National Republican., 1877-02-22
A TREATY WITH SPAIN.
ny THE PRESIDENT or THE UNITED
STiTES OPAMERICA.
A Proclamation.

A Proclamation.
WHEREAS, Convention between the United
| States OF America, and his Majesty, the King
| OF Spain, for the extradition OF criminals, was
concluded and signed by their respective Pleni-
Po,entiaries, at the city Of Madrid, on tho 5th
being In the English and Spanish Ian.
Puages, Ia word for word, as follows:
The United States Of America aud Hls Ma
| jcs y the King of Spain having Judged Il ex-
| pedient, with q view TO the better administra-
tion OF Justice, and the prevention Of crime
within their respective territories and jurisdc-.
| tions, that persons charged with, or convicted
| OF the crimes hereinafter enumerated, and be.
Ing fuRitiyes from justice, should, under GER
| tain circumstances, be reciprocally delivered
| up, have resolved to conclude q convention
for that purpose, and have appointed as their
States, Caleb Gushing, the Envoy Ertraordi-
nnry and Minister Plenipotentiary of the
United States near the government of Spain,
and His Majesty the King OF Spain, his Excel
lency Don Fernando Calder0n Collantes, his
Minister Of State, knight grand cross Of the
cero, Of those OF Leopold Of Austria, and of
Belgium, Of that Of our Lord Jesus Christ Of
Portugal, of the Savior of Greece, Of the
Holy sepulchre, and of the Nishan Inijar of
Tunis-who, alter having communicated to
each other their respective fnll powers, found
concluded the following articles;
ARTIoLEI
T. is agreed that the Government of the
United States and the Government Of Spain
shall, upon mutual requisition, duly
made as herein provided, deliver up
to justice all persons who may be
charged with, or who have been convicted
of, any of the crimes specified in Article II of
this convention, committed within the Juris-
diction Of one Of the contracting parties, while
said persons were actually within such jurs-
diction when the crime was committed, and
who shall seek an asylum, or shall be found
within the territories of the other: Provided,
That such surrender shall take place only
upon such evidence Of criminality as, accord
ing to the laws Of the place where the fugitive
or person SO charged shall be found, would
Justify his apprehension and commitment for
trial II the crime or offense had been there
committed.
ARTICLE II.
Persons shall be deliyered up according to
the provisions of this convention, who shall
have been charged with, or convicted Of, any
Of the following crimes:
/. Murder, comprehending the crimes des-
ignated by the terms Of parricide, assassina-
ton, poisoning, or infanticide.
2. The attempt to commit murder.
8. Rape.
4. Arson.
8. Piracy OF mutiny on board ship when the
crew or other persons on board, or part thereof,
have, by fraud or violence against the COM
mander, taken possession Of the vessel.
@. Burglary, defined TO be the act OF break
ing and entering into the house of another In
the nighttime, with intent to commit felony
therein.
Z. The act of breaking and entering the
Offices Of the Government and public author-
ties, or the Offices Of banks, banking houses,
savings banks, trust companies, insurance
companies, with intent to commit a felony
| therein.
s. Robbery, defined TO be the felonious and
forcible taking, from the person of another,
goods or money by violence, or by putting him
| In fear.
0. Forgery, or the utterance of forged pa,
pers.
| 10. The forgery or falslfcation Of the official
| acts OF the Government or public authority,
including courts Of Justice, or the uttering or
fraudulent use Of the same.
IL. Tho fabrication Of counterfeit money,
coupons of public debt, bank.notes or other
Instruments Of public credit, Of counterfeit
| seals, stamps, dies, and marks 1of State or
public administration, and the utterance, cir
culation, or fraudulent use ofany ofthe above
| mentioned objects.
| 12. The tmbezzlement OF. public funds,
committed within the Jurisdiction of one or
the other party, by public officers or deposit
| taries.
10. Embezzlement of any person or persons,
| hired or salaried, to the detriment of their
employers, when these crimes are subject to
Infamous punishment.
| IA. Kidnapping, defined to be the detention
| OF person or persons, In order to exact
money from them, or for any other unlawful
end.
ARTICLEIH
The provisions OF this convention shall not
import claim Of extradition for any crime or
offence Of political character, nor for acts
connected with such crimes or offences, and
no person surrendered by or to either Of the
contracting parties in virtue OF this conven-
tion, shall be tried or punished for any politi.
cal crime or offence, nor for any act con.
nected Herewith, committed previous to the
extradition.
| ARTICLE ".
| No person shall be subject to extradition In
| virtue Of this convention for any crime or
offence committed previous to the exchange
| OF the ratifcations hereof; and no person
shall be tried for any crime or offence other
less such crime be one of those enumerated
In Article II, and shall have been committed
subsequent to the exchange of ratiacations
hereof.
| ARTICLE V.
A fugitive criminal shall not be surrendered
under the provisions hereof, when, from lapse
Of time or other lawful cause, according to
the laws Of the place within the Jurisdiction
| Of which the crime was committed, the crimi-
nal Is exempt from prosecution or punishment
for the offence for which the surrender is
asked.
| ARTICLE VI.
II fugitive criminal, whose surrender may
be claimed, pursuant to the stipulations
hereof, be actually under prosecution, out on
bail, or In custody for crime or offence COM
mitted In the country where he has sought
asylum-or shall have been convicted thereof
his extradition may be deferred until such
proceedings be determined, and until such
criminal shall have been set at liberty In due
course Of law.
ARTICLE VII.
If fugitive criminal, claimed by one OF the
parties hereto, shall bo also claimed by ono
or more powers pursuant to treaty provisions
on account Of crimes committed within theil
jurisdiction, such criminal shall be delivered
In preference, in accordance with that demand
which is the earliest In date.
ARTICLE VIII.
Neither Of the contracting parties shall bs
bound to deliver up its own citizens or subject.
under the stipulations Of this convention.
| ARTICLE TX.
The expenses of the arrest, detention, OK
animation, and transportation OF the accused
shall be paid by the government which hal
preferred the demand Tor extradition.