« PreviousContinue »
whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Serbia, 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.
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 by the consuls-general, consuls, vice-consuls and consular agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Serbia.
In the case of the death of any citizen of the United States in Serbia, or of a Serbian subject in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities shall give information of the circumstance to the Consuls or Consular agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to the parties interested.
Consuls-generals, consuls, vice-consuls and consular agents shall have the right to appear, personally or by delegate, in all proceedings on behalf of the absent or minor heirs or creditors until they are duly represented.
In consideration of the present convention the United States consent to surrender the privileges and immunities hitherto enjoyed by their citizens in Serbia, in virtue of the Capitulations with the Ottoman Empire, granted and confirmed to the United States by their treaties of 18301 and 1862.2
Provided always, and it is hereby ageeed, that the said Capitulations shall, as regards all judicial matters, except those affecting real estate in Serbia, remain in full force as far as they concern the mutual relations between citizens of the United States and the subjects of those other powers which, having a right to the privileges and immunities accorded by the aforesaid Capitulations, shall not have abandoned them.
The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries, and exchanged at Belgrade as soon as possible.
In case neither party gives notice, twelve months before the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one 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 have given such notice.
In faith whereof, the respective plenipotentiaries have signed this convention in duplicate, and have hereunto affixed their seals. Done at Belgrade this is day of October, 1881.
Conchuuleil March 20, 18.33; ratification advised by the Senate June 30,
1834; ratified by the President; ratifications exchanged April 14, 1836; proclaimed June 24, 1837. (Treaties and Conventions, 1889, p. 992.)
(The provisions of this treaty were modified by the Treaty of 1856.)
VI. Settlement of debts.
His Majesty the Sovereign and Magnificent King in the City of SiaYut'hia has appointed the Chau Phaya-Phra-klang, one of the first Ministers of State, to treat with Edmund Roberts, Minister of the United States of America, who has been sent by the Government thereof, on its behalf, to form a treaty of sincere friendship and entire good faith between the two nations. For this purpose, the Siamese and the citizens of the United States of America shall, with sincerity, hold commercial intercourse in the ports of their respective nations as long as heaven and earth shall endure.
This treaty is concluded on Wednesday, the last of the fourth month of the year 1194, called Pi-marong-chat-tava-sók (or the year of the Dragon), corresponding to the twentieth day of March, in the year of our Lord 1833. One original is written in Siamese, the other in English; but as the Siamese are ignorant of English, and the Americans of Siamese, a Portuguese and a Chinese translation are annexed, to serve as testimony to the contents of the treaty. The writing is of the same tenor and date in all the languages aforesaid. It is signed, on the one part, with the name of the Chau P'haya-P'hra-klang, and sealed with the seal of the lotus flower, of glass; on the other part, it is signed with the name of Edmund Roberts, and sealed with a seal containing an eagle and stars.
One copy will be kept in Siam, and another will be taken by Edmund Roberts to the United States. If the Government of the United States shall ratify the said treaty and attach the seal of the Government, then Siam will also ratify it on its part, and attach the seal of its Government.
There shall be a perpetual peace between the United States of America and the Magnificent King of Siam.
The citizens of the United States shall have free liberty to enter all the ports of the Kingdom of Siam with their cargoes, of whatever kind the said cargoes may consist; and they shall have liberty to sell the same to any of the subjects of the King, or others who may wish to purchase the same, or to barter the same for any produce or manufacture of the Kingdom, or other articles that may be found there. No prices shall be fixed by the officers of the King on the articles to be sold by the merchants of the United States, or the merchandise they may wish to buy, but the trade shall be free on both sides to sell or buy or exchange on the terms and for the prices the owners may think fit. Whenever the said citizens of the United States shall be ready to depart, they shall be at liberty so to do, and the proper officers shall furnish them with passports: Provided always, There be no legal impediment to the contrary. Nothing contained in this article shall be understood as granting permission to import and sell munitions of war to any person excepting to the King, who, if he does not require, will not be bound to purchase them; neither is permission granted to import opium, which is contraband, or to export rice, which cannot be embarked as an article of commerce. These only are prohibited.
[Provisions abolished by Treaty of 1850, p. 581.]
If hereafter the duties payable by foreign vessels be diminished in favor of any other nation, the same diminution shall be made in favor of the vessels of the United States.
If any vessel of the United States shall suffer shipwreck on any part of the Magnificent King's dominions, the persons escaping from the wreck shall be taken care of and hospitably entertained at the expense of the King, until they shall find an opportunity to be returned to their country; and the property saved from such wreck shall be carefully preserved and restored to its owners; and the United States will repay all expenses incurred by Ilis Majesty on account of such wreck.
If any citizen of the United States, coming to Siam for the purpose of trade, shall contract debts to any individual of Siam, or if any individual of Siam shall contract debts to any citizen of the United States, the debtor shall be obliged to bring forward and sell all his goods to pay his debts therewith. When the product of such bona fide sale shall not suffice, he shall no longer be liable for the remainder, nor shall the creditor be able to retain him as a slave, imprison, flog, or otherwise punish him, to compel the payment of any balance remaining due, but shall leave him at perfect liberty.
Merchants of th9 United States coming to trade in the Kingdom of Siam, and wishing to rent houses therein, shall rent the King's factories, and pay the customary rent of the country. If the said merchants bring their goods on shore, the King's officers shall take account thereof, but shall not levy any duty thereupon.
If any citizens of the United States, or their vessels, or other property, shall be taken by pirates and brought within the dominions of the Magnificent King, the persons shall be set at liberty, and the property restored to its owners.
Merchants of the United States trading in the Kingdom of Siam shall respect and follow the laws and customs of the country in all points.
If hereafter any foreign nation other than the Portuguese shall request and obtain IIis Majesty's consent to the appointment of Consuls to reside in Siam, the United States shall be at liberty to appoint Consuls to reside in Siam, equally with such other foreign nation. [SEAL.]
EDMUND ROBERTS. Whereas the undersigned, Edmund Roberts, a citizen of Portsmouth, in the State of New Hampshire, in the United States of America, being duly appointed an envoy, by letters-patent, under the signature of the President and seal of the United States of America, bearing date at the city of Washington, the twenty-sixth day of January, A. D. 1839, for negotiating and concluding a treaty of amity and commerce between the United States of America and Ilis Majesty the King of Siam:
Now know ye, that I, Edmund Roberts, Envoy as aforesaid, do conclude the foregoing treaty of amity and commerce, and every article and clause therein contained; reserving the same, nevertheless, for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States.
Done at the royal city of Sia-Yuthia, (commonly called Bankok,) on the twentieth day of March, in the year of our Lord one thousand eight hundred and thirty-three, and of the Independence of the United States of America the fifty-seventh. (SEAL.]