the Argentine Confederation, Austria-Hungary, Bolivia, Colombia, Costa Rica, the Dominican Republic, Denmark, Ecuador, France, Germany, Hawaiian Islands, Hayti, Honduras, Italy, Madagascar, Morocco, Mexico, Nicaragua, Netherlands (and colonies), Orange Free State, Paraguay, Persia, Peru, Portugal, Prussia, Russia, San Salvador, Spain, Swiss Confederation, and Tripoli. The Department must necessarily trust to the discretion of the Consul on the one hand not to permit his rights to be invaded without protest, nor on the other hand to claim what he cannot maintain. If the rights thus secured by treaty are in any case invaded or violated, the Consul will at once complain to the local authorities, to the Department, and to his immediate superior. These complaints should set forth in full all the facts showing the invasion or violation.

INVIOLABILITY OF THE ARCHIVES AND PAPERS OF THE CON-
SULATE.

84..This is secured by treaties with Austria-Hungary, the Argentine Confederation, Bolivia, Belgium, Colombia, Denmark, Dominican Republic, Ecuador, France, Germany, Greece, Hayti, Mexico, The Netherlands (and colonies), Orange Free State, Peru, Portugal, Salvador, Sweden and Norway, Switzerland, Muscat, and New Grenada.

INVIOLABILITY OF THE CONSULAR OFFICE AND DWELLING.

85.. This is secured by treaties with Belgium, Bolivia, France, Germany (of Consuls not citizens), Italy, Muscat, and Salvador; but the dwelling cannot be used as an asylum. It is agreed with Colombia that the persons and dwellings of Consuls are to be subject to the laws of the country except as specially exempted by treaty. The Consulates in Germany are not to be made asylums for the subjects of other powers.

EXEMPTION FROM ARREST.

Favored nation clause.

Inviolability of

archives.

Inviolability of office and dwelling.

arrest.

86.. By convention with Belgium, Germany, Netherlands, Exemption from and Italy, the Consul is exempted from arrest, except for crimes. By treaty with Turkey he is entitled to suitable distinction and necessary aid and protection. In Muscat he

Exemption as

witnesses.

enjoys the inviolability of a diplomatic officer. In AustriaHungary and France he is to enjoy personal immunities; but in France, if a citzen of France, or owning property there, or engaged in commerce, he can claim only the immunities granted to other citizens of the country who own property, or to merchants. In Austria-Hungary, if engaging in business, he can be detained only for commercial debts. In Colombia the Consuls of the United States have no diplomatic character. In Great Britain, Liberia, Netherlands (as to colonies), Nicaragua, and Paraguay, they are regarded as appointed for the protection of trade.

Exemption from taxation.

EXEMPTION FROM OBLIGATION TO APPEAR AS A WITNESS.

87.. This is secured absolutely by convention with France; and, except for defense of persons charged with crime, by conventions with Austria-Hungary, Belgium, Italy, and Salvador. In such case the testimony may be taken in writing at his dwelling. If the Consul claims this privilege, he should, in such case, offer to give his evidence in the mode prescribed by the particular convention, and should throw no impediment in the way of the proper administration of justice in the country of his official residence.

EXEMPTION FROM TAXATION.

88.. When the Consul is not a citizen of the country in which the Consulate is situated, and does not own real estate therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions with Austria-Hungary, Belgium, Bolivia, Denmark, Ecuador, France, Germany, Hayti, Italy, the Netherlands (and colonies), Peru, Salvador, Colombia, and Mexico; and in Germany the official income of a Consul is not taxable; but in the Dominican Republic, the Orange Free State, Persia, Portugal, the Hawaiian Islands, Russia, and Switzerland, if they engage in business they are subject to the laws of the country. And, in general, if a Consular Officer engages in business or owns property in the country of his official residence, he cannot claim other exemptions in respect of such business or property than are accorded to citizens or subjects of the country.

EXEMPTION FROM MILITARY BILLETINGS OR SERVICE AND
PUBLIC SERVICE.

89..If not citizens of the country of their Consular residence or domiciled at the time of the appointment in it, the exemption from military billetings or service is secured by conventions with Austria-Hungary, Belgium, France, Germany, Netherlands, and Italy; and the exemption from all public service is secured by treaties with Denmark, Germany, Peru, San Salvador, Colombia (New Granada), and Mexico. In Colombia, the exemption also extends to officers, secretaries, and attachés.

INFRACTION OF TREATIES.

90..The right in such case to correspond with the local authorities is secured by conventions with Austria-Hungary, Belgium, Colombia, France, Germany, Italy, Netherlands (and colonies), and Salvador; and in case the local authorities fail to give redress, and there be no Diplomatic Representative, they may apply to the Government.

THE USE OF THE NATIONAL ARMS AND FLAGS ON OFFICES

From military services, &c.

