Page:United States Statutes at Large Volume 18 Part 2c.djvu/668

 PRUSSIA AND OTHER. STATES, 1852. 661 being fugitives from justice. should, under certain circumstan be reciprocally delivered up, and also to enumerate such crimes e lyk]. and whereas the laws and constitution of Prussia and of the otheflly, man States, parties to this convention, forbid them to surrender their own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the convention strictly reciprocal shall be held equally free from any obligation to surrender citizens of the United States : Therefore, on the one part, the United States of Contracting pam america, and, on the other part, His Majesty tl·e King of Prussia, ties. in his own_name, as well as in the name of His Majesty the King of Saxony, His Royal Highness the Elector of Hesse, His Royal Highness the Grand Duke of Hesse and on Rhine, His Royal Highness the Grand Duke of Saxe-Weimar-Eisenach, His Highness the Duke of Saxe- Meiniugen, His Highness the Duke of Saxe-Altenburv His Highness the Duke of Saxe—Coburg-Gotha, His Highne s the Duke of Brunswick His Highness the Duke of Anhalt-Dessau, His Highness the Duke of Anhalt-Bernburg, His Highness the Duke of Nassau, His Serene High ness the Prince Schwarzbnrg-Bndolstadt, His Serene Highness the Prince of Schwarzburg-Sondershausen, Her Serene Highness the Prmcess and Regent of Waldeck, His Serene Highness the Prince of Reuss, elder branch, His Serene Highness the Prince of Reuss junior branch, His Serene Highness the Prince of Lippe, His Serene Highness the Landgrave of Hesse-Homburg, as well as the free city of Francfort, having resolved to treat on this subject, have for that purpose appointed their respective Plenipotentiaries to negotiate and conclude a convention, that is to say: The President of the United States of America, Daniel Webster, Negotiators. Secretary of State, and His Majesty the King of Prussia. in his own name, as well as in the name of the other German Sovereigns above enumerated, and the free city of Franctbrt, Frederic Charles Joseph von Gerolt, his gaid Majesty’s Minister Resident near the Government of the United tates; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles: Anrxcnn I. It is agreed that the United States and Prussia, and the other States Emsamsn 0 5 of the Germanic Confederation included in or which may hereafter criminalsaccede to this convention, shall, upon mutual requisitions by them or their ministers, officcrs, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault C. 1. h. h with intent to commit murder, or piracy, or arson, or robbery, or forgery, sm.;,':,°:,. 2:,:,, 'go or the utterance of forged papers, or the fabrication or circulation of mms, 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 Eyidgpgg of mm. as, according to the laws of the place where the fugitive or person so inality- charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed; and the proceedings, 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 dnt-y 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 ex- Expenses. pense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.