ON

EXTRADITION

AND

INTERSTATE RENDITION.

WITH APPENDICES CONTAINING

THE TREATIES AND STATUTES RELATING TO EXTRADITION;
THE TREATIES RELATING TO THE DESERTION OF SEAMEN;
AND THE STATUTES, RULES OF PRACTICE, AND FORMS, IN FORCE IN
THE SEVERAL STATES AND TERRITORIES, RELATING
TO INTERSTATE RENDITION.

BY

JOHN BASSETT MOORE,

THIRD ASSISTANT SECRETARY OF STATE OF THE UNITED STATES; AUTHOR OF A
WORK ON "EXTRA TERRITORIAL CRIME," of a REPORT ON EXTRADI-
TION TO THE INTERNATIONAL AMERICAN CONFERENCE, ETC.

IN TWO VOLUMES.

VOL. II.

BOSTON:

THE BOSTON BOOK COMPANY.

1891.

L 9067
MAR 1 @ 1934

Copyright, 1891,

BY JOHN BASSETT MOORE

University Press:

JOHN WILSON AND SON, CAMBRIDGE.

522. Includes all Acts made punishable by the Laws of the

Demanding State

828

CHAPTER II.

LEGISLATION.

1. ACTS OF CONGRESS.

Page

§ 531. Constitutional Provision not Self-executing

532. Opinion of Edmund Randolph .

840

842

539. Cases under Section 33 of the Act of 1789; Section 1014,

Revised Statutes

852

540. Is a Warrant of Removal necessary in Federal Cases?

541. Escape of Federal Convict under Sentence.

855

861

2. REQUIREMENTS OF STATE LAWS.

§ 547. Provisions in various States and Territories

548. Statutes of Massachusetts, Ohio, and Delaware

3. INDICTMENT.

870

871

871

872

873

5. CERTIFICATION.

§ 558. Must be in Accordance with the Act of Congress.

559. Imports Verity . .

560. Certificate is of Authenticity

561. Authority of Magistrate implied from Certificate.

CHAPTER IV.

Page

883

883

884

885

FUGITIVES FROM JUSTICE.

1. WHAT CONSTITUTES A FUGITIVE.

§ 562. Person demanded as a Fugitive from Justice

563. Georgia-Maine Controversy

567. Person may be a Fugitive, though he returns to his

571. Vinal Case; Specific Evidence as to Flight.

904

572. Vinal Case; Argument for the State of New York

573. Vinal Case; Argument for the Accused.

574. Vinal Case; Supplemental Brief for New York and Re-

ply for Accused .

913

575. Vinal Case; Report of Attorney-General's Department. 913

576. Vinal Case; Decision of Governor

919

577. Vinal Case; Examination of Report

922

578. What is a "Fugitive from Justice" in the Extraditionary

§ 581. Person charged must have been in demanding State

582. Case of Joseph Smith, the Mormon Prophet

590. Construction of Act of 1793 as to Proof of Flight

952