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 5lsT Congress, ) 
 1st Session. j 
 
 SENATE. 
 
 ( Ex. Doc. 
 \ No. 55. 
 
 REPORT 
 
 »• >»» J » J 
 
 ■ » » > > 1 
 
 Oil '^ i':^» 
 
 1 > J > * > 
 
 EXTEADITIO^, 
 
 PREPARED BY 
 
 THE THIED ASSISTANT SECRETARY OF STATE 
 
 FOR THE 
 
 USE OF THE INTERNATIONAL AMERICAN CONFERENCE. 
 
 FEBUUAitY 13, 1890.— Referred to the Committee on 
 Foreign KelatiouH and ordo ed to be printed. 
 
 WASHINGTON : 
 
 GOVERNMENT PRINTING OFFICE. 
 1890.
 
 79 
 
 Department op State, 
 WasJiingtoii, D. C, February 12, 1890. 
 
 To the President cf the Senate : 
 
 In accordance with section 5 of the act of Cougress ap- 
 proved May 24, 1888, I transmit herewith, for the information 
 of the Senate and House of Representatives, a report on extra- 
 dition, which was prepared by the Hon. J. B. Moore, Third 
 Assistant Secretary of State, for the use of the Delegates to 
 the International American Conference. 
 
 I have the honor to be, sir, your obedient servant, 
 
 James G. Blaine. 
 
 3 
 
 .•57;5(;!>H
 
 REPORT 
 
 BY 
 
 HON. J. B. MOORE 
 
 EXTRADITION.
 
 REPORT BY HON. J. B. MOORE. 
 
 EXTRADITION. 
 
 Improved means of travel wliich modern invention has af- 
 forded and the consequent ease of flight have made the extra- 
 dition of criminals a subject of constantly growing imi)ortance. 
 A person commits an atrocious offense, and in a few hours at 
 most may be beyond the confines of the country whose laws 
 he has violated. Once within the jurisdiction of another coun- 
 try he may defy the authorities of the place of his criminal 
 activity unless the Government of the country to which he has 
 fled, animated with a desire to promote the cause of general 
 justice, shall take some action to deprive him of his immunity 
 from punishment. Three methods of dealing with fugitive 
 criminals have been suggested: 
 
 (1) Trial and punishment by the country of refuge. 
 
 ^'2) Expulsion. 
 
 (3) Extradition. 
 
 While the first method has found able advocates, it has 
 generally been regarded as impracticable and as not satisfying 
 the ends of justice, and its application has never seriously 
 been attempted. 
 
 The inadequacy of expulsion lies in the fact that it only rids 
 the country of refuge of a possibly dangerous individual, and 
 affords no satisfaction to the laws which he has violated. It 
 can be employed as a substitute for extradition only when, by 
 reason of the character or circumstances of the offense, the 
 fugitive ought not to be surrendered, but at the same time 
 ought not to be aliorded protection. 
 
 In extradition alone is found the eilicieiit reiiictiy lor the 
 evils to be treated. It rids the country of refuge of undesirable 
 persons, and, at the same time, meets the demands of justice 
 by handing the offender over to be tried according to the laws 
 which he is charged to have broken.
 
 8 EXTRADITIOX. 
 
 It has beeu much discussed by pubMcists whether extradi- 
 tion is a matter of perfect or of imperfect obligation — a matter 
 of duty or of comity. This question, however, has become of 
 less and less importance as extradition has come to be more 
 generally regulated by treaty. It has often been suggested 
 that each nation should regulate extradition for itself, by a 
 general law, enumerating the offenses for which fugitives should 
 be delivered up, and that such delivery should be granted in- 
 dependently of treaty and of reciprocity. But the decided 
 tendency has been to the regulation of the practice of extradi- 
 tion by treaty, thus insuring reciprocity, not only in principle, 
 but also in reality. 
 
 In the delivery up of fugitive criminals three systems of 
 procedure are found to exist. The first of these systems may 
 be called the executive. Under this system the fugitive is de- 
 livered up by the chief executive authority of the State, upon 
 such evidence as he may deem proper or prescribe. The second 
 may be termed the legislative system, under which the chief 
 executive, while he determines the question of surrender, 
 nevertheless acts under the provisions of an express statute. 
 The third system may be called the judicial, under which, 
 while the chief executive may render the final decision on the 
 question of delivery, the judicial authorities make the pre- 
 liminary investigation of the criminality of the person charged. 
 
 In the United States the judicial system prevails. The pre- 
 liminary investigation of the charge of crime is by law com- 
 mitted to the judicial authorities. If the decision of the officer 
 who conducts the preliminary examination is that the evidence 
 adduced is not sufficient to sustain the charge the alleged fugi- 
 tive is released from' custody and the question of surrender 
 never comes before the executive for determination. If the 
 decision of the examining magistrate is that the evidence is 
 sufficient to sustain the charge he commits the prisoner to 
 await the action of the executive, to whom the record of the 
 magistrate's proceedings is transmitted for consideration, and 
 the executive may either order the fugitive's surrender or may 
 decline to do so. 
 
 The consideration of the proceedings for the examination of 
 the charge of criminality naturally suggests the question, 
 What should be the kind and degree of evidence required for 
 the purpose of surrender? In some countries it is held that it 
 is sufficient if it appear that a criminal prosecution for the
 
 EXTRADITION. 9 
 
 offense charged is actually pending against the accused in the 
 country by .which his extradition is demanded. In other coun- 
 tries it is requisite that at least ^riwa/ae/e evidence should 
 be adduced of the guilt of the person charged. Such is the 
 case in the United States, in which the rule is that such evi- 
 dence of guilt must be furnished as would warrant the com- 
 mitment of the alleged fugitive for trial for the oiiense with 
 which he is charged if it had been committed in this country. 
 What crimes should be made the subject of extradition ? 
 The answer to this question must depend upon various condi- 
 tions. Between contiguous countries the list of oifeuses would 
 naturally be more extensive than between countries remote from 
 each other, and would reach crimes of a more trivial character. 
 The internal policy and the juridical system of a country would 
 also affect its readiness to grant or its ability to procure extra- 
 dition of fugitive criminals. It is generally conceded that no 
 extradition can be required for political offenses save under the 
 obligations of treaty, and such offenses are not generally ad- 
 mitted in conventions. But the question often arises as to 
 what is a political offense. In the treaty between the United 
 States and Belgium, concluded on the 13th Juno-, 1882, there 
 is the following provision : 
 
 The provisions of this convention shall not be applicable to persons guilty 
 of any political crime or ofleuse or of one connected with such a crime or 
 offense. A person who has been surrendered on account of one of the com- 
 mon crimes or offenses mentioned in Article II shall consequently in no 
 case be prosecuted and punished in the State to which his extradition has 
 been granted on account of a political crime or offense committed h}- him 
 previously to his extradition or on account of an act connected with such a 
 political crime or offense, unless he has been at liberty to leave the country 
 for one month after having been tried, and, in case of condemnation, for 
 one month after having fiMffered his punishment or having been [lardoni'd. 
 An attempt against the life of the head of a foreign government, or against 
 that of any member of his family, when such attempt comprises the act 
 either of murder or a.s.sas8ination, or of poisoning, shall not be considered 
 a political offense or an act connected witli such an offense. 
 
 This i)rovislon is understood to be merely docliiratory of (lie 
 law tliat a sovereign or a inember of his (amily may be ntado 
 the victim of a non i)olitical crime. OHenses against cu.stoms 
 laws are also generally excluded from extradition treaties, as 
 well as offences against laws relating to religion or to matters 
 of peculiarly local concern, growing out of particular national 
 polity.
 
 10 EXTRADITION. 
 
 It is not uuusual to find in conventions a limitation of the 
 crimes for which extradition may be demanded, based upon 
 the length or severity of the punishment to which they may 
 be subject. It may well be questioned whether such a limita- 
 tion will be found to be satisfactory in its operation and secure 
 such reciprocal action as may be desirable. The rule would 
 appear to depend for its successful application chiefly upon 
 tiie assimilation of penal legislation. 
 
 One of the most important practical questions relating to 
 extradition is that of the provisional arrest and detention of 
 alleged fugitives. The employment of the telegraph for the 
 purpose of securing such arrest and detention is often essen- 
 tial to the capture and reclamation of the criminal. Fre- 
 quently appropriate provisions on this subject are embodied 
 in the treaties, although few of the extradition conventions 
 which the Government of the United States has concluded 
 with foreign powers contain such a stipulation. It is believed, 
 however, that law and practice in the United States afford 
 ample opportunity to secure the apprehension of fugitives 
 from justice and their commitment for examination, in advance 
 of a formal requisition for their surrender. In such case, some 
 authorized agent of the foreign government, usually a consul, 
 makes complaint on oath, upon information and belief, charg- 
 ing the alleged fugitive in proper form with the commission of 
 a treaty offense within the jurisdiction of that government. 
 This complaint is made with as great particularity as possible 
 and is frequently supported by telegraphic information fur- 
 nished by the complainant's government. If the complaint be 
 sufficient, the magistrate before whom it is made issues his 
 warrant for the arrest of the person charged, and, when he is 
 arrested, commits him for such time as may, under the circum- 
 stances, be reasonable for the production of the formal evi- 
 dences of criminality. (See Appendix A.) 
 
 Should citizens be surrendered? The general rule unques- 
 tionably is to refuse to surrender them. The justification for 
 this rule is thought to be found in the provision which the laws 
 of most countries make for the punishment of citizens for 
 offenses committed abroad, and in the alleged superior right 
 of trial belonging to the country of which the fugitive is a citi- 
 zen. As the great object of extradition is the trial and punish- 
 ment of an offender under the laws which he has violated and 
 at the place of such violation, an object rendered important by
 
 EXTRADITION. 11 
 
 considerations of conveuieuce as well as by tbe just require- 
 ments of the penal law, it may well be questioned wbetber 
 nations should persist in the general exemption of their citizens 
 from extradition process. 
 
 Should a person surrendered for one offense be tried for 
 another, before he has had an opportunity to return to the 
 jurisdiction from which he was taken ? The argument against 
 such trial has been that to admit that it might take place 
 would encourage abuse of extradition process and open the 
 door to prosecutions for political otienses. In reply to this it 
 may well be said that if the good faith of the demanding gov- 
 ernment be clear and the prosecution sought to be instituted 
 non-political, it is an unnecessary defeat of justice to require 
 the culi)rit to be set at liberty, merely because he was sur- 
 rendered for another offense. It has been suggested that at 
 least a partial remedy for this condition might be found in 
 limiting the right of trial to treaty offenses. This, however, 
 does not meet the objection. But might not a complete remedy 
 be found in the provision that a person surrendered for one 
 offense should not be tried for another, if the surrendering 
 government object ; and that before trial for an offense other 
 than that for which the extradition was granted, notice should 
 be given to the surrendering state of the intention to try for 
 such other offense ? 
 
 It may happen that several demands are presented by dif- 
 ferent governments for the surrender of a single individual. 
 In such a case, which demand should be complied with? The 
 rule generally adopted in the treaties of the United States is 
 to honor the demand first presented. 
 
 To what extent may a government intervene in behalf of one 
 of its citizens who is in a foreign country and is made the 
 subject of a demand oC extradition by a thinl state? Can an 
 objection to his surrender be based upon the fact that no treaty 
 of extradition exists between the demanding state and that 
 within wlios<! juiisdiction he is? And, if it i)e held that the 
 true rule is that he is entitled only to the same treatment as 
 a citizen of the country on which the demand is made, may his 
 government niake it a ground of objection to his extradition 
 that citizens! of that country are by its laws or its practice ex- 
 empt from surrender? 
 
 It is the ])ra<-.fice of the (iovcrniiicnt of tlie United tStiites to 
 decline extradition in the absence of treaty. It lias concluded
 
 12 
 
 EXTRADITION. 
 
 with foreign countries, in relation to extradition, the following 
 conventions: 
 
 Countries. 
 
 Austria 
 
 Baden 
 
 Bavaria 
 
 Belginni* , 
 
 Bremen 
 
 Dominican Republic ... 
 
 Ecuador 
 
 France 
 
 Great Britain t 
 
 Hanovert 
 
 Hawaiian Islands 
 
 Havti 
 
 Itaiy§ 
 
 Japan 
 
 Luxemburg 
 
 Mecklenburg-Schwerin 
 Mecklenburg-Strelitz . . 
 
 When 
 concluded. 
 
 July 3 
 Jan. 30, 
 Sept. 12, 
 Mar. 19, 
 June 13 
 Sept. 6, 
 Feb. 
 June 28, 
 Nov. 9, 
 Feb. 24 
 Feb. 10 
 Nov. 19, 
 Aug. 9, 
 Jan. 18, 
 Dec. 20, 
 Nov. 3, 
 Mar. 23 
 Jan. 21 
 June 11 
 Apr. 29 
 Oct. 29, 
 Nov. 26, 
 Dec. 2, 
 
 ,1856 
 , 1857 
 i, 1853 
 I, 1874 
 , 1882 
 , 1853 
 !, 1867 
 i, 1872 
 ', 1813 
 , 1845 
 i 1858 
 , 1794 
 , 1842 
 ;, 1855 
 ,1849 
 , 1864 
 ,1868 
 ,1869 
 ,1884 
 ,1886 
 , 1883 
 i, 1853 
 1, 1853 
 
 Countries. 
 
 Mexico 
 
 Netherlands!! 
 
 Nicaragua 
 
 North German Union 
 
 Oldenburg 
 
 Orange Free State 
 
 ottoman Empire 
 
 PerulT 
 
 Prussia and other States of 
 the Germanic Confedera- 
 tion. 
 
 San Salvador 
 
 Schanmburg-Lippe , 
 
 Spain** 
 
 Sweden and Norway 
 
 Swiss Confederation 
 
 Two Siciliesft 
 
 VenezuelaJt , 
 
 Wiirtemburg 
 
 When 
 concluded. 
 
 Dec. 
 
 May 
 June 
 June 
 Feb. 
 Dec. 
 Dec. 
 Aug. 
 Sept. 
 June 
 
 May 
 
 June 
 
 Jan. 
 
 Aug. 
 
 Mar. 
 
 Nov. 
 
 Oct. 
 
 Aug. 
 
 Oct. 
 
 July 
 
 U, 1861 
 
 22, 1880 
 
 2, 1887 
 
 25. 1870 
 22,1868 
 30, 18.53 
 
 22. 1871 
 11,1874 
 12, 1870 
 16, 1852 
 
 23, 1870 
 
 7. 1854 
 5, 1877 
 7, 1882 
 
 21, 1860 
 25, 1850 
 
 1. 1855 
 27, 1860 
 13. 1853 
 27, 1868 
 
 * Replaced by treaty of 1882. 
 
 t Expired October 28, 1807. 
 
 { Terminated by absorption of HSnover 
 
 by Prussia. 
 § Amended by treaties of 1869 and 1884. 
 U Replaced by treaty of 1887. 
 
 IT Terminated March 31, 1886. 
 
 ** Amended by treaty of 1882. 
 
 tt Replaced by treaty of 1868 with Italy and 
 
 its amendments. 
 ;j Terminated October 22, 1870.
 
 Appendix A. 
 
 PROVISIONAL ARREST AND PROCEDURE. 
 
 No. 18] Department of State, 
 
 Washington, January 28, 1889. 
 John E. Parkhurst, Esq., 
 
 4'c., <^c., ^c, Brussels. 
 
 Sir: I have to acknowledge the receipt of Mr. Tree's dispatch. No. 406, of 
 the Slst of October last, iu which he informed the Department of the pro- 
 visional arrest and detention by the Belgian authorities, upon the request 
 of this Government, through its legation at Brussels, of one Sambalino, 
 who has since been extradited to the United States. 
 
 With his dispatch Mr. Tree inclosed a copy and translation of a note of 
 his excellency the Prince de Chiraay, Belgian minister of foreign affairs, 
 bearing date the 27th of October, and responding to Mr. Tree's request for 
 Sambalino's provisional detention. His excellency states that the consul 
 of the United States at Antwerp had solicited Jhe temporary arrest of the 
 fugitive, who had, accordingly, been detained at Antwerp since the 19th 
 of October. His excellency then observes that the convention between 
 the United States and Belgium of the liOth of June, 1882, does not contain 
 any stipulation determining the conditions under which provisional arrest 
 may be claimed from the Belgian Government and reciprocally from the 
 Government of the United States. His excellency further states that until 
 188G the telegraphic requests of the Belgian Government for such arrest 
 had been welcomed by the Secretary of State of the United States and the 
 judicial authorities in this country ; but Ihat a change then took place. 
 The Belgian Government, he states, having solicited the temjiorary arrest 
 of two fugitives, named Maiidelius and Kdelhausen, the Secretary of State 
 informed His Belgian Majesty's representative at Washington, on the 2d of 
 August, 188G, that, although the Department of State had in some preced- 
 ing cases issued a warrant with a view to the arrest of fugitive criminals 
 without waiting for the presentation of formal evidence of the oflenso 
 charged, sncli a proceeding would not bo followed thereafter unless ex- 
 pressly authorized by treaty stipulation. It is rcnuirked, liowever, that 
 in the note ronvi-ying tliis decision tin- Secretary of Stiitc observe<l that 
 the provisions of section r>27(J of the Kevised Statutes of the United States 
 were sufticiont, in the absence of treaty stipulations, to cover the case then 
 niKJer consideration. But the luinister of foreign nlfaiis states that the 
 judge at New York dccidi-d difTerenlly, and that subsequently the Belgian 
 charg6 d'afiaires at Washington unsuccessfully endeavored to secure an 
 additional provision in the treaty to secure arrest on telegraphic informa- 
 tion.
 
 14 EXTRADITION. 
 
 It does not appear by our records in what form the question above 
 stated came before a judicial magistrate in New York; whether he gave 
 his opinion in a case actually before him, or merely by way of advice in 
 advance of a case arising. But in the view the Department takes of the 
 subject these considerations are not material. 
 
 At or near the time when this Department, in 1886, notified the minis- 
 ter of Belgium, in the case of Mandelius and Edelhausen, that the issuance 
 of preliminary certificates to obtain the provisional arrest of fugitives had 
 been discontinued, save in cases of explicit treaty requirement, applications 
 for such papers were made by other governments than that of Belgium and 
 refused. It is well known that the issuance of these so-called warrants of 
 arrest was not required by any statute of the United States, but was begun 
 many years ago, and practiced from time to time, in consequence of the 
 opinion expressed by some of our judges that our judicial magistrates pos- 
 sessed no jurisdiction to entertain proceedings for the apprehension and 
 committal of alleged fugitive criminals without a previous requisition from 
 the government of the country in which the offense was committed upon 
 the President of the United States, and the obtainment of his authority 
 for such proceedings. 
 
 In recent years, however, there had been a decided preponderance of 
 opinion, to the effect that the intervention of the President was not essen- 
 tial, under our laws, to secure the arrest and detention of fugitives from 
 justice in this country, and in consequence of this, and as no such inter- 
 vention was expressly authorized, the Department, in 1886, came to the 
 conclusion to abstain from issuing preliminary certificates or warrants, ex- 
 cept in cases of express conventional obligation. 
 
 Since that time the question has been brought before the Supreme Court 
 of the United States and the position of the Department sustained. I refer 
 to the case of George Benson, alias M. R. Mayer, whose extradition from the 
 United States was demanded by the Government of Mexico in 1886. 
 
 On the 4th of December of that year the Mexican minister at this capital 
 informed the Department that he had been instructed by his Government, 
 by telegraph, to apply to that of the United States for the extradition of 
 the fugitive in question, who had been guilty of a swindling operation in 
 the City of Mexico, having falsely represented himself to be the agent of 
 Madame Adelina Patti for the sale of tickets for an operatic performance, 
 and thus fraudulently obtained upwards of $20,000, with which he had ab- 
 sconded and was believed to have fled to the United States. The minister 
 requested the Secretary of State to cause orders to be issued for the fugi- 
 tive's arrest. 
 
 To this communication the Department replied on the 8th of December, 
 1886, sajing that in its opinion the provisions of section 5270 of the Revised 
 Statutes of the United States were sufiScient for the purpose of obtaining 
 the fugitive's arrest, but at the same time calling attention to the fact that 
 the minister's note contained no specification of any of the offenses enu- 
 merated in the extradition treaty between the United States and Mexico 
 of December 11, 1861. 
 
 On the 8th of December the Mexican minister replied that he deemed the 
 offense with which the fugitive was charged to be comprised in that of for- 
 gery, mentioned in the third article of the treaty ; and referred to the re-
 
 EXTRADITION. 15 
 
 quest contained in his note of the 4th of Decemher in respect to the fugi- 
 tive's arrest. 
 
 On the loth of December the Department replied, still declining to act, 
 and on the same day the minister, being convinced of the correctness of the 
 Department's position, withdrew his requests. Copies of this correspond- 
 ence are herewith inclosed. 
 
 Having arrived in the city of New York, Benson was arrested on a war- 
 rant Issued by Samuel H. Lyman, esq., commissioner of the circuit court 
 of the United States for the southern district of New York, without the 
 intervention of this Department in the matter, upon a complaint made be- 
 fore him by the consul-general of Mexico at the city of New York, charg- 
 ing the fugitive with having committed the crime of forgery in Mexico. 
 The proceedings before the commissioner resulted in the commitment of the 
 fugitive for surrender on that charge. 
 
 A writ of habeas corpus was then, upon proper application, allowed by 
 Justice Blatchford, of the Supreme Court of the United States, to bring the 
 prisoner before the circuit court of the United States for the southern dis- 
 trict of New York. Upon the hearing in the circuit court the writ was 
 discharged and the jirisoner remanded to the custody of the United States 
 marshal. From this judgment an appeal was taken to the Supreme Court 
 of the United States. 
 
 In the course of its unanimous judgment, which was delivered by Mr. 
 Justice Miller, that tribunal said : 
 
 "This proceeding was instituted before the commissioner, under Title 
 LXVI of the Revised Statutes of the United States, concerning extradi- 
 tion. The first section reads as follows : 
 
 'Sec. 5270. Whenever there is a treaty or convention for extradition be- 
 tween the Government of the United States and any foreign Government 
 any justice of the Supreme Court, circuit judge, district judge, commis- 
 sioner authorized to do so by any of the courts of the United States, or 
 judge of a court of record of general jurisdiction of any State, may, upon 
 complaint made under oath, charging any person found within the limits 
 of any State, district, or Territory with having coniniittod within tlu^ juris- 
 diction of any such foreign Government any of the crimes provided for by 
 such treaty or convention, issue his warrant for the apprehension of the 
 person so charged, that he may be brought before such justice, judge, or 
 commissioner, to the end that the evidence of criminality may I'l' ln-ard 
 and considered. If, on such lioaring, ho deems the eviilenco sullieient to 
 sustain the charge under the provisions of the proper treaty or convention, 
 ho shall certify the same, together with a cojiy of all th«> teMtiinony t:ik<Mi 
 before him, to the Secretary of State, that a warrant may imsuo upon the 
 requisition of tho proper authorities of such foreign Government for lliii 
 surrender of such person, according to the Htipulations of t lie treaty or con- 
 vention ; and he shall issue liis warrant for tiie counuitment of the iterson 
 so charged to the proper jail, there to remain until such surrender hIuiII Im 
 made.' 
 
 "There is no evidonci- in tliis record, at least tlnTe is no (")|i.v of any di!- 
 mand or requisition made by tho Mexii-an autliorilics upon our Govfrnnient 
 for tbo extradition of this prisoner. The proceodingH, therefore, np to this 
 time rest upon the initiative authorized by tho statutes upon that 8ul)ject,tho
 
 16 EXTRADITION. 
 
 Mexican Government, however, being represented by counsel, and the cor- 
 respondence with its otlficers which was introduced into the record showing 
 their interest in the matter and their purpose to have this prisoner brought 
 to that country for trial. 
 
 " The treaty under which this right to arrest the prisoner and detain him 
 for extradition is asserted was concluded at Mexico, December 11, 1861, and 
 proclaimed by the President of the United States June 20, 1862 (12 Stat., 
 1199). It has the usual provisions, that the contracting parties shall, on 
 requisitions made in their name, deliver up to justice persons who, being 
 accused of the crimes enumerated in article 3, committed within the jurisdic- 
 tion of the requiring party, shall seek an asylum or shall be found within 
 the territories of the other. * * * 
 
 "As the case appears before us, on the transcript of the evidence pro- 
 duced before Commissioner Lyman and before the circuit court on the writ 
 of habeas corjius, it is considerably confused, but very full and elaborate. 
 Several questions in regard to the introduction of evidence, which were 
 raised beibre the commissioner, some of tLem concerning the sufficiency of 
 the authentication of papers and depositions taken in Mexico, and as to the 
 testimony of persons supposed to be expert in the law of that country re- 
 garding the subject, are found in the record, which we do not think require 
 notice here. The writ of habeas corpus, directed to the marshal of the 
 southern district of New York, does not ojierate as a writ of error, and 
 many of the orders and decisions madeby the commissioner at the hearing 
 which took place before him become unimporta nt in the examination of the 
 sufficiency of the proceedings under which he ordered the prisoner into cus- 
 tody. The main question to be considered upon such a writ of habeas cor- 
 pus must be : Had the commissioner jurisdiction to hear and decide upon 
 the complaint made by the Mexican consul ; and also, was there sufficient 
 legal ground for his action in committing the prisoner to await the requi- 
 sition of the Mexican authorities ? 
 
 " In regard to the jurisdiction of the commissioner to hear the complaint 
 no doubt can be entertained." 
 
 And after a full examination of the case the judgment of the Supreme 
 Court was concluded as follows : 
 
 "We are of opinion that the decision of Commissioner Lyman committing 
 the prisoner to the custody of the marshal to await the requisition of the 
 Mexican Government was justified, and the judgment of the circuit court 
 dismissing the writ of habeas corpus is accordingly affirmed." 
 
 This judgment settles the point that under section 5270 of the Revised 
 Statutes of the United States a fugitive from the justice of a Government 
 with which the Government of the United States has a treaty or convention 
 of extradition may be arrested in thiscountry and held for examination on 
 a charge of having committed in the foreign country an offense specified 
 in such treaty or convention without any previous intervention on the 
 part of the President or proof that a requisition has been made. Under 
 this statute is it believed that there exists in the United States a very lib- 
 eral system of provisional arrest and detention of fugitives from foreign 
 justice, under which, upon oaths made on information and belief (a requiie- 
 ment which the prelimiiiary mandate formerly issued by the Executive did 
 not dispense with), such fugitives are coustantly arrested and held without
 
 EXTRADITION. 17 
 
 interference on the part of tlie executive branch of the Government of the 
 United States to await examination before our judicial magistrates in ac- 
 cordance with our laws. No time is specified during which a fugitive may 
 be so hekl ; but the judicial officer decides in each case what term is rea- 
 sonable under all the circumstances for the detention of the fugitive pend- 
 ing the reception of the formal proofs of his culpability and their exaiuiuk- 
 tion. Save in cases in which the question of the necessity of executive in- 
 terference was formerh' raised, this Department has received no complaints 
 of the refusal of judicial magistrates to grant proper facilities. On the con- 
 trary, it is believed that such magistrates have generally construed their 
 powers with as much liberality as is consistent with the security which all 
 persons, both citizens and foreigners, should enjoy against unfouuded arrest 
 and detention. 
 
 It is hoped that this statement will prove satisfactory to the Belgian Gov- 
 ernment iu respect to the subject of provisional arrests in the United States, 
 and you are at liberty to commuuicate a copy of this paper to his excel- 
 lency the minister of foreign affairs. 
 I am, sir, your obedient servaut, 
 
 T. F. Bayakd. 
 
 finclosure 1.] 
 
 Mr. Romero to Mr. Bayard. 
 
 [TraDsiation.] 
 
 Legation of Mexico, 
 Washington, Decern &er 4, 1886. (Received December 4.) 
 
 Mr. Secretary : I have the honor to inform you that I have recci vi'd in- 
 structions from my Government, by telegrapli, to apply to that of tlie 
 United States for the extradition of a Gernuin naim-d M. K. Major, wlio bas 
 been guilty of a swindling operation in the City of Mexico, haviug repre- 
 sented IiiiiiKelf to be Mr. Abbey's agent for tbo sale of season tickets fi)r the 
 opera of Madame Adelina I'atti's company, and having absconded from that 
 city after fraudulently securing upwards of .*i2(),<H,IO. To-day's papers havt< 
 published the particulars of this swindle. 
 
 Mayer appi-ars to have gone in the din'ction ot El Paso, Texas, on his way 
 to this country. He is a short a ml si out man, i>f light conqtlcxion, with Idack 
 hair, heavy moustache, and abouf, forty years of agi-. 
 
 Pending the receipt of the necessary docnnn-ntsfroMi IIk; Mrxican aiilhoi i- 
 ties, making application for his extradition, I will thank yon, Mr. Secre- 
 tary, if yon have no objections, to cause orders to be issued lor Mayer's 
 arrest, so that the ends of justice may not bo defeated by his cscajie. 
 Be pleased, etc., 
 
 M. IvoMEItO. 
 
 S. Ex. iJo J
 
 18 EXTRADITIOX. 
 
 [In closure 2.] 
 
 Mr. Bayard to Mr. Eomero. 
 
 Department of State, 
 
 Washington, December 8, 1886. 
 
 Sir: Referring to your note of the 4th instant, stating that a German, 
 named M. R. Mayer, who has been guilty of a swindling operation in the 
 City of Mexico, having fraudulently obtained njiwards of §20,000 by repre- 
 senting himself to be the agent of Mr. Abbey for the sale of season tickets 
 for an operatic performance by the company of Madame Adelina^g,ttl, is 
 believed to have fled to the United States, and requesting this Department 
 to cause orders to be issued for Mayer's arrest, so that the ends of justice 
 may not be defeated by his escape, I have the honor to inform you that, 
 in the opinion of the Department, the provisions of section 5270 of the Re- 
 vised Statutes of the United States are sufficient for the purpose of obtain- 
 ing the fugitive's arrest, and that the Department is not authorized to take 
 any action in the present stage of the case. It may not, however, be im- 
 proper to observe that there is no specification in your note of any of the 
 extraditable offenses enumerated in the treaty of December 11, 1861, which 
 regulates the subject of extradition between the United States and Mexico. 
 Accept, etc., 
 
 T. F. Bayard. 
 
 [Inclosnre 3.] 
 
 Mr. Romero to Mr. Bayard, 
 
 [Translation.] 
 
 Mexican Legation, 
 Washington, Decembers, 1886. (Received December 9.) 
 
 Mr. Secretary: I have had the honor to receive your note of this date, . 
 wherein, referring to my note of the 4th instant, in which I asked the arrest 
 of an individual who assumed in the City of Mexico the name of Marcus R. 
 Mayer, agent of Mr. Henry E. Abbey, and who, according to rejjorts pub- 
 lished by the papers of New York, ajipears to be really named Charles 
 Bourton, and who in that city fraudulently obtained a considerable sum of 
 money through the sale of tickets for the operatic performances of Signora 
 Adelina Patti, you were pleased to state to me that, in the opinion of your 
 Department, the provisions of section .')270 of the Revised Statutes of the 
 United States are sufficient for the purpose of obtaining the arrest of the 
 fugitive, at the same time remarking that my note did not express any 
 offense enumerated in the treaty of December 11, 1861, between Mexico 
 and the United States, as having been committed by the person in question. 
 
 Although, because sufficient time therefor has not supervened, the data 
 to enable a judgment to be formed of the precise nature of the ofi^euse have 
 not yet been received, I deem it to be comprised in that of forgery men- 
 tioned in the third article of the convention of December 11, 1861, since 
 Bourton assumed in Mexico the name of Marcus R. Mayer, who is the real
 
 EXTRADITION. 1 9 
 
 agent of Mr. Abbey, and under that name issued tickets and gave receipts 
 for the money which was paid to bim. 
 
 I ha%'e already given instructions to the Mexican consuls at El Paso aud 
 Laredo, Texas, and in the cities of New York and New Orleans, to go be- 
 fore the judges of the respective districts for the purpose of procuring the 
 arrest of Bourton, in compliance with the provisions of section 5270 of the 
 Revised Statutes of the United States ; but ihese instructions will be iu- 
 sufficient if the aforesaid consuls be not aided by the police of the respect- 
 ive localities, since as the guilty fugitive comes in disguise it will be very 
 difficult for the consuls mentioned to know when he arrives in or passes 
 through the cities named, and only the vigilance of the police can discover 
 this.- For this reason the recommendation which I made in my note of the 
 4th instant had also for its object that the police should be advised, that 
 they might exert their vigilance in order to be able to apprehend the fugi- 
 tive, if the Department should deem itself authorized to do so. 
 Be pleased, etc., 
 
 M. Romero. 
 
 flnclosure 4.] 
 
 J/r. Bayard to Mr. Romtro. 
 
 Departmkxt of State, 
 
 WashiiKjton, December ir>, 188G. 
 
 Sir : Referring to your note of the 8th instant, relative to the case of 
 Marcus R. Mayer, alias Charles Bourton, charged with obtaining money 
 in the City of Mexico by the fraudulent sale of tickets for the operatic per- 
 formances of the company of Madame Adelina Patti, I liave the honor to 
 inform you that this Department, while desirous of aiding in every proper 
 way the execution of the treaty of the 11th of December, 1801, is not, in 
 my judgment, authorized to advise or instruct the police in the various lo- 
 calities named in your noto to exert vigilance in the apprehension of the 
 fugitive. 
 
 As has already been poinli d oiii, i In- provision of section r>-270 oj" tlio Re- 
 vised Statutes are deemed siinicii-ut for the purpose of obtaining the fugi- 
 tive's arrest, and unU^ss some otlier way is prescribed by treaty those jiro- 
 visions contain the only method ]>resciibcd by the laws of the I'niti'd 
 States for the institution of proceedings in extradition. Under that law 
 extradition proceedings are initi.-ited, like any other criminal iirosi-cution, 
 by the issuance of a warrant of arrest by a competent magistrate upon «'vi- 
 dence re(|nircd by statute of the commission of the olfense charged. 
 
 The arrest of the fugitive ui)on this warrant is the duty of local police 
 authorities, over whom this Department exercises no supervision, and 
 whom it is not competent to advise or instruct. 
 
 Accept, etc., 
 
 T. F. Bavauu.
 
 20 EXTRADITION. 
 
 flnclosure 5.] 
 
 Mrt Romero to Mr. Bayard. 
 
 [Translation.] 
 
 Mexican Legation, 
 Washington, Decemher 15, 1886. (Received December 16.) 
 
 Mr. Secretary: I have had the houor to receive your note of to-day, 
 in which, acknowledging that from this legation of the 8th instant, con- 
 cerning the case of Marcus B. Mayer alias Charles Bourton, accused of 
 fraudulently obtaining money in the City of Mexico, by means of the sale 
 of counterfeit tickets for the concerts of Madame Adelina Patti, you were 
 pleased to inform me that it was not in the power of your Department 
 either to advise or instruct the police authorities in the places at which it 
 seemed likely that Bourton would cross from Mexico into the United States, 
 and that the only method of obtaining his arrest, in the absence of a special 
 provision prescribed by treaty, was contained in section .5270, Revised 
 Statutes of the United States. 
 
 I am conviuced that the Dejiartment of State has no j)Ower to intervene 
 in this matter, conformably with thelaws of this country, and consequently 
 I withdraw the requests I made of you in my notes of the 4th and 8th in- 
 stants concerning this affair. 
 
 I have instructed the Mexican consuls at the points mentioned in the 
 second of my notes above referred to to supply the place of, the case aris- 
 ing and in so far as they may be able, the intervention of your Department 
 requested iu my two notes. 
 Be pleased, etc., 
 
 M. Romero.
 
 Appendix B. 
 
 EXTRADITION TREATIES OF THE UNITED STATES WITH 
 FOREIGN PO'WERS, WITH AN ANALYSIS. 
 
 AUSTRIA-HUXGARY. 
 
 Concluded July 3, 185G; Batificaiions exchanged at Washington December 13, 
 1850; Proclaimed Decemier lb, 1856. • 
 
 Whereas it is found exx)e(lieiit, for the better admiuistration of justice 
 aud the prevention of crime within the territories and jurisdiction of the 
 parties, respectively, that persons committing certain heinous crimes, beinj; 
 fugitives from justice, should, under certain circumstances, he reciprocally 
 delivered up; and also to enuuicrate such crimes explicitly; and whereas 
 the laws of Austria forbid the surrender of its own citizens to a ioreign 
 jurisdiction, the Government of the United States, with a view of making 
 the convention strictly reciprocal, shall beheld equally free from any obli- 
 gation to surreuder citizens of the United States; therefore, on the one 
 l)art the United States of America, and on the other part His Majesty the 
 Emperor of Austria, having resolved to treat on this subject, have, for 
 that purpose, appointed their resi)ectivePlenii)otentiaries, to negotiate and 
 conclude a convention ; that is to say : 
 
 The President of the United States, William L. Marcy, Secretary of 
 State; and His Majesty the Emperor of Austria, John George Chevalier de 
 Hiilsemanii, his said Majesty's Minister KeMidont near the Governmeut of 
 the United States ; who, after reciprocal communication of their respective 
 powers, have agreed to and signed the following articles: 
 
 Articlk I. ' 
 
 It is agreed that the United States and Austria shall, upon mutual requi- 
 sitions by them or their ministers, officers or authorities, respectively made, 
 deliver up to justice, aid prrsfuis who, being cliargcd with tin* crime of 
 murder, or assault with intent to commit munlcr, or piracy, or arHon, or 
 robbery, or forgerj', or the fabrication or circulation of counterfeit money, 
 whether coin or paper money, or the cmliezziemcnf of imblic iiu>neyH, com- 
 mitted within the jurisdiction of either party, shall seek an asylum or Khali 
 be found within the territories of the other: Provided, That this shall only 
 be done upon such evidence of criminality as, according to the laws of the 
 place where, the fugitive or iierson so charged shall be found, w(Uild justify 
 liis a]>prehensioti and coiuniitmi;nt for trial if tlie crime or oU'ense had there 
 been committed; and the respective judges and other magistrates of the
 
 22 EXTRADITION. 
 
 two Governments shall have power, jurisdiction and authority, upon com- 
 plaint made under oath, to issue a warrant for the apprehension of the 
 fugitive or person so charged, that he may he brought hefore such judges 
 or other magistrates, respectively, to the end that the evidence of crimi- 
 nality may be heard and considered ; and if, on such hearing, the evidence 
 be deemed sufficient to sustain the charge, it shall be the duty of the exam- 
 ining judge or magistrate to certify the same to the proper executive au- 
 thority, that a warrant may issue for the surrender of sucn fugitive. The 
 expense of such apprehension and delivery shall be borne and defrayed by 
 the party who makes the requisition and receives the fugitive. The pro- 
 visions of the present convention shall not be applied, in any manner, to 
 the crimes enumerated in the first article committed anterior to the data 
 thereof nor to any crime or offense of a political character. 
 
 Article II. 
 
 I?either of the contracting parties shall be bound to deliver up its own 
 citizens or subjects under the stipulations of this convention. 
 
 Article III. 
 
 Whenever any person accused of any of the crimes enumerated in this 
 convention shall have committed a new crime in the territories of the State 
 where he has souglit an asylum or shall be found, such person shall not be 
 .delivered up, under the stipulations. of this convention, until he shall have 
 been tried, and shall have received the punishment due to such new crime, 
 or shall liave been acquitted thereof. 
 
 Article IV. 
 
 The present convention shall continue in force until the first of Jan- 
 uary, eighteen hundred and fifty-eight; and if neither party shall have 
 given to the other six mouths' previous notice of its intention then to ter- 
 minate the same, it shall further remain in force until the end of twelve 
 months after either of the high contracting parties shall have given notice 
 to the other of such intention ; each of the high contracting parties reserv- 
 ing to itself the right of giving such notice to the other at any time after 
 the expiration of ^e said first day of January, 1858. 
 
 Article V. 
 
 The present convention shall be ratified by the President, by and with 
 the advice and consent of the Senate of the United States, and by His Maj- 
 esty the Emperor of Austria, and the ratifications shall be exchanged at 
 Washington within six months from the date hereof, or sooner if ])os- 
 sible. 
 
 In faith whereof the respective Plenipotentiaries have signed this con- 
 vention and have hereunto affixed their seals. 
 
 Done in duplicate at Washington, the third day of July, in the year of 
 our Lord one thousand eight hundred and fifty-six, and of the Indej)end- 
 ence of the United States the eightieth. 
 
 [seal.] W. L. Marcy. 
 
 [seal.] _ HtJLSEMANN.
 
 EXTEADITIOX. 23 
 
 BADEN. 
 
 Concluded January 30, 1857 ; Ilatificaiions exchanged at Berlin April 21, 1857 ; 
 
 Proclaimed May 19, 1857. 
 
 Whereas it is found expedieiit, for the better admiuistratioo of justice 
 and the preveutlou of crime ^\'ithin the territories and jurisdiction of the 
 parties, respectively, that persons committing certain, heinous crimes, be- 
 ing fugitives from justice, should, under certain circumstances, be recipro- 
 cally delivered up; and also to enumerate such crimes explicitly; and 
 ■whereas the laws and coustitutiou of Baden do not allow its Government 
 to surrender its own citizens to a foreign jurisdiction, the Government of 
 the United States, with a view of making the convention strictly recipro- 
 cal, shall be held equally free from any obligation to surrender citizens of 
 the United States ; therefore, on the one ^lart the United States of America, 
 and on the other part His Koyal Highness the Grand Duke of Baden, bav- 
 in;.^ resolved to treat on this subject, have, for that purpose, appointed 
 their respective Plenipotentiaries to negotiate and conclude a convention ; 
 that is to say • 
 
 The President of the United States of America, Peter D. Vroom, Envoy 
 Extraordinary and Minister Plenipotentiary of the United States at the 
 Court of the Kingdom of Prussia ; and His Royal Highness the Grand Duke 
 of Baden, Adolph, Baron Marschall de Biebei stein. His said Royal High- 
 ness's Envoy Extraordinary and Minister Plenipotentiary at the Court of 
 His Majesty the Iwng of Prussia, &c., &c., &c. ; 
 
 Who, after reciprocal communication of their respective powers, have 
 agreed to and signed the following articles: 
 
 Articlk I. 
 
 It is agreed that the United States and Baden shall, upon mutual requi- 
 sitions by them, or their ministers, officers, or authorities, respectively 
 made, deliver up to justice all persons who, being charged with the crime 
 of murder, or assault with intent to commit murder, or piracy, or arson, or 
 robbery, or forgery, or the fabrication or circulation of counterfeit money, 
 whelhi r coin or ]iaiier money, or the cmbezzlemctit of public moneys, com- 
 mitted witliin the jurisdiction of eilluir party, shall seek an asylum, ov 
 shall be found within the territories of the otlier: I'rovided, That this shall 
 only be done u])on su<'h <'\i(l(!nce of crimiiiiility as, a<"coi(ling to lln^ laws 
 of the jdacc wlicie the fugitive or jierson so cliargcid shall be fouiul, would 
 justify his appnihension and commitment for trial, if the crime or oflenso 
 had there Ijecn committr-d ; and the respective judges and other magis- 
 trates of the twofJovcrnmcnts shall have power, jurisdiction, and author- 
 ity, upon cojnplaint made under oath, to issue a warrant for the aitpn-licn- 
 sion of the fugitive or person so charged, that ho may bo brouiiht before 
 sucli jndnfrs or other magistrates, rcspcrlivi^ly, to tho end that the evidence 
 of criminalty may be heard and considered; and if, on such hearing, the 
 evidence bo deemed sufiQcicnt to sustain the charge, it shall bo the duty of
 
 24 EXTEADITION. 
 
 the examining judge or magistrate to certify the same to the proper ex- 
 ecutive authority, that a warrant may issue for the surrender of such fugi- 
 tive. 
 
 The expense of such apprehension and delivery shall be borne and de- 
 frayed by the party who makes the requisition and receives the fugitive. 
 
 Nothing in this article contained shall be construed to extend to crimes 
 of a political character. 
 
 Article II. 
 
 Neither of the contracting parties shall be bound to deliver up its own 
 citizens or subjects under the stipulations of this convention. 
 
 Article III. 
 
 Whenever any person accused of any of the crimes enumerated in this 
 convention shall have committed a new crime in the territories of the 
 State where he has sought an asylum or shall be found, such person shall 
 not be delivered up under the stipulations of this convention until he shall 
 have been tried, and shall have received the punishment due to such new 
 crime, or shall have been acquitted thereof. 
 
 / Article IV. 
 
 The present convention shall continue in force until the first of January ,^ 
 one thousand eight hundred and sixty ; and if neither party shall have 
 given to the other six months' i)revious notice of its intention then to ter- 
 minate the same, it shall further remain in force until the end of twelve 
 months after either of the high contracting parties shall have given notice 
 to the other of such ^itention ; each of the high contracting parties reserv- 
 ing to itself the right of giving such notice to the other at any time after 
 the expiration of the said first day of January, one thousand eight hun- 
 dred and sixty. 
 
 Article V. 
 
 The present convention shall be ratified by the President, by and with 
 the advice and consent of the Senate of the United States, and by the 
 Government of Baden ; and the ratifications shall be exchanged in Berlin 
 within one year from the date hereof, or sooner if possible. 
 
 In faith whereof the respective Plenipotentiaries have signed this con- 
 vention, and have hereunto affixed their seals. 
 
 Done in duplicate, at Berlin, the thirtieth day of January, ouo thousand 
 eight hundred and fifty-seven, and the eighty-first year of the independ- 
 ence of the United States. 
 
 [seal.] p. D. Vroom. 
 
 [seal.] Adolph bae. Marschall de Bieberstein.
 
 EXTRADITION. ' 25 
 
 BAVARIA. 
 
 Concluded September 12, 1853; Ratifications exchanged at London Novtmber 1, 
 1854 ; Proclaimed November 18, 1854. 
 
 The United States of America and His Majesty tLe King of Bavaria, act- 
 uated by an equal desire to further the administration of justice, and to 
 prevent the commission of crimes in their respective countries, taking into 
 consideration that the increased means of communication between Europe 
 and America facilitate the escape of, otienders, and that, consequently, pro- 
 vision ought to be made in order that the ends of justice shall not be de- 
 feated, have determined to conclude an arrangement destined to regulate 
 the course to be observed in all cases with reference to the extradition of 
 such individuals as, having committed any of the offenses hereafter enu- 
 merated, in one country, shall have taken refuge within the territories of 
 the other. The constitution and laws of Bavaria, however, not allowing 
 the Bavarian Government to surrender their own subjects for trial before 
 a foreign court of justice, a strict reciprocity requires that the Govern- 
 ment of the United .States shall be held equally free from any obligation 
 to surrender citizens of the United States. For which purposes the high 
 contracting powers have appointed as their Plenipotentiaries: 
 
 The President of the United States, James Buchanan, Envoy Extraordi- 
 nary and Minister Plenipotentiary of the United States at the Court of tho 
 United Kingdom of Great Britain and Ireland ; His Majesty the King of 
 Bavaria, Augustus Baron de Cetto, his said Majesty's Chamberlain, Envoy 
 Extraordinary and Minister Plenipotentiary at the Court of Her Majesty 
 the Queen of the United Kingdom of Great Britain and Ireland, Knight 
 Commander of the Order for Merit of the Bavarian Crown and of the Order 
 for Merit of St. Michael, Knight Grand Cross of the Royal Grecian Order 
 of our Saviour ; 
 
 Who, after reciprocal communication of their respective full powers, 
 found in good and due form, have agreed to the following articles : 
 
 AKTI<r,F, I. 
 
 The Government of tho United Sliitrs and the Bavarian Governmont 
 promise and engage, upon mutual re(inisitions by them or thiiv ministers, 
 oflicers or authorities, re.spectivcriy made, to deliver uji to jiiNti<T all per- 
 sons who, being charged with the crime of murder, or assault with intent 
 to commit iiiurder, or piracy, or arson, or robbery, oi- forgery, or the utter- 
 aucoof forged pajjers, or the fabrication or ciriuialion of ((MMiterreit money, 
 whether coin or ])aper money, or the embezzlement of public moneyM, com- 
 mitted within the jurisdiction of eitlicM- i)arty, shall seek an .asylum, or 
 shall be found within the territories of the olln-r: I'rovidrd, That thisslijill 
 only be done upon snch evidence of uriminality as, according to the laws 
 of the place where the fugitive or person so charged shall lie found, would 
 justify his apjirehcnsioM ami comniitnient for trial, if the crime or <il1'cnHo 
 had there been committed; au<l the respective ju(lg<;s and other niJigis- 
 trates of the two Governmcnta shall have power, jurisdiction and authority/
 
 26 EXTRADITION. 
 
 upon complaint made under oath, to issue a warrant for the apprehension 
 of the fugitive or person so charged, that he may be brought before such 
 judges or other nuigistrates respectively, to the end that the evidence of 
 crimiuality may be heard and considered ; and if, on such hearing, the evi- 
 dence be deemed sufficient to sustain tlie charge, it shall be the duty of the 
 examiuing judge or magistrate to certify the same to the proper executive 
 authority, that a warrant may issue for the surrender of such fugitive. 
 
 The expense of such apprehension and delivery shall be borne and de- 
 frayed by the party who makes the requisition and receives the fugitive. 
 
 Article II. 
 
 The stipulations of this convention shall be applied to any other State 
 of the German Confederation which may hereafter declare its accession 
 thereto. 
 
 Article III. 
 
 None of the contracting parties shall be bound to deliver up its own citi- 
 zens or subjects under the stipulations of this convention. 
 
 Article IV. 
 
 Whenever any person, accused of any of the crimes enumerated in this 
 convention, shall have committed a new crime in the territories of the 
 State where he has sought an asylum or shall be found, such person shall 
 not be delivered up under the stipulations of this convention until he shall 
 have been tried and shall have received the punishment due to such new 
 crime, or shall have been acquitted thereof. 
 
 ARTICLb V. 
 
 The present convention shall continue in force until the first of Jan- 
 nary, one thousand eight hundred and fifty-eight ; and if neither party 
 shall have given to the other sis months' previous notice of its intention 
 then to terminate the same, it shall further remain in force until the end of 
 twelve months after either of the high contracting parties shall have given 
 notice to the other of such intention ; each of the high contracting parties 
 reserving to itself the right of giving such notice to the other at any time 
 after the expiration of the said first day of January, one thousand eight 
 hundi'ed and fifty-eight. 
 
 Article VI. 
 
 The present convention shall be ratified by the President, by and with 
 the advice and consent of the Senate of the United States, and by the Gov- 
 ernment of Bavaria, and the ratifications shall be exchanged in London 
 within fifteen months from the date hereof, or sooner if possible. 
 
 In faith whereof the respective Plenipotentiaries have, signed this con- 
 vention and have hereunto aflixed their seals. 
 
 Done in duplicate, in London, the twelfth day of September, one thou- 
 sand eight hundred and fifty-three, and the seventy-eighth year of the 
 independence of the United States. 
 
 [seal] James Buchanan. 
 
 [seal.] a. de Cetto.
 
 EXTRADITION. 27 
 
 BELGIUM. 
 
 Concluded March 19, 1874 ; Rai'tficattom exchanged at Brussels April 30, 1874; 
 
 Proclaimed Alaij 1, 1874. 
 
 The United States of America and His Majesty the King of the Belgians 
 having judged it expedient frith a view to the better admiuistration of jus- 
 tice, and to the prevention of crimes within their respective territories and 
 jurisdiction that persons convicted of, or charged with, the crimes hereinaf- 
 ter specified, and being fugitives from justice should, under certain circum- 
 stances, be reciprocally delivered up, have resolved to conclude a conven- 
 tion for that purpose, and have appointed as their Plenipotentiaries : the 
 President of the United States of America, Hamilton Fish, Secretary of State 
 of the United States; and His Majesty 'the King of the Belgians, Maurice 
 Delfosse, His Majesty's Envoy Extraordinary and Minister Plenipotentiary 
 in the United States, who after reciprocal communication of their full 
 powers, found in good and due form, have agreed upon the following arti- 
 cles, to wit : 
 
 Article I. 
 
 The Go%-ernment of the United States and the Government of Belgium 
 mutually agree to deliver up persons, who having been convicted of, or 
 charged with any of the crimes specilied in the following Article, committeil 
 within the jurisdiction of one of the contracting parties, shall seek an asy- 
 lum, or be found within the territories of the other: Provided that this 
 shall only be done ui»on such evidence of criminality as according to the 
 laws of the ])lace where the fugitive or person so charged shall be found, 
 would justify his or her apprehension and commitment for trial, if the crime 
 had been there committed. 
 
 Akticlr II. 
 
 « 
 
 •Persons shall be delivered up who shall have been convicted of or bo 
 charged, according to the provisions of this Convention, with any of th(^ 
 following crimes: 
 
 1. Murder, comprehending the crimes designated in the Belgian penal- 
 code by the terms of jiarricide, assassination, pmsoiiing and infanticide. 
 
 2. The attempt to commit murder. 
 
 :i. The crimes of rape, arson, piracy and mutiny on board a ship, when- 
 ever the crew or part lliereof, by fraud or violence against the commander, 
 have taken iiosHcssjon oCtho vessel. 
 
 4. The crime, of burglary, defined to bo the act of breaking and entering 
 by. night into the house of another witli tlie intent to commit felony : and 
 the crime of robbery, dcfmi'd to be the act of feloniously and forcibly tak- 
 ing from the ])er8on of anotliiT, gorxls or nutncy by violence or ]iultiiig liiiu 
 in fear, and the corresponding crimes punisliod by the Belgian laws under 
 the description of thefts committed in an inhabited house by night, and by
 
 28 EXTRADITION. 
 
 breaking in by climbing or forcibly; and thefts committed witb violence 
 or by means of threats. 
 
 5. Tlie crime of forgcuy, by which is understood the utterance of forged 
 papers, and also the counterfeiting of public, sovereign or government 
 acts. 
 
 6. The fabrication or circulation of counterfeit money either coin or 
 l^aper, or of counterfeit public bonds, bank notes, obligations or, in general, 
 anything being a title or instrument of credit ; the counterfeiting of seals, 
 dies, stamjjs and marks of state and public administrations, and the utter- 
 ance thereof. 
 
 7. The embezzlement of public moneys committed within the jurisdiction 
 of either party by public officers or depositaries. 
 
 8. Embezzlement by any person or persons, hired or salaried, to the detri- 
 ment of their employers when the crime is subject to punishment by the 
 laws of the place where it was committed. 
 
 AUTICLE III. 
 
 The provisions of this treaty shall not apj>ly to any crime or offence of a 
 political character nor to any crime or offence committed jjrior to the date 
 of this treaty, except the crimes of murder and arsou, and the person or 
 persons delivered up for the crimes enumerated in the preceding article shall 
 in no case be tried for any crime committed previously to that for which 
 his or their surrender is asked. 
 
 Article IV. 
 
 Neither of the contracting parties shall be bound to deliver up its own 
 citizens or subjects under the stipulations of this Convention. 
 
 Article V. 
 
 If the person whose surrender may be claimed pursuant to the stipula- 
 tions of the present treaty shall have been arrested for the commission rtf 
 offences in the country where he has sought an asylum, or shall have been 
 convicted thereof, his extradition, may be deferred until he shall have been 
 acquitted, or have served the term of imprisonment to which he may have 
 been sentenced. 
 
 Article VI. 
 
 Eequisitions for the surrender of fugitives from justice shall be made by 
 the respective diplomatic agents of the contracting parties, or, in the event 
 of the absence of these from the country or its seat of government, they 
 may be made by superior consular officers. 
 
 If the person whose extradition may be asked for shall have been con- 
 victed of a crime, a copy of the sentence of the court iu which he may have 
 been convicted, authenticated under its seal, and an attestation of the offi- 
 cial character of the judge by the proper executive authority, and of the 
 latter by the Minister or Consul of the United States or of Belgium, respect- 
 ively, shall accompany the requisition. When, however, the fugitive 
 shall have been merely charged with crimej a duly anthenticated copy of
 
 EXTBADITIOX. 29 
 
 the warrant for his arrest iu the country where the crime may have been 
 committed and of the depositions upon which such warrant may have been 
 issued, must accompany the requisition as aforesaid. The President of the 
 United States, or the proper executive authority in Belgium, may then is- 
 sue a warrant for the apprehension of the fugitive, in order that he may 
 be brought before the proper judicial authority for examination. If it 
 shouW then be decided that, according to the hiw and the evidence, the 
 extradition is due pursuant to the treaty, the fugitive may be given up ac- 
 cording to the forms prescribed in such cases. 
 
 Article VII. 
 
 The expenses of the arrest, detention and transportation of the persons 
 claimed shall be paid by the government in whose name the requisition 
 has been made. 
 
 AUTICLE VIII. 
 
 This Convention shall take effect twenty days after the day of the date 
 of the exchange of ratifications, and shall continue in force during live 
 years from the day of such exchange ; but if neither party shall have given 
 to the other six months' previous notice of its intention to terminate the 
 same, the Convention shall remain in force five years longer, and so on. 
 
 The present Convention shall be ratified, and the ratifications exchanged 
 at Brussels so soou thereafter as possible. 
 
 In witness whereof the respective Plenipotentiaries have signed the pres- 
 ent Convention in duxdicate, and have thereunto affixed their seals. 
 
 Done at the city of Washington, the 19th day of March, Anno Domini 
 one thousand eight hundred and seventy-four. 
 
 [SKAL.] . HaMILTOX FiSIC. 
 
 [seal.] Maukick Dklkosse. 
 
 Concluded June 113, 1882; Hulificalions cxcluiufjvd at Jf'anhlugtoii Xovember IS, 
 1882; rioclaUmd November 20, 1882. 
 
 The United States of America and his Majesty the King of the Belgians, 
 b.avingjiidgeditexpediciit witha view to the better ad ministration of just ice 
 and the [irevcrition of crime within th<:ir respc^ctive territoriesaiid jinisdic- 
 tions, that persons charged with or convicted of the crimes and ofVenoos 
 hereinafter (!inim«:rate,(l, and being fiigitivi'S from jiisficr, Hlu)n]il, iindi'i- 
 curtain circumstances, ij(! recijuocaily delivered up, have resolved to con- 
 clude a new Convention for that purpose, and have appointed, as their 
 Plenipotentiaries: the Pn'sidciit of Hie United States, Frederick T. Froling- 
 liuysen, Secnttary of State of tln^ United States ; and His Majesty the King 
 of the Belgians, Mr. Th(/odore do Bwunder de MeIsl)roeck, Commander of 
 His Order of Le(»pold, etc., etc., His Envoy Extraordinary and Minister 
 Plenipotentiary near the fJovcrnnicnl of Ihe rnitcd States; who, after
 
 30 EXTRADITION. 
 
 having communicated to each other their respective full powers found in 
 good aud due form, have agreed upon and concluded the following articles: 
 
 Article I. 
 
 The Government of the United States and the Government of Belgium, 
 mutually agree to deliver up persons who, having been charged, as i^rin- 
 cipals or accessories, with or convicted of any of the crimes aud offences 
 specihed in the following article, committed within the jurisdiction of one 
 of the contracting parties, shall seek an asylum, or be found within the 
 territories of the other : Provided that this shall only be done upon such 
 evidence of criminality as, according to the laws of the place where the 
 fugitive or person so charged shall be found, would justify his or her ap- 
 prehension aud commitment for trial if the crime had been there com- 
 mitted. 
 
 Article II. 
 
 Persons shall be delivered up who shall have been convicted of or be 
 charged, according to the provisions of this convention, with any of the 
 following crimes : 
 
 1. Murder, comprehending the crimes designated in the Belgian penal 
 code, by the terms of parricide, assassination, poisoning and infanticide. 
 
 2. The attempt to commit murder. 
 
 3. Rape, or attempt to commit rap«. Bigamy. Abortion. 
 
 4. Arson. 
 
 5. Piracy or mutiny on shipboard whenever the crew, or part thereof, 
 shall have taken possession of the vessel by fraud or by violence against 
 the commander. 
 
 6. The crime of burglary, defined to be the act of breaking and entering 
 by night into the house of another with the intent to commit felony ; and 
 the crime of robbery, defined to be the act of feloniously and forcibly tak- 
 ing from the person of another money or goods by violence or putting him 
 in fear ; and the corresponding crimes punished by the Belgian laws under 
 the description of thefts committed in an inhabited house by night, and 
 by breaking in by climbing or forcibly, aud thefts committed with violence 
 or by means of threats. 
 
 7. The crime of forgery, by which is understood the utterance of forged 
 papers, and also the counterfeiting of public, sovereign or governmental 
 acts. 
 
 8. The fabrication or circulation of counterfeit money, either coin or 
 paper, or of counterfeit public bonds, coupons of the public debt, bank- 
 notes, obligations, or in general, anything being a title or instrument of 
 credit; the counterfeiting of seals and dies, impressions, stamps and marks 
 of state and public administrations, and the utterance thereof. 
 
 9. The embezzlement of public moneys committed within the jurisdiction 
 of either party by public officers or depositaries. 
 
 10. Embezzlement by any person or persons, hired or salaried, to the 
 detriment of their employers, when the crime is subject to punishment by 
 the laws of the place where it was committed. 
 
 11. Willful and unlawful destruction or obstruction of railroads which 
 endangers human life.
 
 EXTRADITION. 3 1 
 
 12. Reception of articles obtained by means of one of the ciimes or 
 offences provided for by tbe present convention. 
 
 Extradition may also be granted for tbe attempt to commit any of tbe 
 crimes above enumerated wben sucb attempt is iniuishable by tbe laws of 
 botb contracting parties. 
 
 Article III. 
 
 A person surrendered under tbis convention, sball not be tried or punisbcd 
 in tbe country to wbicb bis extradition bas been granted, nor given up 
 to a tbird power for a crime oV offence, not provided for by tbe present con- 
 vention and committed previously to bis extradition, nntil be sball bave 
 been allowed one moutb to leave tbe country after baving been discbarged; 
 and, if be sball have been tried and condemned to punisbment, be shall 
 be allowed one month after having suffered his penalty or having been par- 
 doned. 
 
 He sball moreover not be tried or punished for any crime or offence pro- 
 vided for by tbis convention committed iirevious to his extradition, other 
 than that wbit-b gavei'iseto the extradition, without tbe consent of the 
 Government wbicb surrendered him, which may, if it think proiier, require' 
 tbe production of one of the documents mentioned in Article 7 of this con- 
 vention. 
 
 Tbe consent of that Government shall likewise be re(iuired for the extra- 
 dition of tbe accused to a tbird country ; nevertheless such consent sball 
 not be necessary when the accused shall have asked of bis own accord to be 
 tried or to undergo bis punishment, or when bo shall not bave left within 
 tbe space of time above specilied the territory of tbe country to which ho 
 has been surrendered. 
 
 Article IV. 
 
 The provisions of this convention shall not bo applicable to persousgu:lty 
 of any jiolitical crime or offence or of one connected with such a crime or 
 offence. A person who bas been surrendered on account of oue of the 
 common crimes or offences mentioned in Article II., shall conseciueutly in 
 no case be prosecuted and punished in the state to wbicb his cxlraditioii 
 has been granted on account of a political crime or ollence committed by 
 him jucviously to bis extradition or on accou. t of an act couuccted witii 
 sucb a iiolili) al crinur or otl'eiicc, unless li<^ bas been at liberty to icavt^ lln- 
 country for oue mouth after baving boon tried and, in case of (^oudcmnntiou, 
 for one moutb after having sud'ered his ])uuiHbm<'ut or having been par- 
 «loued. 
 
 An attemjitagainst tbolif»!of the bead of a fonugu govornment, or against 
 that of any member of his family wluui suirb attempt comprises llie art 
 either of murder or assaHsinatiim, or of poisoning, shall not be considered 
 a political ollVuce or an act connected with sucb an olleiice. 
 
 AuricLE V. 
 
 Neither of tbe contracting parties sball b(> bound to deliver up its own 
 citizens or fiubjects under tbe stipulaticnis of tliis convention.
 
 32 EXTRADITION. 
 
 Article VI. 
 
 If Ibe person whoso surrender may be claimed pursuant to the stipula- 
 
 tious of the present treaty shall have been arrested for the commission of 
 
 offences in the country where he lias sought an asylum, or shall have been 
 
 convicted thereof, his extradition may be deferred until he shall have been 
 
 acquitted, or have served the term of imprisonment to which he may havo 
 
 been sentenced. 
 
 AnxiCLE VII. 
 
 Requisitions for the surrender of fugifives'from justice shall be made by 
 the respective diplomatic agents of the contracting parties, or, in the event 
 of the absence of these from the country or its seat of government, they 
 may be made by superior consular officers. 
 
 If the person whose extradition may be asked for shall have been con- 
 victed of a crime or ofi'ence, a copy of the sentence of the court in which he 
 may have been convicted, authenticated under its seal, and attestation of 
 the official character of tbe judge by the proper executive authority, and of 
 the latter by the minister or consul of the United States or of Belgium, re- 
 spectively, shall accompany the requisition. When, however, the fugitive 
 shall have been merely charged with crime, a duly authenticated copy of 
 the warrant for his arrest in the country where the crime may have been 
 committed, aud of the depositions upon which such warrant maj- have been 
 issued, must accompany the requisition as aforesaid. 
 
 The President of the United States, or the proper executive authority in 
 Belgium, may then issue a warrant for the apprehension of the fugitive, in 
 order that he may be brought before the proper ju-licial authority for ex- 
 amination. If it should then be decided that, according to the law and 
 the evidence, the extradition is due pursuant to the treaty, the fugitive 
 may be given up according to the forms prescribed in such cases. 
 
 Article VIII. 
 
 The expenses of the arrest, detention and transportation of the persons 
 
 claimed shall be paid by the government in whose name the requisition has 
 
 been made. 
 
 Article IX. 
 
 Extradition shall not be granted, in pursuance of the provisions of this 
 convention, if legal proceedings or the enforcement of the penalty for the 
 act committed by the person claimed, has become barred by limitation, ac- 
 cording to the laws of the country to which the requisition is addressed. 
 
 Article X. 
 
 All articles found in the possession of the accused party and obtained 
 through the commission of the act with which he is charged, or that may 
 be used as evidence of the crime for which his extradition is demanded, 
 shall be seized if the competent authority shall so order, and shall be sur- 
 rendered with his person. 
 
 The rights of third parties to the articles so fouud shall nevertheless be 
 respected.
 
 EXTRADITION. 33 
 
 Article XI. 
 
 The present convention shall take eftect thirty days after the exchange 
 of ratifications. 
 
 After it shall have taken eifect, the convention of March 19, 1874, shall 
 cease to be in force and shall be superseded by the present convention 
 which shall continue to have bindinj^ force for six months after a desire for 
 its termination shall have been expressed in due form by one of the two 
 governments to the other. 
 
 It shall be ratified and its ratifications shall be exchanged at Washington 
 as soon as possible. 
 
 In witness whereof, the respective Plenipotentiaries have signed the above 
 articles, both in the English and French languages, and they have thereunto 
 afiixed their seals. 
 
 Done in duplicate, at the city of Washington, this thirteenth day of 
 June, 18.^-2. 
 
 [seal.] Fredk. T. Frelixghuysen'. 
 
 [seal.] Thke. de Bounder de Melsbroeck. 
 
 BRE3IEX. 
 
 Concluded September 6, 1853 ; Ratificatiom exchanged at Waahington Ocioher 
 14, 1853 ; Proclaimed October 15, 1853. 
 
 [Translation.] 
 
 Whereas a Convention forthe mutual delivery of criminals f ugitive.-* from 
 justic<>, in certain cases, between Prussia and other states of the Germanic 
 Confederation, on the one part, and the Uuited States of North America on 
 the other part, was concluded at Washington, on the 16th June, 185*2, by 
 the Plenipotentiaries of the contracting parties, and was subseqncutly duly 
 ratified on tin- part of the contracting governments; and whereas, jmrsii- 
 ant to the second article of the said convention, the United States have 
 agreed that thestipuiationsof said convention sliall be apjilied !o any other 
 .State of the Germanic Confederation which might Hulise(iuently declare its 
 accession thereto: Therefore the Senate of the free Hanseatic city of Bre- 
 men accordingly hcn-by declares their accession to the said convention of 
 the si.vteenth June, lr*'>'.>, wiiicli is literally as follows: 
 
 [A copy of the convention of the sixteenth of Juno, 18.5'.>, between tiie 
 United States and Prussia and other Germanic States is hero inserted :] 
 
 And hereby ex]>n!Hsly pirmiises that all and every one of the articles ami 
 jiro visions containe<l in tlu^said convention Hhall he laiihlnlly observed and 
 executed within the dominion of the free IhiiiHeatic city of Bremen. 
 
 In faith whereof the Presidentof the Senate has executed thejiresent dec- 
 laration of accession, and has caused the gn'at seal of Bremen t" 1>e ndixed 
 to th<: same. 
 
 Done at Bremi-n the sixth day of September, eighteen hnndrerl an<l fifty- 
 three. 
 
 The President of the Senate, 
 
 [seal.] Smidt 
 
 Brkims. 
 
 Sicreinrij. 
 
 S. E."v. 65 .}
 
 34 EXTRADITION. 
 
 DOMINICAN REPUBLIC. 
 
 Concluded Fehruarij 8, 1867 ; Ratification exchanged at Santo Domingo October 
 5, 1867 ; Proclaimed October 24, 1867. 
 
 Article XXVII. 
 
 The United States of America and tbe Dominican Republic, on requisitions 
 made in their name through the medium of their respective Diplomatic 
 and Consular agents, shall deliver up to justice persons who, being charged 
 with the crimes enumerated iu the following article, committed within the 
 jurisdiction of the requiring party, shall seek asylum, or shall be found 
 within the territories of the other : Provided, That this shall be done only 
 when the fact of the commission of the crime shall be so established as to 
 justify their apprehension and commitment for trial, if the crime had been 
 committed in the country where the loersons so accused shall be found ; iu 
 all of which the tribunals of said country shall proceed and decide accord- 
 ing to their own laws. 
 
 Article XXVIII. 
 
 Persons shall be delivered up according to the provisions of this conven- 
 tion, who shall be charged with any of the following crimes, to wit: Mur- 
 der, (including assassination, parricide, infanticide, and poisoning;) at- 
 tempt to commit murder; rape; forgery; the counterfeiting of money; 
 arson; robbery with violence, intimidation, or forcible entry of an inhab- 
 ited house ; piracy ; embezzlement by iiublic officers, or by persons hired 
 or salaried, to the detriment of their employers, when these crimes are sub- 
 ject to infamous punishment. 
 
 Article XXIX. 
 
 On the part of each country the surrender shall be made only by the au- 
 thority of the Executive thereof. The expenses of detention and delivery, 
 effected in virtue of the preceding articles, shall be at the cost of the party 
 making the demand. 
 
 Article XXX. 
 
 The provisions of the foregoing articles relating to the surrender of fugi- 
 tive criminals. shall not apply to offences committed before the date here- 
 of, nor to those of a political character. 
 
 ECUADOR. 
 
 Concluded June 28, 1872 ; Patifications exchanged at Quito November 12, 1873; 
 
 Proclaimed December 24, 1873. 
 
