No. 580.
Mr. Fairchild to Mr. Evarts.
Legation of
the United States,
Madrid, July 26, 1880.
(Received August 14.)
No. 54.]
Sir: Referring to your No. 29, instructing me to
obtain certain information in regard to the transit through Spanish
territory of criminals whose extradition has been conceded by a third power,
I have now the honor to inclose herewith a copy and translation of a note
and of its accompaniment upon the subject from the minister of state.
[Page 921]
By this note and its accompaniment it will be seen on what ground Spain
grants the transit through her territory of such criminals, and that she has
no objection to applying the same provisions, on the ground of reciprocity,
to analagous cases of American citizens.
I have, &c.,
[Inclosure 1 in No.
54.—Translation.]
Mr. Elduayen to Mr.
Fairchild
Ministry of
State,
Palace,
July 11, 1880.
Excellency:
I have received the note of your excellency of the 9th instant, in which
you express the wish of your government, to obtain certain information
in regard to the form in which Spain recognizes the right of transit
through its territory of criminals whose extradition has been conceded
by a third power:
In reply, I have the pleasure to transmit to your excellency a copy of
the articles of existing conventions between Spain and Belgium, France,
and the Netherlands, which refer to this point, and I hasten to inform
your excellency that the Spanish Government has no objection to apply
these provisions on the ground of reciprocity to analogous cases which
may occur in regard to American citizens whose extradition has been
conceded, and who may have to be conducted through Spanish
territory.
I avail myself, &c., &c.,
[Inclosure 2 in No.
54.—Translation.]
belgium.
Convention for the reciprocal extradition
of offenders between Spain and Belgium, signed at Brussels on the
17th of June, 1870.
Art. 15. It is formally stipulated that the
extradition by way of transit through the respective territories of the
contracting states shall be conceded on the simple presentation, in
original or certified copy, of the sentence of procedure, as the case
may be (in the preceding article 10), when asked by one of the
contracting states in favor of a foreign state, or by a foreign state in
favor of one of the said states, both bound to the state referred to by
a treaty comprising the offense which was the cause of the demand for
extradition, provided that it is not prohibited by articles 3 and 4 of
the present convention.
france.
Convention of extradition concluded,
between Spain and France, signed in Madrid on the 14th of December, 1877.
Art. 16. It is formally stipulated that
extradition by way of transit through the territory of one of the
contracting parties of an individual delivered to the other Will be
conceded by the simple exhibition, in original or certified copy, of one
of the sentences of the procedure as mentioned in article 5, provided
that the act which serves as a basis for extradition is comprised in the
treaty and does not refer to the exceptions made in articles 3 and
11.
netherlands.
Convention of extradition between Spain
and the Netherlands, signed at the Hague on the 6th of March 1879.
Art. 15. The transit across the territory of
one of the contracting powers of an individual delivered by a third
power to the; other party, and who does not belong to the country of
transit, will be conceded on the simple presentation, in original or
certified copy,
[Page 922]
of one of the
sentences of the procedure enumerated in article 7, provided the fact
which serves as a foundation for extradition is comprised in the present
convention and does not refer to the exceptions in articles 2 and 6, and
that the transportation takes place, in regard to escort, with the aid
of the officials of the country which has . authorized the transit
through its territory. The expenses of transit will he borne by the
country making the demand.
A true copy.
