Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R.577.
(No. Report.)
IN THE HOUSE OF REPRESENTATIVES.
June 23, 1848.
Read twice, and left upon the Speaker’s table.
Mr. Joseph R. Ingersoll, from the Committee on the Judiciary, reported the following bill:
A BILL
For giving full effect to treaties of extradition.

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13 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That in all cases in which there now exists,
or hereafter may exist, any treaty or convention for
extradition between the government of the United States,
and any foreign government, it shall, and may be lawful
for any judge of any of the courts of the United States,
or of any State court, or any justice of the peace, mayor,
alderman, or other magistrate, or for any commissioner
so authorized by any of the courts of the United States,
or for any other person having power to commit for trial
persons accused of crimes against the laws in force in
that part of the United States in which such alleged

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38 offender shall be found, upon complaint made under
oath or affirmation before him charging any person found
within the limits of any State, with having committed
within the jurisdiction of any such foreign government
any of the crimes enumerated, or provided for by any
such treaty or convention, to issue his warrant for the
apprehension of the person so charged, that he may be
brought before such judge, justice, mayor, alderman,
magistrate, commissioner, or other person having power
to commit, as aforesaid, to the end that the evidence of
criminality may be heard and considered, and if on such
hearing, the evidence be deemed sufficient by him to
sustain the charge under the provisions of the proper
treaty or convention, it shall be his duty to certify the
same, together with a copy of all the testimony taken
before him, to the Secretary of State, that a warrant may
issue upon the requisition of the proper authorities of
such foreign government, for the surrender of such person
according to the stipulations of said treaty or convention;
and it shall be the duty of the said judge, justice, mayor,
alderman, magistrate, commissioner, or other person
having power to commit, as aforesaid, to issue his war-
rant for the commitment of the person so charged to
the proper gaol, there to remain until such surrender
shall be made.

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16 Sec. 2. And be it further enacted, That in every
case of a hearing upon the return of the warrant of
arrest, copies of the depositions upon which an original
warrant in any such foreign country may have been
granted, certified under the hand of the person or persons
issuing such warrant, and attested upon the oath of the
party producing them to be true copies of the original
depositions, may be received in evidence of the criminality
of the person so apprehended.
Sec. 3. And be it further enacted, That it shall
be lawful for the Secretary of State, under his hand and
seal of office, to order the person so committed to be
delivered to such person or persons as shall be au-
thorized, in the name, and on behalf of such foreign
government, to be tried for the crime of which such
person shall be so accused, and such person shall be
delivered up accordingly, and it shall be lawful for the
person or persons authorized, as aforesaid, to hold such
person in custody, and to take him or her to the territo-
ries of such foreign government pursuant to such treaty,
and if the person so accused shall escape out of any
custody to which he or she shall be committed, or to
which he or she shall be delivered, as aforesaid, it shall
be lawful to retake such person in the same manner as
any person accused of any crime against the laws in

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4 force in that part of the United States to which he or she
shall so escape, may be retaken on an escape.
Sec. 4. And be it further enacted, That when any
person who shall have been committed under this act, or
any such treaty, as aforesaid, to remain until delivered
up in pursuance of a requisition, as aforesaid, shall not
be delivered up pursuant thereto, and conveyed out of the
United States within two calendar months after such
commitment, over and above the time actually required
to convey the prisoner from the gaol to which he or she
may have been committed by the readiest way out of the
United States, it shall, in every such case, be lawful for
any judge of the United States, or of any State, upon
application made to him by, or on behalf of the person
so committed, and upon proof made to him that reason-
able notice of the intention to make such application has
been given to the Secretary of State, to order the person
so committed to be discharged out of custody, unless
sufficient cause shall be shown to such judge why such
discharge ought not to be ordered.
Sec. 5. And be it further enacted, That this act
shall continue in force during the existence of any treaty
of extradition with any foreign government, and no
longer.

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8 Sec. 6. And be it further enacted, That it shall be
lawful for the courts of the United States, or any of them,
to authorize any person or persons to act as a com-
missioner or commissioners, under the provisions of this
act, and the doings of such person or persons so au-
thorized, in pursuance of any of the provisions aforesaid,
shall be good and available to all intents and purposes
whatever.

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[ docketing ]
H R N^o ⁵77
For giving full effect to treaties of extradition

[ docketing ]
Jos. R. Ingersoll
to lie.

1 2 3 4 5 6 7 8 9 10 11 12 13	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That in all cases in which there now exists, or hereafter may exist, any treaty or convention for extradition between the government of the United States, and any foreign government, it shall, and may be lawful for any judge of any of the courts of the United States, or of any State court, or any justice of the peace, mayor, alderman, or other magistrate, or for any commissioner so authorized by any of the courts of the United States, or for any other person having power to commit for trial persons accused of crimes against the laws in force in that part of the United States in which such alleged
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14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38	offender shall be found, upon complaint made under oath or affirmation before him charging any person found within the limits of any State, with having committed within the jurisdiction of any such foreign government any of the crimes enumerated, or provided for by any such treaty or convention, to issue his warrant for the apprehension of the person so charged, that he may be brought before such judge, justice, mayor, alderman, magistrate, commissioner, or other person having power to commit, as aforesaid, to the end that the evidence of criminality may be heard and considered, and if on such hearing, the evidence be deemed sufficient by him to sustain the charge under the provisions of the proper treaty or convention, it shall be his duty to certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person according to the stipulations of said treaty or convention; and it shall be the duty of the said judge, justice, mayor, alderman, magistrate, commissioner, or other person having power to commit, as aforesaid, to issue his war- rant for the commitment of the person so charged to the proper gaol, there to remain until such surrender shall be made.
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1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16	Sec. 2. And be it further enacted, That in every case of a hearing upon the return of the warrant of arrest, copies of the depositions upon which an original warrant in any such foreign country may have been granted, certified under the hand of the person or persons issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended. Sec. 3. And be it further enacted, That it shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person or persons as shall be au- thorized, in the name, and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly, and it shall be lawful for the person or persons authorized, as aforesaid, to hold such person in custody, and to take him or her to the territo- ries of such foreign government pursuant to such treaty, and if the person so accused shall escape out of any custody to which he or she shall be committed, or to which he or she shall be delivered, as aforesaid, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in
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17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4	force in that part of the United States to which he or she shall so escape, may be retaken on an escape. Sec. 4. And be it further enacted, That when any person who shall have been committed under this act, or any such treaty, as aforesaid, to remain until delivered up in pursuance of a requisition, as aforesaid, shall not be delivered up pursuant thereto, and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the gaol to which he or she may have been committed by the readiest way out of the United States, it shall, in every such case, be lawful for any judge of the United States, or of any State, upon application made to him by, or on behalf of the person so committed, and upon proof made to him that reason- able notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shown to such judge why such discharge ought not to be ordered. Sec. 5. And be it further enacted, That this act shall continue in force during the existence of any treaty of extradition with any foreign government, and no longer.
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1 2 3 4 5 6 7 8	Sec. 6. And be it further enacted, That it shall be lawful for the courts of the United States, or any of them, to authorize any person or persons to act as a com- missioner or commissioners, under the provisions of this act, and the doings of such person or persons so au- thorized, in pursuance of any of the provisions aforesaid, shall be good and available to all intents and purposes whatever.