 The United States of America and the Republic of Equador having 
 deemed it conducive to the better administration of justice and the preven- 
 tion of crime within their respective territories, that all persons convicted 
 of, or accused of the crimes enumerated below, being fugitives from justice, 
 shall be, under certain circumstances reciprocally delivered up, have re-
 
 EXTEADIT10¥. 35 
 
 eolved to coacltule a treaty upon the subject, and the President of the 
 United States has for this purpose uanied Rumsey Wing, a citizen of the 
 United States, and their Minister Eesidf nt in Ecuador, as Plenipotentiary 
 on the part of the United States ; and the President of Ecuador has named 
 Francisco Tavier Leon, Minister of the Interior and of Foreign Affairs, as 
 Plenipotentiary on the part of Ecuador ; -who having reciprocally commu- 
 nicated their full powers, and the same having been found in good and due 
 form, have agreed UT)on the following articles, viz: 
 
 Akticle I. 
 
 The Government of the United States, and the Government of Ecuador 
 mutually agree to deliver up such persons as may have been convicted of, 
 or may be accused of the crimes set forth in the following article, commit- 
 ted within the jurisdiction of one of the contracting parties, and who may 
 have sought refuge, or be found within the Territory of the other : it being 
 understood that this is only to be done when the crinunality shall be proved 
 in such manner that according to the laws of the country, where the fugi- 
 tive or accused may be found such persons might be lawfully arrested and 
 tried, had the crime been committed within its jurisdiction. 
 
 Article II. 
 
 Persons convicted of or accused of any of the following crimes shall be de- 
 livered up, in accordance with the provisions of this Treaty. 
 
 Ist. Murder, including assassination, parricide, infanticide and poison- 
 ing. 
 
 •2nd. Thecrimeof rape, arson, piracy, and mutiny on ship-board when the 
 crew or a part thereof, by fraud or violence against the commanding olilicer 
 have taken possession of the vessel. 
 
 3rd. The crime of Iturglary, this being understood as the act of breaking or 
 forcing an entrance into another's house with intent to commit any crime, 
 and the crime of robbery, this being defined as tlie act of taking from the 
 person of another, goods or money with criminal intent, using violence or 
 intimidations. 
 
 4th. The crime of forgery: which is nnderstood to be the wilful use or 
 circulation of forged papers or public documents. 
 
 5th. The fabrication or circulation of counterfeit money, either coin or 
 jiaper, of public bonds, bank bills and securiti«-H, and in general of any kind 
 of tith'stoor instruincnts of credit, the counterfeiting of staujps, dies, seals 
 and marks of the State, and of the administrative autliorities, and the sale 
 or <-ircnIat ion thereof, 
 
 Gtli. Kmbezzltrmentof public property, committed within the jurisdiction 
 of either party by public odicers «)r depositaries. 
 
 Anxici-E III. 
 
 The stipulations of this trcjity sball not be applicable to criim-H or of- 
 fences rjf a pfditical character ; and the person or persons delivered up 
 charged with the crimes specilied in th*' foregnlng article shall not be jiros- 
 ecnted for any crime committed jirevionsly to that fi>r \vlii<li I'- ■•' 'heir 
 extratlition may bo awkcd.
 
 36 EXTRADITION. 
 
 Article IV. 
 
 If the person whose extradition may have been applied for in accordance 
 with the stipulations of the present treaty, shall have been arrested for of- 
 fences coiumitted in the country where he has sought refuge, or if he shall 
 have been sentenced therefor, his extradition may be deferred until his ac- 
 quittal, or the expiration of the term for which, he shall have been sen- 
 
 tencod. 
 
 Article V. 
 
 Requisitions for the extradition of fugitives from justice shall be made 
 by the respective diplomatic agents of the contracting parties, or in case 
 of the absence of these from the country or its capital, they may be made 
 by superior Consular ofiQcers. If the person whose extradition is asked 
 for shall have bed convicted of a crime, the requisition must be accom- 
 panied by a copy of the sentence of the Court that has convicted him, au- 
 thenticated under its seal, and an attestation of the official character of 
 the judge who has signed it, made by the proper executive authority ; also 
 by an authentication of the latter by the Minister or Consul of the United 
 States or Eqnador respectively. On the contrary however, when the fugi- 
 tive is merely charged with crime, a duly authenticated copy of the war- 
 rant for his arrest in the country where the crime has been committed, and 
 of any evidence in writing upon which such warrant may have been is- 
 sued, must accompany the aforesaid requisition. The President of the 
 United States or the proper executive authority of Ecuador, may then or- 
 der the arrest of the fugitive, in order that he may be brought before the 
 judicial authority, which is competent to examine the question of extradi- 
 tion. 
 
 If, theu, according to the evidence and the law, it be decided that the 
 extradition is due in conformity with this treaty, the fugitive shall be de- 
 livered up, according to the forms prescribed in sach cases. 
 
 Article VI. 
 
 The expenses of the arrest, detention and transportation of persons 
 claimed, shall be paid by the Government in whose name the requisition 
 shall have been made. 
 
 Article VII. 
 
 This treaty shall continue in force for ten years from the day of the ex- 
 change of ratifications, but in case neither party shall have given to the 
 other one year's previous notice of its intention to terminate the same, then 
 this treaty shall continue in force for ten years longer, and so on. 
 
 The present treaty shall be ratified, and the ratifications exchanged in 
 the Capital of Ecuador, within two months from the day on which the ses- 
 sion of the coming Congress of Ecuador shall terminate, which will be in 
 October, 1873. 
 
 In testimony whereof the respective Plenipotentiaries have signed the 
 present treaty in dui^licate, and have hereunto affixed their seals. 
 
 Done in the city of Quito, Capital of the Republic of Ecuador, this 
 twenty-eighth day of June one thousand eight hundred and seventy-two. 
 
 [seal.] Rumsey Wing. 
 
 [SEAX.] Francisco Tavier Leon.
 
 EXTRADITION. 37 
 
 FRAXCE. 
 
 Concluded Xovemier 9, 1843; Eatifications exclianged at JVasMngton Ap7-ill2, 
 1844; Proclaimed April 13, 1844. 
 
 The United States of America and His Majesty the King of the French 
 having judged it expedient, -with a view to the better administration of 
 jnstifo, and to the prevention of crime within their respective territories 
 and jiirisdicrioiis, that persons charged with the crimen hereinafter enu- 
 merated, :nid lieing fugitives from justice, should, under certain circum- 
 stances, be reciprocally delivered np, the said United States of America and 
 His Miijcsry the King of the French have named as their Plenipotentiaries 
 to conclude a convention for this purpose : 
 
 That is to say, the President of the United States of America, Abel P. Up- 
 ehur, Secretary of State of the United States, and His Majesty the King of the 
 French, the Sieur Pageot, officer of the Koyal Order of the Legion of Honor, 
 his Minister Plenipotentiary, ad interim, in the United States of America; 
 
 Who, after having communicated to each other their respective full pow- 
 ers, found in good and due form, have agreed upon and concluded the fol- 
 lowing articles: 
 
 Article I. 
 
 It is agreed that the high contracting parties shall, on requisitions made 
 • in their name, through the medium of their respective diplomatic agents, 
 deliver up to justice persons who, being accused of the crimea enumerated 
 in the next following article, committed within the jurisdiction of the re- 
 quiring party, shall seek an asylum, or shall be found within the territories 
 of the other : Provided, That this shall be done only when the fact of the 
 conimiHsion of the crime shall bo so established as that the laws of the 
 country in whieli the fugitive or the person no accused shall be found would 
 ju«iify his or her apiireheusiou and coniniittnit;nt for trial, if the crime had 
 been there committed. 
 
 Akticlk II. 
 
 Persons shall be so delivered up who shall be, chargfd, according to the 
 provisions of this convention, with any of tho following crimes, to wit: 
 Murder, (comprehending the crimes designated in the French penal code by 
 thf terms, assassination, parricifh-, infanticide and poisoning,) (U- with an 
 attempt to commit murder, or with rape, or with forgery, or with arson, or 
 with embiz/lcinent by public odicors, when tho sauio is punishable with 
 infamous punishment. 
 
 AiniCT>B III. 
 
 On the part of tho French Government, the surrender sliall bo made only 
 by authority of the Keeper of the Seals, Minister of .Justice ; and on the 
 part of the Government of the United States, tho surrender shall be made 
 only by autuority of the Executive thereof. 
 
 ;i;.*5C>«jH
 
 38 EXTRADITION. 
 
 Article IY. 
 
 The expenses of any detention and delivery effected in -virtue of tlie pre- 
 ceding provisions shall be borne and defrayed by the Government in whose 
 name the requisition shall have been made. 
 
 Article V. 
 
 The provisions of the present convention shall not be applied in any 
 manner to the crimes enumerated in the second article, committed anterior 
 to the date thereof, nor to any crime or oifenceofa purely political character. 
 
 Article VI. 
 
 This convention shall continue in force until it shall be abrogated by the 
 contracting j)arties, or one of them ; but it shall not be abrogated, except 
 by mutual consent, unless the party desiring to abrogate it shall give six 
 mouths' previous notice of his intention to do so. It shall be ratified, and 
 the ratifications shall be exchanged within the space of six months, or 
 earlier if possible. 
 
 In witness whereof, the respective Plenipotentiaries have signed the 
 present convention in duplicate, and have affixed thereto the seal of their 
 arms. 
 
 Done at Washington the ninth day of November, anno Domini one thou- 
 sand eight hundred and forty- three. 
 
 [seal.] a. p. Upshur. 
 
 [seal.] a. Pageot. 
 
 ADDITIONAL ARTICLE TO THE TREATY OP NOVEMBER 9, 1843. 
 
 Concluded February 24, 1845; Batificaiions exchanged at Paris Jane 21, 1845 ; 
 
 . Proclaimed July 24, 1845. 
 
 The crime of robbery, defining the same to be the felonious and forcible 
 taking from the person of another, of goods or money to any value, by vio- 
 lence, or putting him in fear ; and the crime of burglary, defining the same 
 to be, breaking and entering by night into a mansion-house of another, with 
 intent to commit felony ; and the corresponding crimes included under the 
 French law in the words vol quaUfi4 crime, not being embraced in the second 
 article of the convention of extradition conclnded between the United 
 States of America and France, on the ninth of November, 1843, it is agreed 
 l)y the present article, between the high contracting parties, that persons 
 charged with those crimes shall be respectively delivered up, in conformity 
 •with the first article of the said convention; and the present article, when 
 ratified by the parties, shall constitute a part of the said convention, and 
 shall have the same force as if it had been originally inserted in the same. 
 
 In witness whereof, the respective Plenipotentiaries have signed the pres- 
 ent article, in duplicate, and have affixed thereto the seal of their arms. 
 
 Done at Washington this twenty-fourth of February, 1845. 
 [seal.] J. C. Calhoun, 
 
 [seal.] a. Pageot.
 
 EXTRADITION. 39 
 
 AN - ADDITIOXAL ARTICLE TO THE CONVENTIONS OF NOVEMBER 9, 1843, 
 
 AND FEBRUARY 24, 1845. 
 
 Concluded Fehruary 10, 1858; Ratifications exchawjcd at Washinglon February 
 12, 1859; Proclaimed February 14, 1859. 
 
 It is agreed between the high contnicting parties that the i>rovisions of 
 the treaties for the mutual extraclitiou of criiuiuala between the United 
 States of America aud France, of November 9th, 1843, and February 24th, 
 1845, and now iu force between the two Governments, shall extend not 
 only to persons charged with ihe crimes therein mentioned, but also to per- 
 sons charged with the following crimes, whether as principals, accessories 
 or accomplices, namely : Forging or knowingly passing or putting in cir- 
 culation counterfeit coin or bank notes or other paper current as money, 
 with intent to defraud any person or persons ; embezzlement by any person 
 or persons hired or salaried to the detriment of iheir employers, when these 
 crimes are subject to infamous punislimeut. 
 
 In witness whereof the respective Plenipotentiaries have signed the pres- 
 ent article in triplicate, and have aflSxed thereto the seal of their arms. 
 
 Done at Washington the tenth of February, 1858. 
 
 [seal.] Lew. Cass. 
 
 [seal.] Saktiges. 
 
 GREAT BRITAIN. 
 
 Concluded Xoveniber 19, 1794 ; Ratification exchanged at London October 28, 
 1795 ; Froclaimcd February 29, 1796. 
 
 AUTICLE XXVII. 
 
 It is further agreed that His Majesty and the United States, on mutual 
 requisitions, by them respectively, or by their respective Ministers or offi- 
 cers authorizcil to make the same, will deliver up to justice all persons who, 
 being charged with murder or forgery, committed within the jnrisdictiou 
 of either, shall seek an asylum within any of the countries of the other, 
 provided tliat this shall only be done on such evidence of eriminality as, 
 ac^cordingto theluwsof tin) pla<e, wlicro the fugitive or person so charged 
 sliall be found, would justify his apprehension and commitnu'iit for trial, 
 if the oflense bad there been committed. The expeuce of such appreheu- 
 Bion and flelivery shall l)e Iiorno and defrayed by those who make the requi- 
 sition and receive the fugitive. 
 
 AuncLic XXVIII. 
 
 It is agreed that the first ten articles of this treaty shall bo permanent, 
 and that the subHcqiient articles, except the t wtlflh, sliall be limited in 
 their duration to twelve years, to bo computed from (lie ti.iy on wiiicli the 
 ratificatious of this treaty shall bo excliangod." 
 
 • The ratifications wore exchanged October 28, 1795, aud the 27th arliclo 
 expired in 1807.
 
 40 EXTRADITION. 
 
 Concluded August 9, 1842; Raiificationa exchanged at London October 13, 1842; 
 
 ^proclaimed November 10, 1842. 
 
 Article X. 
 
 If is agreed that the United States and Her Britannic Majesty shall, npon 
 nintnal reqnisitions by them, or their Ministers, officers, or authorities, re- 
 spectively made, deliver up to justice all persons who, being charged with 
 the crime of murder, or assault with intent to commit murder, or piracy, 
 or arson, or robbery, or forgery, or the utterance of forged paper, committed 
 within the jurisdiction of either, shall seek an asylum or shall be found 
 within the territories of the other: Provided, that this shall only be done 
 upon such evidence of criminality as, according to the laws of the place 
 ■where the fugitive or person so charged shall be found, would justify his 
 apprehension and commitment for trial if the crime or offense had there 
 been committed; and the respective judges and other magistrates of the 
 two Governments shall have power, jurisdiction, and authority, upon com- 
 plaint made under oath, to issue a warrant for the appreheunion of the fugi- 
 tive or person so charged, that he may be brought before such judges or 
 other magistrates, respectively, to the end that the evidence of criminality 
 may be heard and considered; and if, on such hearing, the evidence be 
 deemed suflicient to sustain the charge, it shall be the duty of the examin- 
 ing judge or magistrate to certify' the same to the proper executive author- 
 ity, that a warrant may issue for the surrender of such fugitive. The ex- 
 pense of such apprehension and delivery shall be borne and defrayed by 
 the party who makes the requisition and receives the fugitive. 
 
 Article XL 
 
 The tenth article shall continue in force until one or the other of the 
 parties shall signify its wish to terminate it, aud no longer. 
 
 HANOVER.* 
 
 Concluded January IS, 1855; Ratifications exchanged at London Aprill7, 1855; 
 
 Proclaimed May 5, 1855. 
 
 The United States of America and His Majesty the King of Hanover, 
 actuated by an equal desire to further the administration of justice, and 
 to prevent the commission of crimes in their respective countries, taking 
 into consideration that the increased means of communication between 
 Europe and America facilitate the escape of offenders, and that conse- 
 quently provision ought to bo made in order that the enrls of justice shall 
 not be defeated, have determined to conclude an arrangement dest'ued to 
 regulate the course to be observed in all cases with reference to the extra- 
 dition of such individuals as, having committed any of the offenses here- 
 
 * Terminated by absorption of Hanover by Prussia.
 
 EXTRADITION. 41 
 
 after enumerated in one country, sball have takeu refuge wifliin the terri- 
 tories of the other. The coustitution and laws of Hanover, however, not 
 allowing the Hanoverian Government to surrender their own subjects for 
 trial before a foreign court of justice, a strict reciprocity requires that the 
 GoA'ernment of the United States shall be held equally free from any ob- 
 ligation to surrender citizens of the United States. For which purposes 
 the high contracting Powers have appointed as their Plenipotentiaries: 
 
 The President of the United States, James Buchanan, Envoy Extraor- 
 dinary and Minister Pleniijotentiary of the United States at the Court of 
 the United Kingdom of Great Britain and Ireland; His Majesty the King 
 of Hanover, the Count Adoluhus von Kielmansegge, his Envoy Extraor- 
 dinary and Minister Plenipotentiary to Her Britannic Majesty, Grand 
 Cross of the Order of the Guelphs, &c., *fec.; 
 
 Who, after reciprocal communication of their respective full powers, 
 found in good and due form, have agreed to the following articles: 
 
 Article I. 
 
 The Government of thtj United States and the Hanoverian Governmcut 
 promise and engage, upon mutual requisitions by them, or their Ministers, 
 oflScers, or authorities respectively made, to deliver up to justice all per- 
 s«ms who, being charged with the crime of murder, or assault with intent 
 to commit murder, or piracy, or arson, or robl>ery, or forgery, or the utter- 
 ance of forged papers, or the fabrication or circulation of counterfeit 
 money, whether coin or paper money, or the erabezzlenicnt of public 
 moneys, committed within the jurisdiction of either l>arty, shall seek an 
 asylum, or shall be found within the territories of the other; provided 
 that this shall only be done upon such evidence of criminality as, accord- 
 ing to the laws of the place where the fugitive or person so charged shall 
 be found, would justify his appreheusiou and connnitiuent for trial if the 
 crime or offence had there been committed; and the respective judges and 
 other magistrates of the two Governments shall have power, jurisdiction, 
 and authority, upon complaint made under oatii, to issue a warrant for 
 the apprehension of the fugitive or p(irson so charged, that lie may bo 
 brought belV)re such judges or other uuigistrates, respectively, to the end 
 that the evidence of criminality may be heard and considered; and if, on 
 such hearing, the evidence bo deemed sudicient to sustain tlio charge, it 
 shall be the duty of the examining judge or magistrate to certify the same 
 to the proper executive authority, that a w.uiant may issue for the sur- 
 render of such fugitive. 
 
 The expense of such apprehension and delivery shall be borne and de- 
 frayed by the i)urty who makes the reciuisition and receives the fugitive. 
 
 Akticlk II. 
 
 Tlie stipulations of this convention shall be a])))li<!d to any other State of 
 the Germanic Confederation whicii may hereafter declaru its accession 
 thereto. 
 
 AUTICMC III. 
 
 None of the contracting parties shall be bound to deliver up its own sub- 
 jects or citizens under the stipulations of this convention.
 
 42 EXTRADITION. 
 
 Article IV. 
 
 Whenever any person accused of any of the crimes ennnierated in this 
 convention shall have committed a new crime in the territories of the State 
 where he has sought an asylum, or shall be found, such person shall not be 
 delivered up, under the stipulations of this convention, until he shall have 
 been tried and shall have received the punishment due to such new crime, 
 or shall have been acquitted thereof. 
 
 Article V. 
 
 The present convention shall continue in force until the first of Jan- 
 uary, one thousand eight hundred and fifty-eight ; and if neither party shall 
 have given to the other six mouths' previous notice of its intention then 
 to terminate the same, it shall further remain in force until the end of 
 twelve mouths after either of the high contracting parties shall have given 
 notice to the other of such intention, each of the high contracting parties 
 reserving to itself the right of giving such notice to the other at any time 
 after the expiration of the said first day of January, one thousand eight 
 hundred and fifty-eight, 
 
 Article VI. 
 
 The present convention shall be ratified by the President, by and with 
 the advice and consent of the Senate of the United States, and by the Gov- 
 ernment of Hanover, and the ratifications shall be exchanged in London 
 •within three months from the date hereof, or sooner if possible. 
 
 In faith whereof the respective Plenipotentiaries have signed this con- 
 vention, and have hereunto affixed their seals. 
 
 Done in duplicate in London, the eighteenth day of January, one thousand 
 eight hundred and fifty-five, and the seventy-ninth year of the independ- 
 ence of the United States. 
 
 [seal.] James Buchanan. 
 
 [SEAL.] A. KiELMANSEGGE. 
 
 HAWAIIAN ISLANDS. 
 
 Concluded December 20, 1849; Ratifications exchanged at Honolulu, August 24, 
 1850 ; proclaimed November 9, 1850. 
 
 Article XIV. 
 
 The contracting parties mutually agree to surrender, upon official requisi- 
 tion, to the authorities of each, all persons who, being charged with the 
 crimes of murder^ piracy, arson, robbery, forgery, or the utterance of forged 
 paper, committed within the jurisdiction of either, shall be found witliin the 
 territories of the other: provided that this shall only be done upou su(^h evi- 
 dence of criminality as, according to the laws of the place where the per- 
 Bon so charged shall be found, would justify his apprehension and com-
 
 EXTRADITION. 43 
 
 mitmeut for trial, if the crime bad there beeu committed. And the re- 
 spective judges and other magistrates of the two Governments shall have 
 authority, upon complaint madfe under oath, to issue a warrant for the 
 apprehensio'ii of the person so charged, that he may be brought before such 
 judges or other magistrates respectively, to the end that the evidence of 
 criminality may be heard and considered ; and if, on such hearing, the evi- 
 dence be deemed sufficient to sustain the charge, it shall be the duty of the 
 examining judge or magistrate to certify the same to the proper executive 
 authority, that a warrant may issue for the surrender of such fugitive. The 
 expense of such apprehension and delivery shall be borne and defrayed by 
 the party who makes the requisition and receives the fugitive. 
 
 HAYTI. 
 
 Concluded Kodeniler 3, 1864; Salifications exchanged at WasJiington May 22, 
 
 1865; proclaimed July 6, 1865. 
 
 Article XXXVIII. 
 
 It is agreed that the high contracting parties shall, on requisitions made 
 in their name, through the medium of their respective diplomatic agents, 
 deliver up to justice persons wbo, being charged with the crimes enumer- 
 ated in the following article, committed within the jurisdiction of the re- 
 quiring party, shall seek an asylum or shall be found within the territories 
 of the otl4er: Provided, That this shall be done only when the fact of the 
 commission f)f the crime shall be so established as to justify their appre- 
 hension and commitment for trial, if the crime had been committed in the 
 country where the persons so accused shall Ito found ; in all of which tlie 
 tribunals of said country shall proceed and decide according to tlieir own 
 laws. 
 
 Aivrici.K XXXIX. 
 
 Persons shall be delivered up, according to the proviHJous of this treaty, 
 who shall bo charged with any of the following crimes, to wit: murder, 
 (including assassiuaticm, i)arricide, infanticide, and ]>oisouing,) attompt 
 to commit murder, piracy, rape, forgery, the counterfiMting of money, the 
 uttiranco of forged paper, arson, robbery, and embezzioment l)y i>ublie 
 oftlcers, or hy persons hired or salaried, to the detriment of their employ- 
 ers, when these crimes are subject to infamous punishment. 
 
 Articlk XL. 
 
 The surrender shall bo made, on the part of each country, only by the 
 authority of the Execntivi' tlit-reof. The fxiu-nscHof the dftiMition ami do- 
 livery, effected in virtue of the i)reco(ling articles, hIi.iII be at tlm cost of 
 the party making the demand.
 
 44 EXTRADITION. 
 
 Article XLI. 
 
 The ijrovisions of the foregoing articles relating to the extradition of fugi- 
 tive criminals shall not apply to offences committed before the date hereof, 
 nor to those of a political character. Neither of the contracting parties 
 shall'be bound to deliver up its own citizens under the provisions of this 
 treaty. 
 
 ITAIiY. 
 
 Concluded March 23, 1868 ; Ratifications exchanged at Washington September 
 17, 1868 ; proclaimed September 30, 1868. 
 
 The United States of America aud His Majesty the King of Italy, 
 having judged it exiierlient, with a view to the better administration of 
 justice, and to the prevention of crimes within their respective territories 
 and jurisdiction, that persons couvicted of or charged with the crimes here- 
 inafter specified, and being fugitives from justice, should, under certain 
 circumstances, be reciprocally delivered up, have resolved to conclude a 
 convention for that purpose, aud have appointed as their Pleuipotentiaries : 
 
 The President of the United States, William H. Seward, Secretary of 
 State; His Majesty the King of Italy, the Commander Marcello Cerruti, 
 Envoj' Extraordinary aud Minister Plenipotentiary ; 
 
 Who, after reciprocal communication of their full powers, found in good 
 and due form, have agreed upon the following articles, to wit: 
 
 Article I. 
 
 The Government of the United States aud the Government of Italy mu- 
 tually agree to deliver up persons who, having been convicted of or charged 
 ■with the crimes specified in the following article, committed within the 
 jurisdictfon of oue of the contractiug parties, shall seek an asylum or be 
 found within the territories of the other: Provided, that this shall only be 
 done upon such evidence of criminality as, according to the laws of the 
 place where the fugitive or person so charged shall be found, would justify 
 his or her apprehension and commitment for trial, if the crime had been 
 there committed. 
 
 Article II. 
 
 Persons shall be delivered up who shall have been convicted of, or bo 
 charged, according to the provisions of this convention, with any of the fol- 
 lowing crimes. 
 
 1. Murder, comprehending the crimes designated in the Italian penal 
 code by the terms of parricide, assassination, poisoning, and infanticide. 
 
 2. The attempt to commit murder. 
 
 3. The crinoes of rape, arson, piracy, and mutiny on board a ship, when- 
 ever the crew, or part thereof, by fraud or violence against the commander, 
 have taken possession of the vessel.
 
 EXTRADITION. 45 
 
 4. The crime of burglary, defined to be the action of breaking and enter- 
 ing by night into the house of another with the intent to commit felony ; 
 and the crime of robberj-, defined to be the action of feloniously and forci- 
 bly taking from the person of another goods or money, by violence or 
 putting him in fear. 
 
 5. The crime of forgery, by which is understood the utterance of forged 
 papers, the counterfeiting of public, sovereign, or Government acts. 
 
 6. The fiibrication or circulation of counterfeit money, either coin or 
 paper, of public bonds, bank-notes, and obligations, and in general of any 
 title and instrument of credit whatsoever, the counterfeiting of seals, dies, 
 stamps, and marks of State and j^ublic administrations, and the utterance 
 thereof. 
 
 7. The embezzlement of public moneys, committed within tliH jurisdic- 
 tion of either party, by public officers or depositors. 
 
 8. Embezzlement by any i^erson or persons hired or salaried, to the detri- 
 mentof their emiiloyers, when these crimes are subject to infamous punish- 
 ment. 
 
 Article III. 
 
 The provisions of this treaty shall not apply to any crime or offence of a 
 political character, and the person or persons delivered up for the crimes 
 enumerated in the preceding article shall in no case be tried for any ordi- 
 nary crime, committed previously to that for which his or iheir surrender 
 is asked. 
 
 Article IV. 
 
 If the person whose surrender may be claimed, pursuant to the stipuhi- 
 tious of the present treaty, shall have been arrested for the commission of 
 oflcncHS in the country where he has sought an asylum, or shall have been 
 convicted thereof, his extradition may be deferred until he shall have been 
 acquitted, or have served the term of iniprisonuifut to which he may have 
 been sentenced. 
 
 AuriCLK V. 
 
 Requisitions for the surrender of fugitives from justice shall be made liy 
 the respective Dii)lomatic Agents of the contracting parlies, or in the event 
 of the absence of these from the country or its seat of Uovernmeut, tin y 
 may be madii by superior consular ollicers. If the person whoso extradiliau 
 may bo asked for shall have been convicted of a crime, a copy of the sent encc 
 of the court in which he may have been cf)nviclrd, niilhentic.itod under \tH 
 seal,andau attestation oflhe ollicial character of tlicjudge by Ihcpropcr ex- 
 ecutive authority, and of the latter by (lie Minister or Consul of tlie Unilt-d 
 States or of Italy, respectively, shall accom;iany the re(|Mihit ion. Whm, 
 however, the fugitive shall iiavo been merely charged with ( rime, a <lnly 
 authenticated copy of the warrant for his arrest in tho country where the 
 crime may have been committed, or of the dejmsitions ujuju which such 
 warrant may have been issued, must accompany tlie t«'quisition as afore-
 
 46 EXTRADITION 
 
 said. The President of the United States, or the proper executive authority 
 in Italy, may then issue a warrant for the apprehension of the fugitive, 
 in order that he may be brought before the proper judicial authority for ex- 
 amination. If it should then be decided that, according to law and the 
 evidence, the extradition is due pursuant to the treaty, the fugitive may be 
 given up according to the forms prescribed in such cases. 
 
 Article VI. 
 
 The expenses of the arrest, detention, aud transportation of the persons 
 claimed, shall be paid by the Government in whose name the requisition 
 shall have been made. 
 
 Article VII. 
 
 This convention shall continue in force during five (.5) years from the day 
 of exchange of ratifications ; but if neither party shall have given to the 
 other six (6) mouths' previous notice of its intention to terminate the same, 
 the convention shall remain in force five years louger, and so on. 
 
 The present convention shall be ratified, and the ratifications exchanged 
 at Washington, within six (G) months, and sooner if possible. 
 
 In witness whereof, the respective Plenipotentiaries have signed the 
 present convention in duplicate, and have thereunto affixed their seals. 
 
 Done at Washington the twenty-third day of March, A. D. one thousand 
 eight hundred and sixty-eight, and of the Independence of the United 
 States the ninety-second. 
 
 [SEAL.] William H. Seward, 
 
 [seal.] ■ M. Cerruti. 
 
 CONVENTION FOR THE EXTRADITION OF CRIMINALS FUGITIVE FROM 
 JUSTICE, BEING ADDITIONAL ARTICLE TO THE CONVENTION OF MARCH 
 23, 1868. 
 
 Concluded Jamiary 21, 1869 ; Ratifications exchanged at TVashington May 7, 
 
 1869; proclaimed May 11, 1869. 
 
 It is agreed that the concluding paragraph of the second article of the 
 convention aforesaid shall be so amended as to read as follows : 
 
 8. Embezlement by any person or persons hired or salaried, to the detri- 
 ment of their employers, when these crimes are subject to infamous punish- 
 ment according to the laws of the United States, and criminal punishment 
 according to the laws of Italy. 
 
 In witness whereof, the respective Plenipotentiaries have signed the 
 jiresent article in duplicate, and have affixed thereto the seal of their arms. 
 
 Done at Washington the 21st day of January, 1869. 
 
 [SEAL.] William H. Seward, 
 
 [seal.] M. Cerruti.
 
 EXTEADITIOX. 47 
 
 SUPPLEMENTARY CONVENTION TO THE CONVENTION OF MAKCH 23, 1868. 
 
 ConchidedJune 11, 1884 ; Batifications exchaiigedat Washington April 24, 1885 ; 
 
 proclaimed April 24, 1885. 
 
 The President of the United States of America and His Majesty the King 
 of Italy, being convinced of the necessity of adding some stipulation« to 
 the extradition convention concluded between the United States and Italy 
 on the 23d of March, 1808, with a view to the better administration of jus- 
 tice and the prevention of crime in their respective territories and juris- 
 dictions, have resolved to conclude a supplementary convention for this 
 I)urpose, and have appointed as their Plenipotentiaries, to-wit : The Presi- 
 dent of the United States, Frederick T. Frelinghuyseu, Secretary of State 
 of the United States ; 
 
 And His Majesty the King of Italy, Baron Saverio Fava, His Envoy Ex- 
 traordinary and Minister Plenipotentiary at Washington ; 
 
 Who, after reciprocal communication of their full powers, which were 
 found to bo in good and due form, have agreed upon the following articles : 
 
 Articlk I. 
 
 The following paragraph is added to the list of crimes on account of 
 which extradition may bo granted, as provided in Article II. of the afore- 
 said convention of March 23, 1868 : 
 
 9. Kidnapping of minors or adults, that is to say, the detention of one or 
 more persons for the purpose of extorting money from them or their fam- 
 ilies, or for any other unlawful purpose. 
 
 Article II. 
 
 The following clause shall bo inserted after Article V. of the aforesaid 
 Convention of March 23, 1868 : 
 
 Any comi)etent judicial magistrate of either of the two conntriesshall bo 
 authorized lifter ihc exhibition of a certificate signed by the Jliuister of 
 Foreign Afiairs [of Italy] or th(! Secretary of State [of the United StatcH] 
 attesting that a requisition has been made by the Government of tho other 
 country to sccnre the preliminary arri'st of a person condemm'd for or 
 chargeil witli having therein committod a crime for whicii, inirsuaiit to 
 this Convention, extradition may be granted, and on coiuplaiut duly made 
 undf-r oath by ;i person cognizant of the fact, or by a (iiphniiat ic or consular 
 officer of the demanding Governm«;ut, being duly aulhorized by I lie Lilli-r, 
 and attesting that the aforesaid crime was tlius i>erpetrated, to issue a war- 
 rant for the arrest of tlio person thus ineuli»ateil, lo the end that he or slio 
 may be brought before the said magistrate, so (hat the evidence of his or 
 her criminality may be heard and considered ; and the jierson I bus accused 
 and imjirisoned shall from time to time be remandeil to jjrison nut il a formal 
 demand for his or her extrailition shall be made anil supported by evidiure 
 as abovi; provided; if, however, llu- reriiiisition, together with the doeii- 
 ments above provided for, sliall not l>e made, as required, by tlieiliplonuitic 
 rojiresentative of the demanding Government, or, in his absence, Ity a con- 
 sular ollieer thereof, within forty days from tho (hiUi of the arrenl of the 
 accused, the prisoner shall beset at liberty'.
 
 ■18 EXTRADITION. 
 
 Article III. 
 
 These supplementary articles shall be considered as an integral part of 
 Hie aforesaid original extradition convention of March 23, 1868, and to- 
 gether with the additional article of Jamiary 21, 1869, as having the same 
 Talne and force as the Convention itself, and as destined to coutinne and 
 torniiuate in the same manner. 
 
 The present Convention shall be ratified, and the ratifications exchanged 
 at Washington as speedily as possible, and it shall take effect immediately 
 after the said exchange of ratifications. 
 
 In testimony whereof, the respective Plenipotentiaries have signed the 
 present Convention in duplicate, and liave thereunto affixed their seals. 
 
 Done at Washington, this eleventh day of the month of June in the the 
 year of our Lord one thousand eight hundred and eighty four. 
 
 [seal.] ■ Fredk. T. Frelinghuysex. 
 
 [seal.] Fava. 
 
 JAPAN. 
 
 Concluded April 29, 1886 ; Eatifications exchanged at ToTcio September 27, 1886 ; 
 
 proclaimed Xovember •i, 1886. 
 
 The President of the United States of America and his Majesty the Em- 
 peror of Japan having judged it expedient, with a view to the better ad- 
 ministration of justice, and to the prevention of crime within the two 
 countries and their f urisdictions, that persons charged with or convicted of 
 the crimes or offences hereinafter named and being fugitives from iustice, 
 
 O c? 7 
 
 should, under certain circumstances, be reciprocally delivered up, they 
 have named as their Pleuiiiotentiaries to conclude a Treaty for this purpose, 
 that is to say : 
 
 The President of the United States of America, Richard B. Hubbard, 
 their Envoy Extraordinary and Minister Plenipotentiary near His Imperial 
 Majesty, and His Majesty the Emperor of Japan Count Inouye Kaoru, Jin- 
 sammi, His Imperial Majesty's Minister of State for Foreign Affairs, First 
 Class of the Order of the Rising Sun &c. &c. &c. who, after having com- 
 municated to each other their respective full powers, found in good and due 
 form, have agreed upon and concluded the following articles: 
 
 Article I. 
 
 The High Coutractiug Parties engage to deliver up to each other, under 
 the circumstances and conditions stated in the present Treaty, all persons, 
 who being accused or convicted of one of the crimes or offences named be- 
 low in Article II. and committed within the jurisdiction of the one Party, 
 shall be found within the jurisdiction of the other Party. 
 
 Article II. 
 
 1. Murder, and assault with iutent to commit murder. 
 
 2. Counterfeiting or altering money, or uttering or bringing intocircula-
 
 EXTRADITION 49 
 
 tion conuterfeit or altered money; counterfeiting certificates or coiipons 
 of iniblic indebtedness, bank notes, or other iiistrnmeuts of public credit 
 of either of the parties, and the utterance or circulation of the same. 
 
 3. Forgery or altering, and uttering what is forged or altered. 
 
 4. Embezzlement or criminal malversation of the publiy funds, com- 
 mitted withiu the jurisdiction of either party, by public officers or deposi- 
 taries. 
 
 5. Robbery. 
 
 6. Burglary, defined to be the breaking and enterinc; by night time into 
 the house of another person with the intent to commit a felony therein ; 
 and the act of breaking and entering the house of another, whether in the 
 day or night-time, with the intent to commit a felony therein. 
 
 7. The act of entering, or of breaking and entering, the offices of the Gov- 
 ernment and public authorities, or the «iricP8 of banks, banking-houses, 
 savings-banks, trust companies, insurance or other companies, with the in- 
 tent to commit a felony therein. 
 
 8. Perjury, or the subornation of perjury. 
 
 9. Rape. 
 
 10. Arson. 
 
 11. Piracy by the law of nations. 
 
 12. Murder, assault with intent to kill, and manslaughter, connnittcd on 
 the high seas, on board a ship bearing the tlag of the demanding country 
 
 13. Malicious destruction of, or attempt to destroy, railways, trams, vcs- 
 eels, bridges, dwellings, public edifices, or other buildings, when the act 
 endangers human life. 
 
 AiniCLE III. 
 
 If the jjcrson demanded be held for trial in the country on which tiic de- 
 mand is made, it shall be optional with the latter to grant ixtnulitiiin or 
 to proceed with the trial : Provided that, unless the trial shall be for tho 
 crime for which the fugitive is claimed, the delay shall not prevent ulti- 
 mate extradition. 
 
 AUTICLK IV. 
 
 If it be made to a])pear that extradition is sought with a. view to try or 
 imnish the person demanded for an oIlenHe of a political character, sur- 
 render sliall not take jilace ; nor shall any person surrendered be tried or 
 punished forany jKililieal ofliMiHe committed previously to his extnnlition, 
 or for any oU'euse other than that in respect of whiili tin- extuidii ion is 
 granted. 
 
 Akticuc V 
 
 Tho refinisition for extradition shall he made through tho diplomatic 
 agents of tlm contracting parties, or, in tlie event of tlie abHencc of lliese 
 from the <;onnlry or its s<at of governmi'ut, by NUiierior rouMniar olliccns. 
 
 Jf the iMison whose extradition is re(|ue«)(!d shall have been eoiiviet<!«l 
 of a crime, a copy of the sentence of Iho court iu which lie was convicted, 
 authenticated under its seal, ami an attestation of the olliciiil rharaclei of 
 ♦ he judge by the proper executive authority, and of the latter by the Min- 
 ister or t'onsnl of the United States or of Jajtan, as the case may bo, shall
 
 50 EXTRADITION, 
 
 accompany the requisition. When tlie fugitive is merely charged with 
 crime, a dnly authenticated copy of the Avarrant of arrest iu the country 
 making the demand and of the depositions on which such warrant may 
 have heen issued, must accompany the requisition. 
 
 The fugitive shall be surrendered only on such evidence of criminality as 
 according to the laws of the place where the fugitive or person so charged 
 shall be found, would justify his apprehension and commitment for trial, 
 if the crime had been there committed. 
 
 Article VI. 
 
 On being informed by telegraph or other written communication through 
 the diplomatic channel, that a lawful warrant has been issued by compe- 
 tent authority upon probable cause for the arrest of a fugitive criminal 
 charged with atiy of the crimes enumerated in Article II of this Treaty, 
 and, on being assured from the same source that a request for the surren- 
 der of such criminal is about to be made in accordance with the provisions 
 of this Treaty, each Government will endeavor to procure so far as it law- 
 fully may the provisional arrest of such crimini^l, and keep him in safe 
 custody for a reasonable time, not exceeding two months, to await the pro- 
 duction of the documents upon which the claim for extradition is founded. 
 
 Article VII. 
 
 Neither of the contracting parties shall be bound to deliver up its own 
 citizens or subjects under the stipulations of this convention, but they shall 
 have the power to deliver them up if in their discretion it be deemed proper 
 to do so. 
 
 Article VIII. 
 
 The expenses of the arrest, detention, examination and transportation of 
 the accused shall be paid by the Government which has requested the ex- 
 tradition. 
 
 Article IX. 
 
 The present treaty shall come into force sixty days after the exchange of 
 the ratifications thereof. It may be terminated by either of them, but shall 
 remain in force for six months after notice has been given of its termina- 
 tion. 
 
 The treaty shall be ratified, and the ratifications shall be exchanged at 
 Washington, as soon as possible. 
 
 In witness whereof the resi>ective Plenipotentiaries have signed the pres- 
 ent Treaty in duplicate and have thereunto affixed their seals. 
 
 Done at the city of Tokio, the Twenty-ninth day of April, in the eight- 
 een hundred and eighty-sixth* year of the christian era, corresponding to 
 the Twenty-ninth day of the Fourth month, of the nineteenth year of Meiji. 
 
 [seal.] Richard B. Hubbard. 
 
 [seal.] Ixouye Kaoru. 
 
 * In the protocol of exchange of the ratifications of this treaty, signed by 
 the Plenipotentiaries at Tokio, September 27, 1886, it is declared that " the
 
 EXTRADITION. 5.1 
 
 liTJXEMBURG. 
 
 Concluded October 29, 1883; EaUfications exchanged at Bei'Un July 14, 1884; 
 
 proclaimed Aiujust 12, 16d4. 
 
 The United States of America and HisMajesty IheKingof theXetlierlands, 
 Grand Duke of Luxeniburjj, having jndged it expedient, with a view to 
 the better administration of justice and the prevention of crime within their 
 respective territories and jurisdictions, that persons charged with or con- 
 victed of the crimes and offenses hereinafter enumerated, and being fugi- 
 tives from justice, should, under certain circumstances be reciprocally de- 
 livered up, have resolved to conclude a convention for that purpose and 
 have appointed as their Pleuipoientiaries: 
 
 The President of the United States of America, Mr. A. A. Sargent, His En- 
 voy Extraordinary and Minister Plenipotentiary to His Majesty the Em- 
 peror of Germany at Berlin ; and His Majesty the King of the Netherlands, 
 Grand Duke of Luxembiirg, Dr. Paul Eyscheu, His Director general of the 
 Department of justice and Charg6 d'Alfaires of the Grand Duchy of Luxem- 
 burg at Berlin, Chevalier of the 2nd Class of the Order of the Golden Lion 
 of the House of Nassau, Commander of the Order of the Crown of Oak and 
 of that of the Lion of the Netlierlauds, &c, «fec, &c. 
 
 Who, after having communicated to each other their respective full 
 powers, found in good and due form, have agreed upon and concluded the 
 following articles : 
 
 Article I. 
 
 TheGovcrnment of the United States and the Government of Luxemburg 
 mutuallj' agree to deliver up persons who, having been charged as princi- 
 pals or accessories, with or convicted of any of the crimes and offenses 
 specified in the following article, committed within tln^ jurisdiction of one 
 of the contracting parties, shall seek an asylum or be found within the ter- 
 ritories of the other. Provided that this shall only bo done upon such evi- 
 dence of criminality as, according to the laws of tiie place where the fugi- 
 tive or the person so chargfid shall be found, would just ify his or her appre- 
 hension and commitment for trial if the crime had been there committed. 
 
 AirncLic II. 
 
 Persons shall be delivered up who shall have been convicted of or I)0 
 charged, according to the provisionsof the convention, with any of the fol- 
 lowing crimes : 
 
 1° Murder, comprehending tlie crimes designated in the poinil code of 
 LuxiMuburgby the terms of parricide, assassination, poisoning an<l iiilaii- 
 ticidc; 
 
 eighteen hundred and eiglity-sixth year of the rhristian era," is Intended 
 to mean tlie year A. J). 1HH(). The protocol also declares that notwithstand- 
 ing the tre.ity provided that the excliang'i of the ratifications should take 
 placc! at Washington, the Two High Contracting Parfies, in order lo^ave 
 time, agreed that tli" cxcliange .hIioh].! t:il;i' jilaic ;it ToUio instcid.
 
 52 ' EXTRADITION. 
 
 2°. The attempt to commit murder ; 
 
 3*^. Rape, or attempt to commit rape, bigamy, abortion ; 
 
 4°. Arson ; 
 
 5°. Piracy or mutiny on sliiplioard wbenever the crew or part thereof 
 shall have taken jiossession of the vessel by fraud or violence against the 
 commander ; 
 
 6^^. The crime of burglary defined to be the act of breaking and entering 
 by night into the house of another with the intent to commit felony ; and 
 the crime of robbery, defined to be the act of feloniously and forcibly tak- 
 ing from the person of another money or goods by violence or putting him 
 in fear; and the corresponding crimes punished by the laws of Luxemburg 
 under the description of thefts committed in an inhabited house by night 
 and by breaking in, by climbing or forcibly; and thefts committed with 
 violence or by means of threats. 
 
 7° The crime of forgery by which is understood the utterance of forged 
 papers, and also the counterfeiting of jiublic, sovereign or governmental 
 acts; 
 
 8"-^. The fabrication or circulation of counterfeit money, either coin or 
 pajier, or of counterfeit public bonds, coupons of the public debt, bank- 
 notes, obligations, or, in general, anything being a title or instrument of 
 credit ; the counterfeiting of seals and dies, impressions, stamps, and marks 
 of State and public administrations and the utterance thereof; 
 
 9°. The embezzlement of public moneys committed within the jurisdic- 
 tion of either party by public officers or depositaries ; 
 
 10°. Embezzlement by any person or persons hired or salaried to the 
 detriment of their emijloyers, when the crime is subject to i^unishment by 
 the laws of the place where it was committed; 
 
 11°. \yilfiil and unlawful destruction or obstruction of rail-roads which 
 endangers human life ; 
 
 12°. Reception of articles obtained by means of one of the crimes or 
 offenses provided for by the present convention. 
 
 Extradition may also be granted for the attempt to commit any of the 
 crimes above enumerated, when such attempt is punishable by the laws of 
 both contracting parties. 
 
 Article III. 
 
 A person surrendered under this convention shall not be tried or pun- 
 ished in the country to which his extradition has been granted, nor given 
 up to a third power for a crime or offense not provided for by the present 
 convention and committed previouslj' to his extradition, until he shall have 
 been allowed one mouth to leave the country after having been discharged ; 
 and, if he shall have been tried and condemned to punishment, he shall be 
 allowed one month after having suffered his penalty or having been par- 
 doned. 
 
 He may however be tried or punished for any crime or offense provided 
 for by this convention committed previous to his extradition, other than 
 that which gave rise to the extradition, and notice of the purpose to so try 
 him, with specifications of the offense charged, shall be given to the Govern- 
 ment which surrendered him, which may, if it think proper, require the
 
 EXTRADITION, 53 
 
 production of one of the documents mentioned in article 7 of this conven- 
 tion. 
 
 The consent of that government shall be required for the extradition of 
 the accused to a third country ; nevertheless such consent shall not be nec- 
 essary when the accused shall have asked of his own accord to be tried or 
 to undergo his punishment, orMhen he shall nothave lef£ within the space 
 of time above specified the territory of the country to which he has been 
 BUiTcndered. 
 
 Akticle IV. 
 
 The provisions of this convention shall not be ai>idiia1)le to persona 
 guilty of .my political crime or offense or of one connected with such a 
 crime or offense. A person who has been surrendered on account of one of 
 the common crimes or offenses mentioned in article 2, shall consequently in 
 no ca!-e be prosecuted and punished in the State to which his extradition 
 has been granted on account of a political crime or offense committed by 
 him previously to his extradition or on account of an act connected with 
 such a political crime or offense, unless he has been at liberty to leave the 
 country for one month after having Ijeen tried, and, in case of condemna- 
 tion, for one month after having suffered his punishment or having been 
 pardoned. 
 
 An attempt against the life of the head of a foreign government or against 
 that of any member of his family, when such attempt comprises the act 
 either of murder or assassination or of poisoning, shall not be considered a 
 political offense or an act connected with such an offense. 
 
 Article V. 
 
 Neither of the contracting parties shall be bound to deliver up its own 
 citizens or subjects under the stipulations of this convention. 
 
 Article VI. 
 
 If the person whoso surrender maj* bo claimed jtursuant to tho stipula- 
 tions of the present treaty shall have been arrested ftr the commission of 
 offenses in the country where he has sought au asylum, or shall have been 
 convicted thereof, his extradition may bo deferred until he shall have been 
 acr[uitted, or have served the term of imprisonment to which lie may have 
 been sentenced. 
 
 Article VII. 
 
 KequisitionH of tho surrenderor fugitives from justice shall always be 
 made through a di[iIomatic chaiiiii'l. 
 
 If the person whose e.vtradition may be asked for shall have been con- 
 viite<l of a crime or offense, a foi>y of the Hcutence of the court in wbicli he 
 may have been convicted, authenticated under it« seal and attostutiou of 
 tlie official character of tho judge by tho proper executive authority ; and 
 of the latter l)y the minister or consul of tho United Slates or by tlie min- 
 ister or consul charged witii the interests of Luxemburg, respectively, 
 shall accompany the requisition. Wlien, however, tho fugitive shall have
 
 54 EXTRADITION. 
 
 been merely charged with crime, a duly authenticated copy of the warrant 
 for his arrest in the country where the crime may have been committed, 
 and the depositions upon which such warrant may have been issued, must 
 accompany the requistion as aforesaid. The President of the United States 
 or the proper authority in Luxemburg may then issue a warrant for the 
 apprehension of the fugitive, in order that he may be brought before the 
 proper judicial authority for examination. If it should then be decided 
 that, according to the law and the evidence, the extradition is due pursu- 
 ant to the treaty, the fugitive may be given up according to the forms pre- 
 scribed in such cases. 
 
 Article VIII. 
 
 The expenses of the arrest, detention and transportation of the persons 
 claimed shall be paid by the government in whose name the requisition has 
 been made. 
 
 Article IX. 
 
 Extradition shall not be granted in pursuance of the provisions of this 
 convention, if legal proceedings or the enforcement of the penalty for the 
 act committed by the person claimed, has become barred by limitation, ac- 
 cording to the laws of the country to which the requisition is addressed. 
 
 Article X. 
 
 All articles found in the j)ossession of the accused parly and obtained 
 through the commission of the act with which he is charged, or that may 
 be used as evidence of the crime for which his extradition is demanded, 
 shall be seized if the comi^etent authority shall so order, and shall be sur- 
 rendered with his jjersou. 
 
 The rights of third parties to the articles so found shall nevertheless be 
 respected. 
 
 Article XI. 
 
 The present conventioTi shall take effect thirty days after the exchange 
 of ratifications. 
 
 It may be terminated by either of the contracting parties, but shall re- 
 main in force for six months after notice has been given for its termina- 
 tion. 
 
 It shall be ratified and its ratifications shall be exchanged as soon as pos- 
 sible. 
 
 In witness whereof the respective plenipotentiaries have signed the above 
 articles both in the English and French languages, and they have there- 
 unto affixed their seals. 
 
 Done, in duplicate, at the city of Berlin, this 29th day of October, A. D. 
 1883. 
 
 [seal.] A. A. Sargent. 
 
 r SEAL. ] Paul E yschen.
 
 EXTRADITION. 55 
 
 MECKLENBURG-SCHAVEEIX. 
 
 DECLAEATION OF ACCESSION TO THE CONVEXTION FOR THE EXTRADI- 
 TIO^'^ OF CRIillXALS, FUGITIVES FROM JUSTICE, OF JUNE 16, 1852, BE- 
 TWEEN THE IJiflTED STATES AXD PRUSSIA AXD OTHER STATES OF 
 THE GERMAXIC COXFEDERATIOX, AXD TO ADDITIONAL ARTICLE 
 THERETO OF NOVEMBER 10, 1852. 
 
 Dated Noveniber 26, 1853 ; proclaimed January 6, 1854. 
 
 [Translation.] 
 
 Whereas a treaty for the reciprocal extradition of fugitive crimiuuls in 
 special cases, was concluded between Prussia and other States of the Ger- 
 manic Confederation on the one hand, and the United States of North 
 America on the other, under date of June 16th, 1852, at Washington, by 
 the Plenipotentiaries of the contracting parties, and has been ratilied^by 
 the contractiug Governments ; and whereas, in the second article of the 
 same, the United States of North America have declared that they agree 
 that the stipulations of the aforesaid treaty shall be applicable to every 
 other State of the Germanic Confederation which shall have subsequently 
 declared its accession to the treaty : Now, therefore, in accordance there- 
 with, the Government of His Royal Highness the Grand Duke of Meckleu- 
 burg-Schwerin hereby declares, through the undersigned Grand Ducal 
 Minister of Foreign Affairs, its accession to the aforesaid treaty of June 
 10th, 1852, which is, word for word, as follows : 
 
 [The original doclaration here includes a copy, in German and English, 
 of the treaty of Juno 10, 1852, and of the additional article thereto of 
 November 10, 1852.] 
 
 and hereby expressly gives assurance that each and every article and stipu- 
 lation of this treaty shall be faithfully observed and enforced within the 
 territory of the Grand Duchy of Mocklenburg-Schworiu. 
 
 In testimony whereof the Grand Ducal Minister of Foreign Aii'airs, in the 
 name of His Royal Highness the Grand Duke of Mecklenburg-Schwerin, 
 has executed this declaration of accession, and caused the Ministerial seal 
 to be thereunto affixed. 
 
 Done at Scbwerin, November 20th, 185:5. 
 
 [SEAL.] Gk. v. IJulow, 
 
 Grand Ducal Minister of Foreign Affairs of ileoJclcnburg-Schwcrin.
 
 56 EXTRADITION. 
 
 3IECKLENBURG-STREIiITZ. 
 
 DECLARATION OF ACCESSION TO THE CONVENTION FOK THE EXTRADI- 
 TION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 1(5, 1852, BE- 
 TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OP 
 THE GERMANIC CONFEDERATION. 
 
 Dated December 2, 1853 ; proclaimed January 26, 1854. 
 
 [Translation.] 
 
 Whereas a treaty for the reciprocal extradition of fugitive criminals, in 
 special cases, was concluded between Prussia and other States of the Ger- 
 manic Confederation on the one hand, and the United States of North 
 America on the other, under date of June 16th, 1852, at Washington, by 
 tbe Plenipotentiaries of the contracting parties, and has been ratified by 
 the contracting Governments ; and whereas, in the second article of the 
 same, the United States of North America have declared that they agree 
 that the stipulations of the aforesaid treaty shall be applicable to every 
 other State of the Germanic Confederation which shall have subsequently 
 declared its accession to the treaty : Now, therefore, in accordance there- 
 with, the Government of His Royal Highness the Grand Duke of Mecklen- 
 burg-Strelltz, hereby declares its accession to the aforesaid treaty of June 
 16th, 1852, Avhich is, word for word, as follows : 
 
 [The original declaration here includes a cojoy, in German, of the treaty 
 of J une 16, 1852. ] 
 
 and hereby expressly gives assurance that each and every article and stipu- 
 lation of this treaty shall be faithfully observed and enforced within the 
 territory of the Grand Duchy of Mecklenburg-Strelitz. 
 
 In testimony whereof the undersigned Grand Ducal Minister of State, in 
 the name of His Royal Highness the Grand Duke of Mecklenburg-Strelitz, 
 has executed this declaration of accession, and caused the seal of the Grand 
 Ducal Ministry of State to be thereunto attixed. 
 
 Done at Neustrelitz, the 2d day of December, 1853. 
 
 [seal.] p. V. Kandorfp, 
 
 Grand Ducal Minister of State, 
 Drischow.. 
 
 MEXICO. 
 
 Concluded December 11, 1861 ; ratifications exchanged at Mexico May 20, 1862 ; 
 
 proclaimed June 20, 1862. 
 
 The United States of America and the United Mexican States, having 
 judged it expedient, with a view to the better administration of justice and 
 to the prevention of crime within their respective territories and jurisdic- 
 tions, that persons charged with the crijnes hereinafter enumerated, and 
 being fugitives from justice, should, under certain circumstances, be re- 
 ciprocally delivered up, have resolved to conclude a treaty for this pur-
 
 EXTRADITION. 57 
 
 pose, and have named as their respective Plenipotentiaries, that is to 
 say: 
 
 The President of the United States has ai»poiutcd Thomas Conviu, a 
 citizen of the United States, and their Envoy Extraordinary and Minister 
 Plenipotentiary near the Mexican Government ; and the President of the 
 United Mexican States has appointed Sebastian Lerdo de Tejada, a citizen 
 of the said States, and a Depiity of the Congress of the Union ; 
 
 Who, after having communicated to each other their respective full pow- 
 ers, found in good and due form, have agreed upon and concluded the fol- 
 lowing articles : 
 
 Articlk I. 
 
 It is agreed that the contracting parties shall, on requisitions made in 
 their name, through the medium of their respective diplomatic agents, de- 
 liver up to justice persons who, being accused of the crimes enumerated in 
 article third of the present treaty, committed within the jurisdiction of the 
 requiring l)arty, shall seek an asylum, or shall be found within the territo- 
 ries of the other : Provided, That this shall be done only when the fact of 
 the commission of the crime shall bo so established as that the laws of the 
 country in which the fugitive or the person so accused shall be found, would 
 justify his or her apprehension and commitment for trial if the crime had 
 been there committed. 
 
 Article II. 
 
 In the case of crimes committed in the frontier States or Territories 
 of the two contracting parties, requisitions may be made through their 
 respective diplomatic agents, or throug[h] the chief civil authority of said 
 States or Territories, or through such chief civil or judicial authority of 
 the districts or counties bordering on the frontier as may for this purpose 
 be duly authorized by the said chief civil authority of th(! said frontii'r 
 States or Territories, or when, from any cause, the civil authority of such 
 State or Territory shall be suspended, through the chief military olHcer in 
 command of such State or Territory. 
 
 Articmc III. 
 
 Persons shall be so delivered up who shall b(^ charged, according to the 
 provisions of this treaty, with any of the following crimes, whether as 
 principals, accessories, or accomplices, to wit: Murder, (inehiding assas- 
 sination, parricide, inlantieido, and ]»oiMnning;) assault with intent toconi- 
 mit murder; mutilation ; piracy; arson; rape; ki<lnai>ping, deliniiig the 
 same to bo the taking and carrying away of a f^;eo ])erson by forc<' or decep- 
 tion ; forgery, inelurlirig the forging or making, or knowingly imssing or 
 putting in circulation cr)iinterfeit coin or bank notes, <n-ot her paper current 
 as money, with intent todefraud any person or iiersons; tiie introduction or 
 making of instruments for the fabrication of counldrfeil <-oinor bank notes, 
 or other paper current as money ; embezzlement of jtublic^ ujoneys ; rob- 
 bery, defining the same to be th«5 IVOonious and I'orcilde taking from Iho 
 person of another of goods or money to any value, by violence or putting 
 him in fear; burglary, defining the same to be bnN'iking and entering into
 
 58 EXTEADITION 
 
 the house of another with iuteut to commit felony; and the crime of lar- 
 ceny of cattle, or other goods and chattels, of the value of twenty-five 
 dollars or more, when the same is committed within the frontier States or 
 Territories of the contracting parties. 
 
 Article IV. 
 
 On the part of each country the surrender of fugitives from justice shall 
 he made only by the authority of the Executive thereof, except in the case 
 of crimes committed withiu the limits of the frontier States and Territories, 
 in which latter case the surrender may be made by the chief civil authority 
 thereof, or such chief civil or judicial authority of the districts or counties 
 bordering on the frontier as may for this purpose be duly authorized by the 
 said chief civil authority of the said frontier States or Territories, or if, 
 from any cause, the civil authority of such State or Territory shall be sus- 
 pended, then such surrender may be made by the chief military officer in 
 command of such State or Territory. 
 
 Article V. 
 
 All expenses whatever of detention and delivery effected in virtue of the 
 preceding provisions shall be borne and defrayed by the Government or 
 authority of the frontier State or Territory in whose name the requisition 
 shall have been made. 
 
 Article VI. 
 
 The iJrovisions of the present treaty shall not be applied in any manner 
 to any crime or off"ence of a purely political character, nor shall it embrace 
 the return of fugitive slaves, nor the delivery of criminals who, when the 
 offence was committed, shall have been held in the place where the offence 
 was committed in the condition of slaves, the same being expressly forbid- 
 den by the Constitution of Mexico ; nor shall the provisions of the present 
 tieaty be applied in auy manner to the crimes enumerated in the third ar- 
 ticle committed anterior to the date of the exchange of the ratifications 
 hereof. 
 
 Neither of the contracting jiarties shall be bound to deliver uj) its owu 
 citizens under the stipulations of this treaty. 
 
 Article VII. 
 
 This treaty shall continue in force until it shall be abrogated by the 
 contracting parties, or one of them; but it shall not be abrogated except 
 by mutual consent, unless the party desiring to abrogate it shall give 
 twelve mouths' previous notice. 
 
 Article VIII. 
 
 The present treaty shall be ratified in conformity with the Constitutions 
 of the two countries, and the ratifications shall be exchanged at the city 
 of Mexico within six months from the date hereof, or earlier if possible. 
 
 In witness whereof we, the Plenipotentiaries of the United States of 
 America and of the United Mexican States, have signed and sealed these 
 presents.
 
 EXTRADITION 59 
 
 Done in the city of Mexico on the eleventh day of December, in the year 
 of our Lord one thousand eight hundred and sixty-one, the eighty-sixth of 
 the Independence of the United States of America, and the forty-first of 
 that of the United Mexican States. 
 
 [seal.] Thos. CoiiWiN. 
 
 [seal.] Seb'x Lekdo dk Tejada. 
 
 NETHERLANDS. 
 
 Concluded May2'2, 1880; Batificaiiona exchanged at Washington July 29, 1880; 
 
 proclaimed July 30, 1880. 
 
 The United States of America and His Majesty the King of the Nether- 
 lands having judged it expedient, with a view to the better administration of 
 justice and the prevention of crime vrithin their respective territories and 
 jurisdictions, that persons charged with, or convicted of, the crimes herein- 
 after enumerated, and being fugitives from justice, should under certain 
 circumstances, be reciprocally delivered up, have resolved to couclude a con- 
 vention for that purpose, and have appointed as their Plenipotentiaries : 
 
 The President of the United States : William Maxwell Evarts, Secretary of 
 State of the United States, and His Majesty the King of the Netherlands: 
 Jonkheer, Rudolph Alexander August Edward von Pestel, Knight of the 
 Order of the Netherlands Lion, His Majesty's Minister Resident in the 
 United States ; who, after having communicated to each other their respect- 
 ive full i)Owers, found in good and due form, have agreed upon and con- 
 cluded the following articles. 
 
 Article I. 
 
 The United States of America and His Majesty the King of the Nether- 
 lands reciprocally engage to deliver up to justice all persons convicted of or 
 charged with any o£ the crimes or ollences eniuiieratcd in the loUowing 
 article, committed within the respective jurisdiction of the United States 
 of America, or of the Kingdom of the Netheriaixls, exclusive of the Colonies 
 thereof, such persons being actually witbiii sncli jurisiliction when the 
 crime or offence was committed, who shall seek iin asylum or shall be 
 found within the jurisdiction of the other, e.xclnsive of the coloui«'8 of 
 the Netherlands: Provided, That this shall only bo doni- upon hucIi evi- 
 dence of criminality as, according to tin- laws of I he pl.-ico when? the fugitive 
 so charged sliall be found, would justify hlHaiiprehoiiHion and uommitmeut 
 for trial, if the crimeoroflbuco had been Ihoro committed. 
 
 Ahticlk. II. 
 
 Persons shall bo delivered u]i, according to the jtrovisions of this conven- 
 tion, who shall have been charged with, or convicted of, any of the follow- 
 ing crimes : 
 
 1. Murder, comprrOieiuling tin- crimes of nssassination, jjarricide, infanti- 
 cide, and poisoning.
 
 60 EXTRADITION. 
 
 2. The attempt to commit murder. 
 
 3. Kape. 
 
 4. Arson. 
 
 5. Burglary ; or the corresponding crime iu the Netherlands law under 
 the description of thefts committed in an inhabited house by night, and 
 by breaking iu, by climbing, or forcibly. 
 
 6. The act of breaking into and entering public offices, or the offices of 
 banks, banking-houses, savings-banks, trust companies, or insurance com- 
 panies, with intent to commit theft therein ; and also the thefts resulting 
 from such act. 
 
 7. Robbery; or the corresponding crime i^anished in the Netherlands 
 law under the description of theft committed with violence or by means of 
 threats. 
 
 8. Forgery, or the utterance of forged pagers including the forgery or 
 falsification of official acts of the Government or public authority or courts 
 of justice affecting the title or claim to money or property. 
 
 9. The counterfeiting, falsifying or altering of money, whether coin or 
 paper, or of bank notes, or instruments of debt created by National, State 
 or Municipal Governments, or coupons thereof, or of seals, stamps, dies or 
 marks of state ; or the utterance or circulation of the same. 
 
 10. Embezzlement by public officers charged with the custody or receipt 
 of public funds. 
 
 11. Embezzlement by any person or persons hired or salaried, to the det- 
 riment of their employers, where the off"ense is subject to punishment by 
 the law of the Netherlands as aius de confiance, if extradition is demanded 
 by the United States, or is subject to punishment as a crime in the United 
 States, if extradition is demanded by the Netherlands. 
 
 Article III. 
 
 The provisions of this Convention shall not apply to any crime or offence 
 of a political character, nor to acts connected with such crimes or offences ; 
 and no person surrendered under the provision hereof shall in any case be 
 tried or punished for a crime or offence of a political character, nor for any 
 act connected therewith, committed previously to his extradition. 
 
 Article IV. 
 
 The present Convention shall not apply to any crime or offence committed 
 previous to the exchange of the ratifications hereof ; and no person shall be 
 tried or punished after surrender for any crime or offence other than that 
 for which he was surrendered if committed previous to his surrender, unless 
 such crime or offence be one of those enumerated iu Article II. hereof, and 
 shall have been committed subsequent to the exchange of ratifications. 
 
 Article V. 
 
 A fugitive criminal shall not be surrendered under the provisions hereof 
 when, by lapse of time, he is exempt from prosecution or punishment for 
 the crime or offence for which the surrender is asked, according to the laws 
 of the country from which the extradition is demanded, or when his extra-
 
 EXTRADITION. 61 
 
 dition is asked for the same crime or oflfeuce for which he has been tried, 
 convicted or acquitted in that country, or so long as he is under prosecu- 
 tion for the same. 
 
 Article YI. 
 
 If a fugitive criminal, whose extradition may be claimed pursuant to tbe 
 stipulations hereof, be actually under prosecution for a crime or otience in 
 the country where he has sought asylum, or shall have been convicted 
 thereof, his extradition may be deferred until such proceedings be termi- 
 nated, and until such criminal shall be set at liberty in due course of law. 
 
 Article VII. 
 
 If a fugitive criminal claimed by one of the parties hereto shall also be 
 claimed by one or more powers, imrsuant to treaty provisions on account 
 of crimes committed within their jurisdiction, such criminal shall be deliv- 
 ered in preference in accordance with that demand which is the earliest in 
 date. 
 
 Article VIII. 
 
 Neither of the contracting parties shall be bound to deliver up, under the 
 stipulations of this convention, its own citizens or subjects. 
 
 Article IX. 
 
 The expenses of the arrest, detention, examination and transportation ot 
 the accused shall be paid by the government which has preferred the de- 
 mand for extradition. 
 
 Article X. 
 
 Everything found in the possession of the fugitive criminal, at the time 
 of his arrest, which may be material as evidence in makiug proof of the 
 crime, shall, so far as practicable according to the laws or practice in the 
 respective countries, be delivered uj) with his person at the tiiue of sur- 
 render. Nevertheless, the rights of third parties, with regard to all suih 
 articles, shall Ije duly respected. 
 
 Article XI. 
 
 Requisitions for tlie surrender of fugitives from justice shall \u\ made by 
 the respective diplomatic agnnts of the contracting ]iarties. In the pveiit, 
 of tln! absenefi of sucli agf-nts from tlH> country, or its seat of govenuneut, 
 refpiisition may be made by consular odicrrs. 
 
 When the person wliose extraditijui shall liave been asked, shall liave 
 been ertuvic^ted of tin- crinn-, ji copy of Ihi- sentence «tf the e<»urt in wliich 
 he may have hceii convicted, authenticated under its seal and aecoiui>anic(i 
 by an Btt<'8tation of the oflicial character of the judge by the proper aii- 
 tliority, shall bir furnished. 
 
 If, liowever, the fugitive is merely charged with crime, a <luly aulheuti- 
 cated copy of the warrant of arrest in the country wliere tlin crime was 
 committed, and of the d)-])o.sitions uikui which such warrant may have boon
 
 62 EXTRADITION. 
 
 issued, shall be produced, authenticated as above provided, with such 
 other evidence or proof as may be deemed competent in the case. 
 
 If, after an examination, it shall be decided, according to the law and 
 evidence, that extradition is due pursuant to this convention, the fugitive 
 shall be surrendered according to the forms of law prescribed in such 
 cases. 
 
 Apticle XII. 
 
 The present convention shall take effect on the twentieth day after its 
 promulgation in the manner prescribed by the laws of the respective coun- 
 tries. After the convention shall so have gone into operation, it shall 
 continue until one of the two parties shall give to the other six months 
 notice of its desire to terminate it. 
 
 This convention shall be ratified, and the ratifications shall be ex- 
 changed at Washington or the Hague as soon as possible. 
 
 In testimony whereof the respective Plenipotentiaries have signed the 
 present convention, in duplicate, and have hei'eunto affixed their seals. 
 
 Done at Washington, in the English and Dutch languages, on the 
 twenty-second day of May in the year of our Lord eighteen hundred and 
 eighty. 
 
 [seal.] William Maxwell Evarts. 
 
 [seal.] Rudolph von Pestel. 
 
 Concluded June 2, 1887 ; Ratifications exchanged May 31, 1889 ; Proclaimed 
 
 June 21, 1889. 
 
 The United States of America and His Majesty the King of the Nether- 
 lands having judged it expedient, with a view to the better administration 
 of justice and the prevention of crime within their respective territories 
 and jutisdictions, that persons charged with, or convicted of, the crimes 
 hereinafter enumerated, and being fugitives from justice, should, under 
 certain circumstances, be reciprocally delivered up, have resolved to con- 
 clude a new convention for that purpose, and have appointed as their 
 plenipotentiaries : 
 
 The President of the United States of America; Thomas F. Bayard, Sec- 
 retary of State of the United States, and 
 
 His Majesty the King of the Netherlands ; William Ferdinand Henry von 
 Weckherlin, His Majesty's Envoy Extraordinary and Minister Plenipoten- 
 tiary to the United States, who, after having communicated to each other 
 their respective full powers, found in good and due form, have agreed upon 
 and concluded the following articles : 
 
 Article I. 
 
