APPENDIX I.

TREATIES AND STATUTES.

PART I.

EXTRADITION TREATIES.

1. Introduction.

THE history of extradition in the United States under treaties properly begins with the conclusion of the treaty with Great Britain of August 9, 1842, commonly called the Webster-Ashburton Treaty. The only formal convention prior in date is found in the 27th article of the treaty with the same country of 1794, generally known as the Jay Treaty. But that article expired by limitation in 1807 and was not renewed; and as the only well-known case that occurred under it, that of Jonathan Robbins, involved questions of great moment and was the subject of controversies on which political parties divided, it served to retard rather than to promote the progress of extradition. When the treaty of 1842 was concluded, the case of Robbins furnished a ready text for its opponents, who ominously foreboded that the new arrangement would be perverted for the recovery of political offenders and for other illicit purposes. This distrustful feeling was not confined to those engaged in political life. It was shared as well by the courts, and found practical and inconvenient expression in the obstructive and technical jealousy with which they frequently treated the cases that came before them. Especially was this so with some of the State courts, which assumed to intervene by habeas corpus and discharge delinquents on narrow grounds after they had duly been committed for surrender by the Federal tribunals. In this posture of affairs, the government of the United States, desiring to render the procedure more certain and to facilitate the execution of the treaties,

adopted the act of 1848. Without entering more fully into the history of the subject, which is fully developed in the preceding pages, it is sufficient here to say that the beneficial results which were realized from the operation of the treaties, without the occurrence of any of the abuses that were predicted, gradually dissipated opposition to the system and produced a general sentiment in favor of its perpetuation and extension. The spread of this sentiment was aided not a little by the growth of commerce and the rapid development and facilitation of communication.

2. Returns of Cases.

The writer may be permitted to refer to a publication of the Department of State1 for returns of all cases of extradition in which the United States was concerned, from August 9, 1842, to January 1, 1890. This publication also contains a statement of the results of all applications made from 1873 to 1890, for the extradition from foreign countries of offenders against the laws of the State of New York, including all that took place after their return. We give below a summary of the requisitions by and upon the United States from August 9, 1842, to January 1, 1890, and, so far as obtainable, the determination reached in each case upon the question of extradition. The number of surrenders granted by the United States is shown in the list of warrants of surrender. The number of surrenders by Great Britain is also quite completely disclosed, at least down to 1876. The returns for other countries are necessarily imperfect, and especially is this so with regard to Canada, and to the operation of the border-States clause in the treaty with Mexico.

SUMMARY.

I. Number of Persons whose Extradition was sought by the United States.

BELGIUM-2: Forgery, 1; murder, 1.

BRAZIL -1: Forgery, 1.

CHILE 2: Embezzlement, 1; larceny, 1.

COLOMBIA-1: Forgery, 1.

DENMARK-1: Forgery, 1.

FRANCE 13: Attempt to commit murder, 2; burglary, 4; em

1 Report on Extradition, with Returns of all cases from August 9, 1842, to January 1, 1890. By John Bassett Moore, Third Assistant Secretary of State.

bezzlement, 3 (of whom two were also sought for forgery); forgery, 6.

GERMAN STATES-11: Forgery, 6; forged paper, utterance of, 1 (also sought for forgery); murder, 4; robbery, 1.

GREAT BRITAIN - 458: Arson, 16 (1 of whom was also sought for forgery); assault with intent to commit murder, 71 (of whom 11 were also sought for robbery, 12 for murder and robbery, and 1 for piracy and robbery); burglary, 5 (of whom 1 was sought also for larceny, 1 for robbery, and 2 for larceny and robbery); counterfeiting, 2; counterfeit money, utterance of, 4; embezzlement, 2; forgery, 152 (of whom 11 were sought also for utterance of forged paper, 1 for murder, and 1 for robbery); forged papers, utterance of, 21; larceny, 3; murder, 147 (of whom 3 were sought also for mutiny, 5 for piracy, and 15 for robbery); mutiny, 3; piracy, 21; robbery, 91.

GUATEMALA 1: Robbery, 1.

HAWAII-5: Embezzlement, 2; "felonies," 1; forgery, 2; forged paper, utterance of, 1 (also sought for forgery).

ITALY 4: Counterfeiting, 1; murder, 3.

2: Forgery, 1; murder, 1.

JAPAN MEXICO 29: Assault with intent to commit murder, 2 (of whom 1 was also sought for murder); embezzlement of public moneys, 8 (of whom 1 was also sought for forgery and 2 for larceny); forgery, 10 (of whom 1 was also sought for robbery); kidnapping, 1; larceny, 3; murder, 7; robbery, 3.

PERU -6: Embezzlement, 1; forgery, 4; forged papers, utterance of, 1 (also sought for forgery); larceny, 1.

PORTUGAL - 1: Embezzlement, 1,

SPAIN-7: Embezzlement, 2; forgery, 3; larceny, 1; murder, 1.

Sweden and NORWAY-5: Attempt to commit murder, 1 (also sought for forgery); embezzlement of public moneys, 1; forgery, 1; piracy, 3.

