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In whatever relates to the police of the ports, the lading and unlading of ships, the safety of the merchandise, goods and effects, and to the acquiring and disposing of property of every sort and denomination either by sale, donation, exchange, testament, or in any other manner whatsoever, as also to the administration of justice, the citizens of the two contracting parties shall reciprocally enjoy the same privileges, liberties and rights, as native citizens, and they shall not be charged, in any of those respects, with any higher imposts or duties than those which are paid or may be paid by native citizens, submitting of course to the local laws and regulations of each country respectively. If any citizen of either of the two contracting parties shall die without wiil or testament, in any of the territories of the other, the Consul general or Consul of the nation to which the deceased belonged, or the representative of such Consul general or Consul, in his absence, shall have the right to intervene in the possession, administration and judicial liquidation of the estate of the deceased, conformably with the laws of the country, for the benefit of the creditors and legal heirs.
The citizens of the United States residing in the Argentine Confederation, and the citizens of the Argentine Confederation residing in the United States, shall be exempted from all compulsory military service whatsoever, whether by sea or by land, and from all forced loans, requisitions or military exactions; and they shall not be compelled, under any pretext whatever, to pay any ordinary charges, requisitions or taxes greater than those that are paid by native citizens of the contracting parties respectively.
It shall be free for each of the two contracting parties to appoint Consuls, for the protection of trade, to reside in any of the territories of the other party; but, before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the contracting parties may except from the residence of Consuls such particular places as they judge lit to be excepted.
The archives and papers of the Consulates of the respective Governments shall be respected inviolably, and under no pretext whatever shall any magistrate, or, any of the local authorities, seize, or in any way interfere with them.
The Diplomatic agents and Consuls of the Argentine Confederation shall enjoy in the territories of the United States, whatever privileges, exemptions and immunities are, or shall be, granted to agents of the same rank, belonging to the most favored nation; and in like manner, the diplomatic agents and Consuls of the United States, in the territories of the Argentine Confederation, shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions and immunities, are, or may be granted in the Argentine Confederation to the diplomatic agents and Consuls of the most favored nation.
For the better security of commerce between the United States and the Argentine Confederation, it is agreed that if at any time any interruption of friendly commercial intercourse, or any rupture, should unfortunately take place between the two contracting parties, the citizens of either of them residing in the territories of the other, shall have the privilege of remaining and continuing their trade or occupation therein, without any manner of interruption, so long as they behave peaceably and commit no offense against the laws; and their effects and property, whether intrusted to individuals or to the state, shall not be liable to seizure or sequestration, or to any other demands than those which may be made upon the like effects or property belonging to the native inhabitants of the state in which such citizens
The citizens of the United States, and the citizens of the Argentine Confederation, respectively, residing in any of the territories of the other party, shall enjoy, in their houses, persons and properties, the full protection of the government.
They shall not be disturbed, molested, nor annoyed in any manner on account of their religious belief, nor in the proper exercise of their peculiar worship, either within their own houses, or, in their own Churches or chapels, which they shall be at liberty to build and maintain, in convenient situations, to be approved of by the local government, interfering in no way with, but respecting the religion and customs of the country in which they reside. Liberty shall also be granted to the citizens of either of the contracting parties, to bury those who may die in the territories of the other, in burial places of their own, which in the same manner may be freely established & maintained.
The present treaty shall be ratified on the part of the Government of the United States withing fifteen months from the date; and within three days by His Excellency the Provisional Director of the Argentine Confederation, who will also present it to the first Legislative Congress of the Confederation for their approval.
The ratifications shall be exchanged at the seat of Government of the Argentine Confederation within the term of eighteen month.
In witness whereof the respective Plenipotentiaries have signed this Treaty, and affixed thereto their seals.
Done at San José, on the twenty-seventh day of July in the year of Our Lord one thousand eight hundred & fifty three. [SEAL.]
ROBT C. SCHENCK (SEAL.]
JN° PENDLETON (SEAL.]
SALVADOR MA DEL CARRIL [SEAL.]
José B GOROSTIAGA
EXTRADITION CONVENTION. Concluded September 26, 1896; ratification with amendments advised
by Senate January 28, 1897; ratification advised February 5, 1900; ratified by President April 1, 1900; ratifications exchanged June 2, 1900; proclaimed June 5, 1900. (U. S. Stats., vol. 31, p. 1883.)
