65
I'VBLtSIIKD KVEKY FRIDAY, BY
COLL. Y.ISCLEVE,
IN
REGISTER BUILDINGS,
Corner ferrjt first Street.
TEK
MS IN ADVANCE.
Out
copy
ii'u' year.
t2 50
150
OIK"
co'iv
t., .-Iiilw .,i 1 wi n tv. cull copy w
Single copies I'-" cents.
IKIDAY, OCTOBER '23. Is74.
JPOSB WHCS RE4.1STEK.
mails akuivk:
Krom Railroad (north and south) daily
at ll.io i m.
Kmm I'orvnllK doily, at 10.30 A. M.
From Lebanon, tri-weekly, (Monday,
We incsday and Friday at lo.:tt) a. m.
'1 vii.s depakt :
For Railroad north and crat.), daily,
close prompt at 11.18a. m.
For Cor vail Is, daily, al 1JS0 I. M.
For Let-anon, tri-weekly, Monday, Wed
nesday and Friday) :u - r. x.
Office hour- from 7 a. m. to T p. M.
Sunday, from 12 m. to 2 p. m.
Money order office hoars from 9 A. m . to
6 i. m. ' P. II. RAYMOND, P. M.
LAWS
-Continued from 1st page.
Con
n bettreen the United State
'I''! Iti 'ijhnn Extradition.
of . ltH')ie
Concluded
March K, 1S74. Ratification
adviseil bv Senate Muren 2i. uni
fied bv President March si, 1S71. Itatttied
by Ki'na' t the Belgians April 30, 1871.
Rat ideations exchanged at Brussels April
30, 1S74 Proclaimed May 1, 1ST4.
BY THE PRKSITIKXT OF THE UMTKD
ST TK- K AMERICA - A PROCLAM V
TION. Whereas a convention between the
1'nitc 1 State of America ami His Majesty
the King of the Belgians was concluded
and sinned by their respective Plciiinolen
tiaries at Washington on the 19th day ot
March lal, which convention, l-cing in
the Knglish and French languages, is word
for word as follows :
The United states of America and His
Majesty the Kins of the Belgians, having
judged it expedient, with a view to the
better administration of justice, and to
the prevention of crimes within their re
spective territories and jurisdiction, that
persons eon vict ed of or charged with the
rimes hereinafter specified, and lieing
fugitives from just ii-e, should, under cer
tain circumstances, lie reciprocally deliv
ered up, have resolved to conclude a Con
vention for Hint purpose, and have np
pointed as their Pleninotentiaries: the
President of the United Statesof America.
Hamilton Fish. Secretnrv of State of the
United States: and His Majesty the Kins
of The Belgians. Maurice Didfosse, His
M:ije-iy"s Envoy Extraordinary and Min
ister rie;ni-otetT -arv m the I nited state.-:
who.
1 commun ication of
their fit:
form, hr
tick-s, tf
1 in goo 1 anil doe
i the following ar-
The Governrncn t of the United Spates
and the Government of Belgium mutually
agree to dc.iver up persons who. having
lieen convicted of or charged with any of
the crimes specified in the following arti
cle, committed within the jurisdiction of
one of the contracting parties, shall seek
an asylum, or lie found within the territo
ries of the other : Provide I that this shall
onlv be done upon such evidence of crim
inalitv a. according to the laws of the
place where the fugitive or person so
charged shall Ik-found, would Jnstify his
or her apprehension and commitment for
trialif the crime had been there commit
ted. Artici.k II.
Persons shall be delivered up who shall
have lieen convict e-l of or lie charged, ac
cording to the provisions of this conven
tion, with any of toe following c. imes:
1. Minder, comprehending the crimes
designated in the Belgian penal code by
the terms of parricide, assassination, pois
oning, and infanticide.
2. The attempt to commit murder.
3. The . rimes of nip -, arson piracy, and
mutiny on board a shin, whenever the
crew, or port thereof, by fraud or violence
against the commander, have taken pos
session of the vessel.
4. Tho crime of burglary, defined to lie
the act of breaking and entering by night
into the house of another with the intent
to commit felon v: and the crime of rob
bery, defined to be the act of feloniously
ami forcibly taking from the person of an
other goods or money by violence or put
ting him in fear; and the corresponding
crimes) punished by the Belgian laws un
der the description of thefts committed in
an Inhabited boose by night. ami by break
ing in by climbing of forcibly: and thefts
committed with violence or by means of
theft.
5. The crime of forgery, by which is
understood the utterance of forged papers,
and also the counterfeiting ot public, sov
ereign, or government acts.
6. Thn fabricat ion or circulation of
roun forfeit money, either coin or paper,
or of counterfeit public bonds, bank notes,
obligations, or. in general anything being
a title or instrument of credit; the coun
terfeiting of seals, dies, stamps, and marks
of strife and public administrations, and
the utterance thereof.
7. The embeaztement of public moneys
committed within the jurisdiction of eith
er party by public officers or depositaries.
8. Embezzlement by any person or per
sons, hired or salaried, to the detriment of
their employers, when the crime is subject
to punishment by the laws of the place
where it was committed.
AliTICLK HI.
The provisions of this treaty shall not
app y to any crime or otfence of a political
charaet er. nor to any crime or offence com
mitted p ior to the date of this treaty, ex
cept the crimes of murder and arson ; and
the person or persons delivered np for the
crimes enumerated in the preceding arti
cle shall in no case tx tried for any crime
committed previously to that for which
bis or their surrender is asked.
Ai'.TIf Li: IV.
Xeithej of the contracting parties shall
be bound to deliver up its own citizens or
subjects under the stipulations of this con
verttion. Article V.
If t he person whose surrender may be
claimed pursuant to thcstipulat ions of the
present treaty shall have been arrested for
the commission of offences in the country
where he has sought an asylum, or shall
have been convicted thereof, his extradi
tion may lie deferred until he shall' have
been acquitted, or nave served the term
of imprisonment to which lie may have
been sentenced.
Article VI.
Requisitions for the surrender of fugi
tives from justice shall lie made by the
respective diplomatic agents of the con
tracting parties, or, in the event of the
absence of these from the ountrv or its
seat of government, they may be made by
superior consular officers.
If the person w hose fxtradition may be
asked for shall have been convicted ef a
crime, a copy of the sentence of the court
in which he may have been convicted, au
thenticated under its seal, and an attesta
tion of the official character of the judge
by the proner executive authority, and of
t(!" 1 u ter by the minister or consul of the
United States or of Belgium, respectively,
ball accompany the requisition. When,
however, the fugitive shall iave lieen
merely charged with crime, a duly authen
ticated cop.v f th-; variant for his arrest
in the efcntry where the crime may have
been committed, an 1 of the depositions
upon which such warrant may have been
issued, must accompany the requisition
as aforesaid. The Piesi ie.nl of the United
States, or the proper executive authority
in lteigium. may men hhh a warrant ior
the apprehension of the fugitive, in order
that he may be brought before the proper
judicial authority for examination. If it
should then lie decided that, according to
the law and the evidence, the extradition
is due pursuant to the treaty, the fugitive
may lie given up according to the forms
prescribed in such coses.
ARTICLE VII.
The expenses of the arrest, detention,
and transportation of the persons claimed
shall be paid by the government in whose
name the requisition has been made.
Article VHI.
This convention shall take effect twenty
days after the day of the date of the ex
change of ratifications and shall continue
in force during five years from the day of
such exchange; hut if neither party shall
have given to the other six months' pre
vious notice of its intention to terminate
the same, the convention shall remain in
force five years longer, and so on.
