Page:The American Cyclopædia (1879) Volume VII.djvu/51

EXTRADITION (treaty of Feb. 10, 1858). With Prussia and the other states of the late North German Confederation : murder ; assault with intent to murder ; piracy ; arson ; robbery ; forgery or the utterance of forged papers ; the fabrica- tion or circulation of counterfeit money, or the embezzlement of public moneys. (Treaty with Prussia of June 16, 1852, extended to all the states of the North German Confederation, Feb. 22, 1868. Similar treaties were made with Bavaria, Sept. 12, 1853 ; with Hanover, Jan. 18, 1855; and with Baden, Jan. 30, 1857.) With the Swiss Confederation: murder, in- cluding assassination, parricide, infanticide, and poisoning; attempt to commit murder; rape ; forgery or the emission of forged papers ; arson ; robbery with violence, intimidation, or forcible entry of an inhabited house ; piracy ; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, where these crimes are subject to infamous punishment. This not to apply to offences previously committed, or to those of a political character. (Treaty of Nov. 25, 1850.) With Venezuela : the offences specified in the treaty with the Swiss Confederation, with the addition of the counterfeiting of money, and with the like exception. (Treaty of Sept. 25, 1861.) With the Dominican Kepublic : the offences specified in the treaty with Venezuela. (Treaty of Feb. 8, 1867.) With Sweden and Norway : murder, including assassination, par- ricide, infanticide, and poisoning; attempt to commit murder ; rape ; piracy, including mu- tiny on board a ship whenever the crew or part thereof, by fraud or violence against the commander, have taken possession of the ves- sel; arson; robbery; burglary; forgery, and the fabrication or circulation of counterfeit money, whether coin or paper money; em- bezzlement by public officers, including ap- propriation of public funds. This not to apply to offences of a political character, or to any person who by its laws is a citizen or subject of the country on which the demand is made ; and where the person demanded is charged with a new offence in the country in which he has sought an asylum, he is not to be de- livered up until tried and acquitted or punished. (Treaty of March 21, 1860.) With Italy : mur- der, including parricide, assassination, poison- ing, and infanticide ; attempt to commit murder ; rape ; arson ; piracy, and mutiny on board a ship, whenever the crew or a part thereof, by fraud or violence against the commander, have taken possession of the vessel ; burglary ; rob- bery ; forgery and counterfeiting, and the ut- tering of forged or counterfeit papers, coin, or paper money ; embezzlement of public moneys by public officers or depositaries, and embezzle- ment by persons hired or salaried to the detri- ment of their employers when subject to in- famous punishment according to the laws of the United States, and to criminal punishment according to the laws of Italy. (Treaties of March 23, 1868, and Jan. 21, 1869.) With Nicaragua : the same offences specified in the treaties with Italy. (Treaty of June 25, 1870.) With Austria : murder, assault with intent to murder ; piracy ; arson ; robbery ; forgery ; fabrication or circulation of counterfeit money, whether coin or paper money ; embezzlement of the public moneys. This not to apply to offences previously committed, or to offences of a political character, and neither to be bound to surrender its own citizens or subjects ; and one accused of a new offence in the coun- try to which he has fled, not to be surrendered until tried therefor and acquitted or punished. (Treaty of July 3, 1856.) With Mexico : mur- der, including assassination, parricide, infanti- cide, and poisoning; assault with intent to murder ; mutilation ; piracy ; arson ; rape ; kidnapping, defining the same to be the taking and carrying away of a free person by force or deception ; forgery, including the forging or making or knowingly passing or putting in circulation of counterfeit coin, or bank notes or other paper current as money; embezzle- ment of public moneys ; robbery ; burglary and larceny of cattle or other goods or chattels of the value of $25 or more, when committed in the frontier states or territories of the re- spective countries. This not to apply to offen- ces of a political character, or to persons held as slaves when the offence is charged to have been committed, or to crimes previously com- mitted; and neither party to be obliged to deliver up its own citizens. (Treaty of Dec. 11, 1861.) With Hayti: murder, including assassination, parricide, infanticide, and poison- ing ; attempt to commit murder ; piracy ; rape ; forging and the counterfeiting of money, and the utterance of forged paper; arson; rob- bery; embezzlement by public officers or by persons hired or salaried, to the detriment of their employers, when these crimes are subject to infamous punishment. This not to apply to previous offences, or to citizens of the country on which the demand is made. (Treaty of Nov. 3, 1864.) Besides these, there are con- ventions for the mutual return of deserters from ships, and treaties under which various Indian tribes bind themselves to surrender of- fenders to the United States ; and the Creeks and Seminoles and the United States agree to a mutual surrender of offenders against their respective laws. The several treaties with foreign countries require that, when requisi- tion is made for an offender, before the sur- render for extradition a judicial examination should be had, and that the surrender should only be made on such evidence of criminality as would justify the apprehension of the per- son and his commitment for trial where he is found if the offence had been there commit- ted. By acts of congress passed to give effect to the treaties, the hearing is to be had before a federal judge or commissioner, or before a judge of a state court, who, if he finds the proper case established, will certify the fact with the evidence to the secretary of state,