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The Government of the King would be equally obliged to your excellency if you would undertake to secure the necessary steps for obtaining the consent of the Government of Salvador. Accept, etc.,
Mr. Tay to Mr. Brun. No. 351.]
DEPARTMENT OF STATE,
Washington, October 25, 1901. Sir: I have the honor, in reply to your note of the 19th instant, to inform you that I have to-day instructed the minister of the United States to Salvador to afford his protection to Danish subjects and interests in the Republic named.
Mr. Merry's protection will consist of the exercise of his good offices with the assent of the Government of Salvador, and will, of course, involve no assumption of representative functions on behalf of the Government of Denmark. Accept, etc.,
Mr. Brun to Mr. Ilay.
Washington, December 2, 1901. MR. SECRETARY OF STATE: Referring to the note which I had the honor to address to your excellency dated October 19 last, relative to the protection of Danish subjects and interests in the Republic of Salvador (Central America) by the diplomatic and consular representatives of the United States in that country, I hasten to inform you that my Government has most gratefully received the communication on this subject contained in your excellency's note of the 25th of October last.
My Government ventures to hope to receive a further communication from your excellency as soon as the necessary consent on the part of the Government of Salvador has been obtained, and will afterwards make it known to the Danish subjects residing in the said Republic. Accept, etc.,
Mr. Ilay to Mr. Brun.
DEPARTMENT OF STATE,
Washington, December 10, 1901. Sır: I have the honor to acknowledge the receipt of your note of the 2d instant, stating that the Danish Government will issue a notice to Danish subjects in Salvador that they have been placed under the protection of the United States, as soon as it is informed that the Salvadorean Government assents to such protection.
In reply I have the honor to inform you that no reply to the Department's instruction of October 25 to the United States minister to Salvador having yet reached the Department, the minister's attention has been recalled to the matter in an instruction addressed to him this day. Accept, etc.,
Mr. Hay to Mr. Brun.
DEPARTMENT OF STATE,
Washington, March 7, 1902. Sir: Referring to your note of October 19 last and to subsequent correspondence on the subject, I have now the honor to inform you that the minister of the United States accredited to Nicaragua, Costa Rica, and Salvador advises the Department, under date of February 20, 1902, that the Government of Salvador gives its consent to the exercise of good offices by United States oflicers in that country on behalf of Danish subjects residing therein, with the same restrictions and in the same form as their exercise is permitted respecting Chinese subjects.
In the case of Chinese subjects, it was understood that good offices by the minister and consular officers were to be extended without assumption of any representative function as agents of China, their efforts being confined to merely intervening in case of need for the protection of Chinese subjects in their persons or property from unjust or harsh treatment, and that consequently United States officers so acting could not originally certify to the fact of Chinese citizenship for a passport, or other documentary attestation to that end, which could only be issued by a responsible agent of the Chinese Government. A form of certificate to be used by the minister and the consul at San Salvador was prepared, after consultation with the minister for foreign affairs of Salvador, to correctly express the character of the protection afforded, in the following words: I, of the United States of America, certify that
claims to be a subject of the Emperor of China, resident in Salvador, and that upon proving his status as such Chinese subject he is under the protection of the Government of the United States and entitled to the good offices of the diplomatic and consular officers thereof in case of need, in pursuance of an understanding between the Governments of Salvador and China to that end.
The United States officers have been instructed to take the same course with regard to Danish subjects. Accept, etc.,
Mr. Brun to Mr. Hay.
Washington, May 5, 1902. MR. SECRETARY OF STATE: I have the honor, by direction of his excellency the minister of foreign affairs of Denmark, to express to your excellency the sincere thanks of the Government of the King for the kindly reception given by the United States Government and by the minister of the United States to San Salvador, to the request of my Government touching the protection of Danish subjects and interests in the Republic of Salvador by the diplomatic and consular officers of the United States. Be pleased to accept, etc.,
TREATY BETWEEN THE UNITED STATES AND THE KINGDOM OF DENMARK FOR THE EXTRADITION OF FUGITIVES FROM JUSTICE.
