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By the treaty with Franco of 1778, Articles 17 and 22, the subjects of Franco had a rifjht to equip and arm their vessels in tho ports of the United States, to bring in their prizes and depart with them, without interference by the courts of the United States. (Ilee's Admiralty Reports, 40, 43.)
Under tho treaty of 1778, neutral property captured on board an enemy's ship was lawful prize, contrary to the general law of nations, (lice's Admiralty Reports., 74.)
The treaty for the cession of Louisiana took effect from its date. ( United States vs. lieynes, 9 Howard, 127; Uacis vs. Parish of Concordia, Ibid., 280; United States vs. Pillerin, 13 Howard, 9.)
The stipulation for the protection of its inhabitants, in the enjoyment of their property, did not embrace grants by tho Spanish authorities, after they had ceased to have power to make such grants. (Ibid.)
The stipulation in the treaty for the protection of the inhabitants in their property, &c, ceased to operate when the State of Louisiana was admitted into the Union. (Sew Orleans vs. De Armas, 9 Peters, 223.)
The treaty for the cession of Louisiana protected claimants under the French or Spanish Governments to inchoate titles to lands. (Delassars vs. United States, 9 Peters, 117; Choteau's heirs vs. United States, Ibid., 137; Strother vs. Lueas, 12 Peters, 410.)
By the cession of Lousiana, the Government of the United States succeeded to all the rights and interests formerly possessed by those of Franco and Spain in that province, including reservations of the right to use land when wanted for fortifications. (Josephs vs. United States, 1 Nott & Huntingdon, 197; same case, 2 Nott & Huntingdon, 586.)
The treaty of 1853, securing to citizens of France the same, rights of succession as are possessed by tho citizens of the United States, so far as permitted by the State laws, had no effect on tho succession of one who died in 1848. (Precost vs. Grcneaux, 19 Howard, 1.)
Queref Whether the General Government can by treaty control the succession of real or personal property in a Stato. (Ibid.)
The treaty ceding Louisiana to tho United States could not enlarge the constitutional powers of the latter nor vest in the Government the police powers over public places formerly exercised by the Crown. (New Orleans vs. United States, 10 Peters, (il>2.) GEEMAN EMPIRE.
GEEMAN EMPIEE, 1871.
CONVENTION BETWEEN THE UNITED STATES AND THE GERMAN EMPIRE, RESPECTING CONSULS AND TRADE-MARKS. SIGNED DECEMBER 11, 1871; RATIFICATIONS EXCHANGED APRIL 29, 1872; PROCLAIMED JUNE I, 1872.
The President of the United States of America and His Majesty the Emperor of Germany, King of Prussia, in the name of the
°'TMc""* German Empire, led by the wish to define the rights, privileges, immunities, and duties of the respective Consular Agents, have agreed upon the conclusion of a Consular Convention, and for that purpose have appointed their Plenipotentiaries, namely:
The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States, near His Majesty the Emperor of Germany; His Majesty the Emperor of Germany, King of Prussia, Bernard Konig, His Privy Councillor of Legation; who have agreed to and signed the following articles:
Each of the Contracting Parties agrees to receive from the other con.»i.,tc.tpi,e Consuls General, Consuls, Vice-Consuls, and Consular
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 Contracting Parties without also applying to every other Power.
The Consuls General, Consuls, Vice-Consuls, or Consular Agents shall rf be reciprocally received and recognized, on the presenta
ormo n^p.o.. 0f jjjgj,. commissions, in the forms established iu their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them free of charge, and, on '' the exhibition of this instrument, they shall be admitted at
once, and without difficulty, by the territorial authorities, Federal, State, or communal, judicial, or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the prerogatives recipK« br»i,M » rocally granted. The Government that furnishes the exev »« mwi.. fjUa£ur reserves the right to withdraw the same on a statement of the reasons for which it has thought proper to do so.
The respective Consuls General, Consuls, Vice-Consuls, or Consular ron.ni ^ Agents, as well as their chancellors and secretaries, shall »niw"iyi,i.t«TpnTM enjoy in the two countries all privileges, exemptions, and c' • immunities which have been granted, or may in future be granted, to the agents of the same rank of the most favored nation. Consular officers, not being citizens of the country where they are accredited, shall enjoy, in the country of their residence, per- If not tMtMi ,„ sonal immunity from arrest or imprisonment except in the txrTM£'°'n,"S$\ case of crimes, exemption from military billetings and con- tctributious, from military service of every sort and other public duties, and from all direct or personal or sumptuary taxes, duties, and contributions, whether Federal, State, or municipal. If, however, the said consular officers are or become owners of property in the country in which they reside, or engage in commerce, they shall b^ subject to the same taxes and imposts, and to the same jurisdiction, as citizens of the country, property-holders, or merchants. But under no circumstances shall their official income be subject to any tax. Consular officers who engage in commerce shall not plead their consular privileges tv^„ ,» „„,. to avoid their commercial liabilities. Consular officers of TM;TM°;r;;i u,!Zt. either character shall not in any event be interfered with in the exercise of their official functions, further than is indispensable for the administration of the laws of the country.
