4. It should be observed that a mere demand for an alleged offender is not sufficient. Proof enough to convince the judge before whom the case is brought must accompany the demand. He must be satisfied that the party demanded has committed the alleged offense; when this is done the judge reports his finding to the Secretary of State, whose duty then is, under his hand and seal of office, to issue the final writ of extradition; after which the criminal may be taken out of the United States (by force, if necessary), and back to the country where he committed the crime, there to be dealt with according to the laws which he violated.
5. In some of our extradition treaties it is expressly stipulated that neither party (government) shall be bound to surrender its own citizens, or any person for merely a political offense. In others it is agreed that the provisions in the treaty shall not apply to cases where the crime was perpetrated before the treaty was made. This plea, we think, would be held to be a good defense in all cases, whether so stipulated in the treaty or not.
6. The treaties between different nations for the surrender of criminals are so analogous to one of the provisions contained in our Constitution, that to insert it here will give the reader a clear comprehension of its meaning. It is found in the second section of article 4, and reads thus:
“A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.”
CHAPTER VII.
BUSINESS REPRESENTATIVES.
1. These officers, called Consuls, are employed by most civilized nations, all those at least who have an extensive intercourse with foreign countries, and they are recognized by the Law of Nations as being clothed, when acting in their official capacity, with the authority and inviolability of their respective governments. Their place of official business is protected by the flag of their country, an insult to which renders reparation or war necessary to maintain its honor. Consuls are agents of their governments, but most of their duties have reference to the interests of private citizens who may be within their Consulate. There may be a great number of them in one country, and they are usually located in the seaports.
2. The Constitution provides that the President and Senate shall appoint all our Consuls. The President signs their commissions, which bear the great seal of the United States, and which prove to the government where they are sent that they are duly appointed and authorized to discharge the duties of Consuls at the ports or places to which they have been appointed.
3. In order to show the nature of a Consul’s duties, such as the laws impose upon him, we will state the substance of several acts relating to this subject.
1. Whenever a vessel belonging to a citizen of the United States arrives at the port where he is stationed, it is his duty to receive the ship’s papers, and to see if they are all correct.