The Albany register. (Albany, Or.) 1868-18??, August 12, 1871, Supplement, Image 6

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Laws or the United States;
Convention Between the United nutes of
America und the Aajtre-Hunararian
Manure b. f v',,,; ..' ,'...?
Signed July 11,1870; Ratified December 19, 170;
Jiatificationi exchanged Jmm tt, 1871 ; Pro
claimed June 29K 1871
by ran f!BEiDaar or raa mm states op
,. AMERICA ' .'''"'""
Whimi a convention .'between the United
States ef America aad bis majty the Emperor
of Austria, King of Bohemia, etc., aad Aposiolio
King of Hungary concerning the rights, privileges-
iia iiailini. aad duties of consuls of either
country residing in the other, was concluded and
signed at Washington by their respective plenipo
tentiaries, on the eleventh day -of July, 1870;
whioh ceoveution, being in the English and Ger
man languages, is word for word as follows :
Tbe President of the United States of America
and his majesty the fcmperor of Austria, King of
Bohemia, etc, aad Apostolio King of Hungary,
animatedly the desire te define, in a comprehen
sive and precise manner, tbe reciprocal rights,
privileges, aad immunities of the consols general,
consuls, vie consuls, aad consular agents, their
chaaoellors aad secretaries, of tbe United States
of America, and of the Anstro-IIungarian mon
archy, and to determine their duties and tbeir
respective sphere of action, have agreed upou the
conclusion of a consular convention, and fur that
purpose have appointed their respective plenipo
tentiaries, namely: the President of tbe United
States of America, Hamilton fmh. Secretary of
Stata of the United States ; and his majes y the
Emperor of Austria, Apostolic King of Hungary,
Charles, Baron von Lederer, Height of the impe
rial aad royal Order of Leopold, end his majesty'
Envoy Extraordinary and Minister Plenipu eu
tiary in the United States of America ; Who, after
cammuuicatiug to each other their full- powers,
found in good and due form, have agreed upoa
upon the following article;
v Si. , ARTICLE I. , '
Saeh of the high contracting parties shall be at
liberty to establish consul generals, consuls, vice
consuls, or consular agents, at the ports and places
of trade of the other party, except those wbera it
may not be convenient to recognise such officers ;
but this exception shall not apply to one of the
high contracting parties without also applying to
every other power. : '?j-j: , .....
Consols general, consuls, and other consular
offioers appo a ted and taking office according to
the provisions of this article, in one or tbe other
of tbe two countries, shall be free to exercise tbe
right aeeordad to them by tbe present convention
throughout the whole of the district for, which
they may be respectively appointed. "
The said functionaries shall be admitted and
recognised, respectively, upon presenting their
credentials in accordance with the rules aad for
malities 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 inter
ference by toe authorities, federal or State, judi
cial or executive, of the ports, cities, and plaoes
of their residence and district, to the enjoyment
of the prerogatives reciprocally granted, .
. . ARTICLE II.' ';; ' . "
Tbe consuls general, consuls, vice consols, and
coneular agents, their chaaeellors, and other con
sular offioers, if they are citizens of the Stata
which appointa them, shall be exempt from mili
tary billeting, from service in the military or tbe
national guard, and other duties of the same na
ture, and from all direct and personal taxation,
w bather federal, State or municipal, provided they
be sot owners of real estate, and neither carry on
trade nor any industrial business. J '
-' If, however,1 they are not citizens of tbe State
whioh appointa them, or if they are citizens of the
State in which they reside, or if tbey owr prop
erty, or engage in any business there that is taxed
under any laws of tbe country, then they shall be
subject to the same taxes, eharges, and assess
ments as other private individuals.
i They shall, moreover, enjoy personal immuni
ties,' except for acts 'regarded nr crimes in the
country hV which they reside. h; ss ; ';
If ahoy are engaged in commerce, personal de
tention can to resorted to in their case only for
commercial liabilities, and then ' in accordance
only with general laws, applicable ta all persons
' aMiiiug;? in ? 1 ., 3(s,. 'r e.