I. Mutual delivery of the accused. VII. Limitations.
VIII. Offense for which to be tried.
IX. Articles in possession of accused. IV. Procedure.
X. Persons claimed by other countries. V. Provisional detention.
XI. Expenses. VI. Political offenses.
XII. Ratification; duration. The President of the United States of America and the President of the Argentine Republic, interested in the improvement of the administration of justice and in the prevention of crime within their respective territories, have agreed to celebrate a treaty by which fugitives from justice will be, in determined circumstances, reciprocally delivered up, to which effect they have named as their plenipotentiaries, to wit:
The President of the United States of America, William I. Buchanan, their Envoy Extraordinary and Minister Plenipotentiary, to the Argentine Republic, and the President of the Argentine Republic, H. E. Señor Doctor Don Amancio Alcorta, Minister of Foreign Relations, who, after communicating to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
The Government of the United States of America and the Government of the Argentine Republic mutually agree to deliver up those persons found accused of, or convicted of having committed, in the territory of one of the high contracting parties, any of the crimes or offenses specified in the following article, who shall take refuge or be found within the territory of the other.
This will only take place when the evidence of criminality is of such a character that according to the laws of the country where the fugitive or person so accused is found, would legally justify his arrest and commitment for trial, if the crime or offense had been there committed.
Extradition will be granted for the following crimes and offenses.
1. Homicide (comprehending assassination, parricide, poisoning, infanticide, manslaughter, when voluntary), or the attempt to commit any of these crimes.
2. Arson. 3. Burglary, house-breaking, shop-breaking, robbery committed with violence, actual attempted or threatened. Larceny of property of the value of two hundred dollars, or upwards.
4. Forgery, or the utterance of forged papers; the forgery of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.
5. The counterfeiting, or falsifying of money, whether coin or paper, or of instruments of debt created by national, State, provincial or municipal Governments, or of coupons thereof, or of bank notes, or the utterance or circulation of these; the counterfeiting, falsifying or altering of seals of State.
6. Embezzlement of public moneys, committed within the jurisdiction of either of the high contracting parties by public functionaries or depositaries; embezzlement committed by one or more persons, hired or salaried, to the detriment of their employers or principals; where in either class of cases the embezzlement exceeds the sum of two hundred dollars.
7. Fraud, or breach of trust, committed by a bailee, banker, agent, factor, trustee, director, member or public officer of any company, when such act is punishable by the laws of both contracting parties, and the amount of money or the value of the property misappropriated is not less than two hundred dollars.
8. Perjury, or subornation of perjury.
10. Any act, committed with criminal intent, the object of which is to endanger the safety of any person travelling or being upon a railway.
11. Crimes and offenses committed at sea: (a) Piracy by the law of nations.
(6) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authorities of the ship.
(C) Wrongfully sinking or destroying a ship at sea, or attempting to
(d) Assaults on board a ship at sea with intent to do serious bodily harm.
12. Trading in slaves when the offense is declared criminal by the laws of both countries.
In all cases the extradition of agents, participants or cooperators in any of the crimes or offenses enumerated herein, or attempts thereof, will be granted when the punishment fixed for the crime or offense is greater than one year's imprisonment.
In no case shall the nationality of the person accused be an impediment to his extradition, under the conditions stipulated by the present treaty, but neither Government shall be bound to deliver its own citizens for extradition under this Convention; but either shall have the power to deliver them up, if, in its discretion, it be deemed proper to
The requisition for extradition shall be made through the diplomatic agents of the high contracting parties or, in case of their defect, by the superior consular officers thereof, accompanied by a legalized copy of the sentence of the judge, or of the warrant of arrest; issued in the country where the crime or offense may have been committed, as also the depositions or other testimony by virtue of which the warrant of arrest was issued.
Besides the sentence of the judge, or the warrant of arrest, it will be necessary in the formal request for extradition, to accompany it with such evidence as may be necessary to establish the identity of the person demanded, together with a duly certified copy of the law applicable to the act charged, as shown by statute or judicial decision.
For the purpose of extradition the two high contracting parties will proceed, in accordance with this treaty, in conformity with the laws regulating judicial proceedings at the time being in force in the country to which the demand for extradition shall be directed.
In urgent cases the two high contracting parties may request, by mail or telegraph, the provisional arrest of the person accused and the retention of the objects relating to the crime or offense, in each case setting forth the existence of a sentence, or warrant of arrest, and clearly stating the nature of the crime or offense charged.
Such provisional detention will cease and the person held will be placed at liberty if the formalities for his extradition, in the required form set out in the preceding article, are not presented within two months, counting from the day of arrest.
Extradition will not be granted for a crime or offense of a political character nor for those connected therewith.
No person delivered up in virtue of this treaty can be tried, or punished, for a political crime or offense, nor for an act having connection therewith, committed before the extradition or surrender of such person.
In cases of doubt with relation to the present article, the decision of the judicial authorities of the country to which the demand for extradition is directed will be final.
Extradition will not be granted when the crime or offense charged, or for which the fugitive has been condemned, is found unpunishable, by reason of statutory limitation, in accordance with the laws of the country of asylum.
In no case can the person surrendered be held or tried in the country to which he has been surrendered for any crime other than that for which extradition was granted until he has returned, or had an opportunity to return, to the surrendering State.
This stipulation will not apply to crimes or offenses committed after extradition has taken place.