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diction of the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas, the laws of Austria forbid the surrender of its own citizens to a foreign jurisdiction, the government of the United States, with a view of making the Convention strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States; therefore on the one part the United States of America and on the other part His Majesty the Emperor of Austria, having resolved to treat on this subject, have for that purpose appointed their respective plenipotentiaries to negotiate and conclude a Convention—that is to say:

The President of the United States, William L. Marcy, Secretary of State, and His Majesty the Emperor of Austria, John George Chevalier de Hülsemann, His said Majesty's Minister Resident near the Government of the United States, who, after reciprocal communication of their respective powers, have agreed to and signed the following articles:

ARTICLE I.

It is agreed that the United States and Austria shall, upon mutual requisitions by them or their ministers, officers or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the respective judges and other magistrates of the two governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. The provisions of the present Convention, shall not be applied, in any manner, to the crimes enumerated in the First Article, committed anterior to the date thereof: nor to any crime or offence of a political character.

ARTICLE II.

Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.

ARTICLE III. Whenever any person accused of any of the crimes enumerated in this Convention shall have committed a new crime in the territories of the State where he has sought an asylum, or shall be found, such person shall not be delivered up under the stipulations of this Convention until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof.

ARTICLE IV. The present Convention shall continue in force until the 1% of January, 1858; and if neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said 15 day of January, 1858.

ARTICLE V. The present Convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of Austria, and the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.

Done in duplicate at Washington the third day of July, in the year of our Lord one thousand eight hundred and fifty-six and of the Independence of the United States the eightieth.

W. L. MARCY

[SEAL.] HÜLSEMANN

[SEAL.] 1870.

CONSULAR CONVENTION.1 Concluded July 11, 1870; ratification advised by the Senate December

9, 1870; ratified by the President December 19, 1870; time for erchange of ratifications extended by the Senate May 12, 1871; ratifications exchanged June 26, 187.1; proclaimed June 29, 1871. (Treaties and Conventions, 1889, p. 31.)

ARTICLES. I. Officers recognized.

X. Authority as to shipping. II. Exemptions and immunities. XI. Disputes between masters and III. Exemptions as witnesses.

crews. IV. Use of arms and flags.

XII. Deserters from ships. V. Inviolability of archives.

XIII. Settlement of damages at sea. VI. Powers of acting officers.

XIV. Shipwreck proceedings. VII. Vice-consuls and consular agents. XV. Most favored nation privileges. VIII. Applications to local authorities. XVI. Notice of death of intestates. IX. Performance of notarial acts. XVII. Duration; ratification.

The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, &c. and Apostolic King of

1 Article IV, p. 14.

Hungary, animated by the desire to define in a comprehensive and precise manner the reciprocal rights, privileges and immunities of the Consuls-General, Consuls, Vice Consuls and Consular Agents (their Chancellors and Secretaries) of the United States of America and of the Austro-Hungarian Monarchy, and to determine 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 von Lederer, Knight of the Imperial and Royal Order of Leopold, and His Majesty'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 I.

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 to recognize such officers, but this exception shall not apply to one of the High Contracting Parties without also applying to every other Power.

Consuls-General, Consuls and other Consular officers appointed and taking office according to the provisions of this Article, in one or 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 appointed.

The said functionaries shall be admitted and recognized respectively upon presenting their credentials in accordance with the rules and formalities established in their respective countries.

The exequatur required for the free exercise of their official duties 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 or State, judicial or Executive, of the ports, cities and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted.

ARTICLE II.

The Consuls-General, Consuls, Vice Consuls. and Consular Agents, their Chancellors and other Consular Officers, if they are citizens of the State which appoints them, shall be exempt from military billetings, from service 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, provided they be not owners of real estate and neither carry on trade nor any industrial 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 immunities, except for acts regarded as crimes by the laws of the country in which they reside.

If they are engaged in commerce, personal detention can be resorted to in their case, only for commercial liabilities and then, in accordance only with general laws applicable to all persons alike.

ARTICLE III.

Consuls-General, Consuls, and their Chancellors, Vice Consuls, and Consular officers, if citizens of the country which appoints them, shall not be summoned to appear as witnesses before a Court of Justice, except when pursuant to law the testimony of a Consul may be necessary for the defence of a person charged with crime.

In other cases the local Court, when it deems the testimony of a Consul necessary shall either go to his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration.

ARTICLE. IV.

Consuls-General, Consuls, Vice Consuls and Consular Agents shall be at liberty to place over the chief entrance of their respective offices, the arms of their nation, with the inscription: “Consulate General”, Consulate”, “Vice Consulate” or “Consular Agency” as may be.

They shall also be at liberty to hoist the flag of their country on the Consular edifice, except when they reside in a city where the Legation of their Government may be established.

They shall also be at liberty to hoist their flag on board the vessel employed by them in port for the discharge of their duty.

ARTICLE. V.

The Consular Archives shall be at all times inviolable and under no pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them.

ARTICLE. VI.

In the event of incapacity, absence or death of Consuls-General, Consuls, Vice Consuls, their Consular Pupils, Chancellors or Secretaries, whose official character may have been previously made known to the respective authorities in the United States or in the AustroHungarian 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 immunities, 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 districts, subject however to the approbation of the Government of the country where they reside.

These Vice Consuls and Consular Agents may be selected indiscriminately from among citizens of the two countries or from foreigners and they shall be furnished with a Commission issued by the appointing Consul, under whose orders they are to be placed.

They shall enjoy the privileges and liberties stipulated in this convention. To Vice Consuls and to Consular Agents who are not citizens of the State which appoints them, the privileges 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 exercise of their duties apply to the authorities within their district, whether federal or local, judicial or executive, in the event of any infraction of the Treaties and Conventions between the two countries, also for the purpose 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 absence of any diplomatic representative of their country to apply to the Government of the country where they reside.

ARTICLE. IX.

Consuls-General, Consuls, Vice Consuls or Consular Agents of the two countries, also their Chancellors, shall have the right to take at their office, at the residence of the parties, or on board ship the depositions of the Captains and crews of vessels of their own nation, of passengers on board of them, of merchants, or any other citizens of their own country.

They shall have the power also to receive and verify conformably to the laws and regulations of their country,

1. Wills and bequests of their countrymen, and all such acts and contracts between their countrymen as are intended to be drawn up in an authentic form, and verified.

2nd Any and all acts of agreement entered upon between citizens of their own 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 or Consular Agent under his official seals, shall be received in Courts of Justice as legal documents or as authenticated copies, as the case may be, and shall have the same force and effect, as if drawn up by competent public officers of one or the other of the two countries.

Consuls-General, Consuls, Vice Consuls or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authorities or functionaries of their own country, and such papers shall have the same force and effect in the country where the aforesaid officers reside, as if drawn up by sworn interpreters.

ARTICLE X.

Consuls-General. Consuls, Vice Consuls or Consular Agents shall be at liberty to go on board the vessels of their nation admitted to entry, either in person, or by proxy and to examine the Captain and crew, to look into the register of the ship, to receive declarations with reference to their voyage, their destination, and the incidents of the voyage, also to draw up manifests, lists of freight, to assist in despatching their vessels and finally to accompany the said Captains or crews before the Courts and before the administrative authorities, in order to act as their interpreters or Agents in their business transactions, or applications of any kind.

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