TOTAL -549: Arson, 16; assault with intent to commit murder, 73; attempt to commit murder, 3; burglary, 9; counterfeiting, 3; counterfeit money, utterance of, 4; embezzlement, 12; embezzlement of public money, 9; "felonies," 1; forgery, 189; forged paper, utterance of, 24; kidnapping, 1; larceny, 9; murder, 164; mutiny, 3; piracy, 24; robbery, 96. Sixty-one persons were sought for two offences and 15 for three offences.

II. Number of Persons surrendered to the United States.1

BELGIUM-2: Forgery, 1; murder, 1.

BRAZIL 1: Forgery, 1.

CHILI-1: Larceny, 1.

FRANCE-4: Burglary, 1; embezzlement, 1 (surrendered also for forgery) forgery, 3. One also returned voluntarily.

GREAT BRITAIN-168: Arson, 4; assault with intent to commit murder, 27 (of whom 6 were also surrendered for robbery and one for piracy and robbery); burglary, 2 (of whom 1 was also surrendered for larceny and 1 for robbery); forgery, 53 (of whom 5 were also surrendered for utterance of forged papers); forged papers, utterance of, 13; larceny, 1; murder, 58 (of whom 3 were also surrendered for mutiny and 4 for robbery); mutiny, 3; piracy, 1; robbery, 28. Three also returned voluntarily.

HAWAII-3: Embezzlement, 2; forgery, 1.

JAPAN-1: Forgery, 1.

MEXICO 17: Embezzlement of public moneys, 4 (of whom 1 was also surrendered for forgery); forgery, 7 (of whom 1 was also surrendered for robbery); kidnapping, 1; larceny, 1; murder, 5; robbery, 1. One also returned voluntarily.

PERU 2: Embezzlement, 1; forgery, 1.

PORTUGAL

1: Embezzlement, 1.

3: Embezzlement, 1; forgery, 2.

SPAIN TOTAL 206: Arson, 4; assault with intent to commit murder, 27; burglary, 3; embezzlement, 6; embezzlement of public moneys, 4; forgery, 73; forged papers, utterance of, 13; kidnapping, 1; larceny, 3; murder, 64; mutiny, 3; piracy, 1; robbery, 29. Twenty-three persons were surrendered for two offences, and 1 for three offences.

III. Number of Persons whose Extradition was sought from the United States.

AUSTRIA -7: Embezzlement of public moneys, 3; forgery, 4. BELGIUM-26: Arson 1 (sought also for murder); assault with intent to commit murder, 1; counterfeiting, 1; embezzlement, 10 (of whom 2 were also sought for forgery); forgery, 10; forged

1 The cases under Brazil, Chili, Denmark, and Japan, were surrenders on the ground of comity, without formal requisition.

paper, utterance of, 2 (sought also for forgery); murder, 6 (of whom 1 was also sought for robbery); robbery, 1.

COREA-1: Offence not stated.

FRANCE-28: Abuse of confidence, 1 (sought also for fraudulent bankruptcy and forgery); burglary, 1; desertion, 2; embezzlement, 12 (of whom 7 were sought also for forgery); forgery, 14; fraudulent bankruptcy, 1; murder, 2 (of whom 1 was sought also for robbery); rape, 1; robbery, 1; vol qualifié crime, 3.

GERMAN STATES-102: Arson, 2 (of whom 1 was also sought for murder and robbery); counterfeiting, 5 (of whom 1 was also sought for forgery); embezzlement of public money, 33 (of whom 8 were also sought for forgery); forgery, 61 (of whom 1 was also sought for murder); forged paper, utterance of, 15 (sought also for forgery); murder, 9; robbery, 2; stealing, 1; offence not stated, 1.

GREAT BRITAIN-267: Arson, 10; assault with intent to commit murder, 51 (of whom 11 were also sought for piracy and 1 for robbery); embezzlement, 1 (sought also for forgery); forgery, 100 (of whom 18 were sought also for utterance of forged paper); forged paper, utterance of, 26; murder, 79 (of whom 1 was also sought for piracy and 4 for robbery); piracy, 19; robbery, 17.

ITALY-20: Assault with intent to commit murder, 1 (sought also for murder and robbery); attempt to commit murder, 1; burglary, 2 (1 of whom was also sought for murder); embezzlement, 5; forgery, 1 (sought also for embezzlement); murder, 12 (of whom 1 was also sought for robbery and 1 for rape and robbery); rape, 1; robbery, 4.

MEXICO 91: Assault with intent to commit murder, 47 (of whom 6 were also sought for murder and 41 for murder and robbery); burglary, 2 (sought also for robbery); embezzlement, 4; forgery, 4 (of whom 2 were also sought for theft); larceny of cattle, 1 (sought also for robbery); murder, 67 (of whom 1 was sought also for robbery); obtaining money under false pretences, 1; rape, 1; robbery, 56; theft, 2.

NETHERLANDS 14: Arson, 1; embezzlement 9 (of whom 2 were also sought for forgery); forgery, 5; forged paper, utterance of, 1.

PORTUGAL-1: Murder, 1.

RUSSIA-2: Embezzlement, 1; robbery, 1.

SPAIN-18: Burglary, 2 (sought also for kidnapping); embezzlement, 4; embezzlement of public moneys, 1; forgery, 1; kid