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Considering that, in regard to the ninth exception relating to reciprocity, the requisites of our laws have been fulfilled, the ambassador, in the name of his Government has, in his notes of October 20 and November 16 last, in addition to the promises expressed in article 4 of the said law, made the special promise of strict reciprocity established by article 32, section 1, not in general terms relating to all classes of crimes, but restricted to analogous cases, according to the practice generally accepted (Repertoire du Droit Francais, under the word "Extradition," No. 73); that the ambassador of the United States of America, accredited in due form, as he is, to our Government, is fully empowered to represent his country and, therefore, does not need special powers to make promises of reciprocity and, these having been made by him, our Government should accept them without any hesitation and without any investigation as to whether the Government from which they emanate is vested by its laws with the power to make them, since it holds the responsibility of the said Government as a secure pledge for their exact fulfillment.
Considering that the evidence presented to this department warrants strong presumption of the guilt of the accused, in accordance with article 16, section 1 of the law, and that, on the other hand, all other requisites of the said law have been fulfilled. Therefore, upon the basis of what has been set forth, the President of the Republic has been pleased to order the following:
1. The extradition of Charles Kratz, demanded by the Government of the United States, for the crime of bribery, committed by him in his character as a member of the municipal council of St. Louis, Mo., ought to be and is granted.
II. Let it be communicated to the district judge of the State of Jalisco, in order that he may order that the notification prescribed by article 37, section 1 of the law of May 19, 1897, be made to the accused and in order that, if necessary, he may order the delivery of the said accused to the agents designated by the Government of the United States.
III. Let it also be communicated to the ambassador of the United States and to the governor of the State of Jalisco for proper action.
IV. Let this record be placed in the archives and let this order be published in the "Boletin Oficial" of the department.
DONATION OF A COURT-HOUSE AND LIBRARY FOR THE PERMANENT COURT OF ARBITRATION.
Mr. Garrett to Mr. Hay.
LEGATION OF THE UNITED STATES,
The Hague, November 24, 1903.
SIR: I have the honor to inclose herewith copy of a "deed to create a 'Stichting' for the purpose of erecting and maintaining at The Hague a court-house and library for the permanent court of arbitration," signed by Mr. Andrew Carnegie and Baron Gevers, at Skibo, on October 7, 1903.
It will be seen that Mr. Carnegie, in furnishing a sum of $1,500,000 for the above purpose, which sum was placed at the disposal of the Netherlands Government on May 11, 1903, stipulated that if at any time the purpose for which the "Stichting" was founded should fail, the assets of the "Stichting" should be employed for promoting the cause of international peace and concord in such a manner as should be determined jointly by the President of the United States and the sovereign of the Netherlands, to which Baron Gevers, on his Government's behalf, agreed.
The Netherlands Government further agreed to see to the appointment of a board of directors under proper control and draw up the rules according to which the "Stichting" shall be governed, so as to insure in perpetuity its maintenance and efficiency. The words "maintaining" and "maintenance" are not to be construed as relieving the signatory powers to the treaty of July 29, 1899, from the financial obligations incurred and so far discharged in connection with the permanent court of arbitration.
A deed to create a "Stichting" (foundation or trust under the Netherland law) for the purpose of erecting and maintaining at The Hague (Kingdom of the Netherlands) a courthouse and library for the permanent court of arbitration, established by the treaty of the 29th of July, 1899.
Believing that the establishment of a permanent court of arbitration by the treaty of the 29th of July, 1899, is the most important step forward of a worldwide humanitarian character which has ever been taken by the joint powers, as it must ultimately banish war, and further, being of opinion that the cause of the peace conference will greatly benefit by the erection of a court-house and library for the permanent court of arbitration,
I, Andrew Carnegie, of the city of New York, am willing to furnish a sum of one and one-half million dollars for the said purpose, which sum has been placed at the disposal of the Netherland Government.
