iii ilililt'.iiiiii! (5nrn?U Ham Btl\m\ Slihtarg JX 43021890™"""'"''"'"-"'^^'^ Report iniiiiiiiiMlll „,„ , 3 1924 017 514 898 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017514898 REPORT BY HOIST. J. B: MOORE:: EXTRADITION. /y^/y^. REPORT BY HON. J. B. MOORE. EXTRADITION. Improved means of travel which modern invention has af- forded and the consequent ease of flight have made the extra- dition of criminals a subject of constantly growing importance. A person commits au 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 afforded protection. In extradition alone is found the efficient remedy for 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. 204A ^1 It has been much, discussed by publicists 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 ofScer 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 offiense charged is actually peudiug against the accused in the country by which his extradition is demanded. In other coun- tries it is requisite that at least prima facie 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 offense with which he is charged if it had been committed in this country. What crimes should be mado the subject of extradition f The answer to this question must depend upon various condi- tions; Between contiguous countries the list of offenses 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 June, 1882, there is the following provision : The provisions of this conTention shall not he applioahle to persons guilty of any 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 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 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 been tried, and, in case of condemnation, 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. This provision is understood to be merely declaratory of the law that a sovereign or a member of his family may be made the victim of a non-political crime. Offenses against customs laws are also generally excluded from extradition treaties, as well as offenses against laws relating to religion or to matters of peculiarly local concern, growing out of particular national polity. 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 the 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 sufiicient,.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 considerations of convenience as well as by the just require- ments of the penal law, it may well be questioned whether 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 be 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 i)lace would encourage abuse of extradition process and open the door to prosecutions for political offenses. 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 culprit 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 of extradition by a third 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 whose jurisdiction he is? And, if it be held that tlie true rule is that he is entitled only to the same treatment as a citizen of the country on which the demand is made, may his government make it a ground of objection to his extradition that citizens of that country are by its laws or its practice ex- empt from surrender? It is the practice of the Government of the United States to decline extradition in the absence of treaty. It has concluded 6 with foreigu countries, in relation to extradition, the following conventions: Countries. Austria Baden Bavaria Belgium* Bremen Dominican Kepublic ... Ecuador France =... Great Britain t HanoverJ Hawaiian Islands Hayti Itaij§ Japan Lnxembarg Mecklenbnrg-Sohwerin Mecklenburg-Strelitz . . "When concluded. July 3,1856 Jan. 30, 1857 bept. 12, 1863 Mar. 19, 1874 June 13, 1882 Sept 6, 1853 I'eb. 8, 1867 June 28, 1872 Nov. 9, 1813 H'eb. 24, 1845 Feb. 10, 1858 Nov. 19, 1794 Aug. 9.1842 Jan. 18, 1855 IJen. 20, 1849 Nov. 3, 1S64 Mar. 23, 1868 Jan. 21, 1869 June 11, 1884 Apr. 29, 1886 Oct. 29, 1883 Nov. 26, 1853 Dec. 2, 1853 Countries. Mexico Netherlands!! Nicaragua North German Union Oldenburg Orange Free Stale Ottoman Empire PerulT Prussia and other States of the Germanic Confedera- tion. San Salvador Schanmhurg-Lippe Spain** Sweden and Norway Swiss Confederation Two Siciliestt VenezuelaJJ Wiirtemburg When concluded. Dec. May June June Feb. Dec. Dec. Aug. Sept. June May June Jan. Aug. Mar. Nov. Oct. Aug. Oct. July 11, 1861 22, 1880 2, 1887 23. 1870 22,1868 30, 18.53 22. 1871 11,1874 12, 1870 16, 1852 23, 1870 7. 1854 5, 1877 7, 1882 21, 1860 25, 1850 1. 1855 27, 1860 13. 1853 27, 1868 * Eeplaced by treaty of 1882. t Expired October 28, 1807. X Terminated by absorption of Hanover by Frnssla. § Amended by treaties of 1869 and 1884. I! Eeplaced by treaty of 1887. IT Terminated March 31, 1886. ** Amended by treaty of 1882. tt Eeplaced by treaty of 1868 with Italy and its amendments. t{ Terminated October 22, 1870. Appendix A. PROVISIONAL ARREST AND PROCEDURE. No. 18] Department of State, Washington, Jannartj 28, 1889. John E. Pakkhurst, Esq., 4'C., ^c, cfc, Brussels. Sir : I have to acknowledge tbe receipt of Mr. Tree's dispatch, No. 406, of the Slst of October last, iu which he ioformed the Department of the pro- visional arrest and detention by tbe Belgian authorities, upon the request of this Government, through its legation at Brussels, of one Sambalino, who has since been extradited to tbe United States. With bis dispatch Mr. Tree inclosed a copy and translation of a note of his excellency tbe Prince de Cbimay, Belgian minister of foreign affairs, bearing date tbe 27tb of October, and responding to Mr. Tree's request for Sambalino's provisional detention. His excellency states that tbe consul of the United States at Antwerp had solicited the temporary arrest of the fugitive, who had, accordingly, been detained at Antwerp since the 19tb of October. His excellency then observes that the convention between the United States and Belgium of tbe 30th of June, 1882, does not contain any stipulation determining tbe conditions uuder which provisional arrest may be claimed from the Belgian Governmeut and reciprocally from tbe Government of tbe United States. His excellency further states that until 1886 the telegraphic requests of tbe Belgian Government for sucb arrest had been welcomed by tbe Secretary of State of tbe United States and the judicial authorities in this country ; but Ibat a change then took place. The Belgian Government, he states, having solicited tbe temporary arrest of two fugitives, named Mandolins and Edelhausen, the Secretary of State informed His Belgian Majesty's representative at Washington, on tbe 2d of August, 1886, that, although tbe Department of State had in some preced- ing cases issued a warrant with a view to tbe arrest of fugitive criminals without waiting for the presentation of formal evidence of the offense charged, such a proceeding would not be followed thereafter unless ex- pressly authorized by treaty stipulation. It is remarked, however, that in tbe note conveying this decision the Secretary of State observed that the provisions of section .5270 of the Revised Statutes of the United States were sufficient, in the absence of treaty stipulations, to cover the case then under consideration. But the minister of foreign affairs states that the judge at New York decided differently, and that subsequently the Belgian charge d'affaires at Washington unsuccessfully endeavored to secure an additional provision in tbe treaty to secure arrest ou telegraiibio informa- tion. 7 8 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 advjce in advance of a case arising. But in the view the Department takes of the subject these considerations are not material. it 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 couutry 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, iu 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, saying that in its opinion the provisions of section 5270 of the Revised Statutes of the United States were sufficient 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 iu that of for- gery, mentioned iu the third article of the treaty ; and referred to the re- quest coutained in his note of the 4th of December in respect to the fugi- tive's arrest. On the 15th 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, e»q., 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 prisoner 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 StMes 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 committed within the 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 be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign Government for the surrender of such person, according to the stipulations of the treaty or con- vention ; and he shall issue his wari'ant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.' "There is no evidence in this record, at least there is no copy of any de- mand or requisition made by the Mexican authorities upon our Goverumeut for the extradition of this prisoner. The proceedings, therefore, up to this time rest upon the initiative authorized by the statutes upon that 8ubjeet,the 10 Mexican Government, however, being represented by counsel, and the cor- respondence with its officers which was introduced into the record showing their interest in the matter and their purpose to have this prisoner brought to that country for trial. " The treaty under which this right to arrest the prisouer and detain him for extradition is asserted was concluded at Mexico, December 11, 1861, and proclaimed by the President of the United States June 30, 1863 (13 Stat., 1199). It has the usual provisions, that the contracting parties shall, on requisitions made in their name, deliver up to justice persons who, being accused of the crimes enumerated in article 3, committed within the jurisdic- tion of the requiring party, shall seek an asylum or shall be found within the territories of the other. » » » "As the case appears before us, on the transcript of the evidence pro- duced before Commissioner Lyman and before the circuit court on the writ of habeas corpus, it is considerably confused, but very full and elaborate. Several questions in regard to the introduction of evidence, which were raised before the commissioner, some of tliem concerning the sufficiency of the authentication of papers and depositions taken in Mexico, and as to the testimony of persons supposed to be expert in the law of that country re- garding the subject, are found in the record, which we do not think require notice here. The writ of habeas corpus, directed to the marshal of the southern district of New York, does not operate as a writ of error, and many of the orders and decisions madeby the commissioner at the hearing which took place before him become unimportant in the examination of the sufficiency of the proceedings under which he ordered the prisoner into cus- tody. The main question to be considered upon such a writ of habeas cor- pus must be : Had the commissioner jurisdiction to hear and decide upon the complaint made by the Mexican consul ; and also, was there sufficient legal ground for his action in committing the prisoner to await the requi- sition of the Mexican authorities ? " In regard to the jurisdiction of the commissioner to hear the complaint no doubt can be entertained." And after a full examination of the case the judgment of the Supreme Court was concluded as follows : " We are of opinion that the decision of Commissioner Lyman committing the prisoner to the custody of the marshal to await the requisition of the Mexican Government was justiiied, and the judgment of the circuit court disniissiug the writ of habeas corpus is accordingly affirmed." This judgment settles the point that under section 5270 of the Revised Statutes of the United States a fugitive from the justice of a Government with which the Government of the United Stateshas a treaty or convention of extradition may be arrested in thiscountry and held for examination on a charge of having committed in the foreign country an offense specified in such treaty or convention without auy previous intervention on the part of the President or proof that a requisition has been made. Under this statute is it believed that there exists in the United States a very lib- eral system of provisional arrest and detention of fugitives from foreign justice, under which, upon oaths made on information and belief (a require- ment which the preliminary mandate I'oroierly issued by the Executive did not dispense with), euohfugitivos are constantly arrested and held without 11 interference on the part of the executive branch of the Government of the United States to await examination before oni' judicial magistrates in ac- cordance with oar laws. No time is specified during which a fugitive may be so held ; but the judicial officer decides in each case what term is rea- sonable under all the circumstances for the detention of the fugitive pend- ing the reception of the formal proofs of his culpability and their examina- tion. Save in cases in which the question of the necessity of executive in- terference was formerly raised, this Department has received no complaints of the refusal of j udicial magistrates to grant proper facilities. On the con- trary, it is believed that such magistrates have generally constimed their powers with as much liberality as is consistont with the security which all persons, both citizens and foreigners, should enjoy against unfounded arrest and detention. It is hoped that this statement will prove satisfactory to the Belgian Gov- ernment in respect to the subject of provisional arrests in the United States, and you are at liberty to communicate a copy of this paper to his excel- lency the minister of foreign atfairs. I am, sir, your obedient servant, T. F. Bayard. [In closure 1.] Mr. Bomero to Mr. Bayard. [Translation.] Legation op Mexico, Washington, December 4, 1886, (Received December 4.) Mr. Secretary : I have the honor to inform you that I have received in- structions from my Government, by telegraph, to apply to that of the United States for the extradition of a German named M. K. Mayer, who has been gnilty of a swindling operation in the City of Mexico, having repre- sented himself to be Mr. Abbey's agent for the sale of season tickets for the opera of Madame Adelina Patti's company, and having absconded from that city after fraudulently securing upwards of $20,000. To-day's papers have published the particulars of this swindle. Mayer appears to have gone in the direction of El Paso, Texas, on his way to this country. He is a short and stou t man, of light complexion, with "black hair, heavy moustache, and about forty years of age. Pending the receipt of the necessary documents from the Mexican authori- ties, making application for his extradition, I will thank you, Mr. Secre- tary, if you have no objections, to cause orders to be issued for Mayer's arrest, so that the ends of justice may not be defeated by his escape. Be pleased, etc., M, Romero, 12 [Tnclosure 2.] Mr. Bayard to Mr. Romero. Depaktment op State, Washington, December 8, 1886. Sie: Referring to yonr note of the'4th instant, stating that a German, named M. R. Mayer, wlio has been guilty of a swindling operation in the City of Mexico, having fraudulently obtained upwards 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 Adeliua Patti, is \ elieved 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 yon 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 oflfenses enumerated in the treaty of December 11, 1861, which regulates the subject of extradition between the United States and Mexico. Accept, etc., T. F. Bayakd. [Incioaure 3.] Mr. Romero to Mr. Bayard. [Translation.] Mexican Legation, Washington, December 8, 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 reports pub- lished by the papers of New York, appears 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 Adeliua Patti, you were pleased to state to me that, in the opinion of your Department, the provisions of section .5270 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 ray 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 offense 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 13 agent of Mr. Abbey, and under that name issued tickets and gave receipts for the money which was paid to him. I have already given instructions to the Mexican consuls at El Paso and Laredo, Texas, and in the cities of New York and New Orleans, to go he- fore the judges of the respective districts for the purpose of procuring the arrest of Bonrton, in compliance with the provisions of section 5270 of the Revised Statutes of the United States ; but these instructions will be in- sufficient If the aforesaid consuls be not aideH 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 Ipstant 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. KOMERO. [Inclosure 4.] Mr. Bayard to Mr. Romero. Department op State, Washington, December 15, 1886. Sir : Referring to your note of the 8th instant, relative to the case of Marcus E. Mayer, alias Charles Bourton, charged with obtaining money iu the City of Mexico by the fraudulent sale of tickets for the operatic per- formances of the company of Madame Adelina Patti, I have 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, 1861, is not, in my judgment, authorized to advise or instruct the police in the various lo- calities named in your note to exert vigilance in the apprehension of the fugitive. As has already been pointed out, the provision of section 5270 of the Re- vised Statutes are deemed sufficient for the purpose of obtaining the fugi- tive's arrest, and unless some other way is prescribed by treaty those pro- visions contain the only method prescribed by the laws of the United States for the institution of proceedings in extradition. Under that law extradition proceedings are initiated, like any other criminal prosecution, by the issuance of a warrant of arrest by a competent magistrate upon evi- dence required by statute of the commission of the offense charged. The arrest of the fugitive upon 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. P. Bayard. 14 flnclosure 6.] Mr. Romero to Mr. Bayard. [Translation.] Mexican L-bgation, Washington, December 15, 1886. (Received December 16.) Mr. Seceetary : I have had the honor 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 contaiued in section 5270, Revised Statutes of the United States. I am convinced that the Department of State has no power to intervenie in this matter, conformably with thelaws of this country, and consequently I Withdraw the requests 1 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 in my two notes. Be pleased, etc., M. Romero. Appendix B. EXTRADITION TREATIES OF THE UNITED STATES "WITH FOREIGN POWERS, WITH AN ANALYSIS. AUSTRIA-HUKGARY. Concluded July 3, 185G: Batifioatiovs exchanged at Washington December 13, 1856 ; Proclaimed Decemh&r 15, 1856. Whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the parties, respectively, that persons committing certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; and also to enumerate such crimes explicitly; and whereas the laws of Austria forbid the surrender of its own citizens to a foreign 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 surrender citizens of the United States ; therefore, on the one part the United istates 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 respective Plenipotentiaries, 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 Hiilsemann, 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: Aeticlb 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 all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or ar.son, or robbery, or forgery, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, com- mitted within the jurisdiction of either party, shall seek an asylum or shall be found within the territories of the other: Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had there been committed; and the respective judges and other magistrates of the 15 16 two Governments shall have power, jurisdiction and authority, upon com- plaint made nndor oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other 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. 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 Jan- uary, eighteen hundred and fifty-eight; and if neither party shall have given to the other six months' 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 the 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 pos- 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 Independ- ence of the United States the eightieth. [SEAL.] W. L. Marcy. [seal.] HtfLSEMANN. 17 BADEN. Concluded January 30, 1857; Eatifications exclianged at Berlin April 21, 185t ; Proclaimed May 19, 1857. "Whereas it is found expedient, for the better administration of justice and the prevention of crime -within 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 ]aws and constitution 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 part the United States of America, and on the other part His Royal Highness the Grand Duke of Baden, hav- ing 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 Bieberstein, His said Royal High- ness's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of Prussia, &c., &c., &c. ; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles : Akticle 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, whether coin or paper money, or the embezzlement of public moneys, com- mitted within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other : Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed ; and the respective judges and other magis- trates of the two Governments shall have power, jurisdiction, and author- ity, upon complaint made under oath, to issue a warrant for the apprehen- sion of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminalty may be heard and considered; and if, on such hearing, the evidence be deemed suflScient to sustain the charge, it shall be the duty of 204A 2 is 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' 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 liave 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 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 ; aud 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, one 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 dc Bibbbrstein. 19 BAVARIA. Concluded September 12, 1853; Ratifications exchanged at London Novemher 1, 1854 ; Proclaimed Novemler 18, 1854. The United States'of America and His Majesty the 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 ofleuders, 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 oflfenses 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 the 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 : Article I. The Government of the United States and the Bavarian Government promise and engage, upon mutual requisitions by them or their ministers, officers or authorities, respectively made, to deliver up to justice all per- sons who, beirg charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utter- ance of forged papers, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, com- mitted within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other : Provided, That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed ; and the respective judges and other magis- trates of the two Governments shall have power, jurisdiction and authority. 20 upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may he bronght before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered ; and if, on such hearing, the evi- dence he deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall he borne and de- frayed by the party who makes the requisition and receives the fugitive. Article II. The stipulations of this convention sh9,ll be applied to any other State of the German Confederation which may hereafter declare its accession thereto. Article III. None of the contracting parties shall be bound to deliver up its own citi- zens or subjects under the stipulations of this convention. Article IV. Whenever any person, accused of any of the crimes ennmerated in this convention, shall have committed a new crime in the territories of the State where he has sought an asylum or shall he found, such person shall not be delivered up under the stipulations of this convention until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. Article V. The present convention shall continue in force until the first of Jan- uary, one thousand eight hundred and fifty-eight ; and if neither party shall have given to the other six; months' previous notice of its Intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention ; each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty-eight. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Gov- ernment of Bavaria, and the ratifications shall, be exchanged in London within fifteen months from the date hereof, or sooner if possible. In faith whereof the respective Plenipotentiaries have signed this con- vention and have hereunto affixed their seals. Done in duplicate, in London, the twelfth day of September, one thou- sand eight hundred and fifty-three, and the seventy-eighth year of the independence of the United States. tSEAL.] James Buchanan. [seal.] ^_ de cetto. 21 BELGIUM. Concluded March 19, 1874 ; Batifications exchanged at Brussels Jpril 30, 1874 ; Proclaimed May 1, 1874. The United States of America and His Majesty the King of the Belgians having judged it expedient with a view to the better administration of jus- tice, and to the prevention of crimes within their respective territories and jurisdiction that persons convicted of, or charged with, the crimes hereinaf- ter specified, and being fugitives from justice should, under certain circum- stances, be reciprocally delivered up, have resolved to conclude a conven- tion for that purpose, and have appointed as their Plenipotentiaries : the President of the United States of America, Hamilton Fish, Secretary of State of the United States ; and His Majesty the King of the Belgians, Maurice Delfosse, His Majesty's Envoy Extraordinary and Minister Plenipotentiary in the United States, who after reciprocal communication of their full powers, found in good and due form, have agreed upon the following arti- cles, to wit : Article I. The Government of the United States and the Government of Belgium mutually agree to deliver up persons, who having been convicted of, or charged with any of the crimes specified in the following Article, committed within the jurisdiction of one of the contracting parties, shall seek an asy- lum, or be found within the territories of the other : Provided that this shall only be done 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 be charged, according to the provisions of this CoHvenlion, 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. The crimes 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. 4. 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, goods or money 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 22 breaking in by climbing or forcibly ; and thefts committed with violence or by means of threats. 5. The crime of forgery, by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign or government acts. 6. The fabrication or circulation of counterfeit money either coin or paper, or of counterfeit public bonds, bank notes, <. bligations or, in general, anything being a title or instrument of credit ; the counterfeiting of seals, dies, stamps and marks of state and public administrations, and the utter- ance thereof. 7. The embezzlement of public moneys committed within the jurisdiction of either party by public officers or depositaries. 8. Embezzlement by any person or persons, hired or salaried, to the detri- ment of their employers when the crime is subject to punishment by the laws of the place where it was committed. Article III. The provisions of this treaty shall not apply to any crime or offence of a political character nor to any crime or offence committed prior to the date of this treaty, except the crimes of murder and arson, and the person or persons delivered np 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 of 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. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular officers. If the person whose extradition may be asked for shall have been con- victed of a crime, a copy of the sintence of the court in 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 crime, a duly anthenticated copy of 23 the warrant for his arrest in the country where the crime may have heen committed and of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. ThePresidentof the United States, or the proper executive authority in Belgium, may then is- sne 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 pursuant to the treaty, the fugitive may be given up ac- cording to the forms prescribed in such cases. Aeticlb 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. Article 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 five 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 soon thereafter as possible. In witness whereof the respective Plenipotentiaries have signed the pres- ent Convention in duplicate, and have thereunto affixed their seals. Done at the city of Washington, the 19th day of March, Anno Domini one thousand eight hundred and seventy-four. [SEAL.] Hamilton Fish. [seal.] Maurice Deleosse. ConcJudeS, June 13, 1882 ; Batifications exchanged at Washington November 18, 1882; Proclaimed November 20, 1882. The United States of America and his Majesty the King of the Belgians, having judged it expedient with a view to the better administration of j ustice and the prevention of crime within their respective territories and jurisdic- tions, that persons charged with or convicted of the crimes and offences hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to con- clude a new Convention for that purpose, and have appointed, as their Plenipoteatiaries : the President of the United States, Frederick T. Freliug- huysen. Secretary of State of the United States ; and His Majesty the King of the Belgians, Mr. Theodore de Bounder de Melsbroeck, Commander of His Order of Leopold, etc., etc.. His Envoy Extraordinary and Minister Plenipotentiary near the Government of the United States; who, after 24 Laving communicated to each other their respective full powers found in good and due form, have agreed upon and concluded the following articles : Article I. The Government of the United States and the Government of Belgium, mutually agree to deliver up persons who, having been charged, as prin- cipals or accessories, with or convicted of any of the crimes and offences specified in the followius); 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 snch 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 and 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 rape. 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, and thefts committed with violence or by means of threats. 7. The crime of forgery, by which is understood the utterance of forged papers, and also the counterfeiting of 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. 25 12. Beception of articles obtaiued by means of one of the crimes or offences provided for by the present convention. Extradition may also be granted for the attempt to commit any of the crimes above enumerated when such attempt is punishable by the laws of both contracting parties. Article III. A person surrendered under this convention, shall not be tried or punished In the country to which his extradition has been granted, nor given up to a third power for a crime or offence, not providedfor by the present con- vention and committed previously to his extradition, until he shall have been allowed one month to leave the country after having been discharged ; and, if he shall have been tried and condemned to punishment, he shall be allowed one month after having suffered his penalty or having been par- doned. He shall moreover not be tried or punished for any crime or offence pro- vided for by this convention committed previous to his extradition, other than that which gave rise to the extradition, without the consent of the Government which surrendered him, which may, S' it thiukproper, require the production of one of the documents mentioned iu Article 7 of this con- vention. The consent of that Government shall likewise be required for the extra- dition of the accused to a third country ; nevertheless such consent shall not be necessary when the accused shall have asked of his own accord to be tried or to undergo his punishment, or when he shall not have left within the space of time above specified the territory of the country to which he has been surrendered. Article IV. The provisions of this convention shall not be applicable to persons guilty of any political crime or offence or of one connected with such a crime or offence. A person who has been surrendered on account of one of the common crimes or offences mentioned in Article II., shall consequently in no case be prosecuted and punished iu the state to which his extradition has been granted on account of a political crime or offence committed by him previously to his extradition or on accoui t of an act connected with such a political crime or offence, 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 suffered his punishment or having been par- doned. 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 offence or an act connected with such an offence. Article V. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulatious of this convention. 26 Akticlb "VI. If the person whose surrender may be claimed pursuant to the stipula- tions of the present treaty shall have been arrested for the commission of oifences 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 "VII. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular officers, If the person, whose extradition may be asked for shall have been con- victed of a crime or offence, 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 the 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, 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 issue a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for ex- amination. If it should then be decided that, according, to the law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be giveu 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 found shall nevertheless be respected. 27 Akticle XI. The present convention stall take eflfect thirty days after the exchange of ratifications. After it shall have taken effect, the convention of March 19, 1874, shall cease to he in force and shall be superseded by the present convention which shall continue to have binding 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 afBxed their seals. Done in duplicate, at the city of Washington, this thirteenth day of June, 1882. fSBAL.] Feedk. T. Frelinghuysen. [seal.] Thre. de Bounder de Melsbroeck. BREMEN. Concluded September 6, 1853 ; Batifications exchanged at Wasliingion October 14, 1853 ; Proclaimed October 15, 1853. [Translation.] Whereas a Convention for the mutual delivery of criminals fugitives from justice, in certain cases, between Prussia and other states of the Germanic Confederation, on the one part, and the United States of North America on the other part, was concluded at Washington, on the 16th June, 1852, by the Plenipotentiaries of the contracting parties, and was subsequently duly ratified on the part of the contracting governments; and whereas, pursu- ant to the second article of the said convention, the United States have agreed that the stipulations of said convention shall be applied to any other State of the Germanic Confederation which might subsequently declare its accession thereto : Therefore the Senate of the free Hanseatio city of Bre- men accordingly hereby declares their accession to the said convention of the sixteenth June, 1852, which is literally as follows : [A copy of the Convention of the sixteenth of June, 1852, between the United States and Prussia and other Germanic States is here inserted :] And hereby expressly promises that all and every one of the articles and provisions contained in the said convention shall be faithfully observed and executed within the dominion of the free Hanseatic city of Bremen. In faith whereof the President of the Senate has executed the present dec- laration of accession, and has caused the groat seal of Bremen to be affixed to the same. Done at Bremen the sixth day of September, eighteen hundred and fifty- three. The President of the Senate, [SEAL.] Smidt. Bkbuls, Secretary'. 28 DOMINICAJf EBPUBLIC. Concluded February 8, 1867 ; Satification exchanged at Santo Domingo October 5, 1867 ; Proclaimed October 24, 1867. Article XXVII. The United States of America and the Dominican Eepnblic, on requisitions made in their name through the medium of their respective Diplomatic and Consular agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum, or shall be found within the territories of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found ; in all of which the tribunals of said country shall proceed and decide accord- ing to their own laws. Article XXVIII. Persons shall be delivered up according to the provisions of this conven- tion, who shall be charged with any of the following crimes, to wit : Mur- der, (including assassination, parricide, infanticide, and poisoning;) at- tempt to commit murder; rape; forgery; the counterfeiting of money; arson; robbery with violence, intimidation, or forcible entry of an inhab- ited house ; piracy ; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are sub- ject to infamous punishment. Article XXIX. On the part of each country the surrender shall be made only by the au- thority of the Executive thereof. The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand. Article XXX. The provisions of the foregoing articles relating to the surrender of fugi- tive criminals shall not apply to offences committed. before the date here- of, nor to those of a political character. ECUADOR. Concluded June 28, 1872 ; Batifieations exchanged at Qmto November 12, 1873 ; Proclaimed December 24, 1873. The United States of America and the Eepublic of Equador havino- deemed it conducive to the better administration of justice and the preven- tion of crime within their respective territories, that all persons convicted of, or accused of the crimes enumerated below, being fugitives from justice shall be, under certain circumstances reciprocally delivered up, have re- 29 solved to conclude a treaty upon tlie subject, and the President of the United States has for this purpose named Rumsey Wing, a citizen of the United States, and their Minister Resident iu Ecuador, as Plenipotentiary on the part of the United States ; and the President of Ecuador has named Francisco Tavier Leon, Minister of the Interior and of Foreign Affairs, as Plenipotentiary on the part of Ecuador ; who having reciprocally commu- nicated their full powers, and the same having been found in good and due form, have agreed upon the following articles, viz: Article I. The Government of the United States, and the Government of Ecuador mutually agree to deliver up such persons as may have heen convicted of, or may be accused of the crimes set forth in the following article, commit- ted within the jurisdiction of one of the contracting parties, and who may have sought refuge, or be found within the Territory of the other : it being understood that this is only to he done when the criminality shall be proved in such manner that according to the laws of the country, where the fugi- tive or accused may he found such persons might be lawfully arrested and tried, had the crime been committed within its jurisdiction. Article II. Persons convicted of or accused of any of the following crimes shall be de- livered up, in accordance with the provisions of this Treaty. Ist. Murder, including assassination, parricide, infanticide and poison- ing. 2nd. The crime of rape, arson, piracy, and mutiny on ship-board when the crew or a part thereof, by fraud or violence against the commanding officer have taken possession of the vessel. 3rd. The crime of burglary, this being understood as the act of breaking or forcing an entrance into another's house with intent to commit any crime, and the crime of robbery, this being defined as the act of taking from the person of another, goods or money with criminal intent, using violence or intimidations. 4th. The crime of forgery : which is understood to be the wilful use or circulation of forged papers or public documents. 5th. The fabrication or circulation of counterfeit mouey,either coin or paper, of public bonds, bank bills and securities, and in general of any kind of titles to or instruments of credit, the counterfeiting of stamps, dies, seals and marks of the State, and of the administrative authorities, and the sale or circulation thereof, 6th. Embezzlement of public property, committed within the jurisdiction of either party by public officers or depositaries. Article III. The stipulations of this treaty shall not be applicable to crimes or of- fences of a political character ; and the person or persons delivered up charged with the crimes specified in the foregoing article shall not be pros- ecuted for any crime committed previously to that for which his or their extradition may be asked. 30 Article IV. If the person whose extradition may have beeu applied for in accordance with the stipulations of the present treaty, shall have been arrested for of- fences committed in the country where he has sought refuge, or if he shall have been sentenced therefor, bis extradition may be deferred until his ac- quittal, or the expiration of the term for which he shall have been sen- tenced. Article V. Requisitions for the extradition of fugitives from justice shall be made by the respective diplomatic agents of the contracting parties, or in case of the absence of these from the country or its capital, they may be made by superior Consular officers. If the person whose extradition is asked for shall have been convicted of a crime, the requisition must be accom- panied by a copy of the sentence of the Court that has convicted him, au- thenticated under its seal, and an attestation of the official character of the judge who has signed it, made by the proper executive authority ; also by an autheutication of the latter by the Minister or Consul of the United States or Equador respectively. On the contrary however, when the fugi- tive is merely charged with crime, a duly authenticated copy of the war- rant for his arrest in the country where the crime has been committed, and of any evidence in writing upon which such warrant may have been is- sued, must accompany the aforesaid requisition. The President of the United States or the proper executive authority of Ecuador, may then or- der the arrest of the fugitive, in order that he may be brought before the JKdioial authority, which is competent to examine the question of extradi- tion. If, then, according to the evidence and the law, it be decided that the extradition is due in conformity with this treaty, the fugitive shall be de- livered up, according to the*forms prescribed in such cases. Article VI. The expenses of the arrest, detention and transportation of persons claimed, shall be paid by the Government in whose name the requisition shall have been made. Article VII. This treaty shall continue in force for ten years from the day of the ex- change of ratifications, but in case neither party shall have given to the other one year's previous notice of its intention to terminate the same, then this treaty shall continue in force for ten years longe r, and so on. The present treaty shall be ratifled, and the ratifications exchanged in the Capital of Ecuador, within two months from the day on which the ses- sion of the coming Congress of Ecuador shall terminate, which will be in October, 1873. In testimony whereof the respective Plenipotentiaries have signed the present treaty in duplicate, and have hereunto affixed their seals. Done in the city of Quito, Capital of the Republic of Ecuador, this twenty-eighth day of June one thousand eight hundred and seventy-two. [seal.] Rumsey Wing. [se/ll.] Francisco Tavier Leon. 31 FRANCE. Concluded November 9, 1843; Ratifications exchanged at Washington April 1^, 1844 ; Proclaimed April 13, 1844. The United States of America and His Majesty the King of the French having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enu- merated, and being fugitives from justice, should, under certain circum- stances, be reciprocally delivered up, the said United States of America and His Majesty the King of the French have named as their Plenipotentiaries to conclude a convention for this purpose : That is to say, the President of the United States of America, Abel P. Up- shur, Secretary of State of the United States, and His Majesty the King of the French, the Sieur Pageot, officer of the Eoyal Order of the Legion of Honor, his Minister Plenipotentiary, ad interim, in the United States of America ; Who, after having communicated to each other their respective full pow- ers, found in good and due form, have agreed upon and concluded the fol- lowing articles : Article I. It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, committed within the jurisdiction of the re- quiring party, shall seek an asylum, or shall be found within the territories of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be 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 committment for trial, if the crime had been there committed. Article II. Persons shall be so delivered up who shall be charged, according to the provisions of this convention, with any of the following crimes, to wit : Murder, (comprehending the crimes designated in the French penal code by the terms, assassination, parricide, infanticide and poisoning,) or with an attempt to commit murder, or with rape, or with forgery, or with arson, or with embezzlement by public officers, when the same is punishable with infamous punishment. Article III. On the part of the French Governmefit, the surrender shall be macJe only by authority of the Keeper of the Seals, Minister of Justice ; and on the part of the Government of the United States, the surrender shall be made only by authority of the Executive thereof. 