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parties, have signed the present treaty, and have thereto affixed our seals.
Done in quadruplicate at the city of Hanover, on the tenth day of June, in the year of our Lord one thousand eight hundred and forty-six, and in the seventieth year of the Independence of the United States of America.
A. DUDLEY MAISTN. [l. 8.1
GEORGE FREDERICK BAROX DE FALCKE. [L. s.j
[For accessions to this treaty, under the twelfth article thereof, see names of the particular States.]
CONVENTION WITH HANOVER, FOR THE MUTUAL EXTRADITION OF FUGITIVES FROM JUSTICE IN CERTAIN CASES. CONCLUDED JANUARY 18,1855; RATIFICATION EXCHANGED APRIL 17, 1855; PROCLAIMED MAY 5, 1855.
The United States of America and His Majesty the King of Hanover, actuated by an equal desire to further the administration of justice, and to prevent the commission of crime in their respective countries, taking into consideration that the increased means of communication between Europe and America facilitate the escape of offenders, and Extradiuoi, of that consequently provision ought to be made in order . riuum.i». that the ends of justice shall not be defeated, have determined to conclude an arrangement destined to regulate the course to lie observed in all cases with reference to the extradition of such individuals as, having committed any of the offences hereafter enumer ■ ated iu one country, shall have taken refuge within the territories of the other. The constitution and laws of Hanover, however, not allowing the Hanoverian Government to surrender their own subjects for trial before a foreign court of justice, a strict reciprocity requires that the Government of the United States shall be held equally free from any obligation to surrender citizens of the United States. For which pur poses the high contracting Powers have appointed as their Plenipotentiaries:
The President of the United States, James Buchanan, Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Britain and Ireland; His Majesty .the King of Hanover, the Count Adolphus von Kielmansegge, his Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty, Grand Cross of the Order of the Guelphs, &c, &c; «
Who, after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following articles:
The Government of the United States and the Hanoverian Governor ,.ut meut promise and engage, upon mutual requisitions by "mloiK."'"TMthem, or their Ministers, officers, or authorities, respectively made, to 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 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 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 Goverments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehensiou 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 „, ,,,.r G.rm„,c its accession thereto. St""
None of the contracting parties shall be bound to deliver up its own subjects or citizens under the stipulations of this convention.
Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the t, ,„„,„„, territories of the State where he has sought an asylum, or h»-c!Tmmit«TTMM shall be found, such person shall not be delivered up, under 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.
The present convention shall continue 1n force until the first of January, one thousand eight hundred and fifty-eight; and if n„r»tioo of thi, neither party shall have given to the other six months' c°°vTM,io"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, one thousand eight hundred and fiftyeight.
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 Hanover, and the ratifications "•««<»■•. shall be exchanged in London within three months from the date hereof, or sooner if possible.
In faith whereof the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals.
Done in duplicate in London, the eighteenth day of January, one thousand eight hundred and fifty-five, and the seventy-ninth year of the Independence of the United States.
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE KING OF HANOVER, CONCERNING THE ABOLITION OF THE STADE OR BRUNSHAUSEN DUES. CONCLUDED NOVEMBER 6, 1861; RATIFICATIONS EXCHANGED AT BERLIN APRIL 29, 1862; PROCLAIMED JUNE 17. 1862.
Special treaty concerning the abolition of the Stade or Brunshausen dues.
The United States of America and His Majesty the King of Hanover, equally animated by the desire to increase and facilitate the l"°t""""s'""1:t' relations of commerce and navigation between the two countries, have resolved to conclude a special treaty, to the end to free the navigation of the Elbe from the tolls known under the designation of the Stade or Brunshausen dues, and have for that purpose conferred full powers:
The President of the United States of America upon Mr. Norman B.
