No. 445.
Mr. Evarts to Mr. Lowell.
Washington , March 5, 1879.
Sir: With reference to your dispatch No. 148, of the 11th ultimo, reporting the request made by you of the Spanish Government, at the instance of General Starring, for permission to have Charles W. Angell transported in custody across the territory of Spain, and the compliance of the Spanish Government therewith, I have to instruct you to convey to the Spanish minister for foreign affairs the sincere satisfaction with which this government has learned of that act of courtesy.
The question of the right of transit of an extradited criminal in custody across the territory of a foreign state, is now attracting to some extent the notice of this Department. It is presumed that, where the offender is regularly extradited in pursuance of a treaty, and the demanding state has a treaty of extradition with the state across whose territory transit is sought, it will be sufficient that the crime for which extradition is granted shall also be among those in the treaty with the country of transit, and that the warrant of surrender be exhibited.
If the procedure in this respect should be different in Spain, I will thank you to advise me.
I notice that in your note of December 26 to Mr. Silvela, you say that “the Secretary of State has deputed General F. A. Starring,” &c. In point of fact, General Starring was deputed by the governor of the State of Illinois as his agent to bring home the prisoner, and in my instruction to Mr. Moran I merely accredited that appointment.
I am, &c.,