Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-05-02
By the President:
WI. MARCY, Secretary Of s,ats.
BY THE PRESIDENT OF THE UNITED STATES Oh
AMERICA:
a nT
A PROCLAMATION

BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA:
A PROCBAMATION,
Whereas convention between the United States Of
America and his Majesty the Emperor OF Austria was con-
euded and signed by heir respective peupotsntarss at
Washington, the third day Of July last which conven.
ton, being in the English and German languages word
for word as follows:
Convention for the mutual delivery Of criminals fugiEvss
from justice, in certain cases. concluded between the
United States on the one part and Austria the other
part.
Whereas it is found eEpedien for hs better admins
raon Of justice aud the prevention Of crime within the
territories and jurisdiction Of the parties respect
that persons committing certain hen0Us crimes being fu-
git7es from justice, should, under certain circumstances
be TecpTOCay delivered up, and also to enumerae eIpc
lily and whereas the laws Of Austria forb the surrender
Of its own citizens foreign Jurisdiction the government
Of the United Ststes with # making the convention
strictly reciprocal shall be held equally free from any OBJ
LEGATION to surrender citizens Of the United States there
fore the part the United States OF America and
on the other part, his Majesty the Emperor of Austria
having resolved to treat this subject have for that pur
pose appointed their respective penpotentareg 10 nego
tate and conclude convention, that is to say the Pres
dent OF the United States William l.. Marcy Secretary Of
State, aud his Majesty the Emperor Of Austria John
George CheVaier de Husemann his said Majesty minis
ter resident the government Of the United States
who, after reciprocal communication Of their respective
powers, have agreed to and gaed the following articles
ARTICLE
It is agreed that the United states and Austria shall up
on mutual requisiOns by them their ministers officers
Or authorities, respectively made, deliver up 70 justice all
persons who being charged with the crime of murder or
assault with intent to commit MURDER piracy arOn
or robbery forgery the fabrication circulation Of
counterfeit money whether coin paper money or the
enforcement of public moneys committed within the iur
isdcHOn Of either party shall seek asylum or shall be
found within the territories Of the Others Provided Thz
TINS shall only be done upon such evidence Of cmnay
according 10 the laws of the gacs where the fugitive or
person charged shall be found would Justify bis aUDre
hension and Commitment for trial II the crime Ofncs
had there been cOmmted and the respective Judges and
other magistrates 0 the governments shall have DOW
err jurisdiction and authority, upon complaint made under
Oath 10 issue warrant for the apprehension Of the iugi
tive or person so charged, that be may be brought before
such Idgs other magistrates respectively 70 the end
that the evidence Of Cmnsty may be heard and cOnsid
cred and IT, on such rng the evidence be deemed sui
hclenI to sustain the charge it shall be the duyOf the
aiming judge or magistrate to certify the same the pro
per executive authority, that warrant may issue for the
surrender OF such fugitive. The expense Of such appre
henslO1 and delivery shall be borne and deayed bY The
party who makes the requison and receives the fugitive
The provisions OF the present convention shall not be 8p
Piled in any manner to the crimes enumerated in the first
article committed anterior the dats thereof nor to any
crime or offence Of political character.
ARTICLE IL
Neither Of the contracting parties shall be bound to de.
yernP its own citizens subjects under the spuations
ARTIGLEIIL
Whenever any person accused Of any of the crimes emu
merated il this convention shall have committed new
crime IN the territories Of the State where has sought
asylum shall be found, such person shall be de
vered up under the spuatons Of this convention until
he shall have been tried aud shall have received the pun
ted thereof
ARTICLE "
The present convention shall continue in force until the
first Of January, eighteen hundred and fifty eight and if
neither party shall have given to the other months
previous notice Of ts intention then 70 terminate the same
shall further remain force until the end Of twelve
months after eItter Of the high contracting parties Shl
have gwen police 70 hs other of such intention; each Of
the high contracting parties reserng to Itself the right Ct
giving such notice to the other any time after the
PrtOn OF the said first day Of January, eighteen hundred
and fifty eight
ARTICLE v.
The present convention shs be ratified by the President
by and with the advice and consent OF the United States
and By ms Majesty the emperor of Austria and the rat
hcatious SHAH be exchanged ct Washington within SIX
months ftOm the date hereof or sooner possible
In faith whereof the respective penpotentares have
signed this convention and have hereuntO affixed their
Seals.
Done in duplicate at Washington, the third day Of July
the year Of Lord one thousand eight hundred and
fifty six and Of tae independence Of the United States the
eightielh.
WI MARCY.
-HUISEMANN