Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-04-23

America and the Republic of saliva
dor.
The United States of America and the Re-
public of Salvador, having judged it expedi-
ent, with view to the better administration
of justice, and to the prevention of crimes
within their respective territories and iuris-
dietion, that persons convicted of or charged
with the crimes hereinafter specified, and be-
ing fugitives from justice, should, under GER
tain circumstances, be reciprocally deliv-
cred up, have resolved to conclude a conyen-
ton for that purpose, and have appointed as
their Plenipotentiaries. the President of the
United States, Alfred T. A. Torbert, Minis
ter Resident to Salvador; the President of the
Rebublie of Salvador, Senor Doctor Don
Gregorio Arbizu, Minister of Foreign Affairs ;
whos after reel proeal communication of their
full powers, found in good and due form, have
| agreed upon the following articles, to-wit:
ARTICLE 1st.-The Government ofthe United
States and the Government of Salvador mu-
tually agree to deliver up persons who, having
been convicted of or charged with the crimes
| specified in the following article, committed
within the jurisdiction of one of the contracting
parties, shall seek an asylum or be found with
in the territories of the other: PrOUided, That
| this shall only be done upon such evidence of
crlminality as, according to the laws of the
place where the fugitive or person charged
shall be found, would justify his or her appre-
henslon and commitment for trial if the crime
had been there committed.
ARTICLE 2nd.-Persons shall be delivered up
| who shall have been convicted, or be charged.
| according to the provisions of this convention,
| with any of the following crimes
l. Murder, comprehending the crimes des-
| ignated IN the penal codes of the contracting
parties by the terms homicide, parricide, as
sassination, poisoning, and infanticide.
| 2, The attempt to commit murder.
L.
/ mutlnY on board a ship, whenever the crew,
or part thereof, by fraud or violence against
/ the commander, have taken possession of the
vessel
4. The crime of burglary, defined to be the
/ action OF breaking and entering by night into
| the house of another with the intent to commit
| felony; and the crime of robbery, defined to be
the action of felOniously and foreibly taking
from the person of another goods or money by
| violence, or putting him in fear.
5. The crime of forgery, by which is under
stood the utterance of forged papers, the ceun-
! terfeiting of public, sovereign, or government
acts.
6. The fabrication or circulation of coun-
terfeit money, either coin or paper, of public
bonds, bank-notes, and obligations, and in
general of all things being titles or instru-
ments Of credit, the eounterfeiting of seals
dies, stamps, and marks of state and public
| administration, and the utterance thereof.
Z. The embezzlement of public moneys,
committed within the jurisdiction of either
party, by public officers or depositors.
8. Embezzlement, by any person or persons
| hired or salaried, to the detriment of their en-
ployers, when these crimes are subject to infa-
nous punishment.
ARTICLE 3rd.-The provisions of this treaty
shall not apply to any crime or offence of a pO
litical character; and the person or persons de-
/ llVered up for the crimes enumerated in the
| preceding article shall in no case be tried fol
1 fko AI.
| which his or their surrender is asked.
ARTICLE 4th.- If the person whose surrender
| may be claimed, pursuant to the stipulations
OF the present treaty, shall have been arrested
| for the commission of offences in the country
where he has sought an asylum, shall have
been convicted therefor, his eXtradition may
| be deferred until he shall have been acquitted
| or have served the term of imprisonment to
which he may have been sentenced.
ARTICLE 5th-In no case and for no motive
shall the high contracting parties be obliged
to deliver up their own subjects. If, in con-
fornlity with the laws i'll force in the State to
/ which the accused belongs, he ought to be
| submitted to criminal procedure for crimes
| committed in the other state, the latter must
| communicate the information and documents
1 send the implements or tools which were EN-
| ployed to perpetrate the crime, and procure
| every other explanation or evidence necessary
| to prosecute the case.
ARTICLE 6th.--Requisitions for the surrender
of fugitives from justice shall be made by thu
respective diplomatic agents of the contract
ing parties, or in the event of the absence O.
these from the country, or its seat of govern
ment, they may be made by superior consular
officers. If the person whose extradition may
be asked for shall have been convicted of
crime, a copy of the sentence of the court il
which he may have been conyicted, authenti
Gated under its seal, and an attestation of th'
official character of the judge by the prope
executive authority, and of the latter by tn
minister or consul of the United States or o
Salvador, respectively, shall accompany tn
requisitiOn. When, however, the fugitive shall
have been merely charged with crime, a duly
authenticated copy of the warrant for his ar
rest in the country where the crime may hav
been committed, or the depositions upon whiel
| such warrantmay have been issued, must &C
company the requisi5ion aforesaid The Pres
ident of the United States or the President O
Salvador may then issue warrant for tn
| apprehension of the fugitive, in order that b
may be brought before the proper judicial au
thority for examination. If it should then b
decided that, according to law and the evi
dence, the extradition is due, pursuant to tn
treaty, the fugitive may be given up according
to the forms prescribed in such cases.
ARTICLE 7th.-The expenses ofthe arrest, de
tention, and transportation of TIE person
claimed shall be paid by the government il
whose name the requisition shall have bee1
made.
ARTICLE Sth.-This convention shall con
tinue in force ten (l0) years from the day @
exchange of rati6cations; but if neither part
shall have given to the other six (6) month 5
previous notice of its intention to terminal
the same, the convention shall remain in fore
ten years longer, and so on.
! The present convention shall be ratife
and the ratihcations exchanged at the city c
Washington within twelve (l2) months, an
sooner if possible.
In witness whereof, the respective Pleni
potentiaries have signed the present conven
tiOn in duplicate, and have thereunto affixe
their seals.
Done at the city of San Salvador the twenty
third day of May, A. D. one thousand eigh
hundred and seventy, and of the independence
of the United States the ninety-fourth.
[sEAL] ALFRED T. A. ToRBERT.
[sEAL GRECO. ARBIzU.
And whereas the convention has been dull
ratified on both parts, and the respective rati
tications were exchanged in this city on th
second day of March, 1874:
Now, therefore, be it known that I, ULYssE
S. GRANT, President of the United States c
America, haye caused the said convention t
be made puplic, 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 whereof, l haYe hereunto set m
hand and caused the seal of the United State
to be affixed.
Done at the City of Washington this fourt
day of March, in the year of our Lor
one thousand eight hundred an
rsEAL. seventy four, and of the Independ
ence of the United States of Americ
the ninety eighth.
| By the President: