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shall be the rule; and provided that no other arrangement is made between the demanding governments according to which preference may be given either on account of the gravity of the crime committed or for any other reason.
ARTICLE XI. All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence charged, or being material as evidence in making proof of the crime or offence, shall, so far as practicable, and if the competent authority of the state applied to orders the delivery thereof, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected.
ARTICLE XII. 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 or functionaries 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 or functionaries as receive only fees or perquisites shall not exceed their customary fees for the 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 or functionaries.
ARTICLE XIII. In the colonies and other possessions of the two high contracting parties, the manner of proceeding may be as follows:
The requisition for the surrender of a fugitive criminal who has taken refuge in a colony or foreign possession of either party may be made to the governor or chief authority of such colony or possession by the chief consular officer of the other in such colony or possession; or if the fugitive has escaped from a colony or foreign possession of the party on whose behalf the requisition is made, by the governor or chief authority of such colony or possession.
Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective governors or chief authorities, who, however, shall be at liberty either to grant the surrender or refer the matter to their government.
ARTICLE XIV. 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 conventions of November 9, 1843, February 24, 1845, and February 10, 1858, shall cease to be in force except as to crimes therein enumerated and committed prior to that date.
The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it shall remain in force for a period of six months after either of the two governments shall have given notice of a purpose to terminate it.
In witness whereof, the respective plenipotentiaries have signed the above articles both in English and the French languages and have hereunto affixed their seals. Done in duplicate at Paris, on the 6th January 1909,
[SEAL] HENRY WHITE [SEAL S. Pichon
GENERAL ARBITRATION TREATY BETWEEN THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC.1
Signed at Washington and Paris, August 3, 1911.
(Unratified at the date of publication in the JOURNAL.] The United States of America and the French Republic being equally desirous of perpetuating the firm, inviolable and universal peace, which has happily existed between the two nations from the earliest days of American independence, and which has been confirmed and strengthened by their close relations of friendship and commerce, and there being no important question of difference now outstanding between them, and both nations being resolved that no future difference shall be a cause of hostilities between them or interrupt their good relations;
The high contracting parties have, therefore, determined, in furtherance of this end, to conclude a treaty extending the scope and obligations of the policy of arbitration adopted in their present arbitration treaty of February 10, 1908, so as to exclude certain exceptions contained in that treaty and to provide means for the peaceful solution of all questions of difference which it shall be found impossible in future to settle by diplomacy.
1 Confidential Executive I, 62d Cong., 1st Session.
And for that purpose they have appointed as their respective plenipotentiaries: The President of the United States of America, the Honorable
Philander C. Knox, Secretary of State of the United States; and The President of the French Republic, His Excellency J. J. Jusserand,
Ambassador of the French Republic at Washington;
ARTICLE I. All differences hereafter arising between the high contracting parties, which it has not been possible to adjust by diplomacy, relating to international matters in which the high contracting parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The IIague by the Convention of October 18, 1907, or to some other arbitral tribunal as may be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define the scope of the powers of the arbitrators, ihe question or questions at issue, and settle the terms of reference and the procedure thereunder.
The provisions of Articles 37 to 90, inclusive, of the Convention for the Pacific Settlement of International Disputes concluded at the Second Peace Conference at The Ilague on the 18th October, 1907, so far as applicable, and unless they are inconsistent with or modified by the provisions of the special agreement to be concluded in each case, and excepting Articles 53 and 54 of such convention, shall govern the arbitration proceedings to be taken under this treaty.
The special agreement in each case shall be made on the part of the United States by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of France subject to the procedure required by the constitutional laws of France.
Such agreements shall be binding when confirmed by the two governments by an exchange of notes.
The high contracting parties further agree to institute as occasion arises, and as hereinafter provided, a joint high commission of inquiry to which, upon the request of either party, shall be referred for impartial and conscientious investigation any controversy between the parties within the scope of Article I, before such controversy has been submitted to 9rbitration, and also any other controversy hereafter arising between them even if they are not agreed that it falls within the scope of Article I; provided, however, that such reference may be postponed until the expiration of one year after the date of the formal request therefor, in order to afford an opportunity for diplomatic discussion and adjustment of the questions in controversy, if either party desires such postponement.
Whenever a question or matter of difference is referred to the joint high commission of inquiry, as herein provided, each of the high contracting parties shall designate three of its nationals to act as members of the commission of inquiry for the purposes of such reference; or the commission may be otherwise constituted in any particular case by the terms of reference, the membership of the commission and the terms of reference to be determined in each case by an exchange of notes.
The provisions of Articles 9 to 36, inclusive, of the Convention for the Pacific Settlement of International Disputes concluded at The Hague on the 18th October, 1907, so far as applicable and unless they are inconsistent with the provisions of this treaty, or are modified by the terms of reference agreed upon in any particular case, shall govern the organization and procedure of the commission.
The joint high commission of inquiry, instituted in each case as provided for in Article II, is authorized to examine into and report upon the particular questions or matters referred to it, for the purpose of facilitating the solution of disputes by elucidating the facts, and to define the issues presented by such questions, and also to include in its report such recommendations and conclusions as may be appropriate.
The reports of the commission shall not be regarded as decisions of thie questions or matters so submitted either on the facts or on the law, and shall in no way have the character of an arbitral award.
It is further agreed, however, that in cases in which the parties disagree as to whether or not a difference is subject to arbitration under Article I
of this treaty, that question shall be submitted to the joint high commission of inquiry; and if all or all but one of the members of the commission agree and report that such difference is within the scope of Article I, it shall be referred to arbitration in accordance with the provisions of this treaty.
The commission shall have power to administer oaths to witnesses and take evidence on oath whenever deemed necessary in any proceeding, or inquiry, or matter within its jurisdiction under this treaty; and the high contracting parties agree to adopt such legislation as may be appropriate and necessary to give the commission the powers above mentioned, and to provide for the issue of subpænas and for compelling the attendance of witnesses in the proceedings before the commission.
On the inquiry both sides must be heard, and each party is entitled to appoint an agent, whose duty it shall be to represent his government before the commission and to present to the commission, either personally or through counsel retained for that purpose, such evidence and arguments as he may deem necessary and appropriate for the information of the commission.
ARTICLE V. The commission shall meet whenever called upon to make an examination and report under the terms of this treaty, and the commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction of the two governments. Each commissioner, upon the first joint meeting of the commission after his appointment, shall, before proceeding with the work of the commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be entered on the records of the proceedings of the commission.
The United States and French sections of the commission may each appoint a secretary, and these shall act as joint secretaries of the commission at its joint sessions, and the commission may employ experts and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the commission and of the agents and counsel and of the secretaries shall be paid by their respective governments, and all reasonable and necessary joint expenses of the commission incurred by it shall be paid in equal moieties by the high contracting parties.