Select Statutes and Other Documents: Illustrative of the History of the United States, 1861-1898

By William MacDonald | Go to book overview

No. 77. Extradition Act
March 3, 1869

A BILL "to provide for giving effect to treaty stipulations between this and foreign governments for the extradition of criminals" was introduced in the Senate, December 17, 1868, by Trumbull of Illinois. The bill was called up January 11, 1869, but went over until February 5, when it was read and passed. The bill passed the House March 2. There was no debate in either house.

REFERENCES. -- Text in U.S. Statutes at Large, XV, 337, 338. The proceedings are unimportant. On the general subject see Wharton, International Law Digest, II, chap. 7.

An Act further to provide for giving Effect to Treaty Stipulations between this and foreign Governments for the Extradition of Criminals.

Be it enacted . . ., That whenever any person shall have been delivered by any foreign government to an agent or agents of the United States for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crime[s] or offences specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offences, and for a reasonable time thereafter. And it shall be lawful for the President, or such person as he may empower for that purpose, to employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused as aforesaid.

SEC. 2. And be it further enacted, That any person duly appointed as agent to receive in behalf of the United States the delivery by a foreign government of any person accused of crime committed within the jurisdiction of the United States and to convey him to the place of his trial, shall be, and hereby is, vested with all the powers of a marshal of the United

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