Office of the Historian

No. 12.
Mr. Frelinghuysen to Baron Schaeffer.

Department of State,
Washington, January 3, 1883.

Baron: I had the honor in due time to receive your note of the 13th November last, in which you refer to our previous correspondence touching the case of Captain Randich, of the Hungarian vessel Mimi P., at Philadelphia, and ask whether this Government would be prepared to amend the tenth article of the consular convention of July 11, 1870, in the sense of enabling the consular officers of either country to be present at all judicial proceedings in the courts of the other wherein the captains or members of the crew of vessels of their nation may be involved.

After due consideration of the matter, I have the honor to submit to your judgment a draft of an additional convention designed to accomplish the desired end.

Accept, &c.,

FRED’K T. FRELINGHUYSEN.
[Inclosure.]

Draft of an additional article to the consular convention of July 11, 1870, between the United States and Austria-Hungary.

The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary, mutually desirous [Page 12] of extending to the officers and crews of the vessels of either country who may be involved in judicial proceedings in the courts of the other, ail proper facilities for the defense of their personal rights, have resolved to that end to conclude an article supplemental to the consular convention of July 11, 1870, between the two countries, and have appointed as their plenipotentiaries, to wit:

  • The President of the United States, Frederick T. Frelinghuysen, Secretary of State;
  • And His Imperial and Royal Apostolic Majesty,—— ——;

Who, after reciprocal exhibition of their full powers, found in good and due form, have agreed upon the following additional articles:

Article I.

In continuation of the tenth article of the consular convention between the United States and Austria-Hungary, which was signed at Washington on the 11th day of July, 1870, and as forming part of said tenth article, shall be added the following:

“The provisions of the two preceding paragraphs shall also be applicable whenever any captain of a vessel of either country, or any person or persons composing the crew of such vessel, shall be proceeded against or bring suit in the courts of the other country; and the respective consular officers of the vessel’s nation shall be duly notified so as to be enabled to attend such proceedings; provided that in like manner, should they fail to appear at the place and hour named, the case shall be proceeded with in their absence.”

Article II.

The foregoing additional clause shall, from the date of the exchange of the ratifications hereof, have equal force and like duration with the original consular convention aforesaid, and he terminable in like manner.

This additional convention shall be ratified, and the ratifications hereof shall be exchanged in the city of Washington, as soon as may be possible.

In testimony whereof the respective plenipotentiaries have signed this convention, in duplicate, in the English and —— languages, and affixed hereto the seal of their arms.

Done at the city of Washington, this —— day of ——, in the year of our Lord one thousand eight hundred and eighty-three.