by or on behalf of their respective governments in support of, or in answer to any claim, and to hear, if required, one person on each side on behalf of each government on each and every separate claim. Should they fail to agree in opinion upon any individual claim, Umpire to be called they shall call to their assistance the umpire whom they in, if, &c. may have agreed to name, or who may be determined by lot, as the case may be; and such umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person on each side as aforesaid, and consulted with the commissioners, shall decide thereupon finally and without appeal. The decision of the commissioners and of the umpire shall be given upon each claim in writing, shall designate whether any sum which may be allowed shall be payable in gold or in the currency of the United States, and shall be signed by them respectively. It shall be competent for each government to name one per to attend the comson to attend the commissioners as agent on its behalf, to mission on its behalf. present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof. Decisions to given in writing. be Esch Government may name one agent Decisions to be conclusive, and full The President of the United States of America and the President of the Mexican Republic hereby solemnly and sincerely engage to consider the decision of the commissioners conjointly, or absolutely final and of the umpire, as the case may be, as absolutely final and effect to be given conclusive upon each claim decided upon by them or him, respectively, and to give full effect to such decisions without any objec tion, evasion, or delay whatsoever. thereto. No claim to be It is agreed that no claim arising out of a transaction of a date prior to the 2d of February, 1848, shall be admissible considered arising under this convention. any transaction prior to Feb. 2, 1848. ARTICLE III. sented within eight unless, &c. Every claim shall be presented to the commissioners within eight months from the day of their first meeting, unless in any Claims to be precase where reasons for delay shall be established to the sat- months of the day of isfaction of the commissioners, or of the umpire in the event their first meeting, of the commissioners differing in opinion thereupon, and then and in any such case the period for presenting the claim may be extended to any time not exceeding three months longer. Time not to be ex tended for over three months longer. upon avery The commissioners shall be bound to examine and decide upon every claim within two years and six months from the day of their Commissioners to first meeting. It shall be competent for the commissioners decide claim within what conjointly, or for the umpire if they differ, to decide in each time. case whether any claim has or has not been duly made, preferred, and laid before them, either wholly or to any and what extent, according to the true intent and meaning of this convention. ARTICLE IV. The awards in favor of the citizens of one country to be deductfrom those in favor of the citizens ed When decisions shall have been made by the commissioners and the arbiter in every case which shall have been laid before them, the total amount awarded in all the cases decided in favor of the citizens of the one party shall be deducted from the total amount awarded to the citizens of the other party, and the balance, to the amount of three hundred thousand dollars, shall be paid at the city of Mexico or at the city of Washington, in gold or its equivalent, within twelve months of the other country. and the balance, to the in &c. from the close of the commission, to the government in favor of whose citizens the greater amount may have been awarded, without interest or any other deduction than that specified in Article VI of this convention. The residue of the said balance shall be paid in balance, when and annual instalments to an amount not exceeding three hundred thousand dollars, in gold or its equivalent, in any one year until the whole shall have been paid. The residue of the how to be paid. This final settlement of exchange of the ratifications hereof. ARTICLE V. The high contracting parties agree to consider the result of the procommission ceedings of this commission as a full, perfect, and final setto make a full and tlement of every claim upon either government arising out all claims prior to the of any transaction of a date prior to the exchange of the ratifications of the present convention; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be considered and treated as finally settled, barred, and thenceforth inadmissible. ARTICLE VI. The commissioners and the umpire shall keep an accurate record and Records of the correct minutes of their proceedings, with the dates. For Proceedings of the that purpose they shall appoint two secretaries versed in commission. Secretaries. Salaries. the language of both countries to assist them in the transaction of the business of the commission. Each government shall pay to its commissioner an amount of salary not exceeding forty-five hundred dollars a year in the currency of the United States, which amount shall be the same for both governments. The amount of compensation to be paid to the umpire shall be determined by mutual consent at the close of the commission, but necessary and reasonable advances may be made by each government upon the joint recommendation of the commission. The salary of the secretaries shall not exceed the sum of twenty-five hundred dollars a year in the currency of the United States. The whole expenses of the commission, to be deducted from including contingent expenses, shall be defrayed by a ratable not to exceed five deduction on the amount of the sums awarded by the commission, provided always that such deduction shall not exceed five per cent. on the sums so awarded. The deficiency, if any, shall be defrayed in moieties by the two governments. Whole expenses sums awarded, but per cent. thereof. ARTICLE VII. The present convention shall be ratified by the President of the United Ratifications, when States, by and with the advice and consent of the Senate to be exchanged. thereof, and by the President of the Mexican Republic, with the approbation of the Congress of that Republic; and the ratifications shall be exchanged at Washington within nine months from the date hereof, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Signature. Done at Washington, the fourth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. WILLIAM H. SEWARD. M. ROMERO. L. S. [L. S.] MEXICO, 1868. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF MEXICO, FOR REGULATING THE CITIZENSHIP OF EMIGRANTS. CONCLUDED JULY 10, 1868; RATIFICATIONS EXCHANGED FEBRUARY 1, 1869; PROCLAIMED FEBRUARY 1, 1869. Contracting parties. The President of the United States of America and the President of the Republic of Mexico, being desirous of regulating the citizenship of persons who emigrate from Mexico to the United States of America, and from the United States of America to the Republic of Mexico, have decided to treat on this subject, and with this object have named as Plenipotentiaries, the President of the United States, William H. Seward, Secretary of State; and the President of Mexico, Matias Romero, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Republic of Mexico near the Government of the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. in the other, to be citizens of such other Those citizens of the United States who have been made citizens of the Mexican Republic by naturalization, and have resided, Citizens of the one without interruption, in Mexican territory five years, shall country naturalized be held by the United States as citizens of the Mexican held and treated as Republic, and shall be treated as such. Reciprocally, citi- country. zens of the Mexican Republic who have become citizens of the United States, and who have resided uninterruptedly in the territory of the United States for five years, shall be held by the Republic of Mexico as citizens of the United States, and shall be treated as such. ration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. This article shall apply as well to those already naturalized in either of the countries contracting as to those hereafter naturalized. ARTICLE II. The decla Declaration of in tention to become a citizen not to have the effect of naturalization. Naturalized citizens returning to Naturalized citizens of either of the contracting parties, on return to the territory of the other, remain liable to trial and punishment for an action punishable by the laws of his original original country, liacountry, and committed before his emigration; saving al- ble to trial for of ways the limitations established by his original country. fore emigration. ARTICLE III. fences committed be Convention of De the extradition The convention for the surrender in certain cases of criminals, fugitives from justice, concluded between the United States of America of the one part, and the Mexican Republic on the other part, on the eleventh day of December, one thousand eight hundred and sixty-one, shall remain in full force without any alteration. ARTICLE IV. cember 11, 1961, for fugitives from justice force. to remain in full If a citizen of the United States naturalized in Mexico renews his residence in the United States without the intent to return Naturalization, how to Mexico, he shall be held to have renounced his naturali- may be renounced. zation in Mexico. Reciprocally, if a Mexican naturalized in the United States renews his residence in Mexico without the intent to return to the United States, he shall be held to have renounced his naturalization in the United States. When the intent The intent not to return may be held to exist when the person naturalized in the one country resides in the other country more not to return may than two years, but this presumption may be rebutted by evidence to the contrary. be held to exist. When this conven tion shall take effect and how long remain in force. ARTICLE V. The present convention shall go into effect immediately on the exchange of ratifications, and it shall remain in full force for ten years. If neither of the contracting parties shall give notice to the other six months previously of its intention to terminate the same, it shall further remain in force until twelve months after either of the contracting parties shall have given notice to the other of such intention. to be exchanged, ARTICLE VI. The present convention shall be ratified by the President of the United Ratifications, when States, by and with the advice and consent of the Senate thereof, and by the President of the Mexican Republic, with the approval of the Congress of that republic, and the ratifications shall be exchanged in Washington within nine months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this convention at the city of Washington, this tenth day of July, in the year of our Lord one thousand eight hundred and sixty-eight. WILLIAM H. SEWARD. [L. S. [L. S.] The treaty of Guadalupe Hidalgo did not protect the rights of property of Mexican citizens in the former Republic of Texas. (McKinney vs. Saviego, 18 Howard, 235.)] MEXICO, 1871. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF MEXICO FOR EXTENSION OF THE DURATION OF THE JOINT COMMISSION FOR SETTLEMENT OF CLAIMS. SIGNED APRIL 19, 1871; RATIFICATIONS EXCHANGED FEBRUARY 8, 1872; PROCLAIMED FEBRUARY 8, 1872. Whereas a convention was concluded on the 4th day of July, 1868, between the United States of America and the United States of Mexico, for the settlement of outstanding claims that have originated since the signing of the treaty of Guadalupe Hidalgo, on the 2d of February, 1848, by a mixed commission limited to endure for two years and six months from the day of the first meeting of the commissioners; and whereas doubts have arisen as to the practicability of the business of the said commission being concluded within the period assigned: The President of the United States of America and the President of the United States of Mexico are desirous that the time originally Contracting parties. fixed for the duration of the said commission should be extended, and to this end have named Plenipotentiaries to agree upon the best mode of effecting this object that is to say: The President of the United States of America, Thomas H. Nelson, accredited as Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Mexican Republic; and the President of the United States of Mexico, Manuel Azpiroz, Chief Clerk and in charge of the Ministry of Foreign Relations of the United States of Mexico; who, after having presented their respective powers, and finding them sufficient and in due form, have agreed upon the following articles: ARTICLE I. tlement of claims The high contracting parties agree that the term assigned in the convention of the 4th of July, 1868, above referred to, for the Duration of joint duration of the said commission, shall be extended for a commission for settime not exceeding one year from the day when the func- extended for one tions of the said commission would terminate according to the convention referred to, or for a shorter time if it should be deemed sufficient by the commissioners, or the umpire in case of their disagreement. year. It is agreed that nothing contained in this article shall in anywise alter or extend the time originally fixed in the said convention for the presentation of claims to the mixed commission. ARTICLE II. When this conven. The present convention shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possible. tion is to be ratified. In witness whereof the above-mentioned Plenipotentiaries have signed the same and affixed their respective seals. Done in the city of Mexico the 19th day of April, in the year one thousand eight hundred and seventy-one. Signature. |