The New York herald., 1876-03-10
SUGGESTIONS TO THE IMPERIAL GOVERNMENT.
Character of the Crimes and Modes of
Extraditon Discussed
Last Nights Proceedings in the
Dominion Parliament.
OTTAWA. Ont, March 0. 1876.


at this moment
The first OF these documents is the copy OF report
OF a committee of tho Privy Council OF Canada APP
proved by the Governor General in Council the sth
OF December, 1875 II is as foows:-
MINUTE or COUNCIL
The Committee OF the Privy Council have had under
their attentive consideration a memorandum, hereto
annexed from the Honorable the Minister of Justice,
having reference TO the inadequacy OF the existing EN
tradition treaty between tho United Kingdom aud the
United States and suggesting the expediency OF taking
steps toward the making OF comprehensive extra
dltlon treaty. with due regard TO the exceptional
cumsances as between the United States and Canada
alluded TO In tho memorandum and they respectfully
report their In the expressed in the
OF this minute be transmitted by Your Exceency TO
the Right Hon. Her Maesy's Secretary
Colonies for the consideration of Her Maesys govern
mcnt W. A. HUNSWORTH,
Clerk OF the privy Council
REPORT OF THE MINISTER or JUsricK
The memorandum or report OF the Minister OF JUS
tico, referred TO in the above minute OF Council
long and elaborate paper 1t begins with of tho
two extradtion treaties which have been negotiaed
between The United States and Great Brtain-thst
which is commonly called the Jay treaty, made in
1894 and tho Ashburon treaty, concluded in 1872 and
rehearscs all the offences included In each ollows-
Memorandum OF the Minister of Justice BY what
is commonly called the Jay Treaty, made in 1894 be-
tween Great Britain and the United States, there
but two extradton offences, Wiz Murder and for
seven extradition offences viz:-Murder assault
with intent piracy. robbery, forgery aud the
uteranco OF forged paper Tho different cx,,
Parliament at different times, specifying tho
offences for which fugitives from justice might be
extraded rccited and the various schedules
OF crimes gwen at length after which tho report goes
to enumerate
THE TREATIES OF ExrRADIToS
negotiated within a few years past between Great
Britain and various countries follows-In 1870
cxtradiuon treaty was made between Great Britain
and Germany embracing eighteen extradton crimes;
another with Belgium embracing nineteen extradton
crimes another with Italy embracing nineteen
Denmark embracing nineteen extradton crimes In
1873 treaty was made with Brazil embracing eighteen
extradition crimes, and another with Sweden and Nor
way. embracing eighteen extradton crimes. In 1874
n treaty concluded with Austria embracing
twenty extraditon Offences and another with
the Netherlands embracing ten extradition Of
fences; and in 1873 cxtradition treaty was
concluded with the Swiss Confederation EN-
braclng eighteen extradtion offences The existence
OF these extradtion statutes and treaties leads the
Minister of Justice 10 argue in favor OF the proprciy
In fact OF the necessity OF enlargng The range of
tradition offences IN general The relations OF the
United States and Canada render applicable with added
force TO these countries the general consideration upon
which these statutes and treaties have been based.
The common frontier OF about 5000 miles, the iaci-
ties for passing from one country 10 the other tho
condition OF things In the sparsely settled, but vast
tracts OF country in the West; tho extensive COM
mcrce both by hand and by sea and by the great lakes
and increased intercourse between two peoples OF a
common tongue, all point to the conclusion
any other two countries, an extensive extraditon
treaty is requisite.
SOURCE OF DIFFICULTY
Ono crcat possible source Of difficulty, which prob
ably prevented any effort to extend tho existing treaty
has been OF late years removed by the abolition OF
slavery All tho experience OF later years points
toward tho necessity OF extension Cases are
OF very frequent occurrence in which per
guilty OF serious crimes pass from one
country into the other, and almost within sight Of
their victims and the country whose laws they have
offended nnd secure refuge for themselves and their
nnin N nl rrffa anf
particular character tend largely to increase
their number, and so at once foster crime and
render property less The Minister OF
Justice suggests to the Prvy Council that 1t is expe-
dent to take such steps may be best calculated
suit in the making Of comprehensive extradltion
treaty between the UniteI Kingdom and the United
States framed with due regard the exceptional
cumstanccs as between the United States and Canada
The Minister OF Justice has thought best not TO en-
cumbcr his report with any discussion OF the precise
crimes that should be embraced IN treaty to the
phrascoogy TO bo used in defining them These mat.
tcrs, he is Of opinion should be the subject o negotia
tions, and IN settling them II might be necessary TO
refer 10 the existing criminal law OF Canada.
THE MODE oF ExTRADTrioN.
Upon the mode of exlradng offenders which the
Minister OF Justice believes TO be important subject
ne proposes TO make separate report IN case steps be
taken for the negotiation OF treaty OF extradi-
ton. The report is signed Edward Blake. Minister OF
Justice
Tho repor; OF the Minister OF Justice is accompanied
by despatch from the Governor General OF Canada,
incosins copy OF letter from the Foreign
tations with the United States government
the subject, and that in the Earl
OF Derbys opinion there Is a: present little hope OF
cuding new treaty with the United States II will
be seen, however, that His Lordship will not fail,
should favorable opportunity occur, TO press upon
the United States government the expedcncy OF
cluding more comprehensive treaty than the exist
ing one.
The following is the letter referred to in Lord Car
narvon's despatch:-
FoREIoS oFFrcx, Jan %, 1876
SIR have laid before the Earl OF Derby your letter
OF the 18th In which you enclose n
sG snd ''Sn osehen rGm w1s GH Uvcrn1r mnue seo Of
the Privy Council OF the Dominion submitting Tor the
consideration OF Her Muesiy's government the mad
equacy OF the existing extradon treaty between
Great Britain and the United States. and suggesting
the expcdency OF taking s;cps for the ncgoti-
reply, | am directed by His Lordshp to
state TO you for the information for the Earl CIrno.
VAN that negotiations for the lusion oa new treaty
with the United states opened after the passing of
the Exraditon Act Of $50 and were carried until
May 1874 when they suspended In consequences OF
the United state. obicctng TO an article IN the English
draft which provided IN accordance with section OF
the act OF 1870, that or convicted person
should be surrendered II offence respect TO
deemed by the party upon vhom the demand Is made
10 be OF political character II he prove the sat.
isacton OF the magistrate, JUSTICE Judge. be.
tore which he y brought or OF the secretary OF state
that The rcqson tor his surrender has IN fact been
made with view TO Try, or 70 punish
aclcr. the government OF tho Tw,tcd states
maintained that the secretary OF the State alone should
decide whether an offence with which fugitive crimi
nal Is charged IS OF political character on the other
hand the Secretary OF State for Homo Affairs TO
whom this question was referred. reported that
It was not possible agree TO the proposal
OF the United states government as any stipulation In
accordance with their would be ~ variance with
section OF the act above rccited. Under these
cumstanccs Lord Derby considered u would be useless
TO. continue the negotiations which we're ac
cordingly suspended until quite recently, when
the question was renewed in discussion which
took place between Her Malcsty's Minister at Washing
and the Secretary OF the State the United states
relative TO the trial OF fugitive criminal named
Lawrence, who vas surrendered TO United States
April last on charge OF forgery. As however, Mr..
Fish continues to hold the views the point
issue that he held IN 1874, ami TO MAINTAIN that the
BRUSH Government must take the whole responsible
ty in deciding whether the offence with which a iugi-
tive criminal Is charged Is Of political character.
Lord Derby apprehends that there H. ~ present
little hope Of concluding new extrad
tIon treaty. with the United states. II