File No. 23700/29.
Minister Beaupré to the Secretary of State.
The Hague, May 12, 1910.
Sir: In regard to the matter of the extradition itself, and my telegram of the 7th instant and the department’s reply of the 9th instant, I have the honor to inclose herewith copy and translation of the note from the ministry for foreign affairs of Luxemburg advising me that, in the opinion of the chamber of arraignment of the superior court of Grand Duchy, the extradition of Nicholas Knepper should be refused on the ground that the offense—vol à l’aide de fausses clefs—is not included in the treaty of extradition, and that, from the papers which accompany the request, it is this crime with which the fugitive is charged. At the same time the minister for foreign affairs most courteously acquainted the legation with his opinion before, himself, as is his duty, passing finally upon the question of the extradition, and asked whether our Government would not rather prefer to withdraw the request to having it refused on this ground. He further suggests that the chamber of arraignment of the superior court of the Grand Duchy might perhaps be inclined to make favorable decision if, by simple declaration, the United States would guarantee to grant, in such cases, requests for extradition emanating from the Grand Duchy for analogous offenses.
Immediately upon receipt of this generous note I telegraphed my thanks and at once advised the department by cable. At the same time I wrote acknowledging the note in one, of which I inclose a copy, and advised the minister that I had referred the matter to my Government. On the receipt of the department’s telegraphic instruction [Page 89] I prepared and sent a note, of which I inclose copy, embodying the points contained in the department’s cable and discussing the entire matter of the meaning of Article II, section 6, of the treaty of extradition, as it applies to the crime of burglary. At the same time I have directed the secretary of the legation to submit to me, for transmission to the department, a précis of the law and procedure of the Grand Duchy in matters of extradition. This will be forwarded to the department for its information at an early date.
I am, etc.,