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notes or other paper current as money, with intent to defraud any person or persons; embezzlement 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, 1858.
LEW. CASS. [SEAL.]
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND FRANCE, CONCERNING TRADE-MARKS. CONCLUDED APRIL 16, 1869; RATIFICATIONS EXCHANGED JULY 3, 1869; 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 as 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:
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.
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.
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.
The ratifications 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.]
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 France, 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 become 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 one country, holding lands in the other, to dispose of the same by testament, and to inherit lands in 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 constitutional rule applied equally to the case of those who took by descent 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 exercise 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 lands purchased by an alien, generally, would be immediately escheatable. (Ibid.)
Although the convention of 1800 has expired, yet the instant a descent was cast on a French subject during 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 Phoebe Ann, a British vessel, had been captured by a French privateer, and sent into Charleston. Restitution of the prize was claimed by the British consul, who filed a libel in the district court, suggesting that the privateer had been illegally fitted out, and had illegally augmented her force within the United States. It appeared in proof that the privateer had originally entered the port of Charleston, armed and commissioned for war; and that she had taken out her guns, masts, and sails, which remained on shore until the 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 the 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. In the present case the privateer only underwent a repair; and the mere replacement of her force cannot be a material augmentation; even if an augmentation of force could be proven, which we do not decide a sufficient cause of restitution. (Moodie vs. The Sloop Phabe Ann, 3 Dall. Rep., 319.)
By the treaty with France of 1778, Articles 17 and 22, the subjects of France had a right to equip and arm their vessels in the ports of the United States, to bring in their prizes and depart with them, without interference by the courts of the United States. (Bee's Admiralty Reports, 40, 43.)
Under the treaty of 1778, neutral property captured on board an enemy's ship was lawful prize, contrary to the general law of nations. (Bee's Admiralty Reports., 74.)
The treaty for the cession of Louisiana took effect from its date. (United States vs. Reynes, 9 Howard, 127; Davis 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 the 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, &e., ceased to operate when the State of Louisiana was admitted into the Union. (New 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. Lucas, 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 France 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 the citizens of the United States, so far as permitted by the State laws, had no effect on the succession of one who died in 1848. (Prevost vs. Greneaux, 19 Howard, 1.)
Quere? Whether the General Government can by treaty control the succession of real or personal property in a State. (Ibid.)
The treaty ceding Louisiana to the 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, 662.).
GERMAN EMPIRE, 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 1, 1872. The President of the United States of America and His Majesty the Emperor of Germany, King of Prussia, in the name of the Contracting parties. 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 König, His Privy Councillor of Legation; who have agreed to and signed the following articles:
Consuls, &c., to be eceived.
Each of the Contracting Parties agrees to receive from the other 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.
Form of reception.
The Consuls General, Consuls, Vice-Consuls, or Consular Agents shall be reciprocally received and recognized, on the presenta tion of their commissions, in the forms established in 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 recip rocally granted. The Government that furnishes the exequatur reserves the right to withdraw the same on a statement of the reasons for which it has thought proper to do so.
May be with drawn.
The respective Consuls General, Consuls, Vice-Consuls, or Consular Agents, as well as their chancellors and secretaries, shall enjoy all rights, privi- enjoy in the two countries all privileges, exemptions, and immunities which have been granted, or may in future be
Consule, &c, to
taxes, &c., except,
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 citizens, to sonal immunity from arrest or imprisonment except in the be free from arrest. case of crimes, exemption from military billetings and contributions, 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 be 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 Engaging in comto avoid their commercial liabilities. Consular officers of merce, not to avoid either character shall not in any event be interfered with in ties. the exercise of their official functions, further than is indispensable for the administration of the laws of the country.
May place the arms of their nation over door, &c., and hoist flag.
Consuls General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices, or of their dwellings, the arms of their nation, with the proper inscription indicative of the office. And they may also hoist the flag 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 Consular archives examine or seize the papers forming part of them. When, however, a consular officer is engaged in other business, the papers relating to the consulate shall be kept in a separate enclosure.
Offices and dwell
si inviolable; but not
The offices and dwellings of Consules missi who are not citizens of the country of their residence shall be at all times inviolable. The local authorities shall not, except in the case of ings of Consules misthe pursuit for crimes, under any pretext invade them. In to be used as places no case shall they examine or seize the papers there deposited. In no event shall those offices or dwellings be used as places of asylum.
tions of the office.
In the event of the death, prevention, or absence of Consuls General, Consuls, Vice-Consuls, and Consular Agents, their chan- If Consul, &c., die, cellors or secretaries, whose official character may have who to exercise fune previously been made known to the respective authorities 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.