New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-08
OF H ICI A I4s
TREATIES AND PROCLAMATIONss

TREATIES AND PROCLAMATIONs.
Treaty between tho United States of Amer
lea and the Republic Of Ecuador-Extra-
dition-Concluded June 70, 1877; rstinca
ton advised by the Senate January 8,
1873; ratified by President January 10.
1873: ratified by President of Ecuador
November -, 1873; notifications ex-
changed at Quito November II. 1873: pro
claimed December "a, 1873.
A PROCLAMATION.
as,s CHE PRESIDENT OF THE UNITED stArEs
OF AMERICA.
WHEREAS, a treaty Tor the mutual extra
,aition of criminals, ugitives from justice,
between the United States Of America and
the republic OF Ecuador, was concluded
and signed by their respective plenipOten-
tiaries 1T Quito ON the tweDty-elghth day
of June, eighteen hundred and seventy
two: which treaty, being in the English and
Spanish languages, is word toB WORD as
Extradition treaty between Che United
States of America and the Republic VI
Ecuador.
The United States of America and the
Republic Of Ecuador, having deemed IL
conducive to the better administration
of Justice and the prevention OF crime
all persons convicted OF or accused
of the crimes enumerated below, being
fugitives from justice, shall be, under cir.
tain circumstances, reciprocsily delivered
mn. have resolved to conclude treaty
upon this subject; and the President OF the
United States for this purpose has named
Rumsey Wing, a citizen OF the Unltets
States, and their Minister resident IN Ecua-
dor. as Plenpotentiary on the part OF the
United States and the President of Ecua-
dor has named Francisco Javier Leon, Min
lister of the Interior and Of Foreign Affairs,
"A Piepipotentiary on the part OF Ecuador;
who. having reciprocally communicated
their full powers, and the same having
been found in good and due form, have
agreed upon the following articles. Slz:
ARTICLEI.
The Government Of the United States and
the Government of Ecuador mutually agree
to deliver up such persons as may have
been convicted of or may be accused OF the
ole. committed within the jurisdics
ton of one of the contracting parties,
and who may have sought refuge or be
found within the territory of the other; 1T
being understood that this i, only tc be
done when the crimlnality shall be proved
In such manner that, according to the laws
of the country where the fugitive or accused
NAV De 1UunU, SUCH NO 10 W.
fully arrested and tried had the crime been
committed within its jurisdiction.
ARTICLE II.
Persons convicted of or accused or any
of the following crimes shall be delivered
nm. in accordance with the provisions Of
this treaty:
l. Murder, including assassination, parrl.
eide, infanticide, and poisoning.
g. The crime of rape, arson, piracy, and
mutiny on shipboard when the crew, or
part thereof, by fraud or violence against
the commanding officer, have taken posses
sion of the vessel
3. The crime of burglary, this being un-
derstood as the act of breaking or forcing
an entrance into aDother's house with in
tent to commit any crime; and the crime OF
robbery, this being defined as the act OF
taking from the person of another goods or
money with criminal intent, using violence
or intimidation.
4. The crime of forgery, which is under
stood to be the wiiliul use or circulation of
forged papers or public documents.
S. The fabrication or circulation of conn-
terfeit money, either coin or paper, OF pub
Lie bonds, bank bills aud securities. and in
general of any kind of titles to or instru
ments of credit, the counterfeiting OF
stamps, dies, seals and marks of the State
and of the administrative authorities. and
LOo 6Alb OF ClTCuidUtuu lHtECoI.
6. Embezzemento of public property, COM
mitted within the jurisdiction of either
party, by public officers or depositaries.
ARTICLE III.
The stipnlations of this treaty shall not
be applicable to crimes or Otfe Dses OF po-
litioal character; and the person Or persons
delivered up, charged with the crimes spe-
Gifted in the foregoing article, shall not be
prosecuted for any crime committed pre-
viously to that for which his or their extra
dition may be asked.
ARTICLE ".
If the person whose extradltlon may
have been applied for, in accordance with
the stipuatiOns Of the present treaty, shall
have been arrested for offenses committed
In the country where he has sought refuge
or if he shall have been sentenced therefor
his extradition may be deferred until his
acQuittal, or the expiration of the term fol
which he shall have been sentenced.
ARTICLE v.
Regulations for the extraditiOn Of fug
tives from justice shall he made by the re
spective diplomatic agents of the contract
ing parties, OF, in case of the absence OF
these from the country or it's capital. they
may be made by superior consular officers
If the person whose extraditiOn is asked
for shall have been convicted of . crime
the requisiton must be accompanied by a
copy OF the sentence OF the court that has
convicted him, authenticated under its
seal. and an attestation Of the official char
acter of the judge who has signed it, made
by the proper executive authority; also BY
an authorization of The latter by the min
lister or consul of the United States or Ecua
dor, respectively. On the contrary, how
ever, when the fugitive is merely charged
with crime duly authenticated copy of the
warrant for his arrest in the country where
the crime has been committed, and of any
evidence in writing upon which such
warrant may have been issued, must accom-
pany the aforesaid requisitiOn. The Presi
dent of the United States, or the proper ex
ecutive authority of Ecuador, may ther
order the arrest of the fugitive, In orde
that he may be brought before the iudicia
authority which is Competent to examine
the question of extradition. II, then, &C
cording to the evidence and the law, it b
decided that the extrsditiOn is due in CON
formity with this treaty, the fugitive shall
be delivered up, according to the forms pre-
soribed in such cases.
ARTICLE vi.
Tho expenses of the arrest, detention and
<xnnanorfa tim Of Mariana 0lAimA6 nhnll IN