Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-10-28
I0FFICIAL.l
CONVEATION
Between the United states Of America
and the Republic Of Nicaragua. /

tONE ANAA1.l
CONVENTION
Between the United states OF America
and the Republic Of Nicaragua.
EXTRADITION.
slGNkD yuEk 3 lSe; RATIIIEp APRIL u,
lSl; PROCLAIMED sEPTEMBER 10, 1871.
By The President Of ae United States Of America:
PROCLAMATION.
Whereas a convention for the extradition of
criminals between the United States of America
and the Republic OF Nicaragua was concluded
and signed at Managaa, BY their respective
PlenipOtentiaries, on the twenty-fifth day of
June, 1870; which convention, being I'm the
English and Spanish languages, is word for
word follows:
Exfradition CoHrentioa Bet,ceen tAe United Stats
Of america and the Republic Of Niodraysa
The United States Of America and the Re-
public of Nicaragua, having judged it expedent,
with a view TO the better administration OF ius-
tice, and 10 prevention OF crimes within their
respective territories and jurisdiction, that per-
sons convicted of, or charged with the crimes
hereinafter mentioned, and being fugitves from
Justice, should, under certain circumstances, be
reciprocally delivered Hp, have resolved TO con-
clude convention for that purpose, and have
appointed a their Plenipetentisries: the PreSi-
dent of the United States, Charles n. Riotte,
citizen and Minister Resident Of the United
States in Nicaragua, the President of the Re
public of Nicaragua, Mister Tomas Avon, Min
lister for FOrleign Relations, who, after recipro-
cal communication of their fall powers, found in
good and due form, have agreed upon the fol-
ARTICLE /.
The government of the United States and the
government of Nicaragua mutually agree to
deliver up persons who, having been convicted
of or charged with the crimes specified in the
following article, committed within the juriscic
ton OF one of the contracting parties, shall seek
an asylum or be found within the territories of
the other: Provided, That this shall only be
done upon such evidence OF criminality as, ac-
cording to the laws OF the place where the fugi-
tive or person so charged shall be found, would
justify his or her apprehension and commit
ment for trial, If the crime had been there com.
mitted.
ARTICLE III.
Persons shall be delivered up, who shall have
been convicted of, or be charged, according TO
the provisions ottfk convention, with any Of the
following crimes:
1. Murder, comprehending assassination,
parricide, infanticide, and poisoning.
The crimes OF rape, arson, piracy, and mu-
thereof, by fraud or violence against the COM
mander, have taken possession OF the vessel.
s. The crime of burglary, defined to be the
o srd sbs sy into
felony; and the crime Of robbery, defined TO be
the action of feloniously and forcibly taking
from the person of another, goods or money, by
violence or putting him in fear.
4. The crime Of forgery, by which is under
stood the utterance Of forged papers, the coun-
terfeiting OF public, sovereign, or government
acts.
5. The fabrication or circulation of counter
felt money, either coin or paper, of public bonds
bank notes, and obligations, and in general Of
all titles of instruments of credit, the counter
feiting of seals, dies, stamps, and marks of State
and public administrations and the utterance
thereof.
6. The embezzlement of public moneys, COM
mitted within the jurisdiction OF either party
by public officers depositors.
I. Embezzlement by any person or persons
hired or salaried, to the detriment of their en-
lloyers, when these crimes are subjected to in
famous punishment.
ARTICLE III.
provisiops of this traatv hall ,,o+ a,1,l,
any crime or offence of political character, and
the person or persons delivered up for the crimes
enumerated in the preceding article, shall in no
case be tried for any ordinary crime, committed
previously to that for which his or their surren-
der is asked
ARTICLE ".
If the person, whose surrender NAV be claimed
pursuant to the sipulations of the present treaty.
shall have been arrested for the commission of
offences in the country where he has sought an
asylum, or shall have been convicted thereof
his extradition may be deferred until he shall
have been acquitted. or have served the term of
imprisonment to which'he may have been SEN
fenced.
ARTICLE v.
acquisitions for the surrender of fugitives
from justice shall be made by the respective dI-
pOmatic agents of the contracting parties, or, i'm
the event OF the absence of these from the coun-
try or its seat Of government, they may be made
superior consular officers. If the person whose
extradition may be asked for shall have been
convicted of a crime, a copy of the sentence of
the court in which he may have been convicted,
un0er ltS seal. and an atteStatlOn
of the official character of the judge by the
proper executive authority, and OF the latter
by the minister or consul of the United States
or OF Nicaragua, respectively, shall accom-
fugitive shall have been merely charged
with crime, duly authenticated copy of
the warrant for his arrest in the country
where the crime may have been committed,
and of the dispositions upon which such warrant
may have been issued, must accompany the
requisitiOn as aforesaid. The President of the
nifad IN a CIV anti
in Nicaragua, may then issue a warrant for the
Apprehension of the fugitive, in order that he
may be brought before the proper judicial
authority for examining the question of extra
dition. Ii it should then be decided that, ac-
cording to law and evidence, the extraditIon is
due pursuant to this treaty, the fugitive may be
given up according to the forms prescribed in
such cases.
ARTICLE VI.
The expenses of the arrest, detention, and
transportation OF the persons claimed shall be
paid by the government in whose name the
reQuisition shall have been made.
ARTICLE VII.
This convention shall continue in force during
five (5) years from the day of exchange OF rati-
fcatons, but if neither party shall have given
TO the other SIX (6 months previous notice of its
intention TO terminate the same, the convention
shall remain in force five (5) years longer, and
so on.
The present convention shall be ratified and
the Publications exchanged at the capital of
Nicaragua, or any other place temporarily oc-
cupied by the Nicaraguan government, within
Twelve klZ) months. or sooner N possible.
In witness whereof the respective Plenipoten-
tiaries have signed the present convention in
duplicate, and have thereunto affixed their
seals.
Done at the cit of Managua, capital of the
Republic of Nicaragua, the tweDty-fifth day of
June, one thousand eight hundred and seventy,
of the Independence of the United States the
ninety-fourth, and of the Independence of Mica
ragua the fifty-ninth.
[SEAL. CHARLES n. RIoTTE.
lSEAL-l TOMAS AVON.
And whereas said convention as amended has
been duly ratified on both parts, and the respec-
tive notifications OF the same were exchanged at
MaIagua, on the twenty-fourth day of June
last, by Charles \. Riotte, Minister Resident of
the United States, and j. ID. Rodriguez, Mem
Der of the Chamber of Deputies of Nicaragua,
on the part OF their respective governments:
Now, therefore, be il known that /, Ulysses s.
Grant, President of the United States of Amer
iee, have caused the said convention to be made
public, to the end that the same, and every
clause and article thereof, may be observed and
fulfilled with good faith by the United States
and the citizens thereof
In witness Nhpr~af I have sat,