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.
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