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the expiration of one year from the day when either of the contracting parties shall give notice to the other of its intention to terminate the same.
This convention shall not take effect until the same shall have been approved by the Congress.
In witness whereof we, the respective Plenipotentiaries, have signed the same in duplicate, in English and Spanish, and have affixed our respective seals, at Havana, Cuba, this eleventh day of December, in the year one thousand nine hundred and two.
Concluded January 26, 1903; ratification advised by the Senate February 16, 1903; ratified by the President March 30, 1903; ratifications exchanged March 31, 1903; proclaimed December 17, 1903. (U. S. Stats., vol. 33.)
This treaty contains one article, extending for two months from January 31, 1903, ratification of commercial treaty of December 11, 1902.
AGREEMENT FOR THE LEASE TO THE UNITED STATES OF LANDS IN CUBA FOR COALING AND NAVAL STATIONS.
Signed by the President of Cuba February 16, 1903, and by the President of the United States February 23, 1903.
I. Lease of land. II. Waters.
Between the United States of America and the Republic of Cuba for the lease (subject to terms to be agreed upon by the two Governments) to the United States of lands in Cuba for coaling and naval
The United States of America and the Republic of Cuba, being desirous to execute fully the provisions of Article VII of the Act of Congress approved March second, 1901, and of Article VII of the Appendix to the Constitution of the Republic of Cuba promulgated on the 20th of May, 1902, which provide:
"Article VII. To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its S. Doc. 318, 58-2—15
own defense, the Cuban Government will sell or lease to the United States the lands necessary for coaling or naval stations, at certain specified points, to be agreed upon. with the President of the United States."
have reached an agreement to that end, as follows:
The Republic of Cuba hereby leases to the United States, for the time required for the purposes of coaling and naval stations, the following described areas of land and water situated in the Ísland of Cuba:
1st. In Guantanamo (see Hydrographic Office Chart 1857).
From a point on the south coast, 4.37 nautical miles to the eastward of Windward Point Light House, a line running north (true) a distance of 4.25 nautical miles;
From the northern extremity of this line, a line running west (true), a distance of 5.87 nautical miles;
From the western extremity of this last line, a line running southwest (true), 3.31 nautical miles;
From the southwestern extremity of this last line, a line running south (true), to the seacoast.
This lease shall be subject to all the conditions named in Article II of this agreement.
2nd. In Northwestern Cuba (see Hydrographic Office Chart 2036). In Bahia Honda (see Hydrographic Office Chart 520b).
All that land included in the peninsula containing Cerro del Morrillo and Punta del Carenero situated to the westward of a line running south (true) from the north coast at a distance of thirteen hundred yards east (true) from the crest of Cerro del Morrillo, and all the adjacent waters touching upon the coast line of the above described peninsula and including the estuary south of Punta del Carenero with the control of the headwaters as necessary for sanitary and other purposes.
And in addition all that piece of land and its adjacent waters on the western side of the entrance to Bahia Honda included between the shore line and a line running north and south (true) to low water marks through a point which is west (true) distant one nautical mile from Pta. del Cayman.
The grant of the foregoing Article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose. Vessels engaged in the Cuban trade shall have free passage through the waters included within this grant.
While on the one hand the United States recognizes the continuance of the ultimate sovereignty of the Republic of Cuba over the above described areas of land and water, on the other hand the Republic of Cuba consents that during the period of the occupation by the United
States of said areas under the terms of this agreement the United States shall exercise complete jurisdiction and control over and within said areas with the right to acquire (under conditions to be hereafter agreed upon by the two Governments) for the public purposes of the United States any land or other property therein by purchase or by exercise of eminent domain with full compensation to the owners thereof.
Done in duplicate at Habana, and signed by the President of the Republic of Cuba this sixteenth day of February, 1903.
T. ESTRADA PALMA.
Signed by the President of the United States the twenty third of February, 1903. THEODORE ROOSEVELT
LEASE TO THE UNITED STATES BY CUBA OF LAND AND WATER FOR NAVAL OR COALING STATIONS IN GUANtanamo and BAHIA HONDA. Signed July 2, 1903; approved by the President October 2, 1903; ratified by the President of Cuba August 17, 1903; ratifications exchanged October 6, 1903.
