Page images
PDF

The respective Consuls General, Consuls, Vice-Consuls, or consular agents, shall have the right, also, to receive at their offices, or bureaux, conformably to the laws and regulations of their country, all acts of agreemeut executed between the citizens of their own country aud citizens or inhabitants of the country in which they reside, and even all such acts between the latter, provided that these acts relate to property situated, or to business to be transacted, in the territory of the nation to which the Consul or the agent before whom they are executed may belong.

Copies of such papers, duly authenticated by the Consuls General, Consuls, Vice-Consuls, or consular agents, and sealed with

•i'd l>y lliem to be re

the official seal of their consulate or consular agency, shall be admitted in courts, of justice throughout the United States and France, in like mannef as the originals.

Article VII.

In all the States of the Union, whose existing laws permit it, so long KM* u> hoid pro?, and to the same extent as the said laws shall remain in force, Frenchmen shall enjoy the right of possessing personal and real property by the same title and in the same manner as the citizens of the United States. They shall be free to dispose of it as they may please, either gratuitously or for value received, by donation, testament, or otherwise, just as those citizens themselves; and in no case shall they be subjected to taxes on transfer, inheritance, or any others different from those paid by the latter, or to taxes which shall not be equally imposed.

As to the States of the Union, by whose existing laws aliens are not permitted to hold real estate, the President engages to recommend to them the passage of such laws as may be necessary for the purpose of conferring this right.

In like manner, but with the reservation of the ulterior right of establishing reciprocity in regard to possession and inheritance, the Government of France accords to the citizens of the United States the same rights witbin its territory in respect to real and personal property, and to inheritance, as are enjoyed there by its own citizens.

. Article VIII.

The respective Consuls General, Consuls, Vice-Consuls, or consular on.,,1, to h.TM agents, shall have exclusive charge of the internal order of ^'"".rS»"indi."«T tne merchant-vessels of their nation, and shall alone take ';.'"»";, „r ","v o»a cognizance of differences which may arise, either at sea or in D«,»i port, between the captain, officers, and crew, without excep

tion, particularly in reference to the adjustment of wages and the execution of contracts. The local authorities shall not, on any pretext, interfere in these differences, but shall lend forcible aid to the Consuls, when they may ask it, to arrest and imprison all persons composing the crew whom they may deem it necessary to eonliue. Those persons shall be arrested at the sole request of the Consuls, addressed in writing to the local authority, and supported by an official extract from the register of the ship or the list of the crew, aud shall be held, during the whole time of their stay in the port, at the disposal of the Consuls. Their release shall be granted at the mere request of the Consuls made in writing. The expenses of the arrest and detention of those persons shall be paid 0 by the Consuls.

Article IX.

The respective Consuls General, Consuls, Vice-Consuls, or consular agents, may arrest the officers, sailors, and all other per- CM. „r imn„. sons making part of the crews of ships of war, or nier- fro°''<■»«'•• chant vessels of their nation, who may be guilty or be accused of having deserteil said ships and vessels, for the purpose of sending them on board, or back to their couutry. To that end the Consuls of France in the United States shall apply to the magistrates designated in the act of Congress of May 4, 1826—that is to say, indiscriminately to any of the Federal, State, or municipal authorities; and the Consuls of the United States in France shall apply to any of the competent authorities and make a request in writing for the deserters, supporting it by an exhibition of the registers of the vessel and list of the crew, or by other official documents, to show that the men whom they claim belonged 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 them. All aid and protection shall be furnished them for the pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country at the request and at the expense of the Consuls until these agents 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.

Article X.

The respective Consuls General, Consuls, Vice-Consuls, or consular agents, shall receive the declarations, protests, and reports of all captains of vessels of their nation in reference to injuries experienced at sea; they shall examine and take note of the stowage; and when there are no stipulations to the contrary between the owners, freighters, or insurers, they shall be charged Avith the repairs. If any inhabitants of the country in which the Consuls reside, or citizens of a third nation, are interested in the matter, and the parties can- , not agree, the competent local authority shall decide.

Article XI.

