File No. 23700/39.

Chargé Bailly-Blanchard to the Secretary of State.

Sir: In compliance with the department’s instruction No. 122, I have the honor to send herewith a copy of the letter and inclosure which I addressed to Minister Beaupré at the Hague, with reference to the transit through France of a fugitive from the justice of the United States whose extradition has been granted by the Government of Luxemburg.

I have, etc.,

A. Bailly-Blanchard.
[Page 105]
[Inclosure.]

Chargé Bailly-Blanchard to Minister Beaupré.

Sir: Acting under instructions from the Department of State I have the honor to send you herewith a copy of an extract from the treaty of extradition between France and Luxemburg as far as relates to the question of transit. When Mr. Paxton Hibben, secretary of your legation, was in Paris I fully explained to him the requirements and method of procedure in case of transit through France. For your information I will repeat what I said to Mr. Hibben.

In order that transit be granted through France of a fugitive from the justice of the United States whose extradition has been granted by the Government of Luxemburg it is necessary that a formal demand be made to the foreign office through this embassy, accompanied by either the original or an authenticated copy of the order of arrest or other document upon which the extradition was granted by the Government of Luxemburg. Transit is only allowed by the French Government under the same conditions that extradition would have been allowed.

Further, when transit is granted the prisoner will be taken to the frontier by the Luxemburg authorities, who will deliver him to the French authorities, and by the latter the prisoner will be taken to the port in France decided upon and there handed over to the American official duly authorized to receive him.

I am, etc.,

A. Bailly-Blanchard.