The Acting Secretary of State to the Ambassador in Great Britain ( Dawes )

No. 471

Sir: The Department has received your despatch No. 996, dated June 24, 1930, and its enclosures, in further regard to the proposed extradition treaty between the United States and Great Britain.

Careful consideration has been given to the statements contained in the note addressed to you by the Foreign Office on June 20, 1930. It is observed therein that in view of the terms of the Extradition Act of 1870 the Government of Great Britain feels some hesitation with regard to the use in the treaty of the expression “territories in the occupancy or under the control of the United States,” and suggests in lieu of the words, “or in its occupancy and under its control, and during such occupancy and control,” the substitution of the phrase “including its dependencies and all other territories under its exclusive administration or control.” As the suggestion made by the British authorities covers substantially the proposal made by this Government, there would seem to be no objection to Article 2 as printed in the “Draft Extradition Treaty” submitted to you with the Foreign Office note of June 20, 1930.

With respect to Article 3, it is observed that the British Foreign Office states that the crime “wilful desertion or wilful non-support of minor or dependent children” should not be added to the list of extraditable offenses as such acts do not necessarily constitute an offense in English law, and are not acts in respect of which they are empowered to grant extradition. In view of these circumstances, this Government withdraws its proposal to include this offense in the list of extraditable offenses.

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This Government accepts the amendments made by the Government of Great Britain with respect to Article 3, Items 26, 27 and 27a.

As to Article 3, Item 6, it may be pointed out that this Department is not informed whether the offense is indictable under the laws of all of the states of the United States. In the circumstances, difficulty may be experienced in effecting extradition from the United States on this charge if the offense is not indictable in the jurisdiction where the accused is apprehended. Accordingly, it is suggested that the following be added to this item: “if such offense be indictable in the jurisdiction where the accused is apprehended.”

The term “Procuration” in Article 3, Item 10, is not necessarily descriptive of a crime in the United States. While there would appear to be no objection to the inclusion of the expression, “Procuration,” it is deemed advisable to describe the crime more fully, and it is suggested, therefore, that the following be added to Item 10: “defined as the so-called traffic in women and girls, meaning the recruiting, transporting, abduction or seduction for immoral purposes of said persons, provided such crimes be punishable by imprisonment of at least one year, or by more severe penalty.”

This Government notes that in accordance with its suggestion, Article 3, Item 13, has been eliminated, it being understood that the offense described in Item 12 sufficiently covers that mentioned in Item 13. The elimination of this item would, of necessity, require the renumbering of subsequent items.

This Government withdraws its objection to Article 5, which provides that extradition shall not take place if the prosecution or punishment for the crime is barred by the lapse of time in either contracting country, and agrees thereto as the article is printed in the “Draft Extradition Treaty” enclosed with the note of June 20, 1930, from the Foreign Office.

It is observed that Article 6, dealing with crimes of a political character, is founded upon British Law, and that the Government of Great Britain regrets that it would be unable to accept the additional paragraph desired by this Government. In the circumstances, the Department withdraws its proposal and agrees to the article as printed in the “Draft Extradition Treaty.”

The Department is glad to observe that, pursuant to its suggestion, Articles 8, 9, 10 and 12 of the Draft Treaty have been consolidated.

You are instructed to bring the substance of this instruction to the attention of the appropriate British authorities, pointing out the fact that our Governments are substantially in accord on the proposed treaty and expressing the hope that the Government of Great Britain may find it possible to agree to the additional suggestions contained herein. The Department is prepared to send you the necessary full [Page 350] power as soon as you inform it that you have reached an agreement with the British authorities.

Very truly yours,

Wilbur J. Carr