 The United States of America and His Majesty the King of the Nether- 
 lands reciprocally engage to deliver up to justice all persons convicted of 
 or charged with any of the crimes or offences enumerated in the following 
 article, committed within the respective jurisdiction of the United States 
 of America, or of the Kingdom of the Netherlands, exclusive of the Colonies
 
 EXTRADITION. 63 
 
 thereof, snch persons being actually within sucli jurisdiction when the 
 crime or offence was committed, wlio shall seek an asylum or shall be found 
 •within the jurisdiction of the other, exclusive of the Colonies of the Neth- 
 erlands: Provided, That this shall only be done upou such evidence of 
 criminality as, according to the laws of the place where the fugitive so 
 charged shall be found, would justify his apprehension and commitment 
 for trial, if the crime or offence had been there committed. 
 
 Article II. 
 
 Persons shall be delivered up, according to the provisions of this conven- 
 tion, who shall have been charged with, or convicted of, any of the follow- 
 ing crimes: 
 
 1. Murder, including infanticide ; manslaughter. 
 
 2. Rape, bigamy, abortion. 
 
 3. Arson. 
 
 4. Mutiny, and rebellion on shipboard by two or more passengers against 
 the authority of the commander of the ship, or by the crew or part of the 
 crew, against the commander or the ship's officers. 
 
 5. Burglary ; or the corresponding crime in the Netherlands law under 
 the description of thefts committed in an inhabit (m1 house by night, and by 
 breaking in, by climbing, or forcibly. 
 
 6. The act of breaking into and entering public offices or the offices of 
 banks, banking-houses, savings-banks, trust-companies, or insurance com- 
 panies, witli intent to commit theft therein ; and also the thefts resulting 
 from such act. 
 
 7. Rol)bery ; or the corresponding crime ijiiiiisht'd in the Netluirlandslaw 
 under the description of theft committed with violence or by moans of 
 threats. 
 
 8. Forgery, or tlie utterance of forged papers including the forgery or 
 
 falsification of official acts of the Government or public authority or irts 
 
 of justice affecting the title or claim to money or property. 
 
 9. The counterfeiting, falsifying or altering of money, whether coin or 
 paper, orof instruments of debt created by national, state, i)ii)viucial, or uiu- 
 uiciiial govcrnnients, or coupons thereof, or ot liank-notes, or the nttoranco 
 or circulation of the same, or the counterfeiting, falsifying <>r alliTingof 
 the seals of .State. 
 
 10. Kmbezzlemcnt by public officers. 
 
 11. Embezzlement by any person or^persons hired or saliiried, to the det- 
 riment of their employers, when the ollfiice is subject to pnnislini.iit by 
 imi)ri.soniiient l»y the laws of lioth countries. 
 
 12. Destruction or loss of a vessel nii the liigb seas, or within the juris- 
 diction of the party asking the extradition, caused intentionally. 
 
 I'A. Kiiliiapjiing of niiiiors, defined to be tin; alidiiction or iletention of a 
 minor for any unlawful enil. 
 
 14. Obtaining by false devices money, valuables or other personal prop- 
 erty, and the imrchaHc of the Siinu* with the knowledge that tln^y Imvo 
 been so obtained, when the crimes or oU'enetis ani pnuisliable liy inipi ison- 
 ment or other corporal punishment by the laws of both countrien. 
 
 lb. Larceny, defined to be the theft of effects, personal piojterty, or 
 money.
 
 64 EXTRADITION. 
 
 16. Wilful aud unlawful deHtructiou or obstruction of railroads, wliicli 
 endangers buniai: life. 
 
 Extradition shall also be granted for complicity in any of tbe crimes or 
 oiieuces enumerated in this article, jiroA-ided that tbe persons cbarged with 
 or convicted of such coiui)licity may be pnnisbed as accessories with im- 
 prisonment of a year or more, by the laws of both countries. 
 
 Extradition may also be granted for the attempt to commit any of the 
 crimes above enumerated, when such attempt is punishable with impris- 
 onment of a year or more, by the laws of both contracting parties. 
 
 Article III. 
 
 The provisions of this convention shall not apply to any crime or oifence 
 of a political character, nor to acts connected with such crimes or offences ; 
 and no person surrendered under the provisions hereof shall in any case be 
 tried or punished for a crime or offence of a political character, nor for any 
 act connected therewith, committed previously to his extradition. 
 
 Article IV. 
 
 No person shall be tried or punished, after surrender, for any crime or 
 offence other than that for which he was surrendered, if committed previous 
 to his surrender, unless such crime or offence be one of those enumerated in 
 Article II hereof. 
 
 Article V, 
 
 A fugitive criminal shall not be surrendered under the provisions hereof 
 ■when, by lapse of time, he is exempt from prosecution or punishment for 
 the crime or offence for which the surrender is asked, according to the 
 laws of the coimlry from w^hich the extradition is demanded, or when his 
 extradition is asked for the same crime or offence for which he has been 
 tried, convicted or acquitted in that country, or so long as he is under, 
 prosecution for the same. 
 
 Article VI. 
 
 If the person whose extradition may be claimed pursuant to the stipula- 
 tions hereof, be actually under prosecution for a crime or offence in the 
 country where he has sought asylum, or shall have been convicted thereof, 
 his extradition may be deferred until such proceedings be terminated, and 
 until such criminal shall be set at liberty in due course of law. 
 
 Article VII. 
 
 If the person claimed by one of the parties hereto shall also be claimed 
 by one or more powers, pursuant to treaty provisions on account of crimes 
 committed within their jurisdiction, such criminal shall be delivered in 
 preference, in accordance with that demand which is tne earliest iu date. 
 
 Article VIII. 
 
 Neither of the contracting jiarties .shall be bound to deliver up, under 
 the stipulations of this convention, its own citizens or subjects.
 
 EXTRADITION. 65 
 
 Article IX. 
 
 The expenses of the arrest, detention, examination and transportation of 
 the accused shall be paid by the government which has preferred the 
 demand for extradition. 
 
 Article X. 
 
 All articles found in the possession of the fugitive criminal at the time of 
 his arrest, which were obtained through the commission of the act of 
 which ho is convicted or with which he is charged, or which may be ma- 
 terial as evidence in making proof of the crime, shall, so far as practicable 
 according to the laws or practice in the respective countries, be delivered 
 up with his person at the time of surrender. , Nevertheless, the rights of 
 third parties, with regard to all such articles, shall be duly respected. 
 
 Article XI. 
 
 Requisitions for the surrender of fugitives from justice shall be made by 
 the respective diplomatic agents of the contracting parties. In the event 
 of the absence of such agents from the couutry, or its seat of government, 
 requisition may be made by consular officers. 
 
 When the person whose extradition shall have been asked, shall have 
 been coiivicfed of the crime, a copy of the sentence of the court in which 
 he may have been convicted, authenticated under its seal and accom- 
 panied by an attestation of the ocficial character of the judge by the 
 proper authority, shall be furnished. 
 
 If, however, the fugitive is merely charged with crime, a duly authenti- 
 cated copy of the warrant of arrest in the couutry where the crime was 
 committed, and of the depositions upon which such warrant may have 
 issued, shall be produced, authenticated as aljovo provided, with such other 
 evidence or proof as may be deemed competent in the case. 
 
 If, after an examination, it shall be decided, according to the law and evi- 
 dence, that extradition is due pursuant to this conveution, the fugitive 
 shall be surrendered according to the forms of law prescribed in such cases. 
 
 Article XII. 
 
 It shall be lawful for any competent judicial authority of the United 
 States of America, upon ]>ro(luctiou of a certificate issued by tlm Sctn.'tai y 
 of State that reriuest has b<!<n made by t Ik; Government of the Netherljituls 
 for tlie provisional arrest of a person convicted or accuwul of tlui connniH- 
 sioD therein of a crime extraditable under this convention, and upon legal 
 complaint that such crime has been so ronimitted, to i.sHue his w.-irriiiit for 
 the appi<li('i)Hion of such person. J5ut if the fornuil re(|uisitioii lor sur- 
 render with the <locunientary jiroofs her«'inbe(bre prescribed be not made as 
 aforesaid, by the dii)lornatie agint, of the deiuainliiig government, ctr, in his 
 alisence, by a consular officer tliereof. wiililn forty days rnuii the dale of 
 the commitment of the person convicted or accused, the prisoner siiall be 
 dischargefl froin cuHlody. 
 
 And it shall be lawful for any eoin|i( lent jndieiiil autlif>rity of tlu< Neth- 
 erlands, upon prndiieriDU of a cerlifieate JHHued liy llie Minister of Toreign 
 !S. Ex. ">.■> 5
 
 66 EXTRADITION. 
 
 Affairs that reauest haa been made by the Government of the United States 
 for the provisional arrest of a person convicted or accused of the commis- 
 sion therein of a crime extraditable under this convention, to issue his 
 warrant for the api)reheusion of such person. But if the formal requisi- 
 tion for surrender with the documentary proofs hereinbefore prescribed be 
 not made as aforesaid by the diplomatic agent of the demanding govern- 
 ment, or, in his absence, by a consular officer thereof, within forty days 
 from the date of the arrest of the person convicted or accused, the prisoner 
 shall be discharged from custody. 
 
 Article XIII. 
 
 The present convention shall take effect on the twentieth day after its 
 promulgation in the manner prescribed by the laws of the respective coun- 
 tries. On the same day the Convention entered into by the two contract- 
 ing parties on the 22nd day of May, 1880, shall be abrogated and annulled. 
 But the present Convention shall be held to apply to crimes enumerated in 
 the former convention and committed prior to its abrogation and annull- 
 ment. And as to other crimes, the present convention shall not be held to 
 operate retroactively. 
 
 After the present convention shall have gone into operation, it shall con- 
 tinue until one of the two parties shall give to the other six months' notice 
 of its desire to terminate it. 
 
 This convention shall be ratified, and the ratifications shall be exchajiged 
 at Washington or The Hague as soon as possible. 
 
 In testimony whereof the respective plenipotentiaries have signed the 
 present convention, in duplicate, and have hereunto affixed their seals. 
 
 Done at the City of Washington the second day of June in the year of 
 our Lord, one thousand eight hundred and eighty-seven. 
 
 [SEAL.] T. F. Bayard. 
 
 [seal.] W. F. H. von Weckherlin. 
 
 NICARAGUA. 
 
 Concluded June 25, 1870 ; Baiificatlons exchanged at Managua June 24, 1871 ; 
 
 2)roclaimed Sej^temher 19, 1871. 
 
 The United States of America and the Republic of Nicaragua, having 
 judged it expedient, with a view to the better administration of justice, 
 and to prevention of crimes within their respective territories and juris- 
 diction, that persons convicted of, or charged with the crimes hereinafter 
 mentioned, and being fugitives from justice, should, under certain circum- 
 stances, be reciprocallj' delivered up, have resolved to conclude a conven- 
 tion for that purpose, and have appointed as their Plenipotentiaries: 
 
 The President of the United States, Charles N. Riotte, a citizen and Min- 
 ister Resident of the United States in Nicaragua, the President of the 
 Republic of Nicaragua, Mister Tomas Ayon, Minister for For[eigu] Rela- 
 tions ;
 
 EXTRADITION. 67 
 
 Who, after reciprocal commuuication of their full powers, found in good 
 and due form, have agreed upon the following articles, viz: 
 
 Article I. 
 
 The Government of the United States and the Government of Nicaragua 
 mutually agree to deliver up persons who, having heen convicted of or 
 charged with the crimes specified in the following article, committed 
 within the jurisdiction of one of the contracting parties, shall seek an 
 asylum or be found within the territories of the other : Provided, that this 
 shall only be done upon such evidence of criminality as, according to the 
 laws of the place where the fugitive or person so charged shall be found, 
 would justify his or her apprehension and commitment for trial, if the 
 crime had been there committed. 
 
 Article II. 
 
 Persons shall be delivered up, who shall have been convictel of, or be 
 charged, according to the provisions of this convention, with any of the 
 following crimes: 
 
 1. Murder, comprehending assassination, parricide, infanticide, and iioi- 
 soning. 
 
 2. The crimes of rape, arson, piracy, and mutiny on board a ship, whenever 
 the crew, or part thereof, by fraud or violence against the commander, 
 have taken possession of a vessel. 
 
 3. The crime of burglary, defined to be the action of breaking and enter- 
 ing by night into the house of another with the intent to commit felony ; 
 and the crime of robbery, defined to the action of feloniously and forcibly 
 taking from the person of another goods or money, by violence, or putting 
 him iu fear. 
 
 4. The crime of forgery, by which is understood the utterance of forged 
 papers, the counterfeiting of public, sovereign, or government acts. 
 
 5. Tiic fabrication or circulation of counterfeit money, cither coin or 
 paper, of public bonds, bank-notes, and obligations, and iu geiu'ral of all 
 titles of instruments of credit, the counterfeiting of seals, dies, stamps, 
 and marks of State and public administrations, and llio uttennice thereof. 
 
 (1. The (embezzlement of public moneys, (•<unuiilted within the juris- 
 diction of either party, by public officers or depositors. 
 
 7. Embe/zlement by any person or persons hired or saliiricd, to the 
 detriment of their employers, wlien tiie.se crimes arc sulijected (o inrunKins 
 puniHiinicnt. 
 
 Akticlk ill. 
 
 The provisions of this treaty shall not apply to any crime or olVen<<' of a 
 political clinractfr, and the ])erson or pcrs(Mis deliviTi-rl up for llu^ crimcH 
 enumerated in the i»rf'cediug article, hIimII in no case be tri(id for any 
 ordinary crime, committed previously to that for which his or llu-ir sur- 
 reniler is asked. 
 
 AiniCLK. IV. 
 
 If the jxTHon, whoso surrender uuiy be claimed pursuant to the stijJMla- 
 tious of the present treaty, shall havr been arrested for tin- coinmiMsion of
 
 68 EXTRADITION. 
 
 offences in the coimtry where he has sought an asylum, or shall have been 
 convicted thereof , his extradition may be deferred until he shall have been 
 acquitted, or have served the term of imprisonment to which he may have 
 been sentenced. 
 
 Article V. 
 
 Requisitions for the surrender of fugitives from justice shall be made by 
 the respective Diplomatic Agents of the contracting parties, or, in the 
 event of the absence of these from the country or its seat of government, 
 they may be made by superior consular officers. If the person whose extra- 
 dition may be asked for shall have been convicted of a crime, a copy of 
 the sentence of the court in which he may have been convicted, authenti- 
 cated under its seal, and an attestation of the official characterof the judge 
 by the proper executive authority, and of the latter by the Minister or Con- 
 sul of the United States or of Nicaragua, resiiectively, shall accompany 
 the requisition. When, however, the fugitive shall have been merely 
 charged with crime, a duly authenticated copy of the warrant of his ar- 
 rest in the country where the crime may have been committed, and of the 
 depositions upon which such warrant may have been issued, must accom- 
 pany the requisition as aforesaid. The President of the United States, or 
 the proper executive authority in Nicaragua, may then issue a warrant for 
 the apprehension of the fugitive, in order that he may be brought before 
 the proper judicial authority for examining the question of extradition. If 
 it should be decided that, according to law and evidence, the extradition 
 is" due pursuant to this treaty, the fugitive may be given up according to 
 the forms prescribed in such cases. 
 
 Article VI. 
 
 The expenses of the arrest, detention, and transportation of the persons 
 claimed shall be paid by the Government in whose name the requisition 
 shall have been made. 
 
 Article VII. 
 
 This convention shall continue in force during five (5) years from the 
 day of exchange of ratifications ; but if neither party shall have given to 
 the other six (G) months previous notice of its intention to terminate the 
 same, the convention shall remain in force five (5) years longer, and so on. 
 
 The present convention shall be ratified and the ratifications exchanged 
 at the capital of Nicaragua, or any other place temporally occupied by 
 the Nioaraguan Government, within twelve (12) months, or sooner if pos- 
 sible. 
 
 In witness whereof the respective Plenipotentiaries have signed the pres- 
 ent convention in duplicate, and have thereunto affixed their seals. 
 
 Done at the city of Managua, capital of the Republic of Nicaragua, the 
 twenty-fifth day of June, one thousand eight hundred and seventy, of the 
 Independence bf the United States the ninety-fourth, and of the Independ- 
 ence of Nicaragua the fifty-ninth. 
 
 [seal.] ■ Charles N. Riotte. 
 
 [seal.] Tomas Ayon.
 
 EXTRADITION. 69 
 
 DECLAKATION OF ACCESSION TO THE CONVENTION FOR THE EXTRADI- 
 TION OF CRIMINALS. FUGITIVE FKOlXf JUSTICE, OF JUNE 16. 18.i2. BE- 
 TWEEN THE UNITED STATES AND PRUSSIA AXD OTHER STATES OF 
 THE GERMANIC CONFEDERATION, AND TO ADDITIONAL ARTICLE 
 THERETO OF NOVEMBER 16, 1852. 
 
 Sigiud Decemier 30, 1853; proclaimed March 21, 1853. 
 
 [Translation.] 
 
 Wberciis a tieaty for the reciprocal extradition of fugitive criminals, in 
 special ca.se.>*, was concliKled between Prussia and other States of tbe Ger- 
 manic Con federal Ion, on tbe one band, and tbe United States of North 
 America on tbe other, under date of June 16th, 1852, at Wasbingtou, by 
 the Plenipotentiaries of the contracting parties, and has been ratilied by 
 the contracting Governments; and -whereas, in the second article of the 
 same, tbe United States of North America have declared that they agree 
 that the stipulations of the aforesaid treaty shall be applicable to every 
 other State of tbe Germanic Confederation which shall have subsequently 
 declared its accession to the treaty : Now, therefore, in accordance there- 
 with, tbe Government of His Royal Highness tbe Grand Duke of Olden- 
 burg hereby declaresits accession to tbe aforesaid treaty of June 16th, 1852, 
 which is, M-ord for word, as follows; 
 
 [Tbe oiiginal declaration here includes a copy in German of the treaty of 
 June 16, 1852, and of the additional article thereto of November 16, 1852.] 
 and hereby expressly gives assurance that each and every article and stipu- 
 lation of this treaty shall be faitbfully observed aud enforced within the 
 territory of the Grand Duchy of Oldenburg. 
 
 In testimony whereof, the Grand Ducal Minister of State of Oldenburg, 
 in the name of His Royal Highness tbe Grand Duke of Oldenburg, has ex- 
 ecuted the present declaration of accession, aud caused the Ministerial seal 
 to be affixed thereto. 
 
 Done at Oldenburg, December thirtieth, one thousand eight hundred and 
 tifty-tbree. 
 
 [SEAL.] Vox RossiNG, 
 
 Grand Ducal Minister of State of Oldtnhurg. 
 
 ORANGK FIIEE STATE. 
 
 Concluded December 22, 1871 ; HalifieutionH eiehmnjed at ]VaHhin<jion August 
 18, 1H73 ; jiroelaimid Aiif/uHt 23, 1873. 
 
 AUTICLK \'III. 
 
 The United States of America and the Orange Free State, on requisitiouH 
 made in their name through the medium of tlieir reHpe<-tive dii>Iomali<' or 
 cou.sular agents, shall deliver up to justice persons who, being (•liarg«'d 
 with tlu! crimes enumerated in the following article, committed within tbe
 
 70 EXTRADITION. 
 
 jurisdiction of the requiring party, shall seek asylum or shall be found 
 \rith the territories of the other. 
 
 Provided, That this shall be done only, when the fact of the commission 
 of the crime shall be so established as to justify their apprehension and 
 commitment for trial, if the crime had been committed in the country 
 where the person so accused, shall be found. 
 
 Article IX. 
 
 Persons shall be delivered up according to the provisions of this conven- 
 tion, who shall be charged with any of the following crimes, to wit: Mur- 
 der, (including assassination, parricide, infanticide, and poisoning ;)attemj)t 
 to commit murder, rape, fogery or the emission of forged papers, arson, 
 robbery with violence, intim[idjation or forcible entry of an inhabited 
 house, piracy ; embezzlement by public officers, or by persons hired or 
 salaried to the detriment of their employers, when these crimes are subject 
 to infamous punishment. 
 
 Article X. 
 
 The surrender shall be made by executives of the contracting parties 
 respectively. 
 
 Article XI. 
 
 The expense of detention and delivery effected pursuant to the preceding 
 articles, shall be at the cost of the party making the demand. 
 
 Article XII. 
 
 The provisions of the aforegoing articles relating to the surrender of 
 fugitive criminals, shall not apply to offences committed before the date 
 hereof, nor to those of a political character. 
 
 OTTOMAN PORTE. 
 
 Concluded August 11, 1874 ; Ratifications exchanged at Constantinople April 22, 
 1875 ; proclaimed May 26, 1875. 
 
 The United States of America and His Imperial Majesty the Sultan, 
 having judged it expedient, with a view to the better administration of 
 justice and to the prevention of crimes within their respective territories 
 and jurisdiction, that persons convicted of or charged with the crimes here- 
 inafter specified, and being fugitives from justice, should, under certain 
 circumstances, be reciprocally delivered up, have resolved to conclude a 
 convention for that purpose, and have appointed as their Plenipotenti- 
 aries : 
 
 The President of the United States George H. Boker, Minister Resident 
 of the United States of America near the Sublime Porte ; aud His Imperial 
 Maje.sty the Sultan, His Excellency A. Aarifi Pasha, his Minister for For-
 
 EXTKADITIOX. 71 
 
 eign Affairs ; who, after reciprocal commnnication of their full powers, 
 fouud in good and due form, have agreed upon the followiug articles, to 
 wit : 
 
 Art. I. 
 
 The Government of the United States and the Ottoman Government 
 mutually agree to deliver up persons who, having heen convicted of or 
 charged with the crimes specified in the following article, committed with- 
 in the jurisdiction of one of the contracting parties, shall seek an asylum 
 or be found within the territories of the other : Provided, That this shall 
 only be done upon such evidence of criminality as, according to the laws of 
 the place where the fugitive or person so charged shall be found, would jus- 
 tify his or her apprehension and commitment for trial, if the crime had 
 been there committed. 
 
 Art. II. 
 
 Persons shall be delivered up who shall have been convicted of, or bo 
 charged, according to the provipions of this convention, withany of the 
 following crimes : 
 
 1st. Murder, comprehending the crimes designatedby the terms of parri- 
 cide, assassination, poisoning, and infanticide. 
 
 2d. The attempt to commit murder. 
 
 3rd. The crimes of rape, arson, jiiracy, and mutiny on board a ship, when- 
 ever the crew, or iiart thereof, bj' fraud or violence against the eoniiiiaiider, 
 have taken possession of the vessel. 
 
 4tli. The crime of burglary, defined to be the action of breaking and en- 
 tering by night into the house of another with the intent to commit felony ; 
 and the crime of robbery, defined to be the action of feloniously and forci- 
 bly taking from the person of another goods or monej', by violence, or put- 
 ting him in fear. 
 
 r)th. The crime of forgery, by which is understood the utterance of forged 
 papers, the counterfeiting of public, sovereign, or government acts. 
 
 (3th. The fabrication or circulation of counterfeit money, either coin or 
 paper, of public bonds, bank-notes and obligations and in general of all 
 things, beiug titles and instruments of credit, the counterfoil lug of seals, 
 dies, stamps, and marks of state and public administrations and the utter- 
 ance thereof. 
 
 7th. Tljii embezzlement of public moneys committed within the jurisdic- 
 tion of cither party, by public officers or depositors. 
 
 dth. Enibfjzzleiueiitby uuy person or person hired or salaried, to tlu* dot- 
 riment of tlieir employers, when those crimes are subject (<> iiif;iiii<iii-^ pun- 
 ishment. 
 
 AliT. III. 
 
 The provisions of this treaty shall not apply to any crime or oflTonco of a 
 political (diaracter, and the person or pr^rsons <lolivered up for the crimes 
 enumerated in the preceding article shall in no vnno be tried for any ordi- 
 nary crime, committed previously to that for which hisortheirHurronderia 
 
 asked. 
 
 Art. IV. 
 
 If the person whose surrender may bo claimed, pursuant to the stipula- 
 tions of the present treaty, shall have been arrested for the commisHion of
 
 72 EXTKADITION. 
 
 oflFences in the country wliere lie has sought an asyhim, or shall have been 
 
 convicted thereof, his extradition may be deferred until he shall have been 
 
 acquitted, or have served the term of imprisonment to which he may have 
 
 been sentenced. 
 
 Art. V. 
 
 Requisitions for the surrender of fugitives from justice shall bo made by 
 the respective diplomatic agents of the contracting parties, or in the event 
 of the absence of these from the country, or its seat of government, they 
 may be made by superior consular officers. If the person whose extradition 
 may be asked for shall have been convicted of a crime, a copy of the sentence 
 of the court in which he may have been convicted, authenticated under its 
 seal and an attestation of the official character of the judge by the proper 
 executive authority, and of tlie latter by ihe minister or consul of the United 
 States or of the Sublime Porte, respectively, shall accompany the requi- 
 sition. When, however, the fugitive shall have been merely charged with 
 a crime, a duly authenticated copy of the warrant for his arrest in the coun- 
 try where the crime may have been committed, or* of the depositions upon 
 which such warrant may have been issued, must accompany the requisition 
 as aforesaid. The President of the United States or the proper executive 
 authority in Turkey may then issue a warrant for the ajiprehension of the 
 fugitive, in order that he may lie brought before the proper judicial au- 
 thority for examination. If it should then be decided that, according to 
 law and the evidence, the extradition is due pursuant to the treaty, the 
 fugitive may be given up according to the forms prescribed in such cases. 
 
 Art. VI. 
 
 The expenses of the arrest, detention, and transportation of the persons 
 
 claimed shall be paid by the government in whose name the requisition 
 
 has been made. 
 
 Art. VII. 
 
 Neither of the contracting parties shall be bound to deliver up its own 
 citizens under the stipulations of this treaty. 
 
 Art. VIII. 
 
 This convention shall continue in force during five (5) years from the day 
 of exchange of ratification, but if neither party shall have given to the 
 other six (6) mouths' previous notice of its intention to terminate the same, 
 the convention shall remain in force five years longer, and so on. 
 
 The present convention shall be ratified, and the ratifications exchanged 
 at Constantinople, within twelve (12) months, and sooner, if possible. 
 
 In witness whereof, the respective Plenipotentiaries have signed the 
 present convention in duplicate, and have thereunto affixed their seals. 
 
 Done at Constantinople the eleventh day of August one thousand eight 
 hundred and seventy-four. 
 
 [seal.] Geo. H. Boker. 
 
 [seal.] a. Aarifi. 
 
 * In the French text the word et (and) follows the word commis (com- 
 mitted).
 
 EXTRADITION. 73 
 
 PERU.* 
 
 Concluded Septeniber 12, 1870 ; Batifications exchanged a iLima May 28, lb74 ; 
 
 proclaimed July 27, 1874. 
 
 The United. States of America aufl the Republic of Pern, having judged 
 it expedient, ■^ith a view to the better administration of justice and the 
 prevention of crime within their respective territories :md jurisdictions, 
 that persons charged with the crimes hereinafter ennmerated should, un- 
 der certain circnmstances, be reciprocally delivered up, have resolved to 
 conclude a treaty for this purpose, and have named as their respective 
 Plenipotentiaries, that is to say: the President of the United States of 
 America has appointed Alvin P. Hovey, Envoy Extraordinary and Minister 
 Plenipotentiary of the United States of America near the Government of 
 the Republic of Peru; and the President of Pern has appointed His Excel- 
 lency Doctor Jo86 Loayza, Minister of Foreign Affairs of Peru ; who, after 
 having commnnicated to each other their respective full powers, found in 
 good and true form, have agreed upon and concluded the following ar- 
 ticles: 
 
 AUTICLK I. 
 
 It is agreed that the contracting parties shall, on requisitions made in 
 their name through the medium of their respective diplomatic agents, de- 
 liver up to justice persons who, being accused or convicted of the crimes 
 enumerated in Article II of the present treaty, committed within the juris- 
 diction of the requiring party, shall seek an asylum, or shall bo found 
 within the territories of the other : Provided, That this shall be done only 
 when the fact of the commission of the crime shall bo so established as 
 that the laws of the country in which the fugitive or the person so accused 
 shall be found would justify his or her apprehension and commitment for 
 trial if the crime had been there committed. 
 
 AUTICLK II. 
 
 Persons shall be so delivered up who shall b(! charged, acconling to tlio 
 provisions of this treaty, with any of the following crimes, wliclber as 
 principalis, accessories, or accomplices, to wit: 
 
 1. Murder, comprehending tho crimes of parricide, assaasinal ion, puis<ui- 
 ing, and infanticide. 
 
 2. Rajjc, abduction by force. 
 
 3. Bigamy. 
 
 4. Arson. 
 
 5. Kidnapping, defining tho same to bo the taking or carrying away of a 
 person by force or deception. ■ 
 
 6. Robbery, higliway robbciry, larceny. 
 
 7. Burglary, delined to bo the action of breaking and eiiti ring l)y iiigiit- 
 time into tho house of another person with the intent to commit a felony. 
 
 8. Counterfeiting or altering money, the introduction of fraiuluji-nt com- 
 merce of and in false coin and money; counterfeiting tho cerlilicatos or 
 
 Terminated March 31, 1886.
 
 74 EXTRADITION. 
 
 obligations of the Governinent, of bauk-uotes, and of any other documents 
 of public credit, the uttering and use of the same; forging or altering judi- 
 cial judgments or decrees of the Government or courts, of the seals, dies, 
 postage-stamps, and revenue-stamiJs of the Government, and the use of the 
 same ; forging i)ublic and authentic deeds and documents, both commercial 
 and of banks, and the use of the same. 
 
 9. Embezzlement of public moneys committed within the jurisdiction of 
 either party by public officers or bailees, and embezzlement by any persons 
 hired or salaried. 
 
 10. Fraudulent bankruptcy. 
 
 11. Fraudulent barratry. 
 
 12. Mutiny on board of a vessel, when the persons who compose the crew 
 have taken forcible possession of the same or have transferred the ship to 
 pirates. 
 
 13. Severe injuries intentionally caused on railroads, to telegraph lines, 
 or to persons by means of explosion of mines or steam-boilers. 
 
 14. Piracy. 
 
 Article III. 
 
 The provisions of the present treaty shall not be applied in any manner 
 to any crime or oftense of a purely political character, nor shall the pro- 
 visions of the present treaty be applied in any manner to the crimes enu- 
 merated in the second article committed anterior to the date of the ex- 
 change of the ratification hereof. Neither of the contracting parties shall 
 be bound to deliver up its own citizens under the stipulations of this treaty. 
 
 Article IV. 
 
 The extradition will be granted in virtue of the demand made by the 
 one Government on the other, with the remission of a condemnatory sen- 
 tence, an order of arrest, or of any other process equivalent to such order, 
 in which will be specified the character and gravity of the imputed acts, 
 and the dispositions of the penal laws relative to the case. The documents 
 accompanying the demand for extradition shall be originals or certified 
 copies, legally authorized by the tribunals or by a competent person. If 
 possible, there shall be remitted at the same time a descriptive list of the 
 Individual required, or any other proof towards his identity. 
 
 Article V. 
 
 If the person accused or condemned is not a citizen of either of the con- 
 tracting powers, the Government granting the extradition will inform the 
 Government of the country to which the accused or condemned may belong 
 of the demand made, and if the last-named Government reclaims the indi- 
 vidual on its own account for trial in its own tribunals, the Government 
 to which was made the demand of extradition may, at will, deliver the 
 criminal to the State in whose territories the crime was committed, or to 
 that to which the criminal belongs. If the accused or sentenced person 
 whose extradition may be demanded, in virtue of the present convention, 
 from one of the contracting parties, should at the same time be the subject 
 of claims from one or other Governments simultaneously for crimes or mis-
 
 EXTRADITION. 75 
 
 demeanors committed in their respective territories, lie or she shall be de- 
 livered up to that Government in whose territories the oftense committed 
 was of the gravest character: and when the offenses are of like nature and 
 gravity, the delivery will be made to the Government making the first de- 
 mand ; and if the dates of the demands be the eame, that of the nation of 
 which the criminal may belong will be preferred. 
 
 Article VI. 
 
 If the person claimed is accused or sentenced in the country where he 
 may have taken refuge, for a crime or misdemeanor committed in that 
 country, his delivery may be delayed until the definitive sentence releasing 
 him be pronounced, or until such time as he may have complied with the 
 punishment inflicted on him in the country where he took refuge. 
 
 Article VII. 
 
 • 
 
 In cases not admitting of delay, and especially in those where there is 
 danger of escape, each of the two Governments, authorized by the order for 
 apprehension, may, by the most expeditious means, ask and obtain the ar- 
 rest of the person accused or sentenced, on condition of presenting the said 
 order for apprehension as soon as may be possible, not exceeding four 
 months. 
 
 Article VIII. 
 
 All expenses whatever of detention and delivery effected in virtue of the 
 preceding i^rovisions shall be borne and defrayed by the Government in 
 whose name the requisition shall have been made. 
 
 Article IX. 
 
 This treaty shall commence from the date of the exchange of the ratifica- 
 tions, and shall continue in force until it shall be abrogated by the con- 
 tracting parties or one of them ; l^ut it shall not bo abrogated, «'xcoj)t by 
 mutual cousent, unless the party desiring to ulirngiite it sliall give twelve 
 months' previous notice. 
 
 Ann CM' X. 
 
 The present treaty shall lie ratilif<l in etdilmiiiily wiiii I lie cDnsliiuiions 
 of the two countries, and the ralili< Jitioiis shall be ex»!liaiigiMl nt the cities 
 of Washington or Lima, within eighteen months from the date hereof, or 
 sooner if possible. 
 
 In witness whereof we, the Plenipoteutiaries of the United States of 
 America and the I'epublic of Peru, havo signed and scaled these presentH. 
 
 Done in the city of Lima, in duplicate, English anil Spanish, this the 
 twelfth day of September, in the year of our Lord one thousand eiglil Iiun- 
 dred and seventy. 
 
 [SEAL.] ALVIN I'. HoVEY. 
 
 [seal.] JOSl^: J. L(»AVZA.
 
 76 EXTRADITION. 
 
 PEUSSIA AND OTHER STATES OF THE GERMANIC 
 
 CONFEDE RATION. 
 
 Concluded June 16, 1852 ; Ratifications exchanged at Washington May 30, 1853 ; 
 
 proclaimed June 1, 1853. 
 
 Whereas it is found expedient, for the better administration of justice 
 and the prevention of crinje within the territories and jurisdiction of the 
 parties respectively, that persons comniitting certain heinous crimes, be- 
 ing fugitives from justice, should, under certain circumstances, be recipro- 
 cally delivered up, and also to enumerate such crimes explicitly; and 
 whereas the laws and constitution of Prussia, and of the other German 
 States, parties to this convention, forbid them to surrender their own citi- 
 zens to a foreign jurisdiction, the Government of the United States, with a 
 view of making the convention strictly reciprocal, shall be held equally 
 free fA)m any obligation to surrender citizens of the United States: There- 
 fore, on the one part, the United States of America, and, on the other parf, 
 His Majesty the King of Prussia, in his own name, as well as in the name 
 of His Majesty the King of Saxony, His Royal Highness the Elector of 
 Hesse, His Royal Highness the Grand Duke of Hesse and on Rhine, His 
 Royal Highness the Grand Duke of Saxe- Weimar-Eisenach, His Highness 
 the DuliC of Saxe-Meiningeu, His Highness the Duke of Saxe-Alteuburg, 
 His Highness the Duke of Saxe-Coburg-Gotha, His Highness the Duke of 
 Brunswick, His Highness the Duke of Anhalt-Dessau, His Highness the 
 Duke of Anhalt-Bernbnrg, His Hiyhness the Duke of Nassau, His Serene • 
 Highness the Prince Schwarzburg-Rudolstadt, His Serene Highness the 
 Prince of Schwarzburg-Soudershausen, Her Serene Highness the Princess 
 and Regent of Waldeck, His Serene Highness the Prince of Reuss, elder 
 branch. His Serene Highness the Prince of Reuss, junior branch. His Se- 
 rene Highness the Prince of Lippe, His Serene Highness the Landgrave of 
 Hesse-Homburg, as well as the free city of Francfort, having resolved to 
 treat on this subject, have for that purpose appointed their respective 
 Plenipotentiaries to negotiate and conclude a convention, that is to say:' 
 
 The President of the United States of America, Daniel Webster, Secretary 
 of State, and His Majesty the King of Prussia in his own name, as well as 
 in the name of the other German Sovereigns above enumerated, and the free 
 city of Francfort, Frederic Charles Joseph von Gerolt, his said Majesty's 
 Minister Resident near the Government of the United States ; 
 
 Who, after reciprocal communication of their respective powers, have 
 agreed to and signed the following articles : 
 
 Article I. 
 
 It is agreed that the United States and Prussia, and the other States of 
 the Germanic Confederation included in or which may hereafter accede to 
 this convention, shall upon mutual reriuisitious by them or their ministers, 
 officers, or authorities, respectively made, deliver up to justice all persons 
 who, being charged with the crime of murder, or assault with intent to com- 
 mit murder, or piracy, or arson, or r<tbbery, or forgery, or the utterance of 
 forged papers, or the fabrication or circulation of counterfeit money,
 
 EXTRADITIOX. 77 
 
 whetlier coin or paper money, or the embezzlement of public moneys com- 
 mitted within the jurisdiction of either party, shall seek an asylum, or 
 shall be found within the territories of the other : Provideil, That this shall 
 only be done upon such evidence of criminality as, acc6rding to the laws of 
 the place where the fugitive or person so charged shall be found, would 
 justify his apprehension and commitment for trial, if the crime or offence 
 had there been committed ; and the respective judges and other magistrates 
 of the two Governments shall have power, jurisdiction, and aulhority, 
 upon complaint made ujjou oath, to issue a warrant for the apprehension of 
 the fugitive or i^ersou so charged, that he may be brought before such 
 judges or other magistrates respectively, to the end that the evidence of 
 criminalty may be heard and considered ; and if, on such hearing, thei evi- 
 dence be deemed sufficient to sustain the ch;;rge, it shall be the duty of 
 the examiniug judge or magistrate to certify the same to the proper execu- 
 tive authority, that a warrant may issue for the surrender of such fugitive. 
 The expense of such apprehension and delivery shall be borne aud defrayed 
 by the party who makes the requisition and receives the fugitive. 
 
 Article II. 
 
 The stipulations of this convention shall bo applied to any other State of 
 the Germanic Confederation which may hereafter declare its accession 
 thereto. 
 
 Article III. 
 
 None of the contracting parties shall be bound to deliver up its own citi- 
 zens or subjects under the stipulations of this convention. 
 
 Article IV. 
 
 Whenever any person accused of any of the crimes enumerated iu this 
 convention shall have conmiitted a new crime in the territories of the State 
 where he has sought an asyliiiii, or shall bi? found, such jjorsou shall not be 
 delivered up under the stipulations of this convention until he shall Iiave 
 been tried, and shall have received the punishment due to such new crime, 
 or shall have been acquitted thereof. 
 
 Article V. 
 
 The present convention shall continue in force until tho Ist of January, 
 1858, and if neither party shall have given to tho other six uionthB' pri'- 
 vious notice of its intention them to teniiinatc the siinie, it shall furthc-r re- 
 main in force until the ciud of twelve njonths after either of the liigh con- 
 tracting parties shall have giviui notice to tho other of such intention; 
 each of the high contracting parties reserving to itself the right of giving 
 such notice to the other, at any time after the expiration of the said first 
 d;iy <if January, l'^.'J8. 
 
 Ahticlk VI. 
 
 Tho present convention shall be ratified by tho President, by and with 
 the advice and consent of the Senate of tho United States, and by tho Gov-
 
 78 EXTRADITION. 
 
 ernmeut of Prussia, aud the ratifications shall be exchanged atWashington 
 within six months from the date hereof, or sooner if possible. 
 
 In faith whereof we, the respective Plenipotentiaries, have signed this 
 convention, aud have hereunto afiSxed our seals. 
 
 Done in triplicate at Washingtou, the sixteenth day of June, one thou- 
 sand eight hundred and fifty-two, and the seventy-sixth year of the Inde- 
 pendence of the United States. 
 
 [seal.] Dan'l Webster. 
 
 [SEAL.] FR. v. GeROLT. 
 
 By the President of the United States of America. 
 
 ■ A PROCLAMATION. 
 
 Whereas it is provided by the second article of the convention of the 16th 
 of June, 1852, between the United States and Prussia and other States of the 
 Germanic Confederation, for the mutual delivery of criminals, fugitives 
 from justice, in certain cases, that the stii)ulations of that convention shall 
 be applied to any other State of the Germanic Confederation which might 
 thereafter declare its accession thereto ; 
 
 And whereas the Free Hanseatic city of Bremen has declared its acces- 
 sion lo the said convention, and the exchange of the said declaration for 
 my acceptance of the same was made at Washington on the 14th instant, 
 by Rudolph Schleiden, Minister Resident of the said Free Hanseatic city 
 of Bremen, and William L. Marcy, Secretary of State of the United States, 
 on behalf of their respective governments : 
 
 Now, therefore, be it known, that I, Fraxklix Pierce, President of the 
 United States of America, have caused this information to be made i>ublic, 
 in order that the stipulations of the said convention may be observed and 
 fulfilled with good faith in respect to the Free Hanseatic city of Bremen by 
 the United States and the citizens thereof. 
 
 In witness whereof I have hereunto set my hand and caused the seal of 
 the United States to be affixed. 
 
 Done at Washington the fifteenth day of October, in the year of our Lord 
 one thousand eight hundred and fifty-three, and of the Independence of the 
 United States the seventy-eighth. 
 
 [seal.] Franklin Pierce. 
 
 By the President : 
 
 W. L. Marcy, Secretary of State. 
 
 [Notice of the accession of the Governments of Mecklenburg-Schwerin, 
 Mecklenburg-Strelitz, Oldenburg, Schaumburg-Lippe, and Wiirtemburg to 
 the foregoing convention of June 16, 1852, with Prussia and other States of 
 the Germanic Confederation, and to the additional article thereto of Novem- 
 ber 16, 1852, with the date of such accession, and that of the proclamation 
 of the fact by the President, will bo found under the names of the respect- 
 ive States in their alphabetical order.]
 
 EXTRADITION. 79 
 
 SALVADOR. 
 
 Concluded May, 23, 1870 ; Unlifications exchanged at Washington, March 2, 
 1874; proclaimed MarchA, 1874. 
 
 The United States of America and the Eepublic of Salvador, having 
 judged it expedient, with a view to the better administration of justice, 
 and to the prevention of crimes within their respective territories and ju- 
 risdiction, that persons convicted of or charged with the crimes herein- 
 after specified, and being fugitives from justice, shoukl, under certain cir- 
 cumstances, be reciprocally delivered up, have resolved to conclude a 
 convention for that purpose, and have appointed as theii" Plenipotentia- 
 ries, the President of the United States, Alfred T. A. Torbcrt, Minister 
 Resident to Salvador; the President of the Eepublic of Salvador, Seuor 
 Doctor Don Gregorio Arbizu, Minister of Foreign Affairs; who, after a re- 
 ciprocal communication of their full powers, found in good and due form, 
 have agreed upon the following articles, to wit : 
 
 Article Ist. 
 
 The Government of the United States and the Government of Salvador 
 mutually agree to deliver up persons who, having been convicted of or 
 charged with the crimes specitied in the following article, couiuiitted with- 
 in the jurisdiction of one of the contracting parties, shall seek au asylum 
 or be found within the territories of the other: Provided, That this shall 
 only be done upon such evidence of criminality as, according to the laws 
 of the place where the fugitive or xjerson so charged siiall be I'ound, would 
 justify his or her apprehension and commitment for trial if tlio crim<' Imd 
 been there committed. 
 
 Article 2nd. 
 
 Persons shall bo delivered up who shall have been convicted of, or be 
 charged, according to the provisions of this convention, with auy of tli<( 
 
 following (-nMifs: 
 
 1. Murder, comprehending the crimes designated in the penal codes of the 
 
 contracting parties by the terms homicide, parricide, assnHsination, poison- 
 ing, and infant icido. 
 
 2. Tin; atttiiipt to commit murder. 
 
 :J. The crimes of rape, anson, piracy, and mutiny on board a ship, wlien- 
 evcrr the crow, or i)art tliercr)f, l)y fraud or violen<Mi against the eomm.ind.r. 
 have taken jtossession of the vessel. 
 
 4. The criuKj of burglary, dolined to bo t!io action of breaking and <'nt<T- 
 
 ing l)y night into the house of anolber witli llni inlmt t lumit f«^Iony ; 
 
 and the crime of robbery, defined to be the action of fcioniouHJy and forci- 
 bly taking from the jicrson of anotlier goods or money by violence, or put- 
 ting him in fear. 
 
 5. The crime of forgery, li.v w[li]ieli is un<lerNlood tiii-, iittcrancr of r.T.c.l 
 
 papers, the eonnterf.iiting of jmblic, sovereign, or governmeut acts. 
 
 G. The fabrication or circulation of counterfoit mon<>y, oilher coin or 
 paper, of public bonds, bank-notes, and obligations, and in general of all
 
 80 EXTRADITION. 
 
 things bcinjx titlosor instnimeiits of credit, the couuterfeitiug of seals, dies, 
 stamps, and marks of state and public admiuistration, and the utterance 
 thereof. 
 
 7. The embezzlement of public moneys, committed within the jurisdiction 
 of either party, by public oflicers or depositors. 
 
 8. Embezzlement, by any person or persons, hired or salaried, to the 
 detriment of their employers, when these crimes are subject to infamous 
 punishment. 
 
 Article 3rd. 
 
 The provisions of this treaty shall not apply to any crime or offence of a 
 political character ; and the person or persons delivered up for the crimes 
 enumerated in the preceding article shall in no case be tried for any ordi- 
 nary crime committed previously to that for which his or their surrender 
 is asked. 
 
 Article 4th. 
 
 If the person whose surrender may he claimed, pursuant to the stipula- 
 tions of the i^resent treaty, shall have been arrested for the commission of 
 offences in the country where he has sought an asylum,* shall have been 
 convicted therefor, his extraditiou may be deferred until he shall have been 
 acquitted or have served the term of imprisonment to which he may have 
 been sentenced. 
 
 Article 5th. 
 
 In no case and for no motive shall the high contracting parties be obliged 
 to deliver up their own subjects. If, in conformity with the laws in force 
 in the State to which the accused belongs, he ought to be submitted to crim- 
 inal procedure for crimes committed in the other state, the latter must com- 
 municate the information and documents, send the implements or tools 
 which were employed to perpetrate the crime, and procure every other 
 explanation or evidence necessary to prosecute the case. 
 
 Article 6th, 
 
 Requisitions for the surrender of fugitives from justice shall be made -by 
 the respective diplomatic agents of the contracting parties, or in the event 
 of the absence of these from the country, or its seat of government, they 
 ihay be made by superior consular officers. If the person whoso extradition 
 may be asked for shall have been convicted of a crime, a copy of the sen- 
 tence of the court in which he may have been convicted, authenticated 
 under its seal, and an attestation of the official c[h]aracter of the judge by 
 the proper executive authority, and of the latter by the minister or consul 
 of the Unite'! .States or of Salvador, respectively, shall accompany the 
 requisition. When, however, the fugitive shall have been merely charged 
 with crime, a duly-authenticated copy of the warrant for his arrest in the 
 
 * In the Spanish text the conjunction. " O " (or) appears after the word 
 " asilo" (asylum) ; the non-appearance of the corresponding word in the 
 English text appears to be a clerical omission.
 
 EXTRADITION. 81 
 
 country where the crime may have been committed, or the depositions upon 
 which such warrant may have been issued, must accompany the requisition 
 aforesaid. The President of the United States or the President of Salvador 
 may then issue a warrant for the apprehension of the fugitive, in order that 
 he may be brought before the proper judicial authority for examination. 
 If it should then be decided that, according to law and the evidence, the 
 extradition is due, pursuant to the treaty, the fugitive may be given up ac- 
 cording to the forms prescribed in such cases. 
 
 ,^ Article 7th. 
 
 The expenses of the arrest, detention, and transportation of the persons 
 claimed shall be paid by the government in whose name the requisition 
 shall have been made. 
 
 Article 8th. 
 
 This convention shall continue in force during (10) ten years from the day 
 of exchange of ratifications; but if neither party shall have given to the 
 other (6) six months' previous notice of its intention to terminate the same, 
 the convention shall remain in force ton years longer, and so on. 
 
 The present convention shall be ratified and the ratifications exchanged 
 at the city of Washington within (12) twelve mouths, and sooner if possible. 
 
 In witness whereof, the respective Plenipotentiaries have signed the 
 present convention in duplicate, and have thereunto affixed their seals. 
 
 Done at the city of San Salvador the twenty-third day of May, A. D. one 
 thousand eight hundred and seventy, and of the Independence of the United 
 States the ninety-fourth. 
 
 [SEAL.] Alfred T. A. Torbert. 
 
 [seal.] Grego. ARBIZtJ. 
 
 SCHAUMBUllG-IilPPE. 
 
 DECLARATION OF ACCESSION TO TIIK COXVKXTION l'X)H THE EXTRA- 
 DITION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 10, 18.VJ, HE- 
 TWEEN THE UNITED STATES AND PRUSSIA AND OTIIEli STATES OF 
 THE GERMANIC CONFEDERATION, AND TO ADDITIONAL AKTIfLE 
 THERETO OF NOVEMBER 10, 1852. 
 
 Dated June 7, 18.')4 ; proclaimed July 20, 18ri4. 
 [TraBHlatioD.] 
 
 Whereas a treaty for tlie recii)roc!il extradition of fugitive criininals, iu 
 special cases, was concluded bf^tweeu Prussia and other States of the* (ior- 
 nianic Confederation on the one baud, and tbe United Statenof North Amer- 
 ica on tlui other, under (bite of .June KJtb, IB.VJ, at Wasliington, by tbo 
 PlenipotentiarioH of Ww. rontrai ting ])artii'H, and bas bl•(^n ratilird l)y tbo 
 contracting Governinents; and wbereas, in flie second article of tlm sanio, 
 Iho United States of North Aincrica havr (lecl.irrd tliat tln-y !i;:n'<' tli.nt tiie 
 stipulations of the aforeiaid treaty shall be api'li'-.-itili 1<> .iny oiliir Slate of 
 
 S. Ex. 5.J (j
 
 82 EXTRADITION. 
 
 the Germanic Confederation which shall have suhsequeiitly declared its 
 accession to the treaty : Now, therefore, in accordance therewith, the Gov- 
 ernment of his Serene Highness the Reigning Prince of Schaunibnrg-Lippe, 
 hereby declares its accession to the afores.iid treaty of June 16th, 1852, which 
 is, word for word, as follows: 
 
 [The original declaration here includes a copy in German and English of 
 the treaty of June 16, 1852, and of the additional article thereto of November 
 16, 1852.] 
 
 and hereby expressly gives assurance that each and every article and stip- 
 ulation of this treaty shall be faithfully obsef^•ed and enforced within the 
 territory of the Principality of Schaumburg-Lippe. 
 
 In testimony whereof, the Government of the Prince, in the name of His 
 Serene Highness the Reigning Prince of Schaumburg-Lippe. has executed 
 the present declaration of accession, and caused the seal of the Government 
 to be thereunto affixed. 
 
 Done at Buckeburg, the seventh day of June, one thousand eight hun- 
 dred and fifty-four. 
 
 The Government of the Prince of Schaumburg-Lippe. 
 
 V. Sauer. 
 
 [seal.] Werner. 
 
 SPAIN. 
 
 Concluded January 5, 1877 ; Ratifications exclianged at Washington February 21, 
 1877 ; proclaimed February 21, 1877. 
 
 The United States of America and His Majesty the King of Spain having 
 judged it expedient, with a view to the better administration of justice 
 and the prevention of crime within their respective territories and jurisdic- 
 tions, that persons charged with or convicted of the crimes hereinafter 
 enumerated, and being fugitives from justice, should, under certain cir- 
 cumstances, be reciprocally delivered up, have resolved to conclude a Con- 
 vention for that purpose, and have appointed, as their Plenipotentiaries, 
 the President of the United States, Caleb Gushing, the Envoy Extraordi- 
 nary and Minister Plenipotentiary of the United States near the Govern- 
 ment of Spain; and His Majesty the King of Spain, His Excellency Don 
 Fernando Calderon y Collantes, his Minister of State, Knight Grand Cross 
 of the Royal and distinguished Order of Ciirlos Tercero, of those of Leo- 
 pold of Austria and of Belgium, of that of our Lord Jesus Christ of Portu- 
 gal, of the Savior of Greece, of the Holy Sepulchre, and of the Nishan 
 Iftijar of Tunis ; who, after having communicated to each other their re- 
 spective full powers, found in good and due form, have agreed upon and 
 concluded the following articles : 
 
 Article I. 
 
 It is agreed that the Government of the United States and the Govern- 
 ment of Spain shall, upon mutual requisition duly made as herein provided, 
 deliver up to justice all persons who maybe charged with, or who have
 
 EXTRADITION. 8.') 
 
 ■been convicted of, any of the crimes specified in Article II. of tli is Conven- 
 tion, committed within the jurisdiction of one of the contracting parlies, 
 •while said persons were actually within such jurisdiction when the crime 
 was committed, and who shall seek an asylum or shall be found witliin the 
 territories of the other ; provided that such surrender shall take place only 
 upon such evidence of criminality as, according to the laws of the place 
 where the fugitive or person so charged shall be found, would justify his 
 apprehension and commitment for trial if the crime or ofl'ence had been 
 there committed. 
 
 Article II. 
 
 Persons shall be delivered up, according to the provisions of this Conven- 
 tion, who shall have been charged with, or convicted of, any of the follow- 
 ing crimes: 
 
 1. Murder, comprehending the crimes designated by the terms of parri- 
 cide, assassination, jtoisoning or infanticide. 
 
 2. The attempt to commit murder. 
 
 3. Rape. 
 
 4. Arson. 
 
 5. Piracy or mutiny on board ship when the crew or other persons on 
 board, or part thereof, have, by fraud or violence against the commander, 
 taken possession of the vessel. 
 
 6. Burglary, defined to be the act of breaking and entering into the 
 house of another in the night time with intent to commit a felony therein. 
 
 7. The act of breaking and entering the offices of the Government and 
 public authorities, or the o9ices of banks, banking-houses, saving-banks, 
 trust companies, insurance companies, with intent to commit a felony 
 therein. 
 
 8. Robbery, defined to be the felonious and forcible taking from the per- 
 son of another, goods or money by violence or by putting him in fear. 
 
 9. Forgery, or the utterance of forged papers. 
 
 10. The forgery or falsification of the official act of the Government or 
 public authority, including courts of justice, or the uttering or fraudulent 
 use of any of tlie same. 
 
 11. The fabrication of counterfeit money, whcthercoiii or iia])(>r, counter- 
 feit titles or coupoos of public debt, bank-notes or ytlier inslrumouts of 
 public credit; of counterfeit seals, stamps, dies and marks of state or pub- 
 lic administrations; and tlie utlerance, circulation or fraudulent mho of 
 any of the above-mentioned objects. 
 
 12. Tlie embezzlement of public funds, commitled within the jurisdiction 
 of one <»r the other party, by public officers or depositaries. 
 
 13. EmbezzleuKmt by any person or persons, hired or salaried, to the 
 detriment of tlifir ejuployi.Ts, when tiiese crimes are subject to iiifinnous 
 punishment. 
 
 14. Kiiln:ip|)ing, dclincd to bo tln' dcti-ut ion of .a jn-rson or luisuns in 
 order lo exact nn»iioy I'rom them or for any other unlawful end. 
 
 Anrici.r, 111. 
 
 The prnvisioiiH <>f this Convention shall nf)t import claim of i-xtr.idition 
 for any crime or offence of a pidilical character, nor for acts connected with
 
 84 . EXTRADITION. 
 
 Bucli crimes or offences; and no person surrendered by or to either of the 
 coutrauting parties in virtue of this Convention, shall be tried or punished 
 for any political crime or offence, nor for any act connected therewith, com- 
 mitted previously to the extradition. 
 
 Article IV. 
 
 No person shall be subject to extradition in virtue of this Convention for 
 any crime or offence committed previous to the exchange of the ratifications 
 hereof; and no person shall be tried for any crime or offence other than 
 that for which he was surrendered, unless such crime be one of those 
 enumerated in Article II., and shall have been committed subsequent to 
 the exchange of the ratifications hereof. 
 
 Article V 
 
 A fugitive criminal shall not be surrendered under the provisions hereof 
 ■wheu, from lapse of time or other lawful cause, according to the laws of the 
 place within the jurisdiction of which the crime was committed, the crim- 
 inal is exempt from prosecution or punishment for the offence for which the 
 surrender is asked. 
 
 Article VI. 
 
 If a fugitive criminal, whose surrender maybe claimed pursuant to the 
 stipulations hereof, be actually under prosecution, out on bail or in custody, 
 for a crime or offence committed in the country where he has sought asylum, 
 or shall have been convicted thereof, his extradition may be deferred until 
 such proceedings be determined and until such criminal shall have been set 
 at liberty in due course of law. 
 
 Article VII. 
 
 If a fugitive criminal, claimed by one of the parties hereto shall be also 
 claimed by one or more powers jiursuant to treaty provisions on account of 
 crimes committed within their jurisdiction, such criminal shall be deliv- 
 ered, in preference, in accordance with that demand which is the earliest 
 in date. 
 
 Article VIII. 
 
 Neither of the contracting parties shall be bound to deliver up its own 
 citizens or subjects under the stipulations of this Convention. 
 
 Article IX. 
 
 The expenses of the arrest, detention, examination and transportation of 
 the accused shall be paid by the Government which has preferred the de- 
 mand for extradition.
 
 EXTRADITION. . 85 
 
 Article X. 
 
 Everything found in the possession of the fugitive criminal at the time of 
 his arrest, which may be material as evidence in making i^roof of the crime, 
 shall, so far as practicable, be delivered up with his person at the time of 
 the surrender. Nevertheless, the rights of a third party, with regard to 
 the articles aforesaid, shall be duly respected. 
 
 Article XI. 
 
 The stipulations of this Convention shall be applicable to all foreign or 
 colonial possessions of either of the two contracting parties. 
 
 Requisitions for the surrender of fugitives from justice shall bo made by 
 the respective diplomatic agents of the contracting parties. In the event 
 of the absence of such agents from the country or its seat of Government, 
 or where extradition is sought from a colonial possession of one of the con- 
 tracting parties, requisition may be made by superior consular officers. 
 
 It shall be competent for such representatives or such superior consular 
 officers to ask and obtain a mandate or preliminary warrant of arrest for the 
 person whose surrender is sought, whereupon the judg«s and magistratea 
 of the two Governments shall, respectively, have power and authority, 
 uj)on complaint made under oath, to issue a warrant for the apprehension 
 of the person charged, in order that he or she may be brought before such 
 judge or magistrate, that the evidence of criminality may be heard and 
 considered ; and if, on such hearing, the evidence bo deemed suflicient to 
 sustain the charge, it shall be the duty of the examining judge or magis- 
 trate to certify the same to the x'roper executive authority, that a warrant 
 may issue for the surrender of the fugitive. 
 
 If the fugitive criminal shall have been convicted of the crime for wiiich 
 his surrender is asked, a copy of the sentence of the court before which such 
 conviction took place, duly authenticated, shall be ])roduced. If, however, 
 the fugitive is merely charged with crime, a duly authenticated copy of 
 the warrant of arrest in the country where the crime was committed, and of 
 the depositions upon which such warrant uuiy have been issued, shall be 
 produced, with such other evidence or proof as may be deemed competent 
 in the ca^e. 
 
 Article XII. 
 
 This Convention shall continue in force from the day of the exchange of 
 the ratifications thereof, but either party nuiy at any time terminate the 
 same on giving to the other six mouths' notice of its inlontion so to do. 
 
 In tesliniony whereof, the rospeetivti Pieuipotttntiaries have signed the 
 present Convention in triplicate, and Iiave hereunto afllxod their seals. 
 
 Done at the city of Madrid, in trijilic'itc, Englinh and .SpanJKli, this fifth 
 day of January, in the year of onr Lord one tliousand eight liunilred ;unl 
 seventy-seven. 
 
 [SKAL.] CaLI-U (,'rsilING. 
 
 [seal.] FERNDO. CaLDKRON V COLLANTES
 
 86 EXTRADITION. 
 
 COXVEI^'TION FOR THE EXTRADITION OF CRIMINALS FUGITIVE FROM 
 JUSTICE, EEINGr SUPPLEMENTAL TO THE CONVENTION OF JANUARY 5, 
 1877. 
 
 Concluded August 7, 1882 ; Ratifications exchanged at Washington April 19, 
 1883 ; proclaimed April 19, 1883. 
 
 The President of the United States of America and His Majesty the King 
 of Spain, being satisfied of the propriety of adding some articles to the ex- 
 tradition convention conclnded between the United Statesand Spain on the 
 5th day of January, 1877, with a view to the better administration of justice 
 and the prevention of crime within their respective territories and jurisdic- 
 tions, have resolved to conclude a supplementary convention for that pur- 
 pose, and have apjjointed as their pleuiiioteutiaries : 
 
 The President of the United States, Frederick T, Freliughuysen, Esquire, 
 Secretary of State of the United States ; and His Majesty the King of Spain, 
 His Excellency Don Francisco Barca, Knight Grand Cross of the Koyal 
 American Order of Isabel la Catdlica, His Majesty's Envoy Extraordinary 
 and Minister Plenipotentiary near the Government of the United States; 
 
 Who, after having reciprocally exhibited their full powers, found in good 
 and due form, have agreed upon and concluded the following articles : 
 
 Article I. 
 
 Paragraph 5 of Article II. of the aforesaid Convention of January 5, 1877, 
 is abrogated, and the following substituted: 
 5. Crimes committed at sea : 
 
 (a) Piracy as commonly known and defined by the law of nations. 
 
 (b) Destruction or loss of a vessel caused intentionally, or conspiracy and 
 attempt to bring about such destruction or loss, when committed by any 
 person or persons on board of said vessel, on the high seas. 
 
 (c) Mutiny or conspiracy by two or more members of the crew or other 
 persons on board of a vessel on the high seas, for the piirpose of rebelling 
 against the authority of the captain or commander of such vessel, or by 
 fraud or violence taking possession of such vessel. 
 
 Paragraph 12 of said Article II. is amended to read as follows : 
 
 12. The embezzlement or criminal malversation of public funds commit- 
 ted within the jurisdiction of one or the other party, by public officers or 
 depositaries. 
 
 Paragraph 13 of said Article II. is likewise modified to read as follows: 
 
 13. Embezzlement by any person or persons hired, salaried or employed, 
 to the detriment of their employers or ijrincipals, when the crime or offense 
 is punishable by imprisonment or other corporal punishment by the laws 
 of both countries. 
 
 Paragraijh 14 of said Article II. is likewise modified to read as follows : 
 
 14. Kidnapi)ing of minors or adults, defined to be the abduction or deten- 
 tion of a person or persous, in order to exact money from them or from 
 their families, or for any other unlawful end. 
 
 Article II. 
 
 In continuation of and as forming part of Article II. of the aforesaid 
 Convention of January 5, 1877, shall be added the following paragraphs :
 
 EXTRADITION. 87 
 
 15. Obtaining b..' threats of injury, or false derices, money, valuables or 
 other personal proj-erty, and the purchase of thesauie with the knowledge 
 that they have been so obtained, when the crimes or oflenses are punish- 
 able by imprisonment or other corporal punishment by the laws of both 
 countries. 
 
 l(i. Larceny, defined to be the theft of eifects, personal property, or 
 money, of the value of twenty-five dollars or more. 
 
 17. Slave-trade, according to the laws of each of the two countries re- 
 spectively, y 
 
 18. Complicity in any of the crimes or offenses enumerated in the Con- 
 vention of January 5, 1877, as well as in these additional articles, provided 
 that the persons charged with such complicity be subject as accessories to 
 imprisonment or other corporal punishment by the laws of both countries. 
 
 Article III. 
 
 After Article XI. of the aforesaid Convention of January 5, 1877, shall be 
 inserted the two following articles: 
 
 Article XII. 
 
 If, when a person accused shall have been arrested in virtm- of the man- 
 date or preliminary warrants of arrest, issued bj- the competent authority 
 as i)rovided in Article XI, hereof, and been brought before a judge or mag- 
 istrate to the end of the evidence of his or her guilt being heard and 
 examined as hereinbefore provided, it shall appear that the mandate or 
 preliminary warrant of arrest has been issued in pursuance of a request 
 or declaration received by telegraph from the government asking for the 
 extradition, it shall be competent for the judge or magistrate at his dis- 
 cretion to hold the accused for a period not exceeding twenty-live days, so 
 that the demanding government may have opportunity to lay before such 
 judge or magistrate legal evidence of the guilt of the accused; and if, at 
 the expiration of said i>eriod of twenty-lKo days, such legal evidence .shall 
 • not have been produced before such judge or magistrate, the person ar- 
 rested shall bo released ; provided that the examination of the charges pre- 
 ferred against such accused person shall not be actually going on. 
 
 Article XIII. 
 
 In every case of a request made by either of the two contracting p.irtios 
 for the arrest, detention or extradition of fugitive criminals in pursuance 
 of the convention of January 5, 1877, and of these additional articles, the 
 legal ollicers or liscal ujinistry of the country where the juoceedings of ex- 
 tradition are had, shall assist the oflQcers of tho government <lenianding 
 the extradition, before the respective judges and magistrates, by every 
 legal means within their or its power; and no claim whattn'er for compen- 
 sation for any of I he services so rendered shall be made against the govern- 
 meut demanding tho extradition; ])rovided however that nnyolllceror 
 officers of the surrendering govcrnnKMit, so giving ftHHistauce, wlio shall, in 
 the usual course of their duty, receive no salary or conipiMiHation other tliiin 
 Bpecific fees for berrices performed, shall bo entitled to receive from the
 
 88 EXTRADITION, 
 
 government demanding ths extradition the customary fees for thi^ acts or 
 services performed by them, in the same manner and to the same amount 
 as though such acts or services liad been performed in ordinary criminal 
 proceedings under the laws of the country of which they are officers. 
 
 Article IV. 
 
 All the provLsions of the aforesaid convention of the 5th of January, 1877, 
 not abrogated by these additional articles, shall apjily to these articles with 
 the same force as to the said original Convention. y 
 
 This additional Convention shall be ratified and the ratifications ex- 
 changed at Washington as soon as may be practicable ; and upon the ex- 
 change of ratifications it shall have immediate effect, and form a part <>f 
 the aforesaid Convention of January 5, 1877, and continue and be termina- 
 ble in like manner therewith. 
 
 In testimony whereof the respective Plenipotentiaries have signed thn 
 present additional Convention in duplicate, in the English and Spanish 
 languages, and have hereunto affixed their seals. 
 
 Done at the city of Washington this 7th day of August in the year of our 
 Lord one thousand eight hundred and eighty-two. 
 
 [seal.] Fredk. T. Frelinghuysen. 
 
 [SEAL.] Franco Barca. 
 
 SWEDEIS^ AI!^r> NORWAY. 
 
 Concluded March 21, 1860 ; Raiificalions exchanged at Washington December 
 20, I860; liroclaimed December 21, 1860. 
 
 Whereas, it is found expedient, for the better administration of justice 
 ami the prevention of crime within the territories and jurisdiction of the 
 parties respectively, that person^ committing certain crimes, being fugi- 
 tives from justice, should, under certain circumstances, be reciprocally de- 
 livered up; and also to enumerate such crimes explicitly: The United 
 States of America on the one part, and His Majesty the King of Sweden 
 and Norway on the other part, having resolved to treat on this subject, 
 have for that purpose appointed their respective Plenipotentiaries to nego- 
 tiate and conclude a convention, that is to say : 
 
 The President of the United States of America, Lewis Cass, Secretary of 
 State of the United States, and His Majesty the King of Sweden and Nor- 
 way, Baron Nicholas William de Wetterstedt, Knight of the Orders of the 
 Polar Star and of St. Olaff, Commander of the Order of Dannebrog of Den- 
 mark, his said Majesty's Minister Resident near the Government of the 
 United States ; 
 
 Who, after reciprocal communication of their respective powers, have 
 agreed to and signed the following articles : 
 
 Article I. 
 
 It is agreed that the high contracting parties shall, upon mutual requisi- 
 tions by them, their Diplomatic or Consular Agents, respectively made.
 
 EXTRADITION. 89 
 
 deliver up to justice all persons who, being charged with or condemned for 
 any of the crimes enumerated in the following article, committed within 
 the jurisdiction of either party, shall seek an asylum or shall bo found 
 within the territories of the other : Provided, that this surrender and de- 
 livery shall not be obligatory on either of the high contracting parties ex- 
 cept upon presentation by the other, in original or in verified copy, of the 
 judicial declaration or sentence establishing the culpability of the fugitive, 
 and issued by the proper authority of the Government who claims the 
 Burrendtr, in case such sentence or declaration shall have been pronounced ; 
 said document to be drawn up and certified according to the forms pre- 
 scribed by the laws of the country making the demand. But if such sen- 
 tence or declaration shall not have been pronounced, then the surrender 
 may be demanded, and shall be made, when the demanding party shall 
 have furnished such proof of culpability as would have been sufficient to 
 justify the appn hension and commitment for trial of the accused if the 
 oflfence had been committed in the country where be shall have taken 
 refuge. 
 
 Article II. 
 
 Persons shall be so delivered up who shall have been charged with or 
 sentenced for any of the folfowing crimes, to wit: Murder, (including 
 assassination, parricide, infanticide, and poisoning,) or attempt to commit 
 murder; rape; piracy, (including mutiny on board a ship, whenever the 
 crew or part thereof, by fraud or violence against the commander, have 
 taken possession of the vessel;) arson; robbery and burglary; forgery, 
 and the fabrication or circulation of counterfeit money, whether coin or 
 paper money ; embezzlement by public officers, including appropriation of 
 I)ublic funds. 
 
 Articl?: III. 
 
 The expenses of any detention and delivery, effected in virtue of (ho jjto- 
 ceding provisions, shall be borne and defrayed by the j)arty who makes the 
 requisition and receives the fugitive. 
 
 Articlk IV. 
 
 NrithfT of the contracting i)arfies shiill be bound to deliver uj), under 
 the stipulalions of this convention, any person who, according to the laws 
 of the country where he shall bo found, is a citizen or a subject of tbosamo 
 at the time his surrender is demanded. 
 
 Article V. 
 
 The provisions of the present convention hliall not bo applied to any 
 crime or offence of a political character. 
 
 Ar.TICLK VI. 
 
 Whenever any person, accn.srd uf any <if the crimes enumerated in (liiu 
 convonfion, shall have committed a new crime in the territories of Mie .State 
 ■where he has sought an asylum or shall be found, sucli person shall not bo
 
 90 EXTRADITION. 
 
 delivered np under the stipulations of this convention until he shall have 
 been tried, and shall have received the punishment due to such new crime, 
 or shall have been acquitted thereof. 
 
