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File No. 363.117/8.
The Secretary of State to the American Chargé d’:1ffaires. No. 318.)
DEPARTMENT OF STATE,
Washington, August 26, 1913. Sir: The Department has received your despatch No. 514, of August 4, 1913, transmitting a copy of your note of August 2nd to the Austro-Hungarian Foreign Office protesting against unwarranted arrests of naturalized American citizens in Austria-Hungary.
The Department approves of your note and hopes that it may have the desired effect. I am [etc.]
For the Secretary of State:
J. B. MOORE.
eign OSPY OF Tour dgton, A
File No. 363.117R271/2.
The American Chargé d'Affaires to the Secretary of State. No. 528.]
Vienna, September 4, 1913. Sir: In reply to the Department's No. 305 of July 16, 1913, instructing this Embassy to ask for the immediate return of the naturalization certificate and a bond taken from Julius Reich at the time of his arrest on June 2nd for alleged evasion of military service, I have the honor to report that the Embassy is in receipt of a notice from the Foreign Office stating that the certificate of naturalization and the bond of 200 crowns were returned to Julius Reich on July 16th of the present year. I have [etc.]
MESSAGE OF THE PRESIDENT, MARSHAL HERMES R. DA FONSECA,
TO THE CONGRESS, MAY 3, 1913.
File No. 832.032/5.
The American Ambassador to the Secretary of State.
(Extract.) No. 175.]
Rio de Janeiro, May 17, 191.3. Sir: I have the honor to enclose herewith, for the Department's information, two copies of the annual message of the President of Brazil addressed to the National Congress on May 3, 1913, the day of the opening of the regular session of that body. I have [etc.]
EDWIN V. MORGAN.
Message of the President.
The American Ambassador, in a note of January 21, 1913, suggested to our Foreign Otlice that it would be desirable, for strengthening the traditional friendship that unites Brazil to the United States, that the statesmen of the two countries should cultivate personal relations with each other, thus emphasizing the benefits produced by the visit which the Secretary of State, Mr. Elihu Root, made to us in 1906 on the occasion of the Third International American Conference,
To this end the Ambassador stated that he was instructed to say that if the Government of Brazil found it suitable to appoint the Minister for Foreign Affairs to return the visit of Secretary Root, he would be very cordially and affectionately received as the guest of the American Nation, which would endea vor to give him the opportunity to become acquainted with that country under the most favorable auspices in so far as the period of his visit would permit.
Since Mr. Taft's term of office would expire on March 4, and he would be succeeded by the President-elect, Mr. Wilson, the Ambassador's note added that the Administration that had the honor and pleasure of extending this invitation to our Minister, would not be the one officially to welcome him upon his arrival; but that the Administration of President Wilson, who would then have been inaugurated, would doubly esteem that visit in case it should occur in the months of March and April, thus evidencing the desire of the Brazilian Government to salute the new Administration immediately upon its taking office, and to establish personal relations with the American Executive and the statesmen who would direct the public affairs of the United States during the ensuing four years.
In a note of April 18, 1913, our Ambassador stated to the Minister of State for Foreign Affairs that the Administration of President Wilson had shown the same cordial appreciation in regard to his visit to the l'nited States as the Administration of his illustrious preçlecessor bad manifested, and that the Secretary of State, Mr. Bryan, would take satisfaction in receiving the visit of our Minister in his official capacity whenever it might be convenient for him.
Accepting this gratifying invitation, the Brazilian Government resolved that Doctor Lauro Müller, in his official character as Minister of State for Foreign Affairs, should visit the great American Nation, in recognition of the visit of Mr. Root, made to our commtry in 1906. He will leave in a few days to discharge this national mission.
The proceedings relating to sales of coffee from the valorization stock, instituted in the United States, have been happily ended and the two Governments bare arrived at i understanding whereby the existing stock can be placed on the market without valorization. Through the medium of our Embassy at Washington our Foreign Office declared that the sales had been bona fide, whereupon the Attorney General of the l'uited States, satisfied with that assurance, also declared that the American Government would not prosecute the matter further.
