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Ocean, as well as within a zone of thirty nautical miles around the Komandorsky (Commander) Islands and Tulienew (Robben) Island, and will promptly use its best efforts to ensure the observance of this prohibition by citizens and vessels of the United States.
2. Vessels of the United States engaged in hunting fur-seal in the above-mentioned zones outside of the territorial waters of Russia may be seized and detained by the naval or other duly commissioned officers of Russia; but they shall be handed over as soon as practicable to the naval or other commissioned officers of the United States or to the nearest authorities thereof. In case of impediment or difficulty in so doing, the commander of the Russian cruiser may confine his action to seizing the ship's papers of the offending vessels in order to deliver them to a naval or other commissioned officer of the United States, or to communicate them to the nearest authorities of the United States as soon as possible.
3. The Government of the United States agrees to cause to be tried by the ordinary courts, with all due guarantees of defense, such vessels of the United States as may be seized, or the ship's papers of which may be taken, as herein prescribed, by reason of their engaging in the hunting of fur-seal within the prohibited zones outside of the territorial waters of Russia aforesaid.
4. The Imperial Russian Government will limit to 30,000 head the number of fur-seal to be taken during the year 1894, on the coasts of the Komandorsky (Commander) and Tulienew (Robben) Islands.
5. The present agreement shall have no retroactive force as regards the seizure of any seal-hunting vessel of the United States by the naval or other commissioned officers of Russia prior to the conclusion hereof.
6. The present agreement being intended to serve the purpose of a mere provisional expedient to meet existing circumstances, may be terminated at will by either party upon giving notice to the other.
In witness whereof, we, Walter Q. Gresham, Secretary of State of the United States, and Prince Gregoire Cantacuzene, Envoy Extraordinary and Minister Plenipoteniary of His Majesty the Emperor of all the Russias, have, on behalf of our respective Governments, signed and sealed this Agreement in duplicate, and in the English and French
4 May languages, in the City of Washington, this
1894. 22 April WALTER Q. GRESHAM (SEAL PRINCE CANTACUZENE SEAL
(FORMERLY SAN SALVADOR.)
CONVENTION OF AMITY, NAVIGATION, AND COMMERCE.
Concluded January 2, 1850; ratification advised by the Senate Septem
ber 24, 1850; ratified by the President November 14, 1850; time for exchange of ratifications extended by the Senate September 27, 1850; ratifications exchanged June 2, 1852; exchange of ratifications consented to by the Senate April 4, 1853; proclaimed April 18, 1853. (Treaties and Conventions, 1889, p. 945.)
This treaty of thirty-six articles was superseded by the Treaty of December 6, 1870, page 550.
Concluded May 23, 1870; ratification advised by the Senate December
9, 1870; ratified by the President December 16, 1870; time for exchange of ratifications extended by convention of May 12, 1873; ratifications exchanged March 2, 1874; proclaimed March 4, 1874. (Treaties and Conventions, 1889, p. 955.)
(The Government of Salvador has given notice that this convention will terminate in 1904.)
ARTICLES. I. Surrender of accused.
V. Nondelivery of citizens. II. Extraditable crimes.
VI. Procedure. III. Political offenses.
VII. Expenses. IV. Persons under trial.
VIII. Duration; ratification.
The United States of America and the Republic of Salvador, having judged it expedient, with a view to the better administration of justice, and to the prevention of crimes within their respective territories and jurisdiction, that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose, and have appointed as their Plenipotentiaries: the President of the United
Federal case: In re Ezeta, 62 Fed. Rep., 964.
States, Alfred T. A. Torbert, Minister Resident to Salvador: the President of the Republic of Salvador, Señor Doctor Don Gregorio Arbizú, Minister of Foreign Affairs, who after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit:
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 apprehension and commitment for trial if the crime had been there committed.
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 wich 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, banknotes, and obligations, and in general of all things being titles on 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 détriment of their employers, when these crimes are subject to infamous punishment.
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.
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.
ARTICLE 5th. 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.
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 seat 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 under its seal, and an attestation of the official caracter 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 dulyauthenticated 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 apprehention 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.
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.
This Convention shall continue in force during (10) ten years from the day of exchange of ratifications, but if neither Party shall have given to the other (6) six 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 (12) twelve months and sooner if possible.
In witness whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals.
Done at the City of San Salvador the twenty third day of May A. D. one thousand eight hundred and seventy and of the Independence of the United States the ninety fourth. SEAL.]
ALFRED T. A. TORBERT. SEAL.]
TREATY OF AMITY, COMMERCE, AND CONSULAR PRIVILEGES. Concluded December 6, 1870; ratification advised by the Senate March
31, 1871; ratified by the President April 11, 1871; time for exchange of ratifications extended by convention of May 12, 1873; ratifications exchanged March 11, 1874; proclaimed March 13, 1874. (Treaties and Conventions, 1889, p. 957.)
Upon notice from the Government of Salvador this general treaty of thirty-nine articles was abrogated May 30, 1893.
Concluded May 12, 1873; ratification advised by the Senate February
9, 1874; ratified by the President February 16, 1874; ratifications exchanged March 2, 1874; proclaimed March 4, 1874. (U. S. Stats. Vol. 18, p. 796).
This convention extended for one year the time for the exchange of ratifications of the Extradition Convention of May 23, 1870.
CONVENTION OF AMITY, COMMERCE AND CONSULAR PRIVILEGES. Concluded May 12, 1873; ratification advised by the Senate March
2, 1874; ratified by the Senate March 10, 1874; ratifications exchanged March 11, 1874; proclaimed March 13, 1874. (U. S. Stats. Vol. 18, p. 798.)
The time for the exchange of ratifications of the Treaty of December 6, 1870, was extended one year by this convention.