Mr. Gresham to Mr.
Guzmán.
Department of State,
Washington, August 11,
1894.
Sir: I have the honor to acknowledge the
receipt of your note of the 9th instant, in which, pursuant to
instructions from the Government of Salvador, you request the
extradition of Bon Antonio Ezeta, Leon Bolanos, Jacinto Colocho, Juan
Cienfuegos, and Florencio Bustamente, now in the jurisdiction of this
country, accused of crimes committed in Salvador. With your note are
copies of the warrant for the arrest of the parties named, issued in
Salvador, also certain documents which you refer to as establishing
their guilt.
In reply I beg to remind you that under the treaty between this country
and Salvador and the statutes of the United States extradition can only
be granted, in pursuance of a judicial investigation. I herewith
transmit to you a preliminary warrant, addressed to judicial officers
authorized to hear applications extradition. The proceedings should be
commenced by the application of some authorized official of your country
before a United States commisioner or other competent judicial authority
in the locality where the persons whose extradition
[Page 572]
is desired may be. Such commissioner or
other competent judicial officer, on receiving the application properly
authenticated, will issue his warrant and the evidence of guilt should
then be presented to him.
The papers inclosed by you as evidence of the guilt of Ezeta and the
other persons named should be presented to the commissioner or other
judicial officer before whom the proceedings are instituted.
Inasmuch as the papers you inclose are only authenticated by the minister
for foreign affairs of Salvador, I deem it proper to inform you that, in
order to insure their admission by the examining officer, some further
authentication may be required.
Accept, etc.,
[Inclosnre.]
preliminary warrant.
To any justice of the Supreme Court of the United States; any judge
of the circuit or district courts of the United States in any
district; any judge of a court of record of general jurisdiction in
any State or Territory of the United States, or to any commissioner
specially appointed to execute the provisions of Title lxvi of the Revised Statutes of the United
States, for giving effect to certain treaty stipulations between
this and foreign governments, for the apprehension and delivering up
of certain offenders:
Whereas pursuant to existing treaty stipulations between the United
States of America and Salvador for the mutual delivery of criminals,
fugitives from justice in certain cases, Dr. Horacio Guzmán, envoy
extraordinary and minister plenipotentiary of the Republic of
Salvador, accredited to this Government, has made application in due
form, to the proper authorities thereof, for the arrest of Antonio
Ezeta, Leon Bolaños, Jacinto Colocho, Juan Cienfuegos, and Florencio
Bustamante, charged with the crimes of murder, robbery, and arson,
and alleged to be fugitives from the justice of Salvador, and who
are believed to be within the jurisdiction of the United States;
And whereas it appears proper that the said Antonio Ezeta, Leon
Bolanos, Jacinto Colocho, Juan Cienfuegos, and Florencio Bustamante
should be apprehended, and the case examined in the mode provided by
the laws of the United States aforesaid:
Now, therefore, to the end that the above-named officers, or any of
them, may cause the necessary proceedings to be had, in pursuance of
said laws, in order that the evidence of the criminality of the said
Antonio Ezeta, Leon Bolaños, Jacinto Colocho, Juan Cienfuegos, and
Florencio Bustamante may be heard and considered, and, if deemed
sufficient to sustain the charge, that the same may be certified,
together with a copy of all the proceedings, to the Secretary of
State, that a warant may issue for their surrender, pursuant to said
treaty stipulations. I certify the facts above recited.
In testimony whereof I have hereunto signed my name and caused the
seal of the Department of State to be affixed.
Done at the city of
Washington
this
11th day of August, A. D. 1894, and of the independence of
the United States the one hundred and
nineteenth,
[
l.s.]
W. Q. Gresham,
Secretary of
State.
