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PRUSSIA AND OTHER STATES, 1852.

Preamble.

Parties.

CONVENTION WITH PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, FOR THE MUTUAL DELIVERY OF CRIMINALS FUGITIVES FROM JUSTICE IN CERTAIN CASES. CONCLUDED JUNE 16, 1852; RATIFICATIONS EXCHANGED MAY 30, 1853; PROCLAIMED JUNE 1, 1853. Whereas it is found expedient, for the better administration of justice 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 up, and also to enumerate such crimes explicitly; and whereas the laws and constitution of Prussia, and of the other German States, parties to this convention, forbid them to surrender their 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 United States of America, and, on the other part, His Majesty the King of Prussia, in his own name, as well as in the name of His Majesty the King of Saxony, His Royal Highness the Elector of Hesse, His Royal Highness the Grand Duke of Hesse and on Rhine, His Royal Highness the Grand Duke of Saxe-Weimar-Eisenach, His Highness the Duke of Saxe-Meiningen, His Highness the Duke of Saxe-Altenburg, His Highness the Duke of Saxe-Coburg-Gotha, His Highness the Duke of Brunswick, His Highness the Duke of Anhalt-Dessau, His Highness the Duke of Anhalt-Bernburg, His Highness the Duke of Nassau, His Serene Highness the Prince Schwarzburg-Rudolstadt, His Serene Highness the Prince of Schwarzburg-Sondershausen, Her Serene Highness the Princess and Regent of Waldeck, His Serene Highness the Prince of Reuss, elder branch, His Serene Highness the Prince of Reuss, junior branch, His Serene Highness the Prince of Lippe, His Serene Highness the Landgrave of Hesse-Homburg, as well as the free city of Francfort, 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:

Negotiators.

The President of the United States of America, Daniel Webster, Secretary of State, and His Majesty the King of Prussia in his own name, as well as in the name of the other German Sovereigns above enumerated, and the free city of Francfort, Frederic Charles Joseph von Gerolt, his said Majesty's Minister Resident near the Government of the United States;

Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles:

ARTICLE I.

to be mutually sur

It is agreed that the United States and Prussia, and the other States of the Germanic Confederation included in or which may Persons charged hereafter accede to this convention, shall, upon mutual re- with certain crimes quisitions by them or their ministers, officers, or authorities, rendered. respectively 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 utterance of forged papers, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys committed with

Proceedings before

surrender.

in 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 criminality as, according to the laws of the place where the fugitive or 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 criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.

ARTICLE II.

The stipulations of this convention shall be applied to any other State of the Germanic Confederation which may hereafter declare acrede heto. its accession thereto.

Other States may

No State to Fur

ARTICLE III.

None of the contracting parties shall be bound to deliver render its own citi up its own citizens or subjects under the stipulations of this convention.

zens.

ARTICLE IV.

No surrender to be

sion where the per

Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the made till the provi- territories of the State where he has sought an asylum, or son demanded has shall be found, such person shall not be delivered up under the State where he the stipulations of this convention until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof.

committed crimes in

is found.

treaty.

ARTICLE V.

The present convention shall continue in force until the 1st of JanLimitation of this uary, 1858, and if neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other 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 expiration of the said first day of January, 1858.

ARTICLE VI.

The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Government of Prussia, and the ratifi

Ratifications.

cations shall be exchanged at Washington within six months from the date hereof, or sooner if possible.

In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals.

Done in triplicate at Washington, the sixteenth day of June, one thousand eight hundred and fifty-two, and the seventy-sixth year of the Independence of the United States.

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ADDITIONAL ARTICLE TO THE CONVENTION OF JUNE 16, 1852, BETWEEN THE UNITED STATES. ON THE ONE PART, AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION ON THE OTHER PART, FOR THE MUTUAL DELIVERY OF CRIMINALS FUGITIVES FROM JUSTICE IN CERTAIN CASES. CONCLUDED NOVEMBER 16, 1852; RATIFICATIONS EXCHANGED MAY 30, 1853; PROCLAIMED JUNE 1, 1853.

Whereas it may not be practicable for the ratifications of the convention for the mutual delivery of criminals, fugitives from justice, in certain cases, between the United States and Prussia and other States of the Germanic Confederation, signed at Washington on the 16th day of June, 1852, to be exchanged within the time stipulated in said convention; and whereas both parties are desirous that it should be carried into full and complete effect: The President of the United States of America has fully empowered on his part Edward Everett, Secretary of State of the United States, and His Majesty the King of Prussia, in his own name, as well as in the name of the other German sovereigns enumerated in the aforesaid convention, has likewise fully empow ered Frederick Charles Joseph von Gerolt, his said Majesty's Minister Resident near the Government of the United States; who have agreed to and signed the following article:

The ratifications of the convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded on the 16th

Time for ratifica

of June, 1852, shall be exchanged at Washington within one tion extended. year from the date of this agreement, or sooner should it be possible. The present additional article shall have the same force and effect as if it had been inserted, word for word, in the aforesaid convention of the 16th of June, 1852, and shall be approved and ratified in the manner therein prescribed.

