Page:United States Statutes at Large Volume 18 Part 2c.djvu/44

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BADEN, 1857. 37 B A D E N. BADEN, 1857. EX;l`RADl'l`lON CON\'El<'l`lCN WITH BADEN, CONCLUD1c1J AT BERLIN, JAN- January 30, 1857. ttlikiqtft iii?é·R*ié}t%k9€'§}§§Cé%§‘€i£ ‘i9‘.t·F*£~““¥i MARCH ‘* M `____ AT B11RL1N APRIL 21, 1857; PR0CLA1lmEl)> MAY fofggilobs LXCHALGDD Convention for the mutual delivery of eruminale, fugttives from justice, in certain cases, concluded between the United States on the one part, and the Grand Duchy of Baden on the other part. Whereas it is found expedient, for the better administration of justice .Preamb1e. and the prevention of crime within the territories and jurisdiction of - the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered np; and also to enumerate such crimes explicitly; ` and whereas the laws and constitution of Baden do not allow its Government to surrender its own citizens to a foreign jurisdiction, the Government of the United States, with a view of making the convention strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States; therefore, on the one part the Contracting par- United States of America, and on the other part His Royal Highness ticsthe Grand Duke of Baden, 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 States of America, Peter 1). Vroom, En- N¢g¤ti¤f<>¤¤· voy Extraordinary and Minister Plenipotentiary of the United States at the Court of the Kingdom of Prussia; and his Royal Highness the Grand Duke of Baden, Adolph, Baron Marschall de Biebersteiu, His said Royal Highness’ Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, &c., &c., &c.; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles: Anrrezun I. It is agreed that the United States and Baden shall, upon mutual nxmidition of requisitions by them, or their ministers, officers, or authorities, respect- ¤ri¤¤i¤¤l¤· ively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall only be done upon such evidence of Ev;,].,,,,,,, of criminality as, according to the laws of the place where the fugitive or criminality. person so charged shall be found, would justify his apprehension and commitment for trial, if 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 a warrant for 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 cruninality may be heard and considered; and if, on such hearing, the evi-