Signed at Washington, January 6, 1902.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas a Treaty between the United States of America and the Kingdom of Denmark providing for the extradition of criminals was concluded and signed by their respective Plenipotentiaries at Washington on the 6th day of January, one thousand nine hundred and two, the original of which Treaty, being in the English and Danish languages, is word for word as follows:
The United States of America and his Majesty the King of Denmark, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries:
The President of the United States of America, John Hay, Secretary of State of the United States; and His Majesty the King of Denmark, Mr. Constantin Brun, Commander of the Order of Dannebroge and decorated with the Cross of Honor of the same Order, His Majesty's Chamberlain and Envoy Extraordinary and Minister Plenipotentiary at Washington; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
The Government of the United States and the Government of Denmark mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, sball seek an asylum or be fouud within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offense had been there committed.
Extradition shall be granted for the following crimes and offenses:
1. Murder, comprehending assassination, parricide, infanticide, and poisoning; attempt to commit murder; the killing of a human being, when such act is punishable in the United States as voluntary manslaughter, and in Denmark as manslaughter.
3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods, by violence or putting him in fear; burglary, also housebreaking or shopbreaking.
4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of government, of public authorities, or of courts of justice, or the utterance of the thing forged or falsified.
5. The counterfeiting, falsifying or altering of money whether coin or paper, or of instruments of debt created by national, state, provincial or municipal governments, or of coupons thereof, or of banknotes, or the utterance or circulation of the same; or the counterfeiting, falsifying or altering of seals of state.
6. Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny; obtaining money, valuable securities or other property by false pretenses, or receiving money, valuable securities, or other property, knowing the same to have been embezzled, stolen or fraudulently obtained, when such act is made criminal by the laws of both countries and the amount of money or the value of the property fraudulently obtained or received is not less than $200. or Kroner 740.
7. Fraud, or breach of trust by a bailee, banker, agent, factor, trustee or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of the countries, and the amount of money or the value of the property misappropriated is not less than $200. or Kroner 740.
8. Perjury; subornation of perjury. 9. Rape; abduction; kidnapping.
10. Malicious destruction of, or attempt to destroy, railways, trains or cars, bridges, dwellings, public edifices, or other buildings, when the act endangers human life.
11. Crimes committed at sea:
(b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.
(c) Wrongfully sinking or destroying a vessel at sea, or attempting to do so.
(d) Assault on board a ship on the high seas with intent to do grievous bodily harm.
12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading.
13. Procuring abortion.
Extradition is also to take place for participation in any of the crimes and offenses mentioned in this Treaty, provided such participation may be punished in the United States as a felony, and in Denmark by imprisonment at hard labor.
Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers.
If the person whose extradition is requested shall have been con victed of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely
FR 1902, PT 1-24
charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upor, which such warrant was issued, shall be produced.
The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in Denmark respectively, in conformity with the laws regulating extradition for the time being in force in the state on which the demand for surrender is made.
When the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proofs, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Danish Gov. ernment before a judge or other magistrate authorized to issue warrants of arrest in extradition cases.
In the Kingdom of Denmark the diplomatic or consular officer of the United States shall apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest and detention of the fugitive.
The provisional detention of a fugitive shall cease and the prisoner be released, if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this Convention, within two months from the date of his provisional arrest or detention. .
Neither of the contracting parties shall be bound to deliver up its own citizens, born or naturalized, under the stipulations of this Convention.
A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character. No
person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished for any political crime or offense, or for any act connected therewith, committed previ. ously to his extradition.
An attempt against the life of the head of either Government, or against that of any member of his family, when such attempt comprises the act either of murder or assassination, or of poisoning, shall not be considered a political offense or an act connected with such offense.
If any question shall arise as to whether a case comes within the provisions of this Article, the decision of the authorities of the goyernment on which the demand for surrender is made, or which may have granted the extradition, shall be final.
Extradition shall not be granted, in pursuance of the provisions of this Convention, if legal proceedings or the enforcement of the pen