ui WrcL J1 ;f , .,1 "X
Consuls general, consuls, sad their chsnceUorS,
vice consuls, and consular erasers, if-citizens of
the" oewatty which JeppoiBts them, shall nt be
-sejnaiaaed to appear, as witnesses before a comt
of justice- except when, pursuant to law, the tes
timony of a consul may be necessary for the de
fense of a person charge with enaM. ; .-- v i i
1 J in ether eases tbe local coert, when it deems
the testimeay of a consul necessary, shall either
go to hi dwelling 'to have tSe testimony taken
orally, or shall send there a competent Sear air
reduce it to writing, or hall ask of him a written
-declaration: ': twtrr
W "'s ns?if'Jkto$M& nii'-l
".Consuls? general,, consuls, vice, ccnsuls, aad
'consular' agents, shall best liberty to place over
they chief, entrance ef their respoetiv offioes the
v arms f their nation, with the inscription t "Con
wolate General,? "Consulate," Wice Consulate,?
or "Consular Alenev-' as m it. -' ',. j .
Tbey shall also be at liberty to hoist the Slag of
their country on the eanaalar edifice, exoeptj when
they.reeide in a city wbera. tbe legation of their
government may be established. They shall alV
be at' liberty -to hoist their tag on board the ves
sel essplojed by them in port for tbe discharge of
tbeir daty. . '
...,. . "., ARTICLE V..' '" '
The consular archives shall be at' all times in
violable, and under no pretence whatever shall
the local authorities be allowed -tot examine -er
seize the papers forming part of.,. them. :
.- - ... ARTICLE VI., t
In toe arent of incapacity, absence, or death of
consuls general, consuls, vice consuls, their con
sular pupils, chancellors, or secretaries', whose
official character may have been previously made
known to the respective authorities in tbe United
States, or in tbe Austro-Hungarian empire, shall
be admitted at once to the temporary exercise of
the consular fuuetious, and the . shall, for the do
tation qf it, enjoy all the immunities, rights aad
privileges conferred upou them by this conven
tion. -
Consuls generals aad consuls shall have the
power to appoint vice consols aad consular agents
in tbe cities, ports and towns within tbeir consu
lar districts, subject, however, to the approbation
of the government of tbe country where they' re
side. . . ; .. ji; . .. ...
These vice consuls and consular agents may be
sulected indiscriminately from among citizens of
the two eunutries or from foreigners, aad they
shall .be furnished w tu a com illusion issued by
tbe appointing consul, under whose orders tbey
are to be placed.
The shall enjoy the privileges and liberties
stipulated iu this convention. ; .
: To vice consuls and consular agents who are
not citizens of the State which appoints them, tbe
privileges and itumunites specified in Article II
shall not extend.
i Consuls general, consuls, vioe "eoasuls, or con
sular agents of the two countries may, m the cx-ercL-e
of their duties, apply to the authorities
within tbeir districts, whether federal or local, ju
dicial or executive in the event of any infraction .
of tue treaties aud conventions betwoen tbe two ,
countries ; also for tbe purpose of protecting the
rights of tbeir countrymen. " . .
Should the said authorities fail to take due no
tice uf tbeir application, tbey shall be at liberty,
in the absence ot any diplomatic representative
oi tbeir country, to apply lo the government of
tbe country where tbey reside.
f Consuls general, consuls, viee consols, or con'
solar agents of tbe two countries, also their chan
cellors, shall have the right to take at their office
at the residence of the parties, or on board ship,
tbe depositions of the captains and crews of ves
sels of their owu nation, of passengers on board
of them, uf mere bail ts, or any other citizens of
tbeir own roautry. v
They shall nave the power, also to receive aad
verify conformably to the laws aad regulation uf
tbeir country : 1st. ' Will.- aud bequests of their
countrymen, aud all sub arts and contracts be
tween tbeir eouairymen as arc intended to be
drawn up ia an autbeotie form aud Verified.
2d. A j J aad all acts of areeut-iUt entered upon
between cittsens of tiieir owu country and inhabi
tants of tbe country wuere they reside.
All suc-b acts ot agreement, aud otuer instru
ments, and also copies thereof, when duly authen
ticated by such consul general, consul, vice con
sul, 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 offieers of one
or tbe other ot tbe two countries.
Consuls general, eoasuls, vice consuls or con
sular agents of the respective countries shall have
tbe power to translate and legalize aM documents
issued by tbe authorities or functionaries of tbeir
owu country ; aud sucii papers shall hare the
same force and effect in the country where the
aforesaid officers reside as it' drawn up by sworn
interpreters. .
