Today in History:

1329 Series I Volume XLVIII-I Serial 101 - Powder River Expedition Part I

Page 1329 Chapter LX. CORRESPONDENCE, ETC. -UNION.

[Inclosure Numbers 2. -Translation.]

MATAMORAS, December 19, 1864.

Having exclusively in view the prompt administration of justice, the generals commanding the lines of both frontiers have agreed, in order to obviate the crimes committed within their respective territories and jurisdictions, mutually to deliver over persons accused of crimes under certain circumstances, and which are enumerated in the following articles:

ARTICLE I. They agree that when a requisition is made in the name of the generals themselves or through the agents intrusted with the administration of criminal justice in the districts or sub-districts (partidos) of the frontiers, they will mutually deliver over persons accused of the crimes enumerated in the following articles, committed within the jurisdiction of the party making the demand, and which criminals have sought asylum in or are found within the territory of the other.

ART. II. They will be delivered in pursuance of the foregoing article on proper application being made for the persons accused as principals, auxiliaries, or accomplices of any of the following crimes, viz: Homicide, voluntary, including assassinations, parricide, infanticide, and poisoning; assault, with intent to commit murder; mutilation; incendiarism; rape; kidnaping, defined as arresting and carrying off, either by force or under false pretenses, a free person; counterfeiting, including the forging, making, or introducing knowingly or putting into circulation false money, bank bills, or other current paper, with the intention of defrauding any person or persons whatsoever; the introduction of or fabrication of instruments for making counterfeit money; the appropriation or peculation of public funds, or the appropriation of the same, with the pretext of a revolution in the frontier States; theft, robbery, defined not only the taking from the person of another by force or criminal intent, goods or money of whatsoever value, either by violence or intimidation, but also he who commits a breach of trust, abusing the confidence or trust placed in him prior to his transgression; housebreaking, meaning thereby the going to and entering the house of another with criminal intent; cattle stealing and larceny; the taking of effects or movable goods of whatever value.

ART. III. All expenses of detention and extradition which arise from carrying into effect the preceding arrangements will be allowed and paid by the authority of the territory in whose name the requisition has been made.

ART. IV. The articles of the present confidential arrangement will be by no means applicable to crimes of purely a political nature; neither will it comprehend the return of fugitive slaves, nor will it be applied to persons who have committed crimes prior to the 1st day of November of the present year in which this arrangement has been entered into.

ART. V. None of the parties are obliged, under the present arrangement, to deliver over their citizens.

ART. VI. Notwithstanding the conveniences which to the parties arise from the execution of the present arrangements and the probability the parties making them have that in due time they will be formally accepted by their respective Governments, elevating them to solemn treaties, the present, therefore, has no official character, but made purely in confidence between the undersigned commanders, notwithstanding they, in compliance with their duty, privately and reservedly participate, to their Government what they have done in this

84 R R-VOL XLVIII, PT I


Page 1329 Chapter LX. CORRESPONDENCE, ETC. -UNION.