Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-03-12

A PROCLAMATION
Whereas treaty for the mutual extradition
of criminals, fugitives from justice, between |
the United States OF America and the Repub
lie of Ecuador, was concluded and signed by
their respective Plenipotentiaries at Quito on
the twenty eighth day of June, eighteen hun
dred and seventy-two; which treaty, being in
the English and Spanish languages, is word for
word as follows:
Ertradition treaty betlOeen the United States Of
America and the Republic of Ecuador.
The United States of America and the Re
public of Ecuador, having deemed it condue-
i've to the better administration of Justice and
the prevention of crime within their respect
i've territories that all persons convicted of or
accused of the crimes enumerated below, be-
ing fugitives from Justice, shall be, under
certain circumstances, reel procally delivered
up, haYe resolved to conclude treaty upon
the subject; and the President of the United
States has for this purpose named Rumsey
Wing, a citizen of the United States, and
their Minister Resident of Ecuador, as Plenipo
tentiary on the part of the United States, and
the President of Ecuador has named Francisco
JavIer Leon. Minister of the Interior and of
Foreign Affairs, as Plenipotentiary on the part
of Ecuador; who, having reciprocally commu-
nicated their full powers, and the same hav
agreed upon the following articles, viz:
ARTICLE 1sT.-The Government of the
United States and the Government of Ecua-
dor mutually agree to deliver up such per-
sons as may have been convicted of or may
be accused of the crimes set forth in the fol-
lowing article, committed within the juris
dietion of one of the contracting parties, and
who may have sought refuge or be found
within the territory of the other; it being un-
derstood that this is only to be Done when
criminality shall be proved in such manner
that, according 30 the laws of the country
Haf
such persons might be lawfully arrested and
tried, had the crime been committed within its
jurisdiction.
ARTICLE 2ND.-Persons victed of or accused
of any of the following crimes shall be de-
hvered up, in accordance with the provisions
of this treaty:
1st Murder, including assination, parricide,
infanticide, and poisoning.
ID. The crime of rape, arson, piracy, and
mutiny on ship-board when the crew, or
part thereof, by fraud or violence against the
commanding officer, have taken possession of
the vessel.
Sd. The crime of burglary, this being un-
derstood as the act of breaking or forcing an
entraace into another's house with intent 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 Grim
inal intent, using violence or intimidation.
4th. The crime of forgery, which is under
derstood to be the willful use or circulation of
forged papers or public documents.
5th. The fabrication or circulation of eoun-
terfeit money, either coin or paper, of public
bonds, bank-bills and securities, and IN gen
eral of any kind of titles to or instruments of
credit, the counterfeiting fstamps, dies, seals,
and marks of the state and of the admins
trative authorities, and the sale or circulation
tn ereof.
9Th. Embezzlement of public property, COM
mitted within the jurisdiction of either party,
by public officers or depositaries.
ARTICLE 3RD.-The stipulations of this
treaty shall not be applicable to crimes or
offences of political character; and the per-
son or persons delivered up, charged with the
crimes specified in the foregoing article, shall
not be prosecuted for any crime committed
previously to that for which his or their ex-
tradition may be asked.
ARTICLE 4TH.-If the person whose extradi-
ton may have been applied for, in accordance
with the Stipulations of the present treaty
shall have been arrested for offences 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 for which he
! shall have been sentenced.
| ARTICLE 5TH-Req uisitions for the extra
dition of fugitives from justice shall be made
by the respective diplomatic agents of the
| contracting parties, or, in case OF the absence
of these from the country or its capital, they
! may be made by superior consular officers -
Ii G06 person WHOSE GAGfhuIGlOu lB dShSu lOE
| shall have been convicted of crime, the re-
| QUESTION must be accompanied by q copy OF
| the sentence of the court that has convicted
| him, authenticated under its seal, and an at
| testation of the official character of the judge
who has signed it, made by the proper execu
| tive authority; a lso by an authorization o.
the latter by the Minister or Consul of the
| United States or Ecuador, respectively. On
! the contrary, however, when the fugitive is
merely charged with crime, a duly authenti
Gated copy of the warrant for arrest IN th'
| country where the crime has been committed
| and of any evidence in writing upon which
! such warrant may have been issued, must ac
| company the aforesaid requisiti on. The Pres
ident of the United States, or the proper exec
utive auth ority of Ecuador, may then ordel
the arrest of the fugitive, in order that h
may be brought before the judicial authority
which is competent to examine the question o
eXtradition. If, then, according to the evi
dence and the law, it be decided that the ex
tradition is due in conformity with this treaty
the fugitive shall be delivered up, according t.
the forms prescribed in such cases.
ARTICLE 6YB.--The expenses of the arrest
| detention, and transportation of person.
claimed shall be paid by the Government il
whose name the requisition shall have bee1
made.
ART7.--This treaty shall continue in fore
for ten (l0) years from the day ofthe exchang
of ratifcations; but in case neither party shall
have given to the other one (l) years previou
notice of its intention to terminate the same
then this treaty shall continue in force for te
(1O) years longer, and SO on.
! The present treaty shall be ratified, and tn
ratifcations exchanged in the capital of Equa
dor, within two months from the day on whic
] the session of the coming Congress of Ecuado
! shall terminate, which will be October, 1877;
! In testimony whereof the respective Pleni
potentiaries have signed the present treaty i
/ duplicate, and have hereunto affixed thei
4 seals.
Done in the city of Quito, capital of tn
Republic of Ecuador, this twenty eighth da
of June, one thousand eight hundred and sey
enty-two
RUMsEY WING. [sEAL.]
FRANoIsCo JAvIER LEON. [sEAL.
And whereas the said treaty has been dul
ratified on both parts, and the respective rat
ications were exchanged at Quito on the l2t
of November last:
s. GRANT, President of the United States {
America, have caused the said treaty to b
made public, to the end that the same, an
every clause and article thereof, may be OF
served and fulfilled with good faith by tn
United States, and the citizens thereof.
In witness whereofI have hereunte set m
hand, and caused the seal of the United State
to be affixed. ~
Done in the city of Washington this twenty
fourth day of December. in the year of ou
Lord one thousand eight hundred and seventy
three, and of the Independence of the Unite
States OF America the ninety eighth.
| U. S. GRANT.
By the President:
HAMILTON FISH, Secretary of State.