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crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas the laws and Constitution of Prussia and of the other German States, parties to this Convention, forbid them to surrender their 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 King of Prussia, in His own name as well as in the name of His Majesty the King of Saxony, His Royal Highness the Elector of Hesse, His Royal Highness the Grand Duke of Hesse and on Rhine, His Royal Highness the Grand Duke of Saxe-Weimar-Eisenach, His Highness the Duke of Saxe-Meiningen, His Highness the Duke of Saxe Altenburg, His Highness the Duke of Saxe-Coburg-Gotha, His Highness the Duke of Brunswick, His Highness the Duke of Anhalt-Dessau His Highness the Duke of Anhalt-Bernburg, His Ilighness the Duke of Nassau, His Serene Highness, the Prince Schwarzburg-Rudolstadt, His Serene Highness the Prince of Schwarzburg Sondershausen, Her Serene Highness the Princess and Regent of Waldeck, IIis Serene Highness the Prince of Reuss, elder branch, His Serene Highness the Prince of Reuss, junior branch, His Serene Ilighness the Prince of Lippe, His Serene Highness the Landgrave of Hesse IIomburg as well as the free city of Francfort 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 of America, Daniel Webster, Secretary of State, and His Majesty the King of Prussia in His own name as well as in the name of the other German Sovereigns above enumerated, and the free city of Francfort, Frederic Charles Joseph von Gerolt, 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:
It is agreed that the United States and Prussia, and the other States of the Germanic Confederation included in, or which may hereafter accede to this Convention, 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 utterance of forged papers, 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 offence 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 stipulations of this Convention shall be applied to any other State of the Germanic Confederation, which may hereafter declare its accession thereto.
None of the contracting parties shall be bound to deliver up its own citizens or subjects, under the stipulations of this Convention.
Whenever any person accused of any of the crimes enumerated in this Convention shall have committed a new crime in the territories of the State where he has sought an asylum, or shall be found, such person shall not be delivered up under the stipulations of this Convention, until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof.
The present Convention shall continue in force until the 1st of January, 1858, and if neither party shall have given to the other six months previous notice, of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other, at any time after the expiration of the said first day of January, 1858.
The present Convention shall be ratified by the President by and with the advice and consent of the Senate of the United States, and by the government of Prussia, and the ratifications shall be exchanged at Washington within six months from the date hereof or sooner if possible.
In faith whereof we, the respective Plenipotentiaries, have signed this Convention, and have hereunto affixed our seals.
Done in triplicate at Washington the sixteenth day of June, one thousand eight hundred and fifty-two, and the seventy-sixth year of the Independence of the United States.
DANL WEBSTER ( SEAL.]
Concluded June 17, 1881; ratification advised by the Senate April 3,
1882; ratified by the President April 6, 1882; ratifications exchanged June 13, 1883; proclaimed July 9, 1883. (Treaties and Conventions, 1889, p. 925.)
ARTICLES. I. Consular officers.
VIII. Vice-consuls and agents. II. Most favored nation consular IX. Applications to authorities. privileges.
X. Notarial powers. III. Exemptions.
XI. Shipping disputes. IV. Testimony by consuls:
XII. Deserters from ships. V. Arms and flags.
XIII. Damages to vessels at sea. VI. Immunities of offices and ar- XIV. Shipwrecks and salvage. chives.
XV. Estates of deceased persons. VII. Acting officers.
XVI. Duration; ratification.
The United States of America and His Majesty the King of Roumania, being mutually desirous of defining the rights, privileges and immunities of consular officers in the two countries, deem it expedient to conclude a consular convention for that purpose, and have accordingly named as their plenipotentiaries:
The United States of America=Eugene Schuyler, their Chargé d'Affaires and Consul General;
His Majesty the King of Roumania: M D. Bratiano, President of His Council of Ministers, His Minister of Foreign Affairs, etc. etc.,
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:
Each of the high 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 high contracting parties without also applying to every other power.
The consuls-general, consuls, vice-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 favoured nation. 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 established in their respective countries. The government of each of the two high contracting powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument they shall be permitted to enjoy the rights, privileges, and immunities granted by this convention.
Consuls-general, consuls, vice-consuls, and consular agents, citizens of the State by which they are appointed, shall be exempt from preliminary 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, from 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 the said officers exercise their functions.
This exemption shall not, however, apply to consuls-general, consuls, vice-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.
It is understood that the respective consuls, if they are merchants, shall be entirely submitted, as far as concerns preliminary arrest for commercial acts, to the legislation of the country in which they exercise their functions.
When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul-general, consul, viceconsul, 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.
It shall be the duty of such officer to comply with this request with as little delay as possible.
In all criminal cases, contemplated by the sixth 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 officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office. A similar treatment shall also be extended to the consuls of the United States in Roumania in the like cases.
Consuls-general, consuls, vice-consus, and consular agents may place over the outer door of their oflices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice Consulate or Consular Agency of the United States, or of Roumania.
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 for the exercise of their functions.
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.
In the event of the death, incapacity, or absence of consuls-general, consuls, 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 of Foreign Affairs in Roumania, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives and immunities granted to the incumbents.
Consuls-general and consuls may, so far as the laws of their country allow, with the approbation of their respective governments, appoint vice-consuls and consular agents in the cities, ports, and places within their consular jurisdiction. These agents may be selected from among citizens of the United States, Roumanians, or citizens 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 Articles 3 and 4.
ARTICLE IX. Consuls-general, consuls, vice-consuls, and consular agents, shall have the right to address the administrative and judicial authorities, whether in the United States, of the Union, the States or the municipalities, or in Roumania, of the State, the district or the commune, throughout the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Roumania, 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.
ARTICLE X. Consuls-general, consuls, vice-consuls, and consular agents may take at their offices, at their private residence, at the residence of the parties, or on board ship, the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen of their nation. They may also receive at their offices, conformably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation to which the said consular officer may belong.
Such papers and official documents of every kind, whether in the original, in copies or in translation, duly authenticated and legalized