
The judicial authorities and custom house
officials shall in no case proceed to the examina.
tton or search of merchant-vessels without hay.
Ing given previous notice to the consu ar officers
OF the nation 10 which said vessels belong, In
order to enable the said consular officers TO be
present
They shall also give due notice to the said con.
sular officers in order to enable them to be pre-.
sent ut any deposition or statements to be made
In courts OF law or before local magistrates, by
officers or persons belonging to the crew, thus to
prevent errors or false interpretations which
might impede the correct administration Of JUS
tiee. The notice to Consuls, Eice-Consuls, or
Consular Agents shall name the hour fixed for
such proceedings Upon the non-appearance of
the said officers their representative the
may be proceeded with in their absence.
ART. XIII.
| Consuis General, Consuls, Vice Cohsuls, or
| Consular Agents shall have exclusive charge of
| the internal order of the merchant vessels of
| their nation, and shall have the exclusive power
to take cognizance of and to determine dlferen.
ces of every kind which NAV arise either at sea
|
| crews, and specially in reference to
| wages and the execution of mutual contracts.
Neither any court or authority shall on any pre-
| text, interfere In these differences, except in
cases where the differences on board ship are of
| nature to disturb he peace and public order in
port, on shore, or persons other than the Off.
| GERS and crew of the vessel are parties to the
disturbance.
Except as aforesaid, the local authorities shall
confne themselves to the rendering of efficient
aid to the consuls, when they may ask 1t in order
hos
borne on the ships articles and whom they may
deem 1t necessary to detain. Those persons shall
be arrested at the sole request OF the consus, ad
dressed In writing TO the local authorities and
supported by an official extract from the register
OF The ship or the list of the crew, and shall be
hsld during the whole time of their stay in the
port, ut the disposal of the Consuls. Their re-
lease shall be granted only at the request OF the
Consuls made in writing
The expenses of the arrest and detention of
those persons shall be paid by the Consuls
ART. XIV.
Consuls General Consuls, Vice.C onsuls, or
Consular Agents may arrest the officers, Sailors
and all other persons making part of the crews
OF ships-ot.war or merchant vessels of their ma
ton, who may be guilty or be accused of hav ing
deserted said ships and vessels fer the purpose
Of sending them on board or back to their couu-
try.
To that end, the Consuls of Germany in the
United States shall apply to either the Federal,
State, or municipal courts or authorities and
the Consus of the United States in Germany
shall apply to any of the competent authorities
and make request In writing for the deserters
supporting it by official extract of The regis.
ter of the vessel and the list of the crew, or by
other official documents to show that tn 0 men
whom they claim belong to said crew. Upon
such request alone thus supported and without
the exaction of any oath from the Consuls the
deserters mot being citizens of the country where
The demand Is made either at the time of their
shipping or of their arrival in port) shall be Civ
en- up TO the ConsuIs. All aid and protection shall
be furnished them for the pursuit, seizure, and
arrest of the deser;ers, who shall be taken TO the
prisons OF the country and there detained at the
request and 1T the expense of the Consuls until
the said Consuls may find an opportunity of
sending them away.
If, however, such opportunity should not pre-
sent itself within the space OF three months,
counting from the day of the arrest the desert
ers shall be set at liberty, and shall not again be
arrested for the same cause.
ART. XIV.
In the absence OF an agreement 10 the contra.
ry between the owners, freighters, and Insurers,
all damages suffered at sea by the vessels of the
two countries, whether they enter port yolunta
nly, or are forced by stress of weather, shall be
settled by the Consuls General, Consuls, Vice.
Consuls, and Consular Agents Of the respective
countries. If. however, any inhabitant of the
country, or citizen or subject Of a third power,
shall be interested in the matter, and the par
ties cannot agree, the competent local authori-
ties shall decide
ARr. XVI.
In the event OF q vessel belonging to the Coy
ernment or owned by citizen of one of the two
Contracting Parties being wrecked, or cast on
shore, on the coast of the other the local author
ties shall inform the Consul General, Consul,
Nice-Consul, or Consular Agent of the district
OF the occurrence, or If there be no such consul
lar agency, they shall inform the Consul Gen
eral Consul, Vice Consul, or Consular Agent of
the nearest district.
All proceedings relative to the salvage of Anne
rican vessels wrecked cast on shore in the ter
ntorial waters of the German Empire shall take
place IN accordance with the laws of Germany;
and, reeiprocally, all measures Of salvage rela-
tive to German vessels wrecked or cast on shore
in the territorial waters of the United States
shall take place in accordance with the laws of
the United States.
The consular authorities have In both coun tries
to intervene only to superntend the proceedings
having reference 10 the repair and revictu alling
or, II necessary, to the sale Of the vessel wrecked
or cast on shore.
Forthe intervention Of the local authorities no
charges shall be made except such as In simi'&"
cases are paid by vessels OF the nation.
In case OF doubt concerning the nationality of
shipwrecked vessel the local authorities shall
have exclusively the direction of the proceedings
provided for in this a., ticle.
All merchandise and goods not destined for
consumption in the country where the wreck
takes place shall be free OF all duties.
ART. XVII
With regard to the marks or tables OF goods, or
OF their packages, and also with regard to pat
terms and marks OF manufacture and trade, the
citizens OF Germany shall enjoy in the United
States of America, and American citizens shall
enjoy In Germany, the same protection as native
citizens.
ART. XVIII.
The present convention shall remain in force
for the space of ten years counting from the day
of the exchange OF the Publications. which shall
be excnangst at Berlin within the period of six
months
In case neither party gives notice, twelve
months before the expiration of the said period
OF ten years, of its intention not to renew this
convention. IT shall remain In force one wear
longer and 30 on, from year 10 year, until the
piration OF year from the day on which ono of
the parties shall have given such noice.
In faith whereof the Plenipotentiares have
signed and sealed this Convention
Berlin. the 18th of December, 1871.
lL.al GEO. BANCROFT.
The undersigned met this dav in order to eff.
feet the exchange of the Publications of the
Consul r Convention, signed on the 18th day of
December, 1871, between the United States Of
America and Germany
Before proceeding TO this act, the undersigned
Envoy Extraordinary and Minister Plenipotan-
tiary of the United States of America declar d =
l. That in accordance With the instruction
given him by his Government, with the advice
and consent of the Senate, the expression PRO
perry" used in the English text of Articles Ill
and TX, Is to be construed Us meaning and inteAd
ing real estate;''
2, That, according to the laws and the CSnsti'
tuition of the United States, Article applies not
only 10 persons OF the male sex but also to per-
SONS of the female sex.
After the undersigned, President of the office OF
the Chau cellor OF the EN- pire, had expressed his
concurrence with this declaration, the cts Of rati
hcatton, found to be in good and due form, were
exchanged and the present protocol was in dup