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EXCHANGE OF NOTES.

[Secretaría de Relaciones Exteriores. No. 333, B.]

REPUBLICA DE COSTA RICA, San José, 10 de noviembre de 1922. SEÑOR MINISTRO: Tengo la honra de informar a Vuestra Excelencia que he recibido instrucciones del señor Presidente de la República para hacer la manifestación, de parte del Gobierno de Costa Rica, con referencia al Tratado de Extradición que Vuestra Excelencia y el suscrito acaban de firmar, de que es entendido que el Gobierno de los Estados Unidos de América asegura que la pena capital no se aplicará a los criminales entregados por Costa Rica a los Estados Unidos de América, por cualquiera de los crímenes enumerados an dicho Tratado, y que esa seguridad formará efectivamente parte del Tradado y así se mencionará en su ratificación.

Aprovecho esta oportunidad para reiterar a Vuestra Excelencia el testimonio de mi màs distinguida consideración.

J. A. CORONADO.

Excmo. Señor Roy T. DAVIS,
Enviado Extraordinario Ministro Plenipotenciario

de los Estados Unidos de América, San Jose.

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[Ministry of Foreign Relations. No. 333-B. Translation.]
REPUBLIC OF COSTA RICA,

San Jose, November 10, 1922.

Mr. MINISTER: I have the honor to inform your excellency that I have received instructions from the President of the Republic to make the statement, on behalf of the Government of Costa Rica, with reference to the treaty of extradition which your excellency and the undersigned have just signed, that it is understood that the Government of the United States of America assures that the death penalty will not be applied to criminals delivered by Costa Rica to the United States for any of the crimes enumerated in the said treaty, and that such assurance will form, in effect, part of the treaty and will be so mentioned in the ratifications.

I avail myself of this occasion to reiterate to your excellency the assurance of my most distinguished consideration.

J. A. CORONADO.

Most Excellent Mr. Roy T. DAVIS,
Envoy Extraordinary and Minister Plenipotentiary

of the United States of Âmerica, Šan Jose.

[No. 63.]

LEGATION OF THE UNITED STATES OF AMERICA,

San Jose, Costa Rica, November 10, 1922. EXCELLENCY: In signing to-day with the Secretary of State for Foreign Affairs of the Republic of Costa Rica the extradition treaty which was negotiated between the Government of the United States and that of Costa Rica, the undersigned envoy extraordinary and

minister plenipotentiary of the United States of America has the honor to acknowledge and to take cognizance of the note of the Secretary of State for Foreign Affairs of this day's date, stating that he desires to place on record, on behalf of the Costa Rican Government, its understanding that the Government of the United States assures that the death penalty will not be enforced against criminals delivered by Costa Rica to the United States for any of the crimes enumerated in the said treaty, and that such assurance is, in effect, to form part of the treaty and will be so mentioned in the ratifications of the treaty.

In order to make this assurance in the most effective manner possible, it is agreed by the United States, that no person charged with crime shall be extraditable from Costa Rica upon whom the death penalty can be inflicted for the offense charged by the laws of the jurisdiction in which the charge is pending.

This agreement on the part of the United States will be mentioned in the ratifications of the treaty and will in effect form part of the treaty.

I avail myself of this occasion to renew to your excellency the assurance of my highest and most distinguished consideration.

Roy T. DAVIS.

His Excellency Señor don JosÉ ANDRÉS CORONADO,

Secretary of State for Foreign Affairs, San Jose.

DENMARK.

1914.

TREATY FOR THE ADVANCEMENT OF PEACE.

Signed at Washington April 17, 1914; ratification advised by the Senate September 30, 1914; ratified by the President January 14, 1915; ratified by Denmark November 21, 1914; ratifications exchanged at Washington January 19, 1915; proclaimed January 20, 1915.

(Treaty Series No. 608; 38 Statutes at Large, 1883.)

ARTICLES.

I. All disputes not settled by diplomacy or arbitration to be reported upon by commission before resort to hostilities.

II. Composition, appointment, procedure of commission.

III. Pledge to refer disputes; initiative of commission; time for completing report.

IV. Effect of report.

V. Ratification; duration.

The United States of America and His Majesty the King of Denmark being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipotentiaries:

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

His Majesty the King of Denmark: Mr. Constantin Brun, His Chamberlain and Envoy Extraordinary and Minister Plenipotentiary to the United States.

Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles:

ARTICLE I.

The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail_to adjust, shall be submitted for investigation and report to an International Commission, to be constituted in the manner prescribed in the next succeeding article: and they agree not to declare war or begin hostilities during such investigation and report.

ARTICLE II.

The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by

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each Government from some third country; the fifth member shall be chosen by common agreement between the two Governments. It is understood that the fifth member of the Commission shall not be a citizen of either country. The expenses of the Commission shall be paid by the two Governments in equal proportion.

The International Commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment.

Unless otherwise agreed between the parties the procedure of the International Commission shall be regulated by the prescriptions contained in the Convention signed at The Hauge on October 18, 1907, for the peaceful settlement of international disputes, Chapter III.

ARTICLE III.

In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their cooperation in the investigation.

The High Contracting Parties agree to furnish the Permanent International Commission with all the means and facilities required for its investigation and report.

The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties shall extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third retained by the Commission for its files.

ARTICLE IV.

The High Contracting Parties agree that, upon the receipt of the report of the International Commission as provided in Article III, they will immediately endeavor to adjust the dispute directly between them upon the basis of the Commission's findings. The High Contracting Parties, however, reserve the right to act independently on the subject matter of the dispute after the report of the Commission shall have been submitted.

ARTICLE V.

The present treaty 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 His Majesty the King of Denmark. The ratifications shall be exchanged at Washington as as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the High Contracting Parties shall have given notice to the other of an intention to terminate it..

29479-S. Doc. 348. 67-47

In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals.

Done in duplicate in the English and Danish languages at Washington this 17th day of April, in the year 1914. WILLIAM JENNINGS BRYAN C. BRUN

[SEAL.] [SEAL.]

1916.

CONVENTION FOR THE CESSION TO THE UNITED STATES OF THE DANISH WEST INDIES.

Signed at New York August 4, 1916; ratification advised by the Senate September 7, 1916; ratified by the President January 16, 1917; ratified by Denmark December 22, 1916; ratifications exchanged at Washington January 17, 1917; proclaimed January

25, 1917.

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The United States of America and His Majesty the King of Denmark being desirous of confirming the good understanding which exists between them, have to that end appointed as Plenipotentiaries: The President of the United States:

Mr. Robert Lansing, Secretary of State of the United States, and His Majesty the King of Denmark:

Mr. Constantin Brun, His Majesty's Envoy extraordinary and Minister plenipotentiary at Washington,

who, having mutually exhibited their full powers which were found to be in due form, have agreed upon the following articles:

ARTICLE 1.

His Majesty the King of Denmark by this convention cedes to the United States all territory, dominion and sovereignty, possessed, asserted or claimed by Denmark in the West Indies including the Islands of Saint Thomas, Saint John and Saint Croix together with the adjacent islands and rocks.

This cession includes the right of property in all public, government, or crown lands, public buildings, wharves, ports, harbors, fortifications, barracks, public funds, rights, franchises, and privi

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