Page:United States Statutes at Large Volume 18 Part 2c.djvu/50

 BAVARIA, 1853. 43 quontly, provision ought to be made in order that the ends of justice shall not be defeated, have determined to conclude an arrangement destined to regulate the course to be observed in all cases with reference to the extradition of such individuals us, having committed any of the offences hereafter enumerated, in one country, shall have taken refuge within the territories of the other. The constitution and laws of Bava ria, however, not allowing the Bavarian Government to surrender their own subjects for trial before a foreign court of justice, a strict reciprocity requires that the Government of the United States shall be held equally free from any obligation to surrender citizens of the United States. For which purposes the high contracting powers have appointed as their Plenipotentiaries : The President of the United States, James Buchanan, Envoy Extra- Negotiators. ordinary and Minister Plenipotentiary of the United States at the court of the United Kingdom of Great Britain and Ireland; His Majesty the King of Bavaria, Augustus Baron de Cetto, his said Majesty’s Chamberlain, Envoy Extraordinary and Minister Plenipotentiary at the court of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Knight Commander of the Order for Merit of the Bavarian Crown and of the Order for Merit of St. Michael, Knight Grand Cross of the Royal Grecian Order of our Saviour; Who, after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following articles : Anrrcm I. The Government of the United States and the Bavarian government Extmdition of promise and engage, upon mutual requisitions by them or their minis- ¤¤‘i¤¤i¤¤1¤· ters, officers, or authorities, respectively made, to 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 utterance of forged papers, 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 Ev id once of as, according to the 1a.ws of the place where the fugitive or person so °“"““*“*Y· charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence 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 such apprehension and delivery shall be borne and Expenses of ardefrayed by the party who makes the requisition and receives the ingi- Mt wd <>¤¤· of the German Confederation which may hereafter declare its accession  8mm" thereto. Anrronn III. None of the contracting parties shall be bound to deliver up its own Nam,,,, party t, citizens or subjects under the stipulations of this convention. zpérzzztgu ru own