The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-14

v'cuetonS t.cchdnge0 Juie "A, ls7l--PT0ctdtnted
September 10, ISL
BY THE PRESIDENT or THE UNITED STATES OF AMERICA
A Proclamation.
Whereas convention for the extradition of
| criminals between the United States of America
and the Republic of Nicaragua was concluded
and signed at Managua, by their respective Plen-
1potentiaries, on the twenty-fifth day of June,
1 1870; which convention, being in the English and
| Spanish languages, is word for word as follows:
ExTRADITION CONVENTION BETWEEN
| THE UNITED STATES OF AMERICA AND
THE REPUBLIC OF NICARAGUA.
The United States of America and the Repub-
lie of Nicaragua, having judged it expedient, with
view to the better administrator of justice,
and to prevention of crimes within their respec-
tive territories and jurisdiction that persons con-
yicted OF, or charged With the crimes hereinafter
mentioned, and being fugitives from Justice
should, under certain circumstances, be recipro-
cally delivered up, have resolved to conclude
convention for that purpose, and have appointed
as their Plenipotentaries the President of the
United States, Charles N. Riotte, q citizen and
Minister Resident of the United States in Mica
ragua, the President of the Republic of Nicara-
qua, Mister Tomas Avon, Minister for For[eign1
Relations, who, after reciprocal communication
of their full powers, found in good and due FORM
have agreed upon the following articles, viz
ARTIcJEI.
The government of the United States and the
government of Nicaragua mutually agree to de-
liver up persons who, having been convicted of
or charged with the crimes specified in the fol-
lowing article, committed within the jurisdiction
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 criminalty as, according
to the laws of the place where the fugitive or
person charged shall be found would Justify
his or her apprehension and commitment for
trial, if the crime had been there committed
ARTICLE II.
Persons shall be delivered up, who shall have
been convicted of, or be charged, according to the
provisions OF this convention, with any of the
following crimes
l. Murder, compromising assassination, par
rioide, infanticide and poisoning
2. The crimes of rape, arson, piracy and mutt
ny on board ship, whenever the crew, or part
thereof, by fraud or violence against the COM
mander, have taken possession of the vessel
3. The crime of burglary, defined to be the ac-
ton of breaking and entering by night into the
house of another with the intent to commit felo-
ny and the crime of robbery, defined TO be the
action of felonously and forcibly taking from the
person of another, goods money, by violence
or putting him in fear.
t. The crime of forgery, by which is under
stood the utterance of forged papers, the conn
terfeiting of public, sovereign or government acts
D. The fabrication or circulation of counterfeit
money, either coin or paper, of public bonds,
banks notes, and Obligations and in general of ali
titles of instruments of credit, the counterfeitng
of seals, dies, stamps, and marks of State and
public administrations and the uttel anc thereof.
g. The embeZzement of public moneys COM
mitted within the jurisdiction of either party by
public officers or depositors.
T. EmbezZlelnent by any person on persons
hired or salaried, to the detriment of their en-
ployers, when these crimes are subjected to infa
nous punishment.
ARTICLE III.
The III DIVISIONS of this treaty shall not apply to
any crime offence of political character and
the person or pei sons delivered ND 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 may be claim
ed pursuant TO the stipulations of the present.
treaty, shall have been arrested for the commits
sion 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, have served the
been sentenced.
ARTIcLE.Y.
acquisitions for the surrender of fugitives from
justice shall be made Ivy the respective diploma
tic agents of the contracting parties, or, in the
event of the absence of these from the country
or its seat OF government, they may be made by
superior consular officers. II the person whose
eXtradition may be asked for shall have been
con victed of a crime, a copy of the sentence of
the court in which he may have been convicted
authenticated under its seal, and an attestaton
OF the official character of the judge by the pro-
per executive authority, and of the latter by the
minister or consul of the United states of Mic
aragua, respectively, shall accompany the requi-
sition. When, however, the fugitive shall have
been merely charged with crime, duly anthem
tieated copy of the warrant for his arrest in the
! country where the crime may have been COM
mitted, and of the dispositions upon which such
warrant may have been issued, must accompany
the requsition aforesaid. The President of
the United States, or the proper executive au-
thority in Nicaragua, may then issue n warrant
for the apprehension of the fugitive in order that
he may be brought before the proper judicial au-
thority for examining the question of extladi-
ton If it should then be decided that, accord
ing TO law and evidence, the extradition is due
pursuant to this treaty, the fugitive may be Civ
en- up according to the forms prescribed in such
cases
ARTIoLgvI.
The expenses of the arrest, detention, and
transportation Of the persons claimed shall be
paid by the government in whose name the re
QUESTION shall have been made
ARTIcIE.yu.
This convention shall continue in force during
five (5 years from the day of exchange of ratii-
cations, but if neither party shall have given to
the other six 10y months previous notice of its In
tention 10 terminate the same, the convention
shall remain in force five ~ years longer and
on.
The present convention shall be ratified and
the ratifications exchanged at the capital of Mic
arngua, or any other place temporarily occupied
by the Nicaraguan government, within twelve
(I2l months, Or sooner if possible
In witness whereof the respective Plenipoten-
taries have signed the present convention In du-
plieate, and have thereunto affixed their seals
Done at the city of Managua, capital of the
Republic of Nicaragua, the twenty 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 fffty-ninth.
[sEALl CHARLES N. RIOTTE
[sEALl TOMAS AVON.
And whereas said convention amended has
been duly ratified on both parts, and the respec-
tive Publications of the same were exchanged at
Managua, on the twenty-fourth day of June last,
by Charles N. Riotte, Minister Resident of the
United States, and ]. ID. Rodriguez Member of
fl,n,ea1 Of
part of their respective governments
Now, therefore, be it known that l, Ulysses s.
Grant, President of the United States of Ameri-
ca, 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 cit
liens thereof.
In witness whereof have hereunto set my
hand and caused the seal of the United States to