The present convention shall be ratlnea,
and the ratiftcations exchanged, at Brus
sels so soon thereafter as possible.
t witness whereof the n-stiectivo nleni-
ipotentiaries have signed the present con
vention In duplicate, and have thereunto
"'L'nrv of Washington, the 19th
day of March, anno Domini one thousand
t , . , 1 ,1 n,.l S-.l.'-lIl t, -fi.il V
em. , Hamilton Fish.
Maurice Delfosse.
And whereas the said convention has
i.iiv NtlAMl on btrth narts. and the
respective ratiftcations of the some were
".'wnl at Brussels on the 30th day of
April. 1874, by the Plenipotentiaries of the
ZS...X,Z.. iv, it. known that I.
itfVsoOEASt. President of the United
states of America, have caused the aaii
nveionToDemaclepaldic, to the end
That the tear, and every clause and part
t hereof, may be observe'! anil fulfilled with
good faith by the United States and the
citizens thereof.
In witness whereof I have hereunto set
my hand and ertused the. seal of the United
Slates to le affixed.
Done at the city of Washington this first
day ot May. in the year of our Lord one
thousand eight hundred and seventy-four
and ot the Independence of the United
states of America the ninety-eighth.
By t he President : c &. 1RAJ5T.
IIjimiltox Fi.-ii, H-xretary of Siate.
W AstllxfiTON, 1). (:., I.ec. 10, 173.
Honorable Boscoe Conkting and Honor
able Benjamin F. Butler, Chairmen, and
the Memlwrs of the Committee of the
Senate and House of Itcpresentatives on
the Revision of the Laws:
' jKSTLEMEN: The act of March .1, 1S73,
I. th Statutes at Large, pages ,-.7! anil 580,
authorized yon to accept, on the part of
Congress, the draught on revision of the
laws ot the United State prepared by the
commissioners to revise the statutes so
far as the same had been reported by them,
or should thereafter lie reported by them,
at the expiration of the time designated
for performing that service, to wit, the
4th day of May. 1S7:I.
The act further authorized vou to dis
charge the saiil commissioners, and or
dered the re oca 1 from that flHte of nil nets
and parts of acts declaring their duties,
powers, rights, and prive.eges. without,
however, adopting or approving thereby
any art of their work.
The third section erf the act authorized
you to contract with some suitable person
to prepare, under your snnervision and
under snch regulations as you might ore
scribe, the revision of the statntes then
already reported by the commissioners, or
which might bv 'hem be thereafter re
ported before the 4 ;h day of Ma v. 1873; and
it was directed that "such preparation
should be embodied in the form of a bill,
to lie presented al the opening of Congress
in December. is7:;. all the laws so revised,
wftb a proper Index, so that the same
might be in form to be acted upon forth
with by Congress at t his session.
The undersigned having had the honor
to be selected by you to-perform the work
indicated In the act, has to the best of his
knowledge and ability executed the task,
and lavs before yon the result.
The draught on the revision of the laws
of the United suites accented by you from
the commissioners, and delivered by you
to the undersigned, was a bundle of
twenty-three hundred and ninety-eight
sheets, detached, partly printed, partly in
manuscript, profusely Interspersed with
interiineaiions and corrections. The first
step taken was to have these- sheet s affixed
to the pages of properly-bonnd volumes,
SoastO-render if possible fo examine the
various provisions in detail.
The titles and chapters reported by the
commissioners bavebeen in most insfan
ees retained, but the nnmemtion of the
sections has been changed and made con
tinuous thronghont the preparation.
Every section reported by the commis
sioners has been compared with the text
of the corresponding act or portion of the
act of Congress referred to. anil wherever
it lias been found that a section co tained
any depart are from the meaning of Con
gress as exoressc 1 in the Statutesat Large,
such change has been made as was neces
sary to restore I ho original signification.
The changes alluded to. which it is
deemed material to call to your attention,
arc as follows :
L In Title I, chapter one-only such defi
nitions as are found in the Statutes ai
Large have been retained: many others
reported by the commissioners, but not
found in the statutes, have been omitted.
. The chapter on the rules of construc
tion, for the same reason, has been en
tirely omitted, none ot iis provisions hav
ing been found in the Siatatesat Large.
:!. Section 168, as reported, w as applica
ble to all the depart men is, and was on
rirs; examination supnosed to le correct,
but further research showed that the le-
parimeirt ol toe interior wasnoi inciuueu.
4. in section .m tiu worus exec in in
the cases mentioned in section 5412. Title
Crime,"' lines 5 and 0. have been added to
the reimn to conform to the statute.
.-. The umtti paragraim oi secium .n.
lines 31 to 3.'". were not found ill the report ,
and have been added.
6. The section fill, as reported, rea l,
circuit court-are es;a" iltshed for t he 1 href
districts of Alalntma. the eastern district
of Arkansas, Ac.""1 As this seeuied nmtrtg
uons. and might lead to the be ief that a
circuit court in each ot the districts ot Al
abama was raeaet, the phraseology has
lieen changed, as only one circuit court is
provide ! by law for the three districts.
7. In section 042. paragraph tiist, lines 11
and 12. the words -at the time of entering
his appearance in said State court" had
been omitted in the report; they have
been restored as found in the statute.
The same remark applies to the words
"tile l at any time before the trial or final
hearing of he cause," in same sect ion par
agraph second, lines 17 and is.
The same remark implies to the words
"tiled ai any time before the trial or linal
hearing of t'lic suit," in t be same section,
paragraph third, lines t2s and
The same remark applies to the words
"at the time of liiing his ix-tition there
for." in the same section, paragraph third,
line Si.
8. In section 843 the words "other than a
circuit or district court of the United
states," dues 1 and 2. did not appear in the
report; they have been restored.
!. In section URL lines -2iiand 21. page 139,
as reported, a session of the circuit court
of the United States is provided for at
Mille Igeville on the Thursday after the.
first Mondav in November. A letter has
lieen received from Hon. W. B. Woods,
United states circuit judge, staling that
no circuit court has been held at Miiledge
ville for many years, and that such session
would not lie "desirable, and farther stating
that the lale Judge Wayne thought the
law authorized 1 he session to lie held at
savannah. The law appears tolieas found
In the section, which lias therefore been
left unchanged: but the attention of the
committee "is respectfully ealjed to the
subje-tt.
10. In section 6 the words "without the
twenty days mentioned in the preceding
section." lines 2 and .'!, have been a 1 led to
the report to make ihe seenon conform to
the statute.
11. In article 703, lines 6 to t. the language
of the report is changed to conform lo the
statute.
12. In article 701 the words "except m
the Territory ol Washington,51 iinei, have
ljeen added to 1 lie report : as also have the
words "lu the Territory of Washington
the value of the matter in dispute must
exceed two thousand dollars," lines 1(J to
12. The section, as reported, made a uni
form rule for all t he Territories.
iti In section 71 1 t he. words "the circuit
judges," due 1, were reported and retained
by inadvertence. To make the section
conform to the statutes they must be
stricken out. The act of April 13. 19, en
titled "An act to amend the judicial sys
tem of the United states." (loth U. S. Stat
utes at Large, pages 44 and 45.) does not
prescribe that the "circuit judges," shall
take an oath.