In faith whereof we, the respective Plenipotentiaries, have signed this agreement, and have hereunto affixed our seals.

Done at Washington this sixteenth day of November, one thousand eight hundred and fifty-two, and the seventy-seventh year of the Independence of the United States.

EDWARD EVERETT. [L. S.]
FR. v. GEROLT.

[L. S.]

By the President of the United States of America.

A PROCLAMATION.

June 16, 1852.

Whereas it is provided by the second article of the convention of the 16th of June, 1852, between the United States and Prussia and other

States of the Germanic Confederation, for the mutual delivery of crimi nals, fugitives from justice, in certain cases, that the stipulations of that convention shall be applied to any other State of the Germanic Confederation which might thereafter declare its accession thereto;

Bremen.

And whereas the Free Hanseatic city of Bremen has declared its accession to the said convention, and the exchange of the said declaration for my acceptance of the same was made at Washington on the 14th instant, by Rudolph Schleiden, Minister Resident of the said Free Hanseatic city of Bremen, and William L. Marcy, Secretary of State of the United States, on behalf of their respective governments:

Now, therefore, be it known, that I, FRANKLIN PIERCE, President of the United States of America, have caused this information to be made public, in order that the stipulations of the said convention may be observed and fulfilled with good faith in respect to the Free Hanseatic city of Bremen by the United States and the citizens thereof.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at Washington the fifteenth day of October, in the year of .our Lord one thousand eight hundred and fifty-three, and of the Independ ence of the United States the seventy-eighth.

[L. S.]

By the President:

W. L. MARCY, Secretary of State.

FRANKLIN PIERCE.

[Notice of the accession of the Governments of Mecklenburg-Schwerin, Mecklenburg-Strelitz, Oldenburg, Schaumburg-Lippe, and Würtemburg to the foregoing convention of June 16, 1852, with Prussia and other States of the Germanic Confederation, and to the additional article thereto of November 16, 1852, with the date of such accession, and that of the proclamation of the fact by the President, will be found under the names of the respective States in their alphabetical order.]

RUSSIA.

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RUSSIA, 1824.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND RUSSIA, RELATIVE TO NAVIGATING, FISHING, &c., IN THE PACIFIC OCEAN. CONCLUDED APRIL 5-17, 1824; RATIFICATIONS EXCHANGED DECEMBER 30, 1824, JANUARY 11, 1825; PROCLAIMED JANUARY 12, 1825.

In the name of the Most Holy and Indivisible Trinity.

The President of the United States of America and His Majesty the Emperor of all the Russias, wishing to cement the bonds of amity which unite them, and to secure between them the invariable maintenance of a perfect concord, by means of the present convention, have named as their Plenipotentiaries to this effect, to wit:

The President of the United States of America, Henry Middleton, a citizen of said States, and their Envoy Extraordinary and Minister Plenipotentiary near his Imperial Majesty; and His Majesty the Emperor of all the Russias, his beloved and faithful Charles Robert Count of Nesselrode, actual Privy Counsellor, Member of the Council of State, Secretary of State directing the administration of Foreign Affairs, actual Chamberlain, Knight of the Order of St. Alexander Nevsky, Grand Cross of the Order of St. Wladimir of the first class, Knight of that of the White Eagle of Poland, Grand Cross of the Order of St. Stephen of Hungary, Knight of the Orders of the Holy Ghost and of St. Michael, and Grand Cross of the Legion of Honor of France, Knight Grand Cross of the Orders of the Black and of the Red Eagle of Prussia, of the Annunciation of Sardinia, of Charles III of Spain, of St. Ferdinand and of Merit of Naples, of the Elephant of Denmark, of the Polar Star of Sweden, of the Crown of Würtemberg, of the Guelphs of Hanover, of the Belgic Lion, of Fidelity of Baden,, and of St. Constantine of Parma; and Pierre de Poletica, actual Counsellor of State, Knight of the Order of St. Anne of the first class, and Grand Cross of the Order of St. Wladimir of the second;

Who, after having exchanged their full powers, found in good and due form have agreed upon and signed the following stipulations:

ARTICLE I.

It is agreed that, in any part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or Navigation and fishsubjects of the high contracting Powers shall be neither dis- eries of the Pacific. turbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following articles.

ARTICLE II.

With a view of preventing the rights of navigation and of fishing exerTranslation from the original, which is in the French language.

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