In witness whereof the respective plenipotentiaries have signed the above articles both in the English and French languages, and they have thereunto affixed their seals.

Done, in duplicate, at the city of Berlin, this 29th day of October, A. D. 1883.

[SEAL.] [SEAL.]

1904.

A. A. SARGENT.

PAUL EYSCHEN.

DECLARATION FOR THE PROTECTION OF TRADE-MARKS.

Signed at Luxemburg, December 23, 1904; signed at The Hague, December 27, 1904; ratification advised by the Senate, February 3, 1905; ratified by the President, March 15, 1905; proclaimed, March 15, 1905.

I. Reciprocal protection.

II. Formalities to be fulfilled.

ARTICLES.

III. Ratification.

DECLARATION.

The Government of the United States of America and the Government of the Grand Duchy of Luxemburg being desirous of securing a complete and effective protection of the manufacturing industry of the citizens and subjects of the two countries, the undersigned, being duly authorized to that effect, have agreed upon the following provisions.

ARTICLE I

The subjects and citizens of each of the high contracting parties shall enjoy in the dominions and possessions of the other the same rights as are given to native subjects or citizens in matters relating to trade-marks.

ARTICLE II.

In order to secure to their marks the protection stipulated for by the preceding article, American citizens in the Grand Duchy of Luxemburg and Luxemburg subjects in the United States of America must fulfil the formalities prescribed to that effect by the laws and regulations of the country in which the protection is desired.

ARTICLE III.

The present arrangement shall take effect from the date of its official publication in the two countries and shall remain in force until the expiration of twelve months immediately following a denunciation made by one or the other of the contracting parties.

In witness whereof, the undersigned have signed the present Declaration and have thereto affixed their seals.

Done in duplicate at Luxemburg, the 23, and in the Hague, the 27 December 1904.

STANFORD NEWEL [SEAL.]
EYSCHEN
[SEAL.]

24449-VOL 1-10-67

MADAGASCAR.

Madagascar having become a colony of France, the treaties of 1867 and 1881 have become obsolete.

1867..

TREATY OF COMMERCE AND NAVIGATION.

Concluded February 14, 1867; ratification advised by the Senate Janu ary 20, 1868; ratified by the President January 24, 1868; ratifica tions exchanged July 8, 1868; proclaimed October 1, 1868.

ARTICLES.

I. Amity.

II. Rights of person and property.
III. Tariff duties.
IV. Consuls.

V. Privileges of citizens.
VI. Vessels; deserters.
VII. Shipwrecks.

VIII. Ratification.

Between Rainimaharavo, Chief Secretary of State, 16 vtra., Andriantsitohaina, 16 vtra., Rafaralahibemalo, head of the civilians, on the part of the Government of Her Majesty the Queen of Madagascar, and Major John P. Finkelmeier, the Comercial Agent of the U. S. for Madagascar, on the part of the Government of the U. S. of Amer ica, all duly authorized to that effect by their respective Governments, the following articles of a comercial treaty have this day been drawn up and signed by mutual agreement:

I.

Her Majesty Rasoherina Manjaka, Queen of Madagascar, and his Excellency Andrew Johnson, President of the U. S. of America, both desirous, for the good and welfare of their respective countries, to enter into a more close comercial relation and friendship between the subjects of Her Majesty and the people of the U. S., hereby solemnly declare that peace and good friendship shall exist between them and their respective heirs and successors forever without war.

II.

The dominions of each contracting party, as well as the right of domicil of their inhabitants, are sacred; and no forcible possession of territory shall ever take place in either of them by the other party, nor any domiciliary visits or forcible entries be made to the houses of This treaty was superseded by the treaty of 1881.

either party against the will of the occupants. But whenever it is known for certain, or suspected, that transgressors against the laws of the Kingdom are in certain premises, they may be entered in concert with the U. S. Consul, or, in his absence, by a duly authorized officer, to look after the offender.

The right of sovereignty shall in all cases be respected in the dominions of one Government by the subjects or citizens of the other. Citizens of the U. S. of America shall, while in Madagascar, enjoy the privilege of free and unmolested exercise of the Christian religion and its customs; new places of worship, however, shall not be builded by them without the permission of the Government.

They shall enjoy full and complete protection and security for themselves and their property, equally with the subjects of Madagascar; the right to lease or rent land, houses, or storehouses for a term of months or years mutually agreed upon between the owners and American citizens; build houses and magazines on land leased by them, in accordance with the laws of Madagascar for buildings; hire labourers, not soldiers, and if slaves, not without permission of their masters.

Should the Queen, however, require the services of such labourers, or if they should desire, on their own account, to leave, they shall be at liberty to do so, and be paid up to the time of leaving, on giving previous notice.

Contracts for renting or leasing land or houses or hiring labourers may be executed by deeds signed before the U. S. Consul and the local authorities. They also shall be permitted to trade or pass with their merchandise through all parts of Madagascar which are under the controle of a Governor, duly appointed by Her Majesty, with the exception of Ambohimanga, Ambohimanambola, and Ampara faravato, which places foreigners are not permitted to enter, and, in fact, be entitled to all privileges of comerce granted to other favoured nations.

