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expressly empowered for the purpose, by their respective Sovereigns, after exchanging their Full Powers, have agreed upon the following points of Compact, subject to the ratification of the same by their Sovereigns, respectively.
ART. I. In future, that is from the day of the publication of the present Convention, after it shall have been previously ratified, Military Persons deserting from the Armies of either of the 2 High Contracting Parties, directly or indirectly, into the Territory of the other or to its Troops, even if these last also should be out of the Territory of their own Country, shall be reciprocally delivered up.
II. All Persons, without distinction as to Rank or Corps, shall be regarded as Deserters, if they belong to any one Division of the Standing Army, or of the Armed Force of the Country, according to the legal Regulations of either of the 2 States, and are bound to the same by an Oath of Allegiance, including the Servants who are employed with the Artillery or Waggon Corps.
III. Should the case occur, that a Deserter from one to the other of the High Contracting Powers, has already previously deserted from a third Power, he shall in such case be delivered up to the Contracting Power whose service he has last left, even although a Treaty of Surrender should in like manner exist with that Power, from which he has previously deserted. But, if a Soldier deserts from the Territory, or Troops, of one of the 2 Contracting Sovereigns to those of a third, and from these again into the Territory, or to the Troops, of the other Contracting Sovereign, the question shall then be, whether the latter Sovereign has a Treaty, or Cartel, with such third Sovereign, and if this should be the case, the Deserter shall be delivered up to the Sovereign from whom he last escaped; but in the contrary case, he shall be delivered up to the one of the 2 Contracting Sovereigns, whose service he quitted in the first instance.
IV. The following cases alone, shall be considered as sufficient grounds for refusing to deliver up a Deserter:
a. When the Deserter is a Native of the States of the High Contracting Sovereign, into whose Territory he has deserted, according to the Territorial Arrangements of the latest Treaties, and is therefore only returning to his home, by the act of desertion.
b. When a Deserter has committed an offence in that State to which he has escaped, the punishment for which offence must, according to the Laws of the Country, be inflicted previously to his being delivered up. And when the Deserter shall be delivered up, after he has undergone such punishment, the Papers relating to the investigation of his offence shall be handed over, either in Original, or in Extracts and Certified Copies, in order that the question may be considered, whether or not it may be proper to employ such Deserter again, in Military Service.
Debts or other Engagements, entered into by a Deserter, shall not afford any right to the State in which he may sojourn, to refuse to deliver him up.
V. The obligation to deliver up Deserters shall extend also to the horses, saddles, and riding equipments, arms and uniforms, which may have been taken away by the Deserters, at the time of their de sertion; and this extension of the obligation shall be observed, even if the delivering up of the Deserter himself be refused, by virtue of the stipulations contained in the preceding Article.
VI. In order to expedite, with the utmost possible regularity, the delivering up of Deserters, the 2 High Contracting Parties shall agree upon the Places, situated on the Frontiers of the Territories of each, at which Deserters shall be delivered up; for which purpose, those Towns shall be selected in which there is a Garrison; and an Authority, to be reciprocally appointed, shall be entrusted with the charge of receiving Deserters, and with the immediate payment of all the Expenses stipulated in the following Articles, X and XII.
VII. The delivery shall, as a matter of course, be made voluntarily, and without awaiting or expecting a requisition to that effect. So soon, therefore, as a Military or Civil Authority shall discover a Deserter from the other Party, he shall immediately deliver up such Deserter, together with the effects, horses, arms, &c., which he may have with him, to the Authority of the other Party, at the nearest Place agreed upon for the delivering up of Deserters, together with a Procès Verbal, which shall be drawn up on the occasion; and he shall receive, in return, a Certificate of the transaction.
VIII. But should a Deserter escape the notice of the Authorities of that State into which he has deserted, he shall be immediately delivered up, upon the first requisition to that effect, even though he should have found an opportunity of obtaining employment in the Military Service of that State. It is only when there exist doubts, respecting the correctness of any essential circumstances upon which the demand for the delivery is specially founded, and which are stated in the Requisition, which may render it necessary that an investigation of them should take place between the Authorities who require the delivery, and those from whom the same is required, that there shall be any hesitation in complying with the requisition for such delivery.
IX. The Requisitions mentioned in the preceding Article shall, on the part of Prussia, be presented to the Saxon Government, and to the Superior Bailiwick at Bautzen, or to the Royal CommanderGeneral, respectively; and, on the part of Saxony, to the nearest Provincial Government, or to the Commander-General of the Prussian Province to which the Deserter may have betaken himself. Those Deserters who may have been admitted into the Service shall be
delivered up by the Military Authorities; and the other Deserters shall be delivered up by the Civil Authorities.
X. The Power delivering up Deserters shall be reimbursed the Expenses of subsisting them, from the day of their apprehension to the day when they are delivered up, inclusive; at the rate of 3 Prussian Groschens current per day, for each Deserter, and of 6 pounds of oats, 8 pounds of hay, and 3 pounds of straw, Dresden weight of 110 pounds to the cwt., daily, for each horse. The calculation of the Expenses of the fodder shall be made according to the Market-prices of the Place, or of the nearest Town, where the apprehension was effected, and the payment of them shall follow, without the slightest difficulty, immediately after the delivery.
XI. In addition to these Expenses, and the Reward mentioned in the following Article, XII, no other payment whatever, whether claimed on account of bounty or pay, or for guarding and despatching Deserters, or however else such claims or services may be denominated, shall under any pretext be demanded, even though the Individual to be delivered up should have been enlisted amongst the Troops of that Sovereign who delivers up the Deserter.
