Newspapers / The Era (Raleigh, N.C.) / Oct. 29, 1874, edition 1 / Page 1
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THE ERA. t : . , i. A REPUBLICAN WEEKLY NEWS PAPER THE CENTRAL ORGAN OF THE PARTY. PUBLISHED EVERY THURSDAY, 1, AT TWO DOLLARS A-YEAR, IN ADVANCE. W. 31. HKOWX, Manager. jpSrJon Work executed at $hort no tfee and in a style unsurpassed by any similar establishment in the State. Office in the old "Standard" Ruild inp, one siuare South of the Court Hoase, Fayetteville Street. RATES OF ADVERTISING : RATES OF SUBSCRIPTION: One square, one time, 1 (10 1 M 2 CO One year, -Six month, -Three months, - 52 00 - 1 00 50 44 two times, three times, - u VOL. IV. RALEIGH, K. C, THURSDAY, OCTOBER 29, 1874; j f XO. 19. Contract advertisements taken at SHOT IlC VARIABLY IN AD VANCE. proportionately low rates. THE ERA. Ifst THE ERA. THURSDAY, OCTOBER 20, 1871. OFFICIAL L U OF THE V.XITCD STATES, PASSED AT THE FIRST SES SION OF THE FORTY-THIRD COMJRKSS. Treat v lietwecn the United States of America and the Republic of Salvador. Amity, commerce, and consular privileges. Concluded December G, 1870: Ratification advised, by Senate March 31, 3371: Ratified I iv President April 11, isTi r ltiitififd hv President of s i! vmlnr Wrher2tf. 187.1 : Timn for exchange of ratihcations ex tend May 12, 1873 ; Ratifica tions vAi-hanged at Washington, March 11, 1874 ; Proclaimed .March 13, 1871. .Uv the President of (he United States of America. A PROCLAMATION. Whereas a general treaty of ami- tv, commerce, and consular privil- eg s ueiwecii me uniieu mates 01 America and the Republic of Sal- vador was concluded and signed by thcir respective Plenipotentiaries at San Salvador on the sixth day of iHtviiiiK-r, one thousand eight hun- dred ami seventy, the original oi which Spanish languages, is word for word as follows: A general treary oi amity, com merce, and consular privilegs between the united states of America and the Republic of i-'a - vador. The United States of America and the Republic of Salvador, de siring to make lasting and lirm tiie friendshipand good understand ing which lumpily exist between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed be tween each other by means of a treaty or general convention of peace anil friendship, commerce and consular privileges. J-'or this. iiei ruble object tlje Pres ident of the United Statesof Ameri ca has conferred full powers upon General Alfred T. A. Torbert, Min ister Resident, and the President of the Republic of Salvador has col ;'! ,! d similar and equal powers jm on Jioi'tor Jon (Jregorio Arbizu, Minister of Foreign Relations; who, arter having exchanged their raid full lowers in due form, have greed to the following articles : Article 1st. There shall be a perfect, lirm, and inviolable jeaee and sincere friend ship between the United States of America and the Republic of Sal vador, in all the extent of their possession and territories, and be tween their citizens, respectively, w ithout distinction of persons and places. Article 2nd. The United States of America and the Republic of Salvador, desiring to live in iKiice and harmony with all the ;:;iiions of the earth, by means of a policy frank and equal- !e friemllv with nil. nntwcfl miltu- ullv not to grant any particular J ..... -3 - - rr favor to other nations, in respect of commerce ana navio-ation. wnicn shall not immediately become com mon to the other party, who shall enjoy the same freely if the conces sion was freely made, or on allow ing the i-ame compensation if the emctfsion wa conditional. ' ' I Article 3rd. The two high contracting parties, being likewise desirous of placing the commene and navigation of their rtsnc:ie countries on the liberal hufis of perfect equality and pfiprociiy, mutually agree that the citizens of each may frequent all the coasts and countries of the oth er, and reside therein, and shall have the power to purchase and hold lands, and all kinds of real estate, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with tho na tive citzens, and shall enjoy all the privileges and concessions in these matters wrich are or may be made to the citizens of any country, and hall enjoy all the rights, privileges, and exemptions in navigation, com merce, and manufactures which na tive citizens do or shall enjoy, sub mitting themselves to the laws, decrees, or usages there established to which native citizens are subject ed. Rut it is understood that this article does not include the coasting trade of either country, the regula tion of which is reserved by the parties respectively, according to their own separate laws. Article 4tii. They likewise agree that what ever kind of produce, manufacture, or merchandise of any foreign cjuutry can be from time to time lawfully imported into tho United State in their own vessel, may be also imported in vessels of the Re public of Salvador; and that no higher or other duties upon the ton nage of the vessel and her cargo shall be levied and collected, wheth er the importation be made in ves sels of the one country or of the ther; and in like manner that whatever kind of produce, manu factures, or merchandise of any for eign country can be from time to time lawfully imported into the Republic