No. 390.
Mr. Cadwalader to Mr. Bingham.

No. 170.]

Sir: Your 245 has been received. It treats of the question whether a British subject guilty of embezzlement in Japan, and who has fled to this country, can be returned to Japan for trial under the extradition treaty between Great Britain and the United States, and you inclose a correspondence with Mr. Van Buren, consul-general at Yokohama, on the question.

Your reply to Mr. Van Buren, that the party so charged is not by said treaty liable to be arrested in the United States for the crime charged against him, and, therefore, would not be surrendered, under the existing treaties, as a fugitive from justice, to be returned to Japan to answer before a British tribunal, is fully in accord with the view of the Department, and is approved.

The tenth article of the treaty with Great Britain, of August 9, 1842, provides for delivery, on mutual requisition, of persons charged with certain specific offenses, (among which embezzlement is not included,) when committed within the jurisdiction of either, and who shall seek an asylum or shall be found within the territories of the other.

An offense committed in Japan by a British subject is not committed within the jurisdiction of Great Britain, within the meaning of the treaty.

I am, &c.,

Acting Secretary.