Murder, assault with intent to kill, and manslaughter on the high seas, committed on vessels of demanding country.-Great Britain, Japan. Mutilation.-Mexico. Mutiny.-Belgium, Ecuador, Italy, Luxemburg, Netherlands, Nicaragua, Ottoman Obtaining by threats or false devices, money, valuables, etc.-Netherlands, Spain. Piracy.-Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, Great Britain, Hanover, Hawaiian Islands, Hayti, Italy, Japan, Luxemburg, Mecklenburg-Schwerin, Mecklenburg-Strelitz, Mexico, Nicaragua, North German Union, Oldenburg, Orange Free State, Ottoman Porte, Peru, Prussia and other states, Salvador, Schaumburg-Lippe, Spain, Sweden and Norway, Swiss Confederation, Two Sicilies, Württemberg. Poisoning.-Belgium, Dominican Republic, Ecuador, France, Hayti, Italy, Luxem- Robbery.-Austria, Baden, Bavaria, Belgium, Bremen, Dominican Republic, Ecuador, Shop-breaking.-Great Britain. Slave trade.-Great Britain, Spain. Vessels, wrongful destruction or loss of.-Great Britain, Netherlands, Spain. Wilful and unlawful destruction or obstruction of railroads.—Belgium, Luxemburg, Netherlands, Peru. Wilful injuries to telegraph lines.-Peru. APPENDIX C. PRACTICE IN VARIOUS COUNTRIES. In November, 1888, the Department of State instructed the ministers. of the United States to make reports upon the practice of extradition in the countries in which they respectively resided. The following information touching practice in foreign 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 the subject of international extradition, as practiced by the Government to which you 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 what conditions? Is reciprocity required, or is the matter in the absolute discretion of the Government? 2. Is provisional arrest and detention of a fugitive granted pending the reception of a formal requisition for surrender, accompanied with the evidences of crime relied upon to obtain extradition? If so, what steps must be taken by the demanding Government and its agents to secure such arrest 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 telegraphic 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 application to the Executive? If arrest be so obtained, must the matter be brought before the Executive to secure detention? 4. How is the charge against the fugitive examined, and what is the course of the examination? Do the judicial authorities take any part in it? If so, what; and what report or finding do they make To whom is it made, and to what extent is it binding on the Executive? Must papers be submitted to the Executive before they are presented to the judicial authorities, and by whom must this be done? 5. In what form are papers required 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? .. 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 delivery 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 extradition 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 expenses? You are instructed to forward to the Department, with your report, duplicate 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 Department desires full information on the points suggested, but does not wish your written report to be unnecessarily amplified. 68 ARGENTINE REPUBLIC. April 10, 1889, Mr. Hanna inclosed to the Department a translation of the articles of the criminal code of the Argentine Republic of October 17, 1888, relating to extradition, and a list of the country's treaties on the same subject. [Inclosure 1.-Translation.] Mode of procedure of the Argentine Government in cases concerning extradition. ART. 646. The extradition of criminals, whether asked for by the Republic 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 traditions therein prescribed. If there is no treaty, extradition shall be asked for or conceded through the diplomatic channel, according to the procedure and conditions established in this Code. ART. 649. The judge who may have jurisdiction in the cause will, ex-officio, or at the instance 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 results, the extradition should be allowed. ART. 650. Appeal may be taken from the decision by which the extradition 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 by law, if the person claimed shall already have been convicted, or the warrant of arrest issued by the competent courts, with the exact designation and the date of the commission of the crime or offense, if the person has been indicted or is resting under suspicion. Said papers will be forwarded in original or in authenticated copies. (2) All data and antecedents necessary to prove the identity of the person 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 Government or to the judge by whom it was issued, accompanied by a copy of the Attorney-General's opinion and of the decision made. In case the application is favorably received, the Government will forthwith communicate with the judge of the district wherein the refugee is, accompanied by all the antecedents, and notice shall be given to the foreign Government interested. When extradition is asked for by judges of the Republic, the national executive power will direct a corresponding letter to the Government of the nation where the refugee is, and will so advise the judge asking for the extradition. ART. 653. The request for extradition having been passed to that judge of the Republic who is to take cognizance of the case, he will order the detention 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. 654. 