By the President of the United States of America.
A PROCLAMATION.
Whereas a Convention between the United States of America and the Netherlands extending to their respective island possessions and colonies the Convention for the extradition of criminals, concluded at Washington on June 2, 1887, was concluded and signed by their respective Plenipotentiaries at Washinton, on the eighteenth day of January, one thousand nine hundred and four, the original of which Convention, being in the English and Dutch languages, is word for word as follows:
The United States of America and Her Majesty the Queen of the Netherlands, having judged it expedient to extend to their respective island possessions and colonies the Convention for the extradition of criminals, concluded at Washington on June 2, 1887, by means of an additional Convention, have to that end appointed as their plenipotentiaries:
- The President of the United States of America: John Hay, Secretary of State of the United States; and
- Her Majesty the Queen of the Netherlands: Baron Willem Alexander Frederik Gevers, Her Majesty’s Envoy Extraordinary and Minister Plenipotentiary to the United States;
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:
[Page 525]Article I.
The provisions of the Convention for the extradition of criminals concluded at Washington June 2, 1887, shall be applicable to the island possessions of the United States of America and the colonies of the Netherlands; but, since they are based upon the law of the mother country, only provided that they are compatible with the laws or regulations in force in those island possessions and colonies, and with the observance of the following stipulations:
Article II.
In addition to the persons mentioned in article II of that Convention, those shall also be surrendered who are charged with or have been convicted of the crime of bribery, provided it be an extradition crime by the laws or regulations in force in the respective island possessions and colonies of the contracting parties, or of the crime of piracy by statute or by the law of nations.
Article III.
Application for the surrender of a criminal may be made directly to the governor or chief magistrate of the island possession or colony in which the criminal has sought refuge, by the governor or chief magistrate of an island possession or colony of the other contracting party, provided that both island possessions or colonies are situated in Asia, or both in America (including the West India Islands); in making such application, the intervention of a consular officer in such a possession or colony may be used, although no modification shall thereby be made in his capacity as a commercial agent. The aforesaid governors or chief magistrates shall have authority either to grant the extradition or to refer the matter for decision to the mother country. In all other cases, application for extradition shall be made through the diplomatic channel.
Article IV.
The beginning of paragraph 2 (in the alternat paragraph 1) of article XII of the Convention of June 2, 1887, shall, as regards the Dutch East Indies, read as follows: “It shall be lawful for anv competent authority,” etc.
Article V.
In the cases of direct application for extradition described in article III of the Convention, the certificate mentioned in the second (first in the alternat) paragraph of the said article XII may be given by the governor or the chief magistrate of the Dutch Colony; the certificate mentioned in the first (second in alternat) paragraph of the last named article, by the Chief Magistrate of the North American island possession. The term of: preliminary arrest provided for in article XII of the Convention of June 2, 1887, shall for the enforcement of this article, be made sixty days.
[Page 526]Article VI.
The present additional Convention shall take effect three months after the exchange of the instruments of ratification. It shall remain in force for six months after a declaration to the contrary, made by one of the two Governments. Nevertheless, it shall be considered to have been denounced by the fact of the denunciation of the Convention of June 2, 1887.
It shall be ratified, and the instruments of ratification shall be exchanged as speedily as possible.
In testimony whereof, the respective plenipotentiaries have signed the present convention, in duplicate and have hereunto affixed their seals.
Done at Washington in the English and Dutch languages, on the eighteenth day of January in the year of our Lord nineteen hundred and four.
John Hay [seal.]
Gevers. [seal.]
And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the twenty-eighth day of May, one thousand nine hundred and four;
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
By the President:
John Hay
Secretary of State.