general treaty of peace and amity, arbitration, commerce, etc., between the republics of costa rica, salvador, guatemala, and honduras.
The Governments of the Republics of Salvador, Guatemala, and Honduras, in conformity with the stipulations of the treaty of July 20th of the current year, concluded on board of the American cruiser Marblehead, and the Republic of Costa Rica acting on invitation of said countries, and desirous to be present at this act which concerns the entire Central American Fatherland, for the purpose of establishing peace on firm and stable foundations and binding closer their family relations and the ties which must unite them because of their common destiny, through the delegates hereafter to be named, have held various meetings in conference spreading upon the several minutes of the Protocol thus formed the conclusions reached on such an important subject; and all being desirous to give said agreements a more solemn form, they have concluded to embody them in a general treaty.
The representatives were, on behalf of the Republic of Costa Rica, His Excellency, Licentiate Don Luis Anderson; on behalf of Salvador, their Excellencies, Drs. Don Salvador Gallegos and Don Salvador Rodriguez González; on behalf of Guatemala, their Excellencies, Dr. Francisco Anguiano and Licentiate Don José Flamenco, and on behalf of Honduras, His Excellency, General Sotero Barahona, who after having presented their respective Full Powers, found to be in good and due form, have agreed to the following articles:
Article 1.
There shall be perpetual peace and a frank, loyal, and sincere friendship among the Republics of Costa Rica, Salvador, Guatemala, and Honduras, each and every one of the aforesaid Governments being in duty bound to consider as one of their principal obligations the maintenance of such peace and the preservation of such friendship, by endeavoring to contribute every means to procure the desired end, and to remove, as far as lies in their power, any obstacles, whatever their nature, which might prevent it. In order to secure such ends they shall always unite when the importance of the case demands it, to foster their moral, intellectual, and industrial progress, thus making their interests one and the same, as it becomes sister countries.
Article 2.
In the event, which is not to be expected, that any of the high contracting parties should fail to comply with or cause any deviation from any of the subjects agreed to in the present treaty, such event, as well as any particular difficulty which may arise between them, shall necessarily be settled by the civilized means of arbitration.
Article 3.
The Governments of Salvador, Guatemala, and Honduras, in conformity with the stipulations of the treaty executed on board the Marblehead, hereby appoint as umpires, Their Excellencies the Presidents of the United States of America and of the United Mexican States, to whom all particular difficulties arising among said Governments shall be submitted for arbitration.
For the purpose of agreeing on the manner to effect such arbitration, the above-mentioned Republics shall accredit, at the latest within three months from this date, their respective legations near the Governments of the United States of America and Mexico, and in the meanwhile arbitration shall be ruled according to the stipulations of the treaty of compulsory arbitration concluded in Mexico on the 29th of January, 1902.
[Page 858]Article 4.
Guatemala not having subscribed to the Corinto convention of January 20, 1902, Costa Rica, Salvador, and Honduras do hereby respectively declare, that said Corinto convention is to continue in force, and that any particular difference which may arise among them shall be settled in conformity with the aforesaid convention and with the regulations established by the Central American court of arbitration on the 9th of October of that year.
Article 5.
Citizens of any of the high contracting parties, resident in the territory of any of the other parties, shall enjoy the same civil, rights as native citizens, and shall be considered as naturalized citizens of the country of residence, provided they possess the qualifications required by the respective constitutional laws and have declared before the respective departmental authorities their intention of becoming citizens; or that they accept any public office or charge, in which case such intention is presumed. Nonnaturalized citizens shall be exempt from obligatory military service, either by sea or land, and from all forced loans, levies, or military requisitions, and under no circumstances shall they be obliged to pay more assessments, ordinary or extraordinary taxes, than those to which native citizens are subject.
Article 6.
The diplomatic agents of each of the high contracting parties shall exercise their good offices in order that due justice shall be administered their fellow citizens. It is well understood, however, that in the defense and protection of their rights and interests, and in their claims and complaints against the nation or private individuals, no other proceedings shall be resorted to than those which the laws of each signatory Republic may provide for their respective citizens, and they must conform to the final decision of the courts of justice.
Article 7.
Those who may have acquired a professional, literary, artistic, or industrial title in any of the contracting Republics shall be free to practice in any of the other countries, without any restraint whatever, their respective professions, arts, or trades, in conformity with the laws of the country of their residence, and without any other previous requirements than the presentation of the proper title or diploma, duly authenticated, and, in case of need, to establish the identity of the person and to obtain the approval of the executive power in case the law should so require.
