The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-08
ExTRADITIoN.


EXTRACTION.
Signed June 25 ls7o-Ratided april II, ls71--Rat
LEGATIONS Exchanged June "a, 1S7l-Procldined
September 10, 1871.
THE PRESIDENT THE UNITED STATES OF AMERICA
A 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 Managua, by their respective Plen-
ipotentaries, ON the twenty-hfth day OF june
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 Repnb-
lie of Nicaragua, having Judged 1t expedient with
II view to the better administration of justice
and to prevention of crimes within their respec-
tive territories and jurisdiction, that persons con-
victed 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 n
convention for that purpose, and have appOn ted
as their Plenpotentiaries the President of the
United States, Charles N. Riotte, a citizen and
Minister Resident of the United States in Mica
ragua, the President of the Republic of Ncara.
qua, Mister Tomas Avon, Minister for For[eign]
Relations who, after reciprocal communication
of their full powers found in good and duo FORM
have agreed upon the following articles, viz:
ARTIcLEI.
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 oe found 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
person charged shall be found would justify
his 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
ricide, infantcide, and poisoning.
q The crimes of rape, arson, piracy, and mutt.
NY board ship whenever the crew, or part
thereof, by fraud or violence against the COM
lnander, have taken possession of the vessel.
8. The crime of burglary, defined to be the
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 feloniously and forcibly taking from the
person of another, goods or money, by violence
or putting him in fear.
A. 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 OF circulation of counterfeit
money, either coin or paper, of public bonds,
banks notes, and obligations and in general of all
titles of instruments of credit the counterfeitng
of seals, dies, stamps, and marks Of State and
public administrations and the utter anc thereof
6. The embezzlement of public moneys, COM
mtted within the jurisdiction of either party, by
7. Embezzlement by any person OF persons
hired or saaried, to the detriment Of their en-
pioyers, when these crimes are subjected TO nfa-
nous punishment.
ARTICLE III.
IF this trpa shall not apx,ly ~
any crime offence of a political character, and
the person or persons deliye 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 OF their surren-
| der is asked.
ARTICLE w.
| If the person, whose surrender may be claim
| ed pursuant to the stipulatons 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, 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 f,y 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. II the person whose
| extradition may be asked for shall have been
| convicted of Il crime, q copy of the sentence OF
the court in which he may have been convicted,
authenticated under its seal, and IN 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 or of Mic
aragua, respectively, shall accompany the requi-
sition. When, however, the fugitive shall have
been merely charged with crime, a 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 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 extridi
ton. II 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
Ell up according to the forms prescribed in sucf
cases.
ARfIcLRyI.
The expenses of the arrest, detention. anl
transportation OF the persons claimed shall b.
paid by the government In whose name the re
QUESTION shall have been made.
ARTICLE VII
This convention shall continue in force dirin,
five (5) years from the day of exchange of ratifi
cations, but if neither party shall have given Il
the other six 10y months previous notice of its in
tention to terminate the same, the convention
shall remain in force five (a years longer, and 8
on.
The present convention shall be ratified an,
the publications. exchanged at the capital of Mic
aragua, or any other place temporarily occupies
by the Nicaraguan government, within lively
(i2) months or sooner il possible.
In witness whereof the respective Plenipoten
tiaries have signed the present convention in du
plcate, and have thereunto affixed their seals
Done at the city of Managua, capital of tn
Republic of Nicaragua, the twenty fifth day Q
June, one thousand eight hundred and seventy
of the Independence of the United States til
, ninety fourth, and of the Independence of Mica
ragua the fifty-nnth.
(sEAL.l CHARLES N. RIOTTE.
: [sEAL.l TOMAS AVON.
And whereas said convention as amended ha
l been duly ratified on both parts, and the respe,
tive Publications of the same were exchanged 4
Managua, on the twenty-fourthd day of June las
/, by Charles N. Riotte, Minister Resident of tn
United States, and j. ID. Rodriguez, Member
: the Chamber of Deputies of Nicaragua, on tn
: part of their respective governments:
q Now, therefore, be 1t known that l. Ulysses 5
u Grant, President of the United States of Amer
n ca, have caused the said convention to be mad
public, to the end that thesa and every claus
i and article thereof may be observed and fulfille
u with good faith by the United States and the ci
liens thereof
q In witness whereof have hereunto set m
= hand and caused the seal OF the United States I
" be affixed.
a Done at the city of Washington this nineteeni
H day OF September, in the year of our Lord OF
!, thousand eight hundred and seyenty-one, and
II The Independence Of the United States the min
IS ~ sixth.
q [sRALl ". GRANT
!, BY the President:
% HAMILTON FISH,
e Secretary Of State.