procity in such cases, and as the United States is unable to make such a promise, the appeal must always be attended with much embarrassment, and for that reason has seldom been made.

The first treaty of this country providing for mutual surrender of criminals was that of 1794 with Great Britain. Murder and forgery were the only crimes included in it, and it expired in twelve years. But, since the conclusion of a new treaty with Great Britain in 1842, treaties have been entered into with many powers, and the practice of extradition has become general.

The forms of extradition warrants now in use are three: the mandate, called often—although incorrectly—the "warrant of arrest;” the warrant of surrender; and the President's warrant, authorizing agents to go abroad and bring back surrendered criminals.

The first mandate was issued in 1853, upon application of the British Minister, and was signed by President Franklin Pierce. Prior to

that time the persons authorized to apply for the extradition of a criminal went, in the first instance, to the courts. But, owing to doubts suggested by one of our judges as to the regularity of this procedure, a practice grew up of applying to the Secretary of State for a mandate to authorize the institution of judicial proceedings. Although this course was afterwards prescribed by some of our treaties, it is not prescribed in others, and has been held by the Supreme Court to be unnecessary in the latter instance. It is now no longer issued by the Department of State, unless required by treaty. Up to 1860 the mandate was signed by the President, but since then it has been signed by the Secretary of State. The form now used is as follows:

DEPARTMENT OF STATE.

To any Justice of the Supreme Court of the United States; any Judge of the Circuit or District Courts of the United States in any District; any Judge of a Court of Record of General Jurisdiction in any State or Territory of the United

States, or to any Commissioner specially appointed to execute the provisions of Title LXVI of the Revised Statutes of the United States, for giving effect to certain treaty stipulations between this and foreign Governments, for the apprehension and delivering up of certain offenders.

Whereas, pursuant to existing treaty stipulations between the United States of America [name of the foreign power to which the criminal is to be surrendered] for the mutual delivery of criminals, fugitives from justice in certain cases, [name of the foreign representative making the demand] has made application in due form, to the proper authorities thereof, for the arrest of [name or names of the offender or offenders], charged with the crime of [nature of the crime], and alleged to be [statement of the country from whence the flight was made] and who ["is" or "are"] believed to be within the jurisdiction of the United States.

And whereas, it appears proper that the said [name or names of the offender or offenders] should be apprehended, and the case examined in the mode provided by the laws of the United States aforesaid.

Now, therefore, to the end that the above-named officers, or any of them, may cause the necessary proceedings to be had, in pursuance of said laws, in order that the evidence of the criminality of the said [name or names of the offender or offenders] may be heard and considered, and, if deemed sufficient to sustain the charge, that the same may be certi

fied, together with a copy of all the proceedings, to the Secretary of State, that a warrant may issue for ["his" or "their"] surrender, pursuant to said treaty stipulations. I certify the facts above recited.

In testimony whereof, I have hereunto signed my name and caused the seal of the Department of State to be affixed.

Done at the City of Washington, this

[SEAL.] of

day

A. D. 18—, and of the Independence of the United States the

Secretary of State.

The warrant of surrender has suffered only such alterations as have been made necessary by changes in the law. Like the mandate, it was signed by the President until 1860, since which time it has been signed by the Secretary of State, by whom the law provides that it shall be issued. The form is as follows:

DEPARTMENT OF STATE.

To all to whom these Presents shall come, Greeting: Whereas, [name of foreign representative making the demand], accredited to this Government, has made requi

sition in conformity with the provisions of existing treaty stipulations between the United States of America and [name of foreign power] for the mutual delivery of criminals, fugitives from justice in certain cases, for the delivery up of [name or names of offender or offenders], charged with the crime of [nature of crime], committed within the jurisdiction of [name of foreign country where crime was committed].

And whereas, the said [name or names of offender or offenders] [“has" or "have"] been found within the jurisdiction of the United States, and ["has" or "have"], by proper authority and due form of law, been brought before [name of Commissioner or Judge of the United States before whom the examination has been held] for examination upon said charge of [nature of crime].

And whereas, the said ["Commissioner" or "Judge "] has found and adjudged that the evidence produced against the said [name or names of offender or offenders] is sufficient in law to justify ["his" or "their"] commitment upon the said charge, and has, therefore, ordered that the said [name or names of offender or offenders] be committed pursuant to the provisions of said treaty stipulations.

Now, therefore, pursuant to the provisions of Section 5272 of the Revised Statutes of the United States, These Presents are to require the United States Marshal for the [statement of the district or State], or any other public,