Imágenes de páginas
PDF
EPUB

cused may understand precisely what he is charged with. It must set forth the substantial and material features of the offense. (In re Farez, 7 Blatchford, 34; 5 Blatchford, 414; In re Adutt, 55 Fed. Rep., 376.) In the case of In re Farez, where the charge was forgery. the court held that it was not enough to charge in the complaint the crime of forgery generally, but that time and place and the nature of the forgery and of the forged instruments must be sufficiently specified. In the case of Ex parte Van Hovon (4 Dillon Reports. 411), also a case of forgery, which arose under the Belgian treaty which contains a provision using language almost identical with that contained in the Spanish treaty, a complaint was held insufficient which did not specify the kind of obligations forged, or the character of the papers, or the nature of the instruments of credit forged. It would appear, from the letter of the Attorney General and from the statements in your note, that it was not possible for your consul general to make a complaint containing the allegations which are by our courts declared to be essential. Under these circumstances it is submitted that it can not be said that United States Commissioner Shields has failed to observe the stipulations of the treaty.

Accept, etc.,

P. C. KNOX.

SWEDEN.

CONVENTION BETWEEN THE UNITED STATES AND SWEDEN DEFINING THE RIGHTS, PRIVILEGES, AND IMMUNITIES OF CONSULAR OFFICERS.

Signed at Washington, June 1, 1910; ratification advised by the Senate June 13, 1910; ratified by the President February 27, 1911; ratified by Sweden February 3, 1911; ratifications exchanged at Washington March 18, 1911; proclaimed March 20, 1911.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a convention between the United States of America and the Kingdom of Sweden defining the rights, privileges, and immunities of consular officers was concluded and signed by their respective plenipotentiaries at Washington on the first day of June, one thousand nine hundred and ten, the original of which convention, being in the English and Swedish languages, is word for word as follows:

The President of the United States of America and His Majesty the King of Sweden, being mutually desirous of defining the rights, privileges, and immunities of consular officers of the two countries, and deeming it expedient to conclude a consular convention for that purpose, have accordingly named as their plenipotentiaries:

The President of the United States of America, Philander C. Knox, Secretary of State of the United States of America; and

His Majesty the King of Sweden, Herman Ludvig Fabian de Lagercrantz, his envoy extraordinary and minister plenipotentiary at Washington;

Who, after having communicated to each other their respective full powers, found to be in good and proper form, have agreed upon the following articles:

ARTICLE I.

Each of the high contracting parties agrees to receive from the other consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, and consular agents in all its ports, cities, and places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other power.

ARTICLE II.

The consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, and consular agents of each of the two high contracting parties shall enjoy reciprocally in the

States of the other, all the privileges, exemptions, and immunities that are enjoyed by officers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commission in the forms established in their respective countries. The Government of each of the two high contracting parties shall furnish the necessary exequatur free of charge, and, on the exhibition of this instrument, the said officers shall be permitted to enjoy the rights, privileges, and immunities granted by this convention.

ARTICLE III.

Consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, and consular agents, citizens of the State by which they are appointed, shall be exempt from arrest except in the case of offenses which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military billetings, service in the Regular Army or Navy, in the militia, or in the National Guard; they shall likewise be exempt from all direct taxesnational, State, or municipal-imposed upon persons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where said officers exercise their functions, or for income from pensions of public or private nature enjoyed from said country. This exemption shall not, however, apply to consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, or consular agents engaged in any profession, business, or trade; but the said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances.

ARTICLE IV.

When in a civil case a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul general, consul, vice consul, or consular agent, who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally, and it shall be the duty of such officer to comply with this request with as little delay as possible; but in all criminal cases, contemplated by the sixth article of the amendments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office, and it shall be the duty of such officer to comply with said demand. A similar treatment shall also be extended to the consuls of the United States in Sweden, in the like cases.

ARTICLE V.

Consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, and consular agents may place over the outer door of their offices the arms of their nation, with this

inscription: Consulate general or consulate, or vice consulate, or consular agency of the United States or of Sweden.

They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may in like manner raise the flag of their country over the boat employed by them in the port and for the exercise of their functions.

ARTICLE VI.

The consular offices shall at all times be inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a consular officer is engaged in other business, the papers relating to the consulate shall be kept separate. Nor shall consular officers be required. to produce the official archives in court or to testify as to their

contents.

ARTICLE VII.

In the event of the death, incapacity, or absence of consuls general, consuls, vice consuls general, vice consuls, and consular agents, their chancellors or secretaries, whose official character may have previously been made known to the Department of State at Washington or to the minister for foreign affairs in Sweden, may temporarily exercise their functions, and while thus acting shall enjoy all the rights, prerogatives, and immunities granted to the incumbents.

ARTICLE VIII.

Consuls general and consuls may, so far as the laws of their country allow, with the approbation of their respective Governments, appoint vice consuls general, deputy consuls general, vice consuls, deputy consuls, and consular agents in the cities, ports, and places within their consular district. These agents may be selected from among citizens of the United States or of Sweden, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Article III.

ARTICLE IX.

Consuls general, consuls, vice consuls general, vice consuls, and consular agents shall have the right to address the authorities whether, in the United States, of the Union, the States, or the municipalities, or in Sweden of the State, the Provinces, or the commune, throughout the whole extent of their consular district, in order to complain of any infraction of the treaties and conventions between the United States and Sweden, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they exercise their functions.

ARTICLE X.

Consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, and consular agents of the respective countries may, as far as may be compatible with the laws of their own country, take at their offices, their private residences, at the residence of the parties concerned, or on board ship, the depositions of the captains and crews of the vessels of their own country and of passengers thereon, as well as the depositions of any citizen or subject of their own country; draw up, attest, certify, and authenticate all unilateral acts, deeds, and testamentary dispositions of their countrymen, as well as all articles of agreement or contracts to which one or more of their countrymen is or are party; draw up, attest, certify, and authenticate all deeds or written instruments which have for their object the conveyance or encumbrance of real or personal property situated in the territory of the country by which said consular officers are appointed, and all unilateral acts, deeds, testamentary dispositions, as well as articles of agreement or contracts relating to property situated or business to be transacted in the territory of the nation by which the said consular officers are appointed; even in cases where said unilateral acts, deeds, testamentary dispositions, articles of agreement, or contracts are executed solely by citizens or subjects of the country within which said consular officers exercise their functions.

All such instruments and documents thus executed and all copies and translations thereof, when duly authenticated by such consul general, consul, vice consul general, vice consul, deputy consul general, deputy consul, or consular agent under his official seal, shall be received as evidence in the United States and in Sweden as original documents or authenticated copies, as the case may be, and shall have the same force and effect as if drawn up by and executed before a notary or public officer duly authorized in the country by which said consular officer was appointed; provided, always, that they have been drawn and executed in conformity to the laws and regulations of the country where they are intended to take effect.

ARTICLE XI.

The respective consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuls, and consular agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of any dif ferences which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to the adjustment of wages and the execution of contracts. The local authorities shall not interfere except when the disorder that has arisen is of such a nature as to disturb tranquillity and public order on shore or in the port, or when a person of the country or not belonging to the crew shall be concerned therein.

In all other cases the aforesaid authorities shall confine themselves to lending aid to the said consular officers, if they are requested by them to do so, in causing the arrest and imprisonment of any person whose name is inscribed on the crew list whenever, for any cause, the said officers shall think proper.

« AnteriorContinuar »