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Ottoman et traité comme tel, jusqu'à ce que sa qualité d'étranger ait été régulièrement constatée.
BRAZILIAN DECREE, prolonging for six months the Con
sular Conventions with France, Italy, Portugal, Spain, and
Switzerland.- Rio de Janeiro, July 16, 1873. (Translation.)
The discontinuance of the Consular Conventions which the Empire has made on the 10th of December, 1860, with France,* on the 26th of January, 1861, with Switzerland, and on the 4th and 9th of February, and 4th of April, 1863, with Italy,f Spain, $ and Portugal,|| having been announced by Notes of the 20th of August of the past year, those international Acts would bave no effect wbatever, dating from the 20th of August of the current year. Bearing in mind, however, that negotiations have not yet commenced for signing fresh Conventions which may be substituted for them; that the Legations of Italy, Portugal, and Spain have manifested the desire that they should be delayed; that the Government of the Swiss Confederation has no Diplomatic Agent at this Court, who might express a similar wish; and considering that, in accordance with Article I of the additional clauses of the Treaty of January 8, 1826,7 the French Consuls in Brazil have a right, not only to the treatment of the most favoured nation, but also to the most perfect reciprocity :
It is my pleasure to prolong for six months (which shall end on the 20th of February, 1874) the term fixed for the duration of the aforesaid Consular Conventions.
Let the Viscount de Caravellas, a member of my Council and of the Council of the Empire, and Minister and Secretary of State for Foreign Affairs, so understand it, and cause it to be carried into effect by expediting the necessary orders.
Palace of Rio de Janeiro, this 16th day of July, 1873, in the 52nd year of the Independence and of the Empire. With the sign manual of His Majesty the Emperor.
VISCONDE DE CARAVELLAS.
* Vol. LI. Page 676.
+ Vol. LVIII. Page 626.
Vol. XIII. Page 818.
TREATY of Peace and Friendship between Costa Rica and
Guatemala.* -Signed at Guatemala, July 20, 1876.
[Published in the Official Gazette of San Salvador, Sept. 8, 1876.] (Translation.)
The Governments of the Republics of Costa Rica and Guatemala, desirous that between their citizens the ties of brotherhood, natural to them as members of the same family, should be drawn closer and closer, and desirous also that at a time not very distant, the other States which form Central America may come and join to form one single nation under the bases conducive to their happiness, have agreed to conclude a Treaty that may definitively secure their relations, and serve as a foundation for the Central American Union, the constant aspiration of patriotism, and the only and noble idea that leads to the moral and intellectual improvement of these countries, because it puts aside local questions and an end to the . continuous political disturbances which inflict so much injury on the bonour and riches of the people.
Therefore, His Excellency the President of the Republic of Costa Rica bas granted full powers to bis Excellency General Don Tomas Guardia, accredited as Enroy Extraordinary and Minister Plenipotentiary to the Governments of Guatemala and Salvador; and His Excellency the General President of the Republic of Guatemala has conferred equal powers on his Excellency Don José Antonio Salazar, Minister specially appointed to treat with the Plenipotentiary of Costa Rica;
Who, after having examined their full powers and found them to be in due form, have agreed upon the following Articles :
ART. I. Between the Republics of Costa Rica and Guatemala there shall be peace, good understanding, and sincere and loyal friendship. To obtain that object, both Governments evgage to assimilate their foreign policy, and to act in concert in those affairs which may be connected with the general interest of Central America, and to procure that the same good understanding, uniformity, and peace may exist with the Governments of the other Republics of the Centre.
II. The aforesaid Governments of Costa Rica and Guatemala shall maintain between the two countries a lasting concord and union, and they shall act together with the view of promoting their intellectual, moral, commercial, and agricultural progress.
III. There shall exist between the Governments of Costa Rica and Guatemala a perfect offensive and defensive alliance in cases of
* The Government of Salvador adhered to this Treaty.
exterior war, be it undertaken against one or more of the Republics of the Centre, or against any foreign nation.
IV. Costa Ricans residing in Guatemala and Guatemalans residing in Costa Rica, who may have obtained scientific or literary titles from any university of one or the other Republic, have the right to exercise freely their profession without any other condition than the authentication of their titles, the identity of the person, and the permit from the authority or corporation authorized to grant it. In the same manner the studies made by private individuals outside of the public establishments shall be valid respectively in each of the two countries to obtain literary degrees at the universities.
For this it is indispensable that such studies shall bave been made in private colleges approved of by the Government, or under professors who are inscribed as members of those establishments authorized by law to give special ("respectiva") instruction, and that all shall be proved by certified documents.
