Mr. Guzmán to Mr. Gresham.

[Translation.]

Excellency: In obedience to instructions which, under date of July 2 of the current year, the Government of the Republic of Salvador has been pleased to communicate to me, and upon the execution of which it has seen fit to insist by a telegram of yesterday, of which I had the honor to inform your excellency shortly after receiving it, I now discharge my duty by addressing your excellency and presenting to you in original the demands and accompanying documents, as also a copy, as I am ordered to do by the dispatch aforesaid, all of which is directed toward requesting the Government of the United States to be pleased to order the delivery, in compliance with the treaty of extradition between Salvador and the United States of America, of Don Antonio Ezeta, Bon Leon Bolaños, Don Jacinto Colocho, Don Juan Cienfuegos, and Don Florencio Bustamante, fugitive Salvadorean criminals whose arrest has been ordered by the courts of their country for common crimes comprised in the said treaty of extradition, and who took refuge on board the United States vessel of war named Bennington, which had recently anchored in the aforesaid port of La Libertad.

Of this application, which it is my duty to formally present to your excellency in the name of the Government of Salvador, I understand that your excellency is already duly informed by reason of the steps which were directly taken in the matter by the authorities of Salvador at the time of the occurrences. For this reason, and in order not to needlessly disturb your excellency’s attention, I omit to enter upon the considerations of law and justice which warrant the request and which, on the other hand, besides being self-evident naturally appear from the accompanying documents and from the antecedents which I suppose to be in your excellency’s possession.

Your excellency’s Government, with its accustomed rectitude, win doubtless do full justice in the matter.

It is gratifying, etc.,

H. Guzman.
[Inclosure.]

Mr. Castellanos to Mr. Guzmán.

[Translation.]

Sir: According to the treaty of extradition made between the United States and Salvador, under date of May 23, 1870, and exchanged in the city of Washington the 2d of May, 1874, the Governments of both Republics agreed to mutually surrender to each other individuals who, being convicted or accused of the crimes specified in said treaty, committed in the jurisdiction of one of the contracting parties, should seek asylum or be found in the territory of the other.

In view thereof, and the criminals Antonio Ezeta, Leon Bolaños, Jacinto Colocho, Juan Cienfuegos, and Florencio Bustamente, having [Page 571] taken refuge on the steamer Bennington of the war marine of the United States, which was found anchored in the port of La Libertad in this Republic, when they were prosecuted under accusation of the crimes of assassination, robbery, and arson, which crimes are included in clauses 1 and 4 of articled of said treaty, one of the cases has arisen in which extradition should take place, the vessel on which they have taken refuge forming part of American territory.

Proper proceedings having been instituted before the ordinary tribunals of justice, the guilt of said criminals has been proved according to the laws of the Republic, as is evidenced by the authenticated copy of the judicial proceedings which I have the honor to transmit herewith, and there being no other means of proof in such cases than the depositions of witnesses, it is beyond doubt that, according to the laws of the United States, it should also be considered legally proved.

In compliance then with article 6 of said treaty, you will be pleased to request of the Government of the United States the surrender of the specified criminals, transmitting the annexed original petitions and a copy of this dispatch.

At the proper time you will request that, until the legality of the extradition is decided on, the steamer Bennington may remain anchored in the port of La Libertad, for the purpose of facilitating the surrender to the authorities of said port.

The Government of Salvador does not doubt that the Government of the United States, in promotion of the agreement which binds both countries and of the interest which all civilized nations have in the punishment of atrocious criminals who offend against all humanity, will accede to the just demand which is made upon it.

You may moreover give assurances that the criminals will be tried by the tribunals of justice and guaranteed in their natural right of defense.

Be pleased to inform me immediately of the result of your action, and accept the assurances of my distinguished consideration.

Jacinto Castellanos.