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 intrinsic validity of the documents produced by the demanding Government, the determination being 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 mentioned 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 according to the laws of the demanding country. (6) Whether the decision or warrant of arrest, as the case may be, emanates from the competent courts of the demanding country. ART. 656. The counsel of the person claimed shall have six days to present 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 received for evidence, and with regard to this, and to the procedure, the provisions of this Code will determine. ART. 658. At the end of the time allowed for proof, the judge, with the pleadings before him, shall decide within ten days, and will declare whether 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 Attorney-General. The original papers will be passed to the minister of 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 extradition, 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 contained 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 section, 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 Argentine citizen, without any further requirement than the presentation, through the diplomatic channel, of the sentence, whereby he has been condemned 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 up to the demanding Government 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 the diplomatic channel, and shall be transmitted to the competent judicial authorities. ART. 664. In urgent cases they can be transmitted directly to the Argentine authorities, who must act without delay, provided they are not in conflict with the laws of the Republic. ART. 665. Citations in a criminal matter not of a political character, of witnesses domiciled or residing in the Republic, shall not be admitted and notice thereof shall not be given them, save on condition that such witnesses shall not be prosecuted nor imprisoned on account of previous acts or convictions, or as accomplices in the offense then brought to trial. ART. 666. If the person asked for is on trial, or is convicted for a crime or offense committed in the Republic, extradition shall be deferred until the trial is finished or the penalty satisfied. ART. 667. When, for the offense which prompts the demand for extradition, there is a lighter penalty in the Republic, the accused person shall not be extradited, save on condition that the courts of the country which claims him shall impose on him the lighter penalty. ART. 668. If the offender is demanded by more than one state at the same time, preference shall be given to that state in which the greatest offense was committed, and, in case of equal offense, to that state which first asked for him. ART. 669. If the criminal is an Argentine citizen, and elects to be judged by the Argentine courts, the Government of the demanding nation may furnish to said courts all the antecedents and proofs of the offense, in order that he may be tried according to the laws of the Republic. ART. 670. The delivery of all the effects which the accused may have stolen in a foreign country, and which were found in his possession at the time of his arrest, and the things which may serve as proof of the offense of which he is charged, shall of course be included in the writ of extradition. ART. 671. In case of urgency, the courts of the Republic may order the preliminary arrest of a foreigner in compliance with the direct request of the judicial authorities of a country having an extradition treaty with the Republic. provided that the exis ence of a sentence, or of a warrant of arrest be established, and provided the nature of the crime for which the person in question has been sentenced or is pursued be clearly determined. The demand may be made by mail or telegraph, and at the same time notice shall be given through the diplomatic channel to the minister for foreign affairs. The courts that have caused the arrest to be made shall immediately give notice thereof to the minister for foreign affairs, through the minister of justice. ART. 672. A foreigner arrested by virtue of the provisions of the foregoing article shall be immediately released, if within the period of fifteen days, when the country concerned is one bordering on the Republic, and of one month and a half in the case of all other countries, the Argentine Government shall not receive in due form the demand, through the diplomatic channel, for extradition. ART. 673. The preliminary arrest of a foreigner may likewise be ordered at the request of a diplomatic officer, pending the arrival of the papers necessary to be presented with the demand for extradition, and the provisions of the two foregoing articles shall be applicable to these cases. ART. 674. Every foreigner arrested by virtue of a demand for extradition may ask for his provisional liberty, under bail, upon the same conditions as if the offense charged had been committed in the Republic. (See "Codigo de Procedimientos en lo Criminal," pp. 216–225 inclusive.) [Inclosure 2.] Statement showing page and volume of Argentine treaties touching extradition. (Coleccion de Tratados de la Republica Argentina.) Three reports have been received from the legation of the United States at Vienna. The first, by Mr. Lawton, of January 30, 1889, contains the following passages: The Austrian Government has not, up to the present time, as far as known to this legation, seen fit to enact any special laws in regard to the question of extradition beyond the short extract from the "Strafgesetz" and "Strafgesetz Ordnung" enclosed herein. Such precedents and customs as exist are based on the prevailing law of the Empire, and are, in each particular case, carried out in accordance with the provisions of the treaty existing between Austria-Hungary and the power making request for extradition. These treaties are fairly uniform in character, though those concluded many years ago are necessarily less complete and precise than those of later date. Especially may this be noticed as to the existing treaty between the United States and Austria-Hungary, concluded July 3, 1856. Many important provisions, such as additional crimes for which extradition can be granted, the apprehension of fugitives by telegraph, delivery of articles seized in possession of the person to be surrendered, payment of the expenses of extradition, transportation across territory of a fugitive surrendered by a third power, etc., are entirely omitted in this treaty with the United States; and in addition it appears to lack the clearness of those more recently concluded. The treaties between Austria Hungary and England (16th April, 1874), Belgium (12th January, 1881), and Brazil (21st May, 1883) are the most full and complete, as well as the latest, negotiated. As by the instructions of the Department circular I am directed to take into consideration how far the documents forwarded furnish a definite answer to the questions asked, and as a perusal of the treaties above mentioned will give full information on |