of Salvador in its own vessels, may be also imported in vessels of the United States : and and that no higher or other duties upon the tonnage of tho vessel and nr cargo shall be IpvImI nriwfwl. whether the importation be made in - or the one country or the ' ; further agree that whatever may be lawfully exported or re-exi)orted fro'n one country in its own vessels to any foreign coun try may, in like manner, be export- ed or re-exported in the vessels of the other country ; and the same bounties, duties, and drawbacks shall be allowed and collected whether such exportation or ; re exportation be made in vessels of the United States of the Republic of Salvador. Article otii. No higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufactures of the Re public of Salvador; and no higher or other duties shall be imposed on the importation into the Rupubhc of Salvador of any articles the pro duce or manufactures of the United States than are, or shall be, payable on the like articles, being the pro duce or manufactures of any foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the united States, or to tne itenubiic 01 Salavor, respectively, than such as are navable on the exportation of tho like articles to any other foreign country; nor snail any proniomon be imposed on the exportation or importation of any articles the pro- duce or manufactures of the United States, or of the Republic of Salva- dor, to or from the territories of the United States, or to or from the ter ritories of the Republic of Salvador, which shall not equally extend to all other nations. Article Gtii. In order to prevent the possibil ity of anv misunderstanding.it is liereby declared that thestipulations contained in the tlireo preceding articles are, to tl.e'.r full extent, ap plicable to tin vessels of the United States, and their cargoes, arriving in the ports of Salvador, and re ciprocally to the vessels of the said Republic of Salvador, and their cargoes, arriving in the ports of the United States, whether they pro ceed from the ports of the country to which they respectively belong or from the ports of any other for eign country ; and, in either case, no discriminating duty shall oe imposed or collected in tho ports of either country on said vessels, or their cargoes, whether the same shall be of native or foreign pro duce or manufacture. Article 7tii. It is likewise agreed that it shall bo wholly free for all merchants, commanders of ships, arid other citizens oj ooui cuuines, io man age, by themselves or agents, their own business, in all the ports and place subject to the jurisdiction of each other, as well with respect to the consignments and sale of their goods and merchandise, by whole sale or retail, as with respect to the loading, unloading, and sending oil' their fchips: they being in all these cases to be treated as pitizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favored nation. Article Stii. The citizens of neither of the con tracting parties shall be liable to any embargo, nor "8 eieiauieq wun " . i. l . J ? I . their vessels, cargoes, mercnancie, or cuwib. ur ".y mi... w.Fvvi- lion, nor ior any uuuuc ur I'livuiu A AY . . n. n. Mi purpose whatever, without allowing to those iniercstea an li unauie aim sullicient indemnihcation. Article Otii. Whenever the citizens of cither of the contracting parties shall be foreed to seek refuge or asylum in the rivers, bays, iorts, or dominions of the other with their vessels, whether merchant or war, public or piivate, through stnss of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and troattd with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without ob stacle or hindrance of any kind. Article lorn. All the ships, merchandise, and effects belonging to the citizens of one of the contracting parties which may be captured by pirates, wheth er within the limits of its jurisdic tion or on tiie high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, -shall be delivered up to the owners, they proviug in due and proper form their rights before the competent tribunals; it being well understood that the claim shall be made w ithin the term of one year by the parties themselves, their at torneys, or agents, of their respect ive governments. Article 11th. When any vessels belonging lo the citizens of either of the con tracting parties shall be wrecked or foundered, or shall suffer any dam age on the coasts or within the do minions of the other, there shall be given to them all assistance and protection, in tho same manner which is usual and customary with the vessels of the nation where the damage happens; permitting them to unload, the &aid .vessel, if neces sary, of its merchandise aiid effects, without exacting -tor it any duty, impost, or contribution whatever; unless they mhy bo J destined for consumption or sale in the country of. the port: where i they may have been disembarked. , . ) Article 12tii; yy The citizens of each of the con tracting parties shall have power to dispose of their personal goods or real estate within the jurisdiction of the other, by sale, donation, tes- tament, or otherwise; and their representatives, being citizens of the other party, shall succeed to their said personal goods