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substantiated the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the consuls and viceconsuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause.
For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit, to form a consular convention, which shall declare specially the powers and immunities of the consuls and vice-consuls of the respective parties.
It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek an asylum or shall be found within the territories of the other:
Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws.
Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following crimes, to wit: murder, (including assassination, parricide, infanticide, and poisoning); attempt to commit murder; piracy; rape; forgery; the counterfeiting of money; the utterance of forged paper; arson; robbery; and embezzlement by public officers; or by persons hired or salaried, to the detriment of their employers; when these crimes are subject to infamous punishment.
The surrender shall be made, on the part of each country, only by the authority of the Executive thereof. The expenses of the detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.
The provisions of the foregoing articles relating to the extradition of fugitive criminals shall not apply to offences committed before the date hereof, nor to those of a political character.
Neither of the contracting parties shall be bound to deliver up its own citizens under the provisions of this treaty.
The present treaty shall remain in force for the term of eight years, dating from the exchange of ratifications; and if one year before the expiration of that period neither of the contracting parties shall have given notice to the other of its intention to terminate the same, it shall continue in force, from year to year, until one year after an official notification to terminate the same, as aforesaid.
The present treaty shall be submitted on both sides to the approval and ratification of the respective competent authorities of each of the contracting parties, and the ratifications shall be exchanged, at Washington, within six months from the date hereof, or sooner if possible.
In faith whereof the respective plenipotentiaries have signed the foregoing articles, in the English and French languages, and they have hereunto affixed their seals.
Done in duplicate, at the city of Port-au-Prince, this third day of November, in the year of our Lord one thousand eight hundred and sixty-four.
B. F. WHIDDEN
HANOVER. Hanover was conquered and merged into Prussia in 1866, and is now included in the German Empire, p. 192.
TREATY OF COMMERCE AND NAVIGATION. Concluded May 20, 1840; ratification advised by the Senate July
15, 1840; ratified by the President July 28, 1840; ratifications exchanged November 14, 1840; proclaimed January 2, 1841. (Treaties and Conventions, 1889, p. 528.)
This treaty, consisting of ten articles, was superseded by the Treaty of 1846.
TREATY OF COMMERCE AND NAVIGATION. Concluded June 10, 1846; ratification advised by the Senate January
6, 1847; ratified by the President July 28, 1847; ratifications exchanged March 15, 1847; proclaimed April 24, 1847. (Treaties and Conventions, 1889, p. 523.) This treaty of thirteen articles terminated on the merging of the country into the Kingdom of Prussia.
Federal case: Valk v. U. S. et al, 29 Ct. Cl., 62.
EXTRADITION TREATY. Concluded January 18, 1855; ratification advised by the Senate March
13, 1855; ratified by the President March 18, 1855; ratifications exchanged April 17, 1855; proclaimed May 5, 1855. (Treaties and Conventions, 1889, p. 528.)
This treaty of six articles terminated in 1866 when Hanover was merged into the Kingdom of Prussia.
CONVENTION ABOLISHING STADE OR BRUNSHAUSEN DUES. Concluded November 6, 1861; ratification advised by the Senate February 3, 1862; ratified by the President February 7, 1862; ratifications exchanged April 29, 1862; proclaimed June 17, 1862. (Treaties and Conventions, 1889, p. 530.)
This treaty, consisting of seven articles, terminated on the incorporation of the Kingdom into Prussia.
(BREMEN, HAMBURG, AND LUBECK.)
The Hanseatic Republics were incorporated into the North German Union July 1, 1867. "(Page 466.)
CONVENTION OF FRIENDSHIP, COMMERCE, AND NAVIGATION.
Concluded December 20, 1827; ratification advised by the Senate Jan
uary 7, 1828; ratified by the President; ratifications exchanged June 2, 1828; proclaimed June 2, 1828. (Treaties and Conventions, 1889, p. 533.)