14. In article 723, as reported, there were
found the words, coming after the last
word "'State," "except In cases where such
injunction may be authorized by any law
relating to proceedings in bankruptcy "
These, words have lieen omitted as not be
ing found in the statutes.
15. The article 7t0 lias been changed from
the report so as to conform more closely
to the statute, and the word "certify" has
lieen subsiitnte'l In line one for flic words
"state in writing ;" and the words "plainly
and uiieotilvocaily have been stricken
out as not in the statute.
16. " The art icle 87K, as reported, had at
the end, after the word "suit," line 8, the
wods "in the supreme court of the Dis
trict of Columbia," which are omitted as
not in the statute.
17. The art icle 877, as reported, contained
alter the word "fees," line 4, the words
"allowed by law to witnesses in the su-
Ereme court of said District," which have
oen stricken out and the words of the
statute restored.
18. The article 908, as reported, contain
ed after the word Territory in the line 1,
the words "orof the District of Columbia."
which were stricken out as not in the.
statute. .....
13. Tn article 971. as reported in line i.
the amount mentioned was "fifty" dollars,
but has lieen restored to "three hundred
dollars," in accordance with section 20, act
of Septemlier 24, 1789, 1 U. S. Statutes at
L,arge, p. sa.
xne at ten uon oi me commons, is re
spectfully invited to this point, as by the
act of March 3, 1802, sitct ion 2. 2 U. S. Stat
utes at Large, tne appeaiame amount is
redneed to fifty dollars; and it would lie
but just to make the amount in the sec
tion lo corresnontl. as one w no can a nieiii
for fifty dollars ought not to suffer because
lie noes not. ultimately gain mrcc uuu
dred.
20. The article 989, as reported, contained
after the word "Territory." in line 3, the
words "or in the District of Columbia,
which have lieen stricken out as not in t he
statute.
21. In article 1011, as reported, after the
word "Infant," in lines 7, there occurred
the words "married woman," which have
lieen stricken out as not contained in the
statute.
22. In section 1017 the report contained
after the word "States." in lines 7 and 8.
respectively, the words "or Territory,"
and after the word "recognizances," in
line 13, the words "of the offender if bail
he required," which have been stricken
out as not found in the statutes.
23. In section 1020 the report contained
after word "naval," in lines 2, the words
"or military." which are stricken out as
not found in the statute.
24. In section 1055, relating to the Court
of Claims, the reixnt contained at tne ena
of line 4. the word "thaee" Uistcad of two.
which has been restored in accordance
wltli the slat ute.
25. In section 1097 the report employed
the word "corns" instead of "department"
used in the statutes ; the latter word has
been re.Stored.
2. In section 1110. as reported, after the
word "wagoner" In line 41, were the words
"and a? many privates, not exceeding
fifty, as the President may direct," but
these w ords have been removed and what
aoixyirs in the sect ion subsl ituted, as being
the language of the 6th section of the act
of .Inly 28, lstiii, section 0, 14 U. S. Statutes
al Large, p. 3X5.
27. Article 1320, as reported, closed with
the w ords, -'and if any person appointed a
cadet shall refuse to take this oath his ap
tiointment shall be thereupon withdrawn."
The words of the statute have been re
stored. 28. Section 1322 was reported making it
i he duty of the t dork of i be House of 'Rep
resentatives to furnish the documents
published by the House, which was not
found in t beads and was removed.
21). In article. 37 of section 13 the words
on "behalf of the prosecution" were re
ported after the word "delayed" in line 4,
but removed as not in the statute.
SO. In article 48 of the same section, 1342,
the report contained the words "any pun
ishment ordered by a field-officer, detailed
to try soldiers of his regiment, may be
pardoned or mitigated by the commander
of the brigade, or, in case there lie no
brigade commander, by the commanding
officer of the post ;" this has lieen omitted
as not in the law.
31. Section ltl'.HS, as reported, gave the
appointment there mentioned to the Sec
retary of the Navp. but the act of July 2,
lstifi. section 5, Is l . s. Staines at Large,
declares lhat tlrsl and second assistant en
gineers shall be appointed by the Presi
dent and confirmed by the Senate.
32. Section 137H. as reported, provided for
eighteen cbapiahts, but tha actual state of
the law ieave- the number undetermined,
and tin- section corresponds now with this
condit ion.
33 Section 1404, as reported, had after
ihe word "apnoint," "such number of na
val constructors as the seruioe may re
quire." lint the state of ihe law is as now
found in the section.
34. Section l"i7 was not in the report,
but is found in the act of January 24, 18H-1,
13 U. S. Statutes at Large, p. 424, and the
same is the ease with IsOS.
35. The law s in regard to the militia of
the United states were reported by the
commissioners, and though not repealed,
many of the provisions seem incongruous
wi hthe existing order of things. See sec
tions litis, 11.32. and others, in Title X VI.
3S. In section UUt, as reported, she' words
"for the suppression of rebellion against
and resistance to the laws of the United
States" have been inserted, after the words
United States In line 2, to make the section
correspond with the law.
37 i in page 3-7. line BH, Ontario has been
subst ituted for Canada West, and in line
68, Quebec forCaua la East.
38. As to sect ion 1733, as it was not clear
that these provisions were repealed by
the act of May 21, 1871,17 Statutesat Large,
. 143, the section has been retained.
39. In section 1744 there have been added
to tlu reported sec; ion i he words found in
the law, "and snch ratesor tariff shall be
reported annually to Congress."
4". section isif was not rcjiorted, but
was found in the laws.
41. Section 1827 was not-reported, but was
found in the laws.
12. The report of the commissioners
molded into one uniform system .he acts
organizing the Territories, and thus sev
eral departures from Ihe law were found.
In section 1845 it became necessary to en
graft on the report the exception "found in
lines 14 pud l"i.
43. in section 1853 it was necessary to
add to tlie report the exceptions in lines 2
and 3.
44. In section 1857 the exception in lines
11 and 12.
4". Section lo- was not rejxirted, but
was found in the laws.
46. The section of the report which read
"no citizen of the States shall be deprived
ot his hie, liberty, or property in any Ter
ritory except by the ludgmeut of his peers
and the law of the land," is omitted, as
not found in the taws.
47. Iii section 1895 the exception has been
added, which is found in lines U and 7, lie
cause in the law.
48. The report of the commissioners gave
the acts of Congress passed from time to
time regarding the boundaries erf Territo
ries, tint from the tact lhat in many cases
new Territories have lieen carved out of
such as nreviously existed, and new S'atcs
formed from o her portions, it cannot lie
ha the taws as round on the statute-
boo'
rito-ialac' represenl act
i laries. The sec-ions re
nimtssioners are 1899 to
; they ate m!1 found in
wns jusr sai 1. do no' give
ci" laries with accuracy,
lia- procured from the
.ice a statement of the
own o ' hat I c'ar, men t,
o ; he description receiv
ihat it may be substituted
ua e cs, iug Ixi?
rate. fh Inclm
th- taws, but, a
t he territorial !
'flic tin terse, et
I'enera! Lan l-i
boundaries as
an 1 U'Cleuds he
e t in such shaii
for tbe sections reported by ihe commis
sioners : the terms of his instructions not
permitting him to make the substitution.
49. Section ltd 1 is new and was required
by the expressions of the law.
50 Section 1928 i- also new : the same re
mark applicr to it.
51. Section 2084 is Hew : the act of March
3. 1871, section 1, hi U. s. Statutes at Large,
p. 566, had not been reported.