 Article VII. 
 
 This convention shall not take effect until ten days after its publication, 
 made according to the laws of the respective Governments. 
 
 It shall remain in force until the eud of six mouths after either of the 
 high contracting parties shall ha^e given notice to the other of its inten- 
 tion to terminate the same. 
 
 It shall be ratified by the President of the United States, by and with the 
 advice and consent of the Senate thereof, and by His Majesty the King of 
 Sweden and Norway, and the ratifications shall be exchanged within ten 
 nionths from the date of its signature, or earlier if possible. 
 
 In faith whereof, the respective Plenipotentiaries have signed this con- 
 vention, and have hereunto affixed their seals. 
 
 Done in duplicate, at Washington, the twenty-first day of March, one 
 thousand eight hundred and sixty, and the eighty-fourth year of the Inde- 
 pendence of the United States. 
 
 [seal.] Lew. Cass. 
 
 [seal. ] 1 ' N. W. DE Wetterstedt. 
 
 SWITZERLAND. 
 
 Concluded November 25, 1850 ; Ratifications exchanged at Washington November 
 8, 1855 ; iwoclaimed November 9, 1855. 
 
 Article XIII. 
 
 The United States of j^merica and the Swiss Confederation, on requisi- 
 tions made in their name through the medium of their respective Diplo- 
 matic or Consular Agents, shall deliver up to justice persons who, beiag 
 charged with the crimes enumerated in the following article, committed 
 within the jurisdiction of the requiring party, shall seek asylum or shall be 
 found within the territories of the other: Provided, That this shall be done 
 only when the fact of the commission of the crime shall be so established 
 as to justify their apprehension and commitment for trial if the crime had 
 been committed in the country where the persons so accused shall be found. 
 
 Article XIV. 
 
 Persons shall be delivered up, according to the provisions of this conven- 
 tion, who shall be charged with any of the following crimes, to wit : 
 
 Murder, (iucludiug assassination, parricide, infanticide, and poisoning;) 
 attempt to commit murder; rape; forgery, or the emission of forged papers; 
 arson; robl^ry with violence, intimidation, or forcible entry of an inhab- 
 ited house ; piracy ; embezzlement by public officers, or by persons hired or 
 salaried to the detriment of their employers, when these crimes are subject 
 to iuf anions punishment.
 
 EXTRADITION. 91 
 
 Article XV. 
 
 On the part of tbe United States, the siirrencler shall be made only by the 
 authority of the Executive thereof; and on the part of the Swiss Coufed- 
 eration, by that of the Federal Council. 
 
 Article XVI. 
 
 The expenses of detention and delivery, effected in virtue of the preced- 
 ing articles, shall be at the cost of the party making the demand. 
 
 ' Article XVII. 
 
 The provisions of the^foregoiug articles relating to the surrender of fugi- 
 tive criminals shall not apj)ly to otiences committed before the date hereof, 
 nor to those of a political character. 
 
 TWO SICIIilES.* 
 
 Concluded October 1, 1855 ; Bailficaiions exchanged at Naples November 7, 185fi ; 
 
 2)roclaiincd December 10, 1856. 
 
 Article XXI. 
 
 It is agreed that every person who, being charged with or condemned for 
 any of the crimes enumerated in the following article, committed within the 
 Stat<!s of one the high contracting parties, shall seek asylum in the States, 
 or on board the vessels of war of the other party, shall be arrested and 
 consigned to justice on demand made, through the i)ropor dijilomatic chan- 
 nel, by the Goveiiiimiit within whoso territory the olVcnce shall havo been 
 com mil ted. 
 
 This surrender and delivery shall not, however, bo obligatory on either 
 of the liigh coutiacting parties until the other shall havo i)rescntc'd a copy 
 of the judicial declaration or sentence es1al)lishiug the culpability of the 
 fugitive, in case such sentence or declaration shall have been pronounced, 
 Uut if such Henttiice or declaration shall not have been pronounced, then 
 the (surrender may be demanded, and shall bo made, when the demanding 
 Government shall have furnished such proof as would have been Hudicieut 
 to justify the ai)prehfnsion, ami commitmeut for trial, of the a<'cused, if 
 the offence had been committed in the couutrv wIhtiIh) shall hav(' taken 
 refuge. 
 
 Article XXII. 
 
 Persons shall ]»', delivered up, according to the provisiouH of this treaty, 
 who shall be charged with any of the following crimes, to wit : 
 
 Murder, (including aHsassination, i«arrici(h', infanticide, and jioisouing ;) 
 atteinpttocominit murder; rape; piracy; arw.n ; tlieniaking and uttering 
 of false money, forgery, inclu<ling forgery of evidences of public debt, 
 
 * Obsolete ; place taken by treaty wilb Italy.
 
 92 EXTRADITION. 
 
 bank-bills, and bills of.eschange ; robbery witb violence ; intimidation or 
 forcible entry of au inhabited house ; embezzlement by public officers, in- 
 cluding apiiropriation of public funds ; when these crimes are subject, by 
 the code of the Kingdom of the Two Sicilies to the ininishment delta reclu- 
 sione, or other severer punishment, and by the laws of the United States to 
 infamous punishment. 
 
 Article XXIII. 
 
 On the part of each country, the surrender of fugitives from justice shall 
 be made only by the authority of the Executive thereof. And all expenses 
 whatever of detention and delivery, effected in' virtue of the preceding 
 articles, shall be at the cost of the party making the demand. 
 
 Article XXIV. 
 
 The citizens and subjects of each of the high contracting parties shall 
 remain exempt from the etipulations of the preceding articles, so far as 
 tbey relate to the surrender of fugitive criminals; nor shall they apply to 
 otfences committed before the date of the present treaty, nor to offences of 
 a political character, unless the political offender shall also have been 
 guilty of some one of the crimes enumerated in Article XXII. 
 
 VENEZUELA.* 
 
 Concluded August 27, 1S60 ; Eatifications exchanged at Caracas August 9, 1861 ; 
 
 proclaimed September 25, 1861. 
 
 Article XXVII. 
 
 The United States of America and the Republic of Venezuela, on requi- 
 sitions made in their name through the medium of their respective 
 Diplomatic and Consular Agents, shall deliver up to justice persons who, 
 being charged with the crimes enumerated in the following article, com- 
 mitted within the jurisdiction of the reriuiriug party, shall seek asylum or 
 shall be found within the territories of the other : Provided, That this 
 shall be done only when the fact of the commission of the crime shall be 
 80 established as to justify their apprehension and commitment for trial, 
 if the crime had been committed in the country where the persons so ac- 
 cused shall be found ; in all of which the tribunals of said country shall 
 proceed and decide according to their own laws. 
 
 Article XXVIII. 
 
 Persons shall be delivered up, according to the provisions of this conven- 
 tion, who shall be charged with any of the following crimes, to wit: mur- 
 der, (including assassination, parricide, infanticide, and poisoning ;) at- 
 tempt to commit murder; rape; forgery; the counterfeiting of money; 
 
 * Terminated October 22, 1870.
 
 EXTRADITION. 93 
 
 arson ; robbery -wito vioieace, iutimidatiou, or forcible entry of an inhab- 
 ited house; piracy; embezzlement by public officers, or by persons hired 
 or salaried, to the detriment of their employers, when these crimes are 
 subject to infamous iJuuishment. 
 
 Article XXIX. 
 
 On the part of each country the surrender shall bo made only by the au- 
 thority of the Executive thereof. The expenses of detention and delivery, 
 effected in virtue of the i^recediug articles, shall be at the cost of the party 
 making the demand. 
 
 Article XXX. 
 
 The provisions of the aforegoing articles relating to the surrender of fu- 
 gitive criminals shall not apply to offences committed before the date 
 hereof, nor to those of apolitical character. 
 
 WURTTE3I13ERG 
 
 DECLARATION OF ACCESSION TO THE CONVENTION FOR THE EXTRADI- 
 TION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BE- 
 TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF 
 THE GERMANIC CONFEDERATION. 
 
 Dated October 13, 1853 ; prodaimed December 27, 1853. 
 [Translation.] 
 
 Inasmuch as a convention for the reciprocal extradition of fugitive crim- 
 inals in certain cases, was concluded between Prussia and other States of 
 the Germanic Confed ration on the one hand, and the United States of 
 North America on tiio other, under date of June 16, 18.VJ, at Washington, 
 by the Plenipotentiaries of the contracting parties, and wasratili()d by the 
 contracting Governnujnts ; and wliereas, in the second article thereof, the 
 United States of North America declare that they agree that the stipula- 
 tions of the aforesaid co;ivcntiou shall be applied to any other State of tlio 
 Germanic Conftderation that shall subseiiuintly declare its accession to the 
 convention, now therefore, in jmrsuauce thereof, the Government of His 
 Majesty the King of WurttonibtMg declares its accession to the aforesaid 
 convention of June IGth, 1852, the text of which is word for word, as fol- 
 lows: [The original dfclaration here includes a copy, in German ami En- 
 glish of the convention of Juno Ki, 18.^2] and hereby gives the express aHsiir- 
 ance that each and every article and provision of this convention shall bo 
 faithfully observed and executed within tho territory of tho Kingdom of 
 Wurttciiil)erg. 
 
 In testimony whereof, the Royal Minister of Foreign Affairs of WUrttem- 
 berg has, in (he name of Ilis M.ijesty the King of Wiirttomberg, executed
 
 94 EXTRADITION. 
 
 this certificate of accession, and caused tlie Royal Official Seal to be there- 
 unto affixed. 
 Done at Stuttgart, October the 13th, 1853. 
 
 [SEAL.] VON NEURATH, 
 
 Boyal Minister of Foreign Affairs at WUrttemherg . 
 
 CONVENTION EELATIVE TO NAT CTR ALIZ ATION AND FOR EXTRADITION 
 
 OF CRIMINALS. 
 
 Concluded July 27, 1868 ; Ratifications exchanged at Stuttgart August 17, 1869 ; 
 exchange of ratifications consented to hy Senate March 2, 1870 ; proclaimed 
 March 7, 1870. 
 
 Article III. 
 
 The convention for the mutual delivery of criminals, fugitives from jus- 
 tice, in certain cases, concluded between WUrttemberg and the United 
 States the is June, 1852. remalus in force without change. 
 
 13 October, 1853, °
 
 ANALYSIS OF OFFENCES. 
 
 Abduction by force. — Peru. 
 
 Abortion. — Belgium, Luxemburg, Netherlands, 
 
 Arson. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, 
 Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, 
 Japan, Luxemburg, Mecklenburg-Schwerin, Mecklenburg-Strelitz, Mex- 
 ico, Netherlands, Nicaragua, North German Union, Oldenburg, Orange 
 Free State, Ottoman Porte, Peru, Prussia, Saxony, Hesse, Hesse and by 
 Rhine, Saxe- Weimar-Eisenach, Saxe-Meiningen, Saxe-Altenburg, Saxe- 
 Coburg-Gotha, Brunswick, Anhalt-Dessau, Anlialt-Bernburg, Nassau, 
 Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldock, Reuss 
 elder branch, Reuss junior branch, Lippe, Hesse-Homburg, Frankfort, 
 Salvador, Schaumburg-Lippe, Spain, Sweden and Norway, Swiss Con- 
 federation, Two Sicilies, Wiirttemberg. 
 
 Assassination. — Belgium, Dominican Republic, Ecuador, France, Hayti, 
 Italy, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, 
 Ottoman Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Con- 
 federation, Two Sicilies. 
 
 AssavU with intent to comviit murda: — Austria, Baden, Bavaria, Bremen, 
 Great Britain, Hanover, Japan, Mecklenburg-Schwerin, Mecklenburg- 
 Strelitz, Mexico, North German Union, Oldenburg, Prussia and other 
 states, Schaumburg-Lippe, Wiirttemberg. 
 
 Attempt to commit murder. — Belgium, Dominican Republic, Franco, Hayti, 
 Italy, Liixemliiirg, NetLerlands, Orange Free State, Ottoman Porte, Sal- 
 vador, Si>ain, Sweden and Norway, Swiss Confederation. Two Sicilies. 
 
 Attempt to commit rape. — Belgium, Luxemburg. 
 
 Hankruptcij, fruudnlt.nt — Peru. 
 
 Barratry, fraudulciit. — Peru. 
 
 Bigamy.— \M^\nn\, Luxemburg, Netherlands, Peru. 
 
 Breaking and entering public offices, etc, — Japan, Netherlands, Sjiaiu. 
 
 Breaking nil d entering the hous'' of another in the dag or night lime with intent 
 to commit felony. — Japan. 
 
 Burglary. — Belgium, Ecuador, France, Italy, Japan, Luxemburg, Mexico, 
 Netlnrlands, Nicaragua, Ottoman Porte, Peru, Salvador, S[)aiu, Swi-dtn 
 and Norwaj'. 
 
 Counterfeit money, fabrication or circulation of. — Austria, Badfii, {{.iv.ii i;i, 
 Belgium, i'>remeu, l>omiiii«!an Republic, E(Miador, Fraiuie, Il.inovcr, 
 Hayti, Italy, Jaitan, rjiix(?ml>urg, Mccklculiurg-Schwerin, Micklfiiliurg- 
 Strtlitz, Mexico, Ndtliirlands, Nicaragua, North German Union, Oidm- 
 borg, Ottoman Porte, Peru, Prussia and other Htalcs, Salvailor, Sclianm- 
 bnrg-Lipjii', Spain, Swedrn ami Norway, Two .Sicilies, Wiirtlrmltcrg ; and 
 tlie introduction of or making in-iirinnriiiH fur ihr rnlnii nUiiii n/'. Mi-xico. 
 
 '.»5
 
 9G EXTRADITION. 
 
 Coiiiiicrfeltjvg honds, hanh-notes, seals, dies, stamps, etc. — Belgium, Ecuador 
 Itiily, Japan, Luxemburg, Netherlands, Nicaragua, Ottoman Porte, Peru, 
 Salvador, Hpain, 
 
 Emhezzlnnent of inihlicmoney. — Austria, Baden, Bavaria, Bremen, Menklen- 
 burg-Sebwerin, Mecklenburg-Strelitz, Mexico, North German Union, 
 Oldenburg, Peru, Prussia and other countries, Schaumburg-Lippe, 
 Wiirttembcrg, 
 
 Emhezzlcment of public money 6.1/ puWic officers. — Belgium, Dominican Re- 
 public, Ecuador, Frauce, Hanover, Hayti, Italy, Japan, Luxemburg, 
 Peru, Netherlands, Nicaragua, Orauge Free State, Ottoman Porte, Sal- 
 vador, Spain, Sweden and Norway, Swiss Confederation, Two Sicilies. 
 
 Embezzlement by persons hired or salaried. — Belgium, Dominican Republic, 
 Fiance, Hayti, It<aly, Luxemburg, Netherlands, Nicaragua, Orange Free 
 State, Ottoman Porte, Peru, Salvador, Spain, Swiss Confederation. 
 
 Explosion, intentional, of mines or steam-boilers, causing severe injuries. — Peru. 
 
 Forged paper, utltrance of. — Bavaria, Belgium, Bremen, Ecuador, France, 
 Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxem- 
 burg, Mecklenburg-Schwerin, Mecklenljurg-Strelitz, Mexico, Nether- 
 lands, Nicaragua, North German Union, Oldenburg, Orange Free State, 
 Ottoman Porte, Prussia and other states, Salvador, Schaumburg-Lippe, 
 Spain, Swiss Confederation, Wiirttemberg. 
 
 Forgery. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Repub- 
 lic, Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, 
 Italy, Japan, Luxemburg, Mecklenburg-Schwerin, Mecklenburg-Strelitz, 
 Mexico, Netherlands, Nicaragua, North German Union, Oldenburg, Orange 
 Free State, Ottoman Porte, Pern, Prussia and other states, Salvador, 
 Schaumburg-Lippe, Spain, Sweden and Norway, Swiss Confederation, 
 Two Sicilies, Wiirttemberg. 
 
 Highway robbery. — Peru. 
 
 Horn icide. — Salvador. 
 
 Infanticide. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, 
 Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Otto- 
 man Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Confeder- 
 ation, Two Sicilies. 
 
 Kidnapping. — Italy, Mexico, Netherlands, Peru, Spain. 
 
 Larceny of goods and chattels of the value of$2b or uptvards. — Mexico, Spain. 
 
 Larceny. — Netherlands, Peru. 
 
 Alaliciows destruction of or attempt to destroy railways, public edifices, etc., when 
 the act endangers human life. — Japan. 
 
 Manslaughter. — Netherlands. 
 
 Murder. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, 
 Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, 
 Japan, Luxemburg, Mecklenburg-Schwerin, Mecklenburg Strelitz, Mex- 
 ico, Netherlands, Nicaragua, North German Union, Oldenburg, Orange 
 Free State, Ottoman Porte, Peru, Prussia and other states, Salvador, 
 Schaumburg-Lippe, Spain, Sweden and Norway, Swiss Confederation, 
 Two Sicilies, Wiirttemberg. 
 
 Murder, assault with intent to kill, and manslaughter on the high seas, committed 
 on vessels of demanding country. — Japan. 
 
 Mutilation. — Mexico.
 
 EXTRADITION. 97 
 
 J/«fiHi/.— Belgium, Ecuador, Italy, Luxemburg, Netherlands, Nicaragua, 
 Ottoman Porte, Peru, Salvador, Spain, Sweden and Norway. 
 
 Obtaining by threats or false devices, money, valuables, c/c— Netherlands, 
 Spain. 
 
 Parricide. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, 
 Lnxembui-g, Mexico, Netherlands, Nicaragua, Orange Free State, Otto- 
 man Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Confed- 
 eration, Two Sicilies. 
 
 Perjury, or the suhonialion of perjury. — Japan. 
 
 J'iraci/.— Austria, Baden, Bavaiia, Belgium, Bremen, Dominican Republic, 
 Ecuador, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, 
 Luxemburg, Mecklenburg-Schwerin, Mecklenburg-Strelitz, Mexico, Nic- 
 aragua, North German Union, Oldenburg, Orange Free State, Ottoman 
 Porte, Peru, Prussia and other states, Salvador, Schaumburg-Lippe, 
 Spain, Sweden and Norway, Swiss Confederation, Two Sicilies, Wiirt- 
 temberg, 
 
 PoiHoninfj. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, 
 Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Otto- 
 man Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Confedera- 
 tion, Two Sicilies. 
 
 Purchasing, knon- in gly, money, valuables, etc., obtained by false devices. — Nether- 
 lands. 
 
 Rape. — Belgium, Dominican Republic, Ecuador, Francs, Hayti, Italy, 
 Japan, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, 
 Ottoman Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Con- 
 federation, Two Sicilies. 
 
 Pecej)tion of articles obtained by means of one of the crimes specified in the con- 
 vention. — Belgium, Luxemburg. 
 
 Piobbery. — Austria, Baden, Bav.aria, Bidglum, Bremen, Dominican Re[>ublic, 
 Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, 
 Italy, Japan, Luxemburg, Mecklenburg-Schwerin, Mecklenburg-Strelitz, 
 Mexico, Netherlands, Nicaragua, North German Union, Oldenburg, 
 Orange Free State, Otioman Porte, Peru, Prussia and other states, Sal- 
 vador, Schaumburg-Lippe, Spain, Sweden and Norway, Swiss Confedera- 
 tion, Two Sicilies, Wiirttemberg. 
 
 Slave trade. — .Si)aiii. 
 
 Vessels, intentional destruction or loss of. — Netherlands, Spain. 
 
 TVilful and unlauful destruction or obstruction of railroads. — Belgium, l^ux- 
 embiirg, Netherlands, Peru. 
 
 Wilful injuries to telegraph lines. — Peru. 
 
 S. Ex. 55 7
 
 Appendix C. 
 
 PRACTICE IN VARIOUS COUNTRIES. 
 
 In November, 1888, the Departmeut of State instructed the 
 miuisters of the United States to make reports upon the prac- 
 tice of extradition in the countries in which they respectively 
 resided. The following information touching i^ractice in for- 
 eign countries is taken partly from those reports and partly 
 from other sources. The circular was as follows : 
 
 You are iustrncted to make, at an early day a report on the subject of 
 interuational extradition, as practiced by the Government to wliicb yon 
 are accredited. 
 
 Your report need not be contined to answers to specific questions, since 
 it Avonld be impossible for the Departmeut to anticipate all the matters 
 ■which you may find pertinent. But, for your guidauceas to the character 
 of the report desired, the following inquiries are suggested : 
 
 1. Does the Government to which you are accredited extradite in the 
 absence of a couventional obligation? If so, upon what conditions? Is 
 reciprocity required, or is the matter iu the absolute discretion of the Gov- 
 ernment ? 
 
 2. Is i>rovisional arrest and detention of a fugitive granted pending the 
 reception of a formal requisition for surrender, accompanied with the evi- 
 dences of crime relied upon to obtain extradition ? If so, what steps must 
 be taken by the demanding Government and its agents to secure such ar- 
 rest and detention ? Is a diplomatic requisition therefor necessary ; and, 
 if so, what must it contain ? How long can the fugitive be provisionally 
 detained ? Can provisional arrest and detention be obtained upon tele- 
 graphic information ? 
 
 3. By wliat authority are warrants of arrest issued ? If a warrant for 
 provisional arrest has been issued, is a new warrant required after receipt 
 of formal requisition ' Must complaint be made, and if so by whom, before 
 judicial authorities, to secure arrest and detention iu either case ? Can 
 arrest be secured on complaint before judicial authorities without prior ap- 
 plication to the Executive ? If arrest be so obtained, must the matter be 
 brought before the Executive to secure detention ? 
 
 4. How is the charge against the fugitive examined, and what is the 
 course of the examination ? Do the judicial authorities take any part in 
 it ? If so, what; and what report or finding do they make ? To whom is 
 it made, and to what extent is it binding on the Executive ? Must papers ' 
 be submitted to the Executive before they are presented to the judicial au- 
 thorities, and by whom must this be done ? 
 
 98
 
 EXTRADITION. 99 
 
 5. In what form are papers required to be authenticated ? 
 
 6. Hou- is the question of extradition finally decided, and in what form 
 is notice of the decision given to the demanding Government ? 
 
 7. How is seizure of property or effects of a fugitive secured ? And are 
 they delivered to the demanding Government? 
 
 8. When and where is a fugitive, whose extradition has been granted, 
 delivered to the authorities of the demanding Government? Is such de- 
 livery made at the place where the fugitive is detained, or at the frontier? 
 How soon must the fugitive be taken out of the country after his extradi- 
 tion has been granted ? 
 
 9. Is a right of transit across its territory of criminals surrendered by a 
 third state to a foreign Government conceded by the Government to which 
 you are accredited ? If so, on what conditions and in whose custody is the 
 fugitive conducted across such territory ? 
 
 10. What is the rule of the Government in respect to the payment of ex- 
 penses ? 
 
 You are instructed to forward to the Department, with your report, du- 
 plicate copies of the law of , if any, on the subject of extradition. 
 
 And in making your report you will take into consideration how far tliis 
 law may furnish a definite answer to the questions above stated. Tbe De- 
 partment desires full information on the points suggested, but does not wish 
 your written report to be unnecessarily amplified. 
 
 ARGENTINE REPUBLIC. 
 
 April 10, 1889, Mr. Ilatiiia inclosed to the Department a 
 translation of the articles of the criminal code of the Ar<;en- 
 tine Jlepublic of October 17, 1888, rehitinj,' to extradition, ;ind 
 a list of the country's treaties on the same subject. 
 
 [Inclosure 1. — Translation.! 
 
 Mode of procedure of the Argeniine Government in cases concerning extradilion. 
 
 AuT. G4G. The extradition of criminals, wliethcra^kcd for by thoRiqnililic 
 or granted at tlie request of aiioihiT nation, is allowed only — 
 
 (1) In cases determined by existing treaties. 
 
 (2) In the absence of treaties, in thoso cases in wliich extradition may 
 bo allowed according to the principleofrecijirocity or the uniform i>ractico 
 of nations. 
 
 Akt. ()47. Tbe judge liaviiig juiisdict ion in the cause againsl u criminal 
 absent in a foreign country sball alone be uompotent to take cognizi(ncii of 
 ibi- matter of bis extradilion. 
 
 In case it is asked (or by a foreign Government, Mie judge pn^siiling in 
 the district where tbe ]>erson required lives Hliaii liave juiisfliction. 
 
 Ai'.r. (ijM. Provided tiiere is a treaty, extradilion will be ;i.sl<ed lor or 
 
 (•(ill'edi'il . :ii<iir'l ill" to tj"' til.'IIMn r •iiirl cdiKt 1 1 inns lliriiirj | iii' >i ri I icil .
 
 100 EXTRADITION. 
 
 If there is no treaty, extraditiou sball be asked lor or conceded through 
 the diplomatic channel, according to the iirocedure and conditions estab- 
 lished in this Code. 
 
 Art. 649. The jndge who may have jurisdiction in the cause will ex- 
 ofiBcio, or at the instance of the party concerned, by decision based on legal 
 principles, grant and demand the extraditiou from the moment in which 
 on account of the state of the process and its result, the extradition should 
 be allowed. 
 
 Art. 650. Appeal may be taken from the decision by which the extradi- 
 tion is either granted or refused, shoukl such decree be made by a judge 
 of an inferior court. 
 
 Art. 651. The letter or communication asking for extradition, whether 
 by authorities of this country or by those of another, must be accompanied 
 by an authenticated transcript of the decision requiring such proceeding, 
 and also by the following documents : 
 
 (1) The sentence of conviction according to the form prescribed by law, 
 if the person claimed shall already have been convicted, or the warrant of 
 arrest issued by the competent courts, with the exact designation and the 
 date of the commission of the crime or offense, if the person has been in- 
 dicted or is resting under suspicion. Said papers will be forwarded in orig- 
 inal or in authenticated copies. 
 
 (2) All data and antecedents necessary to prove the identity of the per- 
 son whose extradition is demanded. 
 
 (3) An authenticated copy of the legal provisions applicable to the offense 
 with which the person is charged, according to the law of the respective 
 country. 
 
 Art. 652. When the demand of extradition is not authorized by treaty, 
 the national executive jiower, after taking the opinion of the Attorney- 
 General, will determine what is proper to be done. Should the decision be 
 adverse to the extradition, the requisition will be returned to the Govern- 
 ment or to the judge by whom it was issued, accompanied by a copy of the 
 Attorney-General's opinion and of the decision made. 
 
 In case the application is favorably received, the Government will forth- 
 with communicate with the judge of the district wherein the refugee is, 
 accompanied by all the antecedents, and notice shall be given to the for- 
 eign Government interested. When extradition is asked for by judges of 
 the Republic, the national executive power will direct a corresponding letter 
 to the Government of the nation where the refugee is, and will so advis( 
 the judge asking for the extradition. 
 
 Art. 653. The request for extradition having been jiassed to that judge 
 of the Republic who is to take cognizance of the case, he will order the de- 
 tention of the refugee and give him a hearing within forty-eight hours, for 
 the purpose of proving his identity, placing him at liberty immediately, if 
 it is found that proceedings were taken against him erroneously. 
 
 Art. 6.54. If the identity of the person is established by proof, prima 
 facie at least, he must be notified to name qnalifiod counsel for his defense 
 in the period of three days, it being the duty of the judge to do this, if the 
 accused refuses to do so in the time specified. 
 
 Art. 655. In the argument concerning the application for extradition, it 
 will not be permitted to traverse the intrinsic validity of the documents
 
 EXTEADITIOX. . 101 
 
 produced by tlie demanding Government, the determination being limited 
 to the following points : 
 
 (1) Identity of the person. 
 
 (2) Exiiiiimatiou of the extiinsic forms of tlie documents produced, 
 
 (:{) Whether the crime or offense is embraced in either of the cases men- 
 tioned in Article fi46. 
 
 (4) Whether the penalty adduced belongs to the category of penalties 
 which, by the laws of the deiuaudiug country, correspond to the crime or 
 offense in question. 
 
 (5) Whether the penal action or corresponding penalty is proscribed ac- 
 cording to the laws of the demanding country. 
 
 (G) Whether the decision or warrant of arrest, as the case may be, ema- 
 nates from the competent courts of the demanding country. 
 
 Art. fi.%. The counsel of the person claimed shall have six days to pre- 
 sent his defense, which the district attorney, who will necessarily be a 
 party in every case relating to extradition, shall be allowed to hold six 
 days for examination. 
 
 Art. 657. If there be neceasity to prove any facts, the case shall be re- 
 ceived for evidence, and with regard to this, and to the procidnre, tlie pro- 
 visions of this Code will determine. 
 
 Art. (5.08. At the end of the time allowed for proof, the judge, with the 
 pleadings before him, shall decide within ten days, and will declare whether 
 thi're IB or is not ground for granting the extradition. 
 
 Art. 6.59. An appeal from the decision of the judge of the section may bo 
 niade to the Supreme Court, which will brieiV^ and dohnitely determine 
 the matter, after taking the opinion of the Attorney-General. The orig- 
 inal papers will be passed to the minister for foreign attairs, retaining a 
 sutlicieut record thereof, and said determination will be forwarded to the 
 deiuaudiug Government. 
 
 Art. 660. No criminal extradited shall be tried for an oliense prior to that 
 for which his extradition was asked. 
 
 If on account of an offense committed previously to the order of extradi- 
 tion, but diseoveied subsequently tliereto, authorization should bo asked 
 to |»roHecute the person already eurrcndered, the demand, wJiich shall bo 
 a<eoiiipani<!d by the ])apeis relating to the process, in which shall be con- 
 tained the slateiiient of the |)ei.soii accused or a declaration sigm-d by him 
 that be lias no statement to make, shall be submitted to the judge of hcc- 
 tion, before whom tlie demand for his extradition shall liave como, and 
 from his decision there shall lie no apjieal. 
 
 Art. 661. The Argi-ntim^ Government may aulliorize the transit, through 
 tlie territory of the Kepiibliu, of a person surreiidoreil who is not an Argen- 
 tine citizen, willioiit any further re(piircmeiit than )h(^ jircsenlntion, 
 through the diplnmatic channel, of I he sentciuce, whereby ho has lieen eon- 
 dcinncd or the warrant issued for his arrest. 
 
 Art. (i6J. Tin; eonrtsemiiowered to delermine extradition cases will aino 
 have authority to determine whetlu;r pa|MU's and ollu^r things found on the 
 person of the presumed offender shall bo given up to the demanding Gov- 
 ernment eith(!r wholly or in i)art. 
 
 Art. •163. Letters rogatory, issued by a competent foreign mauistrafe in a 
 criminal matter not of a political character, shall bo presented ihrough
 
 102 . EXTRADITION. 
 
 the diplomatic cLannel, and sTiall be transmitted to the competent jndicial 
 authorities. 
 
 Art. 6t)4. In urgent cases they can be transmitted directly to the Argen- 
 tine authorities, who must act without delay, provided they are not in cou- 
 flict witli the laws of the Eepublic. 
 
 Art. 665. Citations in a criminal matter not of a political character, of 
 witnesses domiciled or residing in the Republic, shall not be admitted and 
 notice thereof shall not be given them, save on condition that snch wit- 
 nesses shall not be iirosecuted nor imprisoned on account of previous acts or 
 convictions, or as accomplices in the oflense then brought to trial. 
 
 Art. 606. If the person asked for is on trial, or is convicted for a crime 
 or oti'ense committed in the Republic, extradition shall be deferred until the 
 trial is finished or the penalty satisfied. 
 
 Art. 667. When, for the oQeuse which prompts the demand for extradi- 
 tion, there is a lighter penajty in the Republic, the accused person shall 
 not be extradited, save on condition that the courts of the country which 
 claims him shall impose on him the lighter penalty. 
 
 Art. 668. If the offender is demanded by more than one state at the same 
 time, preference shall be given to that state in which the greatest offense 
 was committed, and, in case of equal offense, to that state which first asked 
 for him. 
 
 Art. 669. If the criminal is an Argentine citizen, and elects to be judged 
 by the Argentine courts, the Government of the demanding nation may fur- 
 nish to said courts all the antecedents and proofs of the offense, in order 
 that he may be tried according to the laws of the Republic. 
 
 Art. 670. The delivery of all the effects which the accused may have 
 stolen in a foreign country, and which were found in his possession at the 
 time of his arrest, and the things which may serve as proof of the offense 
 of which he is charged, shallot course be included in the writ of extradi- 
 tion. 
 
 Art. 671. In case of urgency, the courts of the Reiiublic may order the 
 preliminary arrest of a foreigner in compliance with the direct request of 
 the judicial authorities of a country having an extradition treaty with the 
 Republic, provided that the existence of a sentence, or of a warrant of ar- 
 rest be established, and provided the nature of the crime for which the per- 
 son in question has been sentenced or is pursued be clearly determined. 
 
 The demand may be made by mail or telegraph, and at the same time 
 notice shall be given through the diplomatic channel to the minister for 
 foreign affairs. 
 
 The courts that have caused the arrest to be made shall immediately 
 give notice thereof to the minister for foreign affairs, through the minis- 
 ter of justice. 
 
 Art. 672. A foreigner arrested by virtue of the provisions of the forego- 
 ing article shall be immediately released, if within the period of fifteen 
 days, when the country concerned is one bordering on the Republic, and of 
 one month and a half in the case of all other countries, the Argentine 
 Government shall not receive in due form the demand, through the diplo- 
 matic channel, for extradition. 
 
 Art. 673. The preliminary arrest of a foreigner may likewise be ordered 
 at the request of a diplomatic officer, pending the arrival of the papers
 
 EXTRADITION. 
 
 103 
 
 necessary to be presented with the demand for extradition, and the provis- 
 ions of the two foregoing articles shall be applicable to these cases. 
 
 Art. 674. Every foreigner arrested by virtue of a demand for extradition 
 may ask for his provisional liberty, under bail, upon the same conditions 
 as if the offense charged had been committed in the Republic. (See 
 "Codigo de Procedimientos en lo Criminal," pp. 216-2'2o inclusive.) 
 
 [Incloaure 2.] 
 
 Statement showing page and volume of Argentine treaties ioucliing extradition. 
 (Coleccion de Traiados de la Eepnhlica Argentina.) 
 
 Conntrv. ' 
 
 ChUe ... 
 
 Do. 
 Brazil .. 
 
 Do. 
 Bolivia .. 
 
 Do. 
 
 Volume. 
 
 Page. 
 
 1 
 
 41.5,416 
 
 9 
 
 316-3-21 l| 
 
 i 
 
 bii^Ml 1 
 
 2 
 
 324^3J2 
 
 1 
 
 571,r.72 
 
 2 
 
 C 218-221 
 I 303-307 i| 
 
 
 Coantry. 
 
 Urugnay 
 Italy .... 
 Paraguay 
 Portusaf. 
 Spain 
 
 Volume. Page. 
 
 2 
 
 243-246 
 
 2 
 
 282-294 
 
 3 
 
 99-109 
 
 3 
 
 238-254 
 
 3 
 
 272-280 
 
 AUSTRIA-IIUXGARY. 
 
 Three reports have been received from the legation of the 
 United States at Viemia. The first, by Mr. Lawtou, of Janu- 
 ary 30, 1889, contains the following passages: 
 
 The Austrian Government has not, up to the present time, as far as 
 known to tliis legation, seen fit to enact any special laws in regard to the 
 question of cxtriMlition beyond the short extracts from the "Strafgesetz" 
 and "Strafgescfz Ordnung" enclosed herein. Such precedents and cus- 
 'onis as exist are based on the prevailing law of the Empire, an<l are, in 
 ach particular case, carried out in accordance with the i)rovision8 of the 
 treaty existing between Austria-Hungary and the power making request 
 for extradition. 
 
 Those treaties arc, fairly uniform in character, tliongh those coufluded 
 many years ago are necessarily less complete and precise ( lian those of later 
 •late. Especially may tliis be noticed as to the existing treaty between the 
 Unitf'd States and Austria-lluugary, concinded July '.\, l'^5(t. Many import- 
 ant i)rovisious, such as additional crimes for which rxtradilion can be 
 granted, the apprehension of fngitives by telegraph, delivery of urticles 
 -ei/.ed hi poH8«'ssioii of tlie jtersou to be surrendered, payment of the ex- 
 lienses of extradition, transportation across territory of a fugitive surren- 
 dered by a third jjower, etc., are entirely omitted in this treaty \\'\i\\ the 
 United States; and in addition it aftpears to lack the ciearnesss of thoso 
 iriorn recently concluded. 
 
 The treaties between Austria-ilungary and England (Uitii April, 1H74), 
 IJelgium (12th January, 1881), and Brazil ('ilst May, 1883) arc the most full 
 and complete, as well as the latest, jiegotiated 
 
 As by tlie Instructions of the Department circular I am directed to lake 
 into consideration how far the documents forwarded furnish a delinito
 
 104 EXTRADITION. 
 
 answer to the questions asked, and as a perusal of the treaties above men- 
 tioned will give full iuformatiou ou nearly all the points desired, I confine 
 myself, therefore, in this report, to questions which are not covered by the 
 treaties, and to additional miscellaneous information relating to the sub- 
 ject. 
 
 From information obtained through the ministry of foreign affairs, it has 
 been ascertained that the Austro-Hungarian Government will grant extra- 
 dition in the absence of a conventional obligation, in accordance with the 
 practice of the prevailing law of Austria and Hungary. 
 
 Extradition under such circumstances must, however, be reciprocal. 
 
 I am informed, that u^jon a report being made by the judicial authorities 
 to the minister of j ustice, stating whether extradition should or should not 
 be granted, such minister," after approving or disapproving the finding of 
 the lower courts, communicates in turn his decision to the imxierial and 
 royal ministry of foreign affairs. 
 
 The decision of the minister of justice is understood to be final, unless 
 the ministry of foreign affairs should show that it is not in accordance with 
 the particular treaty under which proceedings are taken. 
 
 The question of extradition is finally decided by the minister of justice, 
 after receiving a rej^ort of the decisions of the lower courts. He in turn 
 forwards his decision to the minister of foreign affairs for transmission, 
 diplomatically, to the demanding state. 
 
 Estiadition will not be granted — 
 
 (1) For political offences, always excepting attempts on the life of the 
 sovereign or members of his family. 
 
 (2) For crimes which have become outlawed. 
 
 (3) When the fugitive has been prosecuted and acquitted in the state 
 from which extradition is asked, for the same crime which has led to a de- 
 mand for his extradition, 
 
 ' (4) When the offence, committed outside of the state from which extra- 
 dition is requested, docs not, according to the laws of both the contracting 
 states, involve a punishment of a year's imprisonment or more. 
 
 (5) Nor will a fugitive be kept in arrest in the state to which he has been 
 surrendered on account of another previous crime, nor on any other grounds 
 than those of his surrender, unless such person has, after his surrender, had 
 ample opportunity of returning to the country whence he was surrendered. 
 
 Extradition will take place : For j)articipation in crimes as accessory 
 either before or after the fact, provided such participation be punishable 
 by the laws of both contracting countries. 
 
 If an individual whose extradition is demanded be also claimed by one 
 or several other powers on account of other crimes committed in their ter- 
 ritory, he shall be surrendered to the Government in whose territory his 
 greatest crime was committed, and if his crimes were all of the same grav- 
 ity, or a doubt exists as to which is the greatest, to the Government which 
 first made application for his surrender. 
 
 No requisition for a surrender can be based ou a conviction " in contu- 
 maciam." 
 
 The extradition shall not take place before the expiration of fifteen days 
 from the apprehension.
 
 EXTEADITIOX. 105 
 
 Requisitions should contain full description of the fugitive, and all in- 
 formation which may assist in his identification. 
 
 In case any doubt should arise as to the offence coming under the head of 
 those mentioned in a convention, explanation will be asked for, and after 
 due examination, the state from whom extradition is requested will de- 
 cide whether it shall be granted. 
 
 The second re])ort, also by Mr. Lawton, bears date February 
 ;^0, 1889, aud inclosed: (1) A translation of a note from the 
 ministry of foreign aftairs; (2) translation of rules governing 
 extradition of criminals in the Kingdom of Hungary : 
 
 [Inclosure 1 — Translation.] 
 Mr. Paaeiti to Mr. Lawion. 
 
 Vienna, February 2, 1889. 
 
 In the note of December 18th last, the envoy extraordinary and minister 
 plenipotentiary of the United States of America, Mr. A. R. Lawton, was 
 pleased to communicate to the imperial and royal minibtry of foreign affairs 
 his desire to obtain information relative to the extiaditi(»n vf criminals iu 
 Austria-Hungary, and the laws and treaties pertaining to the same. 
 
 The ministry of foreign affairs thereupon imme '.lately i)!aced itself in 
 correspondence with the ministeries of justice at Vienna and Budapesth, 
 aud now begs to transmit to the honorable envoy the desired information. 
 
 As regards the kingdoms and countries repre.sented in the Reichsrath, the 
 ministry of foreign affairs begs to place at the disposal of the honorable 
 envoy the accompanying pamphlet containing the provisions of the criminal 
 Jaw in force in the Austrian part of the empire ; the proceedings relating to 
 extradition ; the decrees promulgated and the treaties concluded up to the 
 year 1885. 
 
 or the treaties at present in force, the onlyone not contained iu tlio above 
 mentioned pamithlet is the one concluded with the principality of Monaco, 
 as its ratification took ])lace inunediately after i>ublication of the volume, 
 and copy of which bas, iis intimated in tlicestoemivl note, ]»r()b;il>ly nlrejuly 
 been procured at the imperial printing ollicc. 
 
 Tlie ministry of foreign allai is Inrtliermore begs in (iirect tlic aiieni ion 
 of the honorable envoy to I be fact tbat no formal extradition treaties (>xist 
 witli Denmark, Portugal, Turkey, Greece, and Roumania. 
 
 A iniitiial understanding, however, in ri'gar<l to the t^xtradi^ion (>!' crim- 
 inals, bas establislied itself by custom between Austria and llnngiiry "U 
 tlieone part and Turkey on tlie other. Extradition Iteing thereby sanc- 
 tioned (on condition of reciprocity) from Austria- Hungary to Turkey, un- 
 less "the criminal be a Christian, and rhr versa unb-ss be belong to (he 
 Moliammedan faith. 
 
 Tiie laws gov«frniug the extradition of criminalH in the connlrieH of tlie 
 fliiiigarian crown are given in the accompanying Hlatement. 
 
 The ministry of foreign ailairs linally begs (o remark that this stato- 
 inent contains the answers to the questions wliich the honorable envoy had 
 previously addre.H.sed to this ministry. It will, however, in due course,
 
 106 EXTRADITION. 
 
 transmit any supplementary communication wliich may be received from 
 the imperial royal ministries of justice at a later date. 
 
 The undersigned avails, etc. 
 
 For the minister of foreign affairs and imperial household, 
 
 M. Pasetti. 
 
 [Inclosnre 2 — Translation.] 
 Principles ruling the extradition of criminals in Huvganj. 
 
 The principles ruling the extradition of criminals are found partly in the 
 criminal laws and treaties concluded with foreign powers, partly also in 
 decisions and decrees of the minister of justice and of courts of law, ren- 
 dered in special cases, and which have become precedents. 
 
 The provisions of treaties are imperativelj' binding upon States with 
 whom such treaties have been concluded. 
 
 Inconsequence of Article III of the treaty of September 20th, 1870, relat- 
 ing to the naturalization of emigrants, the iirovisious of the extradition 
 treaty of July 3rd, 1856, between Austria-Hungary and the United States 
 are especially biudiug. 
 
 No special law of extradition exists in Hungary. A few i^rovisions gov- 
 erning the same are contained in the criminal laws. According to Article 
 V of the law of 1878, paragraph 17, a Hungarian subject can never be sur- 
 rendered to the authorities of a foreign state. Subjects of other parts of 
 the Empire can only be surrendered to their own state authorities. Para- 
 graph 14 of Article XI of the law of 1879 provides that no extradition can 
 be granted for a simple misdemeanor. 
 
 As regards civilized nations, in the case of a demand for extradition where 
 no treaty exists, on the assurance of reciprocity being given, the general 
 rules as to extradition will be applied as contained in the treaties most re- 
 cently negotiated with other states. 
 
 Proceedings in matters of extradition are usually taken by the courts 
 (and always when treaties so provide) on motion of the attorney-general 
 during the confinement of the fugitive. The judge then questions the 
 prisoner and carries on the further official examination as speedily as i)rac- 
 ticable. After the close of the examination the attorney-general makes a 
 motion based on the merits of the case and the court gives its decision. 
 The latter is officially submitted to the minister of justice, who, after due 
 deliberation, gives a final decision respecting extradition. 
 
 This decision is brought to the knowledge of the state asking for extra- 
 dition through diplomatic channels. 
 
 The third report, made by Mr. Grant, bears date August 16, 
 1889, and incloses a translation of a note from the Austro- 
 Hungarian Ministry of Foreign Affairs, which is as follows : 
 
 [Inclosure — Translation.] 
 Mr. Pasetti to Mr. Grant. 
 
 Vienna, August 10, 1889. 
 In the note of February 2, 1889, the Imperial Eoyal Ministry of For- 
 eign Atfairs had the honor of transmitting to the honorable Envoy Extra-
 
 EXTRADITION. 107 
 
 ordinary and Minister Plenipotentiary of the United States of America, 
 Frederick D. Grant, a collection of all the laws, regnlatious, and treaties 
 governing the extradition of criminals in Anstria-Huugary, with the infor- 
 mation that a supplement, furnishing additional answers to various ques- 
 tions asked, would be sent as soon as received from the Imperial Koyal 
 ministrj' of justice. The ministry of foreign alfairs uow begs leave to en- 
 close herewith to the honorable Envoy of the United States the informa- 
 tion subsequently obtained. 
 
 The first question: "Does the government extradite in the abseuco of a 
 conventional obligation ? " is answered in paragraphs 39, 40, and 41 of the 
 criminal law, according to which the granting of extradition is by no 
 means dependent upon the existence of a treaty stipulating the same. 
 
 In ca.se a treaty exists with a state, the question depends upon its pro- 
 visions, as there are some treaties where it is specially provided that extra- 
 dition will be granted only in case of transgressions specified. 
 
 If the treaty has no special provisions, the answer will depend upuu the 
 manner in which paragraphs 31) and 40 of the criminal law are construed. 
 
 Whenever any dift'ereuce of opinion has arisen upou this i)oiut and it has 
 been claimed that extradition, although not provided for by a treaty with 
 the government making the demand, should be granted, nevertheless, under 
 paragraph 39 of the criminal code, the rule adopted has been that the said 
 paragraph 39 is inapplicable to such cases within the meaning of paragraph 
 41 of the criminal code, in conformity to which procedure is regulated 
 where special treaties exist with foreign states for the reciprocal extradi- 
 tion of criminals. There exists no obligation to surrender crimiuals to 
 states with which no extradition treaty exists. 
 
 This practice has been followed constantly and for a long number of 
 years by the Imperial Royal ministry of justice, w^hich has jurisdiction of 
 all proceedings connected with extradition. 
 
 In view of this practice the next two questionfj,2 and 3, can be answered 
 only as far as regards states with which no treaty exists. 
 
 The second question: "Under what conditions will extradition bo 
 granted ? " is answered by paragraphs 38 and 39 of the criminal law, under 
 paragraph 59 of the code of criminal procedure. 
 
 Only foreiguers can be surrendered. Persons who were formerly such, 
 and have acquired Austrian or Ilniigarian citizenship afterwards, or after 
 committirg the crime, can not be surrendereil. 
 
 Whether a penson can bo surrendered, who at the time of tho perpetra- 
 tion of the crime abroad was an Austrian or Hungarian citizen, and I»e<amo 
 a foreigner afterwards, must be regarded as an open question. 
 
 Extradition takes place only for olVeneeH commit ted abroad; if the oll'enco 
 was partly committed in Austria-Hiuigary no extradition is grant cil. 
 
 If a -foreigner lias committed high treason sigainsl AiiHtria-HiiiigarN . or 
 has counterfeited Austrian mon<!y or Hoeurities, no extradition is granti-d. 
 
 Extradition takes place only for crimes punihliablo according to tho 
 crinunal law of Austria, but not for sinqile misdenu'auors or transgressions. 
 Political acts eoniriritted abroad, if not punisluible by tho criuiiiial laws of 
 Austria, can by no means constitute ground for extradition. 
 
 Extradition for iiolitical offences or actions connected therewith, is reg- 
 ularly refused for reaaons stated inmost of tho extradition treaties, al-
 
 108 EXTEADITION. 
 
 though the laws contaiu nothing positive on that point. An attemi^t on the 
 life of the chief of a foreign state, or a member of his family, if constitut- 
 ing murder, assassination, or poisoning, is not regarded as a political crime, 
 but will be treated as an act ^connected with sucli crime. 
 
 The act being liable to punishment, according to Austrian law, extra- 
 dition will not be granted if said punishment, according to Austrian law, 
 has become barred by statutory limitation, or if reasons exist for exemp- 
 tion from punishment. 
 
 Although paragraph 39 of the criminal law expressly provides that ex- 
 tradition is to be made to the state in which the crime was committed, and 
 that to this state the preference is undoubtedly to be given, yet constant 
 practice and common consent permit the surrender to be made also to an- 
 other state, provided tlie latter be competent to i^rosecute, according to 
 the general conditions of competency, and especially to that state of which 
 the fugitive is subject. 
 
 Paragraph 59 of the code of criminal procedure provides that the for- 
 eign authorities, who demand the extradition, shall immediately or within 
 proper time, produce such evidence astbe accused at the time of his arrest 
 could not overcome. 
 
 As regards the question: "Is reciprocity required, or is the matter in the 
 absolute discretion of the Government ?" it must be observed that reci- 
 procity iu the granting of extradition is always expected ; that several in- 
 stances are known where, in case of doubt, inquiry was iirst made before 
 it was granted, and that the Imperial Royal ministry of justice holds that 
 in the absence of reciprocity, surrender is not to be granted on the ground 
 of general international principles. 
 
 The fourth and last question is: "How is the question ot extradition 
 finally decided, and in what form is notice of the decision given to the de- 
 manding government?" 
 
 The first part of the question is fully answered in i^aragrapb 59 of 
 the code of criminal procedure, the provisions of which must be consulted. 
 
 The second part of the question can only be answered by saying that no 
 certain rules exist, but that in cases where diplomatic requisition is de- 
 manded the ministry of justice communicates through the ministry of for- 
 eign affairs with tbe diplomatic representative of the Government which 
 demands extradition, and that in the few rare instances where Austrian 
 courts of justice had to communicate directly with foreign authorities, 
 it was the duty of tbe court having immediate charge of the extradition 
 case to inform the foreign authority of the decision. 
 
 The undersigned avails,^etc.. 
 
 For the minister of foreign affairs. 
 
 M, Pasetti.
 
 EXTRADITION. 109 
 
 BELGIUM. 
 
 ■ From Belgium two reports liave been received. The first, 
 dated January 25, 1889, is from Mr. Parkliurst. It encloses a 
 translation of a note from the Prince de Chimay, minister for 
 foreign affairs, of January 19, 1889, which is as follows : 
 
 Mr. MixiSTf:R: By letter of the 3d of this month, your excellency kindly 
 proposed to nie dilierent rxuestious concerning the practice of extradition 
 in Belgium. I have the honor to respond to yonr excelUniey in the order 
 that the questions have been proposed. 
 
 1. The Belgian Government does not authorize extradition except in 
 virtue of treaties concluded by application of the law of the 15th March, 
 1874 ; reciprocity is a legal condition, and its own citizens can never be sur- 
 rendered. 
 
 •2. Provisional arrest and detention are made pending the reeepiiou oi an 
 explicit requisition for surrender ou the conditions in the concluded treaties. 
 
 As a principle, requisitions must contain the declarations required by the 
 treaty governing the case. The detention can be maintained during 1") 
 days if the arrest has been demanded by a country bordering on Belgium, 
 during three weeks if the countrj' does not border on Belgium, during three 
 months if the applying country is out of Europe. 
 
 Besides this, regard must be had to the conventional provisions, which, 
 however, may not be contrary to the law. 
 
 Provisional arrest can be obtained upon telegraphic information. Al- 
 though most of the conventions require that telegraphic information should 
 be transmitted through the diplomatic channels, as a mailer of fact, the 
 judicial authorities sometimes deviate from the rigor of the principles. 
 
 3. The warrant for provisional arrest [article 5 of the law of !.'> March, 
 1874] is issued by the magistrate of the place of residence of the individual 
 whose surrender is demanded, or of the jdace whem he may be found. The 
 warrant for arrest delivered by the demanding party accompanying the re- 
 quest for extradition is madi; executory by the chamber <if council of tliii 
 tribunal of first instance. [Art. 3, Sec. 2.] 
 
 A complaint lodged bj'an individual against a foreigner, fni^itivo in Bel- 
 gium, can not have the effect of his extradition to the Government to whicli 
 he belongs. 
 
 When arrest has been made the demand for extradition is expeetmi, sub- 
 ject to the dejays heretofore indicated. 
 
 4. The, di|)lr)malie and consular agents have, i<> Iraiismit tlu^ diiiiauils 
 for extraflition to the ministry of foreign allairs, which, on its part, com- 
 municates the same immediately to the minister of justice. In what con- 
 cerns the other iioints, I take leave to call the allonti«)n of your excelleiny 
 to article 3, sections 3, 4, .'», and of the law of l.j March, 1874. 
 
 The opinion expressed .by the chamber of prosecution does not conclu- 
 sively bind the Government, which, in sjiite of tiiis opinion, may authorize 
 the surrender. 
 
 r>. The signature of the foreign authority whicli has made authentic the 
 papers transmitted in support of the demand for extradition must also
 
 110 EXTRADITION. 
 
 have been aiitlieuticated by the representative of tlie foreign country iu 
 Bflgiiim. 
 
 G. The hual decision on the matter of extradition is taken by the minis- 
 ter of justice and communicated to the foreign agent by the minister of 
 foreign affairs. 
 
 7. This question is legally resolved by articles 5 and 6 of the law, and, for 
 the most part, conventionally. 
 
 8. The individual whose extradition has been granted is delivered to the 
 foreign agents at the extreme frontier. 
 
 In what concerns the delay under which the fugitive must be taken out 
 of the country, this is regulated by the couA'^entional dispositions. The ex- 
 tradition is made as soon as possible. 
 
 9. The matter of transit is regulated by article 4 of the law of 15 Marcb, 
 1674. 
 
 Most of the treaties concluded by Belgium contain an analogous disposi- 
 tion. The individual conducted across the country is escorted by the Bel- 
 gian authorities. Transit is altogether subordinated to the following con- 
 ditions : 
 
 Ist. That a native is not in question. 
 
 2nd. That prescription does not exist. 
 
 3rd. That the charged offenses are not of a political character. 
 
 4th. That the requesting Government should produce a document that 
 can serve to base an ordinary extradition. 
 
 10. Belgium bears the exjiense occasioned by the arrest, the detention, 
 and the carrying to the frontier of the individuals whose' surrender is de- 
 manded. 
 
 The transit expenses of those conducted across the Belgian territory are 
 charged to the State which has demanded the transit. 
 
 In obedience to the desire expressed by your excellency, I have the honor 
 
 to transmit under this cover three copies of a pamphlet containing all the 
 
 legal dis])ositions relative to extradition and to matters referring to the 
 
 same, also the treaties concluded by Belgium. Your excellency will find 
 
 also under this cover the other treaties concluded since the jiublication of 
 
 the iiamphlet in question. 
 
 Please accept, etc., 
 
 Le Prince de Chimay. 
 
 [Inclosure. — Translation.] 
 
 Minislry of justice. — Extradition law. 
 
 Leopold II, King of the Belgian.s, to all to whom these presents shall come, 
 
 greeting : 
 
 The chambers have adopted and we sanction the following: 
 Article 1. The government may deliver up to the governments of 
 foreign countries, on condition of reci])rocity, auy foreigner who is under 
 prosecution or accusation, or who has been sentenced by the courts of said 
 countries as priucii)al or accessory, for one of the acts hereinafter enu- 
 merated committed within their territory: 
 
 1st, For assassination, poisoning, i)a,rricide, infanticide, murder, violation 
 of the person.
 
 EXTRADITIOX. Ill' 
 
 2(1. For arson. 
 
 3d. For counterfeiting of public bills or bank-notes, of public or private 
 bonds ; issuing or placing in circulation of sucli counterfeit bills, notes, or 
 bonds; forgery in documents or in telegraphic dispatches, and use of such 
 counterfeit dispatches, bills, notes, or bouds. 
 
 4th. For false coinage, including the counterfeiting and alteration of 
 coins, the issuing and placing in circulation of counterfeit or altered coin, 
 and also frauds in the choice of samples for tht^ verification of the title 
 and weight of coins. 
 
 5th. For false testimony, and false declarations of experts or iuteri)reters. . 
 
 6th. For theft, swindling, peculation, or embezzlement committed by 
 public functionaries. 
 
 7th. For fraudulent bankruptcy, and frauds committed in failures. 
 
 ftth. For association of evil-doers. 
 
 9th. For threats to commit such acts of violence against the person or 
 property as subject their peri^etratov to the penalty of death, compulsory 
 labor, or rechisiou. 
 
 10th. For abortion. 
 
 11th. For bigamy. 
 
 1"2. For attempts against individual liberty and the inviolability of the 
 domicil, committed by private persons. 
 
 l;Jth. For kidnapping, concealment, withholding, or substitution of an 
 infant. 
 
 14th. For exposure or abandonment of an infant. 
 
 l")th. For kidnapping of minors. 
 
 l()th. For an attempt against chastity, with violence. 
 
 17th. For an attempt against chastity, committed without violence, on 
 the person or by the aid of the person of a child of either sex less than 
 fourteen years of age. 
 
 18th. P'or an ott'ense against good morals by exciting, facilitating, or 
 favoring habitually, in order to gr.itify the passions of others, lewdness or 
 corruption in minors of eitlicr nex. 
 
 I'Jth. For blows given or wounds inflicted voluntarily, witii ineincdila- 
 tion, or having caust.l an ai)parr>nlly incural)le malaily, ixTuiaueut inc.i 
 ])acity for personal labor, loss of tiie full use of an organ, ascvcrr mni H.if i.m, 
 or death, although caused uniutentionariy. 
 
 20th. For breach of trust and deception. 
 
 2lHt. For subornation of witnesses, experts, or interpreters. 
 
 22d. For false swearing. 
 
 2^(1. For counterfeiting of seals, stamps, punches, and marks, uhc of 
 coniitcifcit se.als, stamps, jmnclu-s, an<l marks, and unlawful use ot genuine 
 srals, sl.'inipH, i>unches, and marks. 
 
 24tli. For bribery of public functionaries. 
 
 2r)th. For destruction of buildings, steam-engines, or telograi)hir ajipa 
 ratu.s, destruction or defacing of tombstones, monuments, objects of art, 
 documents or other pajiers, destruction or injury of wares, merclumdise or 
 other nmvable property, and i))i]ioHif ion to the execution of jtublic works. 
 
 2'ifh. For destruction an<l devastation of harvests, plants, trec^s, or grafts. 
 
 27th. For destruction f>f agricultural instrumeiilH, <lestrurtiou or poison- 
 ini' of cattle or other animals.
 
 112 EXTRADITION. 
 
 28tli. For abandonnifctit by a captain, except in the cases provided for by 
 law, of a merchant or fishing vessel. 
 
 SDth. For running aground, loss, or destruction by the captain or the 
 officers and crew; unlawful appropriation, by the captain of a ship or of a 
 merchant or fishing vessel ; throwing overboard or unnecessary destruction 
 of tlio whole or any part of the cargo, of the stores or appurtenances of the 
 vessel; steering a false course; unnecessary borrowing and pledging as 
 security the vessel itself, or the stores or fixtures thereof, the mortgage or 
 sale of goods or stores, or entry in the accounts of fictitious damages or ex- 
 •penditures; sale of the vessel without special authorizatiou, except in the 
 case of unseaworthiness; discharge of cargo without previous report, ex- 
 cept in the case of imminent peril ; theft committed on board ; adulteration 
 of stores or goods committed on board by the admixture of deleterious sub- 
 stances; attack ujjon, or forcible and violent resistance to, the captain by 
 more than one- third of the crew; refusal to obey the orders of the captain 
 or officer in command, for tbe safety of the vessel or cargo, with blows and 
 wounds; plotting against the safety, the liberty or the authority of the 
 captain ; seizure of the vessel by the seamen or passengers by fraud or vio- 
 lence toward the captain. 
 
 SOih. For receiving and concealment of goods obtained by means of any 
 of the crimes or offenses provided for by this law. 
 
 The attempt, when punishable according to the penal laws, is included 
 in the foregoing. 
 
 Art. 2. Nevertheless, when the crime or the offense giving rise to the 
 demand for extradition shall have been committed outside of the territory 
 of the party making the demand, the government may surrender, on con- 
 dition of reciprocity, a foreigner who is under prosecution or sentence, in 
 cases in which the Belgian law authorizes prosecution for the same offenses 
 committed outside of the kingdom. 
 
 Art. 3. Extradition shall be granted on the production of the original or 
 of an authenticated copy of the sentence or writ of condemnation, or of 
 the order of the council chamber, of the order of the chamber of indict- 
 ments, or of the writ of criminal procedure, issued by a competent judge, 
 formally decreeing the transfer of the accused to repressive jurisdiction. 
 
 It shall likewise be granted on the production of the warrant of arrest, or 
 of any other instrument having the same force, issued by the competent 
 authority in a foreign country, provided such instruments contain a pre- 
 cise statement of the offense for which they were issued, and that they be 
 rendered executory by the council chamber of the court of first instance of 
 the foreigner's place of residence in Belgium, or of the place where he may 
 have bf'cn found. 
 
 As soon as a foreigner shall have been imprisoned, according to one of 
 the above-mentioned instruments, of the nature of which he shall be duly 
 informed, the government shall receive the opinion of the chamber of in- 
 dictments of tlie court of appeals in whose jurisdiction the foreigner shall 
 have been arrested. 
 
 Tbe hearing shall be public, unless the foreigner shall request that it may 
 be conducted with closed doors. 
 
 The public ministry and the foreigner shall be heard. The latter may 
 enjoy the benefit of counsel.
 
 EXTRADITION. 113 
 
 ■Within a fortnight after the reception of the documents they shall be re- 
 ferred, vrith an opinion for which the grounds shall be stated, to the minis- 
 Ister of justice. 
 
 Akt. 4. Extradition by way of transit across Belgian territory may, nev- 
 ertheless, bo granted without having received the opinion of the chamber 
 of indictments, on the simple production of the original or of an authenti- 
 cated copy of one of the instruments of procedure mentioned in the fore- 
 going article, when it shall have been requested for a state with which 
 Belgium has a treaty comprising the offense which gives rise to the demand 
 for extradition, and when it shall not be interdicted by article 6 of the law 
 of October 1, 1833, and article 7 of this law. 
 
 Art. r>. In an urgent case, a foreigner may be arrested, provisionally, in 
 Belgium for any of the otfenses mentioned in article 1, on the exhibition of 
 a warrent of arrest issued by the examining magistrate of his place of resi- 
 dence or of the place where he may be found, and based upon an official 
 notice given to the Belgian authorities by the authorities of the country 
 in which the foreigner shall have been sentenced or prosecuted. 
 
 Nevertheless, in such a case, he shall beset at liberty it, within iifteen days 
 from the time of his arrest, when such arrest shall have been made at the 
 request of the government of a country bordering on Belgium, and within 
 three weeks, if at the request of the government of a distiuit country, no 
 communication is received of the warrant of arrest issued by the competent 
 foreign authorities. 
 
 This dflay may be extended to three months if the country making the 
 demand for extradition is not in Europe. 
 
 After the order of arrest the examining magistrate is authorized to pro- 
 ceed according to the rules iirescribed by articles 87 to 90 of the code ot 
 criminal examination. 
 
 A foreigner may claim provisional liberty in cases in which a Belgian 
 would enjoy such liberty, and on the same conditions. The request shiill 
 be submitted to the council chamber. 
 
 The council chamber shall likewise decide, after having heard the Ibr- 
 eigner, whether it is or is not ])roper to transmit, either in whole or iu part, 
 the papers ;ind other objects seized, to the government making the demand 
 for extraditifui. It shall order the restoration of the p!ii>ers and other ob- 
 jects having no direct connection with the oll'euse with which the accused 
 is charged, and, the case arising, shall decide upon the claiuisof third par- 
 ties aj>])earing as claimants. 
 
 Art <). Treaties concluded in virtue of this law shall bo published in the 
 Moniteur; they can not be put into execution until after the expiration of 
 ten d.iys from lh<' dale of that journal. 
 
 Art. 7. Extradition can not l)c grant<;d, if, since the commission of the 
 act with which the prisoner stands charged, or since his prosecution or sen- 
 tence, such a length of tinu; has elapsed that the term of his liability to 
 jiuiiishment lias, acconliiig to the laws of I^elgium, e.xpired l»y liMiitatit>n. 
 
 Akt. H. Articlen •.' ami 3 of the law of Dcccimher 30, 1K{(>, coiicciiiing the 
 repression of crimes and ofTenMcs commit ted by Belgians in foreign coun- 
 tries, are a)>]i1irab1r to the olfeiiscH ]in)vi(li*<l for by Jirtii'li- I of (his I;iw. 
 
 Al<r. 1). They are likewise, a[)plic;ilile to infract ions in niial m.itiers and 
 in matterM of forestry and (inhing. 
 
 s. Ex. r,r,^s
 
 114 EXTEADITION. 
 
 Art. 10. A foreigner who, after having committed, outside of the terri- 
 tory of the kingdom, one of the offenses provided for by article 1 of the law 
 of December 30, 1830, and by articles 1 and 9 of this law, shall acquire or 
 recover the character of a Belgian subject, may, if he be in Belgium, bo 
 prosecuted, tried, and punished there according to the laws of the king- 
 dom, within the limits fixed by the said law of December 30, 1836. 
 
 Art. 11. Letters rogatory, issued by the competent authorities of a for- 
 eign country, and requesting either a domiciliary visit or the seizure of the 
 corpus delicti, or of objects which will establish the guilt of the accused, 
 can only be executed in Belgium for one of the acts enumerated in article 
 1 of this law. 
 
 Except in the case provided for by article 5, such letters shall first be 
 rendered executory by the council chamber of the tribunal of first instance 
 of the place where the search and seizure are to be made. 
 
 The council chamber shall likewise decide whether it is proper to trans- 
 mit, in whole or in part, the papers and other articles seized to the gov- 
 ernment making the demand. 
 
 It shall order the restoration of the papers or other articles having no 
 direct connection with the offense with which the accused stands charged, 
 and shall decide the case arising upon the claim of any third parties who 
 may appear as cLi-imants. 
 
 Art. 12. The law of April 5, 1868, that of June 1, 1870, together with all 
 the provisions of the law of October 1, 1833, with the exception of article 
 6, are hereby repealed. 
 
 The words "according to the laws of April 5, 1868, and of June 1, 1870," 
 shall be stricken out of article 1 of the law of July 17, 1871, in relation to 
 foreigners. 
 
 We promulgate this law, and order that the seal of the state be affixed 
 
 to it, and that it be published in the Moniteur. 
 
 Done at Brussels, March 15, 1874. 
 
 Leopold. 
 
 By the King: 
 
 T. DE Lantsheere, 
 
 Minister of Justice. 
 
 Sealed with the seal of the state. 
 
 T. DE Lantsheere, 
 
 Minister of Justice. 
 
 The second report, dated July 13, 1889, from Mr. Terrell, con- 
 tains the following enclosure: 
 
 [Translation.] 
 
 Laiv making modifications in the law of extradition. 
 
 Leopold II, King of the Belgians, to all present and to come, greeting: 
 
 The Chambers have adopted and we sanction the following: 
 
 Art. I. The section 2 of article 5 of the law of the 15th of March, 1874, 
 
 is modified as follows: 
 
 " However, in that case, he" (referring to the party arrested) "will be set 
 
 at liberty if, within the delay of three weeks dating from his arrest, he does 
 
 not receive communication of the warrant of arrest delivered by the com- 
 
 jjetent foreign authority."
 
 EXTRADITION. 115 
 
 Art. II. The following provision will be inserted after article 5 of the 
 aforesaid law, and will fo»m article 5 iis : 
 
 " "When the foreigner reclaimed is fonnd on a Belgian vessel which has 
 left the territorial waters, the investigating judge of the district to which 
 the port of departure belongs may issue the provisional warrant of arrest 
 provided for by section 1 of the preceding article, and take, with the au- 
 thorization of the minister of justice, the necessary steps in order that the 
 existence of the warrant may be brought to the knowledge of the captain, 
 either directly or by means of a consul." 
 
 " After receipt of this notice the individual reclaimed will remain under 
 arrest on board until the return of the vessel or until the meeting with 
 another Belgian vesse', which will take him on the same conditions, with- 
 out prejudice of the power inscribed in article 47 of the law of June 21, 
 
 1849. 
 
 "Mention will be made of all this on the log book on board" (ship's 
 journal). 
 
 "The delay prescribed by section 2 of article 5 aforesaid will take date, 
 in that case, at the moment that the foreigner shall have been imprisoned 
 in one of the state prisons." 
 
 We promulgate the present law and order that the seal of state be affixed, 
 and that it will bo published by the Moniteur. 
 
 Given at Laeken, June 28, 1889. 
 
 Leopold. 
 
 By the King : 
 
 The minister of justice, 
 
 Jules Le Jeune. 
 
 Sealed with the seal of state. 
 The minister of justice, 
 
 Jules Le Jeunk. 
 
 On Marcli 22, 1874, the minister of tlie United States at 
 Brussels transmitted to the Department a report* on the law 
 of March 15, 1874, by the Belgian' commission charjjcd with 
 the examination of the question of extradition. This report is 
 as follows : 
 
 EXTHAPrriOX. 
 
 Report made on behalf of the Central Section,\ by M. Woutira. 
 
 [SfSHion of February 20, 1874.] 
 
 ITrniiHlation.] 
 
 Gkntlkmkn: LeglHlatiou with regard to extradition, after having long 
 constituted an txceptinnal luaiich, entered tome yeitra bince into tlio do- 
 main of common law. 
 
 " Printed in Foreign RelatiopH, 1874. pp. Jitt-rt;). 
 
 t The central section, i»roMided over by M. Sehollaerf, was composed of 
 MesHrM. Santkiu, Leiebvre, Van iHcglicm, P«ty dc Thozde, WouterH, and 
 BietMiyck.
 
 116 EXTRADITION. 
 
 The onward march of civilization, the wonderful inventions of modern 
 times, and the modifications which have almc^t everywhere been intro- 
 duced in penal procedure, are the principal causes to which this state of 
 things is fo be attributed. 
 
 As nations have extended and multiplied their relations, they have real- 
 ized the necessity of mutually aiding each other in the repression of offenses 
 against the laws of universal morality and justice. 
 
 Belgium has not remained behind in this movement. 
 
