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United States Department of State / Index to the executive documents of the House of Representatives for the second session of the fiftieth Congress, 1888-'90
(1888-1889)

Supplement B: Papers relating to the treaty of extradition, signed June 25, 1886, by the plenipotentiaries of the United States and Great Britain,   pp. 1730-1744 PDF (6.4 MB)


Page 1730


                        SUPPLEMENT B.
Papers relating to the treaty of extradition, signed June 25, 1886, by the
       plenipotentiaries of the United States and Great Britain.
                           LIST OF PAIPERS.
  1. Mr. Phelps to Mr. Bayard. No. 143. November 23, 1885.
  2. Mr. Phelps to Mr. Bayard. No. 307. June 26, 1886.
                                No. 1.
                      Mr. Phelps to Mr. Bayard.
No. 143.]                 LEGATION OF THE UNITED STATES,
                London, Noovember 23, 1885. (Received December 7.)
  SIR: Referring to your dispatch No. 73, of August 4, 1885, touching
the proposed extradition treaty between the United States and Great
Britain, I have the honor to say that I have recently had an interview
with Lord Salisbury for the purpose of renewing the negotiations on
the subject; and I have in the mean time been engaged in a careful
examination 6f the draught of the treaty transmitted to me from the Sec-
retary of State with the dispatch No. 73, and of the instructions that
accompanied it.
  There appear to me to be objections to some of the provisions pro-
posed in this draught, as well as to some of those that seem to have been
agreed on iný the negotiations that took place under the administrations
of former Secretaries of State; and I feel it my duty respectfully to
suggest these objections for the consideration of the Department before
taking definite ground with the British foreign office in respect to the
provisions to which they apply.
  I. Article II of the draught referred to enumerates the crimes for which
extradition is to be granted., Among them is included No. 67 "1Obtain-
ing by false pretenses money or goods of the value of $50, or £10,
and
upwards."
  I would suggest that this offense be omitted from the article.
  (1) It is not, so far as I am aware, included in any of the numerous
extradition treaties existing between the United States and other
nations. I can perceive no special reason for its insertion in a treaty
with Great Britain.
  (2) It is a crime that is very difficult of the exact definition that
ought to apply to all extradition crimes. It receives different definitions
in different jurisdictions, and is likely to give rise to vexatious and
doubtful questions on the point whether the facts relied on are really
criminal or only fraudulent.
  It is created by statutes that vary widely ifi different Siates. The
British extradition act of 33 and 34 Victoria, which applies to all exist-
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