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Furthermore, we have taken care to establish a reasonably wide range between these organisms, to the end that they may work in harmony and that contentions and even friction may be thereby avoided. It can even be asserted that with free play of the institutions created this people's suffering either of the two maladies, despotism and anarchy, which have alternately placed the life of other societies in danger, will be prevented. We have likewise taken all proper precautions to render the disorder or ruin of our treasure impossible, adopting motu propio the precept that none of the organisms authorized to contract loans, be such loans of municipal, provincial, or national character, can do so without voting at the same time the permanent tax or taxes to be applied to the payment of their interests and redemption, and without fulfilling other requirements equally foreseeing, as determined in articles 59, 93, and 105 of the constitution.

Finally, we have especially endeavored to avoid every contention with those foreign to us, making foreigners equal to natives in all that refers to protection of their persons and property, and, with regard to the enjoyment of civil rights, individual guaranties, and protection of the Cuban laws and authorities.

Other measures more efficacious for the purpose of the United States, which at the same time are the supreme interest of Cuba, to guarantee order and secure the pacific development of our country, are not possible to the human.

The relations between the two peoples, which perforce will continue to grow closer through intercourse, that is, through mutual interest and the invariable ties of our gratitude and our affection, will tend to establish between two collectivities so different, and despite their absolute independence respectively, an intimacy which, favoring American interests, will develop at the same time a community which will be a tie of union between the two great races populating this hemisphere.

Working to these noble ends, the new Government which the constitution establishes will certainly agree with the United States to such measures as may facilitate dealings between the two countries, adopting first of all such decisions on local and international hygiene as may be directed to the extinction of transmissible diseases, as well as many others as may most contribute to the development of mercantile and social relations.

The convention considers that with the foregoing the Government of the United States could deem its interests sufficiently guaranteed and aspirations satisfied; however, it desires to strengthen the confidence which the United States should feel with regard to our gratitude and the decisiveness with which we are resolved that the independence of our native land shall never run any risk through our fault. With this idea it is of the opinion that the constitutional powers of the Republic of Cuba, if they deem proper, should declare and adopt the following stipulations:

First. The Government of the Republic of Cuba will make no treaty or convention with any foreign power or powers which compromises or limits the independence of Cuba or in any other manner permits or authorizes any foreign power or powers to obtain, by means of colonization or for military or naval purposes, or in any other manner, settlement in, authority, or rights over any portion of Cuba.

Second. The Government of the Republic will not permit that its territory serve as a basis of war operations against the United States nor against any other foreign

nation.

Third. The Government of the Republic of Cuba will accept the treaty of Paris of December 10, 1898, in its integrality, the same in what affirms Cuba's rights as with regard to the obligations it limitedly assigns her, and especially those obligations imposed by international law for the protection of lives and properties, substituting the United States in the obligation they acquired to that effect in conformity with articles 1 and 16 of said treaty of Paris.

Fourth. The Government of the Republic of Cuba will recognize as legally valid the acts done for the good government of Cuba by the American military government in the representation of the Government of the United States during the period of its occupation, likewise the rights proceeding therefrom, in conformity with the joint resolution and section 2 of the United States army bill for the fiscal year from 1899 to 1900, known as the Foraker amendment, or with the laws existing in this country. Fifth. The Governments of the United States and of the Republic of Cuba should regulate their commercial relations by means of a convention based on reciprocity and which, with tendencies toward free trade in their natural and manufactured products, will mutually assure them ample and special advantages in the respective markets.

Convention Session Hall, February 26, 1901.

DIEGO TAMAYO, President.
JUAN GUALBERTO GOMEZ.

GONZALO DE QUESADA.

ENRIQUE VILLUENDAS.

MANUEL R. SILVA, Secretary.

DENMARK.

PROTECTION OF DANISH INTERESTS IN SALVADOR BY UNITED STATES OFFICIALS. a

Mr. Hay to Mr. Brun.

DEPARTMENT OF STATE,

Washington, October 18, 1901.

MY DEAR MR. BRUN: In reply to your inquiry the other day, I take pleasure in saying that, if you desire it, I will instruct our minister in San Salvador to use his good offices in behalf of any Danish subjects for whom they are desired, assuming, of course, that the Government of Salvador will make no objection.

Very sincerely, yours,

Mr. Brun to Mr. Hay.

[Translation.]

JOHN HAY.

LEGATION OF DENMARK,

Washington, October 19, 1901.

MR. SECRETARY OF STATE: Referring to the conversation that I had the honor to have with your excellency on the 17th instant and to the personal note that your excellency did me the honor to write to me yesterday, I hasten to inform you that the Government of the King would be very grateful if the Government of the United States would have the kindness to permit the Danish interests in the Republic of Salvador (Central America) and the Danish subjects residing in that. Republic to be protected, in case of need, by the diplomatic and consular officers of the United States.

As I had the honor to tell your excellency verbally, Denmark has no diplomatic representative nor consular agent in the Republic of Salvador. Neither the Danish interests nor Danish subjects are numerous in that country.

Among the latter is Mr. Andreas Bang, pharmacist, residing in the city of Salvador, who, by a petition to my Government, has occasioned this proposition. Mr. Bang has had no disagreement with the authorities of Salvador; but, at the head of a trade of certain importance, he greatly desires to obtain the protection of the consul of the United States with a view to the possibility of troubles similar to those which exist in other countries of Central America.

Your excellency does me the honor to write me that you will be kind enough to give the necessary orders to this effect if the Government of Salvador does not oppose it.

a See also under Nicaragua, Costa Rica, and Salvador, page 836.