."2. In section 2216, the words "of Florida,
Oregon, and California" have been insert
ed after "general," in line l : there are no
provisions found for the other surveyors
general. 53. In section 2229 the word "Louisiana"
hasbeen inserted in the section, as report
ed, after the word California, being found
in t lie law: no official seals are provided
for in other districts.
54. Section 2230. There is no provision
in Ihe laws that can tie found providing
for copies of plats and transcripts m other
surveys, or general districts, than Louisi
ana. 55. In section 2238, as reported, the word
"Louisiana" has been inserted after tbe
word "deputy." in line 1: no similar pro
vision could be found for other deputies.
56. In sect ion 2239 the exception at the
eloseofthe section should be remarked ;
no iaw can lie found authorizing an ap
point men! a Monroe, ii.
57. The close of section 2363'has been
made to correspond more exactly than the
report to t he act of March 3, 1853, 10 U.S.
Statutes, p. 244.
"18. section 2372. as renor'cd, has lieen
tnolidcd to conform to he nrovisions of
he ie ot Mar, h 3, !73. 17 U. s. S a ntes at
Large, n. ftes.
9. At been I of section 3481. as renort
e I, The words commencing 'and ail per
sons who loi-a e." Ac., to the end, have
been a 1 lei a- found In the law.
(to. The section 2494, which is found in
tbe law. is placed Instead of the new sec
lion recommended by the commissioners.
61. In section 2 "it 8, as reported the part
commencing "the provisions of this sec
tion," to the end, have been added as found
in section 5, act of March 1, 1873, 17 U. S.
Statutes, at Large, p. 483.
62. In section 2512, as reported, para
graph second "Luliec," was found as a
port of delivery , but It is not in the law;
it may be such in the Triasni- regula
tions. 63. In section 2514, should not these di
visional lines be better laid down in the
law ?
64. In section 2522. as reported, the names
of several places appeared as norts of de
livery which were not found in the law,
and have been omitted : these places, how
ever, maybe in practice twirls of delivery.
6V The same remark must be made as to
sections 2528, 2530.
66. Section 2546, was reported "District
of Columbia," it has been changed to Dis
trict of Columbia," it has been changed to
District of Georgetown.
67. Seet Ion 2700 is changed from the re-
report so as to exclude N'ew York and San
Francisco.
68. Section 2814. the law here renorted
has never lieen repealed, lint may in some
til respects possibly be rendered inop
erative by la' cr enactments.
69. In the renor: of the commissioners
all the places mentioned in section 2851
were included in the provisions of section
2850, as to places designated on the sea-
noaru ny Hie secretary of the Treasury.
but that law did not so embrace them
0. in sections 2872-73-85-76-77-79. the
words "subject to ad valorem duty" have
been added after the word "merchandise,"
as found In the law.
71. In section 2896. the iKirrlnuinsr of tbe
section down to line eight lias been added
to what was reported, being found in the
litW.
2. With regard to sections .11111 to sins.
in elusive, it. may lie remarked that al
though the laws ibey come from are not
repealed, they have possibly become par
tially or wholly obsolete.
73. Section 3117, should not the places
which have been named in proclamations
be described in the laws?
n. in section 3226 and others, under the
Internal Revedue title as renorted. the
word "assessor" has been struck out.
75. Section 3303 was remit 'd hv the
commissioners, and It is not certain its
provisions are not suncrseded bv the 3d
section of tbe act of 24th Septemlier. 1872.
IT u. s Statutes at Large, n. 4H2: but
under i he ;,. i h has been allowed to re
main ior tne (ecision of tbe committee,
ii. In the SQC top 3456, as renorted. ihe
words ot lines 23 an 4 lieginnina ."prima
tacie evidence." have been put in, as found
in the act.
77. The section 3407 reported, contained
the words "with knowledge that It is
such." after the word "affixed" in the line
seven, but they were not found In the law.
78. In section 3421, in lines 14 and 15, the
words "and shall" down to "Inventory"
have been supplied from the law.
79. In section 3465, the penalty is dlf-
r umi. luunu u tMSGOtmpw; in
l" inuer, iiirec years, in tne. latter, two
the offenses appear to be the same.
80. Sections 3504, 5505, 3506 were report
ed hv the commissioner and liotibta ho ve
been expressed us to whether they should
have appeared, as the tax on legacies and
successions was repealed by the act of
juiy i, lBu, section 3, 16 V. 8. Statutesat
Large, pp. 256, 257, but it appears Irani the
i - us ... i w.1 oi -44H1 lJQoemner, ibix.
section '1 17 TT 6i U... ........ ... ,
. . . 7 1 - "-- i , ... in iii fe, 1 1. --'-.
that Congress did not, design to forego the
taxes on legacies anil su
the right arose prior to the repealing sec
tion aoove quoted.
81. In section 3535, the exceptions have
been added; they were not found in the
report.
82. In section 3543. would it not be well
to insert the word "superior" before
"officer," in line 7?
83. In title 40. p. 933. sections 3851 and
the following, will be found the previsions
of the act of August 6, 1846, 9 U. S. Statutes
at Large, p. 59 and the followdnfg. All
these sections have been retained, though
the act on which they arc founded was
repealed by its date and reference in t he
schedule of acts repealed at the end of
the act revising the patent laws, (16 U. S.
Statutes at Large, p. 216.)
.h. Section 3749 is new and was found in
the report, but is in the law.
85. In section 3750, on page 957, lines 153
to 159 are new, and were not reported; they
are in the law.
86. In section 3184, the words after "com
mittee," in line 2, have lieen inserted in
t he section reiiorted as being required by
law.
87. In section 3S61, the words "there
shall be printed and bound" have been
aedec as in the law.
88. section 3912. It muat be remarked
there is no such assistant treasurer at
Washington.
89. The sect ion 3944 is t lie act of July 27,
1866, 14 U S. Statutes at Large, p. 301. and
is section 135 of the net of June 8, 1872. 17
l". S. Statutes at Large, p. SOL but it is not
mentioned among the acts repealed by
section 327 of that act.
90. Ill section 3945, as reported, tbe
words "nor law fully franked" have been
stricken out, as notin the law-.
91. Sect Ion 3958 was not reported by Hie
commissioners.
92. Sect ion 3'191. Some question may be
made as to whether the abolishment of
th franking ortvilege has affected the law
from which i hi-section is derived.
93. iSdi-tioii 40iil deserves attention from
the use of the words 'except letters law
fully free" in the third line. What letters
are lawfully free? The act of 1872, section
1st, 17 statutes at Large, pp. 306, 307, de
fined what matter was to pass free In the
mail. 11 contains eleven classes, all of
w hich do not impcar lo he embraced in
the language of the act of laiiuarv 31. 1873,
entitled an act to abolish the franking
privilege, 17 Statutes, p. 41. If ihis inter
prktatiou lie correct, then there remains
matter faw fully free, which ought to be
ffiore accurately deflued. The Section 184
of 1 he act of 1872. just referred to. does not
embrace the let ters of soldiers, sailors, and
marines, tint iliev are virtually -made free
by the section 195 of the same act. page
308 and were made fit-c by the act of
January 21, 1862, 12 Statutes, p. 332. This
act is embraced in the number of those
renealed by the last section of the act of
1972, in consequence of being incorporated
in the act Itself, but an act on the same
page of 12 Statutes, entitled "An act to
promote the efficiency of the dead-letter
Office," has not lieen repealed, and its pro
visions in regard to postage on dead let
ters have not been reported by tbe com
missioners, and it is doubtful whether
Congress did or did not intend to repeal or
supersede this act.
