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offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered.
All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.
If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received: Provided, that the government from which extradition is sought is not bound by treaty to give preference otherwise.
The expenses incurred in the arrest, detention, examination, and delivery of fugitives under this Treaty shall be borne by the state in whose name the extradition is sought: Provided, that the demanding government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; And, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers.
The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively. On the day on which it takes effect the Convention of March 21, 1860,"shall, as between the governments of the United States and of Norway, cease to be in force except as to crimes therein enumerated and committed prior to that day.
The ratifications of the present Treaty shall be exchanged at Washington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it.
In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and the Norwegian languages, and have hereunto affixed their seals.
Done in duplicate, at the city of Washington this seventh day of June, one thousand eight hundred and ninety-three.
WALTER Q. GRESHAM SEAL.]
See p. 621.
The Duchy of Oldenburg became incorporated in the North German Union 1867. On March 10, 1847, it acceded to the treaty of commerce and navigation concluded with the Kingdom of Hanover June 10, 1846 (see page 288), and December 30, 1853, it acceded to the extradition treaty with Prussia and other Germanic States concluded June 16, 1852. (See page 520.)
ORANGE FREÉ STATE.
CONVENTION OF FRIENDSHIP, COMMERCE, AND EXTRADITION.
Concluded December 22, 1871; ratification advised by the Senate April
24, 1872; ratified by the President April 27, 1872; ratifications exchanged August 18, 1873; proclaimed August 23, 1873. (Treaties and Conventions, 1889, p. 794.)
By notification from the Government of the Orange Free State this convention of fourteen articles was denounced January 4, 1895.
TREATY OF COMMERCE AND NAVIGATION.
Concluded May 7, 18.30; ratification advised and time for exchange of
ratifications extended by the Senate February 1, 1831; ratified by the President February 2, 1831; ratifications exchanged October 5, 1831; proclaimed February 4, 1832. (Treaties and Conventions, 1889, p. 798.)
(The text here printed is a translation from the original treaty, which was in the Turkish language. Differences of opinion as to the true meaning of certain portions have been the subject of diplomatic correspondence without reaching an accord.)
I. Trade privileges.
chants and vessels.
V. Use of United States flag.
The object of this firm Instrument, and the motive of this writing well drawn up, is that:
No Treaty or diplomatic and official convention, having heretofore, existed between the Sublime Porte of perpetual duration, and the United States of America; at this time, in consideration of the desire formerly expressed, and of repeated propositions which have, lately, been renewed by that Power, and in consequence of the wish entertained by the Sublime Porte to testify to the United States of America, its sentiments of friendship, We, the undersigned Commissioner, invested with the high Office of Chief of the Chancery of State of the Sublime Porte existing forever, having been permitted by His very Noble Imperial Majesty to negotiate and conclude a Treaty, and having thereupon conferred with our friend, the Honorable Charles Rhind, who has come to this Imperial Residence, furnished with full powers, to negotiate settle and conclude, the Articles of a Treaty, separately and jointly, with the other two Commissioners, Commodore Biddle and David Omey, now at Smyrna, Have arranged, agreed upon and concluded, the following articles:
ARTICLE I. Merchants of the Sublime Porte, whether Mussulmans or Rayahs, going and coming, in the countries, provinces and ports, of the United States of America, or proceeding from one port to another, or from
Federal cases: Dainese v. Hale, 91 U. S., 13; 1 McArthur (D. C.) 86; Dainese v. United States, 15 Ct. Cl., 64.
the ports of the United States to those of other countries, shall pay the same duties and other imposts, that are paid by the most favored nations; and they shall not be vexed by the exaction of higher duties; and in traveling by sea and by land, all the privileges and distinctions observed towards the subjects of other Powers, shall serve as a rule, and shall be observed, towards the merchants and subjects of the Sublime Porte. In like manner, American merchants who shall come to the well defended countries and ports of the Sublime Porte, shall pay the same duties and other imposts, that are paid by merchants of the most favored friendly Powers, and they shall not, in any way, be vexed or molested. On both sides, travelling passports shall be granted.
The Sublime Porte may establish Shahbenders (Consuls) in the United States of America; and the United States may appoint their citizens to be Consuls or Vice-Consuls, at the commercial places in the dominions of the Sublime Porte where it shall be found needful to superintend the affairs of commerce.
These Consuls or ViceConsuls shall be furnished with Berats or Firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection.
American merchants established in the well-defended states of the Sublime Porte, for purposes of commerce, shall have liberty to employ Semsars (brokers) of any nation or religion, in like manner as merchants of other friendly Powers; and they shall not be disturbed in their affairs, nor shall they be treated, in any way, contrary to established usages. American vessels arriving, at or departing from the ports of the Ottoman Empire, shall not be subjected to greater visit by the Officers of the Custom-House and the Chancery of the Port than vessels of the most favored Nations.
If litigations and disputes should arise, between subjects of the Sublime Porte and citizens of the United States, the parties shall not be heard, nor shall judgment be pronounced unless the American Dragoman be present. Causes, in which the sum may exceed five hundred piastres, shall be submitted to the Sublime Porte, to be decided according to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted, of any crime or offence, shall not be molested; and even when they may have committed some offence, they shall not be arrested and put in prison, by the local authorities, but they shall be tried by their Minister or Consul, and punished according to their offence, following in this respect, the usage observed towards other Franks.
American merchant vessels that trade to the dominions of the Sublime Porte, may go and come in perfect safety with their own flag; but they shall not take the flag of any other Power, nor shall they grant their flag to the vessels of other Nations and Powers, nor to