All proceedings relative to the salvage of American vessels wrecked upon the coasts of France, and of French vessels wrecked upon the coasts of the United States, shall be respectively directed by the Consuls General, Consuls, and Vice-Consuls of the United States in France, aud by the Consuls General, Consuls, and Vice-Consuls of France in the United States, and until their arrival by the respective consular agents, wherever an agency, exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and wTho shall be immediately informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property.

The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved.

It is understood that such merchandise shall not be subjected to any custom-house duty if it is to be re-exported; and if it be entered for consumption, a diminution of such duty shall be allowed in conformity with the regulations of the respective countries.

Article XII.

The respective Consuls General, Consuls, Vice-Consuls, or consular agents, as well as their consular pupils, chancellors, and secu»»i.,,mm.»,.,TM. retarics, shall enjoy in the two countries all the other privileges, exemptions, and immunities which may at any future time be granted to the agents of the same rank of tbe most favored nation.

Article Xffl,

The present convention shall remain in force for the space of ten D»r«tion oi <h,. years from the day of the exchange of the ratifications, r-onveption. which shall be made in conformity with the respective constitutions of the two countries) and exchanged at Washington within the period of six months, or sooner if possible. In case neither party gives notice twelve mouths before the expiration of the said period of ten years of its intention not to renew this convention, it shall remain in force a 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 give such notice.

In testimony whereof the respective Plenipotentiaries have signed this convention, and hereunto affixed their respective seals.

Done at the city of Washington the twenty-third day of February, anno Domini one thousand eight hundred and fifty-three.

EDWARD EVERETT. [L. S.J
SAETIGES. [L. S.J

FRANCE, 1858.

CONVENTION BETWEEN THE UNITED STATES AND FRANCE, AGREEING TO AN ADDITIONAL ARTICLE TO THE EXTRADITION CONVENTION BETWEEN THE TWO COUNTRIES. SIGNED AT WASHINGTON FEBRUARY 10, 1858; RATIFICATIONS EXCHANGED AT WASHINGTON FEBRUARY 12, 1859 ; PROCLAIMED FEBRUARY 14, 1859.

Additional article to the extradition convention between the United States and France, of the 9th of November, 184.'$, and to the additional article of the 2ith of February, 1845.

It is agreed between the high contracting parties that the provisions prr.«nito ba.nr- of the treaties for the mutual extradition of criminals bere»dered. tween the United States of America and France, of Novem

ber 9th, 1S43, and February 24th, 1845, and now in force between the two Governments, shall extend not only to persons charged with the crimes therein mentioned, but also to persons charged with the following crimes, whether as principals, accessories, or accomplices, namely: Forging or knowingly passing or putting in circulation counterfeit coin or banlf notes or other paper current as money, with intent to defraud any person or persons; embwalement by any person or persons hired or salaried to the detriment of their 'employers, when these crimes are subject to infamous punishment.

In witness whereof the respective Plenipotentiaries have signed the present article in triplicate, and have affixed thereto the seal of their arms.

Done at Washington the tenth of February, I83S.

LEW.«1ASS. [SEAL.]
SARTIGES. [seal.]

FEANCE, 1869.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND FRANCE, CONCERNING TRADE-MARKS. CONCLUDED APRIL 16, 1869; RATIFICATIONS EXCHANGED JULY 3, 1669; PROCLAIMED JULY 6, 1869.

The United States of America and His Majesty the Emperor of the French, desiring to secure in their respective territories a guarantee of property in trade-marks, have resolved to conclude a special convention for this purpose, and have named as their Plenipotentiaries: The President of the United States, Hamilton Fish, Secretary of State, and His Majesty the Emperor of the French, J. Berthemy, Commander of the Imperial Order of the Legion of Honor, &c, &c, &c, accredited ag his Envoy Extraordinary and Minister Plenipotentiary to the United States; and the said Plenipotentiaries, after an examination of their respective full powers, which were found to be in good and due form, have agreed to and signed the following articles:

Article I.

Every reproduction in one of the two countries of trade-marks affixed in the other to certain merchandise to prove its origin and quality is forbidden, and shall give ground for an action for damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven, just as if the plaintiff were a subject or citizen of that country.

