previous notice of his intention to do so. It shall be ratified, and the ratifications shall be exchanged within the space of six months, or earlier, if possible. In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have affixed thereto the seal of their arms. Done at Washington, the ninth day of November, Anno Domini one thousand eight hundred and forty-three. EXTRADITION Additional article signed at Washington February 24, 1845, supple- Senate advice and consent to ratification March 12, 1845 Ratified by France June 17, 1845 Ratifications exchanged at Paris June 21, 1845 Entered into force June 21, 1845 Proclaimed by the President of the United States July 24, 1845 Supplemented by additional article of February 10, 1858 1 Terminated July 27, 1911, by treaty of January 6, 1909, except as to crimes enumerated in treaty of November 9, 1843, and committed prior to July 27, 1911 The crime of Robbery, defining the same to be, the felonious and forcible taking from the person of another, of goods, or money to any value, by violence or putting him in fear;—and the crime of Burglary, defining the same to be, breaking and entering by night into a mansion house of another with intent to commit felony; and the corresponding crimes included under the French law in the words vol qualifié crime,-not being embraced in the second article of the convention of Extradition concluded between the United States of America and France, on the ninth of November, 1843, it is agreed, by the present article, between the high contracting parties, that persons charged with those crimes shall be respectively delivered up, in conformity with the first article of the said convention; and the present article when ratified by the parties, shall constitute a part of the said convention, and shall have the same force as if it had been originally inserted in the same. In witness whereof, the respective plenipotentiaries have signed the present article, in duplicate, and have affixed thereto the seal of their arms. Done at Washington, this twenty-fourth of February, 1845. 3 For a detailed study of this additional article, see 4 Miller 685. 'TS 89, ante, p. 831. RIGHTS, PRIVILEGES, AND DUTIES Convention signed at Washington February 23, 1853 Senate advice and consent to ratification, with amendments, March 29, Ratified by the President of the United States, with amendments, Ratified by France June 28,1853 Ratifications exchanged at Washington August 11, 1853 Entered into force August 11, 1853 Proclaimed by the President of the United States August 12, 1853 Articles 8 and 9 abrogated by the United States July 1, 1916, in accordance with Seamen's Act of March 4, 1915 2 Article 7 interpreted by agreement of February 23 and March 4, 1933 3 10 Stat. 992; Treaty Series 925 CONSULAR CONVENTION BETWEEN THE UNITed States of America, and HIS MAJESTY, THE EMPEROR OF THE FRENCH The President of the United States of America, and His Majesty, the Emperor of the French, being equally desirous to strengthen the bonds of friendship between the two nations and to give a new and more ample development to their commercial intercourse, deem it expedient, for the accomplishment of that purpose, to conclude a special convention which shall determine, in a precise and reciprocal manner, the rights, privileges and duties of the Consuls of the two countries. 'The U.S. amendments called for deletion of the phrase "the President of" after the word "between" in the title of the convention and addition of the words "so long and to the same extent as the said laws shall remain in force" in the first sentence of art. 7 following the phrase "In all the States of the Union whose existing laws permit it,". The text printed here is the amended text as proclaimed by the President. Accordingly they have named: The President of the United States: The Honorable Edward Everett, Secretary of State of the United States; His Majesty, the Emperor of the French: The Count de Sartiges, Commander of the Imperial order of the Legion of Honor &c. &c., his Envoy Extraordinary and Minister Plenipotentiary at Washington; Who, after communicating to each other their full powers, found in good and due form, have agreed upon the following articles: ARTICLE 1 The Consuls General, Consuls, and Vice Consuls or Consular Agents of the United States and France shall be reciprocally received and recognized, on the presentation of their Commissions, in the form established in their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them without charge, and on the exhibition of this exequatur they shall be admitted at once and without difficulty by the territorial authorities, federal or state, 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 it on a statement of the reasons for which it has thought proper to do so. ARTICLE 2 The Consuls General, Consuls, Vice Consuls or Consular Agents of the United States and France, shall enjoy in the two countries the privileges usually accorded to their offices, such as personal immunity, except in the case of crime, exemption from military billetings, from service in the militia or the national guard and other duties of the same nature; and from all direct and personal taxation whether federal, state or municipal. If, however, the said Consuls General, Consuls, Vice Consuls or Consular Agents are citizens of the country in which they reside, if they are or become owners of property there or engage in commerce, they shall be subject to the same taxes and imposts, and with the reservation of the treatment granted to commercial agents, to the same jurisdiction, as other citizens of the country who are owners of property or merchants. They may place on the outer door of their offices or of their dwelling houses, the arms of their nation with an inscription in these words: "Consul of the United States", or "Consul of France"; and they shall be allowed to hoist the flag of their country thereon. They shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes or deposition is to be received from them in the administration of justice, they shall be invited in writing to appear in court, and if unable to do so, their testimony shall be requested in writing or be taken orally at their dwellings. Consular pupils shall enjoy the same personal privileges and immunities as Consuls General, Consuls, Vice Consuls or Consular Agents. In case of death, indisposition or absence of the latter, the Chancellors, Secretaries and Consular pupils attached to their offices, shall be entitled to discharge ad interim the duties of their respective posts, and shall enjoy, whilst thus acting, the prerogatives granted to the incumbents. ARTICLE 3 The Consular offices and dwellings shall be inviolable. The local authorities shall not invade them under any pretext. In no case shall they examine or seize the papers there deposited. In no case shall those offices or dwellings be used as places of asylum. ARTICLE 4 The Consuls General, Consuls, Vice Consuls or Consular Agents of both countries shall have the right to complain to the authorities of the respective governments, whether federal or local, judicial or executive, throughout the extent of their consular district, of any infraction of the treaties or Conventions existing between the United States and France, or for the purpose of protecting informally the rights and interests of their countrymen, especially in cases of absence. Should there be no Diplomatic Agent of their nation, they shall be authorized in case of need, to have recourse to the general or federal government of the country in which they exercise their functions. ARTICLE 5 The respective Consuls General and Consuls shall be free to establish in such parts of their districts as they may see fit, Vice Consuls or Consular Agents, who may be taken indiscriminately from among Americans of the United States, Frenchmen or citizens of other countries. These agents, whose nomination, it is understood, shall be submitted to the approval of the respective governments, shall be provided with a certificate given to them by the Consul by whom they are named and under whose orders they are to act. ARTICLE 6 The Consuls General, Consuls, Vice Consuls or Consular Agents shall have the right of taking at their offices or bureaux, at the domicil of the parties concerned or on board ship, the declarations of Captains, crews, passengers, merchants or citizens of their country, and of executing there all requisite papers. |