the respective States. The archives and papers of the consulates shall be respected inviolably; and under no pretext whatever shall any person, magistrate, or other public authority seize, or in any way interfere with them. ARTICLE XXXVI. Les archives at les papiers des con- ARTICLE XXXVI. Consuls, &c., of the local au The said consuls and vice-consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the ships-of-war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed a part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the consu's and vice-con-sition des consuls et vice-consuls, et suls, 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 Les dits consuls et vice-consuls auront le pouvoir de requérir l'as- may have the aid sistance des autorités du pays, à thorities to arrest, l'effet d'arrêter, de détenir et de &c., deserters. faire garder en dépôt les déserteurs des navires de guerre et des navires marchands de leur pays. Pour cela, ils devront s'adresser aux tribunaux, juges et officiers compétents, et devront, par écrit, faire la demande de ces déserteurs en prouvant par l'exhibition des registres des navires, des rôles d'équipage ou d'autres documents officiels que de tels individus font partie de l'équipage. Et, la réclamation étant établie, la remise des déserteurs ne pourra pas être refusée. A leur arrestation, les déserteurs seront mis à la dispo same cause. ARTICLE XXXVII. 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. ARTICLE XXXVIII. pourront être enfermés dans les pri- Surrender of fugitives from It is agreed that the high con- Il est convenu que les hautes tracting parties shall, on requisitions | parties contractantes, sur réquisi- justice. made in their name, through the medium of their respective diploinatic 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: Proof required. 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. Crimes for which surrender shall be made. Surrender to be executive. ARTICLE XXXIX. 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. ARTICLE XL. The surrender shall be made, on made only by the 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. tions faites en leur nom par l'intermédiaire de leurs agents diplomatiques respectifs, devront livrer aux mains de la justice les personnes qui, accusées des crimes énumérés en l'article ci-après qu'elles auront commis dans l'étendue de la juridiction de la partie réquérante, se seront ensuite réfugiées ou auront été trouvées sur le territoire de l'autre ; pourvu qu'il n'en soit ainsi que lorsque le fait de la perpération du crime soit tellement établi qu'il eût justifié leur prise de corps et leur mise en jugement si le crime avait été commis dans le pays où seront trouvées les personnes ainsi accusées. En tout quoi les tribunaux du dit pays procéderont et décideront suivant leurs propres lois. ARTICLE XXXIX. Seront livrées, conformément aux clauses du présent traité, les personnes qui seront accusées de l'un des crimes ci-après, à savoir: meurtre, (assassinat, parricide, infanticide et empoisonnement compris ;) tentative de meurtre; piraterie, rapt, faux; contrefaçon de monnaie; mise en circulation de faux papiers; crime d'incendie; vol; ainsi que détournement pratiqué par des officiers publics ou par des personnes prises à gages ou salariées, au détriment de leurs patrons, quand ces crimes entraînent des peines infamantes. ARTICLE XL. La remise de l'accusé de la part de chaque pays, sera faite seulement par l'autorité exécutive et les frais de détention et de remise, faits en vertu des articles précédents, seront à la charge de la partie demanderesse. Certain offences not included. ARTICLE XLI. 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 ARTICLE XLI. Les dispositions des articles précédents, relatives à l'extradition des crimnels fugitifs, ne s'appliqueront pas à des infractions commises avant la date des présentes, ni à celles ayant un caractère politique. Aucune des parties contractantes ne up its own citizens under the pro- | sera tenue, par ce traité, de délivrer visions of this treaty. ARTICLE XLII. 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. ARTICLE XLIII. 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. [L. S.] ses propres citoyens. And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same have been exchanged:. Now, therefore, be it known, that I, ANDREW JOHNSON, President Exchange of of the United States, have caused the said treaty to be made public, to ratifications. the end that the same, and every clause and article thereof, may be ob served 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 sixth day of July, in the year of [L. S.] APPENDIX. No. 1. Sept. 24, 1862. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Preamble. Rebels and their abettors within the United States to be subject to martial law. Habeas corpus suspended as to A PROCLAMATION. WHEREAS, it has become necessary to call into service not only volunteers but also portions of the militia of the states by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection: Now, therefore, be it ordered, First. That during the existing insurrection and as a necessary measure for suppressing the same, all rebels and insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law and liable to trial and punishment by courtsmartial or military commissions: Second. That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imcertain persons. prisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority or by the sentence of any court-martial or military commission. 