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.

JAMES K. POLK.

WASHINGTON, December 16, 1845.

To the Senate of the United States: 

I herewith transmit a report from the Secretary of State, containing the information called for by the resolution of the Senate of the 8th of January last, in relation to the claim of the owners of the brig General Armstrong against the Government of Portugal.[1]

JAMES K. POLK.

[Footnote 1:  For failing to protect the American armed brig General Armstrong, while lying in the port of Fayal, Azores, from attack by British armed ships on September 26, 1814.]

WASHINGTON, December 19, 1845.

To the House of Representatives: 

I communicate to the House of Representatives, in reply to their resolution of the 25th of February last, a report from the Secretary of State, together with the correspondence of George W. Slacum, late consul of the United States at Rio de Janeiro, with the Department of State, relating to the African slave trade.