Consuls generals, consuls, vice consuls, or con
sular agents shall be at liberty to go on board the
vessels of their nation admitted to entry, either ia
person or by. proxy, and to examine tbe captain
and erew, to look into tbe regiater of the ship, to
receive declarations With reference to tbeir voy
age, 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 tbe said captains or crews
before the court and bexVro the administrative
authorities, in order to ant as their talerureters or
agents in their, business transactions or applies-I
UWD9 vi muj ,uu. . . . .
Tbe judicia! authorities and castom-house offi
cials shell in uueaee -proceed to tbe examination
or search el merchant vessels without previous
notice to tbe consular authority of the nation to
which the said vessels belong, in order to enable
them to be present. . - .-..(
; They shall also give due notice to consuls, vice
consuls, or .consular agents, in order 'to enable
them to be present at any depositions or state
ments to be made in courts of law, or before local
magistrates, by captains or persons composing tbe
ercar. thus te prevent errors or false interpreta
tions which might" impede the corr coadministra
tion of justice. " -j" - i i
4 The otto to .consuls, vice consul, ox consular
agents shall name the hour fixed for such proceed
ings, and upou the non-appearance of the said
officers or their representatives, the ease shall ba
proceeded wiul iq their abeseoi: .', ' .j'-.
.-' f i v-.A;RTJCLB.XI.; J,:, -. , ,
- Consuls,. vice ceasujs, or consular agents, shall
have exclusive charge of the internal order-bf the
soerchaa Teasels of their nation. They shall
Lhave therefore the exclusive power to take cogn lz:
auce ot ana to settle all ainerences woicn may
Aria at ana ar-ia part betwean captain efficejrs,
and crews, . in reference t ;-wages and the execu
tion of mutual contract, subject In sach case to
the laWs of their own nation, j, i ) i t ; .
1 Tha local authorities sbat) ia no bray interfere,
except, in eases where, tha differences pa board
ship are of a nature to disturb tha peace and pub
lic order, in port or on shore, ar-when persons
other than tha- oSoersi andre of tbe.ease1 are
parties to the distarbaaoe ; exoept as aforesaid tbe
toeal authorities shall confine themselrei to the
rendering of forcible' assistance if required by
the consuls, vice eoasuls, or consular -agents, aad
shall - cause tha arrest, temporarX imprisonment,
and removal on board of his owa vessel, of every
person whose name is found on tfc. muster rolls or
register of tbe ship, or list of tbe crew. . -
ARTICLE XII.' ; -i - ,: I i,.
Consuls general, consuls, vice consuls, or. con
sular agents, shall, have the power to cause the
arrest of all sailors or all other persons belonging
to the crews of vessels of their nation who may
be guilty of having deserted on the respective ter
ritories, of the high contracting powers, and to
have them sent on board or. back to tbeir native
country. . .i
To that end' they shsll make a written appliear
tion to the competent local authority, supporting
it by tbe exhibition ef the ship's register and list
of the crew, or else, should tha vessel have sailed
previously, by producing an authenticated copy
of these documents, showing that the persons
claimed really do belong to tbe ship's crew.
Upon such request the surrender of tbe deserter
shall not be refused. Every aid and assistance
shall, moreover, be granted to tha said consular
authorities for the detection and arre.-t of desert
ers, aud the latter shall be taken to tha prisons of
the country and there detained at the request and
expanse of tha consular authority untit there may
bo an opportunity for sending them away.
Tbe duration of this imprispnment shall not
exceed tbe term of three months, at tbe expira
tion of which time, and upon three days' notice
to the consul, the prisoner shall be set free, aud
he shall not be table to rearrest for tbe same causa.
Should, however, the deserter have committed
on shore an indictable offence, the local authori
ties shall be free to postpone his extradition until
due sentence shall hare been passed and executed.
Tbe high contractiag parties agree that seamen,
or other individuals terming part af the ship'a
crow, who are citizens of tha country in whioh the
desertion took place shall not be affected by tbe
provisions of this artiole.
