respectively, that persons committing certain heinous crimes, being fugitives. from justice, should under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas, the laws of Austria forbid the surrender of its own citizens to a foreign jurisdiction, the government of the United States, with a view of making the Convention. strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States; therefore on the one part the United States of America and on the other part His Majesty the Emperor of Austria, having resolved to treat on this subject, have for that purpose appointed their respective plenipotentiaries to negotiate and conclude a Convention—that is to say: The President of the United States, William L. Marcy, Secretary of State, and His Majesty the Emperor of Austria, John George Chevalier de Hülsemann, His said Majesty's Minister Resident near the government of the United States, who, after reciprocal communication of their respective powers, have agreed to and signed the following articles: ARTICLE I It is agreed that the United States and Austria shall, upon mutual requisitions by them or their ministers, officers or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the juisdiction of either party, shall seek an asylum, or shall be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed; and the respective judges and other magistrates of the two governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. The provisions of the present Convention shall not be applied, in any manner, to the crimes enumerated in the First Article, committed anterior to the date thereof; nor to any crime or offence of a political character. ARTICLE II Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention. ARTICLE III Whenever any person accused of any of the crimes enumerated in this Convention shall have committed a new crime in the territories of the State where he has sought an asylum, or shall be found, such person shall not be delivered up under the stipulations of this Convention until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. ARTICLE IV The present Convention shall continue in force until the 1st of January, 1858; and if neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said 1st day of January, 1858. ARTICLE V The present Convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of Austria, and the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals. of our Done in duplicate at Washington the third day of July, in the year Lord one thousand eight hundred and fifty-six and of the Independence of the United States the eightieth. TOBACCO Agreement signed at Washington December 24, 1863 Entered into force December 24, 1863 Expired April 23, 1864 Whereas an informal Convention on the subject of the exportation of certain tobacco from the United States was on the 23rd day of November last concluded between the Secretary of State and the Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of the French, a copy of which Convention is hereunto annexed.2 It is hereby stipulated by and between Frederick W. Seward, Acting Secretary of State of the United States and Count Nicholas Giorgi, Minister Resident of His Majesty the Emperor of Austria, that the tobacco in this country belonging to the Austrian Government, purchased and paid for prior to the 4th of March 1861, amounting to six hundred and twelve (612) hogsheads, or thereabouts, may be exported from places within the limits of the blockade on conditions similar to those required for the exportation of tobacco belonging to the French government; but as it is not convenient for the Austrian Government to post any of its naval vessels for the purpose of superintending such exportation, it is further stipulated that such exportation may be made under the superintendence of such of the vessels of the French navy as may be employed in superintending the exportation of the tobacco belonging to the Government of France. DONE at the City of Washington this 24th day of December, 1863. F. W. SEWARD 1 Not previously printed. For text, see post, vol. 7, p. 842, FRANCE. N. GIORGI ESTABLISHING FRIENDLY RELATIONS Treaty signed at Vienna August 24, 1921; relevant parts of treaty of peace signed at St. Germain-en-Laye September 10, 1919 Ratified by Austria October 8, 1921 Senate advice and consent to ratification, with understandings, October 18, 19211 Ratified by the President of the United States, with understandings, October 21, 1921 1 Ratifications exchanged at Vienna November 8, 1921 Entered into force November 8, 1921 Proclaimed by the President of the United States November 17, 1921 42 Stat. 1946; Treaty Series 659 TREATY WITH AUSTRIA The United States of America and Austria: Considering that the United States, acting in conjunction with its cobelligerents entered into an Armistice with Austria-Hungary on November 3a, 1918,2 in order that a Treaty of peace might be concluded; Considering that the former Austro-Hungarian Monarchy ceased to exist and was replaced in Austria by a republican Government; Considering that the Treaty of St. Germain-en-Laye to which Austria is a party was signed on September 10th, 1919, and came into force according to the terms of its Article 381, but has not been ratified by the United States; Considering that the Congress of the United States passed a joint Resolution approved by the President July 29, 1921, which reads in part as follows; 1 The U.S. understandings were that "the United States shall not be represented or participate in any body, agency or commission, nor shall any person represent the United States as a member of any body, agency or commission in which the United States is authorized to participate by this Treaty, unless and until an Act of the Congress of the United States shall provide for such representation or participation" and that “the rights and advantages which the United States is entitled to have and enjoy under this Treaty embrace the rights and advantages of nationals of the United States specified in the Joint Resolution or in the provisions of the Treaty of St. Germain-en-Laye to which this Treaty refers." "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,. "That the state of war declared to exist between the Imperial and Royal Austro-Hungarian Government and the United States of America by the joint resolution of Congress approved December 7th, 1917, is hereby declared at an end. "Sec. 4. That in making this declaration, and as a part of it, there are expressly reserved to the United States of America and its nationals any and all rights, privileges, indemnities, reparations or advantages, together with the right to enforce the same, to which it or they have become entitled under the terms of the armistice signed November 3a, 1918, or any extension or modifications thereof; or which were acquired by or are in the possession of the United States of America by reason of its participation in the war or to which its nationals have thereby become rightfully entitled; or which, under the Treaty of St. Germain-en-Laye or the Treaty of Trianon, have been stipulated for its or their benefit; or to which it is entitled as one of the principal Allied and Associated Powers; or to which it is entitled by virtue of any Act or Acts of Congress; or otherwise. "Sect. 5. All property of the Imperial German Government, or its successor or successors, and of all German nationals which was on April 6th, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or of any of its officers, agents, or employees, from any source or by any agency whatsoever, and all property, of the Imperial and Royal Austro-Hungarian Government, or its successor or successors, and of all Austro-Hungarian nationals which was on December 7th, 1917, in or has since that date come into the possession or under control of, or has been the subject of a demand by the United States of America or any of its officers, agents, or employees, from any source or by any agency whatsoever, shall be retained by the United States of America and no disposition thereof made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German Government and the Imperial and Royal AustroHungarian Government, or their successor or successors, shall have respectively made suitable provision for the satisfaction of all claims against said Governments respectively, of all persons, wheresoever domiciled, who owe permanent allegiance to the United States of America and who have suffered, through the acts of the Imperial German Government or its agents, or the Imperial and Royal Austro-Hungarian Government or its agents since July 31st, 1914, loss, damage, or injury to their persons or property, directly or indirectly, whether through the ownership of shares of stock in German, Austro-Hungarian, American, or other corporations, or in consequence of 4 |