The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-11-07


yfcattons Exchanged June "a, ls71--Proctotmed
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 concluded
and signed at Managua, by their respective Plen-
ipotentiaries, on the twenty-fffth 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 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, that persons con-
yicted of or charged with the crimes hereinafter
mentioned, and being fugitiyes from justice,
should, under certain circumstances, be recipro-
cally delivered up, have resolved to conclude
convention for that purpose, and have appointed
as their Plenipotentiaries: 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 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:
ARTIcLRI.
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 such evidence of criminaity 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. M
Persons shall be delivered up, who shall have
hn.t, spfa xlNf r1.at
provisions of this convention with any of the
following crimes
l. Murder, comprehending assassination, par
rcide, iuiitnticide and poisoning
2. The crimes of rape, arson, piracy, and mutt
ny on board a ship, whenever the crew, part
thereof, by fraud or violence against the com
mander, have taken possession OF the.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 felo-
ny and the crime of robbery, defined to be the
action of feloniously and forcby taking from the
person of another, goods or money, by violence
or putting him in fear
t. The crime of forgery, by which is under
stood the utterance of forged papers, the coun-
terfeiting of public, sovereign, or 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 counterfeting
Of seals, dies, stamps, and marks Of Stste and
8. The embezzlement of public moneys, COM
mitted within the jurisdiction of either party by
?, Embezzlement by any person or persons
hired or salared, to the detriment Of their EN-
ployers, when these crimes are subjected to nfa-
nous punis hment.
The provisions of this treaty shall not apply to
any crime or offence OF a political character, and
the person per 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 ".
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, have served the
term of imprisonment to which he may have
been sentenced.
| acquisitions for the surrender Of fugitives from
justice shall be made ny the respective diploma
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 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
| aragua, respectively shall accompany the requi-
siton. When, however, the fugitive shall have
| been merely charged with crime, duly authen-
ticated copy of the warrant for his arrest in the
I 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-
thorty 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-
| thority for examining the question of extradi-
| ton. II it should then be decided that, accord
| ing to law and evidence, the extradtion is due
pursuant to this treaty, the fugitive may be CIV
en- up according TO the forms prescribed in such
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 (5) 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
! tention to terminate the same, the convention
shall remain in force five (6) 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
Q2l months, or sooner II possible.
In witness whereof the respective Plenipoten-
tiaries have signed the present convention in du-
pcate, 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 flfty-ninth.
[sRAL.1 CHARLES N. RIOTTE.
/ fsEAL TOMAS AVON.
And whereas said convention as amended has
been duly ratified on both parts, and the respec-
tive Publications of the same We're exchanged at
Managua, on the twenty-fourth day of June last,
by Charles N. Riotte, Minister Resident OF the
United States, and j. ID. Rodriguez, Member OF
the Chamber of Deputies of Nicaragua, on the
part of their respective governments
Naxrr ha limos hat FuGn
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.
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 seventy-one, and Of
the Independence of the United States the nine
ty-sixth.
[sRAL] u. GRANT.
BY the President: