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Convention Between the United States of
America and the Empire of Russia-

Extradition of Criminals.

Signed at Washington, March, 1887. Ratification, with amendments, advised by the Senate, February 6, 1893. Ratified by the President, February 14, 1893. Ratified by the Emperor, April 1, 1893. "Ratifications exchanged at St. Petersburg, April, 1893. Proclaimed, June 5, 1893.

BY THE PRESIDENT OF THE UNITED STATES.

A Proclamation.

Whereas a Convention between the United States of America and His Majesty the Emperor

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4. Burglarly, defined to be the act of breaking, and entering by night, into the dwellinghouse of another, with intent to commit felony; robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods, by violence or putting him in fear; larceny, when the value of the property stolen dred roubles. shall exceed two hundred dollars, or three hun

5. Forgery; and the utterance of forged papers, including public, sovereign, or govern

mental acts.

feit money, either coin or paper, or of counterfeit public bonds, coupons of the public debt, counterfeit title or instrument of credit; the bank notes, obligations, or, in general, of any

6. The fabrication or circulation of counter

of all the Russias, for the extradition of criminals, was concluded and signed by their respective plenipotentiaries at the city of Washington, on the twenty-eighth day of March, in the year one thousand eight hundred and eighty seven, which Convention, being in the English and French languages, and as amended by the Senate of the United States, is word for word as follows: The United States of America and His Ma-counterfeiting of seals and dies, impressions, jesty the Emperor of all the Russias having stamps, and marks of state and public administhought proper, with a view to the better ad-trations, and the utterance thereof. ministration of justice, and for the prevention of crime in their respective territories and jurisdic tions, that persons convicted of, or charged with, any of the crimes hereinafter enumerated, and having escaped from justice, should, in certain cases, be reciprocally delivered up, have resolved to conclude a Convention to this end, and have named as their Plenipotentiaries, to wit:

The President of the United States of Amer. ica, Thomas F. Bayard, Secretary of State of the United States, and His Majesty the Emperor of all the Russias, Charles Struve, His Master of the Court, Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States of America, and Baron Romain Rosen, His Gentleman in Waiting, Councillor of State, and Consul-General at New York, who, having communicated to each other their full powers found to be in good and due form, have agreed upon the following articles :

ARTICLE I.

The High Contracting Parties reciprocally agree to surrender to each other, upon mutual requisitions and according to their respective regulations and procedure, persons who, being charged with, or convicted of, the commission, in the territory of one of the contracting parties, of any of the crimes and offenses specified in the following article, shall seek an asylum or be found within the territory 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 or her apprehension and commitment for trial if the crime or offense had been there committed.

ARTICLE II.

Persons convicted of, or charged with, any of the following crimes, as well as attempts to

7. The embezzlement of public moneys by public officers or depositaries.

8. Embezzlement by any person or persons, hired or salaried, to the detriment of their employers, when the value of the property so taken shall exceed two hundred dollars, or three hun

dred roubles.

9. Piracy, or mutiny on shipboard, whenever the crew, or part thereof, shall have taken possession of the vessel by fraud or by violence against the commander

10. Wilful or unlawful destruction or obstruction of railroads which endangers human

life.

ARTICLE III.

If it be made to appear that extradition is sought with a view to try or punish the person demanded for an offense of a political character, surrender shall not take place; nor shall any person surrendered be tried or punished for any political offense committed previously to his extradition, nor for any offense other than that for which the extradition was granted; nor shall the surrender of any person be demanded for an offense committed prior to the date at which this Convention shall take effect.

An attempt against the life of the head of either Government, or against that of any mem ber of his family, when such attempt comprises the act either of murder or assassination or of poisoning, or of accessoriship thereto, shall not be considered a political offense or an act connected with such an offense.

ARTICLE IV.

The contracting parties shall not be required, to deliver up their own citizens or subjects, in virtue of the stipulations of the present Conven

tion.

ARTICLE V.

If the person demanded be held for trial in

the country on which the demand is made, it shall be optional with the latter to grant extradition, or to proceed with the trial: Provided, that, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ultimate extradition.

ARTICLE VI.

Requisitions for the surrender of fugitives from justice, accused or convicted of any of the crimes or offenses hereinbefore mentioned, shall be made by the diplomatic agent of the demanding Government. In case of the absence of such agent either from the country or from the seat of Government, such requisitions may be made by the superior consular officer.

When the person whose surrender is requested shall already have been convicted of the crime or offense for which his extradition is demanded, the demand therefor shall be accompanied by a copy of the judgment of the court that pronounced the sentence, bearing the seal of said court. The signature of the judge thereof shall be authenticated by the proper executive officer of the demanding Government, whose official character shall, in turn, be attested by the diplomatic agent or superior consular officer of the Government on which the demand is made. When the person whose surrender is asked shall be merely charged with the commission of an extraditable crime or offense, the application for extradition shall be accompanied by an authenticated copy of the warrant of arrest or of some other equivalent judicial document issued by a judge or a magistrate duly authorized to do so; and likewise by authenticated copies of the depositions or declarations made before such judge or magistrate and setting forth the acts with which the fugitive is charged.

ARTICLE VII.

It shall be lawful for any competent judicial authority of the United States, upon production of a certificate issued by the Secretary of State, stating that request has been made by the Imperial Government of Russia for the provisional arrest of a person convicted or accused of the commission therein of a crime or offense extraditable under this Convention, and upon complaint, duly made, that such crime or offense has been so committed, to issue his warrant for the apprehension of such person. But if the formal requisition for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding Government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody.

And the Imperial Russian Government will, upon request of the Government of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent consular officer, secure the provisional arrest of persons convicted or accused of the commission therein of crimes or offenses extraditable under this Convention. But if the formal requisition for surrender, with the formal proofs hereinbefore mentioned, be

not made as aforesaid by the diplomatic agent of the demanding Government, or, in his absence, by the competent consular officer within forty days from the date of the arrest of the fugitive, the prisoner shall be discharged from custody.

ARTICLE VIII.

Articles in the possession of the fugitive that have aided the commission of the crime or offense, and any article or property which was obtained through the commission of the crime or offense charged, and, also, any other article that may serve to convict, shall, if the demand for extradition be granted, be delivered to the authorities of the demanding Government, even where, owing to the death or escape of the fugitive, extradition can not take place. Such delivery shall also include articles of the character above-mentioned which the fugitive may have concealed or deposited in the country of refuge, and which may subsequently be found there. The rights of third parties to the above-mentioned articles shall, nevertheless, be duly respected, and they shall be returned to the owners free of expense after the conclusion of the case.

The right of the Government on which the demand for extradition is made to temporarily retain such articles, when they may be necessary for the institution of criminal proceedings occasioned by the same act that has given rise to the demand for extradition, or by any other act, is admitted.

ARTICLE IX.

In case the person whose extradition is demanded under the present Convention is also claimed by another Government, preference shall be given to the Government whose demand shall be earliest in point of time: Provided, the Government from which extradition is sought is not bound by treaty to give preference otherwise. ARTICLE X.

tion, and transportation of persons whose extraThe expense occasioned by the arrest, detendition is requested shall be borne by the Government making the application.

ARTICLE XI.

The present Convention shall be ratified and the ratifications shall be exchanged at St. Petersburg as soon as possible.

It shall take effect on the twentieth day after its promulgation, in the manner prescribed by the laws in force in the territories of the contracting parties. It shall remain in force for six months after notice of its termination shall have been given by either of the contracting parties.

In witness whereof, the respective Plenipotentiaries have signed the present Convention and have thereunto affixed the seals of their arms.

Done in duplicate, at the city of Washington, on the twenty-eighth day of March, one thousand eight hundred and eighty-seven.

T. F. BAYARD. [SEAL]
C. STRUVE. [SEAL]
ROSEN.
[SEAL]

And whereas the said Convention has been

duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of St. Petersburg on the twenty-first day of April, one thousand eight hundred and ninetythree;

Now, therefore, be it known that I, GROVER CLEVELAND, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, as amended, may be observed and fulfilled with good faith 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 of America to be hereunto affixed.

Done at the City of Washington, this fifth day of June, in the year of our Lord one thousand eight hundred and ninety[SEAL] three, and of the Independence of the United States the one hundred and seventeenth.