XII. A Reward of 5 Prussian Dollars current for every Man without a horse, and of 10 Prussian Dollars current for every Man with a horse, shall be paid to any Subject who delivers up a Deserter; which Reward shall be advanced by the Party who will have to make the delivery, and be repaid to him immediately after it has been effected. With respect to other Individuals, liable to Military Duty, who may decamp, but who are not comprehended in the special classes of Deserters described in Article II, this Cartel-Money shall not be paid.
XIII. The Authority delivering up Deserters, shall give an Acknowledgement of the receipt of the Expences, and of the reimbursement of the Reward, mentioned in Articles X and XII. But the delivering up of Deserters shall not be delayed, in consequence of the amount of the Expenses which are to be reimbursed, not being immediately to be ascertained; if there be no doubt or reason, of a general character, to prevent it.
XIV. It shall be the imperative and bounden duty of all the Authorities, more especially of those on the Frontiers, to keep an active look-out for Deserters from the other Party, and therefore, without previously waiting for a requisition for the purpose, to place forthwith under surveillance, or to apprehend, according to circumstances, any Person who shall, from his language, apparel, arms, or other indications, appear to be a Deserter.
XV. All Persons belonging to the Reserve-Corps and to the Mifitia, and in general all Subjects liable to Military Duty, according to the Constitution of the 2 States respectively, who shall, from the
time of the publication of the present Convention, betake themselves into the Territory of the other Sovereign, or to his Troops, shall also in like manner be subject to be delivered up, after a previous requisition to that effect; and with respect to such delivery in general, as well with reference to the forms to be observed on such occasions, as also to those Expences of subsistence which are to be reimbursed, the same proceedings shall be observed as are laid down in the present Convention, for the delivering up of Military Deserters.
But upon all such deliveries, when effected by the Magistracy, in consequence of a Requisition from the other Party, no Cartel-Money shall be paid.
XVI. Those Individuals who are of the age which renders them liable to Military Duty, according to the respective Laws of the Contracting Parties, and who, upon passing over into the Territory of the other Party, should, from their not being able to satisfy inqui ries, incur the suspicion that they have intentionally withdrawn themselves from the Military Duty which they owe to their own State, shall be immediately remanded, and neither a residence nor protection shall be allowed to such Persons in the Territory of the other Party.
XVII. The Authorities and Subjects of both Parties shall be strictly prohibited from enlisting, for War-service, Deserters, and such other Individuals as are liable to Military Duty, who cannot satisfactorily prove their exemption from such duty, and from concealing the place of their retreat, or facilitating their removal to more distant Countries, in order to prevent any reclamations being made upon them. Moreover, it shall not be permitted that any Individuals of this description shall be enlisted by any Foreign Power whatever, within the Territories of the High Contracting Sovereigns.
XVIII. Whoever shall be guilty of wilfully concealing a Deserter, or Person liable to Military Duty, and of facilitating his escape, shall be severely punished by fine or imprisonment.
XIX. In like manner, the Subjects of each of the High Contracting Parties shall be forbidden to purchase, or otherwise to appropriate to themselves, the horse, saddle and equipments, arms, or uniform of a Deserter from the other Party. Any Person contravening this interdiction shall not only be compelled to restore the articles so purchased or appropriated, without the slightest compensation, or reimbursement of the value of them, but shall in addition be severely punished, by fine or imprisonment, if it can be proved that he has knowingly purchased or appropriated to himself such Articles from a Deserter.
XX. Whilst in the manner thus pointed out a reciprocal delivering up of Deserters, and Persons liable to Military Duty, will be regularly established, every arbitrary or forcible pursuit of a Deserter into the Territory of the other Party, shall be strictly forbid.
den and cautiously avoided, the same being regarded as a violation of Territory; and whoever shall be guilty of this offence shall be forthwith apprehended, if he be detected in the act, and be delivered up to his own Government, in order that he may receive the legal punish
XXI. If, however, a Subordinate Authority should be despatched into the Territory of the other Party by the Commander-General, who has pursued one or more Deserters as far as the Frontiers, in order to give information of the desertion to the Magistrates of the nearest Place, such a proceeding shall not be regarded in the light of a violation of Territory.
But the Magistrates shall proceed, forthwith, to arrest the Deserter, if he be within their jurisdiction, and in this case, as also in all others generally, when a Deserter is apprehended by the Magistrates, no Cartel-Money shall be paid. The Subordinate Authority shall not, however, on any account, himself apprehend the Deserter, otherwise he shall be proceeded against, according to Article XX.
XXII. Every forcible or clandestine enlistment in the Territory of the other Party, and every temptation held out to Soldiers of the other Party, to induce them to desert, or to other Subjects of that Party, to induce them to decamp, and thereby avoid the Military Duty to which they are liable, shall be strictly forbidden.
Whoever shall be apprehended in consequence of any such proceeding, shall be subject to the punishment awarded by the Laws of that State, in which he has been found guilty of such an offence. And whoever shall avoid this punishment by flight, or shall endeavour to operate in the above manner, from his own Country, upon Subjects of the other Country, shall, upon a requisition being made to that effect, be subjected to an inquiry, and visited with special punishment, in his own Country.
XXIII. Those Individuals who may have deserted, before the publication of the present Convention, from the Troops of one of the High Contracting Sovereigns, and have either taken Military Service in the Army of the other Sovereign, or have resided in his Territories, without having again adopted such Service, shall not be liable to reclamation and to be delivered up.
XXIV. Those Natives of the Countries belonging to either Party, who may be actually in the Military Service of the other Sovereign, at the time of the publication of the present Convention, shall be free to choose, either to return to the place of their birth, or to remain in the Service in which they may have engaged. They must, however, at the latest within one year from the date of the publication of the present Convention, distinctly declare their determination upon these points, and a Discharge will be granted without hesitation to those who are desirous of returning to their own homes.