Obrázky stránek
PDF
ePub

through the medium of their re- su nombre, por el órgano de sus re-
spective diplomatic and consular spectivos agentes diplomáticos y
agents, shall deliver up to justice consulares, entregarán á la justicia
persons who, being charged with las personas á quienes imputándose
the crimes enumerated in the fol-
lowing article, committed within the
jurisdiction of the requiring party,
shall seek asylum or shall be found
within the territories of the other:
Provided, That this shall be done
only when the fact of the commis-
sion of the crime shall be so estab-
lished as to justify their apprehen-
sion and commitment for trial, if the
crime had been committed in the
country where the persons so ac-
cused shall be found; in all of
which the tribunals of said country
shall proceed and decide according
to their own laws.

ARTICLE XXVIII.

los crímenes enumerados en el artí-
culo siguiente, cometidos dentro de
la jurisdiccion de la parte requerente,
buscaren asilo ó fueren encontrados
dentro de los territorios de la otra ;
con tal que se haga esto solamente,
cuando el hecho de la comision del
crímen esté acreditado de modo que
justificase la aprehension y someti-
miento á juicio de las personas acu-
sadas, si se husbiese cometido el
crímen en el pais donde se hallen,
en todo lo cual los tribunales de
dicho pais procederán y decidirán
conforme á sus leyes.

ARTICULO 28.

Proviso.

which surrender

Persons shall be delivered up according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: murder (including assassination, parricide, infanticide, and poisoning); attempt to commit murder; el enfanticidio, y el envenenamienrape; forgery; the counterfeiting of money; arson; robbery with violence, intimidation, or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.

Conforme á las disposiciones de Crimes for esta convencion, serán entregadas is to be made. las personas á quienes se impute alguno de los crímenes siguientes, a saber: Homicidio voluntario (incluyendo el asesinato, el parricidio,

ARTICLE XXIX.

On the part of each country the surrender shall be made only by the authority of the executive thereof. The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.

ARTICLE XXX.

The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political . character.

to); conato de homicidio; fuerza
hecha á muger; falsificacion; fabri-
cacion de moneda falsa; incendio;
robo con violencia, intimidacion, ó
entrada violența en una casa habi-
tada; pirateria; peculado ó hurto
cometido por personas alquiladas ó
asalariadas en detrimento de los que
las emplean, cuando estos crímenes
esten sujetos á castigo infamante.

[blocks in formation]

Convention to last for eight years.

[blocks in formation]

This convention is concluded for Esta convencion se celebra por el the term of eight years, dating from término de ocho años, contados desde the exchange of the ratifications; el cange de las ratificaciones; y si and if one year before the expira- un año antes de espirar ese plazo, tion of that period neither of the ninguna de las partes contratantes contracting parties shall have an- hubiere anunciado á la otra, por nounced, by an official notification, medio de una notificacion oficial, its intention to the other to arrest su voluntad de detener los efectos the operations of said convention, de dicha convencion, esta continuará Continuance. it shall continue binding for twelve obligatoria por doce meses mas, y months longer, and so on, from year asi en adelante, de año en año, hasta to year, until the expiration of the que terminen los doce meses que twelve months which will follow a seguirán á semejante declaracion, similar declaration, whatever the sea cual fuere el tiempo en que tentime at which it may take place. ga efecto.

Convention to be ratified.

Ratification.

Proclamation.

ARTICLE XXXII.

This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Santo Domingo as soon as circumstances shall admit.

In faith whereof, the respective plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, and they have hereunto affixed their seals.

Done in duplicate, at the city of
Santo Domingo, this eighth day of
February, in the year of our Lord
one thousand eight hundred and
sixty-seven.

[L. S.] JNO. SOMERS SMITH.
L. S.]

JOSE G. GARCIA.
L. S. JUAN R. FIALLO.

[blocks in formation]

And whereas the said convention has been duly ratified on both parts, and the respective ratifications of the same were exchanged at the city of Santo Domingo on the fifth instant:

Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States of America, have caused the said convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington, this twenty-fourth day of October, in the year of our Lord one thousand eight hundred and sixty-seven, and of the Independence of the United States of America the ninety-second.

