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to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy, naturalized in the United States, who by, or after, his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those, above enumerated in the clauses numbered one, two, and three, can, on his return to his original country, neither be held subsequently to military service nor remain liable to trial and punishment for the nou-fulnlnient of his military duty.

Article III.

The convention for the mutual delivery of criminals, fugitives from T,TM.«»..f3,ij..ir, justice, concluded on the 3d July, 1850, between the GovMM. sit M..y. iws.' eminent of the United States of America on the one part, and the Austro-Hungarian Monarchy on the other part, as well as the additional convention, signed on the 8th May, 1818, to the treaty of commerce and navigation concluded between the said Governments on the 27th of August, 1839, and especially the stipulations of Article IV of the said additional convention concerning the delivery of the deserters from the ships of war and merchant vessels, remain in force without change.

Article TV.

The emigrant from the one State, who, according to Article I, is to be K»nun<-i«i.„i of held as a citizen of the other State, shall not, on his return naiumii»ii.i.n. ^0 original country, be constrained to resume his former citizenship; yet, if he shall of his own accord reacquire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no tixed period of residence shall be required for the recognition of his recovery of citizenship in his original country.

Article V.

The present convention shall go into effect immediately on the exiiur,.TM ui .on change of ratiflcations, and shall continue in force ten years. ,<-i.t.on. jf neither party shall have given to the other six mouths'

previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after cither of the contracting parties shall have given notice to the other of such intention.

Article VI.

The present convention shall be ratified by the President of the United States, by and with the consent of the Senate of the United States, and by His Majesty the Emperor of Austria, etc., King of Hungary, with the constitutional consent of the two .Legislatures of the Austro-Hungarian Monarchy, and the ratifications shall be exchanged at Vienna within twelve months from the date hereof.

In faith whereof the Plenipotentiaries have signed this convention as well in German as in English, and have thereto affixed their seals.

Hone at Vienna the twentieth day of September, in the year of our Lord one thousand eight hundred and seventy, in the ninety-fifth year of the Independence of the United States of America, and in the twentysecond year of the reign of His Imperial and lloyal Apostolic Majesty.

SEAL.
SEAL.

JOHN JAY.
BEUST.

BADEN.

BADEN, 1857*

CONVENTION WITH BADEN, CONCLUDED JANUARY 30,1857; RATIFICATIONS EXCHANGED APRIL 21, 1857; PROCLAIMED MAY 19, 1857.

Convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded betiveen the United States on the one part, and the Grand Duchy of Baden on the other part.

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 Baden do not allow its Government to surrender its 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 Uuited States of America, and on the other part liis Royal Highness the Grand Duke of Baden, 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, Peter D. Vroom, Envoy Extraordinary and Minister Plenipotentiary of the United States at the Court of the Kingdom of Prussia; and His Koyal Highness the Grand Duke of Baden, Adolph, Baron Marschall de Bieberstein, His said Royal Highness's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, &c, &c, &c.;

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

Article I.

It is agreed that the United States and Baden shall, upon mutual requisitions by them, or their ministers, officers, or authori- Kltr«dition »r ties, respectively made, deliver up to justice all persons who,"'"""4" being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction ot cither 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 aiid commitment for trial, if the crime or offense had there beeu committed; and the respective judges and other magistrates of the two

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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 he 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 sucli fugitive.

The expense of such apprehension and delivery shall bo borne and defrayed by the party who makes the requisition and receives the fugitive.

Nothing in this article contained shall be construed to extend to crimes of a political character.

Article II.

Neither of the contracting parties shall be bound to deliver up its Not to «,>Piy to own citizens or subjects under the stipulations of this con

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Article III.

Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the territo

■'."'",'rit.r.i rics of the State where he has sought an asylum or shall be

Jo"wi!idJ tlt.rj'h»vu found, such person shall not be delivered up under the stipulations of this convention until he shall have been tried, anil

shall have received the punishment due to such new crime, or shall have

been acquitted thereof.

Article IV.

The present convention shall continue in force until the first of JanDumtioo of co»- uarJT» one thousand eight hundred and sixty, (1800;) and if imtioD. neither party shall have given to the other six months' pre

vious 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 sixty, (1800.)

Article V.

The present convention shall be ratified by the President, by an id with the advice and consent of the Senate of the United States,

K«t, canon*. an(j ^y ^ue Government of Baden; and the ratifications shall be exchanged in Berlin within one year from the date hereof, or sooner if possible.