94. The sect ion 4079 was reported., line
three, with the word "scaled." It lias
been changed to "unsealed."
9f. In section 41S4 the words after the
word "designate," in the eleventh line,
haue been added as being found in tbe
law.
96. Section 4249, the question of the
propriety of these fees under the existing
mode of measurement might be worthy of
attention.
97. In section 4310, as reiiorted, the
words "on the coasts of Long Island and
New Jersey, " found in the law, have lieen
inserted after the word "stations," in line
two.
98. Section 4405 may jHissibly be no long
er necessary.
99. In Section 4413, as reported, all after
the words I'nited States." in the ninth
line, have been added, as found in the
acts.
100. The section till, as reported, pro
vided for live great disi ric-s, but have been
brought down lo three, as that number
only Is provided for in ihe laws.
l(il. Section 4856 may be considered as
not likely to come into use, though in the
laws.
Ui-2. In section 4766 Ihe reference cor
responds with the law, bin the la' ter seems
to lie wrong itself. .See act of May 3, 1873,
seci ion 5, 47 Statutes at Large, p. 569.)
103. Sections 4325 and the following re
late to the privateer pension fund, which
no longer exists, though the laws have not
been repealed.
lot. In section 4952 the words "District
of Columbia." as reported, are stricken
out; they do not appear in the law.
105. In sec' ion 499 the term of exten
sion in the last line was reported twenty
one years; it has been changed to twenty-
four, w inch the law seems to demand.
in;. In section .5115, as reported, the
words "in admiraiity" occurred after tint
words evuily in Ihe eleventh line, but
cave been omitted as not in the law.
In7. The sect isn 5318, as reported, read
after the word "Orleans" in lino 2, "w ith
in Ihe Stale of Louisiada:" it has lieen
changed to correspond with the law.
Ins. In section 3333, the words com
mencing, in line 1, ihe provisions." and
ending wit h "purposes.' in the lift h line,
nave Ih-cii inserted, as expressing the
sense of ihe law.
109. In section 5392, the words com
mencing, in the fourth line, "and every
person," down to the wfrds "is an acces
sory," have been added to the report from
th' law.
Ho. Tbe words "Secretary of t he In t ri
or."as reiiortel in sections 5tdo and the
follow ing sctions, in the title have been
changed to "Attornev-tieneral," to cor
ivs)iond to ihe change In the law.
111. The seel ions .Mils and 5H14 should lie
transposed. They were misplaced in the
reixirt and overlooked.
112. It is resiiect fully submitted that
the following sections should be added to
the preparai ion of the revision :
Section 5662. All acts and parts of acts
heretofore iiassed by the Congress of the
United Slates, and having force as exist
ing laws at the date of the iiassage of this
act. any portion of either of which iseai
hraccd in any of the foregoing sections re
spectively, lire hereby repealed, and the
section applicable thereto shall lie in torce
in lieu thereof.
Section 5663. Nothing contained in the
foregoing sections shall be construed lo
interfere with any pending actions or
tines, penalties or forfeitures, accrued or
incurred, or to distnrb or divest any vest
ed risrhi whatever; and ali officers in ali
the departments of tne Government, leg
islative, executive and judicial, shall con
tinue in office umil their suueessors are
apiKunted. as if ihe said sections hod not
been udopted.
Section 5f64. The repeal of acts and
pans of acts provided for in section 5662
shall not revive any law heretofore retx-al-ed
or superseded, nor any office heretofore
abolished.
The undersigned was instructed to pre
pare in ihe -h ine of a bill only what was
placed in his hands as the report of the
lute commissioners; he wasnoi authorized
logo beyond its limits and seek tor what
was contained in ihe statutes and not
embraced in the report; nor. indeed would
It have been possible for him to accom
plish such a wcrk. In some few instances,
however, while emamining a statute and
linding a palpable omission, ihe detect has
lieen suupiied. ,
The Posi-Itoad bill lias lieen arranged
alphalietically by States and roods, elinii
iiuiiinriill dutilications and errors In the
statutes that could lie detected.
'rii.. Mi nnrv-i mense in i uas necn oie-
pured with a view to produce theequal-
1 .. .. .- ..i,;..-. ,. i. -It seeme 1 llle
lzaiion oi iicii.oi isis ,, -- - ' - -i
object of C ongress to secure, by attcctlng
In all cases an accinnic o-jono .
amount of penalty to be lniucieu. 1111s
bill is a part ot tne Articles 01 mar, uuu
theportionseorrespondingto it have lieen
omitted from the preiiaration of the re
port of the late commissioners.
The Indian treaties have lieen curtailed,
as far as possible, of the long catalogue of
sinners, aim. m an msiauccs , ucm uwuiu
lie ascertained, the date of proclamation is
-riven One treaty is out of place that
with the Choctaws and Chicasaws, on
page 1040; It wae not coiuaineu in ine
edition of the Statutes at Lartre delivered
to the. undersignca oy 111c comiumcc, uuu
was found in a subsequent edition, but loo
late to Inserted in its proier place. At the
lienartnient of State and the office ol
Commissioner of Indian Affairs no infor
mal ion could be, oiuaineu as 10 t uc uaw ui
proclamation ot suen ireanes as arc ues
ignaied as "ratifled," or "concluded."
,lUU" THOMAS J. DURANT.
BOUNDARIES OF TERRITORIES.
(See paragraph 48, page 5,)
fitssfi. 1899. All that portion of the
territory ot the United States bounded
as lollows : Beginning at the intersec
tion of the thirty-seventh- parallel of
north latitude with the out nunuretl
and third degree ot longitude west
from Greenwich ; thence south on the
said one hundred and third degree of
longitude to it intersection with the
thirty-second degree of north latitude
1 north boundary of Texas;) theuee
west on said thirty-second degree of
latitude to the Rio Grande ; thence fol
lowing down the main channel of the
Rio Grande to the point where the
parallel of thirty-one degrees and forty
seven m nates one hundred miles ;
thence south to the parallel ot thirty
one degrees and twenty minutes north
latitude ; thence west along the said
parallel of thirty-one degrees and
twenty minutes to its intersection with
the thirty-second degree of longitude
west from Washington ; thence north
on said thirty-second degree of longi
tude to its intersection with the thirty
seventh degree of north latitude; thence
cast on said thirty-seventh degree ot
latitude to the place of beginning, is
the Territory of New Mexico.
Sko. 1900. All that portion of the
territory of the United States, begin
ning at the intersection of the forty
second parallel of north latitude with
the thirty-fourth degree of longitude
west from Washington thence south
on said thirty-fourth degree ot longi
tude to its intersection with the forty-"
rii st degree of north latitmle; thence
east on saiil forty-tirst degree ot lati
tude to its intersection wftb the thirty
second degree of longitude west Irorn
Washington ; thence south on sakl
thirty-second degree of longitude to ifs
intersection with the thirty-seventh
degree of north latitude ; thence west
on said thirty-seventh degree of lati
tude to its intersection with thetlmty
seventh degree of longitude west from
Washington ; thence north on said
thirty-seventh degree of longitude to
the forty-second degree of north lati
tude ; thence east on said forty-second
degree of longitude to the place of be
ginning, is the Territory of Utah.
