ARTICLE II. Payment by Bel This sum shall be paid to the Government of the Netherlands by the Belgian Government, at Antwerp, or at Amsterdam, at the choice of the latter, the franc calculated at 474 cents of the ium. 'Netherlands, as follows: One-third immediately after the exchange of ratifications, and the two other thirds in three equal installments, payable on the 1st May, 1864, 1st May, 1865, and 1st May, 1866. The Belgian Government may anticilate the above-named payments. ARTICLE III. From and after the payment of the first installment of one-third, the dues shall cease to be levied by the Government of the Netherlands. When dues shall cease to be levied. The sums not immediately paid shall bear interest at the rate of 4 per cent. per annum, in favor of the treasury of the Netherlands. ARTICLE IV. It is understood that the capitalization of the dues shall not in any way affect the engagements by which the two States are Treaty engagements. bound, in what concerns the Scheldt, by treaties in force. ARTICLE V. The pilotage dues now levied on the Scheldt are reduced 20 per cent. for sailing vessels, 25 per cent. for towed vessels, and 30 per cent. for steam vessels. Pilotage dues. It is, moreover, agreed that the pilotage dues on the Scheldt can never be higher than the pilotage dues levied at the mouths of the Meuse. ARTICLE VI. The present treaty shall be ratified, and the ratifications shall be exchanged at the Hague within four months, or earlier if Ratifications. possible. In faith whereof the Plenipotentiaries above named have signed the same and affixed their seals. Done at the Hague, the 12th May, 1863. [L. S.] L. S. L. S. [L. S.] BARON DU JARDIN. P. VANDER MAESEN DE SOMBREFF. BETZ. [Translation.] Protocol of July 15, 1863, annexed to the treaty of July 20, 1863. The Plenipotentiaries undersigned, having come together in conference to determine the general treaty relative to the redemption of the Scheldt dues, and having judged it use Protocol. ful, before drawing up this arrangement in due form, to be enlightened with respect to the treaty concluded the 12th of May, 1863, between Belgium and Holland, have resolved, to this end, to invite the Minister of the Netherlands to take a place in the conference. The Plenipotentiary of the Netherlands presented himself in response to this invitation, and made the following declaration: "The undersigned, Envoy Extraordinary and Minister Plenipotentiary. of His Majesty the King of the Netherlands, declares, in virtue of the special powers which have been delivered to him, that the extinguishment of the Scheldt dues, consented to by his August Sovereign in the treaty of the 12th May, applies to all flags; that these dues can never be reëstablished in any form whatsoever; and that this extinguishment shall not affect in any way the other provisions of the treaty of the 19th April, 1839." "BARON GERICKE D'HERWYNEN. "BRUSSELS, July 15, 1863." Note has been taken and record made of this declaration, which shall be inserted in or annexed to the general treaty. Done at Brussels, the 15th July, 1863. [L. S.] L. S. BARON GERICKE D'HERWYNEN. J. T. DO. AMARAL. M. CARVALLO. P. BILLE BRAHE. D. COELLO DE PORTUGAL. HOWARD DE WALDEN ET SEAFORD. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S.] L. S. L. S. L. S. L. S. L. S. L. S. [L. S.] CONVENTION BETWEEN THE UNITED STATES AND BELGIUM-NATURALIZATION-CONCLUDED NOVEMBER 16, 1868; RATIFICATIONS EXCHANGED JULY 10, 1869; PROCLAIMED JULY 30, 1869. The President of the United States of America and His Majesty the King of the Belgians, led by the wish to regulate the citiPreamble, zenship of those persons who emigrate from the United States of América to Belgium, and from Belgium to the United States of America, have resolved to make a convention on this subject, and have appointed for their Plenipotentiaries, namely: The President of the United States of America, Henry Shelton San Negotiators. ford, a citizen of the United States, their Minister Resident near His Majesty the King of the Belgians; and His Maj Pamphlet Laws, 41st Congress, 2d session, p. 341 et seq. esty the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c., &c., &c., his Minister of Foreign Affairs; Who, after having communicated to each other their full powers, found to be in good and proper form, have agreed upon the following articles: ARTICLE I. When native citi zens of one country Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citizens of Belgium. Reciprocally, Belgians who may or who shall have been naturalized in the United States will be considered by Belgium as citizens of the United States. ARTICLE II. are to be treated as citizens of the other. Liability for com Citizens of either contracting party, in case of their return to their original country, can be prosecuted there for crimes or misdemeanors committed before naturalization, saving to them fitted before such limitations as are established by the laws of their alization. original country. ARTICLE III. natur Military service. Naturalized citizens of either contracting party who shall have resided five years in the country which has naturalized them cannot be held to the obligation of military service in their original country, or to incidental obligation resulting therefrom, in the event of their return to it, except in cases of desertion from organized and embodied military or naval service, or those that may be assimilated thereto by the laws of that country. ARTICLE IV. country. Citizens of the United States naturalized in Belgium shall be considered by Belgium as citizens of the United States when they Recovery of citi shall have recovered their character as citizens of the United zen-hip in original States, according to the laws of the United States. Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium. ARTICLE V. Duration of con The present convention shall enter into execution immediately after the exchange of ratifications, and shall remain in force for ten years. If, at the expiration of that period, neither of vention. the contracting parties shall have given notice six months in advance. of its intention to terminate the same, it shall continue in force until the end of twelve months after one of the contracting parties shall have given notice to the other of such intention. ARTICLE VI. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate, and by His Majesty the King of the Belgians, with the consent of Parliament; and the ratifications shall be exchanged at Brussels within twelve months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their seals. Made in duplicate at Brussels, the sixteenth of November, eighteen hundred and sixty-eight. [L. S.] L. S. H. S. SANFORD. JULES VANDER STICHELEN. BELGIUM, 1868.* CONVENTION BETWEEN THE UNITED STATES AND BELGIUM-RIGHTS, PRIVILEGES, AND IMMUNITIES OF CONSULS-CONCLUDED DECEMBER 5, 1868; RATIFICATIONS EXCHANGED JULY 8, 1869; PROCLAIMED MARCH 7, 1870. Preamble. The President of the United States of America and His Majesty the King of the Belgians, recognizing the utility of defining the rights, privileges, and immunities of consular officers in the two countries, deem it expedient to conclude a consular convention for that purpose; accordingly, they have named: Negotiators. The President of the United States of America, Henry Shelton Sanford, a citizen of the United States, their Minister Resident near His Majesty the King of the Belgians; and His Majesty the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c., &c., &c., his Minister of Foreign Affairs; Who, after having communicated to each other their full powers, found to be in good and proper form, have agreed upon the following articles: ARTICLE I. Each of the high contracting parties agrees to receive from the other, Liberty of appoint. Consuls General, Consuls, Vice-Consuls, and Consular ing, Consuls, &c. Agents, in all its ports, cities, and. places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other power. When consular ARTICLE II. Consular officers, on the presentation of their commissions in the forms established in their respective countries, shall be officers, &c., are to furnished with the necessary exequatur free of charge, and on the exhibition of this instrument they shall be permitted to enjoy the rights, prerogatives, and immunities granted by this convention. be entitled to rights as such. ARTICLE III. Consular officers, citizens of the State by which they are appointed, shall be exempt from arrest except in the case of offenses which the local legislation qualifies as crimes, and punishes Exemption from ar rest. *Pamphlet Laws, 2d session, 41st Congress, p. 351 et seq. it as such; from military billetings, from service in the militia or in the national guard, or in the regular army, and from all taxation, federal, state, or municipal. If, however, they are citizens of the state where they reside, or own property, or engage in business there, they shall be liable to the same charges of all kinds as other citizens of the country, who are merchants or owners of property. ARTICLE IV. Legal testimony. No consular officer who is a citizen of the state by which he was appointed, and who is not engaged in business, shall be compelled to appear as a witness before the courts of the country where he may reside. When the testimony of such a consular officer is needed, he shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally, at his dwelling or office. It shall be the duty of said consular officer to comply with this request without any delay which can be avoided. In all criminal cases contemplated by the sixth article of the amendments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office. A similar treatment shall also be extended to United States Consuls in Belgium, in the like cases. ARTICLE V. Right to hoist flag, Consuls General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices, or their dwellinghouses, the arms of their nation, with this inscription, &c. "Consulate, or Vice-Consulate, or Consular Agency" of the United States, or of Belgium, &c., &c. And they may also raise the flag of their country on their offices or dwelling houses, except in the capital of the country, when there is a legation there. ARTICLE VI. Consular archives inviolable. The consular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade them. 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. When, however, a consular officer is engaged in other business, the papers relating to the consulate shall be kept separate. 'ARTICLE VII. pre Rights of Acting In the event of the death, incapacity, or absence of Consuls General, Consuls, Vice-Consuls, and Consular Agents, their chancellors or secretaries, whose official character may have Consuls, &c. viously been made known to the Department of State at Washington, or to the Minister for Foreign Affairs in Belgium, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities granted to the incumbents. |