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Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular officers.
If the person whose extradition may be asked for shall have been convicted of a crime or offense, a copy of the sentence of the court in which he has been convicted, authenticated under its seal, with attestation of the oflicial character of the judge, by the proper executive authority, and of the latter by the minister or consul of the United States or of Guatemala, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions upon which such warrant has been issued, must accompany the requisition as aforesaid.
The expenses of the arrest, detention, examination and delivery of fugitives under this convention 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 expenses for the services of such 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 officials as receive only fees shall not exceed the fees to which such officials are entitled under the laws of the country for services rendered in ordinary criminal proceedings.
All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, and that may be used as evidence of the crime for which his extradition is demanded, shall be seized if the competent authority shall so order and shall be surrendered with his person.
The rights of third parties to the articles so found shall nevertheless be respected.
Each of the contracting parties shall exercise due diligence in procuring the extradition and prosecution of its citizens who may be charged with the commission of any of the crimes or offenses mentioned in Article II, exclusively committed in its territory against the government or any of the citizens of the other contracting party, when the person accused may have taken refuge or be found within the territory of the latter, provided the said crime or offense is one that is punishable, as such, in the territory of the demanding country.
The present convention shall take effect thirty days after the exchange of ratifications, when the convention of October 11, 1870, and the additional article of October 22, 1887, shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other.
It shall be ratified and its ratifications shall be exchanged at Washington as soon as possible.
In witness whereof, the respective plenipotentiaries 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 Washington, this 27th day of February one thousand nine hundred and three.
[SEAL.] ANT LAZO ARRIAGA (SEAL.]
TREATY OF AMITY, COMMERCE AND NAVIGATION, AND EXTRADITION.
Concluded November 3, 1864; ratification advised by the Senate Jan
uary 17, 1865; ratified by the President May 18, 1865; ratifications exchanged May 22, 1865; proclaimed July 6, 1865. (Treaties and
XXIV. Right of search.
XXVII. Care of property captured. IV. Confiscations prohibited.
XXVIII. Prize courts. V. Personal exemptions of citizens. XXIX. Entry of captured vessels. VI. Trade privileges.
XXX. Restriction on foreign priVII. Privacy of books and papers.
vateers. VIII. Religious freedom.
XXXI. Letters of marque forbidIX. Disposal of personal property.
den. X. Imports.
XXXII. Diplomatic privileges. XI. Exports.
XXXII. Consular service. XII. Coasting trade.
XXXIV. Exequaturs. XIII. Equality of duties and prohibi- XXXV. Consular privileges. tions.
XXXVI. Deserters from ships. XIV. Discriminating duties.
XXXVII. Consular convention to be XV. Rights of asylum.
concluded. XVI. Shipwrecks.
XXXVIII. Extradition of fugitives XVII. Neutrality of vessels.
from justice. XVIII. Blockades.
XXXIX. Extraditable crimes. XIX. Free ships, free goods.
XL. Surrender; expenses. XX. Contraband articles.
XLI. Political offenses. XXI. Goods not contraband.
XLII. Duration. XXII. Merchant ships.
XLIII. Ratification. XXIII. Papers neutral vessels.
The United States of America and the Republic of Hayti, desiring to make lasting and firm the friendship and good understanding which happily prevail between both nations, and to place their commercial relations upon the most liberal basis, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of Amity, Commerce, and Navigation, and for the Extradition of Fugitive Criminals.
For this purpose they have appointed as their Plenipotentiaries, to wit: the President of the United States, Benjamin F. Whidden, Commissioner and Consul General of the United States to the Republic of Hayti; and the President of Hayti, Boyer Bazelais, Chef d'Escadron, his Aide de camp and Secretary, who, after a reciprocal communication of their respective full powers, found in due and proper form, have agreed to the following articles:
There shall be a perfect, firm, and inviolable peace and sincere friendship between the l'nited States of America and the Republic of I layti, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.
The United States of America and the Republic of Hayti, 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, agree that any favor, exemption, privilege, or immunity whatever, in matters of commerce or navigation, which either of them has granted or may hereafter grant, to the citizens or subjects of any other government, nation, or state, shall extend in identity of cases and circumstances, to the citizens of the other contracting party; gratuitously, if the concession in favor of that other government, nation, or state shall have been gratuitous; or, in return for an equivalent compensation, if the concession shall have been conditional.
If by any fatality, (which cannot be expected, and which God forbid) the two nations shall become involved in war, one with the other, the term of six months after the declaration thereof shall be allowed to the merchants and other citizens and inhabitants respectively, on each side, during which time they shall be at liberty to withdraw themselves, with their effects and movables, which they shall have the right to carry away, send away, or sell, as they please, without the least obstrucition; nor shall their effects, much less their persons, be seized during such term of six months; which immunity is not in any way to be construed to prevent the execution of any existing civil or commercial engagements; on the contrary, passports shall be valid for a term necessary for their return, and shall be given to them for their yessels and their effects which they may wish to carry with them or send away, and such passports shall be a safe conduct against the insults and captures which privateers may attempt against their persons and effects.
Neither the money, debts, shares in the public funds or in banks, or any other property of either party, shall ever, in the event of war or national difference, be sequestered or confiscated.
The citizens of each of the high contracting parties, residing or estahlished in the territory of the other, shall be exempt from all compulsory military duty by sea or by land, and from all forced loans or military exactions or requisitions; nor shall they be compelled to pay any contributions whatever higher or other than those that are or may be paid by native citizens.
The citizens of each of the contracting parties shall be permitted to enter, sojourn, settle, and reside in all parts of the territories of the other, engage in business, hire and occupy warehouses, provided they submit to the laws, as well general as special, relative to the rights of travelling, residing, or trading: While they conform to the laws and regulations in force, they shall be at liberty to manage themselves their own business, subject to the jurisdiction of either party respectively, as well as in respect to the consignment and sale of their goods as with respect to the loading, unloading, and sending off their vessels. They may also employ such agents or brokers as they may deem proper; it being distinctly understood that they are subject also to the same laws. The citizens of the contracting parties shall have free access to the tribunals of justice, in all cases to which they may be a party, on the same terms which are granted by the laws and usage of the country to native citizens, furnishing security in the cases required; for which purpose they may employ in the defence of their interests and rights such advocates, solicitors, attorneys, and other agents as they may think proper, agreeably to the laws and usage of the country.
There shall be no examination or inspection of the books, papers, or accounts of the citizens of either country residing within the jurisdiction of the other without the legal order of a competent tribunal or judge.
ART. 8. The citizens of each of the high contracting parties, residing within the territory of the other, shall enjoy full liberty of conscience. They shall not be disturbed or molested on account of their religious opinions or worship, provided they respect the laws and established customs of the country. And the bodies of the citizens of the one who may die in the territory of the other shall be interred in the public cemeteries, or in other decent places of burial, which shall be protected from all violation or insult by the local authorities.
The citizens of each of the high contracting parties, within the jurisdiction of the other, shall have power to dispose of their personal property by sale, donation, testament, or otherwise; and their personal representatives, being citizens of the other contracting party, shall succeed to their personal property, whether by testament or ab intestato. They may take possession thereof, either by themselves or by others acting for them, at their pleasure, and dispose of the same, paying such duty only as the citizens of the country wherein the said personal property is situated shall be subject to pay in like cases. In the absence of a personal representative, the same care shall be taken of the property as by law would be taken of the property of a native in a similar case, while the lawful owner may take measures for securing it. If a question as to the rightful ownership of the property should arise among claimants, the same shall be determined by the judicial tribunals of the country in which it is situated.