32 Article IV. The expeuses of any tletentiou 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. ' Aeticlis 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 oifence of a purely political character. Article VI. This convention shall continue in force until it shall be abrogated by the contracting parties, or one of them ; but it shall not be abrogated, except by mutual consent, unless the party desiring to abrogate it shall give six months' 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. [SBAL.] A. P. Upshur. [seal.] A. Pagbot. ADDITIONAL AETICLE TO THE TKEATT OF NOVEMBER 9, 1843. Concluded February 24, 1845 ; Ratifications exchanged at Paris June 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 qualifi^ crime, not being embraced in the second article of the convention of extradition concluded between the United States of America and France, on the ninth of November, 1843, it is agreed by 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. [8KAL.1 j^. Pagbot. 33 AN ADDITIONAL ARTICLE TO THE CONVENTIONS OF NOVEMBER 0, 1843, AND FEBRUARY 24, 1815. Concluded Feinianj 10, 1858; Satifications exchanged at Ti^asUnglon February 12, 1859; Proclaimed February 14,1859. It is agreed between the high contracting parties that the provisions of the treaties for the mutual extradirion of criminals between the United States of America and France, of November 9th, 1843, and February S4th, 1845, aud now in 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 persou or persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment. In witness whereof the respective Plenipotentiaries have signed the pres- ent article in triplicate, and have affixed thereto the seal of their arms. Done at Washington the tenth of February, 1858. [SEAL.]. Lew. Cass. [seal.] Sartiges. GREAT BBITAIIS^. Concluded November 19, 1794 ; Ratification exchanged at London October '28, 1795 : Prflclaimed February 29, 1796. Article XXVIJ. 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 authorized to make the same, will deliver up to justice all persons who, being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other, provided that tliis shall only be done on such evidence of criminality as, according to the laws of the ace, where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the ofl'ense had there been committed. The expence of such apprehen- sion and delivery shall be borne and defrayed by those who make the requi- sition aud receive the fugitive. AKncLE XXVIII. It is agreed that the first ten articles of this treaty shall be permanent, and that the subsequent an icles, except the twelfth, shall be limited in their duration to twelve years, to be computed from the day on which the ratifications of this treaty shall be exchauged.* * The ratifications were exchauged October 28, 1795, and the 27th article exj)ired in 1807. 204A-^ — 3 Concluded August 9, 1842; Batifwations exolianged at London October i:?, 1842; proclaimed November 10, 1842. Article X. It is agreed that the United States and Her Britaunio Majesty shall, upon nuitnal requisitions by them, or their Ministers, officers, or authorities, re- spectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with iutent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylnm or shall be found within the territories of the other: Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be fouud, would jnstify his apprehension and commitment for trial if the crime or offense had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon com- plaint made under oath, to issue a warrant for the apprehension of the fugi- tive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality maybe heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examin- ing judge or magistrate to certify the same to the proper executive author- ity, that a warrant may issue for ihe surrender of sucli fugitive. The ex- pense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Article XI. The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer. HAKOVER.* Concluded January 18, 1855; Batifications exchanged at London April 17, 1855; Proclaimed May 5, 1855. The United States of America and His Majesty the King of Hanover actuated by an equal desire to further the administration of justice, and to prevent the commission of crimes in their respective countries, takiug into consideration that the increased means of communication between Europe and America facilitate the escape of oflenders, and that conse- quently provision ought to be made in order that the ends of justice shall not be defeated, have determined to conclude an arrangement destined to regulate the course to be observed in all cases with reference to the extra- dition of such individuals as, having committed any of the offenses here- • Terminated by absorption of Hanover by Prussia. 35 after enumerated in one country, sliall have taken refuge within the terri- tories of the other. The constitution and laws of Hanover, however, not allowing the Hanoverian Government to surrender their own snbjects for trial before a foreign court of justice, a strict reciprocity requires that the Government of the United States shall be held equally free from any ob- ligation to surrender citizens of the United States. For which purposes the high contracting Powers have appointed as their Plenipotentiaries: The President of the United States, James Buchanan, Envoy Extraor- dinary and Minister Plenipotentiary of the United States at the Court of the United Kingdom of Great Britain and Ireland; His Majesty the Kin^ of Hanover, the Count Adolphus vou Kielmausegge, his Envoy Extraor- dinary and Minister Plenipotentiary to Her Britannic Majesty, Grand Cross of the Order of the Guelphs, &c., &c.; Who, after reciprocal communication of their respective full powers, found in good and due form, have agreed to the following articles: Article I. The Government of the United States and the Hanoverian Government promise and engage, upon mutual requisitions by them, or their Ministers, officers, or authorities respectively made, to deliver up to justice all per- sons who, bping charged with the crime of mnrder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utter- ance of forged papers, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys, committed within the jurisdiction of either party, 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 apprehension and commitment for trial if the crime or oifence had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upou complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and If, on such hearing, the evidence be deemed sufScieut to sustain the charge, it shall he the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the sur- render of such fugitive. The expense of such apprehension and delivery shall be borne and de- frayed by the party who makes the requisition and receives the fugitive. « Article II. The stipulations of this convention shall he applied to any other State of the Germanic Confederation which may hereafter declare its accession thereto. , Article III. None of the contracting parties shall be bound to deliver up its own suli- jects or citizens under the stipulations of this convention. '66 Article IV. Whenever any person accused of any of tLe crimes enumerated in this convention shall have committed a new crime in the territories of the State wlierehe has sought an asylum, or shall be found, such person shall not lie delivered np, under the stipulations of this convention, until he shall have been tried and shall have received the punishment due to such new crime, or shall have been acquitted thereof. ArtiClk V. The present convention shall continue in force until fbe first of Jan- uary, one thousand eight hundred and fifty-eight ; and if neither party shall have given to the other six months' previous notice of its inteution then to termiuate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention, each of the high contracting parties reserving to itself the right of giving such notice to the other at any time after the expiration of the said first day of January, one thousand eight hundred and fifty-eight. Article VI. The present convention shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by the Gov- ernment of Hanover, and the ratifications shall be exchanged in London within three months from the date hereof, or sooner if possible. In faith whereof the respective Pleuipotentiaries have sigued this con- vention, and have hereunto affixed their seals. Done in duplicate in London, the eighteenth daj' of January, one thousand ■ eight hundred and fifty-five^ and the seventy-ninth year of the independ- ence of the United States. [seal.] Jamks Buchanan. [seal.] a. klklmansegge. HAWAIIAN ISLANDS. Concluded Becember 20, 1849 ; RatificaHons exchanged at Honolulu, August 24, 1850 ; proclaimed Noveniber 9, 1850. • Article XIV. The contracting parties mutually agree to surrender, upon official requisi- tion, to the authorities of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery, or the ntterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other; provided that this shall only be done upon such evi- dence of criminality as, according to Ihe laws of the place where the per- son so charged shall be found, would justify his apprehensiou and com- 37 mitnieut for trial, if the Crime liad there, been committed. Aud the re- spective judges and other magistrates of the two Governments shall have anthority, npon complaint made under oath, to issue a warrant for the apprehension of the person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered ; aud if, ou such hearing, the evi- dence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive anthority, that a warraut may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who mates the requisition and receives the fugitive. HAYTI. Conclnded Novemher 3, 1864 ; Salifications exclianged at Washington May 22, 1865 ; proclaimed July 6, 1865. Article XXXVIII. It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplomatic agents, deliver np to justice persons who, being charged with the crimes enumer- ated in the following article, committed within the juriaUiotion of the re- quiring party, shall seek an asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their appre- hension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found ; in all of which the tribunals of said country shall proceed and decide according to their own laws. Article XXXIX. Persons shall be delivered np, according to the provisions of this treaty, who shall be charged with any of the following crimes, to wit: murder, (including assassination, parricide, infanticide, and poisouiug,) attempt to commit murder, piracy, rape, forgery, the counterfeiting of money, the utterance of forged paper, arson, robbery, aud embezzlement by public officers, or by persons hired or salaried, to the detriment of their employ- ers, wh«n these crimes are subject to infamous punishment. Article XL. The surrender shall be made, on the part of each country, only by the authority of the Executive thereof. The expenses of the detention and de- livery, effected in virtue of the preceding articles, shall be at the cost of the party maki.ig the demand. 38 Article XLI. Theprovisionsof the foregoing articles relating to tlie extradition of fugi- tive crimiuals shall not apply to oll'ences committed befoi'e the date hereof, nor to those of a political character. Neither of the contracting parties shall be bound to deliver up its owu citizens under the provisions of this treaty. ITALY. Concluded March 23, 1868 ; Batifications exchanged al Washington September- 17, IS&d^'proelaimedSeptemUrZO, 1868. The United States of America and His Majesty the King of Italy, having judged it expeilient, 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, andhaveappoiuted as Iheir Plenipotentiaries : The President of the United States, William H. Seward, Secretary of State: His Majesty the King of Italy, the Commander Marcello Cerruti, Envoy Extraordinary and Minister Plenipotentiary ; Who, after reciprocal communication of their full powers, found in good and dne form, have agreed upon the following articles, to wit: Article I. The Governmeut of the United States and 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 jurisdiction of one of the contracting parties, shall seek an asylum or be fouud 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 be 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. :!. The crimes 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. 39 4. The crime of burglary, deflaod to be the action of breaking acid enter- ing 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 money, by violence or putting him iu 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 fabrication or circulation of counterfeit money, either coin or paper, of public bouds, bank-ijotes, and obligatious, and in general of any title and instrument of credit whatsoever, the counterfeiting of seals, dies, stamps, and marks of State and public administrations, and the utterance thereof. 7. The embezzlement of public moneys, committed within the jurisdic- tion of either party, by public officers or depositors. 8. Embezzlement by any person or persons hired or salaried, to the detri- mentof their employers, when these crimes are subject to infamous punish- ment. AltTIOLlS 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 stipula- tions of the present treaty, shall have been arrested for the commission of offences in the country where he has sought an asylum, or shall have been convicted thereof, his extradition may be defended until he shall have been acquitted, or have served the term of imprisonment to which he may have been sentenced. Article V. 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 ofSoers. If the person whose extradition may be asked forshallhave been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenticated uuder its seal, and an attestation of the official character of the judge by the proper ex- ecutive authority, and of the latter by the Minister or Consul of the United States or of Italy, respectively, shall accom^'any 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, or of the depositions upon which such warrant may have been issued, must accompany the requisition as afore- 40 said. The Presidentof the United States, or the proper executive authority in Italy, may then issne a warrant for the apprehension of the fugitive, in order that he may be brought before the proper judicial authority for ex- amination. If it should then be decided that, according to law and the evidence, the extradition isdne pursuant to the treaty, the fugitive may be given up according to the forms prescribed in such cases. Articlb VI. The expenses of the arrest, detention, and transportation of the persons claimed, shall be paid by the Government in whose uame the requisition shall have been made. Article VII. This convention shall continue in force during five (.5) years from the day of exchange of ratifications ; bnt if neither party shall have given to tjie other six (6) 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 Washington, within six (6) months, and sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at Washington the twenty-third day of March, A. D. one thousand eight hundred and sixty-oiglit, and of the Independence of the United States the ninety-second. [SBAL.] William H. Sbw^ard. [SEAL.] M. CliJRRDTI. CONTENTION^ FOB THE EXTRADITION OF CRIMINALS FUGITIVE FROM JUSTICE, BEING ADDITIONAL ARTICLE TO THE CONVENTION OF MARCH 23, 1868. Concluded Januari/ 21, 1869; Eatificaiioiis exchanged at Wasliivgton May 7, 1869; proclaimed May 11, 1869. It is agreed that the concluding paragraph of the second article of the convention afortsaid shall be so amended as to read as follows : 8. Embezlement by any person or persons hired or salaried, to the detri- ment of their employers, when these crimes are subject to infamous punish- ment according to the laws of the United States, and criminal punishment according to the laws of Italy. In witness whereof, the respective Plenipotentiaries have signed the present article in duplicate, and have affixed thereto the seal of their arms. Done at Washington the 2l8t day of January, 1869. [SKAL.] William H. Seward. [SEAL.]. M. Cerruti. 41 SUPPLEMEi^TARY CONYEKTTIOJr TO TUE CONVENTION OF MAECH 23, 1868. ConcludedJnnell, 1884; Batificalions exclwitgedat Waslihif/ton Jpyil2i, 1885; proclaimed April 24, 1885. The President of the United Spates of America and His Majesty the King of Italy, being convinced of the necessity of adding some stipulations to the extradition convention conclnded between the United States and Italy on the 23d of March, 1868, with a view to the better administration of jus- tice and the prevention of crime in their respective territories and juris- dictions, have resolved to conclude a supplementary convention for this purpose, and have appointed as their Plenipotentiaries, to- wit: The Presi- dent of the United States, Frederick T. Frelinghuyseu, Secretary of State of the United States ; And His Majesty the King of Italy, Baron Saverio Pava, His Envoy Ex- traordinary and Minister Plenipotentiary at Washington ; Who, after reciprocal communication of their full powers, which were found to be in good and due form, have agreed upon the foUovring articles : ■ AltHCLK I. The following paragraph is added to the list of crimes on account of which extradition may be granted, as provided in Article II. of the afore- said convention of March 23, 1868 : 9. Kidnapping of minors or adults, that is to say, the detention of one or more persons for the purpose of extorting mouey from them or their fam- ilies, or for any other unlawful purpose. Article II. The following clause shall be inserted after Article V. of the aforesaid Convention of March 23, 1868 : Any competent judicial magistrate of either of the two countries shall be authorized after the exhibition of a certificate signed by the Minister of Foreign Affairs [of Italy] or the Secretary of State [of the United States] attesting that a requisition has been made by the Government of the other country to secure the preliminary arrest of a person condemned for or charged with having therein committed a crime for which, pursuant to this Convention, extradition may be granted, and on complaint duly made nnder oath by a person cognizant of the fact, or by a diplomatic or consular ofHcer of the demanding Government, being duly authorized by the latter, and attesting that the aforesaid crime was thus perpetrated, to issue a war- rant for the arrest of the person thus inculpated, to the end that he or she may be brought before the said magistrate, so that the evidence of his or her criminality may be heard and considered; and the person thus accused and imprisoned shall from time to time be remanded to prison until a formal demand for his or her extradition shall be made and supported by evidence as above provided; if, however, the requisition, together with the docu- ments above provided for, shall not be made, as required, by the diplomatic representative of the demanding Government, or, in his absence, by a con- sular officer thereof, within forty days from the date of the arrest of the accused, the prisoner shall be set at liberty. 42 Article III. These supplementary articles shall be consifiered as an integral part of the aforesaid original extradition convention of March 23, 1868, and to- gether with the additional article of January 21, 1869, as having the same valne and force as the Convention itself, and as destined to continue and terminate in the same manner. The present Convention shall be ratified, and the ratifications exchanged at Washington as speedily as possible, and it shall tate elifeot immediately after the said exchange of ratifications. In testimony whereof, the respective Plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. Done at Washington, this eleventh day of the month of Jnue in the the year of onr Lord one thousand eight hundred and eighty four. [seal.] Fredk. T. Frelinghuysen. [seal.] Fava. .TAPAN. Concluded April 29, 1886 ; Ratifications exehanyed at Tokio September 27, 18% ; proclaimed November 3, 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 jurisdictions, that persons charged with or convicted of the crimes or offences hereinafter named and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, they iiave named as their Plenipotentiaries 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 Inonye 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 Contracting Parties engage to deliver up to each other, under the circumstauoes 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 jurisdictiou of the one Party, shall be found within the jurisdiction of the other Party. Article II. 1. Murder, and assault with intent to commit murder. 2. Counterfeiting or altering money, or uttering or bringing into oiroula- 43 tion couuterfeit or altered money ; counterfeiting certificates or coupons of irablic indebtedness, bank notes, or other instrnmeuts 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 public funds, com- mitted within the jurisdiction of either party, by public officers or deposi- taries. 5. Robbery. 6. Burglary, defined to be the brealLing and entering 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 i.ffices 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 perjnry. 9. Rape. 10. Arson. 11. Piracy by the law of nations. 12. Murder, assault with intent to kill, and manslaughter, committed on tlie high seas, on board a ship bearing the flag of the demanding country. 13. Malicious destruction of, or attempt to destroy, railways, trams, ves- sels, bridges, dwellings, public edifices, or other buildings', when the act endangers human life. Article III. If the person demanded be held for trial in the country on which the de- mand is made, it shall be optional with the latter to grant extradition or to proceed with tho trial : Provided tliat, unless the trial shall be for the crime for which the fugitive is claimed, the delay shall not prevent ulti- mate extradition. Article IV. ■ If it be made to appear that extradition is sought witli a view to try or punish the person demanded for an otl'ense of a political character, sur- render shall not take place ; nor shall any person surrendered be tried or punished for any political offense committed previously to his extradition, or for any offense other than that in respect of which the extradition is granted. Akticle V. The requisition for extradition shall be made through the diplomatic agents of the contracting parties, or, in the event of the absence of these from the country or its seat of government, by superior consular officers. If the person whose extradition is requested shall have been convicted of a crime, a, copy of the sentence of the court in which he was convicted, authenticated under its seal, and an attestation of the official character of the judge by the proper executive authority, and of the latter by the Min- ister or Consul of the United States or of Japan, as the case may be, shall 44 accompany tLe requisitio-.i. Wbeu the fugitive is merely charged with crime, a duly authenticated copy of the warrarit of arrest in the oonntry making the demand and of the depositions on which snch warrant may have been issued, must accompany the requisition. The fugitive shall be surrendered only on such evidence of criminality as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime had been there committed. Article VI. On being informed by telegraph or other written communication through the diplomatic channel, that a lawful warrant has been issued by compe- tent authority upon probable cause for the arrest of a fugitive criminal charged with any of the crimes enumerated in Article II of this Treaty, and, on being assured from the same source that a request for the surren- der of such criminal is about to be made in accordance with the provisions of this Treaty, each Government will endeavor to procure so far as it law- fully may the provisional arrest of such criminal, and keep him in safe . custody for a reasonable time, not exceeding two months, to await the pro- duction of the documents upon which the claim for extradition is founded. Article VII. Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention, but they shall have the power to deliverthem up if in their discretion it be deemed proper to do so. AllTICLB VIII. The expenses of the arrest, detention, examiuatiou and transportation of the accused shall be paid by the Government which has requested the ex- tradition. Article IX. The present treaty shall come into force sixty days after the exchange of the ratificalions thereof. It may be terminated by either of them, butshall remain in force for six months after notice has been given of its termina- tion. The treaty shall be ratified, and the ratifications shall be exchanged at Washington, as soon as possibla. In witness whereof the respective Pleuipotentiaries 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.] Inouye Kaoru. "Ill theprotoe.olof exchange of the ratifications of this treaty, signed by the Plenipotentiaries at Tokio, September 27, 1886, it is declared that ■" the 4") LUXEMBURG. Concluded Octobn- 2d, 1^83; Ratifications exchanged at Berlin July 14, 1884; proclaimed August 12, 18-;4. The United States of America and HisMajesty theKiugof theNetberlands, Giaud Duke of Luxemburg, having judged It expedient, with a view to the better admiuislratiou 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 liereinafter 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 Plenipotentiaries: 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 Dnke of Luxemburg, Dr. Paul Eyschen, His Director general of the Department of justice and Chargd d'Affaires of the Grand Duchy of Luxem- burg at Berlin, Chevalier of the 2ud 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 Netherlands, &c, &c, &c. Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and conclnded the following articles : Article I. TheGovernmentof the United States and llie Governnientof Luxemburg nuitually agree to deliv.r up persons who, having been charged as princi- pals or accessories, with or convicted of any of the crimes and offenses specified iu the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the ter- ritories of llie other. Provided that this shall ouly be done upon such evi- dence of criminality as, according. to the laws of the place where the fugi- tive or the person so charged shall be found, would justify his or her appre- hension and commitmeut for trial if the crime had been there committed. Article IJ. Persons Shall be delivered up who shall have been convicted of or be charged, according to the provisions of the convention, with any of the fol- lowing crimes: 1°. Murder, comprehending the crimes designated iu the penal code of Luxemburg by the terms of parricide, assassination, poisoning and infan- ticide; eighteen hundred and eighty-sixth year of the christian era," is intended to mean the year A. D. 1886. Thoprotocol also declares that notwithstand- ing the treaty provided that the exchange of the ratifications should take place at Washington, the Two High Contracting Parties, in order to save time, agreed that the exchange should take place at Tokio instead. 46 2°. The attempt to commit murder; 3°. Rape, or attempt to commit rape, 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 violence against the comniand( r ; 6". The crime of burglary defined to be the act of breaking and entering by night into the house of another with the iateut to commit felony ; and the crime of robbery, defined to be .the act of feloniously and forcibly tak- ing from the person of another money or goods by violence or putting him in fear; and the corresponding crimes punished by the laws of Luxemburg under the description of thefts coinmifcted in au inhabited house by night aud by breaking in, by climbing or forcibly; and thefts committed with violence or by means of threats. 7°. The crime of forgery by which is understood the utterance of forged papers, and also the counterfeiting of public, sovereign or governmental acts; 8^. The fabrication or circulation of counterfeit money, either coin or paper, or of counterfeit public bonds, coupons of tha public debt, bank- notes, obligations, or, in general, anything being a title or instrument of credit; the connterfeiting of seals aud dies, impressions, stamps, and marks of State and public administrations and the utterance thereof; 9°. The embezzlement of public moneys committed within the jurisdic- tion of either party by public officers or depositaries ; 10°. Embezzlement by any person or persons hired or salaried to the detriment of their employers, when tLe crime is subject to punishment by the laws of the place where it was committed ; 11°. Wilful and unlawful destruction or obstruction of rail-roads which endangers human life ; 12°. Eeception of articles obtaiued by means of one of the crimes or otfenses provided for by the present convention. Extradition may also be granted for the attempt to commit any of the crimes above enumerated, when such attempt is punishable by the laws of both contracting parties. Articlm III. A persou surrendered under this convention shall not be tried or pun- ished in the country to which his extradition has been granted, nor given up to a third power for a crime or offense not provided for by the present convention and committed p-eviously to his extradition, until he shall have •been allowed one month to leave the country after having been discharged ; and, if he shall have been tried and condemned to punishment, he shall be allon-ed one mouth after having suffered his penalty or having been par- doned. He may however be tried or punished for any crime or offense provided for by this convention committed previous to his extradition, other than that which gave rise to the extradition, aud notice of the purpose to so try him, with specifications of the offense charged, shall be given to the (Jovern- meut which surrendered him, which may, if it think proper, require the 47 produotioti of one of the documents mentioned in article 7 of this conven- tion, The consent of that govemrapnt shall be required for the extradition of tlie accused to a tliird country ; nevertheless such consent shall not be nec- essary when the accused shall have asked of his own accord to be tried or to undergo his punishment, or when he shall nothave left within the space of time above specified the territory of the country to which he has been surrendered. Akticle IV. The provisions of this convention shall not be applicable to persons guilty of any political crime or offense or of one connected with such a crime or otfensc. A person who has been surrendered on account of one of the couiuKin crimes oroffenses )ncntioned in article 2, shall consequently iu 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 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 been tried, and, in case of condemna- tion, for one mouth 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. Akticlb VI. If the person whose surrender may be claimed pursuant to the stipula- tions of the present treaty shall have been arrested for the commission of offenses in the country whore 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 VII. Eequis'tions of the surrender of fugitives from justice shall always be made through a diplomatic channel. If the person whose extradition may be asked for shall have been con- victed of a crime or offense, 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 the judge by the proper executive authority ; and of the latter by the minister or consul of the United States or by the min- ister or consul charged with the interests of Luxemburg, respectively, shall accompany the requisition. When, however, the fugitive shall have 48 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 iiccompauy the requistion as aforesaid. The Presideut of the United Sta'es or the proper authority in Luxemburg may then issue a warrant for the apprehension of the fugitive, in order that hie may be brought before the l)roper 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. Akticle VII r. The expenses of the arrest, detention and transportation of the persons claimed shall be paid by the goveruuientiii whose name the requisition has been made. Article IX. Extradition shall not be granted in pursuance of the provisions of this conveution, 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 found shall nevertheless be respected. Article XI. The present convention 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 ratitied and its ratifications shall be exchanged as soon as pos- sible. In witness whereof theiespective plenipotentiaries havesigned 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 a9t.h day of October, A. D. 188H. [SEAL.] A.A.Sargent. rSEAL.] PaULEYSCHEN. 49 MBCKLENBrRG-SCHWERIX. DECLAEATION OF ACCESSION TO THE CONVENTION FOB THE EXTRADI- TION OF CRIMINALS, FUGITIVES FROM JUSTICE, OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES 01'' THE GERMANIC CONFEDERATION, AND TO ADDITIONAL ARTICLE THERETO OF NOVEMBER 16, 1852. Dated Novemher 26, 1853 ; proclaimed Jitiiuary 6, 1854. [Translation.] Whereas a treaty for the reciprocal extraditiou of fugitive criminals iu special cases, was coucluded between Prussia aud other States of the Ger- manic Confederation on the one hand, and the United States of North Auierioa on the other, nnder date of June 16th, lri5'2, at Washington, by the Plenipotentiaries of the contracting parties, aud 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, iu accordance there- with, the Government of His Royal Highness the Grand Duke of Mecklen- burg-Sohwerin hereby declares, through the Undersigned Grand Ducal Minister of Foreign Affairs, its accession to the aforesaid treaty of J nue 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, aud 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 faithfully observed and enforced within the territory of the Grand Duchy of Mecklenburg-ScUwerin. In testimony whereof the Grand Ducal Miuister of Foreign Affairs, in the name of His Royal Highness the Grand Duke of Meoklenburg-Schwerin, has executed this declaration of accession, and caused the Ministerial seal to be thereunto affixed. Done at Schwerin, November 26th, 1853. [SEAL.] GK. V. BULOW, Grand Ducal Minister of Foreign Affairs of Mecklenburg- Scliwerm. 204a 1 50 MECKLENBTJEG-STRELITZ. DJ5CLAEATI0N OF ACCESSION TO THE CONVENTION FOR THE EXTKADI- TION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION. Dated Decemler 2, 1853 ; proclaimed January 26, 1854. [Translation.] Whereas a treaty for the reciprocal extradition of fugitive erimiuals, in special cases, was concluded between Prussia and other States of the Ger- manic Confederation on the one band, and the United States of North America on the other, under date of June 16th, 1852, at Washington, by the Pleuipotentiaries of the contracting parties, and has been ratified by the contracting Governments; and whereas, in the second article of the same, the Uuited 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 Mecklcn- burg-Strelitz, hereby declares its accession to the aforesaid treaty of June 16th, 1852, which is, word for word, as follows : [The original declaration here includes a copj', in German, of the treaty of June 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 Meckleubnrg-Strelitz, has executed this declaration of accession, and caused the seal of the Grand Ducal Ministry of State to be thereunto affixed. Done at Neustrelitz, the 2d day of December, 1853. [SBAL.] P. V. KaNDOEFF, Grand Ducal Minister of State. Deischow. 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 crimes 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- pose, and have named as their respective Plenipotentiaries, that is to say: The President of the United States has appointed Thomas Corwin, a citizen of the United States, and their Envoy Extraordinary and Minister Plenipotentiary near the Mexican Goveinmeut; and tlie President of the United Mexican States has appointed Sebastian Lerde de Tejada, a citizen of the said States, and a Deputy of the Congress of the Union ; Who, after having communicated to each other their respective full pow- er?, found in good and due form, have agreed upon and concluded the fol- lowing articles: Article 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 np to justice persons who, being accused of the crimes enumerated in article third of the present treaty, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall he found within the territo- ries of the other: Provided, That this shall he done only wlien the fact of the commission of the crime shall he so estahlished as that the laws of the country iu which the fugitive or the person so accnsed shall be found, would justify hie or her apprehension nnd commitment for trial if the crime had been there committed. Article H. In the case of crimes committed iu the frontier States or Territories of the two contracting parties, requisitions may be made through their respective diplomatic agen's, 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 ou the frontier as may for this purpose be duly authorized by the said chief civil authority of the said frontier States or Territories, or when, from any cause, the civil authority of such State or Territory shall be suspended, through the chief military officer in command of such State or Territory. Article III. Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the following crimes, whether as principals, accessories, or accomplices, to wit : Murder, (including assas- sination, parricide, infanticide, and poisoning;) assault with intent to com- mit murder; mutilation; piracy; arson; rape; Itidnapping, detining the same to be the taking and carrying away of a free person by force or decep- tion ; forgery, including the forging or making, or knowingly passing or putting in circulation counterfeit coin or banlc notes, orother paper current as money, with intent to defraud any person or persons ; the introduction or making of instruments for the fabrication of counterfeit coin or bank notes, or other paper current as money ; embezzlement of public moneys ; rob- bery, defining the same to be the felonious and forcible taking from the person of another of goods or money to any value, by violence or jiutting him iu fear; burglary, defining the same to bo breaking and entering into 52 the house of auother with intent to commit felony ; and the crime of lar- ceny of cattle, or other goods and chattels, of the value of twenty-five dollars or more, when the same is committed within the frontier States or Territories of the contracting parties. Article IV. On the part of eacli country the surrender of fugitives from justice shall be made only by the authority of the Executive thereof, except in the case of crimes committed within the limits of the frontier States and Territories, in which latter case the surrender may be made by the chief civil authority thereof, or such chief civil or judicial authority of the districts or counties bordering on the frontier as may for this purpose be duly authorized by the said chief civil authority of the said frontier States or Territories, or if, from any cause, the civil authority of such State or Territory shall be sus- pended, then such surrender may be made by the chief military officer in command of such State or Territory. Article V. All expenses whatever of detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed by the Government or authority of the frontier State or Territory in whose name the requisition shall have been made. Article VI. The provisions of the present treaty shall not be applied in any manner to any crime or oifence of a purely political character, nor shall it embrace the return of fugitive slaves, nor the delivery of criminals who, when the offence was committed, shall have been held in the place where the offence was committed in the coudition of slaves, the same being expressly forbid- den by the Constitution of Mexico ; nor shall the provisions of the present treaty be applied in any manner to the crimes enumerated in the third ar- ticle committed anterior to the date of the exchange of the ratifications hereof. Neither of the contracting parties shall be bou. d to deliver up its own citizens under the stipulations of this treaty. Article VII. This treaty shall continue iu force until it shall be abrogated by the contracting parties, or one of them ; but it shall not be abrogated except by mutual consent, unless the party desiring to abrogate it shall give twelve months' previous notice. Article VIII. The present treaty shall be ratified in conformity with the Constitutions of the two countries, and the ratifications shall be exchanged at the city of Mexico within six mouths from the date hereof, or earlier if possible. In witness whereof we, the Plenipotentiaries of the United States of America and of the United Mexican States, have signed and sealed these presents. 53 Done iu the city of Mexico on the eleveiitli day of December, iu tbe year of onr Lord one thousand eight hundred and sixty-one, the eighty-sixth of the Independence of the United States of America, and the forty-first of that of the United Mexican States. [seal.] Thos. Corwin. [SEAT,.] . Sbb'jt Lbedo dp, Tejada. NETHERLANDS. Concluded May 22, 1880; Ratifications exchanged at Washington July 29, 1880; proclaimed July 30, 1880. The United States of America and His Majesty the King of the Nether- lands having judged it expedient, with a view to the better administration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with, or convicted of, the crimes herein- after enumerated, and being fugitives from justice, shonld under certain circumstances, be reciprocally delivered up, have resolved to conclude a con- vention for that purpose, and have appointed as their Plenipotentiaries: The President of thp United States : William Maxwell Evarts, Secretary of State of the United States, and His Majesty the King of the Netherlands : Jonkheer, Eudolph Alexander August Edward von Pestel, Knight of the Order of the Netherlands Lion, His Majesty's Minister Resident in the United States ; who, after having communicated to each other their respect- ive full powers, found in good and due form, have agreed upon and con- cluded the following articles. Article I. The United States of America and His Majesty the King of the Nether- lands reciprocally engage to deliver up to justice all persons convicted of or charged with any of the crimes or offences enumerated in the following article, committed within the respective jurisdiction of the United States of America, or of the Kingdom of the Netherlands, exclusive of the Colonies thereof, such persons beiug actually witliin such jurisdiction when the crime or offence was committed, who shall seek an asylum or shall be found within the jurisdiction of the other, exclusive of the colonies of the Netherlands : Provided, That this shall only be done upon such evi- dence of criminality as, according to the laws of the place where the fugitive so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had been there committed. Article II. Persons shall be delivered up, according to the provisions of this conven- tion, who shall have been charged with, or convicted of, any of the follow- ing crimes : 1. Murder, comprehending the crimes of assassination, parricide, infanti- cide, and poisoning. 54 2. The attempt to commit murder. 3. Kape. 4. Arson. 5. Burglary ; or the corresponding crime in the Netherlands law under the description of thefts committed in an inhabited house by night, and by breaking in, by climbing, or forcibly. 6. The act of breaking into and entering public offices, or the offices of banks, banking-houses, savings-banks, trust companies, or insurance com- panies, with intent to commit theft tlierein ; and also the thefts resulting from such acL 7. Robbery ; or the corresponding crime punished in the Netherlands law under the description of theft committed with violence or by means of threats. 8. Forgery, or the utterance of forged pagers including the forgery or falsification of official acts of the Government orpublic authority or courts of justice affecting the title or claim to money or property. y. The counterfeiting, falsifying or altering of money, whether coin or paper, or of bank notes, or instruments of debt created by National, State or Municipal Governments, or coupons thereof, or of seals, stamps, dies or marks of state ; or the utterance or circulation of the same. 10. Embezzlement by public officers charged with the custody or receipt of public funds. 11. Embezzlement by any person or persons hired or salaried, to the det- riment of their employers, where the offense is subject to punishment by the law of the Netherlands as atus de confiance, if extradition is demanded by the United States, or is subject to puuishmeut as a crime in the United States, if extradition is demanded by the Netherlands. Article III. The provisions of this Convention shall not apply to any crime or offence of a political character, nor to acts connected with such crimes or offences ; and no person surrendered under the provision hereof shall in any case be tried or punished for a crime or offence of a political character, nor for any act connected therewith, committed previously to his extradition. Article IV. The present Convention shall not apply to any crime or offence committed previous to the exchange of the ratifications hereof ; and no person shall be tried or punished after surrender for any crime or offence other than that for which he was surrendered if committed previous to his surrender, unless such crime or offence be one of those enumerated in Article II. hereof, and shall have been committed subsequent to the exchange of ratifications. Article V. A fugitive criminal shall not be surrendered under the provisions hereof when, by lapse of time, he is exempt from prosecution or punishment for the crime or offence for which the surrender is asked, according to the laws of the country from which the extradition is demanded, or when his extra- 55 (litiou is asked for the same crime or offeuoe for wbicli lie has been tried, convicted or acquitted in that country, or so long as he is under prosecu- tion for the same. AUTICLE VI. If a fugitive criminal, whose extradition may be claimed pursuant to the stipulations hereof, be actually under prosecution for a crime or offence in the country where lie has sought asylum, or shall have been convicted thereof, his extradition may be deferred until suoli proceedings be termi- nated, and until such criminal shall be set at liberty in due coarse of law. Article VII. If a fugitive criminal claimed by one of the parties hereto shall also be claimed by one or more power.s, pursuant 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 dale. Article VIII. Neither of the contracting parties shall be bound to deliver up, under the stipulations of this convention, its own citizens or subjects. Article IX. The expenses of the arrest, detention, examination and transportation ot the accused shall be paid by the government which has preferred the de- mand for extradition. Article X. Everything found in the possession of the fugitive criminal, at the time of his arrest, which may be material as evidence in 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 sur- render. 