[SEAL.]

By the President:

ANDREW JOHNSON.

WILLIAM H. SEWARD, Secretary of State.

Treaty between the United States of America and the Queen of Madagascar; Concluded February 14, 1867; Ratified July 8, 1868; Proclaimed October 1, 1868.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Feb. 14, 1867.

A PROCLAMATION.

WHEREAS a treaty of commerce between the United States of America Preamble. and her Majesty the Queen of Madagascar was concluded and signed by their respective plenipotentiaries at Antananarivo, the fourteenth day of February, eighteen hundred and sixty-seven, which treaty is word for word as follows:

TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND OF HER MAJESTY THE QUEEN OF MADAGASCAR.

Between Rainimaharavo, chief secretary of state, 16 vtra., Adriantsitohaina, 16 vtra., Rafaralahibemalo, head of the civilians, on the part of the government of her Majesty the Queen of Madagascar, and Major John P. Finkelmeier, the commercial agent of the U. S. for Madagascar, on the part of the government of the U. S. of America, all duly authorized to that effect by their respective governments, the following articles of a commercial treaty have this day been drawn up and signed by mutual agreement:

Contracting parties.

ARTICLE I. Her Majesty Rasoherina Manjaka, Queen of Madagascar, Peace and and his Excellency Andrew Johnson, President of the United States of friendship. America, both desirous, for the good and welfare of their respective countries, to enter into a more close commercial relation and friendship between the subjects of her Majesty and the people of the United States, hereby solemnly declare that peace and good friendship shall exist between them and their respective heirs and successors forever without

war.

Right of dom cile.

ARTICLE II. The dominions of each contracting party, as well as the right of domicile of their inhabitants, are sacred, and no forcible possession of territory shall ever take place in either of them by the other party, nor any domiciliary visits or forcible entries be made to the houses of either party against the will of the occupants. But whenever it is known for certain, or suspected, that transgressors against the laws of the premises may kingdom are in certain premises, they may be entered in concert with the United States consul, or, in his absence, by a duly authorized officer, to look after the offender.

When any

be entered.

The right of sovereignty shall in all cases be respected in the domin- Religious ions of one government by the subjects or citizens of the other. Citizens worship. of the United States of America shall, while in Madagascar, enjoy the privilege of free and unmolested exercise of the Christian religion and its customs. New places of worship, however, shall not be builded by them without the permission of the government.

Rights of persons and prop

erty.

See p. 493.

Contracts for

land.

Trade.

Subjects of the Queen in the

United States.
Commerce.

Tariff.

They shall enjoy full and complete protection and security for themselves and their property, equally with the subjects of Madagascar; the right to lease or rent land, houses, or storehouses for a term of months or years mutually agreed upon between the owners and American citizens; build houses and magazines, on land leased by them, in accordance with the laws of Madagascar for buildings; hire laborers not soldiers, and if slaves, not without permission of their masters.

Should the Queen, however, require the services of such laborers, or if they should desire, on their own account, to leave, they shall be at liberty to do so, and be paid up to the time of leaving, on giving previous notice.

Contracts for renting or leasing land or houses or hiring laborers may be executed by deeds signed before the United States consul and the local authorities. They also shall be permitted to trade or pass with their merchandise through all parts of Madagascar which are under the control of a governor, duly appointed by her Majesty, with the exception of Ambohimanga, Ambohimanambola, and Amparafaravato, which places foreigners are not permitted to enter, and, in fact, be entitled to all privi leges of commerce granted to other favored nations.

The subjects of her Majesty the Queen of Madagascar shall enjoy the same privileges in the United States of America.

ARTICLE III. Commerce between the people of America and Mada gascar shall be perfectly free, with all the privileges under which the most favored nations are now or may hereafter be trading. Citizens of America shall, however, pay a duty, not exceeding ten per cent, on both exports and imports in Madagascar, to be regulated by a tariff mutually agreed upon, with the following exceptions: Munition of war, to be imported by the Queen of Madagascar into her dominions, or by her order. Prohibited from export by the laws of Madagascar are munition of war, imports and ex- timber, and cows. No other duties, such as tonnage, pilotage, quarantine, lighthouse dues, shall be imposed in ports of either country on the vessels of the other to which national vessels or vessels of the most favored nations shall not equally be liable.

