File No. 211.32/6.
The American Ambassador to the Secretary of Slate.
Rio de Janeiro, July 29th, 1913.
Sir: In amplification of my telegram of July 27th, which related to the recent publication in the Official Gazette of an executive decree denouncing our treaty of extradition with Brazil, signed on the 14th of May, 1897, together with the protocols and annexes of May 28th, 1898, and May 29th, 1901, I have the honor to report as follows:
The Embassy had received no information either from the Department or from the Brazilian Foreign Office that Brazil had in mind the denunciation of this treaty. It was, therefore, with surprise that I received a Foreign Office note, a translation of which forms the first enclosure of this despatch, in which I was informed that the Government of Brazil had determined to sanction and promulgate the law which the Brazilian Congress voted on the 28th of June, 1911, (a copy of which was enclosed with Mr. Dudley’s despatch No. 758, of August 28th, 1911) which regulated the manner in which Brazilians and foreigners should be extradited as well as the mode of their trial when they should have committed crimes abroad enumerated in the body of the said law. The note also stated that the 12th clause of the law provided not only that its text should be transmitted to those countries which maintained relations with Brazil but also, that all existing extradition treaties should be cancelled in order that those which hereafter should be negotiated might be uniform and might be framed in accordance with the provisions of the law.[Page 31]
I was also informed that these two provisions had already been carried into effect.
Moreover, the note went on to state:
The provisions of the law are sufficient in themselves to guarantee that in cases where the Government of Brazil shall address petitions for extradition to other countries, reciprocity in treatment of such petitions shall be afforded. Nevertheless, for the satisfactory settlement of details, it has been found convenient that new treaties shall be concluded.
In order to attain this end, I have drawn up the enclosed project, based upon the articles and principles established by the above-mentioned law. I ask Your Excellency to submit this project to your Government so that, after careful examination, it may express its opinion upon it, informing me whether it is acceptable in its present form or whether slight modifications should be inserted which would not be antagonistic to the said articles and principles of the law of June 28th, 1911.
Enclosed with this note was a printed draft of a treaty of extradition, a copy of which, together with the translation, I have the honor to enclose.
On the same day on which the above note reached the Embassy, the Diario Official printed an executive decree of the 23rd of July stating that the President of Brazil made public the fact that from that day he had denounced the treaty of extradition between Brazil and the United States, together with its protocols and annexes. A translation of the text of this decree is also herewith enclosed.
Beyond formally acknowledging the receipt of the above mentioned note, I have not communicated on the subject of the extradition treaty with the Foreign Office, preferring to await any instructions which you may see fit to give me.
I have [etc.]