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The Consuls-General and Consuls, before being admitted to exercise their functions, and to enjoy the immunities attached there- Their commissions to, must present a commission, in due form, to the government of His Majesty the King of the Netherlands.
to be presented.
After having obtained the exequatur, which shall be countersigned as promptly as possible by the governor of the colony, the said Consular Agents shall be entitled to the protection of the government, and to the assistance of the local authorities, in the free exercise of their functions.
The Government, in granting the exequatur, reserves the right of withdrawing the same, or to cause it to be withdrawn by the Governor of the colony, on a statement of the reasons for doing so.
The Consuls-General and Consuls are authorized to place on the outer door of their consulates the arms of their Government, with Inscription on their the inscription: "Consulate of the United States of America." offices.
Not to give the
It is well understood that this outward mark shall never be considered as conferring the right of asylum, nor as having the power to exempt the house and those dwelling therein from right of asylum. the prosecution of the local justice.
It is, nevertheless, understood that the archives and documents relating to the affairs of the consulate shall be protected against Archives, &c.. not all search, and that no authority or magistrate shall have subject to search or the power, under any pretext whatever, to visit or seize them, or to examine their contents.
The Consuls-General, Consuls, and Vice-Consuls shall not be invested with any diplomatic character.
Consuls, &c., not to have diplomatic powers, except, &e.
When a request is to be addressed to the Netherlands Government, it must be done through the medium of the Diplomatic Agent residing at the Hague, if one be there.
The Consul may, in case of urgency, apply to the Governor of the colony himself, showing the urgency of the case, and stating the reasons why the request cannot be addressed to the subordinate authorities, or that previous applications made to such authorities have not been attended to.
Consuls-General and Consuls shall be free to establish Vice-Consuls in the ports mentioned in art. 1, and situated in their consular districts.
Vice-Consuls may be appointed.
The Vice-Consuls may be taken indiscriminately from among the subjects of the Netherlands, or from citizens of the United States, or of any other country residing, or having the privilege, according to the local laws, to fix their residence in the port to which the Vice-Consul shall be named.
These Vice-Consuls, whose nomination shall be submitted to the ap
proval of the Governor of the colony, shall be provided with a certificate, given to them by the Consul under whose orders they exercise their functions.
The Governor of the colony may in all cases withdraw from the ViceConsuls the aforesaid sanction, in communicating to the Consul-General or Consul of the respective district the motives for his doing so.
Passports delivered or signed by Consuls or Consular Agents, do not Passports and their dispense the bearer from providing himself with all the papers required by the local laws, in order to travel or to establish himself in the colonies.
The right of the Governor of the colony to prohibit the residence in, or to order the departure from the colony of any person, to whom a passport may have been delivered, remains undisturbed.
When a ship of the United States is wrecked upon the coast of the Dutch colonies, the Consul-General, Consul, or Vice-Consul who is present at the scene of the disaster, will, in case of the absence, or with t[h]e consent of the captain or supercargo, take all the necessary measures for the salvage of the vessel, the cargo, and all that appertains to it.
In the absence of the Consul-General, Consul, or Vice-Consul, the Dutch authorities of the place where the wreck has taken place will act in the premises, according to the regulations prescribed by the laws of the colony.
Consuls-General, Consuls, and Vice-Consuls may, in so far as the exReclamation of de tradition of deserters from merchant-vessels or ships of war serters from vessels. shall have been stipulated by treaty, request the assistance of the local authorities for the arrest, detention, and imprisonment of deserters from vessels of the United States. To this end they shall apply to the competent functionaries, and claim said deserters, in writing, proving by the register of the vessel, the list of the crew, or by any other authentic document, that the persons claimed belonged to the
The reclamation being thus supported, the local functionaries shall exercise what authority they possess, in order to cause the deserters to be delivered up.
These deserters, being arrested, shall be placed at the disposal of said Consuls, and may be confined in the public prisons at the request and at the expense of those who claim them, in order that they may be taken to the vessels to which they belong, or to other vessels of the same nation. But if they are not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause.
It is understood, however, that if the deserter be found to have committed any crime, offence, or contravention, his extradition may be delayed until the court having cognizance of the matter shall have pronounced its sentence, and the same has been carried into execution.
In case of the death of a citizen of the United States, without
Estates of deceased
having any known heirs or testamentary executors, the Dutch authorities, who, according to the laws of the colo- persons. nies, are charged with the administration of the estate, will inform the Consuls, or Consular Agents, of the circumstance, in order that the necessary information may be forwarded to parties interested.
