9th instant, from Coomassie, received here on the 25th (three days since), and I hasten to assure your Majesty of the gratification it affords me to find that you have allowed the European missionaries with the Commissioner, Mr. Plange, to leave Coomassie for Formannah, on their way to Cape Coast, for which I beg to offer you my warmest thanks.

2. Her Majesty's Government will also receive this intelligence with much satisfaction, and will not fail to appreciate the good faith and friendliness which your Majesty has displayed.

3. As the 1000l. to be paid to your Majesty by the Baste Mission has been already placed in the hands of Mr. Grant, their agent at Cape Coast, in the presence of your Majesty's Envoys in accordance with the terms of the Acting Administrator's letter, dated 25th October last, addressed to your Majesty, I have given an order to that gentleman, under the seal of this Government, for its payment to the envoys on the arrival of the captives at Cape Coast, and they (that is, Woosoo Coker Coomah Cotiko, and Quadu) have been requested to remain at Cape Coast until they come down.

4. If your Majesty wanted any additional proof of the good-will of myself and this Government towards you and your subjects, I am sure your Majesty will see how strong it must be from the manner in which your Chiefs and Envoys have been treated while at Cape Coast; and at your request I will send you Atjiempon and his followers under safe conduct to the Prah, in order that he may return to Coomassie; but as he has begged to be allowed to remain here a few days longer to receive his Fetish stool, which he left at Half Assinee, I have consented to his doing so, and as

your Majesty also desires that any Ashantees remaining at Elmina should be sent back to Coomassie your Majesty's wishes shall be made known to them, and they shall be told to return.

5. As I have received news that Mr. and Mrs. Ramseyer, with their child, are very sick and weak, I feel sure your Majesty would regret in common with this Government anything serious happening to any of the party while they remain detained by your Majesty, and that you will, therefore, give immediate orders that they may be sent down without any delay to Cape Coast.

With my best wishes for your Majesty's health, I have, &c.,

(Signed) R. W. HARLEY, Colonel, Administrator. His Majesty the King of Ashantee, Coomassie.

P.S.-I send a special interpreter with this despatch, who will make known its contents to your Majesty truly and well, and will bring me back your Majesty's answer with the missionaries, whom I beg your Majesty not to detain.

No, 2.

R. W. H.

The Earl of Kimberley to Colonel Harley.

Downing Street, May 12, 1873.

SIR, I have to acknowledge the receipt of your despatch of the 14th ultimo, forwarding a letter from the King of Ashantee, with others from Mr. Dawson, your special messenger to the King, as to the causes which have led to the invasion of the Protectorate by the Ashantees. I have, &c. (Signed) KIMBERLEY.

persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from the justice of their country, should, under certain circumstances, be reciprocally delivered up; their said Majesties have named as their Plenipo

tentiaries to conclude a Treaty for this purpose, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, John Savile Lumley, Esquire, her Envoy Extraordinary and Minister Plenipotentiary to his Majesty the King of the Belgians;

And his Majesty the King of the Belgians, the Count d'Aspremont Lynden, Officer of his Order of Leopold, Commander of the Order of the Ernestine Branch of the House of Saxony, Grand Cross of the Orders of Charles III., of the Medjidie, and of the Saviour, Member of the Senate, his Minister of Foreign Affairs;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles :

ARTICLE I.

It is agreed that her Britannic Majesty and his Majesty the King of the Belgians, shall, on requisition made in their name by their respective Diplomatic Agents, deliver up to each other reciprocally, any persons, except as regards Great Britain, native born and naturalized subjects of her Britannic Majesty, and except as regards Belgium, those who are by birth or who may have become citizens of Belgium, who, being accused or convicted as principals or accessories before the fact, of any of the crimes hereinafter specified, committed within the territories of the requiring Party, shall be found within the territories of the other Party:

1. Murder (including assassination, parricide, infanticide, and poisoning), or attempt to murder.

2. Manslaughter.

3. Counterfeiting or altering money, or uttering counterfeit or altered money. 4. Forgery, counterfeiting, or altering or uttering what is forged or counterfeited or altered.

