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MEXICO, 1861.

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF MEXICO FOR THE EXTRADITION OF CRIMINALS. CONCLUDED AT MEXICO DECEMBER 11, 1861; RATIFICATIONS EXCHANGED AT MEXICO, MAY 20, 1862; PROCLAIMED JUNE 20, 1862.

Treaty between the United States of America and the United Mexican States, for the Extradition of Criminals.

The United States of America and the United Mexican States, having judged it expedient, with a view to the better administration of justice and to the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a treaty for this purpose, and have named as their respective Plenipotentiaries, that is to say:

The President of the United States of America has appointed Thomas Corwin, a citizen of the United States, and their Envoy Extraordinary and Minister Plenipotentiary near the Mexi- TMi»*<»*'»««can Government; and the President of the United Mexican States has appointed Sebastian Lerdo de Tejada, a citizen of the said States, and a Deputy of the Congress of the Union;

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:

Article I.

It is agreed that the contracting parties shall, on requisitions made iu their name, through the medium of their respective

3' t , • • • i i- Poffoni accused ol

diplomatic agents, deliver up to justice persons who, being crim~.comaccused of the crimes enumerated in article third of the Kiuftp on represent treaty, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found What vmo{ r_ within the territories of the other: Provided, That this "°ire4 shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country iu which the fugitive or the person so accused shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed.

Article II.

In the case of crimes committed in the frontier States or Territories of the two contracting parties, requisitions may be made Crime(mmiiwj through their respective diplomatic agents, or throug[h] the ^V.'^rnit'oo,"" chief civil authority of said States or Territories, or mitt. through such chief civil or judicial authority of the districts or counties 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 when, 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.

Article III.

Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the following

Crimen for which 1 , , . K 1? .. °

jti,v«.rj i. to b« crimes, whether as principals, accesones, or accomplice;:, to wit: Murder, (including assassination, parricide, infanticide, and poisoning;) assault with intent to commit murder; mutilation; piracy; arson; rape; kidnapping, defining the same to be the taking and carrying away of a free person by force or deception; forgery, including the forging or making, or knowingly passing or putting in circulation counterfeit coin or bank notes, or other paper current as money, with intent to defraud any person or persons; the introduction or making of instruments for the fabrication of counterfeit coin or bauk notes, or other paper current as money; embezzlement of public moneys: robbery, defining the same to be the felonious and forcible taking from the person of another of goods or money to any value, by violence or putting him in fear; burglary, defining the same to be breakiug and entering into the house of another with intent to commit felony; and the crime of larceny of cattle, or other goods and chattels, of the value of twenty-five dollars or more, when the same is committed within the frontier States or Territories of the contracting parties.

Article IV.

On the part of each country the surrender of fugitives from justice shall be made only by the authority of the Executive thereof. mJt7m\'lr eiecn. except in the case of crimes committed within the limits t.Te,exMpt, ot> ^e frontier States or Territories, in which latter case the surrender may be made by the chief civil authority thereof, or such chief civil or judicial authority of the districts or counties 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 if, from any cause, the civil authority of such State or Territory shall be suspended, then such surrender may be made by the chief military officer in command of such State or Territory.

Article V.

All expenses whatever of detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed by the tion*"»?T" °.-i.r!.r?" Government or authority of the frontier State or Territory <>» to h.boTM.. wjj0ge uauie the. requisition shall have been made.

Article VI.

The provisions of the present treaty shall not be applied in any man roi.tini oirencc. ner to any crime or offence of a purely political character, not included. nor shall it embrace the return pf fugitive slaves, nor the motive .i«v«.. delivery of criminals who, when the offence was committed, shall have been held in the place where the offence was committed in the condition of slaves, the same being expressly forbidden by the Constitution of Mexico; nor shall the provisions of the present treaty be applied in any manner to the crime* enumerated in the third article committed anterior to the date of the exchange of the ratifications hereof, car*TM not to bo Neither of the contracting parties shall be bound to <Ie liver up its own citizens under the stipulations of this treaty

Treaty, how long

to continue.

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Article VII.

