File No. 13468/2-3. Minister Dodge to the Secretary of State. No. 90, Salvadorean series.] AMERICAN LEGATION, San Salvador, May 23, 1908. SIR: I have the honor to inclose to you herewith a copy of an act of the National Legislative Assembly of El Salvador, promulgated by the executive of El Salvador on May 8, last, as well as an English translation of the same, approving in all its parts the executive decree, limiting the powers of representatives of foreign nations in El Salvador and the cases in which their intervention in judicial matters will be considered, et cetera, a copy and translation of which accompanied Mr. Gregory's dispatch No. 77, Salvadorean series, of April 21, last. H. PERCIVAL DODGE. I have, etc., [Inclosure. Translation.] The National Legislative Assembly of the Republic of El Salvador, in the exercise of the powers conferred on it by the constitution, decrees: Sole article. To approve in all its parts the decree of April 13 last, issued by the executive power, establishing the obligation on the part of the ministry for foreign affairs to denounce the treaties and conventions now in force by which the national sovereignty is in any way impaired, by conceding to the agents of foreign nations the exercise of judicial functions of a voluntary or contentious nature, within the territory of the Republic; to determine the force of notarial acts executed before them in this Republic and to establish other procedures in their acts in accordance with our laws and modern principles. Given in the Hall of Sessions of the legislative power, San Salvador, May 7, 1908. Signed at San Salvador, March 14, 1908. Ratification advised by the Senate, April 13, 1908. Ratified by the President, May 26, 1908. Ratified by Salvador, April 23, 1908. Ratifications exchanged at San Salvador, July 20, 1908. Proclaimed July 23, 1908. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Naturalization Convention between the United States of America and the Republic of Salvador, was concluded and signed by their respective Plenipotentiaries at San Salvador on the fourteenth day of March, one thousand nine hundred and eight, the original of which Convention, being in the English and Spanish languages, is word for word as follows: Convention to fix the condition of naturalized citizens who renew their residence in the country of their origin. The President of the United States of America and the President of the Republic of Salvador, desiring to regulate the citizenship of those persons who emigrate from the United States of America to Salvador, and from Salvador to the United States of America, have resolved to conclude a convention on this subject and for that purpose have appointed their plenipotentiaries to conclude a convention, that is to say: the President of the United States of America, John Hanaford Gregory, Jr., Chargé d'Affaires ad interim of the United States at Salvador; and the President of Salvador, señor doctor don Salvador Rodríguez González, Minister for Foreign Affairs, who have agreed to and signed the following Articles: ARTICLE I. Citizens of the United States who may or shall have been naturalized in Salvador, upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Salvador. Reciprocally, Salvadoreans who may or shall have been naturalized in the United States upon their own application or with their own consent, will be considered by the Republic of Salvador as citizens of the United States: ARTICLE II. If a Salvadorean, naturalized in the United States of America, renews his residence in Salvador, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States, naturalized in Salvador, renews his residence in the United States, without intent to return to Salvador, he may be presumed to have renounced his naturalization in Salvador. The intent not to return may be held to exist when the person naturalized in the 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 Salvador 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, and any other remission of liability to punishment. ARTICLE V. The declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization. ARTICLE VI. The present convention shall go into effect immediately on the exchange of ratifications, and in the event of either party giving the other notice of its intention to terminate the convention it shall continue to be in effect for one year more, to count from the date of such notice. The present convention shall be submitted to the approval and ratification of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at San Salvador or Washington within twenty-four months of the date hereof. Signed at the city of San Salvador, on the fourteenth day of March, one thousand nine hundred and eight. JOHN HANAFORD GREGORY Jr. [SEAL.] And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of San Salvador, on the twentieth day of July, one thousand nine hundred and eight; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, having caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be hereunto affixed. Done at the City of Washington this twenty-third day of July, in the year of our Lord one thousand nine hundred and eight, and of the Independence of the United States of America, the one hundred and thirty-third. THEODORE ROOSEVELT [SEAL] By the President: ALVEY A. ADEE Acting Secretary of State. SAN MARINO. EXTRADITION TREATY BETWEEN THE UNITED STATES AND THE REPUBLIC OF SAN MARINO. Signed at Rome, January 10, 1906. Ratification advised by the Senate, April 17, 1908. Ratified by the President, May 7, 1908. Ratified by Republic of San Marino, February 19, 1906. Ratifications exchanged at Rome, June 8, 1908. Proclaimed, June 12, 1908. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Treaty between the United States of America and the Republic of San Marino, providing for the mutual extradition of fugitives from justice, was concluded and signed by their respective Plenipotentiaries at Rome, Italy, on the tenth day of January, one thousand nine hundred and six, the original of which Treaty, being in the English and Italian languages, is word for word as follows: Treaty between the United States of America and the Republic of San Marino for the Mutual Extradition of Fugitive Criminals. The United States of America and the Republic of San Marino having judged it expedient with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with or convicted of the crimes and offences hereinafter enumerated, and being fugitive from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose and have appointed as their Plenipotentiaries: The President of the United States of America, His Excellency, Henry White, Ambassador Extraordinary and Plenipotentiary to the Kingdom of Italy; The Captains-Regent of the Republic of San Marino, His Excellency, Senator Cavaliere Gaspare Finali, Cavaliere of the Supreme Order of the S. S. Annunziata, etc. etc. Political Counsellor of the Republic of San Marino: 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 L The Government of the United States and the Government of San Marino mutually agree to deliver up persons who, having been charged, as principals or accessories, 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 had been there committed. ARTICLE II. 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 crime of parricide, assassination, poisoning and infanticide. 2. The attempt to commit murder. 3. Rape, or attempt to commit rape. Bigamy. Abortion. 4. Arson. 5. Piracy, or mutiny on shipboard whenever the crew, or part thereof, shall have taken possession of the vessel by fraud or by violence against the commander. 6. Larceny; the crime of burglary, defined to be the act 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 act of feloniously and forcibly taking from the person of another money or goods by violence or putting him in fear; and the corresponding crimes punished by the penal code of San Marino under the description of thefts committed in an inhabited house by night, and by breaking in by climbing or forcibly, and thefts committed with violence or by means of threats. 7. The crime of forgery, by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign, or governmental acts. 8. The fabrication or circulation of counterfeit money either coin or paper, or of counterfeit public bonds, coupons of the public debt, bank notes, obligations, or in general anything being a title or instrument of credit; the counterfeiting of seals and dies, impressions, stamps, and marks of State and public administrations, and the utterance thereof. 9. The embezzlement of public moneys committed within the jurisdiction of either party by public officers or depositaries. 10. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punishment by the laws of the place where it was committed, and the amount of money or the value of the property embezzled is not less than two hundred dollars or one thousand francs. 11. Wilful and unlawful destruction or obstruction of railroads which endangers human life. 12. Obtaining money, valuable securities or other property by false pretences, when such act is made criminal by the laws of both countries and the amount of money or the value of the property fraudulently obtained is not less than two hundred dollars or one thousand francs. 13. Kidnapping of minors. |