tive, and issued by the proper authority of the Government who claims the surrender, in case such sentence or declaration shall have been pronounced; said document to be drawn up and certified according to the forms prescribed by the laws of the country making the demand. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demanding party shall have furnished such proof of culpability as would have been sufficient to justify the apprehension and commitment for trial of the accused if the offence had been committed in the country where he shall have taken refuge. ARTICLE II. Crimes. Persons shall be so delivered up who shall have been charged with or sentenced for any of the following crimes, to wit: Murder, (including assassination, parricide, infanticide, and poisoning,) or attempt to commit murder; rape; piracy, (including mutiny on board a ship, whenever the crew or part thereof, by fraud or violence against the commander, have taken possession of the vessel;) arson; robbery and burglary; forgery, and the fabrication or circulation of counterfeit money, whether coin or paper money; embezzlement by public officers, including appropriation of public funds. ARTICLE III. The expenses of any detention and delivery, effected in virtue of the preceding provisions, shall be borne and defrayed by the Expenses of extraparty who makes the requisition and receives the fugitive. dition ARTICLE IV. up, under This convention Neither of the contracting parties shall be bound to deliver the stipulations of this convention, any person who, according to the laws of the country where he shall be found, is a not to apply to citi citizen or a subject of the same at the time his surrender is demanded. ARTICLE V. The provisions of the present convention shall not be applied to any crime or offence of a political character. ARTICLE VI. # zens or subjects, &c. Nor to political offences. New crimes com Whenever any person, accused of any of the crimes enumerated in this convention, shall have committed a new crime in the territories of the State where he has sought an asylum or mitted, &c. 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. ARTICLE VII. This convention shall not take effect until ten days after its publication, made according to the laws of the respective Govern ments. When this convention takes effect. It shall remain in force until the end of six months after either of the high contracting parties shall have given notice to the other of its intention to terminate the same. How long to be in force. To be ratified within ten months. It shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Sweden and Norway, and the ratifications shall be exchanged within ten months from the date of its signature, or earlier if possible. In faith whereof, the respective Plenipotentiaries have signed this convention, and have hereunto affixed their seals. Done in duplicate, at Washington, the twenty-first day of March, one thousand eight hundred and sixty, and the eighty-fourth year of the Independence of the United States. Signature, March 21, 1860. LEW. CASS. N. W. DE WETTERSTEDT. [SEAL.] [SEAL.] SWEDEN AND NORWAY, 1869. CONVENTION AND PROTOCOL BETWEEN THE UNITED STATES OF AMERICA AND SWEDEN AND NORWAY, RELATIVE TO NATURALIZATION. SIGNED MAY 26, 1869; RATIFICATIONS EXCHANGED JUNE 14, 1871; PROCLAIMED JANUARY 12, 1872. Contracting parties. The President of the United States of America and His Majesty the King of Sweden and Norway, led by the wish to regulate the citizenship of those persons who emigrate from the United States of America to Sweden and Norway and their dependencies and territories, and from Sweden and Norway to the United States of America, 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, Joseph J. Bartlett, Minister Resident; and His Majesty the King of Sweden and Norway, Count Charles Wachtmeister, Minister of State for Foreign Affairs; who have agreed to and signed the following articles : When citizens of to be treated as citi Norway. ARTICLE I. Citizens of the United States of America who have resided in Sweden or Norway for a continuous period of at least five years, the United States are and during such residence have become and are lawfully zens of Sweden and recognized as citizens of Sweden or Norway, shall be held by the Government of the United States to be Swedish or Norwegian citizens, and shall be treated as such. Reciprocally, citizens of Sweden or Norway who have resided in the United States of America for a continuous period of at least Sweden and Norway five years, and during such residence have become naturalcitizens of the United ized citizens of the United States, shall be held by the Government of Sweden and Norway to be American citizens, and shall be treated as such. When citizens of are to be treated as States. Declaration of in The declaration of an intention to become a citizen of the one tent not to affect or the other country has not for either party the effect of citizenship legally acquired. naturalization. ARTICLE II. A recognized citizen of the one party, on returning to the territory Naturalized citi of the other, remains liable to trial and punishment for an action punishable by the laws of his original country, and ens liable on return committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws to their original country for offenses committed before of his original country, and any other remission of liability to punishment. ARTICLE III. ship in original If a citizen of the one party, who has become a recognized citizen of the other party, takes up his abode once more in his origi- Provision as to renal country, and applies to be restored to his former storation to citizencitizenship, the Government of the last-named country is country. authorized to receive him again as a citizen, on such conditions as the said Government may think proper. ARTICLE IV. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United Convention for the States on the one part and Sweden and Norway on the extradition of fugiother part, the 21st March, 1860, remains in force without not to be changed. change. ARTICLE V. tives trom justice to go into effect, and con The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. Convention when If neither party shall have given the other six months' pre- how long to vious notice of its intention then to terminate the same, it tinue. 