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 country, or its seat of government, requisition may be made by consular officers. When the person whose extradition shall have been asked, shall have been convicted of the crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal and accompaniett by an attestation of the official character of the judge by the proper au- thority, shall be furnished. If, however, the fugitive is merely charged with crime, a duly authenti- cated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been 56 issued, shall be produced, authenticated as above provided, with such other evidence or proof as may be deemed competeut iu the case. If, after an esamiuation, it shall be decided, according to the law and evidence, that extradition is due pursuant to this conventiou, the fugitive shall be surrendered according to the forms of Jaw prescnbed in such cases. ARTICLE XII. Tlie present convention shall take effect on the twentieth day after its promulgation in the manner prescribed by the laws of the respective coun- tries. After the conventiou shall so have gone into operation, it shall continue until one of the two parties shall give to the other six months notice of its desire to terminate it. This convention shall be ratified, and the ratifications shall be ex- changed at Washington or the Hague aa soon as possible. In testimony whereof the respective Plenipotentiaries have signed the present convention, in duplicate, and have hereunto affixed their seals. Done at Washington, in the English and Dutch languages, on the twenty-second day of May in the year of our Lord eighteen hundred and eighty. [seal.] William Maxwell Evarts. LsEAL.] Rudolph von Pestel. Concluded June 2, 1887 ; Eatifications exchanged May 81, 1889 ; Proclaimed June 21, 1889. The United States of America and His Majesty the King of the N. ther- lands having judged it expedient, with a view to the better administration of justice and the prevention of crime withiu their respective territories and jurisdictions, that persons charged with, or convicted of, the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to con- clude a new convention for that purpo.se, and have appointed as their plenipotentiaries : The President of the United States of America ; Thomas F. Bayard, Sec- retary of State of the United States, and His Majesty the King of the Netherlands ; William Ferdinand Henry von Weckherlin, His Majesty's Envoy Extraordinary and Minister Plenipoten- tiary to the United States, who, after having communicated to each other their respective full powers, found iu good and due form, have agreed upon and concluded the following articles: Article I. The United States of America and His Majesty the King of the Nether- lands reciprocally engage to deliver up to justice all persons convicted of or charged with any of the crimes or offences enumerated iu the following article, committed within the respective jurisdiction of the United States of America, or of the Kingdom of the Netherlands, exclusive of the Colonies 57 thereof, such persons being actually withiu such jurisdiction when the irime or oft'ence was committed, who shall seek an asylum or shall be found withiu the jurisdiction of the other, exclusive of the Colonies of the Neth- erlands: Provided, That this shall only be done upon such evidtuce of criminality as, according to the laws of the place where the fugitive so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had been there committed. Article II. Persons shall be delivered up, according to the provisions of this conven- tion, who shall have been charged with, or convicted of, any of the follow- ing crimes: 1. Murder, including infanticide ; manslaughter. 2. Rape, bigamy, abortion. 3. Arson. 4. Mutiny, and rebellion on shipboard by two or more passengnrs against the authority of the commander of the ship, or by the crew or part of the crew, against the commander or the ship's officers. 5. Burglary ; or the corresponding crime in the Netherlands law under the description of thefts committed in an inhabited house by night, and by breaking in, by climbing, or forcibly. 6. The act of breaking into and entering public offices or the offices of banks, banking-houses, savings-banks, trust-companies, or insurance com- panies, with intent to commit theft therein ; and also the thefts resulting from such act. 7. Robbery ; or the corresponding crime punished in the Netherlands law under the description of theft committed with violence or by means of threats. 8. Forgery, or the utterance of forged papers including the forgery or falsification of official acts of the Government or public authority or courts of justice affecting the title or claim to money or property. 9. The counterfeiting, falsifying or altering of money, whether coin or paper, orof instruments of debt created by national, state, provincial, or mu- nicipal governments, or coupons thereof, or of bank-notes, or the utterance or circulation of the same, or the counterfeiting, falsifying or altering of the seals of State. 10. Embezzlement by public officers. 11. Kmbezzlemeut by any person or persons hired or salaried, to the det- riment of their employers, when the offence is subject to punishment by imprisonn eut by the laws of both countries. 12. Destruction or loss of a vessel on the high seas, or within the juris- diction of the party asking the extradition, caused intentionally. 13. Kidnapping of minors, defined to be the abduction or detention of a minor fur any unlawful end. 14. Obtaining by false devices money, valuables or other personal prop- erty, and the purchase of the same with the knowledge that they have been so obtained, when the crimes or offences are punishable by imprison- ment or other corporal punishmeut by the laws of both countries. 15. Larceny, defined to be the theft of effects, personal property, or money. 58 16. Wilful and ualawfnl deHtructiou or obstruotiou of railroads, which endangers hnmac life. Extradition shall also be granted for complicity in any of the crimes or offences enumerated in this article, provided that the persons charged with or convicted of such complicity may be punished 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 puuisliable 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 offence 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. Aeticlb 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 country from which 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 stipnla- tiona hereof, be actually under prosecution for a crime or offence in the country where he has sought asylum, or shall have lieen convicted thereof, his extradition may be deferred until such proceedings be terminated, and nntil 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 tae earliest in date. Article VIII. Neither of the contracting parties shall be bound to deliver up, under the stipulations of this convention, its own citizens or subjects. 59 Article IX. The expenses of the arrest, detention, examination and trausportation 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 he 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 conntries, 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 country, or its seat of government, requisition may be made by consular officers. When the person whose extradition shall have been asked, shall have been convicted of the crime, a copy of the sentence of the court in which lie may have been convicted, authenticated under its seal and accom- panied by an attestation of the official 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 country where the crime was commilfed, and of the depositions upon which such warrant may have issued, shall be produced, authenticated as above provided, with such other evidence or proof as may be deemed competent iu the case. If, after an examination, itshall bedecided, according to the lawand evi- dence, that extradition is due pursuant to this convention, the fugitive shall be surrendered according to the forms of law prescribed in such cases. Article XII. Itshall be lawful for any competent judicial authority of the United States of America, upon production of a certificate issued by the Secretary of State that request has been made by the Government of the Netherlands for the provisional arrest of a person convicted or accused of the commis- sion therein of a crime extraditable under this convention, and upon legal complaint that such crime has been so committed, to issue his warrant for the apprehension of such person. But if the formal requisition for sur- render with the documentary proofs hereinbefore prescribed be not made as aforesaid, by the diplomatic agent of the demanding government, or, in his absence, by a consular officer thereof, within forty days from the date of the commitment of the person convicted or accused, the prisoner shall be discharged from custody. And it shall be lawful for any competent judicial authority of the Neth- erlands, upon production of a certificate issued by the iVIinister of Foreign 60 Affairs that leanest bas been made by tlicGoverameiitof the Uuiced 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 apprehension 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. AUTICLB 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 2im\ 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 annnll- 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 mouths' notice of Its desire to terminate it. This convention shall be ratifled, and the ratifications shall be exchanged 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; Ratifications exclianged at Managua June '24, 1871 ; proclaimed September 19, 1871. The Uniti d States of America and the Republic of Nicaiagna, 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 reciprocally delivered up, have resolved to conclude a conven- tion for that purpose, and have appointed as their Plenipotentiaries: The President of the United States, Charles N. Riotte, a citizen and Min- ister Resident of the United States in Nicaragua, the President of the Republic of Nicaragua, Mister Toraas Ayon, Minister for For[oign] Rela- tions; 61 Who, after reciprpcal coinuiuuication of their full powers, fonnd in good and due form, have agreed upou the following articles, viz: Article I. The Govennnentof the United States and the Government of Nicaragua mutually agree to deliver up persona 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 he found within the territories of the other : Provided, that this shall only he done npon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall he 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 ho charged, according to the provisions of this convention, with any of the following crimes: 1. Murder, comprehending assassination, parricide, infanticide, and poi- soning. 2. The crimes of rape, arson, piracy, and mutiny on hoard 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 in fear. 4. The crime of forgeiy, by which is uuderstood the utterance of forged papers, the counterfeiting of public, sovereign, or government acts. 5. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bank-notes, and obligations, and in general of all titles of instrumeuts of credit, the counterfeiting of seals, dies, stamps, and marks of State and public administrations, and the utterance thereof. 6. The embezzlement of public moneys, committed ivithin the juris- diction of either party, by public officers or depositors. 7. Embezzlement by any person or persons hired or salaried, to the detriment of their employers, when these crimes are subjected to infamous punishment. 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 ordinary crime, committed previously to that for which his or their sur- ren ler is asked. Article IV. If theperson, whose surrender maybe claimed pursuant to the stipula- tions of the present treaty, shall have been arrested for the commission of 62 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 servnd tlie term of imprisonment to which he may have been sentenced. Article V. Kequisitions for the surrender of fugitives from justice shall be made by the respective Diplomatic Agents of the contracting partiss, or, in the event of the absence of these from the country or its seat of government, they may be made by superior consular oESoers. If the person whose extra- dition maybe asked for shall have been convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenti- cated under its seal, and an attestation oftheofficial character of the judge by the proper executive authority, and of the latter by the Minister or Con- Kul of the United States or of Nicaragua, respectively, shall accompany the requisition. When, however, the fugitive shall have been merely ( barged with crime, a duly authenticated copy of the warrant of his ar- rest ill the country where the crime may have been committed, and of the depositiims upon which such warrant may have been issued, must accom- pany the requisition as aforesaid. The President of the United States, or the proper executive authority in Nicaragua, may then issue a warrant for the apprfliension of the fugitive, in order that he may be brought before the proper judicial authority for examining the question of extradition. If it, should be decided that, according to law and evidence, the extradition is due pursuant to this treaty, the fugitive may be given up according to the forms prescribed in such cases. Article VI. The expenses of the arrest, detention, and transportation of the persons claimed shall be paid by the Government in whose name the requisition shall have been made. Article VII. , This convention, shall continue in force during five (5) years from the day of exchange of ratifications ; but if neither party shall have given to the other six (6) months previous notice of its intention to terminate the same, the convention shall remain in force five (5) years longer, and so on. The present convention shall be ratified and the ratifications exchanged at the capital of Nicaragua, or any other place temporally occupied by the Nioaraguan Government, within twelve (12) months, or sooner if pos- sible. In witness whereof the respective Plenipotentiaries have signed the pres- ent convention in duplicate, and have thereunto affixed their seals. Done at the city of Managua, capital of the Republic of Nicaragua, the twenty-fifth day of June, one thousand eight hundred and seventy, of the Independence of the United States the ninety- fourth, and of the Independ- ence of Nicaragua the fifty-ninth. [SEAL.] Charles N. Eiotte. [SEAL.] TOMAS Ay ON. 63 OLDBNBUBG. DECLARATIOlSr OF ACCESSION TO THE CONVENTION FOR THE EXTRADI- TION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, AND TO ADDITIONAL ARTICLE THERETO OF NOVEMBER 16, 1852. Signed Decemher 30, 1853 ; proclaimed March 21, 1853. [Translation.] Wherens a treaty for tbe reciprocal extradition of fugitive criminals, in special case.i, 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, IHb'i, at Washington, by tbe Plenipotentiaries of the contracting parties, and has been ratified by the contracting Goveruraenrs; 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 Olden- burg hereby declaresits accessiou to the aforesaid treaty of June 16th, 1852, which is, word for word, as follows; [The origiual deolai-atiou 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 faithfully observed and enforced within the territory of tbe Grand Duchy of Oldenburg. In testimony whereof, the Grand Ducal Minister of State of Oldenburg, in the name of His Eoyal Highness the Grand Duke of Oldenburg, has ex- ecuted the present declaration of accessiou, and caused the Ministerial seal to be affixed thereto. Done at Oldenburg, December thirtieth, one thousand eight hundred and fifty-three. [seal.] Von EOssing, Grand Ducal Minister of State of Oldeniurg. ORANGE FREE STATE. Concluded December 22, 1871 ; Ratifications exchanged at Washington August 18, 1873 ; proclaimed August 23, 1873. Articlk VIII. The United States of America and the Orange Free State, on requisitions made in their name through the medium of their respective diplomatic or consular agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the 64 jurisdiction of the requiring party, shall seek asylum or shall be found with 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;) at tempt to commit murder, rape, fogery or the emission of forged papers, arson, robbery with violence, intim[id Jation 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 eflfected 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 ; Balifications exchanged at Constantinople April 22, 1875 ; proclaimed May 26, 1875. The United States of America and His Imperial Majesty the Snltau, 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 ; and His Imperial Majesty the Sultan, His Excellency A. Aarifi Pasha, his Minister for For- 65 eign Affairs ; who, after reciprocal communicatioii of their full powers, found in good and due form, have agreed upon the following articles, to wit : Art. I. The Government of the United States and the Ottoman Government mutually agree to deliver up persons who, having been 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 bo 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 j us- 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 be charged, according to the provisions of this convention, with any of the following crimes : Ist. 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, 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 . 4th. 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 money, by violence, or put- ting him in fear. 5th. The crime of forgery, by which is understood the utterance of forged papers, the counterfeiting of public, sovereign, or government acts. 6th. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, batnk-notes and obligations and in general of all things, being titles and instruments of credit, the counterfeiting of seals, dies, stamps, and marks of state and public administrations and the utter- ance thereof. 7th. The embezzlement of public moneys committed within the jurisdic- tion of either party, by public officers or depositors. 8th. Embezzlement by any person or person hired or salaried, to the det- riment of their employers, when these crimes are subject to infamous pun- ishment. Art. 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, commi tted previously to that for which his or their surrender is asked. Art. IV. If the person whose surrender may be claimed, pursuant to the stipula- tions of the present treaty, shall have been arrested for the commission of 204:A 5 66 offences in the country where he has sought an asylum, or shall have beeu convicted thereof, his extradition may be deferred until he shall have beeu acquitted, or have served the term of imprisonment to which he may have been sentenced. Art. V. Requisitions for the surrender of fugitives from justice shall 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 convicted of a crime, a copy of the sentence of the court in which he may have been convicted, authenticated under its seal and an attestation of the official character of the judge by the proper executive authority, and of the latter by the minister or consul of the United States or of the Sublime Porte, respectively, shall accompany the requi- sition. When, however, the fugitive shall have been merely charged with a crime, a duly authenticated copy of the warrant for his arrest in the conn- try where the crime may have been committed, or* of the depositions upon which such warrant may have been issued, must accompany the requisition as aforesaid. The President of the United States or the proper executive authority in Turkey may then issue a warrant for the apprehension of the fugitive, in order that he may be brought before theproper judicial au- thority for examination. If it should then be decided that, according to law and the evidence, the extradition is due pursuant to the treaty, the fugitive may be given iip according to the forms prescribed in such cases. Art. VI. The expenses of the arrest, detention, and transportation of the persons claimed shall be paid by the government iu whose name the requisition has been made. Art. VII. Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this treaty. Art. VIII. This convention shall continue in force during five (5) years from the day of exchange of ratification, but if neither party shall have given to the other six (6) months' previous notice of its intention to terminate the same, the convention shall remain in force iive years longer, and so on. The present convention shall be ratified, and the ratifications exchanged at Constantinople, within twelve (12) months,' and sooner, if possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have thereunto affixed their seals. Done at Constantinople the eleventh day of August one thousand eight hundred and seventy-four. [SEAL.] Geo. H. Boker. [seal.] a. Aaripi. " In the French text the word ei (and) follows the word commis (com- mitted). 67 PERU.* Concluded September 12, 1870 ; Batificaiions excliaiiged at Lima May 28, 1874 ; proclaimed July 27, 1874. The United States of America aiirl the Republic of Peru, having judged it expedient, with a view to the better admiuistration of justice and the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated should, un- der certain circumstances, he reciprocally delivered up, have resolved to conclude a treaty for this purpose, and have named as their respective Plenipotentiaries, that is to say : the President of the United States of America has appointed Alvin P. Hovey, Envoy Extraordinary and Minister Plenipotentiary of the United States of America near the Government of the Republic of Peru ; and the President of Peru has appointed His Excel- lency Doctor Jos^ Loayza, Minister of Foreign Affairs of Peru ; who, after having communicated to each other their respective full powers, found in good and true form, have agreed upon and concluded the following ar- ticles : Article I. It is agreed that the contraciing parties shall, on requisitions made in their name through the medium of their respective diplomatic agents, de- liver up to justice persons who, being accused or convicted of the crimes enumerated in Article II of the present treaty, committed within the juris- diction of the requiring party, shall seek an asylum, or shall be found within the territories of the other : Provided, That this shall be done only ■when the fact of the commission of the crime shall be so established as 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. Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the following crimes, whether as principals, accessories, or accomplices, to wit : 1. Murder, comprehending the crimes of parricide, assassination, poison- ing, and infanticide. , 2. Rape, abduction by force. 3. Bigamy. 4. Arson. 5. Kidnapping, defining the same to be the taking or carrying away of a person by force or deception. 6. Robbery, highway robbery, larceny. 7. Burglary, defined to be the action of breaking and entering by night- time into the house of another person with the intent to commit a felony. 8. Counterfeiting or altering money, the introduction of fraudulent com- merce of and in false coin and money; counterfeiting the certificates or * Terminated March 31, 1886. 68 obligations of the Government, of bank-notes, and of any other documents of public credit, the uttering and use of the same; forging or altering judi- cial judgments or decrees of the Government or courts, of the seals, dies, postage- stamps, and revenue-stamps of the Government, and the use of the same ; forging public and authentic deeds and documents, both commercial and of banks, and the nse of the same. 9. Embezzlement of public moneys committed within the jurisdiction of either party by public officers or bailees, and embezzlement by any persons hired or salaried. 10. Fraudulent bankruptcy. 11. Fraudulent barratry. 12. Mutiny on board of a vessel, when the persons vrho compose the crew- have taken forcible possession of the same or have transferred the ship to pirates. 13. Severe injuries intentionally caused on railroads, to telegraph lines, or to persons by means of explosion of mines or steam-boilers. 14. Piracy. Akticlb III. The provisions of the present treaty shall not be applied in any manner to any crime or ofifense of a purely political character, nor shall the pro- visions of the present treaty be applied in any manner to the crimes enu- merated in the second article committed anterior to the date of the ex- change of the ratification hereof. Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this treaty. Article IV. The extradition will be granted in virtue of the demand made by the one Government on the other, with the remission of a condemnatory sen- tence, an order of arrest, or of any other process equivalent to such order, in which will be specified the character and gravity of the imputed acts, and the dispositions of the penal laws relative to the case. The documents accompanying the demand for extradition shall be originals or certified copies, legally authorized by the tribunals or by a competent person. If possible, there shall be remitted at the same time a descriptive list of the individual required, or any other proof towards his identity. Article V. If the person accused or condemned is not a citizen of either of the con- tracting powers, the Government granting the extradition will inform the Government of the country to which the accused or condemned may belong of the demand made, and if the last-named Government reclaims the indi- vidual on its own account for trial in its own tribunals, the Government to which was made the demand of extradition may, at will, deliver the criminal to the State in whose territories the crime was committed, or to that to which the criminal belongs. If the accused or sentenced person whose extradition may be demanded, in virtue of the present convention, from one of the contracting parties, should at the same time be the subject of claims from one or other Governments simultaneously for crimes or mis- 69 demeanors coniiuitted in their respective territories, he or she shall be de- livered up to that Government in whose territories the offense committed was of the gravest character; and when the offenses are of like nature and gravity, the delivery will be made to the Government making the first de- mand ; and if the dates of the demands be the same, that of the nation of which the criminal may belong will be preferred. Article VI. If the person claiiiiod is accused or sentenced in the country where he may have taken refuge, for a crime or misdemeanor committed in that country, his delivery may be delayed until the definitive sentence releasing him be pronounced, or until such time as he may have complied with the punishment inflicted on him in the country where he took refuge. Article VII. In cases not admitting of delay, and especially in those where there is danger of escape, each of the two Governments, authorized by the order for apprehension, may, by the most expeditious means, ask and obtain the ar- rest of the person accused or sentenced, on condition of presenting the said order for apprehension as soon as may be possible, not exceeding four months. Article VIII. All expenses whatever of detention and delivery effected iii virtue of the preceding provisions shall be Borne and defrayed by the Government in whose name the requisition shall have been made. Article IX. This treaty shall commence from the date of the exchange of the ratifica- tions, and shall continue in force until it shall be abrogated by the con- tracting parties or one of them ; but it shall not be abrogated, except by mutual consent, unless the party desiring to abrogate it shall give twelve months' previous notice. Article X. The present treaty shall be ratified in conformity with the constitutions of the two countries, and the ratifications shall be exchanged at the cities of Washington or Lima, within eighteen months from the date hereof, or sooner if possible. In witness whereof we, the Plenipotentiaries of the United States of America and the Eepublio of Peru, have signed and scaled these presents. Done in the city of Lima, in duplicate, English and Spanish, this the twelfth day of September, in the year of our Lord one thousand eight hun- dred and seventy. [seal.] Alvin p. Hovey. [seal.] jos^ j. loayza. 70 PEUSSIA AND OTHBE STATES OF THE GERMANIC CONFEDERATION. Conctuded June 16,1852; Ratifications exchavged at Washington May 30,1853; proclaimed June 1, 1853. Whereas it is found expedient, for the better admiuistration of justice and the preveution of crime within 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 constitution of Prussia, and of the other German States, parties to this convention, forbid them to surrender their own citi- zens to a foreign jurisdiction, the Government of the United States, with a view of making the convention strictly reciprocal, shall be held equally free from any obligation to surrender citizens of the United States: There- fore, on the one part, the United States of America, and, on the other part, His Majesty the King of Prussia, in his own name, as well as in the name of His Majesty the King of Saxony, His Eoyal Highness the Elector of Hesse, His Eoyal Highuess the Grand Duke of Hesse and on Rhine, His Eoyal Highness the Grand Duke of Saxe-Weimar-Eisenach, His Highness the Duke of Saxe-Meiningeu, His Highness the Duke of Saxe-Alteuburg, His Highness the Duke of Saxe-Coburg-Gotha, His Highness the Duke of Brunswick, His Highness the Duke of Anhalt-Dessau, His Highness the Duke of Anhalt-Bernburg, His Highness the Duke of Nassau, His Serene Highness the Prince Sohwarzburg-Eudolstadt, His Serene Highness the Prince of Schwarzburg-Sondershausen, Her Serene Highness the Princess and Eegent of Waldeck, His Serene Highness the Prince of Eeuss, elder branch, His Serene Highness the Prince of Eeuss, junior branch, His Se- rene Highness the Prince of Lippe, His Serene Highness the Landgrave of Hesse-Homburg, as well as the free city of Francfort, haviug resolved to treat on this subject, have for that purpose appointed their respective Plenipotentiaries to negotiate and conclude a convention, that is to say : The President of the United States of America, Daniel Webster, Secretary of Stale, and His Majesty the King of Prussia in his own name, as well as in the name of the other German Sovereigns above enumerated, and the free city of Francfort, Frederic Charles Joseph von Gerolt, his said Majesty's Minister Eesident near the Government of the United States; Who, after reciprocal communication of their respective powers, have agreed to and signed the following articles : « Article I. It is agreed that the United States and Prussia, and the other States of the Germanic Confederation included in or which may hereafter accede to this conventii)n, shall upon mutual requisitions by them or their ministers, oiHcers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to com- mit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, or the fabrication or circulation of counterfeit money, 71 whether coiu or paper money, or the embezzlement of public moueys com- mitted within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other : Provided, That this shall' only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or 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 upon oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of oriminalty may be heard and considered ; and if, on such hearing, the evi- dence be deemed sufficient to sustain the chLirge, it shall be the duty of the examining judge or magistrate to certify the same to the proper execu- tive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension aud delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive. AllTICLB II. The stipulations of this convention shall be applied to any other State of the Germanic Confederation which may hereafter declare its accession thereto. Akticle III. None of the contracting parties shall be bound to deliver ujj its own citi- zens or subjects under the stipulations of this convention. Article IV. Whenever any person accused of any of the crimes enumerated in this convention shall have committed a new crime in the territories of the State where he has sought an asylum, or shall be found, such person shall not be delivered up under the stipulations of this convention until he shall have been tried, and shall have received the punishment due to such new crime, or shall have been acquitted thereof. Article V. The present convention shall continue in force until the Ist of January, 1858, and if neither party shall have given to the other six months' pre- vious notice of its intention then to terminate the same, it shall further re- main in force until the end of twelve months after either of the high con- tracting parties shall have given notice to the other of such intention; each of the high contracting parties reserving to itself the right of giving such notice to the other, at any time after the expiration of the said first day of January, 1858. Article VI. The present convention shall be ratified by the President, by and with the advice and consent Of the Senate of the United States, and by the Gov- 72 ernment of Prassia, and the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner if possible. In faith whereof we, the respective Plenipotentiaries, have signed this convention, and have hereunto affixed our seals. Done in triplicate at Washington, the sixteenth day of June, one thou- sand eight hundred and fifty-two, and the seventy-sixth year of the Inde- pendence of the United States. [SEAL.] Dan'l Webster. [SEAL.] Fb. v. Gerolt. By the President of the United States of America. A PROCLAMATION. Whereas it is provided by the second article of the convention of the 16th of June, 1852, between the United States and Prussia and other States of the Germanic Confederation, for the mutual delivery of criminals, fugitives from justice, in certain oases, that the stipulations of that convention shall be applied to any other State of the Germanic Confederation which might thereafter declare its accession thereto ; And whereas the Free Hanseatic city of Bremen has declared its acces- sion to the said convention, and the exchange of thR said declaration for my acceptance of the same was made at Washington on the 14th instant, by Eudolph Schleiden, Minister Resident of the said Free Hanseatic city of Bremen, and William L. Marcy, Secretary of State of the United States, on behalf of their respective governments : Now, therefore, be it known, that I, Franklin Pierce, President of the United States of America, have caused this information to be made public, 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-Sohwerin, Meoklenburg-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, be found under the names of the respect- ive States in their alphabetical order,] 73 SALVADOR. Concluded May, 23, 1870 ; Batifioations exchanged at Wasliinglon, March 2, 1874 ; proclaimed March 4, 1874. The United States of America and the Republic 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, should, under certain cir- cumstances, be reciprocally delivered up, have resolved to conclude a convention for that purpose, and have appointed as their Plenipotentia- ries, the President of the United States, Alfred T. A. Torbert, Minister -Eesident to Salvador; the President of the JJepublic of Salvador, Senor Doctor Don Gregorio Arbizti, 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 1st. 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 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 teriitories of the other : Provided, That this shall only be done upon such evidence of crijninality 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 2nd. 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 tlie penal codes of the contracting parties by the terms homicide, parricide, assassination, poison- ing, and infanticide. 2. The attempt to commit murder. 3. The crimes 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. 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 robbery, defined to be the action of feloniously and forci- bly taking from the person of another goods or money by violence, or put-' ting him in fear. 5. The crime of forgery, by w[h]ich is understood the utterance of forged papers, the counterfeiting of public, sovereign, or government acts. 6. The fabrication or circulation of counterfeit money, either coin or paper, of public bonds, bauk-notes, and obligation), and in general of all 74 tilings being titles or iustrumeuts of credit, the counterfeiting of seals, dies, stamps, and marks of state and public administration, and the utterance thereof. 7. Theembezzlement of public moneys, committed within the jurisdiction of either party, by public officers 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. Theprovisious of this treaty shall not apply to any crime or oifeuce 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 com mitted previously to that for which his or their surrender is asked. Article 4th. If the person whose surrender may be claimed, pursuant to the stipula- tions of the present 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 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 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 may be made by superior consular officers. If the person whose extradition may be asked for shall have been convicted of a crime, a copy of the 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 United 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. 75 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 ten years longer, and so on. Th& present convention shall be ratified and the ratifications exchanged at the city of Washington within (12) twelve months, and sooner if possible. In witness whereof, the respective Plenipotentiaries have signed the present convention in duplicate, and have therennto 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. Torbbrt. [seal.] Grego. ARBIZtJ. SCHAUMBURG-LIPPE. DECLARATION OF ACCESSION TO THE CONVENTION FOR THE EXTRA- DITION OF CRIMINALS, FUGITIVE FROM JUSTICE, OF JUNE 16, 1852, BE- TWEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OF THE GERMANIC CONFEDERATION, AND TO ADDITIONAL ARTICLE THERETO OF NOVEMBER 16, 1852. Dated June 7, 1S54 ; proclaimed July 26, 1854. [TrannlatioD.] 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 Amer- ica on the other, under date of June Itjth, 1852, at Washington, by the 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 any other State of 76 the Germanic Confederation which shall have subsequently declared its accession to the treaty : Now, therefore, in accordance therewith, the Gov- ernment of his Serene Highness the Eeigning Prince of Schaumhurg-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, 1652.] and hereby expressly gives assurance that each and every article and stip- ulation of this treaty shall be faithfully observed 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 Eeigning 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.] WERKBR. SPAIN. Concluded January 5, 1877 ; Eatificatione exchanged at Washington Feiruary 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 Cushing, 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 Eoj al and distinguished Order of Carlos 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, deJivor up to justice all persons who may be charged with, or who have 77 been conTicted of, any of the crimes specified in Article II. of tliis Conven- tion, committed within the jurisdiction of one of the contracting parties, ■while said persons were actually within such jurisdiction when the crime was committed, and who shall seek an asylum or shall be found within the territories of the other ; providedthat 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 ofi'enoe had been there coaimitted. 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, poisoning or infanticide. 2. The attempt to commit murder. 3. Eape. 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 offices 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 the same. 11. The fabrication of counterfeit money, whether com or paper, counter- feit titles or coupons of public debt, bank-notes or other instruments of public credit; of counterfeit seals, stamps, dies and marks of state or pub- lic administrations ; and the utterance, circulation or fraudulent use of any of the above-mentioned objects. 12. The embezzlement of public funds, committed within the jurisdiction of one or the other party, by public officers or depositaries. 13. Embezzlement by any person or persons, hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. 14. Kidnapping, defined to be the detention of a person or persons in order to exact money from them or for any other unlawful end. Akticlb III. The provisions of this Convention shall not import claim of extradition for any crime or offence of a political character, nor for acts connected with 78 sucli crimes or ofiFences; and no person surreudered by or to either of the contracting jjarties 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 Conveiitiou 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 when, 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 may be 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 aud until sv.ch 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 pursuant 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. 79 AUTICLK X. Everything found in the possessionof the fugitive criminal at the time oi his arrest, which may be material as evidence in malting proof 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. Articli: 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 be 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 judges and magistrates of the two Governments shall, respectively, have power- and authority, upon complaint made under oath, to issue a warrant for the .ipprehension 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 be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magis- trate to certify the same to the proper 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 which his surrender is asked, a copy of the sentence of the court before which such conviction took place, duly authenticated, shall be produced. If, however, tJie 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 npon which such warrant may have been issued, shall be produced, with such other evidence or proof as may be deemed competent in the case. Article XII. This Convention shall continue in force from the day of the exchange of the ratifications thereof, but either party may at any time terminate the same on giving to the other six months' notice of its inleution so to do. In testimony whereof, the respective Plenipotentiaries have signed the present Convention in triplicate, and have hereunto affixed their seals. Done at the city of Madrid, in triplicate, English and Spanish, this fifth day of January, in the year of our Lord cue thousand eight hundred and seventy-seven. [SEAL.] Caleb Gushing. [SEAL.] Fbrndo.'Calderon y Collantes 80 CONVENTION FOE THE EXTEADIXION OF CRIMINALS FUGITIVE FROM JUSTICE, BEING SUPPLEMENTAL TO THE CONVENTION OF JANUARY S, 1877. Concluded August 7, 1882 ; Matifications 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 concluded between the United States and 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 appointed as their plenipotentiaries : The President of the United States, Frederick T. Frelinghaysen, Esqnire, Secretary of State of the United States ; and His Majesty the King of Spain, His Excellency Don Francisco Uarca, Knight Grand Cross of the Eoyal 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 purpose 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 principals, when the crime or offense is punishable by imprisonment or other corporal punishment by the laws of both countries. Paragraph 14 of said Article II. is likewise modified to read as' follows : 14. Kidnapping of minors or adults, defined to be the abduction or deten- tion of a person or persons, 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 he added the following paragraphs: 81 15. Obtaining b/ tbreats of iuji ry, or false devices, money, valuables or other personal property, and the purchase of the same with the knowledge that they have been so obtained, when the crimes or offenses are punish- able by imprisonment or other corporal punishment by the laws of both countries. 16. Larceuy, defined to be the theft of effects, 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. 