File No. 3294/17.
The Secretary of State to Ambassador McCormick.
Washington, February 27, 1907.
(Mr. Root informs Mr. McCormick that the question of the surrender of Mr. Jacobs depends upon the sufficiency of the extradition papers which the department has not seen, and states if the embassy is satisfied with their regularity they should interpose no objection to surrender, but if not so satisfied to consult Skinner. A dispatch from Skinner, reporting that the examining magistrate had recommended the extradition be not granted, led the department to anticipate the discharge of the prisoner. Mr. Root further states that the embassy’s telegram does not show whether the French Government has decided to overrule the magistrate’s decision. If the case is one in which upon evidence adduced the embassy would not feel warranted in asking for the surrender to United States, so represent to the French Government and ask that this consideration be given due weight, as well as the unusual period of provisional detention, before coming to final conclusion.)