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sory process requiring the presence of such consular officer as a witness may be issued.

5th. In order that the dwellings of consuls may be easily and generally known for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and to place over their doors the coat of arms of the nation in whose service the consul may be, with an inscription expressing the functions discharged by him.

Art. 36th, Consuls shall not give passports to any individual of their nation, or going to their nation, who may be held to answer before any authority, court, or judge of the country for delinquencies committed by them, or for a demand which may have been legally acknowledged, provided that in each case proper notice thereof shall have been given to the consul.

Art. 37th. The United States of America and the Republic of Salvador, desiring to make as durable as possible the relations which are to be established by virtue of this treaty, have declared solemnly, and do agree to the following points:

1st. This treaty is concluded for the term of ten years, dating from the exchange of the ratifications; and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations of said treaty, it shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place.

2nd. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation.

3rd. If, unfortunately, any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other, on complaints of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of national right.

Art. 38th. The treaty between the United States of America and the Republic of Salvador of the second day of January, one thousand eight hundred and fifty*), is hereby abrogated, and the stipulations of the preceding treaty are substituted therefor.

Art. 39th. This treaty 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 Washington, within the space of twelve months.

*) V. N. R. G. XV. 68.

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 San Salvador, this sixth day of December, in the year of our Lord one thousand eight hundred and seventy. Alfred T. A. Torbert. Grego. Arbizú.

27.

ÉQUATEUR, ÉTATS-UNIS D'AMÉRIQUE.

Convention de naturalisation signée à Washington, le 6 mai

1872*).

Imprimé officiel américain.

Texte anglais.

The United States of America and the Republic of Ecuador, being desirous of regulating the citizenship of persons who emigrate from Ecuador to the United States, and from the United States to the Republic of Ecuador, have decided to treat on this subject; and for this purpose have named their respective Plenipotentiaries, to wit: the President of the United States:

Hamilton Fish, Secretary of State,

and the President of the Republic of Ecuador:

Don Antonio Flores, accredited as Minister Resident of that Republic to 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:

Art. 1. Each of the two Republics shall recognize as naturalized citizens of the other, those persons who shall have been therein duly naturalized, after having resided uninterruptedly in their adopted country as long as may be required by its constitution or laws.

This article shall apply as well to those already naturalized in the countries of either of the contracting parties as to those who may be hereafter naturalized.

Art. II. If a naturalized citizen of either country shall renew his residence in that where he was born, without an intention of returning to that where he was naturalized, he shall be held to have reassumed the obligations of his original citizenship, and to have renounced that which he had obtained by naturalization.

* En anglais et en espagnol. Les ratifications ont été échangées à Washington, le 6 novembre 1878.

Art. III. A residence of more than two years in the native country of a naturalized citizen shall be construed as an intention on his part to stay there without returning to that where he was naturalized. This presumption, however, may be rebutted by evidence to the contrary.

Art. IV. Naturalized citizens of either country, on returning to that where they were born, shall be subject to trial and punishment according to the laws, for offences committed before their emigration, saving always the limitations established by law.

Art. V. A declaration of intention to become a citizen shall not have the effect of naturalization.

Art. VI. 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.

Art. VII. The present convention shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by the President of the Republic of Ecuador, with the approval of the Congress of that Republic, and the ratifications shall be exchanged at Washington within eighteen months from the date hereof.

In faith whereof the Plenipotentiaries have signed and sealed this convention at the city of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and seventy-two.

Hamilton Fish.

Antonio Flores.

28.

ÉQUATEUR, ÉTATS-UNIS D'AMÉRIQUE. Traité d'extradition signé à Quito, le 28 juin 1872*). Imprimé officiel américain.

Texte anglais.

