Page:United States Statutes at Large Volume 18 Part 2c.djvu/750
SWEDEN AND NORWAY, 1860. 743 of the parties respectively, that persons committing certain crimes, being_ fugitives from justice, should, under certain circumstances, bc reqnprocally delivered up; and also to enumerate such crimes explicitly: . The United States of America on the one part, and His Majesty the Nm,,,,,,,,, King of Sweden and Norway on the other part, having resolved to . treat on this subject, have for that purpose appointed their respective Plenipotentiaries to negotiate and conclude a convention, that is to say: The President of the United tates of America, Lewis Cass, Secretary mE“*"°““€P“"' of State of the United States, and- His Majesty the King of Sweden and ' Norway, Baron Nicholas William de Wetterstedt, Knight of the Orders of the Polar Star and of St. Olad`, Commander of the Order of Dannebrog of Denmark, his said Majesty’s Minister Resident near the Govemment of the United States; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles: Aaricm L It is agreed that the high contracting parties shall, upon mutual .EF**‘¤‘ml°¤ °f requisitions by them, their Diplomatic or Consular Agents, respectively °""""°l°‘ made, deliver up to justice all persons who, being charged with or con- · demned for any of the crimes enumerated in the following article, committed within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other: Provided, that this Evidence or surrender and delivery shall not be obligatory on either of the high °¤¤¤l¤¤·liW· contracting parties except upon presentation by the other, in original or in verified copy, of the judicial declaration or sentence establishing the culpability of the fugitive, and issued by the proper authority of the Government who claims the surrender, in case such sentence or declaration shall have been pronounced; said document to be drawn up and certified according to the forms prescribed by the laws of the country making the demand. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demanding party shall have furnished such proof of culpability as would have been sudicient to justify the apprehension and commitment for trial of the accused if the offence had been committed in the country where he shall have taken refuge. Anrrcnn IL Persons shall be so delivered up who shall have been charged with or ax t radition sentenced for any of the following crimes, to wit: Murder, (including °¤*¤¤¤- assassination, parricide, infanticide, and poisoning,) or attempt to commit murder; rape; piracy, (including mutiny on board a ship, whenever the crew or part thereof, by fraud or violence against the commander, have taken possession of the vessel;) arson; robbery and burglary; forgery, and the fabrication or circulation of counterfeit money, whether coin or paper money • embezzlement by public officers, including appropriation of public funds. Ameronn HI. The expenses of any detention and delivery, efected in virtue of the Erpenses or dopreceding provisions, shall be borne and defrayed by the party who ,*;;'*'°“ “'*d d°‘ ma-kes the requisition and receives the fugitive. °"' _ Anrxona IV. Neither of the contracting parties shall be bound to deliver up, under Neither party to the stipulations of this convention, any person who, according to the ¤l*g'°°‘l°' l*' °'"* laws of the country where he shall be found, is u citizen or n subject of °‘ ”°"" the sameat the time his surrender is demanded.