1 charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with respect to such articles shall be duly respected. ARTICLE VII. Extradition may be refused when the penalty or right of action for the crime imputed to the person claimed shall have become barred by limitation according to the laws of the country in which he is seeking refuge. ARTICLE VIII. If the accused or convicted party whose extradition is demanded by one of the high contracting parties in accordance with the present treaty should also be claimed by another or other governments as a result of crimes committed within their respective territories, he shall be delivered to the government of the country in which he shall have committed the gravest crime; provided that the government from which extradition is sought is not bound by treaty to give preference otherwise. ARTICLE IX. If the person claimed should be under trial for a crime or offense committed in the country in which he is seeking refuge, his extradition shall be deferred until the trial he is undergoing is concluded, or until he suffers the penalty imposed upon him. The same shall happen if he is serving a previous sentence at the time his extradition is demanded. ARTICLE X. The obligation to grant extradition shall not in any case extend to the citizens of the two parties, but the executive authority of each shall have power to deliver them up, if, in its discretion, it is deemed proper to do so. ARTICLE XI. The Government of the United States and that of Uruguay agree to notify each other of the result of the trials of all persons surrendered under this treaty. ARTICLE XII. The provisions of the present treaty shall not apply to crimes or offenses committed prior to its date. ARTICLE XIII. The present treaty may be denounced by either of the high contracting parties by giving notice one year in advance. ARTICLE XIV. The present treaty shall be ratified and its ratifications exchanged at as early a day as possible. In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and Spanish languages, and hereunto affixed their seals. Done in duplicate, at the City of Washington this 11th day of March, one thousand nine hundred and five. 1908. JOHN HAY [SEAL EDo ACEVEDO DÍAZ. [SEAL] NATURALIZATION CONVENTION. Signed at Montevideo, August 10, 1908; ratification advised by the Senate, December 10, 1908; ratified by the President, December 26, 1908; ratifications exchanged at Montevideo, May 14, 1909; proclaimed, June 19, 1909. I. Naturalization recognized. IV. Liability for prior offenses. ARTICLES. V. Declaration of intention. VII. Ratification. Naturalization Convention between the United States of America and the Oriental Republic of Uruguay. The President of the United States of America and the President of the Oriental Republic of Uruguay, desiring to regulate the citizenship of those persons who emigrate from the United States to Uruguay, or from Uruguay to the United States, have resolved to conclude a convention on this subject and for that purpose have appointed their Plenipotentiaries, to wit: The President of the United States: Edward C. O'Brien, Envoy Extraordinary and Minister Plenipotentiary of the United States in Uruguay; The President of Uruguay: Antonio Bachini, Minister for Foreign Affairs of Uruguay; Who, after the mutual communication of their respective full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. Citizens of the United States who may be or shall have been naturalized in the Republic of Uruguay upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Uruguay. Reciprocally, Uruguayans who may be or shall have been naturalized in the United States, upon their own application or by their own consent, will be considered by the Republic of Uruguay as citizens of the United States. ARTICLE ILI If a Uruguayan, naturalized in the United States, renews his residence in Uruguay, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if an American, naturalized in Uruguay, renews his residence in the United States, without intent to return to Uruguay, he may be held to have renounced his naturalization in Uruguay. The intent not to return may be held to exist when the person naturalized in one country resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary. ARTICLE III. It is mutually agreed that the definition of the word citizen as used in this convention, shall be held to mean a person to whom nationality of the United States or Uruguay attaches. ARTICLE IV. A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal punishment for an action. punishable by the laws of his original country and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment. ARTICLE V. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of citizenship legally acquired. ARTICLE VI. The present convention shall remain in force for ten years from the date of the exchange of ratifications; and unless one of the contracting parties shall notify the other of its intention to terminate it one year before the expiration of that period, the said treaty shall continue in force from year to year until the expiration of one year after official notice shall have been given by either of the contracting governments of a purpose to terminate it. ARTICLE VII. The present treaty shall be submitted to the approval and ratifica tion of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at Montevideo as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the foregoing articles, and have affixed their seals. Done in duplicate at the City of Montevideo, in the English and Spanish languages this tenth day of August, one thousand nine. hundred and eight. [SEAL.] [SEAL.] EDWARD C. O'BRIEN ANTONIO BACHINI VENEZUELA. 1836. TREATY OF PEACE, AMITY, COMMERCE, AND NAVIGATION. Concluded January 20, 1836; ratification advised by the Senate March 23, 1836; ratified by the President April 20, 1836; ratifications exchanged May 31, 1836; proclaimed June 30, 1836. The United States of America and the Republic of Venezuela, desiring to make lasting and firm the friendship and good understanding which happily prevails between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on John G. A. Williamson, a citizen of the said States, and their Chargé d'Affaires to the said Republic, and the President of the Republic of Venezuela on Santos Michelena, a citizen of the said Republic; who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles: ARTICLE I. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic • Pursuant to notice from Venezuela, this convention terminated January 3, 1851. of Venezuela, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places. ARTICLE II. The United States of America and the Republic of Venezuela, desiring to live in peace and harmony with all the other 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 III. The two high contracting parties being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equallity and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures and merchandize; and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens do or shall enjoy, submitting themselves to the laws, decrees and 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 IV. They likewise agree that whatever kind of produce, manufactures, or merchandize, 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 Venezuela; 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 the vessels of the one country or of the other. And, in like manner, that whatever kind of produce, manufactures, or merchandize, of any foreign country, can be from time to time lawfully imported into the Republic of Venezuela, 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 vessels and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that whatever may be lawfully exported or re-exported from the 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 reexportation be made in vessels of the United States or of the Republic of Venezuela. |