Brazil took real pleasure in welcoming the Delegates of the American Republics to the International Commission of Jurists created by the ('onvention of August 23, 1906, signed in Rio de Janeiro' during the Third International American ('onference. The commission met from June 26 to July 19, in this city, and the Delegates of seventeen Nations were present at the opening session, nalljely those of the United States of America, Argentina, Chile, ('olombia, Costa Rica, Ecuador, Guatemala, Mexico, Panama, Paraguay, Peru, Salvador, Uruguay and Brazil; and, at a later session, those of ('uba, Bolivia and Venezuela. The Dominican delegate, Mr. Americo Lujo, did not take part, being still en voyage on the closing day. And we regret that the Delegates of Ilaiti, Honduras aud Nicaragua were not present.
The Commission held six ordinary sessions besides the preparatory, inaugural and closing sessions. At the inaugural session Doctor Lauro Müller, Minister of Siate for Foreign Relations, was made Ilonorary President, iud Doctor Epitacio l'essóa, the Brazilian Delegate, was elected President.
Of the special committees appointed by the International Commission of Jurists, there are at work those of Rio de Janeiro, Montevideo, Santiago de (hile, and Buenos Aires; those of Washington and Lima have not yet convened.
The law No. 2416 of June 28, 1911, regulates extradition of nationals and foreigners and the prosecution and sentence thereof when perpetrators, outside of this country, of any of the crimes mentioned in the law, and Article 12 provides that upon the promulgation of the law copies be sent to all the Nations having relations with Brazil, all existing treaties of extradition being terminated. By virtue of this provision copies of the law were sent to the interested Gov. pruments and the existing treaties terminated by our Government. At the date of this law the following Acts relative to extradition were in effect : * * * with the United States of America: the Treaty of May 14, 1897, and the annexed Protocols of May 28, 1898, and ·May 29, 1.901. The Treaty and the two Protocols were denounced on January 23, 1913, by a note of our Embassy at Washington: as the provision for terminating thein is for a period of six months, · the three Acts will cease to be in effect on July 23 of this year.
The Fifth Annual Conference of the Southern Commercial Congress, with its seat at Washington, will meet at Mobile, Alabama, in the fall of 1913, on the occasion of the opening of the Panama (anal. The Delegate of Brazil is our Consul General in New York, Mr. Manuel Jacinthio Ferreira da Cunha.
EXTRADITION TREATY OF 1897 AND PROTOCOLS OF 1898 AND 1903 BETWEEN THE UNITED STATES AND BRAZIL 1 TERMINATED BY BRAZIL, JULY 23, 1913.
File No. 211.32/2.
The American Ambassador to the Secretary of State.
1 . Petropolis, August 28, 1911. Sir: Referring to the Department's instruction No. 294, of May 13, 1911,- I have the honor to report that, on June 28, 1911, the bill regulatirig extradition in this country, of which I'forwarded a copy with
'For the texts see For, Rel. 1903, pp. 27-33.
2 kiot printed.
my No. 444 of November 28, 1909,1 became a law without amendment. Two copies and translations of the statute are herewith enclosed. The passage of the act was wholly unexpected by the interested missions in view of the confident prediction made at the Foreign Office (see my No. 591, of September 12, 1910 ) and the attitude of the Foreign Minister in opposition to its passage last year.
Article 12 of the statute requires that all existing treaties of extradition shall be denounced, and I was informed on the 25th instant by Baron do Rio Branco, the Foreign Minister, of his Government's intention, accordingly, to terminate all such treaties. The DirectorGeneral of the Foreign Office, whom I saw later the same afternoon, stated, however, that the notices of intention to abrogate would not be issued until after a decision was made by the Supreme Federal Tribunal respecting the constitutionality of the statute. I have [etc.]
IRVING B. DUDLEY.
Brazilian Ertradition Statute No. 2/16, of June 28, 1911. The President of the Republic of the United States of Brazil:
I make known that the National Congress has decreed and that I hare sanctioned the following law :
Article 1. The extradition of nationals and foreigners is permitted :
Section 1. The extradition of nationals will be conceded when, by law or treaty, the demanding country guarantees to Brazil reciprocity of treatment.
Section 2. Lack of reciprocity will not prevent extradition in the case of naturalization following the act which leads to the request of the country where the offense has been committed.
Article II. Extradition cannot be granted in the following cases:
Section 1. When the crime is not punishable, according to Brazilian law, by imprisonment of one year or more, including the attempt, the participation and the complicity;
Section 2. When the person to be extradited is being tried, or has already been condemned or acquitted, by the Judicial Power of Brazil, for the same infraction which has led to the petition ;
Section 3. When the crime or the penalty has already [been?) prescribed according to the law of the demanding conntry.
