ARTICLE IX. If either Party shall hereafter grant to any other nation any particular favor in navigation or commerce, it shall immediately become common to the other Party freely, where it is freely granted to such other nation, or on yielding the same compensation when the grant is conditional. ARTICLE X.a The two Contracting Parties hereby reciprocally grant to each other, the liberty of having, each in the ports of the other, Consuls, ViceConsuls, Agents, and Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations. But if any such Consuls shall exercise commerce, they shall be subjected to the same laws and usages to which the private individuals of their nation are subject in the same place, in respect to their commercial transactions. ARTICLE XI.a The Citizens or Subjects of each Party shall have power to dispose of their personal goods within the jurisdiction of the other, by testament, donation, or otherwise; and their representatives, being citizens or subjects of the other Party, shall succeed to their personal goods, whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues, taxes or charges only, as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if any question should arise among several claimants, to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. But this article shall not derogate in any manner, from the force of the laws already published, or hereafter to be published by His Masjesty the Emperor of Austria, to prevent the emigration of his Subjects. ARTICLE XII. The present Treaty shall continue in force for ten years, counting from the day of the exchange of the Ratifications; and if twelve months before the expiration of that period, neither of the High Contracting Parties shall have announced by an official notification to the other, its intention to arrest the operation of said Treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar notification whatever the time at which it may take place. ARTICLE XIII. This Treaty shall be approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof; and by His Majesty the Emperor of Austria; and the Ratifi a See Convention of 1848, p. 37. cations shall be exchanged in the City of Washington, within twelve months from the date of the signature hereof, or sooner, if possible. In faith whereof the respective Plenipotentiaries have signed and sealed this treaty, both in the English and German languages, declaring, however, that, it having been originally composed in the former, the English version is to decide the interpretation, should any difference in regard to it unfortunately arise Done in triplicate, at Washington, this twenty seventh day of August, in the year of Our Lord One thousand eight hundred and twenty nine. [L. S.] L. S. 1848. M. VAN BUREN CONVENTION RELATIVE TO DISPOSAL OF PROPERTY AND CONSULAR JURISDICTION." Concluded May 8, 1848; ratification advised and time for exchange of ratifications extended to July 4, 1850, by the Senate February 13, 1850; ratified by the President February 15, 1850; ratifications exchanged February 23, 1850; proclaimed February 25, 1850. (Treaties and Conventions, 1898, p. 27.) I. Disposal of personal property. ARTICLES. III. Protecting property of absent heirs. II. Disposal of real property held by de- IV. Consular privileges; deserters. ceased persons. V. Duration. The United States of America and His Majesty the Emperor of Austria having agreed to extend to all descriptions of property the exemption from dues, taxes or charges, which was secured to the personal goods of their respective citizens and subjects by the eleventh article of the Treaty of commerce and navigation which was concluded between the parties on the twenty-seventh of August, 1829; and also for the purpose of increasing the powers granted to their respective Consuls by the tenth article of said treaty of commerce and navigation, have chosen for this purpose their respective Plenipotentiaries, namely, the President of the United States of America has conferred full powers. on James Buchanan, Secretary of State of the United States, and His Majesty the Emperor of Austria upon His Chargé d'Affaires to the United States, John George Hülsemann; who, after having exchanged their said full powers, found in due and proper form, have agreed to, and signed, the following articles: ARTICLE I.' The citizens or subjects of each of the contracting Parties shall have power to dispose of their personal property within the States of the other, by testament, donation or otherwise; and their heirs, legatees and donees, being citizens or subjects of the other contracting Party, shall succeed to their said personal property, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies, shall be liable to pay in like cases. a See Articles X and XI, p. 36. bArticle XI, p. 36. ARTICLE II.a Where, on the death of any person holding real property, or property not personal, within the territories of one Party, such real property would, by the laws of the land, descend on a citizen or subject of the other were he not disqualified by the laws of the country where such real property is situated, such citizen or subject shall be allowed a term of two years to sell the same; which term may be reasonably prolonged according to circumstances; and to withdraw the proceeds thereof, without molestation, and exempt from any other charges than those which may be imposed in like cases upon the inhabitants of the country from which such proceeds may be withdrawn. ARTICLE