cipal secretary of state for foreign affairs to make known to this government the satisfaction with which her Majesty's government have learned the cordiality existing between the representatives of Great Britain and the United States while acting in eoncert with those of the other treaty powers, with a view to secure the settlement of the questions now at issue in Japan, and to inform you in reply that this appreciation will be made known to the representatives of the United States at Japan.

I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD.

The Hon. Sir FREDERICK W. A. Bruce, §r., §r., §c.

Sir F. Bruce to Mr. Seward.

WASHINGTON, February 13, 1866.

SIR: In the course of the discussions which have taken place between Great Britain and France on the notice to determine the treaty for the extradition of criminals reference has been made to the working of the extradition treaties between France and the United States-the French government contending that they can obtain the extradition of criminals from the United States with greater facility than from Great Britain.

As the treaties, and the legislative acts passed in the two countries to give them effect, are substantially identical with respect to the proof required of the crimes alleged, her Majesty's government are anxious to ascertain under what circumstances this alleged difference in the practical results of the treaties has grown up, and I am instructed to request you to be good enough to furnish me with information as to the construction the government of the United States puts on the provisions of the extradition treaties, and as to the requirements of the judges or commissioners of the United States, compliance with which is indispensable to the surrender of criminals.

I enclose herewith extract of a letter from the chief magistrate at Bow street, London, which states precisely the evidence required by the British magistrates, and her Majesty's government wish to ascertain whether the judges in the United States require less evidence in such cases.

I am further directed to inquire whether the government of the United States consider the extradition treaty with France as binding them to give up persons convicted in France, either after trial, or by the procedure known as conviction "par contumace," and who may have escaped from the consequences of conviction. Her Majesty's government would be glad to ascertain the views of the United States, were a proposal made on the part of France to include such persons in a new extradition treaty.

I shall feel much obliged for any information you can give me on these points at an early date, as the subject is now under discussion between Great Britain and France, and an accurate knowledge of the practice and views held with respect to extradition by the United States will have much weight in arriving at an arrangement.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

FREDERICK W. A. BRUCE.

Extract of a letter from the chief magistrate at Bow street to the under-secretary of state for the home department, dated January 15. 1866,

The requisite evidence would be

1st. The production of a warrant of arrest, issued by a "come atent magistrate" in France, setting forth the crime charged.

2d. A certified copy of the depositions taken before the said magistrate, and which must contain proofs of the criminality of the accused.

3d. A witness who could identify the accused.

Sir F. Bruce to Mr. Seward.

WASHINGTON, February 16, 1866.

SIR: As the reciprocity treaty is about to expire, I am anxious to report in a formal shape the disposition of the government of the United States with reference to the important question of its renewal, and I therefore submit for your consideration the following proposals, which embody the views of her Majesty's government with respect to it.

Her Majesty's government have seen with much satisfaction the increase of the trading relations between the United States and the British provinces which has grown up under the treaty, and the beneficial results of the stipulations it contains, by virtue of which each contracting party enjoys the uninterrupted use of the facilities of transport to the seaboard possessed by the other, and participates side by side in the fisheries without restriction or interference.

Her Majesty's government would be well content to renew the treaty in its present form.

At the same time they are ready to reconsider the treaty in conjunction with the government of the United States, if such a course would be agrecable to them, and so to modify its terms as to render it, if possible, more beneficial to both countries than it has hitherto been.

If the government of the United States should feel disposed to adopt the latter course, an arrangement of a provisional character might be entered into with a view to afford time for fresh negotiations, and I should take pleasure in submitting to the consideration of my government any proposal to that effect which you might do me the honor to communicate to me.

I have the honor to be, with the highes tconsideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

FREDERICK W. A. BRUCE.

Sir F. Bruce to Mr. Seward.

WASHINGTON, February 16, 1866.

