« AnteriorContinuar »
the parties shall have declared its intention to renounce it; which declaration shall be made at least six months beforehand.
And in case the present Arrangement should remain without such declaration of its discontinuance by either party the extra duties specified in the 1st and 2d Articles shall, from the expiration of the said two years, be on both sides diminished by one-fourth of their whole amount, and, afterwards by one fourth of the said amount from year to year, so long as neither party shall have declared the intention of renouncing it as above stated.
The present Convention shall be ratified on both sides, and the ratifications shall be exchanged within one year from the date hereof, or sooner if possible. But the execution of the said Convention shall commence in both countries on the first of October next, and shall be effective, even in case of non-ratification, for all such vessels as may have sailed bona fide for the Ports of either Nation, in the confidence of its being in force.
In faith whereof, the respective Plenipotentiaries have signed the present Convention, and have thereto affixed their seals, at the city of Washington, this 24th day of June, A. D. 1822. SEAL.
JOHN QUINCY ADAMS. SEAL.
G. HYDE DE NEUVILLE.
The extra-duties levied on either side before the present day, by virtue of the act of Congress of 15 May 1820, and of the Ordinance of 26 July of the same year, and others confirmative thereof, and which have not already been paid back, shall be refunded.
Signed and Sealed as above, this 24th day of June 1822. (SEAL.
JOHN QUINCY ADAMS. SEAL.
G. HYDE DE NEUVILLE.
CONVENTION AS TO CLAIMS AND DUTIES ON WINES AND COTTON.
Concluded July 4, 1831; ratification advised by the Senate January
27, 1832; ratified by the President February 2, 1832; ratifications exchanged February 2, 1832; proclaimed July 13, 1832. (Treaties and Conventions, 1889, p. 345.)
By this convention France agreed to pay to the United States in settlement of all claims of United States citizens 25,000,000 francs, and the United States agreed to pay in settlement of claims of the French Government and people 1,500,000 francs. Other claims not included in the provisions of the treaty were to be brought before the appropriate authorities in either country.
Federal cases: Frevall v. Bashe, 14 Pet., 95; Gray v. U. S., 21 Ct. Cls., 340.
Concluded November 9, 1843; ratification advised by the Senate
February 1, 1844; ratified by the President February 2, 1844; ratifications exchanged April 12, 1844; proclaimed April 13, 1844. (Treaties and Conventions, 1889, p. 348.)
I. Delivery of accused. II. Extraditable crimes. III. Delivery.
The United States of America and His Majesty the King of the French having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their resp?Ctive territories and jurisdictions, that persons charged with the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; the said United States of America and His Majesty the King of the French have named as their Plenipotentiaries to conclude a Convention for this purpose; that is to say, the President of the United States of America, Abel P. Upshur, Secretary of State of the United States, and His Majesty the King of the French, the Sieur Pageot, Officer of the Royal Order of the Legion of Honor, his Minister Plenipotentiary, ad interim, in the United States of America; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
It is agreed that the High Contracting Parties shall, on requisitions made in their name, through the medium of their respective Diplomatic Agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found would justify his or her apprehension and commitment for trial, if the crime had been there committed.
Persons shall be so delivered up who shall be charged, according to the provisions of this Convention, with any of the following crimes, to wit: Murder, (comprehending the crimes designated in the French Penal Code by the terms, assassination, parricide, infanticide and poisoning,) or with an attempt to commit murder, or with rape, or with forgery, or with arson, or with embezzlement by public officers, when the same is punishable with infamous punishment.1
See Additional Article, 1845, p. 183, and Additional Article, 1858, p. 189. Federal case: In re Metzger, 5 How., 176.
On the part of the French Government, the surrender shall be made only by authority of the Keeper of the Seals, Minister of Justice; and on the part of the Government of the United States, the surrender shall be made only by authority of the Executive thereof.
ARTICLE IV. The expenses of any detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed by the Government in whose name the requisition shall have been made.
The provisions of the present convention shall not be applied in any manner to the crimes enumerated in the second article, committed anterior to the date thereof, nor to any crime or offence of a purely political character.
This Convention shall continue in force until it shall be abrogated by the contracting parties, or one of them; but it shall not be abrogated except by mutual consent, unless the party desiring to abrogate it shall give six months' previous notice of his intention to do so. It shall be ratified, and the ratifications shall be exchanged within the space of six months, or earlier, if possible.
In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have affixed thereto the seal of their arms.
Done at Washington, the ninth day of November, Anno Domini one thousand eight hundred and forty-three. SEAL.]
A. P. UPSHUR. SEAL.
ADDITIONAL ARTICLE TO EXTRADITION CONVENTION." Concluded February 24, 1845; ratification advised by the Senate March
12, 1845; ratified by the President May 5, 1895; ratifications exchanged June 21, 1845; proclaimed July 24, 1845. (Treaties and Conventions, 1889, p. 349.)