Prohibiting

ports.

Ports.

Consuls.

Rights of citizens of each country when in

try.

Ports of Madagascar where there is no military station under the control of a governor must not be entered by United States vessels.

ARTICLE IV. Each contracting party may appoint consuls, to reside in the dominions of each other, who shall enjoy all privileges granted to consuls of the most favored nations, to be witness of the good relationship existing between both nations, and to regulate and protect com

merce.

ARTICLE V. Citizens of the United States who enter Madagascar, and subjects of her Majesty the Queen of Madagascar while sojourning the other coun- in America, are subject to the laws of trade and commerce in the respective countries. In regard to civil rights, however, whether of person or property, of American citizens, or in cases of criminal offences, they shall be under the exclusive civil and criminal jurisdiction of their own consul only, duly invested with the necessary powers.

Disputes, &c.

Vessels.

But should any American citizen be guilty of a serious criminal offence against the laws of Madagascar, he shall be liable to banishment from the country.

All disputes and differences arising within the dominions of her Majesty, between citizens of the United States and subjects of Madagascar, shall be decided before the United States consul, and an officer, duly authorized by her Majesty's government, who shall afford mutual assistance and every facility to each other in recovering debts.

ARTICLE VI. No American vessel shall have communication with the shore before receiving pratique from the local authorities of Madagascar ; nor shall any subject of her Majesty the Queen be permitted to embark on board an American vessel without a passport from her Majesty's gov

ernment.

In cases of mutiny or desertion, the local authorities shall, on applica- Deserters. tion, render all necessary assistance to the American consul to bring back the deserters and to re-establish discipline, if possible, among the crew of a merchant vessel.

ARTICLE VII. In case of a shipwreck of an American vessel on the Shipwreck. coast of Madagascar, or if any such vessel should be attacked or plundered in the waters of Madagascar adjacent to any military station, her Majesty engages to order the governor to grant every assistance in his power to secure the property and to restore it to the owner or to the United States consul, if this be not impossible.

ARTICLE VIII. The above articles of treaty, made in good faith, shall Treaty, when be submitted to both the government of the United States of America to be ratified; and her Majesty the Queen of Madagascar for ratification, and such ratifications be exchanged within six months from date of ratification, at Antananarivo.

may be ai

Should it, at any future time, seem desirable, in the interest of either of the contracting parties, to alter or add to the present treaty, such alter- tered. ations or additions shall be effected with the consent of both parties.

Duplicate originals of this treaty, with corresponding text in the English and Malagasy languages, which shall be both of equal authority, have been signed and sealed at Antananarivo this day.

SUPPLEMENTARY ARTICLE TO § II.

P. S.

[ocr errors]

Supplemen

Should there be any business of the Queen requiring the services of such laborers, they shall be permitted to leave without giving tary article. previous notice. The sentence in article II, stating that previous notice must be given, refers only to laborers leaving on their own account.

J. P. FINKELMEIER,
RAINIMAHARAVO,

[SEAL.]
[SEAL.]

Chief Secretary of State, 16 vtra.
ANDRIANTSITOHAINA, 16 vtra.
RAFARALAHIBEMALO,

ANTANANARIVO, 14th February, 1867.

Head of the Civilians.

And whereas the said treaty has been duly ratified on both parts, and the respective ratifications were exchanged at Antananarivo on the eighth of July last:

Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States of America, have caused the said treaty to be made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done in the city of Washington this first day of October, in the year of our Lord one thousand eight hundred and sixty-eight, and of the independence of the United States the ninety-second.

[SEAL.]

By the President:

ANDREW JOHNSON.

WILLIAM H. SEWARD, Secretary of State.

See p. 492.

Ratification.

Proclamation

« PředchozíPokračovat »