페이지 이미지
PDF
[graphic]

shall be borne by the Government of the country where such persons may have taken refuge.

X. When there shall have elapsed from the day on which the refugee shall have been placed at the disposal of the Government making the demand, a space of 3 months, with respect to persons taking refuge in the European provinces of Spain and Bavaria, and of 6 months for those taking refuge iu the Spanish colonies, without the said Government having taken steps to assume the charge of such persons, the extradition may be denied, and the persons set at liberty.

XI. The High Contracting Parties reserve to themselves to settle by mutual agreement and according to the nature of the cases, the formalities which shall be observed for the delivery of criminals, and to decide at what points of their territory the said delivery shall be effected, and also .the other accessory measures which may appear necessary for the complete and punctual execution of the present Convention.

XII. Whenever the examination of witnesses appears necessary for the investigation of the facts or any similar proceeding on a criminal trial, due course shall be given by the competent authority of one of the two States, and in conformity with its laws, to the requisition which shall be forwarded there for that purpose through the diplomatic channel by the competent authority of the other State.

Such a step shall not, however, be claimed if the investigation of the case be directed against a subject of the State to whom the demand is made, and who shall not yet have been arrested by the Government making the demand, or if the offence for which he is indited be not punishable by the laws of the State of which the examination of witnesses is demanded.

The respective Governments renounce any claim which may have for its object the payment of the expenses arising from the execution of such requisitions.

XIII. If in a criminal case the personal presence of a witness should be found necessary, the Government of the country to which the said witness belongs shall request him to present himself before the tribunal claiming his presence; and if the witness consents, the expenses of his journey and residence shall be paid to him iu conformity with the tariffs and regulations in force in the country where he shall have to make his declaration.

XIV. The present Convention shall begin to be in force 10 days after its publication in the form prescribed by the laws of both States.

It shall be obligatory for the space of 5 years, reckoning from the day of its ratification, and shall continue to be in force for 5 years more, and so on successively from 5 years to 5 years, if one of the Contracting Parties shall not announce to the other, one year previous to the expiration of the said term, the termination of this Convention.

It shall be ratified and the ratifications shall be exchanged within two months, or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed the present Convention in duplicate, in the Spanish and German languages, and have sealed it with the seal of their arms.

Done in Vienna, this 28th of June, of the year of Grace 1860.

(L.S.) LUIS LOPEZ DE LA TORRE AYLLON.
(L.S.) GRAF VON STEINBURG.

CONVENTION between Spain and Venezuela, for the renewal of Diplomatic Relations, and for the Settlement of Claims of Spanish Subjects.Signed at Santander, August 12, 1861.

[Ratifications exchanged at Madrid, November 16,1861. j (Translation.)

The frequent Conferences between the Undersigned, the Minister of State of Her Catholic Majesty, and the Envoy of the Republic of Venezuela, have convinced the Queen's Government of the sincerity of the feelings of affection and friendship which animate the said Republic, and that most of the injuries suffered by Spanish subjects have been chiefly caused by the unfortunate state in which that country has for a long time been.

Her Catholic Majesty's Government, not wishing to aggravate this state of things, but on the contrary being desirous to contribute by all legitimate means in their power to change or at least improve it, by giving to the Government the strength which arises out of friendly relations with other States, and which is weakened or lost through international conflicts, have agreed to renew the interrupted relations (between the two countries), basing them on solid foundations, worthy of the honour of the two nations, and which may be a sure guarantee for their respective interests, and agreeable to the principles of the law of nations, which are, unfortunately, forgotten or ignored in the midst of civil disturbances.

The two Governments, then, being anxious to establish the firmest friendship between two nations united by so many links, and whose origin, sentiments, and welfare all require that they ought to be friends, have agreed, the Government of Spain through the medium of Her Catholic Majesty's Minister of State, he being fully authorized, and that of Venezuela through its representative, Senor Don Ferrain Toro, who has been invested for the purpose with the necessary powers, on the following stipulations:

[graphic]

I. The Government of the Eepublic of Venezuela shall in ■ demnify Her Catholic Majesty's subjects for the injuries done them by the authorities, or by the Government forces, in conformity with the proofs brought forward by the interested parties.

II. The murderers of Spanish subjects and their accomplices shall be prosecuted and punished according to the laws.

III. If in any case it shall be legally proved that the local authorities dependent upon the Government did not afford proper protection to Her Catholic Majesty's subjects, they having the means and power to do so, the Government of the Eepublic of Venezuela shall grant tbe corresponding indemnity for the injuries inflicted on them by factions or illegal authorities.

IV. Spanish subjects who have received injuries from factions, must prove the negligence of the legitimate authorities in adopting proper measures to protect their interests and persons, and to punish or repress the guilty parties.

V. The Government of the Republic of Venezuela shall give Spanish subjects the necessary protection for them to prove the injuries they have suffered, and the causes which gave rise to the said injuries.

VI. The decision of all the reclamations which have been made, or which may hereafter be made for the above-mentioned injuries, shall be adopted by the two Governments in conformity with the sentiments of rectitude and good faith, and with the principles of justice by which they are animated.

