CONVENTION. With a view to secure for the manufacturers in the United States of America, and those in Denmark, the reciprocal protection of their Trade Marks and Trade Labels, the undersigned, duly authorized to that effect, has agreed on the following dispositions: ARTICLE. The subjects or citizens of each of the High Contracting Parties shall in the Dominions and Possessions of the other have the same rights as belong to native subjects or citizens, in everything relating to Trade Marks and Trade Labels of every kind. Provided, always, that in the United States the subjects of Denmark, and in Denmark the citizens of the United States of America, cannot enjoy these rights to a greater extent or for a longer period of time than in their native country. ARTICLE II. Any person in either country desiring protection of his Trade Mark in the Dominions of the other must fulfil the formalities required by the law of the latter; but no person, being a subject or citizen of one of the contracting States, shall be entitled to claim protection in the other by virtue of the provisions of this convention, unless he shall have first secured protection in his own country in accordance with the laws thereof. ARTICLE III. This arrangement shall go into effect inmediately on or after the exchange of the ratifications, and shall be in force until a year after it has been recalled by the one or the other of the two High Parties. ARTICLE IV. The present convention shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by His Majesty the King of Denmark, and the ratifications shall be exchanged at Copenhagen as soon as may be within ten months from the date hereof. In witness whereof the undersigned have signed the present convention and have affixed thereto the seal of their arms. Done at Copenhagen in double expedition the 15. June, 1892. CLARK E. CARR. [SEAL] And whereas the said convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the city of Copenhagen on the twenty-eighth day of September, one thousand eight hundred and ninety-two; Now, therefore, be it known that I, BENJAMIN HARRISON, President of the United States of America, have caused the said convention to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Convention between the United States of America and the Republic of Chile, for the Settlement of Certain Claims of the Citizens of Either Country Against the Other. Signed at Santiago, August 7, 1892. Ratification advised by the Senate, December 8, 1892. Ratified by the President of the United States, December 16, 1892. Ratified by the President of Chile, December 23, 1892. Katifications exProclaimed, Januchanged, January 26, 1893. ary 28, 1893. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A Proclamation. Whereas, a Convention between the United States of America and the Republic of Chile, for the settlement of certain claims of the citizens of either country against the other, was concluded and signed by their respective plenipotentiaries, at the City of Santiago, on the seventh day of August, in the year one thousand eight hundred and ninety-two, which Convention is word for word as follows: The United States of America and the Republic of Chile, animated by the desire to settle and adjust amicably the claims made by the citizens of either country against the Government of the other, growing out of acts committed by the civil or military authorities of either country, have agreed to make arrangements for that purpose, by means of a Convention, and have named as their Plenipotentiaries to confer and agree upon as follows: The President of the United States of America, Patrick Egan, Envoy Extraordinary and Minister Plenipotentiary of the United States at Santiago, and the President of the Republic of Chile, Isidore Errázuriz, Minister of Foreign Relations of Chile; Who, after having communicated to each their respective full powers, found in good and true form, have agreed upon the following articles: ARTICLE I. All claims on the part of corporations, companies or private individuals, citizens of the United States, upon the Government of Chile, arising out of acts committed against the persons or property of citizens of the United States not in the service of the enemies of Chile, or voluntarily giving aid and comfort to the same, by the civil or military authorities of Chile; and on the other hand, all claims on the part of corporations, companies or private individuals, citi: zens of Chile, upon the Government of the United | may think proper, but upon such evidence or States, arising out of acts committed against the information only as shall be furnished by or on persons or property of citizens of Chile, not in the behalf of the respective Governments. They service of the enemies of the United States, or shall be bound to receive and consider all written voluntarily giving aid and comfort to the same, documents or statements which may be presented by the civil or military authorities of the Govern- to them by or on behalf of the respective Govment of the United States, shall be referred to ernments in support of, or in answer to, any three Commissioners, one of whom shall be claim, and to hear, if required, one person on named by the President of the United States, each side whom it shall be competent for each and one by the President of the Republic of Government to name as its Counsel or Agent to Chile, and the third to be selected by mutual present and support claims on its behalf, on each accord between the President of the United and every separate claim. Each Government States and the President of Chile. In case the shall furnish at the request of the CommissionPresident of the United States and the President ers, or of any two of them, the papers in its posof Chile shall not agree within three months session which may be important to the just from the exchange of the ratifications of this determination of any of the claims laid before Convention to nominate such third Commisioner, the Commission. then said nomination of said third Commissioner shall be made by the President of the Swiss Confederation. ARTICLE II. ARTICLE VI. The concurring decisions of the Commissioners, or of any two of them, shall be conclusive and final. Said decisions shall in every case be The said Commission, thus constituted, shall given upon each individual claim, in writing, be competent and obliged to examine and decide stating in the event of a pecuniary award being upon all claims of the aforesaid character pre-made, the amount or equivalent value of the sented to them by the citizens of either country. same in gold coin