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ated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence, and such sentence shall have been carried into effect. ARTICLE XXVII.

Extradition of

criminale.

The United States of America and the Dominican Republic, on requisitions made in their name through the medium of their respective Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum, or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws.

Proviso.

Crimes for which surrender is to be made.

ARTICLE XXVIII.

Persons shall be delivered up according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: Murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder; rape; forgery; the counterfeiting of money; arson; robbery with violence, intimidation, or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment.

Surrender how to

ARTICLE XXIX.

On the part of each country the surrender shall be made only by the authority of the Executive thereof. The expenses of detenbe made. Expenses. tion and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.

ARTICLE XXX.

The provisions of the aforegoing articles relating to the surrender of No surrender for fugitive criminals shall not apply to offences committed political offenses. before the date hereof, nor to those of a political char

acter.

ARTICLE XXXI.

This convention is concluded for the term of eight years, dating from the exchange of the ratifications; and if one year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention to the

Convention to last for eight years.

other to arrest the operations of said convention, it shall continue binding for twelve months longer, and so on, from year

Continuance

to year, until the expiration of the twelve months which will follow a similar declaration, whatever the time at which it may take place.

ARTICLE XXXII.

This convention shall be submitted on both sides to the approval and ratification of the respective competent authorities of each Convention to be of the contracting parties, and the ratifications shall be ratified. exchanged at Santo Domingo as soon as circumstances shall admit.

In faith whereof the respective Plenipotentiaries have signed the aforegoing articles, in the English and Spanish languages, and they have hereunto affixed their seals.

Done in duplicate at the city of Santo Domingo, this eighth day of February, in the year of our Lord one thousand eight hundred and sixty-seven.

JNO. SOMERS SMITH. [L. S.
JOSÉ G. GARCIA.

JUAN R. FIALLO.

[L. S.

L. S.

ECUADOR.

ECUADOR, 1839.

TREATY WITH ECUADOR, CONCLUDED JUNE 13, 1839; RATIFICATIONS EXCHANGED AT QUITO APRIL 9, 1842; PROCLAIMED SEPTEMBER 23,

1842.

Treaty of peace, friendship, navigation, and commerce between the United States of America and the Republic of Ecuador.

The United States of America and the Republic of Ecuador, desiring to make lasting and firm the friendship and good understanding which happily prevails between both nations, 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 friendship, commerce, and navigation. For this most desirable object the President of the United States of America has conferred full powers on James C. Pickett, a citizen of the said States, and the President of the Republic of Ecuador, on Doctor Luis de Saá, Minister of Finance, charged with the Department of the Interior and Foreign Relations; who, after having exchanged their said full powers in due and proper form, have agreed to the following articles:

riendship.

ARTICLE I.

There shall be a perfect, firm, and inviolable peace and sincere friendTo be a peace and ship between the United States of America and the Republic of Ecuador, in all the extent of their possessions and territories, and between their people and citizens, respectively, without distinction of persons or places.

ARTICLE II.

Favors granted by either, to other na tions, to be common to the other.

The United States of America and the Republic of Ecuador, 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 favor 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 was freely made, or, on allowing the same compensation, if the concession was conditional.

to

Mutual benefits in

be

equally en

ARTICLE III.

The two high contracting parties, being likewise desirous of placing the commerce and navigation of their respective countries trade and residence on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures, and merchandise; and they shall

joyed.

enjoy all the rights, privileges, and exemptions in navigation and commerce which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens are subjected; but it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. And it is further agreed that this article shall be subject to the following modification: That whereas, by a law of Ecuador of March Privileges granted 21st, 1837, vessels built in the dock-yard of Guayaquil shall to vessels built in be exempted from various charges, therefore vessels of the Guayaquil United States cannot claim this privilege, but shall enjoy it if it should be granted to vessels belonging to Spain, or to Mexico, and to the other Hispano-American Republics.

ARTICLE IV.

the dock-yard at

their cargoes.

They likewise agree that whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to Equalization of du time, lawfully imported into the United States in their own ties on vessels and vessels, may be also imported in the vessels of the Republic of Ecuador; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or of the other; and, in like manner, that whatever kind of produce, manufactures, or merchandise of any foreign country can be, from time to time, lawfully imported into the Republic of Ecuador in its own vessels, may be also imported in vessels of the United States; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that whatever may Vessels of both na be lawfully exported or re-exported from the one country in tions its own vessels, to any foreign country, may, in like man- tations, drawbacks ner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the United States or of the Republic of Ecuador.

ARTICLE V.

on the same footing as to expor

thereon, &c.

For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of What shall be conEcuador, it has been stipulated and agreed that all vessels sidered Ecuadorian belonging exclusively to a citizen or citizens of said Republic,

vessels.

and whose captain is also a citizen of the same, though the construction or the crew are or may be foreign, shall be considered, for all the objects of this treaty, as an Ecuadorian vessel.

ARTICLE VI.

be

on a reciprocal foot

ing.

No higher or other duties shall be imposed on the importation into the United States of any articles, the produce or manufac- Importations and tures of the Republic of Ecuador; and no higher or other exportation to duties shall be imposed on the importation into the Republic of Ecuador of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or manufactures of any other foreign country; nor shall any higher

or other duties or charges be imposed in either of the two countries, on the exportation of any articles to the United States or to the Republic of Ecuador, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportation or importation of any articles tions to be estab- the produce or manufactures of the United States or of the Republic of Ecuador, to or from the territories of the United States, or to or from the territories of the Republic of Ecuador, which shall not equally extend to all other nations.

No partial prohibi

lished.

own business in the

to be treated as citi

ARTICLE VII.

It is likewise agreed that it shall be wholly free for all merchants, Citizens of either commanders of ships, and other citizens of both countries, free to manage their to manage themselves their own business in all the ports country of the other; and places subject to the jurisdiction of each other, as well zens thereof. with respect to the consignment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or, at least, to be placed on a footing with the subjects or citizens of the most favored nation. They shall be subject, however, to such general taxes and contributions as are or may be established by law.

No embargo, &c.,

ARTICLE VIII.

The citizens of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, without indemnifica merchandises, or effects for any military expedition, nor for any public or private purpose whatever, without allowing to those interested a sufficient indemnification.

tion.

Vessels seeking reweather, &c., to be

ARTICLE IX.

Whenever the citizens of either of the contracting parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or fuge from stress of dominions of the other, with their vessels, whether merchant protected, &c. or of war, public or private, through stress of weather, pursuit of pirates or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyage without obstacle or hindrance of any kind.

ARTICLE X.

All the ships, merchandise, and the effects belonging to the citizens Captures by pi- of one of the contracting parties, which may be captured rates to be restored. by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving, in due and proper form, their rights before the competent tribunals, it being well understood that the claim should be made within the term of one year by the parties themselves, their attorneys, or agents of their respective Governments.

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