SIR: Her Majesty's government have received latterly accounts of the great increase of piracy on the coast of China. The pirates possess heavily armed and fast sailing loochos manned by Chinamen of desperate character, and not unfrequently assisted by foreigners. They no longer confine their attacks to the small and defenceless class of junks, but attack the largest sized junks, and even European vessels.

The aggregate foreign trade with China does not fall short in value of one hundred millions sterling, and a large amount of foreign shipping is employed in the coast trade. These great interests are exposed to constant risk and interruption by the operations of the piratical squadrons.

The Chinese government bound itself by treaty with Great Britain to concer measures for the suppression of piracy, and her Majesty's government exert their strongest influence at Peking to induce the Chinese government to act up to its engagements in this respect. A considerable naval armament is, moreover, as you are aware, employed on the coasts of China to keep the pirates in check.

Her Majesty's government are desirous in this, as in all other matters of commou interest affecting the foreign relations of China, to act in concert with the treaty powers; and as the United States are largely interested in the suppres sion of this evil, which threatens the commerce of all alike, I am instructed to bring the subject under the notice of the government of the United States.

Her Majesty's government believe that the united action of the United States and Great Britain would be productive of the best results, and I beg to suggest for your consideration the expediency of instructing the representative of the United States in China, and the naval commander on that station, to act in concert with her Majesty's minister at Peking, in urging the Chinese government to take active measures for the eradication of piracy and to co-operate with the British admiral in measures calculated to put it down.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

FREDERICK W. A. BRUCE.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

WASHINGTON, February 16, 1866.

SIR: I have the honor to acknowledge the receipt of your note of the 30th of December last, in regard to the maintenance of lunatics, and proposing the return to Great Britain of any pauper, British subject, becoming lunatic while in the United States, the expense of such lunatic's maintenance while in this country to be defrayed by the United States, her Majesty's government paying the actual cost of removal, and that such an arrangement should be reciprocal in its character.

In reply I have the honor to state that, upon inquiry, I find no record of any claim having been presented by this government in its own behalf or that of any State, municipality, or corporation, for the expenses of maintaining lunatic subjects of Great Britain, or any other power. The case of lunacy belongs to the several States. The federal government has no lunatic asylums, except for the army and navy, and for the District of Columbia. And it seems inexpedient to enter into any arrangement on the subject. I shall, however, give notice to the State authorities of the course proposed by her Majesty's government, for their information, and with a view to such arrangements may seem to them to be called for, if upon further consideration her Majesty's government desire it.

I would suggest, however, that the communication of your note to the State authorities may be construed as an invitation to send to England any pauper, British subject, becoming lunatic in this country, and, from the ambiguity of the expression, "any pauper, British subject," lead to proceedings which might prove objectionable. There seems to be some uncertainty as to whether this includes all persons who, though domiciled in this country, have not abjured their British allegiance, or is to be restricted to travellers and temporary sojourners.

Awaiting any further suggestions which you may offer on the subject, I have the honor to be, sir, with the highest consideration, your obedient servant, WILLIAM H. SEWARD.

The Hon. Sir FREDERICK W. A. BRUCE, &c., sc., &c.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, February 17, 1866.

SIR: I have the honor to acknowledge the receipt of a note which you addressed to me on the 16th instant, concerning a proposed extension of the reciprocity treaty. Perhaps I could not reply in any other manner more satisfactorily than I shall now do, by stating anew the verbal explanations which I have had heretofore occasion to make to you upon that subject.

The character of the constitutional distribution of public affairs amongst the different departments of the government is well known. It confides commerce and national finance expressly to the legislature.

The now expiring reciprocity treaty constitutes almost the only case in which the executive department has by negotiation assumed a supervision of any question of either commerce or finance. Even in that case the executive department did little more than to make a treaty, the details of which had been virtually matured beforehand in the Congress of the United States, and sanction was given to the treaty afterwards by express legislation. The question of continuing that treaty involves mainly subjects of the special character which I have before described.

