This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
THE SIGNIFICATION of the word "extradition" is delivery out of, or up from, and has been adopted by various States and nations to express the return from one to the other of fugitives from justice, for punishment in the place where the crime was committed.
The constitution of the United States declares that "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 cause."
Extradition between the several States is regulated by the laws of the United States, and between foreign States by treaties. Still, a foreign State sometimes extradites without a treaty, as was done by us in the case of a Cuban slave-trader, in 1863.
The usual papers are a duly certified copy of the indictment, and an affidavit showing that the criminal was within the State when the crime was committed, and fled therefrom after the crime to the State on which the demand is to be made. If there is not time to wait for an indictment, a duly certified copy of the complaint to the magistrate and his warrant are sent.
If the papers satisfy the governor, he issues a requisition on the other governor for the fugitive. A requisition is a request to have the criminal arrested and delivered to the person named in the requisition. With the requisition are sent copies of the indictment, or complaint, and the warrant.
If the governor is satisfied with the papers, he issues a warrant to an officer of his State to arrest the criminal and deliver him to the person named in the requisition. If the governor refuses to issue the warrant, he may, in a proper case, be compelled to do so by a mandamus from the United States Circuit Court.
The proceedings in the case of foreign States are substantially similar.
Treaties with other nations also specify the forms in which the extradition laws may be mutually enforced. In some countries extradition is more difficult, and the methods more complicated than in others.
The following forms are those in substance, that regulate our inter-state system of returning criminals:
Philip Maxwell has been robbed by a well-known thief, at Hannah, Ga., and the robber has escaped to Wisconsin, beyond the jurisdiction of the State. Maxwell therefore goes before a magistrate, and makes the following affidavit:
State of Georgia, County of Harris,
Philip Maxwell, of Hannah, Harris county, and State of Georgia, being duly sworn, says:
First - That Robert Thorsen, alias "Big Bob," is a fugitive from justice from the State of Georgia, where he stands charged on oath with felony, committed in this State, viz. : With having, on the night of June 6, A. D. 1882, between the hours of eleven and twelve o clock, midnight, brutally assaulted the said Philip Maxwell, knocking him senseless with a wooden club believed to be three feet long and one and one-half inches thick; and with having then and there robbed the said Philip Maxwell, while he lay unconscious, of a silver watch and gold chain, of the value of Fifty Dollars, and of money, in greenbacks, gold and silver coins, of the value of One Hundred and Forty-three Dollars and sixty-five cents, lawful currency of the United States; which said acts are by the law of the said State of Georgia a crime.
Second - That the said charge was made on or about the seventh day of June, A. D. 1882, by the said Philip Maxwell, testifying under oath before the Hannah Police-court, in Harris county, Georgia, as to the facts above set forth, with such other details of the crime as he could remember.
Third - That the said Robert Thorsen, alias "Big Bob," has fled from the said State last aforesaid and has taken refuge in the State of Wisconsin, from the laws and justice of the State of Georgia.
And Deponent Prays that the said Robert Thorsen, alias " Big Bob," may be arrested and held in custody by the proper authorities of the State of Wisconsin until the proper authorities of the said State of Georgia shall have sufficient time to require, in manner and form as the law directs, the body of said Robert Thorsen, alias "Big Bob," from the executive and authorities of the State of Wisconsin, and until the said executive of said last above-named State shall make his warrant for the surrender of the body of said Robert Thorsen, alias " Big Bob," to the end that he may be brought to the State of Georgia and dealt with as law and justice shall require.
And this deponent further says, upon his oath, that this affidavit is made in order that the ends of public justice may be served, and not from motives of private gain or malice.
Sworn before me, this twelfth day of July, A. D. 1882, at Hannah, Harris county, Georgia.
Clerk of the Criminal Court of said County.
This affidavit, upon which the requisition of the governor of
Georgia for the return of the criminal is based, having been taken by a police or sheriff's officer to the governor of Wisconsin, the latter proceeds to issue the following warrant for the surrender of the criminal, if found within his State, to the authorities of the State of Georgia:
---------, governor of the State of Wisconsin, to the sheriffs of the county of Dane, and the sheriffs, constables and other peace-officers of the several counties in said State:
Whereas, it has been represented to me by the governor of the State of Georgia, that Robert Thorsen (also well-known as "Big Bob"), late of Hannah, in said State, has been guilty of assault and robbery upon the highway upon the person of Philip Maxwell, of the same place, which said acts are made criminal by the laws of that State; and that he has fled from justice in that State, and has taken refuge in the State of Wisconsin; and that said governor of Georgia has, in pursuance of the constitution and laws of the United States, demanded of me that I should cause the said Robert Thorsen to be arrested and delivered into the custody of---------, sheriff of the county of Harris, in said State, who is duly authorized to receive him into his custody, and to convey him back to the said State of Georgia; and whereas the said representation and demand is accompanied by an affidavit taken before the clerk of the circuit court of the county of Harris in the said State of Georgia, whereby the said Robert Thorsen is charged with the said crime, which affidavit is certified by the said governor of Georgia to be duly authenticated: You are therefore required to arrest the said Robert Thorsen wherever he may be found within this State, and to deliver him into the custody of the said---------, sheriff of said county of Harris, to be taken back to the said State from which he fled, pursuant to the said requisition. Given under my hand and the privy seal of the
State of Wisconsin, at the city of Madison, this sixteenth day of July, one thousand eight hundred and eighty-two.
Privy Seal oF State.
After the preliminary affidavit and order of surrender have been properly made out, as above designated, it is usual for some police-officer, or other authorized person, to visit the country where the fugitive has taken refuge, and, with the aid of the United States minister to that government, secure the criminal and bring him back to the State where the crime was committed, for trial. The expenses are to be borne by the party who makes the requisition for his return.