or real es tate, whether by testament or ab in testato; and they may take posses sion thereof, either by themselvesor others acting for them, and dispose of the same at their will, paving such dues only as the inhabitants of the country wherein said goods are shall be subject to pay in like cases. Article 13tii. Both contracting parlies promise and engage formally to give their special protection for the persons and property of the citizens of each other, of all occupations, who may be in tho territories subject to the jurisdiction of one cr the other, transient cr dwelling therein, leav ing open and free to them the tri bunals of justice for their judicial recourse, on trie game terms which are uuai ana customary with tne j natives or citizens of the country for which purpose they may either appear in proper person, or employ I in the prosecution or delence ot their rights cuch advocates, solicitors, no taries, agents, and factors as they may judge proper, in all their trial's at law ; and such citizens or agents shall have free opportunity to be present at the decisions or sentences of the tribunals in all casts which may concern them, and shall enjoy in such cases all the rights and priv ileges accorded to the native citizn. Article 14th. The citizens of the United States residing in the territories of the Republic of Salvador shall enjoy the most perfect and entire security of conscience, without being annoyed, prevented, or disturbed in the prop er exercise of their religion in pri vate houses, or in the chapels or places of worship appointed for that purpose, provided that in so doing they observe the decorum due to divine worship and the respect due to the laws, usages, and customs of the country. .Liberty shall also be granted to bury the citizens of the United States who may die in the territories of the Republic of Salvador, in convenient and ade quate places to be appointed and established for that purpose, with I the knowledgf j f the local authori ties, or in sucn other places oi sepul ture as may be chosen by the friends of the deceased ; nor shall the fune rals or sepulchres of the dead be disturbed in any wise nor upon any account. In like manner, the citi zens of Salvador shall enjoy within the Government and territories of the United States.a; perfect ancj .un restrained liberty of qorisoienoe, and of exercising their religion, publicly or privately, within their own dwelling-houses, or in the chapels and places of worship appointed for that purpose, agreeably to the laws, usages, and customs of the United States. Article 15th. It shall be lawful Yor the citizens of the United States of America and of the Republic of Salvador to sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandise laden thereon, from any port to the places of those who now are or shall be at enmity with either of the contracting p4r ties. It shall JiUcwisa.be lawful for the citizens aforesaid to sail with the ships and merchandise before men tioned, and to trade with the same liberty and security from the places, ports, and havens of those who are the enemies of both or either party, without any opposition or disturb ance whatsoever, not only from, the places oi me enemy oeioro men tioned to neutral places, but also from one place belonging to an en emy, whether they be under the ju risdiction of one power or unuer several. And it is hereby stipu lated that free ships shall also give freedom to goods, and that every thing which jahall be toundon board the ships belonging to the citizens of either of the contracting parties shall be deemed to be free and ex empt, although the whole lading, or apy part thereof, should apper tain to the enemies of either, (con traband goods being always ex cepted.) It is also agreed, in like manner, that the same liberty shall be ex tended to persons who are on board a free ship, with this effect : that, although they be enemies to both or either party, they are not to be taken out or that Jree ship, unless they are officers and soldiers and in theactual eervice of the enemies; provided, however, and it is hereby agreed, that thestipulations in this article contained, declaring that the flag shall cover the property, shall be understood U3 applying to. those powers only who recognize this principle; but if either -of the two contracting parties shall bo at war with a third, and the other remains neutral, tho Hag of the neutral shall cover the property of enemies whose governments acknowledge this pri n cipie. and not of others. Article IUtii. It is likewise agreed that in the ease, where the neutral flag of one of the contracting parties shall pro tect the property of one of the ene lines of the other by virtue of the above stipulation, it shall always be understood that the neutral prop erty found on board such enemy's vessels shall be held and considered as enemy's property, and as such shall be liable to detention and con fiscation, except such property as was put on board such vessel before the declaration of war, or even af terwards if it were done without the knowledge of it; but the contracting parties, agree that, two months hay ing elapsed "after the declaration, of war, their cilizens shall not plead ignorance