or misdemeanors; but in none of these Treaties is any mention made of *Spain and Portugal(b) recognise the Extradition of persons CCCLXXVI. Denmark has Treaties for the Extradition of malefac- Denmark has a similar Treaty with Norway, of March, 1823, (f) which contains provisions similar to those in the Treaty with Sweden. Denmark has Treaties, for the Extradition of deserters, with Spain, of July, 1767;(g) with Sweden, in the Treaty already mentioned; with Mecklenbourg Strelitz and Schwerin, of February and April, 1823; (h) with Hambourg, of May, 1832.(i) + CCCLXXIXSweden appears to have only two Treaties on this sub- + ject-1. The Treaty already mentioned, with *Denmark; 2. A Treaty with Russia, of November, 1810; (4) by the seventh Ar- [*425] ticle of which it is stipulated:" La tranquillité et la sureté des paisibles habitans de ces frontières, étant trop exposées par la grande facilité aux malfaiteurs de se soustraire à leurs justes punitions, en passant sur le territoire de l'autre puissance, il est convenu que tout meurtrier, incendiaire, brigand ou voleur qui, après avoir commis un crime dans une des paroisses limitrophes, s'évadera sur le territoire étranger, sera saisi et livré à son gouvernement aussitôt que réquisition en aura été faite; mais en cas que l'accusé soit sujet de l'état où il se sera refugié après avoir commis le crime sur le territoire étranger, il sera jugé et puni par son propre gouvernement, avec la même rigueur que s'il s'étoit rendu coupable envers celui-ci." In both these Treaties, the surrender of deserters is conceded. Norway appears to have only the Treaty already mentioned, with Denmark.(7) CCCLXXX. Russia has the Treaties already mentioned, (m) for the Extradition of malefactors and deserters, with Austria, Prussia, and CCCLXXXI The Sublime Porte is accustomed to surrender malefactors who are not subjects; (r) but has, only a short time before these pages were written, refused to surrender political criminals. She appears to have no Treaty on the subject of Extradition. *CCCLXXXH. Greece allows by her domestic law the Extra[*426] dition of Turkish subjects for crimes or misdemeanors committed in her territory, but does not allow Greek subjects to be surrendered to Turkish authority for offences committed in the Turkish dominions.(s) CCCLXXXHEngland holds, and has always held, as a general principle, the doctrine of refusing to surrender any persons who may have taken refuge in her dominions. (t) The recent deviations from this principle are bounded by the letter of the Treaty which constitutes the particular case of exception; and by no Treaty has she departed from her rule of refusing the Extradition of political refugees.(u) By the Treaty of Amiens, England, for the first time, covenanted with France for the Extradition of fugitives charged with forgery, fraudulent bankruptcy, or murder, committed in their respective territories; (v) but this Treaty was for a limited period. England has also had at various times Treaties for the Extradition of deserters, with the German principalities,-Hesse Cassel(x) (January, 1776, September, 1787,(y) and April, 1793;)(z) Baden (September, 1793;)(a) Hesse Darmstadt() (September and October, 1793); Brunswick (November, 1794;)(c) The Elector Palatin (March, 1800;)(d) Duchy of Wurtemburg (April, 1800 ;) (e) Archbishopric of *May[*427] ence (April, 1800.)(f) But at present she has only two Treaties of Extradition with foreign States, one with France and another with America, both confirmed by Acts of Parliament.(g) The Treaty with France, on 13th February, 1843, provides, that the high contracting parties should, on requisition made in their name through the medium of their respective diplomatic agents, deliver up to (n) Martens, Recueil, t. iv. p. 229. (p) Ib. t. vi. p. 537 (Art. xix.). (9) Martens, Nouv. Recueil, t. i. p. 153. Revenue Etrangère, t. i. p. 417. (t) Vide M. Fælix, s. 641. p. 607, and note, (r) Fælix, s. 639. p. 607, and note. (u) Debate in the House of Lords, 4th February, 1842. Speech of Lord Brougham. (x) Ib. t. ii. p. 422. (a) Ib. t. v. p. 506. (d) Ib. t. vi. p. 707. (ƒ) Ib. t. vii. p. 54, (Art. viii.). (g) Hertslet's Treaties, vol. vi. pp. 448-9. "An Act of the British Parliament for giving effect to a Convention between Her Majesty and the King of the French for the apprehension of certain offenders," 6 & 7 Vict. c. lxxv. s. 1. Further provisions for facilitating the execution of this act were given by 8 & 9 Vict. c. 120. 7 Hertslet's Tr. 356. Martens, Rec. de Tr. t. xxxiv. p. 20. justice persons who, being accused of the crimes of murder (comprehending the crimes designated in the French penal code by the terms assassination, parricide, infanticide, and poisoning), or of an attempt to commit murder, or of forgery, or of fraudulent bankruptcy, committed within the jurisdiction of the requiring party, should seek an asylum or should be found within the territories of the other; provided that this should be done only when the commission of the crime should be so established, as that the laws of the country, where the fugitive or person so accused should be found, would justify his apprehension and commitment for trial, if the crime had been there committed; and also provides, that on the part of the British Government the surrender should be made only on the report of a judge or magistrate duly authorised to take cognizance of the acts charged against the fugitive in the warrant of arrest, or other equivalent judicial document issued by a judge or competent magistrate in France, and likewise clearly setting forth the said Acts; and also provides, that the expenses of *any detention and surrender made [*428] in virtue of the stipulations herein before recited should be borne and defrayed by the Government in whose name the