JAMES K. POLK.

WASHINGTON, _December 16, 1845_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration, a

convention concluded and signed at Berlin on the 29th day of January,

1845, between the United States and Prussia, together with certain other

German States, for the mutual extradition of fugitives from justice in

certain cases; and I communicate with the convention the correspondence

necessary to explain it.

In submitting this convention to the Senate I deem it proper to call

their attention to the third article, by which it is stipulated that

"none of the contracting parties shall be bound to deliver up its own

citizens or subjects under the stipulations of this convention."

No such reservation is to be found in our treaties of extradition with

Great Britain and France, the only two nations with whom we have

concluded such treaties. These provide for the surrender of all persons

who are fugitives from justice, without regard to the country to which

they may belong. Under this article, if German subjects of any of the

parties to the convention should commit crimes within the United States

and fly back to their native country from justice, they would not be

surrendered. This is clear in regard to all such Germans as shall not

have been naturalized under our laws. But even after naturalization

difficult and embarrassing questions might arise between the parties.

These German powers, holding the doctrine of perpetual allegiance, might

refuse to surrender German naturalized citizens, whilst we must ever

maintain the principle that the rights and duties of such citizens are

the same as if they had been born in the United States.

I would also observe that the fourth article of the treaty submitted

contains a provision not to be found in our conventions with Great

Britain and France.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk · 第 21 / 289 题