5. Embezzlement or larceny.

6. Obtaining money or goods by false pretences.

7. Crimes by bankrupts against bankruptcy law.

8. Fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company, made criminal by any law for the time being in force.

9. Rape.

10. Abduction.

11. Child stealing.

12. Burglary or housebreaking. 13. Arson.

14. Robbery with violence (including intimidation).

15. Threats by letter or otherwise with intent to extort.

16. Piracy by law of nations.

17. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.

18. Assaults on board a ship on the high seas with intent to destroy life, or to do grievous bodily harm.

19. Revolt or conspiracy to revolt by two or more persons on board a ship on the high seas against the authority of the master.

Provided that the surrender shall be made only when, in the case of a person accused, the commission of the crime shall be so established as that the laws of the country where the fugitive or person accused shall be found would justify his apprehension and commitment for trial if the crime had been there committed; and, in the case of a person alleged to have been convicted, on such evidence as, according to the laws of the country where he is found, would prove that he had been convicted.

In no case can the surrender be made unless the crime shall be punishable according to the laws in force in both countries with regard to extradition.

ARTICLE II.

In the dominions of her Britannic Majesty, other than the Colonies or Foreign Possessions of her Majesty, the manner of proceeding shall be as follows:

I. In the case of a person accused

The requisition for the surrender shall be made to Her Britannic Majesty's Principal Secretary of State for Foreign Affairs by the Minister or other Diplomatic Agent of his Majesty the King of the Belgians, accompanied by a warrant of arrest or other equivalent judicial document, issued by a Judge or Magistrate duly authorized to take cognizance of the acts charged against the accused in Belgium, together with duly authenticated depositions or statements taken on oath before such Judge or Magistrate, clearly setting forth the said acts, and containing a description of the person claimed, and any particulars which may serve to identify him. The said Secretary of State shall transmit such documents to her Britannic Majesty's principal Secretary of State for the Home Department, who shall then, by order under his hand and seal, signify to some Police Magistrate in London that such requisition has been made, and require him, if there be due cause, to issue his warrant for the apprehension of the fugitive.

Q

On the receipt of such order from the Secretary of State, and on the production of such evidence as would, in the opinion of the Magistrate, justify the issue of the warrant if the crime had been committed in the United Kingdom, he shall issue his warrant accordingly.

When the fugitive shall have been apprehended, he shall be brought before the Police Magistrate who issued the warrant, or some other Police Magistrate in London. If the evidence to be then produced shall be such as to justify, according to the law of England, the committal for trial of the prisoner, if the crime of which he is accused had been committed in England, the Police Magistrate shall commit him to prison to await the warraut of the Secretary of State for his surrender; sending immediately to the Secretary of State a certificate of the committal and a report upon the case.

After the expiration of a period from the committal of the prisoner, which shall never be less than fifteen days, the Secretary of State shall, by order under his hand and seal, order the fugitive criminal to be surrendered to such person as may be duly authorized to receive him on the part of the Government of his Majesty the King of the Belgians.

II. In the case of a person convictedThe course of proceeding shall be the same as in the case of a person accused, except that the warrant to be transmitted by the Minister or other Diplomatic Agent in support of his requisition shall clearly set forth the crime of which the person claimed has been convicted, and state the fact, place, and date of his conviction. The evidence to be produced before the Police Magistrate shall be such as would, according to the law of England, prove that the prisoner was convicted of the crime charged.

After the Police Magistrate shall have committed the accused or convicted person to prison to await the order of a Secretary of State for his surrender, such person shall have the right to apply for a writ of habeas corpus; if he should so apply, his surrender must be deferred until after the decision of the Court upon the return of the writ, and even then can only take place if the decision is adverse to the applicant. In the latter case the Court may at once order his delivery to the person authorized to receive him, without the order of a Secretary of State for his surrender, or commit him to prison to await such order.

ARTICLE III.

