The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-16
EXTRACTION.


Signed June Is, 1870 Ratified 4ipru IL, ls71-Rat-
ifcations Exchanged June "a, lS7l--Proclained
September 10, 1871
BY THE PRESIDENT OF THE UNITED srATEs OF ANsRIcA
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-
fpotentiaries, on the twenty-ffth 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 tho Repub-
lie of Nicaragua, having judged it expodient, with
a view to the better administration of justice,
and to prevention of crimes within their respec-
tive territories and jurisdiction, that persons
victed OF, or charged with the crimes hereinafter
mentioned, and being fugtives from justice,
should, under certain circumstances, be recipro-
cally delivered up, have resolved to conclude u
convention for that purpose, and have appointed
as their Plenipotentaries the President of the
United States, Charles N. Riotte, 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[eignl
Relations, who, after reciprocal communication
of their full powers, found in good and due form,
have agreed upon the following articles, viz
ARTICLE
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
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 or
person SO 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
l.. Murder, compromising assassination, par
ricide, infanticide, and poisoning.
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.
8. The crime of burglary, defined to be the ac-
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 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-
teTteiting OF public, sovereign, government acts.
8. The fabrication or 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 counterfeiting
of seals, dies, stamps, and marks OF State and
public administrations and the uttel anc thereof.
g.. The embezziement of public moneys, COM
mitted within the jurisdiction of either party by
public officers or depositors.
Z. Embezzlement by any person or persons
hired or salaried, TO the detriinent of their
ployers, when these crimes are subjected to infa-
nous punishment.
ARTICLE III.
The provisions of this treaty shall not apply to
any crime offence of a political character and
the person or pei sons delivered up for the crimes
tx1f IL.
case be tried for any ordinary crime, committed
previously 10 that for which his or their surren-
der is asked.
ARTICLE ".
II 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, or have served the
term of imprisonment to which he may have
been sentenced.
acquisitions for the surrender OF fugitiyes from
| Justice shall be made hy 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 If the person whose
extradition may be asked for shall have been
| con yicted of a crime, copy of tho sentence of
hle court in which he may have been convicted,
| authenticated under its seal, and an attestation
OF the official character of the judge by the pro-
!
minister consul of the United tates of Mic
aragua respectively, shall accompany the requi-
! siton. When, however, the fugitive shall have
| been merely charged with crime a duly authen-
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 requistion aforesaid. The President of
the United States or the proper executive au-
FIR tbs amnrehansion Of he fnritiye in order Thai
~ ~ hrarht hf,ra nc ,,rnr ;,,d;ciaI n ~
t ~ TO- asa'nin;ng no a1astipon Jnf ay,,ad;
,;nn ~ II sbonld then ha .aei,,ed that accord
~ ~ IL M nj aridanca tho aXtrad;t;o,, IL dua
ms 10 this treatv The fng;,re NAV he @v
r., ~ a a,;aar 10 ~ fn,,,s ,srass,.had In snch
ca ~ "e''i''s " '''' ~. las ia '"S"
''sos' .vr,c,vv
|
Inc expenses OF tue arres'' oeteh.ioh ana
transportation o. the persons clailnea SNAIL De
PAID oy the goyernInenl IN WHOSE h''he the re
cushion siitii nave Deem haue.
| ARTICLE VII.
This convention shall continue in force during
five (5) wears from the day of exchange of ratifi-
cations. but if neither party shall have given to
the other six (6) months previous notice OF its in
! tention 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 ratficatons exchanged at the capital of Mic
aragua, or any other place temporarily occupied
b wi Inc Nicaragnan government, within twelve