ARTICLE IV. Where the arrest and detention of a fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States. When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Republic of Chile, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. ARTICLE V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty. ARTICLE VI. A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character. No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition. If any question shall arise as to whther a case comes within the provisions of this article, the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition, shall be final. ARTICLE VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE VIII. No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered. ARTICLE IX. 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. ARTICLE X. 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. ARTICLE XI. 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. ARTICLE XII. 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 100. CHINA. * ** [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."] 1844. 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. ARTICLES. I. Peace and amity. (See Art. I, p. 135.) II. Import and export duties. (See Treaty of November 8, III. Open ports. (See Art. XIV, p. 139.) V. Commerce. (See Art. XV, p. 140.) 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.) IX. Custom-house officers. (See Art. XVIII, 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.) XIV. Transshipment of goods. (See Art. XXIII, p. 143.) 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.) XX. Reexportation. (See Art. XXI, p. 142.) XXI. Punishment for crimes. (See Art. XI. p. 138.) XXII. Trade with China in case of war. (See Art. XXVI, 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. XXVIII, p. 14.) XXV. Rights of United States citizens. (See Art. XXVII, p. 14.) XXVI. Merchant vessels in Chinese waters. (See Art. XIII, p. 139.) XXVII. Shipwrecks, etc. (See Art. XIII, p. 139.) 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.) XXXII. Naval vessels in Chinese waters. (See Art. IX. 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 same. 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. [SEAL.] C. CUSHING TSIYENG, (in Manchu language.) [SEAL.] The Tariff of Duties to be levied on imported and exported Merchandise at the Five Ports. (See Convention of November 8, 1858, p. 146.) |