HOW FUGITIVES FROM JUSTICE ARE EXTRADITED.
Extradition is "the delivering up to justice of fugitive criminals by the authorities of one state or country to those of another." [Footnote: Lalor's Cyclopedia of Political Science.]
The duty of extradition between the states of this republic is imposed by the federal constitution, IV. 2; and the mode of procedure is prescribed by an act of congress passed in 1793. The term "other crimes" used in the constitution is generally interpreted "so as to include any offense against the laws of the state or territory making the demand." On the question whether the executive upon whom demand is made is bound to comply, the federal courts have decided that his duty in the matter is imperative; that he must deliver up the fugitive, unless the accused shall also be under prosecution for breach of the laws of the state to which he has fled.
The procedure is this: "The accused must be indicted in the state in which the crime was committed, or a charge must be brought against him before a magistrate, who, if satisfied that the charge is true, issues a warrant for the arrest of the criminal. A copy of the indictment or affidavit is forwarded to the executive of the state, and he issues to the executive of the state to which the fugitive has gone, a requisition for his surrender. If the executive upon whom the requisition is made is satisfied that the papers are regular and the proof of the crime sufficient," he issues a warrant "for the arrest and delivery of the accused to the agent of the state making the demand."
The expense of these proceedings is borne by the state making the demand.
Between nations extradition is regarded as a matter of comity, and is based upon special treaty. "In this country, power to make such a surrender is conferred upon the executive [Footnote: This of course means the president, as states cannot treat with foreign powers.] only where the United States are bound by treaty, and have a reciprocal right to claim similar surrender from the other power." In relation to the crimes for which extradition may be demanded, it may be said in general that they are specified in the treaty, and are such offenses as are recognized as crimes by both countries. Consequently no two treaties are exactly alike. Generally only things wrong in themselves, not things wrong by local prohibition, are included. Offenses merely political are not included; and "as opinions differ in different countries on what constitutes a political crime, the surrendering nation is very properly made the judge of this question."
As a corollary to the preceding, it is a well-established rule of international law, that the surrendered party can be tried only on the allegations for which extradition has been accorded. This principle is also generally recognized among the states.