The exclusive right to use a trade-mark for the benefit of citizens of the United States in France, or of French subjects in the territory of the United States, cannot exist for a longer period than that fixed by the law of the country for its own citizens.

If the trade-mark has become public property in the country of its origin, it shall be equally free to all in the other country.

Article II.

If the owners of trade-marks, residing in either of the two countries, wish to secure their rights in the other country, they must deposit duplicate copies of those marks in the Patent-Office at Washington, and in the clerk's office of the tribunal of commerce of the Seine, at Paris.

Article III.

The present arrangement shall take effect ninety days after the exchange of ratifications by the two Governments, and shall continue in force for ten years from this date.

In case neither of the two high contracting parties gives notice of its intention to discontinue this convention, twelve months before its expiration, it shall remain in force one year from the time that either of the high contracting parties announces its discontinuance.

Article IV.

The ratiiications of this present arrangement shall be exchanged at Washington, within ten months, or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed the present convention in duplicate, and affixed thereto the seal of their arms.

Done at Washington the sixteenth day of April, in the year of our Lord one thousand eight hundred and sixty-nine.

HAMILTON FISH. [seal.
BERTHEMY. [seal.

The following decisions have been made in courts of the United States upon provisions of our treaties with France:

The treaty of amity and commerce of 1778 with Franco, Article 11, enabling French subjects to purchase and hold lands in the United States, being abrogated in 1798; the act of Maryland of 1780, permitting the lands of a French subject who had become a citizen of that State, dying intestate, to descend on the next of kin, being a nonnaturalized, Frenchman, with a proviso vesting the lands in the State if the French heirs should not within ten years beoome resident citizens of the State, or convey the lands to a citizen; and the convention of 1800, between France and the United States, enabling the people of oue country, holding lands in the other, to dispose of the same by testament, and to inherit lands iu the other, without being naturalized: Held, that the latter treaty dispensed with the performance of the condition in the act of Maryland, and that the constitutioual rule applied equally to the case of those who took by dewent under the act, as to those who acquired by purchase without its aid. (Chirac vs. Chirac, 2 Wheat., 259; 4 Cond. Rep., 111.)

The further stipulation in the treaty, "that in case the laws of either of the two States should restrain strangers from the exorcise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be," does not affect the rights of a French subject who takes or holds by the convention, so as to deprive him of the power of selling to citizens of the country; and gives to a French subject who has acquired lands by descent or devise, (and, perhaps, in any other manner,) the right during life to sell or otherwise dispose of the same, if lying in a State where lauds purchased by an alien, gonorally, would be immediately escheatable. (Ibid.)

Although tho convention of 1800 has expired, yet the instant a descent was cast on a French subjectduriug its continuance, his rights became complete under it, and cannot be affected by its subsequent expiration. (Ibid.)

America was bound as an ally of France by the capitulation between France and Great Britain for the surrender of Dominica. (Miller vs. The Ship Resolution, 2 Dall. Rep., 15.)

The Phrebo Auu, a British vessel, had beeu captured by a French privateer, and sent into Charleston. Restitution of the prize was claimed by the British consul, who filed a libel iu tho district court, suggesting that tho privateer had been illegally fitted out, and had illegally augmeuted her force withiu the United States. It appeared iu proof that the privateer had originally entered tho port of Charleston, armed and commissioned for war; and that she had taken out her guns, masts, and sails, which remained on shore until tho general repairs of the vessel were completed, when they were again put on board, with the same force or thereabouts; and on a subsequent cruise the prize was taken.

Ellsworth, Chief Justice. Suggestions of policy and convenience cannot be considered in the judicial determination of a question of right; the treaty with France, whatever that is, must have its effect. By tho nineteenth article it is declared that French vessels, whether public and of war, or private and of merchants, may, on any urgent necessity, enter our ports, and be supplied with all things needful for repairs. Iu the present case the privateer only underwent a repair; aud tho mere replacement of her force cannot bo a material augmentation; even if au augmentation of force could be proven, which we do not decide & sufficient cause of restitution. (Moodie vs. The Sloop PhabeAnn, 3Dall. Rep., 319.)

« PreviousContinue »