Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1907, (In two parts), Part I

File No. 3294/14–15.

Chargé Vignaud to the Secretary of State.

American Embassy,
Paris, January 31, 1907.

No. 234.]

Sir: In reply to the department’s No. 245, of the 12th instant (file 3294/2–3), directing this embassy to continue its efforts in behalf of Mr. Jacobs, whose case is fully reported in Mr. McCormick’s No. 227, of January 22, I beg to state that on the 23d instant another communication was addressed to the foreign office, renewing the request that this embassy be enabled to express its views with regard to the extradition of this American citizen by the Argentine Government. A copy of this communication is herewith inclosed.

As yet no reply has been made to it, but I have ascertained, informally, that the foreign office hesitates to comply with our request in order not to create a precedent. To the remark that this was done before, it is said that such course was only taken when the treaty between France and the country applying for an extradition contemplates this proceeding. Such was the case when, in 1855, the city of Hamburg applied through the German embassy for the extradition of two Americans who were at the time in prison at Paris, but it seems that nothing of the kind exists in the arrangement made with the Argentine Republic.

Mr. Skinner writes under date of the 26th instant that prisoner was examined by the substitute for the procureur (district attorney) and that this official has reported to the minister of justice adversely to the demand for extradition made by the Argentine Government.

This is the last we heard of the case, but a reply to the note of the 23d may come to hand at any moment.

I have, etc.,

Henry Vignaud.

[Inclosure.]

Ambassador McCormick to the Minister for Foreign Affairs.

American Embassy,
Paris, January 23, 1907.

Sir: Two days ago I asked your excellency if, contrary to the obliging and courteous forms to which the Government of the Republic had accustomed us, it was proposed to grant, without consulting my Government, the extradition of F. L. Jacobs, this American citizen arrested and detained for so long a time at Marseilles. On account of a pressing telegram received this morning from the Secreary of State with regard to this matter I am obliged to again recur to it.

If, as stated in the last communication of your excellency, the Government of the Republic believes itself bound to the Argentine Government by a promise of reciprocity which is as binding as a treaty, I venture to say it certainly did not engage itself so far as to be compelled to depart from the customary usages under such circumstances, to the extent of doing more for that Government than for the United States which has assuredly as much right as the Argentine Republic to expect from the French Republic marks of courtesy.

As the usual rules have already been departed from in detaining the prisoner for an abnormal length of time, I believe myself justified in expecting from your excellency’s Government that it will do the United States the pleasure of not overlooking again these rules in not furnishing me the opportunity of expressing the views of my Government on the extradition of this American citizen.

In the hope that these considerations will have your excellency’s kind attention, I beg, etc.,

Robert S. McCormick.