thereof. On the contrary, if the flag of the neutral does not protect the enemy's property, in that case thegoods and merchandise of the neutral embarked on such enemy's ships shall be free. Article 17th. This liberty of navigation and commerce shall extend to all kinds of merchandise, excepting those only which are distinguished by the name of contraband ; and under this name of contraband or prohib ited goods shall be comprehended : 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, rifles, carbines, pistols, pikes, svvoras, sabres,. Jances, spears, hal berts, hand grenades, bombs, pow der, matches, balls, and all other things belonging to the use of these arms. 2nd. Bucklers, helmets, breast plates, coats of mail, infantry belts and clothes made up in the form and for the military use. 3rd. Cavalry belts and horses, with their iurniture. 4th. And generally all kinds of arms, and instruments of iron, steel brass, and copper, or of any other materials manufactured, prepared, and formed expressly to make war by sea or land. otii. Provisions that are import- eu into a oesiegeu or Dlockaded place. Article 18th. All other merchandise and thing- not comprehended in the articles of contraband explicitly enumerated and classified as above shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transport- eu in tne ireest manner ny the citi zens of both the contracting parties, even to places belonging to an ene my, excepting those places only which are, at that time, besieged or blockaded ; and to avoid all doubt in this particular, it is declared that those places only are besieged or blockaded which are actually at tacked by a belligerent force capa ble of preventing the entry of neu tral. Article 19tii. The articles of contraband before enumerated and classified which may be found in a vessel bound for an enemy's port shall be subject to detention and confiscation, and leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two na tions shall be detained on the high seas on account of having on board articles of contraband, whenever the master, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great and of so large a bulk , that they cannot be received on board the capturing ship without great inconveuience ; but in this and in all other cases of just deten tion, the vessel detained shall be sent to the nearest convenient and safe port for trial and judgment ac cording to law. Article 20th. And whereas it frequently hap pens that vessels sail for a port or place belonging to an enemy without knowing that the same is besieged or blockaded or invested, it i; agreed that every vessel so circumstanced may be turned away from such port or place, but shall not be detained ; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from the commanding officer of the blockading forces, she shall again attempt to -enter; hut she shall be permitted to go to any other port or place she shall think proper. aSor shall any vessel that may have en tered into such port before the same was actually besieged, blockaded, or invested by the other, be res trained from quitting that place With her cargo; nor, if found there in after the reduction and surren der, shall such vessel or her cargo be liable to confiscation, but they shall be restored to the owners thereof. Article 21st. In order to prevent'' all kind of disorder in the visiting and exam ination of the ships and cargoes of both the contracting parties on tiie high seas, they have agreed mutu ally that whenever a national ves sel of war, public or private, shall meet with a, neutral of the other contracting party, the first shall re- main out oi cannon-snoi, umess m stress of weather, and may send its i boat, with two or three men only, ii i en fin v. ! in order to execute the said exam ination of the papers concerning the ownership and cargo, without caus ing the least extortion, violence, or ill-treatment, for which the com manders of said armed ships shall be responsible with their persons and property ; for which purpose the commanders of private armed vessels shall, before ieeiving their com missi ons, gi ve su Bicicn t secu ri j y to answer for ail the damage they may commit. And it is expre&sly agreed that the neutral party shall In no case be required to go on board the examining vessel for the purpose of exhibiting her papers, or for any other purpose whatever. Article 22nd. To avoid all kinds of vexation and abuse in the examination of the papers relating to the owner ship of the vessels belonging to the citizens of the two contracting par ties, they have agreed, and do here by agree, that in - case one of them should be engaged in war, the ships and vessels belonging to the citi zens of the other must be furnished wit V sea-letters or passports express ing the name, property, and bulk of the ship, as also the name and place of. habitation of the master and C)inmander of the said vessel, in order that it may thereby appear that the ship really and truly be- longs to the citizens of one of the parties. They have likewise agreed that when such ships have a cargo, they shall also be provided, besides the said sea-letters or passports, with certificates containing the sev- eral particulars of the cargo and the