ARTICLE V.

The contracting parties shall in no case be obliged to surrender their own citizens in virtue of the stipulations of the present treaty.

ARTICLE VI.

If the person shall be in course of trial, or shall have been convicted of an offence other than that for which the surrender is demanded, extradition shall only take place after the trial shall have been concluded and the sentence fullfilled.

ARTICLE VII.

When the person demanded by one of the contracting parties is also demanded by one or more powers on account of crimes and offences committed within their respective jurisdictions, extradition shall be conceded to the one whose request is first received, unless the Government to which the request is made has before agreed by treaty in case of the concurrence of requests to give preference to the country of the person's origin, to the gravity of the crime, or to the request which is of oldest date; in whichsoever of these cases the usual rule shall be followed.

ARTICLE VIII.

Extradition shall be refused when the action or sentence for which the offender is demanded shall have been extinguished by prescription, according to the law of the country to which the request is made, or when such person shall have been already tried and sentenced for the same crime.

ARTICLE IX.

All articles found in the possession of the person accused and obtained through the commission of the act with which such person is charged, and may be used as evidence of the crime for which such person is demanded, shall be seized and surrendered with the person. Nevertheless, the rights of third persons to the articles so found shall be respected.

ARTICLE X.

Requisitions for the surrender of fugitives from justice accused or convicted of any of the crimes or offences hereinbefore mentioned shall be made by the diplomatic agent of the demanding Government. In case of the absence of such agent either from the country or from the seat of Government such requisition shall be made by a superior consular officer.

When the person whose surrender is requested shall have already been convicted of the crime or offence for which his extradition is demanded, the demand therefor shall be accompanied by a copy of the judgment of the court or tribunal which has pronounced it, duly signed by the judge of the court or president of the tribunal: and the signature of the judge of the court or president of the tribunal shall be authenticated by the proper executive officer, .whose official character shall in turn be attested by the diplomatic agent or a superior consular officer of the Government on which the demand is made.

CENTRAL AMERICA.

1825.

CONVENTION OF PEACE, AMITY, COMMERCE AND NAVIGATION.

Concluded December 5, 1825; ratification advised by the Senate December 29, 1825; ratified by the President January 16, 1826; ratifications exchanged August 2, 1826; proclaimed October 28, 1826. (Treaties and Conventions, 1889, p. 121.)

This treaty, consisting of thirty-three articles, terminated as to articles relating to commerce and navigation, August 2, 1838, by their own limitations, and the entire treaty was abrogated by the dissolution of the Republic in 1839.

125

CHILE.
1832.

CONVENTION OF PEACE, AMITY, COMMERCE, and Navigation.

Concluded May 16, 1832; ratification advised by the Senate December 19, 1832; ratified by the President April 26, 1834; ratifications exchanged April 29, 1834; proclaimed April 29, 1834." (Treaties and Conventions, 1889, p. 131.)

This treaty, containing thirty-one articles relating to commerce and navigation, consular and diplomatic privileges, etc., remained in force until January 20, 1850, when it was terminated on notice given by the Chilean Government.

Federal case: U. S. v. Trumbull, 48 Fed. Rep. 94.

1833.

CONVENTION ADDITIONAL TO THE GENERAL TREATY OF 1832.

Concluded September 1, 1833; ratification advised by the Senate April 24, 1834; ratified by the President April 26, 1834; ratifications exchanged April 29, 1834; proclaimed April 29, 1834. (Treaties and

This convention of four articles extended the time for the exchange of ratifications of the convention of 1832, and was explanatory of certain articles. It was terminated January 20, 1850, on notice given by the Chilean Government.

1858.

CONVENTION FOR ARBITRATION OF MACEDONIAN CLAIMS.

Concluded November 10, 1858; ratification advised by the Senate March 8, 1859; ratified by the President August 4, 1859; ratifications exchanged October 15, 1859; proclaimed December 22, 1859. (Treaties and Conventions, 1889, p. 142.)

The claims of the owners of the property referred to in the treaty were submitted to the arbitration of the King of Belgium, who, on May 15, 1863, rendered an award in favor of the United States, allowing $42,400 with interest.

1892.

CLAIMS CONVENTION.

Concluded August 7, 1892; ratification advised by the Senate December 8, 1892; ratified by the President December 16, 1892; ratifications exchanged January 26, 1893; proclaimed January 28, 1893. (U. S. Stats., vol. 27, p. 965.)

This treaty of twelve articles provided for the submission of the claims of the United States citizens against Chile and of Chilean citizens against the United States to a commission. The commission, met in Washington, D. C., October 9, 1893, and held their final session April 9, 1894, awarding $240,564.35 to the United States for its citizens.

1897.

CLAIMS CONVENTION.

Concluded May 24, 1897; ratification advised by the Senate February 28, 1899; ratified by President March 1, 1899; ratifications exchanged March 12, 1900; proclaimed March 12, 1900." (U. S. Stats., vol. 31, p. 1868.)

This treaty, containing two articles, revived the claims convention of August 7, 1892.

1900.

EXTRADITION TREATY.

Concluded April 17, 1900; ratification advised by Senate December 18, 1900; ratified by President May 24, 1902; ratifications exchanged May 27, 1902; proclaimed May 27, 1902. (U. S. Stats., vol. 32, p. 1850.)

I. Delivery of accused. II. Extraditable crimes. III. Procedure.

IV. Provisional detention.

V. Nondelivery of citizens. VI. Political offenses.

VII. Limitations.

ARTICLES.

VIII. Prior offenses.

IX. Property seized with fugitive.
X. Persons claimed by other coun-
tries.

XI. Expenses.

XII. Ratification; duration.

The United States of America and the Republic of Chile, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Chile, and have appointed for that purpose the following Plenipotentiaries:

The President of the United States of America, Henry L. Wilson, Envoy Extraordinary and Minister Plenipotentiary of the United States in Chile, and the President of Chile, Señor Don Rafael Errázuriz Urmeneta, Minister of Foreign Relations of Chile.

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

The Government of the United States and the Government of Chile mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses 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 or offense had been there committed.

ARTICLE II.

Extradition shall be granted for the following crimes and offenses: 1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; manslaughter, when voluntary. 2. Arson.

3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money, goods, documents or other property by violence or putting him in fear; burglary.

4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of Government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.