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DOMINICAN REPUBLIC.

1867.

CONVENTION OF AMITY, COMMERCE AND NAVIGATION, AND EXTRA

DITION.

Concluded February 8, 1867; ratification advised by the Senate March 20, 1867; ratified by the President July 31, 1867; ratifications exchanged October 5, 1867; proclaimed October 24, 1867. (Treaties and Conventions, 1889, p. 244.)

This convention of thirty-two articles terminated January 13, 1898, by notice from the Dominican Government.

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ECUADOR.
1839.

TREATY OF PEACE, FRIENDSHIP, NAVIGATION, AND COMMERCE.

Concluded June 13, 1839; ratification advised by the Senate July 15, 1840; ratified by the President July 31, 1840; ratifications exchanged April 9, 1842; proclaimed September 23, 1842. (Treaties and Conventions, 1889, p. 255.)

This treaty of thirty-five articles was abrogated August 25, 1892, by notice from the Ecuadorian Government.

1862.

CLAIMS CONVENTION.

Concluded November 25, 1862; ratification advised by the Senate January 28, 1863; ratified by the President February 13, 1863; ratifications exchanged July 27, 1864; proclaimed September 8, 1864. (Treaties and Conventions, 1889, p. 265.)

Under this convention of seven articles the commission of two members and an arbitrator met at Guayaquil August 22, 1864, and terminated its session August 17, 1865. The amount awarded against Ecuador was $94,799.56.

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. (Treaties and Conventions, 1889, p. 267.)

This convention of seven articles was abrogated August 25, 1892, upon notice given by the Ecuadorian Government.

165

1872.

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. (Treaties and Conventions, 1889, p. 269.)

I. Persons to be delivered.
II. Extraditable crimes.
III. Political offenses, etc.

ARTICLES.

IV. Persons under arrest in country where found.

V. Procedure.
VI. Expenses.

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 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 forthin 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 warrant 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 two.

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CONVENTION FOR ARBITRATION OF CLAIM OF JULIO R. SANTOS.

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. (U. S. Stats. Vol. 28, p. 1205.)

Upon the submission of the claim to the arbitrator an award in favor of Santos was made amounting to $40,000.

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