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The judicial authorities and custom house officials shall in no case proceed to the examination or search of merchant vessels without having given previous notice to the consular officers of the nation to which the said vessels belong, in order to enable the said consular officers to be present.
They shall also give due notice to the said consular officers in order to enable them to be present at any depositions or statements to be made in courts of law or before local magistrates, by officers or persons belonging to the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls or Consular-Agents shall name the hour fixed for such proceedings. Upon the non-appearance of the said officers or their representatives, the case may be proceeded with in their absence.
Consuls general, Consuls, Vice-Consuls or Consular-Agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall have the exclusive power to take cognizance of and to determine differences of every kind which may arise, either at sea, or in port, between captains, officers and crews, and specially in reference to wages and the execution of mutual contracts. Neither any court or authority, shall, on any pretext, interfere in these differences except in cases where the differences on board ship are of a nature to disturb the peace and public order in port, or on shore, or when persons other than the officers and crew of the vessel, are parties to the disturbance.
Except as aforesaid, the local authorities shall confine themselves to the rendering of efficient aid to the consuls, when they may ask it in order to arrest and hold all persons, whose names are borne on the ship’s articles, and whom they may deem it necessary to detain. Those persons shall be arrested at the sole request of the consuls, addressed in writing to the local authorities and supported by an official extract from the register of the ship or the list of the crew, and shall be held, during the whole time of their stay in the port at the disposal of the consuls. Their release shall be granted only at the request of the consuls, made in writing.
The expenses of the arrest and detention of those persons shall be paid by the consuls.
Consuls general, Consuls, Vice-Consuls, or Consular-Agents may arrest the officers, sailors, and all other persons making part of the crews of ships-of-war or merchant vessels of their nation, who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board, or back to their country.
To that end, the Consuls of Germany in the United States shall apply to either the federal, State, or municipal courts or authorities; and the Consuls of the United States in Germany shall apply to any of the competent authorities and make a request in writing for the deserters, supporting it by an official extract of the register of the vessel and the list of the crew, or by other official documents, to show that the men whom they claim belong to said crew.
Upon such request alone thus supported, and without the exaction of any oath from the consuls, the deserters (not being citizens of the country where the demand is made either at the time of their shipping or of their arrival in the port), shall be given up to the Consuls. All aid and protection shall be furnished them for the pursuit, seizure, and arrest of the deserters, who shall be taken to the prisons of the country and there detained at the request and at the expense of the Consuls, until the said Consuls may find an opportunity of sending them away.
If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause.
In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls general, Consuls, Vice-Consuls, and Consular-Agents of the respective coultries. If, however, any inhabitant of the country, or citizen or subject of a third power, shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide.
In the event of a vessel belonging to the government, or owned by a citizen of one of the two Contracting Parties being wrecked, or cast on shore, on the coast of the other, the local authorities shall inform the Consul general, Consul, Vice-Consul, or Consular-Agent of the district of the occurrence or, if there be no such consular Agency, they shall inform the Consul general, Consul, Vice-Consul, or Consular-Agent of the nearest district.
All proceedings relative to the salvage of American vessels wrecked or cast on shore in the territorial waters of the German Empire, shall take place in accordance with the laws of Germany; and reciprocally, all measures of salvage relative to German vessels wrecked or cast on shore in the territorial waters of the United States shall take place in accordance with the laws of the United States.
The consular authorities have in both countries to intervene only to superintend the proceedings having, reference to the repair and revictualling, or if necessary, to the sale of the vessel wrecked, or cast on shore.
For the intervention of the local authorities no charges shall be made except such as in similar cases are paid by vessels of the nation.
In case of a doubt concerning the nationality of a shipwrecked vessel, the local authorities shall have exclusively the direction of the proceedings provided for in this article.
All merchandise and goods, not destined for consumption in the country where the wreck takes place, shall be frot of all duties.
With regard to the marks or labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany the same protection as native citizens.
The present convention shall remain in force for the space of ten years counting from the day of the exchange of the ratifications which shall be exchanged at Berlin within the period of six months.
In case neither party gives notice, twelve months before the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notize.
In faith whereof the Plenipotentiaries have signed and sealed this
GEO BANCROFT SEAL.
The Undersigned met this day in order to effect the exchange of the ratifications of the Consular Convention signed on the 11th day of December 1871 between the United States of America and Germany.
Before proceeding to this Act, the Undersigned, Envoy extraordinary and Minister plenipotentiary of the United States of America, declared:
1. that, in accordance with the instruction given him by his government, with the advice and consent of the Senate, the expression “property” used in the English text of articles III ? and IX3 is to be construed as meaning and intending “real estate:”
2. that, according to the laws and the Constitution of the United States, Article X* applies not only to persons of the male sex but also to persons of the female sex.