In faith whereof Her Catholic Majesty's Minister of State and the Representative of the Government of the Republic of Venezuela, in virtue and in the exercise of the powers conferred on them, sign two documents of the same tenor, and seal them with their usual seals, in order that due effect may be given to them in the Chanceries of the respective Governments whose representation has been confided to the Undersigned in this affair, and to whose formal and explicit ratification the said documents must be submitted, in order that the stipulations contained in them may serve as unalterable rules in the matters now pending, and in those which may arise hereafter.

Santander, August 12th, 1861.

(L.S.) SATUENINO CALDEEON COLLANTES.
(L.S.) PERMIN TOEO.

TREATY of Peace between Spain and Morocco.Signed at Madrid, October 30, 1861.

(Translation.)

In the name of Almighty God. Treaty concluded between the most powerful Princes Her Majesty Dona Isabella II., Queen of the Spains, and Sidi Mohammed, Sultan of Morocco, for the arrangement of the differences which, have arisen respecting the fulfilment of the Melilla boundary Convention, and of the Treaty of Peace concluded between both Crowns in the years 1859 and 1860 last past, the Contracting Parties being, for Her Catholic Majesty, her Plenipotentiary Don Saturnino Calderon Collautes, formerly Minister of the Interior and of Commerce, Instruction, and Public Works, Senator of the Kingdom, Grand Cross of the Royal Orders of Charles III. and Isabella the Catholic, Grand Cordon of the Imperial Order of the Legion of Honour of Prance, and of that of Leopold of Belgium, Grand Cross of tbe Pontifical Order of Pius IX., of that of Lewis of Hesse-Darmstadt, of that of Danebrog of Denmark, of that of the Polar Star of Sweden, of that of St. Januarius of the Two Sicilies, of that of the Conception of Villaviciosa of Portugal, and of the Hanoverian Guelphic Order, &c, Her First Secretary of State and Department, and for His Majesty of Morocco, his Ambassador Plenipotentiary the Caliph of the Prince of the Believers, Son of the Prince of Believers, Muley-el-Abbas, who, after having communicated to each other their respective full powers, have agreed on the following Articles:

Aet. I. The Spanish troops shall evacuate the city of Tetuan and its territory as soon as the delivery of 3,000,000 of dollars in cash to the persons commissioned by the Government of Her Majesty the Queen to receive them, shall be effected.

II. The 10,000,000 of dollars remaining to complete the war indemnity stipulated for in the Treaty of Peace, shall be paid with the half of the produce of the Custom-IIouses of all the ports of the Empire of Morocco, which the Sultan places at the disposal of the Queen of Spain, in order that she may cause it to be collected by means of the officers whom she may appoint for the purpose. The other half of that produce remains reserved for His Majesty the Sultan.

III. The comptrollers and collectors whom Her Majesty the Queen of Spain may appoint to receive the half of the said produce, shall commence the discharge of their functions, a month before the day on which the evacuation of Tetuan takes places.

IV. The demarcation of the limits of the fortress of Melilla shall be made in conformity with the Convention of August 24, 1859, confirmed by the Treaty of Peace of April 26, I860* The surrender of those limits to the Government of Her Majesty the Queen of Spain shall inevitably take place before the evacuation of the city of Tetuan.

V. The Treaty of Commerce mentioned by Article XIII of the Treaty of Peace shall likewise be signed and ratified before the evacuation of Tetuan and its territory.

VI. Her Majesty the Queen of Spain shall have the power of ordering that a house of missionaries be established in the city of Tetuan, like that which exists at Tangier, and that which she is authorized to establish by Article X of the Treaty of Peace. The missionaries shall be at liberty to devote themselves to the exercise of their sacred ministry in every part of the Empire of Morocco, nnd their persons and the houses and establishments in which they may reside shall enjoy the most complete security and the especial protection of His Majesty the Sultan and of his authorities.

VII. The conditions stipulated in the preceding Articles shall be fulfilled within the fixed period of 5 months, which shall begin to count from the day on which the Caliph shall return to the city of Tangier; but if they should be entirely carried out before the (expiration of the) period specified, the evacuation of the city of Tetuan and of its territory shall be effected immediately afterwards.

VIII. The Articles of the Treaty of Peace of April 26, 1860, which have not been modified or abrogated by the provisions of the present Treaty remain in full force and vigour.

This Treaty shall be ratified at the earliest date possible, and the exchange of the ratifications shall be effected at Tangier within a period of 20 days.

In faith whereof the Undersigned Plenipotentiaries have drawn up this Treaty in the Spanish and Arabic languages in 4 copies, one for Her Catholic Majesty, another for His Majesty the Snltan of Morocco, another to remain in the hands of the Charge d'Affaires of Spain in Morocco, and another in the hands of the person charged with the conduct of the foreign relations of that Empire, and tho "Undersigned Plenipotentiaries have signed and sealed them with their respective seals at Madrid, on the 30th of October, 1861 of the Christian era, and the 25th of Rabiaa II, 1278 of the Hegira.

(L.S.) SATUENINO CALDERON COLLANTES.
(L.S.) EL ABBAS.

• Vol. 51. Page 928.

« 이전계속 »