Arkansas intelligencer., 1857-06-12

a PROCLAMATION.
Whereas, a convention between the United
States of America and his Majesty the En-
peror of Austria, was concluded and signed
by their respective plenipoteutaries, at Wash.
inston on the third day OF July last. which
convention, being in the English and German
languages, is word for word, as follows:
! Convention for the mutual delivery Of crimi
mails, fugitiyes from justice, in certain cases.
concluded between the United States. on
| the one part, and Austria on the other part.
Whereas 1t Is found expedent, for the l-,.-
ter administration of justice and the preyen-
tion of crime within the territories and iuris-
/ d'ctlon of the parties, respectively, that per-
SONS committing certain heinous crimes, being
| fugitivcs from justice, should under certain
circumstances, be reciprocally delivered up.
and also to enumerate such crimes explicitly;
and whereas the laws of Austria forbid the
surrender of It's own citizens TO a foreign iu-
risdiction, the government of the United States
with n view OF making the convention strictly
| reciprocal, shall be held equally free fror,
| any obligation TO surrender citizens Of tho
United States: therefore, on the one part. tho
United States of America, and on the other
part, his Majesty the Emperor Of Austria.
having resolved 10 treat on this subject, have.
for that purpose, appointed their respective
plenipotentaries TO negotiate and conclude
! convention; that is to say, the President of
the United States, VIM. l.. Marcy, Secretary
Of State, and his Majesty the Emperor of Aus
tina, John George Chevalier de Husemann,
his said Majesty's minister resident near th.
government of the United States, who, after
reciprocal communication of their respective
powers, have agreed ~ and signed the follow
Ing articles;
ARTICLE I.
1t is agreed that the United States and
Austria shall, upon mutual req uisitiO1rs h,
theui then ministers, Officers or authorities
respectively made, deliver up to Justice all
persons who, being charged with the crime
of murder, or assault with intent 10 commit
murder, or piracy, or arson. OF robbery. or
forgery, or the fabrication or circulation of
counterfeit moroy, whether coin OF paper
money, or the embezzlement of public mo-
n .ys, committed within the jurisdiction of eli
ther party, shall seek an asylum or shall be-
found within the territories of the other: Pro-
Cided, That this shall only be done upon such
evidence Of cnminality, rs, according to the
laws Of the place where the fugitive or per-
son SO charged shall be found, would iustifv
his apprehension and commitment for trial II
the crime or offence had there been commit
ted; and the respective judges and other mag
lstrates Of the two governments shall have
power, jurisdiction, and authority, upon COM
plant made under oath, 10 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 criininaliiy
may be heard and considered; and if, on such
| I.a. l,.. IL l.. 1 .-.a.
sustain the charge, it shall be the duty ofthe
examining judge or magistrate to certify tho
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 betrayed by
the party who makes the requisitcn and re-
ceiyes the fugitive. The provisions of the
present convention shall not be applied. in
any manner, 10 the crimes enumerated in the
first article committed anterior TO the date
| thereof, nor to any crime or offence Of po-
ltical character.
ARTICLE II.
Neither of the contracting parties shall be
bound to deliver up its own citizens or sub
Jects under the stipulations of this convention
ARTICLE III.
Whenever any person accused of any Of
the crimes enumerated in this convention shall
have committed a new crime in the terrific
res OF the State where he has sought an asy-
lum, or shall be found, such person 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.
| ARTICLE ".
Tho present convention shall continue in
force until the first of January, eighteen hun
dred and ffty-eight; and If either party shall
have given to the other six months previous
notice Of its intention then to terminate the
same, 1t shall further remain in force until the
end OF twelve months after either of the high
contracting parties shall have given notice to
the other OF such intention; each of the high
contracting parties shall have given notice to
the Other of such intention; each Of the high
contracting parties reser-ing 10 itself The right
OF giving such notice to the other at any time
after the expiration tf the said first day Of
january, eighteen hundred and fifty-eight,
ARTICLE v.
Tho present convention shall be ratified BY
the President by and with the advice and
consent Of the Senate of the United States,
and by his Majesty the Emperor Of Austria,
and the ratitications shall be exchanged at
Washington within six months from the date
hereof or sooner if possible.
In faith whereof, the respective plenipo-
tentaries have signed this convention and have
hereunto affixed their seals.
Done in duplicate, a; Washington, th6
> third day Of July, in the year Of our Lord ons