V. Lorsqu'il y aura lieu à un arbitrage entre elles, les hautes parties contractantes à défaut de clauses compromissoires contraires se conformeront, pour tout ce qui concerne la désignation des arbitres et la procédure arbitrale, aux dispositions établies par la Convention du 29 juillet, 1899, sauf en ce qui concerne les points indiqués ci-après. VI. Aucun des arbitres ne pourra être sujet des États signataires ni domicilié dans leurs territoires. Ils ne devront avoir aucun intérêt dans les questions qui seront l'objet de l'arbitrage. VII. Le compromis prévu par l'article XXXI de la Convention du 29 juillet, 1899, fixera un terme avant l'expiration duquel devra avoir lieu l'échange entre les deux parties des mémoires et documents se rapportant à l'objet du différend. Cet échange sera terminé dans tous les cas avant l'ouverture des séances du Tribunal arbitral. VIII. La sentence arbitrale contiendra l'indication des délais dans lesquels elle devra être exécutée, s'il y a lieu. IX. La présente Convention aura la durée de dix ans à partir du jour de l'échange des ratifications. Dans le cas où aucune des hautes parties contractantes n'aurait notifié six mois avant la fin de ladite période son intention d'en faire cesser les effets, la Convention demeurera obligatoire jusqu'à l'expiration d'une année à partir du jour où l'un ou l'autre des hautes parties contractantes l'aura dénoncée. X. La présente Convention sera ratifiée dans le plus bref délai possible et les ratifications seront échangées à Madrid. En foi de quoi les Plénipotentiaires ont signé la présente Convention et l'ont revêtue de leurs cachets. Fait à Madrid, en double expédition, le 23 janvier, 1905. (L.S.) F. WEDEL-JARLSBERG. (L.S.) EL MARQUES DE AQUILAR DE CAMPOÓ. PROTOCOLE DE SIGNATURE. Au moment de procéder à la signature de la Convention d'Arbitrage, conclue à la date de ce jour, les Plénipotentiaires soussignés déclarent qu'il est entendu que la Convention n'abroge pas les dispositions du premier alinéa de l'article II de la Déclaration, signée à Madrid le 23 juin, 1887,* et qu'il est également entendu que les stipulations de l'article VII de ladite Convention. ne portent aucune atteinte à ce qui a été stipulé dans la Convention de La Haye du 29 juillet, 1899, concernant la seconde phase de la procédure arbitrale (article XXXIX), notamment les stipulations des articles XLIII-XLIX. En foi de quoi les Plénipotentiaires respectifs ont dressé le présent Protocole de signature, qui aura la même force et la * Vol. LXXVIII, page 843. même valeur que si les dispositions qu'il contient étaient insérées dans la Convention elle-même. Fait à Madrid, en double exemplaire, le 23 janvier, 1905. F. WEDEL-JARLSBERG. EL MARQUES DE AQUILAR DE CAMPOÓ. CONSULAR CONVENTION between Sweden and the United States of America.-Signed at Washington, June 1, 1910.* [Ratifications exchanged at Washington, March 18, 1911.] THE President of the United States of America and His Majesty the King of Sweden, being mutually desirous of defining the rights, privileges, and immunities of Consular Officers of the two countries, and deeming it expedient to conclude a Consular Convention for that purpose, have accordingly named as their Plenipotentiaries: The President of the United States of America: Philander C. Knox, Secretary of State of the United States of America ; and His Majesty the King of Sweden: Herman Ludvig Fabian de Lagercrantz, his Envoy Extraordinary and Minister Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in good and proper form, have agreed upon the following Articles: ART. I. Each of the High Contracting Parties agrees to receive from the other Consuls-General, Consuls, Vice-ConsulsGeneral, Vice-Consuls, Deputy Consuls-General, Deputy 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 High Contracting Parties without also applying to every other Power. II. The Consuls-General, Consuls, Vice-Consuls-General, Vice-Consuls, Deputy Consuls-General, Deputy Consuls, and Consular Agents of each of the two High Contracting Parties shall enjoy reciprocally, in the States of the other, all the privileges, exemptions, and immunities that are enjoyed by officers of the same rank and quality of the most-favourednation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms estab “United States Treaty Series," No. 557. Signed also in the Swedish language. lished in their respective countries. The Government of each of the two High Contracting Parties shall furnish the necessary exequatur free of charge, and, on the exhibition of this instrument, the said officers shall be permitted to enjoy the rights, privileges, and immunities granted by this Convention. III. Consuls-General, Consuls, Vice-Consuls-General, ViceConsuls, Deputy Consuls-General, Deputy Consuls, and Consular Agents, citizens of the State by which they are appointed, shall be exempt from arrest except in the case of offences which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military billetings, service in the Regular Army or Navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes-national, State, or municipal-imposed upon persons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where said officers exercise their functions, or for income from pensions of public or private nature enjoyed from said country. This exemption shall not, however, apply to Consuls-General, Consuls, ViceConsuls-General, Vice-Consuls, Deputy Consuls-General, Deputy Consuls, or Consular Agents, engaged in any profession, business, or trade; but the said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances. IV. When in a civil case a court of one of the two countries shall desire to receive the judicial declaration or deposition of a Consul-General, Consul, Vice-Consul, or Consular Agent, who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally, and it shall be the duty of such officer to comply with this request with as little delay as possible; but in all criminal cases, contemplated by the VIth 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 favour, the appearance in Court of said Consular Officers shall be demanded, with all possible regard to the