Der Kaiserliche Legationsrath B. von Schuckmann
Haben nach Berathung verschiedener Fragen, welche die Zollinteressen der Deutschland und Grossbritannien gehôrigen Gebiete am Golf von Guinea betreffen , Namens ihrer Regierungen unbeschadet der Bestimmungen in Artikel IV, 2 des Deutsch- Englischen Abkommens vom 1 Juli, 1890, sowie unbeschadet der Bestimmungen der Deutsch-Englischeu Ab-
kommen vom 2?9 ^n1, 1885, und
Grande - Bretagne , Allemagne.
1886,*) have corne to the followiiig Agrument on behalf of their respective Governments :
1. That the point named in Section 2, Article IV, of the Anglo-German Agreement of July lst, 1890 as the head or upper end of the Rio del Rey Creek shall be the point at the north-west end of the Island lying to the west of Oron, where the two waterways, named Uriifian and Ikankan, on the German Admiralty Chart of 1889 -90 , meet.
2. From this upper end of the Rio del Rey to the sea, that is to say, to the promontory marked West Huk on the above mentioned chart, the right bauk of the Rio del Rey waterway shall be the boimdary between the Oil Rivers Protectorate and the Colony of the Caineroons.
3. The German Colonial Administration engages not to allow any trade-settlements to exist or be erected on the right bank of the Rio del Rey Creek or waterway. In like
ÏTSÏX, 1886 *), folgeude Debereinkunft getroffen :
1. Das im Artikel IV, 2, des Deutsch-Eoglischen Abkommens vom 1 Juli, 1890, erwâhnte obère Ende des Rio del Rey Krieks wird an dem Punkte festgesetzt , wo die auf der Deutschen Admiralitâtskarte von 1889-90 mit Uriifian uud Ikankan bezeichneten Wasserarme am Nordwestende der westlich von Oron gelegenen Insel zusammentreffen.
2. Von diesem oberen Ende des Rio del Rey bis zum Meere , das heisst, bis zu dem auf der gedachten Karte mit West Huk bezeichneten Vorsprung soll das rechte Ufer des Rio del Rey Wasserlaufs die Grenze zwischen dem Oil Rivers Protektorate und der Kolonie von Kamerun bilden.
3. Die Deutsche Kolonialverwaltung verpflichtet sich , nicht zu gestatten , dass auf dem rechten Ufer des Rio del Rey Krieks beziehungsweise Wasserlaufs irgendwelche Han-
manner the Administration of the j delsniederlassnngen bestehen oder Oil Rivers Protectorate engages not errichtet werden. Ebenso ûbernimmt
to allow any trade - settlements to exist or be erected on the western bank of the Backasay (Bakassey) Peninsula from the first creek below Archibong's (Arsibon's) village to the sea, and eastwards from this bank to the Rio del Rey waterway.
Berlin, April 14, 1893.
(L.S.) P. le Poer Trench.
(L.S.) Claude M. Macdonald.
(L.S.) Dr. Kayser.
(L.S.) B. v. Schuchmann.
die Verwaltung des Oil Rivers Protektorates die Verpflichtung , nicht zu erlauben, dass auf dem westlichen Ufer der Bakassey Halbinsel vom ersten Kriek unterhalb Arsibonsdorf bis zum Meere und ostwàrts von diesem Ufer bis zum Rio del Rey irgend welche Handelsniederlassungen bestehen oder errichtet werden.
Berlin, den 14 April, 1893.
*) V. N. R. G. 2 Série T. XI, 471 ; XVI. 803.
Extradition de Jabez Spencer Balfour.
GRANDE-BRETAGNE, ARGENTINE
Correspondence concernant l'extradition de Jabez Spencer Balfour; du 22 février du 12 mai 1893.
Parîiamentary Papers presented to both Houses of Parliament by Command of Her Majesty. July 1893. [C. — 7034.]
No. 1.
The Earl of Rosebery to Mr. Welby.
(Télégraphie.) Foreigu Office, February 22, 1893, 3.50 P. M.
J. S. Balfour, ex-M. P., accused of very serious frauds. Is supposed at présent to be in the Argentine Republic. Her Majesty's Government are very anxious that his arrest should be effected , and would be glad to ascertain whether the Argentine Government would be prepared to grant extradition pending the ratification of the Treaty provided that the necessary proof be produced. If tbey will consent, information for provisional arrest will be sent to you by telegraph, and warrant and documents by post.
Telegraph reply.
No. 2.
Mr. Welby to the Earl of Rosebery. — (Received February 25.) (Télégraphie.) Buenos Ayres, February 25, 1893.
