Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-10-02

/
1874, within which time that ceremony
took place in the usual form.
BY THE PRESIDENT OF THE UNITED STATES
OF AMERICA.
A PROCLAMATION.
Whereas "A treaty for tho extradtion of
criminals, tugilives from Justice, betwren
the United States III America aud the Re
public Of Peru, was concluded and sghrd
by their respective Plenipoleniiarir- at
Lima, on tho twelfth day of September,
eighteen hundred aud seventy, the original
of which treaty, heing in the English aud
Spanish languages, is, word for Aurd as
follows:
ErtrdditiOn treaty bptlrpen Hc T'ajicd
States Of Americd and tie Repubiic Of Peru.
Tho United States of America and the
Republic of Peru, having judged ii expo
dent, with view Ia the bctter admins
tration of justice and the prevention of
crimo within their respective territories
ana Jurisdictions, that persuns charged
with the crimes hereinafter enumerated
should, under certain circumstances, he
reciprWally delivered up, have resolved to
conclude treaty for this purpose, and
have named ~ their respective Pienipo.
tentiaties, that il tu say: the President OF
the United States of America has appoint
cd Alvin Z. Hovey, Envoy Extraordinary
and Minister Plonipntentary Of the United
States of America near the Government of
the Republic of Peru aud the President uf
Peru has appointed His EXcellencv Doctor
jose J. LOayza, Minister of Foreign AiT,ir-
of Peru; who, AFTER having comInur ltcd
to each other their respective full p wefs.
found in good and true form, have agreed
upon and concluded the following articles
ARTICLE /.
1t Is agreed that the contracting par
ties shall, on acquisitions made in their
name through the medium of their respect
i've diplomatic agents, deliver up to JUS
tice persons who, being accused or con-
victed OF the crimes enumerated in A rti-
Gle III of the present treaty, committed
within the jurisdiction of the teuuirin.
party, shall seek an asylum, or shall he
found within the territories of tire other
POUided, That this shall he done only
when the fact of the commission Of the
crime shall he so established as that the
laws of the country in which the fugitive
or the person so accused shall be- tuuld
would justly his or her apprehension and
commitment for trial il the crime had
been there committed.
ARTICLE ii.
Persons shall he so delivered m who
shall be charged, according tn the nrnyiS-
ions of this treaty, with any Of the fulluw-
Ing crimes, whether IA principals, access
orios, or accumpliceS, To wit:
particde, assassination, poisoning aud in
fAnticide.
2. Rape, abduction by force.
3. Bgamy.
4. Arson.
8. Kidnapping, defining the same to he
the taking or carrying away of "A nrrsDn hV
iorce or deception.
q. Robbery, highway robbery, larceny.
I. Burglary, defined Ia ~ the action of
breaking and entering by night time into
the house of another person with the in
tent To commit a felony.
3. COunierlpiting or altering money the
Introduction or Fraudulent commerce Of
and in false coin and money; counterfeit
ing the certificates or obligations Of the
Government, of bank notes, aud of any
other documents of public credit, the Ut
icring and nso of the same; forging or al
tering Judicial Judgments ar dccrccs of the
Ho Nernment or courts, Of tn" seals, dies,
postage stamps aud revenue. stamps of the
Government, and the use of the same;
forging public and authentic deeds aud
documents, both commercial aud of banks
and the usa of the same.
9. Embc2Llemcnt of public MONEYS
committed within the jurisdiction of either
party by public officers or haiiees, and en-
hezzlement 10y any persons hired or : ,la-
ried.
10. Fraudulent bankruptcy.
IL. Fraudulent larratry.
lNDhlu bl u NtSStl, MlRll
the persons who compose the crew have
taken furcihle possession of the same or
have transferred the ship 10 pira cs
l3. Severe injuries Intentionally clusrh
Oh railroads, Ia Ielegraph-lines, or Ia pcr-
sons by means of explosions of mines ar
steam -hOilers.
II. Piracy.
ARTICLE Ill.
The provisions of the present treaty shall
ha in
or otiense of purely polilical character
nor shall the provisions of the present
treaty bo applied la any manner Ia the
crimes enumerated IN tho second article
committed anterior la the date Of the PN-
change uf the iatiiirati"iis there, f. Moth
or of the contracting parties shall bs bound
to deliver up its own citizens under the
siipulalinnS Of this treaty.
ARTICLE ".
The exlIadition will he granted in vir-
tue ni tho demand made 10y the una Coy
ernmeni on the other, with the remission
of cnndeIlnaiOrY sentence, an order of
arrest, ar of any olher pIuccss equivalent
Ia such order, in which will hn specified
the character and gravity of the imnuted
acts, and III" diSpnSilinnS ul the penal laws
relative 10 the ease. The documents Hc-
0OmpauvinG the demand for eNIralilinu
shall ha originals or certified copies, legal
~ authnrzrd hv the tribunals or hy a
competent prrs"n. IL possible, there shall
bo remiird M tl" same time descriptive
list of the individual ,quirrd, or any 9TH
or proof towards his identity.
ARTICLE V.
If tho person accused or condemned is
not a citizen uf either of the contracting
r0woIs, tho Government granting tho cx-
tradition will inform the Government of
the country Ia which the accused or con-
demnod may belong of the demand made,
| and II tho last-naned Government re-
| claims tho individual on its own account
| for trial in its own tribunals, the Govern
ment to which was made the demand of
extraditun may, at will, deliver the crim-
| inal TO the State in whose territories the
| crime was committed, or to that To which
| the criminal belongs. If the accused or
| sentenced person whose eXtradtiOn may
he demanded in virtue of the present con-
vention from one of the contracting par
| ties, should at the same time be the sub
| ject of claims from one or other Govern
| menls simultaneously for crimes or mis-
domeanOrs committed in their respective
| territories, he or she shall be delivered up
| to that Government in whose territories
tho Ofiense committed was of the gravest
| character; and when the offenses are of
like nature and gravity, the delivery will
| be made to the Government making the
first demand and II the dates of the de-
mands be the same, that of the nation to
which the criminal may belong will bo pre-
| ferred.
ARTICLE VI.
| If the person claimed is accused or sem
| fenced in the country where he may have
| taken refuge, for "A crime or misdemeanOr