The subjects of Her Majesty the Queen of Madagascar shall enjoy the same privileges in the U. Š. of America.

III.

Comerce between the people of America and Madagascar shall be perfectly free, with all the privileges under which the most favoured nations are now or may hereafter be trading. Citizens of America shall, however, pay a duty, not exceeding ten per cent. on both export and import in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions: Munition of war, to be imported only by the Queen of Madagascar into her dominions, or by her order. Prohibited from export by the laws of Madagascar are munition of war, timber, and cows. No other duties, such as tonnage, pilotage, quarantine, light-house dues, shall be imposed in ports of either country on the vessels of the other to which national vessels or vessels of the most favoured nations shall not equally be liable.

Ports of Madagascar, where there is no military station under the controle of a Governor, must not be entered by U. S. vessels.

IV.

Each contracting party may appoint consuls, to reside in the dominions of each other, who shall enjoy all privileges granted to consuls of the most favoured nations, to be witness of the good relationship existing between both nations and to regulate and protect com

merce.

V.

Citizens of the U. S. who enter Madagascar, and subjects of Her Majesty the Queen of Madagascar, while sojourning in America, are subject to the laws of trade and comerce in the respective countries. In regard to civil rights, however, whether of person or property, of American citizens, or in cases of criminal offences, they shall be under the exclusive civil and criminal jurisdiction of their own consul only, duly invested with the necessary power.

But should any American citizen be guilty of a serious criminal offence against the laws of Madagascar, he shall be liable to banishment from the country.

All disputes and differences arising within the dominions of Her Majesty between citizens of the U. S. and subjects of Madagascar shall be decided before the U. S. Consul and an officer duly authorized by Her Majesty's Government who shall afford mutual assistance and every facility to each other in recovering debts.

VI.

No American vessel shall have communication with the shore before receiving pratique from the local authorities of Madagascar, nor shall any subject of Her Majesty the Queen be permitted to embark on board of an American vessel without a passport from Her Majesty's Government.

In cases of mutiny or desertion, the local authorities shall, on application, render all necessary assistance to the American Consul to bring back the deserters and to re-establish discipline, if possible, among the crew of a merchant-vessel.

VII.

In case of a shipwreck of an American vessel on the coast of Madagascar, or if any such vessel should be attacked or plundered in the waters of Madagascar adjacent to any military station, Her Majesty engages to order the Governor to grant every assistance in his power to secure the property and to restore it to the owner or to the U. S. Consul, if this be not impossible.

VIII.

The above articles of treaty, made in good faith, shall be submitted to both the Government of the U. S. of America and Her Majesty the Queen of Madagascar for ratification, and such ratifications be exchanged within six months from date of ratification, at Antananarivo. Should it, at any future time, seem desirable, in the interest of either of the contracting parties, to alter or add to the present treaty,

such alterations or additions shall be effected with the consent of both parties.

Duplicate originals of this treaty, with corresponding text in the English and Malagasy languages, which shall be both of equal authority, have been signed and sealed at Antananarivo this day.

SUPPLEMENTARY ARTICLE TO § II.

P. S. Should there be any business of the Queen requiring the services of such labourers, they shall be permitted to leave without giving previous notice. The sentence in Article II, stating that previous notice must be given, refers only to labourers leaving on their own account.

SEAL.] [SEAL.]

J. P. FINKELMEIER, U. S. C. A.
RAINIMAHARAVO,

Chief Secretary of State, 16 vtra.
ANDRIANTSITOHAINA, 16 vtra.
RAFARALAHIBEMALO,

Loholona Chibe amy ny Brz.

ANTANANARIVO, 14th February, 1867.

1881.

TREATY OF FRIENDSHIP AND COMMERCE.

Concluded May 13, 1881; ratification advised by the Senate February 27, 1883; ratified by the President March 10, 1883; ratifications exchanged March 12, 1883; proclaimed March 13, 1883.

I. Friendship.

II. Rights of domicile, etc.

III. Personal and property rights.
IV. Commerce, etc.

V. Consuls.

VI. Civil rights.

ARTICLES.

VII. Sanitary regulations, passports, etc.

VIII. Shipwrecks, etc.

IX. American goods shipped to.
X. Development of industries.
XI. Taxes.

XII. Ratification.

Whereas a treaty of friendship and commerce between the Government of Madagascar and the Government of the United States of America was concluded on the fourteenth of February, 1867, at Antananarivo, the capital of Madagascar, under which the most friendly relations between the two have existed up to the present time; and whereas Her Majesty Ranavalomanjaka, Queen of Madagascar, and his Excellency James A. Garfield, President of the

This treaty became obsolete when the sovereignty of France was extended over Madagascar, and was replaced by "the whole of the conventions concluded between France and the United States."-Note of July 22, 1896, from the French ambassador to the Secretary of State.