Gambar halaman
PDF
ePub

every assistance necessary for the due exercise of their functions; buta is expressly declared that in case of illegal or improper conduct with respect to the laws or government of the country to which said Cosuls, Vice-Consuls, or Commercial Agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Government, which sha acquaint the other with its motives for having thus acted; it bein. understood, however, that the archives and documents relative to th affairs of the Consulate shall be exempt from all search and shall be carefully preserved under the seals of the Consuls, Vice-Consuls, c Commercial Agents, and of the authority of the place where they may reside.

The Consuls, Vice-Consuls, or Commercial Agents, or the persons duly authorized to supply their places, shall have the right as such to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation, whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captains should disturb the order or tranquility of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to, cause their decisions to be carried into effect or supported. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country.

1463. ARTICLE XIII.

The said Consuls, Vice-Consuls, or Commercial Agents are authorized. to require the assistance of the local authorities for the arrest, detention, and imprisonment of the deserters from the ships of war and merchantvessels of their country, and for this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels the rolls of the crews, or by other official documents, that such indi viduals formed part of the crews, and on this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when. arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the public prisons at the request and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back within the space of two months, reckoning from the,

y of their arrest, they shall be set at liberty, and shall not be again rested for the same cause.

It is understood, however, that if the deserter should be found to have mmitted any crime or offense, his surrender may be delayed until the ibunal before which the case shall be depending shall have pronounced ; sentence, and such sentence shall have been carried into effect.

[blocks in formation]

dditional article to the Convention of Friendship, Commerce, and Navigation, of the 20th of December, 1827, between the United States of America and the Hanseatic Republics of Lubeck, Bremen, and Hamburg, concluded June 4, 1828.

1464.

The United States of America and the Hanseatic Republics of Lubeck, remen, and Hamburg, wishing to favor their mutual commerce by fording, in their ports, every necessary assistance to their respective essels, the undersigned Plenipotentiaries have further agreed upon the ollowing additional article to the Convention of Friendship, Commerce, nd Navigation, concluded at Washington on the twentieth day of December, 1827, between the contracting parties.

The Consuls and Vice-Consuls may cause to be arrested the sailors, eing part of the crews of the vessels of their respective countries, who hall have deserted from the said vessels, in order to send them back and ransport them out of the country. For which purpose the said Consuls nd Vice-Consuls shall address themselves to the courts, judges, and fficers competent, and shall demand the said deserters, in writing, roving by an exhibition of the registers of the said vessels, or ship's oll, or other official document, that those men were part of said crews; nd on this demand being so proved (saving, however, where the conrary is proved), the delivery shall not be refused: and there shall be iven all aid and assistance to the said Consuls and Vice-Consuls for the

search, seizure, and arrest of the said deserters, who shall be even detained and kept in the prisons of the country, at their request and expense until they shall have found opportunity of sending them back. Buti they be not sent back within two months, to be counted from the day 1, of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.

It is understood, however, that if the deserter should be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect.

The present additional article shall have the same force and value as if it were inserted, word for word, in the Convention signed at Washington on the twentieth day of December, one thousand eight hundred and twenty-seven.

[blocks in formation]

Convention for the mutual extension of the jurisdiction of Consuls between the United States of America and the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck, concluded at Washington, April §.

1852.

1465. ARTICLE I.

The Consuls, Vice-Consuls, Commercial, and Vice-Commercial Agents, of each of the high contracting parties shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local, s authorities, unless the conduct of the crews or of the master should disturb the order or tranquillity of the country; or the said Consuls, ViceConsuls, Commercial Agents, or Vice-Commercial Agents, should require their assistance in executing or supporting their own decisions. But this species of judgment or arbitration shall not deprive the contending; parties of the right they have to resort, on their return, to the judicial authority of their own country.

1466. ARTICLE II.

The present Convention shall be in force for the term of twelve years. from the day of its ratifications; and further until the end of twelve months after the Government of the United States on the one part, or the Free and Hanseatic Republics of Hamburg, Bremen, or Lubeck, or

ther of them, on the other part, shall have given notice of their intenon to terminate the same; each of the contracting parties reserving to self the right of giving such notice to the other at the end of the said erm of twelve years. And it is hereby agreed that, at the expiration of welve months after such notice shall have been received by either of the arties from the other, this convention, and all the provisions thereof, hall altogether cease and determine, as far as regards the States giving nd receiving such notice; it being always understood and agreed that f one or more of the Free and Hanseatic Republics aforesaid shall, at he expiration of twelve years from the date of the ratification of the onvention, give or receive notice of the termination of the same, it shall, evertheless, remain in full force and operation, as far as regards the emaining Free and Hanseatic Republics or Republic, which may not have given or received such notice.

HAWAIIAN ISLANDS.

Treaty concluded December 20, 1849 (Friendship, Commerce, and Navigation).

[blocks in formation]

Each of the two contracting parties may have, in the ports of the other, Consuls, Vice-Consuls, and Commercial Agents of their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; but if any such consuls shall exercise commerce, they shall be subject to the same laws and usage to which the private individuals of their nation are subject in the same place. The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant-vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand the said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the public prisons, at the request

and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged or sent back to their own country by a vessel of the same nation, or a other vessel whatsoever. The agents, owners, or masters of vessels account of whom the deserters have been apprehended upon requisitic of the local authorities, shall be required to take or send away su deserters from the States and dominion of the contracting parties, or give such security for their good conduct as the law may require. But if n sent back nor reclaimed within six months from the day of their arrest or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserters should be found to have committed any crime or offense, their surrender may be delayed until the tribunal before which their case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect.

[blocks in formation]

If any ships of war or other vessels be wrecked on the coasts of the States or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the produce thereof, if sold, shall be faithfully restored, with the least possible delay, to the proprietors, upon being claimed by them or by their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels shall be delivered to the American or Hawaiian Consul or Vice-Consul in whose district the wreck may have taken place; and such Consul, Vice-Consul, proprietors, or factors, shall pay only the expenses incurred in the preservation of the property. together with the rate of salvage and expenses of quarantine which would have been payable in the like case of a wreck of a national ves-{ sel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country.

[blocks in formation]
« SebelumnyaLanjutkan »