Page images
PDF
EPUB

dition has been granted, on account of a political crime or offence committed by him or her previous to his or her extradition, or on account of an act connected with such a political crime or offence, unless he or she has been at liberty to leave the country for one month after having been tried, and, in case of condemnation, for one month after having suffered his or her punishment, or having been pardoned.

An attempt against the life of the Head of the Government shall not be considered a political offence.

VIII. Requisitions for the surrender of fugitives from justice under this present Convention 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 from its seat of Government, they may be made by superior Consular officers.

If a person whose extradition is asked for shall have been convicted of a crime or offence, a copy of the sentence of the Court in which he was convicted, authenticated under its seal, with attestation of the official character of the Judge by the proper executive authority, and of the latter by the Minister or Consul of the respective Contracting Party, shall accompany the requisition. When, however, the fugitive shall have been merely charged with a crime or offence a similarly authenticated and attested copy of the warrant for his arrest in the country where the crime or offence is charged to have been committed, and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid.

Whenever, in the schedule of crimes and offences of Article II, it is provided that surrender shall depend on the fact of the crime or offence charged being punishable by imprisonment or other corporal punishment according to the laws of both Contracting Parties, the Party making the demand for extradition shall furnish, in addition to the documents above stipulated, an authenticated copy of the law of the demanding country defining the crime or offence, and prescribing a penalty therefor.

The formalities being fulfilled, the proper executive authority of the United States of America, or of the United Mexican States, as the case may be, shall then cause the apprehension of the fugitive, in order that he or she may be brought before the proper judicial authority for examination.

If it should then be decided that, according to the law and the evidence, the extradition is due pursuant to the terms of this convention, the fugitive may be given up according to the forms of law prescribed in such cases.

IX. In the cases of crimes or offences committed or charged to have been committed in the frontier States or territories of the two Contracting Parties, requisitions may be made either through their

respective Diplomatic or Consular Agents as aforesaid, or through the chief civil authority of the respective State or territory, or through such chief civil or judicial authority of the districts or countries bordering on the frontier as may for this purpose be duly authorized by the said chief civil authority of the said frontier States or territories; or wben, from any cause, the civil authority of such State or territory shall be suspended, through the chief military officer in command of such State or territory; and such respective competent authority shall thereupon cause the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination; and the record of such examination, with the evidence duly attested, shall be forwarded to the proper executive authority of the United States of America or of the United Mexican States, as the case may be; when it is found by such respective executive authority that, according to the law and the evidence, the extradition is due pursuant to the terms of this Convention, the fugitive may be given up according to the forms of law prescribed in such cases.

X. On being informed, by telegraph or otherwise, through the diplomatic channel, that a warrant has been issued by competent authority for the arrest of a fugitive criminal charged with any of the crimes enumerated in the foregoing Articles of this Treaty, and on being assured from the same source that a requisition for the surrender of such criminal is about to be made accompanied by such warrant and duly authenticated depositions or copies thereof in support of the charge, each Government shall endeavour to procure the provisional arrest of such criminal and to keep him in safe custody for such time as may be practicable, not exceeding forty days, to await the production of the documents upon which the claim for extradition is founded.

XI. In every case of a demand made by either of the two Contracting Parties for the arrest, detention, or extradition of fugitive criminals, in pursuance of the provisions of this Convention, the legal officers or Fiscal Ministry of the country where the proceedings of extradition are bad shall assist the officers of the Government demanding the extradition before the respective Judges and Magistrates, by every legal means within their or its power; aud no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition : provided, however, that any officer or officers of the surrendering Government so giving assistance, who shall in the usual course of their duties be compensated by specific fees for services performed in lieu of salary therefor, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in the

same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

XII. A person surrendered under this Convention shall not be tried or punished in the country to which his or her extradition has been granted, nor given up to a third Power, for a crime or offence not provided for by this Convention and committed previous to his or her extradition, unless the consent of the surrendering Government be given for such trial or such surrender to a third Power.

But such consent shall not be necessary

(a.) When the accused shall bave voluntarily requested to be so tried or surrendered to a third Power

i (6.) When he or she shall have been free to leave the country during thirty days after discharge from custody because of the charge on which he or she was surrendered, or, if convicted thereof, during thirty days after having satisfied his or her penalty or baving been pardoned.

XIII. A person surrendered under this Convention may be tried and punished in the country to which his extradition has been granted, or may be given up to a third Power, for any crime or offence provided for by Article II of this Convention, and committed previous to his extradition, besides that which gave rise to the extradition. Notice of the purpose to so try or surrender him, with specification of the crime or offence charged, shall be given to the Government which surrendered hiin, which may, if it thinks proper, require the production of documentary evidence of the charge couformably to the prescription of Article VIII hereof.

