The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-22
The Extraxition Treaty with the Neither
lands.

Tne Gxtrad1taon Treaty win the Neither.
MESSAGE or THK PRESIDENT OF THE UNITED STATES.
To nn SENATE or Tux UNITED STATES
transmit 70 the Senate, Tor i@ consideration, with
OF criminals ugives from justice in certain cases. and
for other purposes concluded at the Hague the 2st
Majesty The King OF the Netherlands The instrument in
this form embodes the Senatcs amendments Of the 10th
OF February last to the convention between the par
ties of the 10Th OF May 1885, and s In fact copy
of that instrument amended by the Senate Pursuant
10 the usual in such cases, the Senates amend
mens not included in the text Of the United States
of ratification only As the Dutch government objected
to this it is proposed TO substitute the conven
ton herewith submitted. JAMES BUCHANAN.
WASHINGTON, Dec. II 1857.
CONVENTION BETWEEN THR UNITED STATES OF AMR-
RIGA AND HIS MAJESTY THE KING OF THE NEITHER
LANDS, FOR THE MUTUAL DELIVERY OF CRIMINALS,
FUGITIvEs FROM JUSTICE, IN CERTAIN CASKS, AND
FOR OTHER PURPOSES; DONE AT THE HAGUE THE
TwENTY-FIRsT DAY OF AUGUST EIGHTEEN HUNDRED
AND FIFTY-sEvEN.
The United States of America and his Majesty the King
Of the acuated by equal desire 10 further
the administration Of justice and to prevent the commits
lion Of crimes in their respective countries have deter
mined to regulate by convention the conditions under
which individuals guilty accused Of certain crimes in
country, and who shall have taken refuge within the
territories Of the other, shall be recprocay delivered
up The constitution and laws Of the Netherlands, how
allowing TIE Netherland government 10
der their subjects for trial before foreign court Of
usce strict reciprocity requires that the government
Of the United States shall be held equally free from any
obligations TO surrender citizens of the United States
The two high contracting parties wishing, moreover,
for the protection OF their commerce. to come tn an
dersarng with reference the arrest and mutual deli
of deserters from their respective vessels the said
United States OF America and his Majesty the King OF the
Netherlands have named their plenipotentares to
clude convenon for these purposes that Is to the
United States August Belmont citizen Of the United
States and their Minister resident his Majesty the King
of the Netherlands his Majesty the King of the Neither
lands Messire Daniel Theodore Covers Van Endegeest
Commander Of the Order of the Netherland Iiou Com
mani N 10 nvdn nj WaCA af Guyada kniu n
Order of St Anna I'd class with diamonds his Maestys
Counsellor of State and Minister of Foreign Affairs who
after having communicated to each other their respective
full powers found in good and due form, have agreed
upon and concluded the following articles
Article The high contracting parties promise and en-
mutually acquisitions by them rtheirmnlsters
officers authorities respectively made to deliver to
justice all persons, who being charged with the crimes
hereinafter enumerated committed within the juris
dction of either party shall seek asylum shall be
found within the territories of the other provided that
this shall be done only when the fact of the commission of
the crime shall be established that the laws of the
country which the fugitive person accused shall
be found would justify his or her apprehension and com
mimen for trial. the crime had been there committed.
Art 2 On the part OF the government of the United
States the surrender shall be made only by authority of
the Executive thereof.
Art g. The extraditon only be granted case of
judgment Of Indictment, Of proceedings instituted
account Of the following crimes committed within the ter
rory of the country, the government of which demands
the extradition:-
LIST. Murder or homicide.
I'd Arson.
Sd. Rape.
4th Robbery.
5th. Forgery
9Th Fabrication feonous circulation Of counterfeit
money whether com paper money.
1th Einbezzlement Of public moneys.
Art a. The expense of such apprehension and delivery
shall be borne and betrayed by the party who makes the
requisition.
Art s. Note of the contracting parties shall be bound to
deliver up its citizens subjects. With reference
the application Of this convention comprised in the de-
nomination OF citizens or subjects such foreigners as &C
act nartie
assmilaed to citizens Subjects well foreigners
who are domiced there, and who after having married
citizen thereof have one more children by that
rage born in the country.
Art 8. The exradition can only be granted upon the
exhibition Of the original authenticated copy Of the
judgment of the order for the institution of proceedings
with warrant Of arrest against the accused other
document Of equal force delivered according TO the forms
prescribed by the laws OF the country making the de-
mand upon such evidence OF crminalty according
to the laws of the place where the fugitive or
charged shall be found would justify the apprehension
and commitment for trial. the offence had been
there committed.
Art T. The provisions Of the present convention shall
not be applied in manner, To the crimes enumerated
in article 3, when the shall have been committed
anterior to the date thereof when by the laws Of the
country from which the exradition Is demanded the pc
rod OF limitation for proceedings against them punish
ent thereof has taken place when the demand of
tradition rs made account of the crime for which
the individual claimed undergoing has undergone his
punishment in the country where the demand is made
Crimes OF political character are expressly excluded
from the present convention.
Art 8 Whenever the individual claimed is under trial
arrest for any other crime offence committed against
the OF the country from which the ex,radon de-
msnded the exradtion shall be delayed until he has been
acquitted or discharged or until he has undergone his
punishment
debt. strict reciprocity requires that the
extradon shall not be refused delayed the individual
under the laws Ii the Netherlands either before or after
the demand OF extraditioD.
Art The articles seized in the possession Of the indi
vdua claimed shall, If the competent authority have
dered their restitution be delivered up came time
that the extradition takes place.
Art 10 The high contracting parties, wishing 10 favor
their mutual commerce. by aordng In the ports OF their
territories every necessary assistance TO their respective
vessels have further agreed that sailors being part of the
Of vessels OF merchant vessels OF their
specve nations who shall have deserted from said YES
sells shall be arrested IN order 10 be sent back their
vessels OF 10 other vessels Of the same nation.
For which purpose their respective consuls general
consuls and consuh shall address themselves the
competent authorities and shall demand the said desert.
writing proving by exhibition OF the registers OF
the vessels ships roll other official documents that
those part Of the said crews and on this de-
Is proved the delivery shall not be refused and there
shall be given all aid and Assistance the said con-
suls general consus and vice consus for the search,
seizure and arrest OF the said deserters who
shall even be detained and kept in the prisons
Of the country, al their request and expense until
they shall have found opportunity Of sending them
back But, IL they be not sent back within four months
be counted from the day Of their arrest they shall be
set at liberty and shall be no more arrested for the
cause.
The stDuaions Of this article apply TO deserers
from vessels Of who citizens subjects Of the
government from which they claimed who are in.
cuded In the category OF foreigners mentioned article
FIVE they Apply In where the period sf m
for proceedings has expired according the laws Of
the country from which the extradon asked where
the individual claimed h under trial arrest for any
offence against the laws Of that country.
Art IL. This convention shall continue In force until II
shall be abrogated by the contracting parties one of
them but shall not be abrocsed except by mutual
sent unless the party desiring 10 abrogate shall give sr
months previous notice OF his intention 10 do So
Art H. The present convention shall be ratified by the
President by and with the consent of the Senate OF the
United States and by his Majesty the King OF the Neither
lands after the necessary sanction OF the Law shall have
been obtained for such supuatons require the same
and the ratcaons shall be exchanged s the Hague with
In year from the date hereof sooner, N possible
In faith whereof the respective penpotenaries have
signed the present convention, and have affixed thereto
the seals of their Done nj Hague this twenty first
day Of August In the year Of Lord thousand eight
hundred and nfty seven.
AUGUST BELMONT,
GEvERS VAN ENDEGEFST.