Understanding that it would be desirable to give a permanent character to my intention, and that it will be necessary, for that purpose, to create with the said sum a "Stichting" (foundation or trust under the Netherland law),
I, Andrew Carnegie, have declared and declare hereby: To create with the sum of one and one-half million dollars mentioned above and named by me in my letter to Baron Gevers, dated 22d of April, 1903, a "Stichting" (foundation or trust under the Netherland law) for the purpose of building, establishing, and maintaining in perpetuity at The Hague a court-house and library (temple of peace) for the permanent court of arbitration established by the treaty of July 29, 1899.
The seat of the "Stichting" is at The Hague.
In accordance herewith I renounce irrevocably, for ever, for myself and my heirs, the sum aforesaid, destined for the erection, establishment, and maintenance of the court-house and library for the permanent court of arbitration.
The Netherland Government, according to agreement, will see to the appointment of a board of directors under proper control, and draw up the rules according to which the "Stichting" shall be governed, so as to ensure in perpetuity its maintenance and efficiency. The words maintaining, maintenance, in this agreement are not to be construed as relieving the signatory powers to the treaty of July 29, 1899, from the financial obligations incurred and so far discharged in connection with the permanent court of arbitration.
If at any time the purpose for which the "Stichting" was founded should fail, the assets of the "Stichting" shall be employed for promoting the cause of international peace and concord in such a manner as shall be determined jointly by the sovereign of the Netherlands and the President of the United States.
Signed in Skibo the 7th of October, 1903, in presence of His Excellency W. A. F. Baron Gevers, Envoy Extraordinary of H. M. the Queen of the Netherlands to the United States.
W. A. F. Baron GEVERS.
ABOLITION OF TRIAL BY JURY IN COSTA RICA.
Mr. Merry to Mr. Hay.
LEGATION OF THE UNITED STATES,
SIR: It may be of interest to the Department of State to know that the Congress of Costa Rica, after full and free discussion, has abolished the jury system. In conversation with well-informed citizens of the Republic it appears that the system has so frequently resulted in the perversion of justice that the demand for a change had become almost unanimous. It is freely admitted that trial by jury is generally considered as evidence of a free government, but unless intelligent as well as honest jurors can be obtained a miscarriage of justice generally results. One intelligent official remarked to me that the Latin race lacks the qualities essential for jury duty. Considerations of family, political interest, race and personal prejudice are paramount, and Latin Americans appear too often unable to consider any question on the broad principle of abstract justice.
Outside of the few cities in the Republic it has been found impossible to obtain competent juries. One gentleman represented to me that he hoped to see trial by jury reinstated in Costa Rica, but that this can not be done until the working classes are better educated; the present generation must give place to that now attending the primary schools of the Republic.
ESTABLISHMENT OF RELATIONS WITH THE REPUBLIC OF PANAMA.
[For further correspondence relative to establishment of the Republic of Panama see under Colombia.]
Messrs. Arango, Boyd, and Arias to the Secretary of State.
PANAMA, November 4, 1903.
We take the liberty of bringing to the knowledge of your Government that on yesterday afternoon, in consequence of a popular and spontaneous movement of the people of this city, the independence of the Isthmus was proclaimed, and, the Republic of Panama being instituted, its provisional government organizes an (executive) board consisting of ourselves, who are assured of the military strength necessary to carry out our determination.
José A. ARANGO.
Messrs. Arango, Arias, and Boyd to Mr. Hay.
PANAMA, November 6, 1903.
Colon and all the towns of the Isthmus have adhered to the declaration of independence proclaimed in this city. The authority of the Republic of Panama is obeyed throughout its territory.
Mr. Loomis to Mr. Buchanan.
DEPARTMENT OF STATE, Washington, December 12, 1903. SIR: The President, desiring to send a special mission to the Republic of Panama, has selected you for the purpose as envoy extraordinary and minister plenipotentiary on special mission.
I'inclose herewith your commission and a letter of credence with office copy. You will forward the office copy to the minister for foreign affairs and will ask for an audience with the members of the
FR 1903- -44