This treaty shall continue in force until it shall be abrogated by the contracting parties, or one of them; but it shall not be abrogated except by mutual consent, unless the party desiring to abrogate it shall give twelve months' previous notice.

Article VIII.

The present treaty shall be ratified in conformity with the Constitu tious of the two countries, and the ratifications shall be ex- i,„ifilio„.. wh,„ changed at the city of Mexico within six months from the lob«e,"h»>'«''Jdate hereof, or earlier if possible.

In witness whereof we, the Plenipotentiaries of the United States ot America and of the United Mexican States, have signed and sealed these presents.

Done in the city of Mexico on the eleventh day of December, in the year of our Lord one thousand eight hundred and sixty-one, the eighty-sixth of the Independence of the United States of America, and the forty-first of that of the United Mexican States.

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MEXICO, 1SG8.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF MEXICO FOR THE ADJUSTMENT OF CLAIMS. CONCLUDED JULY 4, 1808; RATIFICATIONS EXCHANGED FEBRUARY 1, 1869; PROCLAIMED FEBRUARY 1, 1869.

\Yhereas it is desirable to maintain and increase the friendly feelings between the United States and the Mexican Republic, and so to strengthen the system and principles of republican government on the xVtnerican continent; and whereas since the signature of the treaty of Guadalupe Hidalgo, of the 2d of February, 1848, claims and complaints have been made by citizens of the United States, on'account of injuries to their persons and their property by authorities of that republic, and similar claims and complaints have been made on account of injuries to the persons and property of Mexican citizens by authorities of the United States, the President of the United States of America and the President of the Mexican Republic have resolved to con- on,:,"u"'"t,e■■ elude a convention for the adjustment of the said claims and complaints, and ha ve named as their Plenipotentiaries, the President of the United ■States, William n. Seward, Secretary of State; and the President of the Mexican Republic, Matias Romero, accredited as Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic to the United States; who, after having communicated to each other their respective full powers, found in good and due form, have agreed to the following articles:

Article I.

All claims on the part of corporations, companies, or private individuals, citizens of the United States, upon the Government of CUim, ,ipon ^ the Mexican Republic, arising from injuries to their persons Sdilw thi%"<,m.' or property by authorities of the Mexican Republic, and all •»•■"<<*""■

claims on the part of corporations, companies, or private individuals, citizens of the Mexican Republic, upon the Government of the United States, arising from injuries to their persons or property by authorities of the United States, which may have been presented to either Government for its interposition with the other since the signature of the treaty of Guadalupe Hidalgo between the United States and the Mexican Republic of the 2d of February, 1848, and which yet remain unsettled, as well as any other such claims which may be presented within the time hereinafter specified, shall be referred to two commissioners, one to be appointed by the President of the United States, by and with the advice and consent of the Senate, and one by the President of the Mexican Rerr.,vi.,on ror the public. In case of the death, absence, or incapacity of either af'\-;u',er"comn£: commissioner, or in the event of either commissioner omit ting or ceasing to act as such, the President of the United States or the President of the Mexican Eepublic, respectively, shall forthwith name another person to act as commissioner in the place or stead of the commissioner originally named.

The commissioners so named shall meet at Washington raeTM/n\\'°i.m8t'n within six months after the exchange of the ratifications of

within nix months. . i • , ■ _a i 11 i *■

this convention, and shall, before proceeding to business, To .uhi^rib. . make and subscribe a solemn declaration that they will im-i!,"h° .hSM""". partially and carefully examine and decide, to the best of ured<,rrecord their judgment, and according to public law, justice, and equity, without fear, favor, or affection to their own country, upon all such claims above specified as shall be laid before them on the part of the Governments of the United States and of the Mexican Republic, respectively; and such declaration shall be entered on the record of their proceedings.

The commissioners shall then name some third person to act as an commiwioneri 10 umpire in any case or cases on which they may themselves °»mc°u um""- differ in opiuiou. If they should not be able to agree upon ir th»r c.„.«i the name of such third person, they shall each name a per sou, and in each and every case in which the commissiouers

be derided by lot in any can- which of two shall net M

pin.mth.iMM. gQ named shall be umpire in that particular case. The per son or persous so to be chosen to be umpire shall, before proceeding to act as such in any case, make and subscribe a solemn dec scribe i solemn doc- laration in a form similar to that which shall already have been made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of such person or persons, or of his or their ir um 1TM deciiM. om'^'I1& OI declining, or ceasing to actus such umpire, to anoS another and different person shall be named, as aforesaid, to act as such umpire, in the place of the person so originally named, as aforesaid, and shall make and subscribe such declaration as aforesaid.

Article II.

The commissioners shall then conjointly proceed to the investigation comn,,»ioDer, w and decision of the claims which shall be presented to their E»r"e^nd°d'c°cvrde notice, in such order and in such manner as they may conc1"""' jointly think proper, but upon such evidence or^forina^ftioii

nod.of rocedi om^ as 8Da^ be furnished by or on behalf of their^es] /Jdiw o .o p 1W g0vernmentSi They shall be bound to receive aiu^ffpf^ all written documents or statements which may be presented .»to*e~

'jpon an irli frhnll name

"r'" *°'' it,h"" may differ in opinion as to the decision which they ought to o,.-huhofth„ give, it shall be determined by lot which of the two persoHS by or on behalf of their respective governments in support of, or in auswer to any claim, and to hear, if required, one person on each side on behalf of each government on each and every separate claim. Should they fail to agree in opinion upon any individual claim, Up,„ire,0b.a.iw they shall call to their assistance the umpire whom they '"■ "• *cmay have agreed to name, or who may be determined by lot, as the case may be; and such umpire, after having examined the evidence adduced for and against the claim, and after having heard, if required, one person qn each side as aforesaid, and consulted with the commissioners, shall decide thereupon finally and without appeal. The decision of the commissioners and of the umpire shall be given upon Deci,i0„, w be eaeh claim in writing, shall designate whether any sum e,Ye°""""'■* which may be allowed shall be payable in gold or in the currency of the United States, and shall be signed by tbem respectively. It Ech Go*en>m«i>t shall be competent for each government to name one person to attend the commissioners as agent on its behalf, to present and support claims on its behalf, and to answer claims made upon it, and to represent it generally in all matters connected with the investigation and decision thereof.

The President of the United States of America and the President of the Mexican Republic hereby solemuly and sincerely engage to be

to consider the decision of the commissioners conjointly, or °b^';°iffi°£ %l of the umpire, as the case may be, as absolutely final and ■inconclusive upon each claim decided upon by them or him, 1 respectively, and to give full effect to such decisions without any objection, evasion, or delay whatsoever.

It is agreed that no claim arising out of a transaction of No ctaito be a date prior to the 2d of February, 1848, shall be admissible JSJt^r^m under this convention. priottoreb.a.ime.

Article III.

Every claim shall be presented to the commissioners within eight months from the day of their first meeting, unless in any c,.^, „, be pre. case where reasons for delay shall be established to the sat- TMX oV^i'r" isfactiouof the commissioners, or of the umpire in the event i'X,,*Zl of the commissioners differing in opinion thereupon, and then

,. . ., .-l i. i- ii i. Time not to be el

and in any such case the period lor presenting the claim traded ror over three

may be extended to any time not exceeding three months """" *

longer. ,

The commissioners shall be bound to examine and decide upon every

claim within two years and six mouths from the day of their Cnmmiincr» t0

first meeting. It shall be competent for the commissioners Jp;;i*wX! »5S

conjointly, or for the umpire if they differ, to decide in each

case whether any claim has or has not been duly made, preferred, and laid

before them, either wholly or to any and what extent, accordiug to the

true intent and meaning of this convention.

Article IV.

"When decisions shall have been made by the commissioners and the arbiter in every case which shall have been laid before them, _ the total amount awarded in all the cases decided in favor ofth"."Tt",",'""nT of the citizens of the one party shall be deducted from the S""!-"'" thot."^ total amount awarded to the citizens of the other party, o"thV;,,h.?co'u»S! and the balance, to the amount of three hundred thousand Vm'o'u„T Z

. dollars, shall be paid at the city of Mexico or at the city of in twelve months.

.^Washington, in gold or its equivalent, within twelve months &c"

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