Page images
PDF
EPUB

respect of which bis surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character.

No person surrendered by either of the High Contracting Parties to the other shall be triable or tried, or be punished, for any political crime or offence, or for any act connected therewith, committed previously to his extradition.

If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the Government on which the demand for surrender is made, or which may bave granted the extradition, shall be final.

VII. Extradition shall not be granted in pursuance of the provisions of this Treaty, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed.

VIII. If the person claimed is accused or sentenced in the country where he may have taken refuge for a crime or misdemeanour committed in that country, his delivery may be delayed until the definitive sentence releasing him be pronounced, or until such time as he may have complied with the punishment inflicted on him in the country wherein he took refuge.

IX. No person surrendered by either of the High Contracting Parties to the other shall, without the consent of the Government which surrendered him, be triable, or tried, or be punished for any crime or offence committed prior to his extradition other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered.

X. All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offence, sball, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.

XI. If the individual clained by one of the High Contracting Parties, in pursuance of the present Treaty, shall also be claimed by one or several others on account of crimes or offences committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received: Provided that the Government from which extradition is sought is not bound by Treaty to give preference otherwise.

XII. The expenses incurred in the arrest, detention, examination

and delivery of fugitives under this Treaty shall be borne by the State in whose name the extradition is sought: Provided that the demanding Government shall not be compelled to bear any expense for the services of such public officers of the Government from which extradition is sought as receive a fixed salary; and provided that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

XIII. The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively.

The ratifications of the present Treaty shall be exchanged at Lima as soon as possible, and it shall remain in force for a period of six months after either of the Contracting Governments shall have given notice of a purpose to terminate it.

In witness whereof the respective Plenipotentiaries have signed the above Articles, both in the English and Spanish languages, and have hereunto affixed their seals.

Done in duplicate, at the city of Lima, this 28th day of November, in the year of our Lord 1899.

(L.S.) IRVING B. DUDLEY (L.S.) M. M. GÁLVEZ.

DECREE of the Queen-Regent of Spain, for the Abolition of

the Ministry of the Colonies.Madrid, April 25, 1899.

(Translation.)

On the proposal of the President of the Council of Ministers, and with the consent of the same, in the name of my august son King Alfonso XIII, and as Queen-Regent of the Kingdom, I decree the following:

ART. 1. The Ministry of the Colonies is abolished from the date of the present Decree. The business and duties under its charge are incorporated with the corresponding Ministerial Departments, in the following manner:

Under the Presidency of the Council of Ministers fall all matters referring to the government and administration of the Colony of Fernando Po and the Canary, Mariana, and Pelew Islands, as well as matters relative to the political section of the abolished Ministry. Under the Ministry of Grace and Justice fall all matters con

pected with the Ecclesiastical Order, as well as those incidental to the administration of justice, registration, property, and notarial functions.

Under the Ministry of Finance fall such matters as are connected with taxation, duties, and the funds of the Islands of Cuba, Puerto Rico, and the Philippines ; as also the winding up of their respective estimates, the debts issued and awaiting recognition, liquidation, and conversion, the State debts awaiting payment, and the loans and pensions that should be liquidated by these Treasuries.

Under the Ministry of Public Works (“Fomento ") fall the archives of the Indies, the Colonial Library, and the Library of the abolished Ministry, under the conditions provided for in respect to the vecessary liabilities, under Articles 2, 3, and 5 of the Royal Decree of the 10th February last.

Under the same Ministry fall all inatters relative to public instruction, agriculture, industry, commerce, agreements with the Transatlantic Company, transport by land, public works, mines and forests, and cable establishments or installations.

Under the Ministry of the Home Department (“Gobernacion") fall all matters connected with communications, telegraphs, telephones, local, provincial and municipal administration, charity and health, as well as matters connected with prisoners deported for political reasons.

2. The duties and services mentioned in the previous Article, incorporated with the Presidency of the Council, the Ministries of Grace and Justice, Public Works, and Home Office will be distributed and arranged in the manner agreed upon by the Ministers and Heads of Departments.

The matters handed over to the Ministry of Finance will continue to be dispatched until some other arrangement is made by the Director of Finance of the suppressed Ministry. This Office is incorporated with the Ministry of Finance under the name of Director-General of Colonial Affairs (“Direccion-General de los Asuntos de Ultramar"). The archives of this Office will form a section of this Ministry until the classifications provided for by Article 4 of the Royal Decree of the 10th February last are made.

