The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-07-21

before trial with the commission OF them Tue
convention is not retroactive. No surrender il
to be demanded for a political offense, and no
trial is permitted for any other offense than the
one for which extradition is requested until fhG
person exiradited mas had an opportunity to ra-
turn to the state by which he was surrendered
In his letter to the Secretary OF State ME.
Phelps says it is understood between the two
governments that the convention shall not stand
In the way OF a more elaborate treaty, If one IA
desired, bu: he expresses the opinion that new
treaty will not be necessary. The convention is
now before the Senate committee on the iudici-
ary, from which ii will be referred to the COM
mittee on foreign affairs. An early and tavor~
able report to the Senate is looked for, though
the convention may not be ratified at the prescnt
session of Congress. The treaty is as follows
Convention between the United States and her
Britannia Majesty:
Whereas, By the tenth article Of the treaty
concluded between the United States of Amersc@
and her Britannia Majesty on the 9th day Of
August lS42, provision is made for the extr1di-
tion OF persons charged with certain crimes; and
whereas. iti now desired by the high contrsear
ing parties that the provisions of the said artc0
should embrace certain crimes not therein sDee5-
fed. and should extend to fugitives convicted af
crimes specified IN said article and in this eau-
vention, the said high contracting parties have
appointed as their plenipotentiaries TO conclude q
convention for this purpose, namely: The Prsz.
ident OF the United States Of America. Edward
j. Phelps, Envoy Extraordinary and Minister
Plenipotentiary of the United States to the court
OF St James, etc, and her Majesty, the QueeM
of the United Kingdom OF Great Britain and ire
land, the Rt. Hon. Archibald Philip Earl Of
Roseb berry, her, Majesty's Principal Secretary 0k
State for Foreign Affairs, etc., etc., who, after
having communicated to each other their ra<
spective full powers found in good aud due forms
have agreed upon the following articles:
ARTICLE /. The provisions of the tenth aE-
ticle OF the said treaty will be and are hershY
extended so as to apply to and comprehend the
following additional crimes not mentioned IA
said article namely: l. Manslaughter e
Burglary. 3. Embezzlement or larceny of the
value of $50 or fl0, and upward. A. Malicious
injuries to property whereby the life of any per
son shall be endangered, if such injuries consfi-
tnte crime according to the laws of both tha
high contracting parties; and the provisionscE
the said article shall have the same effect wTEh
respect to the extradition Of persons charged
with any of the said crimes as if the same had
been originally named and specified in the szS6
articles
''Art. 2 The provisions of the tenth articie af
the said treaty and of this convention sSsal1
apply to persons convicted of the crimes herein
respectively named and specified whose sentezca
thereupon shall not have been executed. In thG
case of a fugitive criminal alleged to have hoeu
convicted of the crime for which his surrender
is asked. a copy of the record OF the conyicttaM
and of the sentence of the court before wlliGh
such conviction took place, duly authenticated.
shall be produced. together with the evidences
that the prisoner is the person to whom such
sentence refers.
Art g. This convention shall not apply tg
any of the crimes therein named and specified
which shall have been committed, or to any enu-
victions which shall have been procured psscT
to the date when the convention shall coma iuto
force.
'.Art 4. No fugitive criminal shall be surreu-
dered under the provisions of said treaty or ck
this convention if the crime in respect of which
his surrender is demanded be one OF poltieKE
or if he prove to the competent an
thority that the said requisition for his surEsn-
der has in fact been made with the view to try
or punish him for crime of a political charaEs
ter
"Art. g. A fugitive criminal surrendered "a
either of the high contracting parties under the
provisions of the said treaty or of this conveu-
tion shall not, until he has had an opportuaizT
OF returning to the state by which he has beeu
be detained or tried for any crim6
committed prior to his surrender other than thE
extradtion crime proved by the facts on which
his surrender was granted.
'Art 6. The extradition of fugtiyes unden
the provisions of the said treaty and of the pres
ent convention shall be carried out in the United
States and in her Majesty's dominions, respect
lively, subject to and in conformity with the laws
regulating extradition for the time being in
force in the surrendering state.
art. z. This convention shall be ratified add
the ratifcations Exchanged at London as socu ax
possible 1t shap come into force ten days after
it's publication, in conformity with the forms
prescribed by the laws of the high contracting
parties, and shall continue in force until one ar
the other of the high contracting parties shall
signify it's wish to terminate it, and no longer
''In witness whereof the undersigned hara
signed the same, and have affixed thereunto taGe
SEALS
Done at London the 25th day Of June. lSS6
EDWARD JOHN PHELRs.
'sRosEBERY.o