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 VI. Ratifications, 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 Sweden and Norway; and the ratifications shall be exchanged at Stockholm within twenty-four months from the date hereof. In faith whereof the Plenipotentiaries have signed and sealed this. convention. STOCKHOLM, May 26, 1869. JOSEPH J. BARTLETT. [SEAL.] SEAL. PROTOCOL. DONE AT STOCKHOLM, MAY 26, 1869. The undersigned met to-day to sign the convention agreed upon in conformity with their respective full powers, relating to the citizenship of those persons who emigrate from the United States of America to Sweden and Norway, and from Sweden and Norway to the United States of America; on which occasion the following observations, more exactly defining and explaining the contents of this convention, were entered in the following protocol: I. Relating to the first article of the convention. The additional five It is understood that if a citizen of the United States of America has been discharged from his American citizenship, or, on the years' residence not other side, if a Swede or a Norwegian has been discharged required, when, &c. from his Swedish or Norwegian citizenship, in the manner legally prescribed by the Government of his original country, and then in the other country in a rightful and perfectly valid manner acquires citizenship, then an additional five years' residence shall no longer be required; but a person who has in that manner been recognized as a citizen of the other country shall, from the moment thereof, be held and treated as a Swedish or Norwegian citizen, and, reciprocally, as a citizen of the United States. II. Relating to the second article of the convention. Swedes, &c., naturalized in United States and returning Lo original country, lia If a former Swede or Norwegian, who under the first article is to be held as an adopted citizen of the United States of America, the has emigrated after he has attained the age when he betheir comes liable to military service, and returns again to his ble to fulfil their original country, it is agreed that he remains liable to trial military service, &c. and punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the act of emigration itself, unless thereby have been committed any punishable action against Sweden or Norway, or against a Swedish or Norwegian citizen, such as non-fulfilment of military service, or desertion from the military force or from a ship, saving always the limitation established by the laws of the original country, and any other remission of liability to punishment; and that he can be held to fulfil, according to the laws, his military service, or the remaining part thereof. III. Relating to the third article of the convention. Swedes, &c., naturalized in United States, and It is further agreed that if a Swede or Norwegian, who the has become a naturalized citizen of the United States, renews his residence in Sweden or Norway without the intent to return to America, he shall be held by the Government United States, held of the United States to have renounced his American citi renewing their resiwith the intent not dence in Sweden, to return to the to renounce their American citizen ship. zenship. The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway. SWISS CONFEDERATION. SWISS CONFEDERATION, 1847. CONVENTION WITH THE SWISS CONFEDERATION FOR THE MUTUAL ABOLITION OF THE DROIT D'AUBAINE AND TAXES ON EMIGRATION. CONCLUDED MAY 18, 1847; RATIFICATIONS EXCHANGED AT WASHINGTON, MAY 3, 1848; PROCLAIMED MAY 4, 1848. Preamble. The President of the United States of America and the Federal Directory of the Swiss Confederation, animated by the desire to secure and extend by an amicable convention the relations happily existing between the two countries, have to this effect appointed as their Plenipotentiaries, to wit: The President of the United States of America, James Buchanan, Secretary of State of the United States; and the Federal Directory of the Swiss Confederation, A. C. Cazenove, Swiss Consul at Alexandria; Negotiators. Who, after the exchange of their full powers, found in good and due form, have agreed upon and signed the following articles: ARTICLE I. Personal property. Heirs, &c. The citizens of each one of the high contracting parties shall have power to dispose of their personal property within the jurisdiction of the other, either by testament, donation, or ab intestato, or in any other manner; and their heirs, being citi zens of the other party, shall inherit all such personal estates, whether by testament or ab intestato, and they may take possession of the same, either personally or by attorney, and dispose of them as they may think proper, paying to the respective governments no other charges than those to which the inhabitants of the country in which the said property shall be found would be liable in a similar case; and in the absence of such heir, or heirs, the same care shall be taken of the property that would be taken in the like case for the heirs. preservation of the property of a citizen of the same country, until the lawful proprietor shall have had time to take measures for possessing himself of the same; and in case any dispute should arise between claimants to the same succession as to the property thereof, the question shall be decided according to the laws and by the judges of the country in which the property is situated. ARTICLE II. Property of absent Cases of dispute. Alien heirs. If, by the death of a person owning real property in the territory of one of the high contracting parties, such property should descend, either by the laws of the country or by testamentary disposition, to a citizen of the other party, who, on account of his being an alien, could not be permitted to retain the actual possession of such property, a term of not less than three years shall be allowed to him to dispose of such property, and to collect and withdraw the proceeds |
