« PreviousContinue »
on the fifth day of June, one thousand nine hundred and three, the original of which Treaty, being in the English language is word for word as follows:
Whereas it is provided by Article III of the Treaty of Amity and Commerce concluded September 21st 1833, between the United States of America and His Highness the Sultan of Muscat, which treaty was accepted by His Highness the Sultan of Zanzibar after the separation of that state from the jurisdiction of Muscat, that vessels of the United States entering any ports of the Sultan's dominions shall pay no more than five per centum duties on the cargo landed; and this shall be in full consideration of all import and export duties, tonnage, license to trade, pilotage, anchorage, or any other charge whatever;
And whereas no provision is made in the above mentioned treaty nor in any subsequent agreement for the payment of light and harbor dues in the dominions of His Highness the Sultan;
And whereas the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, acting in the name of His Highness the Sultan of Zanzibar are desirous, in the interest of commerce, of so amending the said Article III of the said Treaty of Amity and Commerce of September 21st 1833, as to permit the imposition of light dues at the rate of one anna upon every registered ton, with an added harbor due of one anna upon every registered ton, on vessels of the United States entering the ports in the islands of Zanzibar and Pemba;
Now, therefore, the High Contracting Parties have to that end resolved to conclude a convention, and have for this purpose appointed their plenipotentiaries, to wit:
The President of the United States of America, John Hay, Secretary of State of the United States; and
His Britannic Majesty The Right Honorable Sir Michael II. Herbert, G.C.M.G., C.B., His Majesty's Ambassador Extraordinary and Plen- · ipotentiary;
Who, having exhibited each to the other their respective full powers which were found to be in due and proper form, have agreed upon the following articles:
It is understood and agreed between the High Contracting Parties that nothing contained in said Article III of the said Convention of September 21st 1833, shall be construed as preventing the imposition on and collection from vessels of the United States entering any port in the islands of Zanzibar and Pemba of a light due of one anna per registered ton and an added harbor due of one anna per registered ton, His Britannic Majesty, acting in the name of His Highness the Sultan of Zanzibar, engaging that the light and harbor dues so imposed and collected shall be applied to the construction and maintenance of lighthouses and buoys for the proper lighting of the coasts of the said islands.
It is further understood and agreed between the High Contracting Parties that the consent of the United States to the imposition and
collection of the light and harbor dues aforesaid is given on the conditions:
1. That really adequate lighthouses are provided and maintained; also that lights shall be placed upon the buoys when required by American vessels entering or leaving the harbor of Zanzibar at night.
2. That accounts of the receipts and expenditure of the dues are carefully kept and published.
3. That provision be made for the reduction of the dues if they should hereafter become disproportionate to the expenditure.
4. That the consent of all the other Powers having treaties with Zanzibar be given to the imposition of the said light and harbor dues on their vessels, and that vessels of the United States be subject to no differential treatment.
The present convention shall be ratified by the Presivent of the United States of America, by and with the advice and consent of the Senate thereof, and by his Britannic Majesty, and the ratifications shall be exchanged in the City of Washington as soon as practicable.
In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals. .
Done at the City of Washington, this fifth day of June, in the year one thousand nine hundred and three.
[SEAL.] MICHAEL H. HERBERT (SEAL.
And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the 24th day of December, one thousand nine hundred and three;
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the City of Washington, this twenty-fourth day of [SEAL.] December, in the year of our Lord one thousand nine hundred
and three, and of the Independence of the United States the one hundred and twenty-eighth.
THEODORE ROOSEVELT By the President: FRANCIS B. LOOMIS,
Acting Secretary of State.
CONVENTION BETWEEN THE UNITED STATES AND GREECE DEFINING THE RIGHTS, PRIVILEGES, AND IMMUNITIES OF CONSULAR OFFICERS IN THE TWO COUNTRIES.
November 19, 1902.
June 25, 1903.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas a Corvention between the United States of America and His Majesty the King of the Hellenes, defining the rights, privileges, and immunities of consular officers in the two countries, was concluded and signed by their respective Plenipotentiaries at Athens, on the 19th November, 2nd day of December, one i
? one thousand nine hundred and two, the original of which Convention, being in the English and Greek languages is, as amended by the Senate of the United States, word for word as follows:
CONVENTION CONCERNING THE RIGHTS AND PRIVILEGES OF CONSULS.
The President of the United States of America and His Majesty the King of the Hellenes, being mutually desirous of defining the rights, privileges and immunities of consular offices in the two Countries, deem it expedient to conclude a consular convention for that purpose, and have accordingly named as their Plenipotentiaries:
The President of the United States of America, Charles S. Francis, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Hellenes.
His Majesty the King of the Hellenes, Alexander Th. Zaïmis, Commander of the Royal Order of the Saviour, etc., President of His Council, His Minister for Foreign Affairs,
Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed upon the following articles:
Each of the high contracting parties agrees to receive from the other, 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.
ARTICLE II. The consuls-general, consuls, vice-consuls and consular agents of the two high contracting parties shall enjoy reciprocally, in the states of the other, all the privileges, exemptions and immunities that are enjoyed by officers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The government of each of the two high contracting powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument, they shall be permitted to enjoy the rights, privileges and immunities granted by this convention.
Consuls-General, consuls, vice-consuls and consular agents, citizens of the State by which they are appointed, shall be exempt from preliminary arrest, except in the case of offences which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military billetings, from service in the regular army or navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, state or municipal, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to consulsgeneral, consuls, vice-consuls or consular agents engaged in any profession, business or trade; but said officers shall in such case be subject to the payment of the same taxes as would be paid by any other foreigner under the like circumstances.
When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul-general, consul, viceconsul or consular agent, who is a citizen of the State which appointed him and who is engaged in no commercial business, it shall request him, in writing, to appear before it; and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally.
It shall be the duty of such officer to comply with this request with as little delay as possible.
In all criminal cases 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.
It shall be the duty of said consular officer to comply with this request, without any delay which can be avoided. Nothing in the foregoing part of this article, however, shall be construed to conflict with the provisions of the sixth article of the amendments to the Constitution of the United States, or with like provisions in the constitu
tions of the several States, whereby the right is secured to persons charged with crime, to obtain witnesses in their favor, and to be confronted with the witnesses against them.
Consuls-general, consuls, vice-consuls and consular agents may place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Greece.
They may also raise the flag of their country on their offices. They may in like manner, raise the flag of their country over the boat employed by them in the port for the exercise of their functions.
The consular offices shall at all times be inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. 'In no case shall those offices be used as places of asylum. When a consular officer is engaged in other business the papers relating to the consulate shall be kept separate.
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 previouly been made known to the Department of State at Washington or to the Ministry of Foreign Affairs in Greece, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives and immunities granted to the incumbents.
Consuls-general and consuls may, so far as the laws of their country allow, with the approbation of their respective governments, appoint vice-consuls and consular agents in the cities, ports and places within their consular jurisdiction.
These agents may be selected from among citizens of the United States or of Greece, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consular officers in this convention, subject to the exceptions specified in articles 3 and 4.
Consuls-general, consuls, vice-consuls and consular agents shall have the right to address the administrative and judicial authorities, whether in the United States of the Union, the States or the municipalities, or in Greece, of the State, throughout the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Greece, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfactorily redressed, the consular