GROVER CLEVELAND.

By the President:
W. Q. GRESHAM,
Secretary of State.

Treaty Between the United States of America and the Kingdom of Norway—

For the Extradition of Criminals. Concluded at Washington, June 7, 1893. Ratification advised by the Senate, November I, 1893. Ratified by the President, November 3, 1893. Ratified by the King, July 10, 1893. Ratifications exchanged at Washington, November 8, 1893. Proclaimed, November 9, 1893. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A Proclamation.

Whereas, a Treaty between the United States of America and the Kingdom of Norway for the extradition of criminals was concluded and signed by their respective plenipotentiaries at the city of Washington on the seventh day of June, in the year one thousand eight hundred and ninety-three, which Treaty is word for word as follows:

The United States of America and His Ma. jesty the King of Sweden and Norway, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a new treaty for the extradition of fugitives from justice between the United States of America and the Kingdom of Norway, and have appointed for that purpose the following Plenipotentiaries:

The President of the United States of America, W. Q. GRESHAM, Secretary of State of the United States, and

His Majesty the King of Sweden and Norway. J. A. W. GRIP, His Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United States,

who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ARTICLE I.

The Government of the United States and the Government of Norway mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes and offenses specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other: Frovided, 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 or her apprehension and commitment for trial if the crime or offense had

been there committed.

ARTICLE II.

Extradition shall be granted for the following crimes and offenses:

1. Murder, comprehending assassination, parricide, infanticide and poisoning; attempt to commit murder; manslaughter, when voluntary. 2. Arson.

3. Robbery, defined to be the act of feloniously and forcibly taking from the person of another money or goods, by violence or putting him in fear; burglary.

4. Forgery, or the utterance of forged papers; the forgery or falsification of official acts of government, of public authorities, or of courts of falsified. justice, or the utterance of the thing forged or

of money, whether coin or paper, or of instru5. The counterfeiting, falsifying or altering ments of debt created by national, state, provincial, or municipal governments, or of coupons thereof, or of bank notes, or the utterance or circulation of the same; or the counterfeiting, falsifying or altering of seals of state.

6. Embezzlement by public officers; embezzlement by persons hired or salaried, to the detriment of their employers; larceny.

7. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than $200 or Kroner 740.

8. Perjury; subornation of perjury. 9. Rape; abduction; kidnapping.

10. Willful and unlawful destruction or obstruction of railroads which endangers human life.

II. Crimes committed at sea:

(a) Piracy, by statute or by the law of nations.

(b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the authority of the master.

(c) Wrongfully sinking or destroying a vessel at sea, or attempting to do so.

(d) Assaults on board a ship on the high seas with intent to do grievous bodily harm.

12. Crimes and offenses against the laws of both countries for the suppression of slavery and slave-trading.

Extradition is also to take place for participation in any of the crimes and offenses mentioned

in this Treaty, provided such participation may | comes within the provisions of this article, the

be punished, in the United States as a felony, and in Norway by imprisonment at hard labor. ARTICLE III.

Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers.

If the person whose extradition is requested shall have been convicted of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be pro

decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition, shall be final.

ARTICLE VII.

Extradition shall not be granted, in pursuance of the provisions of this Treaty, if legal proceedings or the enforcement of the penalty for the act committed by the person claimed has become barred by limitation, according to the laws of the country to which the requisition is addressed. ARTICLE VIII.

No person surrendered by either of the high contracting parties to the other shall, without his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was deduced. livered up, until he shall have had an opporThe extradition of fugitives under the provi-tunity of returning to the country from which he sions of this Treaty shall be carried out in the was surrendered. United States and in Norway, respectively, in conformity with the laws regulating extradition for the time being in force in the state on which

the demand for surrender is made.

ARTICLE IV.

Where the arrest and detention of a fugitive are desired on telegraphic or other information in advance of the presentation of formal proofs, the proper course in the United States shall be to apply to a judge or other magistrate authorized to issue warrants of arrest in extradition cases and present a complaint on oath, as provided by the statutes of the United States.

When, under the provisions of this article, the arrest and detention of a fugitive are desired in the Kingdom of Norway, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive.

The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender, accompanied by the necessary evidence of his criminality, has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detontion.

