It shall be competent for such diplomatic or superior consular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of the fugitive.

If the fugitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the Court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced with such other evidence or proof as may be deemed competent in the case.

ARTICLE XII.

If, when a person accused shall have been arrested in virtue of the mandate or preliminary warrant of arrest, issued by the competent authority as provided in Article XI hereof, and been brought, before a judge or magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate at his discretion to hold the accused for a period not exceeding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if, at the expiration of said period of two months, such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on.

ARTICLE XIII.

In every case of a request made by either of the two Contracting Parties for the arrest, detention or extradition of fugitive criminals. the legal officers or fiscal ministry of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by every legal means within their or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, provided however, that any officer or officers of the surrendering Government so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for

services performed, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been preformed in ordinary criminal proceedings under the laws of the country of which they are officers.

ARTICLE XIV.

This Convention shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate the same on giving to the other six months notice of its intention to do so.

The ratifications of the present Treaty shall be exchanged at the City of Santo Domingo as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed the above articles, and have hereunto affixed their seals.

Done, in duplicate, at the City of Santo Domingo, this nineteenth day of June, one thousand nine hundred and nine.

[SEAL]

SEAL]

FENTON R. MCCREERY
E TEJERA BONETTI

1913.

NOTE OF THE SECRETARY OF STATE FOR THE INFORMATION AND GUIDANCE OF THE RECEIVER GENERAL OF DOMINICAN CUSTOMS APPROVING OF A LOAN TO THE DOMINICAN GOVERNMENT.

File No. 839.51/967.

Washington March 10, 1913.

(Foreign Relations, 1913, p. 466.)

The Secretary of State to the Secretary of War.

DEPARTMENT OF STATE, Washington, March 10, 1913. SIR: I have the honor to inform you that on March 1, 1913, the Minister for Foreign Affairs for the Dominican Republic addressed a note to the American Minister at Santo Domingo City, enclosing a copy of a contract made with the National City Bank of New York providing for a loan to the Dominican Republic of $1,500,000, and officially asked that the Government of the United States agree to the proposed increase of the Dominican public debt as provided in the Convention of February 8, 1907, between the two Governments, and the Minister for Foreign Affairs informed the American Minister that the Dominican Government agreed that the proceeds of the loan should be disbursed subject to such supervision as the Government of the United States might indicate.

The American Minister in acknowledging this note informed the Minister for Foreign Affairs, pursuant to the instructions of this Department, that:

The Government of the United States, pursuant to the terms of the Convention between the United States and the Dominican Republic of February 8,

Article III of the convention, Vol. I. p. 420.

1907, hereby agrees with the Government of the Dominican Republic that the Government of the Dominican Republic may increase its public debt to the amount of one million five hundred thousand dollars in accordance with the terms of the proposed contract with the National City Bank of New York, a copy of which has been transmitted to this Legation; provided, however, that all advances or disbursements of the proceeds of this loan shall be made only by check or order of the Minister of Finance of the Dominican Republic specifically reciting the proposed application of the disbursement, such check or order to be countersigned as providing for a proper expenditure by the Minister or Secretary of the Legation of the United States in the Dominican Republic, and by a person designated for this purpose by the Receiver General of Dominican Customs.

In view of the above, I have the honor to request that the appropriate telegraphic instructions be issued to the Receiver General of Dominican Customs.

The Department is now informed that the American Minister is bringing to the United States with him true copies of the correspondence exchanged between the Dominican Foreign Office and the American Legation, as well as a true copy of the loan contract as signed. So soon as these documents are received by the Department copies will be transmitted to you for your files. Meanwhile I have the honor to enclose herewith a copy of the contract and of the coupon note as they appear to be from information before this Department.

I have [etc.]

W. J. BRYAN.

'Not printed.

29479-S. Doc. 348, 67-4 -8

ECUADOR.

1909.

ARBITRATION CONVENTION.

Signed at Washington January 7, 1909; ratification advised by the Senate January 13, 1909; ratified by the President March 1, 1909; ratified by Ecuador November 5, 1909; ratifications exchanged at Washington June 22, 1910; proclaimed June 23, 1910.

(Treaty Series, No. 549; 36 Statutes at Large, 2456.)

I. Differences to be submitted.

II. Special agreement.

ARTICLES.

III. Duration.
IV. Ratification.

The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of Internatinal Dis putes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Ecuador, adherent to the said convention of July 29, 1899, and signatory of the said convention of October 18, 1907;

Taking into consideration that by Article XIX of the convention of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment;

Have authorized the undersiged to conclude the following Con

vention:

ARTICLE I.

Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplo macy, shall be referred to the Permanent Court of Arbitration established at The Hague by the convention of the 29th July, 1899, for the Pacific Settlement of International Disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties.

ARTICLE II.

In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the scope of the powers of the arbitrators, and the periods to be fixed

for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Ecuador shall be subject to the procedure required by the Constitution and laws thereof.

ARTICLE III.

The present Convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termination shall be given by either party.

ARTICLE IV.

The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Ecuador in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate, in the English and Spanish languages, at Washington, this seventh day of January, in the year one thousand nine hundred and nine. ELIHU ROOT [SEAL] L. F. CARBO [SEAL]

1914.

TREATY FOR THE ADVANCEMENT OF PEACE.

Signed at Washington October 13, 1914; ratification advised by the Senate October 20, 1914; ratified by the President January 4, 1916; ratified by Ecuador November 10, 1915; ratifications exchanged at Washington January 22, 1916; proclaimed January 24, 1916.

(Treaty Series, No. 622; 39 Statutes at Large, 1650.)

ARTICLES.

I. All disputes not settled by diplomacy or arbitration to be reported upon by commission before resort to any act of hostility.

III.

II. Composition, procedure, remuner-
ation of commission.
Initiative of reference; time and
effect of report.
IV. Ratification; duration.

The Governments of the United States of America and of the Republic of Ecuador, being desirous of once more contributing to the consolidation of their traditional policy of peace and amity and also to advance the diffusion of the spirit of universal peace, have resolved to enter into a special treaty and to that end have appointed as their plenipotentiaries:

The President of the United States of America: The Honorable William Jennings Bryan, Secretary of State; and