 The law of 1833 was only of a provisional character, and required numer- 
 ous improvements. These were made in 1868. We will briefly state what 
 they were: 
 
 The number of acts rendering their perpetrator liable to extradition, 
 which were only a few offenses of exceptional gravity, has been extended 
 to all offenses in common law which are provided for and made punishable 
 by the penal laws of civilized nations. 
 
 To the sentence of condemnation and the order of the chamber of indict- 
 ments the law of 1808 assimilated the writ of transfer from the council 
 chamber and the instrument of criminal procedure issued by a competent 
 judge, decreeing formally, or causing, with full authority, the transfer of 
 the party accused to a court of repressive jurisdiction. 
 
 The above was uot the only modification made in the law. 
 According to the law of 1833, when the transit of a criminal through 
 Belgium was asked for by a government having an extradition treaty with 
 our country, such passage could only be granted by an observance of all 
 the formalities required fo:- extradition itself. The bill passed by the 
 chambers in 1868 required only the production of the document serving as 
 the basis of the extradition, without requiring in anything else notice from 
 the chamber of indictments. 
 
 A no less important provision was introduced by article 4, which, in order 
 to secure the prompt and efficient repression of crimes and offenses, permits 
 the provisional arrest of a foreigner, in an urgent case, on the exhibition of 
 a warrant of arrest issued by the examining magistrate of the place of his 
 residence, or of the place wherg he maybe found, based upon official notice 
 given to the Belgian authorities by the authorities of the territory in which 
 the crime or the offense shall have been committed. 
 
 The law of 1868, moreover, rendered applicable to the offenses provided 
 for in the first article, articles 2 and 3 of the law of December 30, 1836, con- 
 cerning the repression of crimes and offenses committed by Belgians in 
 other countries, and the law of July?, 1865, concerning foreigners. 
 
 Finally, it provided for the ijublicity of hearings before the chamber of 
 indictments, and granted to foreigners the privilege of defense by counsel. 
 
 This reform, which we have thought proper to mention here for the pur- 
 yose of better fixing the sense of the new provisions, was sanctioned by 
 tbe almost unanimous vote of the chamber and of the senate, and ratified 
 by tbe general sentiment of the country. 
 
 Seveval more steps still remain to be taken in this path, and they form 
 the object of the bill submitted to your consideration. 
 
 It is to be remarked, this bill leaves previous legislation on the same sub- 
 ject intact in all iU essential parts. It merely introduces some improve- 
 ments the propriety and utility of which have been demonstrated by ex- 
 perience.
 
 EXTRADITION. 117 
 
 EXAMINATION OF THE SECTIONS. 
 
 The 1st, 2fl, 3d, 4tb, and 5th sections voted for the l)ill nnanimously ; in 
 the 6th section it was adopted, three members voting for it and two not 
 voting. 
 
 In the third section a member asked if No. 3 of the 1st article of the bill 
 included letters of credit and postage-stamps. 
 
 The same member requested the government to explain itself in regard 
 to the generic term deception, inserted in No. 20 of article 1st. 
 
 lu the Gth section, one member, referring to the 3d article of the bill, 
 pointed out several objections to granting extradition on the production of 
 a warrant of arrest. He thought it preferable to leave existing legislation 
 on this point unchanged. 
 
 EXAMINATION IN THE CENTRAL SECTION. 
 
 The general discussion was opened and closed without observation. 
 
 In article lirst the section instructed its reporter to ask the minister of 
 justice for the explanations desired by the third section. 
 
 A member desiring to know why No. 12 of article first is only applicable 
 to attempts against individual liberty, committed by private persons, and 
 should not be applied to the same acts committed by agents of the public 
 authorities, the section decided that a question in this sense should bo 
 addressed to the government. 
 
 In transmitting to him the replies to these various questious, the minister 
 of justice requested the reporter to remark to the central section that they 
 do not relate to the modifications which it is designed to introduce by the 
 bill into the present law. 
 
 The minister said that the chamber would doubtless think, as did the 
 government, that it was important to alter the text of the existing law as 
 little as possible, so as to avoid a troublesome perturbation in jurisjiru- 
 dence and in the interpretation of international qonventious. 
 
 The minister added that ho had, to this end, caused the changes which 
 seemed desirable in the law passed six years previously in relaliou to the 
 matter under discussion to be printed in italic letters in the bill. 
 
 The central section shared this view. 
 
 It is impDitaiit to observe, while on this subject, tli.u ilic, ii^t of offcuses 
 provided for in article 1 of the law of I8(W receives no additions l>y the bill 
 under discussion. In including the receiving of stolen goods an<l assaults 
 aud wounds wiiich have caused serious mutilation the liill only makes good 
 an omission, the lause of which is pointed out in tiie stat<!tnent of motives. 
 
 It seemed i)roper expressly to mention complicity and the attempt to 
 commit crime, which, in tlie practice of courts of aiijteal, have always been 
 ( onsidored as being understood, by implication, in the terins of the law of 
 Ir'.VA and that of 1808, and have l)een mentioned since the latter date in all 
 treaties made in accordance with that law. 
 
 The new article 2, which jirovides that, when tliecrlnu' or ollense giving 
 rise to a demand for extradition shall have been committ<'d outside of the 
 territory of the party making the demand, the government may deliver 
 uj), on condition of reciprocity, a foreigner who is under i)rr)He<ntion, or 
 who has been sentenced, in cases in which tlit! lielgian law authorizes pros-
 
 118 EXTRADITION. 
 
 eciitiou for the same offenses comtnitted outside of the kiup;doin, was met 
 with no objection on the part of the central section. That section thought 
 that this provision supplied an important desideratum in the law, and that 
 ample reasous for its existence were given in the statement of motives. 
 
 A Belgian might happen to bo condemned in contumaciam in Belgium for 
 a crime provided for by article 5 of the code of criminal examination, and 
 then might cause scandal by coming to make a parade of his impunity on 
 our frontiers, without fear of being disturbed or delivered up on account 
 of an act committed outside of our territory. 
 
 Everybody admits that the law can not tolerate such a Ihing, 
 
 Nevertheless, in order to prevent certain countries from unduly extend- 
 ing their jurisdiction in foreign countries, and thus removing persons 
 whose extradition is desired by them from the jurisdiction of their natural 
 judges, the bill wisely provides that the goverument shall not surrender, 
 on condition of reciprocity, a foreigner who is under prosecution or who 
 has been sentenced, save in cases in which the Belgian law authorizes 
 prosecution for the same offenses committed outside of the kingdom. By 
 reason of this restriction, which is formally stated in the law, the measure 
 * introduced can present no inconvenience. 
 
 With regard to article 3, a member fhade the same observations that 
 were made in the 6th section. 
 
 A warrant of arrest seemed to him to be too summary a document to 
 authorize extradition. He feared that this mode of proceeding might bring 
 about abuses. It was better, he thought, to continue to require a previous 
 examination in a foreign country. 
 
 This opinion was not shared by the section. 
 
 The measure whose adoption was proposed by the bill seemed to it to be 
 supported by the strongest grouuds. 
 
 Let us observe in the first place, that it has been adopted in the treaties 
 of all countries successively, save those which have been concluded by 
 Belgium and the Grand Duchy of Luxemburg, and this constant and almost 
 universal practice has given rise to no inconvenience. It is readily seen 
 that the exceptional position in which we are placed in this respect must 
 be damaging to our relations with foreign governments, since it does not 
 permit us to offer a reciprocity founded upon broader bases, such as is gen- 
 erally admitted in the conclusion of international arrangements in relation 
 to extradition. 
 
 Considered in itself, the proposed measure offers very great advantages, 
 which we will succinctly examine. 
 
 Its first effect will be to exert a decisive influence upon the speediness 
 of the proceedings. 
 
 It must be admitted that a preparatory examination in the absence of the 
 party accused, so that he can not be confronted with his accomplices or with 
 the witnesses, is necessarily incomplete and defective. 
 
 Moreover, in the case of an arrest in ^ foreign country, it being neces- 
 sary that the decision for the transfer to a competent judge be produced 
 within two months, the examining magistrate must confine himself to an 
 investigation which is too often imperfect and inconclusive as to the facts 
 of the case.
 
 EXTRADITIOX. 119 
 
 The case rnns the risk, therefore, of heing delivered over to the hazards 
 of a hearing, without having heen either matured or elucidated. 
 
 The i. conveuit'uce is especially apparent in criminal u'atters, in ^Yhich 
 the intervention of the council-chamber is not sufficient, and in which the 
 court must, in its turn, pronounce sentence within the allotted time. 
 
 The interest of the £ccused is here identical with that of the prosecution. 
 
 Is it not evident that an examination held iu his absence, when he can 
 produce no evidence in his own behalf, must result, iu an order for the trans- 
 fer of the accused to a competent court, and that it can have no other 
 efloct than to prolong his detention without any benelit to him? 
 
 Besides, it frequently happens that the accused asks to be delivered up 
 to justice in his own country without delay, without waiting to go through 
 the formalities of extradition, although he is then obliged to renotxuce the 
 immunities which are secured to him by law and treaty. 
 
 Henceforth this will not be the case ; he will be present himself through- 
 out the examination, will choose a defender to aid him iu refuting the 
 charges made against him, and that without being deprived of any of the 
 guarantees provided by article 6 of the law of December 1, 1833, which was 
 k<'i)t in force by the law of 1868. 
 
 Let us not lose sight of the fact that our organic extradition law was en- 
 acted that we might conclude treaties with all civilized nations, and not 
 only with countries whose forms of procedure are the same as our own. 
 
 In order to obviate the difficulties which might have arisen from the dif- 
 ference in the manner of organization of the repressive tribunals of foreign 
 countries and those of Belgium, the law of 1868 assimilated to the writ of 
 transfer from the council-chamber and to the order of the chamber of in- 
 dictments the corresponding writ of a foreign criminal court. 
 
 It was evidently impossible precisely to define these documents; a rule, 
 ^^hich permitted no deviation from it, was that they were to be the last in- 
 strument of preparatory procedure trausfening the accused to the juris- 
 diction of his final judges. 
 
 But how is it to be determined whether the foreign document i»o8SC8ses 
 this character, and wln^ther no intiTuuHliatc; instrument is to come betweon 
 llir warrant of arrest ami tlic appearain-c of Ili<' accused before (he judgt- 
 who is to ])Uiiish or acquit him T 
 
 What shall wo say especially of the English and Auicricau warrantsf 
 Can we recognize lliem as really possessing Ihe character wliivli the law re- 
 quires? What shall we decide as regards the order for Eroffining der Un- 
 ttmucliung, which is a part of the German procedure, the auto dv, prmon of 
 thi^ Spanisli laws, &c. ? These documents daily give rise to dilliculiios to 
 which thf measure projiosi-d by the bill would put an end, and wliich are 
 now the only obstacle to the conclusion of an extradi<<io!i treaty with the 
 United Slates, which connfry Iuih been the ]dac(M)r refuge for the majority 
 of Ihe great criminals who for soiih- yiars jiast luive I'scaped from juNlicc 
 in Belgium. The United States have inscribijd in tluur laws I lie principle 
 of the presence of the accused at every stage of his examination. 
 
 The extradition on a warrant of airost Ih, moreover, readily retuiicilable 
 with the new provisions of the bill for precautionary detention, which has 
 been viewed with such marked favor by public opinion.
 
 I'-O EXTRADITION. 
 
 It may even be said that it is the corollary and the necessary condition 
 of the passage of this bill. 
 
 For if the legislator steps aside in this matter from the rigor of our penal 
 procedure, if he leaves the accused party, who is presumed to be guilty, 
 provisionally at liberty, this is done with the moral certainty that he will 
 appear to answer the charge made against him. If he abuses the confi- 
 dence of the examining magistrate by crossing the frontier, he must be re- 
 stored, as speedily as possible, to his natural judges, without necessity of 
 having recourse to all the formalities of a preparatory examination, the 
 least inconvenience of which is that it is sometimes accompanied with de- 
 lays which are incompatible with a proper administration of justice. 
 
 It is to be remarked that the new guarantees contained in the bill which 
 was introduced on the 20th of January last are to be applicable to a Belgian 
 surrendered by extradition for trial by the courts of his country. 
 
 Thus, immediately after his examination, he may communicate with his 
 counsel. (Art. 3.) Thus also, within five days after the examination, the 
 maintenance of the warrant of arrest will be made subject to confirmation 
 by the council-chamber. (Art. 4.) 
 
 The case is the same with the guarantees provided in the following arti- 
 cles, tue benefits of which can not be denied him. 
 
 And let it not be said that a warrant of arrest is too summary a docu- 
 ment, and that it does not jjermit the chamber of indictments to base its 
 judgment upon sufficient information. This objection would seem more 
 valid if Belgian judges had to decide concerning the guilt of accused parties 
 whose extradition was demanded by foreign governments. This is no part 
 of their duty; all that they have to do is to examiue whether the oBfense 
 with wkich the accused is charged in the document produced, be it a war- 
 rant of arrest, writ of transfer, indictment, or sentence, is provided for and 
 made punishable by our laws, and whether it is among the offenses enu- 
 erated in the extradition treaty. 
 
 A warrant of arrest not containing these indications would be irregular, 
 and could not be accepted. 
 
 Let us observe, finally, that the introduction of this measure in nowise 
 impairs the guarantees provided by the laws of 1833 and 1868. 
 
 Thus the warrant of arrest will first be rendered executory by the coun- 
 cil-chamber; the session of the chamber of indictments, when the latter 
 is called upon to give its opinion, is to be public, and a foreigner may 
 enjoy the benefit of counsel. 
 
 All these guarantees must evidently remove all fear of an arbitrary or ex- 
 aggerated enforcement of the law. 
 
 The provision of article 4 of the bill was adopted by the section without 
 debate. 
 
 The framer of the law of 1833 thought little about the transit question, 
 and this is not at all strange ; extradition was then considered as a meas- 
 ure of exceptional gravity, principally confined to countries bordering upon 
 each other. Since that time the principle has become general as the rela- 
 tions of nations have become extended, andthenumber of treaties has been 
 greatly increased. 
 
 Of the nineteen conventions which Belgium has with other countries, 
 only four are with countries bordering upon her ; in the case of most of the 
 others transit has become a necessity.
 
 EXTRADITION. i21 
 
 It was therefore a necessity that the formalities prescribed by our laws 
 in this matter should be simplified in certaiu respects. 
 
 Transit can not be cousidfved as a real extraditiou, nor can a foreiifner 
 who thus passes through our country by compulsiou be compared to one 
 who comes of his own accord to seek an asylum there under the aegis of its 
 laws. 
 
 To prevent his passage through our territory would be opposing a simple 
 measure of execution, without any benefit to the foreigner ; it would cause 
 long and costly delays, and would subject our country to inevitable 
 reprisals. 
 
 Belgium was therefore deeply interested in the adoption of a mode of 
 procedure which should be free from these difficulties and delays. The 
 law of 1868 provided for such a mode in its third article, and the new bill 
 only suppleuients that provision. 
 
 The iiroposition to increase from ten to fifteen days the duration of the 
 provisional arrest in the case of a country bordering upon our own, and 
 the authorization to extend this time to three mouths in the case of coun- 
 tries not in Europe, did not form a subject of discussion in the section ; the 
 reasons for this change are given in the statement of motives, and justify it 
 in all points. 
 
 A final improvement is introduced in article 12 (new) of the bill. It au- 
 thorizes compliance with letters rogatory issued by competent authorities 
 in foreign countries, and asking either for a domiciliary visit or the seizure 
 of the corpus delicti or documents which can convict the accused, in the case 
 of one of the acts enumerated in the first article of this law. 
 
 The need of this improvement had long been felt; the legitimate com- 
 plaints made in consequence of damage done to commercial aud industrial 
 interests rendered it very necessary, 
 
 Various requests from our judicial authorities, asking that domiciliary 
 visits and seizures might be made in other countries, have neci'ssarily re- 
 mained unexecuted, on account of the inability of our Government to grant 
 reciprocity when similar requests were addressed to it by those countries. 
 
 Our constitution declares that a man's dcmiicil is inviolable, and per- 
 mits a deviation from this principle only in the cases provided for by the 
 law and in the form which the law establislitrs. 
 
 No. 4 of article 5 of the law of 186'rl authorizes, it is true, the examining 
 magistrate to proceed in acconlance with the rules prescrilicd by ail idea 
 87 to W of the code of criminal exatniuation, but this article is mit appli- 
 cable in the matter in question, in which it is necessary to proceed to iho 
 visit aud seizure, indepeudeutly of any demand for extraditiou. 
 
 It was therefore proper to extend the exception somewhat. 
 
 Belgium is interested therein in the same way as fonrigu powers, for it 
 frerjiiently hapjiens that an accused peison takes advantage «)f the timo 
 whifh preceded bin .arrest and sends his papers and (;orriH|(()nd((nce across 
 tlie frontier, such jtapers being all I bat can establisii the evidence of liis 
 guilt and render the examination satisfactory. 
 
 In reality, the seizure of enilxv./.b'd articles or of (lociiuieiitH wliicli ('.'m 
 convict is, as reniarke<l in th<! statement of motives, but a kind of nial<-riaL 
 extraditiou, which is based upon the sumo principles as the surrender of tbo 
 accused.
 
 122 EXTRADITION. 
 
 Bnt, iu the same manner as extradition, the execution of letters rogatory 
 requesting floiuiciliary visits and seizures must be surrounded by strong 
 guiirautces, designed to protect the domiciles of Belgian citizens from in- 
 discreet and unwarranted search. 
 
 The first of these guarantees should be to restrict the execution of let- 
 ters rogatory iu snch matters to those cases in which the law allows extra- 
 dition to be granted. 
 
 There will then be no danger of search in political matters or in matters in 
 ■which the press is concerned; nor will there be any in fiscal matters and 
 others not siiecially provided for. 
 
 A second guarantee inserted in the bill is the following : Letters roga- 
 tory from a foreign country must be rendered executory by the council 
 chamber of the tribunal of first instance of the place where the search and 
 seizure are to be made. 
 
 A doubt arose in the central section in regard to the proper interpreta- 
 tion of No. 5 of article 12. 
 
 The following is the reply of the minister of justice to the inquiry ad- 
 dressed to him on this subject : 
 
 " The provision of the concluding portion of article 12 (bill) can by no 
 means result In investing the council chamber with the right to decide civil 
 snits in cases iu which the ownership of articles is claimed by a third party. 
 The functions of the council chamber are in such cases purely conservative. 
 It being its duty only to order the surrender of the articles seized to the 
 foreign government, it has no other right except to refuse such surrender 
 when third parties holding the articles, or others, such as unpaid hotel- 
 keepers or tradesmen, are interested in having the seized articles prevented 
 from crossing the frontier. 
 
 " The action of civil justice naturally remains reserved in this case, as 
 in the one provided for in tl^e Gth paragraph of article 5 of the law of 1868. 
 The mention of the third parties appearing as claimants was only inserted 
 in the bill for the purpose of formally enabling them to oppose, before the 
 council chamber, the sending of the articles to a foreign country." 
 
 This letter having been read to the section, a member i>roposed to extend 
 to the 6th paragraph of article 5 of the bill the provision of the concluding 
 portion of the 12th article. This addition to the text of article 5, being 
 recommended by the same considerations as those just stated, was approved. 
 
 The bill was passed by the central section, all tlie members present voting 
 in its favor. 
 
 SCHOLLAERT, 
 
 Chairman. 
 Ed. Wouters, 
 
 , Reporter. 
 
 APPENDIX. 
 
 Questions asled hy the central section. — 1st. Does No. 3 of article 1 of the 
 bill include letters of credit and postage-stamps? 
 
 ReiAies of the minister of justice. — " Ist. Article 1, No. 3, of the bill, rejiro- 
 ducing the text of the corresponding provision of the law of April h, 1868, 
 is api)licable, as is that provision, to forgeries committed in letters of credit, 
 wliich is evidently comprised in the terms of articles 196 and 197 of the 
 penal code, which are referred to by No. 3, and which iirovide for the pun-
 
 EXTRADITIOX. 123 
 
 ishnient of the crime of forgery and the use of forgeries which have heen 
 committed in commercial papers or blank checks or in private letters. (See Par- 
 liamentary d>cunionts, 1867-'(i8, Appendix to No. 7G.) 
 
 '•As to the counterfeiting of postage-stamps,' it is comprised not only in 
 No. 3 but also in No. 23 of article 1. The text thereof is identical with that 
 of the law of April 5, 1868, which refers to articles 188 and 189 of the penal 
 code, which provide for the punishment of the crime of connterfeiting post- 
 age-stamps and other adhesive stamps, and the use of such counterfeit 
 stamps." 
 
 2d. Why does No. 12 of article 1 only apply to attempts against individual 
 liberty committed by private persons, without referring to the same acts 
 committed by the agents of public authority? 
 
 '• No. 12 of article 1 confines itself in the new law, ;is in ilic law of 18(J8, 
 to attempts against individual liberty committed by jirivate iiersons, and 
 provided for bj' articles 434-442 of the penal code, because the same acts 
 committed by agents of the public authority are included among crimes 
 and offenses against the rights guaranteed by the constitution (Title II, 
 arts. 147 and 148 of the penal code), and because crimes of this kind migh', 
 under certain circumstances, be of a political character." 
 
 3d. What is the precise meaning of the word deception in No. 20 of the bill f 
 
 " 3d. The precise meaning of the word deception in No. 20 of the bill is de- 
 termined by the reference made by the law of 18G8, same number, to articles 
 49W-.')U1 of the penal code. This word, therefoj'c, includes deception prac- 
 ticed in regard to the identitj', nature, origin, and quantity of things sold, 
 as well as the adulteration of articles of food." 
 
 Amendment made by the central section: 
 
 Art. r>, at the end. "And shall decide the case arising n]ion the claims of 
 third parties appearing as claimants. ' 
 
 BRAZIT^. 
 
 On February 4, 18S7. tlie Imperial Governuiont addicssod to 
 the Braziliiin lefjalions and eoiisiilate>s a cireiilar statiiip;' tlie 
 terms on wliicli, even without a treaty, it was willinj^ to comply 
 Willi demands for the extradition of criminals. These terms 
 are as follows : , 
 
 1. When the crimes of ))ersonH wliose extradition is di-inandcd shall have 
 Ix-i'ii comniitlcd in the territory of tlie governMicnt making tln' deiiiaiiil, 
 and the Haid government oll'iis <ir is willing ti» leciitrocate. 
 
 2. When crimes by t\n'\v atrocity or frequency may endanger the mo- 
 rality and saffty of a people, such as robbery, murder, ciuinterfoiling, 
 forgery, and some others. 
 
 3. When the proofs are such that tin- laws of linizil, if tlir (linn- were 
 coMiuiitted in its territory, would justify the arrest and trial of the criminal. 
 
 4. When extradition is demanded by tlie minislx;r of tin- n.ilion within 
 ■whose jurisdiction the offense look ]ilace 
 
 r>. If the accused sliall have connnitted crimos in tnoro limn one coun-
 
 124 EXIRADITION. 
 
 try and his extradition be demanded by more than one government, ho 
 ^Yill be delivered to that in whose territory the gravest offense was com- 
 mitted. 
 
 It is understood that, if the accused be a Brazilian citizen, he will not 
 be given up, as his surrender in this case is contrary to the constitution of 
 the Empire, and that political crimes, as may be concluded from the prin- 
 ciples stated, will always be excepted. 
 
 It is also understood that the expenses incurred in the arrest and delivery 
 of criminals will be paid by the government demanding their extradition. 
 
 CHINA. 
 
 February 6, 1889, Mr. Deiiby made the followmg report : 
 
 Sir : In answer to your circular of November 26, relating to extradition, 
 my reply will be necessarily brief. 
 
 We have no extradition treaty with China. Portugal, Great Britain, 
 and Japan have treaties more or less affecting this subject. Duplicate 
 copies of the articles in said treaties providing for extradition are herewith 
 enclosed. 
 
 The duty of extradition, as has often been held, does not arise from the 
 " favored nation " clause. Under the present system of jurisprudence of 
 China extradition proceedings in conformity with western usage are im- 
 practicable. The foreign powers generally have Tiot judged extradition 
 treaties to be necessary. 
 
 Under the exierritorial system a foreigner iu China is subject to the laws 
 of his country. It is generally held that an absconding criminal of any 
 nationality can be arrested by the officials of his Government. 
 
 Such criminals could not be arrested, held, or tried by a Chinese magis- 
 trate. It has been held in this legation and by the consuls that an Ameri- 
 can who is charged with being an absconding criminal from any country 
 with which we have extradition treaties can be arrested in China by oui 
 consuls and delivered up after the proof required by the treaties has been 
 made. I suppose that a consul wonld have jurisdiction to arrest an Ameri- 
 can absconding from the United States on a charge of crime committed by 
 him in the United States and could deliver him up under the direction of 
 the Secretary of S*;ate. 
 
 If this view be correct, an extradition treaty as applicable to the arrest of 
 American criminals is not needed in China. As applicable to the arrest and 
 delivery of Chinese subjects who are charged with crime committed in the 
 United States, the only course now available is an appeal to the comity of 
 this Government. 
 
 I do not doubt that on proper application, made by a diplomatic officer, 
 the surrender of a Chinese subject would be ordered by the Government. 
 
 There are no imperial decrees on this subject and no adopted forms. 
 Under these existing conditions it becomes unnecessary to reply specifically 
 to the interrogatories set out in the said circular. 
 I have, etc., 
 
 Charles Denby.
 
 ^ EXTRADITION. 125 
 
 tTu closure 1.] 
 
 Treaty of June 26, 1858, ieticeen China and Ch'eat BHtain. 
 
 Article XXI. 
 
 If criminals, subjects of Chiua, sliall take refuge in Houg-Kong or on 
 board the British ships there, they shall, upon due requisition by the 
 Chinese authorities, be searched for, and, on proof of thtiir guilt, be doliv- 
 ered up. 
 
 In like manner, if Chinese ofTenders take refuge in houses or on board the 
 vessels of British subjects at the open ports, they shall not be harbored or 
 concealed, but shall be delivered up, on due requisition by the Chinese 
 authorities, addressed to the British consul. 
 
 [Inclosure 2.] 
 
 Treaty of September 13, 1871, between China and Japan. 
 
 Article XII. 
 
 If any subject of either power, having violated the law of his own coun- 
 try, secrete himself in an official building, merchant vessel, or warehouse 
 of the other state, or escape to any place in the territory of the other, on 
 official application being made by the authority of the state of which such 
 offender is a subject to the authority of the other, the latter shall inune- 
 diately take steps for the arrest of the offender, without show of favor. 
 Whilst in custody he shall be provided with food and clothing, and ho shall 
 not be subjected to ill usage. 
 
 [Incloauro 3.] 
 
 Treaty of December 1, 1887, between China and Portugal. 
 
 Auticlk XLV. 
 
 Ah regards the delivery of I'ortngueHo and Chinese criminals, with tin- 
 exception of the Chinese criminals who take refuge in Macao, and fi)r 
 whose extradition the governor of Mac:io will <•ontinu^^ to follow tlu^ .-x- 
 isting practire, after the receipt of a due recinisitioii from tlu^ vircroy of 
 the two KwangH, it is agrccid tliat in the ChineHo jmrtH open to foniign 
 trade the Chinese eriininals who take refuge at the housoB or on board the 
 ships of Portngnese subjects shall be jirresled and delivered to the Chinem^ 
 authorities on their api)lyuig to the. I'ortugiie.se riouHiil ; and likewise the 
 Portuguese criminals wlio take refuge in China sliall bo arrested aud ih- 
 livered to the Portuguese auliiorities on their applying to the Chinene aii- 
 thorities, and by neither of the parti<'« shall the crimin iN 1..- harbored, 
 nor shall there be delay in ihdivering them.
 
 1-6 EXTRADITION. 
 
 COLOMBIA. 
 
 The following is taken from the work of Mr. Seijas, El Dere- 
 cho luternacional Hispauo-Americano : 
 
 It is necessary to call attention to the fact that none of the existing con- 
 ventions concernitig the extradition of criminals tliat were conclnded by 
 the Republic previously to the adoption of the constitution of 1SG3, nor 
 that of May 30th, 1868, concluded with the Republic of Venezuela, which 
 the Colombian Congress approved in 1869, which did not take effect, be- 
 cause its ratifications were not exchanged — none of those conventions con- 
 tain the limitation introduced by the Congress of 1881 in the one atoresaid, 
 which was concluded with the United States Government. The broad 
 interpretation given to that provision of article 15 of the constitution 
 wliich guarantees the lives of persons traveling or sojourning in Colombia, 
 on which this modification is based, appears to have been made for the 
 first time in 1871, by Mr. Zapata, at that time secretary of the interior and 
 of foreign relations, in connection with the negotiation that had been en- 
 tered into with Her Britannic Majesty's minister for the conclusion of a 
 treaty for the mutual extradition of fugitive criminals. 
 
 "As your excellency is aware," said Mr. Zapata in his note of, Novem- 
 ber 24th, 1871, to Mr. Bunch, "the national constitution has guaranteed 
 to all inhabitants and sojourners in the United States of Colombia the in- 
 violability of their lives in so absolute a manner that not onlj'^ is it the duty 
 of private individuals to respect the lives of o hers, but not even the gov- 
 ernments, federal or state, can decree the death penalty in their laws. 
 When a foreigner is within the national domain, whatever may be his per- 
 sonal conditions and the criminal acts that he has committed in another 
 country, that very instant he enters upon the enjoyment of the aforesaid 
 guarantee, and the Government, whicli is a mere mandatary of the commu- 
 nity, and is obliged to act wholly within the limits and in accordance with 
 the provisions of the laws established by it for its own regimen, can not, 
 either directly or by means of convention.s or pacts of any kind, make it 
 nugatory or co-operate in making it so. The constitution has made no re- 
 striction or distinction whatever with a view to excluding certain persons 
 from the benefits of the aforesaid guarantee. Any inhabitant, native or 
 domiciled, as well as any transient person, has an equal right to the protection 
 of his individual existence, as provided by the fundamental law of the Re- 
 public ; in order to afi:brd such protection, the Government, whenever this is 
 possible, must prevent private attempts upon life ; it must bring to trial and 
 punishment those persons who seek to impair the inviolability of life, and 
 mu.st itself abstain from violating it or co-operating in its destruction even 
 by way of punishment." (Seijas, El Derecho luternacional Hispano-Anier- 
 icano, 188; extract reprinted from Foreign Relations of Colombia, 1884.)
 
 EXTRADITION. 127 
 
 FRAXCE. 
 
 January 14, 1889, Mr. McLane made the following report : 
 
 Sir : In reply to your circular of November '^6tli, 1888, instructiug me to 
 make a report on the subject of extradition, as practicetl by the Government 
 to which I am accredited, and suggesting certain inquiries for my guidance, 
 I have the honor to send herewith : 
 
 Ist. A report showing the diiierent stages through which a requisition 
 for the surrender of a fugitive criminal passes in France. This report was 
 prepared by Mr. Viguand, but I have revised it with him and adopted it 
 as my own. 
 
 '2nd. A letter from Mr. Edmond Kelly, a competent American lawyer, who 
 acts occasionallj' as counsel of this legation, with reference to the defects 
 existing in our extradition treaty with France. This letter was written 
 some time ago, when the subject of extradition was being discussed in this 
 legation in connection with the case of Edmund Yard, with which the De- 
 partment is familiar, and in which Mr. Kelly was employed for the prosecu- 
 tion. 
 
 I have, etc., 
 
 EoBEKT M. McLake. 
 
 [Inclosnre 1] 
 Extradition as practiced (7i France. 
 
 As now understood and practiced in France, international extradition is 
 not difiScnlt. The following sketch will show the different stages through 
 whicli an extradition proceeding passes: 
 
 General conditioiix.—T\n- French Government extradites and applies for 
 extradition in the absence of any treaty. When there is no treaty it asks 
 for reciprocity and expects it, but thi; matter is entirely within its <liscrc- 
 tion. When there is a treaty it does not consider itself as obliged to re- 
 fuse extraditi<m for offences not mentioned in that treaty. 
 
 Who viaif be surrendered. — It surrenders foreigners only. When tlic fiigi- 
 Tive ))elongs to a country whicli is not the one applying for the extradition 
 the diplomatic representative of that country is inlbrined of the ap])lic.'i- 
 lioii, and asked if ho has any objections to the extradiiion. This is a mat- 
 ter of comity ; the French Goveriimeiit is not bound to refuse the extradition 
 if it is olijicted to, itsoliject Ixiiiig simply to enable the re]iresent:it ive of 
 a foreign power to extend protection to his countrymen. Id eoininniiiea- 
 tions of this kind this legation usually rejdies that it has received no in- 
 struction to oppose the extradition. When tlm fugitive apitlies himself to 
 the legation one of the gentlemen acting as our counsel is re(|ncsted lo ex- 
 amine the case, and i( it is found that there is occasion for interfering w«) 
 intervj-ite. I have d(»ne so, howcn'er, only once. 
 
 The French GoverniMi^nt does not surrender its eitizons; its reas(»nH are 
 that tho French tribunals are the natural judges of a Frenchman, and that 
 all Frfttichtnr-n ean bo prosecuted and tried in Fran c(> for offences commit- 
 ted abroad.
 
 128 EXTRADITION. 
 
 Jpplicalion for the exfradUton of a fugitive. — Application for th'' extradi- 
 tion of a fugitive from justice who has taken refuge in France must be made 
 in all cases tlirough the diplomatic chaunel. It would not be received from 
 a consular agent. The basis of any application of this kind is the state- 
 ment that a warrant of arrest has been issued by the lawful authorities of 
 the demanding Government, and that the ofifelice charged is one coming 
 under the treaty. The demanding Government is also expected to furnish 
 means of establishing the identity of the fugitive. The fact that the 
 requisition is made through the diplomatic channel is considered to be 
 sufficient authentication. * 
 
 Provisional arrest and detention. — Previous to a formal requisition for the 
 extradition of a fugitive his provisional arrest and detention can be ob- 
 tained upon diplomatic application, by stating that the request is made by 
 authority and that the formal requisition is on its way or is being prepared. 
 Action of this kind can be taken simply upon a telegram. Diplomatic in- 
 tervention ,is not, however, always necessary^ In cases of emergen(;y an 
 unofficial request from the representative of a country with which France 
 has a treaty of extradition, or even from the police of that country to the 
 French police, reaches the same end. The detention of a fugitive thus ar- 
 rested is not maintained ordinarily more than from fifteen days to three 
 weeks. If the formal requisition arrives after the fugitive is released he 
 can be arrested again. 
 
 The requidiion at the foreign office. — A formal requisition for the extradi- 
 tion of a fugitive is always addressed to the minister of foreign affairs and 
 is examined by him first. If found irregular, or not in conformity with the 
 treaty or with existing laws, it is returned to the diplomatic agent through 
 which it was was received, with the reasons for so doing. If on its face it 
 seems to be regular it is at once transmitted to the department of justice. 
 It never goes to the courts, which have nothing to do with the matter. 
 
 Before the' department of justice.— The minister of justice examines in his 
 turn the requisition. If he finds it defective he returns it to the foreign 
 office with his objections. If he has no objection to oppose he sends it to 
 the minister of interior, under whose direction the police .department 
 is, with a request to have the fugitive arrested. When the proceedings 
 reach this stage, the minister of interior has no discretion in the matter. 
 He can abstain from arresting a fugitive w^hen he is asked to do so by a for- 
 eign minister or the police of another country ; he can not when he receives 
 the requisition through the department of justice. The fugitive is arrested 
 and brought at once before the "procureur" of the Republic in the dis- 
 trict where the arrest took place. 
 
 Before the " procureur." — The procureur, who receives at the same time 
 coairannication of ail the papers concerning the case, proceeds without 
 delay to the interrogation of the fugitive. He is not allowed to enter into 
 the question of the validity of the requisition, his interrogatories having 
 mainly for object to establish the nationality and identity of the accused, 
 to record his protest, if he does protest, and finally to ascertain whether 
 he consents to be surrendered or not. The prisoner is warned that if, by 
 waiving the legal formalities and proceedings of his extradition, he avoids 
 a few weeks of preventive detention, on the other hand he is no longer 
 protected by the treaty under which his extradition is asked, and conse-
 
 « EXTRADITION. ' 129 
 
 qnf;ntly he can be tried for any ofteace with which he may be charged. If 
 he refuses to be rolnntarily surreudered the proceedings follow their course. 
 If he couseuts he signs a paper to that effect. It should be noted that this 
 interrogation takes place immediately after the arrest of the fugitive, and 
 that it is only when arrested, by escei^tion, before the formal requisition 
 reaches the authorities of the country of refuge, that he may find an ad- 
 vantage in consenting to be surrendered at once. 
 
 Before the attorneii-general. — In both cases the procureur reports to the 
 attorney-general, who reports to the minister of justice. 
 
 Again before ihe minister of justice. — If the fugitive has consented to be 
 surrendered, the minister of justice requests the minister of interior to re- 
 maud him to the frontier, where he is formally delivered to the agent of 
 the demanding country. 
 
 Before the Executive. — If the fugitive refuses to be surrendered — the requi- 
 sition having been found to be correct— a decree issued by the President 
 orders the extradition. This decree mentions the offence or offences for 
 which the fugitive is extradited, and states that the extradition is granted 
 in compliance with such and such treaty or in return for a promise of 
 reciprocity, as the case may be. 
 
 Before the ininistcr of interior again. — This decree, with all the papers 
 concerning the case, is placed in the hands of the minister of interior, 
 who sends the prisoner, under proper escort, to the frontier, where he is de- 
 livered. A copy of the same papers arc furnished to the minister fur t'm- 
 eigu affairs, who notifies the demanding Government. 
 
 Transit. — The Frencli Government grants the right of trannit across its 
 territory of criminals surrendered by another Government. Usually tliis 
 favor is obtained tiirnugh the diplomatic representative of the demanding 
 Government, who is expected to state that the criminal extradited is not a 
 Frenclmian, and that hiscrime is not i)olitical, but one at common law. 
 The transit is made in the custody of French agents. 
 
 I'agment of expenses. — The rule adopted between France and nearly all 
 other countries— except the United States— is not to charge any expense 
 to the demanding Government, the country of refuge assuming them all. 
 
 The French authorities have complained that the expenses of extradition 
 l)rocoedings in the United States are so heavy that it is only in exceptional 
 cases that they will venture to make a requisition for the surrender of a 
 fugitive. 
 
 Property of a fugitive surrendered.— The property or effects of a fugitiv.} 
 whohcextratlition isapplied forare invariably seized upon hisarrest. whether 
 the arrest is provisional or not. If, for some cause or other the extraili- 
 tion is not granted, the property is returned to the owner; if the extradi- 
 tion takes place, it is turned over either to the agent in (diarge of the fugi- 
 tive or to tin- di[ilomatic representative of the demanding Government. 
 
 The foregoing .•sUetih shows that if the ministi-r of just ice lias mueh to 
 do with all extnulitions in Franco, thet'.ourls of Justice have not. A I'ngi- 
 tive whose, extraditiou is a|)i)lied for can havo a counsel, but he derives 
 from him very little assistance. The I'rcuch Government iieing author- 
 ized by law to expel any foreigner without giving any reason for its notion, 
 no foreigner can appeal to the courtH for protection in such cases. In ex- 
 tradition matters tlie foreign (Jovernment with which France has a treaty 
 
 s. i:x. .■>.■■) '.I
 
 130 
 
 EXTRADITION 
 
 can complain of the manner in which ifc is applied; the fugitive can no'.. 
 He is entirely in the hands of the Government that may grant his extradi- 
 tion even if not obliged to do so by the treaty. 
 
 [Inclosnre 2.] 
 Mr. Eelly to Mr. McLane. 
 
 . Paris, December 9th, 1887. 
 
 Dear Sir : Confirming my conversation with you of last week, I beg now 
 to submit to you the following observations as to the defects that are to be 
 found in the existing extradition treaties of tlie United States with France, 
 the urgent need for having these defects remedied, the principal points 
 which a new treaty with France oiight to cover, and such recent treaties 
 as may serve as models for the same. 
 
 The fundamental treaty between France and the United States is of 1843. 
 Two articles were added thereto, one in 1845 and the other in 1858. Since 
 1858 no extradition treaty or convention of any kind has been made between 
 the two countries. 
 
 The great jjrogress that has taken place within the last ten years in mat- 
 ters of extradition is sufiScieut argument in itself for anew treaty. Not 
 only have recent extnidition treaties differed as to the character of oiiences 
 for which extradition should be granted, but they have also differed as to 
 the manner in which these offences are defined. As it is not desirable at this 
 moment to enter more into details than is absolutely necessary in order to 
 show the urgent need for a new treaty, I shall confine myself to pointing 
 out the defects which appear most loudly to demand attention. They may 
 be briefly summarized as follows : 
 
 First. The list of extraditable offenses should be enlarged. 
 
 Second. Extraditable offenses should be properly defined. 
 
 Third. The character of the evidence necessary to secure extradition 
 should be specified. 
 
 Fourth. An agreement for provisional arrest should be inserted. 
 
 Fifth. The existing arrangement as to expenses should be modified. 
 
 Sixth. Provision should be made for the seizure of property involved in 
 extradition i>roceedings. 
 
 Before examining these in detail it may be well to state at once that the 
 treaty made in 1876 between France and England is the one which would 
 most naturally serves us as a model. In the first place, it was drawn up 
 after a careful examination of both legislations by a parliamentary commit- 
 tee and with careful reference to the differeuce between the two. In the sec- 
 ond place, it embodied the result of experience during the twenty years that 
 preceded it. lu the third place, it has given satisfaction to both parties. 
 
 With this model before us I beg to make with regard to the various points 
 before enumerated the following suggestions: 
 
 First. Tlie list of extraditable ott'enses should be enlarged. 
 
 A comparison of the treaty between the United States aud France above 
 mentioned with that of 1876 between Great Britain and France is the best 
 commentary under this head.
 
 EXTRADITIOX. 131 
 
 Second. Extraditable offenses should be properly defined. 
 
 Under the system adopted in the treaty of 1843 relerence is made almost 
 exclusively to the French law for definition of extraditable offenses. Under 
 the additional article of 1845 by the use of English words reference is infer- 
 entially made to American law for this jinrpose, and under the additional 
 article of 18.58 neither law is either directly or indirectly referred to, but 
 the definition of the offenses added bears upon its face an attempt to com- 
 promise between the two, which is not a success in itself and can not but 
 give rise to difficulty in practice. Indeed, it may bo parenthetically stated 
 that this article as published in the " Bulletin Ofiiciel" is absolutely differ- 
 ent from that published in our own official publicaticno 
 
 The effect of referring to either one of the two legislj-iions involved for 
 an extraditable offense occasions a perpetual conflict <>i law, which it is of 
 the greatest importance to eliminate. An intere>'';ing instance of this con- 
 flict arose in the case of Edmund Yard. The question in that case was 
 whether an executor imder American law could .e assimilated to an offiicier 
 miuisteriel under the law of France. 
 
 The possibility of conflict upon this subject is greatly diminished, if not 
 absolutely disposed of, by definition of extraditable offenses in such terms 
 as to exclude reference to either legislation. " This system has been adopted 
 in the treaty with England of 1876. 
 
 Third. The character of the evidence necessary to secure extradition 
 should be specified. 
 
 Our present treaty has taken no account of the totally different system 
 which prevails in the United States and France in reference to extradition 
 proceedings. 
 
 In our country a demand for extradition gives rise to a judicial proceed- 
 ing under which the courts are called upon to decide whether the papers 
 produced by the Government demanding extradition are sufficient to make 
 a prima facie case. 
 
 This involves an examination into the evidence upon which the original 
 w .rrant of arrest was granted. 
 
 Under the French system a dtniiand for cxtrailition gives rise to no jadi- 
 Aa\ proceedings whatever. The papers produced 1)y the Government de- 
 manding the extradition are examined as to their form only, and if there 
 is no reason to doubt the identity of the person involved, llw) Government 
 by purely administrative decree grants tlie extradition without judicial 
 ]»roceedings of any kind. 
 
 The French system is an arbitrary oie which could not be adopted in 
 England :ind Amei'ica where tho iicrsonal liberty of the individual is sur- 
 rounded by safeguards. The existence of the habeas corpus act iii Anglo- 
 Saxon countries makes it necessary for them to adopt a system which can in 
 no way be assimilated to that prevailing in France. Tho existing treaties 
 with the United States arc aljsolulely silent on this subject, whereas the 
 English treaty goes into this matter with care and precision. 
 
 I'onrth. An agreement for provisional arrest should b(5 inserted. 
 
 The yirovision in tho n»w treaty of France with liidginm of the 2')tli of 
 April. I"^r,'.(, has in this resjiect given satisfaction lo Ixith |)arties, and might 
 conveniently serve an a model to ns. The need of hmcIi a i»rovision is all 
 the greater in our case inas;nuch as the distance between the two countries
 
 132 EXTRADITION. 
 
 is considerable ; arrest upon a telegraphic despatch engages the responsi- 
 l)ility of the Government so arresting to such an extent that it is often diffi- 
 cult in the absence of express treaty stipulations to obtain it. Moreover, 
 an extradition treaty should provide for so vital a contingency as this so as 
 to make it a matter not of favor brit of right. 
 
 Fifth. The existing arraugemcnt as to expenses should be modified. 
 
 The difference in the systems of extradition adopted in the two countries 
 already referred to gives rise to much greater expense in the United States 
 than in France. If our legislation is of a character to throw around the 
 liberty of the individual safeguards unknown to the French law, and we 
 choo.se to provide an expensive system for maintaining these safeguards, 
 it is hardly fair to make another country pay for them. England has seen 
 the strength of this argument, and has modified the old system under which 
 the demanding Government paid all the exj^enses and adopted the better 
 rule that each Government should pay the expenses of its own proceedings. 
 
 This point has an important practical bearing. For every disposition in 
 a treaty which works injustice on one of the parties is sure to react upon 
 the other. In the present instance the disposition of the French Govern- 
 ment to grant extradition to our own is much affected by the fact that it 
 can not obtain extradition from us except at an immense expense. The 
 result is that the French Government hardly ever applies to us for extradi- 
 tion, and when we apply to the French Government for it we are met with 
 an objection arising from this question of expense, which it takes all the 
 cordiality that exists between the two coantries on other subjects to over- 
 come. 
 
 Sixth. Provision should be made for the seizure of property involved in 
 the extradition proceedings. 
 
 The iujportance of providing for the seizure of property whether for the 
 purpose of evidence or for the purpose of restoring to its rightful owner is 
 too obvious to require comment. 
 
 I have only referred to the above points in a cursory manner to-day, but 
 hold myself at your disposal for more ample information whenever you may 
 desire it. In closing, I may state that I have frequently received intima- 
 tions from persons attached to the department of the Government before 
 which matters of extradition are brought, to the effect that the French Gov- 
 ernment would be glad to make a new treaty with the United States. I 
 trust,therefore, that the favorable disposition of the French Government will 
 contribute to facilitate the reiiairing of the defects of the existing conven- 
 tion. 
 
 Your obedient servant, 
 
 Edmond Kelly. 
 
 GERMAN^Y. 
 
 July 3, 1889, Mr. Coleman made the followiug report : 
 
 SiB : Referring to the separate instruction of November 26 last of the 
 Department of State directing me to make a report on the subject of inter- 
 national extradition as practiced by the German Government, I have the 
 honor to inform you that, deemimg the imperial foreign office the best
 
 EXTRADITION. 133 
 
 source and the only authoritative one from which much of the important 
 information souyht could be obtained, I, upon the receipt of the instruction 
 referred to, addressed a note to the secretary of state for foreign ati'airs 
 asking that I might kindly be furnished with the information called for. in 
 the ten groups of questions containesl in the same. 
 
 In response to my application I received on the 1st instant a note from 
 the foreign office, accomjianied by a voluminous "memorial" containing 
 very full aud interesting data respecting the subject of my inquiries, for 
 which I have since thanked Count Berchem, at i)resent in charge of that 
 oflQce, expressing at the same time the conviction that my Government 
 would not fail to appreciate the value of the information thus kindly fur- 
 nished. 
 
 You will perceive from the "memorial" and the accompanying note, 
 which are herewith inclosed, with translations which I have prepared for 
 the purpose, that imperial and Prussian legislation, other than that con- 
 tained in the treaties of the empire with foreign powers, contain no pro- 
 visions whatever regulating or limiting extradition, other than the one to 
 be found in the imperial penal code, which declares that a German shall 
 not be delivered over to a foreign government for prosecution" or punish- 
 ment. The legation is informed, however, in the "memorial" that extra- 
 dition is freely granted in the absence of conventional obligation, stress 
 being laid, however, on the observance in such cases of reciprocity by the 
 demanding state. 
 
 The records of this legation, notably in the case of the requisition for the 
 surrender of Plath, Peters, and Treiber, treated of iu dispatch No. 456, of 
 June '20, 1887, and in earlier dispatches from this legation, attest great 
 readiness on the part of the authorities of this country to facilitate extra- 
 dition upon our requisitions, and great fertility in the adoption and dili- 
 gence in the t-mploymcut of means iu the search for fugitive crimiuals from 
 the United States. 
 
 The imperial treaties relating to extradition referred to in the "memo- 
 rial" are traiismitted herewith iu dnplicate, under separate cover. The 
 treaties on this subject concluded by tlie individual states constituting 
 this empire with foreign nations will be found reproduced in " Marten's 
 Nouveau Kecueil de Traitds," in the library of the Departyieut. There 
 appears to Ije no other printed compilation of those treaties, and separate 
 copies of many of them can not now be obtained. 
 I have, etc., 
 
 Chapman Colkman. 
 
 [lD(rlo8ure 1.— TraDBliition.] 
 Count IJoInlvin to Mr. fUthman. 
 
 I'oHKiUN Office, Berlin, June 27, ld89. 
 The und(!rHign»'d has the honor, referring t«) the note of tlie 14th De- 
 cember last, to inform the cliarg6 d'allaires of the United .States of America, 
 Mr. Chapman Coleman, that the practice in matters relating to extradi- 
 tion, in so far as existing extradition treaties do not contain provisions hav- 
 ing application to the same, is not uniformly regulated for the empire, and
 
 134 EXTRADITION. 
 
 that, as roj^ai'da Prussia in particular, the procedure dcpentls less ou gen- 
 eral rules than ou the principles adhered to in practice. lu order to answer 
 fully the questions presented in the note referred to, it became necessary to 
 m'ake a close examination — the results of wliich will be found embodied in 
 the accompanying n^emorial — of the subject with respect to the attitude of 
 the empire and of Prussia with regard to the same. The questions referred 
 to, in so far as they could not be uniformly answered for all the confeder- 
 ated German states, have been answered in that document as relating to 
 the case of ai)plications for extradition addressed to the empire or Prussia. 
 In so far, however, as it may be desired to be also furnished with more ex- 
 act information concerning the practice prevailing in the other states of 
 the union, the undersigned will gladly use his mediation for the purpose 
 of pi'ocuring the same. 
 
 The undersigned at the same time avails, etc., 
 
 HOLSTEIN. 
 
 [Inclosure 2. — Translation.] 
 
 Memorial concerning the procedure ou iniernational extradition employed by the 
 
 German Empire and Prussia. 
 
 In accordance with German views of justice the principle obtains that a 
 subject of the empire who is in Germany may not be withdrawn from the 
 jurisdiction of his German judge, and that when he has committed a crime 
 or trespass in a foreign country he shall not, on that account, be delivered 
 over to such country, but, the case being an ajipropriate one for .such action, 
 be prosecuted before the courts of his own country. This view of justice 
 finds expression in the German penal code now in force, which provides in 
 paragraph 4, No. 3, that a German may be prosecuted in Germany on account 
 of every act which, under German law, is to be regarded as a crime or tres- 
 pass committed abroad, punishable by the laws of the place where it was 
 committed, and further directs, in paragraph 9, that a German shall not be 
 delivered over to a foreign government for prosecution or punishment. 
 
 Apart from this provision of the penal code, which excludes the extradi- 
 tion of Germans, and from the provisions contained in extradition treaties 
 which make extradition dependent on certain conditions, there exist for the 
 German Empire, and in particular for Prussia, no rules which limit extra- 
 dition to a foreign country. 
 
 As regards the empire, no legal provisions whatever, other than the pro- 
 vision contained in paragraph 9 of the penal code, have been decreed. The 
 treaties respecting the extradition of criminals concluded by His Majesty 
 the Emperor and assented to by the legislative factors, the Bundesrath and 
 the Keichstag, have, however, the force of laws. 
 
 These are the extradition treaties of the empire with the following 
 countries : 
 
 Italy, of October 31, 1«71 (Imperial Law Gazette, 1871, p. 446). 
 
 England, of May 14, 1872 (I. L. G., 1872, p. 229). 
 
 Switzerland, of January 24, 1874 (I. L. G., 1874, p. 113). 
 
 Belgium, of December 24, 1874 (I; L. G., 1875, p. 73).
 
 EXTRADITIOX. 135 
 
 Luxemburg, of March 9, 1876 (I. L. G., 1876, p. 223). 
 
 Brazil, of September 17, 1877 (I. L. G., 1878, p. 293). 
 
 Sweden and Norway, of Jauuai-y 19, 1878 (I. L. G., 1878, p. 110). 
 
 Spuiu, of May 2, 1878 (I. L. G., 1378, p. 213). 
 
 Uruguay, of February 12, 1880 (I. L. G., 1883, p. 287). 
 As also the articles having reference to extradition in the consular treaty 
 with Servia, of January 6, 1883 (Art. XXV, I. L. G., 1883, p. 70), and in the 
 amity and commercial treaty with the South African'Republic, of January 
 22, 1855 (Art. 31, I. L. G.. 1886, p. 228). 
 
 In so far as by laws and treaties of the empire relating to the extradition of 
 criminals, provisions which bind all the states of the union have not been 
 made, those states are not hindered from independently regulating extra- 
 dition by agreements with foreign states, or by laws enacted for their owu 
 territory. 
 
 Of conventions, some of an earlier, some of a later period, for the extradi- 
 tion of criminals, entered into by individual states of the unioQ with va- 
 rious foreign states, there exist a number, and in particular such with 
 France, the Netherlands, Austria-Hungary, and Russia. With the United 
 States of America, also, extradition is regulated by various treaties, as, be- 
 sides the treaty of June IG, 1852, which applies to all of the states of the 
 former North German Union, and also to Hessi-, south of the Main, and to 
 Wiirtemberg, there exist sei>arate treaties with Bavaria and Baden, of 
 September 12, 1853, and January 30, 1857, respectively. 
 
 In detail the (juestions numbered 1 to 10, propounded in the communica- 
 liou of December 14th last, of the legation of the United States of Amer- 
 ica, are answered as follows : 
 
 1. Extradition is also accorded in Prussia and Alsace-Lorraine, as well 
 as in the other states of the uuion, when no treaty requiring the same ex 
 ists. This course is adopted from the point of view that it would not be in 
 accordance either with the country's own interests or with the considera- 
 tion due tofrieiully nations to permit persons Who are prosecuted in foreign 
 countries on account of vile penal acts to evade punishment by the appro- 
 priate foreign courts by obtaining shelter in this couutry. In accordance 
 with this view, therefore, such persons are also without treaty obligation, 
 or in extension of such, upon the rcfjuest of the foreign government regu- 
 larly extradited, in so far as particular objections to such course are not 
 found to exist in individual cases. In connection with such procedure it 
 is customary to nsquirc that by the submission of a warrant of arrest 
 issued by i !ic appr<>[iriate foreign court, or in some other suitable nuinner, 
 it be shown on account, of what acts the person in question is prosecuted, 
 and that reciprocity on the pait of th<5 foreign state ajipears to be assured. 
 What shall be deemed requisite in such cases as regards the matter itself 
 depends upon the free determinatiou of the Government. The requirement 
 of reciprocity could, however, not bedispi.'iised with, since, with every dis- 
 jiosition on the part of Germany to extend to foreign govcrnmentsoflicial co- 
 ojHTation in onler J) bring fugitive criminals to deserved punishment, it 
 can, nevertheless, not bo regarded as proper to accord to a foreigu country 
 an assistance in furthering llu' eiuls of justice which would not be extended 
 in return by the latter under similar circumstances. 
 
 2. Pending the reception of a formal requisition for surrender, and of the
 
 136 EXTRADITION. 
 
 dociiuients to be submitted with the same, the provisioual arrest aud de- 
 tention of a fugitive criminal can be granted. In so far as individual ex- 
 tradition treaties do not contain contrary provisions, the foreign govern- 
 ment ncekiug extradition mnet, in oi'der to secure provisioual arrest and de- 
 tention, make requJBitiou therefor. For such proceedings the diplomatic 
 channel, if no other means are provided, would constitute the rule. The 
 requisition must regularly show on account of what punishable act the per- 
 son in question is judicially prosecuted, and that in the country making 
 the requisition a warrant of arrest has been issued against him. 
 
 To the extent in which greater requirements may in such cases be made 
 by the particular foreign state, the same requirements would eventually be 
 made of such state on the German side. Individual extradition treaties 
 designate how long the fugitive may be provisionally held, and after what 
 period he must be released in case the requisition accompanied by the doc- 
 uments necessary to support the same has not been made within such 
 period. 
 
 This period Is fixed by the treaties with Belgium and Litxemburg for the 
 adjoining Kingdom of Prussia, and as regards Luxemburg, also for the ad- 
 joining imperial territory of Alsace-Lorraine, at fifteen days, aud for the re- 
 mainder of the union at three weeks; pursuant to the ti'eaties with Italy 
 and Switzerland at twenty days ; with Sweden aud Norway at six weeks; 
 with Spain at two months, and, as regards the foreign possessions of Spain 
 at three months; with Brazil aud Uruguay at ninety days. 
 
 In so far as such treaty provisions do not exist, the period is determined 
 by the Government in a particular case in accordance with the circum- 
 stances, and with consideration of the period accorded by the other state 
 in such cases. 
 
 Provisional arrest and detention can be obtained on telegraphic informa- 
 tion. 
 
 3. In the imperial extradition treaty with Belgium it is provided, in view 
 of a legal requirement existing in that country, that provisional arrest 
 shall take place upon a warrant issued by the examining judge (Unter- 
 euchungs-Richter) of the place of sojourn of the fugitive upon the basis of 
 an official communication from the appropriate authority of the state mak- 
 ing the requisition. A like provision is embodied in the extradition treaty 
 with Luxemburg. Provisional arrest in Prussia takes place solely by 
 direction of the administrative (police) authority — in the final resort, the 
 minister of the interior. After the receipt of the formal requisition there 
 is, as a rule, no necessity of a renewed warrant in support of a provisional 
 arrest already decreed. A new one would, however, be necessary if the 
 further detention devolved upon another authority than the one upon 
 whom the provisional arrest devolved. In Prussia the an-est of a criminal 
 whose extradition has been formally requested, as well as tbe provisional 
 arrest, devolves in general upon the administrative (police) authority. A 
 departure from this rule takes jilace only in so far as individual extradi- 
 tion treaties contain provisions not in accord therewith — as, for instance, 
 the treaty with England. While, ijursuant to that treaty, the person 
 whose extradition is requested is to be primarily arrested by the appropriate 
 authorities — therefore iu Prussia by the police authorities — such person is 
 thereupon to be conducted before thejiidf/e who is to examine the i)risoner
 
 EXTRADITION. 137 
 
 and provisionally investigate the peual case in tlie same manner as if the 
 arrest had been made on account of a punishable act committed in the home 
 conntry (of the judge), so that the further detention depends upon the 
 deteiniinai ion of the judge. 
 
 The case is similar with respect to the treaty of June 16, 1852, with the 
 United States of America. These provisions have been adopted solely for 
 the ]3urpose of establishirg a procedure having a reciprocal character with 
 the state of law existing in England and the United States of America. 
 
 A complaint before the German court to obtain provisional arrest and de- 
 tention, or arrest after demand of surrender, is not required in Germany, the 
 principle being acted upon on the German side that extradition is conducted 
 from government to government, and that therefore, after the requisition 
 for surrender has been made by the government desiring extradition upon 
 thegnvernnuMit from whom it is desired, it restswith the latter to adopt in ac- 
 cordance with its laws and institutions further necessary- measures. There- 
 fore when a requisition for extradition or for provisional arrest has been 
 made by a foreign government, instruction is given to the api)r()2)riate 
 German authority to officially take or cause to be taken the measures 
 appropriate to the purpose. In accordance therewith, in particular, the 
 judicial measures requisite for arrest or detention are taken ex-ofificio, or 
 the state attorney is directed to take them, without it being left to the 
 foreign government and its official representatives to apply themselves like 
 a private party to the German authorities or courts, and thus prosecute 
 their claim to extradition, which rests on an international basis, like a 
 private claim by means of a complaint before the authorities of the 
 conntry. Only in the treaty with the United States of America is a " state- 
 ment 8ui)portedby oath " ("complaint made under oath ") provided for, and 
 in view of the procedure observed there, Germany must also meet requisitions 
 of the United States with a similar requirement. 
 
 4. The requisition for extradition is regularly communicated to the min- 
 isters of the interior and of justice, and in connection with -those author- 
 ities subjected to a provisional examination. If objections to according 
 surrender are not found at this stage of the proceilure, the matter is cus- 
 tomarily turned over to the; provincial authorities for closer investigation. 
 and in such mauner tiiat the administrative authority (the governmontal 
 president) and the state attornej' having jurisdiction at the "place where 
 the arrest of the fugitive takes place are entrusted therewitli. Upon the 
 administrative autliority devolves in this conn<;ction in particular the in- 
 vestigation of the relations which concern the jterson and nationality of 
 the fugitive, while the (piestion whc^tlier the punishable acts with which 
 the fugitive is charged atford in their legal nature* sullicient grounds for 
 extradition is especially one for the tlic examination of the state allorney. 
 The courts participat 11 in Prussia in tiiis investigaiimi only in so far as ex- 
 pressly provided for in theextradition treaties with foreign states, asin par- 
 ticular with England and the United States. This provision, howevtsr, as 
 already indicated, has only l»een emb«idi(;d in those tn^aties in eonsideialion 
 of the circnmstances that in the foreign states in question a judicial (iroced- 
 ure takes ]»laee in which evidence of the guilt of the fugitive, must he sub- 
 mitted, whirji ai>pe:iis to reniler it proper that a like re(iuir(Mneiit should bo 
 made on the German side in cafte of requisitions by those states, and that
 
 138 EXTRADITION. 
 
 the evkloQce submitted by them should bo subjected to examination her© 
 also. lu these cases it devolves upon the Germau courts to pass upon the 
 snflioipiicy of the evidence submitted, in order that — in accordance with 
 the laws of the state upon which the requisition is made — it may be shown 
 either that the commitment of j;he fugitive for trial, in case the punishable 
 act had been done in that state, would be jnstifiable, or that the fngitive 
 is identical with the person condemned by the courts of the state making 
 the requisition. 
 
 The judicial decision on these points, when reached, is communicated 
 by the state attorney to the minister of justice, and is regarded by the 
 executive as the utterance of the official authority upon which the decision 
 of such questions devolves. The papers to be submitted to the court must 
 be conveyed to the Government through diplomatic mediation. Apart 
 from the participation of the courts, which occurs only in connection with 
 requisitions for extradition by England and the United States of America, 
 these courts do not in Prussia occupy themselves with an examination of 
 requisitions for extradition, for the I'eason that in examinations of requisi- 
 tions made by other states than England and the United States of America, 
 it is not a question of the consideration of the evidence of the guilt of the 
 fugitive. The question of guilt is, according to the view which obtains 
 here, solely for the consideration of the foreign courts upon whom it de- 
 volves to adjudge the fugitive, while for this Government it is only a ques- 
 tion of determining whether the state attorney here should surrender the 
 fugitive criminal to the appropriate foreign authoiities, that is to say, 
 whether in the foreign country a penal ijrosecution is' pending for which 
 such assistance in furthering the ends of justice should be accorded. The 
 examination of this question, which relates to the prosecution rather than 
 to the trial (Aburtheilung), would seem to devolve with peculiar pro- 
 priety upon the state attorney, he being the official upon whom the prosecu- 
 tion in all internal penal cases devolves. 
 
 5. The documents to be submitted as a basis for requisitions for extradi- 
 tion, pursuant to most of the Imperial extradition treaties (such in partic- 
 ular as those with Belgium, Luxemburg, Sweden and Norway, Spain, and 
 Uruguay), must be submitted in tlie original or in authenticated copies, 
 and in such form as the laws of the state desiring the extradition prescribe. 
 
 With respect to individual states, such, for instance, as Austria-Hun- 
 gary, Switzerland, and Luxemburg, partly on the basis of an agreement, 
 partly on that of existing practice on both sides, a further authentication 
 is not required when the documents submitted are made out witb signa- 
 ture and official seal by the appropriate authorities of the state making the 
 requisition, while in general it is required that the documents in question 
 shall at the end be authenticated by the representative here of such state, 
 in order that the authentication of the foreign office may be added before 
 tin' documents are transmitted to ttther German authorities. The treaty 
 with England requires authentication by a sworn witness, or by an im- 
 pression of the seal of the minister of justice or other minister of state 
 making the requisition. Since for the documents to be submitted to the 
 United States of America as a basis for requisitions for extradition a par- 
 ticular certiticate of authentication is prescribed there in which it is espe- 
 ciallj* expressed that the documents iu question are sufficient as evidence
 
 EXTRADITION. 139 
 
 in Germany, it will be necessary to atld to the documents submitted with 
 an American requisitioa for extradition a similar certificate of authentica- 
 tion in which it is certified in particular that such documents have been 
 made out by the appropriate authorities of the Uuited States, and that 
 they are entitled to full credence there. 
 
 G. After the jirovincial authorities, or, as the case may be, the courts, 
 have concluded the examination confided to them under Nos. 3 and 4, and 
 have reported on the subject, the decision upon the requisition for extra- 
 dition ensues at the central resort — in Prussia upon an understanding ar- 
 rived at among the ministers for foreign affairs, of the interior, and of 
 justice — and according to the circumstances of the particular case, after 
 consideration of the matter by the Royal Prussian Government, or such 
 other government of a state of the union as may be concerned, or the im- 
 perial stadtholder of Alsace-Lorraine, with the chancellor of the Empire 
 (or the foreign office). The decision reached is officially communicated 
 by the foreign office to the representative, from whom the request has 
 been received, of the state making the requisition. 
 
 7. All the articles found in possession of the person to be extradited at 
 the time of his arrest are, as a rule, officially seized, and incase the ap- 
 propriate authority of the state applied to for extradition has directed 
 their delivt^ry, are surreud'- red together with the prisoner. This proced- 
 ure is employed, however, only in so far as reciprocity is assured. 
 
 Pursuant to the German extradition treaties this course has been regu- 
 larly pursued with respect to the particular states, but not with respect 
 to the United States of America. As the seizure and delivery of articles in 
 the United States does not take place ex officio, it being left to the persons 
 sustaining damage to effect the surrender of the same by bringing action 
 therefor before the American courts, it could not be reckoned on that on 
 the frcrman side, in case of an American re(inisition for seizure and sur- 
 render of the articles found, such requisition would be ex officio complied 
 with ; the persons sustaining damage would, however, be at liberty to 
 prosecute their claims by action before tJio German courts. 
 
 8. The fugitive whose extradition has beeu granted is delivered to the 
 authorities of the state making the requisition at the frontier, and not at the 
 jilace where ho is detained. If the conv«\vaiice home of the criiuinal takes 
 place by sea on a vessel [not] carrying tlio German Ihig, and a person has 
 been sent by the state making the requisition to Germany to receive him, 
 he is delivered to that person at the port of embarkation on board the ves- 
 sel (not a German one) in (piestion. Ifthi; voyage is to taki^ place on a 
 German vessel, the fugitive, for the reason that autiiority over a prisoner 
 can not be accorded to a foreign official on l)oard a German vessel, in Ger- 
 man watcrsoron the liighsea, is not delivered over to such official until the 
 territorial waters of the state making the roipiisition are reached. 
 
 As soon ofi extradition is granted the measures necessary to effect it are 
 iinmorliately t:ikf(n. A particul.ir period witliin which tlie fugitive must be 
 taken in charge or removed from the e«»nntry is no! lixerl either by l.aw 
 or by treaty. 
 
 [t. The transit of a criminal snirendeied by a lliird state is granted by 
 the Government of His Majesty the Kmperor or by fl)at of another stateof 
 the union under the same conditions aa extradition. What tlu! German
 
 1-10 EXTRADITION. 
 
 attitude witli respect to England and the United States of America would 
 be in such cases, and whether in particular proofs of the guilt of the fugi- 
 tive would be necessary, has not yet been considered. Germany would, it 
 is to be presumed, upon an assurance from England or America that, 
 a case occurring, transit would not be made dependeat upon the submission 
 of such proofs, have no objection to permit the transit of a criminal to 
 England or the United States in the same manner, without submission of 
 proofs of guilt, upon the production ouly of a warrant of arrest issued 
 by the Euglisli or American judge. 
 
 Transit through German territory takes place regularly with the accom- 
 paniment of a German police of6cial. 
 
 10. As regards costs it is the rule for the empire, and all the states of the 
 union, that a reimbursement of the costs arising from the arrest, the main- 
 tenance and the transportation of the fugitive up to the time the frontier 
 is reached, is not to be demanded of the state making the requisition, but 
 that these costs are to be borne rather by the state upon which the requisi- 
 tion is made. Thisi^rinciple has been embodied in all extradition treaties 
 as yet conclnded by the empire, and is also regularly applied in extradi- 
 tions which take place on the basis of reciprocity without treaty obligations. 
 Apart from an older agreement with Austria-Hungary made in the period of 
 the confederated relation, ouly the treaties existing between Germany and 
 the United States of America contain a provision pursuant to whicli the 
 costs of the arrest and extradition are to be repaid by the government mak- 
 ing the requisition. This provision, in connection with the large amount 
 of the costs which arise in America, has resulted in compelling the German 
 authorities in many cases to abstain from making requisition for the extra- 
 dition of criminals who have found an asylum in the United States of 
 America. 
 
 GREAT BRITAIN. 
 
 I.— BRITISH LEGISLATION. 
 
 EXTIiADITIOX ACT (1870). 
 
 [33 and 34 Vict., c. 52.] 
 AN ACT for amending the law relating to the extradition of criminals. 
 
 [9th August, 1870.] 
 
 Whereas it is expedient to amend the law relating to the surrender to 
 foreign states of persons accused or convicted of the commission of certain 
 crimes within the jurisdiction of such states, and to the trial of criminals 
 surrendered by foreign .states to this country: 
 
 Be it enacted by the Queen's Most Excellent Majesty, by and with the 
 advice and consent of the lords spiritual and temporal, and Commons, in 
 this present Parliament as.sembled, and by the authority of the same, as 
 follows :
 
 EXTRADITIOX. 1-^1 
 
 PRELIMINARY. 
 
 Short title. 
 
 1. This act may be cited as "The extradition act, 1870." 
 
 Where arrangement for surrender of criminala made, order in council to 
 
 apply act. 
 
 2. Where an arrangement has been made with any foreign state with 
 respect to the surrender to such state of any fugitive criminals, Her Majesty 
 may, by order in council, direct that this act shall apply in the case of 
 such foreign state. 
 
