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Provisions as to
The citizens or subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by personal property of testament, donation, or otherwise; and their representatives, citizens, &c. being citizens or subjects of the other party, shall succeed to their said personal goods, whether by testament or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods as would be taken of the goods of a native, in like case, until the lawful owner may take measures for receiving them. And if question should arise among sev eral claimants to which of them said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding real estate within the territories of the one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation and exempt from all duties of detraction, on the part of the Government of the respective States. But this article shall not derogate in any manner from the force of the laws already published, or hereafter to be published by His Majesty the King of Prussia, to prevent the emigration of his subjects.
The present treaty shall continue in force for twelve years, counting from the day of the exchange of the ratifications; and if Duration of treaty. twelve months before the expiration of that period, neither of the high contracting parties shall have announced, by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on until the expiration of the twelve months, which will follow a similar notification, whatever the time at which it may take place.
This treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Prussia, and the ratifications shall be exchanged in the city of Washington, within nine months from the date of the signature hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed the above articles, both in the French and English languages, and they have thereto affixed their seals; declaring, nevertheless, that the signing in both languages shall not be brought into precedent, nor in any way operate to the prejudice of either party.
Done in triplicate at the city of Washington on the first day of
PRUSSIA AND OTHER STATES, 1852.
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:
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:
to he mutually sur
It is agreed that the United States and Prussia, and the other States of the Germanic Confederation included in or which may 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
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.
The stipulations of this convention shall be applied to any other State of the Germanic Confederation which may hereafter declare its accession thereto.
Other States may accede hereto.
No State to anf render its own citi zens.
None of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention.
No surrender to be
sion where the per
Whenever any person accused of any of the crimes enumerated in this convention shall have committed 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
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.
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
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.
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 empowered 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 ratificaof 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.
By the President of the United States of America.
June 16, 1832.
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 criminals, 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;
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 Independence of the United States the seventy-eighth.
By the President:
W. L. MARCY, Secretary of State.
[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.]