Gambar halaman
PDF
ePub

3, 1893, required all Chinese laborers lawfully within the limits of t United States before the passage of the first named Act to be register as in said Acts provided, with a view of affording them better prote tion, the Chinese Government will not object to the enforcement of su acts, and reciprocally the Government of the United States recognis the right of the Government of China to enact and enforce similar lay or regulations for the registration, free of charge, of all laborers, skill or unskilled, (not merchants as defined by said Acts of Congress), ci zens of the United States in China, whether residing within or witho the treaty ports.

And the Government of the United States agrees that within twel months from the date of the exchange of the ratifications of this Co vention, and annually, thereafter, it will furnish to the Government China registers or reports showing the full name, age, occupation an number or place of residence of all other citizens of the United State including missionaries, residing both within and without the treat ports of China, not including, however, diplomatic and other officers the United States residing or travelling in China upon official busines together with their body and household servants.

[blocks in formation]

Treaty concluded May 4, 1850, with New Granada (Consular Privileges

1408. ARTICLE I.

Each of the two contracting republics may maintain in the princips cities or commercial places of the other, and in the ports open to foreig commerce, Consuls of its own, charged with the protection of the com mercial rights and interests of their nation, and to sustain their cour trymen in the difficulties to which they may be exposed. They ma likewise appoint Consuls-General, as chiefs over the other Consuls, ort attend to the affairs of several commercial places at the same time, an Vice-Consuls for ports of minor importance, or to act under the direction of the Consuls. Each republic may, however, except those cities, places or ports in which it may consider the residence of such functionarie inconvenient, such exception being common to all nations. All that i said in this convention of Consuls in general shall be considered as relat ing not only tɔ Consuls, properly so called, but to Consuls-General ant Vice-Consuls, in all the cases to which this convention refers.

1409. ARTICLE II.

The Consuls appointed by one of the contracting parties to reside in le ports or places of the other shall present to the Government of the public in which they are to reside their letters patent or commission, 1 order that they may receive the proper exequatur, if it be deemed pedient to give it, which shall be granted without any charge; and lis exequatur, when obtained, is to be exhibited to the chief authories of the place in which the Consul is to exercise his functions, in order at they may cause him to be recognized in his character, and that he lay be sustained in his proper prerogative, in his respective Consular istrict. The Government receiving the Consul may withdraw the exenatur or his Consular commission whenever it may judge proper to do , bat in such case shall state a reasonable ground for the proceeding.

1410. ARTICLE III.

The Consuls admitted in either republic may exercise in their respecive districts the following functions: 1. They may apply directly to the authorities of the district in which bey reside, and they may, in case of necessity, have recourse to the lational Government through the Diplomatic Agent of their nation, if here be any, or directly, if there be no such Agent, in complaint against my infraction of the treaties of commerce committed by the authorities y persons employed by them in the country, to the injury of the comnerce of the nation in whose service the Consul is engaged.

2. They may apply to the authorities of the Consular District, and In case of necessity they may have recourse to the national Governnent through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, against any abuse on the part of the authorities of the country, or the persons employed by them, against individuals of their nation in whose service the Consul is engaged; and they may, when necessary, take such measures as may be proper to pretent justice from being denied to them or delay, and to prevent them from being judged or punished by any other than competent judges, and agreeably to the laws in force.

3. They may, as the natural defenders of their fellow-countrymen, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in which their support may be necessary. 4. They may accompany the captains, mates, or masters of the vessels of their nation in all that they may have to do with regard to the mani fests of their merchandise and other documents, and be present in al cases in which the authorities, courts, or judges of the country may han to take any declarations from the persons above mentioned, or any othei belonging to their respective crews.

5. They may receive depositions, protests, and statements from cap tains, mates, and masters of vessels of their nation, respecting losse an injuries sustained at sea, and protests of any individuals of their natia respecting mercantile affairs. These documents, drawn up in authenti copies, certified by the Consul, shall be admitted in the courts and office of justice, and shall have the same validity as if they had been authen ticated before the same judges or courts.

6. They may determine on all matters relating to injuries sustained at sea by effects and merchandise shipped in vessels of the nation in whos service the Consul is employed arriving at the place of his residence, provided that there be no stipulations to the contrary between the shippers, owners, and insurers. But if, among the persons interested in such losses and injuries, there should be inhabitants of the country where the Consul resides, and not belonging to the nation in whose service he is, the cognizance of such losses and injuries appertains to the local authorities.

7. They may compromise amicably, and out of court, the differences arising between their fellow-countrymen, providing that those persons agree voluntarily to submit to such arbitration; in which case the doc ument containing the decision of the Consul, authenticated by himselt and by his chancellor or secretary, shall have all the force of a notarial copy authenticated, so as to render it obligatory on the interested parties.

8. They may cause proper order to be maintained on board of vessels of their nation, and may decide on the disputes arising between the cap. tains, the officers, and the members of the crew, unless the disorders taking place on board should disturb the public tranquillity, or persons not belonging to the crew or to the nation in whose service the Consul is employed; in which case the local authorities may interfere.

9. They may direct all the operations for saving vessels of their natiou which may be wrecked on the coasts of the district where the Consul resides. In such cases the local authorities shall interfere only in order to maintain tranquillity, to give security to the interests of the parties concerned, and to cause the dispositions which should be observed for

the

e entry and export of the property to be fulfilled. In the absence of e Consul, and until his arrival, the said authorities shall take all the easures necessary for the preservation of the effects of the wrecked ssel. 10. They may take possession, make inventories, appoint appraisers estimate the value of articles, and proceed to the sales of the movable roperty of individuals of their nation who may die in the country here the Consul resides without leaving executors appointed by their ill or heirs at law. In all such proceedings the Consul shall act in njunction with two merchants chosen by himself, for drawing up the ud papers for delivering the property or the produce of its sale, bserving the laws of his country and the orders which he may receive rom his own Government; but Consuls shall not discharge these anctions in those states whose peculiar legislation may not allow it. Thensoever there is no Consul in the place where the death occurs, xal authorities shall take all the precautions in their power to secure he property of the deceased.

11. They may demand from the local authorities the arrest of seamen leserting from the vessel of the nation in whose service the Consul is mployed, exhibiting, if necessary, the register of the vessel, her musteroll, and any other official document, in support of this demand. The aid authorities shall take such measures as may be in their power for he discovery and arrest of such deserters, and shall place them at the isposition of the Consul; but if the vessel to which they belong shall have sailed, and no opportunity for sending them away should occur, they shall be kept in arrest at the expense of the Consul, for two months; and if, at the expiration of that time, they should not have been sent away, they shall be set at liberty by the respective authorities, and cannot again be arrested for the same cause.

12. They may give such documents as may be necessary for the intercourse between the two countries, and countersign those which may have been given by the authorities. They may also give bills of health, if necessary, to vessels sailing from the port where the Consul resides to the port of the nation to which he belongs; they may also certify invoices, muster-rolls, and other papers necessary for the commerce and navigation of vessels.

13. They may appoint a Chancellor or Secretary whensoever the Consulate has none and one is required for authenticating documents. 14. They may appoint Commercial Agents to employ all the means in

their power,

in behalf of individuals of the nation in whose service the Consul is, and for executing the commissions which the Consul may think proper to intrust to them, out of the place of his residence; provided, however, that such agents are not to enjoy the prerogatives conceded to Consuls, but only those which are peculiar to Commercial Agents.

1411. ARTICLE IV.

The Consuls of one of the contracting republics residing in another country may employ their good offices in favor of individuals of the other republic which has no Consul in that country.

1412. ARTICLE V.

The contracting republics recognize no diplomatic character in Consuls, for which reason they will not enjoy in either country the immunities granted to public agents accredited in that character; but, in order that the said Consuls may exercise their proper functions without difficulty or delay, they shall enjoy the following prerogatives:

1. The archives and papers of the Consulate shall be inviolable, and cannot be seized by any functionary of the country in which they may be.

2. Consuls, in all that exclusively concerns the exercise of their functions, shall be independent of the state in whose territory they reside.

3. The Consuls and their Chancellors or Secretaries shall be exempt from all public service and from contributions, personal and extraordinary, imposed in the country where they reside. This exemption does not comprehend the Consuls or their Chancellors or Secretaries who may be natives of the country in which they reside.

4. Whenever the presence of Consuls may be required in courts or offices of justice, they shall be summoned in writing.

5. In order that the dwellings of Consuls may be easily and generally known, for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and to place over their doors the coat of arms of the nation in whose service the Consul may be, with an inscription expressing the functions discharged by him; but those insignia shall not be considered as importing a right of asylum, nor as placing the house or its inhabitants beyond the authority of magistrates who may think proper to search them, and who shall have that right in regard to them in the same manner as with regard to the houses of the other inhabitants in the cases prescribed by the laws.

« SebelumnyaLanjutkan »