The Consuls-General, Consuls, and Vice-Consuls have, in that capacity, in so far as the laws of the United States of America allow Arbitration by it, the right to be named arbiters in the differences which Consuls. may arise between the masters and the crews of the vessels belonging to the United States, and this without the interference of the local authorities, unless the conduct of the crew or of the captain should have been such as to disturb the order and tranquillity of the country, or that the Consuls-General, Consuls, or Vice-Consuls, should request the assistance of the said authorities, in order to carry out their decisions or to maintain their authority.
It is understood, however, that this decision or special arbitrament is not to deprive, on their return, the parties in litigation of the right of appeal to the judiciary authorities of their own country.
taxes, services, &c.
The Consuls-General, Consuls, and Vice-Consuls, who are not subjects ⚫ of the Netherlands, who, at the time of their appointment, Liability of Conare not established as residents in the Kingdom of the suls, &c., to local Netherlands or its colonies, and who do not exercise any calling, profession, or trade, besides their consular functions, are, in so far as in the United States the same privileges are granted to the Consuls-General, Consuls, and Vice-Consuls of the Netherlands, exempt from military billetings, from personal taxation, and, moreover, from all public or municipal taxes which are considered of a personal character, so that this exemption shal never extend to custom-house duties or other taxes, whether indirect or real.
The Consuls-General, Consuls, and Vice-Consuls, who are not natives or recognized subjects of the Netherlands, but who may exercise conjointly with their consular functions any profession or trade whatever, are obliged to fulfill duties, and pay taxes and contributions, like all Dutch subjects and other inhabitants.
Consuls-General, Consuls, and Vice-Consuls, subjects of the Netherlands, but to whom it has been accorded to exercise consular functions conferred by the Government of the United States of America, are obliged to fulfill duties, and pay taxes and contributions, like all Dutch subjects and other inhabitants.
To have privil ges
The Consuls-General, Consuls, and Vice-Consuls of the United States shall enjoy all such other privileges, exemptions, and immunities, in the colonies of the Netherlands, as may at any of most favored na future time be granted to the agents of the same rank of the most favored nations.
The present convention shall remain in force for the space of five
Duration of this years from the day of the exchange of the ratifications, which shall take place within the delay of twelve months, or sooner
if possible. In case neither of the contracting parties gives notice twelve months before the expiration of the said period of five years, of its 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 give such notice.
In witness whereof, the respective Plenipotentiaries have signed the present convention, and have affixed thereto the seals of their arms. Done at the Hague this twenty-second day of January, in the year of our Lord one thousand eight hundred and fifty-five.
AUGUST BELMONT. [L. S.]
C. F. PAHUD.
[See Colombia. Ante, page 177 to page 195.]
TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION, BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF NICARAGUA. CONCLUDED JUNE 21, 1867; RATIFICATIONS EXCHANGED JUNE 20, 1868; PROCLAIMED AUGUST 13, 1868.
The United States of America and the Republic of Nicaragua, desiring to maintain and to improve the good understanding and the friendly relations which now happily exist between them, to promote the commerce of their citizens, and to make some mutual arrangement with respect to a communication between the Atlantic and Pacific Oceans by the river San Juan and either or both the lakes of Nicaragua and Managua, or by any other route through the Territories of Nicaragua, have agreed, for this purpose, to conclude a treaty of friendship, commerce, and navigation, and have accordingly named as their respective Plenipotentiaries, that is to say:
The President of the United States, Andrew B. Dickinson, Minister Resident and Extraordinary to Nicaragua; and His Excellency the President of the Republic of Nicaragua, Señor Licenciado Don Tomas. Ayon, Minister of Foreign Relations:
Who, after communicating to each other their full powers, found in due and proper form, have agreed upon the following articles:
There shall be perpetual amity between the United States and their citizens on the one part, and the Government of the Republic of Nicaragua and its citizens of the other.
Peace and friend
Freedom of com
There shall be between all the territories of the United States and the territories of the Republic of Nicaragua a reciprocal freedom of commerce. The subjects and citizens of the two coun- merce tries, respectively, shall have full liberty freely and securely to come with their ships and cargoes to all places, ports, and rivers in the territories aforesaid, to which other foreigners are or may be permitted to come, to enter into the same, and to remain and reside in any part thereof,