The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-15

Signed June %, lS7o--Ratifed april II, ls7I-Rat-
tticdtions Exchanged June "a, 1s7l-Prociofmed
September 10, 1871.
BY THE PRESIDENT OF 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-
ipotentiaries, on the twenty-fifth 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 or AMERICA AND
THE REPUBLIC OF NICARAGUA.
The United States of America and the Repub-
lie ofNicaragua, having Judged il eNpedient, with
aView TO the better administration of justice,
and to prevention of crimes within their respec-
live territories and jurisdiction, that persons
yicted of, or charged with the crimes hereinafter
mentioned, and being fugitives from justice,
should, under certain circumstances, be recpro-
cally delivered mp, have resolved to conclude a
convention for that purpose, and have appointed
as their Plenipotentiaries: the President of tie
United States, Charles N. Riotte, citizen and
Minister Resident of the United States in Nca-
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 duo form,
have agreed upon the following articles, viz:
IL ARrIoLEI.
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 snch evidence of crirninality 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 H.
Persons shall be delivered up, who shall have
been convicted of, be charged, according to the
provisions of this convention, with any of the
following crimes
L. Murder, colnprehending assassination, par
licide, infanticide and poisoning
2. The crimes of rape, arson piracy, and mutt
ny board n ship, whenever the crew, or part
thereof, by fraud OF violence against the COM
rnander, have taken possession Of tho 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 feo-
ny and the crime of robbery defined 10 be the
action OF feloniously and forcibly taking from the
person of another, goods or money, by violence
or putting him in fear
l. The crime of forgery, by which is under
stood the utterance of forged papers, the coun-
teTfeting Of public, sovereign, or government acts
5. 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 admins rations and the utter ance thereof.
8. The enlbezzlement of public moneys, COM
nitted within the jurisdiction of either party, by
public officers or depositors.
Z. Embezzlement by any person persons
hired OF salaried, to the detriment of their en-
pIoyeis when these crimes are subjected to infa-
nous punishment.
ARTICLE H.
The provisions of this treaty shall not apply to
any crime offence of a political character and
the person pei sons delivered up for the crimes
enumerated in the preceding article, shall in
case be tried for any ordinary crime, committed
previously TO that for which his or their surren-
der is asked.
ARTICLE ".
II the person. whose surrender may be claim
cd 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 fugityes from
justice shall be made by 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
convicted of crime, a 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 consul of the United states or of Mic
aragua respectively, shall accompany the requi-
sition. When, however, the fugitive shall have
been merely charged with crime n duly aithen-
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 the proper executive au-
thority in Nicaragua, may then issue a warrant
for the apprehension of the fugitive in order that
he may be brought before the proper judicial au-
| thorty for examining the question of extrnd-
! 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 sneh
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 (5l years 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
tenton 10 terminate the same, the convention
shall remain in force five (5) years longer, and
on.
The present convention shall be ratified and
the Publications exchanged at the capital of Mic
aragus, or amy other place temporarily occupied
4 by the Nearaguan government, within twelve
| f2) months, or sooner if possible.
IN witness whereof the respective Plenipoten-
tiaries have signed the present convention in du-
Ilcate, 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 fifty-nnth.
[sEAL1 CHARLES N. RIOTTE.
lsEALl TOMAS AVON.
And whereas said convention as amended has
been duly ratified on both parts and the respec-
tive Publications of the same were exchanged at
Managua on the twenty-fonrth day OF June last