 Her Majesty may, by the same or any subsequent order, limit the opera- 
 tion of the order, and restrict the same to fugitive criuiinals who are in or 
 suspected of being in the part of Her Majesty's dominions specified in the 
 order, and render the operation thereof subject to such conditions, excep- 
 tions, and qualifications as may be deemed expedient. 
 
 Every such order shall recite or embody the terms of the arrangement, 
 and shall not remain in force for any longer period than the arrangement. 
 
 Every such order shall be laid before both houses of Parliament within 
 six weeks after it is made, or, if Parliameut be uot then sitting, withiu sis 
 weeks after the then next meeting of Parliament, and shall also be pub- 
 lished in the "London Gazette." 
 
 Eeslrictious on surrender of criminals, 
 
 '■i. The following restrictions shall be observed with respect to the sur- 
 render of fugitive criminals: 
 
 (1) A fugitive criminal shall not be surrendered if the offense in respect 
 of which his surrender is demanded is one of a political character, or if he 
 I)rove to the satisfaction of the (lolice magistrate or the court before whom 
 he is brought on habeas corjjus, or to the secretary of state, that the requisi- 
 tion for his surrender has in fact been made with a view to try or punish 
 him for an ofTense of a political character: 
 
 (2) A fugitive criminal shall not be surrendered to a foreign state unless 
 provision is made by the law of that state, or by arrangement, that the fugi- 
 tive criniiual hIi dl not, until he has been restored or had an op])ortniiily 
 of returning to Her Majesty's dominions, be detained or tried in that for- 
 eign state for any offens<> committed prior to his surrender, other than the 
 extradition crime proved by the facts on which the surrender is grounded : 
 
 (3) A fugitive criminal who has been accused of some offense within 
 English jurisdiction not being the oHense for which his surrender is asked, 
 i>r is uiMhjrgoing sentence under any conviction in llui United Kingdom, shall 
 not b<- surrcndcrt'd unlil afttu- ho has been discharged, whether by acquittal 
 or on expiration f>f his sentence or otherwise! : 
 
 (4) A fugitive criminal shall not bo surrendered until the expiration of 
 fifteen days from the date of his being committed to prison to await his 
 surrender.
 
 142 EXTRADITION. 
 
 Provisions of arrangement for surrender. 
 
 4. An order in council for applying this act in the case of any foreign 
 state shall not he made unless the arrangement — 
 
 (1) Provides for the determination of it by either party to it after the 
 expiration of a notice not exceeding one year; and, 
 
 (2) Is in conformity with the provisions of this act, and in particular with 
 the restrictions on the surrender of fugitive criminals contained in this act. 
 
 Publication and effect of order. 
 
 5. When an order applying this act, in the case of any foreign state, has 
 been published in the "London Gazette," this act (after the date specified in 
 the order, or if no date is specified, after the date of the publication) shall, 
 so long as the order remains in force, but subject to the limitations, re- 
 strictions, conditions, exceptions, and qualifications, if any, contained in 
 the order, apply in the case of such foreign state. An order in council 
 shall be conclusive evidence that the arrangement therein referred to com- 
 plies with the requisitions of this act, and that this act applies in the case 
 of the foreign state mentioned in the order, and the validity of such order 
 shall not be questioned in any legal proceedings whatever. 
 
 Liability of criminal to surrender. 
 
 6. When this act applies in the case of any foreign state, every fugitive 
 criminal of that state who is in, or suspected of being in, any part of Her 
 Majesty's dominions, or that part which is specified in the order applying 
 this act (as the case may be), shall be liable to be apprehended and sur- 
 rendered in manner provided by this act, whether the crime in respect of 
 which the surrender is sought was committed before or after the date of 
 the order, and whether there is or is not any concurrent jurisdiction in any 
 court of Her Majesty's dominions over that crime. 
 
 Order of secretary of state for issue of ivarrant in United Kingdom if crime is 
 
 not of a 2)olitical character. 
 
 7. A requisition for the surrender of a fugitive criminal of any foreign 
 state who is in, or suspected of being in, the United Kingdom, shall be 
 made to a secretary of state by some person recognized by the secretary of 
 state as a diplomatic representative of that foreign state. A secretary of 
 state may, by order, under his hand and seal, signify to a police magistrate 
 that such requisition has been made, and require him to issue his warrant 
 for the apprehension of the fugitive criminal. 
 
 If the secretary of state is of the opinion that the offense is one of a 
 political character, he may, if he thinks fit, refuse to send any such order, 
 and may also, at any time, order a fugitive criminal accused or convicted 
 of such offense to be discharged from custody. 
 
 Issue of warrant by police magistrate, justice, etc. 
 
 8. A warrant for the apprehension of a fugitive criminal, whether ac- 
 cused or convicted of crime, who is in, or suspected of being in, the United 
 Kingdom, may be issued — 
 
 (1) By a police magistjate, on the receipt of the said order of the secre-
 
 EXTRADITION. 143 
 
 tary of state, and ou sucli evidence as would, iu liis opiuiou, justify tlie 
 issue of the warrant if the crime bad been committed or tbe criminal con- 
 victed in England ; and 
 
 (2) By a police magistrate, or any justice of tbe peace iu any part oT ilie 
 United Kingdom, on sucb information or complaint aud such evidence or 
 after sacb proceedings as would, in tbe opinion of tbe person issuing tbe 
 warrant, justify tbe issue of a warrant if tbe crime bad been committed or 
 the criminal convicted in that part of tbe United Kingdi)m in which he 
 exercises jurisdiction. 
 
 Any person issuing a warraut under this section without an order from 
 a secretary of state shall forthwith send a report of tbe fact of sucb issue, 
 together with the evidence and information or complaint, or certified copies 
 thereof, to a secretary of state, who may, if he thiuk fit, order the warrant 
 to be cancelled, aud the person who has been apprehended on tbe warrant 
 to be discharged. 
 
 A fugitive criminal, when apprehended on a warrant issued without the 
 order of a secretary of state, shall be brought before some person baviug 
 power to issue a warrant under this section, who sliall, by warrant, order 
 him to be brought, and tbe prisoner shall accordingly be brought, before 
 a police magistrate. 
 
 A fugitive criminal apprehended on a warrant issued without the order 
 of a secretary of state shall be discharged by the police magistrate, unless 
 the police magista-ate, within such reasonable time as, with reference to 
 the circumstances of the case, he may fix, receives from a secretary of >tate 
 an order signifying that a requisition has been made for the surrender of 
 such criminal. 
 
 Hearing of case and evidence of polilicaJ character of crime. 
 
 y. When a fugitive criminal is brought before the police magistrate, tbe 
 police magistrate shall hear tbe casein the same manner, and have tbe same 
 jurisdiction and powers, as near as may be, as if tbe prisoner were brought 
 Ijefore him cliarged with an indictable offense committed in England. 
 
 The police magistrate shall receive any evidence which may be tendcjrcd 
 to show that tbe crime of which tbe prisiuier is accu.sed, or alb^ged to have 
 been convicted, is an offense of apolitical character, or is not an extradition 
 crime. 
 
 Cumniittal or disckargc of prixotitr. 
 
 ID. In till! case of a fngilivn ciimiu.-il accused oC an txtraditiou ciime, if 
 the torcign warrant authorizing tbe arrest of sucli criminal is duly authen- 
 ticated, and such evidence is produced as (subject to the provisions of f Ins 
 act) would, according to (lie law of Eiiglaud. justify the committal for trial 
 of the jiristirier if the crime of wliicli ho is accused Inul liceu counnitted iu 
 England, the police magistr.ate shall commit him to prison; but otluMwiHo 
 shall order him to bo discharged. 
 
 In the case of a fugitive criuiin.'il alleged to have; lieen convicted of ;iu 
 extradition crime, if such evi<lcnce is produced as (sultject to tin; provisiouH 
 of this act) would, according to the law of Engl.'ind, j)rove that the i>risoner 
 was convicted of stub crime, the i^dice maglHlrate shall commit him to 
 prison; but otherwise shall order liim to bo discharged.
 
 144 EXTRADITION. 
 
 If he commits such ciimiual to prison, he shall commit him to the Mid- 
 dlesex house of detention, or to some o^her prison in Middlesex, there to 
 await the warrant of a secretary of state for his surrender; and shall forth- 
 with send to a secretary of state a certificate of the committal, and such 
 report upon the case as he may see fit. 
 
 Surrender of fugitive io foreign state by warrant of secretary of state, 
 
 11. If the police magistrate commits a fugitive criminal to prison, he 
 shall inform such criminal that he will not be surrendered until after the 
 expiration of fifteen days, and that he has a right to apply for a writ of 
 habeas corpus. 
 
 Upon the expiration of the said fifteen days, or, if a writ of habeas corpus. 
 is issued, after the decision of the court upon the return to the writ, as the 
 case may be, or after such further period as may be allowed in either case 
 by a secretary of state, it shall be lawful for a secretary of state, by a war- 
 rant under his hand and seal, to order the fugitive criminal (if not deliv- 
 ered on the decision of the court) to be surrendered to such person as may 
 in his opinion be duly authorized to receive the fugitive criminal by the 
 foreign state from which the requisition for the surrender proceeded, and 
 such fugitive criminal shall be surrendered accordingly. 
 
 It shall be lawful for an\- person to whom such warrant is directed, and 
 for the person so authorized as aforesaid to receive, hold in custody, and 
 convey wirhiu the jurisdiction of such foreign state the criminal mentioned 
 in the warrant ; and if the criminal escapes out of any custody to which he 
 may be delivered on or in pursuance of such warrant, it shall be lawful to 
 retake him in the same manner as any person accused of any crime against 
 the laws of that part of Her Majesty's doniinions to which he escapes may 
 be retaken upon an escape. 
 
 Discharge of persons apprehended if not conveyed out of United Kingdom iviihin 
 • two months. 
 
 12. If the fugitive criminal who has been committed to prison is not sur- 
 rendered and conveyed out of the United Kingdom within two months after 
 .such committal, or, if a writ of habeas corpus is issued after the decision of 
 the court upon the return to the writ, it shall be lawful for any judge of 
 one of Her Majesty's superior courts at Westminster, upon application 
 made to him by or on behalf of the criminal, and upon proof that reason- 
 able notice of the intention to make such application has been gJiren to a 
 secretary of state, to order the criminal to be discharged out of custody, 
 unless sufficient cause is shown to the contrary. 
 
 Execution of ivarrant of police magistrate. 
 
 1.3. The warrant of the police magistrate issued in pursuance of this act 
 may be executed in any part of the United Kingdom in the same manner 
 as if the same had been originally issued or sub.sequently indorsed by a 
 justiceof the peace having jurisdiction in the place where the same is exe- 
 cuted. ■
 
 EXTRADITION. 145 
 
 Depositions to he evidence. 
 [6 and 7 Yict., c. 76.] 
 
 14. Depositions or statements on oath, taken in a foreign state, and copies 
 of such original depositions or statements, and foreign certificates of or 
 judicial documents stating the fact of conviction, may, if duly authenti- 
 cated, be received in evidence in proceedings under this act. 
 
 Authentication of depositions and tvarrants. 
 [29 and 30 Vict., c. 121.] 
 
 15. Foreign warrants and depositions or statements on oath, and copies 
 thereof, and certificates of or judicial documents stating the fact of con- 
 viction, shall be deemed duly authenticated for the purposes of this act, if 
 authenticated in manner provided for the time being by law or authenti- 
 cated as follows: — 
 
 (1) If the warrant purports to be signed by a judge, magistrate, or officer 
 of the foreign state where the same was issued ; 
 
 (2) If the depositions or statements or the copies thereof purport to be 
 certified under the hand of a judge, magistrate, or officer of the foreign 
 state where the same were taken to be the original depositions or statements, 
 or to be true copies thereof, as the case may require; and, 
 
 (3) If the certificate of or judicial document stating the fact of convic- 
 tion purports to be certified by a judge, magistrate, or officer of the foreign 
 state where the conviction took place ; and, 
 
 If in every case the warrants, depositions, statements, copies, certificates, 
 and judicial documents (as the case maj* be) 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: And all courts of justice, justices, 
 and magistrates shall take judicial notice of such official seal, and shall 
 admit the documents so authenticated bj' it to be received in evidence 
 without further proof. 
 
 CRIMES COMMITTED AT SEA*. 
 Jurisdiction as to n-imes committed at sea. 
 
 16. Where the crime in respect of which the surrender of the fugitive is 
 sought was committed on board any vessfd on the high seas which comes 
 into any i)ort of the United Kingdom, the following jirovisions sliall have 
 effect : — 
 
 (1) Tiiis act shall be construtrd as if any stipendiary magistrate in Eng- 
 land or Ireland, and any siierilVor sherifl substitiit*; in {Scothaud, wore sub- 
 stituted for the pfdice magistrate throughout this act, except the part relat- 
 ing to the execution of the warrant of the police magistrate: 
 
 (2) The criminal may be committed to any prison to wliich the ixtsoii 
 committing liim lias i)ower to commit pci-sons accused of tin- like crime: 
 
 (3) If the fugitive ciiminal is appreln-nded on a warrant issued without 
 the order of a secretary of state, he shall he brouglit before the stipi-udiary 
 magistrate, sheriff, or slierilf substitute, who issued tlie warrant, or who 
 has jurisdiction in the port where the ves-sel lies, or iu thts place nearest to 
 that port. 
 
 S. Kx. r>.l 10
 
 146 EXTRADITION 
 
 FUGITIVE CRIMINALS IN BRITISH POSSESSIONS. 
 
 Froceedings as to fugitive criminals in-British possessions. 
 
 17. This act, wheu applied by order iu council, shall, unless it is other- 
 wise provided by such order, extend to every British possession in the same 
 manner as if throughout this act the British possession were substituted 
 for the United Kingdom or England, as the case may require, but with the 
 following modifications; namely, 
 
 (1) The requisition for the surrender of a fugitive criminal who is in or 
 suspected of being iu a British possession may be made to the governor of 
 that British possession by any person recognized by that governor as a 
 consul-general, consul, or vice-consul, or (if the fugitive criminal has es- 
 caped from a colony or dependency of the foreign state on behalf of which 
 the requisition is made) as the governor of such colony or dependency : 
 
 (2) No warrant of a secretary of state shall be required, and all powers 
 vested in or acts authorized or required to be done under this act by the 
 police magistrate and the secretary of state, or either of them, in relation 
 to the SLiirender of a fugitive criminal may be done by the governor of the 
 British possession alone : 
 
 ' (3) Any prison in the British possession may be substituted for a prison 
 in Middlesex: 
 
 (4) A judge of any court exercising in the British possession the like 
 powers as the court of queen's bench exercises in England, may exercise 
 the power of discharging a criminal when not conveyed, within two months, 
 out of such British possession. 
 
 Saving of laws of British possessions, 
 
 18. If, by any law or ordinance, made before or after the passing of this 
 act by the legislature of any British possession, provision is made for car- 
 rying into effect, within such possession, the surrender of fugitive crimi- 
 nals who are in, or siispected of being in, such British possession. Her Maj- 
 esty may, by the order in council applying this act in the case of any for- 
 eign state, or by any subsequent order, either suspend the operation, 
 ■within any such British possession, of this act, or of any part thereof, so far 
 as it relates to such foreign state, and so long as such law or ordinance con- 
 tinues iu force there, and no longer ; or direct that such law or ordinance 
 or any part thereof shall have effect in such British possession with or with- 
 out modifications and alterations, as if it were part of this act. 
 
 GENERAL PROVISIONS. 
 
 Criminal surrendered by foreign state not triable for previous crime. 
 
 19. Where, in pursuance of any arrangement with a foreign state, any 
 person accused or convicted of any crime which, if committed in England, 
 would be one of the crimes described in the first schedule to this act, is sur- 
 rendered by that foreign state, such person shall not, until he has been 
 restored or ha<l an opportunity of returning to such foreign state, be tria- 
 ble or tried for any offense committed prior to the surrender in any part of 
 Her Majesty's dominions, other than such of the said crimes as may be 
 proved by the facts on which the surrender is grounded.
 
 EXTRADITION. 147 
 
 As to use of forms in second schedule. 
 
 20. The forms set forth iu the second schedule to this act, or forms as 
 near thereto as circumstances admit, may be used in all matters to which 
 such forms refer, and in the case of a British possession may he so used, mu- 
 tatis mutandis, and when used shall be deemed to bo valid and snflScient in 
 law. 
 
 Revocation, etc., of order in council, ' 
 
 21. Her Majesty may, by order in council, revoke or alter, subject to the 
 restrictions of this act, any order iu council made in pursuance of this act, 
 and all the provisions of this act with respect to the original order shall 
 (so far as applicable) apply, mutatis mutandis, to any such new order. 
 
 Application of act in Channel Islands and Isle of Man. 
 
 22. This act (except so far as relates to the execution of warrants iu the 
 Channel Islands) shall extend to the Channel Islands and the Isle of Man 
 in the same manner as if they were part of the United Kingdom; and the 
 royal courts of the Channel Islands are hereby respectively authorized and 
 required to register this act. 
 
 Saving for Indian treaties. 
 
 23. Nothing in this act shall affect flie lawful powers of Her Majesty or 
 of the governor-general of India iu council to make treaties for the extra- 
 dition of crimiuals with Indian native states, or with other Asiatic states 
 conterminous with British India, or to carry into execution the provisions 
 of any such treaties made either before or after the passing of this act. 
 
 Power of foreign state to obtain evidence in United Kingdom. 
 
 24. The testimony of any witness may be obtained ui relation to any 
 criminal matter pending in any court or tribunal in a foreign state in like 
 manner as it may be obtained in relation to any civil matter under the act 
 of the session of the nimiteenth and twentieth years of the reign of her 
 present Majesty, cUai)ter one hundred and thirteen, intituled "An act to 
 provide for taking evidence in Iler Majesty's dominions in relation to civil 
 and commercial matters pending before foreign tribunals ;^' and all the 
 provisions of that act shall be construed as if the term civil matter iu- 
 cludcMi a criminal matter, and tlie teirn cause included a pxoceeding against 
 a criminal: Provided, That nothing in this section shall apply in the case 
 of any criminal matter of a political character. 
 
 Foreign slate includes dependencies. 
 
 2.5. For the pury)oscs of this act every colonj', df^xMidenry, and conslitu- 
 ent part of a foreign state an'' every vessel of i hat state shall (except where 
 expressl}' mentioned as distinct in this act) bo dccnird to be within the 
 jurisdiction of, and to bo part of, such foreign state.
 
 148 EXTRADITION. 
 
 DEFINITION OF TEKMS. 
 
 "British possession." 
 
 26. In this act, unless the contest otherwise requires — 
 The term "British possession" means auy^colony, plantation, island, ter- 
 ritory, or settlement within Her Majesty's dominions, and not within the 
 Uuited Kingdom, the Channel Islands, and Isle of Man; and all colonies, 
 plantations, islands, territories, and settlements under one legislature, as 
 hereinafter defined, are deemed to be one British possession : 
 
 ^^Legislature." 
 
 The term "legislature" means any person or persons who can exercise 
 legislative authority in a British possession ; and where there are local 
 legislatures as well as a central legislature, means the central legislature 
 only: 
 
 "Governor." 
 
 The term "governor" means any person or persons administering the gov- 
 ernment of a British possession, and ' includes the governor of any part of 
 India : 
 
 " Extradition crime." 
 
 The term "extradition crime" means a crime which, if committed in 
 England or within English jurisdiction, would be one of the crimes de- 
 Bcribed in the first schedule to this act : 
 
 " Conviction." 
 
 The terms "conviction" and "convicted" do not include or refer to a 
 conviction which, under foreign law, is a conviction for contumacy, but 
 the term " accused person " includes a person so convicted for contumacy: 
 
 "Fugitive criminal." — "Fugitive criminal of a foreign state." 
 
 The term " fugitive criminal" means any person accused or convicted of 
 an extradition crime committed within the jurisdiction of any foreign state 
 who is in, or suspected of being in, some part of Her Majesty's dominions; 
 and the term#" fugitive criminal of a foreign state" means a fugitive crim- 
 inal accused or convicted of an extradition crime committed within the 
 jurisdiction of that state : 
 
 " Secretary of state." 
 
 The term "secretary of state" means one of Her Majesty's principal sec- 
 retaries of state : 
 
 "Police magistrate." 
 
 The term "police magistrate" means a chief magistrate of the metropol- 
 itan police courts, or one of the other magistrates of the metropolitan police 
 court in Bow street :
 
 EXTEADITIOi!T. 149 
 
 "Justice of the peace." 
 
 The term "justice of the peace" includes, in Scotland, any sheriff, 
 sheriff substitute, or magistrate : 
 
 \ 
 
 " Warrant." 
 
 The term " warrant," in the case of any foreign state, includes any ju- 
 dicial document authorizing the arrest of a person accused or convicted of 
 crime. , 
 
 REPEAI. OF. ACTS. 
 
 Bepeal of acts in third schedule. 
 
 27. The acts specified in the third schedule to this act are hereby repealed 
 as to the whole of Her Majesty's dominions; and this act (with the excep- 
 tion of anything contained in it which is inconsistent with the treaties 
 referred to in the acts so repealed) shall apply (as regards crimes committed 
 either before or after the passing of this act) in the case of the foreign 
 states with which those treaties are made, in the same manner as if an 
 order in council referring to such treaties had been made in pursuance of 
 this act, and as if such order had directed that every law and ordinance 
 which is in force in any British possession with respect to such treaties 
 should have effect as part of this act. 
 
 Provided that if any i^roceediugs for or in relation to the surrender of a 
 fugitive criminal have been commenced under the said acts previously to 
 the repeal thereof, such proceedings may be completed, and the fugitive 
 surrendered in the same manner as if this act had not passed. 
 
 SCHEDULES. 
 FIRST SCHEDULE. 
 
 List of Crimea. 
 
 The following list of crimes is to be construed according to the law esist- 
 iug in England, or in a British possession (as the case maybe), at the date 
 of the all(iged criiiio, whotlier by common law or by statute ipade before or 
 after the passing of tills act : 
 
 Murder, and attempt and conspiracy to murder. 
 
 Manslaughter. 
 
 Counterfeiting and altering money, and uttering couute^eit or altered 
 money. 
 
 Forgery, couutcrfeitiug, and altering, and uttering what is forged or 
 counterfeited or altered. 
 
 Embezzlement and larceny. 
 
 Obtaining money or goods by false pretenses. 
 
 CriniPH by bankrni»tH against bankruptcy law. 
 
 Fraud by bailee, banker, agent, factor, trustee, or director, or member, 
 or public ofQcer of any company made criminal by any act for the time 
 being in force. 
 
 Rafie. 
 
 Abduction. 
 
 Cbild-Btealiug.
 
 150 EXTRADITION. 
 
 Burglary and house-breaking. 
 
 Arson. 
 
 Eobbcry with violence. 
 
 Threats by letter or otherwise with intent to extort. 
 
 Piracy by law of nations. 
 
 Sinking or destroying a vessel at sea, or attempting or conspiring to 
 do so. 
 
 Assaults ou board a ship on the high seas with intent to destroy life or 
 to do grievous bodily harm. 
 
 Revolt or conspiracy to revolt by tw o or more persons on board ship on 
 the high seas agaiust the authority of the master. 
 
 SECOND SCHEDULE. 
 
 Form of order of secretary of state to the XJoUce magistrate. 
 To the chief magistrate of the metropolitan police courts, or other magis- 
 trate of the metropolitan police court, in Bow street \_or the stipendiary 
 magistrate at ] : 
 
 Whereas in pursuance of an arrangement with , referred to 
 
 in an order of Her M.^jesty in council, dated the day of , a 
 
 requisition has been made to me, , one of Her Majesty's 
 
 principal secretaries of state, by , the diplomatic representa- 
 
 tive of , for the surrender of , late of , accused [^or 
 
 convicted] of the commission of the crime of , within the jurisdic- 
 
 tion of : 
 
 Now I hereby, by this my order, under my hand and seal, signify to you 
 that such requisition has been made, and require you to issue your warrant 
 for the apprehension of such fugitive, provided that the conditions of the 
 extradition act, 1870, relating to the issue of such warrant, are in your 
 judgment complied with. 
 
 Given under the hand and seal of the undersigned, one of Her Majesty's 
 principal secretaries of state, this day of , 18 . 
 
 Form of warrant of apprehension lij order of secretary of state. 
 
 Metropolitan police district lor county or borough of] , to wit: 
 
 To all and each of the constables of the metroi)olitan police force [or of 
 
 the county or borough of ] : 
 
 Whereas the right honorable , one of Her Majesty's princi- 
 
 pal secretaries of state, by order, under his hand and seal, hath signified 
 to me that requisition hath been duly made to him for the surrender of 
 , late of , accused lor convicted] of the commission 
 
 of the crime of , withiu the jurisdiction of : This is therefore 
 
 to command you, in Her Majesty's name, forthwith to apprehend the said 
 , pursuant to the extradition act, 1870, wherever he may be 
 found in the United Kingdom, or Isle of Man, and bring him before mo 
 or Bome other [*magi8trate sitting in this court], to show cause why he 
 should not be surrendered, in pursuance of the said extradition act, for 
 which this shall be your warrant. 
 
 Given under my hand and seal, at [*Bow street, one of the police courts 
 of the metropolis], this day of , 18 . 
 ,J-P- 
 
 "Alter as required.
 
 EXTRADITION. 151 
 
 Form of warrant of apprelitnsion icithoitt order of secretary of st6,tb. 
 
 Metropolitan police district [or county or borough of], to wit: 
 
 To all and each of the constables of the metropolitan police force, [or of 
 
 the county or borough of ] : 
 
 Whereas it has been shown to the undersigned, one of Her Majesty's 
 justices of the peace in and for the metropolitan liolice district [or the said 
 county or borouiih of ], that , late of , is accused 
 
 [o>" convicted] of the commission of the crime of , within the jurisdic- 
 
 tion of : This is, therefore, to command you, in Her Majesty's name, 
 
 to forthwith apprehend the said , and to bring him before me, 
 
 or some other magistrate sitting at this court [or one of Her Majesty's 
 justices of the peace in and for the county [or borough] of ], to be 
 
 further dealt with according to law, for which this shall be your warrant. 
 
 Given under my hand and seal at Bow street, one of the police courts of 
 
 the metropolis \_or in the county or borough aforesaid], this day 
 
 of , 18 . 
 
 , J. P. 
 
 Form of warrant for hringing prisoner before the police magistrate. 
 
 County lor borough] of , to wit : 
 
 To , constable of the police force of , and to all other 
 
 peace officers in the said county lor borough] of : 
 
 Whereas , late of , accused lor alleged to bo con- 
 
 victed of] the commission of the crime of , within the jurisdiction 
 
 of , has been apprehended, and brought before the undersigned, one 
 
 of Her Majesty's justices of the peace in and for the said county [or borough] 
 of ; 
 
 And whereas by the extradition act, 1870, he is required to be brought 
 before the cliief magistrate of the metroi)olitan police court, or one of the 
 police magistrates <»f the metropolis sitting at Uow street, within the metro- 
 politan police district lor the stipendiary magistrate for ]: This is 
 therefore to coniniand J'ou, the said constable, in Her Majesty's name, forth- 
 with to take and convey the said to the metropolitan police 
 district lor the saiil ], and there carry him before the said chief mag- 
 istrate or one of the police magistrates of the metropolis sitting at Bow 
 street within the said district lor before a stii)eii(liary magistrate sitting 
 in the said ], to show cause why ho should not bo surrendered, in 
 pursuance of the extradition act, 1870, and otherwise to be dealt with in 
 accordance with law, for which this sliall be your warrant. 
 
 fiiven under my hand and seal at , in the county lor borough] afore- 
 
 said, this (lav of , 18 . 
 
 , J. P. 
 Form of warrant of committal. 
 
 Metropolitan police district ] '^" ' """ "* *^« constables of the 
 
 lor the county or borough I ""-tropolitan police force lor of the police 
 
 , I . ■. 't force of th(i county or borough of 1, 
 
 of ], to wit: , , , „ , 
 
 J and to the kee|)er of the 
 
 Be it remembered that on this day of , in tlin j'car of our 
 
 Lord , , late of , is brought before me, 
 
 , the chief magistrate of the metropolitan police courts [or one of
 
 152 
 
 EXTRADITION. 
 
 the police magistrates of the metropolis], sitting at the police court in Bo'w 
 street, within the metropolitan police district \_or a stipendiary magistrate 
 for ], to show cause why he should not be surrendered in pursuance 
 
 of the extrnditiim act, 1870, on the ground of his being accused [or con- 
 victed] of the commission of the crime of within the jurisdiction of 
 , and forasmuch as no sufficient cause has been shown to me why he 
 should not be surrendered in pursuance of the said act : This is therefore 
 to command you, the said constable, in Her Majesty's name forthwith to 
 convey and deliver the body of the said into the custody of 
 the said keeper of the at , and you, the said keeper, to receive 
 the said into your custody, and him there safely keep until he 
 is thence delivered pursuant to the provisions of the said extradition act, 
 for which this shall be your warrant. 
 
 Given under my hand and seal at Bow street, one of the police courts of 
 the metropolis [or at the said ], this day of , 18 . 
 
 , J.P. 
 
 Form of warrant of secretary of state for surrender of fugitives. 
 
 To the keeper of and to : 
 
 Whereas , late of , accused [or convicted] of the com- 
 mission of the crime of within the jurisdiction of , was deliv- 
 ered into the custody of you, , the keeper of , by war- 
 rant dated , pursuant to the extradition act, 1870 : 
 
 Now, I do hereby, in pursuance of the said act, order you, the said keeper, 
 to deliver the body of the said into the custody of the said , 
 
 and I command you the said , to receive the said into 
 
 your custody, and to convey him within the jurisdiction of the said ; 
 
 and there place him in the custody of any person or persons appointed by 
 the said to receive him, for which this shall be your warrant. 
 
 Given under my hand and seal of the undersigned, one of Her Majesty's 
 principal secretaries of state, this day of 
 
 THIRD SCHEDULE. 
 
 Year and chapter. 
 
 Title. 
 
 6 and? Vict., c. 75 .. 
 
 6 and 7 Vict., c. 76.. 
 
 8 and 9 Vict., c. 120. 
 25 and 26 Vict., c.70. 
 29and30Vict., c. 121. 
 
 An act for giving effect to a convention between Her 
 Majesty and the King of the French for the appre- 
 hension of certain offenders. 
 
 An act for giving effect to a treaty between Her 
 Majesty and the United States of America for the 
 apprehension of certain offenders. 
 
 An act for facilitating execution of the treaties with 
 France and the United States of America for the 
 aj)prehension of certain offenders. 
 
 An act for giving effect to a convention between Her 
 Majesty and the King of Denmark for the mutual 
 surrender of criminals. 
 
 An act for the amendment of the law relating to 
 treaties of extradition.
 
 EXTRADITION. 153 
 
 EXTRADITION ACT (1873). 
 
 136 and 37 Vict., c. 60.] 
 
 AN ACT to amend the extradition act, 1870. 
 
 (5th August, 1873.) 
 Be it enacted by tLe Queen's most Excellent Majesty, by and with the 
 advice and consent of the lords spiritual and temporal, and Commons, in 
 this present Parliament assembled, and by the authority of the same, as 
 follo^ys: 
 
 Construction of act and short title. 
 [33 and 34 Vict., c. 52.] 
 
 1. This act shall be construed as one with the extradition act, 1870 (in 
 this act referred to as the principal act), and the principal act and this act 
 may be cited together as the extradition acts, 1870 and, 1873, and this act 
 may be cited alone as the extradition act, 1873. 
 
 Explanation of sect. 6 o/33 and'M Vict., c. 52. 
 
 2. Whereas by section six of the principal act, it is enacted as follows: 
 
 " Where this act applies in the case of any foreign state, every fugitive 
 criminal of that state who is in or suspected of being in any \n\vt of Her 
 Majesty's dominions, or that part which is specified in the order applying 
 tljis act (as the case may be), shall be liable to be apprehended and sur- 
 rendered iu manner provided by this act, whether the crime in resiject of 
 which the surrender is sought was committed before or after the date of the 
 order, and whether there is or is not any concurrent jurisdiction in any 
 court of Her Majesty's dominious over that criuje." 
 
 And whereas doubts have ari.seu as to the application of the said section 
 to crimes committed before the passing of the principal act, and it is ex- 
 pedient to rejKove such doubts ; it is thernforo hereby declared that — 
 
 A crime comi/iitted before tlie date of the order includes iu the said sec- 
 tion a crime committed before the passing of tiie principal act, and the 
 principal act and this act shall be construed accordingly. 
 
 Liahility of acccHHories to br surrendered'. 
 
 3. Whereas a person who is accessory l)efore or after the fact, or couu- 
 eels, procures, commands, aids, or ab((ts the couiuiission of any indictcablo 
 offence, is by English law liahlo to bo tried and j>unished as if lie were the 
 principal ollender, Ijut douljts have arisen whethc^r sucii person as well as 
 tin; principal olfiMider can bo Hurrendcreil uiidtir the priucii)al act, and it is 
 expedient to remove such doubts; it is therefore hereby declared that — 
 
 Every per.sou wlio iu aecuHed or (convicted of liaviug counselled, ]iroeureil, 
 cotnmaiideil, aided, or al)etted tlie coiMniission of auy extraditi<Mi crime, or 
 of being accessory before or after the fact to any t)xtraditioD crime, shall 
 be deemeil for tlie pur[>oses of the jiriiicipal act and tliis act to be accused 
 or convicted of iiaving committed such crime, and shall bo liable to be 
 apprehended and surrendered accordingly.
 
 ] 54 EXTRADITION. 
 
 Explanation of sect. 14 o/33 and 34 Vict., c. 52, as to statements on oath, includ- 
 ing affirmations. 
 
 4. Be it declared, that the provisions of the principal act relating to dep- 
 ositions and statements on oath taken in a foreign state, and copies of such 
 original depositions and statements, do and shall extend to affirmations 
 taken in a foreign state, and copies of snch affirmations. 
 
 Poller of taking evidence in United Kingdom for foreign criminal matters. 
 
 I 
 
 5. A secretary of state may, by order under his hand and seal, require a 
 police magistrate or a justice of the peace to take evidence for the pur- 
 poses of any criminal matter pending in any court or tribunal in any for- 
 eign state; and the police magistrate or justice of the peace, upon the 
 receipt of such order, shall take the evidence of every witness appearing 
 before him for the purpose in like manner as if such witness appeared on a 
 charge against some defendant for an indictable offense, and shall certify 
 at the foot of the deposition so taken that such evidence was taken before 
 him, and shall transmit the same to the secretary of state; such evjdeuce 
 may be taken in the presence or absence of the person charged, if auy, and 
 the fact of such presence or absence shall bo stated in such deposition. 
 
 Any person may, after payment or tender to him of a reasonable sum for 
 his costs and expenses in this behalf, be compelled, for the purposes of this 
 section, to attend and give evidence and answer questions and produce 
 documents, in like manner and subject to like conditions as he may in the 
 case of a charge preferred for an indictable offense. 
 
 Every person who wilfully gives false evidence before a police magistrate 
 or justice of the peace under this section shall be guilty of perjury. 
 
 Provided that nothing in this section shall apply in the case of any crim- 
 inal matter of a political character. 
 
 Explanation of sect. 16 o/33 and 34 Fict., c. 52. 
 
 6. The jurisdiction conferred by section sixteen of the principal act on a 
 stipendiary magistjate, and a sheriff or sheriff substitute, shall be deemed 
 to be in addition to, and not in derogation or exclusion of, the jurisdiction 
 of the police magistrate. 
 
 Explanation of diplomatic rexn-esentaiive and consul. 
 
 7. For the purposes of the principal act and this act a diplomatic repre- 
 sentative of a foreign state shall be deemed to include any person recog- 
 nized by the secretary of state as a consul-general of that state, and a 
 consul or vice-consul shall be deemed to include auy person recognized by 
 the governor of a British possession as a consular officer of a foreign state. 
 
 Addition to list of crimes in schedule. 
 
 8. The principal act shall be construed as if there were included in the 
 first schedule to that act the list of crimes contained in the schedule to this 
 act.
 
 EXTRADITION. 155 
 
 SCHEDULE. 
 List of crimes. 
 
 The following list of crimes is to be construed according to the law exist- 
 ing in England or in a British possession (as the case may be) at the date 
 of the alleged crime, whether by commou law or by statute made before or 
 after the passing of this act : 
 
 Kidnapping and false imprisoumeut. 
 
 Perjury, and subornation of perjury, whether under common or statute 
 
 law. 
 
 [24 and 25 Vict, c. 96, etc.] 
 
 Any indictable oflfcuce under the larceny act, 18G1, or any act amending 
 or substituted for the same, which is uot included in the first schedule to 
 the i)rincipal act. 
 
 Any indictable offence under the act of the session of the twenty-fourth 
 and twenty-fifth years of the reign of Her present Majesty, chapter ninety- 
 seven, " To consolidate and amend the statute law of England and Ireland 
 relating to malicious injuries to property," or any act amending or substi- 
 tuted for the same, which is not included in the first schedule to the prin- 
 cipal act. 
 
 Any indictable offence under the act of the session of the twenty-fourth 
 and twenty-fifth years of the reign of Her present Majesty, chapter ninety- 
 eight, " To consolidate and amend the statute law of England and Ireland 
 relating to indictable off'euces by forgery," or any act amending or substi- 
 tuted for the same, which is not included in the first schedule to the prin- 
 cipal act. 
 
 Any indictable offence under the act of the session of the twenty-fourth 
 and twenty- fifth years of the reign of Her present Majesty, chapter ninoty- 
 nine, "To consolidate and amend the statute law of the United Kingdom 
 against offences relating to the coin," or any act amending or substituted 
 for the same, which is not included in the first schedule to the principal act. 
 
 Any indictable offence under the act of the session of the twenty-fourth 
 and twenty-fifth years of the reign of Her present Majesty, chapter one 
 liundred, "To consolidate and amend the statute law of England and Ire- 
 land relating to offences against the person," or any act amending or sub- 
 stituted for the same, which is not included in tlio first schedule to the 
 principal act. 
 
 Any iurlictablo offence under the la\v.s for the time biing in force in rela- 
 tion to l)ankruptcy, which is not included in the first schedule to the prin- 
 cipal act. 
 
 Aimcxod is a form of complaint mado by mcsson^crs of 
 foreif^n l<;j^ation.s in London to se«;nr«* llu; trmitorarydottMdiou 
 of fuj^itiven wliosc^ oxtradition is ;iI»out to be <b>niand('d. 
 
 Melro]tiiJiiaii ])olicc dinlrict, to wil : 
 
 Tin- information of of taUrn on oath this day 
 
 of in the year of our Lord ono f honsand eiglit hundred and , at 
 
 the Bow street police court, in the county of Middlesex, and within tlio 
 metropolitan polire district, before me, tlie undrTHigued, one of the magis- 
 trates of the police courts of the metropolis, sitting at the police court 
 aforesaid,
 
 156 EXTRADITION. 
 
 Who saitli that , late of , is accused {or convicted] of the 
 
 commissioa of the crime of , withiu the jurisdiction of , and now 
 
 suspected of being in the United Kingdom. I make this application on be- 
 half of the Government. 
 
 I produce 
 
 I am informed and verily believe that a warrant has been issued 
 
 in for the arrest of the accused ; that the said government will de- 
 
 mand h extradition in due course, and that there are reasonable grounds 
 for supposing the accused may escape during the time necessary to pre- 
 sent the diplomatic requisition for h surrender, and I therefore pray 
 that a provisional warrant may issue under the provisions of 33 and 34 V., 
 c. 52, 8. 8. 
 
 Sworn before me, the day and year first above mentioned, at the police 
 court aforesaid. 
 
 II.— CANADIAN LEGISLATION. 
 
 CHAPTER 142 OF THE REVISED STATUTES OF CANADA. 
 
 An ACT respecting the extradition of fugitive criminals. 
 
 [A. D. 1886.] 
 Her Majesty, by and with the advice and consent of the senate and house 
 of commons of Canada, enacts as follows : 
 
 Sho7-t title. 
 
 1. This act may be cited as " The Extradition Act." (40 V., c. 25, a. 24.) 
 
 Interpretation. 
 
 2. In this act, unless the context otherwise requires — 
 
 " Extradition arrangement." 
 (a) The expression "extradition arrangement," or "arrangement," 
 means a treaty, convention, or arrangement made by Her Majesty with a 
 foreign state for the surrender of fugitive criminals, and which extends to 
 
 Canada ; 
 
 ^^Extradition crime." 
 
 (6) The expression "extradition crime" may mean any crime which, if 
 committed in Canada, or within Canadian jurisdiction, would be one of 
 the crimes described in the first schedule to this act, — and, in the applica- 
 tion of this act to the case of any extradition arrangement, means any 
 <^rinle described in such arrangement, whether comprised in the said sched- 
 ule or not; 
 
 " Conviction" — " Convicted" — " Accused person." 
 
 <c) The expressions "conviction" and " convicted " do not include the 
 case of a condemnation under foreign law by reason of contumacy ; but the 
 expression " accused person" includes a person so condemned; 
 
 " Fugitive criminal." 
 {d) The expression " fugitive " and " fugitive criminal " mean a person 
 being, or suspected of being, in Canada who is accu-sed or convicted of an 
 axtraditiou crime committed within the jurisdiction of any foreign state;
 
 EXTRADITION. 157 
 
 ''Foreign state." 
 
 (e) The expression "foreign state" includes every colony, deiiendency, 
 and constituent part of the foreign state ; and every vessel of any such state 
 shall be deemed to be within the jurisdiction of and to be part of the state ; 
 
 " Warrant." 
 
 (/) The expression "warrant," in the case of a foreign state, includes 
 any judicial document authorizing the arrest of a person accused or con- 
 victed of crime ; 
 
 "Judge." 
 
 (g) The expression "judge " includes any person authorized to act judi- 
 cially in extradition matters. (40 V., c. 25, s. 1.) 
 
 APPLICATION OF ACT. 
 
 As to existing arrangements. 
 
 3. In the case of any foreign state with which there is, at or after the 
 time when this act comes into force, an extradition arrangement, this act 
 shall apply during the continuance of such arrangement ; but no provision 
 of this act which is inconsistent with any of the terms of the arrangement 
 shall have effect to contravene the arrangement; and this act shall be so 
 read and construed as to provide for the execution of the arrangement. 
 
 As to Umifations, qualifications, and exceptions. 
 
 (2) In the case of any foreign state v.'ith respect to which the apjilica- 
 tion to the United Kingdom of the act of the parliament of the United 
 Kingdom, passed in the year one thousand eight hundred and seventy, and 
 intituled "An act for amending the laic relating to the extradition of crim- 
 inals," i^ made subject to any limitation, condition, (lualilication, or ex- 
 ception the governor in council shall make the application of this act, 
 by virtue of this section, subject to such limitation, condititm, qualilication, 
 or exceiition. 
 
 Orders under this act may be revoked. 
 
 (13) The governor in council may at any time, nsvoke or aller, subject 
 to the reMtrictions of this act. any order made by liim In council under this 
 act, and all the provisions of this act with respect to the original order 
 shall, HO far as ap])licable, apply mutatus mutandis to the now order. (10 V., 
 c. 2."), H. 4.) 
 
 // the application of this act dtpcndu on an ordir in niuncil. 
 
 4. Tills act, so far as its application in the case of any foreign state, 
 dcpoiHlson or is affected by any onbjr in council made undi-r thin act, or 
 referred to therein, shall apply, or its apidiiation Khali be .-iffccted from 
 and after the time specilied in the order, or, if no time is speeilied, after the 
 date of the publication of the order in the Canada Gazette :
 
 158 EXTRADITION. 
 
 Fuhlication of orders in council. 
 
 (2) Any order of Her Majesty in council, referred to in this act, and any 
 order of the governor in council made under this act, and any extradition 
 arrangement not already published in tlie Canada Gazette, shall be, as soon 
 as possible, published in the Canada Gazette and laid before both houses of 
 Parliament : 
 
 Effect of puMication in the Canada Gazette. 
 
 (3) The publication in the Canada Gazette o( an extradition arrangement 
 or an order in council shall lje evidence of such arrangement or order, and 
 of the terras thereof, and of the application of this act, pursuant and sub- 
 ject thereto; and the court or judge shall take judicial notice, without 
 proof, of such arrangement or order, and the validity of the order and the 
 application of this act, pursuant and subject thereto, shall not be ques- 
 tioned. (40 v., c. 25, s. 5.) 
 
 JUDGES AND COMMISSIONERS. 
 
 JJ'liat judges may act in cases under this act. 
 
 .5. All judges of the superior courts and of the county courts of any 
 province, and all commissioners who are, from time to time, appointed for 
 the purpose, in any province by the governor in council under the great 
 seal of Canada, by virtue of this act, are authorized to act judicially in ex- 
 tradition matters under this act within the province ; and every such per- 
 son shall, for the purposes of this act, have all the powers and jurisdiction 
 of any judge or magistrate of the province : 
 
 No haicas corpus poiver. 
 
 (2) Nothing in this section shall be construed to confer on any judge 
 any jurisdiction in habeas corpus matters. (40 V., c. 25, s. 8.) 
 
 EXTRADITION FROM CANADA. 
 
 On ivhat grounds a tcarrant may issue. 
 
 6. Whenever this act applies a judge may issue his warrant for the 
 apprehension of a fugitive on a foreign warrant of arrest, or an informa- 
 tion or complaint laid before him, and on such evidence or after such pro- 
 ceedings, as in his opinion would, subject to -the provisions of this act, 
 justify the issue of his warrant if the crin:e of which the fugitive is accused 
 or alleged to have been convicted had been committed in Canada: 
 
 Report to minister of justice. 
 
 (2) The judge shall forthwith send a report of the fact of the issue of 
 the warrant, together with certified copies of the evidence and foreign 
 warrant, iL.formatiou, or complaint, to the minister of justice. (40 V., c. 
 25, 8. 11.)
 
 ' EXTRADITION. 159 
 
 Execution ofxoarrant. 
 
 7. A -warrant issued under this act may be executed in any part of 
 Canada, in the same manner as if it had been originally issued, or subse- 
 quently indorsed, by a justice of the peace having jurisdiction in the place 
 •where it is executed. (40 Y., c. 25, s. 10.) 
 
 Swrender vot to defend on time when the offence ivas committed, etc. 
 
 8. Every fugitive criminal of a foreign state, in the case of which state 
 this act applies, shall be liable to be apprehended, committed, and sur- 
 rendered in the same manner provided iu this act, whether the crime or 
 conviction in respect of which the suri'ender is sought was committed or 
 took place before or after the date of the arrangement or of the coming into 
 force of this act, or of the a])plication of this act in the case of such state, 
 and whether there is or is not any criminal jurisdiction in any court of Her 
 Majesty's dominions over the fugitive in respect of the crime. (40 V., c. 
 25, s. 7.) 
 
 Fugitive to he brought before the judge. 
 
 9. The fugitive shall be brought before a judge, who shall, subject to 
 the provisions of this act, hear the case in the same manner, as nearly as 
 may be, as if the fugitive was brought before a justice of the peace charged 
 with an indictable offence committed in Canada: 
 
 Evidence of the charge, 
 
 (2) The judge shall receive upon oath, or affirmation if affirmation is 
 allowed by law, the evidence of anj' witness tendered to show the truth of 
 the charge or the fact of the conviction : 
 
 Evidence that the crime is not an extradition crime. 
 
 {'.i) The judge sliall receive, iu like manner, any evidence tendered to show 
 that tlie crime of which tht-. fugitive is accused or alleged to have been con- 
 victed is an offense of a itolitical character, < r is, for any otlier reason, not 
 an extradition crime ; or tliat the proceodi gs are being taken with a view 
 to prosecute riiunisli liini for :in olTcncf ofa political character.. (10 V., c. 
 25, 8. 12.) 
 
 Depositions taken out of Canada, when admissible in evidence. 
 
 10, Depositions or statements taken in a foreign vtato on oath, or on 
 afTntnation wliort! affirmation iMalb)W(Ml l>y llin law of tlio state, and (■oi)ies 
 f)f such depositions or statements, and foreign certilicates of, or judicial 
 documents stating the fact of conviction, may, if duly autlieuticated, bo 
 received in evidence in proceedings under tiiis act: 
 
 When such depositions are to be deemed duly authenticated. 
 
 (2) Snch papers sliall be deemrtl duly authenticated if authouticatod in 
 manner provided, for the time being, by law, or if autlieuticated as fol- 
 lows:
 
 160 EXTRADITION. 
 
 (a) If the warrant purports to be signed by, or the certificate purports 
 to be certified l>y, or the depositions or statements, or the copies thereof, 
 purport to bo certified to be the originals or true copies, by a judge, magis- 
 trate, or oflScer of the foreign state ; 
 
 (h) And if the papers are authenticated by the oath or affirmation of 
 some witness, or by being sealed with the official seal of the minister of 
 justice, or some other minister of the foreign state, or of a colony, depend- 
 eucy, or constituent part of the foreign state, of which seal the judge shall 
 take judicial notice without proof. (40 V., c. 25, s. 9.) 
 
 What evidence shall ie sufficient to justify committal. 
 
 11. If, in the case of a fugitive alleged to have been convicted of an ex- 
 tradition crime, such evidence is produced' as would, according to the law 
 of Canada, subject to the provisions of this act, prove that he was so con- 
 victed, and if, iu the case of a fugitive accused of an extradition crime, 
 such evidence is produced as would, according to the law of Canada, sub- 
 ject to the provisions of this act, justify his committal for trial if the 
 crime had been committed in Canada, the judge shall issue his warrant for 
 the committal of the fugitive to the nearest convenient prison, there to 
 remain until surrendered to the foreign state, or discharged according to 
 law; but otherwise the judge shall order him to be discharged. (40 V., c. 
 25, s. 13.) 
 
 Duty of judge (') to fugitive ; (2) to minister of justice. 
 
 12. If the judge commits a fugitive to prison, he shall, on such com- 
 mittal — 
 
 (a) Inform him that he will not be surrendered until after the expiration 
 of fifteen days, and that he has a right to apply for a writ of haieas corpus; 
 and 
 
 (6) Transmit to the minister of justice a certificate of the committal, with 
 a copy of all the evidence taken before him not already so transmitted, 
 and such report upon the case as he thinks fit. (40 V., c. 25, s. 14.) 
 
 By whom requisition for surrender may he made. 
 
 13. A requisition for the surrender of a fugitive criminal of a foreign 
 state who is, oris suspected to be in Canada, may be made to the minister 
 of justice by any person recognized by him as a consular officer of that 
 state resident at Ottawa, or by any minister of that state communicating 
 with the minister of justice through the diplomatic representative of Her 
 Majesty in that state, or if neither of these modes is convenient, then in 
 sdch other mode as is settled by arrangement. (40 V., c. 25, s. 15. ) 
 
 When the fugitive shall not ie liable to surrender. 
 
 14. No fugitive shall be liable to surrender under this act if it appears — 
 
 (a) That the offence iu respect of which proceedings are taken under this 
 act is one of a political character ; or, 
 
 (b) That such proceedings are being taken with a view to prosecute or 
 punish him for an offence of a political character. (40 V., c. 25, s. 6. )
 
 EXTRADITION. 161 
 
 In cases specified minister may refuse to male order of surrender and may can- 
 cel order already made. 
 
 15. If the minister of justice at any time determines— 
 
 (a) That the offence in respect of which proceedings are being taken 
 under this act is one of a political character; 
 
 (&) That the proceedings are, in fact, being taken with a view to try or 
 pnnish the fugitive for an offence of a political character ; or, 
 
 (c) That the foreign state does not intend to make a requisition for sur- 
 render — 
 
 He may refuse to make an order for surrender, and may, by order under 
 his hand and seal, cancel any order made by him, or any warrant issued bv 
 a judge under this act, and order the fugitive to be discharged out of 
 custody on any committal made under this act ; and the fugitive shall be 
 discharged accordingly. (40 V., c. 25, s. 1(5; 45 V., c. 20, s. 1. ) 
 
 Delay before surrendei\ 
 
 16. A fugitive shall not be surrendered until after the expiration of fifteen 
 days from the date of his committal for surrender, or if a writ of haheas 
 corpus is issued, until after the decision of the court reuiaudiug him: 
 
 If fugitive is an offender under Canadian laiv. 
 
 (2) A fugitive who has been accused of an ofSence within Canadian juris- 
 diction, not being the offence for which his surrender is asked, or who is 
 undergoing sentence under a conviction in Canada, shall not be surrendered 
 until after he has becu discharged, whether by acquittal or by expiration 
 of his seiit«ute, or otherwise. (40 V., c. 25, s. 17.) 
 
 Minister may order surrender of fugitive to officer of a foreign state. 
 
 17. Subject to the provisions of this act, the minister of justice, upon the 
 requisition of the foreign state, may, under his hand and seal, order a fugi- 
 tive who has been conuniited for surrender to be surrendered to the per- 
 son or persons who are, in his opinion, duly authorized to receive him iu 
 the name and on behalf of the foreign state, and he shall be so surrendered 
 
 accordingly : 
 
 Powers of such office 
 
 (2) Any person to whom such order is directed may deliver, and the per- 
 son so authorized may receive, hold in custody, uud convey the fugitive 
 within the jurisdiction of the foreign state; and if he escapes out of any 
 custody to which he is delivered, on or in ])urHuance of such order, he may 
 be retaken in the same manner as any person accused or convicted of any 
 crime against the laws of Canada may be retaken on an escape. (40 Y., 
 
 0.25,8.18.) 
 
 J'roprrig found on fugitive. 
 
 18. Everything found in thr ixmseHsion of tln' fugitive at the tiiuo of his 
 arrest, which may be material as evidence in ninking proof of tiie crime, 
 may be delivered up with the fugitive on his surrender, subject to all 
 rights of third persons with regard thereto. (40 V., c. 25, s. VJ.) 
 
 S. Ex. 55 11
 
 162 EXTEADITION. 
 
 Fugitire to he conveyed out of Canada within a certain time; or may he released 
 
 by habeas corjms. 
 
 19. If a fugitive is not snrreudered and conveyed out of Canada within 
 two mouths after his committal for surrender, or if a writ of habeas corpus 
 is issued, within two montlis after the decision of the court on such writ, 
 over and above, in either case, the time required to convey him from the 
 prison to wliich he hns been committed by tlie readiest way out of Canada, 
 any one or more of the judges of the superior courts of the province in 
 which such person is confined, having jiower to grant a writ of habeas cor- 
 pus, may, upon apidication made to him or them by or on behalf of the 
 fugitive, and on proof that reasonable notice of the intention to make such 
 application has been given to the minister of justice, order the fugitive to 
 be discharged out of custody, unless sufficient cause is shown against such 
 discharge. (40 V., c. 25, s. 20). 
 
 Forms valid. 
 
 20. The forms set forth in the second schedule to this act, or forms as 
 near thereto as circumstances admit of, may be used in the matters to 
 which such foi«ms refer, and, when used, shall be deemed valid. (40 V., c. 
 25^ s. 21.) 
 
 EXTRADITION FROM A FOREIGN STATE. 
 
 Requisition for a fugitive from Canada, hoio made. 
 
 21. A requisition for the surrender of a fugitive criminal from Canada, 
 who is or is suspected to be in any foreign state with which there is an ex- 
 tradition arrangement, jnay be made by the minister of justice to a consular 
 officer of that state resident at Ottawa, or to the minister of justice or any 
 other minister of that state, through the diplomatic representative of Her 
 Majesty in that state ; or, if neither of these modes is convenient, then in 
 such other mode as is settled by arrangement. (40 V., c. 25, s. 22.) 
 
 Qonveyance of fugitive surrendered. 
 
 22. Any person accuse'd or convicted of an extradition cnme, who is sur- 
 rendered by a foreign state, may, under the warrant for his surrender is- 
 sued in such foreign state, be brought into Canada and delivered to the 
 proper authorities, to be dealt with according to law. 
 
 Fugitive surrendered by a foreign stale not punishable contrary to arrangement. 
 
 23. Whenever any person accused or convicted of an extradition crime is 
 surrendered by a foreign state, in pursuance of any extradition arrange- 
 ment, such person shall not, until after he has been restored or has had an 
 opportunity of returning to the foreign state within the meaning of the 
 ariangemt-nt, be subject in contravention of any of the terms of the arrange- 
 ment, to any prosecution or punishment in Canada for any other offence 
 committed prior to his surrender, for which he should not, under the ar- 
 rangement, be prosecuted. (40 V., c. 25, s. 23.)
 
 EXTRADITION. 163 
 
 LIST OF CRIMES. 
 
 How list of crimes in schedule shall he construed. 
 
 24. The list of crimes in the first schedule to this act shall be construed 
 according to the law existing iu Canada at the date of the alleged crime, 
 •whether by common law or by statute made before or after the passing of 
 this act, and as including only such crimes, of the descriptions comprised 
 in the list, as are, under that law, indictable offences. (40 V., c. 25, second 
 schedule, jjarf.) 
 
 First Schedule. 
 
 List of crimes. 
 
 (1) Murder, or attemi^t or conspiracy to murder. 
 
 (2) Manslaughter. 
 
 (3) Counterfeiting or altering money, and uttering counterfeit or altered 
 money. 
 
 (4) Forgery, counterfeiting or altering, or uttering what is forged, coun- 
 terfeited, or altered. 
 
 (5) Larceny. 
 
 (6) Embezzlement. 
 
 (7) Obtaining money or goods or valuable securities by false pretences. 
 
 (8) Crimes against bankruptcy or insolvency law. 
 
 (U) Fraud by a bailee, banker, agent, factor, trustee, or by a director or 
 member or officer of any company, which fraud is made criminal by any 
 act for the time being in force. 
 
 (10) Rape. 
 
 (11) Abduction. 
 
 (12) Child stealing. 
 
 (13) Kidnapping. 
 
 (14) False imprisonment. 
 
 (i:>) Burglary, house-breaking, or shop-breaking. 
 
 (16) xVrson. 
 
 (17) Robbery. 
 
 (18) Threats, by letter or otherwise, with intent to extort. 
 (I'J) Perjury or siiboruatiun of perjury. 
 
 (20) Piracy by municipal law or law of nations, committed' on board of 
 or against a vessel of a foreign state. 
 
 (21) Criminal scuttling or destroying such a vessel at sea, whether on 
 the high seas or on the Groat Lakes of North America, or attempting or cou- 
 spirin;; to do so. 
 
 (22) Assault on board such vessel at sea, whether on tlit^ high st-us or on 
 the Great Lakes of North America, with intent to dcvstn.y life or to do grii-v- 
 oiis bodily harm. 
 
 (23) Revolt, or conspiracy (o revoli, Ity two or ni<ii<' p.-rsons on ImmkI 
 such a vessel atse,a, whether on the high seas or on (li<i Gn-nl Lakes of N'nrlii 
 America, against the authority of the nmster. 
 
 (24) Any oflence under either of the following acts, and not incln.h .1 in 
 any foregoing porti(ui of this schedule: — 
 
 {a) " An act respect iM^' ollenees against the person." 
 (b) "The larceny act.
 
 164 EXTRADITIOX. 
 
 (c) " An act respecting forgery. 
 
 (d) " An act respecting oifences relating to the coin." 
 
 (e) "An act respecting malicious injuries to property." 
 
 (25) Any oft'ence which is, in the case of the principal offender, included 
 in any foregoing portion of this schedule, and for which the fugitive crim- 
 inal, though not the principal, is liable to be tried or punished as if he were 
 the principal. (40 V., c. 25, second schedule, part.) 
 
 Second Schedule. 
 
 FORM ONE. 
 , Form of warrant of apprehension. 
 
 To wit, to all and each of the constables of 
 
 Whereas it has been shown to the undersigned, a judge under " the ex- 
 tradition act," that late of is accused {or convicted) 
 of the crime of within the jurisdiction of 
 
 This is therefore to command you, in Her Majesty's name, forthwith to 
 apprehend the said and to bring him before me, or some other 
 
 judge under the said act, to be further dealt with according to law ; for 
 which this shall be your warrant. 
 
 Given under my hand and seal at this day of A. D. 
 
 FORM TWO. 
 
 Form of warrant of commitial. 
 
 To wit, to one of the constables of and to the keeper of 
 
 the at 
 
 Be it remembered that on this day of in the year at 
 
 is brought before me a judge under " the extradition act," 
 
 who has been apprehended under the said act, to be dealt with 
 according to law ; and forasmuch as I have determined that he should be 
 surrendered in pursuance of the said act, on the ground of his being ac- 
 cused {or convicted) of the crime of within the jurisdiction of 
 
 This is therefore to command you, the said constable, in Her Majesty's 
 name, forthwith to convey and deliver the said into the custody 
 
 of the keeper of the at and you, the said keeper, to receive the 
 
 said into your custody, aud him there safely to keep until he is 
 
 thence delivered pursuant to the provisions of the said act, for which this 
 shall be your warrant. 
 
 Given under my hand aud seal at this day of A. D. 
 
 FORM THREE. 
 
 Form of order of minister' of justice for surrender. 
 
 To the keeper of the at and to 
 
 Whereas late of accused (or convicted) of the crime of 
 
 within the jurisdiction of was delivered into the custody of you, 
 
 the keeper of the at by warrant dated pursuant to " the 
 
 extradition act."
 
 EXTRADITION. 165 
 
 Now I do hereby, in piirsuauce of the said act, order you, the said keeper, 
 to deliver the said into the custody of the said ; and I 
 
 command yon, the said to receive the said into your cus- 
 
 tody, and to convey him within the jurisdiction of the said and there 
 
 place him in the custody of any person or pt^rsous {or of ) ap- 
 
 pointed by the said to receive him ; for which this shall be your 
 
 warrant. 
 
 Given under the hand and seal of the undersigned minister of Justice of 
 Canada, this day of A. D. . (40 V., c. 25, third schedule). 
 
 iVX ACT TO EXTEND THE PROVISIONS OF THE EXTHADITION ACT. 
 ^ [52 Vict., c. 36.1 
 
 [Assented to 2nd May, 1889.] 
 
 Whereas it is expedient to make further provision for the extradition 
 from Canada of fugitive otl'enders from foreign states: Therefore Her Maj- 
 esty, by and with the advice and consent of the senate and house of com- 
 mons of Canada, enacts as follows : 
 
 Fugitive offenders ma)/ be surrendered though there is no convention — Provisions 
 of Eeviscd Statutes of Canada, c. 142, to govern. 
 
 1. In case no extradition arrangement, within the meaning of " the ex- 
 tradition act," exists between Her Majesty and a foreign state, or in case 
 such an extradition arrangement, extending to Canada, exists between Her 
 Majesty and a foreign state, but does not include the crimes mentioned in 
 the .schedule to this act, it shall, nevertheles.s, be lawful for the minister 
 of justice to issue his warrant for the surrender to such foreign state of 
 any fugitive offender from such foreign state charged with or convicted 
 of any of the crimes mentioned in the schedule to this act: Provided al- 
 ways, that the arrest, committal, detention, surrender, and conveyance out 
 of Canada of such fugitive oiiender shall bo governed by tiie provisions of 
 " the extradition act," and that all the provisions of the said act shall apply 
 to all steps ami proceedings in relation to such arrest, committal, detention, 
 Burrendin-, and conveyance out of Canada in the same manner and to the 
 same extent astliey would apply if the said crinuiS wi-n" included and speci- 
 licd in an extradition arrangcuicnt Itolweun Her Majesty and tlie foreign 
 etate, extending to Canada. 
 
 As to costs. 
 
 2. All expenses connected witli the arrest, committal, detention, sur- 
 render, and conveyance out of Canada of any fugitive oll'cndcr under this 
 act shall be borne by tin; foreign state ai>iilyiug for tlie surrender of such 
 fugitive offender. 
 
 Law of Canada to govern as to crimes. 
 
 3. The list r)f crimes in the schedule to this act shall bo constrncd accord- 
 ing to the law existing in Canada at the dale of the commission of the al- 
 leged crime, wliotlwir by conimon law or by statutii made before or aftiT 
 the coming into force of this act, and as including oidy such crimes, of 
 the description comprised in the list, as are, under tlnit law, indictablo 
 offences :
 
 166 EXTRADITIOX. 
 
 Application of act. 
 
 (2) The proTisious of this act shall apply to any crime mentioned in the 
 Baid schedule, committed after the coming into force of this act, as regards 
 any foreign state as hereinafter provided. 
 
 Coming into force of act. — Abrogation iy proclamation. 
 
 4. The foregoing provisions of this act shall not come into force with 
 respect to fugitive offenders from any foreign state until this act shall have 
 been declared by proclamation of the governor-general to be in force and 
 effect as regards such foreign state, from and after a day to be uanjed in 
 such proclamation; and the provisions of this act shall cease to have any 
 force or effect with respect to fugitive offenders from any^oreign state, if 
 by proclamation the governor-general declares this act to be no longer in 
 operation as regards such foreign state. 
 
 Day to he named. 
 
 (2) The day from and after which, in such case, the provisions of this- 
 act shall cease to have force and effect shall be a day to be named in such 
 proclamation. 
 
 When warrant may not te issued. 
 
 5. This act shall not authorize the issue of a warrant for the extradi- 
 tion of any person under the provisions of this statute, to any state or 
 country in which by the law in force in such state or country, such person 
 may be tried after such extradition for any other offence than that for 
 which he has been extradited, unless an assurance shall first have been 
 given by the executive authority of such state or country, that the person 
 whose extradition has been claimed shall not be tried for any other offence 
 than that on account of which such extradition has been claimed. 
 
 SCHEDULE. 
 
 (1) Murder, or attempt or conspiracy to murder. 
 
 (2) Manslaughter. 
 
 (3) Counterfeiting or altering money and uttering counterfeit or altered 
 money . 
 
 (4) Forgery, counterfeiting or altering, or uttering what is forged, coun- 
 terfeited or altered. 
 
 (5) Larceny. 
 
 (6) Embezzlement. 
 
 (7) Obtaining money or goods or valuable securities by false pretences. 
 
 (8) Rape. 
 
 (9) Abduction ; indecent assault. 
 
 (10) Child stealing. 
 
 (11) Kidnapping. 
 
 {.2) Burglary, house-breaking or shop-breaking. 
 
 (13) Arson. 
 
 (14) Robbery. 
 
 (15) Fraud committed by a bailee, banker, agent, factor, trustee or mem- 
 ber or public officer of any company or municipal corporation, made criminal 
 by any law for the time being in force.
 
 KXTRADITIOX. 167 
 
 (16) Any malicions act done with intent to endanger persons in a rail- 
 way train. 
 
 (17) Piracy by municipal law or law of nations, committed on board of 
 or against a vessel of a foreign state. 
 
 (18) Criminal scuttling or destroying such a vessel at sea, whether on 
 the high seas or on the Great Lakes of North America, or attempting or 
 conspiring to do so. 
 
 (19) Assault on board such a vessel at sea, whether on the high seas or 
 on the Great Lakes of North America, with intent to destroy life or to do 
 grievous bodily harm. 
 
 (20) Eevolt, or consjjiracy to revolt, by two or more persons on board 
 such a vessel at sea, whether on the high seas or on the Great Lakes of 
 North America, against the authority of the master. 
 
 (21) Administering drugs or using instruments with intent to procure 
 the mjscaniage of a woman. 
 
 (22) Any oflfence which is, in the case of the principal offender, included 
 in any foregoing portion of this schedule, and for which the fugitive crim- 
 inal, though not the principal, is liable to be tried or punished as if he 
 
 were the principal. 
 
 Note. — This act has not yet come into force, not having been as yet 
 allowed by the Imperial Government. 
 
 HAWAII. 
 
 February 20, 1889, Mr. Merrill made the following report : 
 
 Sin : Referring to Department circular of November 26, 1888, respecting 
 international extradition, I have the honor to inform you that the subject, 
 so far as it relates to the Kingdom of Hawaii, is fully discussed in the case 
 of Johu W. McCarthy, decided by thesupreme court of Hawaii, in February, 
 1886, and as in that decision all the laws of the kingdom and rules of the 
 Government, appertaining to the subject of extradition, are quoted and 
 commented on by all the judges, I enclose copies of the same as the best 
 authoritative information (or thivDi-partmeut in the matter. 
 
 The only conventional obligation of the Government of Hawaii to extra- 
 dite is with the United States, an<l is contained in ArticL- XIV of the treaty 
 with the United States, ratifled August II), IboO. 
 
 I have, etc., 
 
 Geo. W. MkrriU" 
 
 [Incloflnre 1— Hawaiian Gazette, TufBday, Feliruary 10, 1880.] 
 
 Sirpreme Conrt of the Hawaiian Inlands.— In the matter of John W. McCar- 
 thy. Tuesday, February 9th. Before Judd, C. J., McCully and rreston, 
 .I.J. 
 
 Oiiinion of the court by PiiKSTON, ./. ; 
 
 On the 2oth day of January last an information was laid by the attorney- 
 general before the chief-justice, alleging that John W. McCarthy was guilty 
 of th'- cTim>'*of embezzl.iiicnt as a ])ublio oOicer (clerk of the supreme 
 court of the State. >f California), and that the grand jury for tho city and
 
 1(3S EXTRADITIOX. 
 
 county of Sau Francisco had, on the 15th day of January, found a true bill 
 of indictment in the superior court of the said, city and county against the 
 said McCarthy for such crime, and that a warrant had been issued from the 
 said court for the apprehension of the said McCarthy, and that said McCar- 
 thy had left San Francisco and was then residing in Honolulu, and that a 
 requisition for the surrender of the said McCarthy, under the hand of the 
 governor of the State of California and the great seal of the State, had 
 been sent to His Majesty's Government, and ]irayiug for an order from the 
 chief-justice for the arrest of the said McCarthy, in order that he might 
 be delivered to the oflBcer sent to receive him. 
 
 The chief-justice thereupon caused a warrant to be issued, under which 
 McCarthy was arrested and brought before his honor on the 26th. 
 
 The attorney-general appeared on behalf of the prosecution. 
 
 Mr. Whiting appeared for the prisoner and pleaded to the jurisdiction ou 
 the grounds — 
 
 1st. That the warrant issued sets forth no crime or accusation of crime. 
 
 I^nd. That the crime for which extradition is sought is " embezzlement," 
 and that "embezzlement " committed in a foreign country, viz, the United 
 States, is not an ofi'ense or crime for which the person can be extradited. 
 
 3rd. That the demand for extradition is made through the governor of 
 the State of California, and that there is no authority in law for said gov- 
 ernor to malie such demand. 
 
 4ih. That the affidavit and complaint are made by the attorney-general 
 of this kingdom, and that the attorney-general can not properly or legally 
 make such complaint or be complainant herein. 
 
 The chief-justice overruled the pleas, and on February Ist the case came 
 up for hearing and evidence was introduced. It consisted of — 
 
 1. A request by George Stoueman, governor of the State of California, 
 attested by the secretary of state of California, under the great seal of the 
 State, dated the 16th of January, 18a6, to "His Eoyal Highness the King 
 of the Hawaiian Islands," for the apprehension and delivery to one Joseph 
 Bee, who is duly authorized to receive him, of one John W. McCarthy, who 
 stands charged with the crime of embezzlement committed within the 
 county of San Francisco. 
 
