ARTICLE 9. All articles at the time of apprehension in the possession of the person demanded, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected. ARTICLE 10. If the individual claimed by one of the high contracting parties, in pursuance of the present treaty, shall also be claimed by one or several powers, on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received: Provided, that the government from which extradition is sought is not bound by treaty to give preference otherwise. ARTICLE 11. All expenses connected with the extradition of a fugitive, excepting the compensation of public officers who receive a fixed salary, will be borne by the State asking such extradition. ARTICLE 12. The present treaty shall take effect on the thirtieth day after the date of the exchange of the ratifications. The ratifications of the present treaty shall be exchanged at Buenos Aires as soon as possible, and it shall remain in force for a period of six months after the date on which either of the contracting governments shall give notice to the other of a purpose to terminate it. In witness whereof the respective Plenipotentiaries have signed this Treaty and affixed thereto their seals. Done in duplicate, at the city of Buenos Aires, this twenty sixth day of September eighteen hundred and ninety six. WILLIAM I. BUCHANAN [SEAL. AUSTRIA-HUNGARY. 1829. TREATY OF COMMERCE AND NAVIGATION. Concluded August 27, 1829; ratification advised by the Senate February 10, 1830; ratified by the President February 11, 1830; ratifications exchanged February 10, 1831; proclaimed February 10, 1831. (Treaties and Conventions, 1889, p. 23.) ARTICLES. I. Liberty of commerce and naviga- II. Shipping charges to be equal. ties. IV. Application of two preceding articles. V. Most favored nation treatment of products. VI. Reciprocal right of vessels to export. VII. Coastwise trade. VIII. No discriminations against vessels. IX. Most favored nation favors. X. Consular officers authorized. XI. Property of deceased persons. XII. Duration. XIII. Ratification. (The period for the exchange of ratifications was extended, with the advice and consent of the Senate, by resolution of February 3, 1831, and the consent of the Emperor of Austria, expressed by his minister in the certificate of exchange of ratifications, February 10, 1831.) The United States of America, and His Majesty the Emperor of Austria, King of Hungary and Bohemia, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States, of extending, also, and consolidating the commercial intercourse between them, and convinced that this object cannot better be accomplished than by adopting the system of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity equally beneficial to both countries, have, in consequence, agreed to enter into negotiations for the conclusion of a Treaty of Commerce and Navigation, for which purpose the President of the United States has conferred Full Powers on Martin Van Buren, their Secretary of State; and His Majesty the Emperor of Austria has conferred like Powers on Lewis Baron de Lederer, His said Majesty's Consul for the port of New York, and the said Plenipotentiaries having exchanged their said Full Powers, found in good and due form, have concluded and signed the following articles. ARTICLE I. There shall be between the Territories of the High Contracting Parties a reciprocal liberty of commerce and navigation. The inhabitants of their respective States shall mutually have liberty to enter the ports places and rivers of the Territories of each Party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and S. Doc. 318, 58-2-3 33 reside in all parts whatsoever of said territories, in order to attend to their commercial affairs; and they shall enjoy, to that effect, the same security, protection and privileges as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing. ARTICLE II. Austrian vessels arriving, either laden or in ballast, in the ports of the United States of America; and, reciprocally, vessels of the United States arriving, either laden, or in ballast, in the ports of the dominions of Austria, shall be treated on their entrance, during their stay and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilotage and port-charges, as well as to the fees and perquisites of public officers, and all other duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local Authorities, or of any private establishment whatsoever. ARTICLE III. All kind of merchandise and articles of commerce, either the produce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported into the ports of the dominions of Austria, in Austrian vessels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local Authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in Austrian vessels. And, reciprocally, all kind of merchandise and articles of commerce, either the produce of the soil or of the industry of the dominions of Austria, or of any other country, which may be lawfully imported into the ports of the United States, in vessels of the said States, may also be so imported in Austrian vessels, without paying other or higher duties or charges, of whatever kind or denomination levied in the name, or to the profit of the Government, the local Authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been imported in vessels of the United States of America. ARTICLE IV. To prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the two preceding articles, are, to their full extent, applicable to Austrian vessels and their cargoes, arriving in the ports of the United States of America; and, reciprocally, to vessels of the said States and their cargoes arriving in the ports of the dominions of Austria, whether the said vessels clear directly from the ports of the country to which they respectively belong, or from the ports of any other foreign country. ARTICLE V. No higher or other duties shall be imposed on the importation into the United States, of any article the produce or manufacture of the dominions of Austria; and no higher or other duties shall be imposed on the importation into the dominions of Austria, of any article the produce or manufacture of the United States, than are, or shall be payable on the like article, being the produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States, or of the dominions of Austria, to or from the ports of the United States, or to or from the ports of the dominions of Austria, which shall not equally extend to all other Nations. ARTICLE VI. All kinds of merchandise and articles of commerce, either the produce of the soil or of the industry of the United States of America, or of any other country, which may be lawfully exported, or re-exported from the ports of the said United States, in national vessels, may also be exported or re-exported therefrom in Austrian vessels, without paying other or higher duties or charges of whatever kind or denomination, levied in the name or to the profit of the Government, the local Authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been exported or re-exported in vessels of the United States of America. An exact reciprocity shall be observed in the ports of the dominions of Austria, so that all kinds of merchandise and articles of commerce either the produce of the soil or of the industry of the said dominions of Austria, or of any other country, which may be lawfully exported or re-exported from Austrian ports, in national vessels, may also be exported or re-exported therefrom, in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local Authorities, or of any private establishments whatsoever, than if the same merchandise or produce had been exported, or re-exported in Austrian vessels. And the same bounties and drawbacks shall be allowed, whether such exportation or re-exportation be made in vessels of the one Party, or of the other. ARTICLE VII. It is expressly understood and agreed that the coastwise navigation of both the Contracting Parties is altogether excepted from the operation of this Treaty, and of every Article thereof. ARTICLE VIII. No priority or preference shall be given, directly or indirectly, by either of the Contracting Parties, nor by any company, corporation or Agent, acting on their behalf or under their authority, in the purchase of any article of commerce, lawfully imported, on account of, or in reference to the character of the vessel, whether it be of the one Party or of the other, in which such article was imported, it being the true intent and meaning of the Contracting Parties that no distinction or difference whatever shall be made in this respect, 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, |