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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 wlios27(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:ikf 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 : AKTIly 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 containee ndixed to th<: same. Done at Bremi-n the sixth day of September, eighteen hnndrerl anr \vlii
  • 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) plaery, 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])))lioisouing,) 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 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 sective 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 anidiia1)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- viitey 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; kiping, 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, 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 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 brity 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, (•*, 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 ]VaHhinIomali<' 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;iiiiublic, 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 violeny, 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 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 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, Itublic, 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.sli 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 aublication 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!' 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 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 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, anunches, 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 anf agricultural instrumeiilH, . 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*y the bill under discussion. In including the receiving of stolen goods anroposed 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 . 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 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 evirisoner 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" 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 extraditioses 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 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." 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 niiilyiug 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'*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, anseutatives of such foreign ceut 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 eviderty 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, 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(% anf 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)rehcnrebended. 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 ftion 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 surrapers, 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 frNt 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 aiif 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 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 Hwin2. 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 rt 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 unn 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 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 ^ast: . 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