sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence and such sentence shall have been carried into effect.

tice.

ARTICLE XXVII.

The United States of America and the Republic of Venezuela, on Fugitives from jus requisitions made in their name through the medium of their respective Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact Evidence of crime. of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws.

ARTICLE XXVIII.

Persons shall be delivered up, according to the provisions of this conCrimes for which Vention, who shall be charged with any of the following surrender is allowed. crimes, to wit: murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder; rape; forgery; the counterfeiting of money; arson; robbery with violence, intimidation, or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.

ARTICLE XXIX.

On the part of each country the surrender shall be made only by the authority of the Executive thereof. The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.

Executive alone to surrender, &c.

Expenses, &c.

ARTICLE XXX.

The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character.

Not to apply to political offences,

Convention to continue eight years.

ARTICLE XXXI.

This convention is concluded for the term of eight years, dating from the exchange of the ratifications; and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the other to arrest the operations of said convention, it shall continue binding for twelve months longer, and so on, from year to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place.

Notice to terminate.

ARTICLE XXXII.

This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged at Caracas as soon as circumstances shall admit.

Ratifications.

In faith whereof the respective Plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, and they have hereunto affixed their seals.

Signature.

Done in duplicate, at the city of Caracas, this twenty-seventh day of August, in the year of our Lord one thousand eight hundred and sixty.

Date.

E. A. TURPIN.

[L. S.]

PEDRO DE LAS CASAS.

L. S.

VENEZUELA, 1866.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VENEZUELA. CONCLUDED AT CARACAS APRIL 25, 1866; RATIFICATIONS EXCHANGED APRIL 17, 1867; PROCLAIMED MAY 29, 1867.

The conclusion of a convention similar to those entered into with other republics, and by which the pending American claims upon Venezuela might be referred for decision to a mixed commission and an umpire, having been proposed to the Venezuelan Government on behalf of the United States of America, as a means of examining and justly terminating such claims; and it having been thought that the adoption of the contemplated course will secure at least some of the advantages attending arbitration, so strongly recommended in article the 112th of the Federal Constitution of Venezuela, while it will preserve unimpaired, as reciprocally desired, the good understanding of both nations: The Citizen First Vice-President in charge of the Presidency has accepted the above proposal, and authorized the Minister for Foreign Relations to negotiate and sign the proper convention. Thereupon said Minister and Mr. E. D. Culver, Minister Resident of the United States of America, also duly empowered for that purpose, have agreed upon the following articles of convention :

ARTICLE I.

Contracting parties.

Claims upon Vene

Commissioners,

All claims on the part of corporations, companies, or individuals, citizens of the United States, upon the Government of Venezuela, which may have been presented to their Government, or to zuela. its legation in Caracas, shall be submitted for examination and decision. to a mixed commission, consisting of two members, one of whom shall be appointed by the Government of the United how appointed. States, and the other by that of Venezuela. In case of death, absence, resignation, or incapacity of either of the Commissioners, or in the event of either of them omitting or ceasing to act, the Government of the United States or that of Venezuela, respect- filled. ively, or the Minister of the United States in Caracas, by authority of his Government, shall forthwith proceed to fill the vacancy.

Vacancies, &c., how

Commissioners to

where.

To take oath.

The Commissioners so named shall meet in the city of meet, when and Caracas within four months from the exchange of the ratifications of this convention; and, before proceeding to business, they shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims submitted to them, and such oath shall be entered on the record of their proceedings. The Commissioners shall then proceed to appoint an Umpire to decide upon any case or cases concerning which they may disagree, or upon any point of difference that may arise in the course of their proceedings. And if they cannot agree in the selection, the Umpire shall be named by the Diplomatic Representative either of Switzerland or of Russia, in Washington, on the previous invitation of the high contracting parties.

To select an Umpire.

Umpire.

ARTICLE II.

Commissioners to examine claims.

So soon as the Umpire shall have been appointed, the Commissioners shall proceed, without delay, to examine the claims which may be presented to them under this convention; and they shall, if required, hear one person in behalf of each Government on every Papers and docu- separate claim. Each Government shall furnish, on request of either Commissioner, all such documents and papers in its possession, as may be deemed important to the just determination of any claim.

ments.

Award of indem

In cases where they agree to award an indemnity, they shall determine the amount to be paid, and issue certificates of the same. nity and certificates. In cases when the Commissioners cannot agree, the points of Proceedings if difference shall be referred to the Umpire, before whom each of the Commissioners may be heard, and whose decision

Commissioners do

not agree.

shall be final.

Decision of the

The Commissioners shall make such decision as they shall deem, in reference to such claims, conformable to justice, even though Commissioners. such decisions amount to an absolute denial of illegal pretensions, since the including of any such in this convention is not to be understood as working any prejudice in favor of any one, either as to principles of right or matters of fact.

