* evident that the whole of the army stationed at Quito had abandoned the President, Gen. Eloy Alfaro, and gone over to President-elect Emilio Estrada. The only body of troops remaining loyal was stationed on the outskirts of the city. After a skirmish in which they lost about 25 dead and wounded this body of troops also went over to the insurgents. * * * Late in the day it was learned that *. * President Alfaro * * * had taken refuge in the Chilean Legation. The whole of the President's Cabinet and Gen. Flavio Alfaro, Estrada's chief opponent [in the January elections], were captured and put in the penitentiary. The Chilean minister prepared a note, which was signed by the Colombian, Chilean, American, and Brazilian ministers and by the British chargé d'affaires, which recited that desiring to avoid further bloodshed and actuated by motives of humanity the undersigned requested Gen. Páez [commanding the troops stationed at Riobamba and Ambato, who had remained loyal to President Eloy Alfaro] to delay his march on Quito until the Government could appoint a commission to treat with him. This note was delivered to Gen. Páez by the secretary of the Colombian Legation. [He assented and] a commission consisting of the Brazilian minister, representing the diplomatic corps, and the provisional minister of the interior, representing the Government, was sent to treat with Gen. Páez, on August 13. They returned to Quito the next day and reported that terms had been agreed on and Gen. Páez was moving his troops back to their original position. The total number of dead and wounded from the disorders of the 11th is estimated to be between 200 and 300, mostly Indians. * * * Everything is now quiet. The Provisional Government has shown itself able to maintain order. No. 8. AUGUST 22, 1911. ** * The resignation of President Alfaro was presented to Congress and promptly accepted by that body. A review of the election of last January was then undertaken, and in due time its results-102,000 votes for Estrada as against 3,000 for Gen. Alfarowere announced, and Emilio Estrada was duly declared to have been legally and constitutionally elected President of the Republic. I regret to report the death last night of His Excellency Don Emilio Estrada, president of the Republic. YOUNG. The President to the Acting President of Ecuador. [Telegram.] THE WHITE HOUSE, Washington, December 22, 1911. Having learned with deep regret of the death of President Estrada, I beg your excellency to accept the expression of my profound sympathy and that of the Government and people of the United States in the loss which you and the Ecuadorian nation have sustained in the death of a statesman whose lofty and patriotic purposes could not but merit and gain my appreciation. I should be thankful to your excellency if you would be so good as to convey to Madam Estrada the expression of personal sympathy of Mrs. Taft and myself in her bereavement. WILLIAM H. TAFT. File No. 822.001/26. The Acting President of Ecuador to the President. [Telegram.] THE NATIONAL PALACE, I heartily thank your excellency for your telegram of condolence on the occasion of the death of the President of the Republic. The Government and people of Ecuador are also profoundly grateful for the evidence of your sympathy and that of the American Government and nation. I have the honor of conveying your excellency's sentiments to the widow of the illustrious decedent. CARLOS FREILE Z. FRANCE. EXTRADITION TREATY BETWEEN THE UNITED STATES AND FRANCE. Signed at Paris January 6, 1909. Ratification advised by the Senate, with amendment, April 5, 1909. Ratified by France June 27, 1911. Ratifications exchanged at Paris June 27, 1911. Proclaimed July 26, 1911. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a treaty between the United States of America and the French Republic providing for the mutual extradition of fugitives from justice was concluded and signed by their respective plenipotentiaries at Paris on the sixth day of January, one thousand nine hundred and nine, the original of which treaty, being in the English and French languages is, as amended by the Senate of the United States, word for word as follows: The United States of America and the Republic of France, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a new 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, his excellency Mr. Henry White, ambassador extraordinary and plenipotentiary of the United States of America to the French Republic; and the President of the French Republic, his excellency M. Stephen Pichon, senator, minister for foreign affairs; 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: ARTICLE I. The Government of the United States and the Government of France mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes or offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found 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. ARTICLE II. Extradition shall be granted for the following crimes and offenses: 1. Murder, assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; assault with intent to commit murder. 2. Rape, abortion, bigamy. 3. Arson. 4. Robbery, burglary, housebreaking or shopbreaking. 5. Forgery; the utterance of forged papers, the forgery or falsification of official acts of Government, of public authority, or of courts of justice, or the utterance of the thing forged or falsified. 6. The counterfeiting, falsifying, or altering of money, whether coin or paper, or of instruments of debt created by national, State, provincial, municipal, or other governments, or of coupons thereof, or of bank notes, or the utterance or circulation of the same; or the counterfeiting, falsifying, or altering of seals of State. 7. Fraud or breach of trust by a bailee, banker, agent, factor, executor, administrator, guardian, 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 both countries, and the amount of money or the value of the property misappropriated is not less than two hundred dollars, or one thousand francs. Embezzlement by public officers or depositaries; embezzlement by persons hired or salaried, to the detriment of their employers. 8. Larceny; obtaining money, valuable securities, or other property by false pretenses, when such act is made criminal by the laws of both countries, and the amount of money of the value of the property fraudulently obtained is not less than two hundred dollars or one thousand francs. 9. Perjury, subornation of perjury. 10. Childstealing, or abduction of a minor under the age of 14 for a boy and of 16 for a girl. 11. Kidnaping of minors or adults. 12. Willful and unlawful destruction or obstruction of railroads, which endangers human life. 13 (a) Piracy, by the law of nations. (b) The act by any person, being or not being one of the crew of a vessel, of taking possession of such vessel by fraud or violence. (c) Wrongfully sinking or destroying a vessel at sea. (d) Revolt or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the captain or master. (e) Assaults on board a ship on the high seas, with intent to do grievous bodily harm. 14. Crimes and offenses against the laws of both countries for the suppression of slavery and slavetrading. 15. Receiving money, valuable securities or other property knowing the same to have been unlawfully obtained, when such act is made criminal by the laws of both countries and the amount of money or the value of the property so received is not less than two hundred dollars or one thousand francs. Extradition shall also be granted for participation or complicity in or attempt to commit any of the crimes or offenses above mentioned when such participation, complicity, or attempt is punishable by the laws of the two countries. ARTICLE III. 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, they may be made by the consular officers. If the person whose extradition is requested shall have been convicted 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 charged with a crime or offense, a duly authenticated copy of the warrant of arrest in the country where the crime or offense has been committed and of the depositions or other evidence upon 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 France, 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. ARTICLE IV. The arrest and detention of a fugitive may be applied for on information, even by telegraph, of the existence of a judgment of conviction or of a warrant of arrest. In France, the application for arrest and detention shall be addressed to the minister of foreign affairs, who will transmit it to the proper department. In the United States, the application for arrest and detention shall be addressed to the Secretary of State, who shall deliver a warrant certifying that the application is regularly made and requesting the competent authorities to take action thereon in conformity to statute. In both countries, in case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force. In both countries, the person provisionally arrested shall be released, unless within forty days from the date of arrest in France, or from the date of commitment in the United States, the formal requisition for surrender with the documentary proofs hereinbefore prescribed be made as aforesaid by the diplomatic agent of the demanding government or, in his absence, by a consular officer thereof. ARTICLE V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. 44773°-F в 1911—18 |