The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1874-02-24

PROCL Anne DECEMBER "a, 1875.
BY THE PRESIDENT OF THE
UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas treaty for the mutual extra
dtion of criminals, fugitives from justice,
between the United States of America
and the Republic of Ecuador, was con-
cluded and signed by their. respective
Pleniopotentiaries at Quito on the twenty
eight day Of June, eighteen hundred and
seyenty-two which treaty being in the
English and Spanish languages, is word
for word as follows:
Extradition treaty between the United
States Of America and the Republic Of
Ecuador. sg 5srE
The United States of America and the
Republic of Ecuador, having deemed it
conducive to the better administration. of
Justice and the prevention Of crime within
their respective territories that all persons
enumerated below, being being fugitiveS
from justice, shall be, under certain cir
cumstances, reciprocally delivered up,
have resolved to conclude treaty upon
the subject; and the President ofthe United
States has for this purpose named Rumsey
Wing, citizen of the United States, and
their Mnistes-Resident in Ecuador, as
Plenipotentiary on the part of the United
States, and the President of Ecuador has
named Francisco Jayier Leon, Minister Of
the Interior and of Foreign Affairs. as
Plenipotentiary on the part of Ecuador I;
who, having reciprocally communicated
Their full powers, and the same having
been found in good and due form, have
agreed upon the following articles, viz:
ARTICLE IsT. t
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 crimes set forth in the following
article, committed within the jurisdiction
Of one of the contracting parties, and who
may have sought refuge or be found within
the territory of the other; it being UNDER
stood that this is only to be done when
the criminality shall be proved in such
manner that, according TO the laws of the
country where the fugitive or accused may
be found, such person might be lawfully
arrested and tried, had the crime been
committed within its jurisdiction.
m ARTICLE 2ND. rF.y5
Persons convicted of or accused of any
of the following crimes shall be delivered
up, in accordance with the provisions of
this treaty: .,.,4l els. saf..s. .e.aa
lst. Murder, including assassination,
parricide, infanticide, and poisoning.
I'd. The crime of rape, arson, piracy,
and mutiny on ship-board, when the crew,
or, q part thereof, by fraud or violence
against the commanding officer, have taken
possession of the vessel.
Sd. The crime of burglary, this being
understood as the act of breaking or fore
ing an entrance 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 criminal intent. using vio-
lence or intimidation. sv viz 4
4th. The crime of forgery, which is I'M
derstood to be the wilful use Or circulation
of forged papers or public documents.
9Th. The fabrication or circulation Of
counterfeit money, either coin or paper, of
public bonds, bank-bills and securities, and
in general of any kind of titles to or in
struments of credit, the counterfeiting of
stamps, dies, seals, and marks of the state
the sale or circulation thereof.
9Th. Embezzlement of public property.
committed within the jurisdiction of either
party, by public officers or depositaries.
ARTICLE 3RD. a4
The stipulations of this treaty shall not
be applicable to crimes or offences of a po-
htical character; and the person or per-
sons 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
extradition may be asked.
@g Hs ARTICLE 4TFT.
If the person whose extradition may
have been applied for, in accordance with
the stipulation 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 there
for, his extradition may be deferred until
his acquital, or the expiration of the term
for which he shall have been sentenced.
eTtgErg ARTICLE 9th. lJt
i Requisitions for the extradition of fugi-
tives from justice shall be made by re.
spective diplomatic agents of the contrac.
ting parties, or, in case of the absence oil
these from the country or its capital, they
may be made by superior consular officers,
IF the person whose extraditon is asked
for shall have been convicted of crime,
the requisition must be accompanied by a
copy of the sentence of the court that has
convicted him, authenticated underit its seal
and an attestation of the official character
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 OF
Ecuador, respectively. On the contrary,
however, when the fugitive is merely
charged with crime, a duly authenticated
copy of the warrant for his arrest in the
country where the crime has been com
mitted, and of any evidence in writing
upon which such warrant may have beer
issued, must accompany the aforesaid re.
QUESTION. The President of the United
States, or the proper executive authority
Of Ecuador, may then order the arrest D.
the fugitive, in order that he may be brought
before the judicial authority which
is competent to examine the question o.
extradition. IF, then, according to thu
evidence and the law, it be decided that the
extradition is due In conformity with thi.
treaty, the fugitive shall be delivered up
according to the forms prescribed in such