Amount of awards

United States in ten

ments.

ARTICLE III.

The Commissioners shall issue certificates of the sums to be paid to the claimants, respectively, by virtue of their decisions or to be paid to the those of the Umpire, and the aggregate amount of all sums equal annual pay awarded by the Commissioners, and of all sums accruing from awards made by the Umpire, shall be paid to the Government of the United States. Payments of said sums shall be made in equal annual payments, to be completed within ten years from the date of the termination of the labors of the commission; the first payment to be made six months from same date. Semiannual interest shall be paid on the several sums awarded, at a rate of five per cent. per annum from the date of the termination of the labors of the commission.

First payment.

Interest.

ARTICLE IV.

Commission, when

The commission shall terminate its labors in twelve months from the date of its organization, except that thirty days' extension may be given to issue certificates, if necessary, on the deci- to terminate labors. sions of the Umpire in the case referred to in the following article. They shall keep a record of their proceedings, and Secretary. may appoint a secretary.

Records of commission.

ARTICLE V.

The decisions of this commission and those (in case there of the Umpire, shall be final and conclusive as to all pending claims at the date of their installation. Claims which shall not be presented within the twelve months herein prescribed will be disregarded by both Governments, and considered invalid.

may be any)

Decisions of com

mission and of Um

pire to be final, &c.

Claims not presented to be deemed invalid.

termination of the

commission.

In the event that, upon the termination of the labors of said commission, there should remain pending one or more cases before the Cases pending be Umpire awaiting his decision, the said Umpire is authorized fore Umpire at the to make his decision and transmit same to the Commissioners, who shall issue their certificates thereupon and communicate [them] to each Government, which shall be held binding and conclusive; provided, however, that his decision shall be given within thirty days from the termination of the labors of the commission, and after the expiration of the said thirty days any decision made shall be void and of no effect.

ARTICLE VI.

Each Government shall pay its own Commissioner, and shall pay onehalf of what may [be] due the Umpire and secretary, and onehalf the incidental expenses of the commission.

ARTICLE VII.

Pay and expenses of commission.

The present convention shall be ratified, and the ratifications exchanged, so soon as may be practicable, in the city of Caracas.

Ratifications to be exchanged.

Signature.

In testimony whereof the Plenipotentiaries have signed this convention, and hereunto affixed the seals of the Ministry of Foreign Relations of the United States of Venezuela, and of the Legation of the United States of America, in Caracas, this twenty-fifth day of April, in the year one thousand eight hundred and sixty-six. The Minister Resident of the United States of America, E. D. CULVER. · [L. S.]

The Minister of Foreign Relations of the United States of Venezuela, RAFAEL SEIJAS. [L. S.]

57

WÜRTTEMBERG.

WÜRTTEMBERG, 1844.

CONVENTION FOR THE MUTUAL ABOLITION OF THE DROIT D'AUBAINE AND TAXES ON EMIGRATION, BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF WÜRTTEMBERG. CONCLUDED APRIL 10, 1844; RATIFICATIONS EXCHANGED OCTOBER 3, 1844; PROCLAIMED DECEMBER 16, 1844.

The United States of America and His Majesty the King of Württemberg having resolved, for the advantage of their respective citizens and subjects, to conclude a convention for the mutual abolition of the droit d'aubaine and taxes on emigration, have named for this purpose their respective Plenipotentiaries, namely: The President of the United States of America has conferred full powers on Henry Wheaton, their Envoy Extraordinary and Minister Plenipotentiary at the Royal Court of Prussia; and his Majesty the King of Württemberg, upon Baron de Maucler, his Captain of the Staff and Chargé d'Affaires at the said court; who, after having exchanged their said full powers, found in due and proper form, have agreed to and signed the following articles:

Droit d'aubaine,

ARTICLE I.

Every kind of droit d'aubaine, droit de retraite, and droit de détraetion or tax on emigration, is hereby and shall remain &, abolished. abolished, between the two contracting parties, their States, citizens, and subjects respectively.

ARTICLE II.

Heirs to real property.

Where, on the death of any person holding real property within the territories of one party, such real property would by the laws of the land descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a term of two years to sell the same, which term may be reasonably prolonged according to circumstances, and to withdraw the proceeds thereof without molestation, and exempt from all duties of detraction.

ARTICLE III.

The citizens or subjects of each of the contracting parties shall bave Duties on disposal power to dispose of their personal property within the States of personal property. of the other, by testament, donation, or otherwise, and their heirs, legatees, and donees, being citizens or subjects of the other con tracting party, shall succe[e]d to their said personal property, and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies shall be liable to pay in like cases.