The Portland daily press., 1873-04-21
CONVENTION
BETWEEN THE
United States and the German
Empire.
t--..-ttrl
Respecting Consals and Trade-Marks.
BIGSED DECEMBER II. 1871; EXCHANGED
APRIL 20, 1872; PROCLAIMED JUNE 1, 1872.
CONVENTION
BY THE PRESIDENT OF THE limited STATES
STATES OF AMERICA:
A PROCLAMATION.

al or
ofour Lord one thousand eight hundred and
And whereas Proctecol thereto was sig,n.d =, ~, .
said Planpotentiaries on the twenty-nfntS ~ tne
April last; which Convention ana Protoco1 Ivy a., o.
English language, is word for word as fooNs. ~ 'ne
The President OF the United States of Emeric,
and His Majesty the Emperor Of Germany, King Of
the wish to define the rights, privileges, immunties
and duties of the respective Consular Agents, lave
agreed upon the conclusion of Consular Convention
and for that purpose have appointed their Plenpo.
tentiaries, namely:
The President of the United States of America
George Bancroft, Envoy Extraordinary and Minis,
ter Penipotentary from the said States near His
Majesty s Be G Gefp@5ST of liz
KONG, His Privy Councillor of Legation, who have
agreed to and signed the following articles ~
ARTICLE L.
Each of the Contracting Parties agrees to receiva
from the other COnsuls General, Censuls, Vice Con-
suls and Consular gents in all its ports cities and
places, except these where It may not be convenient
10 recognize such officers. This reservation howey-
err shall apply to Of the Contracting Parties
without also applying to every other Power.
ARTICLE 2.
The Consuis General Consuls, vice-Consuls, or
Consular Agents shall be reciprocally received and
recognized or the presentation OF their commissions,
in the forms established in their respective countries
The necessary exequatur for the exercise Of their
functions shall be furnished to them free Of charge
and the exhibition of this instrument, they shall
be admitted at once and without diff ulty, by the
authorities ! Federal State
of their residence and district, the enjoyment Of
the prerogatives reciprocaly granted The Govern
TO withdraw the statement Of the easons
for which it has thought proper to do
ARTICLE 8.
The respective Consuls-Genera Consuls, Vice
Consus or Consular Agents, as well as their chancel-
Tors and secretaries shall enjoy in the two countries
all privileges, exemptions, and immunities which
the agents Of the same rank Of the most taSored ma
ton. consular officers, not being citizens Of the
country where they are accredited, shall enjoy, in
the country OF their residence, personal immunity
from arrest or imprisonment except in the case OF
crimes, exemption from military bietings and con-
tlioutcns, nom military service OF every sort, and
other public duties and from all direct or personal or
s9inptuary taxes, duties and contributions whether
Federal, State, municipal. Ii, however, the said
consular officers become owners of property in
the country IN which they reside, engage In COM
Inerce they shall be subject to the same taxes and
imposts and to the same jurisdiction as citizens of
the country, property-hollers CT merchants. But
under no circumstances shall their o1icIal income be
subject to any tax. Consular officers who engage in
commerce shall not plead their consular privileges to
avoid their commercial liabilities. Consular officers
of either character shall in any event be interfer-
ed with in the exercise of their official functions
further than is Indispensable for the administration
CT the laws OF the country
AnTIcLE4.
Consuls General, Consuis, Vice-Consus and Con-
offices, of their dwellings, the arms of their ma
tion with the proper Inscription indicative OF the Of
fce And they may also hoist the flag of their coun-
try on their consular edihce, except in places where
legation OF their country is established. III
They may also hoist their flag on board any vessel
employed by them in port for the discharge of their
duty
ARTIcLE5
Theconsuar archives shall be at all times nyiolable
and unde. no pretenee whatever shall the local au-
tholiies be allowed TO examine seize the papers
forming ,ag part OF them When, however, consular
ofcer Is engaged in other business the papers relat-
closure. .fN-''N ~
The Offices and dwellings, of Consuies missi who are
not citizens OF the country their residence shall he
at all times inviolab.e The local authorities shall
not except in the case Of the pursuit for crimes
der any pretex invade Them In no case shall they
examine or seize the papers there deposited. In no
OF asylum.
In the event Of the DEATH prevention or absence of
Consuls General Consus. VicesConsuls and Consular
Agents, their chaIceors secretaries whose Official
character may have previously been made known to
the respective authorities in Germany in the Unit
and thus aching they SHAH enjoy sa ali 5e rahs
prerogatiyes. and immunties granted by this con,
vention to the incumbents. -
ART1cLE7.
Consuls General and Consuls may, with the appro-
baton Of their respective Governments appont
Vice-Consus and Consular Agents in the cities boz ts
and places within their consular Jurisdiction These
effcers may be citizens of Germany, of the United
States, or any other country. They shall be furnish
ed with a commission by the Consul who APPOINTS
the Government Of the country which he REPRESENTS.