I. Equality of duties.
VII. Property rights.
The United States of America, on the one part, and the Republic and free Hanseatic City of Lubeck, the Republic and free Hanseatic City of Bremen, and the Republic and free Hanseatic City of Hamburg, (each State for itself separately,) on the other part, being desirous to give greater facility to their commercial intercourse, and to place the privileges of their navigation on a basis of the most extended liberality, have resolved to fix in a manner clear, distinct and positive, the rules which shall be observed between the one and the other, by means of a Convention of Friendship, Commerce and Navigation.
For the attainment of this most desirable object, the President of the United States of America has conferred Full Powers on Henry Clay, their Secretary of State; and the Senate of the Republic and free Hanseatic City of Lubeck, the Senate of the Republic and free Hanseatic City of Bremen, and the Senate of the Republic and free Hanseatic City of Hamburg, have conferred Full Powers on Vincent Rumpff, their Minister Plenipotentiary near the United States of America; who, after having exchanged their said Full Powers, found in due and proper form, have agreed to the following articles:
The Contracting Parties agree, That whatever kind of produce, manufacture, or merchandise of any foreign country can be from time to time, lawfully imported into the United States, in their own vessels, may be also imported in vessels of the said free Hanseatic Republics
Federal case: North German Lloyd S. S. Co. v. Hedden, 43 Fed. Rep., 17.
of Lubeck, Bremen and Hamburg; and that no higher, or other duties, upon the tonnage or cargo of the vessel, shall be levied or collected, whether the importation be made in vessels of the United States, or of either of the said Hanseatic Republics. And, in like manner, that whatever kind of produce, manufacture or merchandise of any foreign country, can be, from time to time, lawfully imported into either of the said lanseatic Republics, in its own vessels, may be also imported in vessels of the United States; and that no higher, or other, duties upon the tonnage or cargo of the vessel, shall be levied or collected, whether the importation be made in vessels of the one Party or of the other. And they further agree, that whatever may be lawfully exported, or re-exported, by one party, in its own vessels, to any foreign country, may, in like manner, be exported, or re-exported, in the vessels of the other Party. And the same bounties, duties and draw-backs shall be allowed and collected, whether such exportation or re-exportation be made in vessels of the one Party or of the other. Nor shall higher or other, charges, of any kind, be imposed in the ports of the one Party, on vessels of the other, than are or shall be payable, in the same ports by national vessels.
No higher or other duties shall be imposed on the importation into the United States, of any article, the produce or manufacture of the free llanseatic Republics of Lubeck, Bremen, and Hamburg; and no higher or other duties shall be imposed on the importation into either of the said Republics, of any article the produce or manufacture of the United States, than are, or shall be payable on the like article being the produce or manufacture of any other foreign country; nor shall any other, or higher, duties or charges be imposed by either Party on the exportation of any articles to the United States or to the free Ilanseatic Republics of Lubeck, Bremen, or Hamburg, respectively, than such as are, or shall be, payable on the exportation of the like articles, to any other foreign country; nor shall any prohibition be imposed, on the importation or exportation of any article, the produce or manufacture of the United States, or of the free Hanseatic Republies of Lubeck, Bremen or Hamburg, to, or from, the ports of the l'nited States; or to, or from the ports of the other Party, which shall not equally extend to all other nations.
No priority or preference shall be given, directly, or indirectly, by any or either of the Contracting Parties, nor by any Company, Corporation, or Agent, acting on their behalf, or under their authority, in the purchase of any article, the growth, produce, or manufacture of their States, respectively, imported into the other, on account of, or in reference, to the character of the vessel, whether it be of the one Party, or of the other, in which such article was imported: it being the true intent and meaning of the Contracting Parties that no distinction or difference whatever shall be made in this respect.
ARTICLE IV. In consideration of the limited extent of the territories of the Republics of Lubeck, Bremen and Ilamburg, and of the intimate connection of trade and navigation subsisting between these Repub