or industrial products of the other, than are or shall be payable upon the like articles, being the produce of any other country, not embraced within its present limits.

ARTICLE X.

In order the more effectually to attain the object contemplated in Article VIII, each of the contracting parties hereby engages not to grant any favor in commerce to any nation, union of nations, State, or society, which shall not immediately be enjoyed by the other party.

ARTICLE XI.

Should one of the contracting parties impose differential duties upon the products of any nation, the other party shall be at liberty to determine the manner of establishing the origin of its own products, destined to enter the country by which the differential duties are imposed.

ARTICLE XII.

The Swiss territory shall remain open to the admission of articles arriving from the United States of America; in like manner, no port of the said States shall be closed to articles arriving from Switzerland, provided they are conveyed in vessels of the United States, or in vessels of any country having free access to the ports of said States. Swiss merchandise arriving under the flag of the United States, or under that of one of the nations most favored by them, shall pay the same duties as the merchandise of such nation; under any other flag it shall be treated as the merchandise of the country to which the vessel belongs.

In case of shipwreck and of salvage on the coasts of the United States, Swiss merchandise shall be respected and treated as that belonging to citizens of the said States.

The United States consent to extend to Swiss products, arriving or shipped under their flag, the advantages which are or shall be enjoyed by the products of the most favored nation arriving or shipped under the same flag.

It is hereby understood that no stipulation of the present article shall in any manner interfere with those of the four aforegoing articles, nor with the measures which have been or shall be adopted by either of the contracting countries in the interest of public morality, security, or order.

ARTICLE XIII.

The United States of America and the Swiss Confederation, on requisitions made in their name through the medium of their respective Diplomatic or 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 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.

ARTICLE XIV.

Persons shall be delivered up, according to the provisions of this convention, who shall be charged with any of the following crimes, to wit:

Murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder; rape; forgery, or the emission of forged papers; 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 punishARTICLE XV.

ment.

On the part of the United States, the surrender shall be made only by the authority of the Executive thereof; and on the part of the Swiss Confederation, by that of the Federal Council.

ARTICLE XVI.

The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.

ARTICLE XVII.

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.

ARTICLE XVIII.

The present convention is concluded for the period of ten years, counting from the day of 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.

ARTICLE XIX.

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 the city of Washington as soon as circumstances shall admit.

In faith whereof, the respective Plenipotentiaries have signed the above articles, under reserve of the above-mentioned ratifications, both in the English and French languages, and they have thereunto affixed their seals.

Done in quadruplicate, at the city of Berne, this twenty-fifth day of November, in the year of our Lord one thousand eight hundred and fifty.

[SEAL.] SEAL.] SEAL.]

A. DUDLEY MANN.
H. DRUEY.

F. FREY-HÉROSÉE.

1883.

REGISTRATION OF TRADE-MARKS.

Dated April 27, 1883, and May 14, 1883.

SWISS LEGATION, Washington, April 27, 1883.

To the Ministry of Foreign Affairs, Washington.

MR. SECRETARY OF STATE: The undersigned, Minister of the Swiss Confederation, has this day had the honor to receive your note of the 24th instant, whereby you had the kindness to acquaint him with your views concerning an exchange of declarations between the United States and the Swiss Confederation, relative to the mutual protection of trade marks.

The undersigned sees by the aforesaid note that you would prefer to make such an arrangement between the United States and Switzerland in the form of an exchange of notes, inasmuch as that form appears to you to be the most simple, and the best calculated to avoid the difficulties connected with the ratification of a declaration or a convention.

The undersigned has the honor to reply that, for his part, he attaches no special importance to the form of the arrangement, and that he thinks he may say that his Government likewise favors the method proposed by you. In fact, the undersigned, by a communication of the 6th of March last, laid before the Federal Council the text of your note of the 5th of that month, and, at the same time, he proposed to try an exchange of declarations, which, as regards the form, would coincide with your views. The Federal Council having consented thereto by its communication of March 30th, and having instructed the undersigned, with full powers, to make such an arrangement, the undersigned thinks that he represents the intentions of his Government by giving his adhesion to an exchange of notes.

As regards the question whether the principle of reciprocity is embodied in the Federal law of December 19, 1879, the undersigned has the honor to invite your attention to the text of Article 7, paragraph 2, of the Federal Law of December 19, 1879, and also to the contents of the message of the Federal Council relative thereto. In the aforesaid paragraph of the law of December 19, 1879, it is expressly provided that producers and merchants, whose business is carried on in a state which accords the right of reciprocity to Swiss citizens, may have their marks registered in the same manner as Swiss citizens. But one condition is added, viz., that foreigners shall be obliged to prove that these marks are already protected in the State to which they belong, the sole object of which reservation is to prevent foreigners from depositing, with fraudulent intent, under the protection of reciprocity, marks for which they cannot claim protection in their own country. The Federal Council, moreover, in its message of October 13, 1879, whereby it transmitted to the Federal Chambers a bill for the protection of trade-marks, made the following declaration touching trade-marks: "As regards foreign trademarks we are of opinion that Switzerland should stand upon the ground of reciprocity, and that this is the only position that should be taken by us in the interest of our industry."