The crime of Robbery, defining the same to be, the felonious and forcible taking from the person of another, of goods, or money to any value, by violence or putting him in fear;-and the crime of Burglary, defining the same to be, breaking and entering by night into a mansion house of another with intent to commit felony; and the corresponding crimes included under the French law in the words vol qualifié crime, -not being embraced in the second article of the convention of Extradition concluded between the United States of America and France, on the ninth of November, 1843, it is agreed, by the present article, between the high contracting parties, that persons
See p. 182.
charged with those crimes shall be respectively delivered up, in conformity with the first article of the said convention; and the present article when ratified by the parties, shall constitute a part of the said convention, and shall have the same force as if it had been originally inserted in the same.
In witness whereof, the respective Plenipotentiaries have signed the present article, in duplicate, and have affixed thereto the seal of their arms. Done at Washington this twenty-fourth of February, 1845.
J. C. CALHOUN SEAL.
Concluded February 23, 1853; ratification advised by the Senate with
amendments March 29, 1853; ratified by the President April 1, 1853; ratifications erchanged August 11, 1853; proclaimed August 12, 1853. (Treaties and Conventions, 1889p.
, , .
I. Officers recognized; exequaturs. VIII. Settlement of shipping disputes. II. Privileges and immunities.
IX. Deserters from ships. III. Inviolability of consulates.
X. Authority as to shipping. IV. Complaints to authorities.
XI. Shipwrecks. V. Agencies.
XII. Most favored nation privileges. VI. Notarial authority.
XIII. Duration; ratification. VII. Property rights.
The President of the United States of America, and His Majesty the Emperor of the French, being equally desirous to strengthen the bonds of friendship between the two nations and to give a new and more ample development to their commercial intercourse, deem it expedient, for the accomplishment of that purpose, to conclude a special Convention which shall determine, in a precise and reciprocal manner, the rights, privileges and duties of the Consuls of the two countries.
Accordingly they have named:
The Honorable Edward Everett, Secretary of State of the United States;
IIis Majesty the Emperor of the French:
The Count de Sartiges, Commander of the Imperial order of the Legion of Honor, &c. &c. his Envoy Extraordinary and Minister Plenipotentiary at Washington;
Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles:
The Consuls General, Consuls and Vice Consuls or Consular Agents of the United States and France shall be reciprocally received and recognized, on the presentation of their Commissions, in the form
Federal cases: Prevost v. Greneaux, 19 How., 1; De Geofroy v. Riggs, 133 U. S., 258; DeGeofroy v. Riggs, 18 Dist. Col., 331.
established in their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them without charge, and on the exhibition of this exequatur they shall be admitted at once and without difficulty by the territorial 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. The Government that furnishes the exequatur reserves the right to withdraw it on a statement of the reasons for which it has thought proper to do so.
The Consuls General, Consuls, Vice Consuls or Consular agents of the United States and France, shall enjoy in the two countries the privileges usúally accorded to their offices, such as personal immunity, except in the case of crime, exemption from military billetings, from service in the militia or the national guard and other duties of the same nature; and from all direct and personal taxation whether federal, state or municipal. If, however, the said Consuls General, Consuls, Vice Consuls or Consular Agents are citizens of the country in which the reside, if they are or become owners of property there or engage in commerce, they shall be subject to the same taxes and imposts, and with the reservation of the treatment granted to commercial agents, to the same jurisdiction, as other citizens of the country who are owners of property or merchants.
They may place on the outer door of their offices or of their dwelling houses, the arms of their nation with an inscription in these words: “Consul of the United States,” or “Consul of France;” and they shall be allowed to hoist the flag of their country thereon.
They shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes or deposition is to be received from them in the administration of justice, they shall be invited in writing to appear in court, and if unable to do so, their testimony shall be requested in writing or be taken orally at their dwellings.
Consular pupils shall enjoy the same personal privileges and immunities as Consuls General, Consuls, Vice Consuls or Consular agents.
In case of death, indisposition or absence of the latter, the Chancellors, Secretaries and Consular pupils attached to their offices, shall be entitled to discharge ad interim the duties of their respective posts, and shall enjoy, whilst thus acting the prerogatives granted to the incumbents.
ARTICLE 3. The consular offices and dwellings shall be inviolable. The local authorities shall not invade them under any pretext. In no case shall they examine or seize the papers there deposited. In no case shall those offices or dwellings be used as places of asylum.
The Consuls General, Consuls, Vice Consuls or Consular Agents of both countries, shall have the right to complain to the authorities of the respective governments, whether federal or local, judicial or executive, throughout the extent of their consular district, of any infraction of the treaties or Conventions existing between the United