Careful inquiry made during the recess of Congress induced the President to believe that there was then no such harmony of public sentiment in favor of the extension of the treaty as would encourage him in directing negotiations to be opened. Inquiries made since the reassembling of Congress confirmed the belief then adopted that Congress prefers to treat the subject directly, and not to approach it through the forms of diplomatic agreement.

In accordance with this conviction all communications, verbal and written, upon the subject, have been submitted to the consideration of the proper committees of Congress, and the question of extending a system of reciprocal trade with the British provinces on our frontier awaits their decision.

I have the honor to be, with the highest consideration, sir, your obedient servant,

WILLIAM H. SEWARD.

The Hop. Sir FREDERICK W. A. BRUCE, &c., &c., &c.

Sir F. Bruce to Mr. Seward.

WASHINGTON, February 19, 1866. SIR: I have the honor to acknowledge the receipt of your note of the 16th instant, in reply to mine of the 30th December, on the expediency of a reciprocal arrangement between the United States and Great Britain, for the maintenance and transport hence of pauper lunatics of the two countries.

The observations contained in it, on the authority to make such arrangements being vested in the individual States composing the Union, and on the necessity of defining clearly the persons designated as "British pauper lunatics," seem to me well worthy of consideration, and I venture to request you to take no further steps in the matter until I have had the opportunity of drawing the attention of my government to the statements in your note, a copy of which I forward by this opportunity.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., Jr., &c.

FREDERICK W. A. BRUCE.

Mr. F. W. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, February 21, 1866. SIR: I have the honor to acknowledge the receipt of your note of the 16th instant, in regard to co-operative measures for securing the suppression of piracy in Chinese waters, and, in reply, to inform you that the diplomatic representative of the United States in China, and their chief naval officer, will be instructed to co-operate, so far as they properly can, with those of other western powers, towards the ends indicated in your note.

I have the honor to be, with high consideration, sir, your obedient servant, FREDERICK W. SEWARD,

Hon. Sir FREDERICK W. A. BRUCE, &c., &c., &c.

Acting Secretary.

Mr. F. W. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, February 23, 1866.

SIR: With reference to your communication of the 13th instant, inquiring, at the instance of your government, for information in regard to the interpretation of an extradition treaty with France, with the judges and commissioners in our country, and whether the United States government consider themselves bound under their present treaty with France to deliver up persons convicted in that country, either after trial, or by the procedure known as conviction par contumace, and who may have escaped from the consequences of conviction, I have the honor to enclose for your information upon these subjects a copy of a letter from the district attorney for the southern district of New York, of the 20th instant, together with three printed copies of the act of Congress of June 22, 1860, therein referred to.

I have the honor to be, with the highest consideration, sir, your obedient servant,

Hon. Sir FREDERICK W. A. BRUCE., &c., &c., &c.

F. W. SEWARD.

Acting Secretary.

Mr. Dickinson to Mr. Seward.

OFFICE OF THE DISTRICT ATTORNEY OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT of New York,

New York, February 20, 1866.

SIR: I have the honor to acknowledge the receipt of your communications dated, respectively, on the 13th and 15th instant, enclosing certain questions in reference to the practical working of the extradition treaty between France and the United States, with the request that I would endeavor to have the same answered.

I have carefully considered the subject referred to, and have conferred with the United States commissioners in this district, who have most frequently had occasion to exercise their magisterial powers for the purpose of returning criminals under the various extradition treaties with foreign countries, and have examined such adjudications on the questions at issue as are reported in the books.

The following is the result of my inquiries:

A simple mandat d'arret, or capias, issued by a French juge de paix, does not entitle the French government to the extradition from this country of a person accused of a crime provided for by the treaty.

The proceedings which must be taken here to enable the French authorities to obtain the extradition of such a person are:

1. A complaint made under oath or affirmation, before an officer vested with the requisite anthority, charging such person with having committed within the jurisdiction of the French