Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-04-17
toFFIoIAL.1
L A w s
OF THE
UNITED STATES
PASSED AT THE
FIRST SESSION OF The FoRTY.TRlRD CONGRESS,
I OF FIOIAL.l

FIRST SESSION OF The FORIY-IHlRD COkdHtSS'
CONVENTION
Between the United States of America and
the Republic of Salvador.
ExtraditiOn.
Concluded May 90 1870. Ratification adj
vised by Senate December O. 1870. Rail
fed by President December IL, 1870. Rat
flied by President of Salvador October 2S,
1873 Time fOr exchange OF Publications
extended May II, 1873. RatIticatons ex-
changed at Washington March 2, 1874.
Proclaimed March 4, 1874.
By the President Of the United States Of
Amcricd.
: PROCLAMATION.
Whereas a convention for the surrender
Of criminals, fugilivcs from justice, be-
tween the United States of America and
the Republic of Salvador, was concluded
and signed by their respective Plenip ten.
tiaries at San Salvador on the 23d day Of
NAV, 1870, the original of which cnuven-
ton, being in the English aud Spanish lam
guages, is word for word as follows:
Convention for the Surrender Of criminals
betigeen tic United States Of Americd and
The Republic of Salvador.
The United States OF America and the
Republic of Salvador, having JUDGED It ex-
pedient, with view to the better admins
iration of justice, aud TO the prevention OF
crimes within their respective territories
and Jurisdiction, that persons convicted Of
or charged with the crimes hereinafter spe'
cited, and being fngitives from justice,
should, under certain circumstances, be
reciprocally given mp, have resolved 10
conclude convention for that purpose,
and have appointed as their P,cuipotenlia-
res. the President OF the United States, AL
fred T. A. Totbert, Minister Resident 10
Salvador; the President Of the Republic OF
Salvador, Senior Doctor Don Grcgorio Arbi-
Of rnraiuu A fairs afinr
reciprocal communication of their full pow
ers, found in good and duo form, have
agreed upon the following articles, 10 wit:
ARTICLE 1sT. The Government of the
United States and the Government Of Sal
yadur mutually 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 within the terrific
ries Of the other: PrOUidcd, That this shall
only he done upon such evidence of crimi-
naity as, according TO the laws of the place
where the fugitive or person so charged
shall he found. would justify his or her APP
prehensiOn and commitment for trial il the
crime had been there committed.
ARTICLE 2Np. Persons shall be deliver
ed up who shall have been cuuvicted of, or
he charged, according to the provisions of
this convention, with any of the following
crimes:
|. Murder, compreheuding the crimes
designated in the penal codes of the con-
tracing parties by the terms homicide,
parricide, assassination, poisoning, and in
fantcdc.
=. The attempt 10 commit murder,
3. The crimes of rape, arson, piracj, and
mutiny on board a ship, whenever the
crew, or part thereof, by fraud or vio-
leuce 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 in
tont to commit felony; and the crime of
robbery, defined TO be the action of felon-
Ously aud lorcibly taking from The person
Of another goods or money by violence, or
putting him in fear
D. The crime of forgery, by which is un-
dcrstood the utterance OF forged papers, the
counterleiting of public, sovereign, or gov
erunIcn acts.
6. The fabrication or circulation Of coun-
tcrlcit money, either coin or paper, of pub
lie bonds, tank notes, and obligations, and
in general of all things being titles or in
sruments of credit, the cOunterfcling of
seals, dies, stamps, and maik Ks of state and
puhlic administrali' n, and the utierance
thereof.
:. The embezz' emcnt of public moneys,
committed within the jurisdiction of either
| party. by public officers or depositurs.
$. EmbeZzleuent, by any person or per-
sons. hired or salaried, to the deIrimenl Of
| their employers, when these crimes are
| subject to Infamous punishment.
| ARTICLE BIRD. The provisions of this
! treaty shall not apply TO any crime or Of
fence OF a political character; and the per-
son or persons delivered up for the crimes
| enumerated in the preceding article shalt
in no case be tried for any ordinary crime
committed previously to that for which his
| or their surrender Is asked.
ARTICLE 4TH. If the person whose sur
render may be Gained, 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 there
for, his eXtrlditiUn may be deferred until
| he shall have been acquitted or have served
| the term of Imprisonment 10 which he may
| have been sentenced.
ARTICLE 9TH. In no case and for no
motive shall the high contracting parties
| be obliged to deliver up their own subjects.
| II, in conformity with the laws in force In
the state TO which the accused belongs, he
| ought TO be submitted 10 criminal proceed
| ure for crimes committed in the other state,
| the latter must communicate the iniorma-
| ton and documents, send the implements
| or tools which were employed TO perpetrate
| the crime, and procure every other expla-
| nation or evidence necessary 10 prosecute
| the case.
ARTICLE 9Th. Requsitions for the sur
I
made by the respective diplomatic agents
| Of the contracting parties, or ia The event
| of the absence Of these ION tho country, or
| its seat OF government they may be made
| by superior consular officers. If the person
| whose eNtradition may be ask cd for shall
| have been convicted of crime, a copy of
| the sentence of the court in which he may
| have been convicted, authenticated under
its seal, and an attestaton of the official
| character of the Judge by the proper exacu-
| tive authority, and of the latter by the MN
| lister or consul of the United States or of
Salvador, respectively, shall accompany the
requisition. When, however, the fugitive
| shall have been merely charged with crime,
a duly authenticated copy of the warrant
| 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 the
| United States or the President of Salvador
| may then issue warrant TOR the apprehen-
sion of the fugitive, in order that he NAV
be brought before the proper judicial au-
| thorltY for examination. If ii should then
| be decided that, according to law aud the
| evidence, the extradition is due, pursuant
to the treaty, the fugitive may be given up
according to the forms prescribed In such
| cases.
ARTICLE 7TH. The expenses of the arrest,
detention. and transportation of the persons
claimed shall be paid by the government
in whose name the requisition shall have
| been made.
ARTICLE STH. This convention shall con-
tinue in force during Ten (I0) years from the
| day of exchange Of Publications but If nei-
ther party shall have given TO the other six
| (6) months previous notice of its intention
TO terminate the same, the convention shall
remain in force ten years longer, and so on.
The present convention shall be ratified
and the Publications exchanged at the city
of Washington within twelve (l2) months,
and sooner If possible.
In witness whereof, the respective Pleni-
| p0tentlarles have signed the present con-
vention in duplicate, and have thereunto
affixed their seals.
Done at the city Of San Salvador the