Sec 1901. All that part of the ter
ritory of the United States beginning
at a point on the sorty-ninth degree of
north latitude where a line extended
due north from a point in the middle
of the main channel of the Suike Riv
er, opposite the mouth ol the Clear
Water River, intersects the same,
theneu south to said point in Snake
River; thence up the middle of the
main channel of the Snake River to
the point where the forty-sixth degree
of north latitude crosses the same;
thence west on said forty-sixth degree
of latitude to the point where it crosses
the middle of the main channel of the
Columbia River; thence down, the
middle of the main channel of the Co
lumbia River to its mouth ; thence
northward along the I'tu-ilic coast to
the middle of tlie channel which sep
arates the continent from Vaneouuea's
Island ; thence through the middle of
said channel (Strait ol Fuca. Canal de
Haro, and Gulf of Georgia) to the
forty-ninth degree of north latitude;
thence east on said forty-ninth degree
of latitude to the place of beginning,
is the Territory of Washington.
Kkc. 1902. All that portion of the
territory of the I'nited States begin
ning at the intersection of the forty
first degree of north latitude with the
twenty-fifth degree of longitude west
from Washington; thence south on
said twenty-tilth degree of longitude
to its intersection with tlie thirty-seventh
degree of north latitude; thence
west on said thirty-seventh degree of
latitude to its intersection with the
thirty-second degree of longitude wesSt
from Washington : thence north on
said thirty-second degree of longitude
to its intersection with the forty-first
degree of north latitmle; thence east
on said fort.v-tir-t degree of latitude to
the place of beginning, is the Territory
of Colorado.
Sko. 1903. All that part of the ter
ritory of the I'nited States beginning
at a point in the main channel of the
Red River of the North, where the
forty-ninth degree of north latitude
crosses the same ; thence np the main
channel of said river, and along the
boundary of the State of Minnesota, to
Big Stone Lake; thence along the
lioui'dary-liue of the said State of Min
nesota to the Iowa to the Iowa line;
thence along l In- boundary-line of the
State ot Iowa to the point ot intersec
tion between Ihe Big Sioux and Mi
soon KlVers ; thence np the Missouri
River, and along the boundary-line of
the State of Nebraska, to the mouth of
the Niobrara or Running Water. Riv
er ; thence following up the same, in
the middle of the main channel thereof,
to the mouth of the Keha Paha or Tur
tle Hill River; thence up said river to
the forty-third parallel of north lati
tude ; thence west on said forty-third
parallel of latitude to the twenty-seventh
degree of longitude west from
Washington ; thence north on said
twenty-seventh degree of longitude to
the forty-ninth parallel of north lati
tude, (International boundary ;) thence
eat on said forty-ninth parallel of lat
itude to the place of hegiuning, is the
Territory of Dakota.
Skc 1904. All that part of the ter
ritory ot the United States beginning
at the intersection of the thirty-seventh
degree ot north latitude with the thirty
second degree of longitude west from
Washington ; thence south with said
thirty-second degree ot longitude to
the northern boundary of the republic
ot Mexico, (lat. 31" "20, N.;) thence
west with said northern boundary of
Mexico to the one hundred and elev
enth degree of longitude west from
Greenwich: theme in a straight line
with said Mexican boundary ha point
on trtte CoJorailo liiver, twenty miles
below the junction ui the Gila and
Colorado Rivers; llM-nee up the mid
dle of the Colorado liiver to the point
where the thirty 'eventh degree of
longitude west from Washington inter
sects the same; thence north with said
thirty-seventh degree "f longitude to
its intersection with the thirty M venth
degree of north latitude ; thence east
on said thirty-seventh degree ot north
latitude to the place of beginning, is
the Territory of Arizona.
Sec. 1900. All that part of the ter
ritory ot the United States beginning
at the intersection ot the forty-ninth
parallel of north latitude with the
thirty-ninth degree of longitude west
from Washington: thence south on
said thirty-ninth degree of longitude
to its intersection with ihe crest of the
Bitter Root Mountains; thence follow
ing the crest of the Bitter Root Moun
tains southward to its intersection with
the crest of the Rocky Mountains ;
thence southward along the crest of
the said Rocky Mountains to its inter
section with the thirty-fourth degree
ot longitude west from Washington ;
thence south on said thirty-fourth de
gree of longitude to -its intersection
with the forty-second degree of north
latitude; thence west on said forty-
second degree of latitude toapoiutdue
south of the mouth of the Owyhee
River ; thence due north to the mouth
ot the Owyhee River; thence down
the middle ot the main channel of the
Snake River to a point opposite the
mouth of the Kooskooskia or Clear
Water River; thence due north to the
forty-ninth parallel ot north latitude ;
thence east on said torty-iiinth parallel
to the place of beginning, is the Terri
tory of Idaho
Sec. 1907. All that part of the ter
ritory of the United States beginning
at the intersection of the forty-ninth
degree of north latitude with the
twenty-seventh degree of longitude
west from VV'ashington ; thence south
on said twenty-seventh degree of lon
gitude to its intersection with the
forty-fifth degree of north latitude;
thence west on said forty-fifth degree
of latitude to its intersection with the
thirty-fourth degree of longitude west
from Washington ; thence south on
said thirty-fourth degree ot longitude
to its intersection with the crest of the
Rocky Mountains; thence following
the crest of the said Rocky Mountains
northward to its intersection with the
crest of the Bitter Root Mountains ;
thence following the crest of the BiUer
Root Mountains to its intersection
with the thirty-ninth degree of longi
tude west from Washington: thence
north on said thirty-ninth degree of
longitude to tbe forty-ninth parallel of
nortn latituue; tnence east on said
forty-ninth parallel of latitude to the
place of beginning, is the Territory of
Montana.
Sec. 1909. All tl-at part of the tei
ritory of the United States beginning
at the intersection of the forty-fifth
degree of north latitude with the twenty-seventh
degree ot -longitude west
trotn Washington ; thence south on
said twenty-seventh degree of longi
tude to Itsintersection with the forty
first degree of north latitude; thence
west on said forty-first degree of lati-'
tude to its intersection witli tbe thirty
fourth degree ot longitude west troni
Washington ; thence north on said
thirty-fourth degree of longitude fo its
intersection with the torty-titth degree
of latitude to tlie place of beginning, is
tbe Territory ot Wyoming.
Crrnrenf ion Ijeltreen the United States
a America and the HepuUie of Salva
dor Extradition.
Uoftclflded May 23, 1870. Ratification ad"
vised In- Senate December , 1870. Rati"
fled by" President December 16, 1870
Ratified by President of Salvador Oct
28, 1873. Trine for exchange of ratiflca"
tion extended May 12. 1873. Ratifications
exchanged at IVasliinaton liareli 2, 1874.
Proclaimed March 4, 1874.
BY THE PRESIDENT OP THE PXITED
STATES OF A M ERICA A PROCLAMA
TION. AVWhereas a convention for tbe sur
render of criminals, fugitives fromiustiee,
iietween the United Stales of America and
the Republic of Salvador, was concluded
and signed by the respective Plenipoten
tiaries at San' Salvador on the 23d day of
May, 1870, the original of which conven
tion, being in the English and Spanish
languages, is word for word as follows:
Convention far th sturrmctsv of criminal be-
tween the linked Suite of America and the
H public if Stilvathjr.