On infraction

treaty.

AND DWELLINGS.

arms.

91.. The right to place the national arms and the name of National flag and the Consulate on the offices is given by treaties with AustriaHungary and the Netherlands (and colonies); on their offices or dwellings by treaty with Belgium and Germany; the right to place the national flag on their dwellings, except where there is a Legation, by treaties with Austria-Hungary, Belgium, and Germany; the right to place the arms, name, and flag on their offices or dwellings by treaties with France and Salvador; and on their offices by treaty with Italy; and the right to place the name and flag on their dwellings by treaty with Colombia.

DEPOSITIONS.

92..The right to take depositions is secured by conventions with Austria-Hungary, Belgium, France, Germany, Italy, Netherlands, New Granada, and Salvador. Objection has been raised by the German Government to the taking of testimony by Consular Officers of the United States in Germany, except

Depositions.

For. Rels., 1874. as provided by Article IX of the treaty of 1871. Efforts have

been made to induce the German authorities to permit testimony to be taken with the same freedom as in the United States, but without effect, it being stated that the laws of Germany provide for letters-rogatory in such cases.

JURISDICTION OVER DISPUTES BETWEEN MASTERS, OFFICERS,
AND CREWS.

93.. Exclusive jurisdiction over such disputes in the vessels of the United States, including questions of wages, is conferred by treaties or conventions with Austria-Hungary, Belgium, Colombia, Denmark, Dominican Republic, France, Germany, Greece, Italy, the Netherlands (and the colonies), Portugal, Russia, Salvador, Sweden and Norway, and Tripoli.

RIGHT TO RECLAIM DESERTERS.

94..The right to reclaim deserters from the vessels of the United States is conferred by treaties or conventions with Austria-Hungary, Bolivia, Belgium, Colombia, Denmark, Ecuador, France, Greece, Germany, Hanseatic Republics, Hawaiian Islands, Hayti, Italy, Japan, Mexico, Madagascar, the Netherlands (and colonies), Peru, Portugal, Russia, Salvador, Sweden and Norway, Dominican Republic, and Siam; but if the deserter has committed a crime against local law, the surrender will be delayed until after punishment.

SALVAGE AND WRECKS.

95. Their powers to adjust damages suffered at sea and in matters of wrecks and salvage are settled by treaties with Austria-Hungary, Belgium, Bolivia, Borneo, China, New Granada, Dominican Republic, Ecuador, France, Germany, Greece, Guatemala, Hawaiian Islands, Hayti, Honduras, Italy, Japan, Lew Chew, Liberia, Madagascar, Mexico, Morocco, Muscat, Netherlands (including colonies), Ottoman Porte, Paraguay, Peru, Salvador, Siam, Spain, Sweden and Norway, Tripoli, Tunis, and Venezuela. In Muscat and the Ottoman Dominions they have the right, in the absence of the owner or agent, to receive the property of American citizens wrecked or captured from pirates.

ESTATES OF CITIZENS OF THE UNITED STATES, DECEASED.

zens.

96.. In Austria-Hungary, Belgium, Germany, Italy, and the Estates Netherlands (and colonies), the local authorities are required to inform Consuls of the death of their countrymen, intestate, or without known heirs. In Germany, Consuls have the right to appear for absent heirs or creditors until regularly authorized representatives appear. In Peru, Salvador, Tunis, Morocco, Muscat, Persia, and Tripoli they may administer on the property of their deceased countrymen. In Colombia they may do so, except when legislation prevents it. In Costa Rica, Honduras, and Nicaragua they may nominate curators to take charge of such property, so far as local laws permit. In Paraguay they may become temporary custodians of such property. In Germany they may take charge of the effects of deceased sailors.

of citi

EXTRADITION OF FUGITIVE CRIMINALS.

97.. Provision has been secured in the treaties with certain countries under which the requisitions for the surrender of fugitives from justice may be made by Consular Officers, in the absence of a Diplomatic Representative. In such cases the requisition is made by the superior Consular Officer. Treaties of this character have been concluded with Belgium, the Dominican Republic, Ecuador, Italy, Netherlands, Nicaragua, Orange Free State, Ottoman Empire, Salvador, Siam, Spain, Sweden and Norway, and the Swiss Confederation.

Extradition of

criminals.

JURISDICTION OVER OFFENSES AND CRIMES.

98.. Consuls have exclusive jurisdiction over crimes and offenses committed by citizens of the United States in Borneo, China, Japan, Madagascar, and Siam. In Morocco, Tripoli, and Tunis the Consuls are empowered to assist in the trials of citizens of the United States accused of murder or assault. In Persia citizens of the United States committing offenses are to be tried and judged in the same manner as are the subjects or citizens of the most favored nation. Americans committing offenses in Turkey should be tried by their Minister or Consul, and are to be punished according

Jurisdiction over offenses.