In reply to your Lordship's telegram, dated the 23rd instant, I have the honour to state that the Argentine Government refuse to grant the extradition of J. S. Balfour unless, in the absence of the Treaty, reciprocity is conceded, and they refer to the décision given in the case of James Coupe, as reported in Mr. Pakenham's despatch of the 3rd November, 1890*).
No. 3.
Home Office to Foreign Office **) — (Received February 28.) Sir, Whitehall, February 27, 1893.
With référence to the case of Dr. Freeman, whose arrest and extradition from Spain were sought on a charge of murder, I am directed by the Secretary of State to acquaint you , for the information of the Earl of Rosebery, that the latest information obtained by the police is to the effect that the fugitive has passed on from Spain to the territory of the Argentine Republic, and that his wife has gone there to join him.
*) See Appendix No. 10.
**) Copy sent to Her Majesty's Chargé d'Affaires at Buenos Ayres, March 2, 1893.
Grande - Bretagne , Argentine.
This information appears to the Secretary of State to point to the importance of pressing for the conclusion of the Extradition Treaty with the Argentine Republic.
It is évident that it is now generally known that extradition cannot be obtained from that country , which is therefore becoming a refuge for English criminals of every class.
I am, &c. (Signed) E. Leigh Pemherton.
No. 4.
The Earl of Rosebery to Mr. Welby.
(Télégraphie.) Foreign Office, March 1, 1893, 5.30 P. M.
Extradition. Her Majesty's Government are only in a position to grant reciprocity by means of a Tteaty. The présent state of things is dangerous and derogatory to the Argentine Government. Urge the completion of Treaty on grounds of mutual interest.
No. 5.
The Earl of Rosebery to M. Satow.
(Télégraphie.) Foreign Office, April 3, 1893, 4 P. M.
Jabez Spencer Balfour, late Member of Parliament, absconded, charged with fraud as Director of Public Company, and obtaining money by false pretences. Sums charged in warrants , 20,000ï. Balfour belived to be residing in Buenos Ayres. Age, 50, looks 55 ; height, 5 ft. 6 in. ; broad shoulders ; very corpulent ; hair dark, turning grey, parted centre, thin top of head ; eyebrows dark; nose short; face full ; complexion florid ; straggling beard ; dark, slight whiskers, turning grey; dark, slight moustache; appearance of having weak legs; usually dressed in dark jacket; gentlemanly appearance.
Daniel Hill, accountant , London, passenger for Buenos Ayres on the 29th March, steam-ship »Sorata,« berth 89, due Monte Video on the 23rd April , to transact business with Balfour , who may go to Monte Video to meet Hill. Apply for provisional arrest if Balfour lands at Monte Video.
Telegraph reply.
No. 6.
The Earl of Rosebery to Mr. Pakenham.
(Télégraphie.) Foreign Office, April 3, 1893, 4 P. M.
Jabez Spencer Balfour. Description: Age, 50, looks 55; height, 5 ft. 6 in. ; broad shoulders; very corpulent ; hair dark, turning grey, parted centre, thin top of head; eyebrows dark; nose short; face full; complexion florid; straggling beard ; dark, slight whiskers, turning grey ; dark, slight moustache ; appearance of having weak legs; usually dressed in dark jacket;
Extradition de Jabez Spencer Balfour.
gentlemanly appearance. Arrange if possible for quiet observation. If he leaves Argentine Republic at any time, telegraph destination to me. If he goes to Monte Video about the 23rd April , telegraph to British Minister there.
No. 7.
Mr. Welby to the Earl of Rosebery. — (Received April 6.) My Lord, Buenos Ayres, February 28, 1893.
On the receipt of your Lordship's telegram of the 22nd instant, I have the honour to state that 1 at once addressed a note to Dr. Anchorena , the Minister for Foreign Affaira, a copy of which is herein inclosed , informing his Excellency of the very urgent désire on the part of Her Majesty's Government for the arrest of J. S. Balfour, and asking whether, pending the ratification of the Treaty, the Argentine Government could not find some means to grant his extradition , should the necessary proofs be produced.
I have now the honour to transmit herewith translation of the reply which I have received to the above note, and of which I have already had the honour to inform your Lordship in my telegram of the 25th instant. In this note, his Excellency expresses the williegness of the Argentine Government to accède at once to the request for extradition on the grounds of reciprocity, but that otherwise , failing the ratification of the Treaty , the Government were powerless to do so in accordance with the terms of the Constitution , and his Excellency referred to the opinion which was given by the Procurador-General in the case for the demand for the extradition of James Coupe in the year 1890, and of which a full Report was forwarded to your Lordship by Mr. Pakenham in his despatch of the 3rd November, 1890*).