The I'nited Slates of America and the
Remililic of Salvador, having judged it ex
pedient, with a view to i lie better admin
istration ofiustice, and to the prevention
of crimes in their resneeMve territories
and jurisdiction, that jiersons convicted of
or Charged with the crimes hereinafter
snccitled. and betas fugitives from justice,
should, under certain circumstances, lie
reciprocally delivered up, have resolved to
conclude a convention for that purpose,
and have appointed as their Plenipoten
tiaries, the President of the I'nited States,
Alfred T. A. Tortiert, Minister Resident to
Salvador; the President of the Republic of
Salvador. Senor Doctor Don Grejrorio Arb
izu. Minister of Foreign Allah's; who, after
reciprocal communication of their full
powers, found in good and due form, have
agreed upon the following articles, to wit :
Article I.
The Government of the I'nited States
and the Government of Salvador mutually
agree to deliver tip persons who, having
been convicted of or charged with the
crimes speeilied in the fo'dowing article,
committed within the jurisdiction of one
of ihe contracting parties, shall seek an
asylum or be found within the territories
of' the other: Provided, That this shall
only be done upon such evidence of crimi
nality as, according to the laws of the
place where the fugitive or person so
charged shall be found, would justify hLs
or her apprehension and commitment for
trial if the crime had been there commit
ted. Articlk II.
Persons shall lie delivered up who have
been convicted of, or be charged, accord
ing to tlie provisions of this convention,
with any of the following crimes :
1. Murder, comprehending tlie crimes
designated in Ihe penal codes of the con
tiitctiiig parties by the terms homicide,
parricide, assassination, poisoning, lnfiEtnt
icile. 2. The attempt to commit murder.
3. The crimes ot rape, arson, piracy, and
mutiny on board a ship, whenever the
crew, or part thereof, by fraud or violence
against the commander, have taken pos
session of the vessel.
4. The crime of burglary, defined to be
the action of breaking and entering by
night into the house of another with the
intent to commit felony; and the crime of
robbery, defined to lie the action of fel
oniously and forcibly taking from the
IHU-son iif another goods or mone; by vio
lence, or putting him in fear.
5. The crime of forgery, by which is
undei-sn od the utterance of forged papers,
the counterfeiting of public, sovereign, or
govern mem acts.
H. The fabrication or circulation of
counterfeit money, either coin or paper,
of public "bonds, bank-notes, and obliga
tions, and in general ot all things lieing
titles or instruments of eredit, tlie coun
terfeiting of seals, dies, stamps and marks
of state and public administration, and
the utterance thereof.
7. The embezzlement of public moneys,
committed within the jurisdiction of
either party, by public officers or deposi
tors. 8. Emliezzleiueiit, by any person or
persons, hired or salaried, to 1 he detriment
of their employers, when these crimes ale
subjcci to infamous punishment.
A KTICLK III.
The provisions of Ihis treaty shall not
apply to any crime or offence of a political
character; and the person or persons de
l.vered up tor the crimes enumerated in
tin1 preceding article shall in no case lie
tried for any ordinary crime committed
previously to that lor which his or their
surrender is asked.
Article IV.
If the person whose surrender may be
claimed, pursuant to the stipulations of
the present treaty, shall have been arrest
ed for the commission of offences in the
country where he has sought an asylum,
shall liave been conukted therefor, his
ext radii ion may be deferred until he shall
have been acijiiiiled or have served ihe
term of imprisonment to which he may
haue been sentenced.
Article V.
In no case and for no motive shall the
high contracting parties be obliged to de
liver up lheir own subjects. If, in con
formity with i tie laws in force in the s'.ate
to which the accused lieiongs. he ought to
lie submitsed lo criminal procedure for
crimes committed in the other state, the
latter must communicate the information
and" documents, send the implements or
tools w bleb wen- employed lo i-iernetra. e
tbe crime, and procure every other ex
planaiion or evidence necessary to prose-
cute I lie esse.
Article VI.
Requisitions for tlie surrender of fugi
tives fro n j s. ice shall lie made by the re
sie. live diplomatic agents of the con trad
ing parties, or in the event of the alisence
of i hese from the country, or in iis seat of
government, they may lie made by supe
rior consular. officers. If the person whose
extradition may lie asked lor shall have
lieen convicted of a crime, a copy of the
sentence of the court in which lie may
have lieen convicted, authenticated under
cts seal, and an attestation of the official
uhamcterof I he judge by t he proiier exec
i five authority, and of the latter by the
minister oy consul of the United States or
of Salvador, respectively, shall accomany
the requisition. When, however the fu
gitive shall have la-en merely charged
with a crime, a duly-ant hen i tea ted copy of
the wan-ant for his arrest in thecountry
where the. crime may have lieen commit
ted, or the depositions utxin which such
warrant may have lieen issued, must ac
company the requisition aforesaid. The
President of the United Stales or the
President of Salvador may then Issue a
wan-ant for the apprehension of the fugi
tive, in order that he may lie brought be
fore the proper eudicial authority for ex
amination. If it should then be decided
that, according to law and the evidence,
the extradition is due, pursuant to the
treat v. the rusritive mav he irlve uu ac
cording to the forms prescribed in such
cases.
Article VII.
Tbe expenses of the arrest, detention,
and transportation of tbe persons claimed
shall be paid by the government in whose
name the requisition snail nave oeen
made.
" Article VIII.
This conyention shall continue in force
durbiir ten rill) veal's from ihe dav ot ex
change of ratlttcat ions ; hut if neither
itHitv snail nave triven lo i tie oilier si-, to;
months previous notice ot Its intention io
terminate the same, the convention shall
remain in force ten years longer, and so
on-
Tlie ,-,,-.4ent convention snail ue raiiueu
and the ratifications exchanged at the city
of Washington within twelve (12) months,
ana sooner it possum.
In witness wliereoi, tne respecicve rreu
ipotcntiaries have signed the present con
vention in duplicate, and have thereunU
Al I .lmlrUHlU
...n....-.thlnl .In-,- -Vt MftV. A. 11. one tliou-
l,..n at 1 ie elTV Ol I-tfLU Ml TUUIN L11C
Barwi iiiriit hundred and seventy, and of
the Independence of the United States the
ninet v-ioutuu. .
SEAL. 3 ALFRE T. A. TORBERT.
seal. gbego. AKB1ZU.
And whereas the said convention has
been duly ratified on both parts, and the
resiieetive ratifications were exchanged in
this city on the second day of March, 1874 :
jiiOW, mureioro, . - .vi. n -" - &,
Ulysses 8. Grant, President of the United
Slates of America, have caused the. said
convention to be made public, to tbe end
that the same, and every clause and ar
ticle thereof, may be observed and fultiMed
witli good faith by the United States and
the citizens thereof.
In witness whereof, I have hereunto set
my hand and caused tbe seal of the United
States to be affixed.
Done at the city of Washington this
fourth day of March, In the year of our
Dord one thousand eight hundred and
seventy-four, and of the Independence of
the United States of America the ntaety
eighth. Bv the President. : V. S. GRANT.
HAMILTON PlSU, Secretary of State.
Treaty between ihe United States of
America and Vie Jiepnotic of .cuaor
Extradition.
Concluded Jtine 28, 1872. Ratification ad
vised bv Senate January 6, 1873. Rati
fied by President January 10, 1873. Rati
fied by President, of Ecudor November
12, 1873- Ratifications exchanged at
Quito November 12, 1878. Proclaimed
December at, 1873.
