Art. VII. When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and on the other by His Majesty, the Emperor of all the Russias, the ratifications shall be exchanged at Washington within —— from the date hereof, or sooner, if possible. In faith whereof the respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms.
EXTRADITION TREATIES.
1. Treaties have been made from time immemorial between rulers and nations for the purpose of promoting the interests of one or both parties in their commercial relations, or to secure allies in war; but the kind of treaties mentioned at the head of this section are of modern origin; and shows strongly the progress of nations toward a substantial unity of interests and of discipline.
2. The security of society demands that when men commit a crime in one place they shall not be able to find a safe asylum to which they may fly whenever the retributions of the law, which watches over the welfare of the citizen, threaten to overtake them. The readiness with which criminals can pass from one country to another since steam has made travel so speedy and pursuit for any long distance so difficult, increases the evil. When criminals fly to another country they cannot be punished there, since their courts have no jurisdiction over a criminal from another nation, unless the act was committed in the country where they were established; nor are governments usually willing to deliver an individual on accusation only, unless there is an express stipulation, or treaty to this effect, between them. To overcome the difficulty a treaty was made in 1842 between this country and England, in which it was mutually agreed that each country, on the demand of the government of the other, should give up criminals of certain kinds named in the treaty, when these after the crime had fled into their jurisdiction. It worked well, since it multiplied the chances of punishment, and tended to check crime.
3. Subsequently, treaties of the same kind were made between the United States and the following countries:
| France | in | 1843 |
| Prussia, and 17 other German States | ” | 1852 |
| Switzerland | ” | 1855 |
| Baden | ” | 1857 |
| Sweden | ” | 1860 |
| Venezuela, South America | ” | 1861 |
The time is probably not distant when treaties of this sort will be made between us and all the civilized nations of the world; for the intercourse between us and foreign nations is greater than ever before.
The effect of these international arrangements is to render the perpetration of crime more dangerous than it would be if they did not exist. Flight from the country where the crime was committed was formerly one of the most effectual methods of escaping the penalty. But extradition treaties, Atlantic cables, and land telegraphs, have nearly spoiled this game.
3. An extradition treaty, then, is a mutual agreement between two nations to deliver up, each to the other, upon demand and proper proof of criminality, such persons as have committed crimes in one country and then fled to the other, that they may be taken back, tried, and punished where the offense was committed. But these demands for escaped criminals can not be sustained if made for every crime whatever. They will only be complied with when the crime is one which is named in the treaty itself. These crimes, upon examination of a number of such treaties, we find to be: 1. Murder, or an assault with an intent to commit murder. 2. Piracy. 3. Arson. 4. Robbery. 5. Forgery, or the uttering of forged papers, or the making or circulating counterfeit money, either paper or coin. 6. Rape. 7. Embezzlement, and 8. Burglary.