In faith whereof the respective Plenipotentiaries have signed this convention, and have hereunto atlixed their seals.

Done in duplicate, at Berlin, the thirtieth day of January, one thousand eight hundred and fifty-seven, (1857,) and the eighty-first year of the independence of the United States.

[L. s.l P. D. VKOOM.

ADOLPH BAB, MARSCHALL

[L. s.] DE BIEBERSTE1N.

BADEN, 1868*

TREATY BETWEEN THE UNITED STATES AND THE GRAND DUCHY OP BADEN—NATURALIZATION—CONCLUDED JULY 19, 1808; RATIFICATIONS EXCHANGED DECEMBER 7, 18G9; PROCLAIMED JANUARY 10, 1870.

The President of the United States of America and His Eoyal Highness the Grand Duke of Baden, led by the wishtoreg- CMlnniN nlatc the citizenship of those persons who emigrate from Baden to the United States of America, and from the United States of America to the territory of the Grand Duchy, have resolved to treat on this subject, and have for that purpose appointed Plenipotentiaries; 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 Grand Duke of Baden; and His Eoyal Highness the Grand Duke of Baden, his President of the Ministry of the Grand-Ducal House and of Foreign Affairs and Chamberlain, Eudolph von Freydorf; •

Who have agreed to and signed the following articles:

Article I.

Citizens of the Grand Duchy of Baden, who have resided uninterruptedly within the United States of America live years, and vnrn nlticilj. before, during, or after that time have become or shall be- ^u^rSuS^Z come naturalized citizens of the United States, shall be ciu*""°rihe Mherheld by Baden to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have resided uninterruptedly within the Grand Duchy of Baden five years, aud before, during, or after that time have become or shall become naturalized citizens of the Grand Duchy of Baden, shall be held by the United States to be citizens of Baden, 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.

Article II.

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, aud <*■> So committed before his emigration, saving always the liinitation established by the laws of his original country, or any other remission of liability to punishment. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty—

1. If he has emigrated after he, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army.

2. If he has emigrated whilst he stood in service under the flag, or had a leave of absence only for a limited time.

'■'>■ If, having a leave of absence for an unlimited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a public proclamation requiring his appearance, or after war has broken out.

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'Pamphlet Laws. 2d session, 41st Congress, p. 3-29, (Vol. XVI of Statutes not vet out.)

On the other hand, a former Bdener, naturalized in the TTiiited States, who, by or after his emigration, has transgressed or shall transgress the legal provisions on military duty by auy acts or omissions other than those above enumerated in the clauses numbered one to three,, can, on his return to his original country,' neither be held subsequently to military service nor remain liable to trial aud punishment for the nonfulfillment of his military duty. Moreover, the attachment on the property of an emigrant for non-fulfillment of his military duty, except in the cases designated in the clauses numbered one to three, shall be removed so soon as he shall prove his naturalization in the United States according to the first article. , *

Article III.

The convention for the mutual delivery of criminals, fugitives from KMunciMio. of justice, concluded between the Grand Duchy of Baden on ..uniiniion. tue one Tp&vt, and the United States of America on the other part, the thirtieth da$ of January, one thousand eight hundred and fiftyseven, remains in force without change.

Article IV;
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The. emigrant from the one State who, according to the first article, is to be held as a citizen of the other State, shall not on his MShS"i? °ri«m«i return to his original country be constrained to resume his former citizenship; yet if he shall of his own accord reacquire it and renounce the citizenship obtained by naturalization, such a renunciation is allowed, and no fixed period of residence shall be required for the recognition of his recovery of citizenship in his original country.

Article V.

The present convention shall go into effect immediately on the exchange D«TMii„„ or en- of ratifications, and shall continue in force ten years. If »«.iion. neither party shall have given to the other six months'

previous notice of its intention then to terminate the same, it shall remain in force until the end of twelve months after either of the contracting parties shall have given notice of such intention.

Article VI.

The present convention shall be ratified by His Royal Highness the Grand Duke of Baden, and by the President, by and with B. uon a(ivice and consent of the Senate of the United States,

and the ratifications shall be exchanged at Carlsruhe as soon as possible.'

In faith whereof the Plenipotentiaries have signed and sealed this convention. Carlsruhe, the VSth July, 1868.

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