File No. 3294/8–13.
Ambassador McCormick to the Secretary of
State.
American Embassy,
Paris, January 22,
1907.
No. 227.]
Sir: With reference to the case of Jacobs,
which was reported in my No. 204, of December 24, 1906, I now send
copies of the following dispatches and cables exchanged with the French
foreign office and the Department of State regarding the matter:
- 1.
- Dispatch of M. Pichon of December 28, 1906, with a translation
of the same.
- 2.
- Reply to this communication, January 2, 1907.
- 3.
- Dispatch of M. Pichon of January 18, in reply to the above
note, with a translation of the same.
- 4.
- Reply to this second dispatch, dated January 21.
- 5.
- Cable to the department of the 21st instant.a
I have, etc.,
[Inclosure
1.—Translation.]
The Minister for Foreign
Affairs to Ambassador McCormick.
Foreign Office,
Paris, December 28,
1906.
Mr. Ambassador: On the 24th of this month
Mr. Vignaud was good enough to make an appeal to my department with
the view of obtaining the immediate release of one Jacobs, alias
Lodge, whose extradition has been asked for by the Argentine
Government from the French Government.
In support of this demand, your embassy pointed out that the
Government of the Republic is not bound by any extradition’
convention with the Argentine Republic; that the accused claims
American nationality; and, lastly, that his preventive detention
could no longer be maintained as no judicial document had so far
been submitted to attain the end in view.
I have the honor to inform your excellency that international
legislation concerning extradition is regulated in France by
conventional texts which deal in total with such, or such category
of infringements, and by exchanged declarations of reciprocity with
reference to a special case, and which carry, nevertheless, not less
strict obligations than treaties. Now, it is precisely on the ground
of reciprocity that the Argentine authorities have asked us, in view
of his extradition, the arrest of the said Jacobs.
As to the duration of the preventive detention incurred by him, it is
customary between civilized States, and in matters of extradition,
that the arrest of the accused be proceeded with on telegraphic
advice, as he could escape the action of justice by flight, were it
necessary, to apprehend him, to await the effective production of
the warrant for the arrest, delayed in this instance by a
twenty-days’ sea journey from Buenos Ayres.
Here, then, are circumstances where a general interest of security
and social assistance can permit of an accidental giving way to the
prerogatives of individual liberty.
We can not, however, remain much longer without being provided with
the necessary documents, which, according to a quite recent
communication from the Argentine legation, were dispatched on the
20th of December last.
While not losing sight of the interest you attach to the settlement
of this affair, I should add, much to our great regret, that it is
impossible for us to oppose to the Argentine Republic the presumed
nationality of the accused.
Accept, etc.,
[Page 415]
[Inclosure 2.]
Ambassador McCormick to the Minister for
Foreign Affairs.
American Embassy,
Paris, January 2,
1907.
Sir: I have the honor to acknowledge the
receipt of your excellency’s communication of December 28, in reply
to mine of the 24th of the same month, relative to the long
preventive detention at Marseilles of an American citizen, Mr.
Jacobs, whose extradition is applied for by the Argentine
Government.
Your excellency points out that these matters are regulated in France
by conventional texts, as well as by reciprocal declarations, which
are as binding as treaties, and that it is precisely on the ground
of reciprocity that the Argentine authorities have applied, in view
of his extradition, for the arrest of Jacobs.
Your excellency adds, with reason, that it is customary in these
matters to proceed, upon telegraphic advice, to the arrest of the
fugitive, and that there are circumstances where a general interest
of security and social assistance allows of a deviation of the
prerogatives of individual liberty.
The Government of the United States, which has on several occasions,
and which is asking at this moment in the name of that same
principle of general and social assistance, for the arrest and
detention of a party accused of a crime, could not object to the
same measure being taken for another government, and the
observations which I have ventured to make with reference to Jacobs
do not bear on that point.
It is only by exception that these conditions of individual liberty
which republican states guarantee to the citizens of friendly
countries can be suspended, and it is for that reason that in each
country rules have been laid down limiting to a very narrow range
the instances in which it is permitted to derogate from these
fundamental principles.
Thus, for instance, the keeper of the seals, in his circular of March
23, 1897, reminded the “procureurs de la République” that, according
to legal procedure arranged between his chancery and both the
department of the interior and of foreign affairs relative to the
extradition of individuals prosecuted abroad, who had taken refuge
in France, “as soon as a party has been arrested in France, either
on the direct demand of a foreign government and before the
diplomatic documents have been produced or following up the regular
demand accompanied by documentary evidence, he must be immediately
taken before the procureur de la République of the district in which
his arrest has been made.”
“The magistrate,” continues the circular, “should in urgence proceed
to open an inquiry to the effect of verifying the identity of the
arrested party and to examine, if the case presents itself, his
allegations to prove his innocence.”
Now, it was on December 4 that Jacobs was arrested, and it was only
on the 18th that he was questioned by the procureur de la
République, and both before and after his examination he has been
treated as a criminal.
I shall not insist further on this consideration, but I must call the
attention of your excellency to the position in which the Government
of the Republic would be placed if, after having granted to the
Argentine Government, without being bound by any treaty and without
having consulted my Government, the extradition of an American
charged with fraudulent bankruptcy, the United States were to
request the extradition of an Argentine citizen charged with a
similar crime or of any other crime not included in our extradition
treaty.
I avail, etc.,
[Inclosure
3.—Translation.]
The Minister for Foreign
Affairs to Ambassador McCormick.
Foreign Office,
Paris, January 18,
1907.
Mr. Ambassador: On the 2d of January your
excellency kindly called my attention to the case of Jacobs, who was
arrested at Marseilles on December 4, and was only examined by the
procureur de la République on the 18th.
You also asked me what would be the position in which the Government
of the Republic would be placed if, after having granted to the
Argentine Government, [Page 416]
without being bound by any treaty and without having consulted the
American Government, the extradition of an American citizen charged
with fraudulent bankruptcy, the United States were to request the
extradition of an Argentine citizen charged with a similar crime or
of any other crime not comprised in our treaty of extradition.
I must at once inform your excellency that I have received from the
minister of the Argentine Republic at Paris the papers required by
the keeper of the seals, to whom they have just been
transmitted.
With regard to the delay in the examination, the keeper of the seals
has satisfied himself that Jacobs did not suffer on this account, as
this delay did not postpone the examination of the request for
extradition, which was not in due form on account of the absence of
the judicial papers.
On the other hand, it seems difficult to enter at the present moment
into the examination of the contingency foreseen by your excellency,
with regard to decisions which the Government of the Republic might
be led to take if a case analogous to the present one should come up
in the matter of a demand for extradition made by the Government of
the United States. Solutions to be given depend frequently on the
character of the facts or of the law, among which I will note
specially declarations of reciprocity.
Accept, etc.,
[Inclosure 4.]
Ambassador McCormick to the Minister for
Foreign Affairs.
American Embassy,
Paris, January 21,
1907.
Sir: I have the honor to acknowledge the
receipt of your excellency’s dispatch of the 18th instant with
reference to the case of Jacobs, the American citizen who was
arrested on the 4th of December last and who is still confined, this
21st of January, without any action having been taken in the
matter.
I infer from the contents of this note that the Government of the
French Republic proposes to surrender this American citizen to the
Argentine authorities without putting the American Government in
position to ascertain whether it has any objection to this
extradition.
I would be obliged to your excellency to kindly let me know whether
such is his intention.
I avail, etc.,