of the United States; and in the event of interest being allowed on such ARTICLE III. In case of the death, prolonged absence or in-award, the rate thereof and the period for which capacity to serve of one of the said Commission- shall not extend beyond the close of the Comit is to be computed shall be fixed, which period ers, or in the event of one Commissioner omitmission; and said decision shall be signed by the Commissioners concurring therein. ting, or declining, or ceasing to act as such, then the President of the United States, or the President of the Republic of Chile, or the President of the Swiss Confederation, as the case may be, shall forthwith proceed to fill the vacancy so occasioned by naming another Commissioner within three months from the occurrence of the vacancy. ARTICLE IV. ARTICLE VII. The High Contracting Parties hereby engage to consider the decision of the Commissioners, or of any two of them, as absolutely final and conclusive upon each claim decided upon by them, and to give full effect to such decisions without any objections, evasions, or delay what ever. ARTICLE VIII. The Commissioners named as hereinbefore provided shall meet in the City of Washington at the earliest convenient time within six months missioners within a period of two months Every claim shall be presented to the Comafter the exchange of ratifications of this Con- reckoned from the day of their first meeting for vention, and shall, as their first act in so meet-business, after notice to the respective Governing, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment and according to public law, justice and equity, without fear, favor or affection, all claims within the description and true meaning of Articles I. and II., which shall be laid before them on the part of the Governments of the United States and of Chile respectively; and such declaration shall be entered on the record of their proceedings; Provided, however, that the concurring judgment of any two Commissioners shall be adequate for every intermediate decision in the execution of their duty and for every final award. ARTICLE V. The Commissioners shall, without delay, after the organization of the Commission, proceed to examine and determine the claims specified in the preceding articles, and notice shall be given to the respective Governments of the day of their organization and readiness to proceed to the transaction of the business of the Commission. They shall investigate and decide said claims in such order and in such manner as they ments as prescribed in Article V of this Conshall be established to the satisfaction of the vention. Nevertheless, where reasons for delay Commissioners. or of any two of them, the period for presenting the claim may be extended by them to any time not exceeding two months longer. The Commissioners shall be bound to examine from the day of their first meeting for business and decide upon every claim within six months as aforesaid; which period shall not be extended except only in case the proceedings of the Commission shall be interrupted by the death, incapacity, retirement or cessation of the functions of any one of the Commissioners, in which event the period of six months herein prescribed shall not be held to include the time during which such interruption may actually exist. It shall be competent in each case for the said Commissioners to decide whether any claim has, or has not, been duly made, preferred, and laid before them, either wholly, or to any and what extent, according to the true intent and meaning of this Convention. ARTICLE IX. All sums of money which may be awarded by the Commissioners as aforesaid, shall be paid by the one Government to the other, as the case may be, at the capital of the Government to receive such payment, within six months after the date of the final award, without interest, and without any deduction save as specified in Article X. ARTICLE X. The Commissioners shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof; and the Governments of the United States and of Chile may each appoint and employ a Secretary versed in the languages of both countries, and the Commissioners may appoint any other necessary officer or officers to assist them in the transaction of the business which may come before them. Each Government shall pay its own Commissioner, Secretary and Agent or Counsel, and at the same or equivalent rates of compensation, as near as may be, for like officers on the one side as on the other. All other expenses, including the compensation of the third Commissioner, which latter shall be equal or equivalent to that of the other Commissioners, shall be defrayed by the two Governments in equal moieties. The whole expenses of the Commission, including contingent expenses, shall be defrayed by a ratable deduction on the amount of the sums awarded by the Commissioners, provided always that such deduction shall not exceed the rate of five per centum on the sum so awarded. If the whole expenses shall exceed this rate, then the excess of expense shall be defrayed jointly by the two Governments in equal moieties. ARTICLE XI. The High Contracting Parties agree to consider the result of the proceedings of the Commission provided for by this Convention as a full, perfect and final settlement of any and every claim upon either Government within the description and true meaning of Articles I. and II.; and that every such claim, whether or not the same may have been presented to the notice of, made, preferred or laid before the said Commis the President of the United States, by and with The present Convention shall be ratified by the advice and consent of the Senate thereof and by the President of the Republic of Chile, with the consent and approbation of the Congress of the same, and the ratifications shall be exchanged at Washington, at as early a day as may be possible, within six months from the date hereof. In testimony whereof, the respective Plenipotentiaries have signed the present Convention, in the English and Spanish languages, in duplicate, and hereunto affixed their respective seals. Done at the city of Santiago the seventh day of August, in the year of our Lord one thousand eight hundred and ninety-two. PATRICK EGAN. [SEAL] And whereas the said Convention has been ratified on both parts, and the ratifications of the two governments were exchanged in the city of Washington on the twenty-sixth day of January, one thousand eight hundred and ninety-three; Now, therefore, be it known that I, BENJAMIN HARRISON, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twentyeighth day