New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-06-14
OF FICIAL.
TREATIES AND CONVENTIONS
A PROCLAMATION.


A PROCLAMATION.
BY TIE PRESIDENT OF THE UNITED STATES
OF AMERICA.
Convention between the United States of
America and the republic of Salvador
Extradition; concluded May %, 1870;
ratification advised by Senate December
8, 1870; ratified by President December
10, 1870; ratified BY President of Salvador,
Publications extended May IL, 1873; rati-
tications exchanged at Washington March
2, 1874; proclaimed March A, 1874.
WHEREAS, A convention for the surren.
Ger OF criminals, fugitives from Justice, be-
tween the United States of America and
the republic Of Salvador, was concluded
and signed by their respective plenipoten-
liaries a; San Salvador on the tweaty:;third
day OF May, 1870, the original of which con-
vention, being in the English and Spanish
Languages, is word for word as follows:
Convention for the surrender of criminals
between the United State of America and
-ne Republic of Salvador.
The United States Of America and the
republic of Salvador, having judged it ex-
pedient, with view to the better admins
lration of justice, and to the prevention
Of crimes within their respective ter
ritories and jurisdiction, that persons
convicted of or charged with the
crimes hereinafter specified, and being
tugitives from justice, should, under certain
circumstances, be reciprOcally delivered up,
have resolved to conclude convention 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 republic of Salvador, Senior Doctor Don
Gregorio Arbizu, Minister of Foreign At
fairs; who, after reciprocal communication
of their full powers, found in good and due
form, have agreed upon the following ar
ticles, to wit:
ARTICLE /.
The government of the United States and
The government of Salvador mutually agree
20 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 con-
tracing parties, shall seek an asylum or be
found within the territories of the other; pro-
vided, that this shall only be done upon
such evidence of criminality as, according to
the laws of the place where the fugitive
o; person 30 charged shall be found,
would justify his or her apprehension and
commitment for trial if the crime had been
there committed.
ARTICLE II.
Persons shall be delivered up who shall
have been convicted of, or be charged, ac-
oording to the provisions of this conven-
lion, with any Of the following crimes:
|. Murder, cOmprehending the crimes
designated in the penal codes OF the con-
tracing parties by the terms homicide, par
ricide, assassination, poisoning and infanti-
eide.
2. The attempt to commit murder.
3. The crimes of rape, arson, piracy and
mutiny on board a ship, whenever
tie 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; ard the crime OF
robbery, defined to be the action Of felOni-
ously and forcibly taking from the person
of.another goods or money by violence, or
putting him in fear.
s. The crime of forgery, by which is I'M
devstood the utterance OF forged papers,
the counterfeiting Of public, sovereign, or
government actg.
6. The fabrication or circulation of coun-
terteit money, either coin or paper, Of public
bonds, bank notes, and obligations, and IN
general Of all things being titles or instEn-
ments of credit the counterfeiting 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.
s. Embezzlement, by any person or per.
sons, hired or salaried, to the detriment OF
their employers, when these crimes are sub
Ject TO infamous punishment.
ARTICLE III.
The provisions of this treaty shall not ap-
ply to any crime or ofense of political
character; and the person or persons dcliv-
for ha ri MOI
preceding article shall in no case be tried
for any ordinary crime committed previous
ly TO that for which his or their surrender
is asked.
ARTICLE ".
II the person whose surrender may be
claimed, pursuant TO the stipulations OF the
present treaty, shall have been arrested fol
The commission of otfenses in the country
where he has sought an asylum, shall have
been convicted therefor, his extradition
NAV be deferred until. he shall have been
ACQUITTED or have served the term of i'm
prisonment to which he may have been
sentenced.
In no case and for no motive shall the
high contracting parties be obliged to de
liver up their own subjects. Ii, in con-
formity with the laws in force in the State
10 which the accused belongs. he ought to
De submitted to criminal procedure toi
crimes committed in the other State, the
latter must communicate the Information
ard documents. send the implement OF
tools which were employed to perpetrate
the crime, and to procure every other ex
PLANTATION or evidence necessary to prose
cute the case.
ARTICLE VI.
Eeouisitions for the surrender of frgitivel
from Justice shall be made by the respective
Diplomatic agents of the contracting parties
or in the event of the absence OF these from
The country, or its seat of government, they
may be made by superior consular ofhcers
If the person whose extradition may o.
asked for shall have been convicted OF ;
crime. copy of the sentence OF the cour
IN which he may have been convicted
authenticated under it's seal, and an at
-estation of the official character of thu
Judge by the proper executive authority
and OF the latter by the minister o
consul Of the United States or OF Sal
vador, respectively, shall accompany tn
requisition. When, however, the fugitive
shall have been merely charged with crime
q duly authenticated copy OF the warran
for his arrest in the country where the
crime may have been committed, or the
dispositions upon which such warrant may
have been issued. must accompany the re
QUESTION aforesaid. The President OF tn
United States or the President of Salvado
may then issue warrant for the .appre
hension of the fugitive. in order that q
may be brought before the proper ludlcla
authority for examination. If it shoul'
then be decided that, according to law ant
the evidence, the extradition is due, pun
suant to the treaty, the fugitive may b.
given up according to the forms prescri0e'
n such cases.
ARTICLE VII.