Papers Of Abraham Lincoln

1 Whereas, doubts exist whether, in some

2 cases, treaty stipulations providing for the

3 surrender to foreign governments of fugi=

4 tives from justice can be carried into ef=

5 fect without legislative provision;

6 Therefore—

7 Be it enacted by the Senate

8 and House of Representatives of the

9 United States of America in Congress

10 assembled, ^[^That on requisition made

in writing by any foreign government,

or the ministers, officers, or authorities of

such government, having a treaty with

the United States stipulating for the

apprehension and delivering up of cer=

tain persons (fugitives from justice) who may

be found within its territories, charged

with crimes committed within the territories

of the requiring party, it shall be the duty

of the Justices of the Supreme Court and

Judges of the District Courts of the United

States and they are hereby vested with pow=

er, jurisdiction, and authority, upon com=

plaint made, to carry into effect the

the stipulations of said treaty according to

its terms, true intent and meaning upon

compliance by the requiring party with the

requisites and modes of proceeding pointed

out in said treaty; and in case the

said treaty shall not distinctly point

<Page 2>

out and pre-scribe such prior requisites and

modes of proceeding, then such surrender

and delivery shall be upon such evidence

or criminality as, according to the laws

of the place where the fugitive, or person

so charged, shall be found, would justify

his apprehension and commitment for

trial, of the crime or offence have been

there committed; and the said Justices

or Judges shall have power, jurisdic-

tion, and authority, upon complaint made

under oath, or affirmation, to issue a

warrant for the apprehension of the fu=

gitive, or person so charged, that he may

be brought before such Justices or Judges,

to the end that the evidence of criminality

may be heard and considered; and if,

on such hearing, the evidence be deemed

sufficient to sustain the charge, it shall

be the duty of the examining Justices or

Judges, to certify the same to the proper

executive authority, that a warrant may

issue for the surrender of such fugitive.

And the expense of such apprehension

and delivery, shall be borne and defrayed

by the party who makes the requisition

and receives the fugitive; Provided, neverthe=

less, that no person shall be detained in

custody, under such arrest (unless specially

provided for by said Treaty) for more than two

<Page 3>

months thereafter, unless such detention

shall grow out of, or be occasioned by,

the acts or conduct of the party arrested,

or by the delay of the Justices of Judges

before whom the case may be depending

to deliver judgment thereupon.^]^

[ certification ]
06/28/1848
Passed the Senate
July 28. 1848
Attest
Asbury Dickins—
Secretary

<Page 4>

[ docketing ]
Sen. in [?] & agree to confer
Com
Butler
Davis of Mass
Breese

[ docketing ]
Judiciary

[ docketing ]
S_136
An act for giving effect to certain treaty stipulations between this and foreign governments for the apprehension and delivering up of certain offenders

[ certification ]
04/14/1848
In the House of Representatives, U. S.
August 8 1848
Resolved That this bill do pass with an amendment
Attest
Tho. J Campbell
Clerk

[ docketing ]
HR. judiciary

[ docketing ]
disagreed

[ docketing ]
Butler reported: Senate agree: [?][?][?]

[ docketing ]
No Papers

[ docketing ]
Ex^d Aug. 12

<Page 5>

ThirtiethCongress.
First.Session.
Congress of the United States.
In the House of Representatives.

Resolved That the Bill from Senate (No. 136) entitled “An Actfor giving effect to certain treaty stipulations between this and foreign governments for the apprehension and delivering up of certain offenders. do pass with the following

Amendment

Strike out all after the enacting clause. and insert

That in all cases in which 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 & may &c.^ it shall, and may be lawful for 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 offender shall be found^]^ upon complaint made under oath or affirmation charging any person found within the limits of any State, District, or Territory 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 ^[a^ his ^]^ warrant for the apprehension of the person so charged, that he may be brought before such judge, ^[ or^ 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

<Page 6>
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, ^[or^ justice, mayor, alderman magistrate,^]^ commissioner, ^[^ or other person having power to commit^]^ as aforesaid^)^ to issue his warrant for the commitment of the person so charged to the proper goal, there to remain until such surrender shall be made.