Tn all aami where no other ajpreeruent to' tha
contrary exists between owners, $mgaters, and
insurers, all damages suffered at sea. ay the ves- ,
sets of the two countries, whether tbey enter tbe '
respective ports voluntarily or by stress of weath
er, shall be settled by tha consuls generals, con
suls, vice consuls, or consular agents of their re
spective nation, provided no interests of citizens
of the country where the said functionaries re
side, nor of citizens of a third power, are con
cerned. Ia that case, and ia the absence of a
friendly compromise between all parties interested,
the adjudication shall take place under supervi
sion ot tbe local authorities.
In the event of a vessel belonging te the gov
ernment, or owned by a citizen of one of the two
contracting States, beiag wrecked or cast on snore
upoa tha coast of tba other, the local authorities
shall inform the eoasuls general, consuls, vies
consuls, or consular agents ef tha district of tbe
occurrence ; or if such consular agency does not
exist, they shall communicate with the consul
general, consul, vice consul, or consular agent af
the nearest district. :
All proceedings relative to the salvage of Amer
ican vessels wracked or cast on shore in Austro
Hungarian waters shall be directed by tha Uadard
Status consult' general, consuls, vice ooasnia, or
consular agents ; also all proceedings celativa to
the s-iivaee of Austru-Uungartaa Teasels wrens!
or cast on shore in American waters shall be di
rected by Auatrc-Huagariaa consuls general, con -
nls, vice consuls, or consular agents. '
An interference of tbe local authorities in tha
two countries shall take place fur the purpose only
of assisting the consular authorities ia maintain-
lug -order aad protecting the rights or salvors not
behmaing to the crew, also for enforcing tha regu
lations relative to the import or expert of the
merchandise snadL'! -t.:t ",;t i;s4t
i In tha absence and until the arrival of the con
suls general, consuls, viee consuls, or consular
agents, or their duly appointed delegates, the lo
cal authorities shall take all the necessary meas
ures for the protection of persons aad the preser
vation of the property saved from the wreck. '
No char ires shall ae made for the interference
of the local authorities a such oases, except for
expenses incurred through, salvage and the pre
servation of the property saved ; 'also fur those
expenses which, undeeshn! at circumstances, ves
sels belonging to the reantry where tbe wreck
haooens would, hava to incur.
:. In case or a doubt concerning tne aauonawy
of tha wracks, tba local authorities shall hava ex
clusively the management and executioa oC tbe
provisions bud down in tkf present article.
..-Joe high coatrai'tlng parties also agree that all
merchandise aad goods I 'destined for consump
tion ia the country in which the wreck takes place
shall bo free of all duties. -.lf -'-n ;
f t,,w Si ; ARTICLE: XV.
Jrian-Hangarian monarcbyin the United States
or of a citizen of tha United States in the Aus
trianrHuagafian manrehy witbont baaing any.
known hairs srf teataaaentary. exseaxota bykhn. :'
appointed, tfael competent, tocal authorities shall '
Inform the consuls or consular agents of the Stata
to which the-'doeeassw fcajowgCw-awsTt uaTaaisji lyit
stance, in order that tbe necessary information
may be immediately forwarded tar tbe parties inter
ested. n ARTICLE XVII.
. tbe present' convention 'shall remain In-faros
for the space of ten yean from tha data of the
exchange of the ratificatioi r, which shall be made .
in conformity with tbe respective constitutions of
the two countries, and exchanged at Washington
within the period of ten (10) months, or sooner if i :
In case neither af tha contracting parties gtves
notice before the expiration of the said term of its
intention not to renew this convention, it shaH re- T.
main ia rbree a year 1 ager, and so an, from year
to year, until the expiration of a year from tbe
day on which one of the parties ah U have given' 4
such notice. - ' . iviv..'
' In testimony whereof, the: respective plenipo-
tentiaries have signed this convention and here- .'
unto affixed tbeir respective seals. - ' " -
Done in duplicate at Woahington, tha etevaath - '
day of July, in tbe year of our Lord una thousand
eight hundred and seventy.