Consular dignity and to the duties of his office, and it shall be the duty of such officer to comply with said demand. A similar treatment shall also be extended to the Consuls of the United States in Sweden, in the like cases. V. Consuls-General, Consuls, Vice-Consuls-General, ViceConsuls, Deputy Consuls-General, Deputy Consuls, and Consular Agents may place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Sweden. They may also raise the flag of their country on their offices, except in the capital of the country when there is a Legation there. They may in like manner raise the flag of their country over the boat employed by them in the port and for the exercise of their functions. VI. The Consular offices shall at all times be 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 be used as places of asylum. When a Consular Officer is engaged in other business, the papers relating to the Consulate shall be kept separate. Nor shall Consular Officers be required to produce the official archives in Court or to testify as to their contents. VII. In the event of the death, incapacity, or absence of Consuls-General, Consuls, Vice-Consuls-General, Vice-Consuls, and Consular Agents, their chancellors or secretaries, whose official character may have previously been made known to the Department of State at Washington or to the Ministry for Foreign Affairs in Sweden, may temporarily exercise their functions, and while thus acting shall enjoy all the rights, prerogatives, and immunities granted to the incumbents. VIII. Consuls-General and Consuls may, so far as the laws of their country allow, with the approbation of their respective Governments, appoint Vice-Consuls-General, Deputy ConsulsGeneral, Vice-Consuls, Deputy Consuls, and Consular Agents in the cities, ports, and places within their Consular district. These Agents may be selected from among citizens of the United States or of Sweden, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for Consular Officers in this Convention, subject to the exceptions specified in Article III. IX. Consuls-General, Consuls, Vice-Consuls-General, ViceConsuls, and Consular Agents shall have the right to address the authorities whether, in the United States, of the Union, the States, or the municipalities, or in Sweden, of the State, the provinces, or the commune, throughout the whole extent of their Consular district in order to complain of any infraction of the Treaties and Conventions between the United States and Sweden, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, 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 exercise their functions. X. Consuls-General, Consuls, Vice-Consuls-General, ViceConsuls, Deputy Consuls-General, Deputy Consuls, and Consular Agents of the respective countries may, as far as may be compatible with the laws of their own country, take at their offices, their private residences, at the residence of the parties concerned, or on board ship, the depositions of the captains and crews of the vessels of their own country and of passengers thereon, as well as the depositions of any citizen or subject of their own country; draw up, attest, certify, and authenticate all uniliteral acts, deeds, and testamentary dispositions of their countrymen, as well as all articles of agreement or contracts to which one or more of their countrymen is or are party; draw up, attest, certify, and authenticate all deeds or written instruments which have for their object the conveyance or encumbrance of real or personal property situated in the territory of the country by which said Consular Officers are appointed, and all unilateral acts, deeds, testamentary dispositions, as well as articles of agreement or contracts relating to property situated or business to be transacted in the territory of the nation by which the said Consular Officers are appointed; even in cases where said unilateral acts, deeds, testamentary dispositions, articles of agreement, or contracts are executed solely by citizens or subjects of the country within which said Consular officers exercise their functions. All such instruments and documents thus executed and all copies and translations thereof, when duly authenticated by such Consul-General, Consul, Vice-Consul-General, Vice-Consul, Deputy Consul-General, Deputy Consul, or Consular Agent under his official seal, shall be received as evidence in the United States and in Sweden as original documents or authenticated copies, as the case may be, and shall have the same force and effect as if drawn up by and executed before a notary or public officer duly authorized in the country by which said Consular officer was appointed provided, always, that they have been drawn and executed in conformity to the laws and regulations of the country where they are intended to take effect. : XI. The respective Consuls-General, Consuls, Vice-ConsulsGeneral, Vice-Consuls, Deputy Consuls-General, Deputy Consuls, and Consular Agents shall have exclusive charge of the internal order of the merchant-vessels of their nation, and shall alone take cognizance of any differences which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to the adjustment of wages and the execution of contracts. The local authorities shall not interfere except when the disorder that has arisen is of such a nature as to disturb tranquillity and public order on shore or in the port, or when a person of the country or not belonging to the crew shall be concerned therein. In all other cases the aforesaid authorities shall confine themselves to lending aid to the said Consular Officers, if they are requested by them to do so, in causing the arrest and imprisonment of any person whose name is inscribed on the crew list whenever, for any cause, the said officers shall think proper. XII. The respective Consuls-General, Consuls, Vice-ConsulsGeneral, Vice-Consuls, Deputy Consuls-General, Deputy Consuls and Consular Agents may cause to be arrested the officers, sailors, and all other persons making part of the crews in any manner whatever, of ships of war or merchant-vessels of their nation, who may be guilty, or be accused, of having deserted |