solemn oath that they will carefully examine, and impartially decide, according to justice, and in compliance with the provisions of this Convention, all Claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings. The Commissioners shall then proceed to name an arbitrator or umpire, to decide upon any case or cases concerning which they may disagree, or upon any point of difference which may arise in the course of their proceedings. And if they cannot agree in the selection, the umpire shall be appointed by Her Britannic Majesty's Chargé d'Affaires, or (excepting the Minister Resident of the United States) by any other Diplomatic Agent in Quito whom the two high contracting parties shall invite to make such appointment. ARTICLE 2d The arbitrator or umpire being appointed the Commissioners shall, without delay, proceed to examine the claims which may be presented to them by either of the two Governments; and they shall hear, if required, one person in behalf of each Government on every separate claim. Each Government shall furnish, upon request of either commissioner, such papers, in its possession, as may be deemed important to the just determination of any claim or claims. In cases where they agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the umpire before whom each of the Commissioners may be heard, and whose decision shall be final. ARTICLE 3a The Commissioners shall issue Certificates of the Sums to be paid to the claimants, respectively, whether by virtue of the awards agreed to between themselves, or of those made by the umpire; and the aggregate amount of all sums decreed by the Commissioners, and of all sums accruing from awards made by the Umpire under the authority conferred by the fifth Article, shall be paid to the Government to which the respective claimants belong. Payment of said sums shall be made in equal annual instalments to be completed within nine years from the date of the termination of the labors of the Commission; the first payment to be made six months after the same date. To meet these payments both Governments pledge the revenues of their respective nations. ARTICLE 4th The Commission shall terminate its labors in twelve months from the date of its organization. They shall keep a record of their proceedings and may appoint a Secretary versed in the knowledge of the English and Spanish languages. ARTICLE 5th The proceedings of this Commission shall be final and conclusive with respect to all pending claims. Claims which shall not be presented to the Commission within the twelve months it remains in existence, will be disregarded by both Governments and considered invalid. In the event that, upon the termination of the labors of said Commission, any case or cases should be pending before the Umpire, and awaiting his decision, said umpire is hereby authorised to make his decision or award in such case or cases, and his certificate thereof, in each case, transmitted to each of the two Governments, shall be held to be binding and conclusive; provided, however that his decision shall be given within thirty days from the termination of the labors of the Commission, at the expiration of which thirty days his power and authority shall cease. ARTICLE 6th Each Government shall pay its own Commissioner; but the umpire as well as the incidental expenses of the commission shall be paid one half by the United States and the other half by Ecuador. ARTICLE 7th The present Convention shall be ratified, and the ratifications exchanged in the City of Quito. In faith whereof we, the respective Plenipotentiaries, have signed this Convention and hereunto affixed our Seals in the City of Guayaquil this twenty fifth day of November, in the year of our Lord 1862. NATURALIZATION Convention signed at Washington May 6, 1872 Senate advice and consent to ratification May 23, 1872 Ratifications exchanged at Washington November 6, 1873 Entered into force November 6, 1873 Proclaimed by the President of the United States November 24, 1873 18 Stat. 197; Treaty Series 78 The United States of America and the Republic of Ecuador, being desirous of regulating the citizenship of persons who emigrate from Ecuador to the United States, and from the United States to the Republic of Ecuador, have decided to treat on this subject; and for this purpose have named their respective Plenipotentiaries, to wit: the President of the United States, Hamilton Fish, Secretary of State, and the President of the Republic of Ecuador, Don Antonio Flores, accredited as Minister Resident of that Republic to the Government of the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: ARTICLE I Each of the two Republics shall recognize as naturalized citizens of the other, those persons who shall have been therein duly naturalized, after having resided uninterruptedly in their adopted country as long as may be required by its constitution or laws. This article shall apply as well to those already naturalized in the countries of either of the contracting parties as to those who may be hereafter naturalized. ARTICLE II If a naturalized citizen of either country shall renew his residence in that where he was born, without an intention of returning to that where he was naturalized, he shall be held to have reassumed the obligations of his original 1 1 Pursuant to notice of termination by Ecuador dated July 17, 1891. citizenship, and to have renounced that which he had obtained by naturalization. ARTICLE III A residence of more than two years in the native country of a naturalized citizen shall be construed as an intention on his part to stay there without returning to that where he was naturalized. This presumption, however, may be rebutted by evidence to the contrary. ARTICLE IV Naturalized citizens of either country, on returning to that where they were born, shall be subject to trial and punishment according to the laws, for offences committed before their emigration, saving always the limitations established by law. ARTICLE V A declaration of intention to become a citizen shall not have the effect of naturalization. ARTICLE VI The present convention shall go into effect immediately on the exchange of ratifications, and it shall remain in full force for ten years. If neither of the contracting parties shall give notice to the other six months previously of its intention to terminate the same, it shall further remain in force until twelve months after either of the contracting parties shall have given notice to the other of such intention. ARTICLE VII The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Ecuador, with the approval of the Congress of that Republic, and the ratifications shall be exchanged at Washington within eighteen months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this convention at the city of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and seventy-two. EXTRADITION Treaty signed at Quito June 28, 1872 Senate advice and consent to ratification January 6, 1873 Ratified by Ecuador November 12, 1873 Ratifications exchanged at Quito November 12, 1873 Entered into force November 12, 1873 Proclaimed by the President of the United States December 24, 1873 18 Stat. 199; Treaty Series 79 EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA The United States of America and the Republic of Ecuador, having deemed it conducive to the better administration of justice and the prevention of crime within their respective territories that all persons convicted of or accused of the crimes enumerated below, being fugitives from justice, shall be, under certain circumstances, reciprocally delivered up, have resolved to conclude a treaty upon the subject; and the President of the United States has for this purpose named Rumsey Wing, a citizen of the United States, and their Minister-Resident in Ecuador, as Plenipotentiary on the part of the United States, and the President of Ecuador has named Francisco Javier Leon, Minister of the Interior and of Foreign Affairs, as Plenipotentiary on the part of Ecuador; who, having reciprocally communicated their full powers, and the same having been found in good and due form, have agreed upon the following articles, viz: ARTICLE 1ST The Government of the United States and the Government of Ecuador mutually agree to deliver up such persons as may have been convicted of or may be accused of the crimes set forth in the following article, committed within the jurisdiction of one of the contracting parties, and who may have sought refuge or be found within the territory of the other; it being understood that this is only to be done when the criminality shall be proved in such TS 972, post, p. 346. |