The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-17


Whereas a 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-
ipotentiaries, on the twenty-fifth day of June,
1885, 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
q view to the better administration of Justice
and to prevention of crimes within their respec-
tive territories and jurisdiction, that persons
yicted of, or charged with the crimes hereinafter
mentioned, and being fugitivcs from justice,
Should under certain circumstances, be recipro-
cally delivered up, have resolved to conclude
convention for that purpose, and have appointed
as their Plenipotentiaries the President of the
United States, Charles N. Riotte, Il citizen and
Minister Resident of. the United States in Nica-
ragua, the President of the Republic of Nicara.
qua, Mister Tomas Avon, Minister for For[eignl
Relations, who, after reciprocal communication
of their full powers, found in good and due forIn
have agreed npon the following articles, viz
ARrIcLgI.
The government of the United States and the
government OF Nicaragua mutually agree to de-s
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 contrac ting 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 crminality as, according
TO the laws of the place where the fugitive
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
/. Murder, compreh .nding assassination, par
ricide, intanticide, and poisoning:
2. The crimes of rape, arson, piracy, and mutt.
ny on board ship, whenever he crew, or part
thereof, by fraud OF violence AZ slnst tne COM
mander, have taken possession of the vessel.
8. The crime of burglary defined to b. the &C.
ton of breaking and entering by night in,' the
house of another with the intent to commit fe''o-
ny and the crime of robbery, defined to be the
action of fclonously and forcbly taking from the
or putting him in fear.
a. The crime of forgery, by which is under
stood the utterance of forged papers, the coun-
terfeing OF public, sovereigno or government acts.
g. 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 counterfeiting
of seals, dies, stamps, and marks of State and
public administrations and the uttcianc thereof
g. The enlightenment of public moneys, COM
mitted within the Jurisdiction OF either party, by
public officers or depOsitors.
T. EmbeZzlement by any person or persons
hired or salaried, to the detriment of their en-
ployers, when these crimes are subjected to infa-
nous punishment.
ARTIcLEnI.
The provisions of this treaty shall not apply to
any crime offence of political character and
the person pei deliver red 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 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 extradtion may be deferred until he
shall have been acquitted, or have served the
term of Imprisonment to which he may have
been sentenced.
acquisitions for the surrender of fugitives from
justice shall be made hy the respective diploma
tic agents OF the contracting parties, or, in the
or its seat of government, they may be made by
superior consular officers. If the person whose
extradition may be asked for shall have been
con victed of a crime, copy of the sentence of
the court in which he may have been convicted,
authenticated under its seal, and attestation
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 tates of Mic
aragua, respectively shall accompany the requi-
sition. When, however, the fugitive shall have
been merely charged with crime, n duly anthem
ticated 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 requisition as aforesaid. The President of
the United States, or the proper executive au-
thority in Nicaragua, may then issue 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 extradi-
ton. If it should then be decided that accord
ing to law and evidence, the extraditon is due
pursuant to this treaty, the fugitive may be Civ
en- 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 re
QUESTION shall have been made.
ARTICLE VII
This convention shall continue in force during
five t5) 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 to terminate the same, the convention
shall remain in force five (5 years longer, and 80
on.
The present convention shall be ratified and
the Publications exchanged at the capital of Mic
aragua, or any other place temporarily occupied
by the Nicaraguan government, within twelve
Q2I months, or sooner If possible.
In witness whereof the respective Plenipoten-
tiaries have signed the present convention in dur
plicate, 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
(sEALl CHARLES N RIoTTE.
lsEAL. TOMAS AVON.
And whereas said convention as amended has
been duly ratified on both parts, and the respec-
tive ratifications 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 J. d. Rodriguez, Member OF
the Chamber of Deputies of Nicaragua, on the
part of their respective governments
Now, therefore, be ii known that l, Ulysses s.
Grant, President of the United States of Ameri-