The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-09


ifcations Exchanged June a. lS7l-Procfdtmed
September 10, 1871.
BY THE PRESIDENT OF THE UNITED Stairs 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-
ipotentiaries, on the twenty-fifth DAY Of June,
1870; which convention, being in the English and
Spanish languages, is word for word as follows:
EXTRACTION 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
Il 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, ard being fugitives 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 Plenipoteptiaries: 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[eign]
Relations, who, after reciprocal communication |
of their full powers found in good and due form,
have agreed upon the following articles, viz:
ARrIcLEI.
The government Of the United States and the
government otSetearagn, 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, shtil seek an
other: Provided That this shall only be done
upon such evidence of criminality as, according
to the laws Of the PLACE where the might've OF
his or her apprehension and commitment for
trial, if the crime had been there committed.
ARTICLE
| Persons shall be delivered up, who shall have
been convicted of, or be charged, according to the
| provisions OF this convention, Win any OF the
| following crimes
/. Murder comprehending assassination par
ricide infanticide, and poisoning.
q 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
maii,,er, have taken possession of the vessel.
g. 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 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 cotn-
terfeiting of public, sovereigno or government acts.
s. The fabrication circulation of counterfeit
eer and com =, and al IN general of ali
titles of instruments of credit, the eounterfeiting
of seals, dies, stamps, and marks OF State and
public administrations and the uttel anc thereof.
g. The embezzlement of public moneys COM
mited within the jurisdiction of either party, by
public officers or depositors.
T. Embezzlement by any person on persons
hired or salaried to the detriment of their EN-
ployers, when these crimes are subjected 10 infa-
nous punishment.
ARTIcLEnI.
The p DIVISIONS of this treaty shall not apply 10
any crime or offence of political character, end
the person or pei delive 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 extradition may be deferred until he
shall have been acquitted, or have served the
/. term of Imprisonment to which he may have
: been sentenced.
Reuuisitions for the surrender of fugtives from
. Justice shall be made by the respective diploma
d tic agents of the contracting parties, or, in the
= event of the absence of these from the country
| OF its seat of government they may be made by
superior consular officers II the person whose
g extradition may be asked for shall have been
q con victed of q crime, copy of the sentence OF
the 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-
per executive authority, and of the latter by the
= | minister or consul of the United states or of Mic
IL aragua, respectively, shall accompany the requi
+ sition. When, however, the fugitive snail nave
ticated copy of the Warrant for his arrest in tht
l. country where the crime may have been com
d mitted, and of the depositions upon when sucl
d warrant may have been issued, must accompan,
i the requisiton aforesaid. The President
IL the United States, or the proper executive ait
e thority in Nicaragua, may then issue warran
10 for the apprehension of the fugitive in order tina
y he may be brought before the proper judicial au
u thority for examining the question OF extradi
;e ton. II it should then be decided that, accord
Is ing to law and evidence, the extradition is dn
" pursuant to this treaty, the fugitive may DO Civ
A. en- up according TO the forms prescribed in sue
" cases.
n ARTICLE
y, The expenses of the arrest, detention. an
:. transportation of the persons claimed shall .
CT paid by the government in whose name the II
to QUESTION shall have been made.
VS. ARTICLE VII.
In This convention shall continue in force durin
- five (5) years from the day of exchange of ratif
u cations, but if neither party shall have given
T. the other six Co months previous notice of its II
re tention TO terminate the same, the conyentio
- shall remain in force five Coy years longer and
on.
Nv the Publications exchanged at the capital OF nj
- aragua, or any other place temporarily occupie
W by the Nicaraguan government, within twel'
N, (l2) months, or sooner il possible.
m In witness whereof the respective Plenipotei
-: tiaries have signed the present convention in d
iis picate, and have thereunto affixed their seals
nd Done at the city OF Managua, capital of Il
to Republic of Nicaragua, the twenty nth day
June, one thousand eight hundred and sevent
or the independence OF Onlttu otdtts u
ninety fourth, and of the Independence of Mic
ragua the fifty -ninth.
TsEAL1 CHARLES N. RIOTTE
fsEAL.1 TOMAS AVON.
,IIs And whereas said convention as amended h
ny been duly ratified both parts, and the resp'
TIC tive Publications of the same were exchanged
of Managua, on the twenty fourth day of June la
tlo by Charles N. Rotte, Minister Resident Of I
lne United States and j. D. Rodriguez, Member
the the Chamber of Deputies of Nicaragua, on
So part of their respective governments
~ Now, therefore, be it known that l, Ulysses
lle Grant President of the United States of Anne
hat ca, have caused the said convention to be ma
tn public to the end that the same, and every clai
80 and article thereof, may be observed and fulfill
IFS, with good faith by the United States and the
/, to liens thereof
md In witness whereof have hereunto set n
~" hand and caused the seal OF the United States
be affixed.
as Done at the city of Washington this nlneteef
, of day of September in the year OF our LORD {
~: thousand eight hundred and seyentysone, and
TINS the Independence of the United States the nj
ty-sixth .,r
low [sRAL.l u, 5 GRANT
- BY the President: