officer or person having charge or custody of the aforesaid. [name or names of the offender or offenders], to surrender and deliver ["him" or "them"] up to such person or persons as may be duly authorized by the Government of [name of foreign power] to receive the said [name or names of offender or offenders] to be tried for the crime of which ["he is" or "they are"] so accused.

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

day

Done at the City of Washington, this [SEAL.] of, A. D. 18—, and of the Independence of the United States the

Secretary of State.

The President's warrant, authorizing an officer of the United States to take a fugitive into custody and bring him back to the United States for trial, is issued in the following form:

[President's name],

President of the United States of America.

To [officer to take the offender into custody].

Whereas, it appears by information in due form by me received, that [name or names of offender or offenders],

charged with the crime of [nature of crime], fugitive from the justice of the United States, [whence fled].

And whereas, application has been made to the [what foreign authorities] for the extradition of said fugitive, in compliance with existing treaty stipulations between the United States of America and [name of foreign power].

And whereas, it is understood that, in compliance with such application, the necessary warrant is ready to be issued by the authorities aforesaid for the delivery of the abovenamed fugitive into the custody of such person or persons as may be duly authorized to receive the said fugitive and bring ["him" or "them"] back to the United States for trial.

Now, therefore, you are hereby authorized and empowered, in virtue of the stipulations aforesaid, and in execution thereof, to receive the said [name or names of offender or offenders] as aforesaid, and to take and hold [“him” or "them"] in your custody, and conduct ["him" or "them"] from such place of delivery [to what country the flight has been made], by the most direct and convenient means of transportation, to and into the United States, there to surrender the said [name or names of offender or offenders] to the proper authorities of the [name of the State making the request].

For all of which these Presents shall be your sufficient

warrant.

In testimony whereof, I have hereunto signed my name and caused the seal of the United States to be affixed. Done at the city of Washington this — day of A. D. 18, and of the Independence of the United States the one hundred and

[SEAL.]

By the President:

Secretary of State.

Prior to that Before leaving

The forms quoted above have been printed for the past eight years only. the warrants were written out. the Department the extradition warrants are recorded in three books, entitled, variously, "Warrants of Arrest," "Warrants of Surrender," and "President's Warrants." These date back only to 1862, the warrants before that time being recorded in the volumes of pardons issued by the Department. The recording and issuing of the warrants is a duty of the Bureau of Commissions and Pardons.

The instructions on the subject of extradition

are embodied in the following circulars, which are of most recent date, and have superseded the previous circulars issued on this subject:

MEMORANDUM Relative tO THE EXTRADITION OF FUGITIVES FROM THE UNITED STATES IN BRITISH JURISDIC

TION.

DEPARTMENT OF STATE,

Washington, May, 1890. for a requisition for the sur

Where application is made render of a fugitive from the justice of the United States in British jurisdiction, it must be made to appear—

I. That one of the offenses enumerated in the treaties between the United States and Great Britain has been committed within the jurisdiction of the United States, or of some one of the States or Territories.

2. That the person charged with the offense has sought an asylum or been found within the British dominions.

All applications for requisitions should be addressed to the Secretary of State, and forwarded to the Department of State, accompanied with the necessary papers, as herein stated, and must furnish the full name of the person proposed for designation by the President to receive the prisoner and convey him to the United States. When the offense is within the jurisdiction of the State courts, the application must come from the Governor of the State.

When the offense is against the United States, the application must come from the Attorney-General or the proper executive department.

It is stipulated in the treaties with Great Britain that extradition shall only be granted on such evidence of criminality as, according to the laws of the place where the fugitive or person charged shall be found, would justify his apprehension and commitment for trial if the crime or offense had there been committed.

It is admissible, as constituting such evidence, to produce a properly certified copy of an indictment found against the fugitive by a grand jury, or of any information made before an examining magistrate, accompanied by one or more depositions setting forth as fully as possible the circumstances of the crime. An indictment alone has been held to be insufficient.

By the fourteenth section of the English extradition act of 1870, "depositions or statements on oath, taken in a foreign state, and copies of such original depositions or statements, and foreign certificates of, or judicial documents stating the fact of conviction, may, if duly authenticated, be received in evidence of proceedings under this act."

The fifteenth section of the same act provides as follows: "Foreign warrants and depositions or statements on oath, and copies thereof, and certificates of, or judicial