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becomes for us South Americans somewhat paternal, and for that very reason incompatible with the sovereignty of each of us, whenever it does not express an explicit agreement, validated by all the countries in whose favor it pretends to operate. By no means does it possess the breadth which it claims nor has it the force of a rule of this continent, since a government, by itself, can not arrogate to itself the right of assuming obligations in relation to foreign peoples whose existence, destiny, and interests, as a consequence of their sovereignty, does not depend upon any other power. The Government of the United States, consequently, is not competent to impose bases of international policy, and much less to institute principles of law capable of coming into force in all America without the accord of all the nations interested. What value then in the diplomatic world can a phrase known by the name of President Monroe have?
If the United States, as the strongest nation on the continent, believe, as a matter of fact, that it would be to the interests of all the American peoples to effectively prevent the intrusions of Europe; if the Government of the United States is sincere, as we believe it is, then let it do with all the American republics what one government may do with another; let it celebrate with us any treaties which it considers would be useful, with the idea of preserving forever interests which it recognizes as peculiar to the nations of America. Thus, if the protest of Monroe were reduced to a diplomatic formula, and consequently to a form having the character of reciprocity, the conceit or protest of Monroe would be that of us all, it would be in its fullness a regulating principle of our common action in given emergencies, and this notwithstanding it would not be incorporated in the law ruling our international relations with the old world; that is to say, to the extent that the great powers of Europe would not recognize it.
But as a North American doctrine, created and interpreted exclusively by the Government at Washington, and by that Government-through its sovereign criterionexclusively applied, what we, nations of South America, should do is not admit any such doctrine and treat it, moreover, as if it did not exist, as the statesmen of the Plata, as a matter of fact, and others principally wish. We ought not to talk any more about that doctrine. Our feelings of delicacy as a nation, our juridic conscience, our perception of our sovereignty repel that doctrine thus disfigured and converted into an easy means for complications; that doctrine in whose circle in this part of the world live so many leaders and so many Chauvinistic patriots.
TREATY AND PROTOCOL BETWEEN THE UNITED STATES AND BRAZIL FOR THE EXTRADITION OF CRIMINALS.
Signed respectively at Rio de Janeiro, May 14, 1897, and May 28, 1898.
Ratified by Brazil, April 14, 1903.
Ratifications exchanged at Rio de Janeiro, April 18, 1903.
Proclaimed, April 30, 1903.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas a treaty between the United States of America and the United States of Brazil providing for the extradition of criminals was concluded and signed by their respective Plenipotentiaries at Rio de Janeiro on the 14th day of May, one thousand eight hundred and ninety-seven, the original of which treaty, being in the English and Portuguese languages is, as amended by the Senate of the United States of America, word for word as follows:
TREATY OF EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF BRAZIL.
The United States of America and the United States of Brazil, desiring to strengthen their friendly relations and to facilitate the adminis
tration of justice by the repression of crimes and offences committed in their respective territories and jurisdictions, have agreed to cele brate a treaty of extradition and have nominated for that purpose the following plenipotentiaries:
The President of the United States of America, Mr. Thomas L. Thompson, Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of Brazil;
and the President of the United States of Brazil, General Dionisio Evangelista de Castro Cerqueira, Minister of State for Foreign Relations;
who having made known their respective full powers, which have been found in good form, agree upon the following articles:
The Government of the United States of America and the Government of the United States of Brazil mutually agree to deliver up the persons who, having been charged or convicted, as the authors of or accomplices in any of the crimes enumerated in the following article, committed in the jurisdiction of one of the contracting parties, seeks an asylum or be found within the territories of the other; provided, this shall only take place after such evidence of criminality as, according to the laws of the place where the person or fugitive so charged shall be found, would justify his or her apprehension and commitment for trial, if the crime had there been committed.
Extradition shall be granted for the following crimes and offences: 1. Voluntary homicide, when such act is punishable in the United States of America, comprehending the crimes of poisoning and infanticide; murder; manslaughter.
3. Rape and other offences against chastity committed with violence. 4. Bigamy.
5. Abduction, willfully and wrongfully depriving any person of natural liberty.
6. Kidnapping or child stealing.
8. Piracy, by statute or by the law of nations when the state in which the offender is found has no jurisdiction; revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the master; to willfully and wrongfully cause shipwreck; to wrongfully and willfully collide with a vessel; to wrongfully and willfully scuttle a vessel for the purpose of sinking it; to wrongfully and willfully destroy a vessel on the high seas.
9. Wrongful and willful destruction or obstruction of railroads which endangers human life.
10. Counterfeiting, falsifying or altering money of any kind, or of legally authorized bank notes which circulate as money; to utter or to give circulation to any such counterfeited, falsified or altered money; the falsification of instruments of debt created by national, state or municipal governments, or of the coupons thereof; counterfeiting, falsifying or altering seals of the federal or state governments; to knowingly use any such instruments or papers.
11. Forgery, the utterance of forged papers; forgery or falsification of official acts of government, of public authorities, or of courts of justice, of public or private instruments; the use or the utterance of the thing forged or falsified.
12. Perjury, or to bear false witness; to suborn or bribe a witness. 13. Fraud committed by a depositor, banker, agent, broker, treasurer, director, member or employe of any company or corporation. 14. Embezzlement, consisting in the misappropriation or theft of public moneys, committed in the jurisdiction of one of the contracting parties, by a public officer or depositary.
15. Embezzlement, or theft of moneys, committed by persons salaried or employed, to the detriment of those who employ them.
