« AnteriorContinuar »
sent of the Senate thereof, and by the Governments of Germany, the Argentine Republic, Austria, Hungary, Belgium, Brazil, Bulgaria, Denmark, Spain, France, Great Britain, Japan, Mexico, Monaco, Norway, NetherDeposit of lands, Persia, Portugal, Roumania, Russia, Sweden, and Turkey, and the ratifications of the said Governments were, by the provisions of Article 23 of the said convention, deposited by their respective Plenipotentiaries with the German Government;
Right of correspond
And whereas, the said convention has been adhered to by the Governments of Morocco and Zanzibar, by the Government of Austria-Hungary on behalf of Bosnia and Herzegovina, by the Government of Belgium on behalf of the Kongo Colony, by the Government of Great Britain on behalf of the South African Union, by the Government of Japan on behalf of Korea, Formosa, the Japanese part of Saghalin Island and the leased portion of the Kwantung Peninsula, by the Government of the Netherlands on behalf of the Dutch Indies and Curaçao Colony, and by the Government of Portugal on behalf of Angola, Mozambique, Cape Verde Islands, Guinea, St. Thomas and Prince's Islands, Goa, Damao, Diu, Macao, and Timor;
Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said convention and annexes to be made public, to the end the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-fifth day of May in the year of our Lord one thousand [SEAL.] nine hundred and twelve, and of the Independence of the United States of America the one hundred and thirty-sixth.
By the President:
Secretary of State
WM H TAFT
EXTRACT FROM THE INTERNATIONAL TELEGRAPH CONVENTION, SIGNED AT ST. PETERSBURG, JULY 10-22, 1875.
[See Article 17 of the convention.]
The High Contracting Parties concede to all persons the right to correspond by means of the international telegraphs.
They bind themselves to take all the necessary measures for the purpose of insuring the secrecy of the correspondence and its safe transmission.
They declare, nevertheless, that they accept no responsibility as regards the international telegraph service.
Telegrams are classed in three categories:
1. State telegrams: those emanating from the Head of the telegrams. Nation, the Ministers, the Commanders-in-Chief of the Army and State. Naval forces, and the Diplomatic or Consular Agents of the Contracting Governments, as well as the answers to such telegrams. 2. Service telegrams: those which emanate from the Managements of the Telegraph Service of the Contracting States and which relate either to the international telegraph service or to subjects of public interest determined jointly by such Managements.
3. Private telegrams.
In the transmission, the State telegrams shall have precedence over other telegrams.
State telegrams and service telegrams may be issued in secret language, in any communications.
Private telegrams may be exchanged in secret language between two States which admit of this mode of correspondence.
The States which do not admit of private telegrams in secret language upon the expedition or arrival of the same, shall allow them to pass in transit, except in the case of suspension defined in article 8.
Use of secret language.
The High Contracting Parties reserve the right to stop the Stoppage of transmission of any private telegram which may appear danger- private teleous to the safety of the State, or which may be contrary to the laws of the country, to public order or good morals.
Each Government also reserves the right to suspend the inter- Suspension national telegraph service for an indefinite period, if deemed of service. necessary by it, either generally, or only over certain lines and for certain classes of correspondence, of which such Government shall immediately notify all the other Contracting Governments.
Telegrams relating to the international telegraph service of the Contracting States shall be transmitted free of charge over the entire systems of such States.
The High Contracting Parties shall render accounts to one another of the charges collected by each of them.
The High Contracting Parties reserve respectfully the right to Special arenter among themselves into special arrangements of any kind rangements. with regard to points of the service which do not interest the
37 Stat. L.. pt. 2, p. 1616.
Jan. 15, 1909. Convention between the United States and Honduras for the extradition of fugitives from justice. Signed at Washington, January 15, 1909; ratification advised by the Senate, January 20, 1909; ratified by the President, March 1, 1909; ratified by Honduras, May 20, 1912; ratifications exchanged at Washington, July 10, 1912; proclaimed July 10, 1912.
Honduras, extradition. Preamble.
