Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-09-15

and any foreign government, il shall and may
be lawful for any of the justices of the Su-
premc Court or judges of the several district
courts offhe United States-and the Judges Of
the several State courts, and the commission
ers authorized SO 10 do by any of the courts of
the United States. are hereby severally vested
with power, jurisdiction, and authority, upon
complaint made under oath or affirmation, char:
ging any person found within the limits of any
State, district, or territory, with having com
mitted within the Jurisdiction of any such TO-
reign government any of the crimes enumera-
ted or provided for by any such treaty or con-
vention--to issue his warrant for the appre-
hension of the person so charged, that he may
be brought beforekuch Judge Or commissioner,
to the end that theevidence of criminaity may
he heard and considered; and if, on such hear
up, the evidence be deemed sufficient BY him
sustain the charge under the provisions of
the proper treaty or convention, It shall be his
duty to certify the same, together with copy
of all the testimony taken before him, to the
Secretary of State, that warrant may issue
upon the requisition of the proper authorities
of such foreign government, for the surrender
of such person, according to the stipulations
OF said treaty or convention and it shall be
the duty of the said Judge or commissioner to
issue his warrant for the commitment of the
person so charged to the proper gaol, there 10
remain until such surrender shall be made.
SEC. ?. Aad be IL further enacted, That in
every case of complaint as aforesaid, and OF a
hearing upon the return of the warrant of ar
rest, copies OF the dispositions upon which an
original warrant in any such foreign country
may have been granted, certified under the
hand of the person or persons issuing such
warrant, and attesed upon the oath of the par
ty producing them to be true copies of the O.
rigina dispositions, may be received in evil
dence of the crlminaIity of the person SO ap-
pretended
Sec. 3. And be it further enacted, That ii
shall be lawful for the Secretary of State, un-
der his hand and seal of Office, to order the
person so committed TO be delivered TO such
person ,,I,'elI stutIIo'iletl, in
the name and on the behalf of such foreign
government. to be tried for the crime Of which
such person shall be so accused, and such Ier-
son shall be delivered up accordingly; and it
sha! be lawful for the person or persons au-
th0rZed, as aforesaid, to hold such person in
custody, and 10 take him or her 10 the terrific
lies OF such foreign government, pursuant to
such treaty; and If the person so accused shat
escape out Of any custody to which be or she
be delivered, as aforesaid, it shall be lawful 10
rctake such person in the same manner as any
person accused of any crime against the laws
in force in that part of the United States tc
which he or she shall so ESCAPE may be rela.
ken. on an escape.
SEC. 4. And belt further enacted, That when
any person who shall have been committed
under this act, or any such treaty, as afore
said, foreman until delivered up in pursuance
Of a requsition, as aforesaid. shall not be de-
livercd up pursuant thereto, and conveyed out
months after snch commitment, over and a.
b0ve the time actually required TO convey the
prisoner from the gao to which he or she may
have been committed, by the rcadiest way
out OF the United States, it shall, in every such
case, be lawful for any Judge of the United
States, or Of any State, upon application made
TO him by or on behalf Of the person so COM
! nitted, and upon proof made to him that rea
sonabIe notice OF the intention to make such
application has been given TO the Secretary OF
State. to order the person SO committed to be
discharged out of custody, unless sufficient
canse shall be shown 10 such Judge why such
discharge ought not to be ordered.
SEC .. And beat further enacted. That thu:
act shall continue IN force during the existence
OF any treaty OF eNlraaltloh win any lofelSf
| government, ana no longer
Sec. 6. And be II further cnTCtpd, That /