 2. Copy of an indictment in the superior court of the city and county of 
 San Francisco, State of California, against the said John W. McCarthy, in 
 which he is accused by the grand jury of the city and county of San Fran- 
 cisco with the crime of embezzlement, in that he was on or about the 28th 
 day of February, 1885, the duly elected, qualitied, and acting clerk of the 
 supreme court of the State of California, and by virtue of his trust as such 
 of&cer there came into his possession and control (§550) tivo hundred and 
 fifty dollars of the property of the State of California, and which he, at the 
 city and county of San Francisco, on the 28ih of February, 1885, wilfully 
 unlawfully, fraudulently, and feloniously, did appropriate to his own use, 
 contrary to the due and lawful execution of his said trust and contrary to 
 the form, &c., of the statute, &c. This is signed by J. N. E. Wilson, dis- 
 trict attorney, endorsed a "true bill" by E. M. Burns, foreman of the grand 
 jury, and certified by Jas. J. Flynn, the clerk of the superior court, as 
 having been presented in open court by the foreman of the grand jury, and 
 filed as a record of said court on the 15th of January, 1886.
 
 EXTRADITIOX. 169 
 
 3. Copy of a bencli-warraut issued ou the iudictmeut by order of the 
 cotirt, and attested bj- Jas. J. Flyuu, the clerk, dated the 15th of Jauuary, 
 1886, for the arrest forthwith of said Johu W. McCarthy. 
 
 4. Original affidavit or return of William Bronghton, a police officer of 
 the city and county of San Francisco, that be received the annexed warrant 
 for the arrest of John W. McCarthy and that he made diligent search for 
 him, &c., aud avers upon information and belief that ho has tied from jus- 
 tice in the State of California, and has taken refuge in the Kingdom of 
 Hawaii. This is sworn to before a deputy clerk of the superior court. 
 These three last papers, to wit, the indictment, bench-warrant, and affidavit 
 of William Bronghton, are certitied to by Jas. J. Flyun, clerk of the said 
 superior court, under the said seal of the said court, as a full and complete 
 exemplilication of the papers and proceedings in the case of The Peo))le of 
 the State of California vs. J. W. McCarthy. The genuineness of this oertiti- 
 cate and signature is attested by M. A. Edmunds, presiding judge of the 
 superior court of the city and county of San Francisco, and this is in turn 
 certified to and authenticated by Jas. J. Flynn, clerk as aforesaid. The 
 genuineness of the seals aud of the signatures of Judge Edmunds and Jas. 
 .J. Flyun, the clerk, were proved to the satisfaction of the chief-justice by 
 competent evidence. The testimony of Joseph Bee, a police officer of the 
 city and county of San Francisco, was takeu, that he knew the Johu W. 
 McCarthy, then in court, to be the Johu W. McCarthy who was in Febru- 
 ary, 1885, clerk of th.- supreme court of the State of California, and who is 
 charged in the indictment with embezzlement of public funds. Evidence of 
 the statutes of California as to the constitution and jurisdiction of the su- 
 perior court of California, the functions of the grand jury, the nature of an 
 indictment found by it, the nature of the crime of embezzlement, &c.. was 
 also given. 
 
 The chief-justice rendered his decision (which is on file) on tiie 4th of 
 February, and thereupon certified to His Majesty's minister of foreign affairs, 
 that— 
 
 "The chief-justice now finds that the above-named John W. McCarthy is 
 charged with the crime of embezzlement committed by him as a public 
 officer of the State of California aud eulrustod with the custody of jMiblic 
 funds belonging to said Stato while such officer; 
 
 "That said crime constitutes a felony liy tiie laws of saiil Statn of Cali- 
 fornia and is a crime within the meaning of secticm 44'Jof the Civil Coileof 
 the Hawaiian Islands; 
 
 "That the evidence addnciMl on the hi-aring aforesaid is Hnllicient to 
 sustain the charge made against the saiil John W. McCarthy, and that the 
 said John W. McCarthy is a fugitive from justice." 
 
 On reci'ipt of this certifujate ijie minister of foreign alVaiis issncn ins 
 warrant for the arrest -ind surn-nder of the iiccnsed. 
 
 The accused having been arrested, he ap]died Ut Mr. Justice Tn'ston, in 
 chainbers, on the 5th iiist., for a writ of luibeas corpus, whicli was granted, 
 and on the same day the accused was iiroduced before^ such just i<<' and his 
 detention jn»titied under tlie minister'H warrant. At the request of the 
 parties the judge discharged the writ pro forma in order that an imniediato 
 appeal might be takeu, an<l the accMiwHl was remanded in custody. 
 
 The appeal cauus on for liearing on the Otb inst., and was -irgucd by Mr. 
 Whiting for the appellant and the attorucy-goneral contra.
 
 170 exteaditio2h\ 
 
 The followiug points were taken by counsel for the appellant : 
 "1. That the State of California is not a sovereign power and therefore 
 this Government can not recognize its demand for petitioner's extradition. 
 
 2. Our treaty and intercourse is all with the United States and no person 
 can or should be delivered up to the officers of any of its component parts, 
 unless the demand therefor be made by the Government of the United 
 States at Washington. 
 
 3. The papers upon which the demand is made are in themselves insufficient 
 to warrant a deliverj upon a demand from Washington, and a fortiori from 
 California, in this, that the paper piu-porting to be a bench-warrant is not 
 issued under the seal of the superior court of the city and county of San 
 Francisco and is therefore void there and everywhere. 
 
 4. That the crime of embezzlement is not one mentioned in the treaty, and 
 even if the demand were made by the Government of the United States, 
 this Government should not give up petitioner, because the maxim enwrnerai/o 
 iinius est exclusio altcrius applies to a treaty. 
 
 5. That there is no evidence to warrant his arrest and delivery under our 
 law. 
 
 6. That there is no evidence that he is a fugitive from justice and there- 
 fore he should not be delivered up, as only fugitives from justice can be so 
 delivered. 
 
 7. That this Government can only deliver uj) petitioner to the properly 
 authorized agent of the United States of America, and Joseph Bee, who is 
 named in the warrant, has no authority whatever from that Government. 
 
 8. The court on habeas corpus enquire into the exercise of executive 
 discretion when the right of personal liberty is involved. 
 
 9. This Government is not observing a due respect to the United States 
 when it treats one of the States in all respects as though it were a sovereign 
 power. 
 
 10. From the warrant of arrest and the affidavit of the attorney-general 
 it appears that the crime alleged to have been committed by John W. Mc- 
 Cartbj, forwhich he is sought to be extradited, is thatof "enibezzlement." 
 That embezzlement, committed in a foreign country, viz, the United States, 
 is not an offence or crime for which John W. McCarthy can be extradited. 
 
 11. That the demand for extradition is made through the governor of the 
 State of California. That there is no authority in law for said governor to 
 make this demand.'' 
 
 The case was elaborately presented by the learned counsel and the follow- 
 ing authorities inter alia were cited in support of his contentions: Bishop's 
 Cr. L., sec. 23, 19G, 25 ; U. S. vs. Lancaster, 2 McLean, 431 ; Cohen vs. Vir- 
 ginia, 6 Wheat., 264 ; Spear on Extradition, pp. 5, 116, 117, 195, 196, 383, 51 ; 
 Opinions of Atty. Genl., vol. 7, p. 6, vol. 6, pp. 91, 85, 4:U ; Holmes vs. Jen- 
 nison, 14 Peters, 540 ; The People ex rel. Barlow vs. Curtis, 50 N. Y , 321 ; 
 Respublica vs. Longchamps, 1 Dall., 120; Ee Wong Sow, 3 Haw., 503. A 
 treaty is a supreme law of the land. Foster rs. Nelsou, 2 Pet., 253 ; Wheat. 
 Int. Law, 93, 94 ; Short's Case, 10 S. and R., 134 ; In re Washburne, 4 John 
 Ch. E., 106; Remarks of Tanej^, C. J., Rhode Island vs. Massachusetts, 14 
 Peters, 4.58. 
 
 The attorney-general contended that the Hawaiian Government might 
 under the authority of section 449 of the Civil Code and by international
 
 EXTRADITION\ 171 
 
 law, althongh not bound to do so, surrender the accused, notrvitlistanding 
 "embezzlement" was not a crime included in the treaty with the United 
 States. 
 
 By the Court : The first point Ave hare to consider is, whether the 
 minister of foreign atfaiVs has authority by law to issue his warrant to 
 surrender the petitioner. 
 
 It is a disputed question among writers on international law as to how 
 far a sovereign state is oblir/ed to deliver up persons charged with tho com- 
 mission of crimes in a foreign country. But it is nowhere held that the 
 government of a sovereign state may not iu its discretion deliver up such 
 fugitives from justice on requisition made by a friendly government. 
 
 If there be a treaty, of course the contracting states are bound to deliver 
 up persons accused of the commission of crimes mentioned in the treaty, 
 but it does not, in our opinion, follow that states are pi'ecluded from sur- 
 rendering jiersons accused of other crin^s than those specified. 
 
 The treaty between this Government and the United States was ratified 
 in August, 1850, and by it the contracting iiowers mutually agreed to sur- 
 render upon official requisition to the authorities of each, "all persons who, 
 being charged with the crimes of murder, piracy, arson, robbery, forgery, 
 or the utterance of forged [)aper, committed within the jurisdiction of either, 
 shall be found within the territories of the other." 
 
 In the case of An son Wing, the opinion of the Attorney-General (Gushing) 
 was cited by counsel for petitioner. The Attorney-General says: " It is 
 the settled politic doctrine of the United States that, independently of 
 special compact, no state is bound to deliver up fugitives from justice of 
 another state." " It is true, any state may, in its discretion, do this as a 
 matter of international comity toward the foreign state, but all such dis- 
 cretion is of inconvenient exercise in a constitutional republic, organized 
 as is the Federal Union," etc. And similar opinions have been given by 
 other Attorney-Generals of the United States, and there is no doubt that 
 the practice of the Government of the United States and of Great Britain 
 lias in general been in accordance with the policy stated by Mr. Gushing. 
 
 But in the case of Argueiles, the Government of the United States did 
 seize and surrender to the Spanish Government, with which there was no 
 extradition treaty, the pt^rson accused of crime. It is tuie Mj-. Spear, p. 1(1, 
 says it was nothing but legal kidnapping, but the Government exercised 
 its discretion. 
 
 But the case under consideration stands, as we think, on higher grounds 
 tlian any previously mentioned. 
 
 The legislature of this kingdom, by one of its first laws after tho recog- 
 nition of its independence and sovereign rights, adopted the principle that 
 it is Ihedntyof tin- state to surrcud«!r fugitives from justice. By Article 
 IV, section 1, of tho second act of Kaniehameha tho 3rd, "An act to ar- 
 range the cxecntivo departments of tho Hawaiian Islands," it is enacted: 
 
 "The governors, ujion r<(;civing information from the minister of the in- 
 terior that any person, an alien, fleeing from the justice of a foreign coun- 
 try on account of crime committed therein, is lurking in their respective 
 islands, evafling Jiisticf, and that formal dcmaiidhaH Ix'en mad<^ for his sur- 
 render by the ri'pr>seutatives of such foreign c<Minlry, or in ciise no demand 
 has been made, that a ])ublic proclamation has been issued against such
 
 172 EXTRADITION. 
 
 fugitive aud a reward offered for his apprebousiou ana surrender, shall 
 have power, aud it shall be their duty to issue a warrant for his or her ap- 
 prehension." 
 
 By a subsequent part of the same act relating to the office of the minis- 
 ter of foreign relations, it is enacted: 
 
 "The minister of foreign relations, upon information in writing from 
 the minister of the interior that an alien fugitive from justice has been ar- 
 rested'within the jurisdiction of this kingdom, and is in custody of the 
 marshal jjursuaut to section third, article 4, chajjter fourth of the first 
 part of this act. shall give immediate uotice of such arrest to the accred- 
 ited representative of the nation to which said fugitive belonged, if there 
 he one near this Government; and he shall, through such representative, 
 tender such fugitive to the nation whose subject or citizen he is, claiming 
 at the same time the costs and expenses incurred by his apprehension, re- 
 moval, confinement, aud surrenderji'" 
 
 The statute also provides that in case the accredited representative shall 
 decline to accept the surrender, the fugitive may be expelled the kingdom, 
 the policy of the Government being to deny the right of asylum to crimi- 
 nals. 
 
 The civil code was compiled and became law in 1859, and by it the follow- 
 ing clauses were substituted for those before set out : 
 
 " § 449. The respective judges aud magistrates of the kingdom shall have 
 authority, upou complaint made under oath, to issue a warrant for the ap- 
 prehension of any person charged with the commission of a crime in any 
 foreign country, that he may be brought before such judges, or other 
 magistrates respectively, to the end that the evidence of criminality may 
 he heard and considered ; and if, on such hearing, the evidence be deemed 
 sufficient to sustain the charge, it shall be the duty ofthe examining judge 
 or magistrate to certify the same to the minister of foreign affairs, that he 
 may issue a warrant for the surrender of such fugitive." 
 
 " § 451. The warriiut of the minister of foreign affairs, directing the 
 surrender of any fugitive from justice, shall be binding upon all officers of 
 His Majesty's Government, in anywise having the custody of such fugi- 
 tive. 
 
 " § 452. Evdry fugitive from justice may be retained in jirison after his 
 •surrender until a suitable opportunity occurs for his removal at the ex- 
 pense of the officer to whom he is surrendered." 
 
 So that it appears to the court there can be no question as to the right of 
 His Majesty's Government to surrender a fugitive criminal. 
 
 And, indeed, a very distinguished living statesman (P. S. Mancini) main- 
 tains that "the duty of surrendering such fugitives is founded in natural 
 right as a debt due to justice, and consequently does not depend for its 
 existence either on the fact of a treaty or on the condition of reciprocity." 
 (See American Law Review, November-December, 1885, p. 9.55.) 
 
 The legislature having, according to our view, provided for the surren- 
 der of such fugitives, and His Majesty's Government having exercised its 
 discretion by the minister of foreign affairs issuing his warrant for the 
 surrender ofthe petitioner, it is not within our province to review the ex- 
 ercise of such discretion, except so far that we must see there is a proper 
 legal basis to sanction the act of the minister; and this brings us to the
 
 EXTRADITION. 173 
 
 « 
 
 consideration of the remainder of the points urged on behalf of the peti- 
 tioner. 
 
 The requisition is made by the governor of the State of California, and 
 it is contended lie has no power to make such a requisition by the laws and 
 Constitution of the United States. 
 
 However this may be, and without bindingthe court todecide as we nrw 
 do in any case which may hereafter come before it, we hold in the case now 
 before iistliat, theniiiiister resident of tlie United States havinjj; ie(|nesfed 
 the intervention of His Majesty's Government, the ground taken for the pe- 
 titioner is not sustainable. 
 
 With respect to the points touching the want of evidence to warrant the 
 arrest of the petitioner, we are of opinion that if the petitioner was charged 
 with the crime before a magistrate having power only to commit the ac- 
 cused for trial, and to issue his warrant for the sirrest of the accused for 
 examination, the evidence would undoubtedly be insuflicient to make even 
 a prima facie case, and the petitioner would be entitled to his discharge. 
 But here an indictment has been found by a grand jury, from which we 
 must assume that sufficient evidence was adduced to warrant the placing 
 of the petitioner upon his trial. 
 
 Article 7 of our constitution, as to the right of an accused to have witnesses 
 against him produced face to face, only applies to persons put upon their 
 trial upon indictment before the courts of this kingdom. 
 
 It is enough that a reasonable presumpti()n of guilt is apparent, and the 
 production of an indictment found charging the crime is sutiicient. (Spear, 
 
 p. -m.) 
 
 With regard to the sufficiency of the bench warrant, we think it would 
 have been more regular to have forwardi'd the original ; but the copy is 
 certified by the proper authority, and it purports to be issued under the 
 seal of the court, and we think that the oljjections are not well taken. 
 
 The only remaining point is whether the petitioner is a fugitive from jus- 
 tice. The petitioner claims that by the law of the State of California (Po- 
 litical Code, ^ 653) he is entitled to be ab>eut from the State for sixty days, 
 and that consequently he is to be treated, not as a fugitive i'lom justice, 
 but as a person lawfully traveling wherever he may jdease. 
 
 We can not adopt this view, and we think the autliiuities of the State of 
 Calilbrnia have rcjuidiated such a construction by taking the measures 
 they have. The affidavit of the officer entrusted with the warrant for the 
 arrest of the petitioner is distinct and si)eci(ic. He says "sought for him at 
 his last known ])lace(jf residence and al his ]>lace of businessaiid in tiu^ mar- 
 ket place and at the exchange and tliat he could not lind said J. W. McCar- 
 thy, and deponent deposes and avers, ujion his information and belief, that 
 the said .1. W. MiCjutliy has lied from justice in the Statu of Calif(uiiia and 
 taken refuge in llir Kingdom of Hawaii." We Ilien-IVud are of opinion it 
 is suflicieutly proven that the petitioner is a fugitive Iikmi justice. 
 
 W<^ therefore dismiss the petition and niuaml tlic jielitioner to the cus- 
 tody of the marshal. Costs to be j>aid by the jmtitioner. 
 
 JuuD, C. ./. — In addition to the opinion of the court I wish to say that 
 as the crime charged against the prisoner (embezzlement of public funds 
 in a foriign country) is not one of the crimes for which, by the treaty 
 between the United States and this kingdom, his extradition could be de-
 
 174 EXTRADITION. 
 
 manded, the procedure to obtaia his surrender is not to be governed by the 
 provisions of the treaty. It is quite true that if the surrender of a fugi- 
 tive should be demanded as of right under the treaty, this Government 
 Avoiild be justified in refusing to comply with it, unless the demand came 
 from the executive representing the sovereignty of the foreign state. 
 
 In the case before us the request of the United States minister that the 
 prisoner be surrendered to the agent of the State of California is sufficient. 
 The liberty of residents in this kingdom is fully protected by tbe statute 
 law, which requires a judicial examination into the proof of criminality 
 agaiust them and a judgment as to its sufficiency as a prerequisite to their 
 being extruded from this kingdom. If it were not for this statute, and a 
 resident of this kingdom was attempted to be sent abroad to be tried for a 
 crime not extraditable under a treaty, the act of the executive in arresting 
 Mm and holding him for surrender would be without law. In euch a case 
 the courts would be authorized to interfere by habeas corpus. 
 
 The policy of this country, as evidenced by the statute of 1846, which 
 authorized the arrest of an alien fugitive from justice and his tender to the 
 accredited representative of tbe country to which the fugitive belongs, 
 though no demand for his surrender be made, and the present statute 
 passed in 1859, is certainly against making our shores the asylum for for- 
 eign criminals. Many of the dicta quoted from cases in courts of the 
 United States wheie the policy is said to be against the surrender of fugi- 
 tives, except under treaty obligations, would have no application here. 
 
 McCuLLY, J. — The eleven points made by the learned counsel for the peti- 
 tioner cover everything that can be urged on his behalf. But in my view 
 he seriously misapprehends the status of the case with reference to Article 
 XIV of the American treaty, and with reference to treaty stiiJulationa 
 generally. 
 
 It is seen by the citations made in the opinion of the court from the 
 organic laws of 1846, the first systematic laws of this kingdom, that a full 
 and liberal provision was made against the contingency that the island 
 kingdom might become a resort for fugitives from justice. Such might be 
 arrested upon merely the formal demand of a resident foreign represent- 
 ative, or further upon the mere knowledge that i^ublic proclamation had 
 been issued against a fugitive, and be held in custody of the authorities 
 until surrendered to the representative of the foreign government from 
 whose jurisdiction he had fled. These statutes contain no provisions for 
 judicial examination of the grounds for issuing a warrant. The order 
 proceeds immediately from the executive. Furthermore, so careful was the 
 legislation of that time that persons guilty of crime in other countries 
 should not sojourn here that it is provided that even if the representative of 
 the foreign power refuses to accept the surrender, the offender maybe deliv- 
 ered up for transportation to any armed vessel of his nation. 
 
 These provisions of law were made ju-ior to any treaty stipulations con- 
 cerning extradition, although treaties recognizing the sovereignty and civ- 
 ilization of the kingdom had been made with France and Great Britain. 
 
 The statutes of 1846 being the law of the kingdom, the treaty with the 
 United States embracing Article XIV, providing for extradition, was rati- 
 fied in August, 1850. There are obvious reasons why the treaty should be 
 narrower in its terms than the Hawaiian statute. It was of reciprocal ob-
 
 EXTRADITION. 175 
 
 ligation, binding the United States to restore like offenders nijon like terms 
 to the Hawaiian Government. 
 
 It is a universal rnle in extradition treaties to spfcify the extraditable 
 offenses. What is agreed upon becomes obligatory and the claim i.s of 
 right, not depending upon international comity nor upon the statutes of 
 the state upon which the demand is made. The United States could liavo 
 entered into no treaty giving extradition in the broad terms of the Ha- 
 waiian statute of 1846, while there were very good reasons of policy lor 
 this kingdom to offer the statute to the powers of the world, and there could 
 be no implication that the American treaty curtailed the effect of it by 
 specifyinjj the offenses for which the United States would extradite to Ha- 
 waii, and vice versa. 
 
 In this state of law and treaty the civil code, repealing and superseding 
 the acts of 184ti, was passed May, 1859. Section 449 specifies no offenses. 
 "A crime "is the only designation of the subject on which the statute 
 moves. The mode of jnoceeding only is changed. There is no appearance 
 of modification due to the American treaty which had been in operation 
 nearly ten years. The wise policy of maintaining a statute which would 
 .surrender to the justice of foreign powers a wider class of offenders than 
 was stipuliited by treaty appears to have still obtained. Enacted after the 
 treaty it is independent of it, and I see no reason to hold that the treaty 
 abridges the law. This view disposes of one series of the petitioner's ob- 
 jections. 
 
 As to the form of the demand. Undoubtedly the State of California can 
 not maintain diplomatic relations, with this or any other foreign power, 
 unless, which I am not informed about, she is included among the states 
 which the Republic of Mexico by treatj' with the United States i)ermits to 
 make extradition demands directly upon her. But hero the United States 
 minister adopts and presents this request, which is not a demand — only 
 treaty stipulations being demandablc — that this Government will put in 
 operation its own statute. In this view it seems to me nothing more is 
 needed. Indeed the statute reqtiires only " com])Iaint made under oath" 
 before any magistrate by whomsoever may be credible and have a proper 
 relation to the case to put it in motion. Query: Why could not Ollicer 
 Bee, without the request of the governor of Califurnia, and wilbout there- 
 quest of the United States minister, have demanded a warrant for thi' ap- 
 prehension ? Tlicse requests, the one and the other, sire highly iiilliienlial, 
 but I do not perceive tliat they are essential to tlie operation of the staliile. 
 The antbority of Officer Bee to receive him without special authorization is, 
 however, a different tiling from making the eoMii)laint. 
 
 Now, was the evid<!nce of criminality suHicient to sustain the charge f 
 Douhtless, this court upon review in lialiean vorpiia of the sulheieucy of evi- 
 dence, will be hr-ld liy all the coustitutional provisions guaranteeing the 
 rights of ](ers(inal iilierty and of trial upon evidencis of witnesses produced 
 face to face, l)oth for the defence and proHecution, wliieh rights behm^ to 
 all persons being for any time within our jurisdiction. 
 
 Withf)ut referring to the authorities uiven in tin' opinion of tluroiirr, 
 I cite only the result exiuesseil in Spear's Law of K.\tradition, p. UK in these 
 words : " The general rule of evidence udojiterl in the extradition treaties ol 
 the United States ia, that the charge of criminality on wiiich the demand
 
 176 EXTRADITION. 
 
 for rlf^livery is based must be supported by such evidence as would jufsfify 
 11)1' api)rcliension and commitment for trial of the person accused, if the 
 allt'jfcd oflVnse had been committed iu the country on which the demand 
 is made. " This rale as to treaties may be adopted for action under onr 
 statute. "We have before us in this case evidence of criminal proceed- 
 ings commenced in the court of California. An indictment has been found 
 by at least twelve grand jurors acting npon sworn testimony. A bench- 
 warrant has issued thereon for his arrest, and the service thereof has been 
 defe;ited only by the departure of the petitioner from the country. Tbe 
 case has reached the stage of probable cause and apprehension alreadj- in 
 California. " Evidence of criminality " required by section 449 cannot be 
 taken to mean couvicrion of guilt. Mr. McCarthy is not to be tried here. 
 He is Avanted to be tried in California. The proofs otfered here satisfy me 
 that there is no infringement of personal right in rendering him for such 
 trial. On the other hand it would be unreasonable to require more. There 
 is a clear distinction between a mere charge or accusation and a commit- 
 ment or indictment found. If there were only the first, it would be proper 
 to require here evidence of probable cause on which a commitment for trial 
 might be made. We are certified that this has already been done. If our 
 statute does not apply to this case it is not easy to see what it was intended 
 to accomplish. 
 
 Regarding the jurisdiction of the court to inquire into the discretion of the 
 executive in this proceeding it seems to me that when we have determined 
 that the issue of the certificate to the minister of foreign affairs was well 
 based on the statute, we have done all that belongs to us. Upon such cer- 
 tificate given we are not to advise him to issue his warrant, and certainly 
 are not to advise him not to issue it. 
 
 ITAIiT. 
 
 December 31, 1888, Mr. Stallo made the following report : 
 
 Sir : I have the honor to acknowledge the receipt of your circular- 
 letter of the 26th of November, 1888, and in answer to the questions therein 
 propounded to me, to report : 
 
 1st. That the Italian Government does not, as a general rule, extradite 
 fugitives from justice in the absence of a conventional obligation, although 
 the old Piedmoutese Government has occasionally extradited foreigners 
 who had taken refuge within its territory as a matter of comity. The Ital- 
 ian Government does not surrender its own citizens, and in a late case (that 
 of Salvatore Paladini) has refused to surrender an Italian subject, even 
 although in the extradition treaty of March 23, 18i)H, between Italy and 
 the United States, there is no article expressly excepting the citizens or 
 subjects of either of the contracting states from the operation of the treaty. 
 
 2nd. Before the formal requisition for the surrender of a fugitive from 
 justice, accompanied with tbe evidences of crime relied upon to obtain ex- 
 tradition, has been received, a provisional arrest and detention of the fugi- 
 tive may be granted either upon a written or telegraphic communication 
 by the demanding government ; but to that end a diplomatic requisition is
 
 EXTRADITION. 177 
 
 uecessary, ^hich must contain a statement of the facts constituting a case 
 of urgency. The term during wliicli tlie fugitive can be provisionally de- 
 tained is not limited by law. 
 
 3rd. Warrants of arrest are issued by the executive, that is, in fact, by the 
 department of grace and justice, to which all requisitions are sent by the 
 foreign office. If a warrant for provisional arrest has been issued a new 
 warrant is required after the receipt of the formal requis'itibn. The war- 
 rant of arrest is issued upon the strength of the documents evidencing the 
 guilt of the accused which accompany the requisition, and no complaint 
 before the judicial authorities is required. No arrest can be secured on 
 complaint before judicial authorities without prior application to the execu- 
 tive. 
 
 4th. The charge against the fugitive, so far as it is evidenced by the 
 documents accompanying the requisition, is, in the first instance, exam- 
 ined by the department of grace and justice, and thereupon, upon the ap- 
 plication of the fugitive or at the instance of the Government may be re- 
 ferred to the judicial tribunal pf the province in which the arrest has been 
 made. But the action of such tribunal is simply advisory and not binding 
 on the executive. All papers to bo presented to the judicial authorities 
 are first submitted to the executive, i. e., to the department of grace and 
 justice, by the foreign office. 
 
 5th. Papers upon which the demand for extradition is founded are re- 
 quired to be authenticated by the department of state of the demanding 
 government. 
 
 6th. The question of extradition is finally decided by the foreign office 
 upon the advice of the department of grace and justice, and notice of the 
 decision is given to the demanding government through the same channels 
 through which the requisition was transmitted. 
 
 7th. Seizure of the property and cfl'ects of the fugitive maybe secured in 
 an action at law upon the complaint of the demanding government or of 
 the party injured, but such proi>erty and efi'ects are not, as a rule, delivered 
 to the demanding government. 
 
 8th. The delivery of an extradited fugitive takes place at the frontier 
 with the understanding that the fugitive be taken out of the country as 
 soon as jiracticable. 
 
 9th. The right of transit across the territory of Italy of criminals sur- 
 rendered by a third state to a foreign government may bo conceded by the 
 Italian Govtrninent as a matter of comity ; but owing to tho peculiar gt>o- 
 graphical position of tho Kingdom of Tt.ily )i<> '^iieli concession appears us 
 yet to have been applied for. 
 
 10th. The expenses of extradition arc to bo paid liy the demanding gov- 
 ernment. 
 
 In compliance with the instructions of tho Department, I send herewith, 
 under separate cover, a duplicate copy of tlie now penal code of Italy, which 
 is to take efl'ect on the I'.Oth of.Inno, 18^9; and also incloso ji transiaHon of 
 articles 4 to 8, Hook First, Title I, relating to extradition. I liavi> not as 
 yet been able to procure a collection of the treaties relating to extradition 
 betwof-n Italy and foreign jjowcrs, but will forwanl the Ba?n<' .'is hooii as it 
 is obtainc<l. 
 
 I have the hoimr, etc., 
 
 J. B. Stallo. 
 S. Ex. O.J 12
 
 178 ' EXTRADITION. 
 
 [Inclosure. — Translation. ] 
 
 Extract from the new penal code approved by the Chamber of Deputies and the 
 Royal Senate of the Kingdom of Italy, promulgated on the 28<A of November, 
 and to take effect on the 'SOth of June, 1889. 
 
 Book First. — Title I, 
 
 Art. 4. No one can be punished for crimes committed without the terri- 
 tory of the kingdom except in cases expressly provided for by law. 
 
 Art. 5. A citizen or foreigner who, in a foreign territory, commits a crime 
 against the security of the state, or is guilty of counterfeiting the seal of 
 the state or of coin having legal currency within the kingdom, or of evi- 
 dences of public debt or credit, such crime being punishable by imprison- 
 ment for a term exceeding five years, is tried and punished according to 
 law. 
 
 He may be tried and jjunished according to Italian law even although 
 he has already been tried and punished in the country where the crime was 
 committed, but in such case allowance is made for the punishment already 
 incurred. 
 
 Art. 6. A citizen who, in cases other than those indicated in the preced- 
 ing article, commits a crime in a foreign country which, according to the 
 laws of that country, is punishable by imprisonment for a term of not less 
 than three years, is tried whenever found within the kingdom and pun- 
 ished according to the i^rovisions of the more lenient of the laws of the 
 two countries. 
 
 If the crime be punishable with imprisonment of less duration, the per- 
 son committing the crime can not be proceeded against except on com- 
 plaint of the party injured or on the request of the foreign government. 
 # # # * # * * 
 
 Art. 7. A foreigner who, in cases other than those indicated in article 5, 
 commits a crime in a foreign country to the injury of an Italian citizen or 
 of the state, which crime, according to the laws of the state where it was 
 committed, is punishable with imprisonment foraterm of not less than three 
 years, is tried whenever found within the kingdom, and punished accord- 
 ing to the milder law of the two states ; and incase the crime is punishable 
 with imprisonment of less duration, the person guilty of it is proceeded 
 against only upon the complaint of the party Injured. 
 
 A foreigner found within the kingdom maybe tried and punished accord- 
 ing to the milder law prevailing in either of the countries, for a crime com- 
 mitted abroad to the injury of a foreigner, even if such crime, according 
 to the laws of the state where it was committed, is punishable with im- 
 prisonment for not less than three years upon concurrence of the follow- 
 ing conditions: 
 
 1st. That the crime is one of those covered by the tieatj' of extradition, 
 or an offense against the law of nations, against a person, against prop- 
 erty, against i^ublic faith, against good iporals or the peace of families, or 
 in the nature of a fraudulent bankrux)tcy ; 
 
 2nd. That no extradition has taken i)lace of the party guilty of the crime 
 to the government of the country in which the crime was committed, or 
 to that whereof he is a citizen.
 
 EXTfiADITIOX. 1T9 
 
 The Government may expel the foreigner from f^e kinsjdom.in thecases 
 provided by law, wirhont trial or after trial and "punishment. 
 
 Art. 8. Excepting in the cases jirovided for bj- the second paragraph cf 
 art. 6 persons charged with crime are not tried • 
 
 1st. Iif according to the law either of Italy or of the country where the 
 crime was commilt^^d, the penal action is barred by the statute of limita- 
 tions j 
 
 2nd. If the crime according to the first paragraph of art. 9, is not such 
 as to justify extrad'+ion ; 
 
 3rd. If the persor charged with the crime 'las been tried and acquitted 
 in the foreign cour ,ry ; or, having been »^T'ed and found guilty, has suf- 
 fered the punishm nt inflicted upon him • or if the sentence pronouuced 
 against him is b^ red by the statute of i;""*tatious. 
 
 • « * « f * • 
 
 Art. 9. Tb' extradition of an It-y.- j citizen to a foreign government is 
 forbidden. 
 
 The ext adition of a foreira*-. is never allowed for political or similar 
 crimes. 
 
 The extradition of a ff relgner can not be offered or conceded except by 
 order of the King's government, and after previous judgment of the judi- 
 ■iial authority of who'';C jurisdiction the foreigner is subject. 
 
 NevertheJ'jss, ^h^aever a demand of extradition is made, the competent 
 authority tpiy j' ler the provisional arrest of a foreigner. 
 
 JAPAT^^. 
 
 January 19, 1889, Mr. IJnbbaid made the followiug report: 
 
 out: I have the honor to acknowledge the receipt of your circular in- 
 jtruction, dated November 26, 1838, asking for certain iuformatiou on the 
 subject of iuteriiatioual extradition as practiced by the Govcnmieut to 
 wliich I am accredited. 
 
 I had the honor in my dispatch No. 'M*>, dated August 29, 1887, to cucloso 
 Jo the Department the law of Japan on the subject of extradition, and this 
 law, with the treaty of extradition between the United States and Japan, 
 answers all the questions propoiunled in the circular iiis(ru<-tion, except 
 ouc or two, whieli have been answi' <1 Tt !>!'• iiv Mr T ip.-m.sr fnrejgn 
 ofBce. 
 
 Japan has no treaty of extradition with any country except tiie United 
 States, and no la%v on the subject of extradition lias been passed sinct^ the 
 l.iw referred to above as having been sent to th(! Department of Stat(% an<l 
 which I have the honor again to enclose for the couvonionco of the Depart- 
 ment. 
 
 The JapancMJ Government will extradite in the absence of a conventional 
 obligation, on condition of reciprocity, and Iho matter is in the absolute 
 discretion of the Government. 
 
 In regard to the (lucMtionsin section 4 <>f the lireular instruction, 1 beg 
 to refer the Department to sections l.'» and IC.of the inclosed law, with the
 
 180 EXTRADITION. 
 
 explauatiou that while the public ijrocurator makes a report to the miuis- 
 ter of justice iu every case of extradition, the report is uot bindiug on the 
 minister of justice who finally decides the extradition. 
 
 The Government will deliver up extradited criminals at the frontier, 
 that is, on board ship. 
 
 When the right of transit across the territory of Japan is granted for 
 criminals surrendered by a third state to a foreign government, the crimi- 
 nal during such transit is in the custody of Japanese officers. 
 
 I have, etc., 
 
 Richard B. Hubbard. 
 
 [Inclosure. — Translation.] 
 
 Extradition of criminals regulations. 
 
 We hereby give our sanction to the regulations for the extradition of 
 fugitive criminals, and order the same to be promulgated. 
 [His Imperial Majesty's Sign Manual.] 
 [Privy Seal.] 
 
 Dated the 3rd day of the 8th month of the 20th year of Meiji. 
 
 (Countersigned) Count Ito Hirobumi, 
 
 President of the Cabinet. 
 Count Inouye Kaoru, 
 
 Minister for Foreign Affairs. 
 Count Yamada Akiyoshi, 
 
 Minister of Justice. 
 
 Imperial ordinance No. 42. 
 
 REGULATIONS FOR THE EXTRADITION OF FUGITIVE CRIMINALS. 
 
 Art. I. In these regulations the term "treaty power" means a foreign 
 power with which the Empire of Japan has or may hereafter have an ex- 
 tradition treaty. 
 
 The term " extradition crime" means one of the crimes or oflFences men- 
 tioned in an extradition treaty with a treaty power. The term "fugitive 
 criminal" means any ])erson not a Japanese subject who is accused or con- 
 victed of an extradition crime committed within the jurisdiction of any 
 treaty power, who has taken or is suspected of having taken or being about 
 to take refuge within the jurisdiction of the Empire of Japan. 
 
 It shall also include Japanese subjects : 
 
 1. If the extradition treaty between the Empire and the demanding- 
 treaty power provides for the mutual surrender of their respective subjects 
 or citizens. 
 
 2. If the extradition treaty makes the surrender of subjects or citizens 
 discretionarj^, and the demanding-treaty power shall have signified its 
 readiness to reciprocally surrender its subjects or citizens under similar cir- 
 cumstances. 
 
 Art. II. Whenever the extradition of a fugitive criminal is requested 
 by a treaty power, and steps are to be taken with a view to his surrender, 
 the provisions of the regulations shall be complied with.
 
 EXTRADITION. 181 
 
 Art. III. A fugitive crimiual shall not be surreudered iu the Ibllowiug 
 cases : 
 
 1. If the offence in respect of which his surrender is requested is of a i)o- 
 litical character. 
 
 2. If he satisfactorily prove that the requisition lor his surrender has iu 
 fact been made with a view to try or punish him for an offence of a polit- 
 ical character. 
 
 Akt. IV. A fugitive criminal who has been accused of some oU'euce 
 within Japanese jurisdiction, not being the offence for which his surrender^ 
 is requested, or who is undergoing sentence in .Japan, shall not be surren- 
 dered until after he has obtained his discharge by expiration of his sen- 
 tence or otherwise. 
 
 Art. V. A fugitive criminal shall be liable to be apprehended and surren- 
 dered to a treaty power for an extradition crime committed before the 
 conclusion of tlie treaty wiih such power. 
 
 Art. VI. A fugitive criminal shall also be liable to be apprehended and 
 surrendered for an extradition crime although the Japanese courts may 
 have concurrent jurisdiction over such crime, if, in the opinion of the min- 
 ister of justice, the ends of justice will be subserved by such surrender. 
 
 Art. VII. All warrants of arrest issned under these regulations shall be 
 enforceable in all parts of the Empire. 
 
 Art. VIII. If a fugitive criminal is claimed by two or more treaty pow- 
 ers, on account of crimes committed within their jurisdiction, the surren- 
 der shall be made according to priority of demand, unless an agreement to 
 the contrary be made between the treaty powers making the requisition. 
 
 Art. IX. The minister of justice may, upon the request of the minister for 
 foreign affairs, order one or more head public procurators {josehi kenji) to 
 issue a warrant for the provisional arrest of a fugitive criminal according 
 to Form I to tliese regulations annexed. 
 
 Such request should only be made by the niini.ster for foreign affairs after 
 he has received information in writing or by telegiaph from a f n^aly pow^r 
 through the proper channel that, a warrant has been i.ssued lor the arrest of 
 the criminal, and an assurance that his surrender will be requested in duo 
 form. 
 
 Art. X. When any jn-r.scn has been api)rehcn<loil iindiT a warrant of 
 provisional arnsst \w shall bo discliarged from custody unless a recpilsition 
 for surrender sliail bo made within a rcasonabl»» time, not exceeding two 
 months. Such discharge shall not, however, ]uevcnt the subHcqucnt ar- 
 rest and surrender of any persctn so apjnehendcd. 
 
 When a rcquisiiiou for surrender of a person held under a warrant of 
 I)rovi8ioual arrest has been made, a warrant of arrest in accordanc^^ with 
 I'Virin IF, annexerl, shall lie issued ami tlio warrant of ])rovisional arrest 
 shall b(i rcturinid. 
 
 Art. XI. Subject to thft excepfion in Article IX i»rovi(lod lor, no jierson 
 sh;ill be arrt^sKMl Wifli a view tri r-xlradition until a requisition sli.ill have 
 be(Mi ma<ln through the ehannel named in the treaty under wliieli extradi- 
 tion is claimed, in manner following: 
 
 1. In the case, of a jxthou aeeused, the reijiuMit i<in shall be aeruimpanii'd : 
 
 (a) liy an authenl i'lited enpy of ilie w.in.int of .nresf, pi,r)ioriing to
 
 182 EXTRADITION. 
 
 bavo beeu issued by a duly autborized official of tbe couutry in wbicb tbe 
 acts cbarged against tbe accused are alleged to bave been committed; and 
 
 (6) By au<^beuticated copies of tbo depositions or statements ou wbicb 
 sucb warrant of arrest was issued. 
 
 2. In tbe case of a person cou victed, tbe requisition sball be accompauie^l 
 by a copy of tbe sentence of tbe court in wbicb be was convicted, autbeu- 
 ticated under its seal. 
 
 Akt. XII. Upon receipt of a requisition for surrender, tbe minister for 
 foreign affairs sball, if tbe case is one falling under an extradition treaty, 
 transmit tbe requisition, witb its accompa,nying documents, to tbe minister 
 of justice. 
 
 Tbe minister of justice sball, upon tbeir receipt, and if be considers tbere 
 be due cause, order tbe bead i)ublic i^rocurator of any j)lace wbere tbe 
 fugitive criminal is believed to be, or is expected to come, to issue a war- 
 rant for bis arrest. 
 
 Art. XIII. A bead public procurator, upon receipt of tbe order from tbe 
 minister of justice, in Article XII mentioned, sball issile a warrant of arrest. 
 Sucb warrant sball be according to Form II to tbese regulations annexed. 
 
 Akt. XIV. Wben tbe person claimed sball bave been apprebended, 
 wbetber provisionally or otberwise, be sball be brougbt before tbe bead 
 public procurator wbo issued tbe warrant, or tbe bead jjublic procurator 
 witbiu wbose district be bas been apx>rebended. 
 
 Sucb procurator sball immediately inform tbe minister of justice of sucb 
 arrest. 
 
 Tbe minister of justice sball cause to be forwarded to bim so soon as may 
 be practicable, unless tbe discbarge of tbe person arrested sball bave been 
 ordered, a copy of tbe requisition for surrender and tbe documents accom- 
 panying tbe original requisition. 
 
 Akt. XV. In tbe case of a person accused, tbe bead public procurator 
 before wbom be is brougbt sball take evidence witb respect to tbe identity 
 of tbe accused and tbe genuineness and autbenticity of tbe documents 
 accompanying tbe requisition for surrender; and be may, if be deems sucb 
 documents insufficient, take additional evidence as to tbe criminality of 
 tbe accused. In case of a person convicted, tbe bead public procurator 
 eball limit bimself to obtaining evidence of identity and i^roof of sentence 
 baving been passed by a competent court of tbe treaty power claiming bis 
 extradition. 
 
 Art. XVI. Wben tbe bead public procurator bas completed bis enquiry 
 be sball forward a copy of tbe same to tbe minister of justice togetber witb 
 his opinion as to tbe course tbat sbould be pursued. He sball also at tbe 
 same time return tbe copy of tbe requisition for surrender and tbe docu- 
 ments accompanying it. Tbe minister of justice sball, upon receipt of such 
 report from the bead public procurator, either issue a warrant of surrender, 
 according to Form HI to tbese regulations annexed, or order tbat the per- 
 son arrested be discharged. 
 
 Art. XVII. No fugitive criminal sball be detained for more than two 
 months after be shall bave been arrested in accordance with a warrant of 
 arrest. 
 
 Art. XVIII. Tbe minister of justice sball issue a warrant of surrender 
 only in ihe following cases:
 
 EXTRADITION. 183 
 
 1. In the case of a person accused of an extradition crime, provided the 
 evidence of criminality appears to him sufficient, according to the law of 
 Japaa, to justify his committal for trial if the crime or offence of which he 
 is accused had been committed in Japan. 
 
 2. In the case of a person convicted, if he is satisfied that the person has 
 been convicted by a competent court. 
 
 Art. XIX. Persons convicted by jiidgment in default (in contumaciam) 
 shall, for the purpose of these regulations, and unless it be otherwise stipu- 
 lated by the treaty with the treaty power demanding the extradition, be 
 considered as persons accused, and not as persons convicted. 
 
 Art. XX. When any person arrested has been discharged, or when a war- 
 rant for his surrender has been issued, the minister of justice shall return 
 to the minister for foreign affairs the requisition for surrender and its ac- 
 companying documents along with a short statement of the course taken 
 and the reasons therefor. 
 
 Art. XXI. No person shall be detained after the issue of a warrant of 
 surrender for more than one mouth. If he be not conveyed out of the Jap- 
 anese Empire within that time, he shall be discharged from custody, unless 
 good cause be shown to the contrary. 
 
 Art. XXII. All articles seized which were in the possession of the per- 
 son to be surrendered at the time of his apprehension shall, unless for good 
 reason to the contrary, be given u^) to the person or persons who receive 
 him when the extradition takes place. 
 
 Art. XXIII. The minister of justice may, upon request of the minister 
 for foreign affairs, authorize the passage through the territory or the ter- 
 ritorial waters of Japan of any person who has been surrendered by one 
 foreign power to another. 
 
 Such request should only be made by the minister for foreign affairs, 
 after receiving an application through the proper channel from the gov- 
 ernment to which the surrendered person is being conveyed, accompanied 
 by a duly authenticated copy of the warrant of surrender, and in the ab- 
 sence of treaty stipulations on the subject between the Empire of Japan 
 and the government making the application, an assurance that, under sim- 
 ilar circumstances, said government would reciprocally authorize the con- 
 veyance through its territory or territorial waters of persons surrendered 
 bv third powers to the Empire of Japan.
 
 184 
 
 EXTRADITION. 
 
 FOitM I. 
 
 "Wakkant of Provisional Arkest. 
 
 Name, Age, Nationality and residence of the per- 
 son to be arrested. 
 
 By order of the Minister of Justice, this warrant 
 is issned pursuant to the Extradition Kegulations, 
 
 and the above mentioned a fugitive criminal 
 
 of -ho has been {accused ^of^ jthecomxnis. 
 
 sion of in is hereby ordered to be ar- 
 rested to be fur; her dealt with according to law. 
 
 Seal and Signature of the Head Pub- 
 lic Procuiator. 
 
 Seal and Signature of the Court 
 Clerk. 
 
 The day of the month 
 
 Seal of 
 Public Pro- 
 curator's 
 Office. 
 
 of the 
 
 • year of Meiji. 
 
 Signature of the person 
 arrested ; if unable to ob- 
 tain it, the reason to be 
 stated. 
 
 Date and hour of the ex- 
 ecution of the warrant. 
 
 Place of the execution of 
 the warrant. 
 
 Manner of the execution 
 of the warrant. 
 
 If a house is searched, 
 the fact to be stated. 
 
 Executed as above stated. 
 
 Seal and Signature of the Policeman or Gendarme. 
 
 The day of the month of the year of 
 
 Meiji.
 
 EXTKADITION. 
 
 185 
 
 FORM n. 
 
 Waekaxt of Akrkst. 
 
 Name, Age, Nationality and residence of the per- 
 son to bo arrested. 
 
 By order of the Minister of Justice, this warrant 
 is issued pursuant to the Extradition Kegulations 
 and the above mentioned a fugitive criminal 
 
 of- 
 
 ■ who has been 
 
 the commis- 
 
 J ac 
 
 { convicted of . 
 
 hereby ordered to he ar- 
 
 sion of in la 
 
 rested to be further dealt with according to law. 
 
 Seal of 
 Public Pro- 
 curator's 
 Office. 
 
 Seal and Signature of the Head Pub- 
 lic Procurator. 
 
 Seal and Signature of the Court 
 Clerk. 
 
 The day of the month 
 
 of the 
 
 • year of Meyi. 
 
 Signature of the person 
 arrested ; if unable to ob- 
 tain it the reason to be 
 stated. 
 
 Date and hour of the exe- 
 cution of the warrant. 
 
 
 Place of the execution of 
 the warrant. 
 
 
 Manner of the execution 
 of the warrant. 
 
 
 If a house is searchod, 
 the fact to bo stated. 
 
 
 Executed as above stated. 
 
 Seal and Signattlroof the Policeman and Gendarme. 
 
 The day of the month of tlie year of 
 
 Meyi.
 
 186 
 
 EXTRADITION. 
 
 roKM in. 
 
 "Warrant of 
 
 Name, Age, Nationality 
 son to be surrendered. 
 
 The warrant is isaued p 
 tion Kegulations and the 
 who was arrested on the 
 month of the year 
 
 c--l{-S^edSof 
 in under a warrant 
 
 Surrender. 
 
 and residence of the per- 
 
 ursuant to the Extradi- 
 above mentioned 
 
 of Meiji "as a fugitive 
 
 the commission of 
 
 f C arrest } 
 I provisional arrest 5 
 
 year of Meiji 
 to the p 
 
 receive him; ai 
 
 manded to rec 
 
 tody and to co 
 
 the and 
 
 any person or 
 him. 
 
 18 hereby ordered to be .surrendered 
 erson or persons duly appointed to 
 
 sive the said into f ttigij.} c^s- 
 
 nvey him within the jurisdiction of 
 there place him in the custody of 
 persons duly authorized to receive 
 
 Seal of 
 
 Department 
 
 of 
 
 Justice. 
 
 Seal and Signature of the Minister 
 
 of Justice. 
 The day of the — month 
 
 of the year of Meiji. 
 
 
 
 Date and hour of the exe- 
 cution of tlie warrant. 
 
 
 Place where executed. 
 
 
 Signature of the person 
 or persons to whom the 
 person surrendered has 
 been delivered. 
 
 
 Executed as above stated. 
 
 Seal and Signature of the Superintendent of the 
 prison where the person to be surrendered has 
 been detained. 
 
 The day of the month of the year of 
 
 Meiji.
 
 EXTRADITION. 18" 
 
 lilBERIA. 
 
 January 2, 1889, Mr. Smith inclosed to the Department, 
 from the secretary of state of Liberia, the following note : 
 
 Department of State, 
 Monrovia, January 1, 1889. (Liberia, W. C. A.) 
 Sir: I have the honor to acliuowledcre the roceptiou Iroui your lt!gatioii 
 of a despatch addressed to you by the Honorable tlie Secretary of State of 
 the Uuited States, with reference to certain information to be obtained on 
 the subject of international extradition as practiced by the Government of 
 the Republic of Liberia. 
 
 2. In reply to the inquiries suggested in the document now under reply, 
 I have most respectfully to inform you that this Government has not, up to 
 the present, entered into treaty relations with any foreign states with ref- 
 erence to the extradition of fugitives, and does not extradite in the conse- 
 quent absence of a conventional obligation to that effect. 
 
 3. As a natural consequence of the absence of treaty obligations on the 
 subject of extradition, there has so far been no legislation on the subject, 
 and I am therefore unable to give the information sought for in the remain- 
 ing ijaragraph of the above cited document. 
 
 I have the honor to be, &c., 
 
 E. J. Barclay. 
 
 MEXICO. 
 
 The follovring cases hearing on procedure in Mexico are 
 taken from the records of the department of State : 
 
 May 19, 1883, Mr. Morgan, minister of the United States at the City of 
 Mexico, was instructed by telegraph to ask for the airest of one Vincent, 
 charged witli embezzk;ment of public ujoneys in the United States. Mr. 
 Morgan preferred tlie request. In reidy the M<'xiean minister of f<ucign 
 affairs said that it would be useless to telegraph an order for Vincent's ar- 
 rest, since no doscrii>tion of liim was furnished nor any information of his 
 wliereabouts. He also adverted to tlie fact tliat the treaty did not author- 
 ize t e arrest of a fugitive upon telegnipliic requcMt i)rior to tbo receipt of 
 a forn al requisition. Subse(|iiently adescripfion of Vincent w:is furnished 
 and on the 2nd of .July, l^^Kj, Mr. Morgan telignqtliefl io the Dcparlment 
 that on the pn-ceding day the rresiilent of Mexico had instructed the gov- 
 enjor of Coahuila, where Vincent was supposed to be, to arrest hin> and to 
 detain him until the extradition p.apers were presented. On the r>th ot 
 April, 1884, Mr. Morgan rejjorted that the President of Mexico had onlered 
 Vincent's surr<!nder. 
 
 On the 2nd of July, 1H84, Mr. Morgan reported to the De|iartment that, 
 pnrsuajit to its telegraphic iiistruc^lionH, ho had reiinested tlio fon-ign ofllco 
 to dir(!ct the authorities at Monlen-y, Nueva Fieori, to hold one MorriMon, 
 charged with forgery at San Antonio, Texas, until tl»o arrival of an appli- 
 cation for his extradition, which wna then on its way. The minister for
 
 188 t^XTRADITIOX. 
 
 foreign affiiirs replied: "Having yesterrlay received a cablegram from 
 Seiaor Romero [Mexican minister at Washington] containing a similar 
 application from the Secretary of State at Washington, I immediately 
 telegraphed the governor of Nueva Leon to order Morrison's detention." 
 
 On July 12, 1884, Mr. Morgan enclosed a note from Mr. Fernandez, of 
 July 9, saying that the governor of Nueva Leon had ordered Morrison's 
 detention, and. he hoped the documents would soon he -transmitted. On 
 August 5, 1884, Mr. Morgan reported that an order had been issued for his 
 extradition. Mr. Morgan stated that on July 21 he received a note from 
 the minister for foreign affairs announcing that the governor of Nueva 
 Leon had telegraphed that he would hold Morrison subject to the orders of 
 the department of foreign affairs. This was before the legation had received 
 the pajters, which came on Jr.ly 211. 
 
 July, 8, 1885, Mr. Jackson, minister of the United States in Mexico, re- 
 ported making request in accordance with telegraphic instructions for the 
 arrest of one Hamilton, embezzler of public moneys, supposed to be at Paso 
 del Norte. He assured the Mexican Government that the i>apers, warrant, 
 and requisition would go forward immediately. July 7, Mr. Mariscal, min- 
 ister for foreign affairs, replied that he had sent the governor of Chihuahua 
 the following telegram : 
 
 " The United States minister asks the detention of James A. Hamilton, 
 who must be in Paso del Norte; he offers to furnish proofs which justify 
 extradition. 
 
 " Please order immediate imprisonment of Hamilton, consulting American 
 consul as to his identity." 
 
 Various requests of the minister of the United States, based on tele- 
 graphic instructions, are found for the provisional detention of fugitives, 
 pending the receipt of formal proofs. When such telegraphic instructions 
 afforded information sufficiently definite for the identification and arrest of 
 the accused, appropriate orders have generally been issued. 
 
 The regular course of procedure to obtain the extradition of a person in 
 Mexico under the treaty between that country and the United States is to 
 send a formal requisition, accompanied with the requisite evidences of 
 criminality, to the legation in Mexico for presentation to the foreign office. 
 If the. evidences be found, to be in due form and sufficient, the President 
 orders the extradition. Upon receipt of this order the local authority pro- 
 ceeds to arrest the fugitive and to hand him over to the agent of the United 
 States upon proof of the fugitive's identity. If the fugitive has already 
 been arrested and such prooi' has been made, he is at once banded over to 
 such agent. 
 
 Except in case of offences committed in frontier States and Territories, 
 as to which special provision is made in the treaty between the United 
 States and Mexico, the surrender of a fugitive in the latter country can 
 take place only upon the order of the President of the Republic. 
 
 Where certain fugitives, charged with forgery in the State of Missouri, 
 fled to Mexico, carrying with them a large part of the proceeds of their 
 crime, and wereVupon proper demand and proof, ordered to be surrendered, 
 it was also directed, upon the request of the United States, that "the 
 papers and other effects of the prisoners, which may serve for their convic- 
 tion of the crime of forgery of which they are accused," should be delivered
 
 EXTEADITION. 189 
 
 to the agent of the United States who was authorized to receive the pris- 
 oners. [Mr. Bragg, U. S. Minister, to Department of State, 19 February, 
 1889, MSS. despatches from Mexico ; case of Harrison and Samuels.] 
 
 NETHERLANDS. 
 
 January 5, 1889, Mr. Eoosevelt made the following report : 
 
 Sir : In compliance with your circular of November 26, 1888, no num- 
 ber, in reference to the extradition of criminals, I have the honor to enclose 
 (1) duplicate copies law of April G, 1875; (2) duplicate copies article 2d, 
 modifying conditions of extradition to suit penal code; (^) duplicate pro- 
 posals for treaties; (4) a report from the Netherlands Government cover- 
 ing the questions in the circular. 
 
 The latter is so full and explicit that I think it fully covers all that the 
 Government desires m the matter. 
 
 I am, etc., 
 
 R. B, Roosevelt. 
 
 [Inclosure 1 — Translation.] 
 Zato of April 6, 1875, on extradition. {Bulletin of Laics, JN'o. 66.) 
 
 Akt. 1. 
 
 Articles 16, 17, and 18 of the law of August 13, 1849 (Bulletin of Laws 
 No. .39), are repealed. 
 
 No new treaty concerning the extradition of foreigners can be concluded, 
 nor can the existing treaties on this subject be renewed, except in con- 
 formity with the provisions of the present law. 
 
 Art. 2. 
 
 Foreigners can be extradited only for the crimes and offenses hereinafter 
 enumerated committed outHide the Kingdom : 
 
 1. Attfiiipts against the life of the Sovcn'ign, or of tlie members of his 
 family, or of the liead of a republic; 
 
 2. Murder, assaHsination, parricide, infanticide, poisoning; 
 
 :{. Threats, puni.sliable according to the provisions of article 305 of the 
 penal code ; 
 
 4. Abortion ; 
 
 .'■). Intentional wounds or blows, which have occjisioned a disease or iu- 
 capacity fur iiersonal labor during more than twenty days, or which have 
 been delivi-red with nialifc iilon-lhoiiglit ; 
 
 0. Rape, or any other attempt against chastity, committed with violence ; 
 
 7. OtTonscH .igainst public morals, iiunisliable in accordance with thopro- 
 vif'ions of article 334 of the ]h mil ((mIi- ; 
 
 8. Bigamy; 
 
 9. Kidnapi>ing, concealineni, suppression of the birth of a child, the 
 substitution or changing of a child ;
 
 190 EXTRADITION. 
 
 10. Kidnapping of minors ; 
 
 11. The counterfeiting, falsifying, debasing, or clipping of coin, or inten- 
 tional participation in the issuing of counterfeited, falsified, debased, or 
 clipped coin ; 
 
 12. Counterfeiting or falsifying the seals of state, bank-notes, the public 
 funds, dies, stamps and marks, punishable according to the provisions of 
 articles 139-143 of the penal code ; counterfeiting or falsifying paper money 
 and postage-stamps; 
 
 13. Forgery, punishable according to the provisions of articles 145-148 
 and 150 and 151 of the penal code ; 
 
 14. False testimonj'^, subornation of i^erjury, false swearing ; 
 
 15. Bribery of public functionaries, punishable in accordance with the 
 provisions of articles 177-179, and 181-183, of the penal code, malversation, 
 fraudulent conversion, or embezzlement committed by public receivers or 
 depositaries ; 
 
 16. Intentional incendiarism, punishable in accordance with the provis- 
 ions of articles 434 and 435 of the penal code ; 
 
 17. Intentional dtstruction of real property, jjuuishable in accordance 
 with the provisions of article 437 of the penal code ; 
 
 18. Larceny of personal property, punishable in accordance with the pro- 
 visions of articles 440 and 442, of the penal code ; 
 
 19. The illegal and intentional loss, wrecking, destruction of, or injury 
 to shii)s or other vessels ; 
 
 20. Mutiny and rebellion of passengers on board of a vessel against the 
 captain, and of the crew against their superior officers; 
 
 21. The crime of intentionally endangering a train on a railroad ; 
 
 22. Eobbery ; 
 
 23. Swindling ; 
 
 24. Fraudulent use of a signature in blank ; 
 
 25. Emb^ezzlement or waste, to the injury of the owner, holder, or pos- 
 sessor of goods or valuables which have only been placed on deposit or 
 for hired work ; 
 
 26. Fraudulent bankruptcy. 
 
 Art. 3. 
 
 Extradition shall take place not only for the crime or offense when con- 
 summated, but also for the attempt, or the act of complicity, when either 
 is punishable under the provisions of the penal laws of the Netherlands. 
 
 Art. 4. 
 
 Extradition shall not be granted as long as the foreigner is undergoing 
 prosecution in the Netherlands for the crime or offence committed outside 
 of the Kingdom, nor if lie has been tried in the Kingdom for the said crime 
 or offense, and has been condemned, discharged, or acquitted. 
 
 Art. 5. 
 
 Extradition shall not be granted when the prosecution or punishment of 
 the crime or offence is barred by prescription under the laws of the Nether- 
 lands, before the arrest of the foreigner in the Kingdom, or, if the arrest
 
 EXTEADITION. 191 
 
 has not teen made, before he has been summoned before the tribunal to be 
 examined. 
 
 Art. 6. 
 
 If the foreigner is underjroing prosecution in the Netberlands for an 
 oflfence other than that which has given rise to the request for extradition, 
 this request shall not be granted until after the close of the trial, and, in 
 case of condemnation, until after he has undergone his sentence, or been 
 pardoned. ' 
 
 Nevertheless, the foreigner may be provisionally extradited, to be tried 
 in the foreign state, on condition that he shall be returned to the Nether- 
 lands after the close of the proceeding. 
 
 Art. 7. 
 
 Extradition shall be granted only on condition that the extradited person 
 shall not be prosecuted or punished for any crime or offense whatever, com- 
 mitted before his extradition, which is not specified in the treaty, unless 
 he has had, for one month after his extradition, opportunity again to leave 
 the country. 
 
 Art. 8. ^ 
 
 Extradition shall be requested through the diplomatic channel. 
 
 It shall be granted only in accordance with the judgment of the court of 
 the arrondissement, in which the person whose extradition is requested has 
 been arrested or shall bo found. 
 
 In giving judgment the court shall decide which of the articles seized 
 may be restored to the person whose extradition is requested and wliich 
 are to be surrendered as evidence for conviction. 
 
 Art. 9. 
 
 Whilst awaiting tin; request through the diplomatic chaiinid the for- 
 eigner whose extradition may be requested may be provisionally arrested 
 in virtue of an order of an oCQcer of justice or of one of his deputies upon 
 the request of the foreign authority designated by the treaty as competent 
 to issue a provisional warrant of arrest. 
 
 Articles in the possession of the foreigner may be seized. 
 
 If the provisional arrest has been made in virtue of an ohUt fr<ini a 
 deputy oflicer of justice the prisnMi r sIimIMh- !iiiiiiiili:ili'l\ lnoii'jlii tirCnro 
 the oDicer of justice. 
 
 Akt. 10. 
 
 After having heard tiie prisoner the oflicer may issue n pntviHional war- 
 rant of arrest in his case, which shall bo notified to the prisomr williiii 
 forty-eight hf)iirs. 
 
 Tlie oflicer of justice shall order the- immediate discharge of the prisoner, 
 unless he is to bohtdd<in another gmuiid, and the restitution of the articles 
 seized, iinlesH there is anothergroiiml for retaining them, if the rei|iu>Nt for 
 extradition is not addressed to him, together witli the necessary dociimentH, 
 within the jieriod Gxed by the treaty, which can not exceed— 
 
 (1) Twenty days, counting from the date of the provisional warrant of ar-
 
 192 EXTRADITION. 
 
 rest, if the arrest has been requested on bebalf of an European govern- 
 ment; 
 
 (2) Three months, counting from the same date, if the request has been 
 made on behalf of a government outside of Euroxje. 
 
 When the request for extradition has been made within this period, pro- 
 ceedings shall be had in conformity with the provisions of articles 13-18. 
 
 Art. 11. 
 
 The request for extradition from the foreign government shall be accom- 
 panied by the original, or by an authenticated copy of a sentence of con- 
 demnation, or of a bill of indictment or of an order of commitment, to- 
 gether with the warrant of arrest, or of any other document of the same 
 character in use in the foreign state and specified in the treaty. 
 
 Art. 12. 
 
 Foreigners whose extradition is requested in virtue of a treaty, and whose 
 arrest has not yet been effected, shall be arrested. The warrant of arrest 
 is to be notified to them within forty-eight hours. 
 
 The articles found in their possession may be seized. 
 
 The officer of justice of the court of the arrondissement where the arrest 
 has taken place shall be informed of the arrest within twenty-four hours. 
 
 Art. 13. 
 
 Within three days after the arrest and, if the latter has not been made, 
 or if it has been made before the request for extradition, within three days 
 after having received the order for it, the officer of justice shall cause the 
 individual whose extradition is requested to be examined by the court, and 
 shall ask the latter to give its opinion on the admissibility of the request 
 for extradition. 
 
 Art. 14. 
 
 The person whose extradition is requested shall be examined in open 
 court, unless he shall request a secret session, or unless a secret session shall 
 be ordered by the court, during the whole or part of the hearing, for grave 
 reasons, which shall be noted on the records. 
 
 The examination shall take place in presence of the public prosecutor. 
 
 The person whose extradition is requested may be assisted by counsel. 
 Any person possessing the qualifications necessary to defend an accused 
 person before the criminal or correctional court shall be admitted as 
 counsel. 
 
 Art. 15. 
 
 Within fifteen days after the examination, the court shall transmit its 
 opinion, and the judgment spoken of in art. 8, together with the papers in 
 the case, to our minister of justice. 
 
 Art. 16. 
 
 Every person who, having been arrested or his extradition having been 
 demanded, lays claim to the possession of the quality of Dutch nationality,
 
 EXTRADITION. 193 
 
 and who alleges that the present law is consequently not applicable to him, 
 may claim this quality by petition addressed to the high court within the 
 fifteen days foUowmg his examination. 
 
 The ofiicer of justice shall inform him of this right, as soon as possible 
 after his arrest, and it shall be recalled to him at the time of his examina- 
 tion. He shall, moreover, be informed that he has the right to consult 
 counsel on this point. 
 
 The clerk of the high court shall immediately inform our minister of 
 justice of the filing of the petition. 
 
 Art. 17. 
 
 The high court shall decide after having heard the attorney-general. If 
 the high court decides that the petitioner is a Netherlander, it shall at the 
 same time decree his immediate discharge, if he has been arrested, unless 
 he is to be kept under arrest for ituother leasou. 
 
 The attorney-general of the high court shall immediately inform our 
 minister of justice of the judgment of the court. 
 
 If the court decides that the petitioner is a Netherlander tho articles 
 seized shall be restored to him, unless they are to be retained on another 
 ground, and the proceedings before the lower court, if they have been com- 
 menced without being concluded, shall be discontinued. 
 
 AuT. 18. 
 
 If, within the period fixed by article 16, the decision of the high court 
 has not been sought, or if it has been decided by the court that the per- 
 son whose extradition is requested is not a Netberlander, tho extradition 
 shall be granted or refused by our minister of justice, after having re- 
 ceived tlie ojiinion of the (lower) court. 
 
 If the extradition is refused, the person whose extradition is requested 
 shall be imnicfliately discharged, if lie has been arrested, unless he is to be 
 kept under arrest for another reason, and the articles seized shall be re- 
 stored to him, unless there is another ground for retaining them. 
 
 Art. id. 
 
 If the person whose extradition is requested has not been arrested, and 
 if, being duly cited, he has not ai)pcar(id before the (lowc^r) court for ex- 
 amination, thi! periods specified in articles V} and Ki sliall begin to run 
 from the day fixed by the (lower) court for tho examination. 
 
 Art. 20. 
 
 The Governiiifiif may anlhoii/.e Hit- Iraiisit through llie ((•rritf)ry of tlie 
 Nothoriands of a f(n(rigncr whose extradition luis been granted l>y a for- 
 eign government to another government liaving a treaty of extradition 
 with the Netherlands, including the oflbnco lor which extradition has been 
 gray ed to tlio latter state, jirovided that the transit takes placu-, so far as 
 t-'^e escort is eoncerned, willi tlie co-oporation of the odicials of tho Nefh- 
 i < .u ids. 
 
 S. Ex. 5r> — 1;{
 
 194 EXTRADITION. 
 
 Art. 21. 
 
 The Government may order that the foreigner who is provisionally de- 
 tained, or ^Yho is serving his sentence in the Netherlands, shall be temiio- 
 rarily delivered to a foreign state to appear in court or to be heard as a wit- 
 ness in a criminal case. 
 
 If the foreigner is serving his sentence iu the Netherlands, the continu- 
 ance of the said sentence shall not be interrupted by this being done. 
 
 Art. 22. 
 
 The present law regards as a Netherlander any one who is held to be such 
 hy the provisions of the civil code. 
 
 Persons assimilated to Netherlanders in accordance with the terms of 
 article 8 of this code shall be considered as foreigners so far as the appli- 
 cation of the present law is concerned. 
 
 Art. 23. 
 
 All papers and documents drawn up in virtue of the present law shall be 
 exempt from stamping and registration, and shall be furnished without 
 charge. 
 
 v Art. 24. 
 
 The present law does not apply to the arrest of deserting seamen, to their 
 return to their vessels, and to the measures to be taken to put them in 
 charge of the consuls of their nation. 
 
 [Inclosnrp 2. — Translation.] 
 
 Article 2 of the law of April 6, 1875 (BuUctin of Laws, Xo. GO), refjulathig the 
 general terms on lohich extradHion treaties may he concluded iv'ith foreign pow- 
 ers, as said article has been modified in order to harmonize it tvifh the new penal 
 code. 
 Foreigners can only be extradited for the acts hereinafter enumerated, 
 
 committed outside the Kingdom : 
 
 1. (fl) Attempt against the life or liberty of the king, the reigning queen, 
 the regent, or other head of a friendly state, or undertaken with the de- 
 sign of rendering them incapable of reigning; (&) attempt against the 
 life or liberty of the queen not reigning, of the heir apparent of the 
 throne, or of a member of the sovereign family. 
 
 2. Murder or assassination, murder or assassination committed on a 
 child. 
 
 3. Threats punishable according to paragraph 2 of article 285 of the penal 
 code. 
 
 4. Abortion procured by the woman with child or by others. 
 
 5. Ill-treatment causing serious bodily injury or death, ill-treatment 
 committed with premeditation, or serious ill-treatment. 
 
 6. Rape, or one of the offences against morals, punishable according to 
 articles 243-247, inclusive, of the penal code.
 
 EXTRADITION'. 195 
 
 7. Incitement of minors to debauch, and every act having for its object 
 the favoring of connptiou of minors, punishable according to article UbO 
 of the penal code. 
 
 8. Bigamy. 
 
 9. xVbduction, concealment, suppression, substitution, or changing of a 
 child. 
 
 10. Abduction of minors. 
 
 11. Counterfeiting or altering of coins or paper money, undertaken with 
 the design expressed in article 208 of the penal code, or the putting in cir- 
 culation of coins or paper moue.^, when done intentionally. 
 
