Treaties and Conventions Concluded Between the United States of America Since July 4, 1776

ARTICLE IV.

Any controversy which may arise among the claimants to the property of a decedent shall be decided according to the laws and by the judges of the country in which the property may be situated.

ARTICLE V.

Disputes respecting property, how to be decided.

The contracting parties give to each other the privilege of having, each in their respective States, consuls and vice-consuls of their own appointment, who shall enjoy the same privileges as those of the most favored nation.

Consuls of both countries to have privileges of most

But before any consul or vice-consul shall act as such, he shall, in the favored nation. ordinary form, be approved by the government of the country in which his functions are to be discharged.

In their private and business transactions, consuls and vice-consuls shall be submitted to the same laws and usages as private individuals, citizens of the place in which they reside.

offending consuls

It is hereby understood that in case of offence against the laws, by a consul or viceconsul, the government from which [he received] his exequatur may Exequaturs of withdraw the same, send him away from the country, or have him pun- may be withdrawn. ished in conformity with the laws, assigning to the other government its &c. reason for so doing.

The archives and papers belonging to the consulates shall be inviolate, and under no pretext whatever shall any magistrate or other functionary inspect, Archives of conseize, or in any way interfere with them.

ARTICLE VI.

sulates inviolable.

Neither of the contracting parties shall impose any higher or other duties upon the importation, exportation, or transit of the natural or industrial products Equality of duof the other, than are or shall be payable upon the like articles being the ties. produce of any other country.

ARTICLE VII.

Each of the contracting parties hereby engages not to grant any favor in commerce to any nation which shall not immediately be enjoyed by the other party.

ARTICLE VIII.

Favors in com. merce if granted to any nation to be enjoyed by the other party.

made in

to be given up if be 80

The United States of America and the Orange Free State, on requisitions their name through the medium of their respective diplomatic or consular Persons accused agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum, or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial if the crime had been committed in the country where the person so accused shall be found.

ARTICLE IX.

of a crime named in following article the crime provenas to justify if it had taken try where the ac

their commitment

place in the coun

cused person is.

charged with one

Persons shall be delivered up according to the provisions of this convention who shall be charged with any of the following crimes, to wit: Murder, (in- Persons to be decluding assassination, parricide, infanticide, and poisoning;) attempt to livered up must be commit murder; rape; forgery, or the emission of forged papers; arson; ch the specified robbery, with violence, intim[id]ation, or forcible entry of an inhabited crimes. house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. ARTICLE X.

The surrender shall be made by executives of the contracting parties respectively.

ARTICLE XI.

The expense of detention and delivery effected pursuant to the preceding articles shall be at the cost of the party making the demand.

ARTICLE XII.

Surrender, how to be made.

Expense of detention and deliv ery, how puid.

The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed before the date P hereof, nor to those of a political character.

ARTICLE XIII.

Surrende to ap to inture

crimes, and not to political offences.

The present convention is concluded for the period of ten years from the day of the exchange of the ratifications; and if, one year before the expiration of that period, neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations

Duration of con vention.

of the said convention, it shall continue binding for twelve months longer, and so on from year to year until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place.

ARTICLE XIV.

This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities, and the ratifications shall be exchanged at Washington as soon as circumstances shall admit.

Ratifications.

In faith whereof the respective plenipotentiaries have signed the above articles, and have thereunto affixed their seals.

Done in quadruplicate at Bloemfonten this 22d day of December, in the year of our Lord one thousand eight hundred and seventy-one. W. W. EDGCOMB. [SEAL.]

DECLARATION OF ACCESSION* TO CONVENTION OF JUNE 16, 1852, BETWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, FOR EXTRADITION OF CRIMINALS, AND TO ADDITIONAL ARTICLE THERETO OF NOVEMBER 16, 1852.

Dated June 7, 1854; Proclaimed July 26, 1854.

Whereas a treaty for the reciprocal extradition of fugitive criminals, in special cases, was concluded between Prussia and other States of the Germanic Confederation on the one hand, and the United States of North America on the other, under date of Juve 16th, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second article of the same, the United States of North America have declared that they agree that the stipulations of the aforesaid treaty shall be applicable to any other State of the Germanic Confederation which shall have subsequently declared its accession to the treaty: Now, therefore, in accordance therewith, the Government of His Serene Highness the Reigning Prince of Schaumburg-Lippe, hereby declares its accession to the aforesaid treaty of June 16th, 1852, which is, word for word, as follows:

[The original declaration here includes a copy in German and English of the treaty of June 16, 1852, and of the additional article thereto of November 16, 1852.] and hereby expressly gives assurance that each and every article and stipulation of this treaty shall be faithfully observed and enforced within the territory of the Principality of Schaumburg-Lippe.

In testimony whereof, the Government of the Prince, in the name of His Serene Highness the Reigning Prince of Schaumburg-Lippe, has executed the present declaration of accession, and caused the seal of the Government to be thereunto affixed. Done at Buckeburg, the seventh day of June, one thousand eight hundred and fiftyfour.

The Government of the Prince of Schaumburg-Lippe.

[SEAL.]

V. SAUER. WERNER.

PERU.

Page 691, in the fifth line of the preamble insert a second n after the first in the word "Georgiana." Page 692, in article I, last line, make the same change.

PRUSSIA AND OTHER STATES.