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. Akticlb 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 virtue of the man- date or preliminary warrants of arrest, issued by the competent authority as provided 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-five 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 period of twenty-five days, such legal evidence shall not have been produced before such judge or magistrate, the person ar- rested shall be released ; provided that the examination of the charges pre- ferred against such accused person shall not be actually going on. Artiole XIII. In every case of a request made by either of the two contracting parties 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 ofiicers or fiscal ministry of the country where the proceedings of ex- tradition are had, shall assist the officers of the government demanding the extradition, before the respective judges and magistrates, by every legal means within their or its power; and no claim whatever for compen- sation for any of the services so rendered shall be made against the govern- ment demanding the extradition ; provided however that any officer or officers of the surrendering government, so giving assistance, who shall, in tiie usual course of their duty, receive no salary, or compensation other than specific fees for services performed, shall be entitled to receive from the 204a 6 government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amorint as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. Article IV. All the provisions of the aforesaid convention of the 5th of January, 1877, not abrogated by these additional articles, shall apply to these articles with the same force as to the said original Convention. This additional Convention shall be ratified and the ratifications ex- changed at Washington as soon as may be practicable ; and upon the ex- change of ratifications it shall have immediate effect, and form a part of the aforesaid Convention of January 5, 1877, and continne and be termina- ble in like manuer therewith. In testimony whereof the respective Plenipotentiaries have signed the 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.] ■ FeEDK.T. FRELINGHUYSEN. [SEAL.] Franco Barca. SWEDEN AND NORWAY. Concluded March 21, 1860; Ratifications exchanged at Washington December 20, 1860 ; proclaimed December 21, 1860. Whereas, it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the parties respectively, that persons 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 theUuited 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, 83 deliver up to justice all persons wLo, 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 be 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 surrender, 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 snfiSoient to justify the apprehension aud commitment for trial of the accused if the oftence had been committed in the country where he shall have taken refuge. Article II. ' Persons shall be so delivered up who shall have been charged with or sentenced for any of the following 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 public funds. Akticlb III. The expenses of any detention and delivery, effected in virtue of the pre- ceding provisions, shall be borne and defrayed by the party who makes the requisition and receives the fugitive. Article IV. Neither of the contracting parties shall be bouud to deliver up, under the stipulations of this convention, any person who, according to the laws of the country where he shall be found, is a citizen or a subject of the same at the time his surrender is demanded. Article V. The provisions of the present convention shall not be applied to any crime or offence of a political, character. Article VI. 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 wliere he has sought an asylum or shall be fonnd, such jierson shall not be 84 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 VII. This convention shall not take effect until ten days after its publication, made according to the la;vs of the respective Governments. It shall remain in force until the end of six months after either of the high contracting parties shall have giveu notice to the other of its Inten- tion to terminate the same. It shall be ratified hf the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Sweden and Norway, and the ratifications shall be exchanged within ten months from the date of its signature, or earlier if possible. In faith whereof, the respective Plenipotentiaries have signed this con- vention, and have hereunto affixed their seals. Done in duplicate, at Washington, the twenty-first day of March, one thousand eight hundred and sixty, and the eighty-fourth year of the Inde- pendence of the United States. [seal.] Lew. Cass. [seal.] N. W. db Wktterstbdt. SWITZERLAND. Concluded November 25, 1850 ; BaUfications exchanged at WasMngton November 8, 1855 ; proclaimed November 9, 1855. Article XIII. The United States of America and the Swiss Confederation, on requisi- tions made in their name through the medium of their respective Diplo- matic or Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial if the crime had been committed in the country where the persons so accused shall be found. Article XIV. Persons shall be delivered up, according to the provisions of this conven- tion, who shall be charged with any of the following crimes, to wit : Murder, (including assassination, parricide, infanticide, and poisoning;) attempt to commit murder ; rape ; forgery, or the emission of forged papers ; arson ; robbery with violence, intimidation, or forcible entry of an inhab- ited house ; piracy ; embezzlement by public officers, or by persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment. 85 Article XV. On the part of the United States, the surrender shall be made only by the authority of the Executive thereof; and on the part of the Swiss Confed- eration, by that of the Federal Council. Akticlb XVI. The expenses of detention and delivery, effected in virtue of the preced- ing articles, shall be at the cost of the party making the demand. Article XVII. The provisions of the aforegoing articles relating to the surrender of fugi- tive criminals shall not apply to offences committed before the date hereof , nor to those of a political character. TWO SICILIES.* Conelucled October 1, 1855 ; Baiifieations exchanged at Naples Novemier 7, 1856 ; proclaimed December 10, 1856. Article XXI. It is agreed that every person who, being charged with or condemned for any of the crimes enumerated in the following article, committed within the States of one the high contracting parties, shall seek asylum in the States, or on board the vessels of war of the other parly, shall be arrested and consigned to justice on demand made, through the proper diplomatic chan- nel, by the Government within whose territory the offence shall have been committed. This surrender and delivery shall not, however, be obligatory on either of the high contiacting parties until the other shall have presented a copy of the judicial declaration or sentence establishing the culpability of the fugitive, in case such sentence or declaration shall have been pronounced. But if such sentence or declaration shall not have been pronounced, then the surrender may be demanded, and shall be made, when the demanding Government shall have furnished such proof as would have been sufficient to justify the apprehension, and commitment for trial, of the accused, if the offence had been committed in the country where he shall have taken refuge. Article XXII. Persons shall be delivered up, according to the provisions of this treaty, who shall be charged with any of the following crimes, to wit : Murder, (including assassination, parricide, infanticide, and poisoning ;) attempt to commit murder; rape; piracy; arson; tbemaking and uttering of false money, forgery, including forgery of evidences of public debt, * Obsolete ; place taken by treaty with Ital^. 86 bank-bills, aod bills of exchange; robbery witb violence ; intimidation or forcible entry of iiu inhabited house ; embezzlement by public officers, in- cluding appropriation of public funds ; when these crimes are snbject, by the code of the Kingdom of the Two Sicilies to the punishment rUlla reclu- sione, or other severer punishment, and by the laws of the United States to infamous punishment. Akticlb XXIII. On the part of each country, the surrender of fugitives from justice shall be made only by the authority of the Executive thereof. And all expenses whatever of detention and delivery, effected in virtue of the preceding 'articles, shall be at the cost of the party making the demand. Article XXIV. The citizens and subjects of each of the high contracting parties shall remain exempt from the stipulations of the preceding articles, so far as they relate to the surrender of fugitive criminals; nor shall they apply to offences committed before the date of the present treaty, nor to offences of a political character, unless the political offender shall also have been guilty of some one of the crimes enumerated in Article XXII. VENEZUELA." Concluded August '27, 1860 ; Ratifications exchanged at Caracas August 9, 1861 ; proclaimed September 25, 1861. Article XXVII. The United States of America and the Republic of Venezuela, on requi- sitions ms.de in their name through the medium of their respective Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, com- mitted within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other : Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial, if the crime had been committed in the country where the persons so ac- cused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws. Aktiole XXVIII. Persons shall be delivered up, according to the provisions of this conven- tion, who shall be charged with any of the following crimes, to wit : mur- der, (including assassination, parricide, infanticide, and poisoning;) at- tempt to commit murder; rape; forgery; the counterfeiting of money; * Terminated October 22, 1870. 87 arson ; robbery with violeuoe, iutimidatiou, or forcible entry of an inhab- ited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. Article XXIX. On the part of each country the surrender shall be made only by the au- thority of the Executive thereof. The expenses of detention and delivery, eifected in virtue of the preceding articles, shall be at the cost of the party making the demand. Article XXX. The provisions of the aforegoing articles relating to the surrender of fu- gitive criminals shall not apply to offences committed before the date hereof, nor to those of apolitical character. WURTTEMBERGI DECLA.I!,A.T101f OF ACCESS10>f TO THE CONVENTION FOK THE EXTRADI- TION OP CEIMINAI.S, FUGITIVE EEOM JUSTICE, OP JUNE 16, 1852, BE- TVfEEN THE UNITED STATES AND PRUSSIA AND OTHER STATES OP T:3:E GERMANIC CONFEDERATION. Dated October 13, 1853 ; proclaimed, Beceniber 27, 1853. [Translation.] Inasmuch as a convention for the reciprocal extradition of fugitive crim- inals in certain cases, was concluded between Prussia and other States of the Germanic Confed ration on the one hand, and the United States of North America on the other, under date of June 16, 1852, at Washington, by the Plenipotentiaries of the contracting parties, and was ratified by the contracting Governments ; and whereas, in the second article thereof, the United States of North America declare that they agree that the stipula- tions of the aforesaid convention shall be applied to any other State of the Germanic Confederation that shall subsequently declare its accession to the convention, now therefore, in pursuance thereof, the Government of His Majesty the King of Wiirttemberg declares its accession to the aforesaid convention of June 16th, 1852, the text of which is word for word, as fol- lows : [The original declaration here includes a copy, in German and En- glish of the convention of June 16, 1852] and hereby gives the express assur- ance that each and every article and provision of this convention shall be faithfully observed and executed within the territory of the Kingdom of Wiirttemberg. In testimony whereof, the Royal Minister of Foreign Affairs of Wiirttem- berg has, in the name of His Majesty the King of Wilcttemberg, executed 88 this certificate of accession, and caused the Eoyal Official Seal to be there- nnto afBxed. Done at Stuttgart, October the 13th, 1853. [SEAL.] VON NEURATH, Boyal Minister of Foreign Affairs at Wiirtteniberg. CONTENTION EELATITE TO NATUEALIZATION AND EOE EXTEADITION OF CRIMINALS. Concluded July 27, 1868 ; Matifications exchanged at Stuttgart August 17, 1869 ; exchange of ratifications consented to ty Senate March 2, 1870 ; proclaimed March 7, 1870. Article III. The convention for the mutual delivery of criminals, fugitives from jus- tice, in certain oases, concluded between Wiirttemberg and the United States the is June, issg. remains in force without change. 13 October, 1S63, ° ANALYSIS OF OFFENCES. A bduction iy force. — Peru . Abortion. — Belgium, Luxemburg, Netherlands. Arson. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, France, Great Britain, Hanovei". Hawaiian Islands, Hayti, Italy, Japan, Luxemburg, Mecklenburg-Scbwerin, Mecklenburg-Strelitz, Mex- ico, Netherlands, Nicaragua, North German Union, Oldenburg, Orange Free State, Ottoman Porte, Peru, Prussia, Saxony, Hesse, Hesse and by Khine, Saxe-Weimar-Eisenach, Saxe-Meiningen, Saxe-Alteuburg, Saxe- Coburg-Gotha, Brunswick, Anbalt-Dessau, Anhalt-Bernbnrg, Nassau, Schwarzbnrg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Eenss elder branch, Reuss junior branch, Lippe, Hesse-Horaburg, Frankfort, Salvador, Schaumburg-Lippe, Spain, Sweden and Norway, Swiss Con- federation, Two Sicilies, Wlirttemberg. Assassination. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Ottoman Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Con- federation, Two Sicilies. Assault with intent to oommit murder. — AusUia, Baden, Bavaria, Bremen, Great Britain, Hanover, Japan, Mecklenburg-Sohweriu, Mecklenburg- Strelitz, Mexico, North German Union, Oldenburg, Prussia and other states, Schaumburg-Lippe, Wlirttemberg. Attempt to commit murder. — Belgium, Dominican Republic, France, Hayti, Italy, Luxemburg, Netherlands, Orange Free State, Ottoman Porte, Sal- vador, Spain, Sweden and Norway, Swiss Confederation. Two Sicilies. Attempt to commit rape. — Belgium, Luxemburg. Banhwptcn, fraudulent — Peru. Barratry, fraudulent. — Peru. Bigamy. — Belgium, Luxemburg, Netherlands, Peru. Breaking and entering public offices, etc. — Japan, Netherlands, Spain. Brealcing and Entering the house of another in the day or night time loith intent to commit felony . — Japan. Burglary. — Belgium, Ecuador, France, Italy, Japan, Luxemburg, Mexico, Netherlands, Nicaragua, Ottoman Porte, Peru, Salvador, Spain, Sweden and Norway. Counterfeit money, fabrication or circulation of. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, France, Hanover, Hayti, Italy, Japan, Luxemburg, Mecklenburg-Schwerin, Mecklenburg- Strelitz, Mexico, Netherlands, Nicaragua, North German Union, Olden- burg, Ottoman Porte, Peru, Prussia and other states, Salvador, Schaum- burg-Lippe, Spain, Sweden and Norway, Two Sicilies, Wiirttemberg ; and the introduction of or making instruments for the fabrication of, Mexico. 89 90 Counterfeitinff bonds, hank-notes, seals, dies, stamps, eic— Belgium, Ecuador Italy, Japan, Luxumburg, Netherlands, Nicaragua, Ottoman Porte, Peru, Salvador, Spain. Mmhezzlement of puhlio money. — Austria, Baden, Bavaria, Bremen, Mecklen- burg-Schwerin, Mecklenburg-Strelitz, Mexico, North German Union, Oldenburg, Pern, Prussia and other countries, Schaumburg-Lippe, Wiirttemberg. Embezzlement of puhlio money by puhlie officers. — Belgium, Dominican Re- public, Ecuador, France, Hanover, Hayti, Italy, Japan, Luxemburg, Peru, Netherlands, Nicaragua, Orange Free State, Ottoman Porte, Sal- vador, Spain, Sweden and Norway, Swiss Confederation, Two Sicilies. Embezzlement by persons hired or salaried. — Belgium, Dominican Republic, Fiauce, Hayti, Italy, Luxemburg, Netherlands, Nicaragua, Orange Free State, Ottoman Porte, Peru, Salvador, Spain, Swiss Confederation. Explosion, intentional, of mines or steam-boilers, causing severe injuries. — Peru. Forged paper, utterance of. — Bavaria, Belgium, Bremen, Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxem- burg, Mecklenbiirg-Sohwerin, Mecklenburg-Strelitz, Mexico, Nether- lands, Nicaragua, North German Union, Oldenburg, Orange Free State, Ottoman Porte, Prussia and other states, Salvador, Schaumburg-Lippe, Spain, Swiss Confederation, Wiirttemberg. Forgery. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Repub- lic, Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxemburg, Meoklenburg-Schwerin, Mecklenburg-Strelitz, Mexico, Netherlands, Nicaragua, North German Union, Oldenburg, Orange Free State, Ottoman Porte, Peru, Prussia and other states, Salvador, Schaumburg-Lippe, Spain, Sweden and No-way, Swiss Confederation, Two Sicilies, Wiirttemberg. Highway robbery. — Peru. Somicide. — Salvador. Infanticide. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Otto- man Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Confeder- ation, Two Sicilies. Kidnapping.— lta\ J, Mexico, Netherlands, Peru, Spain. Larceny of goods and chattels of the value of$2b or upwards.— Me:s.\co, Spain. Larceny. — Netherlands, Pern. Malicious destriwiion of or attempt 1o destroy raihoays, public edifices, etc., when the act endangers human life. — Japan. Manslaughter.— JtletherlanAB. Murder.— Austria., Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxemburg, Meckleuburg-Schwerin, Mecklenburg Strelitz, Mex- ico, Netherlands, Nicaragua, North Germau Uniou, Oldenburg, Orange Free State, Ottoman Porte, Peru, Prussia and other states, Salvador, Schaumbnrg-Lippe, Spain, Sweden and Norway, Swiss Confederation, Two Sicilies, Wiirttemberg. Murder, assault with intent to kill, and m,anslaughter on the high seas, committed on vessels of demanding country.— Ja,pa,n. Mutilation. — Mexico. 91 ifutsni/.— Belgium, Ecuador, Italy, Luxemburg, Netherlands, Nicaragua, Ottoman Porte, Peru, Salvador, Spaiu, Sweden and Norway. Obtaining by threats or false devices, money, valuables, ete. — Netherlands, Spain. Parricide. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Otto- man Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Confed- eration, Two Sicilies. Perjury, or the subornation of perjury. — Japan. Piracy. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxemburg, Meclslenburg-Schwerin, Meckleuburg-Strelitz, Mexico, Nic- aragua, North German Union, Oldenburg, Orange Free State, Ottoman Porte, Peru, Prussia and other states, Salvador, Sohaumburg-Lippe, Spain, Sweden and Norway, Swiss Confederation, Two Sicilies, Wiirt- temberg, Poisoning. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Otto- man Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Confedera- tion, Two Sicilies. Purchasing, knowingly, money, valuables, etc., obtained by false devices. — Nether- lands. Rape. — Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, Japan, Luxemburg, Mexico, Netherlands, Nicaragua, Orange Free State, Ottoman Porte, Peru, Salvador, Spain, Sweden and Norway, Swiss Con- federation, Two Sicilies. Beception of articles obtained by means of one of the crimes specified in the con- vention. — Belgium, Luxemburg. Robbery. — Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, France, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxemburg, Mecklenburg-Schwerin, Meckleuburg-Strelitz, Mexico, Netherlands, Nicaragua, North German Union, Oldenburg, Orange Free State, Ottoman Porte, Peru, Prussia and other states, Sal- vador, Schaumburg-Lippe, Spaiu, Sweden and Nor way, Swiss Cohfedera- tion. Two Sicilies, Wurttemberg. Slave trade. — Spain. Vessels, intentional destruction or loss of. — Netherlands, Spain. Wilful and unlawful destruction or obstruction of railroads. — Belgium, Lux- emburg, Netherlands, Peru. Wilful injuries to telegraph lines. — Peru. Appendix 0. PRACTICE IN VARIOUS COUNTRIES. In November, 1888, the Department of State instructed the ministers 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 practice in for- eign countries is taken partly from those reports and partly from other sources. The circular was as follows : You are instructed to make at an early day a report on tlie subject of international extradition, as practiced by tLe Government to which yon are accredited. Your report need not be confined to answers to specific questions, since it would be impossible for the Department to anticipate all the matters which you may find pertinent. But, for your guidance as 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 conventional obligation ? If so, upon vrhat conditions ? Is reciprocity required, or is the matter in the absolute discretion of the Gov- ernment ? 2. Is provisional 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 what 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 in either case ? Can arrest be secured on complaint before judicial authorities without prior ap- plication to the Kxeoutive ? 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? 92 93 5. In what form are papers requirefl to be authenticated ? 6. How 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 this law may furnish a definite answer to the questions above stated. The De- partment desires full information on the points suggested, but does not wish your written report to be unnecessarily amplified. ARGENTIIfB REPUBLIC. April 10, 1889, Mr. Hanna inclosed to the Department a translation of the articles of the criminal code of the Argen- tine Republic of October 17, 1888, relating to extradition, and a list of the country's treaties on the same subject. [Inclosiire 1. — Translation.] Mode of procedure of the Argentine Government in cases concerning extradition. Art. 646. The extradition of criminals, whether asked for by the Repu blio or granted at the request of another nation, is allowed only — (1) In cases determined by existing treaties. (2) In the absence of treaties, in those cases in which extradition may be allowed according to the principle of reciprocity or the uniform practice of nations. Art. 647. The judge having jurisdiction in the cause against a criminal absent in a foreign country shall alone be competent to take cognizance of the matter of his extradition. In case it is asked for by a foreign Government, the judge presiding in the district where the person required lives shall have jurisdiction. Art. 648. Provided there is a treaty, extradition will be asked for or conceded, according to the manner and conditions therein prescribed. 94 If there is uo treaty, extradition sball be asked for or conceded through the diplomatic channel, according to the procedure and conditions estab- lished in this Code. Art. 649. The judge who may have jurisdiction in the cause will ex- officio, or at the instauoe of the party concerned, by decision based on legal principles, grant and demand the extradition from the moment in which on account of the state of the process and its result, the extradition should be allowed. Aet. 650. Appeal may be taken from the^ decision by which the extradi- tion is either granted or refused, should 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 bylaw, 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 power, 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- meutor 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 judgesof the Republic, the national executive power will direct a corresponding letter to the Government of the uatlo]i where the refugee is, and will so advisi the judge asking for the extradition. Art. 653. The request for extradi tion having been passed 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.'i4. If the identity of the person is established by proof, prima facie at least, he must be notified to name qualified 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 iutrlusic validity of the documents 95 produced by the demanding Government, the determination heing limited to the following points : (1) Identity of the person. (2) Examination of the extrinsic forms of the documents produced. (3) Whether the crime or offense is embraced in either of the cases men- tioned in Article 646. (4) Whether the penalty adduced belongs to the category of penalties which, by the laws of the demanding country, correspond to the crime or offense in question. (5) Whether the penal action or corresponding penalty is prescribed ac- cording to the laws of the demanding country. (6) Whether the decision or warrant of arrest, as the case may be, ema- nates from the competent courts of the demandiog country. Art. 6.')6. 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 necessity to prove any facts, the case shall be re- ceived for evidence, and with regard to this, and to the procedure, the pro- visions of this Code will determine. AliT. 658. At the end of the time allowed for proof, the judge, with the pleadings before him, sliall decide within teu days, and will declare whether there is or is not ground for granting the extradition. Art. 659. An appeal from the decision of the judge of the section may be made to the Supreme .Court, which will briefly and definitely determine the matter, after taking the opinion of the Attornej'-General. The orig- inal papers will be passed to the minister for foreign affairs, retaining a sufficient record thereof, and said determination will be forwarded to the demanding Government. Art. 660. No criminal extradited shall be tried for an offense prior to that for which his extradition was asked. If on account of an offense committed previously to the order of extradi- tion, but discovered subsequently thereto, authorization should be asked to prosecute the person already surrendered, the demand, which shall be accompanied by the papers relating to the process, in which shall be con- tained the statement of the person accused or a declaration signed by him that he has no statement to make, shall be submitted to the judge of sec- tion, before whom the demand for his extradition shall have come, and from his decision there shall be no appeal. Art. 661. The Argentine Government may authorize the transit, through the territory of the Republic, of a person surrendered who is not an Argen- tine citizen, without any further requirement than the presentation, through the diplomatic channel, of the sentence, whereby he has been con- demned or the warrant issued for his arrest. Art. 662. The courts empowered to determine extradition cases will also have authority to determine whether papers and other things found on the person of the presumed offender shall be given iip to the demanding Gov- ernment either wholly or in part. Art. 663. Letters rogatory, issued by a competent foreign magistrate in a criminal matter not of a political character, shall be presented through 96 the diplomatic obannel, and shall be transmitted to the competent judicial authorities. Art. 664. In urgent cases they can be transmitted directly to the Argen- tine authorities, who must act without delay, provided they are not in con- flict with the laws of the Eepublio. Art. 6de the demand for extradition is expected, sub- ject to the delays heretofore indicated. 4. The di plomatic and consular agents have to transmit the demands for extradition to the ministry of foreign affairs, which, on its part, com- rauTiicates the same immediately to the minister of justice. In what con- cerns the other points, I take leave to call the attention of your excellency to article 3, sections 3, 4, 5, and 6 of the law of 15 March, 1874. The opinion expressed by the chamber of prosecution does not conclu- sively bind the Government, which, in spite of this opinion, may authorize the surrender. 5. The signature of the foreign authority which has made authentic the papers transmitted in support of the demand for extradition must also 104 have been autheutioated by the representative of the foreign country in Belgium. 6. The final 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 conventioual 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 March, 1874. Most of the treaties concluded by Belgium contain au 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 expense 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 dispositions relative to extradition and to matters referring to the same, also the treaties concluded by Belgium. Yoar excellency will find a'.so under this cover the other treaties concluded since the publication of the pamphlet iji question. Please accept, etc.. Lb Prince de Chimay. [Inolosnre.— Translation.] Ministry of justice. — Extradition law. , Leopold II, King of the Belgians, to all to whom these presents shall come, greeting : The chambers have adopted and we sanction the following : Articlb 1. The government may deliver up to the governments of foreign countries, on condition of reciprocity, any foreigner who is under prosecution or accusation, or who has been sentenced by the courts of said countries as principal or accessory, for one of the acts hereinafter enu- merated ccmmitted within their territory : 1st. Forassassinatiou, poisoning, parricide, infanticide, murder, violation of the person. ]05 '2d. For arson. 3d. For counterfeiting of public bills or bank-notes, of public or private bonds ; issuing or placing in circulation of such counterfeit bills, notes, or bonds; forgery in documents or in telegrapbic dispatches, and use of such counterfeit dispatches, bills, notes, or bonds. 4th. For false coinage, including the counterfeiting and alteration of coius, the issuing and placing in circulation of counterfeit or altered coin, and also frauds in the choice of samples for the verification of the title and weight of coins. 5th. For false testimony, and false declarations of experts or interpreters. 6th. For' theft, swindling, peculation, or embezzlement committed by public functionaries. 7th. For fraudulent bankruptcy, and frauds committed in failures. 8th. For association of evil-doers. 9th. For threats to commit such acts of violence against the person or property as subject their perpetrator to the penalty of death, compulsory labor, or recinslon. 10th. For abortion. 11th. For bigamy. 12. For attempts against individual liberty and the inviolability of the domicil, committed by private persons. 13th. For kidnapping, concealment, withholding, or substitution of an infant. 14th. For exposure or abandonment of an infant. 15th. For kidnapping of minors. 16th. For an attempt against chastity, with violence. 17th. For an attempt against chastitj', committed without violence, on the person or by the aid of the person of a child of either sex less thaiu fourteen years of age. 18th. For an offense against good morals by exciting, facilitating, or favoring habitually, in order to gratify the passions of others,, lewdness or corruption in minors of either sex. 19th. For blows given or wounds inflicted voluntarily, with premedita- tion, or having caused an apparently incurable malady, permanent inca- pacity for personal labor, loss of the full use of an organ, a severe mutilation, or death, although caused unintentionally. i 20th. For breach of trust and deception. 2l8t. For subornation of witnesses, experts, or interpreters. 22d. For false swearing.. 23d. For counterfeiting of seals, stamps, punches, and marks, use of counterfeit seals, stamps, punches, and marks, and unlawful use of genuine seals, stamps, punches, and marks. 24th, For bribery of public functionaries. 25th. For destruction of buildings, steam-engines, or telegraphic appa- ratus, destruction or defacing of tombstones, monuments, objects of art, documents or other papers, destruction or injury of wares, merchandise or other movable property, and opposition to the execution of public works. 26th. For destruction and devastation of harvests, plants, trees, or grafts. 27th. For destruction of agricultural instruments, destruction or poison- ing of cattle or other animals. 106 28th. For abandonmtnt by a captain, except in the cases provided for by law, of a merchant or fishing vessel. 29th. For running aground, loss, or destruction by the captain or the officers and crew; unlawful appropriation, by the captain of a ship or of a merchant or fishing vessel ; throwing overboard or unnecessary destruction of tbe whole or any part of the cargo, of the stores or appurtenances of the vessel; steering a false course; unnecessary borrowing and pledging as security the vessel itself, or the stores or fixtures thereof, the mortgage or sale of goods or stores, or entry in the accounts of fictitious damages or ex- penditures; sale of the vessel without special authorization, except in the case of unseaworthiness; discharge of cargo without previous report, ex- cept in the case of imminent peril ; theft committed on board ; adulteration of stores or goods committed on board by the admixture of deleterious sub- stances; attack upon, or forcible and violent resistance to, the captain by more than one-third of the crew ; refusal to obey the orders of the captain or officer in command, for the safety of the vessel or cargo, with blows and wounds; plotting against the safety, the liberty or the authority of the captain ; seizure of the vessel by the seamen or passengers by fraud or vio- lence toward the captain. , 30ih. For receiving and concealment of goods obtained by means of any of the crimes or offenses provided for by this law. The attempt, when punishable according to the penal laws, is included in the foregoing. Art. 2. Nevertheless, when the crimo or the offense giving rise to the demand for extradition shall have been committed outside of the territory of the party making the demand, the government may surrender, on con- dition of reciprocity, a foreigner who is under prosecution or sentence, in cases in which the Belgian law authorizes prosecution for the same offenses committed outside of the kingdom. Art. 3. Extradition shall be granted on the production of the original or of an authenticated copy of the sentence or writ of condemnation, or of the order of the council chamber, of the order of the chamber of indicts ments, or of the writ of criminal procedure, issued by a competent judge, formally decreeing the transfer of the accused to repressive jurisdiction. It shall likewise be granted on the production of the warrant of arrest, or of any other instrument having the samp force, issued by the competent authority in a foreign country, provided such instruments contain a pre- cise statement of the offense for which they were issued^ and that they be rendered execut ory by the council chamber of the court of first instance of the foreigner's place of residence in Belgium, or of the place where he may have been found. As soon as a foreigner shall have been imprisoned, according to one of the above-mentioned instruments, of the nature of which he shall be duly informed, the government shall receive the opinion of the chamber of in- dictments of the court of appeals in whose jurisdiction the foreigner shall have been arrested. The hearing shall be public, unless the foreigner shall request that it may be conducted with closed doors. The public ministry and the foreigner shall be heard. The latter may enjoy the benefit of counsel. 107 Within a fortnislit after the reception of the documents they sliall be re- ferred, with an opinion for which the gronnds shall be stated, to the minis- ister of justice. Art. 4. Extradition by way of transit across Belgian territory may, nev- ertheless, be granted without having received the opinion of the chamber of indictments, on the simple production of the original or of an anthenti- cated copy of one of the instruments of procedure mentioned in the fore- going article, when it shall have been requested for a state with which Belgium has a treaty comprising the offense which gives rise to the demand for extradition, and when it shall not be interdicted by article 6 of the law of October 1, 1833, and article 7 of this law. Art. .'). In an urgent case, a foreigner may be arrested, provisionally, in Belgium for any of the offenses 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 shallJiave been sentenced or prosecuted. Nevertheless, in such a case, he shall be set at liberty if, within fifteen 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 distant country, no communication is received of the warrant of arrest issued by the competent foreign authorities. This delay may be extended to three months if the country making the demand for extradition is not in Eur.)pe. After the order of arrest the examining magistrate is authorized to pro- ceed according to the rules prescribed by articles 87 to 90 of the code ol 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 shall be submitted to the council chamber. The council chamber shall likewise decide, after having heard the for- eigner, whether it is or is not proper to transmit, either in whole or in part, the papers and other objects seized, to the government making the demand for extradition. It shall order the restoration of the papers and other ob- jects having no direct connection with the offense with which the accused is charged, and, the case arising, shall decide upon the claims of third par- ties appearing as claimants. Art. 6. Treaties concluded in virtue of this law shall be published in the Moniteur; they can»not be put into execution until after the expiration of ten days from the date of that journal. Akt. 7. Extradition can not be granted, if, since the commission of the act with which the prisoner stands charged,, or since his prosecution or sen- tence, such a length of time has elapsed that the term of his liability to punishment has, according to the laws of Belgium, expired by limitation. Art. 8. Articles '2 and 3 of the law of December 30, 1836, concerning the repression of crimes and offenses committed by Belgians in foreign coun- tries, are applicable to the offenses provided for by article 1 of this law. Art. 9. They are likewise applicable to infractions in rural matters and in matters of forestry and fishing. 108 Art. 10. A foreigner who, after having committed, outside of the terri- tory of the kingdom, one of the offenses provided for by article 1 of the law of December 30, 1836, and by articles 1 and 9 of this law, shall acquire or recover the character of a Belgian subject, may, if he be in Belgium, be prosecuted, tried, iind punished there according to the laws of the king- doBj, within the limits fixed by the said law of DecemVer 30, 1836. Art. 11. Letters rogatory, issued by the competent authorities of a for- eign country, and requesting either a domiciliary visit or the seizure of the corpus delicti, or of objects which will establish the guilt of the accused, can only be executed in Belgium for one of the acts enumerated in article 1 of this law. Except in the case provided for by article 5, such letters shall first be rendered e.xecntory by the council chamber of the tribunal of first instance of the place where the search and seizure are to be made. The council chamber shall likewise decide whether it is proper to trans- mit, in whole or in part, the papers and other articles seized to the gov- ernment making the demand. It shall order the restoration of the papers or other articles having no direct connection with the offense with which the accused stands charged, and shall decide the case arising upon the claim of any third parties who may appear as claimants. Art. 12. The law of April 5, 1868, that of June 1, 1870, together with all the provisions of the law of October 1, 1833, with the exception of article 6, are hereby repealed. The words " according to the laws of April 5, 1868, .and of June 1, 1870," shall be stricken out of article 1 of the law of July 17, 1871, in relation to foreigners. We promulgate this law, and order that the seal of the. state be affixed to it, and that it be published in the Moniteur. Done at Brussels, March 15, 1874. Leopold. By the King: T. DE Lantshebre, Minister of Justice. Sealed with the seal of the state. T. DE Lantsheere, Minister of Justice. The second report, dated July 13, 1889, from Mr. Terrell, con- tains the following enclosure: [Translation.] Law making modifications in tlie law of extradition. Leopold II, King of the Belgians, to all present and to come, greeting : The Chambers have adopted and we sanction the following: Art. I. The section 2 of article 5 of the law of the 15th of March, 1874, is modified as follows : " However, In that case, ho" (referring to the party arrested) " will be set at liberty if, within the delay of three weeks dating from his arrest, he does not receive communication of the warrant of arrest delivered by the oom- Ijeteut foreign authority.'' 109 Art. n. The following provision will l>e inserted after article 5 of tlie aforesaid law, and will form article 5 bis : ' "When the foreigner reclaimed is found on a Belgian vessel which has left the territorial waters, the investigating judge of the district to which the port of departure belongs may issue the provisional warrant of arrest provided for by section 1 of the preceding article, and take, with the au- thorization of the minister of justice, the necessary steps in order that the existence of the warrant may be brought to the knowledge of the captain, either directly or by means of a consnl." " After receipt of this notice the individual reclaimed will remain under arrest on board until the return of the vessel or until the meeting with another Belgian vessel, which will take him on the same conditions, with- out prejudice of the power inscribed in article 47 of the law of June 21, 1849. "Mention will be made of all this on the log book 6n board" (ship's journal). " The delay prescribed by section 2 of article 5 aforesaid will take date, in that case, at the moment that the foreigner shall have been imprisoned in one of the state prisons." We promulgate the present law and order that the seal .of state be affixed, and that it will be published by the Monitenr. Given at Laeken, June 28, 1889. Lkopold. By the King : The minister of justice, Jules Lb Jeune. Sealed with the seal of state. The minister of j ustice, Jules Lb' Jeune. . On March 22, 1874, the miuister of the United States at Brussels transmitted to the Department a report* on the law of March 15, 1874, by the Belgian commission charged with the examination of the question of extradition. This report is as follows : EXTRAPITION. Meport made on hehalf of the Central Seetion,i by M. Wouters. [Session of February 2fi, 1874.) I Translation.] Gentlemen: Legislation with regard to extradition, after having long constituted an exceptional branch, entered some years since into the do- main of common law. * Printed in Foreign Kelations, 1874, pp. .56-63. tThe central section, presided over by M. SchoUaert^, was composed of Messrs. Santkin, Lefebvre, Van Iseghem, Pety de Thoz^e, Wouters, and Biebuyck. 