Papers Relating to the Foreign Relations of the United States, 1922, Volume I

211.18/14

The Chargé in Costa Rica ( Thurston ) to the Secretary of State

San José , October 27, 1921 .
[Received November 9.]

No. 230

Sir: I have the honor to refer to the Department’s instruction number 35, of July 14, 1921, (file number 211.18/13) and to report that the Government of Costa Rica has expressed its readiness to conclude with that of the United States a Treaty of Extradition based upon the Treaty of Extradition between the United States and Spain—which was proposed by the Department as a model.

However, the Costa Rican Minister for Foreign Affairs has suggested certain modifications and amendments of the Treaty among which is one which I believe to be unacceptable. This proposed alteration consists of an amendment to Article IV of the draft, worded as follows: “In no case shall the death penalty be applied to the criminal delivered by virtue of extradition in accordance with the rules of this Treaty”.

Another alteration which I believe undesirable is the proposed omission of Clause 3 of Article II, relating to rape and carnal knowledge of children under the age of twelve years.

A third alteration of a possibly objectionable character is the proposed elevation from 200 dollars to 1,000 dollars of the minimum amount criminally involved, as specified in several clauses of Article II.

While the Department did not furnish me instructions which would apply to the action of the Government of Costa Rica in proposing changes in the model treaty submitted, nevertheless I discussed with the Minister for Foreign Affairs the probable objections which would be opposed to his suggested alterations, and was informed by him that he would withdraw them if necessary to insure the negotiation of the Treaty. He requested me to submit to him in writing my opinion on the alterations, which I did. It is improbable that I shall receive his reply before the dispatch of this mail. I am confident, however, that the amendment concerning the death penalty will be withdrawn, and that the other proposed changes will be modified.

Copies of my first note to the Minister for Foreign Affairs, his reply, his draft of the proposed Treaty, a partial translation of same showing departures from the wording of the model Treaty with Spain and my note confirming my oral exposition of possibly unacceptable innovations in the Minister for Foreign Affairs’ draft are transmitted herewith for the Department’s information.³

I have the honor to state that my statements to the Minister for Foreign Affairs were only made after careful study of “Moore on Extradition”, and I venture to hope that my representations meet with the Department’s approval. If so, I respectfully recommend that full power to sign the Treaty be forwarded to me upon receipt of this despatch, to be used subject to the Department’s cabled instructions when informed of the withdrawal of the Minister for Foreign Affairs’ proposed changes.

I have [etc.]

Walter C. Thurston

[Enclosure]

Partial Translation of Draft Treaty Submitted by the Costa Rican Minister for Foreign Affairs, Showing Departures from Model Treaty with Spain

Article I

Same.

Article II

Preamble—same.

1. … infanticide, as well as the attempt to commit these crimes and frustrated crimes.

2. Included in 1.

3. Omitted.

4. Omitted.

5. Arson, in case it is punishable by imprisonment.

6. Same.

7 to 10. Same.

11. Forgery or the utterance of forged papers, when the amount of the damage exceeds one thousand dollars or its equivalent at the legal rate in Costa Rican money.

12. Same.

13. Same.

14. Same—amount raised to $1,000.

15. Same—amount raised to $1,000.

16. Same.

17. Same—amount raised to $500.

18. Same—amount raised to $1,000.

19. Omitted.

20. Same—amount raised to $1,000.

21. Same.

22. Same.

Article III

Same to line 16,⁵ then altered as follows: … against the life of the Sovereign or Head of a foreign State, or against the President of either of the signatory Republics, shall not etc.

Article IV

Same—with following amendment: “In no case shall the death penalty be applied to the criminal under the terms of this Treaty.”

Article V

Same.

Article VI

Same.

Article VII

Same.

Article VIII

Amended as follows: “In each Republic, according to their respective laws, shall the citizenship of the delinquent be determined.”

Article IX

Same.

Article X

Same.

Article XI

(Changed wording underlined [italicized])

The stipulations of this Convention shall be applicable to all territory, whatever may be its situation, belonging to one or the other of the contracting parties or which may be occupied and under the jurisdiction of the same.

Paragraph 2, line 10,⁶ “Spain” omitted.

Paragraph 2, line 12,⁷ “other than the United States” is omitted.

Article XII

Same.

Article XIII

Same.

Article XIV

(Changed wording underlined [italicized])

This Treaty must be submitted for approval in the form prescribed by the laws of the two countries and shall take effect etc. The ratifications shall be exchanged in San José of Costa Rica or in Washington as soon as possible.

3. The only enclosure printed is partial translation of treaty.
5. Line 8, in Foreign Relations, 1908, p. 729.
6. Line 5, ibid., p. 727.
7. Line 6, ibid.