received in Courts of Justice as legal documents or as authenticated copies, as the case may be, and shall have the same force and effect, as if drawn up by competent public officers of one or the other of the two countries. Consuls-General, Consuls, Vice Consuls or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authorities or functionaries of their own country, and such papers shall have the same force and effect in the country where the aforesaid officers reside, as if drawn up by sworn interpreters. ARTICLE X. Consuls-General, Consuls, Vice Consuls or Consular Agents shall be at liberty to go on board the vessels of their nation admitted to entry, either in person, or by proxy and to examine the Captain and crew, to look into the register of the ship, to receive declarations with reference to their voyage, their destination, and the incidents of the voyage, also to draw up manifests, lists of freight, to assist in despatching their vessels and finally to accompany the said Captains or crews before the Courts and before the administrative authorities, in order to act as their interpreters or Agents in their business transactions, or applications of any kind. The Judicial authorities and Custom-House officials shall in no case proceed to the examination or search of merchant vessels, without previous notice to the Consular authority of the nation to which the said vessels belong, in order to enable them to be present. They shall also give due notice to Consuls, Vice Consuls or Consular Agents, in order to enable them to be present at any depositions or statements to be made in Courts of law, or before local magistrates by Captains or persons composing the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice Consuls or Consular Agents shall name the hour fixed for such proceedings, and upon the non-appearance of the said officers or their representatives, the case shall be proceeded with in their absence. ARTICLE XI. Consuls, Vice Consuls or Consular Agents shall have exclusive charge of the internal order of the merchant vessels of their nation. They shall have therefore the exclusive power to take cognizance of and to settle all differences which may arise at sea or in port between Captains, officers and crews in reference to wages and the execution of mutual contracts, subject in each case to the laws of their own. nation. The local authorities shall in no way interfere except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance, except as aforesaid the local authorities shall confine themselves to the rendering of forcible assistance if required by the Consuls, Vice Consuls or Consular Agents, and shall cause the arrest, temporary imprisonment and removal on board his own vessel of every person whose name is found on the muster rolls or register of the ship or list of the crew, ARTICLE XII. Consuls-General, Consuls, Vice Consuls or Consular Agents shall have the power to cause the arrest of all sailors or all other persons belonging to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the High Contracting Powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship's register and list of the crew, or else, should the vessel have sailed previously, by producing an authenticated copy of these documents showing that the persons claimed really do belong to the ship's crew. Upon such request the surrender of the deserter shall not be refused. Every aid and assistance shall moreover be granted to the said Consular authorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the Consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at the expiration of which time, and upon three days notice to the Consul, the prisoner shall be set free and he shall not be liable to re-arrest for the same cause. Should, however, the deserter have committed on shore an indictable offence, the local authorities shall be free to postpone his extradition until due sentence shall have been passed and executed. The High Contracting Parties agree that seamen, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provisions of this article. ARTICLE XIII. In all cases where no other agreement to the contrary exists between owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter the respective ports voluntarily or by stress of weather, shall be settled by the ConsulsGeneral, Consuls, Vice Consuls or Consular Agents of their respective nation, provided no interests of citizens of the country where the said functionaries reside, nor of citizens of a third power are concerned. In that case, and in the absence of a friendly compromise between all parties interested, the adjudication shall take place under supervision of the local authorities. ARTICLE XIV. In the event of a vessel belonging to the Government or owned by a citizen of one of the two Contracting States, being wrecked or cast on shore upon the coast of the other, the local authorities shall inform the Consuls-General, Consuls, Vice Consuls, or Consular Agents of the district of the occurrence, or of such Consular Agency does not exist, they shall communicate with the Consul-General, Consul, Vice Consul or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in Austro-Hungarian waters, shall be directed by the United States Consuls-General, Consuls, Vice Consuls, or Consular Agents; also all proceedings relative to the salvage of AustroHungarian vessels wrecked or cast on shore in American waters shall be directed by Austro-Hungarian Consuls-General, Consuls, Vice Consuls or Consular Agents. An interference of the local authorities in the two countries shall take place for the purpose only of assisting the consular authorities in maintaining order and protecting the rights of salvors not belonging to the crew, also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Consuls-General, Consuls, Vice Consuls or Consular Agents, or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck. No charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the