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 twenty-fourth day of September, [L. 8.] in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh. ABRAHAM LINCOLN. April 2, 1863. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Preamble. A PROCLAMATION. WHEREAS, in pursuance of the act of congress, approved July 13, 1861, I did, by Proclamation dated August 16, 1861, declare that the inhabitants of the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, AlaVol. xii. p. 257. bama, Louisiana, Texas, Arkansas, Mississippi, and Florida, (except the inhabi 1861, ch. 3. tants of that part of Virginia lying west of the Alleghany Mountains and of such other parts of that state and the other states herein before named as might main- Vol. xii. p. 1262. tain a legal adhesion to the Union and the Constitution, or might be, from time to time, occupied and controlled by forces of the United States engaged in the dispersion of said insurgents), were in a state of insurrection against the United States, and that all commercial intercourse between the same and the inhabitants thereof with the exceptions aforesaid, and the citizens of other states and other parts of the United States was unlawful, and would remain unlawful, until such insurrection should cease or be suppressed, and that all goods and chattels, wares and merchandise, coming from any of said states, with the exceptions aforesaid, into other parts of the United States, without the license and permission of the President, through the Secretary of the Treasury, or proceeding to any of said States, with the exceptions aforesaid, by land or water, together with the vessel or vehicle conveying the same to or from said states, with the exceptions afore、 said, would be forfeited to the United States: And whereas, experience has shown that the exceptions made in and by said Proclamation embarrass the due enforcement of said act of July 13, 1861, and the proper regulation of the commercial intercourse authorized by said act with the loyal citizens of said states: &c. Commercial Now, therefore, I, ABRAHAM LINCOLN, President of the United States, do Exceptions in hereby revoke the said exceptions, and declare that the inhabitants of the States proclamation revoked. of Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisiana, Inhabitants of Texas, Arkansas, Mississippi, Florida, and Virginia, (except the forty-eight coun- certain states ties of Virginia designated as West Virginia, and except, also, the ports of New declared to be Orleans, Key West, Port Royal, and Beaufort in North Carolina,) are in a state in insurrection. of insurrection against the United States, and that all commercial intercourse not licensed and conducted as provided in said act between the said states and the intercourse proinhabitants thereof, with the exceptions aforesaid, and the citizens of other states hibited, except, and other parts of the United States, is unlawful, and will remain unlawful, until such insurrection shall cease or has been suppressed, and notice thereof has been duly given by Proclamation; and all cotton, tobacco, and other products, and all other goods and chattels, wares and merchandise, coming from any of said states, other products, with the exceptions aforesaid, into other parts of the United States, or proceed- &c., forfeited, ing to any of said states, with the exceptions aforesaid, without the license and permission of the President, through the Secretary of the Treasury, will, together with the vessel or vehicle conveying the same, be forfeited to the United States. 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 second day of April, A. D. eighteen [L. 8.] hundred and sixty-three, and of the Independence of the United States of America the eighty-seventh. By the President: ABRAHAM LINCOLN. WILLIAM H. SEWARD, Secretary of State. Cotton and unless, &c. No. 3. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: April 20, 1863. A PROCLAMATION. WHEREAS, by the act of congress approved the 31st day of December, last, the State of West Virginia was declared to be one of the United States of America, and was admitted into the Union on an equal footing with the original states in all respects whatever, upon the condition that certain changes should be duly made in the proposed constitution for that state: And whereas proof of a compliance with that condition, as required by the second section of the act aforesaid, has been submitted to me: Preamble. 1862, ch. 6. Vol. xii. p. 633. Act admitting Now, therefore, be it known, that I, ABRAHAM LINCOLN, President of the United States, do hereby, in pursuance of the act of congress aforesaid, declare West Virginia as and proclaim that the said act shall take effect and be in force from and after a State, to be in sixty days from the date hereof. force in sixty days from, &c. |