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His Majesty the King of the Belgians, with the consent of Parliament; and the ratifications shall be exchanged at Brussels within twelve months from the date hereof, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their seals.
Made in duplicate at Brussels, the sixteenth of November, eighteen hudred and sixty-eight. L. S.]
H. S. SANFORD. (L. S.]
JULES VANDER STICHIELEN.
CONVENTION BETWEEN THE UNITED STATES AND BELGIUM-RIGHTS, PRIVILEGES, AND IMMUNITIES OF CONSULS-CONCLUDED DECEMBER 5, 1868; RATIFICATIONS EXCHANGED JULY 8, 1869; PROCLAIMED MARCH 7, 1870.
The President of the United States of America and His Majesty the
King of the Belgians, recognizing the utility of detining the
rights, privileges, and immunities of consular officers in the two countries, deem it expedient to conclude a consular convention for that purpose; accordingly, they have named: The President of the United States of America, Henry Shelton San
ford, a citizen of the United States, their Minister Resident
near His Majesty the King of the Belgians; and Ilis Majesty the King of the Belgians, the Sieur Jules Vander Stichelen, Grand Cross of the Order of the Dutch Lion, &c., &c., &c., lis Minister of Foreign Affairs;
Who, after having communicated to each other their full powers, found to be in good and proper form, have agreed upon the following articles:
ing, Consula, de
Each of the high contracting parties agrees to receive from the other, Liberty of appoint
Consuls General, Consuls, Vice-Consuls, and Consular
Agents, in all its ports, cities, and places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other power.
be entitled to rights as such.
Consular officers, on the presentation of their commissions in the
forms established in their respective countries, shall be office to its furnished with the necessary exequatur free of charge, and
on the exhibition of this instrument they shall be permitted to enjoy the rights, prerogatives, and immunities granted by this convention.
ARTICLE III. Consular oflicers, citizens of the State by which they are appointed,
shall be exempt from arrest except in the case of ottenses which the local legislation qualifies as crimes, and punishes
Exemption from arrest
it as such; from military billetings, from service in the militia or in the national guard, or in the regular army, and from all taxation, feleral, state, or municipal. If, however, they are citizens of the state where they reside, or own property, or engage in business there, they shall be liable to the same charges of all kinds as other citizens of the country, who are merchants or owners of property.
No consular officer who is a citizen of the state by which he was appointed, and who is not engaged in business, shall be compelled to appear as a witness before the courts of the country where he may reside. When the testimony of such a consular officer is netled, he shall be inviteil in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally, at his dwelling or office.
It shall be the duty of sail consular officer to comply with this request without any delay wbich can be avoided.
In all criminal cases contemplated by the sixth article of the amendments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said consular officer shall be demanded, with all possible regard to the consular dignity and to the duties of his office. Å similar treatment shall also be extended to United States Consuls in Belgium, in the like cases.
Right to hoist flag.
Consuls General, Consuls, Vice Consuls, and consular Agents may place over the outer door of their offices, or their dwellinghouses, the arms of their nation, with this inscription, * Consulate, or Vice-Consulate, or Consular Agency” of the United States, or of Belgium, &c., &c. And they may also raise the flag of their country on their offices or dwelling houses, except in the capital of the country, when there is a legation there.
Consular archives inviol: ble.
The cousular offices and dwellings shall be at all times inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers ihere deposited. In no case shall those offices or dwellings be used as places of asylum. When, however, a consular officer is engaged in other business, the papers relating to the consulate shall be kept separate.
Rahts of Acting Consul, &c.
In the event of the death, incapacity, or absence of Consuls General, Consuls, Vice-Consuls, and Consular Agents, their chancellors or secretaries, whose official character may have previously been made known to the Department of State at Washington, or to the Minister for Foreign Affairs in Belgium, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities granted to the incumbents.
Rights of Consult sular Agent
Consuls General and Consuls may, with the approbation of their respect.
ive Governments, appoint Vice-Consuls and Consular Agents and Cow in the cities, ports, and places within their consular jurisdic
tion. These officers may be citizens of the United States, of Belgium, or other foreigners. They shall be furnished with a commission by the Consul who appoints them, and under whose orders they are to act. They shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in Articles III and IV.
by Consuls, &c.
Consuls General, Consuls, Vice-Consuls, and Consular Agents may Cause of complaint complain to the authorities of the respective countries,
whether federal or local, judicial or local, judicial or exe. cutive, within their consular district, of any infraction of the treaties and conventions between the United States and Belgium, or for the purpose of protecting the rights and interest of their countrymen. If the complaint should not be satisfactorily redressed, the consular officers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they reside.