110 The onward march of civilization, the wonderful inventions of modern times, and the modifications which have almost everywhere been intro- duced in penal procedure, are the principal causes to which this state of things is to be attributed. As nations have extended and multiplied their relations, they have real- ized the necessity of mutually aiding each other in the repression of offenses against the laws of universal morality and justice. Belgium has not remained behind in this movement. The law of 1633 was only of a provisional character, and required numer- ous improvements. These were made in 1868. We will briefly state what they were : The number of acts rendering their perpetrator liable to extradition, which were only a few offenses of exceptional gravity, has been extended to all offenses in common law which are provided for and made punishable by the penal laws of civilized nations. To the sentence of condemnation and the order of the chamber of indict- ments the law of 18G8 assimilated the writ of transfer from the council chamber and the instrument of criminal procedure issued by a competent judge, decreeing formally, or causing, with full authority, the transfer of the party accused to a court of repressive jurisdiction. The above was not the only modification made in the law. According to the law of 1833, when the transit of a criminal through Belgium was asked for by a government having an extradition treaty with onr country, such passage could only be granted by an observance of all the formalities required for extradition itself. The bill passed by the chambers in 1868 required only the production of the document serving as the basis of the extradition, without requiring in anything else notice from the chamber of indictments. A no less'important provision was introduced by article 4, which, in.ord'er to secure the prompt and efficient repression of crimes and offenses, permits the provisional arrest of a foreigner, in an urgent case, on the exhibition of a warrant of arrest issued by the examining magistrate of the place of his residence, or of the place where he may be found, based upon official notice given to the Belgian authorities by the authorities of the territory in which the crime or the offense shall have been committed. The law of 18f)8, moreover, rendered applicable to the offenses provided for in the first article, articles 2 and 3 of the law of December 30, 1836, con- cerning the repression of crimes and offenses committed by Belgians in other countries, and the law of July 7, 1865, concerning foreigners. Finally, it provided for the publicity of hearings before the chamber of indictments, and.granted to foreigners the privilege of defense by counsel. This reform, which we have thought proper to mention here for the pur- pose of better fixing the sense of the new provisions, was sanctioned by the almost unanimous vote of the chamber and of the senate, and ratified by the general sentiment of the country. Several more steps still remain to be taken in this path, and they form the object of the bill submitted to your consideration. It is to be remarked, this bill leaves previous legislation on the same sub- ject intact in all its essential parts. It merely introduces some improve- ments the propriety and utility of which have been demonstrated by ex- perience. Ill EXAMINATION OF THE SECTIONS. The 1st, 2d, 3cl, 4th, and 5th sections voted for the bill unanimously; in the 6th section it was adopted, three members voting for it and two not voting. In the third section a member asked if No. 3 of the 1st article of the bill included letters of credit and postage-stamps. The same member requested the government to explain itself in regard to the generic term deception, inserted in No. '20 of article 1st. In the 6th section, one member, referring to the 3d article of the bill, pointed out several objections to granting extradition on the prodnction of a warrant of arrest. He thought it preferable to leave existing legislation on this point unchanged. EXAMINATION IN THE CENTRAL SECTION. The general discussion was opened and closed without observation. In article first the section instructed its reporter to ast the minister of justice for the explanations desired by the third section. A member desiring to know why No. 12 of article first is only applicable to attempts against individual liberty, committed by private persons, and should not he applied to the same acts committed by agents of the public authorities, the section decided that a question in this sense should be addressed to the government. In transmitting to him the replies to these various questions, the minister of justice requested the reporter to remark to the central section that they do not relate to the modificatious which it is designed to introduce by the bill Into the present law. The minister said that the chamber would doubtless think, as did the government, that it was Important to alter the text of the existing law as . little as possible, so as to avoid a troublesome pertnrbalion in jurispru- dence and in the interpretation of international conventions. The minister added that he had, to this end, caused the changes which seemed desirable in the law passed six years previously in relation to the matter under discussion to be printed in italic letters in the bill. The central section shared this view. It is important to observe, while on this subject, that the list of offenses provided for in article 1 of the law of 1868 receives no additions by the bill under discussion. In including the receiving of stolen goods and assaults and wounds which have caused serious mutilation the bill only makes good an omission, the cause of which is pointed out in the statement of motives. It seemed proper expressly to mention complicity and the attempt to commit crime, which, in the practice of courts of appeal, have always been considered as being understood, by implication, in the terms of the law of 1833 and that of 1868, and have been mentioned since the latter date in all treaties made in accordance with that law. The new article 2, which provides that, when the crime or offense giving rise to a demand for extradition shall have been committed outside of the territory of the party making the demand, the government may deliver up, on condition of reciprocity, a foreigner who is under prosecution, or who has been sentenced, in cases in which the Belgian law authorizes pros- 112 ecutioii for tie same offeuses comiuiUea outside of the kingdom, was met ■witli no objection on the piirt of tlie central section. That section thought that this provision supplied an important desideratum in the law, aod that ample reasons for its existence were given in the statement of motives. A Belgian might happen to be condemned in contumaciam in Belgium for a crime provided for by article Ti of the code of criminal examination, and then might cause scandal by coming to make a parade of his impunity on our frontiers, without fear of being disturbed or delivered up ou account of an act committed outside of our territory. Everybody admits that the law can not tolerate such a Ihing. Nevertheless, in order to prevent certain countries from unduly extend- ing their jurisdiction in foreign countries, and thus removing persons whose extradition is desired by them from the jurisdiction of their natural judges, the bill wisely provides that the- government shall not surrender, on condition of reciprocity, a foreigner who is under prosecution or who has been sentenced, save iu cases in which the Belgian law authorizes prosecution for the same offenses committed outside of the kingdom. By reason of this restriction, which is formally stated in the law, the measure introduced can present no inconvenience. With regard to article 3, a member made the same observations that were made in the 6th section. A warrant of arrest seemed to him to be too summary a document to authorize extradition. He feared that this mode of proceeding might bring about abuses. It was better, he thought, to continue to require a previous examination in a foreign country. This opinion was not shared by the section. The measure whose adoption was proposed by the bill seemed to it to be supported by the strongest grounds. Let us observe in the first place, that it has been adopted in the treaties of all countries successively, save those which have been concluded by Belgium and the Grand Duchy of Luxemburg, and this constant and almost universal practice has given rise to no inconvenience. It is readily seen that the exceptional position in which we are placed iu this respect must be damaging to onr relations with foreign governments, since it does not permit us to offer a reciprocity founded upon broader bases, such as is gen- erally admitted in the conclusion of international arrangements in relation to extradition. Considered in itself, the proposed measure offers very great advantages, which we will succinctly examine. Its first effect will be to exert a decisive influence upon the speediness of the proceedings. It must be admitted that a preparatory examination in the absence of the party accused, so that he can not be confronted with his accomplices or with the witnesses, is necessarily incomplete and defective. Moreover, in the case of an arrest iu » foreign country, it being neces- sary that the decision for the transfer to a competent judge be produced within two months, the examining magistrate must confine himself to an investigation which is too often imperfect and inconclusive as to the facts of the case. 113 The case runs the risk, therefore, of beiug delivered over to the hazards of a hearing, without having been either matured or elucidated. The i. convenience is especially apparent in criminal matters, in which the intervention of the council-chamber is not sufficient, and in which the court must, in its turn, pronounce sentence within the allotted time. The inteiest of the accused is here identical witli tliat of the prosecution. Is it not evident that an examination held in his absence, when he can produce no evidence in his own behalf, must resuU in an order for the trans- fer of the accn.sed to a competent court, and that it can have no other eifeit than to prolong his detention without any benefit to him ? Besides, it frequently happens that the accused asks to be delivered up to justice in his own country without delay, without waiting to go through the formalities of extradition, although he is then obliged to renounce the immunities which are secured to him b,\' law and treaty. Henceforth this will not be the case ; he will be present himself through- out the examination, will choose a defender to aid him iu refuting the charges made against him, and that without being deprived of any of the guarantees provided by article 6 of the law of December 1, 1833, which was kept in force by the law of 1868. Let us uot lose sight of the fact that our organic extradition law was en- acted that we might conclude treaties with all civilized nations, and not only with countries whose forms of procedure are the same as our own. In order to obviate the difficulties which might have arisen from the dif- ference in the manner of organization of the repressive tribunals of foreign countries and those of Belgium, the law of 1868 assimilated to the writ of transfer from the council-chamber and to the order of the chamber of in- dictments the corresponding writ of a foreign criminal court. It was evidently impossible precisely to deliiie these documents; a rule, which permitted no deviation from it, was that they were to be the last in- strument of preparatory procedure transferring the accused to the juris- diction of his final judges. But how is it to be determined whether the foreign document possesses this character, and whether no intermediate instrument is to come between the warrant of arrest and the appearance of the accused before the judge who is to punish or acquit him ? What shall we say especially of the English and American warrants? Can we recognize them as really possessing the character which the law re- quires? What shall we decide as regards the order for .Ero^numg der XJn- tersuohung, which is a part of the German procedure, the auto de prision of the Spanish laws, &c. ? . These documents daily give rise to difficulties to ■ which the measure proposed by the bill would put an end, and which are now the only obstacle to the conclusion of an extradition treaty with the United States, which country has been the place of refuge for the majority of the great criminals who for some years past have escaped from justice in Belgium. The United States have inscribed in their laws the principle of the presence of the accused at every stage of his examination. The extradition on a warrant of airest is, moreover, readily reconcilable with the new provisions of the bill for precautionary detention, which has been viewed with such marked favor by public ojjinion. 204a 8 114 It may even be said that it is the corollary and the necessary condition of the passage of this bill. For if the legislator steps aside in this matter from the rigor of our penal procedure, if he leaves the accused party, who is presumed to be guilty, provisionally at liberty, this is done with the moral certainty that he will appear to answer the charge made against him. If he abuses the confi- dence of the examining magistrate by crossing the frontier, he must be re- stored, as speedily as possible, to his natural judges, without necessity of having recourte to all the formalities of a preparatory examination, the least inconvenience of which is that it is someiimes acodmpamed with de- lays which are iucompatible with a proper administration of justice. It is to be remarked that the new guarantees contained in the bill which was introduced on the 20th of January last are to be applicable to a Belgian surrendered by extradition for trial by the courts of his country. Thus, immediately after his examination, he may communicate with his counsel. (Arf. 3.) Thus also, within five days after the examination, the maintenance of the warrant of arrest will be made subject to confirmation by the council-chamber. (Art. 4.) The case is the same with the guarantees provided in the following arti- cles, the benefits of which can not be denied him. And let it not be said that a warrant of arrest is too summary a docu- ment, and that it does not permit the chamber of indictments to base its judgment upon sufficient information. This objection would seem more valid if Belgian judges had to decide concerning the guilt of accused parties whose extradition was demanded by foreign governments. This is no part of their duty; all that they have to do is to examine whether the o6fense with which the accused is charged in the document produced, be it a war- rant of arrest, writ of transfer, indictment, or sentence, is provided for and made punishable by our laws, and whether it is among the offenses enu- erated in the extradition treaty. A warrant of arrest not containing these indications would be irregular, and could not be accepted. Let us observe, finally, that the introduction of this measure in nowise impairs the guarantees provided by the laws of 1833 and 1868. Thus the warrant of arrest will first be rendered executory by the coun- cil-chamber; the session of the chamber of indictments, when the latter is called upon to give its opinion, is to be public, and a foreigner may enjoy the benefit of counsel. All these guarantees must evidently remove all fear of an arbitrary or ex- aggerated enforcement of the law. The provision of article 4 of the bill was adopted by the section without debate. The framer of the law of 1833 thought little about the transit question, and this is not at all strange ; extradition was ttien considered as a meas- ure of exceptional gravity, principally confined to countries bordering upon each other. Since that time the principle has become general as the rela- tions of nations have become extended, and the number of treaties has been greatly increased. Of the nineteen conventions which Belgium has with other countries, only four are with countries bordering upon her ; in the case of most of the others transit has become a necessity. 115 It was therefore a ueccssity that the formalities prescribed by our laws in this matter should be simplified in certain respects. Transit can not be considered as a real extradition, nor can a foreigner •who thus passes through onr country by compulsion be compared to one who comes of his own accord to seek an asylum there under the regis of its laws. To prevent his passage through our territory would be opposing a simple measure of execution, without any benefit to the foreigner ; it wonld cause long and costly delays, and wonld subject our country to inevitable reprisals. Belgium was therefore deeply interested in the adoption of a mode of procedure which should be free from these difficulties and delays. The law of 1868 provided for such a mode in its third article, and the new bill only supplemeuts that provision. The proposition to increase from ten to fifteen days the duration of tlie provisional arrest in the case of a country bordering upon onr own, and the authorization to extend this time to three mouths in the case of coun- tries not in Europe, did not form a subject of discussion in the section ; the reasous for this change are given in the statement of motives, and justify it in all points. A fiual improvement is introduced in article 12 (new) of the bill. It au- thorizes compliance with letters rogatory issued by competent authorities in foreign countries, and asking either for a domiciliary visit or the seizure of the corpus delicti or documents which can convict the accused, in the case, of one of the acts enumerated in the first article of this law. The need of this improvement had long been felt; the legitimate com- plaints-made in consequence of damage done to commercial and industrial interests rendered it very necessary. Various requests from our judicial authorities, asking that domiciliary visits and seizures might be made in other countries, have necessarily re- mained unexecuted, on account of the inability of our Government to grant reciprocity when similar requests were addressed to it by those countries. Our constitution declares that a man's domicil is inviolable, and per- mits a deviation from this principle only in the cases provided for by the law and in the form which the law establishes. No. 4 of article 5 of the law of 18B8 authorizes, it is true, the examining magistrate to proceed in accordance with the rules prescribed by articles 87 to 90 of the code of criminal examination, but this article is not appli- cable in tlie matter in question, in which it is nece.ssary to proceed to the visit aud seizure, independently of any demand for extradition. It was therefore proper to extend the exception somewhat. Belgium is interested therein in the same way as foreign powers, for it frequently happens that an accused person takes advantage of the time which precedes his arrest and sends his papers and correspondence across the frontier, such papers being all that can establish the evidence of his guilt and render the examination satisfactory. In reality, the seizure of embezzled articles or of documents which can convict is, as remarked in the statement of motives, but a kind of material extradition, which is based upon the same principles as the surrender of the accused. 116 But, iu the same maimer as extradition, the execution of letters rogatory requesting domiciliary visits and seizures must be surrounded by strong guarantees, designed to protect the domiciles of Belgian citizens from in- discreet and unwarranted search. The first of these guarantees should he to restrict the execution of let- ters rogatory in such matters to those cases iu which the law allows extra- dition to be granted. There will then be no danger of search in political matters or in matters in which the press is concerned ; uor will there be any in fiscal matters and others not specially provided for. A second guarantee inserted in the bill is the following: Letters roga- tory from a foreign country must be rendered executory by the council chamber of the tribunal of first instance of the place where the search and seizure are to be made. A doubt arose in the central section in regard to the proper interpreta- tion of No. 5 of article 12. The following is the reply of the minister of justice to the inquiry ad- dressed to him on this subject : " The provision of the concluding portion of article 12 (bill) can by no means result in investing the council chamber with the right to decide civil suits in oases in which the ownership of articles is claimed by a third party. The functions of the council chamber are in such cases purely conservative. It being its duty only to order the surrender of the articles seized to the foreign government, it has no other right except to refuse such surrender when third parties holding the articles, or others, such as unpaid hotel- keepers or tradesmen, are iuterested in having the seized articles prevented from crossing the frontier. " The action of civil justice naturally remains reserved in this case, as in the one provided for iu the 6th paragraph of article 5 of the law of 1868. The mention of the third parties appearing as claimants was only inserted in the bill for the purpose of formally enabling them to oppose, before the council chamber, the sending of the articles to a foreign country." This letter having been read to the section, a member jiroposed toexteud to the 6th paragraph of article 5 of the bill the provision of the coucludiug 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 themembers present voting in its favor. SCHOLLABRT, „ ,„ Chairman. Ed. Wouters, Ueporier. APPENDIX. Questions ashed ly the central section. — 1st. Does No. 3 of article 1 of the bill include letters of credit and postage-stamps? Replies of the minister of justice.— " 1st. Article 1, No. 3, of the bill, repro- ducing the text of the corresponding provision of the law of April .5, 1868 is applicable, as is that provision, to forgeries committed in letters of credit, which is evidently comprised in the terms of articles 196 and 197 of the penal code, which are referred to by No, 3, and which provide for the pun- 117 ishment of the crime of forgery and tlie use of forgeries wliioli have been committed in commercial papersor hlanlc checks or inprivate letters. (See Par- liamentary documents, 1867-'68, Appendix to No. 76.) "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 counterfeiting 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, as in the law of 1868, to attempts against individual liberty committed by private persons, and provided for by articles 434-442 of the penal code, bccanse 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, irts. 147 and 148 of the penal code), and because crimes of this kind mighr, ander certain circumstances, be of a political character." 3d. What is the precise meaning of the word deception in No. 20 of the bill ? "3d. The precise meaning ol the'wovA (leception in No. 20 of the bill is de- termined by the reference made by the law of 1868, same number, to articles 498-501 of the penal code. This word, therefore, includes deception prac- ticed in regard to the identity, nature, origin, and quantity of things sold, as well as the adulteration of articles of food." Amendment made by the central section : Art. 5, at the end. "And shall decide the case arising upon the claims of third parties appearing as claimants." BRAZIL. On February 4, 1887, the Imperial Government addressed to the Brazilian legations and consulates a circular stating the terms on which, even without a treaty, it was willing to comply with demands for the extradition of criminals. These terms are as follows : 1. When the crimes of persons whose extradition is demanded shall have been committed in the territory of the government making the demand, and the said government offers or is willing to reciprocate. 2. When crimes by their atrocity or frequency may endanger the mo- rality and safety of a people, such as robbery, murder, counterfeiting, forgery, and some others. 3. When the proofs are such that the laws of Brazil, if the crime were committed in its territory, would justify the arrest and trial of the criminal. 4. When extradition is demanded by the minister of the nation within whose jurisdiction the offense took place. 5. If the accused shall have committed crimes in more than one conn- 118 try and his extradition be demanded by more than one government, he will 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 ca§e 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. Den by made the followiug report : Sik: 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 ffom 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 not judged extradition treaties to be necessary. Under the exterritorial system a foreigner in China issubji;ctto 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 hold in this legation and by the consuls that an Ameri- can who is charged with being an fibsconding criminal from any country with which we have extradition treaties can be arrested in China by our consuls and delivered up after the proof re^juired by the treaties has been made. I suppose that a consul would have jurisdiction to arrest an Ameri- can absconding from the United States on a charge of crime committed by him in the United States aud 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 hot 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., Chaules Denby. 119 [Inclosure 1.] Treaty of June 26, 1858, hetween China and Great Britain. Akticlb XXX. If criminals, subjects of China, shall take refuge iu Hong-Kong or on board the British ships there, tliey shall, upon due requisition by the Chinese authorities, be searched for, and, on proof of their guilt, be deliv- ered up. In like manner, if Chinese offenders 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, hetween China and Japan. Article XII. If any subject of either power, having violated the law of his own coun- try, secrete himself iu an official building, merchant vessel, or warehouse (if 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 siibject to the authority of the other, the latter shall imme- diately take steps for the arrest of the oifeuder, without show of favor. Whilst in custody he shall be provided with food and clothing, and he shall not bo subjected to ill usage. flnclosure 3.1 Treaty of Deeeniber 1, 1887, between China and Portugal. Article XLV. As regards the delivery of Portuguese and Chinese criminals, with the exception of the Chinese criminals who take refuge in Macao, and for whose extradition the governor of Macao will continue to follow the ex- isting practice, after the receipt of a due requisition from the viceroy of the two Kwangs, it is agreed ttiat in the Chinese ports open to foreign trade the Chinese criminals who take refuge at the houses or on board the ships of Portuguese subjects shall be arrested aud delivered to the Chinese authorities on their applying to the Portuguese consul; and likewise the Portuguese criminals who take refuge in China shall be arrested aud de- livered to the Portuguese authorities on their applying to the Chinese au- thorities, and by neither of the parties shall the criminals be harbored, nor shall there be delay in delivening them. 120 COLOMBIA. The following is taken from the work of Mr. Seijas, El Dere- cho Internacional Hispano-Americano : It is necessary to call atten cion to the fact that none of the existing con- ventions concerning the extradition of criminals that were concluded by the Republic previously to the adoption of the constitution of 1863, 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 aforesaid, which was concluded with the United States Government. The broad interpretation given to that provision of article 15 of the constitution which guarantees the lives of persons traveling or sojourning in Colombia, on which this modiflcation 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 only 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, which 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 couventions 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 trcnsient 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 afford 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 must itself abstain from violating it or co-operating in its destruction even by way of punishment." (Seijas, El Derecho Internacional Hispano-Amer- icano, 188; extract reprinted from Foreign Relations of Colombia, 1884.) 121 FEANCE. January 14, 1889, Mr. McLane made the following report : Sir: In reply to your circular of November 26tli, 1888, instructing me to make a report on the subject of extradition, as practiced by the Government to which I am accredited, and suggesting certain inquiries for my guidance, I have the honor to send herewith : 1st. A report showing the different stages through which a requisition for the surrender of a fugitive criminal passes in France. This report was prepared by Mr. Vignaud, 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 occasionally 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 suliject of extradition was being discussed in this legation in connection with the case of Edmund Yard, with which the De- partment is familiar, aud in which Mr. Kelly was employed for the prosecu- tion. I have, etc., Egbert M. McLanb [Inolosurel.] Extradition as practiced in France. As now understood and practiced in I<\-ance, international extradition is not difficult. The following sketch will show the dififereut stages through which an extradition proceeding passes: General conditions.— The 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 the matter is entirely within its discre- tion. When there is a treaty it does not consider itself as obliged to re- fuse extradition for offences not mentioned in that treaty. Who may he surrendered. — It surrenders foreigners only. When the fugi- tive belongs to a country which is not the one applying for the extradition the diplomatic representative of that country is informed of the applica- tion, and asked if he has any objections to the extradition. This is a mat- ter of comity ; the French Government is not bound to refuse the extradition if it is objected to, its object being sitnidy to enable the representative of a foreign power to extend protection to his countrymen. To communica- tions of this kind this legation usnally replies that it has received no in- struction to oppose the extradition. When the fugitive applies himself to the legation one of the gentlemen acting as oar counsel is requested to ex- amine the case, and if it is found that there is occasion for interfering we intervene. I have done so, however, only once. The French Government does not surrender its citizens ; its reasons are that the French tribunals are the natural judges of a Frenchman, and that all Frenchmen can be prosecuted and tried in France for offences commit- ted abroad. 122 Jpplicalion for the extradition of a fugitive. — Application for the extradi- tion of a fugitive from justice who has taken refuge in France must he made in all cases through the diplomatic channel. Ifr 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 offence 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. lu cases of emergency 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 requisition 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 justiceexamines 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. AA'^heu the proceedings reach this stage, the minister of interior has no discretion in the matter. He can abstain from arresting a fugitive when 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."— Tho procureur, who receives at the same time communication of all 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- 123 qu'intly he can be tried for any offeaoe with which he may be charged. If he refuses to be voluntarily surrendered the proceedings follow their course. If he consents he signs a paper to that effect. It should be noted that this interrogation takes place iinmodlately after the arrest of the fugitive, and that it is only when arrested, by exception, 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 attorney-general. — In both cases the procureur reports to the attorney-general, who reports to the minister of justice. Again hefore tJie minister of justice. — If tjie 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 minister 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 are furnished to the minister for for- eign affairs, who notifies the demanding Government. Transit. — The French Government grants the right oftransit across its territory of criminals surrendered by another Goverument." "Usually tliis favor is obtained through the diplomatic representative of the demanding Government, whois expected to state that the criminal extradited is not a Frenchman, and that his crime is not political, but one at common law. The transit is made in the custody of French agents. Payment of expenses. — The rule adopted between France aud 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 proceedings 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. Prope)-ty of a fugitive surrendered. — The property or effects of a fugitive whose extradition is appliedforare invariably seized upon his arrest, whether the arrest is provisional or not. If, for some cause or other the extradi- 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 charge of the fugi- tive or to the diplomatic representative of the demanding Government. The foregoiug sketch shows that if the minister of justice has much to do with all extraditions in France, the courts of justice have not. A fugi- tive whose extradition is applied for can have a counsel, but he derives from him very little assistance. The French Government being author- ized by law to expel any foreigner without giving any reason for its action, no foreigner can appeal to the courts for protection in such cases. In ex- tradition matters the foreign Government with which France has a treaty 124 cau complain of the manner in which it, is applied; the fugitive can not. He is entirely in the hands of the GoTernraent that may grant his extradi- tion even if not obliged to do so by the treaty. [Inclosure 2.1 Mr. Eelly to Mr. McLane. Paris, December 9th, 1887. Dear Sib: Confirmingmy 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 ought 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 progress that has taken place within the last ten years in mat- ters of extradition is sufficient argumeut in itself for anew treaty. Not only have recent extradition treaties differed as to the Character of offences 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 contine myself to pointing out the defects which apjjear most loudly to demand attention. They may be briefly summarized as follows: First. The list of extraditable offenses should be eularged. 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 arraugenient; as to expenses should be modified. Sixth. Provision should be made for the seizure of property involved iu extraditiou proceedings. 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 difference between the two. In the sec- ond place, it embodied the result of experience during the twenty years that preceded it. In 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. Tbe list of extraditable offenses should be enlarged. A comparison of the treaty between tbe United States and France above mentioned with that of 1876 between Great Britain and France is the best commentary under this head. 125 Second. Extraditable offenses should be properly defined. Under the system adopted in the treaty of 1843 reference 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 purpose, and under the additional article of 18.o8 neither law is either directly or indirectly referred to, but the definition of the offenses added bears upon its face an atteaipt 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 be parenthetically staled that this article as published in the " Bulletin Officiel " is absolutely differ- ent from that published in our own official publications. The effect of referring to either one of the two legislations involved for au extraditable offeuse occasions a perpetual conflict of law, which it is of the greatest importance to eliminate. Au interesting instance of this con- flict arose in the case of Edmund Yard. The question in that case was whether an execi\tor under American law could be assimilated to an officier ministeriel 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 warrant of arrest was granted. Under the French system a demand for extradition gives rise to no judi- cial proceedings whatever. The papers produced by 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, the Government by purely administrative decree grants the extradition without judicial proceedings of any kind. The French system is an arbitrary one which could not be adopted in England and America where the personal liberty of the individual is sur- rounded by safeguards. The existence of the habeas corpus act in Anglo- Saxon countries makes it necessary for them to adopt a system which can in no way be assimilated to that prevailing in France. The existing treaties with the United States are absolutely silent on this subject, whereas the English treaty goes into this matter with care and precision. Fourth. An agreement for provisional arrest should be inserted. The ]>rovision in the new treaty of France with Belgium of the 29th of April, 1869, has in this respect given satisfaction to both parties, and might convenieutly serve as a model to us. The need of such a provision is all the greater in our case inasmuch as the distance between the two countries 126 is considerable ; acreet upou a telegraphic despat.cli engages the responsi- bility of the Government so arresting to such an extent that it is often diffi- cnlt in the absence of express treaty stipulations to obtain it. Moreover, an extradiiion treaty should provide for so vital a contingency as this so as to make it a matter not of favor but of right. Fifth. The existing arrangement as to expenses should be modified. The difference in the systems of extradition adopted in the two countries already referred to gives rise to ranch greater expense in the United States Ihan in France. If our legislation is of a character to throw around the liberty of the individual safeguards unknown to the French law, aud we choose 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 tlie demanding Governmeut paid all the expenses and adopted the better rule that each Government should pay the expenses of its own proceedings. This point ha^an important practical bearing. For ev^y 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 afl'ected 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 countries on other subjects to over- come. Sixth. Provision should be made for the seizure of property involved in the extradition proceedings. The importance 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 now treaty with the United States. 1 trust,therefore, that the favorable disposition of the French Government will contribute to facilitate the repairing of the defects of the existing conven- tion. Your obedient servant, Edmond Kelly. GEEMAKY. July 3, 1889, Mr. Colemau made the following report: Sir: Referring to the separate instruction of November 5>6 last of the Department of State directing me to make a report on thesubjeot 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 127 source aud the only authoritative one from whioli mucli of the important information sought could he ohtained, I, upon the receipt of the instruction referred fo, addressed a note to the secretary of state for foreign affairs asking that I might kindly he furnished with theinfoi'mation called for iu the ten groups of questions containeil in the same. In response to my api)lication I received on the 1st instant a note from the foreign office, accompanied by a voluminous "memorial" containing very full and interesting data respecting the subject of my inquiries, for which I have since thanked Qount Berchem, at present in charge of that office, 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, whicli arc herewith inclosed, with translations which I have prepared for the purpose, that imperial and Prussian legislation, other fhau 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, vrhich declares that a German shall not be delivered oven 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 iu such cases of reciprocity by the demanding state. The records of this legatiou, notably in the case of the requisition for the surrender of Plath, Peters, and Treiber, treated of in dispatch No. 456, of June 20, 1887, aud in earlier dispatches from this legatiou, 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 employment of means in the search for fugitive criminals from the United States. The imperial treaties relating to extradition referred to in the "memo- rial" are transmitted herewith iu duplicate, under separate cover. The treaties on this subject concluded by the individual states constituting this empire with foreign nations will be found reproduced iu "Marten's Nouveau Recueil de Trait^s," in the library of the Department. There appears to be no other printed compilation of those treaties, and separate copies of many of them cau not now be obtained. I have, etc.. Chapman Coleman. [Inclosure 1. — Translation.] Count Holstein to Mr. Coleman. Foreign Office, Berlin, June 27, 1889. The undersigned has the honor, referring to the note of the 14th De- cember last, to inform the oharg6 d'affaires of the United States of America, Mr. Chapman Coleman, that the practice in matters relating to estradi- tion, in so far as existing extradition treaties do not contain provisions hav- ing application to the same, is not uniformly regulated for the empirOj and 128 that, as regards Prussia in particular, the procedure depends less on gen- eral rules than on the priuciples adhered to in practice. In order to answer fully the questions presented in the note referred to, it became necessary to make a close examination — the results of which will be found embodied in the accompanying memorial— 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 he uniformly auswered for all the confeder- ated German states, have been answered in that document as relating to the case of applications 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 procuring the same. The undersigned at the same time avails, etc., HOLSTBIN. [Inolosure 2. — Translation.! Memorial eoncerning the procedure on infernalional extradition employediy 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. Lie delivered over to such country, but, the case being an appropriate 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 accouut 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 ou certain conditions, there exist for the German Empire, and iu 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 tho legislative factors, the Bundesrath and the Eeichstag, have, however, the force of laws. These are the extradition treaties of the empire with the following countries : Italy, of October 31, l»7l (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). 129 LnxembnTg, of March 9, 1876 (I, L. G., 1876, p. 223). Brazil, of September 17, 1877 (I. L. G., 187H, p. 293). Sweden and Norway, of January 19, 1878 (I. L. G., 1878, p. 110). Spain, of May 2, 1878 (I. L. G., 1S;8, p. 213). Uruguay, of February 12, 1880 (I. L. 6., 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 Uepublic, of January 22, 1885 (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 own 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 union 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 16, 1852, which applies to all of the states of the former North German Union, and also to Hesse, south of the Main, and to Wurtemberg, there exist separate treaties with Bavaria and Baden, of September 12, 1853, and January 30, 1857, respectively. In detail the questions numbered 1 to 10, propounded in the communica- tion 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 union, 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 to friendly nations to permit persons who are prosecuted in foreign countries on aecountof vile penal acts to evade punishment by the appro- priate foreign courts by obtaining shelter in this country. In accordance with this view, therefore, such persons are also without treaty obligation, or in extension of such, upon the request 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 require that by the submission of a warrant of arrest issued by the appropriate foreign court, or in some other suitable manner, it be shown on account of what acts the person in question is prosecuted, and that reciprocity on the part of the foreign state appears to he assured. What shall he deemed requisite in such cases as re|;ards the matter itself depends upon the free determination of the Government, The requirement of reciprocity could, however, not be dispensed with, since, with every dis- position on the part of Germany to extend to foreign governments official co- operation in order to bring fugitive criminals to deserved punishment, it can, nevertheless, not be regarded as proper to accord to a foreign country an assistance in furthering the ends 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 204A 9 130 (locutuen,ts to be submitted with the same, the provisional arrest and de- tention of a fugitive criminal can be granted. In so far as individual ex- tradition treaties do not contain contrary provisions, the foreigtf govern- ment seeking extradition must, in order to secure provisional arrest and de- tention, make requisition therefor. For such proceedings the diplomatic channel, if no other means are provided, would constitute the rule. The requisition must regularly show on acconnt 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 tiie requisition accompanied by the doc- uments necessary to support the same has not been made within snch period. This period is fixed by the treaties with Belgium and Luxemburg for the adjoining Kingdom of Prussia, and as regards Luxemburg, also for the ad- joining imperial territory of Alsace-Lorraine, at fifteen days, and for the re- mainder of the trnion at three weeks ; pursuant to the treaties with Italy and Switzerland at twenty days; with Sweden and Norway at six weeks; with Spain at two months, and, as regards the foreign possessions of Spain at three months; with Brazil and 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- stanoes, 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- suchungs-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. Provisipnal arrest in Prussia takes place solely by direction of the adihinistrative (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 arrest of a criminal whose extradition has been formally requested, as well as the provisional arrest, devolves in general upon the administrative (police) authority. A departure from this rule takes place only in so far as individual extradi- tion treaties contain provisions not in accord therewith — as, for instance, the treaty with England. While, pursuant to that treaty, the person whose extradition is requested is to be primarily arrested by the appropriate authorities— therefore in Prussia by the police authorities — such person is -thereupon to be conducted before the judge who is to examine the prisoner 131 and provisionally investigate'the penal case in the same'manner as if the arrest had been made on account of a punishable act committed in the home country (of the judge), so that the further detention depends upon the determination 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 purpose of establishing 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 obtaiu provisional arrest and de- tention, orarrest 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 retiuisition for surrender has been made by the government desiring extradition npoa the government from whom it is desired, it rests with the latter to adopt in ac- cordance with its laws and iustitntionsfurthernecessary measures. There- fore when a requisition for extradition or for provisional arrest has been made by a foreign government, instruction is given to the appropriate German authority to olBcially take or cause to be taken the measui-es appropriate to the purpose. In accordance therewith, in particular, the judicial measures requisite for arrest or detention are taken ex-offioio, or the state attorney is directed to take them, without it being left to the foreign government and its official reprpsentati ves to apply them.selves like a private party to the German authorities or conrts, and thus pro.secute their claim to extradition, which rests on an international basis, like a private claim l)y means of a complaint before the authorities of the country. Only in the treaty with the United States of America is a " state- ment supported by 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 sul)jected to a provisional examination. If objections to according surrender are not found at this stage of the procedure, the matter is cus- tomarily turned over to theprovin jial authorities for closer investigation, and in such manner that the administrative authority (the governmental president) and the state attorney having jurisdiction at the plaoB where the arrest of the fugitive takes place are entrusted therewith. Upon the administrative authority devolves in this connection in particular the in- vestigation of the relations which concern the person and nationality of the fugitive, while the question whether the punishable acts with which the fugitive is charged afford in their legal nature sutHcient grounds for extradition is especially one for the the examination of the state attorney. The courts participate in Prussia in this investigation only In so far as ex- pressly provided for in the extradition treaties with foreign states, asin par- ticular with England and the United States. This provision, however, as already indicated, has only been embodied in those treaties in consideration of the circumstances that in the foreign states in question a judicial proced- ure takes place in which evidence of the guilt of the fugitive must be sub- mitted, which appears to render it proper that a like requirement should be made on the German side in case of requisitions by those states, and that 132 tlie evidence submitted by them should be subjected to examination here also. lu these cases it devolves upon the German courts to pass upon the sufficiency of the evidence submitted, in order that — in accordance with the laws of the state upon which the requisition is made— it maybe shown either that the commitment of the fugitive for trial, in case the punishable act had been done in that state, would be justifiable, or that the fugitive 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 npon 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 reason 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 prosecution 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 (Aburtheiluug), 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 oases 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 id the original or in authenticated copies, and iu 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 with 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 the documents are transmitted to other 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 Jiiakiug 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 certificate of authentication is prescribed there in which it is espe- cially expressed that the documents in question are sufficient as evidence 133 in Germany, it will be aeoesaary to add to the documents submitted with an American requisition 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 United States, and that they are entitled to full credence there. 