I. Rental; acquirement of land; pay
V. Duties, etc.
The United States of America and the Republic of Cuba, being desirous to conclude the conditions of the lease of areas of land and water for the establishment of naval or coaling stations in Guantanamo and Bahia Honda the Republic of Cuba made to the United States by the Agreement of February 16/23, 1903, in fulfillment of the provisions of Article Seven of the Constitutional Appendix of the Republic of Cuba, have appointed their Plenipotentiaries to that end.-
The President of the United States of America, HERBERT G. SQUIERS, Envoy Extraordinary and Minister Plenipotentiary in Havana,
And the President of the Republic of Cuba, José M. GARCIA MONTES, Secretary of Finance, and acting Secretary of State and Justice, who, after communicating to each other their respective full powers, found to be in due form, have agreed upon the following Articles;
The United States of America agrees and covenants to pay to the Republic of Cuba the annual sum of two thousand dollars, in gold coin of the United States, as long as the former shall occupy and use said areas of land by virtue of said Agreement.
All private lands and other real property within said areas shall be acquired forthwith by the Republic of Cuba.
The United States of America agrees to furnish to the Republic of Cuba the sums necessary for the purchase of said private lands and properties and such sums shall be accepted by the Republic of Cuba as advance payment on account of rental due by virtue of said Agree
The said areas shall be surveyed and their boundaries distinctly marked by permanent fences or inclosures.
The expenses of construction and maintenance of such fences or inclosures shall be borne by the United States.
The United States of America agrees that no person, partnership, or corporation shall be permitted to establish or maintain a commercial, industrial or other enterprise within said areas.
Fugitives from justice charged with crimes or misdemeanors amenable to Cuban law, taking refuge within said areas, shall be delivered up by the United States authorities on demand by duly authorized Cuban authorities.
On the other hand the Republic of Cuba agrees that fugitives from justice charged with crimes or misdemeanors amenable to United States law, committed within said areas, taking refuge in Cuban territory, shall on demand, be delivered up to duly authorized United States authorities.
Materials of all kinds, merchandise, stores and munitions of war imported into said areas for exclusive use and consumption therein, shall not be subject to payment of customs duties nor any other fees or charges and the vessels which may carry same shall not be subject to payment of port, tonnage, anchorage or other fees, except in case said vessels shall be discharged without the limits of said areas; and said vessels shall not be discharged without the limits of said areas otherwise than through a regular port of entry of the Republic of Cuba when both cargo and vessel shall be subject to all Cuban Customs laws and regulations and payment of corresponding duties and fees. It is further agreed that such materials, merchandise, stores and munitions of war shall not be transported from said areas into Cuban territory.
Except as provided in the preceding Article vessels entering into or departing from the Bays of Guantanamo and Bahia Honda within the limits of Cuban territory hall be subject exclusively to Cuban laws and authorities and orders emanating from the latter in all that respects port police, Customs or Health, and authorities of the United States shall place no obstacle in the way of entrance and departure of said vessels except in case of a state of war.
This lease shall be ratified and the ratifications shall be exchanged in the City of Washington within seven months from this date. In witness whereof, We, the respective Plenipotentiaries, have signed
this lease and hereunto affixed our Seals.
Done at Havana, in duplicate in English and Spanish this second day of July nineteen hundred and three.
H. G. SQUIERS.
JOSÉ M. GARCÍA MONTES
CONVENTION OF FRIENDSHIP, COMMERCE AND NAVIGATION."
Concluded April 26, 1826; ratification advised by the Senate May 4, 1826; ratified by the President May 6, 1826; ratifications exchanged August 10, 1826; proclaimed October 14, 1826. (Treaties and Conventions, 1889, p. 231.)
(This convention was abrogated by notice April 15, 1856, and renewed by the convention of April 11, 1857, except Article V.)
I. Most favored nation clause.
II. Freedom of trade.
III. Equality as to shipping.
VI. Trade with Danish colonies.
VII. Property rights.
The United States of America and His Majesty, the King of Denmark, being desirous to make firm and permanent the peace and friendship which happily prevail between the two nations, and to extend the commercial relations which subsist between their respective territories and people, have agreed to fix, in a manner clear and positive, the rules which shall in future be observed between the one and the other party, by means of a general convention of friendship, commerce and navigation. With that object, the President of the United States of America has conferred full powers on Henry Clay, their Secretary of State, and His Majesty, the King of Denmark, has conferred like powers on Peter Pedersen, His Privy Counsellor of Legation, and Minister Resident near the said States, Knight of the Dannebrog, who, after having exchanged their said full powers, found to be in due and proper form, have agreed to the following Articles:
The contracting parties, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage, mutually, not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession were freely made, or on allowing the same compensation, if the concession were conditional.
a See Convention of July 11, 1861, p. 236.
Federal cases: Bartram v. Robertson, 122 U. S., 116; Thingvalla Line v. U. S., 24 Ct. Cl., 255.