Hon. William H. Seward,
Secretary of State, Washington, D. C.
The baron’s memorandum.
“His Majesty’s government has reason to wish for a revision of the
treaty of extradition between Prussia and the, United States of June
16, 1852, and also of the treaty of 1828.
“The principal modifications which are desired would bear on the
following points:
“1. The category of criminal actions justifying the extradition of
the criminals ought to be extended to the crimes of theft and fraud,
till now not provided for in the treaty.
“2. The assistance of the American authorities at the proceedings of
extradition ought to be granted ex officio,
and without causing expenses to the Prussian tribunals. Till now the
American authorities do not interfere by themselves, and the
expenses caused to Prussia by paying lawyers, policemen, &c.,
become exorbitant, besides the costs for proceedings of the American
courts, which are also very expensive.
“3. The proceedings of the American courts of justice ought to be
simplified. The American government has already begun a reform of
the respective legislation, and the law of June 22, 1860, offers a
proper basis for that purpose. The treaties concluded by Prussia
with France, Belgium, the Netherlands, Russia, and Spain require for
the extradition of a criminal a simple order of seizure, judicial
sentence, or decree of accusation, issued by the home tribunal, (mandat darrat ou tout autre dete ayant au moins la
mème force que a mandat,) and no further proceedings before
the tribunal of the other country are required. A similar system
adopted by the American government would be most benefactory to both
countries.
“Advantages respecting the legislation on the nationality of Prussian
subjects which could eventually be conceded to Prussian subjects who
are or wish to become citizens of America:
“1. It would be granted that, after an absence of ten years from
Prussia, not only the rights but also the duties and obligations of
a Prussian subject towards his native country cease to prevail. This
is a principle which till now has been followed by Prussian
authorities only in some isolated cases, but which has not been
generalized nor is law of the country.
“2. The article 110 of the Prussian criminal code says: Whosoever
leaves Prussia with a view to avoid his enlistment in the royal army
will be punished, either by a fine of 50 or 1,000 thalers, or by
imprisonment from one month to one year.
“An exemption from this general rule might be introduced in favor of
such individuals who leave Prussia before the age of 17 years.”