After the Undersigned, President of the office of the Chancellor of the Empire had expressed his concurrence with this declaration, the Acts of ratification, found to be in good and due form, were exchanged, and the present protocol was in duplicate executed. Berlin, the 29. April 1872.
By resolution of April 24, 1872, the Senate advised and consented to the execution of this protocol. 2 Page 193. Page 195.
* Page 195.
(UNITED KINGDOM OF GREAT BRITAIN AND IRELAND.)
The treaties leading to the establishment of peace between the United States and Great Britain, forming such an important factor in settling the territory and establishing the Government of the United States, are reprinted, although many of the articles have been abrogated by subsequent wars or modified by later conventions.
PROVISIONAL TREATY OF PEACE.
Concluded at Paris November 30, 1782; proclamation ordered by
Congress April 11, 1783. (Treaties and Conventions, 1889, p. 370.)
(As the provisions of all the articles except the separate articles are repeated in the definitive treaty of peace, only the titles of the articles are here given.)
I. Independence acknowledged.
V. Restitution of estates.
1 VII. Withdrawal of British armies.
DEFINITIVE TREATY OF PEACE.
Concluded at Paris September 3, 1783; ratified by Congress January
14, 1784; proclaimed January 14, 1784. (Treaties and Conventions, 1889, p. 375.)
ARTICLES. I. Independence acknowledged.
VII. Withdrawal of British armies. II. Boundaries.
VIII, Navigation of the Mississippi III. Fishery rights.
River. IV. Recovery of debts.
IX. Restoration of territory. V. Restitution of estates.
X. Ratification. VI. Confiscations and prosecutions to
In the Name of the most Holy & undivided Trinity.
It having pleased the divine Providence to dispose the Hearts of the most Serene and Most Potent Prince George the third, by the Grace of God, King of Great Britain, France, & Ireland, Defender of the Faith, Duke of Brunswick and Luneburg, Arch-Treasurer, and Prince Elector of the Holy Roman Empire &c., and of the United States of America to forget all past Misunderstandings and Differences that have unhappily interrupted the good Correspondence and Friendship which they mutually wish to restore; and to establish such a beneficial and satisfactory Intercourse between the two Countries upon the Ground of reciprocal Advantages and mutual Convenience as may promote and secure to both perpetual Peace & harmony; and having for this desirable End already laid the Foundation of Peace & Reconciliation, by the Provisional Articles signed at Paris, on the 30th of Nov., 1782, by the Commissioners empower'd on each Part, which Articles were agreed to be inserted in and to constitute the Treaty of Peace proposed to be concluded between the Crown of Great Britain and the said United States, but which Treaty was not to be concluded until Terms . of Peace should be agreed upon between Great Britain & France, and his Britannic Majesty should be ready to conclude such Treaty accordingly: and the Treaty between Great Britain & France having since been concluded, His Britannic Majesty & the United States of America, in Order to carry into full Effect the Provisional Articles above mentioned, according to the Tenor thereof, have constituted & appointed, that is to say, Ilis Britannic Majesty on his part, David Hartley Esq', Member of the Parliament of Great Britain; and the said United States on their Part, John Adams, Esq', late a Commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts and Chief Justice of the said State, and Minister Plenipotentiary of the said United States to their High Mightinesses the States General of the United Netherlands; Benjamin Franklin, Esq"e late Delegate in Congress
Federal cases : Respublica v. Gordon, 1 Dall., 233; Georgia v. Brailsford, 3 Dall., 1; Ware v. Hylton, 3 Dall., 199; Hunter v. Fairfax, 3 Dall., 305; Hopkirk v. Bell, 3 Cranch, 454, 4 Cranch, 161; M'Ilvaine v. Coxe's Lessee, 4 Cranch, 209; Higginson v. Mein, 4 Cranch, 415; Owings v. Norwood's Lessee, Cranch, 314; Smith v. Maryland, 6 Cranch, 286; Fairfax v. Hunter, 7 Crauch, 603; Martin v. Hunter's Lessee, 1 Wheat., 304; Orr v. Hodgson, 4 Wheat., 453; Blight's Lessee v. Rochester, 7 Wheat., 535; Society for Propagation of the Gospel v. New Haven, 8 Wheat., 461; Harcourt v. Gaillard, 12 Wheat., 523; Shanks v. Dupont, 3 Pet., 242; Carver v. Jackson, 4 Pet., 1; U. S. v. Repentigny, 5 Wall., 211; Hylton's Lesseo v. Brown, 1 Wash. C. C., 298, 343; Gordon's Lessee v. Kerr, 1 Wash. Č. C., 322; Fisher v. Harnden, 1 Paine C. C., 55; Jones v. Walker, 2 Paine C. C., 688; Dunlop v. Alexander, 1 Cranch C. C., 498.