EXTRADITION (Lat. ex, from, traditio, handing over). The surrender by one sove reign state to another, on its demand, of persons charged with the commission of crime within its jurisdiction, that they may be dealt with according to its laws.
The surrender of persons by one sovereign state or political community to another, on its demand, pursuant to treaty stipulations between them.
The surrender of persons by one federal state to another, on its demand, pursuant to their federal constitution and laws.
2. Without treaty stipulations. Publicjurists are not agreed as to whether extradition, in dependent of treaty stipulations, is a matter of imperative duty or of discretion merely. Some have maintained the doctrine that the obligation to surrender fugitive criminals was perfect, and the duty of fulfilling it, therefore, imperative, especially where the crimes of which they were accused affected the peace and safety of the state ; but others regard the obligation as imperfect in its na ture, and a refusal to surrender such fugitives as affording no ground of offence. Of the former opinion are Grotius, Heineccius, Bur lamaqui, Vette!, Rutherforth, Schmelzing, and Kent; the latter is maintained by Puf fendorf, Voet, Martens, Klaiber, Leyser, Saalfeld, Schmaltz, Mittermeyer, Heffter, and Wheaton.
Many states have practised extradition without treaty engagements to that effect, as the result of mutual comity and convenience; others have refused. The United States has always declined to surrender criminals unless bound by treaty to do so. Wheaton, Int. Law, 171; 1 Kent, Comm. 9th ed. 39, n.; 1 Opin. Attys. Gen. 511 ; Hurd, Hab. Corp. 575.
3. Under treaty stipulations. The sove reignty of the United States, as it respects foreign states, being vested by the constitution in the federal government, it appertains to it exclusively to perform the duties of extradi tion which, by treaties, it may assume, 14 Pet. 540; and, to enable the executive to charge such duties, congress passed the act of Aug. 12, 1848, 11 U. S. Stat. at Large, 302.
Treaties have been made between the United States and the following foreign states for the mutual surrender of persons charged with any of the crimes specified, viz. :—
4. Great Britain. Aug. 9, 1842 (8 U. S. Stat. at Large, 576). Crimes,—murder, as sault with intent to commit murder, piracy, arson, robbery, forgery, and utterance of forged paper.
France. Nov. 9, 1843 (8 U. S. Stat. at Large, 582). Crimes,—murder (comprehend the crimes designated in the French penal code by the terms assassination, parricide, infanticide, and poisoning), attempt to com mit murder, rape, forgery, arson, and em bezzlement by public officers when the same is punishable with infamous punishment.
Feb. 24, 1845 (8 U. S. Stat. at Large, 617). Robbery and burglary.
Feb. 10, 1858. (11 U. S. Stat. at Large, 741). Forging, or knowingly passing or put ting in circulation counterfeit coin or bank notes or other paper current as money, with intent to defraud any person or persons • em bezzlement by any person or persons hired or salaried, to the detriment of their employ ers, when these crimes are subject to infamous punishment.
Hawaiian Islands. Dec. 20, 1849 (9 U. S. Stat. at Large, 981). Crimes,—murder, piracy, arson, robbery, forgery, and the ut terance of forged paper.
Prussia and certain other states of the Ger manic Confederation, viz.: Saxony, Hesse Cassel, Hesse-Darmstadt, Saxe-Weimar-Ei senach, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Brunswick, Anhalt-Des 'eau, Anhalt-Bernburg, Nassau, Schwarzburg Rudolstadt, Schwarzburg- Sondershausen, Wal deck, Reuss elder and junior, Lippe, Hesse Homburg, and Frankfort. Nov. 16, 1852 (10 U. S. Stat. at Large, 964). Also, states subsequently acceding under art: ii. of the treaty, Free Hanseatzc city of Bremen, Meck lenburg-Strelitz, Wurtembcrg, Mecklenburg 'Schwerin, Oldenburg, Schaumburg-Lippe (10 U. S. Stat. at Large, 970, 971, 972). Crimes, —murder; assault with intent to commit mur der ; piracy ; arson ; robbery ; forgery; utter ance of forged papers ; fabrication or circu lation of counterfeit money, whether coin or paper money ; embezzlement of public moneys.