BY THE PR ESIDENT OF THE UNITED
STATES OP AMERICA- A PROCLAMA
TION. Whereas a treaty for the mutual extra
dition of criminale, fugitives from just ice,
between tbe United States of Anisrica and
the Republic of Ecudor, was concluded
and signed !y their respective Plenipo
tentiaries at Quito on the twenty-eighth
day of Junc,.eiglite-t-u hundred and seventy-two
; which treaty lieing in the English
and Spanish languages, is word for word
as follows :
Extradition treaty between the United State
of America and the Jtepubtic of Ecudor.
The Unite,! States of America and the
Republic of Ecudor, having deemed it con
ducive to the bettei administration of
justice and the prevention of crime with
in their respective territories that all per
sons convicted of acensed of the crnnes
enumerated below, lieing fugitives from
jnsiice, shall be, under certain circum
stances, reciprocally delivered up, have
resolved to conclude a treaty upon tbe
subject; and the President of the United
States has for this purpose named Ruin soy
Wing, a citizen of the United States, and
their Minister Resfdent in Eendor, as
Plenipotentiary on the part of the United
States, and the President of Ecudor has
named Francisco Javier Leon, Minister of
the Interior and of Foreign Affairs, as
Pleniixitentiary ou the part, of Ecudor;
who, having reciprocally commnnicated
their full powers, and the same having
lieen found in Sood and due form, have
agreed upon tlie following articles, viz;
Article I.
The Government of tlie United States
and the Government of Ecuador mutually
agree to deliver np such persons as may
have been convicted of or may be acensed
of the crimes set forth In tne following
article, committed within the jurisdiction
of one of the con tract ing parties, and who
may have sought refuge or be found with
in the territory of the other; it being un
derstood that this is only to lie done when
the criminality shall lie proved in such
manner that, according to the laws of the
country where the fugitive or accused
may be found, such persons might be law
fully arrested and tried, had the crime
been committed within its jurisdiction.
Article II.
Persons convicted of or accused of any
of the following crimes shall lie delivered
up, in accordance with the provisions of
this treaty :
1st. Murder, including assassination,
parricide, infanticide, and poisoning.
2d. The crime of rape, arson, piracy,
and mutiny on soip-lioard when the crew,
or a part thereof, by fi-auS. or violence
against the commanding officer, have
taken possession of the vessel.
3d. The crime of burglary,, this being
understood as the act of breaking or forc
ing an entrance into another's house with
intent to commit any crime ; and the
crime of robbery, this being defined as the
act of taking from the person of another
goods or money with criminal intent,
using violence or Intimidation.
41 h. The crime of forgery, which is un
derstood lo lie the wilful use orcirculation
of forged papers or public documents.
5th. The fabrication or circulation of
counterfeit money, either coin or paper,
of public bonds, bank-bills and securities,
and in general of anv kind of titles to or
instruments of credit, tlie counterfeiting
of stamps, dies, seals, anc marks of the
state and of ihe admin ist rati ve authori
ties, and the sale or circulation thereof.
oth. Embezzlement of public property,
committed within the jurisdiction of
either, parfy, by public officers or deposi
taries. Article IH.
The stipulations of this treaty shall not
be applicable to crimes or offences of a
political character: and the person or per
sons delivered up, charged with thecrimes
specified in the foiefloing article, shall not
lie prosecuted for any crime committed
previeusly io that for which his or their
extradition may lie asked.
Article IV.
If the person whose extradition may
have lieen applied for, in accordance with
.he stipulations of the present treaty,
shall have lieen arrested tor offences com
mitted in the country where he has sought
refuge, or if he shall have been sentenced
therefor, his extradition may deferred
until his acquittal, or the expiration of the
term for which he shall have been sen
tenced. Article V.
Requisitions for the extradition of fu
gitives from justice shall lie made by tbe
respective diplomatic agents of tlie con
tracting parties, or, in case of the absence
of these from the country or its capital,
they may lie made by superior consular
officers. If the person whose extradlt Ion
is asked for shall have lieen convicted of a
crime, the requisition must lie accom
panied by a copy of the sentence of the
court that has convicted him, authentica
ted under its seal, and an attestation of
t he oAclaJ character of the judge who has
signed ii, made by the proper executive
authority ; also by an authentication of
the latter by the Minister orConsui of the
United States or Ecu. Ior, resiiectively. On
the contrary, however, when the fugitive
is merely charged with crime, a duiy au
thenticated copy of ihe warrant for his
arrest in the country where ihe crime has
lieen committed, and of any evidence in
writing upon which such warrant may
have lieen issise, must accompany the
aforesaid requisition. The President of
ihe Uniled States, or the proper executive
authority of Ecudor, may then order the
arrest of the fugitive, inorder lhat he may
be iirought before the judicial authority
which is competent to examine the ques
tion of extradition. If, then, according to
the evidence and the law, it-be decided
that the extradilion is due in conformity
witli lliis treaty, the fugitive shall be de
livered up, according to the forms pre
scrilied in such cases.
Article VI.
and transportation of persons claimed
ball be paid by the Government in whose
name tne requisition shaU have been
made.
Article VII.
This treaty shall continue in force for
ten (10) years Rom the dav of the exchange
of ratifications ; but in case neither party-
shall have given to the other one lb year's
previous notice of its intention to termin
ate the same, then this treaty shall con
tinue in torce for ten (lOi years longer, and
so on.
The present, treat, shall be ratified, and
the ratifications exchanged in the capital
of Ecuador, within two months from tho
un on wincii me session oi me coming
Congress of Ecuador shall terminate,
wnieii win ue in ijetoner, 1873.
in testimony whereof the respective
Plenipotentiaries have signed the present
treaty in duplicate, and hereunto affixed
ineir seals-
Done in the city of Quito, capital of the
Republic of Ecuador, this twenl v-eighth
day of June, one thousand eight hundred
and seventy-two.
Kt MSEY IVINO.
Francisco Javier Leon.
And whereas the said treaty has been
duly ratified on both pants, and the re-
sjieetive rat iticai ions were exchanged at
iuuo on tne iat n oi jNoveuiner las :
Now. therefore, be it known that 1
Ulysses S. Grant, President of the United
States of America, have caused the said
treaty fo be made public, to the end that
tbe same, and every clause and article
thereof, may lie observed and fulfilled
with good laith by the United Stales, and
the citizens tnereoi.
In winiess whereof I have hereunto set
mv hand, and caused tbe seal of the
I nited States to be affixed.
Done in the city of Washington this
twenty-fourth day of December, in the
vmr of our Lord one thousand eight hun
dred and seventy-three, and of the Inde
pendence of tbe United States of America
tile limeiv-eigiim.
U. S. GRANT.
By the President :
HAMILTON FLSH,
Secretary of State.
AX ACT creating an additional land
district in the Territory of New
Mexico.
Be U enacted by the Senate and Howie of
Ji presewaiives o tne united state oj Amer
ica nt uvngres aasemmea.
That all that portion of the Territory
of New Mexico lying south ol the
principal nose line of said Territory
shall constitute a separate land district
to be called the La Messilla land-dis
trict, the office of which shall be lo
cated at snch place in said district as
the President of the United States
may direct, whicli mav be changed
from time to time as the public in--
terest may require.
Sec. 2. That the President shall
appoint, by and with the advice and
consent of tbe Senate, a reelster and
receiver of public moneys for said dis
trict! and said officers shall reside in
the place where said land office is lo
cated, and they shall have the same
powers, perform the same duties, and
receive the same emoluments as are
or man be prescribed dv law in rela
tion to land offices of the United States
in other Territories.
Approved, March 3, 1874.
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