The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological OrderBancroft, Charles
History
The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological Order
Bancroft, Charles
United States -- History; United States -- Politics and government
3. An extradition treaty, then, is a mutual agreement between two
nations to deliver up, each to the other, upon demand and proper proof
of criminality, such persons as have committed crimes in one country and
then fled to the other, that they may be taken back, tried, and punished
where the offense was committed. But these demands for escaped criminals
can not be sustained if made for every crime whatever. They will only be
complied with when the crime is one which is named in the treaty itself.
These crimes, upon examination of a number of such treaties, we find to
be: 1. Murder, or an assault with an intent to commit murder. 2. Piracy.
3. Arson. 4. Robbery. 5. Forgery, or the uttering of forged papers, or
the making or circulating counterfeit money, either paper or coin. 6.
Rape. 7. Embezzlement, and 8. Burglary.
4. It should be observed that a mere demand for an alleged offender is
not sufficient. Proof enough to convince the judge before whom the case
is brought must accompany the demand. He must be satisfied that the party
demanded has committed the alleged offense; when this is done the judge
reports his finding to the Secretary of State, whose duty then is, under
his hand and seal of office, to issue the final writ of extradition;
after which the criminal may be taken out of the United States (by force,
if necessary), and back to the country where he committed the crime,
there to be dealt with according to the laws which he violated.
5. In some of our extradition treaties it is expressly stipulated that
neither party (government) shall be bound to surrender its own citizens,
or any person for merely a political offense. In others it is agreed that
the provisions in the treaty shall not apply to cases where the crime
was perpetrated before the treaty was made. This plea, we think, would
be held to be a good defense in all cases, whether so stipulated in the
treaty or not.
6. The treaties between different nations for the surrender of criminals
are so analogous to one of the provisions contained in our Constitution,
that to insert it here will give the reader a clear comprehension of its
meaning. It is found in the second section of article 4, and reads thus:
“A person charged in any State with treason, felony, or other crime, who
shall flee from justice, and be found in another State, shall, on demand
of the executive authority of the State from which he fled, be delivered
up, to be removed to the State having jurisdiction of the crime.”
CHAPTER VII.
BUSINESS REPRESENTATIVES.
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