Sec. 2. And be it further enacted. That in every case of complaint as aforesaid and 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 authorized, 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 territories of such foreign government pursuant

<Page 7>
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 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 goal to which he or she may have been committed by the readiest way out of the United States, it shall, in every 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 reasonable 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.

Sec. 6. And be it further enacted. That it shall be lawful for the courts of the United States, or any of them

<Page 8>
to authorize any person or persons to act as a commissioner or commissioners, under the provisions of this act, and the doings of such person or persons so authorized, in pursuance of any of the provisions aforesaid, shall be good and available to all intents and purposes whatever.

Attest.
Tho. J Campbell
Clerk.

In the Senate of the United States
August 9, 1848.
Resolved, That the Senate disagree to the foregoing amendment of the House of Representatives to the said Bill, S. 136.

Attest
Asbury Dickins—
Secretary.

In the House of Representatives
August 11^th 1848.
Resolved. That this House insist on their amendment to the foregoing bill (Senate N^o 136) and ask a committee of conference on the disagreeing votes of the two Houses thereon:

Ordered That Mr. J. R. Ingersoll, Mr. Lumpkin & Mr. Taylor be the managers of said committee on the part of the House

Attest
Tho. J Campbell
Clerk.

<Page 9>

[ enclosure ]
In Senate of the United States
August 11. 1848
Resolved, That the Senate insist upon their disagreement to the amendment of the House of Representatives to the said Bill (S. 136.) and agree to the Conference asked by the House on the disagreeing votes of the two Houses on said amendment.

Ordered, That Mr. Butler, Mr. Davis, of Massachusetts, and Mr. Breese be the managers of the said conference on the part of the Senate.

Attest
Asbury Dickins
Secretary.

1	Whereas, doubts exist whether, in some
2	cases, treaty stipulations providing for the
3	surrender to foreign governments of fugi=
4	tives from justice can be carried into ef=
5	fect without legislative provision;
6	Therefore—
7	Be it enacted by the Senate
8	and House of Representatives of the
9	United States of America in Congress
10	assembled, ^[^That on requisition made
	in writing by any foreign government,
	or the ministers, officers, or authorities of
	such government, having a treaty with
	the United States stipulating for the
	apprehension and delivering up of cer=
	tain persons (fugitives from justice) who may
	be found within its territories, charged
	with crimes committed within the territories
	of the requiring party, it shall be the duty
	of the Justices of the Supreme Court and
	Judges of the District Courts of the United
	States and they are hereby vested with pow=
	er, jurisdiction, and authority, upon com=
	plaint made, to carry into effect the
	the stipulations of said treaty according to
	its terms, true intent and meaning upon
	compliance by the requiring party with the
	requisites and modes of proceeding pointed
	out in said treaty; and in case the
	said treaty shall not distinctly point

	out and pre-scribe such prior requisites and
	modes of proceeding, then such surrender
	and delivery shall be upon such evidence
	or criminality as, according to the laws
	of the place where the fugitive, or person
	so charged, shall be found, would justify
	his apprehension and commitment for
	trial, of the crime or offence have been
	there committed; and the said Justices
	or Judges shall have power, jurisdic-
	tion, and authority, upon complaint made
	under oath, or affirmation, to issue a
	warrant for the apprehension of the fu=
	gitive, or person so charged, that he may
	be brought before such Justices or Judges,
	to the end that the evidence of criminality
	may be heard and considered; and if,
	on such hearing, the evidence be deemed
	sufficient to sustain the charge, it shall
	be the duty of the examining Justices or
	Judges, to certify the same to the proper
	executive authority, that a warrant may
	issue for the surrender of such fugitive.
	And the expense of such apprehension
	and delivery, shall be borne and defrayed
	by the party who makes the requisition
	and receives the fugitive; Provided, neverthe=
	less, that no person shall be detained in
	custody, under such arrest (unless specially
	provided for by said Treaty) for more than two

	months thereafter, unless such detention
	shall grow out of, or be occasioned by,
	the acts or conduct of the party arrested,
	or by the delay of the Justices of Judges
	before whom the case may be depending
	to deliver judgment thereupon.^]^