ARTICLE V.

Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Treaty.

ARTICLE VI.

A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character.

No person surrendered by either of the high contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition.

If any question shall arise as to whether a case

ARTICLE IX.

of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offense charged, or being material as evidence in making proof of the crime or offense, shall, so far as practicable and in conformity with the laws of the respective countries, be given up when the extradition takes place. Nevertheless, the rights of third parties with regard to such articles shall be duly respected,

All articles seized which are in the possession

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The expenses incurred in the arrest, detention, examination, and delivery of fugitives under this Treaty shall be borne by the state in whose name the extradition is sought: Provided, that the demanding government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; And, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers.

ARTICLE XII.

The present Treaty shall take effect on the thirtieth day after the date of the exchange of ratifications, and shall not operate retroactively. On the day on which it takes effect the Conven

tion of March 21, 1860, shall, as between the | governments of the United States and of Nor way, cease to be in force except as to crimes therein enumerated and committed prior to that day.

The ratifications of the present Treaty shall be exchanged at Washington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it.

In witness whereof, the respective Plenipotentiaries have signed the above articles, both in the English and the Norwegian languages, and have hereunto affixed their seals.

Done in duplicate, at the city of Washington this seventh day of June, one thousand eight hundred and ninety-three.

WALTER Q. GRESHAM.
J. A. W. GRIP.

[SEAL] [SEAL]

And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the

Washington on the eighth day of November, one thousand eight hundred and ninety-three:

Now, therefore, be it known that I, GROVER CLEVELAND, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith 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 the city of Washington this ninth day of November, in the year of our Lord one thousand eight hundred and [SEAL] ninety-three, and of the Independence of the United States the one hundred and eighteenth.

GROVER CLEVELAND.

By the President:
W. Q. GRESHAM,
Secretary of State.

two Governments were exchanged in the city of

XIII.

PRESIDENT CLEVELAND'S SECOND INAUGURAL ADDRESS, AND HIS MESSAGE AT THE EXTRA, AND AT THE FIRST REGULAR SESSION, OF THE FIFTY-THIRD CONGRESS.

Inaugural Address, March 4, 1893.

may still have lurking near his vitals the unheeded disease that dooms him to sudden collapse.

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It cannot be doubted that our stupendous achievements as a people, and our country's robust strength, have given rise to a heedlessness of those laws governing our National health which we can no more evade than human life can escape the laws of God and nature.

Manifestly nothing is more vital to our su

poses of our Government than a sound and stable currency. Its exposure to degradation should at once arouse to activity the most enlightened statesmanship; and the danger of depreciation in the purchasing power of the wages paid to toil should furnish the strongest incentive to prompt and conservative precaution.

My Fellow-Citizens: In obedience to the mandate of my countrymen, I am about to dedicate myself to their service under the sanction of a solemn oath. Deeply moved by the expression of confidence and personal attachment which has called me to this service, I am sure my gratitude can make no better return than the pledge I now give before God and these witnesses of unreserved and complete devotion to the inter-premacy as a Nation and to the beneficent purests and welfare of those who have honored me. I deem it fitting on this occasion, while indicating the opinions I hold concerning public questions of present importance, to also briefly refer to the existence of certain conditions and tendencies among our people which seem to menace the integrity and usefulness of their Government. In dealing with our present embarrassing sitWhile every American citizen must contem-uation as related to this subject we will be wise plate with the utmost pride and enthusiasm the if we temper our confidence and faith in our growth and expansion of our country, the suffi- National strength and resources with the frank ciency of our institutions to stand against the concession that even these will not permit us to rudest shocks of violence, the wonderful thrift defy with impunity the inexorable laws of finance and enterprise of our people, and the demon- and trade. At the same time, in our efforts to strated superiority of our free government, it be- adjust differences of opinion we should be free hooves us to constantly watch for every symptom from intolerance or passion, and our judgments of insiduous infirmity that threatens our National should be unmoved by alluring phrases and unvigor. vexed by selfish interests.

The strong man who, in the confidence of sturdy health, courts the sternest activities of life and rejoices in the hardihood of constant labor,

I am confident that such an approach to the subject will result in prudent and effective remedial legislation. In the mean time, so far as

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