In view of this declaration, the Federal Chambers, in accepting, without material modification, the aforesaid paragraph 2 of Article 7 of the law in question, were without doubt actuated by a desire to embody the principle of full reciprocity in the law.

The undersigned takes the liberty, in conclusion, to ask your attention to the fact that the confederation has, since the promulgation of the aforesaid law, concluded a convention with various States for the protection of trade-marks upon the basis of reciprocity; for instance, with Great Britain, Belgium and the Netherlands; and that the Confederation, previously to the promulgation of that law, guaranteed, in its commercial treaties with France, Germany and Italy, protection in Switzerland for their trade-marks to the citizens or subjects of those States.

The undersigned thinks that he has, by the foregoing, furnished proof that the Confederation recognizes the principles of reciprocity, as regards the international protection of trade marks, as an integral part of its public law, and that the United States may, with the most perfect confidence, enter into such an arrangement with the Confed

eration.

The undersigned gladly awaits a kind reply from you, and he avails himself of this occasion to renew to you, Mr. Secretary of State, the assurance of his very distinguished consideration.

Colonel FREY,

Etc., etc., etc.

E. FREY.

DEPARTMENT OF STATE,
Washington, May 14, 1883.

COLONEL: I have the honor to acknowledge the receipt of your note of the 27th instant, concerning the reciprocal privilege of trade marks registration in the United States and Switzerland. It gives me much pleasure to accept your declaration as evidence that the law of Switzerland affords such a guarantee of reciprocity in the matter as will make the application of the privileges of the Act of Congress of March 3, 1881, to owners of trade marks in Switzerland proper and certain.

This exchange of notes accomplishes the end in view, of securing complete reciprocity under the legislation of the respective countries, and I have therefore communicated your note to the Secretary of the Interior, with this reply, and requested him to make the necessary regulation for admitting Swiss trade-marks to all the privileges of registration, which under that act pertain to the trade-marks of American origin.

Now that the immediate object of our late correspondence on the subject is attained, permit me to suggest that, with a view to rendering the engagements of this Government with foreign nations as uniform as possible, the Government would be pleased to conclude and sign with you, a formal trade mark convention, similar to that lately concluded with Spain, to which I have before referred and of which I enclose a printed copy herewith. Our present diplomatic accord

• Convention of June 19, 1882, with Spain.

will, of course, hold good, until such formal convention can be made effective by ratification and exchange.

Accept, Colonel, etc.,

JOHN DAVIS,

Acting Secretary.

1891.

COPYRIGHT PROCLAMATION.

Proclaimed July 1, 1891.

See Belgium, p. 105.

1900.

EXTRADITION TREATY.

Concluded May 14, 1900; ratified by Senate June 5, 1900; ratified by President February 25, 1901; ratified by Switzerland January 21, 1901; ratifications exchanged February 27, 1901; proclaimed Febru ary 28, 1901.

I. Delivery of accused.

II. Extraditable crimes.

ARTICLES.

III. Attempts to commit extraditable crimes.

IV. Special court.

V. Procedure.

VI. Provisional detention.
VII. Political offenses.
VIII. Limitations.

IX. Prior offenses; surrender to third state.

X. Extradition deferred.

XI. Persons demanded by third state. XII. Property seized with fugitive. XIII. Expenses.

XIV. Annulling prior treaty; duration; ratification.

The Government of the United States of America and the Federal Council of the Swiss Confederation, with a view to the better administration of justice, have resolved to conclude a new Convention for the extradition of fugitive criminals, and, for that purpose, have appointed as their Plenipotentiaries, to wit:

The President of the United States of America: John Hay, Secretary of State of the United States; the Federal Council of the Swiss Confederation: J. B. Pioda, Envoy Extraordinary and Minister Plenipotentiary of Switzerland to the United States; Who, after communicating to each other their full powers, which were found in good and due form, have agreed upon the following Articles:

ARTICLE I.

The Government of the United States of America and the Swiss Federal Council bind themselves mutually to surrender such persons as, being charged with or convicted of any of the crimes or offenses enumerated hereinafter in Article II, committed in the territory of one of the contracting States, shall be found in the territory of the other State: Provided that this shall be done by the United States only upon such evidence of criminality as, according to the laws of