16. Burglary, defined to be the act of entering during the night, by breaking or climbing, the dwelling-house of another, with intent to commit a felony; robbery, defined to be the act of feloniously and forcibly taking from another money or goods of any value, by violence, or putting in fear, and known in the Brazilian Penal Code as roubo.
17. Complicity in or attempts at the commission of any of the crimes specified in the preceding sections, provided that such complicity or attempt be punishable by the laws of the country from whence the extradition is demanded.
Extradition shall not be granted if the offence on which the surrender is demanded be of a political character, or if the fugitive prove that there is an intention to try or punish him for a political crime; nor if the circumstances on which extradition is demanded are connected with political crimes.
The Government from which extradition is demanded will examine the circumstances, to ascertain whether the crime be of a political character, and its decision shall be definite.
The following shall not be considered political crimes when they are unconnected with political movements, and are such as constitute murder or willful and illegal homicide, as provided for in section 1 of the preceding article:
1. An attempt against the life of the President of the United States of America, or against the life of the Governor of any of the States; an attempt against the life of the President of the United States of Brazil, or against the life of the President or Governor of any of the States thereof;
2. An attempt against the life of the Vice-President of the United States of America, or against the life of the Lieutenant-Governor of any of the States; an attempt against the life of the Vice-President of the United States of Brazil, or against the life of the Vice President or Vice Governor of any of the States thereof.
The person surrendered cannot be tried nor punished in the country which has obtained the extradition, nor be surrendered to a third country, for trial or punishment therein, for any crime or offence not mentioned in this treaty, nor for one committed previous to extradition, other than the crime or offence for which he was extradited,
unless such person has been in either case at liberty to leave the country which has obtained the extradition for a month subsequent to trial therein.
Furthermore, such person shall not be tried nor punished for an offence or crime mentioned in this treaty committed previous to the extradition, other than the offence or crime for which he was extradited, without the consent of the Government which has surrendered such person, and the said Government shall be able to demand an exhibition of any of the documents mentioned in Article X of the present treaty.
In like manner the consent of the said Government shall be solicited if the extradition of the offender is requested by a third Government; although this shall not be necessary when the offender voluntarily requests trial or consents to punishment; or if he fails to leave the territory of the country to which he has been surrendered within the period above fixed.
The contracting parties shall in no case be obliged to surrender their own citizens in virtue of the stipulations of the present treaty.
If the person shall be in course of trial, or shall have been convicted of an offence other than that for which the surrender is demanded, extradition shall only take place after the trial shall have been concluded and the sentence fullfilled.
When the person demanded by one of the contracting parties is also demanded by one or more powers on account of crimes and offences committed within their respective jurisdictions, extradition shall be conceded to the one whose request is first received, unless the Government to which the request is made has before agreed by treaty in case of the concurrence of requests to give preference to the country of the person's origin, to the gravity of the crime, or to the request which is of oldest date; in whichsoever of these cases the usual rule shall be followed.
Extradition shall be refused when the action or sentence for which the offender is demanded shall have been extinguished by prescription, according to the law of the country to which the request is made, or when such person shall have been already tried and sentenced for the same crime.
All articles found in the possession of the person accused and obtained through the commission of the act with which such person is charged, and may be used as evidence of the crime for which such person is demanded, shall be seized and surrendered with the person. Nevertheless, the rights of third persons to the articles so found shall be respected.
Requisitions for the surrender of fugitives from justice accused or convicted of any of the crimes or offences hereinbefore mentioned shall be made by the diplomatic agent of the demanding Government. In case of the absence of such agent either from the country or from the seat of Government such requisition shall be made by a superior consular officer.
When the person whose surrender is requested shall have already been convicted of the crime or offence for which his extradition is demanded, the demand therefor shall be accompanied by a copy of the judgment of the court or tribunal which has pronounced it, duly signed by the judge of the court or president of the tribunal; and the signature of the judge of the court or president of the tribunal shall be authenticated by the proper executive officer, whose official character shall in turn be attested by the diplomatic agent or a superior consular officer of the Government on which the demand is made.
When the person whose surrender is asked is merely charged with the commission of any of the crimes mentioned in the present treaty, the application for extradition shall be accompanied by an authenticated copy of the warrant of arrest issued against such person by the officer duly authorized to do so; and likewise by an authenticated copy of the depositions or declarations made before such officer and setting forth the acts with which the fugitive is charged.
The extradition of fugitives under the provisions of the present treaty shall be carried out in conformity with the laws and practice for the time being in force in the state on which the demand is made, without, however, denying recourse to the writ of habeas-corpus.
When the arrest and detention of a person are desired on telegraphic or other information in advance of the presentation of the formal proofs provided for in the preceding article of the present treaty, the following practice shall be observed: In the United States of America application shall be made by the diplomatic agent of Brazil, or in his absence by a superior consular officer, to the Secretary of State, for a certificate stating that request has been made by the Government of the United States of Brazil for the provisional arrest of a person convicted or accused of the commission within the jurisdiction thereof, of a crime or offence extraditable under the terms of the present treaty, which, upon presentation to any competent judicial officer and upon complaint duly made that such a crime or offence has been so committed, it shall be lawful for such judicial officer to issue a warrant for the apprehension of such person; And in the United States of Brazil upon request of the Government of the United States of America, duly made through its diplomatic agent, or in his absence by a superior consular officer to the Minister for Foreign Relations; the provisional arrest shall be made of any person convicted or accused of the commission of a crime or offence extraditable under this treaty.
But if the formal requisition for surrender with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or in his absence by a superior consular officer, within sixty days from the date of the arrest of the fugitive, the prisoner shall be discharged from custody.