Reciprocal delivery of persons
charged with crimes.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,
Whereas a Convention between the United States of America and the Republic of Honduras, providing for the mutual extradition of fugitives from justice, was concluded and signed by their respective Plenipotentiaries at Washington on the fifteenth day of January, one thousand nine hundred and nine, the original of which Convention, being in the English and Spanish languages, is word for word as follows:
The United States of America and the Republic of Honduras, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Honduras, and have appointed for that purpose the following Plenipotentiaries:
The President of the United States of America, Elihu Root, Secretary of State of the United States; and
The President of the Republic of Honduras, Doctor Luis Lazo A., Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States;
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
It is agreed that the Government of the United States and the Government of Honduras shall, upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged with or may have been convicted of any of the crimes specified in Article II of this Convention committed within the jurisdiction of one of the Contracting Parties while said person was actually within such jurisdiction 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, according to the laws of the place where the fugitive or person so charged shall be found. would justify his apprehension and commitment for trial if the crime or offense had been there committed.
Persons shall be delivered up according to the provi- crimes." sions of this Convention, who shall have been charged with or convicted of any of the following crimes :
1. Murder, comprehending the crimes designated by Murder, etc. the terms of parricide, assassination, manslaughter, when voluntary; poisoning or infanticide.
2. The attempt to commit murder.
Attempt to murder.
3. Rape, abortion, carnal knowledge of children under Rape, etc. the age of twelve years.
6. Willful and unlawful destruction or obstruction of railroads, which endangers human life.
7. Crimes committed at sea:
(a) Piracy, as commonly known and defined by the law of nations, or by statute;
Injuries to railroads, etc.
Crimes committed at sea. Piracy.
(b) Wrongfully sinking or destroying a vessel at sea vessels. or attempting to do so;
(c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel;
(d) Assault on board ships upon the high seas with intent to do bodily harm.
8. Burglary, defined to be the act of breaking into and Burglary. entering the house of another in the nighttime with intent to commit a felony therein.
9. The act of breaking into and entering into the offices Attempt to of the Government and public authorities, or the offices of offices, etc. banks, banking houses, saving banks, trust companies. insurance companies, or other buildings not dwellings with intent to commit a felony therein.
10. Robbery, defined to be the act of feloniously and Robbery. forcibly taking from the person of another, goods or money by violence or by putting him in fear.
11. Forgery or the utterance of forged papers.
of official acts,
12. The forgery or falsification of the official acts of Falsification the Government or public authority, including courts of etc. justice, or the uttering or fraudulent use of the same.
13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by national, state, provincial, territorial, local, or municipal governments, banknotes or other instruments of public credit, counterfeit seals, stamps, dies, and marks of state or public administrations, and the utterance, circulation, or fraudulent use of the above mentioned objects.
Embezzlement by public
14. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public officers. officers or depositaries, where the amount embezzled exceeds two hundred dollars (or Honduran equivalent).
Embezzlement by pri
15. Embezzlement by any person or persons hired, salvate persons. aried, or employed, to the detriment of their employers or principals, when the crime or offense is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars (or Honduran equivalent).
Obtaining money, etc., unlawfully.
Breach of trust.
16. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end.
17. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or
18. Obtaining money, valuable securities or other property by false pretenses or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars (or Honduran equivalent).
19. Perjury or subornation of perjury.
20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director, or officer of any company or corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars (or Honduran equivalent).
21. The extradition is also to take place for participabefore or after tion in any of the aforesaid crimes as an accessory before or after the fact, provided such participation be punishable by imprisonment by the laws of both Contracting Parties.
No surrender for political offenses.
The provisions of this Convention shall not import claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person surrendered by or to either of the Contracting Parties in virtue of this Convention shall be tried or punished for a political crime or offense. When head of State the offense charged comprises the act either of murder
Trial only for offense for which extradited.
or assassination or of poisoning, either consummated or attempted, the fact that the offense was committed or attempted against the life of the sovereign or head of a foreign state or against the life of any member of his family, shall not be deemed sufficient to sustain that such a crime or offense was of a political character, or was an act connected with crimes or offenses of a political character.
No person shall be tried for any crime or offense other than that for which he was surrendered.