« AnteriorContinuar »
CONVENTION between Tuscany and Parma, for the re
ciprocal Arrest and Delivering up of Deserters.-Signed at Florence, the 2nd of August, 1817.
(Translation.) CONVENTION between the Courts of Tuscany and Parma, re
specting the Arrest and reciprocal Delivering up of Deserters.
NOTIFICATION. The Imperial and Royal Council, in execution of the Orders contained in the Instruction of the Imperial and Royal Department for Foreign Affairs, dated the 16th of August, 1817, makes public the following Convention, which was entered into between the Courts of Tuscany and Parma, on the 2nd of the said month, respecting the arrest and reciprocal delivering up of Deserters, the Ratifications of which Convention were exchanged in due form on the 5th of the same month.
CONVENTION between His Imperial and Royal Highness Fer
dinand III, Archduke of Austria, Grand Duke of Tuscany, &c. &c. &c. and Her Majesty the Archduchess Maria Louisa, of Austria, Duchess of Parma and Placentia, &c. &c. &c., for the Arrest and reciprocal Delivering up of Deserters.
His Imperial and Royal Highness Ferdinand III, Archduke of Austria, Grand Duke of Tuscany, &c. &c. &c., and Her Majesty the Archduchess, and Duchess of Parma and Placentia, &c. &c. &c., being desirous of preventing and repressing the crime of Desertion in the Troops of their respective States, by the mutual adoption of the means best adapted to such an end, and at the same time most consistent with the relations of good neighbourhood and friendly intercourse, which unite the 2 Countries, have determined to conclude a Convention for the arrest and reciprocal delivering up of the Deserters from their Troops.
They have, for this purpose, nominated their respective Ministers Plenipotentiary, that is to say:
His Imperial and Royal Highness the Grand Duke of Tuscany, &c. His Excellency the Councillor, Vittorio Fossombroni, Knight GrandCross of the Order of St. Joseph, Knight of the distinguished Order of St. Stephen, Pope and Martyr, Officer of the Legion of Honour of France, Secretary of State, Minister for Foreign Affairs, and Director of the Imperial and Royal Departments; and,
Her Majesty the Duchess of Parma and Placentia, &c. His Excellency, the Count Appony, Commander of the Imperial Order of Leopold, Imperial Chamberlain, Envoy Extraordinary and Minister Plenipotentiary of His Imperial, Royal, and Apostolic Majesty, at the Imperial and Royal Court of Tuscany :
Who, after having exhibited to each other their respective Full
powers, and found them to be in due form, have agreed and do agree upon the following Articles :
ART. I. All Soldiers, whether of the Infantry, Cavalry, Artillery, Waggon Train, or of any other Body of Forces, either of land or sea, belonging to His Imperial and Royal Highness the Grand Duke of Tuscany, and also any Individuals of the Forces belonging to Parma, who, deserting from the service of the Power to which they belong, shall take refuge in the States of the other, shall be immediately arrested, even without any special request being made for that purpose ; and provided that, after a due examination by the Authorities nearest to the place of arrest, they are found not to be Subjects of the Sovereign in whose Territory they are discovered, such Deserters shall be given up, together with the arms, horses, equipments, and whatever other articles they shall have carried away with them at the time of desertion.
II. The arrest and delivering up shall also take place, even should the Deserter have enrolled himself in the Forces of the other Power. Should, however, the Deserter be a Subject of the Sovereign in whose State he has taken refuge, his person shall not be delivered up, but only the arms, horses, and effects which he shall have taken with him.
Should the Individual so arrested be a Deserter from the Forces of some other Sovereign, with whom there also exists a similar Cartel, he shall be delivered up to the State from which he last deserted.
III. The lives of Deserters, so delivered up, shall always be spared, provided they have not been condemned to death for some other crime.
IV. If the Deserter should be guilty, either as principal or accomplice, of any crime meriting the punishment of death, or of the gallies for life, in the Country where he has taken refuge, his person shall not be delivered up, but only the arms and other articles before-mentioned. Should he, however, have been guilty, in the said State, either as principal or accomplice, of any crime meriting a less punishment than either of those above-mentioned, it shall be in the power of the Government of the said State, either to cause him to undergo the merited punishment before he is delivered up, or to forward, together with the said Deserter, the legal Documents respecting the said crime, to serve as a guide to the Military or Judicial Authorities of the State demanding him, in the infliction upon the Deserter of a proportionate increase of punishment.
