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1870

Such renunciation, if declared by an original British subject, of his acquired nationality as a citizen of the United States, shall, if the declarant be in the United Kingdom of Great Britain and Ireland, be made in duplicate, in the presence of a Justice of the Peace; if elsewhere in Her Britannic Majesty's dominions, in triplicate, in the presence of any Judge of civil or criminal jurisdiction, of any Justice of the Peace, or of any other officer for the time being authorized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose: if out of Her Majesty's dominions, in triplicate, in the presence of any officer in the Diplomatic or Consular Service of Her Majesty.

ART. II. The Contracting Parties hereby engage to communicate each to the other, from time to time, lists of the persons who, within their respective dominions and territories, or before their Diplomatic and Consular officers, have declared their renunciation of naturalization, with the dates and places of making such declarations, and such information as to the abode of the declarants, and the times and places of their naturalization, as they may have furnished.

ART. III. The present Convention shall be ratified by Her Britannic Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at Washington as soon as may be convenient. In witness whereof etc.

ÉTATS-UNIS D'AMÉRIQUE ET SALVADOR.

Convention d'extradition, signée à San-Salvador le 23 Mai 1870.

ART. I. The Government of the United States and the Government of Salvador mutually agree to deliver up persons who, having been convicted of or charged with the crimes specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehen

sion and commitment for trial if the crime had been there 1870 committed.

ART II. Persons shall be delivered up who shall have been convicted of, or be charged, according to the provisions of this convention, with any of the following crimes:

1. Murder, comprehending the crimes designated in the penal codes of the contracting parties by the terms homicide, parricide, assassination, poisoning, and infanticide.

2. The attempt to commit murder.

3. The crimes of rape, arson, piracy, and mutiny on board a ship, whenever the crew, or part thereof, by fraud or violence against the commander, have taken possession of the vessel.

4. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another goods or money by violence, or putting him in fear.

5. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign, or government acts.

6. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general of all things being titles or instruments of credit, the counterfeiting of seals, dies, stamps, and marks of state and public administration, and the utterance thereof.

7. The embezzlement of public moneys, committed within the jurisdiction of either party, by public officers, or depositors. 8. Embezzlement, by any person or persons, hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.

ART III. The provisions of this treaty shall not apply to any crime or offence of a political character; and the person or persons delivered up for the crimes enumerated in the preceding article shall in no case be tried for any ordinary crime committed previously to that for which his or their surrender is asked.

ART. IV. If the person whose surrender may be claimed, pursuant to the stipulations of the present treaty, shall have been arrested for the commission of offences in the country where he has sought an asylum, shall have been convicted therefor, his extradition may be deferred until he shall have been acquitted or have served the term of imprisonment to which he may have been sentenced.

1870

ART. V. In no case and for no motive shall the high contracting parties be obliged to deliver up their own subjects. If, in conformity with the laws in force in the state to which the accused belongs, he ought to be submitted to criminal procedure for crimes committed in the other state, the latter must communicate the information and documents, send the implements or tools which were employed to perpetrate the crime, and procure every other explanation or evidence necessary to prosecute the case.

ART. VI. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or in the event of the absence of these from the country, or its seats of government, they may be made by superior consular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenticated unter its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of Salvador, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime may have been committed, or the depositions upon which such warrant may have been issued, must accompany the requisition aforesaid. The President of the United States or the President of Salvador may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to law and the evidence, the extradition is due, pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases.

ART. VII. The expenses of the arrest, detention, and transportation of the persons claimed shall be paid by the government in whose name the requisition shall have been made.

ART. VII. This convention shall continue in force during ten (10) years from the day of exchange of ratifications; but if neither party shall have given to the other six (6) months' previous notice of its intention to terminate the same, the convention shall remain in force ten years longer, and so on.

The present convention shall be ratified and the ratifications exchanged at the city of Washington within twelve (12) months, and sooner if possible.

In witness whereof etc.

ETATS-UNIS D'AMÉRIQUE ET GRANDE- 1870 BRETAGNE.

Convention additionelle au traité conclu le 7 Avril 1862 pour la suppression de la traite des noirs*, signée à Washington le 3 Juin 1870.

ART. I. Everything contained in the Treaty concluded at Washington on the 7th of April 1862, between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America, for the suppression of the African Slave Trade, and in the Annexes A and B thereto, which relates to the establishment of three Mixed Courts of Justice at Sierra Leone, at the Cape of Good Hope, and at New York, to hear and decide all cases of capture of vessels which may be brought before them as having been engaged in the African Slave Trade, or as having been fitted out for the purposes thereof, as well as to the composition, jurisdiction, and mode of procedure of such Courts, shall cease and determine, as regards the said Mixed Courts, from and after the exchange of the ratifications of the present Additional Convention, except in so far as regards any act or proceeding done or taken in virtue thereof before this Additional Convention shall be officially communicated to the said Mixed Courts of Justice. The said Courts shall nevertheless have the power, and it shall be their duty, to proceed with all practicable dispatch to the final determination of all causes and proceedings which may be pending and undetermined in them, or either of them, at the time of receiving notice of the ratification of this Convention.

ART. II. The jurisdiction heretofore exercised by the said Mixed Courts in pursuance of the provisions of the said Treaty shall, after the exchange of the ratifications of the present Additional Convention, be exercised by the Courts of one or the other of the High Contracting Parties according to their respective modes of procedure in matters of maritime prize; and all the provisions of the said Treaty with regard to the sending or bringing in of captured vessels for adjudication before the said Mixed Courts, and with regard to the ad

Cf. tome I, p. 228.

1870 judication of such vessels by the said Courts, and the rules of evidence to be applied, and the proceedings consequent on such adjudication, shall apply, mutatis mutandis, to the Courts of the High Contracting Parties.

It is, however, provided, that there may be an appeal from the decision of any Court of the High Contracting Parties, in the same manner as by the law of the country where the Courts sits is allowed other in cases of maritime prize.

ART. III. It is agreed that in case of a British merchantvessel searched by an United States' cruizer being detained as having been engaged in the African Slave Trade, or as having been fitted out for the purposes thereof, she shall be sent for adjudication to the nearest or most accessible British Colony, or shall be handed over to a British cruizer, if one should be available in the neighbourhood of the capture; and that in the corresponding case of an American merchant-vessel searched by a British cruizer being detained as having been engaged in the African Slave Trade, or as having been fitted out for the purposes thereof, she shall be sent to New York or Key West, whichever shall be most accessible, for adjudication, or shall be handed over to an United States' cruizer, if one should be available in the neighbourhood of the capture.

All the witnesses and proofs necessary to establish the guilt of the master, crew, or other persons found on board of any such vessel, shall be sent and handed over with the vessel itself, in order to be produced to the Court before which such vessel or persons may be brought for trial.

All negroes or others (necessary witnesses excepted) who may be on board either a British or an American vessel for the purpose of being consigned to slavery, shall be handed over to the nearest British authority. They shall be immediately set at liberty, and shall remain free, Her Britannic Majesty guaranteeing their liberty. With regard to such of those negroes or others as may be sent in with the detained vessel as necessary witnesses, the Government to which they may have been delivered shall set them at liberty as soon as their testimony shall no longer be required, and shall guarantee their liberty.

Where a detained vessel is handed over to a cruizer of her own nation, an officer in charge, and other necessary witnesses and proofs, shall accompany the vessel.

ART. IV. It is mutually agreed that the Instructions for the ships of the navies of both nations destined to prevent the African Slave Trade, which are annexed to this Convention, shall form an integral part thereof, and shall have

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