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Concluded January 15, 1880; ratification advised by the Senate March
29, 1880; ratified by the President April 3, 1880; ratifications erchanged June 23, 1880; proclaimed June 25, 1880. (Treaties and Conventions, 1889, p. 356.)
By this convention of twelve articles, claims of United States citizens against France arising out of the French-Mexican war and the war with Germany, and claims of French citizens against the United States arising out of the civil war, were referred to three commissioners. The commission met in Washington, November 5, 1880, and adjourned March 31, 1884. Awards against the United States amounted to $625,566.35, and against France to 13,659 francs 14 centimes.
Federal case: Burthe v. Denis, 133 U. S., 514.
Concluded July 19, 1882; ratification advised by the Senate. August 8,
1882; ratified by the President December 28, 1882; ratifications exchanged December 29, 1882; proclaimed December 29, 1882. (Treaties and Conventions, 1889, p. 360.)
This convention extended the term of the Claims Commission under the Convention of 1880 until July 1, 1883.
Concluded February 8, 1883; ratification advised by the Senate
with an amendment February 21, 1883; ratified by the President April 3, 1883; ratifications exchanged June 25, 1883 ; proclaimed June 25, 1883. (Treaties and Conventions, 1889, p. 361.)
The term of the Claims Commission under the Convention of 1880 was further extended by this convention to April 1, 1884.
GERMAN EMPIRE. The formation of the German Empire in 1871 by the consolidation of the North German Union, etc., has in some instances abrogated the treaties entered into with the independent German governments now embraced in the Empire, but reference is here given to all the separate governments with which treaties have been concluded.
See Baden, p. 28; Bavaria, p. 33; Bremen, p. 88; Brunswick and Lüneberg, p. 88; Hanover, p. 288; Hanseatic Republics, p. 289; Hesse, p. 295; Mecklenburg-Schwerin, p. 383; Mecklenburg-Strelitz, p. 388; Nassau, p. 438; North German Union, p. 466; Oldenburg, p. 472; Prussia, p. 510; Saxony, p. 567; Schaumburg-Lippe, p. 568; Württemburg, p. 656.
CONSULAR CONVENTION. Concluded December 11, 1871; ratification advised by the Senate January 18, 1872; ratified by the President January 26, 1872; ratifications exchanged April 29, 1872; proclaimed June i, 1872. (Treaties and Conventions, 1889, p. 363.)
XII, Authority over ships.
XIII. Disputes between officers and III. Privileges and immunities.
crews of ships. IV. Arms and flags.
XIV. Deserters from ships. V. Inviolability of consulates.
XV. Damages to vessels at sea. VI. Temporary vacancies.
XVI. Shipwrecks. VII. Consular agencies.
XVII. Trade-mark protection. VIII. Communications with authorities. | XVIII. Duration; ratification. IX. Notarial authority.
Protocol. As to meaning of “propX. Property of decedents.
erty,” and deceased citizens. XI. Effects of deceased sailors and
passengers. The President of the United States of America and His Majesty the Emperor of Germany, king of Prussia, in the name of the German Empire, led by the wish to define the rights, privileges, immunities and duties of the respective Consular Agents have agreed upon the conclusion of a Consular-Convention, and for that purpose have appointed their Plenipotentiaries namely:
The President of the United States of America:
George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near His Majesty the Emperor of Gerinany,
His Majesty the Emperor of Germany, king of Prussia:
Each of the Contracting parties agrees to receive from the other Consuls general, Consuls, Vice-Consuls and Consular-Agents in all
Federal cases: “The Burchard,” 42 Fed. Rep., 608; Richter v. Reynolds, 59 Fed. Rep., 577.
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 Contracting Parties without also applying to every other power.
The Consuls general, Consuls, Vice-Consuls or Consular-Agents shall be reciprocally received and recognized, on 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 on the exhibition of this instrument, they shall be admitted at once, and without difficulty, by the territorial authorities, federal, State or communal, 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 the same on a statement of the reasons for which it has thought proper to do so.