Scientific or literary studies made in the universities, technical schools, institutes of secondary education in any of the contracting countries, shall also be valid after presentation of the proper authenticated documents certifying to such studies and corresponding identification.
Article 8.
Citizens of any of the signatory countries residing within the territory of any of the others, shall enjoy the right of literary, artistic, or industrial property (copyright) on the same terms and subject to the same requirements as those applying to their native-born citizens.
Article 9.
Commerce between the republics of Salvador, Guatemala, and Honduras of articles of their growth, produce, or manufacture, whether by sea, or through their land frontiers, shall be exempt from all fiscal duties, and shall not be burdened with any local or municipal import dues. In case of Salvador and Guatemala this exemption does not apply to their export duties. Products manufactured in the country with foreign raw material are excepted, and they shall only pay 50 per cent of the duty assessed upon them on their reciprocal importation from one country to another.
[Page 859]Notwithstanding the stipulations contained in the foregoing paragraph, the governments of the high contracting parties shall frame, of common accord, all such measures as may tend to prevent fraud under the exceptions herein stipulated.
Article 10.
In order that such national products, either natural or manufactured, may enjoy the exemption aforesaid, the political authority from the country of origin shall be required to certify to the origin of said article; and customhouse collectors, at the port of shipment, shall certify in a similar manner, that such product is a natural product of the respective country and that its origin is genuine.
Article 11.
The exemptions contained in the foregoing article shall not apply—
- 1.
- In respect to Guatemala and Salvador, to salt and sugar.
- 2.
- To the natural or manufactured products the monopoly of which actually is or may hereafter be established in each of the contracting republics for the benefit of the state.
- 3.
- To articles of illicit commerce and, in general, to all such articles that the governments may agree to exempt.
Article 12.
Whosoever in any manner defraud, or intend to defraud, the public treasury of any of the contracting parties under cover of any of the provisions of this treaty shall be prosecuted and punished as the fiscal laws of the respective countries may prescribe.
Article 13.
In respect to the commercial relations between the above-mentioned republics and Costa Rica, it is agreed, as a general proposition, that free importation shall be limited, for the present, only to such national products as can not be obtained in any of the other countries in quantities sufficient to meet the necessities of consumption, such articles to be freely designated and the extent of the exemptions established for each year by correspondence between the respective departments during-the next preceding year.
Article 14.
The merchant vessels of any of the four contracting parties shall be regarded as national (home) vessels while on the seas, coasts, and ports of any of the other countries. They shall enjoy the same exemptions, franchises, and concessions accorded to such vessels, and shall pay no other dues, nor be burdened with other charges than those affecting vessels of the respective countries.
Article 15.
Diplomatic and consular agents of the contracting republics in foreign cities towns, or ports shall extend to the persons, vessels, and other property of the citizens of any of the aforesaid republics the same protection due to the persons, vessels, and other property of their respective fellow-citizens, and they shall not ask for such services, any other, or higher fees than those usually charged in the case of their own fellow-citizens.
Article 16.
With a view to encourage commerce among the contracting republics, their respective governments shall take the necessary steps tending to an agreement for the establishment of a national merchant marine for the coastwise trade, or to make contracts with, or grant subsidies to the steamship companies carrying on the trade between San Francisco, Cal., and Panama, and between Colon and Puerto Barrios.
Article 17.
The high contracting parties, recognizing the necessity and great advantage of promoting and supporting the establishment of the best means of communication [Page 860] between the respective States, hereby agree to grant, as each country may determine within its own territory, the necessary concessions for the construction of railroads and the establishment of new submarine cables and wireless telegraph stations.
They equally bind themselves to improve as much as possible their telegraphic and telephonic means of communication, it being agreed that telegraphic communication shall not be subject to any higher rates than those established by the respective tariffs for interior service in each republic.
Article 18.
There shall exist among the contracting governments a complete and regular exchange of official publications of all kinds. This exchange also applies to all scientific and literary publications made within their respective territories by private individuals, and to this end every publisher, and owner of a printing establishment, shall be bound to supply their respective department of foreign relations, immediately after publication, with the necessary copies for the exchange. For the purpose of due preservation and easy consultation, each government shall deposit one copy of said publications in such public library as it is deemed convenient.
