The manner of the demand by the Spanish government, and of the
compliance by that of the United States, shall be as follows. The person
authorized by the Spanish government, where the murder was committed,
to pursue the fugitive, may apply to any justice of the Supreme Court
of the United States, or to the district judge of the place where the
fugitive is, exhibiting proof on oath that a murder has been committed
by the said fugitive within the said government, who shall thereon
issue his warrant to the marshal or deputy-marshal of the same place, to
arrest the fugitive and have him before the said district judge; or the
said pursuer may apply to such marshal or deputy-marshal directly,
who on exhibition of proof as aforesaid, shall thereupon arrest the
fugitive, and carry him before the said district judge; and when before
him in either way, he shall, within not less than ---------days, nor
more than ---------, hold a special court of inquiry, causing a grand
jury to be summoned thereto, and charging them to inquire whether the
fugitive hath committed a murder, not of the nature of treason, within
the province demanding him, and on their finding a true bill, the judge
shall order the officer in whose custody the fugitive is, to deliver
him over to the person authorized as aforesaid to receive him, and shall
give such further authorities to aid the said person in safe-keeping and
conveying the said fugitive to the limits of the United States, as
shall be necessary and within his powers; and his powers shall expressly
extend to command the aid of posse of every district through which the
said fugitive is to be carried. And the said justices, judges, and other
officers, shall use in the premises the same process and proceedings,
_mutatis mutandis_, and govern themselves by the same principles and
rules of law, as in cases of murder committed on the high seas.
And the manner of demand by the United States and of compliance by
the Spanish government shall be as follows. The person authorized by a
justice of the Supreme Court of the United States, or by the district
judge where the murder was committed, to pursue the fugitive, may apply
to ---------
Evidence on oath, though written and _ex parte_, shall have the same
weight with the judge and grand jury in the preceding cases, as if the
same had been given before them orally and in presence of the prisoner.
The courts of justice of the said States and provinces, shall
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