Section 4. When the accused has to answer, in the country requesting extradition, before some judge or court of exception;
Section 5. When the infraction is :
The allegation of political ends or motives shall not prevent extradition when the deed constitutes principally an ordinary infraction of the penal law.
The Supreme Federal Tribunal in taking cognizance of the request shall particularly determine the nature of the infraction.
Extradition having been granted, delivery will not be made except on condition that the coumtry requesting the extradition shall guarantee that a political end or motive shall not concur to aggravate the penalty.
Article III. When the accused, against whom the request has been made, is being tried or is subject to a prison penalty or other penalty consequent upon his trial, for another act committed in Brazil, his extradition will be decided in accordance with the stipulations of this law, but the delivery will be effected after the conclusion of the trial or the termination of the sentence,
Article IV. If the penalty, which the person to be extradited will- incur, be that of death or corporal punishıment, according to the laws of the de
1 Not printed.
manding country, extradition will be granted only on condition that said penalty be commuted to one of imprisonment.
Article 1. Extradition having been graunted, the demanding country must agree not to charge the person extradited, except for an act or the acts for shich his delivery is granted, unless, however, the accused freely and expresslr consents to be tried for those other acts or if, when placed at liberty, he reirains in the territory of the demanding State for a period exceedling one month.
Article VI. The demanding State may not, without the consent of the State of which the request is made deliver the extradited person to a third State which may claim bim except under the last exception designated in the pre(eting article.
Article VII. In case requests for extradition are made by different countries for the sime person, if involving the same infraction, the request of the country in whose territory the infraction was committed shall be preferred; in case other acts are involved, the request which has to do with the most serious infruction will be preferred; in case the infractions are of equal gravity, that Siate will be granted the preference which shall first have made the request for delivery. In the last two cases extradition may be arranged for later delivery to the other demanding countries.
Article VIII. Extradition shall be requested through diplomatic channels, the request being accompanied by il copy or authenticated statement of the sentence of condemnation or the warrant or the minutes of the criminal pro(ndings, issued by the proper judge. These documents must contain a precise description of the delinquency, the place and date on and in which it was committed, and must be accompanied by copies of the texts of the laws applicable to the crime.
Article IX. The Jinister for Foreign Affairs will transmit the request to the Minister of the Interior who will take steps looking to the arrest of the p*rson to be extradited and for his appearance before the Supreme Federal Tribunal.
Sole Section. In urgent cases, provisional arrest may be effected as a precautionary measure and the accused held for sixty days during which time the country making the request shall present to the country of which the request is made a formal demand duly authenticated.
Article X. No request for extradition will be granted without the previous decision of the Supreme Federal Tribunal as to the legality and propriety of the same.
l'pon the arrest of the person to be extradited, all the documents referring to the petition shall be sent to the Supreme Federal Tribunal, from whose decision there shall be no appeal.
The person to be extradited, who will be brought before the Tribunal, may be accompanied by a lawyer, his defense being a denial that he is the person songht, formal defects in the documents presented, and as to the legality of the extradition.
Article XI. If, within twenty days after the date of the granting of the extradition and notice to the effect that the person to be extradited is at the disposition of the demanding country, the diplomatic agent of the said country fail to place the fugitive in transit to the demanding country, the prisoner shall be set at liberty and never again subjected to arrest for the same cause of extradition.
Article XII. After publication of this law its text shall be transmitted to all countries with which Brazil maintains relations and all treaties of extradition still in force shall be abrogated.
Article XIII. Brazilians, even out of the Republic, may be tried and sentenced when, in foreign lands, they commit any of the crimes:
11) Against the independence, integrity and dignity of the native land (Penal Cute, articles S7, 92, 94, 98, 101, 102 and 104);
lo Against the Constitution of the Republic and the form of its government (Penal ('ode, Articles 107 and 108);
c) ('ounterfeiting (Penal Code, articles 239 and 243);
d) Forgery of securities of the Federal Government, of the States and of Rinks (Penal Code, articles 245 and 250).
Sprtion 1. The judgment against such criminals however become[s] effective only on their return, of their own accord or by extradition, to the country.