Mr. Guzmán to Mr.
Gresham.
[Translation.]
Legation of Salvador in Washington,
Washington, D. C., August
1894.
Excellency: In obedience to instructions which,
under date of July 2 of the current year, the Government of the Republic
of Salvador has been pleased to communicate to me, and upon the
execution of which it has seen fit to insist by a telegram of yesterday,
of which I had the honor to inform your excellency shortly after
receiving it, I now discharge my duty by addressing your excellency and
presenting to you in original the demands and accompanying documents, as
also a copy, as I am ordered to do by the dispatch aforesaid, all of
which is directed toward requesting the Government of the United States
to be pleased to order the delivery, in compliance with the treaty of
extradition between Salvador and the United States of America, of Don
Antonio Ezeta, Bon Leon Bolaños, Don Jacinto Colocho, Don Juan
Cienfuegos, and Don Florencio Bustamante, fugitive Salvadorean criminals
whose arrest has been ordered by the courts of their country for common
crimes comprised in the said treaty of extradition, and who took refuge
on board the United States vessel of war named Bennington, which had recently anchored in the aforesaid port
of La Libertad.
Of this application, which it is my duty to formally present to your
excellency in the name of the Government of Salvador, I understand that
your excellency is already duly informed by reason of the steps which
were directly taken in the matter by the authorities of Salvador at the
time of the occurrences. For this reason, and in order not to needlessly
disturb your excellency’s attention, I omit to enter upon the
considerations of law and justice which warrant the request and which,
on the other hand, besides being self-evident naturally appear from the
accompanying documents and from the antecedents which I suppose to be in
your excellency’s possession.
Your excellency’s Government, with its accustomed rectitude, win
doubtless do full justice in the matter.
It is gratifying, etc.,
[Inclosure.]
Mr. Castellanos
to Mr. Guzmán.
[Translation.]
Ministry of
Foreign Relations
of the Republic of Salvador,
National
Palace, San
Salvador, July 2, 1894.
Sir: According to the treaty of extradition
made between the United States and Salvador, under date of May 23,
1870, and exchanged in the city of Washington the 2d of May, 1874,
the Governments of both Republics agreed to mutually surrender to
each other individuals who, being convicted or accused of the crimes
specified in said treaty, committed in the jurisdiction of one of
the contracting parties, should seek asylum or be found in the
territory of the other.
In view thereof, and the criminals Antonio Ezeta, Leon Bolaños,
Jacinto Colocho, Juan Cienfuegos, and Florencio Bustamente, having
[Page 571]
taken refuge on the
steamer Bennington of the war marine of the
United States, which was found anchored in the port of La Libertad
in this Republic, when they were prosecuted under accusation of the
crimes of assassination, robbery, and arson, which crimes are
included in clauses 1 and 4 of articled of said treaty, one of the
cases has arisen in which extradition should take place, the vessel
on which they have taken refuge forming part of American
territory.
Proper proceedings having been instituted before the ordinary
tribunals of justice, the guilt of said criminals has been proved
according to the laws of the Republic, as is evidenced by the
authenticated copy of the judicial proceedings which I have the
honor to transmit herewith, and there being no other means of proof
in such cases than the depositions of witnesses, it is beyond doubt
that, according to the laws of the United States, it should also be
considered legally proved.
In compliance then with article 6 of said treaty, you will be pleased
to request of the Government of the United States the surrender of
the specified criminals, transmitting the annexed original petitions
and a copy of this dispatch.
At the proper time you will request that, until the legality of the
extradition is decided on, the steamer Bennington may remain anchored in the port of La Libertad,
for the purpose of facilitating the surrender to the authorities of
said port.
The Government of Salvador does not doubt that the Government of the
United States, in promotion of the agreement which binds both
countries and of the interest which all civilized nations have in
the punishment of atrocious criminals who offend against all
humanity, will accede to the just demand which is made upon it.
You may moreover give assurances that the criminals will be tried by
the tribunals of justice and guaranteed in their natural right of
defense.
Be pleased to inform me immediately of the result of your action, and
accept the assurances of my distinguished consideration.