requisition should have been made; and also provides, that the provisions of the said Convention should not apply in any manner to crimes of murder, forgery, or fraudulent bankruptcy committed antecedently to the date thereof; and also provides, that the said Convention should be in force until after the First day of January, in the year one thousand eight hundred and fortyfour, after which date either of the high contracting parties should be at liberty to give notice to the other of its intention to put an end to it, and it should altogether cease and determine at the expiration of six months from the date of such notice. This Treaty was confirmed by the Act 6 & 7 Vict. c. 75, passed on 22d August, 1843. The Treaty of Great Britain with the United States of North America, on 9th August, 1842, provides, by the tenth Article, that the two countries should, upon mutual requisitions by them or their ministers, officers, or authorities respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either of the high contracting parties, should seek an asylum or should be found within the territories of the other: provided that this should only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged should be found, would justify his ap*prehension and commitment for trial if the crime or offence had been there committed, and that the respective judges and other magistrates of the two governments should have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, so that he might be brought before such judges or other magistrates respectively, to the end that the evidence of criminality might be heard and considered; and if on such hearing the evidence should be deemed sufficient to sustain the [*429] charge, it should be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant might issue for the surrender of such fugitive, and that the expense of such apprehension and delivery should be borne and defrayed by the party making the requisition and receiving the fugitive; and the eleventh Article provides that the said tenth Article shall continue in force until one or other of the high contracting parties shall signify its wish to terminate it, and no longer.(h) This Treaty was confirmed by the Act 6 & 7 Vict. c. 76, passed on 22d August, 1843; and both the Treaties with France and the United States were further confirmed by the 8 & 9 Vict. c. 120, which facilitated their execution. A former Treaty on the same subject had been signed between the North American United States and Great Britain, in 1794; and under the twenty-seventh Article of that Treaty, a citizen of the North American United States, who had committed murder within the jurisdiction of England, that is, upon board a British ship on the high seas, was delivered up to the British by the American authorities, although it was strongly contended that the article of the Treaty was contrary to the Constitution of the United States; that the Treaty could only relate to foreigners; that, the crime having been committed on the high seas, the Courts of the United States had competent jurisdiction; and that a grand jury ought to make inquest, before a party was sent away for trial. All these objections were overruled, and the prisoner delivered up to the British Consul.(i) [*430] the aforesaid Treaty of Extradition with England, and also one with France. CCCLXXXVThe United States of North America have In 1853, the Treaty with England was enforced in the case of Thomas Kaine, an Irish criminal claimed by the British Consul, at the port of New York, for the crime of an assault with an intent to commit murder within the British dominions; and a formal and careful decision upon the effect of the Treaty was delivered by the American Commissioner, who said that it was his duty to inquire, whether the evidence of the guilt of the person charged would justify his commitment for trial, according to the laws in force in the State of New York, if charged with the crime there, and the requisitions of those laws would be fully complied with by the production of evidence from which the magistrate or Commissioner might conclude that the offence had been committed, and that there was probable cause to believe that the prisoner had been guilty of it. In this case the criminal was surrendered under the provisions of the Treaty.(k) (h) Hertslet's Treaties, vol. vi. pp. 862-3. "An Act of the British Parliament for giving effect to a Treaty between Her Majesty and the United States of America. for the apprehension of certain offenders," 6 & 7 Vict. c. 76. Martens, Rec. de Tr. t. xxxiv. p. 507. (i) Robbins's Case, Sentence by Judge Bee, State Trials of the United States, published at Philadelphia (1849), p. 393. United States v. Nash, Bee's (American) Admiralty Reports, 266. (k) The reciprocal Extradition of criminals among the States which constitute 11-4 CCCLXXXIX. 1852 Statute 1 1870 - Stanike of 10st for curcul arrange to or for Powers as to the of Vichomson Season was Love Meccseed the ShiEXTRADITION. 313 CCCLXXXVIt appears that, with respect to proceedings had in virtue of these Treaties and Acts, that the Applications of the British Government to France and the United States have been generally successful, but that the reverse may be predicated of the applications by France and America to Great Britain.() It has been decided in England that no retrospective effect can be The only important decision given in England on these Statutes was [*432] the union is expressly provided for by the constitution. Story on the Constitution, (1) Egan on the Law of Extradition, p. 57. (m) The Law Times, Nov. 1, 1845. Egan on the Law of Extradition, pp. 54, 55. The Act 1 W. IV. c. 66, which applies to the forging or uttering in England documents purporting to be made out of England. AUGUST, 1854.-21 + who |