ARTICLE VI. 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 VII. 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. [SEAL.] [SEAL.] F. HASSAUREK. Pursuant to the foregoing convention the Commission, consisting of two members and an arbitrator, was duly appointed, met at Guayaquil, August 22, 1864, terminated its session August 17, 1865, and awarded $94,799.56 in favor of the United States. 1872.@ NATURALIZATION CONVENTION. Concluded May 6, 1872; ratification advised by the Senate May 23, 1872; ratified by the President May 25, 1872; ratifications exchanged November 6, 1873; proclaimed November 24, 1873. ARTICLES. I. Requisites for naturalization. V. Declaration of intention. VII. Ratification. 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. "This convention was abrogated August 25, 1892, upon notice by the Ecuadorian Government. 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 re-assumed the obligations of his original 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. [SEAL.] [SEAL.] 1872. ANTONIO FLORES. HAMILTON FISH. EXTRADITION CONVENTION. Concluded June 28, 1872; ratification advised by the Senate January 6, 1873; ratified by the President January 10, 1873; ratifications exchanged November 12, 1873; proclaimed December 24, 1873. I. Persons to be delivered. ARTICLES. IV. Persons under arrest in country where found. V. Procedure. VII. Duration; ratification. 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 Tavier 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 manner that according to the laws of the country, where the fugitive or accused may be found such persons might be lawfully arrested and tried, had the crime been committed within its jurisdiction. ARTICLE 2nd Persons convicted of or accused of any of the following crimes shall be delivered up, in accordance with the provisions of this Treaty. 1st. Murder, including assassination, parricide, infanticide and poisoning. 2nd. The crime of rape, arson, piracy, and mutiny on ship-board when the crew or a part thereof, by fraud or violence against the commanding officer have taken possession of the vessel. 3rd. The crime of burglary, this being understood as the act of breaking or forcing an entrance into another's house with intent to commit any crime, and the crime of robbery, this being defined as the act of taking from the person of another, goods or money with criminal intent, using violence or intimidation. 4th. The crime of forgery: which is understood to be the wilful use or circulation of forged papers or public documents. 5th. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank bills and securities, and in general of any kind of titles to or instruments of credit, the counterfeiting of stamps, dies, seals, and marks of the State, and of the administrative authorities, and the sale or circulation thereof. 6th. Embezzlement of public property, committed within the jurisdiction of either party by public officers or depositaries. ARTICLE 3rd The stipulations of this treaty shall not be applicable to crimes or offences of a political character; and the person or persons delivered up charged with the crimes specified in the foregoing article shall not be prosecuted for any crime committed previously to that for which his or their extradition may be asked. ARTICLE 4th If the person whose extradition may have been applied for in accordance with the stipulations of the present Treaty, shall have been arrested for offences committed in the country where he has sought refuge, or if he shall have been sentenced therefor, his extradition may be deferred until his acquittal, or the expiration of the term for which he shall have been sentenced. ARTICLE 5th Requisitions for the extradition of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or in case of the absence of these from the country or its capital, they may be made by superior Consular officers. If the person whose extradition is asked for shall have been convicted of a crime, the requisition must be accompanied by a copy of the sentence of the Court that has convicted him, authenticated under its seal, and an attestation of the official character of the judge who has signed it, made by the proper executive authority; also by an authentication of the latter by the Minister or Consul of the United States or Ecuador respectively. On the contrary however, when the fugitive is merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime has been committed, and of any evidence in writing upon which such warrent may have been issued, must accompany the aforesaid requisition. The President of the United States or the proper executive authority of Ecuador, may then order the arrest of the fugitive, in order that he may be brought before the judicial authority, which is competent to examine the question of extradition. If, then, according to the evidence and the law, it be decided that the extradition is due in conformity with this Treaty, the fugitive shall be delivered up, according to the forms prescribed in such cases. ARTICLE 6th The expenses of the arrest, detention and transportation of persons claimed, shall be paid by the Government in whose name the requisition shall have been made. ARTICLE 7th This treaty shall continue in force for ten years (10) from the day of the exchange of ratifications, but in case neither party shall have given to the other one year's (1) previous notice of its intention to terminate the same, then this Treaty shall continue in force for ten years (10) longer, and so on. The present Treaty shall be ratified, and the ratifications exchanged in the Capital of Ecuador, within two months from the day on which the session of the coming Congress of Ecuador shall terminate, which will be in October 1873. In testimony whereof the respective Plenipotentiaries have signed the present Treaty in duplicate, and have hereunto affixed their seals. Done in the city of Quito, Capital of the Republic of Ecuador, this twenty eight day of June one thousand eight hundred and seventy Concluded February 28, 1893; ratification advised by the Senate September 11, 1893; ratified by the President September 16, 1893; ratifications exchanged November 6, 1894; proclaimed November 7, 1894. I. Claim to be arbitrated. II. Selection of arbitrator. III. Submission of case; evidence. IV. Award. ARTICLES. V. Finality of award. The United States of America, and the Republic of Ecuador, being desirous of removing all questions of difference between them, and of maintaining their good relations, in a manner consonant to their just interests and dignity, have decided to conclude a convention, and for that purpose have named as their respective Plenipotentiaries, to wit: |