Delaware State reporter., 1858-09-24


shall, upon mutual acquisitions by them, or
thtiI minister's officers, or authorities respect /
lively made, deliver up to justice all persons
who. being charged with the crime OF murder.
or assault with intent to commit murder, or pi |
racy, or arson, or robbery, or forgery, or the
fabrication or circulation Of counterfeit money,
whether coin OF paper money. or the enlbezzle-
mcnt of public moneys committed within the
jurisdiction Of eilhtr party, shall seek an asy-
um, or shall be found within the territories of
the other ProUided That this shall only be
done upon such evidence Of criminaity as, ac-
cording TO the laws of the place where the fu-
gilve or person so charged shall be found, would
Justify his apprehension and commitment for
trial, il the crime or offence had there been
committed and the respective judges and
other magistrates of the two governments shall
have power, jurisdiction, and authority upon
complaint made under oath, to issue warrant
Tor 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 criminality may be
heard and considered and if, on such hearing.
the evidence he deemed sufficient TO sustain the
charge, it shall he the duty Of the examining
judge or magistrate 10 certify the same to The
proper executive authority. that warrant may
ISSUE Tor the surrender Of such fugitive.
The expense Of such apprehension and delv-
cry shall be borne and d,layed 10y the party
who makes the acquisition aud receives the fu-
give.
No hing in this article contained shall be
construed 10 extend 10 crimes of political
character
ARTICLE II.
Mi her of TIE contracting parties shall be
bound to deliver up its own cilzens or subjects
under the siipula. ions OF this convention.
ARTICLE Ill.
Whenever any p,isun accused of any Of the
criIh,s enumerated in this convention Shal
| have committed new crime in the territories
Of the Slalr where he has sought an asy lum, Ut
shall be iound such person shall not be deliv-
cred up under the stIpuiations Of this conven
ton until he shall have been tried, and shall
have received the punishment due to such new
crime, or shall have been acquitted thereof.
ARTICLE ".
The present convention shall continue in force
until the first u january, one thousand eight
hundred and sixty, 1850 y and ii neither party
shall have gwen 10 the Other six months pre-
viuus notice VI its intention then 10 terminate
the Salir il shall further remain i'll force until
the end of twelve months after either Of the
hIgn contracting parties Shall have given notice
10 the other vi such intention each oil the high
contracting parties Itstrvlng 10 iStlf the right
Of giving such notice 10 the other at any time
aitr tn, expiration Of the said first day Of Jan
uary, one thousand eight hundred and sixty,
lo6U).
ARTICLE V.
The present convention shall be ratified by
the President, by and with tn advice and con.
sent OF the Sena,c of the United States, and BY
the government OF Batn. and the notifications
shall be exchanged in Berlin, within one year
from The date hereof. Or sooner, il possible
In faith whereof the respective plcnlpotentia
rics have signed this convention, and have htie
un,o affixed thin seals.
Done Ill duplicate at Berlin, the thrticth day
Of january, one thousand eight hundred ant
liity-s,voi, 1851 and the eighty first year o
The Independence vi the United States.
p. II. VROOM, L s..
AD0LPu BAR. MARSlllALL DE BIEB
LRSl Elm, H.. s..
And whereas the said convention has beer
duly aihrd Oh both parts, and the respective
a liicalons Of the same were exchanged a
f Benin, Oh the 2lst uitiluo, by Peter ID. Nioom
| envoy extraordinary and minister plenipotenli
T. arv OF the unitu States, and Adulph, BarOl
! Marachall de Bebtisttin. envoy extraordinary.
{ and minister plcniputen.iaiy Of his Roya
lligkueso tic Grand Duke Of Baden, at lii,
court Of his Majesty the King q Prussia, on tn
part Of THEN respective governments:
c Now. therefore be it known. that |. JANE!
BUCHAN, President of the United States G
Amerca, have cauSt d the said convention to b
made public 10 the end that The same and ev
cry clause and article thereof may be observe
: and fulfilled with good faith by the Unite
safes and the citizens thereof.
! In Witness whereof have hereunto set m
y hand and caus the seal Of the United State
: 10 be affixed.
- -, Done at the city of Washington
l.. s. this nineteenth day Of May in til
49, year of our Lord one thousand righ
y hundred and fifty seven, and Of the indeper
= dence of the United Of America the eighty
;, irst. JAMES BUCHANAN.
9 By the President:
n LEWIS CAss, Secretary Of State.