6. After the provincial 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, tlie decision upon tlie requisition for extra- dition ensnes 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 Eoyal 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 oliaucellor 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 malting 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 in case the ap- propriate authority of the state applied to for extradition has directed their delivery, are surrendered 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 tlie 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 Gorman side, in case of an American requisition 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 the 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 place where he is detained. If the conveyance home of the criminal takes place by sea on a vessel [not] carrying the German flag, and a person has beeu 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 question. If the voyage is to take place on a German vessel, the fugitive, for the reason that authority over a prisoner can not be accorded to a foreign official on board a German vessel, in Ger- man waters or on the high sea, is not deli vered over to such official until the territorial waters of the state making the requisition are reached. As soon as extradition is granted the measures necessary to effect it are immediately taken. A particular period within which the fugitive must be taken in charge or removed from the country is not fixed either by law or by treaty. 9. The transit of a criminal surrendered by a third state is granted by the Government of His Majesty the Emperor or by that of another state of the union under the same conditions as extradition. What the German 134 attitude with respect to England and the United States of America would be in snch cases, and whether in particular proofs of the guilt of the fugi- tive would be necessary, Las 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 depeudeat npon the submission of snch proofs, have no objection to permit the transit of a criminal to England or the Uuited States in the same manner, without submission of proofs of guilt, upou the production only of a warrant of arrest issued by the English or American judge. Transit through German territory takes place regularly with the accom- paniment of a German police official. 10. As regards costs it is tbe 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 fngitive 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 bo home rather by the state upon which the requisi- tion is made. Thisprinciide has been embodied iu all extriidiiion treaties as yet concluded by the empire, and is also regnlarly applied in extradi- tions wliich takeplaceonthe basis of reciprocity without treaty obligations. Apartfiom an ohier agreement witU Ausfria-Hungary made in the period of the confederated relation, only the treaties existing between Germany and the United States of America contain a provision pursuant to which the costs of the arrest and extradition are to be repaid by thegovernment mak- ing tlie requisition. Tbis provision, in connection with the largo amount of the costs which arise in America, has resulted in compelling the German authorities in many cases to ab.staiu from making reqnisiiion for the extra- dition of criminals who have found an asylum in the Uuited States of America. GREAT BRITAIK. I.—BSITISH LEGISLATION. EXTBADITION ACT (1870). [33 and 34 Vict., c. 53.] AN ACT for amending the law relating to the extradition of criminals. [9th AuGnsT, 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 witbin 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 assembled, and by the authority of the same, as follows: 135 PRELIMINARY. Short title. 1. This act may be cited as "The extradition act, 1870." Where arrangement for surrender of criminals 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 criminals 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 Parliament be not then sitting, within six weeks after the then next meeting of Parliament, and shall also be pub- lished in the "London Gazette." Restrictions on surrender of criminals. 3. 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 prove to the satisfaction of the police magistrate or the court before whom he is brought on habeas corpus, 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 offense of a political character : (3) A fugitive criminal shall not be surrendered to atbreiga state unless provision is made by the law of that state, or by arrangement, that the fugi- tive criminal shsill not, until he has been restored or had an opportunity of returniug to Her Majesty's dominions, be detained or tried in that for- eign state for any offense 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 offense for which his surrender is asked, or is undergoing sentence underany conviction in the United Kingdom, shaU not be surrendered until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise : (4) A fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender. 136 Provisions of arrangement for surrender. 4. An order in council for applj-ing this act in tlie case of any foreign state shall not be 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. PubUcation 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 (afierthedate specified in the order, or if no date is specified, after the date of the publication) shall, 80 long as the order remains in force, but subject to the limitations, re- strictions, conditions, exceptions, aud 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 tiie order, and the validity of such order shall not be questioned in any legal proceedings whatever. LiaWiti/ 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 slate for issue ofxearraut in United Kingdom if crime is not of a political 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 reprosentative of that foreign state. A secretary of state may, by order, under his hand and sea], 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 iit, 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 magistrate, on the receipt of the said order of the secre- 137 tary of state, and ou suoli evidence as would, ia his opiuion, justify the issue of the warrant if the crime had been committed or the criminal con- victed in England ; and ' (2) By a police magistrate, or any justice of the peace in any part of the United Kingdom, on such information or complaint and such evidence or after such proceedings as would, in the opinion of the person issuing the warrant, justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of the United Kingdom in which he exercises jurisdiction. Any person issuing a warrant uuder this section without an order from a secretary of state shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to a secretary of state, who may, if he thiuli fit, order the warrant to be cancelled, and the person who has been apprehended on the 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 having power to issue a warrant under this section, who shall, by warrant, order him to be brought, and the prisoner shall accordingly be brought, before a police magistrate. A fugitive criminal appreheuded on a warrant issued without the order of a secretary of state shall be discharged by the police magistrate, unless the police magistrate, 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 political character of crime. 9. When a fugitive criminal is brought before the police magistrate, the police magistrate shall hear the case in the same manner, and have the same jurisdiction and powers, as near as may be, as if the prisoner were brought before him charged with an indictable offense committed in England. The police magistrate shall receive any evidence which may be tendered to show that the crime of which the prisoner is accused, or alleged to have been convicted, is an offense of a political character, or is not an extradition crime. Committal or discharge of prisoner. 10. In the case of a fugitive criminal accused of an extradition crime, if the foreign warrant authorizing the arrest of such criminal is duly authen- ticated, and such evidence is produced as (subject to the provisions of this act) would, according to the law of England, justify the committal for trial of the prisoner if the crime of which be is accused had been committed in England, the poliee magistrate shall commit him to prison; but otherwise shall order him to be discharged. In the case of a fugitive criminal alleged to have been convicted of an extradition crime, if such evidence is produced as (subject to the provisions of this act) would, according to the law of England, prove that the prisoner was convicted of such crime, the police magistrate shall commit him to prison ; but otherwise shall order him to be discharged. 138 If he commits siicli criminal to prison, he shall commit him to the Mid- dlesex house of detention, or to some other 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. Swrender of fugitive to 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 he 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 ease may be, or afler 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 wliich the requisition for the surrender proceeded, and such fugitive criminal shall be surrendered accordingly. It shall be lawful for any person to whom such warrant is directed, and for the person so authorized as aforesaid to receive, hold in custody, and convey withiu the j urisdiction 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 dominions to which he escapes may be retaken upon an escape. Discharge of persons apprehended if not conveyed out of United Kingdom within 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 snch 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 given 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 warrant of police magistrate. 13. 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 subsequently indorsed by a justice of the peace having jurisdiction in the place where the same is exe- cuted. 139 Depositions io he evidence. [6 and 7 Vict., c. 76.] 14. Depositions or statements on oath, taken in a foreign state, and copies of such original depositions or statements, and foreign eertifieates 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 warrants. [29 and 30 Viot., o. 121.) 15. Foreign warrants and depositions or statements on oath, and copies thereof, and certificates of or judicial docunienls stating the fiict of con- victiou, 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 fiiUows: — (1) If the warrant purports to be signed by a judge, magistrate, or officer of the foreign state where the same was issued ; (a) 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, (:5) 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 may 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 by it to be received in evidence without further proof. CRIMES COMMITTED AT 6BA. Jurisdiclion as to crimes committed at sea. 16. Where the crime in respect of which the surrender of the fugitive is sought was committed on board any vessel on the high seas which comes into any port of the United Kingdom, the following provisions shall have effect : — (1) This act shall be construed as if any stipendiary magistrate in Eng- land or Ireland, and any sheriff or sheriff substitute in Scotland, were sub- stituted for the police magistrate throughout this act, except the part relat- ing to the execution of the warrant of the police magistrate : (i) The ciiminal may be committed to any prison to which the person committing him has power to commit persons accused of the like crime : (3) If the fugitive criminal is apprehended on a warrant issued without the order of a secretary of state, he shall be brought before the stipendiary magistrate, sheriff, or sheriff substitute, who issued the warrant, or who has jurisdiction in the port where the vessel lies, or in the place nearest to that port. 140 FUGITIVE CRIMI\-ALS IN BRITISH POSSESSIONS. Proceedings as to fugitive criminals in British possessions. 17. This act. when applied by order in 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 f.ir the United Kingdom or England, as the case may require, bnt with the following modifications; namely, (1) The requisition for the surrender of a fugitive criminal who is in or suspected of being in 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 whicJi 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 surrender of a fugitive criminal may be done by the governor of the British possession alone : (3) Any prison in the Biitish 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 elfect, within snch possession, the surrender of fagitive crimi- nals who are in, or suspected of being in, snch 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 in force there, and no longer ; or direct that such law or oi-dinance 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 orime. 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 had an opportunity of returning to such foreign state, be tria- ble or tried for any offense committed prior to the surrender in any part of Her Majesty's dominions, other than such of the said crimes as may be [iroved by the facts on which the surrender is grounded. 141 As to use of forma in seeorld schedule. 20. The forms set forth in the second schedule to this act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and in the case of a British poSBessiou may he so used, mu- tatis mutandis, and when used shall be deemed to bo valid and sufficient in law. Eevooation, etc., of order in council. 21. Her Majesty may, by order in council, revoke or alter, subject to the restrictions of this act, any order in council made in pursuance of this act, and all the provisions of this act with respect to the original order shall (so far as applicable) apply, mutatis mutandis, to any such new order. Application of act in Cliannel Islands and Isle of Man. 22. This act (except so far as relates to the execution of warrants in the Channel Islands) shall extend to the Channel Islands and the Isle of Man in the same manner as if they were part of the United Kingdom; and the royal courts of the Channel Islands are hereby respectively authorized and required to register this act. Saving for Indian treaties. 23. Nothing in this act shall affect the lawful powers of Her Majesty or of the governor-general of India in council to make treaties for the extra- dition of criminals with Indian native states, or with other Asiatic states conterminous with British India, or to carry into execution the provisions of any such treaties made either before or after the passing of this act. Power of foreign state to obtain evidence in United Kingdom. 24. The testimony of any witness may he obtained in relation to any criminal matter pending in any court or tribunal in a foreign state in like manner as itlnay be obtained in relation to any civil matter under the act of the session of the nineteenth and twentieth years of the reign of her present Majesty, chapter one hundred and thirteen, intituled "An act to provide for taking eviidence in Her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals;" and all the provisions of that act shall be construed as if the term civil matter in- clnded a criminal matter, and the term cause included a proceeding against a criminal: Provided, That nothing in this section shall apply in the case of any criminal matter of a political character. Foreign state includes dependencies. 25. For the purposes of this act every colony, dependency, and constitu- ent part of a foreign state and every vessel of that state shall (except where expressly mentioned as distinct in this act) be deemed to be within the jurisdiction of, and to be part of, such foreign state. 142 DEFINITION or TERMS. "British possession." 26. In this act, unless the context otherwise requires — The term "British possession" meaus any colony, plantation, island, ter- ritory, or settlement within Her Majesty's dominions, and not within the United Kingdom, the Channel I.slands, and Isle of Man ; and aU colonies, plantations, islands, territories, and settlements under one legislature, as hereinafter defined, are deemed to he one British possession : "Legislature." The term "legislature" means any person or persons who can exercise legislative authority in a British possession ; and where there are local legislatures as well as a central legislature, means the central legislature only : "Governor." The term "governor" means any person or persons administering the gov- ernment of a British possession, and includes the governor of any part of India : "Extradition crime." The term "extradition crime" means a crime which, if committed in England or within English jurisdiction, would be one of the crimes de- scribed in the first schedule to this act : " Conviction." The terms "conviction" and "convicted" do not include or refer to a conviction which, under foieign law, is a conviction for contumacy, but the term "accused person" includes a person so convicted for contumacy: "Fugitive criminal." — " Fvgilive criminal of ajoreign slate." The term "fugitive criminal" means any person accused or convicted of an extradition crime coniuiitted within the jurisdiction of any foreign state who is in, or suspected of being in, some part of Her Majesty's domiuiuus; and the term " fugitive criminal of a foreign state " means a fugitive crim- inal accused or convicted of an extradition crime committed within the jurisdiction of that state : " Secretary of state." The term "secretary of state" meaus one of Her Majesty's principal sec- retaries of state : "Police magistrate." The term " police magistrate " means a chief magistrate of the metropol- itan police courts, or one of the other magistrates of the metropolitan police court in Bow street : 143 "Justice of the peace." The term "justice of the peace" includes, in Scotland, any sheriff, sheriff substitute, or magistrate : " Warrant." The term " warrant," in the case of any foreign state, includes any ju- dicial document authorizing the arrest of a person accused or convicted of crime. REPEAL OF ACTS. Repeal of acta in third schedule. 27. The acts specified in the third schedule to this act are hereby repealed as to the whole of Her Majesty's dominions; and this act (with the excep- tion of anything contained in it which is inconsistent with the treaties referred to in the acts so repealed) shall apply (as regards crimes committed either before or after the passing of this act) in the case of the foreign states with which those treaties are made, in the same manner as if an order in council referring to such treaties had been made in pursuance of this act, and as if such order had directed that every law and ordinance which is in force in any British possession with respect to such treaties should have effect as part of this act. Provided that if any proceedings for or in relation to the surrender of a fugitive criminal have been commenced under the said acts previously to the repeal thereof, such proceedings may be completed, and the fugitive surrendered in the same manner as if this act had not passed. SCHEDULES. FIRST SCHEDULE. List of 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 maybe), at the date of the alleged crime, whether by common law or by statute made before or after the passing of this act : Murder, and attempt and conspiracy to murder. Manslaughter. Counterfeiting and altering money, and uttering counterfeit or altered money. Forgery, counterfeiting, and altering, and uttering what is forged or counterfeited or altered. Embezzlement and larceny. Obtaining money or goods by false pretenses. Crimes by bankrupts against bankruptcy law. Fraud by bailee, banker, agent, factor, trustee, or director, or member, or public officer of any company made criminal by auy act for the time being in force. Eape. Abduction. Child-stealing. 144 Burglary and house-breaking. Arson. Bobbery with violence. Threats by letter or otherwise with intent to extort. Piracy by law of nations. Sinking or destroying a vessel at sea, or attempting or conspiring to do so. Assaults on board a ship on the high seas with intent to destroy life or to do grievous bodily harm. Revolt or conspiracy to revolt by t^ o or more persons on board ship on the high seas against the authority of the master. SECOND SCHEDULE. Form of order of aecretary of state to the police magistrate. To the chief magistrate of the metropolitan police courts, or other magis- trate of the metropolitan police court, in Bow street [or the stipendiary magistrate at ] : Whereas in pursuance of an arrangement with , referred to in an order of Her Majesty in council, dated the day of , a requisition has been made to me, , one of Her Majesty's principal secretaries of state, by , the diplomatic representa- tive of , for the surrender of , late of , accused [or convicted] of the commission of the crime of , within the jurisdic- tion of : Now I hereby, by this my order, under my hand and seal, signify to you that such requisition has been made, and require you to issue your warrant for the apprehension of such fugitive, provided that the conditions of the extradition act, 1870, relating to the issue of such warrant, are in your judgment complied with. Given under the hand and seal of the undersigned, one of Her Majesty's principal secretaries of state, this day of , 18 . Fo}'m of warrant of apprehension l>y order of secretary of state. Metropolitan police district [_or county or borough of ] , to wit : To all aud each of the constables of the metropolitan police force [or of the county or borough of ] : Whereas the right honorable , one of Her Majesty's princi- pal secretaries of state, by order, under his hand and seal, hath signified to me that requisition hath been duly made to him for the surrender of , late of , accused \_or convicted] of the commission of the crime of , within the jurisdiction of : This is therefore to command you, in Her Majesty's name, forthwith to apprehend the said , pursuant to the extradition act, 1870, wherever he may be found in the United Kingdom, or Isle of Man, and bring him before me or some other ['magistrate sitting in this court], to show cause why he should not be surrendered, in pursuance of the said extradition act, for which this shall be your warrant. Given under my hand and seal, at [*Bow street, one of the police courts of the metropolis], this day of , 18 . . .J-F- " Alter as required. 145 Fj>rm of warrant of^ppi-elienaion without order of secretary of state. Metropolitan police district [or county or borough of], to wit: To all and each of the constables of the metropolitan police force, [or of the county or borongh of ] : Whereas it has been shown to the nndersigned, one of Her Majesty's justices of the peace in and for the metropolitan police district [or the said county or borongh of ], that , late of , is accused [or 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 borongh] 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 'bringing prisoner before the police magistrate. County [or borough] of , to wit : To , constable of the police force of , and to all other peace officers in the said county [or borough] of : Whereas , late of , accused [or alleged to be 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 chief magistrate of the metropolitan police court. Or one of the police magistrates of the metropolis sitting at Bow street, within the metro- politan police district [or the stipendiary magistrate for ] : This is therefore to command you, the said constable, in Her Majesty's name, forth- with to take and convey the said to the metropolitan police district [or the said ], and there carry bira before the said chief mag- istrate or one of the police magistrates of the metropolis sitting at Bow. street within the said district [or before a stipendiary magistrate sitting in the said J, to show cause why he should not be surrendered, in pursuance of the extradition act, 1870, and otherwise to be dealt with in accordance with law, for which this shall be your warrant. Given under my handand seal at , in the county [or borough] afore- said, this day of , 18 . ,J.P. Form of warrant of committal. ,, , ,.^ ,. ,. , . , "\ To , one of the constables of the Metropolitan police district , ,.^ ,- i, > j^ j.i. ■,- ' . , , metropolitan police force [or oi the police [or the county or borough K ^ ^. ^, "^^ ,i,rT , . ., ( force of the county or borough ot ], of J, to wit : •■ i .,;. , en. ) and to the keeper or the Be it remembered that on this day of , in the year of our Lord , , late of , is brought before me, , the chief magistrate of the metropolitan police courts [or one of 204a 10 146 the police magistrates of the metropolis], sitting at the police court iu Bow street, within the metropolitan police district [or a stipendiary magistrate for ], to show cause why he should not be surrendered in pursuance of the extradition act, 1870, on the ground of his being accused [oi- 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 couYey 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 J, this day of , Ifi . ,J.P. Form of warrant of secretary of state for surrender of fugitives. To the keeper of aud 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 I he 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 and7 Vict.,c. 75 . 6 and 7 Vict., c. 76. 8 and 9 Vict., c. 120. •25 and ae Vict., c.70. 29and30Viot., 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 apprehension 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. 147 EXTRADITION ACT (1873). [36 and 37 Tiot., 0. 60.1 AN ACT to amend the extradition .act, 1870. (5th August, 1873.) 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 assembled, and by the authority of the same, as follows: Conati'tiotion, of act and short title. [33 and 84 Vict., o. 62.] 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. lixplanation of sect. 6 of 33 and 34 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 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." And whereas doubts have arisen as to the application of the said section to crimes committed before the passing of the principal act, and it is ex- pedient to remove such doubts ; it is therefore hereby declared that — A crime committed before the date of the order includes in the said sjec- tlon a crime committed before the passing of the principal act, and the principal act and this act shall be construed accordingly. Liability of accessories to be surrendered. 3. Whereas a person who is accessory before or after the fact, or coun- sels, procures, commands, aids, or abets the commission of any indictable offence, is by English law liable to he tried and punished as if he were the principal offender, but doubts have arisen whether such person as well as the principal offender can be surrendered under the principal act, and it is expedient to remove such doubts; It is therefore hereby declared that— Every person who is accused or convicted of having counselled, procured, commanded, aided, or abetted the conmiission of any extradition crime, or of being accessory before or after the fact to any extradition crime, shall be deemed for the purposes of the principal act and this act to be accused or convicted of having committed such crime, aud shall be liable to be apprehended and surrendered aocordlugly. 148 Explanation of sect. 14 of 33 and 34 Vict., c. 52, as to statements on oath, inelnd- ing affirmations, 4. Be it declared, that tbe provisions of the principal act relating to dep- ositions aod statements on oath taken in a foreign state, and copies of such original depositions and statements, do and shall extend to affirmations 1 akeu in a foreign state, and copies of such affirmations. Poicer of taking evidence in Ignited Kingdom for foreign criminal matters. 5. A secretary of state may, by order under his hand and sea], require a police magistrate or a justice of the peace to take evidence for the pur- poses of any criminal matter peudiug 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 pnrpose 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 evidence may be taken in the presence or absence of the person charged, if any, 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 of 33 and 34 Vict., c. 52. 6. The jurisdiction conferred by section sixteen of the principal act on a stipendiary magistrate, 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 representative and consul. 7. For the purposes of the principal act aud 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. 149 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 common law or by statute made before or after the passing of this act : Kidnapping and false imprisonment. Perjury, and subornation of perjury, whether under common or statute law. [24 and 25 Tict. , o. 96, etc. ] Any indictable olfence under the larceny act, 18(51, or any act amending or substituted for the same, which is not included in the first schedule to the principal act. Any indictable oifeuoe 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 uot included in the first schedule to the prin- cipal act. Any indictable oflfeuee 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 offences 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 ninety- nine, "To consolidate and amend the statute law of the United Kingdom against offences relating to the coin,'' or any act amending or substituted forthesame, which is not includedin the first schedule to the principalact. 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 hundred, "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 the first schedule to the principal act. Any indictable offence under the laws for the time being in force in rela- tion to bankruptcy, which is not included in the first schedule to the prin- cipal act. Annexed is a form of coraplaiat made by messengers of foreign legations in London to secure tbe temporary detention of fugitives whose extradition is about to be demanded. Metr02>olitan police district, to wit : The information of . of taken on oath this day of in the year of our Lord one thousand eight hundred and , at the Bow street police court, in the county of Middlesex, and within the metropolitan police district, before me, the undersigned, one of the magis- trates of the police courts of the metropolis, sitting at the police court aforesaid, 150 Who saith that , late of , is accused [or convicted] of the comniissiou of the crime of , within thejurisdiction of , and now snapected 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 escajje 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. 59, 8. 8. Sworn before rae, the day and year first above mentioned, at the police court aforesaid. II.— CANADIAN LEGISLATION. CHAPTBE 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 honse of commons of Canada, enacts as follows: Short title. 1. This act may be cited as "The Extradition Act." (40 V., c. 25, s. 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 orime." (h) The expression "extradition crime" may moan 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 crime described in such arrangement, whether comprised in the said sched- ule or not; " Convietion"—" Convicted"—" Accused person." (c) The expressions "conviction" and " convicted" do not include the case of a condemnation under foreign law by reason of contumacy ; but the expression " accused person" includes a person so condemned ; "Fugitive criminal." (d) The expression "fugitive" and "fugitive criminal" mean a person being, or suspected of being, in Canada who is accused or convicted of an axtradition crime committed within thejurisdiction of any foreign state; 151 "Foreign state." (e) The expression "foreign state" includes every colony, dependency, and constituent part of the foreign state ; and every vessel of any such state shall be deemed to be within the jurisdiction of and to be part of the state ; " Warrant." (/) The expression "warrant," in the case of a foreign state, includes any judicial-document authoi-izing the arrest of a person accused or con- victed of crime ; "Judge." (?) The expression "judge " includes any person authorized to act judi- cially in extradition matters. (40 V., c. 25, s. 1.) APPLICATION OF ACT. As to existing arrangements. • 3. In the case of any foreign state with which there is, at or after the time when this act comes into force, au extradition arrangement, this act shall apply during the continuance of such arrangement ; but no provision of this act which is inconsistent with any of the terms of the arrangement shall have effect to contravene the arrangement; and this act shall be so read and construed as to provide for the execution of the arrangement. As to limitations, qualifications, and exceptions. (2j In the case of any foreign state v^^ith respect to which the applica- tion to the United Kingdom of the act of the parliament of the United Kingdom, pas-sed in the year one thousand eight huudred and seventy, and intituled "An act for amending the laiv relating to the extradition of crim- inals," is made subject to any limitation, condition, qualification, or ex- ception the governor in council shall make the application of this act, by virtue of this section, subject to such limitation, condition, qualification, or exception. Orders under this act may he revoked. (3) The governor in council may at any time, revoke or alter, subject to the restrictions of this act, any order made by him in conncil under this act, and all the provisions of this act with respect to the original order shall, so far as applicable, apply mutatus mutandis to the new order. (40 V., c. 25,8. 4.) If the application of this act depends on an order in council. 4. This act, so far as its application in the case of any foreign state, depends on or is affected by any order in council made under this act, or referred to therein, shall apply, or its application shall be affected from and after the time specified in the order, or, if no time is specified, after the date of the publication of the order in the Canada Gazette : 152 PuMioation of orders in council. (2) Any order of Her Majesty in oonucil, referred to in this act, and any order of the governor in council made under this act, and any extradition arrangement not already published in the Canada Gazette, shall be, as soon as possible, published in the Canada Gazette and laid before both houses of Parliament: Effect of xmhlicdtion in the Canada Gazette. (3) The publication in the Canada Gazette of an extradition arrangement or an order in council shall be evidence of such arrangement or order, and of the terras thereof, and of the application of this act, pursuant and sub- ject thereto; and lUe court or judge shall take judicial notice, without proof, of such arrangement or order, and the validity of the order and the application of this act, pursuant and subject thereto, shall not be ques- tioned. (40 v., c. as, s. 5.) JUDGES AND COMMISSIONERS. What judges may act in cases under this act. 5. All judges of the superior courts and of the county courts of any province, and all commissioners who are, from time to time, appointed for the purprse, in any province by the governor in council under the great seal of Canada, by virtue of this act, are authorized to act judicially in ex- tradition matters under this act within the province; and every such per- son shall, for the purposes of this act, have all the powers and jurisdiction of any judge or magistrate of the province : No haheas corpus power. (2) Nothing in this section shall be construed to confer on any judge any jurisdiction in habeas corpus matters. (40 V., c. 25, s. 8.) EXTRADITION FROM CANADA. On what grounds a warrant may issue. 6. Whenever this act applies a judge may issue his warrant for the apprehension of a fugitive on a foreign warrant of arrest, or an informa- tion or complaint laid before him, and on such evidence or after such pro- ceedings, as in his opinion would, subject to the provisions of this act, justify the issue of his warrant if the crime of which the fugitive is accused or alleged to have been convicted had been committed in Canada: Report to minisier of justice. (2) The judge shall forthwith send a report of the fact of the issue of the warrant, together with certified copies of the evidence and foreign warrant, information, or complaint, to the minister of justice. (40 V °o 25, 8. 11.) 153 Execution of tvarrant. 7. A warrant issued under tbis act may be executed in any part of Canada, in tbe aame manner as if it had been originally issued, or subse- quently indorsed, by a justice of tbe peace having jurisdiction in the place where it is executed. (40 V., c.25, s. 10.) Surrender not to defend on time when the offence was committed, £lc. 8. Everj' fugitive criminal of a foreign state, in the case of which state this act applies, shall be liable to be apprehended, committed, and sur- rendered in the same manner provided in this act, whether the criaie or conviction in respect of which the surrender is sought was committed or took place before or after the date of the arraugemeator of the coming into • force of this act, or of the application of this act in the case of such state, and whether there is or is not any criminal jnrisdiotion in any court of Her Majesty's dominions over the fugitive in respect of tbe crime. (40 V., o. 25, 8. 7.) Fugitive to ie brought before the judge. 9. The fugitive shall he brought before a judge, who shall, subject to the piovisions of this act, hear the case in the same manner, as nearly as may be, as if the fugitive was brought before a justice of the peace charged with an indictable offence committed in Canada : Evidence of the charge. (2) The judge shall receive upon oath, or affirmation if affirmation is allowed by law, the evidence of any witness tendered to show the truth of the charge or the fact of the conviction : Evidence that the crime is not an extradition crime. (3) The judge shall receive, inlike manner, any evidence tendered to show that the crime of which the fugitive is accused or alleged to have been con- victed is an offense of a political character, r is, for any other reason, not an extradit.on crime ; or that the proceedi gs are being taken with a view to prosecute r punish him for an offence of a political character. (40 V., c. 2.5, 8. 12.) Depositions taken out of Canada, when admissible in evidence. 10. Depositions or statements taken in a foreign state on oath, or on affirmation where affirmation is allowed by the law of the state, and copies of such depositions or statements, and foreign certificates of, or judicial documents stating the face of conviction, may, if duly authenticated, be received in evidence in proceedings under this act : When such depositions are to he deemed duly authenticated. (2) Such papers shall be deemed duly authenticated if authenticated in manner provided, for the time being, by law, or if authenticated as fol- lows : 154 (a) If the warrant purports to be signed by, or the certificate purports to be certified by, or the depositions or statements, or the copies thereof, purport to be certified to be the originals or true copies, by a judge, magis- trate, or officer of the foreign state ; (b) And if the papers are authenticated by the oath or afflrmatiou 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- ency, 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 he 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, in 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., o. as, s. 13.) Duty of judge (') io fugitive; {^) 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 habeas corpus; and (ft) 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 sneh report upon the case as he thinks fit. (40 V., c. 2.i, ». 14.) By lohom requisillon for surrender may be 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 such other mode as is settled by arrangement. (40 V., c. 2.5, s. 15. ) When the fugitive shall not be liable to surrender. 14. No fugitive shall be liable to surrender under this act if it appears— (a) That the offence in respect of which proceedings are taken under this act is one of a political character ; or, (6) That such proceedings are being taken with a view to prosecute or piiulsU him for an offence of a political character. (40 V., c. 25, s. 6. ) 155 In cases specified minister may refuse to make order of surrender and may can- cel order already made. V>. If the niinister 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 ; (b) That the proceedings are, in fact, being taken with a view to try or punish the fugitive for an offence of a political character; or, (c) That the foreign stato does not intend to make a requisition for sur- render — He may refuse to make an order for surrender, and may, by order under hia hand and seal, cancel any order made by him, or any warrant issued by 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. 16; 45 V., c. 20, s. 1. ) Delay before surrender. 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 habeas corpus is issued, until after the decision of the court remanding him : If fugitive is an offender under Canadian lato. (2) A fugitive who has been accused of an offence 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 been discharged, whether by acquittal or by expiration of his sentence, or otherwise. (40 V., c. 25, s. 17.) Minister may order surrender of fugitive to officer of a foreign state. V . 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 committed for surrender to be surrendered to the per- son or persons who are, in his opinion, duly authorized to receive him in the name and on behalf of the foreign state, and he shall be so surrendered accordingly : Powers of such officer. (2) Any person to whom such order is directed may deliver, and the per- son so authorized may receive, hold in custody, and 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 pursuance 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 V., c. 25, s. 18.) Property found on fugitive. 18. Everything found in the possession of the fugitive at the time of his arrest, which may be material as evidence in making proof of the 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. 19.) 156 Fugitive to be conveyed out of Canada within a certain time ; or may he released by habeas corpus. 19. If a fugitive is uot surrendered and conveyed out of Canada -within two montha after liis committal for surrender, or if a writ of habeas corpus is issued, within two months 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 which he has been committed by the 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 power to grant a writ of habeas cor- pus, may, upon application made to him or them by or on behalf of the fugitive, and on proof that reasonable notice of the intention tomaliesuch application has been given to the minister of justice, order the I'ugitive 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 forms refer, and, when used, shall be deemed valid. (40 V., c, 25, s. 21.) EXTRADITION FROM A FOREIGN STATE. Eequisition for a fugitive from Canada, how made. 21. A requisition for the surrender of a fugitive criminal from Canada, who is or is suspected to be in any foreign st9,te with which there is an ex- tradition arrangement, may bis made by the minister of justice to a consular officer of that state resident at Ottawa, or to the minister of justice or any otlier 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.) Conveyance of fugitive surrendered. 22. Any person accused or convicted of an extradition crime, who is sur- rendered by a foreign state, may, under the warrant for his surrender is- sued in such foreign state, be brouglit 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 ariangement, 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., u. 25, s. 23.) 157 LIST OF CRIMES. Bow list of crimes in schedule shall be construed. 