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II.

It is reciprocally agreed on the part of the United States in accordance with the provisions of Section 3 of the United States Tariff Act of 1897 that during the continuance in force of this Agreement the following articles of commerce, the product of the soil or industry of France, shall be admitted into the United States at rates of duty not exceeding the following, to wit:

On argols, or crude tartar, or wine lees, crude, five per centum ad valorem.

On brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy five cents per proof gallon.

On paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem.

It is further agreed on the part of the United States that the rates of duty heretofore imposed and collected on still wines, the product of France, under the provisions of the United States Tariff Act of 1897 shall be conditionally suspended, and in place thereof shall be imposed and collected as follows, namely:

On still wines and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs.

But it is expressly understood that this latter concession may be withdrawn in the discretion of the President of the United States whenever additional duties beyond those now existing, and which may be deemed by him unjust to the commerce of the United States, shall be imposed by France on products of the United States.

III.

This Agreement shall take effect and be in force on and after the first day of June 1898.

Signed in duplicate this twenty-eighth day of May A. D. 1898, in the City of Washington.

JOHN A. KASSON
JULES CAMBON

1902.

AMENDATORY RECIPROCAL COMMERCIAL AGREEMENT WITH FRANCE.

Concluded August 20, 1902; proclaimed August 22, 1902.

ARTICLES.

I. Algeria; Porto Rico.

| II. Effect; duration.

The United States of America and the French Republic, finding it expedient to amend the Commercial Agreement between the two countries, signed at Washington on the 28th day of May, 1898, have named for this purpose their respective Plenipotentiaries, to wit:

The President of the United States of America, the Honorable Alvey A. Adee, Acting Secretary of State of the United States of America; and

The President of the French Republic, Mr. Pierre de Margerie, Chargé d'Affaires of France at Washington;

Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed to the following additional and amendatory articles to be taken as part of said Agreement:

ARTICLE I.

The High Contracting Parties mutually agree that the provisions of the said Agreement shall apply also to Algeria and the Island of Porto Rico. It is further agreed on the part of the French Republic that coffee, the product of Porto Rico, shall enjoy until the 23rd day of February, 1903, the benefit of the minimum customs tariff of France on that article.

ARTICLE II.

This Amendatory and Additional Agreement shall take effect from and after the date of the President's Proclamation which shall give effect thereto, and shall be and continue in force during the continuance in force of the said Commercial Agreement, signed May 28th, 1898.

Done in duplicate in English and French texts at Washington this twentieth day of August, one thousand nine hundred and two. [SEAL]

ALVEY A. A DEE (SEAL)

PIERRE DE MARGERIE

NOTE.—See Supplement, page 948, Treaty with France for Tunis.

GERMAN EMPIRE.

The formation of the German Empire in 1871 by the consolidation of the North German Union, etc., has in some instances abrogated the treaties entered into with the independent German governments now embraced in the Empire, but reference is here given to all the separate governments with which treaties have been concluded.

See Baden, p. 52; Bavaria, p. 57; Bremen, p. 123; Brunswick and Lüneberg, p. 123; Hanover, p. 128; Hanseatic Republics, p. 429; Hesse, p. 435; Mecklenburg-Schwerin, p. 506; Mecklenburg-Strelitz, p. 512; Nassau, p. 573; North German Union, p. 592; Oldenburg, p. 598; Prussia, p. 638; Saxony, p. 688; Schaumburg-Lippe, p. 689; Württemburg, p. 806.

1871.

CONSULAR CONVENTION. Concluded December 11, 1871; ratification advised by the Senate Janu

ary 18, 1872; ratified by the President January 26, 1872; ratifications exchanged Ápril 29, 1872; proclaimed June 1, 1872. (Treaties and

, (

ARTICLES. I. Consular officers.

XII. Authority over ships. II. Exequaturs.

XIII. Disputes between officers and III. Privileges and immunities.

crews of ships. IV. Arms and flags.

XIV. Deserters from ships. V. Inviolability of consulates.

XV. Damages to vessels at sea. VI. Temporary vacancies.

XVI. Shipwrecks. VII. Consular agencies.

XVII. Trade-mark protection. VIII. Communications with authorities. XVIII. Duration; ratification. IX. Notarial authority.

