ARTICLE 2nd 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. 2o The attempt to commit murder. 3o 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, 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 detriment of their employers, when these crimes are subject to infamous punishment. ARTICLE 3rd. 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. ARTICLE 4th 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. ARTICLE 6th 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. ARTICLE 7th 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. ARTICLE 8th. 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. 1870. 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. The United States of America and the Republic of Salvador, desiring to make lasting and firm friendship and good understanding which happily exist between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other, by means of a treaty or general convention of peace and friendship, commerce and consular privileges. For this desirable object the President of the United States of America has conferred full powers upon General Alfred T. A. Torbert, Minister Resident; and the President of the Republic of Salvador has conferred similar and equal powers upon Doctor Don Gregorio Arbizú, Minister of Foreign Relations; who, after having exchanged their said full powers in due form, have agreed to the following articles: ARTICLE 1ST. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of Salvador, in all the extent of their possessions and territories, and • On notice given by Salvador this treaty was abrogated May 30, 1893. between their citizens, respectively, without distinction of persons and places. ARTICLE 2ND. The United States of America and the Republic of Salvador, desiring to live in peace and harmony with all the nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely if the concession was freely made or on allowing the same compensation if the concession was conditional. ARTICLE 3RD. The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside therein, and shall have the power to purchase and hold lands, and all kinds of real estate, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with the native citizens, and shall enjoy all the privileges and concessions in these matters which are or may be made to the citizens of any country, and shall enjoy all the rights, privileges, and exemptions in navigation, commerce, and manufactures, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, or usages there established to which native citizens are subjected. But it is understood that this article does not include the coasting-trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. ARTICLE 4TH. They likewise agree that whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to time lawfully imported into the United States in their own vessels, may be also imported in vessels of the Republic of Salvador; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in vessels of the one country or of the other; and in like manner that whatever kind of produce, manufactures, or merchandise of any foreign country can be from time to time lawfully imported into the Republic of Salvador in its own vessels, may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or the other. And they further agree that whatever may be lawfully exported or re-exported from one country in its own vessels to any foreign country may, in like manner, be exported or re-exported in the vessels of the other country; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Republic of Salvador. ARTICLE 5TH. No higher or other duties shall be imposed on the importation into the United States of any articles the produce or manufactures of the Republic of Salvador; and no higher or other duties shall be imposed on the importation into the Republic of Salvador of any articles the produce or manufactures of the United States than are, or shall be, payable on the like articles, being the produce or manufactures of any foreign country; nor shall any higher or other duties or charges be imposed in either of the two countries on the exportation of any articles to the United States, or to the Republic of Salvador, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles the produce or manufactures of the United States, or of the Republic of Salvador, to or from the territories of the United States, or to or from the territories of the Republic of Salvador, which shall not equally extend to all other nations. ARTICLE 6TH. In order to prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the three preceding articles are, to their full extent, applicable to the vessels of the United States, and their cargoes, arriving in the ports of Salvador, and reciprocally to the vessels of the said Republic of Salvador, and their cargoes, arriving in the ports of the United States, whether they proceed from the ports of the country to which they respectively belong or from the ports of any other foreign country; and, in either case, no discriminating duty shall be imposed or collected in the posts of either country on said vessels, or their cargoes, whether the same shall be of native or foreign produce or manufacture. ARTICLE 7TH. It is likewise agreed that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, to manage, by themselves or agents, their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignments and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favored nation. ARTICLE 8TH. The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandise, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested an equitable and sufficient indemnification. |