of January, in the year of our Lord, one thousand eight hundred [SEAL] and ninety-three, and of the Independence of the United States the one hundred and seventeenth. BENJ. HARRISON. By the President: JOHN W. FOSTER, Secretary of State. XII. TREATIES AND CONVENTIONS PROCLAIMED BY PRESIDENT CLEVELAND. Treaty between the United States of Amer-] BY THE PRESIDENT OF THE UNITED STATES ica and the Kingdom of Sweden for the Extradition of Criminals. Concluded at Washington January 14, 1893. Ratification advised by the Senate February 2, 1893. Ratified by the President February 8, 1893. Ratified by the King February 10, 1893. Ratifications exchanged at Washington March 18, 1893. Proclaimed March 18, 1893. OF AMERICA. A Proclamation. Whereas, a Treaty between the United States and Sweden for the extradition of criminals was concluded and signed by their respective Plenipotentiaries at the city of Washington, on the fourteenth day of January, in the year one thousand eight hundred and ninety-three, which Treaty is word for word as follows: The United States of America and His Maj- | have been embezzled, stolen or fraudulently obesty the King of Sweden and Norway, being tained, when such act is made criminal by the desirous to confirm their friendly relations and laws of both countries and the amount of money to promote the cause of justice, have resolved to or the value of the property fraudulently obconclude a new treaty for the extradition of fugi- tained or received is not less than $200 or tives from justice between the United States of kronor 740. America and the Kingdom of Sweden, and have appointed for that purpose the following Plenipotentiaries: The President of the United States of America, John W. Foster, Secretary of State of the United States; and His Majesty the King of Sweden and Norway, J. A. W. Grip, His Majesty's Envoy Extraordin ary and Minister Plenipotentiary to the United States; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The Government of the United States and the Government of Sweden mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial, if the crime or offense has been there committed. 5. The counterfeiting, falsifying or altering 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 the same; or the counterfeiting, falsifying or altering of seals of state. 6. Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny; obtaining money, valuable securities or other property by false pretenses, or receiving money, valuable securities or other property knowing the same to в 7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than $200 or kronor 740. 8. Perjury; subornation of perjury. 10. Willful and unlawful destruction or obstruction of railroads which endangers human life. 11. Crimes committed at sea: a. Piracy, by statute or by the law of nations; b. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master; c. Wrongfully sinking or destroying a vessel at sea, or attempting to do so; with intent to do grievous bodily harm. both countries for the suppression of slavery and Extradition is also to take place for participation in any of the crimes and offenses mentioned in this treaty, provided such_participation may be punished, in the United States as a felony, and in Sweden by imprisonment at hard labor. ARTICLE III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers. shall have been convicted of a crime or offense,, If the person whose extradition is requested a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the and of the depositions or other evidence upon country where the crime has been committed,. which such warrant was issued, shall be produced. visions of this Treaty shall be carried out in the The extradition of fugitives under the pro-.. United States and Sweden, respectively, in conthe time being in force in the state on which the formity with the laws regulating extradition for demand for surrender is made. 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 the 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. In the Kingdom of Sweden 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 and 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 to be punished for any political crime or offense, or for any act connected therewith, commited previously to his extradition. If any question shall arise as to whether 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. 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 not 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 com pelled 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 the acts or services performed by in ordinary criminal proceedings under the laws them had such acts or services been performed 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 operate retroactively. On the day on which it takes effect the convention of March 21st, 1860, shall, as between the Governments of the United States and of Sweden, cease to be in force except as to crimes therein enumerated and committed prior to that day. 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 Extradition shall not be granted, in pursuance months after either of the contracting Governof the provisions of this Treaty, if legal proceed-ments shall have given notice of a purpose to ings 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. Nor 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 to 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. terminate it. In witness whereof the respective Plenipotentiaries have signed the above articles and have hereunto affixed their seals. Done in duplicate at the city of Washington this fourteenth day of January, one thousand eight hundred and ninety-three. JOHN W. FOSTER. [SEAL.] J. A. W. GRIP. SEAL. And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of Washington on the 18th day of March, one thousand eight hundred and ninety-three; Now, therefore, be it known that I, GROVER CLEVELAND, President of the United States of made public, to the end that the same and every America, have caused the said Treaty to be article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. 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 In witness whereof, I have hereunto set my offense, shall, so far as practicable and in con-hand and caused the seal of the United States to formity 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 be affixed. Done at the City of Washington, this 18th day of March, in the year of our Lord one thousand eight hundred and [SEAL] ninety-three, and of the Independence of the United States the one hundred and seventeenth. By the President: GROVER CLEVELAND. |