The respective Consuls general, Consuls, Vice-Consuls or ConsularAgents, as well as their chancellors and secretaries, shall enjoy in the two countries all privileges, exemptions and immunities which have been granted or may in future be granted, to the agents of the same rank of the most favored nation. 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 billetings and contributions, from military service of every sort, and other public duties, and from all direct or personal or sumptuary taxes, duties and contributions, whether federal, State or municipal. If however the said consular officers are or become owners of property in the country in which they reside, or engage in commerce, they shall be subject to the same taxes and imposts, and to the same jurisdiction, as citizens of the country, property, holders, or merchants. But under no circumstances shall their official 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 not in any event be interfered with in the exercise of their official functions, further than is indispensable for the administration of the laws of the country.
Consuls general, Consuls, Vice-Consuls and Consular-Agents may place over the outer door of their offices, or of their dwellings, the arms of their nation with the proper inscription indicative of the office. And they may also hoist the flag of their country on the consular edifice except in places where a legation of their country is established.
They may also hoist their flag on board any vessel employed by them in port for the discharge of their duty.
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. When, however, a consular officer is engaged in other business, the papers relating to the Consulate shall be kept in a separate enclosure.
The offices and dwellings of Consules missi who are not citizens of the country of their residence shall be at all times inviolable. The local authorities shall not except in the case of the pursuit for crimes under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no event shall those offices or dwellings be used as places of asylum.
In the event of the death, prevention or absence of Consuls general, Consuls, Vice-Consuls and Consular-Agents, their chancellors or secretaries, whose official character may have previously been made known to the respective authorities in Germany or in the United States, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities, granted by this convention to the incumbents.
Consuls general and Consuls may, with the approbation of their respective governments, appoint Vice-Consuls and Consular-Agents in the cities, ports and places within their consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the government of the country which he represents. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Article 3.
Consuls general, Consuls, Vice-Consuls, and Consular-Agents shall have the right to apply to the authorities of the respective countries, whether federal or local, judicial or executive within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries or of international law; to ask information of said authorities and to adress said authorities to the end of protecting the rights and interests of their countrymen, especially in cases of the absence of the latter; in which cases such Consuls etc. shall be presumed to be their legal representatives. If due notice should not be taken of such application, 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 reside.
Consuls general, Consuls, Vice-Consuls or Consular Agents of the two countries or their chancellors shall have the right conformably to the laws and regulations of their country
1, to take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the captains and crews, of passengers on board of them, of merchants, or any other citizens, of their own country;
2, to receive and verify unilateral acts, wills and bequests of their countrymen, and any and all acts of agreement entered upon between citizens of their own country and between such citizens and the citizens or other inhabitants of the country where they reside; and also all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation by which the said Consular officers are appointed.
All such acts of agreement and other instruments, and also copies and translations thereof, when duly authenticated by such Consul general, Consul, Vice-Consul or Consular-Agent, under his official seal, shall be received by public officials and 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 or authenticated by competent public officers of one or the other of the two countries.
In case of the death of any citizen of Germany in the United States or of any citizen of the United States in the German Empire without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested.
The said consular officer shall have the right to appear personally or by delegate, in all proceedings on behalf of the absent heirs or 'creditors until they are duly represented.
In all successions to inheritances citizens of each of the Contracting Parties shall pay in the country of the other such duties only as they would be liable to pay, if they were citizens of the country in which the property is situated or the judicial administration of the same may be exercised.
Consuls general, Consuls, Vice-Consuls and Consular-Agents of the two countries are exclusively charged with the inventorying and the safe-keeping of goods and effects of every kind left by sailors or passengers on ships of their nation who die either on board ship or on land, during the voyage or in the port of destination.
Consuls general, Consuls, Vice-Consuls and Consular-Agents shall be at liberty to go either in person or by proxy, on board vessels of their nation admitted to entry and to examine the officers and crews, to examine the ships papers, to receive declarations concerning their voyage, their destination, and the incidents of the voyage, also to draw up manifests and lists of freight, to facilitate the entry and clearance of their vessels, and finally to accompany the said officers or crews before the judicial or administrative authorities of the country, to assist them as their interpreters or agents.
See Protocol, p. 198.