Iney shall enjoy the privileges stipulated for consular
specified in Article third y '-'N p'''A'
ARTICLES.
Consuls General, Consuls, vce-Consuls and Con-
sular Agents shall have the right to apply to the an
local. judicial or executive, within the eIen af
their consular District for the redresss of any infrac-
the two countries, of international law To ask in
formation of said authorities and to address said an
thorties to the end of protecting the rights and inter
ess OF their countrymen especially in cases of the
the absence Of the latter; in which cases such
Consnls, ETC., shall be presumed to be their legal
Of soch application the consular officers Aforesaid in
the absence Of diplomatic agent of their country
may apply directly to the Government of the country
where they reside.
-ssz ARTIcLE9.
cousuis General, Consuls, Vice-Consuls or Consu.
lar Agents OF the two countries or their chancelors
sna,i nave tee Iight conforinably to the laws and
l. To take at their office or dwelling at the resi-
dence OF the parties or on board of Of their
own nation, the depos tions of the captains and
crews OF passengers on board OF Them of merchants
or OF any other citizens OF their country.
2 10 receive and verify unnlateral acts wills
and bequests of their countrymen and auy and ali
act OF agreement entered upon between citizens of
.ner own country and between such citizens and the
citlzens OF other inhabitants of the country where
they reside and also all contracts between the latter
ae be % n I
by which The said consular officers are annointed
All such acts of agreement and other Instruments
and also copies and TRANSACTIONS thereof wben ni,
authenticated by such Consul General Consul Viccsy
Consul, or Consular Agent under his official cool
shall be received by public officials and in courts ~
justice as legal documents, authenticated con-
les the case may be, and shall have the same force
and effect If drawn up authenticated by CONNIE
tent public officers !of one tho other Of the Two
countries. E aN 80
ARTICLE 10.
In case of the death Of any citizen of Germany in
the United States, of any citizen of the United
States in the German Empire, without having In the
country OF his deccase any known heirs or testament
tary executors by him appointed the competent local
authorities shall at inform the nearest consular
officer of the nation to which the deceased belongs of
the circumstance, in order that the necessary inor
nation may be Immediately forwarded to parties in
terested.
The said consular officer shall have the right to ID
pear personally or by delegate in all proceedings on
behalf OF the absent heirs creditors until they are
Only represented Z = n = -
o. the contracting Parties shall pay in the country
OF the other such duties only they would be liable
S q pay II they were citizens Of the eonnery in which
toh OF the same may be exercised.
rrertr.r ARTICLE II. z-- rs-..--
Consuls General, Corsuls, Vice-consuls and Con-
s uar Agents of the two countries exclusively
charged with the inventorying and the safe-keepinr
Of goods and effects of every kind left by sailors or
passengers on ships of their nation who die either on
mort - p or on land during the Aoyage in the
-.t& fiGr ARTICLE IL. va[
TSonsus General, Consuls Vice Consuis and ron
or hv shall be at liberty to 90 eitler in person
ted 10 enry On board vessels of their nation admit
thasl
concerning the; papers, receive deciarations
Incidents Of The voyage, their destination and The
and lists of freiet also TO draw up manifasts
said others or crsSs and finally to anu
ra,ve tiews before the indcia the
,hair Of countV 10 or admins
'ngrL h.e pieesrs OF agents. ~ u assist them as
Inc 1udiclai authorities and -
Gals sna IN no case proceed to tbs eom-house off,
search Oh ACKNOWLEDGEMENTS witbne.e examination or
previous uotice to the consular o,cas having given
70 whch tne sald vessels belong in oI III the nation
the said consular officers to be present to enable
They shall also give due notice to ~ ~ |
omcers IN order to enable them to he sld consular
depo ftions or statements to be mad iesent at any
law OF before before local magistrates S courts Of
persons belonging to the crew. thus to ~ oncers
or faise interpretations which might prevent errors
rect Administration of Justice The na.;l the
snls pice,Consuls, or Consular Agents ne 70 Con-
the hour fixed for such proceedings Ino snail name
appearance of the said officers or tb;p on the non-
ss ses the case may be proceeded with i; epresena
.1-r ..-l ARTICLE 10.
suiar Agsn Seneral Consuls, viee-cons,,. -
ternai osS shall have exclusive cbar or COIL
and shall b o the merehant-vesseIs of f o, sne ILL.,
nizance of AMI the exclusive mower tn t n,taon'
lind which NJ 70 determine diferences On. 90 uog-
ta Az LILY arise, either at seq or =, "a p Every
.weef Ino oap'is. officers, and crews al ~ pc
IN reference 10 wages and the execut;on - p.y
contracts. Neither any or anthnr;t u Htual
any pretext interfere in these differences escant On