The United States of America and the Republic of Ecuador, having deemed it conducive to the better administration of justice and the prevention of crime within their respective territories that all persons convicted of or accused of the crimes enumerated, below, being fugitives from justice, shall be, under certa in circumstances, reciprocally delivered

*) En anglais et en espagnol. Les ratifications ont été échangées à Quito, le 12 novembre 1873.

up, have resolved to conclude a treaty upon the subject; and the President of the United States has for this purpose named:

Rumsey Wing, a citizen of the United States, and their MinisterResident in Ecuador, as Plenipotentiary on the part of the United States, and the President of Ecuador has named:

Francisco Javier Leon, Minister of the Interior and of Foreign Affairs, as Plenipotentiary on the part of Ecuador;

who, having reciprocally communicated their full powers, and the same having been found in good and due form, have agreed upon the following articles, viz:

Art. 1st. The Government of the United States and the Government of Ecuador mutually agree to deliver up such persons as may have been convicted of or may be accused of the crimes set forth in the following article, committed within the jurisdiction of one of the contracting parties, and who may have sought refuge or be found within the territory of the other; it being understood that this is only to be done when the criminality shall be proved in such manner that, according to the laws of the country where the fugitive or accused may be found, such persons might be lawfully arrested and tried, had the crime been committed within its jurisdiction.

Art. 2nd. Persons convicted of or accused of any of the following crimes shall be delivered up, in accordance with the provisions of this treaty:

1st. Murder, including assassination, parricide, infanticide, and poisoning.

2d. The crime of rape, arson, piracy, und mutiny on ship-board when the crew, or a part thereof, by fraud or violence against the commanding officer, have taken possession of the vessel.

3d. The crime of burglary, this being understood as the act of breaking or forcing an entrance into another's house with intent to commit any crime; and the crime of robbery, this being defined as the act of taking from the person of another goods or money with criminal intent, using violence or intimidation.

4th. The crime of forgery, which is understood to be the wilful use or circulation of forged papers or public documents.

5th. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bankbills and securities, and in general of any kind of titles to or instruments of credit, the counterfeiting of stamps, dies, seals, and marks of the state and of the administrative authorities, and the sale or circulation thereof.

6th. Embezzlement of public property, committed within the jurisdiction of either party, by public officers or depositaries.

Art. 3rd. The stipulations of this treaty shall not be applicable to crimes or offences of a political character; and the person or persons delivered up, charged with the crimes specified in the foregoing article, shall not be prosecuted for any crime committed previously to that for which his or their extradition may be asked.

Art. 4th. If the person whose extradition may have been applied for, in accordance with the stipulations of the present treaty, shall have been arrested for offences committed in the country where he has sought refuge, or if he shall have been sentenced therefor, his extradition may be deferred until his acquittal, or the expiration of the term for which he shall have been sentenced.

Art. 5th. Requisitions for the extradition of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in case of the absence of these from the country or its capital, they may be made by superior consular officers. If the person whose extradition is asked for shall have been convicted of a crime, the requisition must be accompanied by a copy of the sentence of the court that has convicted him, authenticated under its seal, and an attestation of the official character of the judge who has signed it, made by the proper executive authority; also by an authentication of the latter by the Minister or Consul of the United States or Ecuador, respectively. On the contrary, however, when the fugitive is merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where the crime has been committed, and of any evidence in writing upon which such warrant may have been issued, must accompany the aforesaid requisition. The President of the United States, or the proper executive authority of Ecuador, may then order the arrest of the fugitive, in order that he may be brought before the judicial authority which is competent to examine the question of extradition. If, then, according to the evidence and the law, it be decided that the extradition is due in conformity with this treaty, the fugitive shall be delivered up, according to the forms prescribed in such cases.

Art. 6th. The expenses of the arrest, detention, and transportation of persons claimed shall be paid by the Government in whose name the requisition shall have been made.

Art. 7th. This treaty shall continue in force for ten (10) years from the day of the exchange of ratifications; but in case neither party shall have given to the other one (1) year's previous notice of its intention to terminate the same, then this treaty shall continue in force for ten (10) longer, and so on.

The present treaty shall be ratified, and the ratifications exchanged in the capital of Ecuador, within two months from the day on which the session of the coming Congress of Ecuador shall terminate, which will be years in October, 1873.

In testimony whereof the respective Plenipotentiaries have signed the present treaty in duplicate, and have hereunto affixed their seals.

Done in the city of Quito, capital of the Republic of Ecuador, this twenty-eighth day of June, one thousand eight hundred and seventy-two. Rumsey Wing.

Francisco Javier Leon.

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