Right of ('on uls to take depositions.
Consuls General, Consuls, Vice-Consuls, and Consular Agents may
take at their offices, at the residence of the parties, at their
private residence, or on board ship, the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen of their nation. They may also receive at their offices, comformably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation to which said consular officer may belong. Copies of such papers and official documents of every kind, whether in the original, copies, or translation duly authenticated and legalized by the Consuls General, Consuls. Vice Consuls, and Consular Agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Belgium.
ARTICLE XI. Consuls General, Consuls, Vice-Consuls, and Consular Agents shall have Righty or comunis exclusive charge of the internal order of the merchant vessels come the research of their nation, and shall alone take cognizance of differences
which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to the adjustment of wages and the execution of contracts. Neither the federal, state, or municipal authorities or courts in the United States, por any court or authority in Belgium shall, on any pretext, interfere in these differences.
ARTICLE XII. The respective Consuls General, Consuls, Vice-Consuls, and Consular
Agents may arrest the oflicers, sailors, and all other persons making part of the crew of ships of war or merchant vessels
vessels of nation,
of their nation who may be guilty, or be accused of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. To that end the consuls of the United States in Belgium may apply to any of the competent authorities; and the consuls of Belgium in the United States may apply in writing to either the federal, state, or municipal courts or authorities, and make a re. quest in writing for the deserters, supporting it by the exhibition of the register of the vessel and list of the crew, or by other official documents, to show that the persons claimed belong to the said crew.
l'pon such request alone, thus supported, and without the exaction of any oath from the consular officers, the deserters, not being citizens of the country where the demand is made at the time of their shipping, shall be given up. All the necessary aid and protection shall be furnished for the searchi, pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the consular oflicers, until there may be an opportunity for sending them away. If, however, such an opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserter shall be set at liberty, nor shall he be again arrested for the same cause.
Damage: ured at
by veels. How settled.
In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls General, Consuls, Vice-Consuls, and Consular Agents of the respective countries where they reside. If, however, any inhabitant of the country or citizen or subject of a third power shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide.
All proceedings relative to the salvage of American vessels wrecked upon the coasts of Belgium, and of Belgian vessels wrecked upon the coasts of the United States, shall be directed by Consuls General, Consuls, and Vice-Consuls of the two countries, respectively, and, until their arrival, by the respective Consular Agents, Thererer an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall immediately be informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall not otherwise interfere than for the maintenance of oriler, the protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place.
In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States, without having any known heirs or testamentary executor by him
Death of citizens.
appointed, the competent local authorities shall inform the Consuls or Consular Agents of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to parties interested.
Duration of con vention
The present convention shall remain in force for the space of ten
years, counting from the day of the exchange of the ratiti
cations, which shall be made in conformity with the respect. ive constitutions of the two countries, and exchanged at Brussels within the period of six months, or sooner if possible. In case neither party gives notice, twelve monthis after the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on from year to year, until the expi. ration of a year from the day on which one of the parties shall have given such notice.
In faith whereof the respective Plenipotentiaries have signed this couvention, and have hereunto alised their seals.
Done at Brussels, in duplicate, the fifth day of December, eighteen hundred and sixty-eight. L. S.
H. S. SANFORD. L. S.
JULES VANDER STICHELEN,
Protocol auditional to the contention between the United States and
Belgiun, signed December 5, 1868.* The Plenipotentiaries of the President of the United States and of His Majesty the King of the Belgians, foreseeing that the exchange of ratifications cannot be made within the delay prescribed, by reason of circumstances independent of the will of the high contracting parties, have met this day, and have agreed to prolong the delay for two months.
Done at Brussels, the 1st of June, 1869. (L. S.]
Hl. S. SANFORD. (L. S.]
JULES VANDER STICHIELEN.
BETWEEN THE UNITED STATES AND BELGIUM OF JULY 17, 1838–TRADE-
King of the Belgians, deeming it advisable that there
should be an additional article to the treaty of commerce and navigation between them of the 17th July, 1858, have for this purpose named as their Plenipotentiaries, namely:
* The Senate of the United States, by its resolution of March 2, 1870, advised and consented to the exchanges of ratifications which had previously been made.
† Pamphlet Laws, 2 session, 41st Congress, p. 359.