In the dominions of his Majesty the King of the Belgians, other than the

Colonies or Foreign Possessions of his said Majesty, the manner of proceeding shall be as follows:

I. In the case of a person accused—

The requisition for the surrender shall be made to the Minister for Foreign Affairs of his Majesty the King of the Belgians by the Minister or other Diplomatic Agent of her Britannic Majesty, accompanied by a warrant of arrest issued by a Judge or Magistrate duly authorized to take cognizance of the acts charged against the accused in Great Britain, together with duly authenticated depositions or statements taken on oath before such Judge or Magistrate, clearly setting forth the said acts, and containing a description of the person claimed, and any other particulars which may serve to identify him.

The Minister for Foreign Affairs shall transmit the warrant of arrest, with the documents thereto annexed, to the Minister of Justice, who shall forward the same to the proper judicial authority, in order that the warrant of arrest may be put in course of execution by the Chamber of the Council (Chambre du Conseil) of the Court of First Instance of the place of residence of the accused, or of the place where he may be found.

After issue of the order for arrest, and on exhibition of the warrant of arrest, the foreigner may be provisionally arrested, and the Juge d'Instruction is authorized to proceed according to the rules prescribed by the Code d'Instruction Criminelle.

The foreigner may claim to be provi sionally set at liberty in any case in which a Belgian enjoys that right, and under the same conditions. The application shall be submitted to the Chamber of the Council (Chambre du Conseil).

The surrender shall not be granted unless on production of the order of the Council (Chambre du Conseil), of the decree of the Chamber of Indictments or Investigation (Chambre des Mises en Accusation), or of the act of criminal procedure (acte de procédure criminelle), issued by the competent Judge, formally decreeing or necessarily involving the sending of the accused before a criminal court (la juridiction répressive) delivered in original or in an authenticated copy, and after having taken the opinion of the Chamber of Indictments or Investigation (Chambre des Mises en Accusation) of the Court of Appeal, within whose jurisdiction the foreigner shall have been arrested.

The hearing of the case shall be public, unless the foreigner should demand that it should be with closed doors.

The public authorities and the foreigner shall be heard. The latter may obtain the assistance of Counsel.

Within a fortnight from the receipt of the documents, they shall be returned, with a reasoned opinion, to the Minister of Justice, who shall decide, and may order that the accused be delivered to the person duly authorized on the part of the Government of her Britannic Majesty.

II. In the case of a person convictedThe course of proceeding shall be the same as in the case of a person accused, except that the conviction or sentence of condemnation issued in original or in an authenticated copy, to be transmitted by the Minister or other Diplomatic Agent in support of his requisition, shall clearly set forth the crime of which the person claimed has been convicted, and state the fact, place, and date of his conviction. The evidence to be produced before the Magistrate charged with the investigation of the case shall be such as would, according to the Belgian laws, prove that the prisoner was convicted of the crime charged.

ARTICLE IV.

A fugitive criminal may, however, be apprehended under a warrant issued by any Police Magistrate, Justice of the Peace, or other competent authority in either country, on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the person issuing the warrant, justify the issue of a warrant, if the crime had been committed or the prisoner convicted, in that part of the dominions of the two Contracting Parties in which he exercises jurisdiction: Provided however that, in the United Kingdom, the accused shall, in such case, be sent as speedily as possible before a Police Magistrate in London. He shall be discharged, as well in the United Kingdom as in Belgium, if within fourteen days a requisition shall not have been made for his surrender by the Diplomatic Agent of his country, in the manner directed by Articles II. and III. of this Treaty.

The same rule shall apply to the cases of persons accused or convicted of any of the crimes specified in this Treaty, committed on the high seas, on board any vessel of either country which may come into a port of the other.

ARTICLE V.

If the fugitive criminal who has been committed to prison be not surrendered

and conveyed away within two months after such committal (or within two months after the decision of the Court upon the return to a writ of habeas corpus in the United Kingdom), he shall be discharged from custody, unless sufficient cause be shown to the contrary.

ARTICLE VI.

When any person shall have been surrendered by either of the High Contracting Parties to the other, such person shall not, until he has been restored or had an opportunity of returning to the country from whence he was surrendered, be triable or tried for any offence committed in the other country prior to the surrender, other than the particular offence on account of which he was surrendered.