Protocol. As to meaning of “ propX. Property of decedents.

erty,” and “deceased citizens.'' XI. Effects of deceased sailors and

passengers. The President of the United States of America and His Majesty the Emperor of Germany, king of Prussia, in the name of the German Empire, led by the wish to define the rights, privileges, immunities and duties of the respective Consular Agents have agreed upon the conclusion of a Consular-Convention, and for that purpose have appointed their Plenipotentiaries namely:

The President of the United States of America:

George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near His Majesty the Emperor of Germany,

His Majesty the Emperor of Germany, king of Prussia:
Bernard König, His Privy Councillor of Legation,
who bave agreed to and signed the following articles:

ART: 1.
Each of the Contracting parties agrees to receive from the other
Consuls general, Consuls, Vice-Consuls and Consular-Agents in all

Federal cases: “The Burchard," 12 Fed. Rep., 608; Richter . Reynolds, 59 Fed. Rep., 577.

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 Contracting Parties without also applying to every other power.

ART: II.

The Consuls general, Consuls, Vice-Consuls or Consular-Agents shall be reciprocally received and recognized, on the presentation of their commissions in the forms established in their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them free of charge, and on the exhibition of this instrument, they shall be admitted at once, and without difficulty, by the territorial authorities, federal, State or communal, judicial, or executive, of the ports, cities and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted. The government that furnishes the exequatur reserves the right to withdraw the same on a statement of the reasons for which it has thought proper to do so.

ART: III.

The respective Consuls general, Consuls, Vice-Consuls or ConsularAgents, as well as their chancellors and secretaries, shall enjoy in the two countries all privileges, exemptions and immunities which have been granted or may in future be granted, to the agents of the same rank of the most favored nation. Consular officers not being citizens of the country where they are accredited, shall enjoy in the country of their residence, personal immunity from arrest or imprisonment except in the case of crimes, exemption from military billetings and contributions, from military service of every sort, and other public duties, and from all direct or personal or sumptuary taxes, duties and contributions, whether federal, State or municipal. If however the said consular officers are or become owners of property“ in the country in which they reside, or engage in commerce, they shall be subject to the same taxes and imposts, and to the same jurisdiction, as citizens of the country, property, holders, or merchants. But under no circumstances shall their official income be subject to any tax. Consular officers who engage in commerce shall not plead their consular privileges to avoid their commercial liabilities. Consular officers of either character shall not in any event be interfered with in the exercise of their official functions, further than is indispensable for the administration of the laws of the country.

ART: IV.

Consuls general, Consuls, Vice-Consuls and Consular-Agents may place over the outer door of their offices, or of their dwellings, the arms of their nation with the proper inscription indicative of the office. And they may also hoist the flag of their country on the consular edifice except in places where a legation of their country is established.

They may also hoist their flag on board any vessel employed by them in port for the discharge of their duty.

U See l’r tocil, 1. 285.

ART: V.

The consular archives shall be at all times inviolable, and under no pretence whatever shall the local authorities be allowed to examine or seize the papers forming part of them. When, however, a consular officer is engaged in other business, the papers relating to the Consulate shall be kept in a separate enclosure.

The offices and dwellings of Consules missi who are not citizens of the country of their residence shall be at all times inviolable. The local authorities shall not except in the case of the pursuit for crimes under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no event shall those offices or dwellings be used as places of asylum.

ART: VI.

In the event of the death, prevention 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 respective authorities in Germany or in the I'nited States, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities, granted by this convention to the incumbents.

ART: VII.

Consuls general and Consuls may, with the approbation of their respective governments, appoint Vice-Consuls and Consular-Agents in the cities, ports and places within their consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the government of the country which he represents. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Article 3.

ART: VIII.

Consuls general, Consuls, Vice-Consuls, and Consular-Agents shall have the right to apply to the authorities of the respective countries, whether federal or local, judicial or executive within the extent of their consular district, for the redress of any infraction of the treaties and conventions existing between the two countries or of international law; to ask information of said authorities and to address said authorities to the end of protecting the rights and interests of their countrymen, especially in cases of the absence of the latter; in which cases such Consuls etc. shall be presumed to be their legal representatives. If due notice should not be taken of such application, 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 reside.

ART: IX. Consuls general, Consuis, Vice-Consuls or Consular Agents of the two countries or their chancellors shall have the right conformably to the laws and regulations of their country

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