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All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected.
If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received: Provided, that the government from which extradition is sought is note bound by treaty to give preference otherwise.
The expenses incurred in the arrest, detention, examination, and delivery of fugitives under this Treaty shall be borne by the state in whose name the extradition is sought: Provided, that the demanding government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; And, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for their acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers.
The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not opperate retroactively.
The ratifications of the present Treaty shall be exchanged at Washington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it
In witness whereof, the respective Plenipoteniaries have signed the above articles, both in the English and Spanish languages, and have hereunto affixed their seals.
Done in duplicate, at the city of Santiago, this 17th day of April 1900.
HENRY L WILSON
SEAL. R. ERRÁZURIZ URMENETA. [SEAL.]
[NOTE.-The treaty as to commercial relations, concluded October 8, 1903, page 166, Article XVII, provides: “It is agreed that all the provisions of the several treaties between the United States and China which were in force on the 1st day of January, 1900, are continued in full force and effect, except in so far as they are modified by the present treaty or other treaties to which the United States is a party."]
TREATY OF PEACE, AMITY, AND COMMERCE.
Concluded July 3, 1844; ratification advised by the Senate January
16, 1845; ratified by the President January 17, 1845; ratifications exchanged December 31, 1845; proclaimed April 18, 1846. (Treaties and Conventions, 1889, p. 145.)
As the Treaty of 1858 was negotiated as a substitute, the references are here given to the corresponding articles in the later treaty, and the articles not referred to therein are printed.
I. Peace and amity. (See Art. I, p. 135.)
1858, p. 145.)
ARTICLE VII. Passenger and cargo boats. No tonnage duty shall be required on boats belonging to citizens of the United States, employed in the conveyance of passengers, baggage, letters and articles of provision, or others, not subject to duty to or from any of the five ports. All cargo boats however, conveying merchandise subject to duty shall pay the regular duty of one mace per ton, provided they belong to citizens of the United States, but not if hired by them from subjects of China.
VIII. Pilots, etc. (See Art. XVII, p. 140.)
ARTICLE XII. Standard weights and measures. Sets of standard balances, and also weights and measures, duly prepared, stamped and sealed according to the standard of the custom
house at Canton shall be delivered by the superintendent of customs to the Consuls of each of the five ports to secure uniformity and prevent confusion in measure and weight of merchandise.
XIII. Payment of duties. (See Art. XXII, p. 142.)
ARTICLE XV. Liberty to trade. The former limitation of the trade of foreign nations to certain persons appointed at Canton by the Government and commonly called Hong-merchants, having been abolished, citizens of the United States, engaged in the purchase or sale of goods of import or export, are admitted to trade with any and all subjects of China without distinction; they shall not be subject to any new limitations, nor impeded in their business by monopolies or other injurious restrictions.
XVI. Collection of debts. (See Art. XXIV, p. 143.)
ARTICLE XXIII. Reports by consuls. The Consuls of the United States at each of the five ports open to foreign trade shall make annually to the respective Governors General thereof a detailed report of the number of vessels belonging to the United States which have entered and left said ports during the year; and of the amount and value of goods imported or exported in said vessels for transmission to and inspection of the board of Revenue. XXIV. Communications with officials. (See Art.
(See Art. XXVIII, p. 144.) XXV. Rights of United States citizens. (See Art. XXVII,
ARTICLE XXVIII. Embargo. Citizens of the United States their vessels and property shall not be subject to any embargo; nor shall they be seized and forcibly detained for any pretence of the public service; but they shall be suffered to prosecute their commerce in quiet, and without molestation or embarrassment.
XXIX. Control over seamen. (See Art. XVIII, p. 140.)
XXX. Official correspondence. (See Art. VII, p. 137.)
ARTICLE XXXIV. Duration; ratification.
When the present convention shall have been definitely concluded, it shall be obligatory on both powers, and its provisions shall not be altered without grave cause; but, inasmuch as the circumstances of the several ports of China open to foreign commerce are different, experience may show that inconsiderable modifications are requisite in those parts which relate to commerce and navigation; in which case the two Governments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same, by the means of suitable persons appointed to conduct such negotiations.
And when ratified, the treaty shall be faithfully observed in all its parts by the United States and China, and by every citizen and subject of each. And no individual State of the United States can appoint or send a Minister to China to call in question the provisions of the
The present Treaty of peace, amity, and commerce shall be ratified and approved by the President of the United States by and with the advice and consent of the Senate thereof, and by the August Sovereign of the Ta Tsing Empire, and the ratifications shall be exchanged within eighteen months from the date of the signature thereof or sooner if possible.
În faith whereof, we, the respective Plenipotentiaries of the United States of America and of the Ta Tsing Empire as aforesaid, have signed and sealed these Presents.
Done at Wang Hiya, this third day of July in the year of our Lord Jesus Christ, One thousand Eight hundred and forty four, and of Taou Kwang the twenty fourth year, fifth month and eighteenth day.
The Tariff of Duties to be levied on imported and exported Merchandise
at the Five Ports.
(See Convention of November 8, 1858, p. 146.)
Concluded June 18, 1858; ratification advised by the Senate December
15, 1858; ratified by the President December 21, 1858; ratifications erchanged August 16, 1859; proclaimed January 26, 1860. (Treaties and Conventions, 1889, p. 159.)
I. Declaration of amity.
XVII. Pilots, etc. II. Deposit of treaty.
XVIII. Control of ships, etc. III. Promulgation.
XIX. Ships' papers, etc. IV. Diplomatic privileges.
XX. Customs examinations. V. Visit of minister to Capital.
XXI. Reexportation. VI. Residence of minister at the Cap- XXII. Payment of duties. ital.
XXIII. Transshipment of goods. VII. Correspondence.
XXIV. Collection of debts. VIII. Personal interviews.
XXV. Chinese teachers, etc. IX. Naval vessels in Chinese waters. XXVI. Trade with China in case of X. Consuls authorized. XI. United States citizens in China. XXVII. Rights of United States citiXII. Privileges in open ports. XIII. Shipwrecks; pirates.
XXVIII. Communications with officers. XIV. Open ports; clandestine trade pro- XXIX. Freedom of religion. hibited.
XXX. Most favored nation privileges XV. Commerce permitted; tariff.
to United States citizens; XVI. Tonnage duties.
ratification. The United States of America and the Ta Tsing Empire, desiring to maintain firm, lasting, and sincere friendship, have resolved to renew, in a manner clear and positive, by means of a Treaty or general convention of peace, amity and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object, the President of the United States and the August Sovereign of the Ta Tsing Empire have named for their plenipotentiaries to wit: The President of the United States of America, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary to China and His Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments; and Hwashana, President of the Board of Civil Office and Major General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them being Imperial Commissioners and Plenipotentiaries: And the said Ministers, in virtue of the respective full powers they have received from their Governments, have agreed upon the following articles.
There shall be, as there have always been, peace and friendship between the United States of America and the Ta Tsing Empire, and between their people respectively. They shall not insult or oppress each other for any trifling cause so as to produce an estrangement between them, and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings.
a See Treaty of July 28, 1868, p. 155; and Treaty of October 8, 1903, p. 166.