ARTICLE VII.

No accused or convicted person shall be surrendered, if the offence in respect of which his surrender is demanded shall be deemed by the Party upon which it is made to be a political offence, or to be an act connected with (connexe à) such an offence, or if he prove to the satisfaction of the Police Magistrate, or of the Court before which he is brought on habeas corpus, or to the Secretary of State, that the requisition for his surrender has in fact been made with a view to try or to punish him for an offence of a political character.

ARTICLE VIII.

Warrants, depositions, or statements on oath, issued or taken in the dominions of either of the two High Contracting Parties, and copies thereof, and certificates of or judicial documents stating the fact of conviction, shall be received in evidence in proceedings in the dominions of the other, if purporting to be signed or certified by a Judge, Magistrate, or officer of the country where they were issued or taken.

Provided such warrants, depositions, statements, copies, certificates, and judicial documents are authenticated by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of State.

ARTICLE IX.

The surrender shall not take place if, since the commission of the acts charged, the accusation, or the conviction, exemption from prosecution or punishment has been acquired by lapse of time, according

to the laws of the country where the accused shall have taken refuge.

ARTICLE X.

If the individual claimed by one of the two High Contracting_Parties in pursuance of the present Treaty should be also claimed by one or several other Powers, on account of other crimes committed upon their respective territories, his surrender shall be granted to that State whose demand is earliest in date; unless any other arrangement should be made between the Governments which have claimed him, either on account of the gravity of the crimes committed, or for any other reasons.

ARTICLE XI.

If the individual claimed should be under prosecution, or condemned for a crime or offence committed in the country where he may have taken refuge, his surrender may be deferred until he shall have been set at liberty in due course of law.

In case he should be proceeded against or detained in such country, on account of obligations contracted towards private individuals, his surrender shall nevertheless take place, the injured party retaining his right to prosecute his claims before the competent authority.

ARTICLE XII.

Every article found in the possession of the individual claimed at the time of his arrest, shall, if the competent authority so decide, be seized, in order to be delivered up with his person at the time when the surrender shall be made. Such delivery shall not be limited to the property or articles obtained by stealing or by fraudulent bankruptcy, but shall extend to everything that may serve as proof of the crime. It shall take place even when the surrender, after having been ordered, shall be prevented from taking place by reason of the escape or death of the individual claimed.

The rights of third parties with regard to the said property or articles are nevertheless reserved.

ARTICLE XIII.

Each of the High Contracting Parties shall defray the expenses occasioned by the arrest within its territories, the deten

tion, and the conveyance to its frontier, of the persons whom it may consent to surrender in pursuance of the present Treaty.

ARTICLE XIV.

The stipulations of the present Treaty shall be applicable to the Colonies and Foreign Possessions of the two High Contracting Parties.

The requisition for the surrender of a fugitive criminal who has taken refuge in a Colony or Foreign Possession of either Party, shall be made to the Governor or Chief Authority of such Colony or Possession by the Chief Consular Officer of the other in such Colony or Possession; or, if the fugitive has escaped from a Colony or Foreign Possession of the Party on whose behalf the requisition is made, by the Governor or Chief Authority of such Colony or Possession.

Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this Treaty, by the respective Governors or Chief Authorities, who, however, shall be at liberty either to grant the surrender, or to refer the matter to their Government.

Her Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and Foreign Possessions for the surrender of Belgiau criminals who may there take refuge, on the basis, as nearly as may be, of the provisions of the present Treaty.

ARTICLE XV.

The present Treaty shall come into operation ten days after its publication in conformity with the laws of the respective countries.

Either Party may at any time termimate the Treaty on giving to the other six months' notice of its intention.

ARTICLE XVI.

The present Treaty shall be ratified' and the Ratifications shall be exchanged at Brussels as soon as may be within six weeks from the date of signature.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at Brussels, the thirty-first day of July, in the year of Our Lord one thousand eight hundred and seventy

two.

(L.S.) J. SAVILE LUMLEY.