III." a In case of the absence of the heirs, the same care shall be taken, provisionally, of such real or personal property as would be taken in a like case of property belonging to the natives of the country, until the lawful owner, or the person who has a right to sell the same according to Article II, may take measures to receive or dispose of the inheritance. ARTICLE IV." The high contracting Parties grant to each other the liberty of having, each in the ports of the other, Consuls, Vice Consuls, commercial agents and vice commercial agents, of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations; but if any of the said Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place. The said Consuls, Vice Consuls, commercial and vice commercial Agents shall have the right, as such to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country; or the said Consuls, Vice Consuls, commercial agents or vice commercial agents should require their assistance in executing or supporting their own decisions. But this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. The said Consuls, Vice Consuls, commercial Agents and Vice Commercial Agents, are authorized to require the assistance of the local authorities for the search, arrest and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply in writing to the competent tribunals, judges and officers, and shall demand said deserters, proving by the exhibition of the registers of the vessels, the muster rolls of the crews, or by any other official documents, that such individuals form legally part of the crews; and on such claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice Consuls, commercial agents, and vice commercial a Article XI, p. 36. Article X, p. 36, and Convention of 1870, p. 42. Agents, and may be confined in the public prisons, at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. If, however, the deserter shall be found to have committed any crime or offense requiring trial, his surrender may be delayed, until the tribunal before which his case shall be pending, shall have pronounced its sentence, and such sentence shall have been carried into effect. ARTICLE V. The present Treaty shall continue in force for two years, counting from the day of the exchange of its ratifications; and if, twelve months before the expiration of that period, neither of the high contracting Parties shall have announced by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the expiration of the twelve months which will follow a similar notification, whatever the time at which it may take place. ARTICLE VI. This convention is concluded subject to the ratification of the President of the United States of America, by and with the advice and consent of the Senate thereof, and of His Majesty the Emperor of Austria; and the ratifications thereof shall be exchanged in Washington within the term of one year from the date of the signature thereof, or sooner, if possible. In witness whereof, the respective Plenipotentiaries have signed the above articles, as well in German as in English, and have thereto affixed their seals. Done in the city of Washington, on the eighth day of May, one thousand eight hundred and forty-eight, in the seventy-second year of the independence of the United States of America, and in the 14th year of the reign of His Majesty the Emperor of Austria. [SEAL. JAMES BUCHANAN 1856. EXTRADITION CONVENTION." Concluded July 3, 1856; ratification advised by the Senate with amendment August 13, 1856; ratified by the President December 12, 1856; ratifications exchanged December 13, 1856; proclaimed December 15, 1856. (Treaties and Conventions, 1889, p. 29.) I. Extraditable crimes; proceedings. ARTICLES. II. Persons not to be delivered. try where found. IV. Duration. Whereas, it is found expedient for the better administration of justice and the prevention of crime within the territories and juris a Article III, p. 43. Federal cases: In re Baruch, 41 Fed. Rep., 472; in re Adutt, 55 Fed. Rep., 376. diction of the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas, the laws of Austria forbid the surrender of its own citizens to a foreign jurisdiction, the government of the United States, with a view of making the Convention strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States; therefore on the one part the United States of America and on the other part His Majesty the Emperor of Austria, having resolved to treat on this subject, have for that purpose appointed their respective plenipotentiaries to negotiate and conclude a Convention that is to say: The President of the United States, William L. Marcy, Secretary of State, and His Majesty the Emperor of Austria, John George Chevalier de Hülsemann, His said Majesty's Minister Resident near the Government of the United States, who, after reciprocal communication of their respective powers, have agreed to and signed the following articles: ARTICLE I. It is agreed that the United States and Austria shall, upon mutual requisitions by them or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the respective judges and other magistrates of the two governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. The provisions of the present Convention shall not be applied, in any manner, to the crimes enumerated in the First Article, committed anterior to the date thereof: nor to any crime or offence of a political character. ARTICLE II. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention. |