ARTICLE V.

Other claims.

As to the reclamations of French citizens against the Government of the United States, and the reclamations of citizens of the United States against the French Government, which are of a different nature from those which it is the object of the present convention to adjust, it is understood that the citizens of the two nations may prosecute them in the respective countries before the competent judicial or administrative authorities, in complying with the laws and regulations of the country, the dispositions and benefit of which shall be applied to them, in like manner as to native citizens.

ARTICLE VI.

Reciprocal engage ment to communicate documents, &c.

The French Government and the Government of the United States reciprocally engage to communicate to each other, by the intermediary of the respective legations, the documents, titles, or other informations proper to facilitate the examination and liquidation of the reclamations comprised in the stipulations of the present convention.

ARTICLE VII.

French wines,

The wines of France, from and after the exchange of the ratifications of the present convention, shall be admitted to consumption in the States of the Union at duties which shall not exceed the following rates, by the gallon, (such as it is used at present for wines in the United States,) to wit: six cents for red wines in casks; ten cents for white wines in casks; and twenty-two cents for wines of all sorts in bottles. The proportion existing between the duties on French wines thus reduced, and the general rates of the tariff which went into operation the first of January, 1829, shall be maintained, in case the Government of the United States should think proper to diminish those general rates in a new tariff.

In consideration of this stipulation, which shall be binding on the United States for ten years, the French Government abandons the reclamations which it had formed in relation to the 8th article Eighth article Louof the treaty of cession of Louisiana. It engages, more- isiana cession treaty over, to establish on the long staple cottons of the United States, which, after the exchange of the ratifications of the present convention, shall be brought directly thence to France by the vessels of the United States, or by French vessels, the same duties as on short staple cottons.

ARTICLE VIII.

The present convention shall be ratified, and the ratifications shall be exchanged at Washington, in the space of eight months, or sooner if possible.

Exchange of ratifi

cations.

In faith of which, the respective Plenipotentiaries have signed these articles, and thereto set their seals.

Done at Paris the fourth day of the month of July, one thousand eight hundred and thirty-one.

FRANCE, 1843.

CONVENTION FOR THE SURRENDER OF CRIMINALS BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF THE FRENCH. CONCLUDED NOVEMBER 9, 1843; RATIFICATIONS EXCHANGED APRIL 12, 1844; PROCLAIMED APRIL 13, 1844.

Preamble.

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 respective 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:

Persons accused of crimes to be given up to justice, upon re quisitions, &c.

ARTICLE I.

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.

Proviso.

Persons to be de

charged with certain

ARTICLE II.

Persons shall be so delivered up who shall be charged, according to the provisions of this convention, with any of the following livered up must be crimes, to wit: Murder, (comprehending the crimes desigspecified crimes. nated 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.

Surrender, by whom to be made.

ARTICLE III.

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.

The expenses

ARTICLE IV.

of any detention and delivery effected in virtue of the

preceding provisions shall be borne and defrayed by the

Expenses

to

be

Government in whose name the requisition shall have been borne by the party made.

ARTICLE V.

making requisition.

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 of fence of a purely political character.

ARTICLE VI.

Not to apply to crimes heretofore committed, or pol tical offences,

This convention shall continue in force until it shall be abrogated by the contracting parties, or one of them; but it shall not be To continue till abrogated, except by mutual consent, unless the party de- abrogated. siring to abrogate it shall give six months' previous notice of his intention to do so. It shall be ratified, and the ratifications shall Ratifications to be be exchanged within the space of six months, or earlier if exchanged within six possible.

months.

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. A. P. UPSHUR. [L. S.] A. PAGEOT. L. S.

FRANCE, 1845.

ADDITIONAL ARTICLE TO THE TREATY WITH FRANCE, OF NOVEMBER 9, 1843. CONCLUDED FEBRUARY 24, 1845; RATIFICATIONS EXCHANGED JUNE 21, 1845; PROCLAIMED JULY 24, 1845.

The crimes of rob

fined, and included

this treaty.

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 bery and burglary de crime of burglary, defining the same to be, breaking and in the provisions of 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 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.

A. PAGEOT.

FRANCE, 1853.

CONSULAR CONVENTION WITH FRANCE. CONCLUDED FEBRUARY 23, 1853; RATIFICATIONS EXCHANGED AUGUST 11, 1853; PROCLAIMED AUGUST 12,

1853.

Consular convention between the United States of America and his Majesty the Emperor of the French.

Preamble.

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:

Negotiators.

The President of the United States, the Honorable Edward Everett, Secretary of State of the United States; His 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:

Exequaturs.

ARTICLE I.

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 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.

&c.

Immunities and

ARTICLE II.

The Consuls General, Consuls, Vice-Consuls, or consular agents of the United States and France, shall enjoy in the two countries privileges of consuls, the privileges usually 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 they 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 dwell

ing 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.

is to be taken.

They shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, How their evidence 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 Consular pupils.

agents.

In case of death, indisposition, or absence of the latter, the chancellors, secretaries, and consular pupils attached to their offices, Provision in case shall be entitled to discharge ad interim the duties of their of death of consular respective posts; and shall enjoy whilst thus acting the prerogatives granted to the incumbents.

ARTICLE III.

agents.

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.

ARTICLE IV.

Immunities of their offices, dwellings, and papers.

The Consuls General, Consuls, Vice-Consuls, or consular agents, of both countries, shall have the right to complain to the authori- Complaints of inties of the respective Governments, whether federal or local, fractions of treaties. judicial or executive, throughout the extent of their consular district, of any infraction of the treaties or conventions existing between the United States and France, or for the purpose of protecting informally the rights and interests of their countrymen, especially in cases of absence. Should there be no diplomatic agent of their nation, they shall be authorized, in case of need, to have recourse to the General or Federal Government of the country in which they exercise their functions.

ARTICLE V.

and

The respective Consuls General, and Consuls, shall be free to estab lish, in such parts of their districts as they may see fit, Vice-consuls Vice-Consuls, or consular agents, who may be taken indis- agents. criminately from among Americans of the United States, Frenchmen, or citizens of other countries. These agents, whose nomination, it is understood, shall be submitted to the approval of the respective Governments, shall be provided with a certificate given to then by the Consul by whom they are named, and under whose orders they are to act.

ARTICLE VI.

To receive pro

The Consuls General, Consuls, Vice-Consuls, or consular agents, shall have the right of taking at their offices or bureaux, at the domicil of the parties concerned, or on board ship, the tests. declarations of captains, crews, passengers, merchants, or citizens of their country, and of executing there all requisite papers.