24. The list of crimes in the first schedule to this act shall he construed according to the law existing in 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 iis including only such crimes, of the descriptions comprised in the list, as are, under that law, indictable offences. (40 V., c. 25, second schednle, j)«rt.) V First Schedule. List of crimes. (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) Crimes against bankruptcy or insolvency law. (9) 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) Eape. (11) Abduction. (12) Child stealing. (13) Kidnapping. (14) False imprisonment. (15) Burglary, house-breaking, or shop-breaking. (16) Arson. (17) Eobbery. (18) Threats, by letter or otherwise, with intent to extort. (19) Perjury or subornation 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 Great Lakes of North America, or attempting or con- spiring to do so. (22) Assault on board such vessel at sea, whether on the high seas or on the Great Lakes of North America, with intent to destroy life or to do griev- ous bodily harm. • (23) Eevolt, or conspiracy 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. (24) Any offence under either of the following acts, and not included in any foregoing portion of this schedule :— (a) " An act respecting offences agaiust the person." (6) "The larceny act. 158 (c) " An act respecting forgery. (d) " An act respecting offences relating to the coin." (e) " An act respecting malicious injuries to property." (25) Any offence which is, in the case of the principal offender, included in any foregoing portion of this schedule, and for which the fugitive crim- inal, though not the principal, is liable to be tried or punished as if he were the principal. (40 V^, c. 25, second schedule, part.) Second Schedum:. FOKM ONE. Form of warrant of apprehension. j To wit, to all and each of the constables of Whereas it has been shown to the undersigned, a judge under " the ex- iradilion act," that late of is accused (or convicted) of the crime of within the jurisdiction of This is therefore to command you, in Her Majesty's name, forthwith to apprehend the said and to bring him before me, or some other judge under the said act, to be further dealt with according to law ; for which this shall be your warrant. Given under my hand and seal at this day of A. D. FORM TWO. Form of luarrant of committal. ' 5 To wit, to one of the constables of and to the kfeeper of the at Be it remembered that on this day of in the year at is brought before me a judge under " the extradition act," who has been apprehended uuder the said act, to be dealt with according to law ; and forasmuch as I have determined that he should be surrendered in pursuance of the said act, on the ground of his being ac- cused {or convicted) of the crime of within the jurisdiction of This is therefore to connnand you, the said constable, in Her Majesty's name, forthwith to convey and deliver the said into the custody of the keeper of the at and you, the said keeper, to receive the said into your custody, and him there safely to keep until he is thence delivered pursuant to the provisions of the said act, for which this shall be your warrant. Given under my hand and seal at this day of A. D. FORM THREE. Form of order of minister- of justice for surrender. To the keeper of the at and to Whereas lute of accused (or convicted) of the crime of within the jurisdiction of was delivered into the custody of jou, the keeper of the at by warrant dated pursuant to " We extradition act." 159 Now I do hereby, in pursuance of tliesaitl act, orderyou, the said keeper, to deliver the said into the custody of the said ; and I command you, the said to receive the said into your cus- tody, and to convey him within the jurisdiction of the said and there place hiui in the custody of any person or persons {or of ) ap- pointed by the said to receive him ; for which this shall he your warrant. Given under the baud and seal of the undersigned minister of justice of Canada, this day of A. D. . (40 V., c. 25, third schedule). AN ACT TO EXTEND THE PROVISIONS OF THE EXTRADITION ACT. [52 Vict, u. 36.1 [Assented to 2na May, 18H9.] Whereas it is expedient to make further provision for the extradition from Canada of fugitive offenders from foreign states : Therefore Her Maj- esty, by and with the advice and consent of the senate and house of com- mons of Canada, enacts as follows : FugiUre offenders may J)e surrendered tliougli there is no convention — Provisions of Revised Statutes of Canada, c. 142, to govern. 1. In case no extradition arrangement, within the meaning of " the ex- tradition act," exists between Her Majesty and a foreign state, or in case such an extradition arrangement, extending to Canada, exists between Her Majesty and a foreign state, but does not include the crimes mentioned in the schedule to this act, it shall, nevertheless, be lawful for the minister of justice to issue his warrant for the surrender to such foreign state of any fugitive offender from such foreign state charged with or convicted of any of the crimes mentioned in the schedule to this act : Provided al- ways, that the arrest, committal, detention, surrender, and conveyance out of Canada of such fugitive offender shall be governed by the provisions of " the extradition act," and that all the provisions of the said act shall apply to all steps and proceedings in relation to such arrest, committal, detention, surrender, and conveyance out of Canada in the same mauner and to the same extent as they would apply if the said crimes were included ami speci- fied in an extradition arrangement between Her Majesty and the foreign state, extending to Canada. As to costs. 2. All expenses connected with the arrest, committal, detention, sur- render, and conveyance out of Canada of any fugitive offender under this act shall be borne by the foreign state applying for the surrender of such fugitive offender. Laio of Canada to govern as to crimes. 3. The list of crimes in the schedule to this act shall be construed accord- ing to the law existing in Canada at the date of the commission of the al- leged crime, whether by common law or by statute made before or after the coming into force of this act, and as including only such crimes, of the description comprised in the list, as are, under that law, indictable offences : 160 Application of act. (2) The provisions of thia'aet shall apply to any crime mentioned in the said schedule, committed after the coming into force of this act, as regards any foreign state as tiereiuafter provided. Coming into force of not.-Abrogation by proclamation. 4. The foregoing provisions of this act shall not come into force with respect to fugitive offendei'S 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 named in such proclamation; and the provisions of this act shall cease to have any force or effect with respect to fugitive offenders from any foreign state, if by proclamation the governor-general declares this act to be no longer in operation as regards such foreign state. Day to be 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. • FFhen warrant mail not be issued. .'). 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 i,r 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 ofScer of any company or municipal corporation, made criminal by any law for the time being in force. 161 (16) Any malicious act done witli 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 higt 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) Revolt, or conspiracy to revolt, by two or more persons on board such a ves,>^el at sea, whether on the high seas or on the Great Lakes of North America, against the authority of the master. (21) Administeriijg drugs or using instruments with intent to procure the miscari-iage of a woman. (22) Any offence which is, in the ca.se of the principal offender, included in any foregoing portion of this schedule, and for which the fugitive crim- inal, though uot the principal, is liable to be tried or punished as if h« 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 : Silt: Referring to Department circular of November 2G, 1888, respecting international extradition, 1 have the honor to inform yon that the subject, so far as it relates to the Kingdom of Hawaii, is fully discussed in the case of John W. McCarthy, decided by the supreme court of Hawaii, in February, 1886, and as in that decision all the laws of the kiugdom and rules of the Government, appertaining to the subject of extradition, are quoted and comuiented on by all the judges, I enclose copies of the same as the best authoritative information lor the Department in the matter. The only conventional obligation of the Government of Hawaii to extra- dite is with the United States, and is contained in Article XIV of the treaty with the United States, ratified August 19, 1850. 1 have, etc., Geo. W. Merrill. [IncIosnTe 1 — ^Hawaiian Gazette, Tuesday, Febmary 16, 1886.] SupremeConrt of the Hawaiian Islands. — In the matter of John W. McCar- thy. Tuesday, February 9th. Before Judd, C. J., McCuUy and Preston, J.J. Opinion of the court by Prestox, J. : On the 2.')th day of January last an information was laid by the attorney- general before the chief-justice, alleging that John W. McCarthy was guilty of the crime of embezzleiuent as a public officer (clerk of the supreme court of the State of California), and that the grand jury for the city and 204a 11 162 county of San Francisco had, on tlie 15th day of January, found a true bill of indictment in the superior court of the said city .and connly 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 praying for an order from the chief-justice for the arrest of the said McCarthy, in order that he might be delivered to the officer 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 on the grounds — 1st. That the warrant issued sets forth no crime or accusation of crime. 2nd. 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 offense 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 make such demand. 4th. 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 Stoneman, 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, 1886, 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, qualified, and acting clerk of the supreme court of the State of California, and by virtue of his trust as such officer there came into his possession and control ($550) five 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 28th 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. 163 3. Copy of a bench-warrant issued on the indictment by order of the court, and attested by Jas. J. Flynn, the clerk, dated the 15th of January, 1886, for the arrest forthwith of said John W. McCarthy. 4. Original afSdavit or return of William Broughton, a police ofSoer of the city and county of Sau Francisco, that he received the annexed warrant for the arrest of John W. McCarthy and that he made diligent search for him, &c., and avers upon information and belief that he has fled 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 Broughton, are certified to by Jas. J. Flynn, clerk of the said superior court, under the said seal of the said court, as a full and complete exemplification of the papers and proceedings in the case of The People of the State of California vs. J. W. McCarthy. The genuineness of this certifi- cate and signature is attested by M. A. Edmunds, presiding judge of the superior court of the city and county of San Francisco, aud this is in turn certified to and antheuticated by Jas. J. Flynn, clerk as aforesaid. The genuineness of the seals and of the signatures of Judge Edmunds and Jas. .T. Flynn, 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 Sau Francisco, was taken, that he knew the John W. McCarthy, then in court, to be the John W. McCarthy who was in Febru- ary, 1885, clerk of the 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 the 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 and entrusted with the custody of public funds belonging to said State while such officer ; "That said crime constitutes a felony by the laws of said State of Cali- fornia and is a crime within the meaning of section 449 of the Civil Code of the Hawaiian Islands ; "That the evidence adduced on the hearing aforesaid is sufficient to sustain the charge made against the said John W. McCarthy, and that the said John W. McCarthy is a fugitive from justice." On receipt of this certificate the minister of foreign affairs issued his warrant for the arrest and surrender of the accused. The accused having been arrested, he applied to Mr. Justice Preston, in cham'bers, on the 5th inst., for a writ of habeas corpus, which was granted, and on the same day the accused was produced before such justice and his detention justified under the minister's warrant. At the request of the parties the judge discharged the writ pro forma in order that an immediate appeal might be taken, and the accused was remanded in custody. The appeal came on for hearing on the 6th inst., and was argued by Mr. Whiting for the appellant aud the attorney-general contra. 164 The following points were taken by counsel for the appellant : "1. That the State of California is not a sovereign power and therefore this Government can not recognize its demand for petitioner's extradition. 2. Our treaty and intercourse is all with the United States and no person oan or should be delivered up to the ofBcers of any of its component parts, unless the demand therefor be made by the Government of the United States at Washington. 3. The papers upon which the demand is made are in themselves insufficient to warrant a delivery upon a demand from Washington, and a fortiori from California, in this, that the paper purporting to be a bench-warrant is not issued under the seal of the superior court of the city and county of San Francisco and is therefore void there and everywhere. 4. That the crime of embezzlement is not one mentioned in the treaty, and even if the demand were made by the Government of the United States, this Government should not give up petitioner, because the maxim enumeratio uniua est exclusio alterius applies to a treaty. 5. That there is no evidence to warrant his arrest and delivery under our •law. 6. That there is no evidence that he is a fugitive from justice and there- fore he should not be delivered up, as only fugitives from justice can be so delivered. 7. That this Government can only deliver up petitioner to the properly authorized agent of the United States of America, and Joseph Bee, who is named in the warrant, has no authority whatever from that Government. 8. The court on habeas corpus enquire into the exercise of executive discretion when the right of personal liberty is involved. 9. This Government is not observing a due respect to the United States when it treats one of the States in all respects as though it were a sovereign power. 10. From the warrant of arrest and the aflSdavit of the attorney-general it appears that*the crime alleged to have been committed by John W. Mc- Carthy, for which he is sought to be extradited, is that of "embezzlement." That embezzlement, committed in a foreign country, viz, the United States, is not an offence or crime for which John W. McCarthy can be extradited. 11. That the demand for extradition is made through the governor of the State of California. That there is no authority in law for said governor to make this demand.'' The case was elaborately presented by the learned counsel and the follow- ing authorities inter alia were cited in support of his contentions: Bishop's Cr. L., sec. 23, 196, 25 ; U. S. vs. Lancaster, 2 McLean, 431 ; Cohen va. Vir- ginia, 6 Wheat., 264 ; Spear on Extradition, pp. 5, 116, 117, 195, 196, 383, 51 ; Opinions of Atty. Genl., vol. 7, p. 6, vol. 6, pp. 91, 85, 431 ; Holmes vs. Jen- nison, 14 Peters, 540 ; The People ex rel. Barlow vs. Curtis, 50 N. Y., 331 ; Eespublica vs. Longohamps, 1 Dall., 120; Ee Wong Sow, 3 Haw., 503, A treaty is a supreme law of the land. Foster vs. Nelson, 2 Pet., 253 ; Wheat. Int. Law, 93, 94 ; Short's Case, 10 S. and R., 134 ; In re Washburne, 4 John Ch. R., 106; Remarks of Taney, C. J., Rhode Island vs. Massachusetts, 14 Peters, 458. The attorney-general contended that the Hawaiian Government might under the authority of section 449 of the Civil Code and by international 165 law, although not bound to do so, surrender the accused, notwithstanding " embezzlement " was not a crime included in the treaty with the United States. Bt the Court : The first point we have to consider is, whether the minister of foreign affairs has authority by law to issue his warrant to surrender the petitioner. It is a disputed question among writers on international law as to how far a sovereign state is obliged to deliver up persons charged with the com- mission of crimes in a foreign country. But it is nowhere held that the government of a sovereign state may not in its discretion deliver up such fugitives from justice on requisition made by a friendly government. If there be a treaty, of course the contracting states are bound to deliver up persons accused of the commission of crimes mentioned in the treaty, but it does not, in our opinion, follow that states are precluded from sur- rendering persons accused of other crimes than those specified. The treaty between this Government and the United States was ratified in August, 1850, and by it the contracting powers mutually agreed to sur- render upon official requisition to the authorities of each, ' ' all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other." Inthecaseof Anson Wing, the opinion of th^ Attorney-General (Gushing) was cited by counsel for petitioner. The Attorney-General says: " It is the settled politic doctrine of the United States that, independently of special compact, no state is bound to deliver up fugitives from justice of another state." " It is true, any state may, in its discretion, do this as a matter of international comity toward the foreign state, but all such dis- cretion is of inconvenient exercise in a constitutional republic, organized as is the Federal Union," etc. And similar opinions have been given by other Attorney-Generals of the United States, and there is no doubt that the practice of the Government of the United States and of Great Britain has in general been in accordance with the policy stated by Mr. Gushing. But in the case of Arguelles, the Government of the United States did seize and surrender to the Spanish Government, with which there was no extradition treaty, the person accused of crime. It is true Mr. Spear, p. 16, says it was nothing but legal kidnapping, but the Government exercised its discretion. But the case under consideration stands, as we think, on higher grounds than any previously mentioned. The legislature of this kingdom, by one of its first laws after the recog- nition of its independence and sovereign rights, adopted the principle that it is the duty of ,the state to surrender fugitives from justice. By Article IV, section 1, of the second act of Kamehameha the 3rd, "An act to ar- range the executive departments of the Hawaiian Islands," it is enacted : " The governors, upon receiving information from the minister of the in- terior that any person, an alien, fleeing from the justice of a foreign coun- try on account of crime committed therein, is lurking in their respective islands, evading justice, and that formal demandhas beenmade for his sur- render by the representatives of such foreign country, or in case no demand has been made, that a public proclamation has been issued against such 166 fugitive and a reward offered for his apprehension and surrender, shall have power, and it shall be their duty to issue a warrant for his or her ap- prehension." By a subsequent part of the same act relating to the office of the minis- ter of foreign relations, it is enacted: "The minister of foreign relations, upon information in writing from the minister of the interior that an alien fugitive from justice has been ar- rested within the jurisdiction of this kingdom, and is in custody of the marshal pursuant to section third, article 4, chapter fourth of the first part of this act, shall give immediate uotioe of such arrest to the accred- ited represeutative of the nation to which said fugitive belonged, if there be one near this Government ; and he shall, through such representative, tender such fugitive to the nation whose subject or citizen he is, claiming at the same time the costs and expenses incurred by his apprehension, re- moval, confinement, and surrender. " The statute also provides that in case the accredited representative shall decline to accept the surrender, the fugitive may be expelled the kingdom, the policy of the Government being to deny the right of asylum to crimi- nals. The civil code was compiled and became law in 1859, and by it the follow- ing clauses were substituted for those before set out : " § 449. The respective judges and magistrates of the kingdom shall have authority, upon complaint made under oath, to issue a warrant for the ap- prehension of any person charged with the commission of a crime in any foreign country, that he may be brought before such judges, or other magistrates respectively, to the end that the evidence of criminality may 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 examining judge or magistrate to certify the same to the minister of foreign affairs, that he may issue a warrant for the surrender of such fugitive." " 5 451. The warrant of the minister of foreign affairs, directing the surrender of any fugitive from justice, shall be binding upon all oflieers of His Majesty's Government, in anywise having the custody of such fugi- tive. " § 452. Every fugitive from justice may be retained in prison after his surrender until a suitable opportunity occurs for his removal at the ex- pense of the of&cer to whom he is surrendered." So that it appears to the court there can be no question as to the right of His Majesty's Government to surrender a fugitive criminal. And, indeed, a very distinguished living statesman (P. S. Mancini) main- tains that " the duty of surrendering such fugitives is founded in natural right as a debt due to justice, and consequently does not depend for its existence either on the fact of a treaty or on the condition of reciprocity." (See American Law Review, November-December, 1885, p. 955.) The legislature having, according to our view, provided for the surren- der of such fugitives, and His Majesty's Government having exercised its discretion by the minister of foreign affairs issuing his warrant for the surrender of the petitioner, it is not within our province to review the ex- ercise of such discretion, except so far that we must see there is a proper legal basis to sanction the act of the minister ; and this brings us to the 167 consideration of the remainder of the points urged on behalf of the peti- tioner. The requisition is made by the governor of the State of California, and it is contended he has no powerto make such a requisition by the laws and Constitution of the United States. However this may be, and without binding the court to decide as we no w do in any case which may hereafter come before it, we hold in the case now before us that, the minister resident of the United States having requested the intervention of His Majesty's Government, the ground taken for the pe- titioner is not sustainable. With respect to the points touching the want of evidence to warrant the arrest of the petitioner, we are of opinion that if the petitioner was charged with the crime before a magistrate having power only to commit the ac- cused for trial, and to issue bis warrant for the arrest of the accused for examination, the evidence would undoubtedly be insufficient to make even a, prima facie case, and the petitioner would be entitled to his discharge. But here an indictment has been found by a grand jury, from which we must assume that sufiBoient evidence was adduced to warrant the placing of the petitioner upon his trial. Article 7 of our constitution, as to the right of an accused to have w itnesses against him produced face to face, only applies to persons put upon their trial upon indictment before the courts of this kingdom. It is enough that a reasonable presumption of guilt is apparent, and the production of an indictment found charging the crime is sufficient. (Spear, p. 291.) With regard to the sufficiency of the bench warrant, we think it wonld have been more regular to have forwarded the original ; but the copy is certified by the proper authority, and it purports to be issued under the seal of the court, and we think that the objections are not well taken. The only remaining point is whether the petitioner is a fugitive from jus- tice. The petitioner claims that by the law of the State of California (Po- litical Code, § 853) he is entitled to be absent from the State for sixty days, and that consequently he is to be treated, not as a fugitive from justice, but as a person lawfully traveling wherever he may please. We can not adopt this view, and we think the authorities of the State of California have repudiated 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 specific. He says "sought for him at his last known place of residence and at his place of business and in the mar- ket place and at the exchange and that he could not find said J. W. McCar- thy, and deponent deposes and avers, upon his information and belief, that the said J. W. McCarthy has fled from justice in the "State of California and taken relnge in the Kingdom of Hawaii." We therefore are of opinion it is sufficiently proven that the petitioner is a fugitive from justice. We therefore dismiss the petition and remand the petitioner to the cus- tody of the marshal. Costs to be paid by the petitioner. JUDD, C. J. — 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 foreign country) is not one of the crimes for which, by the treaty between the United States and this kingdom, his extradition could be du- 168 manded, tbe procedure to obtain hi^ 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 Governraeut would be justitied in refnsing 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 Califoiuia is sufficient. The liberty of residents in this liingdom is fiilly protected by the statute law, which requires a judicial examination into the proof of criminality against them and a judgment as to Its sufficiency as a prerequisite to their being extruded from this liingdotn. If it were not for this statute, and a resident o£ 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 him and holding him for surrender would be without law. In such a case the courts would be authorized to interfere by habeas corpus. The policy of this country, as evidenced by (he statute of 1846, which authorized the arrest of an alien fugitive from justice and his tender to the accredited representative of the country to which the fugitive belongs, though no demand for his surrender be made, aud 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 where 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 stipulations generally. It is seen by the citations made in the opinion of the court from the organic laws of 1H46, the iirst 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 public 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 may be deliv- ered up for transportation to any armed vessel of his nation. These provisions of law were made prior 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- 169 ligation, binding the United States to restore like offenders upon like terms to tlie Hawaiian Gi>vi'riinieiit;. It is a, universal rule in extradition treaties to specify the extradiiable offenses. What is agreed upon becomes obligatory and the claim is of right, not depending upon international couiity nor upon the statutes of the state upon which the demand is made. The United States could have 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 tor this kingdom to offer the statute 1o the powers of the world, and theie could he no Implication that the American treaty curtailed the eifect of it by specifying 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 lS4(i, was passed May, 1859. Section 449 specifies uo offenses. "A crime "is the only designation of the subject on which the statute moves. The mode of proceeding only is changed. There is no appearance of modification due to the Amoiicau 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 stipulated by treaty ai)pears to have still obtained. Enacted after the treaty it is independent of If, 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, wiih this or any other foreign power, unless, which 1 am not informed about, she is inclnded among the states which the Kepublic of Mexico hy treaty with the United States permits to make extradition demands directly upon her. But here the United States minister adopts and presents this request, which is not a demand — only treaty stipnlations being demamlable — that this Government will put in operation its own statute. In this view it seems to me nothing more is needed. Indeed the statute requires only " complaint made under oath" before any magistrate by whomsoever may be credible and have a proper relation to the case to pnt it in motion. Qnery: Why could not Officer Bee, without tbe request of the governor of California, and without there- quest of the United States minister, have demanded a warrant, for the ap- prehension? These requests, the one and the other, are highly influential, but I do not perceive that they are essential to the operation of the statute. The authority of OfJScer Bee to receive him without special authorization is, . however, a different thing from making the complaint. Now, was the evidence of criminality sufficient to sustain the charge? Doubtless, this court upon review in habeas corpus of the sufficiency of evi- dence, will be held by all the constitutional provisions guaranteeing the rights of personal liberty and of trial upon evidence of witnesses produced face to face, both for the defense and -prosecution, which rights belong to all persons being for any time within our jurisdiction. Without referring to the authorities given in the opinion of the court, I cite only the result expres.sed in Spear's Law of Extradition, p. 40, in these words: "The general rule of evidence adopted in the extradition treaties pf the United States is, that the charge of criminality on which the demand 170 for delivery is based must be supported by such evidence as would justify the apprehension and commitment for trial of the person accused, if the alleged offense had been committed in the country on which the demand is made. " This rule as to treaties may be adopted for action under our statute. We have before us in this case evidence of criminal proceed- ings commenced in the court of California. An indictment has been found by at least twelve grand jurors acting upon sworn testimony. A bench- warrant has issued thereon for his arrest, and the service thereof has been defeated only by the departure of the petitioner from the country. The case has reached the stage of probable cause and apprehension already in California. " Evidence of criminality " required by section 449 cannot be taken to mean conviction of guilt. Mr. McCarthy is not to be tried here. He is wanted to be tried in California. The proofs offered here satisfy me that there is no infringement of personal right in rendering him for such trial. On the other hand it would be unreasonable to require more. There is a clear distinction between a mere charge or accusation and a commit- ment or indictment found. If there were only the first, it would be proper to require here evidence of probable cause on which a commitment for trial might be made. We are certified that this has already been done. If our statute does not apply to this case it is not easy to see what it was intended to accomplish. . Regarding the jurisdiction of the court to inquire into the discretion of the executive in this proceedingitseems tome that when we have determined that the issue of the certificate to the minister of foreign affairs was well based on the statute, we have done aU that belongs to us. Upon such cer- tificate given we are not to advise him to issue his warrant, and certainly are not to advise him not to issue it. ITAIiY. December 31, 1888, Mr. Stallo made the following report: Sir : I have the honor to acknowledge the receipt of your circular- letter of the 26th of November, 1888, and in answer to the questions therein propounded to me, to report : 1st. That the Italian Government does not, as a general rule, extradite fugitives from justice in the absence of a conventional obligation, although the old Piedmontese Government has occasionally extradited foreigners who had taken refuge within its territory as a matter of comity. The Ital- ian Government does not surrender its own citizens, and in a late case (that of Salvatore Paladini) has refused to surrender an Italian subject, even although in the extradition treaty of March 23, 18liS, between Italy and the United States, there is no article expressly excepting the citizens or subjects of either of the contracting states from the operation of the treaty. 2nd. Before the formal requisition for the surrender of a fugitive from justice, accompanied with the evidences of crime relied upon to obtain ex- tradition, has been received, a provisional arrest and detention of the fugi- tive may be granted either upon a written or telegraphic communication by the demanding government ; but to that end a diplomatic requisition is 171 necessary, which must coatain a statement of the facts constituting a case of urgency. The term during which the fugitive can be provisionally de- tained is not limited by law. 3rd. Warrants of arrest are issued by the executive, that is, in fact, by the department of grace and justice, to which all requisitions are sent by the foreign office. If a warrant for provisional arrest has been issued a new warrant is required after the receipt of the formal requisition. The war- rant of arrest is issued upon the strength of the documents evidencing the guilt of the accused which accompany the requisition, and no complaint before the judicial authorities is required. No arrest can be secured on complaint before j udicial authorities without prior application to the execu- tive. 4th. The charge against the fugitive, so far as it is evidenced by the documents accompanying the requisition, is, in the first instance, exam- ined by the department of grace and justice, and thereupon, upon the ap- plication of the fugitive or at the instance of the Government may be re- ferred to the judicial tribunal of the province in which the arrest has been made. But the action of such tribunal is simply advisory and not binding on the executive. All papers to be presented to the judicial authorities are first submitted to the executive, i. e., to the department of grace and justice, by the foreign office. 5th. Papers upon which the demand for' extradition is founded are re- quired to be authenticated by the department of state of the demanding government. 6th. The question of extradition is finally decided by the foreign office upon the advice of the department of grace and justice, and notice of the decision is given to the demanding government through the same channels through which the requisition was transmitted. 7th. Seizure of the property and effects of the fugitive may be secured in an action at law upon the complaint of the demanding government or of the party injured, but such property and eflTects 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 practicable. 9th. The right of transit across the territory of Italy of criminals sur- rendered by a third state to a foreign government may be conceded by the Italian Government as a matter of comity ; but owing to the peculiar geo- graphical position of the Kingdom of Italy no such concession appears as yet to have been applied for. 10th. The expenses of extradition are to be paid by the demanding gov- ernment. In compliance with the instructions of the Department, I send herewith, under separate cover, a duplicate copy of the new penal code of Italy, which is to take eiSfect on the 30th of June, 1889; and also inclose a translation of articles 4 to 8, Book First, Title I, relating to extradition. I have not as yet been able to procure a collection of the treaties relating to extradition between Italy and foreign powers, but will forward the same as soon as it is obtained. I have the honor, etc., J. B. Stallo. 172 [Inclosure.— Translation.] Hxtractfrom the new penal code approved by the Chamber of Deputies and the Royal Senate of the Kingdom of Italy, promulgated on the 28th of November, and to take effect on the 'iOlh of Jane, 1889. Book First. — Title I. Aet. 4. No one can be punished for crimes committed without the terri- tory of the kingdom except in cases expressly provided for by law. Art. 5. A citizen or foreigner who, in a foreign territory, commits a crime against the security of the state, or is guilty of counterfeitiug the seal of the state or of coin having legal currency within the kingdom, or of evi- dences of public debt or credit, such crime being punishable by imprison- ment for a term exceeding five years, is tried and punished according to law. He may be tried and punished according to Italian law even although he has already been tried and punished in the country where the crime was committed, but in such case allowance is made for the punishment already incurred. Art. 6. A citizen who, in cases other than those indicated in the preced- ing article, commits a crime in a foreign country which, according to the laws of that country, is punishable by imprisonment for a term of not less than three years, is tried whenever found within the kingdom and pun- ished according to the provisions of the more lenient of the laws of the two countries. If the crime be punishable with imprisonment of less duration, the per- son committing the crime can not be proceeded against except on com- plaint of the party injured or on the request of the foreign government. * * * * # # * Art. 7. A foreigner who, in oases other than those indicated in article 5, commits a crime in a foreign country to the injury of an Italian citizen or of the state, which crime, according to the laws of the state where it was committed, is punishable with imprisonment foraterm of not leas than three years, is tried whenever found within the kingdom, and punished accord- ing to the milder law of the two states ; and incase the crime is punishable with imprisonment of less duration, the person guilty of it is proceeded against only upon the complaint of the party Injured. A foreigner found within the kingdom maybe tried and punished accord- ing to the milder law prevailing in either of the countries, for a crime com- mitted abroad to the injury of a foreigner, even if such crime, according to the laws of the state where it was committed, is punishable with im- prisonment for not less than three years upon concurrence of the follow- ing conditions: 1st. That the crime is one of those covered by the treaty of extradition, or an offense against the law of nations, against a person, against prop- erty, against public faith, against good morals or the peace of families, or in the nature of a fraudulent bankruptcy ; 2nd." That no extradition has taken place of the party guilty of the crime to the government of the country in which the crime was' committed, or to that whereof he is a citizen. 173 The Govevninent may expel the foreigner from the limi{dom, in the oases provided by law, without trial or after trial and punishment. Art. 8. Excepting in the cases provided for by the second paragraph of art. C persons charged with crime are not tried : Ist. If according to the law either of Italy or of the country where th crime was committed, the penal action is barred by the statute of limita- tions ; 2nd. If the crime, according to the first paragraph of art. 9, is not such as to justify extradition ; 3rd. If the person charged with the oiime has been tried and acquitted in the foreign country ; or, having been tried and found guilty, has suf- fered the punishment inflicted upon him ; or if the sentence pronounced against him is barred by the statute of limitations. ***** jf » Akt. 9. The extradition of an Italian citizen to a foreign government is forbidden. The extradition of a foreigner is never allowed for political or similar crimes. The extradition of a foreigner can not be offered or conceded except by order of the King's government, and after previous judgment of the judi- cial authority of whose jurisdiction the foreigner is subject. Nevertheless, whenever a demand, of extradition is made, the competent authority may order the provisional arrest of a foreigner. JAPAN. January 19, 1889, Mr. Hubbard made the following report: Sir: I have the honor to acknowledge the receipt of your circular in- struction, dated November 26, 1888, asking for certain information on the subject of international extradition as practiced by the GoverumenI; to which I am accredited. I had the honor in my dispatch No. 370, dated August 29, 1887, to enclose to 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 propounded in the circular instruction, except one or two, which have been answered for me by the Japanese foreign office. Japan has no treaty of extradition with any country except the United States, and no law on the subject of extradition has been passed since the law referrftd to above as having been sent to the Department of State, and which I have the honor again to enclose for the convenience of the Depart- ment. The Japanese Government will extradite in the absence of a conventional obligation, on condition of reciprocity, and the matter is in the absolute discretion of the Government. In regard to the questions in section 4 of the circular instruction, I beg to refer the Department to sections 15 and 16 of the inclosed law, with the 174 explanation that while the public procurator mates a report to the minis- ter of justice in every case of extradition, the report is not binding 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. [Incloaure. — 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 INOUYK Kaoru, Minister for Foreign Affairs. Count Yamada Akiyoshi, Minister of Justice. Imperial ordinance 2fo, 43. RBGULATIONS 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 offences men- tioned in an extradition treaty with a treaty power. The term "fugitive criminal " means any person 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 surrenderof their respective subjects or citizens. 2. If the extradition treaty makes the surrender of subjects or citizens discretionary, and the demauding-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 iirovisions of the regulations shall be complied with. 175 Art. III. A fugitive criminal shall not 1)0 surrendored in the following cases : 1. If the offence in respect of which his surrender is requested is of a po- litical character. 2. If he satisfactorily prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a polit- ical character. -^RT. IV. A fugitive criminal who has been accused of some offence within Japanesejurisdiction, not being the offence for which Ms 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 the treaty with 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 issued 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 ministerfor foreign affairs, order one or more head public procurators (joseki kenji) to issue a warrant for the provisional arrest of a fugitive criminal according to Form I to these regulations annexed. Such request should only be made by the ministerfor foreign affairs after he has received information in writing or by telegraph from a treaty power through the proper channel that a warrant has been issued for the arrest of the criminal, and an assurance that his surrender will be requested in due form. Art. X. When any person has been apprehended under a warrant of provisional arrest he shall be discharged from custody unless a requisition for surrender shall be made within a reasonable time, not exceeding two months. Such discharge shall not, however, prevent the subsequent ar- rest and surrender of any person so apprehended. When a requisition for surrender of a person held under a warrant of provisional arrest has been made, a warrant of arrest in accordance with Form II, annexed, shall be issued aud the warrant of provisional arrest shall be returned. Art. XI. Subject to the exception in Article IX provided for, no person shall be arrested with a view to extradition until a requisition shall have been made through the channel named in the treaty under which extradi- tion is claimed, in manner following : I. In the case of a person accused, the requisition shall be accompanied : (a) By an authenticated copy of the warrant of arrest purporting to 176 have-been issued by a dnly authorized official of the country in which the acts charged against the accused are alleged to have been committed; and (6) By authenticated copies of the depositions or statements on whiph such warrant of arrest was issued. 2. In the case of a person con victed, the requisition shall be accompanied by a copy of the sent«nce of the court in which he was convicted, authen- ticated under its seal. AuT. XII. Upon receipt of a requisition for surrender, the minister for foreign affairs shall, if the case is one falling under an extradition treaty, tiansmit thel-equisition, with its accompanying documents, to the minister of justice. The minister of justice shall, upon their receipt, and if he considers there be due cause, order the head public procurator of any place where the fugitive criminal is believed to be, or is expected to come, to issue a war- rant for his arrest. Art. XIII. _A head public procurator, upon receipt of the order from the minister of justice, in Article XII mentioned, shall issue a warrant of arrest. Such warrant shall be according to Form II to these regulations annexed. Art. XIV. When the person claimed shall have been apprehended, whether provisionally or otherwise, he shall be brought before the head public procurator who issned the warrant, or the head public procurator within whose district he has been apprehended. Such procurator shall immediately inform the minister of justice of such arrest. The minister of justice shall cause to be forwarded to him so soon as may be practicable, unless the discharge of the person arrested shall have been ordered, a copy of the reqnisition.for surrender and the documents accom- panying the original requisition. Art. XV. In the case of a person accused, the head public procurator before whom he is brought shall take evidencn with respect to the identity of the accused and the genuineness and authenticity of the documeuts accompanying the requisition for surrender; and he nuiy, if he deems such di)cuments insufficient, take additional evidence as to the criminality of the accused. In case of a person convicted, the head public procurator shall limit himself to obtaining evidence of identity and proof of sentence having been passed by a competent court ol the treaty power claiming his extradition. Art. XVI. When the head public procurator has completed his enquiry he shall forward a copy of the same to the niiuisterof justice together with his opinion as to the course that should be pursued. He shall also at the same time return the copy of the requisition for surrender and the docu- ments accompanying it. Theminister of justice shall, upon receipt of such report from the head public procurator, either issue a warrant of surrender, according to Form HI to these regulations annexed, or order that the per- son arrested be discharged. Art. XVII. No fugitive criminal shall be detained for more than two months after he shall have been arrested iu accordance with a warrant of arrest. AiiT. XVIII. The minister of justice shall issue a warrant of surrender only ia the following oases: 177 1. In the case of a person accused of au extradition crime, provided the evidence of criminality appears to him sufficient, according to the law of Japan, 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. Akt. XIX. Persons convicted by judgment in default (in cotititmaciam) 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 oue month. If be 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 (ippreHension shall, unless for good reason to the contrary, be given up 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 auy 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 Japau 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 by third powers to the Empire of Japan. 