V. All the Civil and Military Authorities, and especially the Commandants upon the Frontiers, are required vigilantly to watch such Deserters from the respective Forces, as shall appear within their jurisdiction, and to adopt, with the utmost dispatch, the measures necessary for this object, and more particularly for providing that Soldiers not duly furnished with Passports or Furloughs, may not find an asylum in the States of the other Contracting Power, but may be immediately arrested. VI. Every Detachment ordered to follow a Deserter, must stop at the Frontier, and must not send within the limits of the neighbouring State more than 1 or 2 Individuals, provided with the necessary Documents, for making the requisition to the Civil and Military Authorities.
Immediately upon the arrest of a Deserter, notice thereof shall be given, as well to the Government within whose Territory the said arrest has been effected, as to the nearest Military Commandant or Judicial Authority in the other State, describing, at the same time, the Corps to which the said Deserter belongs, the day on which he was arrested, and the effects found upon him, and requiring the said Commandant, or the said Judicial Authority, to take the necessary measures for receiving the Deserter at the Frontiers ; provided always, that it does not appear from the examination prescribed in Article I, that the said Deserter is a Subject of the Sovereign in whose Dominions he is found.
VII. The subsistence of the Deserters and of the horses, shall be provided for by the 2 Parties, according to the regulations in force in their respective Dominions, for their own Forces, and the amount thereof, as well as the Rewards fixed by the Article next following, shall be paid every 6 months, according to the Accounts exhibited, the 2 Governments accounting to each other for the same.
VIII. Those who shall arrest or give information against a Deserter, shall receive a reward of 20 lire of Tuscany, or 67} lire of Parma, for a Foot-Soldier ; and 30 lire of Tuscany, equal to 101 lire of Parma, for a Horse-Soldier, with his horse.
IX. Every Individual of a State, who shall, by any means whatever, induce a Soldier belonging to the other State to desert, shall be subjected by his own Government to the same punishment as would have been inflicted upon him, conformably to the Laws of his Country, should he have induced a Soldier belonging to the Troops of his own Sovereign to desert. The same shall be observed towards those who shall knowingly harbour a Deserter, not omitting the increased punishment inflicted in such cases during the time of War.
X. The respective Subjects of the 2 Governments are forbidden to purchase of the Deserters from the Forces of the other Power, horses, arms, or any part of their equipments.
These effects, wherever they may be found, shall always be considered as stolen articles, and shall be restored to the Corps to which the Deserter inay belong.
The Transgressors of this Article shall be subjected to the same punishment as their own Government would have inflicted, had they purchased similar effects of a Deserter from its own Troops ; provided always that, either from the nature of the articles themselves, or from other evidence of the fact, it be proved that they must have known from whence the said effects had been taken.
XI. All the provisions of the present Convention shall apply equally to the Recruits comprized in the Military Levy, who, for the purpose
avoiding it, shall take refuge from one State in that of the other Contracting Power ; but it is agreed, as a special provision between the 2 Governments, that the said Recruits, upon being delivered up, shall not be subjected to any corporal punishment.
XII. The present Convention shall be published in both Dominions, so soon as the exchange of the Ratifications shall have taken place, and the same shall commence to be observed 15 days after the said exchange. It shall remain in force for 5 years, with the understanding that it may be renewed every 5 years, until a declaration to the contrary be made by 1 of the 2 Governments.
In faith whereof, the respective Ministers Plenipotentiary have signed the same, and have thereunto affixed the Seal of their Arms.
Done at Florence, the 2nd of August, 1817. (L.S.) V. FOSSOMBRONI, (L.S.)
A. APPONY, Knight, Secretary of State, Count, Envoy Extraordinary and Minister for Foreign Affairs. Minister Plenipotentiary of His
Imperial, Royal, and Apostolic
By the Imperial and Royal Council, 21st August, 1817. V. Raffaelli.
LETTER from the Secretary of the Treasury of The United
States to Congress, transmitting Statements of the Importations of Goods, Wares, and Merchandize, in American and Foreign Vessels, during the Year ending September, 1815.
Treasury Department, 26th February, 1817. In conformity with a Resolution of the House of Representatives of May 29th, 1798, I have the honor to transmit herewith, 2 Statements of the Importations of goods, wares, and merchandise in American and Foreign Vessels, and an aggregate view of both, from the 1st of October, 1814, to the 30th of September, 1815.
I have the honor to be, &c.
WM. H. CRAWFORD. The Hon. the Speaker
of the House of Representatives.