Judd, Envoy Extraordinary and Minister Plenipotentiary
.potently*.. oj. ^e United States of America to Prussia, aud His Majesty the King of Hanover upon his Envoy Extraordinary and Minister Plenipotentiary at the Royal Prussian Court, the Lieutenant Colonel and Extraordinary Aid-de-Camp, Mr. August Wilhelm von Reitzenstein, Knight Commander of the 2d class of the Royal Guelphick Order, etc.;
Who, after having exchanged their full powers, and having found them to be in due and proper form, have concluded the following articles:
His Majesty the King of Hanover assumes towards the United States of America, who accept the same, the obligation—
1. To abolish completely and forever the toll hitherto levied on the sr.* or B,u»». cargoes of American vessels ascending the Elbe, and pass
ing the mouth of the river called Schwinge, designated under the name of the Stade or Brunshausen dues;
2. To levy no toll of any kind, of whatever nature it may be, upon the hulls or cargoes of American vessels ascending or descending the Elbe, in place of those dues, the abolition of which is agreed upon in the preceding paragraph;
3. Nor to subject hereafter, under any pretext whatever, American vessels ascending or descending the Elbe to any measure of control regarding the dues that are hereby abolished.
His Majesty tho King of Hanover obligates himself moreover to the United States of America—
1. To provide as hitherto, and to the extent of the existing obligations, for the maintenance of the works that are necessary «■•>*•
tor the free navigation of the Elbe; ihi'^"'8"" """
2. Not to impose, as a compensation for the expenses resulting from the execution of this obligation, upon the American marine, any charge whatever, in lieu and place of the Stade or Brunshansen dues.
.' Article HI.
By way of damage and compensation for the sacrifices imposed upon His Majesty the King of Hanover by the above stipulations, the United States of America agree to pay to His Majesty the King of Hanover, who accepts the same, the sum of sixty thousand three hundred and fifty-three thalers, Hanoverian currency, this being the proportional quota part of the United States in the general table of indemnification for the abolition of the Stade or Brunshauseu dues.
The sum of sixty thousand three hundred and fifty-three thalers courant, stipulated in Article III, shall be paid at Berlin, into the hands of such person as shall have been authorized by His Majesty the King of Hanover to receive it, on the day of the exchange of ratifications as hereinafter provided.
In consideration of the fact that the stipulations contained in Articles I and II have already been applied to the American flag since the first day of July, 1861, the United States of America agree to pay besides, and the same time with the capital above named, the interest of that sum, at the rate of four per centum per annum, commencing with the first day of October, 1801.
The execution of the obligations contained in the present treaty is especially subordinated to the accomplishment of such formalities and rules as are established by the constitutions of the high contracting Powers, and the compliance with these formalities and rules be brought about within the shortest delay possible.
The treaty of commerce and navigation concluded between the United States of America and His Majesty the King of Hanover on "the tenth day of June, 1840, shall continue to remain Forn,er in force, with the exception of the stipulation contained in paragraph 3, Article I, which shall cease to have effect after the present treaty shall have be.en ratified.
This treaty shall be approved and ratified, and the ratifications shalL be exchanged at the city of Berlin, within six months from the present date, or .sooner it possible. In faith whereof the respective Plenipotentiaries have signed the above articles, both in the English and German languages, and they have thereto affixed their seals. Done in duplicate at Berlin the sixth day of November, in the year of" our Lord one thousand eight hundred and sixty-one, aud the Independence of the United States of America the eighty-sixth.
N. B. JUDD. [L.S.]
It remains understood that, until the execution of the stipulations contained in Articles V and VII of the treaty of to-day shall have taken place, the Hanoverian Government shall preserve the right, provisionally, by way of precaution, to maintain the dues which it has agreed to abolish. But as soon as the United States of America shall have fulfilled the stipulations therein mentioned, the Hanoverian Government shall order the discharge of that temporary measure of precaution, as regards merchandise transported in American vessels. Until, however, all the Powers, parties to the general treaty
jwori>.tio1i«i,t °^ ^e y °^ "^une' 1861, concerning the abolition of
a-roo „ rationiiim. ^e or Brunshausen dues, shall have fulfilled the engagements contained in the Articles VI and VH of the last-named treaty, it shall have power to require of American vessels a proof of their nationality, without thereby causing them a delay or detention. Done at Berlin the 6th November, 1861.
N. B. JUDD. • [l.s.j
WILHELM AUGUST VON EEITZENSTEIN. [l. s.