 12. Counterfeiting or falsifying stam^js and marks, 2>nuishablo accord- 
 ing to articles 216 and 217 of the penal code. 
 
 13. Forgery, punishable according to articles ^22'^ to 227, inclusive, of the 
 penal code, as well as the keeping or the introduction from abroad of notes 
 of a bank of circulation established by virtue of legal ordinances, witli the 
 intention of putting them in circulation as being neither false nor falsified, 
 •when the author knew at the moment when ho received them that they 
 were false or falsified. 
 
 14. False oath. 
 
 15. Corrniiticm of public officials, i»unishable according to articles 178, 
 363, and 364 of the penal code ; extortion, cnibc/.zlfiiu'ut committed by 
 officials or by those who are considered such. 
 
 16. Arson, in the cases foreseen in articles 157 an-i 32b of the penal code. 
 
 17. Illegal destruction of a building, committed intentionally, punishable 
 according to article 352 of the penal code, or of a building, or of a struct- 
 ure in the cases foreseen in article 170 of the said code. 
 
 13. Acts of violence committed in public, with united foncs, ag.iinst per- 
 sons or jtroperty in the cases foreseen in article 141 of the penal code. 
 
 19. The illegal act, committed intentionally, of sinking, wrecking, de- 
 stroying, rendering unfit for use, or injuring a vessel, in the cases foreseen 
 in article 16H of the penal code. 
 
 20. Revolt and insubordination of the passengers ou board of a vessel 
 against the captain, and of the crew against their suiK-riors. 
 
 21. The act, committed intentionally, of endangering a train on a rail- 
 road. 
 
 22. Tlieft. 
 
 23. Swindling. 
 
 24. Abuse of a blank signature. 
 
 25. Kmbezzlement. 
 
 26. Fraudulent bankruptcy. 
 
 Jrliclea of the new penal code relating to the law of April C, 1875 {Bulletin of 
 
 Lttwa, No, ()6). 
 
 45, The attempt to commit an oll'eneo is punisliablo if (lie intention of 
 the jintiior \m\h been shown by a beginnini; (»f peiformanci', and if the j>er- 
 formanre has only remained nnfinlHlifd in connciinenee of cirennistaiices in- 
 dependent of his will. 
 
 Tlif niiixiiniim of the |>rin(i|i;il penalties attached to an ipIkiicm mIwiII bo 
 dimini^.lIed l)y onr-tliird for the attcmiit.
 
 196 EXTRADITION 
 
 47. Shall be punishetl as authors of punishable acts — 
 
 (1) Those who commit the act, who have it committed, or who assist in 
 •committing it; 
 
 (2) Tliose who, by gifts, promises, abuse of authority, violence, threats, 
 or deceit, designedly provoke the act. 
 
 With regard to the latter, account is taken only of the acts which they 
 have designedly provoked, as welLas of the consequences of said acts. 
 
 48. Shall be punished as accomplices in an offence — 
 
 (1) Tliose who intentionally lend their aid to commit the offeuce ; 
 ('2) Those who intentionally procure the opportunity, the means, or the 
 information for committing the offence. 
 
 49. For accomplices the maximum of the principal penalties shall bedi- 
 miuLshed by a third. 
 
 In fixing the penalty, account shall be taken only of the acts which the 
 accomplice has facilitated or favored intentionally, as well as of the conse- 
 quences of said acts. 
 
 81. The act of putting a person into a swoon- or into a state of uucon- 
 Bciousness is regarded as violence. 
 
 84. All persons elected in the elections ordered by virtue of a provision 
 of the law are considered officials. 
 
 Uuipires are included in the terms " functionaries and judges ;" those 
 who exercise administrative jnrisdiction, in the term "judges." 
 
 All who belong to the armed force are also considered officials. 
 
 92. The attempt against the life or the liberty of the King, of the reigning 
 Queen, or of the regent, or undertaken with the design of rendering them 
 incapable of reigning, shall be punished with imprisonment for life, or for 
 a period of not more tbiin twenty years. 
 
 108. The attemj)t against the life or liberty of the queen not reigning, of 
 the heir apparent of the throne, or of a member of the sovereign family 
 shall be punished with imprisonment for not more than fifteen years. If 
 the attempt against the life has occasioned death, or has been undertaken 
 with premeditation, the punishment shall be imprisonment for life or for a 
 period of not more that twenty years. 
 
 115. The attempt against the life or liberty of a reigning prince, or of 
 another head of a friendly state, shall be punished with imprisonment for 
 not more than fifteen yeArs. 
 
 If the attempt against the life has caused death, or has been undertaken 
 with premeditation, the punishment shall be imprisonment for life or for a 
 period of not more than twenty years. 
 
 141. Those who, in public, with united forces, commit acts of violence 
 against persons or property, shall be punished with imprisonment for not 
 more than four years and six months. 
 
 The criminal shall be punished : 
 
 (1) With imiuisonment for not more than six years, if he destroys prop- 
 erty intentionally, or if the violence committed by him has caused any 
 bodily injury; 
 
 (2) With imprisonment for not more than nine years, if said violence 
 has occasioned any serious bodily injury; 
 
 (3) With imprisonment for not more than twelve years, if said violence 
 has occasioned death. 
 
 Article 81 is not applicable to the cases foreseen by this article.
 
 EXTRADITIOX. 197 
 
 V)7. Whoever intentioually sets fire to anythiug, or causes an explosion 
 or an inundation, shall be punished : 
 
 (1) With imprisonment for not more than twelve years, if a common 
 danger for property may result from it. 
 
 (2) With imprisonment for not more than fifteen years, if danger of death 
 to others may result from it. 
 
 (3) With imprisonment for life, or for a period of not more than twenty 
 years, if danger of death to others may result from it, and if the act has 
 caused the death of any one. 
 
 164. Whoever intentionally creates a danger to steam communication on 
 a railroad shall be punished with imprisonment for not more than fifteen 
 years. 
 
 If tbe act has occasioned the death of any one, the criminal shall be pun- 
 ished with imprisonment for life, or for a period of not more than twenty 
 years. 
 
 168. Whoever intentionally and illegally sinks or wrecks a vessel, de- 
 stroys it, renders it unfit for use, or injures it, shall bo punished: 
 
 (1) With imprisonment for not more than fifteen years, if a danger to 
 others may result from it. 
 
 (2) With imprisonment for life, or for a period of not more than twenty 
 years, if a danger to others may result from it, and if tho action has occa- 
 sioned the death of any one. 
 
 170. Whoever intentionally destroys or injures any building or strncture, 
 shall be punished : 
 
 (1) With imprisonment for not more than twelve years, if a common 
 danger to property may result from it; 
 
 (2) With imprisonment for not more than fifteen years, if a danger of 
 death to others may result from it; 
 
 (3) With imprisonment for life, or for a period of not more than twenty 
 years, if a danger of death to others may result from it, and if the act has 
 occasioned tlx- death of any one. 
 
 17b. Whoever makes a present or a promise to a judge, with a view to in- 
 fluencing the decision of a cause submitted to the jiulgmeut of the latter, 
 siiall bo punished with imprisonment for not more than six years. 
 
 If said gift or promist; is made with a view to obtainii.g a condenniation 
 in a penal cause, tho criminal shall be punished with imprisonment for not 
 more than nine years.* 
 
 Dejuivation of tho rights mentioned in article 2H, Noh. 1 10 4," may bo 
 ]>ron(iunceii. 
 
 •AuT. 28. The rights of which tlie criminal may bo deprived by judicial 
 decision in the cases fixed by law are: 
 
 (1) 'I'lir ri;.dit to b<( appointed to jtublic tiinction^, or In ciTlain iletir- 
 niined ])ul)lic timet ions. 
 
 (2) 'Hie right of serving in tho armed force. 
 
 (:{) The right of electing or of being elected in tlu! elections ordered by 
 
 virtue of a li-gal ordinance. 
 
 (4) The right tobe a jndii'ial coiumel or administrator; that of beluga 
 guardian, or a substituted guardian, trustee, or substituted (rustee of other 
 children than his own. 
 
 (.".) Fut.riial .iiilliority. tli<- guardianship aii<l trusteeship <>f his own 
 children.
 
 198 EXTRADITION. 
 
 "207, Whoever, in cases iu which a provision of the law requires a declara- 
 tion affirmed under oath, or attaches to said declaration certain legal con- 
 sequences, intentionally makes a false declaration under oath, verbally or 
 in -writing, iu person or by a special proxy, shall be" punished with impris- 
 onment for not more than six years. 
 
 If the false oath has been made in a penal matter to the prejudice of the 
 person accused or suspected the criminal shall be punished with imprison- 
 ment for not more than nine years. 
 
 The promise or affirmation which, by virtue of the law, is substituted for 
 the oath, is regarded as an oath. 
 
 The deprivation of the rights enumerated in article 28, Nos. 1-4, may be 
 pronounced. 
 
 208. Whoever counterfeits or alters coins or paper money, with the in- 
 tention of uttering or causing to be uttered said coins or paper money as 
 not counterfeited and not altered, shall be punished as guilty of counter- 
 feiting, with imprisonment for not more than nine years. 
 
 209. Whoever intentionally utters, as being neither counterfeited nor 
 altered, coins or paper money, knowing at the moment wheu he received 
 them that they were counterfeited or altered, or who retains them or in- 
 troduces them into the kingdom in Europe with the intention of uttering 
 them or causing them to be uttered as being neither covinterfeited nor al- 
 tered, shall be punished witli imprisonment for not more than nine years. 
 
 212. If one of the oiTences mentioned in articles 208-211 is committed with 
 regard to foreign coins or foreign paper money, the maximum of the pun- 
 ishment of imprisonment shall be diminished by two years. 
 
 213. Whoever intentionally, after learning the counterfeiting or altera- 
 tion, again puts in circulation counterfeited or altered coins, or counter- 
 feited or altered paper money, shall be punished with imprisonment for not 
 more than three mouths, or with a fine of not more than three hundred 
 florins. 
 
 216. Shall be punished with imprisonment for not more than six years: 
 
 (1) Whoever counterfeits or falsifies stamps emitted by the state, with 
 the intention of using them or of causing them to be use^l by other per- 
 sons as being neither false nor falsified ; 
 
 (2) Whoever, with the same intention, manufactures any of said stamps 
 by illegally using genuine punches. 
 
 217. Shall be punished with imprisonment for nt)t more than five years : 
 
 (1) Whoever affixes false marks for the state, or false workman's marks 
 required by law, to articles of workmanship of gold or silver, or falsifies 
 genuine ones, with the intention of using said articles of workmanship, or 
 of causing them to be used by others, as if the marks affixed to said articles 
 were neither false nor falsified ; 
 
 (2) Whoever, with the same intention, affixes marks to the articles in 
 question by illegally using genuine punches; 
 
 (3) Whoever affixes, fixes, or applies the genuine marks of the state or 
 the genuine workman's marks required by law on gold or .silver articles of 
 workmanship other than those on which they were originally placed, with 
 the intention of using said articles, or of causing them to be used by other 
 persons, as if said marks had been placed on them originally. 
 
 225. Whoever manufactures falsely or falsides a writing from which any
 
 EXTRADITION. 199 
 
 right, any obligation, or the extinction of a debt may result, or wkich is 
 intended to serve as proof, with the intention of using it or of causing it to 
 be used by others, shall be, if any damage may result from such use, pun- 
 ished as guilty of forgery, with imprisonment for not more than five years. 
 Shall be i^unished with the same punishment whoever intentionally 
 makes use of the writing manufactured falsely or falsified as if it was geu- 
 niue and not falsified, if auy damage may result from such use. 
 
 226. The person guilty of forgery shall be punished with imprisonment 
 for not more than seven years, if the forgery has been committed : 
 
 (1) In authentic documents ; 
 
 (2) In bonds or certificates of the debt of a state, of a i)rovince, of a com- 
 mune, or of a public establishment ; 
 
 (:J) In shares, or obligations, or certificates of shares, or obligations of 
 any association, foundation, or society; 
 
 (4) In schedules, records of dividends or of income, belonging to the docu- 
 ments mentioned in the two preceding numbers or in the instruments issued 
 in place of said documents. 
 
 (5) In ci-edit or business paper intended for circulation : 
 
 Shall be punished with the same punishment whoever intentionally makes 
 use of one of the false or falsified writings mentioned in the first paragraph, 
 as if it was genuine, and not falsified, if any damage may result from such 
 use. 
 
 227. Whoever causes to be inserted in an authentic document a false dec- 
 laration concerning a fact the truth of which the document is to prove, 
 with the intent to make use of said document or to cause it to be used by 
 other persons, as if the declaration was in conformity with truth, shall be, 
 if any damage may result from such use, punished with imprisonment for 
 not more than six years. 
 
 Shall be punished with the same punishment whoever intentionally makes 
 use of the document, as if the contents were in conformity with the truth, 
 if aui' damage may result, from such use. 
 
 232. Whoever retains or introduces into the kingdom in Europe notes of 
 a Netherlan.ls circulating bank founded by virtue of legal provisions, know- 
 ing at the moment wheu he received them that they were false or falsified, 
 with the intent to put them or to have them put in circulation as being 
 neither false nor falsified, shall be punished with imprisouiuLnit for not uioro 
 than seven years. 
 
 2156. Whoev(^r, by any act, intentionally renders uncertain the origin of 
 another person shall be punished, as guilty of sui)pro88ioa of birth, with 
 imi>riHoiiment for not mf)re than five yfjirs. 
 
 Deprivation of the rights sim'iKh.I in juililf 'J~', No. 1-1, may 1m> ](r<)- 
 nounced. 
 
 237. Shall bo ]>unished with imijrisonment for not more than four years: 
 
 (t) Whoever intentionally contractH a doubI<« marriage. 
 
 (2) Who«-ver contracts a marriage knowing that by this marriage the 
 other party contracts a double marriage. 
 
 Whoever, when contracting a donlilo marriage, has kept secret from the 
 other party the fact that he was alr(;ady married shall bo punished with 
 imprisonment for not more than six years.
 
 200 EXTRADITION. 
 
 Deprivation of the rights enumerated in article 28, Nos. 1-5, may be pro- 
 nounced. 
 
 242. Whoever by violence, or by threats of violence, forces a woman to 
 have, out of wedlock, carual intercourse with him shall be punished as 
 guilty of rape, with imprisonmeut for not more than twelve years. 
 
 243. Whoever, out of wedlock, has carual intercourse with a womau, 
 knowing that she is in a swooa or unconscious, shall be putjished with im- 
 prisonment for not more than eight years. 
 
 244. Whoever has carnal intercourse with a girl under the age of twelve 
 years shall be punished with imprisonment for not more than twelve 
 years. 
 
 245. Whoever, out of wedlock, has carnal intercourse with a woutan who 
 has attained the age of twelve j'ears, but not yet that of sixteen years, shall 
 be punished with imprisonment for not more than eight years. ' 
 
 Except in the cases foreseen in article 248, there is no prosecution except on 
 complaint. 
 
 24(3. Whoever by violence, or threats of violence, forces a person to commit 
 or to undergo acts of immorality shall be punished, as guilty of attempt 
 against modesty, with imprisonment for not more than eight years. 
 
 247. Whoever commits acts of immorality with a person, knowing that 
 she is in a swoon or unconscious, or with a person below the age of sixteen 
 years, or incites the latter to commit or to undergo acts of that character, 
 or to have, out of wedlock, carnal intercourse with a third person, shall be 
 punished with imprisonment for not more than six years. 
 
 248. If one of the offences specified in articles 243 and 245-247 has occa- 
 casioned serious bodily injuries, au imprisonment of not more than twelve 
 years shall be inflicted. 
 
 If one of the oft'ences specified in articles 242-247 has occasioned death, 
 an imprisonment of not more than fifteen years shall be inflicted. 
 250. Shall be punished as a procurer : 
 
 (1) With imprisonment for not more than four years, the father, the 
 mother, the guardian or the substituted guardian, who intentionally in- 
 cites or favors the debauch of his minor child, or of the minor placed under 
 his guardianship or substituted guardianship, with a third person. 
 
 (2) With imprisonment for not more than three years, any other person 
 who, for the sake of gain, intentionally incites or favors the debauch of a 
 minor witha third person, orwho makes a busiuess of iuteutioually inciting 
 or favoring the debauch of a minor with a third person. 
 
 279. Whoever intentionally withdraws a minor from the authority to 
 which he is legally subjected, or from the care of oue who exercises it by 
 right, shall be punished with imprisonment for not more than six years. 
 
 An imprisonment of not more than nine years shall be inflicted if any de- 
 ceit, violence, or threats have been employed, or if the minor is under the 
 age of twelve years. 
 
 280. Whoever intentionally hides, or withdraws from the researches of 
 the agents of justice or police, a minor Avho has been withdrawn or who 
 has withdrawn himself from the authority to which he is legally subjected, 
 or from the care of one who exercises it by right, shall be punished with 
 imprisonment for not more than three years, or if the minor is under the 
 age of twelve years, with imprisonmeut for not more than six years.
 
 EXTRADITION. 201 
 
 281. Shall be punished as guilty of abduction : 
 
 (1) With imprisonment for not more than six years whoever carries off 
 a minor woman against the will of her parents or guardians, but with her 
 own consent, with the intent to secnre possession of her either by marriage 
 or out of marriage. 
 
 There is no prosecution except on complaint. 
 
 (2) With imprisonment for not more than niue years, wh*^ - cr carries oft' 
 a woman by deceit, violence, or threats with the inter : ;a to secure pos- 
 session of her either by marriage or out of marriage. 
 
 Complaint may be brought : (a) If the woman is a minor at the time 
 of the abduction, either by herself, or by one of the persons whose consent 
 she ought to have in order to be able to contract marriage; (6) if she is 
 of age at the time of the abduction, either by herself or b.y her husband. 
 
 If the abductor has married the person carried off, no condemnafion can 
 be pronounced before the nullity of the marriage has been pronounced. 
 
 285. The threat of public violence, with united forces, against persons or 
 property, of an offence endangering the general safety of persons or prop- 
 erty, of rape, of attempts against modesty, of an offence against life, of se- 
 rious ill treatment, or of arson, shall be punished with imprisonment for 
 not more than two years. 
 
 If such threat is made in Avriting and under a fixed condition, it shall 
 be punished with imprisonment for not more than four years. 
 
 287. Whoever intentionally takes the life of another sliall be punished, 
 as guilty of murder, with imprisonment for not more than fifteen years. 
 
 289. Whoever intentionally and with premeditation takes the life of 
 another shall b(! punished, as guilty of assassination, with imprisonment 
 for life, or for a i>priod of not more than twenty years. 
 
 290. A mother who, under the effects of the fear that lier confinement 
 will be discovered, intentionally takes the life of her child, at the time of 
 birth or soon afterwards, shall be punished as guilty of iufanticide, with 
 imjtrisonment for uot nioro than six years. 
 
 291. ^ mother who to execute a resolution, made under the effects of the 
 fear that her approaching coniinemont will bo discovered, intentionally 
 takes the life of her child at the moumntof birth, or soon .ifterwanls, .shall 
 be punisiied, as guilty of assassiuatiou coiumilted ou a cliiM, willi iiii]>ris- 
 onmont for not more than nino years. 
 
 29.'). A woman who iuU'Mtiouiilly pKx.-urcs, or causi-s t(t b(^ i)roc,un'd by 
 another, the miscarriage or death of Iwr fruit sliali l»i< puuiHlied wiili im- 
 jirisonmcnt f(»r not more than thno yciars, 
 
 290. Whoever intentionally ]»rocures the miscarriage <ir the death of the 
 fruit of a woman without her consent shall be j)unishcd with imprisonment 
 for not more than twelve years. 
 
 If the act has caused the woman's death the criminal shall lii> punished 
 with imprisonment for not more than fiftf-iMi years. 
 
 297. Whoevtr intentionally jirocures tlie nii^carri.ige or ilif death of tho 
 fruit of a woman with her consent HJinil bo punishetl with imprisonment 
 for not more than four years and Mix months. 
 
 298. If a i)hysician, a midwife, or a dniggiHt renilers liiniHelfiin accom- 
 plice in the offence specified in article 29.'> or renders liiniself guilty ur an 
 accomplice of one of tho offences specified in articles 29(» and 297, the punish-
 
 202 EXTRADITION. 
 
 ments fixed by said articles may be increased by a third, and the criminal 
 may be deprived of the right to practice the profession in which he has 
 committed tho offence. 
 
 300. Ill usage shall be punished with imprisonment for not more than 
 two years, or with a fine of not more than three hundred florins. 
 
 If the act has occasioned a serious bodily injury, the criminal shall be 
 punished with imprisonment for not more than four years. 
 
 If the act has occasioned death the criminal shall be punished with im- 
 prisonment for not more than six years. 
 
 The act of intentionally iujuring health is regarded as ill usage. 
 
 The attempt to commit this offence is not punishable. 
 
 301. Ill usage committed with premeditation shall be punished with im- 
 , prisonment for not more than three years. 
 
 If the act has caused serious bodily injury the criminal shall be punished 
 with imprisonment for not more than six years. 
 
 If tho act has caused death the criminal shall be punished with imprison- 
 ment for not more than nine years. 
 
 302. Whoever intentionally inflicts on another a serious bodily injury 
 shall be punished as guilty of serious ill usage with imprisonment for not 
 more than eight years. 
 
 If the act has caused death the criminal shall be punished with imprison- 
 ment for not mope than ten years. 
 
 303. Serious ill usage committed with premeditation shall be punished 
 with imprisonment for not more than twelve years. 
 
 If the act has caused death the criminal shall be punished with impris- 
 onment for not more than fifteen years. 
 
 310. Whoever abstracts a thing which belongs entirely or in part to an- 
 other, with the intent to ai>propriate it illegally to himself, shall be pun- 
 ished as guilty of theft, with imprisonment for not more than four years, or 
 with a fine of not more than sixty florins. 
 
 311. Shall be punished with imprisonment for not more than six years: 
 
 (1) The stealing of cattle in the fields ; 
 
 (2) Theft committed on the occasion of a fire, an explosion, an inundation, 
 a wreck, a running aground, a railroad accident, a rebellion, a riot or war 
 troubles ; 
 
 (3) Theft committed during the time allotted to night repose in a habi- 
 tation, or in an enclosure containing a habitation, by any one who is there 
 without the knowledge or against the will of the person who has the right 
 to be there ; 
 
 (4) Theft committed by two or more persons united ; 
 
 (.5) The criminal who, in order to commit the theft, has obtained ac- 
 cess to tho place where the offence is committed, or has obtained posses- 
 sion of the thing to be abstracted by means of effraction, of breaking open, 
 or of escalade, of false keys, of a false order, or of a false dress. 
 
 If the theft mentioned in No. 3 is accompanied by one of the circum- 
 stances cited in Nos. 4 and 5 an imprisonment of not more than nine years 
 shall bo inflicted. 
 
 312. Shall be punished with imprisonment for not more than nine years 
 a theft preceded, accompanied, or followed by violence or threats of vio- 
 lence against persons, made with the intent to i^repare or facilitate tho
 
 EXTRADITIOX. 203 
 
 tbefr, or, in the event of being caught in th*e act, either to render flight 
 possible or to secure to himself oi* his accomplices in the oifeace the pos- 
 session of the thing stolen. 
 An imprisonment of twelve years shall be inflicted : 
 
 (1) If the act has been committed either during the time allotted tonight 
 repose in a dwelling, or in an enclosure containing a dwelling, or on the 
 public way, or in a railway train while it is in motion ; 
 
 (2) If the act has been committed by two or more persons united ; 
 
 (3) If the criminal has obtained access to the place where the oflenee is 
 committed by means of effraction or escalade, false keys, a forged order, or 
 a false dress ; 
 
 (4) If the act has occasioned a serious bodily injury. 
 
 Au imprisonment of not more than fifteen years shall be inflicted if the 
 act has occasioned death. 
 
 316. If the author or accomplice of one of the offences specified in this 
 section is inseparably united in person or property with the person to whose 
 prejudice the otTence has been committed, there is no prosecution against 
 the a^ithor nor the accomplice. 
 
 If he is his separable associate in person or property, or his relative or 
 kinsman, either by direct descent or to the second degree in the' collateral 
 line, there is no prosecution against him, except on the complaint of the 
 person to whose prejudice the offence has been conimitted. 
 
 :321. Whoever illegally appropriates an article belonging wholly or partly 
 to another, or of which he is the holder otherwise than in cousequeuee of 
 an offence, shall be punished as gniltj"^ of embezzlement, with imprison- 
 ment for not more than three years or with a fine of not more than sixty 
 florins. 
 
 322. Embezzlement committed by a person who is the holder of the 
 thing through his personal service, or his profession, or for a salary iu 
 money, shall be punished with imprisonment for not more than four years. 
 
 323. Embezzlement committed by a person to whom the thiug has been 
 entrusted as a necessary deposit, by either guardians, trustees, ailministra- 
 tors, testamentary executors or directors of benelicent institutions or of 
 establishments, with regard to a thing which they hold in such capacity, 
 shall be punished with imprisoument for not more than five years. 
 
 324. The provisions of article 3IG apply to the oft'ouces specified in this 
 section. 
 
 326. Shall be punished as guilty of Hwin<lling, with imprisonment for not 
 more than three years, whoever, with theintentto procure an illegal jirofit 
 for liinmelf or for a third persfni shall have induced any one to surrender 
 a thing, or to contraet an obligation, or to extinguish a debt, either by 
 taking, a false name or a false character, or Ijy fraudulent intrigues, or 
 by a combination of falsehoods. 
 
 328. Shall be jjunislied with imprisi.iiineiit for not more than four years 
 whoever, with the intent to jirocure an illegal [irolit for himself, or for a 
 third person, to the prejudice of the insurer or of the legal lioldi-r of a re- 
 corded contract, sets lire to or c-anses jin exploMion in ;i. thing insured 
 against fire, or sinks or strands, «leHtroys, renderw until for use. or injures nn 
 insured vessel, or one the cargo or froiglit of which is insured, or ou 
 which a recorded loan has lieen effected.
 
 204 EXTRADITION. 
 
 341. The merchaat who has been declared bankrupt or admitted to the 
 judicial assigumeut of property shall be punished as guilty of fraudulent 
 bankruptcy by an iiuprisonnieut of six years at most, if, in fraud or to the 
 injury of the rights of his creditors : 
 
 (1) He has invented or does invent charges against the estate, or has 
 failed to represent or does not represent some of the assets, or has embez- 
 zled or does embezzle something belonging to the estate ; 
 
 (2) He has conveyed anything away either gratuitously or for a consid- 
 eration clearly below its value ; 
 
 (0) He has given or does give, at the time of his failure, or at a time when 
 he knew the failure was inevitable, any advantage whatsoever to one of the 
 creditors ; 
 
 (4) He has not complied with or does not comply with the obligation 
 imposed on him of retaining, preserving, and producing books and papers. 
 
 343. The manager or agent of a joint stock company or co-operative as- 
 sociation shall be punished with an imprisonment of six years at most, if, 
 in fraud, or to the injury of the rights of the creditors of the company or 
 association : 
 
 (1) Hejias invented or does invent charges against the same; he has 
 failed to representor does uot represent ^assets, or he has embezzled or does 
 embezzle any part of the property ; 
 
 (2) He has conveyed anything away, either gratuitously or for a consid- 
 eratiou, evidently below its value; 
 
 (3) He has given, or does give, at the time of its fiiilure, or at a time 
 when he knew that failure was inevitable, any advantage whatsoever to 
 one of its creditors ; 
 
 (4) He has not complied with, and does not comply with, the obligation 
 imposed on him to retain, preserve, and produce liooks and papers. 
 
 344. Imprisonment of four years and six months at most shall be inflicted 
 on any one who, in fraud and to the injury of the rights of creditors — 
 
 (1) Incase of a merchant's judicial assignment of goods (forced bank- 
 ruptcy) or failure, or in view of either, if in the last case the failure or as- 
 signment of goods followed, shall have embezzled any part of the estate; 
 
 (2) At the time of proving credits, in case of a judicial assignment of 
 goods or failure, invents a credit which does not exist, or raises an exist- 
 ing credit. 
 
 3i>2. Imprisonment of four years at most shall be inflicted on any one 
 designedly or illegally destroying or rendering untit for use a building or 
 vessel belonging wholly or partly to another. 
 
 363. Imprisoument of four years at most shall be inflicted on a public 
 ofiBcer — 
 
 (1) Who accepts a gift or promise, knowing that they are mad^ to him 
 for the purpose of binding him to do or not to do, in the exercise of his 
 oSice, an act contrary to his duty; 
 
 (2) Who accepts a gift, knowing that it is made to him in consequence 
 or by reason of his having done something or his ha\ang failed to do some- 
 thing in violation of his duty in the exercise of his office. 
 
 364. The judge who accepts a gift or a promise, knowing that they are. 
 made to him to influence his decision on a case submitted for his judgment, 
 shall be punished with imprisonment of nine years at most.
 
 EXTEADITIOX. 205 
 
 The judge who, iu accepting the gift or promise, knows that they are 
 made to obtain a condemnation in a penal case, shall be punished with 
 imprisonment of twelve years at most. 
 
 3G6. The public officer who, iu the exercise of his office, demands, receives, 
 or retains, on the occasion of a payment, as due to himself, another officer, 
 or any public office whatever, what he knows is not dne, shall be punished, 
 as guilty of malversation, with imprisonment of six years at most. 
 
 39'). Imprisonment of two years at most shall be inflicted on any one 
 being guilty of insubordination, wko, having taken passage ou a Dutch 
 vessel or tishing boat, shall commit an assault on the captain, or who. 
 being one of the crew, assaults, while ou board and in service, a superior 
 officer, or who resists the latter with violence or with threats of violence, 
 or who intentionally deprives him of his liberty of action. 
 
 The criminal shall be punished : 
 
 (1) With imprisonment of three years at most, if the offeuce or the as- 
 saults which accompanied it have occasioned bodily injury ; 
 
 (ij) With imprisonment of seven years and six months at most, if they 
 have occasioned a grave bodily injury ; 
 
 (3) With imprisonment of twelve years at most, if they have occasioned 
 death. # 
 
 3DG. Insubordination committed by two or more i^ersons acting together 
 shall be punished as mntiny, with imprisonment of six years at most. 
 
 The criminal shall be punished : 
 
 (1) With iujprisonment of seven years and six mouths at most, if the 
 ofifense committed by him, or the assaults accompanying it, have occa- 
 sioned a bodily injury ; 
 
 (2) With imprisonment of twelve years at most, if they have occasioned 
 a grave bodily injury : 
 
 '(3) With imprisonment of fifteen years at most, if they have occasioned 
 death. 
 
 [Inclosuro 3. — Translation.] 
 , Draft of a trcatij of extradition. 
 
 His Majesty the King of tlie Netherlands and 
 
 having resolved by common acc(U'd to conclude a (n«iw) convention for the 
 extradition of criniinals, have nanuMl for liiiH purpose as their pl<uiij»oten- 
 tiaries, to-wit : 
 
 His Majesty tlio King of the Nethorlamls : 
 
 who, after liaving communicated to each other their full powers, found in 
 good and due form, have :igr(M'il nu tln> r<il!«iwing urticlos: 
 
 Aut. 1. 
 
 The Government of the Nothorlands and the Oovornmeut of 
 engagi'. to mutually deliver to each other, in accordance with tlie rules stij)- 
 nlated in the following arlicli-H, perHons, other than their own Hubjects, 
 who have been convicted nf, or (barged \\ ith, one of the crimes hereinafter
 
 206 EXTRADITION. 
 
 enumerated, committed outside of the territory of the state of which the 
 extradition is requested : 
 
 1. (a) Attempt made against the life or liberty of the King, Queen regnant, 
 regent, or other head of a friendly state, or undertaken with a view to 
 render them incapable of reigning ; (6) attempt against the life or liberty 
 of the Queen non-regnaut, of the heir presumptive of the throne, or of a 
 member of the reigning family. 
 
 2. Murder or assassination ; murder or assassination committed on a 
 child ; 
 
 3. Menaces made in writiug and setting out the act to be performed 
 under duress jier minas, in so far as the laws of the two countries permit 
 extradition on. this ground ; 
 
 4. Abortion procured by the pregnant woman or by others ; 
 
 5. Violence which has caused a serious bodily injury or death, violence 
 committed with premeditation, or serious violence; 
 
 6. Rape, attempt against chastity, the crime of having carnal intercourse 
 outside of marriage with a girl or married woman under the age of sixteen 
 years, or with a woman above that age, when the guilty person knows that 
 she is in a fainting or unconscious condition ; acts of immorality, when the 
 ^ilty i^erson knows that the person wdth whom he commits them is in a 
 fainting or uncouscious condition, or when the said person has not reached 
 the age of sixteen years ; inciting a person under that age to commit or to 
 submit to acts of immorality, or to have outside of the married state carnal 
 intercourse with a third person; 
 
 7. Inciting minors to debauch, and every act intended to encourage the 
 debauchery of minors j)unishable under the laws of the two countries ; 
 
 8. Bigamy ; 
 
 9. Kidnapping, suppression of the birth of a child, the substitution or 
 changing of a child ; 
 
 10. Kidnapping of minors ; 
 
 11. Counterfeiting or altering coin or paper money, committed with the 
 intention of issuing or causing to be issued the said coin or paper money 
 as genuine and unaltered, or the intentional uttering of counterfeit or al- 
 tered coin or paper money ; 
 
 12. Counterfeiting or falsifying stamps and marks of the State, or of 
 workmen's marks required by law, so far as the laws of the two countries 
 permit extradition on this ground ; 
 
 13. Forgery and the intentional utterance of what is forged or falsified, 
 so far as the laws of the two countries permit extradition on this ground ; 
 having in possession or introducing from abroad notes of a bank of circu- 
 lation chartered under the provisions of law, with the intention of utter- 
 ing the same as genuine and not falsified, when the offender knew at the 
 time of receiving them that they were counterfeit or falsified ; 
 
 14. Perjury; 
 
 15. Bribery of public ofificers, so far as the laws of the two countries per- 
 mit extradition on this ground ; malversation in office, embezzlement com- 
 mitted by officers or by those regarded as such; 
 
 16. Intentional incendiarism when there may result from the same a gen- 
 eral danger to property or a danger to the life of others ; incendiarism 
 caused with the intention of procuring for one's self or for a third person
 
 EXTRADITIOX. 207 
 
 unlawful gaiu, to the injury of the insurer or of the lawful holder of a con- 
 tract of marine insurance; 
 
 17. Unlawful destruction, caused intentionally, of an edifice belonging 
 wholly or partly to another, or of an edifice or building, when there may 
 result from the same a general danger to x)roperty or a danger to the lile 
 of others ; 
 
 18. Acts of violence committed publicly by mobs against person or prop- 
 erty; 
 
 19. The unlawful act, committed intentionally, of sinking, wrecking, de- 
 stroying, rendering unfit for use, or injuring a vessel when there may result 
 from the same a tianger for others ; 
 
 20. Mutiny and insubordination of the passengers on board a vessel 
 agaiu>t the captain and of the crew against their superior officers ; 
 
 21. The act, committed intentionally, of having endangered the safety of 
 a train on a railroad ; 
 
 22. Larceny ; 
 
 23. Swindling; 
 
 24. Fraudulent use of a signature iu blank; 
 
 25. Embezzlement; 
 
 26. Fraudulent bankruptcy. 
 
 The attempt to commit, and participation in, the otfence are included in 
 the preceiiing list, when they are punishable under the lans of the country 
 from which the extradition is asked. 
 
 Art. 2. 
 
 Extradition shall not take place : 
 
 1. When the oflence has been committed within a third country, and 
 when the Goveruiuent of the said country demands the extradition; 
 
 2. When the request is made for the same ofTence for which the fugitive 
 has been tried iu the country from which the extradition is asked, and for 
 which h"} has been condemned, discharged, or ac<[uitted ; 
 
 3. If, according to the laws of the country from which the extradition 
 is asked, proscription has run against the prosecution or the sentence btv 
 fore the anest of the fugitive, or in case tlio arrest has not yet takeu place 
 before he has been summoned before the court for a hearing, 
 
 Akt. 3. 
 
 Extradition shall not take place as long as the fugitive is uuibr prosecu- 
 tion for iho same otl'euco in the country from which the extradition is asked, 
 
 Ai:t. 1. 
 
 If the lu;^ i 1 1 VI' IS un<l<'r ju (isccu i IIP II or im mtv m;; li is m-iiI ciht Iiu ;i ip m i m r 
 oflence than that svhicii has given rise to the reipiest for oxlradilmn, his 
 extradition shall not be granted until after the eonelusion of tiie prosecu- 
 tion in the country frorn which tiie extradition iMa^♦lv^■<l and, in cane of con- 
 demnation, until alter he has served his senteiiro or has lieeii jiardoned. 
 Nevertheless, if according to the laws of the country whieh asks the exlra- 
 dilion, iirescriplion of the prosecutifJU might n-sult from this delay, his ex- 
 tradition shall bo granted, unless spofial considerations forbiil '• 'm.!"!-
 
 208 EXTRADITION. 
 
 promise of tLe return of tlie extradited person as soon as the prosecution in 
 the said country shall be concluded. 
 
 Art. 5. 
 
 It is expressly stipulated that tlie extradited person shall neither be pros- 
 ecuted nor punished in the country to which the extradition has been 
 granted for any punishable offence whatever not provided for by the pres- 
 ent convention, and committed prior to his extradition, nor shall he be ex- 
 tradited to a third state without the consent of that granting the extradi- 
 tion, unless he has had the opportunity again to leave the country aforesaid 
 during one month after he has been tried, and, in case of condemnation, 
 after he has served his sentence or been pardoned. 
 
 Persons condemned for crimes to which, under the laws of the state mak- 
 ing the demand, the death penalty is applicable, shall be extradited only 
 on condition that thd said penalty shall not be inflicted on them. 
 
 Art. 6. 
 
 The provisions of the present treaty are not applicable to political of- 
 fences. The person extradited for one of the offences against the universal 
 law, mentioned in Article I, can, consequently, inuo case be prosecuted and 
 punished in the State to which the extradition is granted for a political of- 
 fence committed by him before extradition, nor for an act connected with 
 such political offence. 
 
 Art. 7. 
 
 Extradition shall be requested through the diplomatic channel, and shall 
 be granted only on the production of the original, or of an authenticated 
 copy either of tlie sentence of condemnation or bill of indictment or com- 
 mitment for trial, together with the warrant of arrest, drawn according to 
 the forms prescribed by the laws of the State maliiug the request, and set- 
 ting forth the ottemje in question with sufficient clearness to enable the 
 State on which the demand is made to decide whether, under its laws, the 
 case is one provided for by the present convention, and also indicating 
 the penal provision apijlicable thereto. 
 
 Art. 8. 
 
 Articles seized in the possession of the fugitive shall be delivered to the 
 state maliing the demand, if the competent authority of the state on wl^ich 
 the demand is made has ordered their delivery. 
 
 Art. 9. 
 
 Whilst awaiting the request for extradition through the diplomatic chan- 
 nel, the temporary arrest of the person whose extradition may be requested 
 under the terms of the present convention, may be asked : 
 
 On the part of the Netherlands by any prosecuting officer {officier de jus- 
 tice) or any examining judge {juge covimissaire) ; 
 
 On the part of 
 
 By
 
 EXTRADITION. 209 
 
 The temporary arrest is subject to the forms and regulations prescribed 
 by the laws of the country on which the demand is made. 
 
 Art. 10. 
 
 The foreigner arrested temporarily under the terras of the preceding arti- 
 cle, shall, unless his arrest is to be continued on another ground, be dis- 
 charged, if, within the space of after the date of the warrant of pro- 
 visional arrest, the request for extradition through the diplomatic channel, 
 accompanied by the delivery of the papers designated by this convention, 
 shall not have been made. 
 
 Art. 11. 
 
 When, in the prosecution of a criminal case, one of the Governments 
 shall deem it uecessary to examiue witnesses in the other state, letters 
 rogatory shall be transmitted for that purpose through the diplomatic chan- 
 nel, and due answer shall be made thereto, always complying with the laws 
 of the country in which the witnesses are invited to appear. In case of 
 urgency, however, letters rogatory may be directly addressed by the judicial 
 authority in one of the states to the judicial authority in the other state. 
 
 All letters rogatory intended to request an examination of witnesses shall 
 be accompanied by a French translation. 
 
 Art. 12. 
 
 If in a criminal case the personal appearance of a witness in the other 
 country is necessary or desired, his Government shall urge him to comply 
 with the invitation addressed to him, and, in case of his consent, he shall 
 receive traveling and hotel expenses in accordance with the rates ami regu- 
 lations in force in the country in which the examination is to lake place, 
 except in case the Government making the request shall consider that the 
 witness ought to be allowed a larger sum. 
 
 No witness, whatever be his nationality, who, having been sunnuoned iu 
 one of the two countries, shall voluntarily api»ear before the judges of the 
 other country, shall be prosecuted or detained there for prior criiuinal acta 
 or sentences, nor under charge of complicity in the acts which arc the 
 grounds of the trial in which he is to appear as a witness. 
 
 Akt. 13. 
 
 "When in a criminal case the ajjpt'aranco of criminals hold in the other 
 state or the communication of proof of guilt or documents which are in the 
 hands of the authorities of the other country shall bo deemed useful or 
 necessary, the request for the same shall be made through the diplomatic 
 channel, and it shall be duly complied with, unless special couhideiations 
 forbid it, under coudition-of returning the criminals and the proof. 
 
 Akt. II. 
 
 The transit through the territory of one of the contracting states, of a 
 person surrendered liy a lliinl power to tlie *)ther party and who does not 
 belong to the country of transit, shall be granted on the sinqde production 
 
 °S. Ex. 55 14
 
 210 EXTRADITIOX. 
 
 of the original or an authenticated copy of one of the legal documents 
 mentioned in article 7, provided that the crime which is the cause of the ex- 
 tradition is included in the present convention and does not fall under the. 
 provisions of articles 2 and 6, and provided that the transfer takes place, so 
 far as the escort is concerned, with the assistance of the officers of the coun- 
 try authorizing the transit over its territory. 
 
 The cost of transit shall be borne by the state making the request. 
 
 Art. 15. 
 
 The respective Governments mutually renounce all claim for the restitu- 
 tion of the expenses for maintenance, transport and other expenses which 
 may be incurred, within the limits of their respective territories, in the ex- 
 tradition of ijrisouers who are charged with or convicted of crime, as well 
 as those resulting from the execution of letters rogatory, from the transfer 
 and return of criminals for appearance and from the transmission and 
 return of evidence of guilt or of documents. 
 
 In case transfer by sea shall be deemed preferable, the person to be ex- 
 tradited shall be conducted to the port designated by the diplomatic or 
 consular agent of the Government making the demand, and he shall be 
 embarked at its expense. 
 
 Art. 16. 
 
 The present convention shall take effect from the twentieth day after 
 its promulgation according to the forms prescribed by the laws of the two 
 countries. 
 
 From the date of its taking effect, the conventions of . shall 
 
 cease to be in force and shall be replaced by the present convention, which 
 shall continue in force until six months after notice to the contrary from 
 one of the two Governments. 
 
 It shall be ratified and the ratifications shall be exchanged within the 
 period of , or sooner if possible. 
 
 In faith whereof the respective plenipotentiaries have signed the present 
 convention and have affixed thereto their seals. 
 
 Done in duplicate 
 at , on . 
 
 [Inclosnre 4. — Translation. ^ 
 
 Memorandum designed to serve as a reply to the questions contained in the circu- 
 lar of his excellency the Secretary of State, at Washington, of Noveniber 26, 
 
 1888. 
 
 1. The Government of His Majesty the King of the Netherlands can in 
 no case grant extradition otherwise than by virtue of a special convention 
 to this efl'ect. This is owing to the provision contained in Article III, par- 
 agraph 2 of the constitution. No exception can be made to this rule under 
 any circumstances, not even if reciprocity in this respect be offered by a 
 foreign Government. The extradition of our own subjects can never be 
 granted.
 
 EXTKADITIOX. 211 
 
 2. A provisiooal arrest, peudiug an application for extradition, accom- 
 panied by the necessary judicial papers, may take place when provision 
 therefor is made by a convention. 
 
 (Article IX of the law concerning extradition.) 
 
 According to this article, provisional arrests are made at the request of 
 those foreign authorities designated as competent by the convention. 
 
 It is not necessary for this request to be made diplomatically, altbough 
 it may be stipulated in the convention that it shall be so made. The pe- 
 riod during which a person may be held under provisional arrest, pending 
 the receipt of an application for extradition is determined by Article X of 
 the law, and by the stipulations on this subject which are contained in the 
 various extradition conventions. 
 
 When an application for extradition has been made, the person arrested 
 is held until a decision has been reached concerning such application, while, 
 if extradition is granted, the person arrested is, of course, held until the 
 extradition takes place. 
 
 Provisional arrests may be made in compliance with a request sent by 
 telegraph. 
 
 3. Warrants of arrest are issued by judicial magistrates (Article X) and, 
 in the cases provided for in Article XII of the law, they are also issued, 
 provisio:ially, by police magistrates. 
 
 A provisional arrest may be ordered by both judicial and police magis- 
 trates. (Article IX.) 
 
 A renewal of the warrant of arrest on the receipt of the application for 
 extradition is not necessary. 
 
 The laws of the Netherlands recognize no complaint in extradition cases; 
 no reply, therefore, need be made to the questions jiropouuded on this 
 feul)ject. 
 
 4. The procedure to be observed in extradition cases is regulated by Ar- 
 ticles XIII and XX of the law. The judge examines the person whose ex- 
 tradition is asked for, and gives his o]iinion. This opinion is addressed to 
 the minister of justice, who, on his own authority, grants or n^fuses the 
 extradition. 
 
 The (locuinents on which the ajiidicat ion fur extradilmn is l)asc(l, and 
 thu apjilication itself, are transmitted diitlomatically. (Articlu VIII.) By 
 iho Mubsequent transmission from the minisiry of justice to'tbe competent 
 odicer in the office of the attorney for the crown, the case is l)r()nght lieforo 
 the court. 
 
 Authentication of the documents is not rciinired except when it is pro- 
 vided for by treaty, or when it is required by cnstom. 
 
 As has alrearly Ix-cn remarked {mtb iiumiro 4,) tln^ mim.'stcr (it jumI ice 
 decides whether an application for »ixlra<lili<>n is to \w graiitofl or denied. 
 His decision is tranamitted diplomatically. 
 
 7. The seizure of articles found in the ixi.ssf.ssion of the person whosccx- 
 tradition is asked for may take j)lacr at th(! rime of his arrest. (Articles IX 
 and XII.) The court decides whether these arliclos are to be sout to tiio 
 Government applying for tlie extradition, that it may use them as evidence, 
 or whether they are to be returned to the ]icrHoii wliose extradition iH.-isked 
 for, even in case; liis extradition is granted. (Article VIII.)
 
 212 EXTKADITION. 
 
 8. The extradition takes place in a locality situated on the frontier, or 
 in a sea-port, but not in the place where the person wanted is held. 
 
 The extradition can not take place before the expiration of fifteen days 
 after the person wanted has been examined by the court. (Article XVIII.) 
 
 The law, however, fixes no period within which the extradition, when 
 once granted, must take place. 
 
 9. The right of transit is regulated by treaty. According to Article XX 
 of the law, all that is needed, in order that the transit of a person wanted 
 by a third power may be granted, is that such power shall have an extra- 
 dition treaty with the Netherlands, and that the offence for which the ex- 
 tradition has been granted be mentioned in such treaty. 
 
 Transit through the territory of the Netherlands takes place, so far as the 
 escort is concerned, with the co-operation of Dutch officers. 
 —10. As to the expense growing out of extradition cases, the rule is that 
 the Government granting extradition defrays the expense of the keeping 
 and transportation of the person wanted through its own territory ; the ex- 
 pense of the transit is defrayed by the state that has applied for the extra- 
 dition. 
 
 PERU. 
 
 January 14, 1889, Mr. Buck iuclosed'the following: transla- 
 tion of a note which had been addressed to him by the Peruvian 
 minister of foreign relations : 
 
 »to' 
 
 Sir: Acceding with pleasure to the desire manifested by your excel- 
 lency in your note of the lidiust., I have the honor to answer the i^oints re- 
 ferred to in Mr. Bayard's communication, copy of which I received. I in- 
 close to your excellency the text of the Peruvian law of October 28, 1888, 
 which discloses the principles according to which my Government is will- 
 ing to concede extradition, exacting reciprocity, even in the cases where 
 no treaty should exist with the nation asking for it. 
 
 The several articles of said law give an answer to the questions of para- 
 graphs 1st, 2nd, 3rd, 4th, 7th, and questions of the 8th in regard to the 
 transit through the territory of guilty parties taken from frontier nations, 
 and it only remains for me to amplify some details in view of the custom 
 of this department. 
 
 The documents accompanying a demand for extradition in conformity 
 with article 8th of the law, sections 1st and 2d, should be authenticated in 
 the form established by the rules of each country, and by the ministry or 
 secretaryship of foreign relations, and this authentication should be certi- 
 fied by the Peruvian diplomatic or consular agents, or by some functionary 
 of the demanding country residing in Lima. 
 
 As to the 6th question, a decree of the Government decides the extradi- 
 tion, and is communicated in a dispatch to the demanding country. 
 
 The questions under the 8th point touch matters of details that would be 
 arranged in view of the especial circumstances of the case ; but it can be 
 stated that the delivery of the party demanded would be made immediately 
 after the agreement to extradite him, and at the nearest port to the place
 
 EXTRADITION. 213 
 
 ■where he should be detained, if it was a questiou of a iiatiou Trith which 
 Peru had maritime communication; and in the briefest time possible he 
 should be taken out of the country by the agents having him in custody. 
 • The expenses referred to under head 10th would be chargeable to the 
 government to which the extradition was conceded, theie bi ing no regula- 
 tion of treaty on the subject. 
 
 In conclusion, I will add that the terms of the 7th question are far too 
 general, and more comprehensive than those of article 10 of the law. This 
 refers solely to papers and other thiugs bearing upon the crime and its 
 authors, without treating of the delivery of other property or effects that 
 the fugitive miL;ht have been able to acquire during his residence in Peru. 
 I consefjuently believe that such property or effects would not be delivered. 
 There would remain, however, a resort to the judicial tribunals by civil, 
 proceedings, which would be conducted in accordance with Peruvian legis- 
 lation. 
 
 Your excellency will find annexed a copy of "El Peruano," the official 
 bulletin, in which is published the law to which I refer in this despatch; 
 and in regard to the treaties in force upon extradition, I beg to mention that 
 the greater part have come to an end, and others have bt;en abandoned, 
 giving room for the conclusion of new agreements that will be in accord- 
 ance with the principles declared by the legislative power. 
 I take, etc., 
 
 Isaac Alzamora 
 
 [Incloaure. —Translation. ] 
 
 Peruvian extradition act of October "2:3, 1888. 
 
 Andues a. CaciSres, Constitutional rrcsident of lite Iie2)uhlic. 
 
 Whereas Congress has passed the following law : 
 
 The Congress of the Republic of Peru cousitlering — 
 
 That it is necessary to establish the general priuciples by which the ex- 
 ecutive power is to be governed in the treaties which may be made on the 
 subject of extradition, has passed the following law: 
 
 Article I. The executive can luuul over to the governments of foreign 
 countries, on the condition of reciprocity, all persons accused or condemned 
 by the tribunals of the nation <l«Mnaiiding them, pn)vidc<l that the crime 
 or offence in question is spccilicd in the present law and tliat it was com- 
 mitted within its territory or waters or merchant vessels on the high seas, 
 or on its men of war wherever they may bo. 
 
 Article II. Extradition may be granted for all I Iiond offences to which 
 may be aiqdied iln; sentence of deal ii, pmitcntiary, house of correction, 
 forced labor, or imprisonment for not less thun'two years, according to the 
 laws of Pern. 
 
 AirncLE III. Extradition will not bo granted in any case— 
 
 1. When the person demanded was a Peruvian citizen by virtue of birth 
 or naturalization previous to the act wliich occaMiouM tlie demand foi- extra- 
 dition. The case iHexc«!pteil of a nation having a con)mon i)onndary where 
 compacts in regard to citizens may bo adjusted according to reciprocal or-
 
 214 EXTRADITION. 
 
 rangemcnts which can in no way Le rendered more oppressive [for such 
 citizens] than those made in this law for foreigners. 
 
 2. When the offences committed have, in the opinion of the Government 
 of the Republic, apolitical character, or have been committed in connection 
 with the same. 
 
 3. When, in accordance with the laws of Peru, the prosecution for the 
 offence which g^ve rise to the demand for extradition has been prescribed. 
 
 4. When the person claimed has been already tried and sentenced in the 
 Kepublic for the same olfeuce or for another equal or greater one. 
 
 Article IV. If the person demanded is a slave, the extradition will not 
 be granted except when the nation claiming him engages itself to try him 
 as a free man, and to consider him always as such. • 
 
 Article V. If, at the trial of the offence that gave rise to the extradition, 
 it should be discovered that the culprit is guilty of another distinct and 
 graver one, comprised, likewise in the treaty of extradition, or in this law, 
 the government demanding him can cause him to be tried for this latter 
 offence, so informing the Government of Peru. 
 
 On conceding the extradition it shall be stipulated that the sentence of 
 death shall not be inflicted upon the culprit, and the Government shall de- 
 mand, to such end, on delivering over the culprit, that the final sentence 
 against him be communicated to it. 
 
 Article VI. In case that, in accordance with the prescription of para- 
 graph 1st of Article III, the Government should not be obliged to give up 
 the culprits demanded, these may be tried and punished according to the 
 laws of the Republic, provided that the sentence is communicated to the 
 government that has made the demand for them. 
 
 Article VII. If two or more governments should solicit the extradition 
 of the same individual, it remains for Peru to decide, according to circum- 
 stances, to which one he is to be delivered. 
 
 Article VIII. The demand for extradition can be made direct by a gov- 
 ernment through the diplomatic channel, or through any functionary suffi- 
 ciently authorized to do so, it being required to be accompanied by — 
 
 1st. The condemnatory sentence or preliminary proceedings that, accord- 
 ing to the law of the country in which the offence has been committed, 
 are sufficient; to justify the arrest and bringing to trial of the person ac- 
 cused ; 
 
 2nd. All the data necessary to prove the identity of the party claimed ; 
 and 
 
 3rd. A copy of the legal provisions of the claiming nation, appl'cable to 
 the fact that occasions the demand. 
 
 Article IX. In urgent cases the provisional detention of the accused can 
 be ordered, if the government claiming him solicits it by postal or tel- 
 egraphic communication ; the detention terminating when, within three 
 months, to be counted from the arrest, the demand is not formally made in 
 the manner established in the preceding article. 
 
 Article X. When there is ground for extradition, the papers and other 
 objects thit have relation with the offence and the offenders will be deliv- 
 ered to the demanding nation under condition of returning them when the 
 suit is terminated, if any person lays claim to them. 
 
 Article XI. The Government may authorize the transit through the
 
 EXTR ADITIOX. 215 
 
 territory of the Republic of the culprits extradited by ueighboring nations, 
 'provided that they are not Peruvian citizens, requiring the authorities to 
 take the necessary measures to prevent escape. 
 
 Article XII. The demand for extradition once made, the ministry of 
 foreign relations will transmit it to the su^jreme court, which, after hear- 
 ing the fiscal attorney, will give its opinion upon the legality or illegality 
 of the demand according to this law. In virtue of said opinion, the Presi- 
 dent of the Republic will decide with the council of ministers on the de- 
 mand for extradition. 
 
 Article XIII. The executive shall denounce at their maturity all the 
 treaties of extradition that are not made in accordance with the present law. 
 Let it be communicated to the executive in order for its fuUilmeut. 
 Given at the chamber of sessions of Congress at Lima, October 17th, 1888. 
 
 M.-Candamo, 
 
 President of tlie Senate. 
 Manukl Maria del Valle, 
 President of the Chaviber of Deputies , 
 Jose V. Arias, 
 
 Secretary of the Senate. 
 Theodomiro a. Gadea, 
 Secretary of the Chamber of Deputies. 
 To His Excellency the President of the Republic. 
 Now, therefore, I ordain that it be published, placed in circulation, and 
 be duly fultilled. 
 Given at the Government House at Lima, October 23, 1888. 
 
 Andres A. Cac^res. 
 
 PORTUGAIi. 
 
 December 27, 1888, Mr. LewLs transmitted to the Departmeut 
 the following note from the miui.ster of foreign affalr.s : 
 
 Ministry ok Forei ;x Affairs, Political Division, 
 
 Linhon, December 22, 1888. 
 I. have the honor to acknowledge receipt of yoiir exceiieucy 'h note of llth 
 iuHt., accompanying a circular of your Govcrurncut in which certain nuos- 
 tioiiH rclativo tr) extradition of criniinais from this country are OHked. 
 
 I have to inform your (xcellcncy that the Government of IMh MajcHty ia 
 r«'ady at all times to consider rcfiucMls forcxtraililion made by nalioiis witli 
 which it has no treaty to that illVrt, n-wrviiig, lic.wcvfr, \\w right to n- 
 
 fus'". 
 
 This concession is not subject to any express conditions; it is of Ihu free 
 will of the Government. 
 
 We do not deliver up Portuguese subjects. 
 
 We grant provisional arrest in compliance with a retpieHt made dipio 
 matiijally by telegraph, or by writing, alTlrming the evidence of witnesses 
 or previous condtnination of tliti individual claimiMl. 
 
 The time of temporary imprisonment varies according to the greater or
 
 216 EXTEADITJOX. 
 
 lesser distance of the country claiming tlie accused and consequent facility 
 or difficulty of presenting the necessary documents for the extradition. 
 
 The order of imprisonment is given by the administrative authorities. 
 
 It is not necessary to issue a new order for imprisonment after the arrival 
 of the documents requesting extradition. 
 
 The judicial authorities can not grant the extradition and they do not in- 
 tervene until thej- are requested to do so by the individual claimed ; but 
 the usage is to consult the procurador geral of the Crown upon the legality 
 of the extradition asked. 
 
 The opinion of the procurador geral of tbe Crown is purely consultative, 
 bnt the executive power is accustomed to conform its procedure with it. 
 
 Extradition is granted in transit. The escort of the individual delivered 
 up across the territory is made by the police of the country traversed. 
 
 There being no stipulation to the contrary the expenses are to be met to 
 the country requesting the extradition. 
 
 All other xioints and even these are found printed by the various conven- 
 tions of which I send enclosed copies according to your excellency's wish. 
 
 These conventions define the rights now in force, seeing that there is no 
 general law which regulates the granting of extradition. 
 I avail myself, etc., 
 
 Barros Gomes. 
 
 RUSSIA. 
 
 January 21, 1889, Mr. Tree inclosed a translation of a mem- 
 orandum from the ministry of foreign affairs, which was as 
 follows: 
 
 Memorandum, 
 
 1. Extradition in Russia is governed by conventional regulation. Never- 
 theless, the mperial Government is free in the absence of international ob- 
 ligation to grant, on the basis of entire reciprocity, the surrender of per- 
 sons who have taken refuge in its territory, with the exception of its own 
 subjects. 
 
 2. The provisional arrest of a fugitive maj* be eifected according to the 
 forms and regulations prescribed on the requisition of a foreign govern- 
 ment transmitted by diplomatic channel. Tkis requisition, emanating 
 from the competent authority of the demanding country, should establish: 
 
 («) The identity of the person ; 
 
 (6) His nationality and calling ; 
 
 (c) The criminal charge, the nature and date of the criminal act. 
 
 Provisional detention is obligatory by virtue of a treaty, and ceases gen- 
 erally to be prolonged if within the delay of 20-60 days from the date of the 
 arrest of the fugitive the formal demand of extradition accompanied by 
 necessary proofs has not been made. 
 
 According to some treaties concluded by the Imperial Government, the 
 foreigner may be arrested provisionally on a simple notice transmitted by 
 letter or telegram, on condition, however, that this notice be regularly 
 given by diplomatic channel.
 
 EXTRADITION. 217 
 
 3. The warrant of arrest of the fugitive malefactor charged w ith or cou- 
 ricted of crime is issued by the minister of justice. If the demand of 
 arrest is followed in time by a regular requisition for extradition the ac- 
 cused is held in arrest without any new warrant for the purpose bt-ing re- 
 quired. The minister of justice being alone charged with the instruction 
 and execution of the demand of extradition, there is no necessity for action 
 on the part of the judicial authority in order to maintain the arrest. It 
 is effected under the care of the executive authority. 
 
 4. It is the same case in all things in the procedure of matters of extra- 
 dition ; the judicial authority takes no part in the examination of the 
 charges brought against the accused and of the papers brought in supjiort 
 of the requisition for extradition. These documents are transmitted by 
 diplomatic channel to the minister of foreign affairs, who states their 
 authenticity and communicates them to his colleague, the minister of 
 justice. 
 
 5. The requisition for extradition should be accompanied by an authentic 
 legal copy of the sentence of the court, or by a copy of warrant of arrest, 
 or by any other judicial document equivalent, rendered by a judge or a 
 magistrate, duly authorized to this effect, and indicating the crime or the 
 offence of which there is question, as also the penal disposition applicable 
 to it. The demanding government is obliged to furnish these documents 
 with the usual seals and to have them legalized by the comi)etent agent of 
 the executive authority. The official character of this latter should be, 
 also on its part, attested by the diplomatic agent of the Russian Govern- 
 ment. 
 
 6. Once that the requisition by the diplomatic agent of the denumding 
 government has been accepted, the minister of foreign affairs examines it 
 from the poiiit of view of international law and of treaty. After this first 
 examination, the demand for extradition, if regular and conformable to the 
 stipulations of the treaty, is transmitted to the minister of justice, with the 
 observations which it may have elicited. This minister deci<les definitively 
 as to its action, and gives notice thereof to the minister of for»-ign affairs 
 and to the miuisterof the interior. This last insures tlio execution of tho 
 requisition in causing the arrest of fugitive! and in delivering him to tho 
 foreign authorities, noti(i<-d b^- diploniatii- agiiicy. 
 
 7. Tlie [iroofrt of conviction and (lie objiuts found in poHsession of tho 
 fugitive are seized, if necessary, and delivered to the deniJiiiding govt^rn- 
 nient at the saiiir time as the delivery of the person arresti-d, and even in 
 the case when the extradition, after having bi-i-n accorded, might not take 
 l)lace by reason of the deatli or of the (light of tlie. criminal. It is, how- 
 ever, to be observed that the rights of third parties to these objects as also 
 the rights r)f the Imperial fJovernment are always rcHerved. 
 
 8. Tlie fugitive whose extiailition has bt en giaiitrd is then-upon, as soon 
 as it can be done, delivered to tho demanding governnient nt a |ioiiit oit 
 the frontier indicated in advance by the ini]n'rial authoritifs. If the < riin- 
 iual is to be given up at a jiort, the foreign govemiiKut has flir choice of 
 designating it. According to some treatiej» a delay of '.i months is granted 
 to the diplomatic agents of the foreign governnu-nt for lln^ sending away 
 of tho person arnssted, i)!aced at its (liHpf>Hition. 
 
 9. Tho transit of the person extradited may be authorized by tho minister
 
 218 ■ EXTKADITION. 
 
 of justice on the simple production by diplomatic channel of one of tho 
 documents in the case mentioned in paragraph 5. This authorization could 
 only be accorded to the powers ^'hich grant on their territory the same 
 privilege to the Imperial Government. 
 
 The transit, as regards escort, is accomplished with the assistance of Rus- 
 sian fuuctionarifts, but at the expense of the demanding country. 
 
 10. All the expenses caused by the arrest, detention, and transit of the 
 persons claimed, as also the expenses of the delivery and of the transport 
 of the objects found in possession of the fugitive, are at the charge of the 
 demanding state, unless otherwise stipulated by special agreement. 
 
 SWITZERLAND. 
 
 The following is taken from a discussion of extradition iiro- 
 cedure in Switzerland (13 Revue de droit int. et de I6g. comp., 
 1881, pp. 49-51), by M. Alfred Martin, an advocate of Geneva : 
 
 Demands for arrests are addressed to the executive authority. In some 
 of the treaties it is ijrovided that such demands may be directly made to a 
 judicial or administrative authority of one of the two states. 
 
 When a demand for arrest is received the federal council asks the gov- 
 ernment of the canton where the fugitive resides to arrest him. 
 
 The individual who has been provisionally arrested has the right to con- 
 test the demand for extradition. If he pretends that the demand is contrary 
 to the existing treaty between Switzerland and the demanding country, 
 the matter is submitted to the examination and decision of the judicial 
 power. If the fugitive does not contest the application of the treaty, the 
 executive orders and carries out the extradition. But if he brings the 
 matter before the federal tribunal, its decision is final. The federal coiiu- 
 cil is deprived of its control over the affair. 
 
 By a judgment of the federal tribunal of March 22, 1879 (arrfit Massit), it 
 was decided that treaties of extradition are like laws of procedure, and that 
 in general they apply upon their promulgation to all prior acts. 
 
 It is an acknowledged principle that extradition can only take place for 
 an act committed outside of the territory of the state on which the requisi- 
 tion is made. The federal court referred to this elementary rule in a very 
 recent decision relative to a requisition from France with regard to an act 
 which had been committed on Swiss territory. Of course the extradition 
 was refused. 
 
 It is also indisputable that an act, in order to give rise to extradition, 
 must have a penalty attached to it by the law of the country on which the 
 requisition is made. The federal court made application of this principle 
 in a very interesting case. It consisted in a demand for extradition made 
 by Germany for embezzlement. The accused had taken refuge in the can- 
 ton of St. Gall. Now, according to the law of that canton, a prosecution 
 can be instituted for that act only on the complaint of the person wronged, ■ 
 and the criminal proceedings had been instituted ofiScially. For this reason 
 the extradition was refused. 
 
 \
 
 EXTRADITION. - 219 
 
 Still it is not necessary that the act charged be designated in the same 
 way in the two codes; it is sufficient that the act be considered a crime or 
 an offence by the two codes. 
 
 The multiplicity and variety of the laws of the cantons sometimes renders 
 the application of the international conventions a little difficult. Take, 
 for instance, an act which is punishable in almost all the republics com- 
 posing the confederation, but which is not mentioned in the code of the 
 canton in which the fugitive is. Can it be said that the act is not ininish- 
 rtble in Switzerland? Must the extradition be refused? The federal 
 court has admitted that Switzerland may grant the extradition of a per- 
 son for acts which are punished by the code of Germany on the one hand, 
 and by a certain number of Swiss codes on the other, when Germany 
 makes the requisition, provided that the repression of such acts is in con- 
 formity with the general interests. 
 
 It should be observed that the court, in this decision, bases its action on 
 the fact that the treaty with Germany does not require that the act with 
 which the accused is charged be punishable under the codes of both coun- 
 tries. The decision would probably be different if the application of 
 another treaty was concerned. 
 
 Persons surrendered to the country making the requisition can not be tried 
 for any act except that for which the extradition was granted. Api)Iica- 
 tion was made of this rule in the case of two persons surrendered to Swit- 
 zerland, one by Holland, the other by England, as charged with a certain 
 offence. They are demanded from Switzerland by the Grand Duchy of 
 Baden as being guilty of another offence. The extradition is refused as 
 long as Holland and England withhold their consent. 
 
 TURKEY. 
 
 December 28, 1888, Mr. Straus made the following reiiort: 
 
 Sir: Replying to your circular instruction of November '26, lrt8b, re- 
 specting the subject of international extradition as practiced by tiio 
 Government to which I am accnditcd, I have the honor to report : 
 
 The subject of extradition in this (jnipire by reason of the capitulations 
 and the rights of extraterritoriality may be sejiarated into three distinct 
 clashes : 
 
 First. When thefiigitivo criminal whoso surrender isdoinanded isanOtto- 
 man subject. 
 
 Second. Wlien the fugitive is a subject fif the demanding state. 
 
 Third. Wlien the fugitive is neither an Ottoman subject nor subjectof tho 
 demanding state, but of a third power. 
 
 Reverting to the above enumerated rlnHses: 
 
 First. Wlien the fugitive crirniiial whose surrender is demanded is an 
 Ottoman subject. The Porte in such a case does not consent to the surren- 
 der of its own Hubjeefs, and, as I ntn informed, it has no convention or 
 anderstaniling, tlirongh cxdianged diplomatic notes or otherwise, whereby 
 it is obligated to make surrender.
 
 220 • EXTEADITION. 
 
 Second. When the fugitive is a subject of the demanding state. By the 
 treaties and capitulations granting and regulating extraterritoriality in 
 the Ottoman Empire, the fugitive is regarded as being within the juris- 
 diction of the demanding state, and he is arrested, tried, or transported 
 by the consul of such demanding state upon such evidence and by such 
 procedure as is prescribed by his Government for the trial of criminals. 
 
 If the consul is unable to make the arrest through his own officials, and 
 finds it necessary to ask for the assistance of the Porte, ai^plication is made 
 therefor to the Porte, and such assistance is usually given, though it is not 
 obligatory lapou the Porte to render it. 
 
 Third. When the fugitive is neither an Ottoman subject nor a subject of 
 the demanding state, but of a third power, then the extradition depends 
 upon the conventions or practice between the demanding state and the 
 state of which the fugitive is a subject. 
 
 Most governments, in matters relating to extradition, so far as concerns 
 their own siibjects, regard the Ottoman Empire, as it were, one of their 
 colonies, and their consuls, as a rule, cause the arrest of the fugitive, try 
 and convict him, or convey him to one of their own ships and transport 
 him to place of venue for trial, according to their regulations or laws upon 
 the subject. 
 
 It also happens in practice that when the fugitive is a Turkish subject 
 such fugitive is conveyed to a ship of the demanding state, and once thereon 
 is taken under arrest, as if being on the territory of the demanding state, 
 and thence transported to the place of trial. 
 
 There are no treaties of extradition excepting the one with the United 
 States concluded in 1874, but there is a disposition on the part of the Porte 
 to claim that it is not in force, in that they couple its ratification with the 
 treaty of naturalization which is still in negotiation. I fail to see what the 
 one treaty has to do with the other, and know of no valid reason why the 
 former treaty should not be binding. In any event such a treaty has much 
 more advantage for Turkey than for America, in that fugitive American 
 citizens can be extradited, as it were, under the power vested in our con- 
 suls by reason of extraterritoriality. 
 
 Although Turkey has no other treaty of extradition than with the United 
 States, yet provisions are contained in the ancient capitulations with Rus- 
 sia and with Austria, by which it is provided that they reciprocally will 
 surrender certain classes of fugitives, such as sailors and slaves, provided 
 they have not embraced the religion of the country of refuge, which in 
 Turkey would be equivalent to a change of nationality. 
 
 I am informed at the Porto that a recent arrangement, not in the form of 
 a convention, but by exchanged notes, has been entered into between it 
 and Russia for reciprocal extradition, and a similar arrangement is in course 
 of negotiation also with Roumania. 
 
 I am also informed at the Porte that it has never interfered with or ob- 
 jected to the right of transit across its territory of criminals surrendered by 
 a third state to a foreign government. 
 
 No law on the subject of extradition exists in this empire. 
 
 I have, etc., 
 
 O. S. Straus. . 
 
 O
 
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