V. The two Contracting Governments having taken under consideration how convenient and necessary it is for all well-organized societies to avoid that crimes of a serious character should remain unpunished, the perpetrators of them being encouraged by the facility of flight, transferring themselves from one Republic to the other, and thus avoiding their merited punishment, agree to deliver up mutually the individuals who may take refuge in the territory of one of the two Contracting Republics when they may have committed any of the following crimes : parricide, infanticide, wifekilling, poisoning, incendiarism, piracy, counterfeiting or alteration of money, of bank-notes, or any other public bond, of deeds, of stamps or seals of the State offices :
(1.) In order that the extradition may take place it is indispensable that there shall be sent an order for imprisonment by the competent judicial authority according to the laws of the country and for any of the crimes already mentioned in this Article ; but the extradition cannot be made without a previous special declaration of the proper tribunal and addressed through the respective Ministry of Foreign Relations.
(2.) It is agreed that when the criminal whose extradition is solicited is to be submitted to trial for some other crime com. mitted in the country where he has taken refuge, the extradition shall not take place until after the passing and execution of the sentence, and until the fulfilment of the condemnation shall have taken place.
Vi. The Governments of Costa Rica and Guatemala engage not to allow in their respective territories any kind of religious community, nor the entrance of any member of the Jesuit company;
the Government of Costa Rica on its part obliges itself to make manifest to the four Jesuits now living in its territory the inconvenience of their remaining there, for the inaintenance of its relations with the other sister States, and it will avail itself of every opportunity to oblige them to leave the territory of Costa Rica, without permitting them to return, in conformity with the laws enacted relative to this matter after their entrance into the Republic.
VII. The Republics of Costa Rica and Guatemala shall have the right reciprocally to send to each other Diplomatic Ministers, and to establish Consuls, Vice-Consuls, and Consular Agents at the places where the law may permit. Once such Diplomatic and Con. sular Ayents are accredited and recognized as such by the Government near which they are to discharge their duties, they shall enjoy the privileges and iminunities granted them by the law of nations and the special ones that are accorded to persons of equal class of the most favoured nition.
VIII. In case of any one or more of the Articles of this Treaty being broken or infringed in any manner, neither of the two Contracting Republics shall issue decrees of reprisal, nor declare war, until all the means of a peaceful reconciliation and harmony shall have been exhausted. To obtain them they will resort to diplomatic despatches accompanied by the proofs and documents on the part of the Government that considers itself injured; but if this is not sufficient, the question at issue shall be submitted to the decision, without appeal, of any of the Govern:nents of Central America, or of any other of the American Continent.
IX. The Costa Ricans in Guatemala, and the Guatemalans in Costa Rica, shall enjoy the same rights, privileges, and immunities enjoyed by the citizens and subjects of the most favoured nation.
X. The Republics of Costa Rica and Guatemala, desirous of securing the peace and of promoting the uniou of all the States of Central America, and being convinced that one of the greatest obstacles that hiuder so patriotic an aim consists in the interference that some States exercise in the domestic affairs of others, influencing their political condition, creating hatre is and animosities which should not exist amongst brothers, engage not, to interfere nor to allow any intervention in the domestic attairs of any of the Central American States; placing themselves, in case such an interference should take place, on the side of the State against which the iuterference shall be made, making with it cominon cause, aud maintaining the peace in Central America by all means which may be necessary and conducive to this object.
XI. The Governments of the Republics of Costa Rica and Guatemala solemnly engage to maintain, with all their forces, the integrity of the Central American territory against any foreign
aggression or invasion, taking upon themselves the defence of any State that may be invaded or attacked, or whose territory may be occupied by forces not Central American.
XII. The present Treaty remains open for the other Governments of Central America in case they wish to subscribe to it, in the part they may consider convenient to their security, their dignity, and interest.
XIII. The ratifications shall take place in the capital of Guatemala or in that of San José of Costa Rica indiscriminately, and the exchange shall be made within the term of three months, counted from the day it may receive the approval of the President of Guatemala. Its duration shall be for the term of 10 years ; but one year before the expiration of this term, notice must be given by any of the two Contracting Parties of its desire that the Treaty should not continue binding as a whole, or of the convenience of altering it in some of its Articles : but if no such notice is given, it shall be considered as binding for 10 years more, with the obligation of observing for its expiration the same formalities which are to be observed as aforesaid at the expiration of the first 10 years.
Done and signed in the city of Guatemala, on the 20th day of July, in the year 1876.
TREATY of Friendship and Commerce between Portugal and
the Transvaal Republic.* -Signed at Lisbon, December 11, 1875.
[Ratified by the Queen of Great Britain as Suzeraine of the Trans
vaal State, and by the King of Portugal. Ratifications exchanged
at Lisbon, October 7, 1882.] (Translation.)
His Majesty the King of Portugal and of the Algarves, and the Government of the South African Republic, being animated with the desire of drawing closer, improving, and consolidating the relations of amity and friendship subsisting between their respective States, have determined to conclude new Treaty for this purpose, and have appointed their Plenipotentiaries, namely: His Majesty the King of Portugal and of the Algarvee, Senhor
* Signed in the Portuguese and Dutch languages.