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The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to r„n.„i.r .„-!,,>,.. examine or seize the papers forming part of them. *"
In the event of incapacity, absence, or death of Consuls General, Consuls, Vice-Consuls, their Consular Pupils, Chancellors, or Sec- T,eat rf ^ of retaries, whose official character may have been previously c'","',■ **'made known to the respective authorities in the United States, or in the Austro-Hungarian Empire, shall be admitted at once to the temporary exercise of the consular functions, and they shall, for the duration of it, enjoy all the immunities, rights, and privileges conferred upon tliein by the convention.
Consuls General and Consuls shall have the power to appoint ViceConsuls and Consular Agents inthe cities, ports, and towns rrc„„,„„ within their consular districts, subject, however, to the t»*j7.M\-.^TM*approbation of the Government of the country where they Sc reside. These Vice-Consuls and Consular Agents may be selected indis criminately from among citizens of the two countries or from foreigners, and they shall be furnished with a commission issued by the appointing Consul, under whose orders they are to be placed. They shall enjoy the privileges and liberties stipulated in this convention. To Vice-Consuls and to Consular Agents who are not citizens of the State which appoints them, the privileges and immunities specified in Article II shall not extend.
Consuls General, Consuls, Vice-Consuls, or Consular Agents of the two countries may, in the exercise of their duties, apply to the k lh,lioBOfrM, authorities within their district, whether federal or local, ^,1,!*".^'"^^ judicial or executive, in the event of any infraction of the treaties and conventions between the two countries; also for the purpose of protecting the rights of their countrymen. Should the said authorities fail to take due notice of their application, they shall be at liberty, in the absence of any diplomatic representative of their country, to apply to the Government of the country where they reside.
Consuls General, Consuls, Vice-Consuls, or Consular Agents of the two countries, also their chancellors, shall have the right to take To„„ of <-„„„,. at their office, at the residence of the parties, or on board t'^S^il^t ship, the depositions of the captains and crews of vessels of *° their own nation, of passengers on board of them, of merchants, or any other citizens of their own country 1 They shall have the power also to receive and verify, conformably to the laws and regulations of their country: 1st. Wills and bequests of their countrymen, and all such acts and contracts between their countrymen as are intended to be drawn up in an authentic form, and verified. 2nd. Any and all acts of agreement entered upon between citizens of their own country and inhabitants of the country where they reside. All such acts of agreement, and other instruments, and also copies thereof, -when duly authenticated by such Consul General, Consul, Vice-Consul, 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 oflicers of one or the other of the two countries. Consuls General, Consuls, Vice-Consuls, or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authorities or functionaries of their own country, and such papers shall have the same force and effect in the country where the aforesaid officers reside as if drawn up by sworn interpreters.
Consuls General, Consuls, Vice-Consuls, or Consular Agents shall be at liberty to go on board the vessels of their nation admitted *t, njiiiv.. to r,,, to entry, either in person or by proxy, and to examine the T.V7TMyr!"Ii,e£ captain and crew, to look into the register of the ship, to wmun reecive declarations with-reference to their voyage, 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 the said captains or crews before the courts and before the administrative authorities, in order to act as their interpreters or agents in their business transactions or applications of any kind. The judicial authorities and custom-house officials shall in no case proceed to the examination or search of merchant vessels Avithout previous notice to the 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 statements to be made in courts of law, or before local magistrates, by captains or persons composing 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, and upon the non-appearance of the said officers or their representatives, the case shall be proceeded with in their absence.
Consuls, Vice-Consuls, or Consular Agents, shall have exclusive charge ".tu-m-nt of .1,- °^ "'ternal order of the merchant vessels of their nation. KTna'Hw."^hey shall have therefore the exclusive power to take """" cognizance of and to settle all differences which may arise
at sea or in port between captains, officers, and crews in reference, to wages and the execution of mutual contracts, subject in each case to the laws of their own nation. Jibe local authorities shall in no way interfere, 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 forcible assistance if required by the Consuls, Vice-Consuls, or Consular Agents, and shall cause the arrest, temporary imprisonment, and removal on board his own vessel of every person whose name is found on the muster-rolls or register of the ship or list of the crew. .
Consuls General, Consuls, Vice-Consuls, or Consular Agents, shall have the power to cause the arrest of all sailors or all other persons belonging to the crews of vessels of their uatiou who may be guilty of having deserted on the respective territories of tho high contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship's register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of theso documents, showing that tho persons claimed really do belong to the ship's crew. Upon such request the surrender of the deserter shall uot be refused. Every aid and assistance shall, moreover, be granted to tho said consular authorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days' notice to the consul, the prisoner shall be set free, and he shall not bo liable to rearrest for tho same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The high contracting parties agree that seameu, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provisions of this article.