Article 19.
Public instruments delivered in one of the contracting republics shall be valid in the others, when duly authenticated and made in accordance with the laws of the republic where they originate.
Article 20.
The judicial authorities of the contracting republics shall execute all requisitions in civil, commercial, or crminal matters relating to summons, examinations, and other legal proceedings.
Other judicial acts in civil or commercial matters growing out of personal actions shall have within the territory of any of the high contracting parties the same force as in the respective local courts, and shall be executed as in the latter when duly authorized by the supreme tribunal of the republic wherein they are to be executed. Such authorization exists when the essential conditions required by each particular legislation, as well as the rules governing in each country the execution of sentences, have been complied with.
Article 21.
The contracting republics, desirous that crimes and offenses committed within their respective territories shall not be left unpunished, and in order to prevent that criminal responsibility should be evaded by the escape of the offender, do hereby agree reciprocally to surrender persons seeking refuge within their respective territories, charged with, or convicted of, having committed in any of the countries, either as principals or as accessories, any of the following crimes, to wit: Homicide, arson, robbery, piracy, embezzlement, abigeat (cattle stealing), counterfeiting of money, forgery of public documents, breach of trust, malversation of public funds, fraudulent bankruptcy, perjury, and, in general, any crime or offense that can be prosecuted without the necessity of a formal accusation, and which the common penal code of the country wherein the crime was committed punishes by imprisonment for a period exceeding two years, even when the penalty for that particular crime is less, or different, in the country where the criminal has taken refuge.
Article 22.
The penalty of two years’ imprisonment establishes the nature of the extraditable crime or offense when such extradition is requested during the judicial proceedings, but does not limit the effects of the proceedings if, either by extenuating circumstances or other evidence favorable to the accused person, he will be condemned to a lighter penalty.
Should extradition be requested by virtue of the sentence of a court, the accused person shall be surrendered in case the penalty inflicted be no less than imprisonment for one year.
[Page 861]Article 23.
No extradition shall be granted in the case of a person under sentence for, or charged with a political crime, or offense, even when such crime or offense may have been committed in connection with another crime or offense calling for extradition.
It devolves upon the courts of justice of the republic where the fugitive is found to determine the nature of political crimes or offenses.
The person surrendered can not be tried or condemned for political crimes or offenses, or other acts in connection thereof, committed prior to the extradition.
Article 24.
Extradition shall not be granted:
- 1.
- If the offender whose extradition is requested has already been tried and sentenced for the same act committed in the republic where he resides.
- 2.
- If the act for which extradition is demanded is not considered as a crime or offense in the republic where he resides; and
- 3.
- If in conformity with the laws of the claiming republic, or that of refuge, the action or penalty has prescribed.
If the person whose extradition is requested has been charged with or condemned in the country of refuge for an offense or crime committed within its territory, he shall not be surrendered until acquitted by sentence of the court, or, in case of having been condemned, not until such sentence has been filled, or he has been pardoned. In case of urgency, temporary detention of the accused may be requested by telegraphic or postal communication to the minister of foreign relations, or through the respective diplomatic agent or consul, in default of the former. Such temporary arrest shall conform with the rules established by the laws of the country, but, if within a month, reckoned from the day when the arrest was effected, no formal demand of the prisoner has been made, such temporary arrest shall cease.
Article 25.
The high contracting parties are not bound to surrender their respective citizens, but they shall prosecute them for violations of the penal code committed in any of the other republics, and the government in whose territory such violation was committed shall transmit to that of the nationality of the accused all such proceedings, information, and documents in the case, as well as the objects constituting the corpus delicti, and all other evidence necessary to establish the guilt and to expedite the action of the court. This being done, the trial shall proceed to its end, and the government of the country of trial shall inform the other interested governments of the final disposition of the case.
Article 26.
Extradition shall always be granted, even in case the alleged offender may fail, because of his surrender, to discharge contractual obligations. In such cases the interested parties shall have the right to bring the proper action before the competent judicial authorities.
Article 27.
The surrender shall always be made on condition that if the penalty attached to the crime or offense for which the extradition is requested is not the same in the claiming nation as in the nation of refuge, the lower penalty shall be applied to the offender, and in no case the death penalty.
Article 28.