The Government of the King would be equally obliged to your excellency if you would undertake to secure the necessary steps for obtaining the consent of the Government of Salvador.

Accept, etc.,

C. BRUN.

Mr. Hay to Mr. Brun.

No. 351.]

DEPARTMENT OF STATE,
Washington, October 25, 1901.

SIR: I have the honor, in reply to your note of the 19th instant, to inform you that I have to-day instructed the minister of the United States to Salvador to afford his protection to Danish subjects and interests in the Republic named.

Mr. Merry's protection will consist of the exercise of his good offices with the assent of the Government of Salvador, and will, of course, involve no assumption of representative functions on behalf of the Government of Denmark.

Accept, etc.,

JOHN HAY.

Mr. Brun to Mr. Hay.

[Translation.]

LEGATION OF DENMARK,

Washington, December 2, 1901.

MR. SECRETARY OF STATE: Referring to the note which I had the honor to address to your excellency dated October 19 last, relative to the protection of Danish subjects and interests in the Republic of Salvador (Central America) by the diplomatic and consular representatives of the United States in that country, I hasten to inform you that my Government has most gratefully received the communication on this subject contained in your excellency's note of the 25th of October last. My Government ventures to hope to receive a further communication from your excellency as soon as the necessary consent on the part of the Government of Salvador has been obtained, and will afterwards make it known to the Danish subjects residing in the said Republic. Accept, etc.,

C. BRUN.

Mr. Hay to Mr. Brun.

No. 356.]

DEPARTMENT OF STATE, Washington, December 10, 1901.

SIR: I have the honor to acknowledge the receipt of your note of the 2d instant, stating that the Danish Government will issue a notice to Danish subjects in Salvador that they have been placed under the protection of the United States, as soon as it is informed that the Salvadorean Government assents to such protection.

In reply I have the honor to inform you that no reply to the Department's instruction of October 25 to the United States minister to Salvador having yet reached the Department, the minister's attention has been recalled to the matter in an instruction addressed to him this day.

Accept, etc.,

JOHN HAY.

No. 391.]

Mr. Hay to Mr. Brun.

DEPARTMENT OF STATE,
Washington, March 7, 1902.

SIR: Referring to your note of October 19 last and to subsequent correspondence on the subject, I have now the honor to inform you that the minister of the United States accredited to Nicaragua, Costa Rica, and Salvador advises the Department, under date of February 20, 1902, that the Government of Salvador gives its consent to the exercise of good offices by United States officers in that country on behalf of Danish subjects residing therein, with the same restrictions and in the same form as their exercise is permitted respecting Chinese subjects.

In the case of Chinese subjects, it was understood that good offices by the minister and consular officers were to be extended without assumption of any representative function as agents of China, their efforts being confined to merely intervening in case of need for the protection of Chinese subjects in their persons or property from unjust or harsh treatment, and that consequently United States officers so acting could not originally certify to the fact of Chinese citizenship for a passport, or other documentary attestation to that end, which could only be issued by a responsible agent of the Chinese Government. A form of certificate to be used by the minister and the consul at San Salvador was prepared, after consultation with the minister for foreign affairs of Salvador, to correctly express the character of the protection afforded, in the following words:

I,

of the United States of America, certify that

claims

to be a subject of the Emperor of China, resident in Salvador, and that upon proving his status as such Chinese subject he is under the protection of the Government of the United States and entitled to the good offices of the diplomatic and consular officers thereof in case of need, in pursuance of an understanding between the Governments of Salvador and China to that end.

The United States officers have been instructed to take the same course with regard to Danish subjects.

Accept, etc.,

Mr. Brun to Mr. Hay.

[Translation.]

JOHN HAY.

DANISH LEGATION, Washington, May 5, 1902.

MR. SECRETARY OF STATE: I have the honor, by direction of his excellency the minister of foreign affairs of Denmark, to express to your excellency the sincere thanks of the Government of the King for the kindly reception given by the United States Government and by the minister of the United States to San Salvador, to the request of my Government touching the protection of Danish subjects and interests in the Republic of Salvador by the diplomatic and consular officers of the United States.

Be pleased to accept, etc.,

C. BRUN.

TREATY BETWEEN THE UNITED STATES AND THE KINGDOM OF DENMARK FOR THE EXTRADITION OF FUGITIVES FROM JUSTICE.

Signed at Washington, January 6, 1902.

Ratification advised by the Senate, January 30, 1902.

Ratified by the President, February 26, 1902.

Ratified by Denmark, March 8, 1902.

Ratifications exchanged at Washington, April 16, 1902.

Proclaimed, April 17, 1902.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Treaty between the United States of America and the Kingdom of Denmark providing for the extradition of criminals was concluded and signed by their respective Plenipotentiaries at Washington on the 6th day of January, one thousand nine hundred and two, the original of which Treaty, being in the English and Danish languages, is word for word as follows:

The United States of America and his Majesty the King of Denmark, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries:

The President of the United States of America, John Hay, Secretary of State of the United States; and His Majesty the King of Denmark, Mr. Constantin Brun, Commander of the Order of Dannebroge and decorated with the Cross of Honor of the same Order, His Majesty's Chamberlain and Envoy Extraordinary and Minister Plenipotentiary at Washington; 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 Denmark 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 fouud 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 had been there committed.

ARTICLE II.

Extradition shall be granted for the following crimes and offenses: 1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; the killing of a human being, when such act is punishable in the United States as voluntary manslaughter, and in Denmark as manslaughter.

2. Arson.

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