Presidents -- United States -- Messages; United States -- Politics and government -- Sources
The attention of Congress is called to the fact that, our consular offices
having ceased to exist in Hawaii and being about to cease in other
countries coming under the sovereignty of the United States, the provisions
for the relief and transportation of destitute American seamen in these
countries under our consular regulations will in consequence terminate. It
is proper, therefore, that new legislation should be enacted upon this
subject in order to meet the changed conditions.
The interpretation of certain provisions of the extradition convention of
December 11, 1861, has been at various times the occasion of controversy
with the Government of Mexico. An acute difference arose in the case of the
Mexican demand for the delivery of Jesus Guerra, who, having led a
marauding expedition near the border with the proclaimed purpose of
initiating an insurrection against President Diaz, escaped into Texas.
Extradition was refused on the ground that the alleged offense was
political in its character, and therefore came within the treaty proviso of
nonsurrender. The Mexican contention was that the exception only related to
purely political offenses, and that as Guerra's acts were admixed with the
common crime of murder, arson, kidnaping, and robbery, the option of
nondelivery became void, a position which this Government was unable to
admit in view of the received international doctrine and practice in the
matter. The Mexican Government, in view of this, gave notice January 24,
1898, of the termination of the convention, to take effect twelve months
from that date, at the same time inviting the conclusion of a new
convention, toward which negotiations are on foot.
In this relation I may refer to the necessity of some amendment of our
existing extradition statute. It is a common stipulation of such treaties
that neither party shall be bound to give up its own citizens, with the
added proviso in one of our treaties, that with Japan, that it may
surrender if it see fit. It is held in this country by an almost uniform
course of decisions that where a treaty negatives the obligation to
surrender the President is not invested with legal authority to act. The
conferment of such authority would be in the line of that sound morality
which shrinks from affording secure asylum to the author of a heinous
crime. Again, statutory provision might well be made for what is styled
extradition by way of transit, whereby a fugitive surrendered by one
foreign government to another may be conveyed across the territory of the
United States to the jurisdiction of the demanding state. A recommendation
in this behalf made in the President's message of 1886 was not acted upon.
The matter is presented for your consideration.
Public-domain text, read in full here on John Shaqi.
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