And whereas it ought to have been foreseen that the said actions on the part of the British and American authorities, which cannot be considered to have been justified by any threatening attitude of the Mataafans, should exasperate these latter and greatly endanger the peace of the country and the situation created by the surrender of the Malietoans on the 2: nd of January and by the establishment of the Provisional Government, and, therefore, the British and United States' authorities ought to have abstained from such proceedings; Whereas, with respect to the stopping of the street traffic, the measures relative thereto were in themselves contrary, as far as Germans were concerned, to the provisions of the Berlín General Act guaranteeing them the same rights of residence, trade, and personal protection as subjects and citizens of the two other Powers, and, at all events, those measures constituting only a detail of the military operations at the time, the question whether or not they were unwarranted under the circumstances depends on the same considerations as those which concern the military action in general; Whereas the above considerations apply equally to all the claims before Us, whether presented under the Arbitration Convention itself or under the subsequent arrangement; For these reasons, We are of opinion That the military action in question, viz. the bringing back of the Malietoans and the distribution to them of arms and ammunition, the bombardment, the military operations on shore, and the stopping of the street traffic, cannot be considered as having been warranted; And that, therefore, His Britannic Majesty's Government and the United States' Government are responsible under the Convention of the 7th of November 1899 for losses caused by said military action; While reserving for a future decision the question as to the extent to which the two Governments, or each of them, may be considered responsible for such losses. In testimony whereof We have signed this present Decision and have ordered Our Royal Seal to be affixed hereunto. Done in triplicate at Our Royal Palace at Stockholm on the fourteenth day of October in the year of Our Lord one thousand nine hundred and two. OSCAR. [L. S.] 1899. CONVENTION TO ADJUST THE QUESTION BETWEEN THE UNITED STATES, GERMANY, AND GREAT BRITAIN IN RESPECT TO THE SAMOAN ISLANDS. Concluded December 2, 1899; ratification advised by Senate January 16, 1900; ratified by the President February 13, 1900; ratifications exchanged February 16, 1900; proclaimed February 16, 1900. ARTICLES. I. General act and treaties annulled. II. Reciprocal renunciations. III. Commercial privileges. The President of the United States of America, His Imperial Majesty the German Emperor, King of Prussia, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, desiring to adjust amicably the questions which have arisen between them in respect to the Samoan group of Islands, as well as to avoid all future misunderstanding in respect to their joint or several rights and claims of possession or jurisdiction therein, have agreed to establish and regulate the same by a special convention; and whereas the Governments of Germany and Great Britain have, with the concurrence of that of the United States, made an agreement regarding their respective rights and interests in the aforesaid group, the three Powers before named in furtherance of the ends above mentioned have appointed respectively their Plenipotentiaries as follows: The President of the United States of Amercia, The Honorable John Hay, Secretary of State of the United States; His Majesty the German Emperor, King of Prussia, His Ambassador Extraordinary and Plenipotentiary, Herr von Holleben; and Her Majesty the Queen of Great Britain and Ireland, Empress of India, the Right Honorable Lord Pauncefote of Preston, G. C. B., G. C. M. G., Her Britanic Majesty's Ambassador Extraordinary and Plenipotentiary: who, after having communicated each to the other their respective full powers which were found to be in proper form, have agreed upon and concluded the following articles: ARTICLE I. The General Act concluded and signed by the aforesaid Powers at Berlin on the 14th day of June, A. D. 1889, and all previous treaties, conventions and agreements relating to Samoa, are annulled. ARTICLE II. Germany renounces in favor of the United States of America all her rights and claims over and in respect to the Island of Tutuila and all other islands of the Samoan group east of Longitude 171° west of Greenwich. Great Britain in like manner renounces in favor of the United States of America all her rights and claims over and in respect to the Island of Tutuila and all other islands of the Samoan group east of Longitude 171° west of Greenwich. Reciprocally, the United States of America renounce in favor of Germany all their rights and claims over and in respect to the Islands of Upolu and Savaii and all other Islands of the Samoan group west of Longitude 171° west of Greenwich. ARTICLE III. It is understood and agreed that each of the three signatory Powers shall continue to enjoy, in respect to their commerce and commercial vessels, in all the islands of the Samoan group privileges and conditions equal to those enjoyed by the sovereign Power, in all ports which may be open to the commerce of either of them. ARTICLE IV. The present Convention shall be ratified as soon as possible, and shall come into force immediately after the exchange of ratifications. In faith whereof, we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals. Done in triplicate, at Washington, the second day of December, in the year of Our Lord one thousand eight hundred and ninety-nine. SAN MARINO. 1906. EXTRADITION TREATY. Signed January 10, 1906; ratification advised by the Senate April 17, 1908; ratified by the President May 7, 1908; ratifications exchanged June 8, 1908; proclaimed June 12, 1908. TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF SAN MARINO FOR THE MUTUAL EXTRADITION OF FUGITIVE CRIMINALS. The United States of America and the Republic of San Marino having judged it expedient with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with or convicted of the crimes and offences hereinafter enumerated, and being fugitive from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose and have appointed as their Plenipotentiaries: The President of the United States of America, His Excellency, Henry White, Ambassador Extraordinary and Plenipotentiary to the Kingdom of Italy; The Captains-Regent of the Republic of San Marino, His Excellency, Senator Cavaliere Gaspare Finali, Cavaliere of the Supreme Order of the S. S. Annunziata, etc. etc. Political Counsellor of the Republic of San Marino: 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 San Marino mutually agree to deliver up persons who, having been charged, as principals or accessories, 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 had been there committed. ARTICLE II. Persons shall be delivered up who shall have been convicted of or be charged, according to the provisions of this convention, with any of the following crimes: 1. Murder, comprehending the crime of parricide, assassination, poisoning and infanticide. 2. The attempt to commit murder. 3. Rape, or attempt to commit rape. Bigamy. Abortion. 4. Arson. 5. Piracy, or mutiny on shipboard whenever the crew, or part thereof, shall have taken possession of the vessel by fraud or by violence against the commander. 6. Larceny; the crime of burglary, defined to be the act of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods by violence or putting him in fear; and the corresponding crimes punished by the penal code of San Marino under the description of thefts committed in an inhabited house by night, and by breaking in by climbing or forcibly, and thefts committed with violence or by means of threats. 7. The crime of forgery, by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign, or governmental acts. 8. The fabrication or circulation of counterfeit money either coin. or paper, or of counterfeit public bonds, coupons of the public debt, bank notes, obligations, or in general anything being a title or instrument of credit; the counterfeiting of seals and dies, impressions, stamps, and marks of State and public administrations, and the utterance thereof. 9. The embezzlement of public moneys committed within the jurisdiction of either party by public officers or depositaries. 10. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when the crime is subject to punishment by the laws of the place where it was committed, and the amount of money or the value of the property embezzled is not less. than two hundred dollars or one thousand francs. 11. Wilful and unlawful destruction or obstruction of railroads which endangers human life. 12. Obtaining money, valuable securities or other property by false pretences, when such act is made criminal by the laws of both countries and the amount of money or the value of the property fraudulently obtained is not less than two hundred dollars or one thousand francs. 13. Kidnapping of minors. 14. Reception of articles obtained by means of one of the crimes or offences provided for by the present Convention. 24449-VOL 2-10-24 |