204a 12 178 FORM I. "Wabhant of Provisional Arrest. Name, Age, Nationality and residence of the per- son to be arrested. By order of the Minister of Justice, this warrant in issued pursuant to the Extradition Begulations, and the aooTO mentioned a fugitive criminal of -T( ho has been Hhecommis- C accused of } I convicted of 3 sion of in is hereby ordered to be ar- rested to be further dealt with according to law. I Seal and Signature of the Head Pub- Seal of li*^ Procurator. Public Pro- 1 Seal and Signature of the Court curator's ; Clerk. Office. The of the - ■ day of the month 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 auovb stated. Seal and Signature of the Policeman or Gendarme. The day of the month of the year of Meiji. 179 FOBM n. "Wabeant opAkkest. Name, Age, Nationality and reaidence of the per- son to be arrested. By order of the Minister of Justice, this warrant is issued pursuant to the Extradition Regulations and the above mentioned a fugitive criminal t of who has been ^^ll^^l, \ the commi.. sion of in ■ a hereby ordered to be ar- rested to be further dealt with according to law. ^ ^~ j Seal and Signature of the Head Pub- Seal of , lie Procurator. , Public Pro- Seal and Signature of the Court curator's ' Clerk. Office "^^^ ^^y of ^^6 month 1 ■ of the ^yearof Meiji. Signature of the person arrested ; if nnable to ob- tain it the reason to be stated. Dateand hourof the exe- cution 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 and Gendarme. .- The day of the month of the year of Meiji. 180 FOEM m. Wakbant of Suerkndee. Name, Age, Nationality and residence of the per- son to be surrendered. The warrant is Issued pursuant to the Extradi- tion EogulatloEs and the above mentioned month of the year of Meiji as a fugitive criminal ^ con'JIct^ed } ***' *^® commission of in nnder a ^airant of \ ^If^,,,^^^ arrest \ year of Meijl is hereby ordered to he surrendered ito the person or persons duly appointed to manded to receive the said into (+>,iir.) cus- tody and to convey him within the jurisdiction of the and there place him In the custody of any person or persons duly authorized to receive him. 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 the 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 Meyi. 181 LIBERIA. 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 aoknowledse the reception from your legation of a despatch addressed to you by the Honorable the Secretary of State of the United 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 relatious 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 uo legislation on the subject, and I am therefore unable to give the information sought for in the remain- ing paragraph of the above cited document. I have the honor to be, &c., E. J. Barclay. MEXICO. The following cases bearing on procedure iu 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 arrest of one Vincent, charged with embezzlement of public moneys in the United States. Mr. Morgan preferred the request. In reply the Mexican minister of foreign affairs said that it would be useless to telegraph an order for Vincent's ar- rest, since no description of him was furnished nor any information of his whereabouts. He also adverted to the fact that the treaty did not author- ize t e arrest of a fugitive upon telegraphic request prior to the receipt of a fornal requisition. Subsequently adescription of Vincent was furnished and on the 2nd of July, 1883, Mr. Morgan telegraphed to the Department that on the preceding day the President of iviexico had iustructed the gov- ernor of Coahnila, where Vincent was supposed to be, to arrest him and to detain him until the extradition papers were presented. On the 5th of April, 1884, Mr. Morgan reported that the President of Mexico had ordered Vincent's surrender. On the 2nd jf July, 1884, Mr. Morgan reported to the Department that, pursuant to its telegraphic instructions, he had requested the foreign office to direct the authorities at Monterey, Nueva Leon, to hold one Morrison, charged with forgery at San Antonio, Texas, until the arrival of au appli- cation for his extradition, which was then on its way. The minister for 182 foreign affairs replied : ''Having yesterday received a cablegram from Sefior Romero [Mexican minister at Washington] containing a similar application from the Secretary of State at Wasliinffton, I immediately telegraphed the governor of Nueva Leou to order Morrison's detention."- On July 12, 1884, Mr. Morgan enclosed a note from Mr. Fernandez, of July 9, saying that the governor of Nneva Leon had ordered Morrison's detention, and he hoped the documents would soon be transmitted. On August 5, 1884, Mr. Morgan reported that an order had been issued for his extradition. Mr. Morgan stated that on July 21 he received a note from the minister for foreign affairs announcing that the governor of Nueva Leou had telegraphed that he would hold Morrison subject to the orders of the department of foreign affairs. This was before the legation had received the papers, which came on July 23. July, 8, 1885, Mr. Jackson, minister of the United States in Mexico, re- ported making request in accordance with telegraphic instructions for the arrest of one Hamilton, embezzler of public moneys, supposed to be at Paso del Norte. He assured the Mexican Govemraeut that the papers, 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 tlie 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 aud 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 proof has been made, he is at once banded over to such agent. Except in case of offences committed in frontier States and Territories, a3 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 tliem a large part of the proceeds of their crime, and were, upon 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 183 to the agent of the Uuited States who was authorized to receive the pris- oners. [Mr. Bragg, U. S. Minister, to Department of State, 19 Fehruary, 1889, MSS. despatches from Mexico ; case of Harrison and Samuels.] NETHERLANDS. January 5, 1889, Mr. Eoosevelt made the following report : Sib : In compliance with your circular of November 26, 1888, no num- ber, in reference to the extradition of criminals, I have the houor to enclose (1) duplicate copies law of April 6, 1875; (2) duplicate copies article 2d, modifying conditions of extradition to suit penal code ; (3) 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., E. B, Eoosevelt. [InclosTire 1 — TranBlation.] Law of April 6, 1875, on extradition. {Bulletin of Laws, No. 66.) Art. 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 outside the Kingdom : 1. Attempts against the life of the Sovereign, or of tte members of his family, or of the head of a republic ; 2. Murder, assassination, parricide, infanticide, poisoning; 3. Threats, punishable according to the provisions of article 305 of the penal code ; 4. Abortion; 5. Intentional wounds or blows, which have occasioned a disease or in- capacity fur personal labor during more than twenty days, or which have been delivered with malice aforethought; 6. Eape, or any other attempt against chastity, committed with violence ; 7. Offenses against public morals, punishable in accordaiToe with thepro- vieions of article 334 of the penal code ; 8. Bigamy; 9. Kidnapping, concealment, suppression of the birth of a child, the substitution or changing of a child ; 184 10. Kidnapping of minors ; 11. The eonnterfeiting, falsifying, debasing, or clipping of coin, or inten- tional participation in tbe 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 testimony, subornation of perjury, 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, punishable in accordance with the provisions of article 437 of the penal code; 18. Larceny of personal property, punishable in accordance with tlieino- visions of articles 440 and 442, of the penal code ; 19. The illegal and intentional loss, -wrecking, destruction of, or injury to ships 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. Embezzlement 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 piiosecutiou in the Netherlands for the crime or offence committed outside of the Kingdom, nor if he has been tried in the Kingdom for thesaid crime or offense, and has been condemned, discharged, or acquitted. Art. 5. Extradition shall not be granted wh^n 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 185 has not been made, before he has been summoned before the tribunal to be examined. Art. 6. If the foreigner is undergoing prosecution iu the Netherlands for an offence 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 afcer 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, iu which the person whose extradition is requested has been arrested or shall be found. In giving judgment the court shall decide which of the articles seized may be restored to the person whose extradition is requested and which are to be surrendered as evidence for conviction. Art. 9. Whilst awaiting the request through the diplomatic channel the for- eigner whoso extradition may be requested may be provisionally arrested in virtue of an order of an officer 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 order from a deputy officer of justice the prisoner shall be immediately brought before the officer of justice. Art. 10. After having heard the prisoner the officer may issue a provisional war- rant of arrest in his case, which shall be notified to the prisoner within forty-eight hours. The officer of justice shali order the immediate discharge of the prisoner, unless he is to be held on another ground, and the restitution of the articles seized, unless there is auother ground for retaining them, if the request for extradition is not addressed to him, together with the necessary documents, within the period fixed by the treaty, which can not exceed — (1) Twenty days, counting from the date of the provisional warrant of ar- 186 rest, if the arrest has been requested on behalf of an European govern- ment; (2) Three months, connting from the same date, if the request has been made on behalf of a government outside of Europe. 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. I The person whose extradition is requested shall be examined iu 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 ou 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 correctioual 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. 187 and who alleges that thex)reseat law is consequently not applicable to him, may claim this quality by petition arUliessed to the high court within the fifteen days following his examination. The officer 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 consnlt 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 another reason. The attorney-general of the high court shall immediately inform our minister of justice of Ihe judgment of the court. If the court decides that the petitioner is a Netherlander the 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. Art. 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 Netherlander, the extradition shall be granted or refused by our minister of justice, after having re- ceived the opinion of the (lower) court. If the extradition is refused, the person whose extradition is requested shall be immediately discharged, if he has been arrested, unless he is to be kept ander arrest for another reason, and the articles seized shall be re- stored to him, unless there is another grouud for retaining them. Art. 19: If the person whose ^tradition is requested has not been arrested, and if, being duly cited, he has not appeared before the (lower) court for ex- amination, the periods specified in articles 15 and 16 shall begin to run from the day fixed by the (lower) court for the examination. Art. 20. The Government may authorize the transit through the territory of the Netherlands of a foreigner whose extradition has been granted by a for- eign government to another government having a treaty of extradition with the Netherlands, including the offence for which extradition has been granted to the latter state, provided that the transit- takes place, so far as the escort is concerned, with the co-operation of the officials of the Neth- erlands. 188 Art. 21. The Government may order that the foreigner who is provisionally de- tained, or who is serving his sentence in the Netherlands, shall be tempo- 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 in 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 by 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 lavr 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. 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. ■[Inclosure 2. — Translation.] Jrtiole 2 of the law of April 6, 1875 {Bulletin of Laws, No. 66), regulating the general terms ore which extradition treaties mat/ he concluded with foreign pow- ers, as said article has been modified in order to harmonise it inth the neiv penal code. Foreigners can only be extradited for the acts hereinafter enumerated, committed outside the Kingdom : 1. (a) Attempt against the life or liberty of the k'mg, the reigning queen, the regent, or other head of a friendly state, or undertaken with the de- sign of renderiug them incapable of reigning ; (6) 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 assassinatiou, 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. lU-ti-eatment causing serious bodily injury or death, ill-treatmeut 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. 189 7. Incitement of minors to debauch, and every act having for its object the favoring of corruption of minors, punishable according to article '250 of the penal code. 8. Bigamy. 9. Abduction, 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 money, when done intentionally. 12. Counterfeiting or falsifying stamps and marks, punishable accord- ing to articles '216 and 217 of the penal code. 13. Forgery, punishable according to articles 22.5 to 227, inclasive, 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, with the iuteutioji of putting them in circulation as being neitherfalse nor falsified, when the author knew at the moment when he received them that they were falxe or falsified. 14. False oath. 15. Corruption of public ofiicials, punishable according to articles 178, 363, and 364 of the penal code ; extortion, embezzlement committed by officials or by those who are considered such. 16. Arson, in the cases foreseen in articles 157 and 328 of the penal code. 17. Illegal destructiou of a building, committed intentionally, puuishable 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. 18. Acts of violence committed in public, with united forces, against per- sons or property in the cases foreseen in article 141 of the penal code. 19. The illegal act, committed intentionally, of sinking, wrecking, de- stroying, rendering unfit lor use, or injuring a vessel, in the cases foreseen in article 168 of the penal code. 20. Revolt and insubordination of the passengers on board of a vessel against the captain, aud of the crew against their superiors. 21. The act, committed intentionally, of endangering a train on a rail- road. 22. Theft. 23. Swindling. 24. Abuse of a blank signature. 25. Embezzlement. 26. Fraudulent bankruptcy. Articles of the new penal code relating to the law of April 6, 1875 {Bulletin of Laws, No, 66). 45. The attempt to commit an offence is punishable if the intention of the author has been shown by a beginning of performance, and if the per- formance has only remained unfinished in consequence of circumstances in- dependent of his will. The maximum of the principal penalties attached to an offence shall be diminished by one-third for the attempt. 190 47. Shall be punished as authors of punishable acts — (1) Those who commit the act, -who have it committed, or who assist in committing it; (2) Those 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 well as of the consequences of said acts. 48. Shall be punished as accomplices in an oJfence — (1) Those who intentionally lend their aid to commit the oifenoe; (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 be di- minished 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 uncon- sciousness is regarded as violence. 84, All persons elected in the elections 'rdered by virtue of a provision of the law are considered officials. Umpires are included in the terms "functionaries and judges;" those who, exercise admiuifitrative jurisdiction, in the term "judges." All who belong to the armed force are also considered officials. 92. The attempt against the life or theliberty of the King, of thereigning 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 thiin twenty years. 108. The 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 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 cririiinal shall be punished : (1) With imprisonment 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. 191 If)?. Whoever intentionally sets flre to anything, 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 he punished with imprisoument for uot more than fifteen years. If the 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 he 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 uot more than twenty years, if a danger to others may result from it, and if the action has occa- sioned the death of any one. 170. Whoever intentionally destroys or injures any building or structure, 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 the death of any one. 178. Whoever makes a present or a promise to a judge, with a view to in- fluencing the decision of a cause submitted to the judgment of the latter, shall be punished with imprisonment for not more than six years. If said gift or promise is made with a view to obtaiuii.g a condemnation in a penal cause, the criminal shall be punished with imprisonment for not more than nine years. Deprivation of the rights mentioned in article 28, Nos. 1 to 4,* may be pronounced. *Aet. 28. The rights of which the criminal may be deprived by judicial decision in the cases fixed by law are : (1) The right to be appointed to public functions, or to certain deter- mined public functions. (2) The right of serving in the afmed force. (3) The right of electing or of being elected in the elections ordered by virtue of a legal ordinance. (4) The right to be a judicial counsel or administrator; that of being a guardian, or a substituted guardian, trustee, or substituted trustee of othep children than his own. (5) Paternal authority, the guardianship and trusteeship of his own children. 192 SJ07. Whoever, in cases in 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, verhally or in writing, in 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 ytars. The promise or affirmation which, by virtue of the law, is substituted for the oath, is regarded as an oath. Tlie deprivation of the rights enumerated in article 28, Nos. 1-4, may be prououuoed. 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 punisied 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 when 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 counterfeited nor al- tered, shall be punished with imprisonment for not more than nine years. 219. If one of the offences 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 mon^y, shall be punished with imprisonment for not more than three months, 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 used 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 not 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 )narks 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 falsities a writing from which any 193 right, any obligation, or the extinction of a debt may result, or which 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 punished with the same punishment whoever intentionally makes use of the writing manufactured falsely or falsified as if it was gen- uine and not falsified, if any 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 province, of a com- mune, or of a public establishment ; (3) 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 credit 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 puuishment whoever intentiona;lly makes use of the document, as if the contents were in conformity with the truth, if any damage may result from such use. 232. Whoever retains or introduces into the kingdom in Europe notes of a Netherlands circulating bauk founded by virtue of legal provisions, know- ing at the moment when 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 imprisonment for not more than seven years. 236. Whoever, by any act, intentionally renders uncertain the origin of another person shall^ be punished, as guilty of suppression of birth, with imprisonment for not more than five years. Deprivation of the rights specified in article 28, No. 1-4, may be pro- nounced. 237. Shall be punished with imprisonment for not more than four years : (1) Whoever intentionally contracts a double marriage. (2) Whoever, contracts a marriage knowing that by this marriage the otlier party contracts a double marriage. Whoever, when contracting a double marriage, has kept secret from the other party the fact that he was already married shaU be punished with imprisonment for not more than six years. 204A 13 194 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, carnal intercourse with him shall be punished as guilty of rape, with imprisonment for not more than twelve years. 243. Whoever, out' of wedlock, has carnal intercourse with a woman, knowing that she is in a swoon or unconscious, shall be punished 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 woman who has attained the age of twelve years, 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. 246. 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 843 and 245-247 has occa- oasioned serious bodily injuries, an imprisonment of not more than twelve years shall be inflicted. If one of the offences 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 with a third person, orwho makesabusinessof intentionallyinciting 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 one 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 who 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 imprisonment for not more than six years. 195 281. 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 secure 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, whoever carries off a woman by deceit, violence, or threats with the intention 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 by her husband. If the abductor has married the person carried off, no condemnation can be pronounced before the nullity of the marriage has been pronounced. 28.5. 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 writing 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 shall 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 be punished, as guilty of assassination, with imprisonment for life, or for a period of not more than twenty years. 290. A mother who, under the effects of the fear that her 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 infanticide, with imprisonment for not more than six years. 291. A mother who to execute a resolution, made under the effects of the fear that her approaching confinement will be discovered, intentionally takes the life of her child at the moment of birth, or soon afterwards, shall be punished, as guilty of assassination committed on a child, with impris- onment for not more than nine years. 295. A woman who intentionally procures, or causes to be procured by another, the miscarriage or death of her iruit shall be punished with im- prisonment for not more than three years. 296. Whoever intentionally procures the miscarriage or the death of the fruit of a woman without her consent shall be punished with imprisonment for not more than twelve years. If the act has caused the woman's death the criminal shall be punished with imprisonment for not more than fifteen years. 297. Whoever intentionally procures the miscarriage or the death of the fruit of a woman with her consent shall be punished with imprisonment for not more than fonr years and six mouths. 298. If a physician, a midwife, or a druggist renders himself an accom- plice in the offence specified in article 29,5 or renders himself guilty or an accomplice of one of the offences speci fled in articles 296 and 297, the punish- 196 meuta fixed by said articles may he 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-. prisoument for not more than six years. The act of intentionally injuring 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 the 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 more 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 appropriate 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 oatlle 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 the 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 be inflicted. 312. Shall be punished with imprisonment for not more than nine years- a theft preceded, accompanied, or followed by yioleuce or threats of vio- lence against persons, made with the intent to prepare or facilitate tho 197 theft, or, in the event of being caught in the act, either to render flight possible or to secure to himself or his accomplices in the offence 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 offence 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. An 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 offence has been committed, there is no prosecution against the author 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 committed. 321. Whoever illegally appropriates an article belonging wholly or partly to another, or of which he is the holder otherwise than in consequence of an offence, shall be punished as guilty 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 in money, shall be punished with imprisonment for not more than four years. 323. Embezzlement committed by a person to whom the thing has been entrusted as a necessary deposit, by either guardians, trustees, administra- tors, testamentary executors or directors of beneficent institutions or of establishments, with regard to a thing which they hold in such capacity, shall be punished with imprisonment for not more than five years. 324. The provisions of article 316 apply to the offences specified in this section . 326. Shall be punished as guilty of swindling, with imprisonment for not more than three years, whoever, with the intent to procure an illegal profit for himself or for a third person shall have induced any one to surrender a thing, or to contract an obligation, or to extinguish a debt, either by taking a false name or a false character, or by fraudulent intrigues, or by a combination of falsehoods. 328. Shall be punished with imprisonment for not more than four years whoever, with the intent to procure an illegal profit for himself, or for a third person, to the prejudice of the insurer or of the legal holder of a re- corded contract, sets fire to or causes an explosion in a thing insured against fire, or sinks or strands, destroys, renders unfit for use, or injures an insured vessel, or one the cargo or freight of which is insured, or on which a recorded loan has been effected. 198 341. The merchant who has heen declared bankrupt or admitted to the judicial assignment of property shall he punished as guilty of fraudulent bankruptcy by an imprisonment of six years at most, if, in fraud or to the injury of the rights of his creditors : (1) He has invented or does invent charges against the estate, or has failed to represent or does not represent some of the assets, or has embez- zled or does embezzle something belonging to the estate ; (2) He has conveyed anything away either gratuitously or for a consid- eration clearly below its value; (3) He has given or does give, at the time of his failure, or at a time when he knew the failure was inevitable, any advantage whatsoever to one of the creditors ; (4) He has not complied with or does not comply with the obligation imposed on him of retaining, preserving, and producing books and papers. 343. The manager or agent of a joinc stock company or co-operative as- sociation shall be punished with an imprisonment of six years at most, if, in fraud, or to the injury of the rights of the creditors of the company or association : (1) He has invented or does invent charges against the same; he has failed to representor does not represent assets, or he has embezzled or does embezzle any part of the property ; (2) He has conveyed anything away, either gratuitously or for a consid- eration, evidently below its valne; (3) He has given, or does give, at the time of its failure, or at a time when he knew that failure was inevitable, any advantage whatsoever to one of its creditors ; (4) He has not complied with, and does not comply with, the obligation imposed on him to retain, preserve, and produce books and papers. 344. Imprisonment of four years and six months at most shall be inflicted on anyone who, in fraud and to the injury of the rights of creditors — (1) Incase of a merchant's judicial assignment of goods (forced bank- rnptcy) or failure, or in view of either, if in the last case the failure or as- signment of goods followed, shall have embezzled any part of the estate ; (2) At the time of proving credits, in case of a judicial assignment of goods or failure, invents a credit which does not exist, or raises an exist- ing credit. 3o2. Imprisonment of four years at most shall be inflicted on any one designedly or illegally destroying or rendering unfit for use a building or vessel belonging wholly or partly to another. 363. Imprisonment of four years at most shall be inflicted on a public officer — (1) Who accepts a gift or promise, knowing that they are made to him for the purpose of binding him to do or not to do, in the exercise of his office, 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 having 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. 199 The judge who, iu accepting the gift or promise, knows that they are made to obtain a condemnation in a penal case, shall be pnnished with imprisonment of twelve years at most. 366. The public officer who, in the exercise of his office, demands, receives, or retains, on the occasion of a payjnent, as due to himself, another officer, or any public office whatever, what he knows is not due, shall be punished, as guilty of malversation, with imprisonment of six years at most. 395. Imprisonment of two years at most shall be inflicted on any one being guilty of insubordination, who, having taken passage on a Dutch vessel or fishing boat,- shall commit an assault on the captain, or who, being one of the crew, assaults, while on 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 offence or the as- saults which accompanied it have occasioned bodily injury ; (2) 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. 396. Insubordination committed by two or more persons acting together shall be punished as mutiny, with imprisonment of six years at most. The criminal shall be punished : (1) With imprisonment of seven years and six months at most, if the offense 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. [Inclosnre 3. — Translation.] Draft of a treaty of extradition. His Majesty the King of the Netherlands and having resolved by common accord to conclude a (new) convention for the extradition of criminals, have named for this purpose as their plenipoten- tiaries, to-wit : His Majesty the King of the Netherlands : vrho, after having communicated to each other their full powers, found in good and due form, have agreed on the following articles : Art. 1. The Government of the Netherlands and the Government of engage to mutually deliver to each other, in accordance with the rules stip- ulated in the following articles, persons, other than their own subjects, who have been convicted of, or charged with, one of the crimes hereinafter 200 enumerated, committed outside of the territory of the state of which the extradition is requested : 1. (a) Attempt made against the life or liberty of the King, Queen regnant, regent, or other head of a friendly state, or undertalsen with a view to render them incapable of reigning ; (S) attempt against the life or liberty of the Queen non-regnant, of the heir presumptive of the throne, or of a member of the reigning family. 2. Murder or assassination ; murder or assassination committed on a child ; 3. Menaces made in writing and setting out the act to be performed under duress per minas, in so far as the laws of the two countries permit extradition on this ground ; 4. Abortion procured by the pregnant woman or by others; 5. Violence which has caused a serious bodily injury or death, violence committed with premeditation, or serious violence; 6. Rape, attempt against chastity, the crime of having carnal intercourse outside of marriage with a girl or married woman under the age of sixteen years, or with a woman above that age, when the guilty person knows that she is in a fainting or unconscious condition ; acts of immorality, when the guilty person knows that the person with whom he commits them is in a fainting or unconscious condition, or when the said person has not reached the age of sixteen years ; inciting a person under that age to commit or to submit to acts of immorality, or to have outside of the married state carnal intercourse with a third person ; 7. Inciting minors to debauch, and every act iuteuded to encourage the debauchery of minors punishable under the laws of the two countries ; 8. Bigamy; 9. Kidnapping, suppression of the birth of a child, the substitution or changing of a child ; 10. Kidnapping of minors ; 11. Counterfeiting or altering coin or paper money, committed with the intention of issuing or causing to be issued the said coin or paper money as genuine and unaltered, or the intentional uttering of counterfeit or al- tered coin or paper money ; 12. Counterfeiting or falsifying stamps and marks of the State, or of workmen's marks required by law, so far as the laws of the two countries permit extradition on this ground ; 13. Forgery and the intentional utterance of what is forged or falsified, 80 far as the laws of the two countries permit extradition on this ground ; having in possession or introducing from abroad notes of a bank of circu- lation chartered under the provisions of law, with the intention of utter- ing the same as genuine and not falsified, when the offender knew at the time of receiving them that they were counterfeit or falsified ; 14. Perjury; 15. Bribery of public officers, so far as the laws of the two countries per- mit extradition on this ground ; malversation in office, embezzlement com- mitted by officers or by those regarded as such ; 16. Intentional incendiarism when there may result from the same a gen- eral danger to property or a danger to the life of others ; incendiarism caused with the intention of procuring for one's self or for a third person 201 unlawful gain, to the injury of tUe insurer or of tbe lawful holder of a con- tract of marine insurance ; 17. Unlawful destruction, caused intentionally, of an edifice belonging wholly or partly to another, or of an edifice or building, when there may result from the same a general danger to property or a danger to the life of others ; 18. Acts of violence committed publicly bj' mobs against person or prop- erty; 19. The unlawful act, committed intentionally, of sinking, wrecking, de- stroying, rendering unfit for use, or injuring a vessel when there may result from the same a danger for others ; 20. Mutiny and insubordination of the passengers on board a vessel against 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 in blank ; 25. Embezzlement; 26. Fraudulent bankruptcy. The attempt to commit, and participation in, the offence are included in the preceding list, when they are punishable under the laws of the country from which the extradition is asked.. Art. 2. Extradition shall not take place : 1. When the offence has been committed within a third country, and when the Government of the said country demands the extradition; 2. When the request is made for the same offence for which the fugitive has been tried in the country from which the extradition is asked, and for which he has been condemned, discharged, or acquitted ; 3. If, according to the laws of the country from which the extradition is asked, prescription has run against the prosecution or the sentence be- fore the arrest of the fugitive, or in case the arrest has not yet taken place before he has been summoned before the court for a hearing. Art. 3. Extradition shall not take place as long as the fugitive is under prosecu- tion for the same offence in the country from which the extradition is asked. Art. 4. If the fugitive is under prosecution or is serving his sentence for another offence than that which has given rise to the request for extradition, his extradition shall not be granted until after the conclusion of the prosecu- tion in the country from which the extradition is asked and, in case of con- demnation, until after he has served his senience or has been pardoned. Nevertheless, if according to the laws of the country which asks the extra- dition, prescription of the prosecution might result from this delay, his ex- tradition shall be granted, unless special considerations forbid it, uuder 202 promise of the return of the extradited person as soon as the prosecution in the said country shall be concluded. Art. 5. It is expressly stipulated that the extradited person shall neither be pros- ecuted nor punished in the country to which the extradition has been granted for any punishable offence whatever not provided for by the pres- ent convention, and committed prior to his extradition, nor shall he be ex- tradited to a third state without the consent of that granting the extradi- tion, unless he has had the opportunity again to leave the country aforesaid during one month after he has been tried, and, in case of condemnation, after he has served his sentence or been pardoned. Persons condemned for crimes to which, under the laws of the state mak- ing the demand, the death penalty is applicable, shall be extradited only on condition that the said penalty shall not be inflicted on them. Akt. 6. The provisions of the present treaty are not applicable to political of- fences. The person extradited for one of the offences against the universal law, mentioned in Article I, can, consequently, inno case be prosecuted and punished in the State to which the extradition is granted for a political of- fence committed by him before extradition, nor for an act connected with such political offence. Art. 7. Extradition shall be requested through the diplomatic channel, and shall be granted only on the production of the original, or of an authenticated copy either of the sentence of condemnation or bill of indictment or com- mitment for tuial, together with the warrant of arrest, drawn according to the forms prescribed by the laws of the State making the request, and set- ting forth the offence in question with sufficient clearness to enable the State on which the demand is made to decide whether, under its laws, the case is one provided for by the present convention, and also indicating the penal provision applicable thereto. Art. 8. Articles seized in the possession of the fugitive shall be delivered to the state making the demand, if the competent authority of the state on which the demand is made has ordered their delivery. Art. 9. Whilst awaiting the request for extradition through the diplomatic chan- nel, the temporary arrest of the person whose extradition may be requested under the terms of the present convention, may be asked : On the part of the Netherlands by any prosecuting officer {ofioier de jus- tice) or any examining judge (juge commissaire) ; On the part of By 203 The temporary arrest is subject to the forms and regulations prescribed by the laws of the country on which the demand is made. Art. 10. The foreigner arrested temporarily under the terras of the preceding arti- cle, shall, unless his arrest is to be oontiuued on another ground, be dis- charged, if, within the space of after the date of the warrant of pro- visional arrest, the request for extradition through the diplomatic channel, accompanied by the delivery of the papers designated by this convention, shall not have been made. Akt. 11. When, in the prosecution of a criminal case, one of the Governments shall deem it necessary to examine witnesses in the other state, letters rogatory shall be transmitted for that purpose through the diplomatic chan- nel, and due answer shall be made thereto, always complying with the laws of the country in which the witnesses are invited to appear. In case of urgency, however, letters rogatory may be directly addressed by the judicial authority in one of the states to the judicial authority in the other state. All letters rogatory iuteuded to request au examination of witnesses shall be accompanied by a French translation. Art. 12. If in a criminal case the personal appearance of a witness in the other country is necessary or desired, his Government shall urge him to comply with the invitation addressed to him, and, in case of his consent, he shall receive traveling and hotel expenses in accordance with the rates and regu- lations iu force in the country in which the examination is to take place, except iu case the Goverumeut making the request shall consider that the witness ought to be allowed a larger sum. No witness, whatever be his nationality, who, having been summoned in one of the two conntries, shall voluntarily appear before the judges of the other country, shall be prosecuted or detained there for prior criminal acts or sentences, nor under charge of complicity in the acts which are the grounds of the trial in which he is to appear as a witness. Art. 13. When in a criminal case the appearance of criminals held in the other state or the communication of proof of guilt or documents which are in the hands of the authorities of the other country shall be deemed useful or necessary, the request for the same shall be made through the diplomatic channel, and it shall be duly complied with, unless special considerations forbid it, under condition of returning the criminals and the proof. Art. 14. The transit through the territory of one of the contracting states, of a person surrendered by a third power to the other party and who does not belong to the country of transit, shall be granted on the simple production 204 of the original or an authenticated copy of one of the legal documents mentioned in article 7, provided that the crime which is the cause of the ex- tradition is included in the present convention and does not fall under the provisions of articles 2 and 6, and provided that the transfer takes place, so far as the escort is concerned, with the assistance of the officers of the coun- try authorizing the transit over its territory. The cost of transit shall be borne by the state making the request. Art. 15. The respective Governments mutually renounce all claim for the restitu- tion of the expenses for maintenance, transport and other expenses which may he incurred, within the limits of their respective territories, in the ex- tradition of prisoners who are charged with or convicted of crime, as well as those resulting from the execution of letters rogatory, from the transfer and return of criminals for appearance and from the transmission and return of evidence of guilt or of documents. In case transfer by sea shall be deemed preferable, the person to be ex- tradited shall be conducted to the port designated by the diplomatic or consular agent of the Government making the demand, and he shall be embarked at its expense. Art. 16. The present convention shall take effect from the twentieth day after its promulgation according to the forms prescribed by the laws of the two countries. From the date of its taking effect, the conventions of shall cease to be in force and shall be replaced by the present convention, which shall continue in force until six months after notice to the contrary from one of the two- Governments. It shall be ratified and the ratifications shall be exchanged within the period of , or sooner if possible. In faith whereof the respective plenipotentiaries have signed the present convention and have affixed thereto their seals. Done in duplicate at , on [Inclosure 4. — Translation.] Memorandum designed to serve as a reply to the questions contained in the circu- lar of his excellency the Secretary of State, at Washington, of November 26, 1888. 1. The Government of His Majesty the King of the Netherlands can in no case grant extradition otherwise than by virtue of a special convention to this effect. This is owing to the provision contained in Article III, par- agraph 2 of the constitution. No exception can be made to this rule under any circumstances, not oven if reciprocity in this respect be offered by a foreign Government. The extradition of our own subjects can never be granted. 205 2. A provisional arrest, pending an application for extradition, aoeom- pauied by the necessary jndioial papers, may take place when provision therefor is made by a convention. (Article IX of the law concerning extradition.) According to this article, provisional arrests are made at the request of those foreign anthorities designated as competent by the convention. It is not necessary for this request to be made diplomatically, although it may be stipulated in the convention that it shall be so made. The pe- riod during which a person may be held under provisional arrest, pending the receipt of an applicatiou for extradition is determined by Article X of the law, and by the stipulations on this subject which are contained in the various extradition conventions. When an application for extradition has been made, the person arrested is held until a decision has been reached concerning such application, while, if extradition is granted, the person arrested is, of course, hel