3. The respective Ministers, in so far as concerns the duties intrusted to their offices, will have the same powers and responsibilities as were held by the Colonial Minister under the laws, decrees, regulations, and other dispositions by which the respective branches of his Department were regulated. The contracts for public services in course of execution are included under these heads.

4. The Director of Colonial Affairs (“ Direccion de los Asuntos de Ultramar") will immediately place at the disposition of the

respective Departments the cases and other matters in course of examination, as well as those that have been definitely decided, but remain in the Departments under his charge. In like manner he will forward to the said Departments such matters, data, and documents from the archives under his charge, as may be necessary for the dispatch of matters dealt with under Article 1. The abovementioned Departments may communicate directly with the Director in question.

5. When the decision of any case handed over to the Presidency of the Council, or to the Ministries of Grace and Justice, “Fomento," or Home Office, necessitates any payment which cannot be included in their respective estimates, they will immediately inform the Minister of Finance, supplying him with the data necessary for his decision.

6. The President of the Council will settle any doubt that may arise in the execution of the present Decree, and will in due course inform the Cortes of the same. Given at the Palace on the 25th April, 1899.

MARIA CRISTINA. FBANCISCO SILVELA, President of the Council of Ministers.

EXECUTIVE ORDER by the President of the United States

relative to the Registration of Hawaiian Vessels.- Washington, September 18, 1899.

In the exercise of the power conferred upon him by the Joint Resolution of Congress, approved by the President on the 7th July, 1898,* entitled “Joint Resolution to provide for Annexing the Hawaiian Islands to the United States,” the President of the United States hereby directs that the issue of registers to vessels by the authorities of Hawaii, entitling such vessels to all the rights and privileges of Hawaiian vessels in the ports of nations or upon the bigh seas, shall hereafter cease.

In witness whereof I have caused the seal of the United States to be hereunto affixed. Washington, 18th September, 1899.

(L.S.) WILLIAM MOKINLEY. By the President: ALVEY A. ADEE, Acting Secretary of State.

* Vol. XC, page 1250.

CONVENTION of Commerce between the Netherlands and

Roumania.Signed at the Hague, March , 1999.

[Ratifications exchanged at the Hague, December 22, 1899.]

Sa Majesté la Reine des Pays-Bas et Sa Majesté le Roi de Roumanie, animés du même désir de consolider les liens d'amitié et de développer les rapports cominerciaux entre les deux États, ont résolu de conclure à cet effet une Convention et ont nommé pour leurs Plénipotentiaires, savoir:

Sa Majesté la Reine des Pays-Bas, M. Willem Hendrik de Beaufort, Chevalier de l'Ordre du Lion Néerlandais, &c.; son Ministre des Affaires Étrangères ;

Sa Majesté le Roi de Roumanie, M. Jean N. Papiniu, Commandeur des Ordres de l'Étoile et de la Couronne de Roumanie, &c., son Envoyé Extraordinaire et Ministre Plénipotentiaire près la Cour Royale des Pays-Bas ;

Lesquels, après s'être communiqué leurs pleins-pouvoirs, trouvés en bonne et due forme, sont convenus des stipulations suivantes :

ART. I. Les ressortissants, les navires et les marchandises produits du sol et de l'industrie de chacune des Hautes Parties Contractantes jouiront dans les territoires de l'autre des privilèges, immunités ou avantages quelconques accordés à la nation étrangère la plus favorisée.

Il est entendu toutefois que la stipulation qui précède ne déroge en rien aux lois, ordonnances, et règiements spéciaux en matière de commerce, d'industrie, de police, et de sûreté générale en vigueur dans chacun des deux pays et applicables à tous les étrangers en général.

11. Tous les objets produits du sol et de l'industrie des PaysBas qui seront importés en Roumanie, et tous les objets produits du sol et de l'industrie de la Roumanie qui seront importés dans les Pays-Bas, destinés soit à la consommation, soit à l'entreposage, soit à la réexportation, soit au transit, seront soumis pendant la durée de cette Convention au même traitement et nommément ne seront passibles de droits ni plus élevés ni autres que les produits ou les marchandises de la nation étrangère la plus favorisée.

A l'exportation pour les Pays-Bas il ne sera perçu en Roumanie et à l'exportation pour la Roumanie il ne sera perçu dans les PaysBas des droits de sortie autres ni plus élevés qu'à l'exportation des mêmes objets pour le pays le plus favorisé à cet égard.

Chacune des Hautes Parties Contractantes s'engage à faire profiter l'autre immédiatement de toute faveur, de tous privilèges ou abaissements de droits qu'elle a déjà accordés ou pourrait

« PreviousContinue »