No. 442.
Mr. Lowell to Mr. Evarts.
United
States Legation,
Madrid, February 11,
1879. (Received March 1.)
No. 148.]
Sir: I have the honor to report that on the
afternoon of Christmas day, 1878, General F. A. Starring called upon me
with the necessary papers for the extradition of one Angell, arrested in
Lisbon on a charge
[Page 937]
of
embezzlement in the United States, and requested me to ask of the
Spanish Government to allow his transport across Spanish territory
should it prove necessary.
I informed General Starring that nothing could be done on that day, but
that I would call upon the secretary of state for foreign affairs on the
morrow, and state the case to him.
This I accordingly did, and that gentleman at once granted my request in
the most courteous manner, and caused the necessary orders to be issued,
on the understanding that I should make my wishes known to him in
writing at my convenience. I did so on the same afternoon, receiving his
answer the next day, and acknowledging it with a note of thanks. A copy
of my note, and a copy and translation of his reply, with a copy of my
acknowledgment, are appended.
* * * * * * *
I have, &c.,
[Inclosure 1 in No.
148,]
Mr. Lowell to
Mr. Silvela.
Madrid, December 26,
1878.
Excellency: A certain Angell, guilty of
embezzlement, and under indictment in the United States for that
offence, has been arrested in Lisbon. The Government of Portugal
(although no treaty of extradition has been concluded between that
country and the United States) has consented to the arrest and and
delivery of the criminal.
The Secretary of State has deputed General F. A. Starring, because,
having known the prisoner, he will be satisfactorily able to
identify him, to take charge of and convey him to the United States
for trial.
As it may be necessary to convey the said prisoner through the
territory of His Catholic Majesty, I venture to ask your excellency,
as a matter of international comity, that you would grant permission
for that purpose, should there be occasion for it, and would issue
the necessary orders for the purpose.
I beg to assure your excellency that I have seen the papers in the
case, and that everything has been done in conformity with the
treaty of extradition now in force between the United States and
Spain.
I gladly avail myself of this occasion to offer to your excellency a
renewed assurance of my most distinguished consideration.
[Inclosure 2 in No.
148.]
Mr. Silvela to
Mr. Lowell.
Palace, December 26, 1878.
Excellency: I have received your
excellency’s note of yesterday’s date, in which you solicit in the
name of your government permission granted to transport through
Spanish territory a person named Angell accused of embezzlement, and
who is to be sent from Lisbon to the United States in the custody of
General F. A. Starring. Having read it and considering that, as your
excellency affirms, in this case all the prescriptions required by
the convention in force between Spain and the United States to
regularize a demand for extradition have been complied with, the
Spanish Government has the greatest pleasure in acceding to this
request, and the necessary orders will be issued by the minister of
gobernacion that a force of the civil guard be on the frontier to
take charge of the prisoner, and render aid to the general in charge
of him.
In having the honor to communicate this to your excellency, I cannot
do less than indicate the propriety of your notifying me the port of
the peninsula to which he is to be shipped for his destination in
order that proper orders be given to the authorities at the point of
transit.
I avail myself of this occasion to renew to your excellency the
assurance of my most distinguished consideration.
[Page 938]
[Inclosure 3 in No.
148.]
Mr. Lowell to
Mr. Silvela.
Madrid, December 27,
1878.
Excellency I have the honor to acknowledge
the reception of your excellency’s note of yesterday authorizing
(should it be necessary) the passage over Spanish soil of a criminal
now under arrest at Lisbon.
I beg to assure your excellency that this prompt act of international
comity cannot fail to be warmly reciprocated by the government I
have the honor to represent.
I directed the officer who is to take charge of the criminal to
notify me by telegram of the route he intended to follow, and shall
hasten to inform your excellency thereof, in compliance with your
request.
I gladly avail myself, &c.,
