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Done at the city of Managua, this twenty-first day of June, in the year of our Lord one thousand eight hundred and sixty-seven. A. B. DICKINSON. [SEAL.]

[SEAL.] TOMÁS AYON.

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1870.

EXTRADITION CONVENTION.

Concluded June 25, 1870; ratification advised by the Senate with amendments March 31, 1871; ratified by the President April 11, 1871; ratifications exchanged June 24, 1871; proclaimed September 19, 1871. (Treaties and Conventions, 1889, p. 787.)

I. Delivery of accused.

II. Extraditable crimes.

ARTICLES.

III. Political and previous offenses.
IV. Persons under arrest in country
where found.

V. Procedure.

VI. Expenses.

VII. Duration; ratification.

The United States of America and the Republic of Nicaragua, having judged it expedient, with a view to the better administration of justice, and to prevention of crimes within their respective territories. and jurisdiction, that persons convicted of, or charged with the crimes hereinafter mentioned and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a Convention for that purpose, and have appointed as their plenipotentiaries: the President of the United States, Charles N. Riotte, a citizen and Minister Resident of the United States in Nicaragua, the President of the Republic of Nicaragua, Mister Tomas Ayon, Minister for For. Relations, who after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, viz:

ARTICLE I.

The Government of the United States and the Government of Nicaragua mutually agree to deliver up persons who, having been convicted of or charged with the crimes specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or 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 or her apprehension and commitment for trial, if the crime had been there committed.

ARTICLE II.

Persons shall be delivered up, who shall have been convicted of, or be charged, according to the provisions of this convention, with any of the following crimes.

1. Murder, comprehending assassination, parricide, infanticide and poisoning.

2. The crimes of rape, arson, piracy and mutiny on board a ship, whenever the crew, or part thereof, by fraud or violence against the commander, have taken possession of the vessel.

3. The crime of burglary, defined to be the action of breaking and entering by night into the house of another with the intent to commit felony; and the crime of robbery, defined to be the action of feloniously and forcibly taking from the person of another, goods or money, by violence or putting him in fear.

4. The crime of forgery, by which is understood, the utterance of forged papers, the counterfeiting of public, sovereign or government acts.

5. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, banknotes, and obligations, and in general, of all titles of instruments of credit, the counterfeiting of seals, dies, stamps, and marks of state and public administrations and the utterance thereof.

6. The embezzlement of public moneys committed within the jurisdiction of either party, by public officers or depositors

7. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subjected to infamous punishment.

ARTICLE III.

The provisions of this treaty shall not apply to any crime or offence of a political character, and the person or persons delivered up for the crimes enumerated in the preceding article, shall in no case be tried for any ordinary crime, committed previously to that for which his or their surrender is asked.

ARTICLE IV.

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 V.

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, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal, and an 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 Nicaragua, 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 the crime may have been committed and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States, or the

proper executive authority in Nicaragua may, then, issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for examining the question of extradition. If it should then be decided that, according to law and evidence, the extradition is due pursuant to this treaty, the fugitive may be given up according to the forms prescribed in such cases.

ARTICLE VI.

The expenses of the arrest, detention, and transportation of the persons claimed, shall be paid by the Government in whose name the requisition shall have been made.

ARTICLE VII.

This convention shall continue in force during five (5) years from the day of exchange of ratifications, but if neither party shall have given to the other six (6) months' previous notice of its intention to terminate the same, the convention shall remain in force five (5) years longer, and so on.

The present convention shall be ratified and the ratifications exchanged at the Capital of Nicaragua, or any other place temporally occupied by the Nicaraguan Government, within twelve (12) months, or sooner if possible.

In witness whereof, the respective plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals.

Done at the city of Managua, Capital of the Republic of Nicaragua, the twenty fifth day of June one thousand eight hundred and seventy, of the independence of the United States the ninety fourth, and of the independence of Nicaragua the fifty ninth.

CHARLES N. RIOTTE. [SEAL.]
TOMAS AYON.

[SEAL.]

7468- -30

NORTH GERMAN UNION.

(SEE ALSO GERMAN EMPIRE AND PRUSSIA.)

1868.

NATURALIZATION CONVENTION.

Concluded February 22, 1868; ratification advised by the Senate with amendment March 26, 1868; ratified by the President March 30, 1868; ratifications exchanged May 9, 1868; proclaimed May 27, 1868. (Treaties and Conventions, 1889, p. 790.)

ARTICLES.

I Naturalization recognized. II. Punishment for offenses prior to naturalization.

III. Extradition.

IV. Renunciation of naturalization.
V. Duration.
VI. Ratification.

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 1.

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.

This article shall apply as well to those already naturalized in either country as those hereafter naturalized.

ARTICLE 2.

A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country and committed before his emigration; saving always the limitations established by the laws of his original country.

ARTICLE 3.

The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part and Prussia and other states of Germany on the other part, the sixteenth day of June, one thousand eight hundred and fifty-two, is hereby extended to all the states of the North German Confederation.

ARTICLE 4.

If a German naturalized in America renews his residence in North Germany without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally: if an American naturalized in North Germany renews his residence in the United States, without the intent to return to North Germany he shall be held to have renounced his naturalization in North Germany. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country.

ARTICLE 5.

The present convention shall go into effect immediately on the exchange of ratifications and shall continue in force for ten years. 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 contracting parties shall have given notice to the other of such intention.

ARTICLE 6.

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 His Majesty the King of Prussia in the name of the North German Confederation; and the ratifications shall be exchanged at Berlin within six months from the date hereof.

In faith whereof the Plenipotentiaries have signed and sealed this Convention.

BERLIN, the 22nd of February, 1868.

GEORGE BANCROFT
BERNHARD KÖNIG

SEAL.
SEAL.

1See p. 520

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