New-York tribune., 1886-07-20
LEGATION OF THE UNITED STATS,

LEGATION OF THE UNITED STATS
LONDON, June 26 1885,. }
To the Hon. THOMAS F. BAYARD, Secretary Of
State.
SIR: have the honor to transmit herewith the
| convention signed by me On behalf of the United
| States and by the Right Honorable tho Earl of
| Rosebery Minister of Foreign Affairs, on be-
| half of Her Maiesty's Government. extend
| ing the provisions OF the Ath Article
of tho treaty of August 0, 1912, between the
United States and Great Britain, relative to the
extradition of persons charged with crime.
Iadyised you by telegram of the 25th instant oil
the execution of the Convention.
| 1t conforms in all substantial particulars 80
| nearly to the form heretofore prepared by me
| and submitted to the Department OK State Tor
| consideration, and of which your approval was
EXPRESSED. that | have not deemed it necessary
or admissible to incur the delay at this late period
in the session of Congress Of sending it to you for
further examination before signing. And 1t has
been impossible for me, under the existing
condition of business here. and the long discussion
upon minor details that has taken place, to bring
the matter to an earlier conclusion, though nave
made every excrtion to that end
The convention is so short and its terms WILL
hope be found so perspicuous that but lttie ex-
nIonation seems to me requisite though to over
come tbe scrupes of some of the officers of Her
Maiestys Government | have consented to
add two three clauses, which,
though quite unobectionabe. are in my judgment
unnecessary. But as tie convention as nhally
concluded is in all Its material provisions in ac-
cordance with my own views. as approved Oy you,
| signed those concessions as 1udlclous. add
few suggestions on the various clauses
/. 1t will be observed that the provisions for
extraditions are extended to persons convicted OF
the crimes specified in tie treaty as well as to
those charged before trial with the commits
sion of them. This seems to ME very desirable
addition If those accused Of crimes should be
surrendered in order to be tried and punished.
much more should those actually convicted of the
came crimes but who have escapcd punishment by
flight be sent back to undergo the sentence of the
law.
Q. But four additional crimes are added by this
convention to the seven specified in the treaty of
1s42. 1t is not intended to be asserted that
there may not be other offences proper to be
included In an extradltlon treaty
These are the principal and most hagrant ones.
large class of crimes justly punishable by law are
in my judgment not only beneath the dig
nitv of treaty between nations,
hut having different definitions and degrees under
different statutes are likely if embraced in such
treaty. 10 be fruitful of controversy i'll its practical
application.
The ATTEMPT to enlarge the list of crimes ell
counters such O variety of conflicting claims on
the one side and the other as to render discussion
almost endless and agreement extremely difficult.
At nv accession to office L found pend
ing between the two Governments negotiation
for a new extradition treaty which had been going
on for nine years without much approximation to-
ward a result The discussion had been prin-
cipally in regard to minor offences and details Of
procedure unnecessary in my Judgment to be in
cluded in a treaty. aud likely to enbarrass It's
adoption Meanwhile the constant escape of GRIM
inas in fragrant cases. in respect to which there
would be no dispute, had become scandal
to both countries. l am very glad, therefore. TO
obtain your approval to the suggestion that these
may be at provided for by an extension OF the
existing treaty leaving for after consideration the
question whether a more elaborate one is desirable.
g. Tho restrictions of the provisions OF the con-
vention. so far as the additional offences
concerned, to those which may be COM
mi tied after the convention comes into
force is one which is made in treaties
of this character, and whether important or not
cannot, think. be Objectionable.
a. The provision that no surrender shall be made
for a political offence is unnecessary. because such
is already the established and universal rule 10
which all extradtion treaties are subject. But ITS
inser lion can do no harm aud the omission might
excite comment
g. The clause precudng the trial OF a surrendered
fugitive for an offence committed prior 10 this sur
render except that established by the facts on
which his surrender was granted until he has had
q reasonable opportunity for return has already
protected fugitves from arrest. II anything needs
to be sald it's support, refer TO tho elaborate
discussion of the subject contained III my dispatch
No. lab, under date of November %. 1855. re-
gard this clause not OILY right IN teelf and as IN
conformity with the true principles of International
law III this respect. but specially desirable Tor 'ho
United States Ii Is further to DO remarked
WI thout the insertion of IT, or statute amendment
70 the same effect no extradition whatever could