Page:United States Statutes at Large Volume 18 Part 2c.djvu/34

 AUSTRIA, 1856. 27 the parties, respectivel that rsons com mi t'ns ' being fngitives from jvdstiwxhould, undef- iseitggiiadilrgdmstlanialeslllise reciprocally delivered up, and also to enumerate such crimes explicitly- and whereas the laws of Austria forbid the surrender of its own citizens to a foreign jurisdiction, the Government of the United States, with a view ot making the convention strictly reciprocal, shall be held equally free from_ any obligation to surrender citizens of the United States: Therefore, 0n_ the one part the United States of America, and on the other Contracting pan part His Majesty the Emperor of Austria, having resolved to treat on *l°'· this subject, have, for that purpose, appointed their respective Plenipo— tentiaries, to negotiate and conclude a convention, that is to say: The President of the United States, William L. Marcy, Secretarv of Ncgotiators. State; and His Majesty the Emperor of Austria, John George Chevalier de Hiilsemann, his said Majesty’s Minister Resident near the Government of the United States; ho, after reciprocal communication of their respective wers have agreed to and signed the following articles: po y Airrionm I. It is agreed that the United States and Austria shall, upon mutual Ertrsdition ¢>f requisitions by them or their ministers, onlcers, or authorities, respect- °'i”‘i““]°· ively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other: Provided, That this shall only be done upon such evidence of criminality mE,¥n$:y°°° °f as, according to the laws of the place where the fugitive or person. so ' charged shall be found, would justify his apprehension and commitment for trial if the crime or onence had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The Expense of siexpense of such apprehension and delivery shall be borne and defrayed rw wd dvlivvy- by the party who makes the requisition and receives the fugitive. The frevious and poprovisions of the present convention shall not be applied, in any manner, !**¤¤¤}l;f°¤¤¤¤ ¤°* to the crimes enumerated in the hrst article committed anterior to the "‘°l"‘ " date thereof; nor to any crime or offence of a political character. Anrrotu II. Neither of the contracting parties shall be bound to deliver up its Nouns: party to own citizens or subjects under the stipulations of this convention. :;¤t¤;;‘r M ¤w¤ Anricm III. Whenever any person accused of any of the crimes enumerated in this Retention or noconvention shall have committed a new crime in the territories of the ¤¤¤¤•i wgiwz State where he has sought an asylum or shall be found, such person 3;.;::,; shall not be delivered up, under the stipulations of this convention, until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof