The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-20

Signed June 25, ls7o-Rdtifed april IL. 1s7I-Rdt-
fcdtions Exchanged June 81, ls71-Procldimed
September 10, 1871.
Bf THE PRESIDENT OF THE UNITED sTATEs OF AMERICA
A Proclamation.
Whereas q 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-iifth day of June,
1870; which convention, being in the English and
Spanish languages, is word for word as follows:
EXTRADITION CONTENTION 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
view to the better administration of justice,
and to prevention of crimes within their respec-
tive territories and jurisdiction thatpersons con-
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 a
convention for that purpose, and have appointed
as their Plenpotentiaries the President of tie
| 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 duo form,
have agreed upon the following articles, viz;
ARTICLE l..
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 be found within the territories of the
| other: Provided That this shall only be done
upon such evidence of criminalty as, according
to the laws of the place where the fugitive
| person SO charged shall be found would justify
his or her apprehension and commitment for
| trial, if the crime had been there committed
/ t 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, comprehending assassination par
rcide, infanticide, and poisoning.
q The crimes of rape, arson, piracy and mutt
! ny on board q 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
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 foreibly taking from the
person of another, goods money, by violence
| or putting him in fear
| A. The crime of forgery, by which is under
4 stood the utterance of forged papers, the
terfeiting of public, sovereign, or government acts
8. The fabrication or circulation of counterfeit
money, either coin or paper, of public bonds
i 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 utter anc thereof
| 8. The ernbeZzlement of public moneys, COM
mitted within the jurisdiction of either party, by
public officers or depostors
| 2. Embezzlement by any person persons
hired or salaried, to the detriment of their en-
ployers, when these crimes are subjected TO infa-
nous punishment.
| The pl DIVISIONS of this treaty shall not apply to
any crime or offence of a political character, and
the person or pei sons delivered 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. sr
~
| 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
l term of Imprisonment to which he may have
i been sentenced. Gatlfr
| ARTICLE "
acquisitions for the surrender of fugitiyes from
justice shall be made by the respective diploma
1 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
i extradition may be asked for shall have been
/ con icted of a 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 or consul of the United >tates or of Mic
aragua, respectively, shall accompany the requ-
| sition. When, however, the fugitive shall have
been merely charged with crime, a duly anthem
] tcated 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, 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 extrld-
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
an ling IN fhp cp1ibp in c,,nt,
cases.
4 ARTICLE W.
1 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 (5 years from the day of exchange of ratif-
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 so
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
az months, or sooner # possible
/ In witness whereof the respective Plenipoten-
taries have signed the present convention in du-
plieate, and have thereunto affixed their seals
! Done at the city of Managua, capital of the
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-ninth.
| [sEALl CHARLES N. RIOTTE.
| [sEAL 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 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 it known that /, Ulysses S,
| Grant, President of the United States of Ameri-
ca, have caused the said convention to be made
public to the end that the same, and every clause
and article thereof, may be observed and fulfilled
with good faith by the United States and the cit
| liens thereof. e
! In witness whereof have hereunto set my
hand and caused the seal of the United States to
| be affixed
Done at the city of Washington this nineteenth
day of September in the year of our Lord one
thousand eight hundred and seyenty-one, and of
the Independence of the United States the nine
| ty-sixth. ~
| [sEAL.l U. S GRANT.
| BY the President . -r
HAMILTON FISH,
Secretary of State. ..s.s.