place whence the ship sailed, so may ue situated, there shall be ac that it may be known whether any corded to thasaid heir or other suc forbiddeu or contraband goods are cessor such time as the laws of the on board the same, which certifi- state will permit to sell such prop cat es shall be made out by the ofli- erty. lie shall be at liberty, at all cers of the place whence the ship times, to withdraw and export the sailed, in the accustomed form ; proceeds thereof without difficulty, without which requisit s said ves- and without paying to the govern sel may be detained to be adjudged incut any other charges than those by the competent tribunal, and ma3T be declared lawful prize, unless the said defect shall be proved to be owing to accident, and shall be sat- istied or supplied by testimony eu- tirely equivalent. Article 23rd. It is further agreed that the slip illations above expressed, relative to the visiting and examination of vessels, shall apply only to those which sail without convoy ; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the nation whose flag he carries, and, when they may be bound to an en emy's port, that they have no con traband goods on board, shall be sufficient. ARTICLE: 24TH. It is further agreed that in all cases the established courts ot prize causes in the country to which the prizes mav be conducted shall alone take cognizance of them. And whenever such tribunals of either party shall pronounce judgment against any vessel or goods or pro perty claimed by tne citizens ol the other party, the sentence or decree shall mention the reasons or mo tives upon which the same shall have been founded ; and an authen ticated copy of the sentence or de- cree, and oi all the proceedings in the case, shall, if demanded, be de livered to the commander or agent of said vessel withoutany delay, he paying the legal lees for the same. Article 2oth. For the purpose of. lessening the evils of war, the two high contract ing parties further agree that, in 1 11 case a war snouid uniortunateiy take place between them, hostilities shall only be carried on by persons duly commissioned by the govern- nent, and by those under their or ders, except in repelling an attack orinvasion, and in the defence of property. Article 2Gth. Whenever one of the contracting parties shall be engaged in a war with another states no citizens of the other contracting party shall accept a " Commission or letter of marque for the purpose of assisting or co-operating nostneiy with tne said enemy against the said parties so at war, under the pain of being treated as a pirate. . t : Article 27tii. i - ; For the better security of com merce between the citizens of the United States and the citizens' of Salvador, it is agreed that if, at any time, any interruption of friendly intercourse, or any rupture, should unfortunately take place between the two high contracting parties, the citizens of either, who may be within the territories of the other, shall, if residing on the coast, be allowed six months, and if in the interior, a whole year, to wind up their accounts and dispose of their property ; and a safe-conduct shall be given to them to embark at any port they themselves may select. ISven in ease of rupture, all such citizens of either of th) high con tracting parties, who are estab lished in any of the territories of the other in trade or other employ ment, shall have the privilege, of remaining and or continuing uuen trade or employment, without any manner of interruption, in lull en joyment of liberty and prosperity, so long as they behave peacefully and CQinniit no offence against the jaws; and their goods and eflects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the state, shall not be liable to seizure or sequestration, nor to any other charges or demands than those which mav be made upon the like r nrnnnrtv. iwl,,ncrin,r tn the of the itamtrv in . -, " which such citizens may resiue. in the same case, debts between indi viduals, property in public funds, and shares of companies and prop erty of whatever description, shall never be confiscated nor detained nor sequestered. Article 2Sth. In whatever relates to the police of the ports, the lading and unlading of ships, the safety oi merchandise, goods, and effects, the succession to personal estates by will; or other wise, and the- disposal of pe.sonal property of every sort and denomi nation by sale,j donation, exchange, testament, orj any other manner whatsoever, as; also tho administra tion of justice; ' the citizens of the two high contracting parties shall reciprocally, enjoy the same privi leges, liberties, and rights as native citizens; and ? they shall not be charged in any of these respects with any higher imposts or duties than those which are or may be paid by native cilizens, submitting, of course, to the local laws and reg ulations of each country respect ively. The foregoing provisions shall be applicable to real estate situated within the States of the American Union, or within the Republic of Salvador, in wl i.h foreigners shall be entitled to hold or inherit real estate ; but in case real estate situ- ated within the territories of one of the contracting parties should fall to a citizen