Page images

captains, officers, and crews, and specially in reference to wages and the execution of mutual contracts. Neither any court or tnL,mJ'rfrJe'TM!i"m 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 To .,d co».uiar the rendering of efficient aid to the Consuls, when they may "m""- 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.

Article XIV.

Consuls General, Consuls, Vice-Consuls,or Consular Agents may arrest cn.n!, *r m„ tne onicer85 sailors, and all other persons making part of ."MmSS 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 Mod.ofProc.d»r. to either the Federal, State, or municipal courts or authoriin.uchc«». ^je8> an(j tne Consuls of the United States in Germany shall apply to any of the competent authorities, and make a reqnest 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 thay 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 i>«.etKr» to * protection shall be furnished them for the pursuit, seizure, mt i tc. an(j arrest; 0f ^e 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.

Article XV.

In the absence of an agreement to the contrary between the owners, i»«ered 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 countries. 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.

Article XVI.

In the event of a vessel belonging to the Government or owned by a citizen of one of the two contracting parties being wrecked, Wrrj.M ,^.u or cast on shore, on the coast of the other, the local anthori- •*"•«•• ties 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 ou shore.

For the intervention of the local authorities, no charges

« ii i ^ ,i * • mm i , Consuls only to in

shall be made, except such as in similar cases are paid by for crui. vessels of the nation. purpo^

In case of a doubt concerning the nationality of a shipwrecked vessel, the local authorities shall have exclusively JS"" 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 free of tirepl, &(\, to be all duties.

Article XVII.

With regard to the marks of 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 iu the United States of America, and American citizens shall enjoy iu Germany, the same protection as native citizens.

Article XVIII.

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 "1 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 notice.

In faith whereof the Plenipotentiaries have signed and sealed this Convention.

Berlin, the 11th of December, 1871.



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—

L That, in accordance with the instruction given him by his Governw<,r<i "proper.," meut, with the advice and consent of the Senate, the expres;°x^^""".l sion "property,"used in the English text of Articles III Mm* an(j ix, is to be construed as meaning and intending " real


2. That, according to the laws and the Constitution of the United Artici. x toro.iT States, Article X applies, not only to persons of the male m*. u> fcm»i<„. geX) Du^ a]go ^Q 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 29th April, 1872.





Article,? agreed upon, by and between Richard Oswald, Esquire, the Commissioner of His Britannic Majesty, for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty on the one part, and John Adams, Benjamin Franklin, John Jay, and, Henry Laurens, fou r of the Commissioners of the said States for treating of peace ivith the Commissioner of his said Majesty, on their behalf, on the other part. 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 is not to be concluded untill terms of a peace shall be agreed upon between Great Britain and France, and His Britannic Majesty shall be ready to conclude such treaty accordingly.

"Whereas reciprocal advantages and mutual convenience are found by experience to form the only permanent foundation of peace and friendship between States, it is agreed to form the articles of the proposed treaty on such principles of liberal equity and reciprocity, as that partial advantages (those seeds of discord) being excluded, such a beneficial and satisfactory intercourse between the two countries may be established as to promise and secure to both perpetual peace and harmony.

Article I.

His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachuset's Bay, Rhode Island and „niMd St>tt, „.. Providence Plantations, Connecticut, New York, New Jer- .bn3 sey, Pennsylvania, Delaware, Maryland,Virginia, North Car- i"d«pe°di">t olina, South Carolina, and Georgia, to be free, sovereign, and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claim to the Gouvernment* propriety, and territorial rights of the same and every part thereof; and that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared that the following are and shall be their boundaries, viz:

Article II.

From the northwest angle of Nova Scotia, viz., that angle which is formed by a line drawn due north from the source of St. Bo^e. Croix River to the Highlands; along the Highlands which 1,,I""L divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic Ocean, to the northwesternmost head of Connecticut River; thence down along the middle of that river to the 45th degree of north latitude; from thence, by a line due ■west on said latitude untill it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario, through the middle of said lake untill it strikes the communication by water between that lake and Lake Erie; thence along the middle of said communication into Lake Erie, through the middle of said lake untill it arrives at the water communication between that lake and Lake Huron;. thence along the middle of said water communication into the Lake Huron; thence through the middle of said lake to the water communication between that lake and Lake Superior; thence through Lake Superior northward of the isles Royal and Phelippeaux, to the Long Lake; thence through the middle of said Long Lake, and the M ater communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most northwestern point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi untill it shall intersect the northernmost part of the 31st degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of 31 degrees north of the equator, to the middle of the river Apalachicola or Catahouchc; thence along the middle thereof to its junction with the Flint River; thence strait to the head of St. Mary's River: and thence down along the middle of St. Mary's River to the Atlantic Ocean. East, by a line to be drawn along the middle of the river St. Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean, from those which fall into the river St. Laurence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy and the Atlantic Ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia.

Article III.

It is agreed that the people of the United States shall continue to euRUhi »r 6.herr j°y unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland; also in the Gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island;) and also on the coasts, bays, and creeks of all other of his Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, irroprietors, or possessors of the ground.


It is agreed that creditors on either side shall meet with no lawful DAutob, .4 impediment to the recovery of the full value in sterling ""*' money of all bona fide debts heretofore contracted.

« PreviousContinue »