As a general rule, one nation does not undertake to punish offences not committed within its territories, though the offender may he found there. Many publicists, however, have expressed the view that nations owe to each other the obligation to surrender offenders who might have fled to them for an asylum; but this obligation, if it exists, must be regarded as imperfect, and as requiring stipulations to determine the occasions in which it may arise, and the manner of its exercise. Accordingly, though the extradition of offenders has been practised by some countries on grounds of comity only, it is now customary to make the obligation one of compact, in which the respective parties stipulate to what offences it shall apply, and what exceptions, if any, shall be made. There are two methods of making such compacts: one by legislation, where a country provides by its own laws that persons accused of offences abroad shall be subject to extradition on condition of reciprocity; the other by convention or treaty. The latter is the method usually adopted.

In making such treaties it is customary to provide that they shall not apply to offences previously committed, or to those of a political character; though independent of any such express stipulation such cases, we think, must be considered impliedly excepted. It is sometimes provided, also, that the contracting nations shall not be bound to surrender their own subjects, though this exception would not be likely to be insisted upon unless under very peculiar circumstances. The United States has taken the lead in diplomatic negotiations on this subject, and we now have treaties for the mutual rendition of persons accused of offences as follows: With Great Britain (including all its possessions): murder; assault with intent to commit murder; piracy; arson; robbery; forgery or the utterance of forged paper. (Treaty of Aug. 9, 1842. This was an enlargement of Jay's treaty of 1794, which provided for the mutual rendition of persons accused of murder and forgery.)With the Hawaiian Islands: the same offences specified in the treaty of 1842 with Great Britain. (Treaty of Dec. 29, 1849.) With France: murder, comprehending the crimes designated in the French penal code by the terms assassination, parricide, infanticide, and poisoning; attempt to commit murder; rape; forgery; arson; embezzlement by public officers, when the same is punishable with infamous punishment; but this not to apply to offences previously committed, nor to those of a purely political character. (Treaty of Nov. 9, 1843.) To the above have been added robbery and burglary (treaty of Feb. 25, 1845); forging or knowingly passing or putting in circulation counterfeit coin or bank notes or other paper current as money with intent to defraud; embezzlement when subject to infamous punishment; and the case of accessories and accomplices, as well as principals, is included (treaty of Feb. 10, 1858). With Prussia and the other states of the late North German Confederation: murder; assault with intent to murder; piracy; arson; robbery; forgery or the utterance of forged papers; the fabrication or circulation of counterfeit money, or the embezzlement of public moneys. (Treaty with Prussia of June 1G, 1852, extended to all the states of the North German Confederation, Fob. 22, 1868. Similar treaties were made with Bavaria, Sept. 12, 1853; with Hanover, Jan. 18, 1855; and with Baden, Jan. 30, 1857.) With the Swiss Confederation: murder, including assassination, parricide, infanticide, and poisoning; attempt to commit murder; rape; forgery or the emission of forged papers; arson; robbery with violence, intimidation, or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried, to the detriment of their employers, where these crimes are subject to infamous punishment.

This not to apply to offences previously committed, or to those of a political character. (Treaty of Nov. 25, 1850.) With Venezuela: the offences specified in the treaty with the Swiss Confederation, with the addition of the counterfeiting of money, and with the like exception. (Treaty of Sept. 25, 1861.) With the Dominican Republic: the offences specified in the treaty with Venezuela. (Treaty of Feb. 8, 1867.) With Sweden and Norway: murder, including assassination, parricide, infanticide, and poisoning; attempt to commit murder; rape; piracy, including mutiny on board a ship whenever the crew or part thereof, by fraud or violence against the commander, have taken possession of the vessel; arson; robbery; burglary; forgery, and the fabrication or circulation of counterfeit money, whether coin or paper money; embezzlement by public officers, including appropriation of public funds. This not to apply to offences of a political character, or to any person who by its laws is a citizen or subject of the country on which the demand is made; and where the person demanded is charged with a new offence in the country in which he has sought an asylum, he is not to be delivered up until tried and acquitted or punished. (Treaty of March 21, 1860.) With Italy: murder, including parricide, assassination, poisoning, and infanticide; attempt to commit murder; rape; arson; piracy, and mutiny on board a ship, whenever the crew or a part thereof, by fraud or violence against the commander, have taken possession of the vessel; burglary; robbery; forgery and counterfeiting, and the uttering of forged or counterfeit papers, coin, or paper money; embezzlement of public moneys by public officers or depositaries, and embezzlement by persons hired or salaried to the detriment of their employers when subject to infamous punishment according to the laws of the United States, and to criminal punishment according to the laws of Italy. (Treaties of March 23, 1868, and Jan. 21, 1869.) With I Nicaragua: the same offences specified in the treaties with Italy. (Treaty of June 25, 1870.) With Austria: murder, assault with intent to murder; piracy; arson; robbery; forgery; fabrication or circulation of counterfeit money, whether coin or paper money; embezzlement of the public moneys.