, 1858-12-24

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Convention Tor the mutual delivery Of criminals, fugt
tvos from jastiee, in certain cases, concluded be
tNetn the Ontcd States, on the one part and The
Craud Dachy OF Baden, On the other part.
WHEREAS l. Is found expcdieut, i1r the better ad-
ministration Of justice and the prevention OF crime
within the crrt1gcs and laflsdcllun OF the p1I;ic
respectively that persons committing certain hcinous
criincs beng fugitve- from JUSTICE shosld, under
certain circumstances. be reciprocity delivered up;
and also " enumerste such crimes explicitly; aad
whereas The laws and constitution Of Baden do hot
allow il government u surrender lis own citizens 70
foreign Jurisdiction, The government of The United
Ststes, with view o. making the convention strictly
reciprocal shall be held equally tire nom any obga-
ton b surrender citzcns OF the United Sates there
fore, on the one part, The United states 0t America
and the other part, his Royal Hghness the Grand
Duke Of Baden having resolved 10 treat On this sub
cct have for that purpose appointed their respective
peuipotentiares 70 negotiate aud conclude c0nyea-
ton; that 10 to say, the President q the United
states Of America. Peter D. YFeom, envoy cxlrAordi
nary and minister plenipoteatiary q the United
States at the court OF The kingdom Of Prussia and his
Royal Highues- the Grand DGke Of Baden, Adolph,
Baron Marschall de BeAerstein, his sad Royal High
ness envoy extraordinaty and minister penip1ien-
tary at the court Of bis Majesty the King OF Prussia,
&c. Se &c; who, after reciprocal communication Of
their respective powera have agreed 10 and signed the
following articles:
AHrIclEI IL is agreed that the United States and
Baden shall. upon mutual reqgisitons by them, or
their minisiefs ocers, authorities, respectively
made. deliver up 10 justice all persons who being
trut TO commit murder or piracy, or arson, or rob.
ery or forgery or the fabrication or circulation q
counterfeit money, or the emhezzlemtnt Of public
moneys committed within the juriad ctioh Of either
party shall seek asylum. shall be found within
he territories Of the other: Pr0uidsd, That this shall
only bc done upon such evidence OF ermiualty as,
according to the laws Of the place where the iugtve
or person 20 charged shall he foaId would jasty bis
apprehension and commitment for trial il the crime
offence had there been committed; aud the Tespee
tive judges and ether magistrates Of the two govern
meut- shall have power, jurisdiction, and authority
upon complaint made under cath, 70 Issue warrant
ior the apprehension Of the fugitive or person so
charged, that he may be brought befre sach judges
or other mngstate. respectively, u the end that the
evidence of crminaly may be heard and considered;
and w. on such beaTinE, the evidence he deemed sui
hceni to sustain the charge 1t shall be the duty Of the
examining judge magistrate 10 certiy the same To
the proper executive authority, that n 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 requisiton and receives the fugitive.
Nothing In this Atc,e contained shall be construed
10 extend 10 crimes Of political character.
Art. il. Neither OF The contracting parties shall
be bound 10 deliver up its citizens subjects un
der the stpulAtlous OF this convention.
AHS. Ill Whenever any person accused Of aay
Of the crimes engmauted IN this convention shall
have committed new crime in the territories Of the
State where he has sought an asylum, or shall be
oand such person shall not be delivered up under tie
stipalatOns OF this convention until he shall have
due to such new crime, or shall have been acquitted
thereof.
ART. ". The present convention shall continue in
force until the first Of January, one thousand eight
hundred and sixty, (s60) and II neither party shall
have given 70 the other six months previous notice Of
IL intention then 10 terminate the same II shall fur
ther remain IN force until the end OF twelve months
acr either Of the high contracting parties shall have
given notice 70 the ether Of such intention each Of
the high contracting parties reserving to itself the
right Of giving such notice TO the other at any time
after the expTat Of The said frat day Of January
one th0usand eight hundred and sixty, QsC0)
ART, V. The present convention shall be ratified
by the President by aud with the advice and consent
OF the Senate Il the United States and by the gov
eminent of Baden, and the ratilcauons shall be ex.
changed in Berlin, within one year from the date
hereof, or sooner, II possible.
In faith whereof the respective plenipotentiaFies
have signed this convention, and have hereunto ai
Done IN duplicate at Berlin, the thrtieth day Of
January, one thousand eight hundred and fhy seven,
(ls57) and the elghtyirt year Of the Independence
Of the United States.
AD0LPH BAR. MAsCHALL
DE BlEBERSTElN, IL. 81
And whereas, the said convention has leen duly
ratified both parts and the respective ratihcatons
Of the came were exchanged at Berlin, on the 2lst
utimo, by Peter d. Nroom, envoy extraordinary and
minister penipotentiary Of the United States, and
Adolph, Baron Machall de BiebeTsiein, envoy extra
ordinary and minister psnipStSsntiaTy Of BIS Royal
his Majesty the King Of Prussia on the part Of theiI
respective governments;
Now. therefore, be It known, that ], JAMES Blu
CHANAN, President Of the United States Of Ameri.
ca, have caused the said convention 10 be made pub
lie 10 the end that the same and every clause aud
article thereof may be observed and fulfilled by the
United States and the citizens thereof.
In testimony whereof, have horeunto set my hand
aud the seal Of the United States 10 be axed
Done Al the City Of Washington. this nineteenth
day Of May, Ammo Domini eighteen hun
Il. 81 dred and hltyseven and Of the Independence
ofthe United States Of America the eighty
first
JAMES BUCHANAN. .
By the Presidents