, 1855-12-28
ExTRADITION TREATY WITH BAVARIA.
BY THE PRESIDENT OF THE UNITED STATES or AMERICA:
A PROCLAMATION.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
PROCLAMATION.
WHEREAS, a convention between the United States
of America and the Kingdom Bavaria was conclil-
ded and signed at London, by their respective plenl'
potentiaries, the twelfth day of september, 1he
thousand eight hundred and iity-thce which con
vention being in the Eagli,h and German languages,
is word for word, as follows =
Convention for the Mdt,ta! ETtraat0n Of FuSitirts
from Justice, in certain cases eOneiHied Ji'reen ne
Government of TIE United SIltes, on the one part,
and the Kingdom Of Bdrlrid on The other part
The United States Of America and his ijcsty the
King Of Bavaria, actuated by cgda desire to fur
ther the administration OF justice and to prevent the
commission of crimes IN their respective countries,
taking into consideration that the ia eased means OF
communication between Europe and America facilitate
the escape Of offenders, and that, consequently prOy
sion ought to be made in order that the ends of justice
shall not be defeated, have determined 10 conclude
arrangement destined to regulate the to be OBJ
served in all with reference to the eNdition OF
such individuals as having committed any OF the oen'
ces hereafter enumerated, in country, shall have
taken refuge within the terrtIrc OF the other The
constitution and Laws of Bavaria, however, not allow
ing the Bavarian government TO surrender Their own
subjects for trial before foreign court OF justice
strict reciprocity req1res that the government OF the
United States shall be held equally free from any Obli
cation to Surrender citizens OF the United States.
For which purpose, the high contracting powers
have appointed their plenipotentiaries -
The President of the United States, James Blchan-
an envoy extraordinary and minister plenipotentary
of the United States ut the court Of the United King
dom of Great Britain aud Ireland.
His Majesty the King OF BIyaria Augustus Baron
de CettO his said Mlcstys chamberlain, envoy extra
ordinary and mini cr pIenipntentiary at the courtY
her Majesty, the Queen of the United Kingdom bfi
Gusat Britain and Ireland, knight commander 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 res
pective full powers found in good and due form, have
agreed to the following articles -
ARTICLE I.
The government Of the United States and the Bava.
rian government promise and engage, upon mutual
requistons by them or their ministers, officers or
authorities, respectively made, t. deliver up TO j1s
tice all persons whO being charged with the crime Of
murder, or assault with intent To commit murder, or
piracy arson or robbery, or forgery or the utter
ance Of forged papers, the fabrication circulation
Of counterfeit money whether coin 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 crminality as, according to the laws of
the place where the fugitive person charged shall
be found, would Justify his apprehension and commit
ment for trial II the crime offence had there been
committed and the respective judges and other mag
itrates Of the two governments shall have power, 1u
risdiction, and authority upon complaint made under
oath to issue warrant for the apprehension OF the flu
gtiye or person charged, that he may be brought
before such judges other magistrates respectively,
TO the end that the evidence Of criminalty may be
heard and considered ; and IT, on such hearing, the
evidence be deemed sufficient to sustain the charge it
shall be the duty Of the examining judge or magistrate
70 certy the same 70 tne proper execnve annGrisy'
tnat "arraa' my ISSUE ior Tue surrehuer o sucn iu
The expense Of slch apprehension and delivery shall
pc porne an9 delIayed py sne pry VINO haAeS 'ne IT.
qulslnon ana receives the iugitVe'
ARTIcLs II.
The stipuations of this convention shall be applied
N anv other STATE Of the German Confederation which
nav hereafter declare It's accession thereto
A.-,o,,,rtI
None Of the contracting parties shall be bound to
deliver up is own citizens or subjects under the stpu
lations OF this convention.
ARTICLE w.
Whenever any person accused Of any crimes emu
merated in this convention, shall have commttSd
new crime in the territories Of the State where he has