In all cases where no other agreement to the contrary exists between owners, freighters, and insurers, all damages suffered at sea s,„i,ni,lltor<ta„. by the vessels of the two countries, whether they enter the Sj'uejusi'ihsj respective ports voluntarily or by stress of weather, shall be I"",Jsettled by the Consuls General, Consuls, Vice-Consuls, or Consular Agents of their respective nations, provided no interests of citizens of the country where the said functionaries reside, nor of citizens of a third Power are concerned. In that case, and in the absence of a friendly compromise between all parties interested, the adjudication shall take place under supervision of the local authorities.
In the event of a vessel belonging to the Government, or owned by a citizen of one of the two contracting States, being wrecked or cast on shore upon the coast of the other, tho local authorities shall inform the Consuls General, Consuls, Vice-Consuls, or Consular Agents of the district of the occurrence, or if such Consular Agency does not exist, they shall communicate^with 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 Austro-Hungarian waters shall be. di-' e rected by the United States Consuls General, Consuls, Vice'Consuls, or Consular Agents; also all proceedings relative to the salvage of Austro-Hungarian vessels wrecked or cast on shore in American waters, shall be directed by Austro-Hungarian Consuls General, Consuls, Vice-Consuls, or Consular Agents.
An interference of the local authorities in the two countries shall take place for the purpose only of assisting the consular authorities in maintaining order and protecting the rights of salvors not belonging to the crew; also for enforcing the regulations relative to the import or export of the merchandise saved.
In the absence and until the arrival of the Consuls General, Consuls, Vice-Consuls, or Consular Agents, or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck.
No charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur.
In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execution of the provisions laid down in the present article.
The high contracting parties also agree that all merchandise arid goods not destined for consumption in the country in which the wreck takes place shall be tree of all duties.
Consuls General, Consuls, Vice-Consuls, and Consular Agents also ConMet iw,i „». sular Pupils, Chancellors, and Consular Officers shall enjoyin lorr/to'1'.^',; the two countries all the liberties, prerogatives, immunities, *c 'and privileges granted to functionaries of the same class of
the most favored nation.
In case of the death of a citizen of the United States in the AustrianHungarian Monarchy, or of a citizen of the Austrian-Hunor,o?',,n'Iry'.','T<'rn- garian Monarchy in the United States, without having any ton oi the o.h,T. kI10wn ilcjrs or testamentary executors by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the State to which the deceased belonged of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested.
The present convention shall remain in force for the space of ten p„n,uun or „. years from the date of the exchange of the ratifications, v.nt.ou. which shall be made in conformity with the respective con
stitutions of the two countries, and exchanged at Washington within the period often (10) months, or sooner, if possible.*
In case neither of the contracting parties gives notice before the expiration of the said term of his 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 have given such notice. *
In testimony whereof the respective Plenipotentiaries have signed this convention, and hereunto affixed their respective seals.
Done in duplicate at Washington, the eleventh day of July, in the year of our Lord one thousand eight hundred and seventy.
* By resolution of the Senate the time for exchange of ratifications was extended three months.
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE AUSTRO-HUNGARIAN EMPIRE, RELATING TO NATURALIZATION, SIGNED AT VIENNA ON THE >0TII OF SEPTEMBER, 1870. RATIFIED MARCH 24,1871.
The President of the United States of America, and His Majesty the Emperor of Austria, King; of Boliemia, etc., and Apostolic King of Hungary, led by the wish to regulate the citizenship of those persons who emigrate from the United States of America to the territories of the Austro-Hungarian Monarchy, and from the AustroHungarian Monarchy to the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries to couclude a convention, that is to say:
The President of the United States of America, John Jay, Envoy Extraordinary and Minister Plenipotentiary from the United States to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria, etc., Apostolic King of Hungary, the Count Frederick Ferdinand de Beust, His Majesty's Privy Counsellor and Chamberlain, Chancellor of the Empire, Minister of the Imperial House and of Foreign Affairs, Grand Cross of the Orders of St. Stephen and Leopold, who have agreed to and signed the following articles:
• Article I.
Citizens of the Austro-Hungarian Monarchy who have resided in the United States of America uninterruptedly at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Austria and Hungary roMlitM„ to be American citizens, and shall be treated as such. n»t»r,i,«tiU.,.
Reciprocally, citizens of the United States of America who have resided in the territories of the Austro-Hungarian Monarchy uninterruptedly at least live years, and during such residence have become naturalized citizens of the Austro-Hungarian Monarchy, shall be held by the United States to be citizens of the Austro-Hungarian Monarchy, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization.
A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for off(,ncps an action punishable by the laws of his original country t«i S TM.n.TTMcommitted before his emigration, saving always the limitation established by the laws of his original country and any other remission of liability to punishment.
In particular, a former citizen of flie Austro-Hungarian Monarchy, who, under the first article, is to be held as an American citizen, is liable to trial and punishment, according to the laws of Austro-Hungary, for non-fulfilment of military duty: 1st. If he has emigrated, after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army. rk)to0on of ,„„, 2d. If he has emigrated whilst he stood in service under ^«'iv* 'TM the flag, or had a leave of absence only for a limited time. 3d. If, having a leave of absence for an unlimited time, or belonging