of tho other party, who, on account of his being an alien, could not be permitted to hold such property in the state in which it which would be paid by an inhab itant of the country in which the real estate may be situated. If any citizen of the two high contracting parties shall die with- out a will or testament in any of the territories of the other, the minister or consul of the nation to which the deceased belonged, " (or the representative of such minister or consul, in case of absence,) shall have the right to nominate Curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and cred itors of the deceased, giving proper notice of iuch nomination to the authorities of the country. Article 29th. 1st. The citizens of tho United States residing in Salvador, or the citizens of Salvador residing in the United States, may intermarry with the natives of the country, hold and posses, by purchase, marriage, or descent, any estate, real or personal, without thereby changing their na tional character, subject to the law: which now exist or may be enacted in this respect. 2nd. When the citizens of the United States residing in Salvador, or the citizens of Salvador residing in the United States, marrv natives of the country according to the laws, such marriage shall be c msidered legal in the other country. Jird. The citizens of the United States residents in the Republic of Salvador, and the citizens of Salva dor residents in the United States, shall be exempted from all forced or compulsory military service what soever, by land or sea, from all con tributions of war, military exac tions, forced loans in time of war; but they shall be obliged, in the same manner as citizens of each na tion, to pay lawful taxes, municipal and other modes of imposts and or dinary charges, loans, and contribu tions in time of peace, (as the citi zens of the country are liable,) in just proportion to the property owned. . 4th. Nor shall the property of either of any kind be taken for any public object without full and just compensation, to be paid in ad vance : and 5th. The citizens of the two high ntracting ' parties shall have the unlimited right to go to any part of the territories of the other, and in all cases enjoy the same security as the natives of the country where they, ree-ide, with the condition that they duly observe the laws and or dinances.." Article 30th. Both the contracting parties, be ing desirous of avoiding all inequal ity in relation to their public com munications and official interc3urse, have agreed, and do agree, to grant to the envoys, ministers, and other public agents, the sune fit vors, im munities, and exemptions 'which those of the most- favored nations do or shall enjoy ; it being under stood that whatever favors, immu nities, or privileges the United States of America or the Republic of Salvador may find it proper to give to tho ministers and public agents of any other "power shall, by the same act, be extended to those of each of the contracting parties. Article 01st. Each of the two contracting re publics may maintain in the princi pal cities or commercial places of the other, and in the ports open to foreign commerce, consuls of its own, charged with the protection of the commercial rights and interests of their nation, and to sustain their countrymen in the difficulties to which they may be exposed. They may likewise appoint consuls-general, as chiefs over the other consuls, or to attend to trreflairs of several commercial places at thesame time, and vice-consuls for ports of minor importance, or to act under the di rection of the consuls. Each repub lic may, however, except those cit ies, placed, or ports, in which it may consider the residence of such func tionary s inconvenient, such excep tion being common to all nations. All that is said in this treaty of con suls itcgeneral shall be considered as relating not only to consuls, prop- I .. '' . ! I . 1 I La. I . I eiiy so caueu, uut toconsuis-generai and vice consuls in all the taes to which this treaty refers. V Article 32nd. The consuls appointed by one of the contracting parlies to reside in the ports or places, of the other shall present to the government of the republic in which they are to reside their letters-patent, or commission, in order that they may receive the proper exequatur, if it be deemed expedient to give it, which shall be granted without any charge; and this exequatur, when obtained, is to be exhibited to the chief authori ties of the place iu which theconsul is to exercise his functions, in order that they may cause him to be re-,1 cognized in his character, and that he nisiiy be sustained in his proper prerogative in his respective con sular district. The government re ceiving the consul may withdraw the exequatur, or his consular com - i mission, whenever It may judge proper to do so, but in such case shall state a reasonable ground for the proceeding. j Article ainn. j The consuls admitted In either re public may exercise In their! respect ive districts the following functions: 1st. They may apply directly to tho authorities of the district in which they reside, and they may, in case of necessity, have; recourse to the national government through tho diplomatic agent of their nation, if there be any, or directly ;Jf there be no such agent, in complaint against any infraction of tho treat ies of commerce committed bv the. authorities or perrons employed by them in tho country, to the injury of the commerce of tho nation in whose service the consul Is engaged. 