Consuls General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices, or of their dwell- Mw ,,,„, ,h, ings, the arms of their nation, with the proper inscription f,TM; jLV^'iTM'3 indicative of the office. And they may also hoist the, flag h-M<1"of their country on the consular edifice, except in places were a legation of their country is established.
They may also hoist their flag on board any vessel employed by them in port for the discharge of their duty.
The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to c„n..ui„r Utmtm examine or seize the papers forming part of them. When, '»Ti<>Ubla however, a consular officer is engaged in other business, the papers relating to the consulate shall be kept in a separate enclosure.
The offices and dwellings of Consulcs missi who are not citizens of the country of their residence shall be at all times invio- d lable. The local authorities shall not, except in the case of the pursuit for crimes, under any pretext invade them. In "o".»".Ve,i » no case shall they examine or seize the papers there depos- "' °*yu"L ited. In no event shall those offices or dwellings be used as places of asylum.
In the event of the death, prevention, or absence of Consuls General, Consuls, Vice-Consuls, and Consular Agents, their chancellors or secretaries, whose official character may have who toexercisc funepreviously been made known to the respective authorities 1,"r,b°oir,c' in Germany or in the United States, may temporarily exercise their functions, and, while thus acting, they shall enjoy all the rights, prerogatives, and immunities granted by this convention to the incumbents. s
If notice is not taXfn. may Government.
Consuls General and Consols may, with the approbation of their revi^coTMui» spective Governments, appoint Vice-Consuls and Consular iun.ui»Ai«»u. Agents in the cities, ports, and places within their consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the Government of the country which he represents. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Article III.
Consuls General, Consuls, Vice-Consuls, and Consular Agents shall 'c.„»,.ia,*< , m„T have the right to apply to the authorities of the respective ffJft^fo'r^drTM countries, whether Federal or local, judicial or executive, "* ,»fti"Mli°»- within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries, or of international law; to ask information of said authorities, and to address said authorities to the end of protecting the rights and interests of their countrymen, especially in cases of the absence of the latter; in which cases such Consuls, etc., shall be presumed to be their legal representatives. If due notice should not »i".iyTo be taken of sudi application, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside.
Consuls General, Consuls, Vice-Consuls, or Consular Agents of the .-on-uK *c w two countries, or their chancellors, shall have the right, .«k. .i.p.».,t,oo.., conformably to the laws and regulations of their country—
1. To take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the captains and crews, of passengers on board of them, of merchants, or of any other citizens of their own country.
2. To receive and verify unilateral acts, wills, and bequests of their
m> countrymen, and any and all acts of agreement entered *;-..«fih^Jo.."i,J- upon between citizens of their own country, and between such citizens and the citizens or other inhabitants of the country where they reside; and also all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation by which the said consular officers are appointed.
All such acts of agreement and other instruments, and also copies Sort and translations thereof, when duly authenticated by such
Tt1° Consul General, Consul, Vice-Consul, or Consular Agent, under his official seal, shall be received by public officials, and 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 or authenticated by competent public officers of one or the other of the two countries.
In case of the death of any citizen of Germany iu the United States, or of any citizen of the United States, in the German Empire, without having in the country of his decease any known <TM«£',""£1 heirs or testamentary executors by him appointed, the nearest Consul' to bo competent local authorities shall at once inform the nearest n'"'6ed consular officer of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested.
The said consular officer shall have the right to appear personally or by delegate in all proceedings on behalf of the absent heirs or creditors, until they are duly represented.
In all successions to inheritances, citizens of each of the contracting parties shall pay in the country of the other such duties only as they would.be liable to pay, if they were citizens of SucTM"""iaUMm the country in which the property is situated or the judicial administration of the same may be exercised.
Consuls General, Consuls, Vice-Consuls, and Consular Agents of the two countries are exclusively charged with the inventory- c^,,,, „, e,i„ ing and the safe-keeping of goods and effects of every kind ST^d^uTM left by sailors or passengers on ships of their nation who "p"""*". die, either on board ship or on land, during the voyage or in the port of destination.
Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to go either in person or by proxy ou board in MI1Kt vessels of their nation admitted to entry and to examine the ^ti;°*l!i,ini';|Wib2>r officers and crews, to examine the ships' papers, to receive 'nl,T declarations concerning their voyage, their destination, and the incidents of the voyage; also to draw up manifests and lists of freight, to facilitate the entry and clearance of their vessels, and Anally to accompany the said officers or crews before the judicial or administrative authorities of the country, to assist them as their interpreters or agents.
The judicial authorities and custom-house officials shall in no case proceed to the examination or search of merchant-vessels with- KmhM „„,.,,, out having given previous notice to the consular officers of S",t..">„aho«":pbr£ the nation to which the said vessels belong, in order to ena- *■«■<»•■<"■«'■ ble the said consular officers to be present.
They shall also give due notice to the said consular officers, 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 officers or persons belonging to 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 Sotic> t0 „amc ,he hour fixed for such proceedings. Upon the non-appearance ho'" of the said officers or their representatives, the case may be proceeded with in their absence.
Consuls General, Consuls, Vice-Consuls, or Consular Agents shall have •exclusive charge of the internal order of the merchant-ves- co»«u, to sels of their nation, and shall have the exclusive power to take cognizance of and to determine differences of every ^Si,*TM^!?' kind which may arise, either at sea or in port, between the