Pages 731 and 732, strike out President's Proclamation relative to declaration of accession of Bremen of September 6, 1853. Page 732, in bracketed explanation, first line, strike ont words “notice of the" and insert words "Declarations of" instead: and after words "governments of" insert word "Bremen;" in second line, after word "Oldenburg" insert word "and," and before word " 'Württemberg" insert words "statement relative to that of," and insert second t after first in word "Würtemburg," and take out u in last syllable and insert e instead.

*Translation.

SIAM.

Page 769, in second side-note to article VI insert i after S in word "Samese."

SPAIN.

SPAIN, 1871.

AGREEMENT FOR SETTLEMENT OF CERTAIN CLAIMS OF CITIZENS OF THE UNITED STATES ON ACCOUNT OF WRONGS AND INJURIES COMMITTED BY AUTHORITIES OF SPAIN IN THE ISLAND OF CUBA.'

Concluded at Madrid February 12, 1871, by Daniel E. Sickles, Esq., Envoy Extraordinary and Minister Plenipotentiary of the United States at Madrid, and his Excellency Señor Don Cristino Martos, Minister of State of Spain.

Memorandum of an arbitration for the settlement of the claims of citizens of the United States, or of their heirs, against the Government of Spain for wrongs and injuries committed against their persons and property, or against the persons and property of citizens of whom the said heirs are the legal representatives, by the authorities of Spain, in the island of Cuba, or within the maritime jurisdiction thereof, since the commencement of the present insurrection.

Claims to be submitted to arbitra

1. It is agreed that all such claims shall be submitted to arbitrators, one to be appointed by the Secretary of State of the United States, another by the Envoy Extraordinary and Minister Plenipotentiary of Spain at Washington, and these two to name an umpire who shall decide all questions tors, and in case of upon which they shall be unable to agree; and in case the place of either disagreement to umarbitrator or of the umpire shall from any cause become vacant, such vacancy shall be filled forthwith in the manner herein provided for the original appointment.

pire.

2. The arbitrators and umpire so named shall meet at Washington within one month from the date of their appointment, and shall, before proceeding to business, make and subscribe a solemn declaration that they will impartially hear and determine, to the best of their judgment, and according to public law and the treaties in force between the two countries and these present stipulations, all such claims as shall, in conformity with this agreement, be laid before them on the part of the Government of the United States; and such declaration shall be entered upon the record of their proceedings.

Each government may name an advo

3. Each Government may name an advocate to appear before the arbitrators or the umpire, to represent the interests of the parties respect- cate. ively.

4. The arbitrators shall have full power, subject to these stipulations, and it shall be their duty, before proceeding with the hearing and decision of any case, to make and publish convenient rules prescribing the time and manner of the presentation of claims and of the proof thereof; and any disagreement with reference to the said rules of proceeding shall be decided by the umpire. It is understood that a reasonable period shall be allowed for the presentation of the proofs; that all claims, and the testimony in favor of them, shall be presented only through the sented through Gov. Government of the United States; that the award made in each case shall be in writing, and, if indemnity be given, the sum to be paid shall be expressed in the gold coin of the United States.

Claims to be pre

ernment of the United States.

Extent of jurisdiction, &c.

5. The arbitrators shall have jurisdiction of all claims presented to them by the Government of the United States for injuries done to citizens of the United States by the authorities of Spain, in Cuba, since the first day of October, 1868. Adjudications of the tribunals in Cuba concerning citizens of the United States, made in the absence of the parties interested, or in violation of international law or of the guarantees and forms provided for in the treaty of October 27, 1795, between the United States and Spain, may be reviewed by the arbitrators, who shall make such award in any such case as they shall deem just. No judgment of a Spanish tribunal, disallowing the affirmation of a party that he is a citizen of the United States, shall prevent the arbitrators from hearing a reclamation presented in behalf of said party by the United States Government; nevertheless, in any case heard by the arbitrators, the Spanish Government may traverse the allegation of American citizenship, and thereupon competent and sufficient proof thereof will be required. The commission having recognized the quality of American citizens in the claimants, they will acquire the rights accorded to them by the present stipulations as such citizens. And it is further agreed that the arbitrators shall not have jurisdiction

*Printed on page 905 old edition.

of any reclamation made in behalf of a native-born Spanish subject, naturalized in the United States, if it shall appear that the same subject-matter having been adjudicated by a competent tribunal in Cuba, and the claimant, having appeared therein. either in person or by his duly appointed attorney, and being required by the laws of Spain to make a declaration of his nationality, failed to declare that he was a citizen of the United States; in such case, and for the purposes of this arbitration, it shall be deemed and taken that the claimant, by his own default, had renounced his allegiance to the United States. And it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts.

Expenses.

6. The expenses of the arbitration will be defrayed by a percentage to be added to the amount awarded. The compensation of the arbitrators and umpire shall not exceed three thousand dollars each; the same allowance shall be made to each of the two advocates representing respectively the two Governments: and the arbitrators may employ a secretary at a compensation not exceeding the sum of five dollars a day for every day actually and necessarily given to the business of the arbitration.

7. The two Governments will accept the awards made in the several cases submitted to the said arbitration as final and conclusive, and will give full effect to the same in good faith and as soon as possible.

Effect of awards,

SWEDEN.

Page 807, in separate article, last line but one before signatures, strike out word "day" after word "third."

SWISS CONFEDERATION.

Page 832, in article XV, second line, separate words "shall be."

LIST OF THE TREATIES AND CONVENTIONS WITH FOREIGN POWERS,

CHRONOLOGICALLY ARRANGED.