2nd. They may apply trt the au thorities of tho consular district, and, in ease of necessity, tliey may have recourse to the national gov ernment through tho diplomatic agent of their nation, if thero be any, or directly if thero bojno such agent, against any abuse on! the part of the authorities of the ' coun try, or the persons employed by them, against individuals pf their nation in whoso service the consul is engaged; and they may, when necessary, take such measures as may be proper to prevent Justice from being denied to them or de layed, and to prevent them from being judged or punished by any other than competent judges, and agreeably to the laws in force. 3rd. They may, as the natural de fenders of their fellow-countrymen, appear in their name andj behalf, w henever so requested by them, be fore the respective authorities of the place, in all cases in which their support may be necessary, j 4th. They may accompany the captains, mates, or master of ves sels of their nation in all that they may have to do with regard to tho maniftsts of their merchandise and other documents, and bo present in all cases in which tho authorities,' courts, or-judges, 0L ne ""try may haveko take any declarations from the persons above mentioned, or any other belonging to their re spective crews. ; oth. They shall have the right, in the ports or places to which they are or may be severally appointed, of iccjiv.ng tho protests .or declara tions which such captains, masters, crows, passengers, and merchants as are citizens of their country may respectively choose to makb there ; unci also such as any foreigners may choose to make before them relative to the personal interests of any of their citizsns ; and the copies of said acts, duly authenticated by tho said consuls under the seal of their con sulates respectively, shall receive faith in law, as if they had been au thenticated before the judge's or courts of the respective countries. Gth. They may determine on all matters relating to injuries sustain ed at sea by effects and merchan dise shipped in vessels of tho nation in whose service the consul is em ployed arriving at the pIat;eofhis rasidence, provided that there be no stipulations to the contrary bet wet u the shippers, owners, and insurers. -liut if, among the persons interested in such losses , and injuries, thero should be inhabitants of the coun try where the consul resides, and belonging to ; the nation in who.e service he is, the cognizance of such losses and injuriej appertains to tho local authorities. i 7th. They may compromise ami cably, and out of court, the differ ences arising between their fel low countrymen; providing that those persons agree voluntarily to submit to such arbitration ; in which case the document containing the decis ion of the consul, authenticated by himself and his chancellor pr secre tary, shall have all the force of a notarial copy authenticated, so as to render it obligatory on the inter ested parties. . " 8th. They may cause proper order to bo maintained on board of ves sels of their nation, and may flecido on tho disputes arising between the captains, the officers, and tle mem bers of the crew, unless , the- disor ders taking place on boartl should disturb th public, tranquility, or, persons not belonging to tjio crew or to the nation in whose service the consul is employed, in which case the local authorities may interfere.. Oth. They may direct all the op erations for saving vessels of their nation which may bo wrecked on the coast of the district wFicro the consul resides. In such, dise! the local authorities shall interfere only in order to maintain tranquillity, to give security to the interests of tho parties concerned, and to cause tho . dispositions which should bo ob served for the entry and eiport; of the property to be fulfllfodj "In tho absence of the consul,' and until his arrival, the said uuthoritjes shall take all the measures' necessary for the preser vation of the effects of tho wrecked vessel. - i 10th. They shall take possession of the personal or real estate left by any of their citizens who shall tiie within their consulate, leaving no legal representative or trjustec by him appointed to take charge of his effects; they shall inventory the same with the aasistacci of two merchants, citizens of the njspectivo .countries, or for want oft them of. any others whom tho consuls may. choose ; shall caused ncJtiejo of the death to be published in some news paper of the country whtjre they reside; shall collect the debts duu to tho deceased in the-, .country!' where he died, and pay t(ie debts due from his estate which ho -shall have contracted ; shall sell at aus-t tion, after reasonable public notice, such of the estate as shall be of a perishable nature, and such further
The Era (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 29, 1874, edition 1
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