litical crime or offence committed by him previously to his extradition or on account of an act connected with such a political crime or offence, unless he has been at liberty to leave the country for one month after having been tried and, in case of condemnation, for one month after having suffered his punishment or having been pardoned. "An attempt against the life of the head of a foreign government, or against that of any member of his family when such attempt comprises the act either of murder or assassination, or of poisoning, shall not be considered a political offence or an act connected with such an offence." ARTICLE V. (Neither nation to deliver its citizens.)-"Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention." ARTICLE VI. (Offences in country of asylum.)-"If the person whose surrender may be claimed pursuant to the stipulations of the present treaty shall have been arrested for the commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be deferred until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced." ARTICLE VII.-(Requisitions for extradition: mode of procedure.) Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made. by superior consular officers. "If the person whose extradition may be asked for shall have been convicted of a crime or offence, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and attestation of the official character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of Belgium, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely charged with crime, a duly authenticated copy of the warrant for his arrest in the country where such warrant may have been issued, must accompany the requisition as aforesaid, "The President of the United States, or the proper executive authority in Belgium, may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examination. If it should then be decided that, according to the law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases." ARTICLE VIII.-(Expenses.)-"The expenses of the arrest, detention and transportation of the persons claimed shall be paid by the government in whose name the requisition has been made." ARTICLE IX.-(Exemption from extradition under statutes of limitation.)" Extradition shall not be granted, in pursuance of the provisions of this convention, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed, has become barred by limitation, according to the laws of the country to which the requisition is addressed." ARTICLE X.-(Articles seized with accused.)—“ All articles found in the possession of the accused party and obtained through the commission of the act with which he is charged, or that may be used as evidence of the crime for which his extradition is demanded, shall be seized if the competent authority shall so order, and shall be surrendered with his person. "The rights of third parties to the articles so found shall nevertheless be respected." ARTICLE XI.(-Duration of convention.)-" The present convention shall take effect thirty days after the exchange of ratifications. "After it shall have taken effect, the convention of March 19, 1874, shall cease to be in force and shall be superseded by the present convention which shall continue to have binding force for six months after a desire for its termination shall have been expressed in due form by one of the two governments to the other. "It shall be ratified and its ratifications shall be exchanged at Washington as soon as possible. "In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and French languages, and they have thereunto affixed their seals. "Done in duplicate, at the city of Washington, this thirteenth day of June, 1882.1 (Seal.) (Seal.) "FREDK. T. FRELINGHUYSEN, "THRE. DE BOUNDER DE MELSBROECK." 1 The first attempt of the United States to regulate extradition by treaty stipulation is the 27th article of the Jay treaty, of 1794. It included the crimes of murder and forgery only. The next treaty which contains a provision for extradition is the Ashburton treaty of 1842, by the 10th article of which the crimes of murder, assault with intent to commit murder, piracy, robbery, forgery, or the utterance of forged paper, "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 offense had there been committed." By the convention of July 12, 1889, the following offenses were added to this list : : 1. Manslaughter, when voluntary, 2. Counterfeiting or altering money; uttering or bringing into circulation counterfeited or altered money. 3. Embezzlement; larceny; receiving any money, valuable security or other property, knowing the same to have been embezzled, stolen, or fraudulently obtained. 4. Fraud by bailee, banker, agent, factor, trustee, or director or member or officer of any company, made criminal by the laws of both countries. 5. Perjury, or subordination of perjury. 6. Rape; abduction; child-stealing; kidnapping. 7. Burglary, house-breaking or shop-breaking. 8. Piracy by the law of nations. 9. Revolt, or conspiracy to revolt by two or more persons on board a ship on the high seas, against the authority of the master; wrongfully sinking or destroying a vessel at sea, or attempting to do so; assault on board ship on the high seas, with intent to do grievous bodily harm. 10. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading. Extradition is also to take place for participating in any of the crimes mentioned in this convention or in the aforesaid Tenth Article [of the treaty of 1842], provided such participation be punishable by the laws of both countries. Extradition is not to take place in the case of political offenses, and an extradited person is to be tried for no offense other than that for which he was surrendered. The United States have concluded extradition treaties as follows:Austria, 1856. Baden, 1857. Bavaria, 1853. Belgium, 1874 and 1882. Ecuador, 1872. France, 1843. Great Britain, 1889. Several minor German States acceded to the treaties with Prussia and Bavaria. The following general treaties contain articles with reference to extradition : Dominican Republic, 1867, articles 28-30. Great Britain, 1794, article 27; 1842, article 10. Hawaii, 1849, article 14. Hayti, 1864, articles 38-40. Orange Tree State, 1871, articles 8-12. Swiss Confederation, 1850, articles 13-18. Venezuela, 1860, articles 27-30. Extradition of citizens.—The United States Government, holding the common-law doctrine that criminals should be punished where the criminal act was committed, was willing to surrender its own citizens, under extradition provisions; but the Continental States of Europe, for the most part, punish their citizens for offenses committed abroad, and they were, therefore, unwilling to deliver them up; and accordingly a clause is inserted in the greater number of extradition treaties with these states stipulating that "neither party shall be bound to deliver up its own citizens under the provisions of this treaty." Such a clause is found in the treaties with Austria, Baden, Bavaria, Belgium, Hanover, Japan, Luxembourg, Mexico, Netherlands, Ottoman Empire, Peru, Prussia, Spain, Sweden and Norway, and Hayti. In the extradition treaty with Japan, this clause is followed by the proviso, that "they shall have the power to deliver them up if in their discretion it be deemed proper to do so." In the 24th article of the treaty of 1855 with the Two Sicilies, it is stipulated that "the citizens and subjects of each of the high contracting parties shall remain exempt from the stipulations of the preceding articles, so far as they relate to the surrender of fugitive criminals." It has become a question in the United States whether the clause, "neither is bound, etc.," is mandatory upon the President, or whether he may use his discretion in the matter. (See Snow's Cases on International Law, 158). VII. NATURALIZATION TREATIES. NORTH GERMAN UNION, 1868. Concluded February 22, 1868. Ratifications exchanged at Berlin, May 9, 1868. Proclaimed May 27, 1868. "The President of the United States of America and His Majesty the King of Prussia in the name of the North German Confederation, led by the wish to regulate the citizenship of those persons who emigrate from the North German Confederation to the United States of America, and from the United States of America to the territory of the North German Confederation, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries to conclude a convention, that is to say: The President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary from the said States near the King of Prussia and the North German Confederation: and His Majesty the King of Prussia, Bernhard König, Privy Councillor of Legation; who have agreed to and signed the following articles:" ARTICLE I. (Reciprocal naturalization conditions.)-" Citizens of the North German Confederation, who become naturalized citizens of the United States of America and shall have resided uninterruptedly within the United States five years, shall be held by the North. German Confederation to be American citizens, and shall be treated as such. "Reciprocally, citizens of the United States of America who become naturalized citizens of the North German Confederation, and shall have resided uninterruptedly within North Germany five years, shall be held by the United States to be North German citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. 230 |