The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1886-07-23
The NEW ExTRADITIoN TREATY.
The Terms Of the Agreement with Eng
land.


WASHINGTON, July 2l.-The full text Of
the convention recently signed in London
by Minister Phelps and the earl Of Rose
berry, extending and adding to the extradi-
ton provisions Of the treaty Of lS42 is given
out, with an explanatory letter from Minis
ter Phelps. The convention extends th
provisions of article 10 Of the treaty OF 1Sa2
to four crimes not therein named, as fol-
lows: Manslaughter, burglary, embezzle.
ment or larceny involving the amount OF
$50 or 9lO, and malicious injury to
property, whereby the life Of any per-
son shall be endangered, If such in
juries constitute crime accord
ing to the laws of both countries 1t is
also provided that the provisions Of article
10 shall apply to persons convicted
of the crimes named in the treaty of lS42,
and the new convention, as we'll as to those
charged before trial with commission of
them The convention is not retroactive, no
surrender is to be demanded for political
offense, and no trial is permitted for any
other offense than the one for which extra
dition is requested until the person extra
dited has had an opportunity to return to
the state by which he was surrendered.
In his letter to the secretary of state Mr..
Phelps says it is understood between the two
governments that the convention shall not
stand in the way Of a more elaborate treaty,
one is desired, but he expresses the opinion
that new treaty will not be necessary.
The convention is now before the senate
committee on the judiciary, from which IL
will be referred to the committee on foreign
affairs. An early and favorable report to
the senate is looked for, though the conven-
ton may not be ratified at the present ses-
sion of congress.
Below will be found article 10 Of the
the treaty of 1S42, the provisions of which
are extended by the convention signed by
Minister Phelps and the earl of Rosebery:
ARTICLE x.
1t is agreed that the United States and her Britain.
mic majesty shall upon mutual requisition ny them
their minister's officers authorities respectively
made, deliver to justice II PERSONS who. being
charged with the crime Of murder. or assault with
intent to commit murder. or arson, or robbery, or
forgery. or the utterance OF forged paper mted
wit hin the Jurisdiction Of either shall seek asy'
lum or be found within the territory OF the other;
provided that this shall only be done upon such evi
dence OF crmnalty as according to the laws OF the
pace where the fugitive person SO charged shall
be found, would justify his apprehension and COM
mitment for trial. II the crime or ofense had there
been committed and the respective Judges and other
mag strates Of the two governments shall have
power Jurisdiction and authority upon complaint
made under oath, to issue warrant for the appre.
hen ion OF the fugitive person charged that he
may be brought before such Judges or other magis-
trates respectively to the end that the evidence Of
criminality may be heard and considered, and IT, on
such hearing, the evidence be deemed sufficient to
in the charge 1t shall be the duty Of the examin
ing ju ige magistrate to certify the same to the
proper executive authority, that warrant NAV ssue
for the surrender OF such fugitive The expense Of
such appre henson and delivery shall be borne ami
betrayed by the party who makes the requision and
receives the fugitive.