If the accused or condemned person whose extradition is requested should be equally claimed by one or more of the governments for crimes committed by him within their respective jurisdiction, he shall be surrendered in preference to the government having first demanded his extradition.
Article 29.
For the extradition of criminals the respective signatory governments shall negotiate either directly or through diplomatic channels. In submitting the [Page 862] request for extradition specification shall be made of the evidence or the principle on which the proof that, in accordance with the laws of the republic where the offense or crime was committed is sufficient to justify the arrest and trial of the accused.
The sentence, accusation, warrant of arrest, or any other equivalent legal proceedings shall also be submitted, stating the nature and gravity of the alleged offenses and the penal dispositions applicable thereto. In case of escape of the offender after sentence has been passed, or before the penalty has been fully completed, the requisition shall relate such circumstances and be accomplished only by the sentence.
Article 30.
In order to facilitate proof of ownership of the property stolen or taken from one of the republics to any of the others, the authorization and authentication of the proper documents may be made by the highest political authorities of the department wherein the crime has been committed, and pending the appearance of the interested parties the judicial authority of the country where such property is found shall direct it to be deposited, and to this end a telegraphic request from any of the authorities above mentioned shall be sufficient. Upon the establishment of the right ownership of said property it shall be delivered to the proper owners, even when the offender is not amenable to extradition, or when such extradition has not been decreed.
Article 31.
In all cases when the detention of the fugitive is demanded, he shall be informed within twenty-four hours that extradition proceedings shall be instituted against him, and that within the peremptory term of three days from notification he may oppose such extradition by alleging—
- 1.
- That he is not the person whose extradition is requested;
- 2.
- Any material defects that may exist in the submitted documents; and
- 3.
- That the request for extradition is contrary to law.
Article 32.
In case the proof of the alleged facts is needed, proceedings shall be had in accordance with the prescriptions contained in the laws of procedure of the republic to which the request has been made.
When the proof has been established, judgment shall be passed, without further proceedings, within ten days, establishing whether extradition shall be granted or not.
Against such decision, and within three days following its notification, the legal remedy granted by the laws of the country where the fugitive is found shall be granted, but five days at the latest, after the expiration of this term, final judgment shall be passed.
Article 33.
Expenses incurred by reason of the arrest, support, and transportation of the person whose surrender is requested, as well as the expenses incurred in the delivery and transportation of the property to be returned or forwarded because of its connection with the crime or offense, shall be defrayed by the republic making the request.
Article 34.
The high contracting parties do hereby solemnly declare that they do not hold themselves, nor do they hold the other Central American Republics, as foreign nations, and that they shall continuously endeavor to preserve among them all their family ties and the greatest cordiality in their reciprocal relations, uniting in a common cause in case of war or difficultes with foreign nations, and amicably and fraternally mediating in case of private disturbances.
[Page 863]Article 35.
In their endeavor to maintain peace and to forestall one of the most frequent causes of disturbance in the interior of the republics and of restlessness and distrust among the Central American people the contracting governments shall not allow the leaders of principal chiefs of political emigrations, nor their agents, to reside near the frontier of the countries whose peace they seek to disturb. Neither shall they employ in their respective armies emigrants from any of the other republics and, should the interested governments so request, such emigrants shall be concentrated at one point. Should the political emigrants resident in any of the contracting republics incite or encourage revolutionary work against any of the other republics, they shall forthwith be exiled from the respective territory. All these measures shall be enforced irrespective of the nationality of the person against whom issued; but any government issuing such orders shall weigh the burden of the proof submitted or the evidence obtained by such government.
Article 36.
The present treaty is of a perpetual nature and always obligatory as regards peace, friendship, and arbitration, but as regards commerce, extradition, and other stipulations it shall remain in full force for a term of ten years from the date of exchange of the ratifications. If, however, one year before the expiration of such term none of the high contracting parties should have officially notified the others of its intention to terminate the treaty as stated, it shall continue to be obligatory for one year after the said notification.
Article 37.
This treaty shall be ratified and the ratifications exchanged in the city of San Salvador within two months from date of the last ratification.
Article 38.
As the principal stipulations contained in the treaties made heretofore between the contracting countries are condensed or properly modified in the foregoing treaty, it is hereby declared that all such former treaties shall remain without effect and be abrogated when the present treaty is duly approved and the exchange of ratifications has been made.
(Signed)
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