I have since spoken both to the Minister for Foreign Affairs and to the Procurador-General on this subject, in the hope that some means might still be found to obtain the arrest and extradition of the fugitive in question ; but, as your Lordship will see from the inclosed translation of Article 646 of the Criminal Code, it is impossible for the Government to accède to the request unless reciprocity be granted ; and , further , that however desirous the Government or the Procurador-General might be to act in this matter in accordance with your Lordship's wishes, the members of the Suprême Court of Justice, before whom the matter would have to be finally laid, would refuse their consent unless in strict accordance with the terms of the Constitution.
I have pointed out to Dr. Anchorena how very important it is for both countries that the Treaty should now be ratified by Congress, and his Excellency begs me to state to your Lordship that he will use his best endeavours during the coming Session to obtain the acceptance of the Treaty. I reminded his Excellency that this was now the third serious case which we had had in the last two years of criminals who had taken
*) See Appendix No. 10.
240 Grande-Bretagne, Argentine.
refuge in this country, and who were still allowed to escape being handed over for trial.
Since my arrivai in this country in the month of July last, the late Government were unwilling to take any serious steps to press on Congress during the last few months of their tenure of office the acceptance of any of the twenty différent Treaties which are now awaiting their sanction.
There are at présent about seven Extradition Treaties with European countries awaiting the sanction of Congress, viz., Belgium, Switzerland, Russie, Italy, and Germany; but in some cases the pressing need of such a Treaty is not so much felt by the Governments who are willing to grant reciprocity.
My French colleague, however, informs me that they have never succeeded in obtaining the consent of the Argentine Governinent to any demand which they have made for extradition, on the grounds of the conflict of légal procédure, as, in accordance 'with the Argentine Law, the demand has to be made through the Judge who has tried the case and not by the Government, and this the French Law will not permit of.
I have, &c.
(Signed) George E. Welby.
Inclosure 1 in No. 7.
Mr. Welby to Senor Anchorena.
M. le Ministre, Buenos Ayres, February 24, 1893.
I Have the honour to inform your Excellency that I have just received a telegram from Lord Rosebery, requesting me to obtain the consent of the Argentine Government to the extradition of a British subject , named J. S. Balfour, who is accused of very serious frauds before the English Courts.
It is believed that J. S. Balfour is now residing in the Argentine Republic, and as Her Majesty's Government are most anxious to obtain the arrest of the fugitive, I beg to inform your Excellency of the very great importance which the Government attach to his appréhension.
I am aware that there are difficultés in the way of complying with this request, but the good famé of the Argentine nation and the gênerai public interest demand that this country should not be allowed to become the refuge of criminals pending the ratification of our Treaty of Extradition.
I feel convinced that your Excellency will exert ail your influence in the aid of justice, as the fraud with which this individual is charged amounts to the sum of 1,000,000?., and has caused the ruin of many families in England, as having been the Manager of a Society known under the name of »The Liberator Building Society.«
If the Argentine Government can grant this request, ail the necessary information for the provisional détention and incarcération of this individual will be transmitted by telegraph, and the légal documents will follow by the first post.
I shall be much obliged if your Excellency would indicate an hour
Extradition de Jabez Spencer Balfour.
at which I could call upon you, in order to supply you with any further information you may require on this subject.
I avail, &c.
(Signed) George E. Welby.
Inclosure 2 in No. 7.
Senor Anchorena to Mr. Welby.
(Translation.) Ministry of Foreign Affairs, Buenos Ayres,
M. le Chargé d'Affaires, February 25, 1893.
I Hasten to reply to your private note of yesterday, referring to the extradition of the British subject, J. S. Balfour, which you speak of demanding in fulfilment of instructions received by telegraph from Lord Rosebery, and to inform you that as there does not exist at the présent moment any Treaty authorizing such extradition, it would not be possible to grant a pétition of this character, if the »condition of reciprocity« is not offered as imposed by Article 1 of the Extradition Law of the 25th Angust, 1885, which was confirmed later by Article 646 of the Code of Criminal Procédure. »
If you présent the demand for extradition , accompanied by the offer of reciprocity, this Ministry will hasten to comply with it, provided that the necessary documents are inclosed therewith.
The case of James Coupe, whose extradition was demanded by Mr. Pakenham in 1890, having been submitted to the Attorney-Général for opinion, he decided that it could not take place for similar reasons to those already stated, the antécédents of which case should be in the Archives of your Légation.
I avail, &c.
(Signed) Tomds S. de Anchorena.
Inclosure 3 in No. 7.
Extract from Code of Criminals Procédure.
(Translation.)
Process of Extradition of Criminals with Foreign Countries. Article 646. Extradition of criminals , whether demauded by the Republic or granted at the request of another nation, only takes place as follows: —