XIV. The expense of the arrest, detention, and transportation of the person claimed shall be paid by the Government in whose name the requisition has been made.

XV. All articles found in the possession of the accused party, and obtained through the commission of the act with which he is charged, or that may be used as evidence of the crime or offence for which his extradition is demanded, shall be seized if the competent authority shall go order, and shall be surrendered with his person.

The rights of third parties to the articles so found shall, nevertheless, be respected.

XVI. A person surrendered to, or delivered up by, either of the Contracting Parties by virtue of a Convention of Extradition with a third Party, and not being a citizen of the country of transit, may be conveyed in transit across the territory of the other, if the convenient course of travel from or to the country to which he has been surrendered sball lie in whole or part within such territory.

The Contracting Party delivering up or receiving such surrendered person shall make application for such purpose to the Government of

the country through which transit is desired, producing in support of such application a duly attested copy of the warrant of surrender issued by the Government granting the extradition; and, thereupon, the proper executive authority of the country whose territory is to be so traversed may issue a warrant permitting the transit of the surrendered person transported. Such transit must be wholly accomplished within thirty days counting from the date of the entrance of such transported person within the territory of the country of transit, after which time said person may be set at liberty if there found.

This Article shall not, however, take effect until the Congress of the respective countries shall by law authorize such transit, and the issue of a warrant therefor.

XVII. Each of the Contracting Parties shall exercise due diligence in procuring the extradition and prosecution of its citizens who

may be charged with the commission of any one of the crimes or offences mentioned in Article II, exclusively committed in its territory against the Government or any of the citizens of the other Contracting Party, when the person accused may have taken refuge or be found within the territory of the latter, provided the said crime or offence is one that is punishable, as such, in the territory of the demanding country.

XVIII. The present Convention shall take effect from the date of the exchange of ratifications; but its provisions shall be applied to all cases of crime or offences enumerated in Article II which may have been committed since the 24th January, 1899.

XIX. This Convention shall continue in effect until six months after a desire for its termination shall have been expressed in due form by one of the two Governments to the other.

It shall be ratified by both Contracting Parties, and its ratificatioris shall be exchanged at the city of Mexico as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the present Convention, both in the English and Spanish languages, and thereunto affixed their seals,

Done in duplicate at the city of Mexico, this 22nd day of February, 1899.

(L.S.) IGNACIO MARISCAL (L.S.) POWELL CLAYTON.

CORRESPONDENCE respecting the Affairs of Samoa (Report

of the Joint Commission).—April-July, 1899.

No. 1.-The Marquess of Salisbury to Mr. Eliot. SIR,

Foreign Office, April 13, 1899. THE events wbich have recently occurred in the Samoan Islands have engaged the serious attention of Her Majesty's Government, and have formed the subject of communications with the Governments of Germany and the United States, the Powers who, with Great Britain, were Parties to the Final Act on the affairs of Samoa, signed at Berlin on the 14th June, 1889.*

Malietoa Laupepa, who had been King of Samoa since 1889, died on the 22nd August last.

He was specially selected for the office by the Plenipotentiaries at Berlin, as explained in the 1st Article of the Final Act, with a view to the prompt restoration of peace and good order in the islands, and in view of the difficulties which would have surrounded an election in the disordered state of the Government which then existed.

As a general principle, however, the Act declared that the three Powers recognized the independence of the Samoan Government, and the free right of the natives to elect their Chief or King, and choose their form of government according to their own laws and customs. Further, by Article 3, section 6, it was provided that in case any question should arise in Samoa, respecting the rightful election of King, or of any other Chief claiming authority over the islands, or respecting the validity of the powers which the King or any Chief might claiin in the exercise of his office, such question should pot lead to war, but should be presented for decision to the Chief Justice of Samoa, who should decide it in writing, conformably to the provisions of the Act, and to the laws and customs of Samoa, not in conflict therewith, and that the Signatory Governments would accept and abide by such decision.

After the death of Malietoa an exchange of views took place between the Powers, and it was agreed that there should be no interference with the right of the Samoans to elect a King, and that the election should proceed strictly in accordance with the provisions of the Final Act.

Some time elapsed before any action was taken, pending the completion of certain ceremonial usages customary in Samoa on the death of a High Chief.

Meanwhile, the natives from the various islands assembled in the neighbourhood of Apia, the capital.

+ Vol. LXXXI, page 1058.

« PreviousContinue »