If any questions shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Government on which the demand for surrender is made, or which may have granted the extradition, shall be final. ARTICLE VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE VIII. No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, until he shall have had an opportunity of returning to the country from which he was surrendered. ARTICLE IX. All articles seized which are in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up to the Country making the demand, when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected. ARTICLE X. If the individual claimed by one of the high contracting parties, in pursuance of the present Treaty, shall also be claimed by one or several other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received: Provided, that the Government from which extradition is sought is not bound by treaty to give preference otherwise. ARTICLE XI. 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 of the Government from which extradition is sought as received a fixed salary; and, provided, that the charge for the services of such public officers 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. The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications and shall not act retroactively. The ratifications of the present Treaty shall be exchanged at Belgrade as soon as possible, and it shall remain in force for a period of six months after either of the contracting Governments shall have given notice of a purpose to terminate it. In witness whereof, the respective Plenipotentiaries have signed this Treaty in duplicate and have hereunto affixed their seals. Done at Belgrade this twenty-fifth (twelfth) day of October in the year of our Lord one thousand nine hundred and one. CHARLES S. FRANCIS. [SEAL.] And Whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Belgrade, on the thirteenth day of May, one thousand nine hundred and two; Now therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this seventeenth day of May in the year of our Lord one thousand nine hundred and two, and of the Independence of the United States the one hundred and twenty-sixth. [SEAL] THEODORE ROOSEVELT By the President: Secretary of State. SIAM. QUESTION AS TO WHETHER A UNITED STATES OFFICIAL MAY ISSUE A PASSPORT TO A UNITED STATES CITIZEN RESIDING IN THE DISTRICT OF ANOTHER UNITED STATES OFFICIALAPPLICATION OF HENRY S. WETHERBEE. Mr. King to Mr. Hay. No. 111.] LEGATION OF THE UNITED STATES, Bangkok, February 6, 1902. SIR: Is a consular or diplomatic officer who is duly authorized to issue United States passports permitted to issue a passport to a citizen of the United States who is at the time of application residing in the jurisdiction of another official so authorized? The statutes and instructions are not clear on this point, but seem to imply that he is not. Will the Department please interpret? I have, etc., HAMILTON KING. Mr. Hay to Mr. King. No. 83.] DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch, No. 111, of the 6th ultimo, asking if a consular or diplomatic officer of the United States, who is duly authorized to issue passports, is permitted to issue one to a citizen of the United States residing at the time of application in the jurisdiction of another officer so authorized. "Instructions to the Diplomatic Officers of the United States" and the "Regulations Prescribed for the Use of the Consular Service of the United States," do not prohibit an officer from issuing a passport to a citizen who is residing in some other officer's district. Extraordinary circumstances may be conceived where he should do so, as, for instance, when a passport, being imperatively needed, communication with the officer in his district might be impracticable or impossible to a citizen. But it is obvious that, except in a most unusual case, application should be made to the diplomatic or consular officer of the applicant's district, and that an officer issuing a passport to a citizen residing in another officer's district would be infringing upon the latter's prerogatives and interfering with his legitimate functions of office. An officer is supposed to know, or have means of knowing, whether a citizen in his district is entitled to receive a passport, and if an applicant, being refused by one officer, could apply to another, there would be confusion and injustice. You are instructed to report circumstantially to the Department any instance known to you of the issuance of passports by a diplomatic or consular officer to citizens of the United States residing in the district of another diplomatic or consular officer. I am, etc,, JOHN HAY. Mr. King to Mr. Hay. No. 122.] LEGATION OF THE UNITED STATES, SIR: Replying to diplomatic dispatch No. 83, March 19, 1902, my question arose from the fact that last February I received from one Henry S. Wetherbee a request for a passport, which request was accompanied by the necessary papers. Mr. Wetherbee, as inclosure 1 will show, was in the jurisdiction of the consul-general at Calcutta, and, interpreting the matter in the same way the Department does in its dispatch No. 83 to me, I forwarded the request to Hon. Robert F. PatterUnited States consul-general, Calcutta, India, and explained my action in a letter to Mr. Wetherbee. I have, etc., HAMILTON KING. [Inclosure 1.] Mr. King to Mr. Wetherbee. LEGATION OF THE UNITED STATES, SIR: By last mail I received your communication in reference to a passport. Burmah is under the jurisdiction of the consul-general at Calcutta, Hon. Robert F. Patterson, and I have forwarded your correspondence as it came to me directly to him, with the hope that this might save you some little time in a quest that seems to have cost you a good deal of time and trouble. You will no doubt hear from Mr. Patterson very shortly after you receive this. DEAR SIR: I inclose a sheaf of correspondence from one Henry S. Wetherbee, who desires to secure a United States passport. Mr. Wetherbee is in Yenang Yaung, Upper Burmah, India, and under your jurisdiction. Hence I forward this material to you. I interpret paragraph 147, Consular Regulations, and Revised Statutes, section 4075, as exclusive as well as inclusive. The fee to which Mr. Wetherbee refers did not appear in his letter. I inclose, however, three postage stamps which he sent, and will to-day write him that I have turned this matter over to his consul-general, Hon. Robert F. Patterson, Calcutta, India. Yours, sincerely, HAMILTON KING. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CON SULAR OFFICIALS. Mr. King to Mr. Hay. LEGATION OF THE UNITED STATES, Bangkok, June 17, 1902. SIR: On May 25 the following cable" was received and transmitted at once to the foreign office. I have to-day received a reply to the same, a copy of which I inclose. I have, etc., HAMILTON KING, Minister Resident. [Inclosure.] The Minister for Foreign Affairs to Mr. King. FOREIGN OFFICE, Bangkok, June 13, 1902. MONSIEUR LE MINISTRE: I have the honor to acknowledge receipt of your letter of the 3d instant, in which you inform me that on May 20 the United States withdrew all its forces, both civil and military, from the island of Cuba, and on that date Cuba was declared independent nation under a republican form of government. And you further inform me of the message which you received from your Government to the effect that you are instructed, at the request of the President of Cuba, to ask the Government of Siam to permit United States consular officers within its jurisdiction to use their good offices in representation of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. In taking note of your above communication, I beg to state that there is no treaty between this country and Cuba, so that no right of extraterritoriality is granted, but His Majesty's Government have no objection against United States consular officers using their good offices in the interests of the Cuban citizens, so far as recognized generally by the law of nations. I avail, etc., DEVAWONGSE, Minister for Foreign Affairs. VISIT OF THE CROWN PRINCE OF SIAM TO THE UNITED STATES. Mr. Akharaj to Mr. Hay. SIAMESE LEGATION, Washington, July 31, 1902. SIR: In confirmation of my previous verbal intimations, I have the honor to inform you that the Crown Prince of Siam, having completed his education and travels in Europe, desires to extend his knowledge of foreign countries and their institutions by visiting the United States en route to Siam. Owing to unforeseen circumstances, His Royal Highness's departure from Europe has been delayed until September 24, on which date he will leave Cherbourg by the German mail steamer Kaiser Wilhelm der Grösse, which is due to reach New York on or about October 1, and will follow the route indicated in the inclosed itinerary. It is the desire of the Prince to pay his respects to the President |