IsbalO "' 1: - ' LEDEKER. t . tii
And whereas tbe Senate, by their reaolation f .
the twelfth of Hay, 1871, did advise and consent
that the period within which ii was stipe atee) in
the said convention that the ratifications thereof r
should be exchanged might be extended for a pa-i
riod of three months; A
And whereas the said convention has been duly
ratified on both parts, and the respective ratifica- M
tions of the same were exehaaged, in this city, -on
the twaaty-sixth day of June. 1871, by Ham- .
ilton Fish, SaereU'y of Stata of the United States, r
and Baron Lederer, Envoy Extraordinary and v
Uinister Pleniputeutiary of His Majesty tbe Km-I ;
peror of Austria, etc., accredited ta this govern ,
moot on tha part of their respective governments;
Now, therefore, let it be known, that I, Ut.ttSE
8. UaAXT, President of the United States ef Amer
ica, hare caused tbe said convention to be made ;
public, ta the end that tha Same and every clause
and article thereof may be observed aad fulfilled
with good faith by the United States and the eiti- '
zens tLereof.
In witness whereof, I have heraunta set my band
and caused the seal of tha United States to be af-
fixed., -.''- ' "3 ' - '
Joaeat tbe eit.y of Wasbingtoa this twenty .
ninth day of June, in the year of our.
Lord one thousand sight hundred and
seventy-one, and of the independence of
. the United States of America tba ninety-.
fifth. ... ,'-
. , U. 8. G&AHT.
By the President : .
HsaiLToa fisa, Secretary of State.
sbai.. ;
Consuls general, cbnsnis, vice eonsals, aad en
sular ageaU, also eeeiSBlar pupils, chancellors,
ad consular officers, shall enjoy in the two conn
tries all tbe liberties, prerogatives, immunities aud
privileges granted to functionaries of tbe same
class pf :the savst zawoswi action. ,js -J;. . -
More About the Scandal of the Sleeping;
The Saratoga correspondent of the New York
Commercial Advertimer writes to that paper con
cerning the Jeff. Davis scandal, as follows i .
oince tne arrival oi several uisnnguisneu ion-,
nesseeaas, tha scandal has been much talked about.
I bear-1 the story from the lip' of a well known
citizen of Memphis, who gives absolute eredenoe
to it,, He related all the circumstances connected
with tbe scandalous affair yesterday, ia presence
of Fernando Wood and several other warm friends
of the "lost cause." Indeed, tha gentlesaaasj
wbe vouches for the story has been a devoted
follower and friend of the man -that Greeley is
"bondsman for. There is no doubt that the story
is true, and tha Southern people here - hava not a
word to say, as they feel that, Jeff. Davis has.
brought disgrace upoa them. "
"Well, what will be tbe result of all thisf ' I
asked my Memphis informant. ' '
"Why, Mr. is a blooded fellow and-he will
have to shoot Davis. He can't live in Memphis
or Nashville if he don't."
So following close upon this scene wiHbea
drama of blued. Another Othello aad Desdemona
Mrs. Fair and Crittenden. - -,., .3
, Ueneral Buekaer. who did the Republic seme
service at Fort Donaldson ; ' Colonel, Hunt, late
Chief Ordnance Officer of the Southern Ceamdeaa
ey ; Judge Pt lan. Jeff's bosom friend, ana), at
torney for the "Carolina Life Iasuranee . Ceaepa
ny ." of which Jeff, himself is President, are here,
but have bat little to say about the affair. : -.
Major Wicks, the President of the Memphis
and Charleston Railroad aad Vice President of
Davis iasuranee company; iseast down at the
misfortune of his personal friaad, whose aase.
with the lady, is now being canvassed before the
Memphis Episcopal Canach. . , . '
"Why doa't you deny it point blaak V asked
Colonel Leathenaaa, late candidate fit Qevernor
of Tennssses, of Judge Phelan. . ',.,.
. 'Because I can't.". ; - .,t. . ,. " ,
. "Why"-.. , '
r ecu use iv rmm : -.-.( i-i
Great God t" exclaimed Celenel Iatheraua.
"Cure for Neuralgia. A new
Hampabire gontleiaWB mj ; ."Take two
large tAblespoonruU of eologne and two
tansftoowfitU , ot, fine. : iU f . mix them
togethf r in maJl .fcoUle.- Eyery
you so j nxnte affection of tbe fieHnl
nerves, or nearalgin, simply 1reaiKa. iht)
twaheiJa jour MM from tb bottle, Mi
jos will iM iavaedintelj relieTed.". ,