preservation of property saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur. In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execution of the provisions laid down in the present Article. The High Contracting Parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place shall be free of all duties. ARTICLE. XV. Consuls-General, Consuls, Vice Consuls and Consular Agents also Consular Pupils, Chancellors and Consular Officers shall enjoy in the two countriesall the liberties, prerogatives, immunities and privileges granted to functionaries of the same class of the most favored nation. ARTICLE XVI. In case of the death of a citizen of the United States in the Austrian Hungarian Monarchy, or of a citizen of the Austrian Hungarian Monarchy in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authorities shall inform the Consuls or Consular Agents of the State to which the deceased belonged, of the circumstance, in order that the necessary information may be immediately forwarded to the parties interested." ARTICLE XVII. The present Convention shall remain in force for the space of ten years from the date of the exchange of the ratifications, which shall be made in conformity with the respective Constitutions of the two countries, and exchanged at Washington within the period of ten (10.) months or sooner if possible. In case neither of the Contracting Parties gives notice before the expiration of the said term of his intention not to renew this Convention, it shall remain in force a 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 testimony whereof, the respective Plenipotentiaries have signed this Convention and hereunto affixed their respective seals. Done, in duplicate, at Washington, the eleventh day of July, in the year of our Lord one thousand eight hundred and seventy. [SEAL.] SEAL. HAMILTON FISH 1870. NATURALIZATION CONVENTION. Concluded September 20, 1870; ratification advised by the Senate March 22, 1871; ratified by the President March 24, 1871; ratifications exchanged July 14, 1871; proclaimid August 1, 1871. (Treaties and Conventions, 1889, p. 37.) I. Requirements necessary. ARTICLES. IV. Resumption of former citizenship. VI. Ratification. The President of the United States of America and His Majesty, the Emperor of Austria, King of Bohemia, etc, and Apostolic King of Hungary, led by the wish to regulate the citizenship of those persons, who emigrate from the United States of America to the territories of the Austro-Hungarian Monarchy, and from the Austro-Hungarian Monarchy to the United States of America, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries to conclude a Convention, that is to say: The President of the United States of America John Jay, Envoy Extraordinary & Minister Plenipotentiary from the United States to His Imperial and Royal Apostolic Majesty; and His Majesty the Emperor of Austria etc., Apostolic King of Hungary: The Count Frederick Ferdinand de Beust, his Majesty's Privy Counsellor and Chamberlain, Chancellor of the Empire, Minister of the Imperial House and of Foreign Affairs, Grand Cross of the orders of St Stephen and Leopold; who have agreed to and signed the following Articles: ARTICLE I. Citizens of the Austro-Hungarian Monarchy who have resided in the United States of America, uninterruptedly at least five years, and during such residence have become naturalized citizens of the United States shall be held by the Government of Austria and Hungary to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have resided in the territories of the Austro-Hungarian Monarchy uninterruptedly at least five years and during such residence have become naturalized citizens of the Austro-Hungarian Monarchy shall be held by the United States to be citizens of the Austro-Hungarian Monarchy and shall be treated as such The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. ARTICLE II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country committed before his emigration, saving always the limitation established by the laws of his original country and any other remission of liability to punishment. In particular a former citizen of the Austro-Hungarian Monarchy, who under the first article is to be held as an American citizen is liable to trial and punishment according to the laws of AustroHungary, for non fulfilment of military duty; 1° if he has emigrated after having been drafted at the time of conscription and thus having become enrolled as a recruit for service in the standing army. 2° if he has emigrated whilst he stood in service under the flag or had a leave of absence only for a limited time; 3° if, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy naturalized in the United States, who by, or after his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one, two and three, can on his return to his original country neither be held subsequently to military service, nor remain liable to trial and punishment for the non fulfilment of his military duty. ARTICLE III. The convention" for the mutual delivery of criminals, fugitives from justice concluded on the 3. July 1856 between the government of the United States of America on the one part and the Austro-Hungarian Monarchy on the other part as well as the additional convention' signed on the 8 May 1848 to the treaty of commerce and navigation concluded between the said Governments on the 27 of August 1829 and especially the stipulations of Article IV of the said additional Convention concerning the delivery of the deserters from the ships of war and merchant vessels, remain in force without change. ARTICLE IV. The emigrant from the one State, who according to article I is to be held as a citizen of the other State, shall not, on his return to his original country, be constrained to resume his former citizenship, yet if he shall of his own accord reacquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country. ❝ Convention of 1856, p. 39. S. Doc. 318, 58-2- 4 Convention of 1848, p. 37. |