would be regarded as a political offence. But a difficulty would arise where you have to deal with attempts at assassination.

"It does seem to me that, while on the one hand we desire to retain inviolate the right of exemption from arrest for political offences, it is monstrous to say, on the other hand, that if any private person is assassinated in the streets of Paris for example, and the murderer escapes to England, he may be punished; but that if the person so assassinated is invested with any political character, then the offence becomes a political offence, and the law of England declares that he shall not be given up to justice. This position appears to me to be utterly untenable. There is, I apprehend, a discretionary power given to the Secretary of State as to the application of the Act, and all I can say on this point is, that if any honourable gentleman can succeed in establishing a distinction between the case of a purely political offence and an offence against morality, I shall be willing to consider the proposal to insert à clause to meet such a case."-Speech of Lord Stanley in the House of Commons, 3d August 1866.

On the same occasion Mr J. S. Mill suggested that the political offences excluded from the operation of the law should be defined as, "Any offence committed in the course of or furthering of civil war, insurrection, or political commotions."

INDEX.

ABERDEEN, Lord, despatch to Count St Aulaire, 73.
Adams, President, action in the case of Robbins, 29.
Albeville, demand for the surrender of Burnet, 17.
Arguelles, his surrender by the U.S., 49.

Ashburton Treaty, (1842,) 36.

Aylmer, Lord, Governor of Canada, refuses to give up fugitives,
(1833,) 51.

Brougham, Lord, opinion, 9.

Burlamaqui, opinion on extradition, 5; quotes Pufendorf, 3.
Burnet, his extradition refused by Holland, 17.

Campbell, Lord, opinion on extradition, 9; advice on the case
of fugitive slave, 53.

Canada, law of extradition, 50; Colonial Acts, 52, 54, 64; prac-
tice, 100.

Chelmsford, Lord Chancellor, judgment in the case of Charles
Dubois, (otherwise Coppin,) Appendix, p. 172.

Clarendon, Lord, correspondence with France, (1866,) 84.
Cockburn, L. C.-J., judgment in Tivnan's case, 80; in
Windsor's, 83.

Coke, Lord, denies duty of surrender, 6; instances, Wynne's
comment, 6, n.; C.-J. Tilghman's comment, 7.

Denman, Lord C.-J., judgment in Besset's case, 72.

Denmark, treaties with England, (1661,) 17; (1862,) 88.
Depositions, when received in evidence, 99.

Duty and limits of extradition, 12.

Early cases of extradition, 19.

Early treaties, 15, 16, 17.

England, common law upon extradition, 20; treaty with Scot-
land, (1174,) 15; with France, (1303,) 16; with Flanders,
(1497,) 16; with Denmark, (1661,) 17; with Holland, (1662,)
17; with United States, (1792,) 28; (1842,) 36, 68; with
France, (1843,) 68; with France, Convention, (1852,) 73;
with Denmark, (1862,) 88; with Prussia, Convention, (1864,)
88; practice in, 78, 86, 98.

I

English subject committing murder abroad, and escaping to
England, cannot be surrendered, 81.

Extra territorial jurisdiction, objections to, as a substitute for
extradition, 11, 81.

Fœlix, 38, 89.

Forgery, 82, Appendix, p. 170, 174.

France, law in, 87; circular of the Minister of Justice, (1841,)
36, 89; will not give up French subjects, 90; nor political
offenders, 90, see Appendix, p. 177; treaty with Savoy, (1378,)
16; with England, (1843,) 69; with the United States, (1843,)
38; with England, (1852,) 73; other treaties, 90, 96, Appendix,
p. 177; practice in, 91, 97.

Gibbon, criminals under Roman Republic and Empire, 14.
Grotius, opinion, 2.

Habeas corpus, writ of, at common law, 72; English courts
have no concurrent power to issue in colony or foreign do-
minion, 59.

Hamburg, senate of, gives up Napper Tandy, 19.
Hannibal, extradition of, demanded by Rome, 15.

Hardwicke, Lord Chancellor, opinion on right of extradition, 20.
Heath, J., on duty of extradition, 21.

Hill, Serj., opinion, 21.

Holland, gives up regicides to England, 17; treaty with Eng-
land, (1662,) 17; refuses to give up Burnet, 17.
Increasing importance of extradition laws, 10.

Intercursus magnus, (1497,) 16.

Jefferson, Mr, report to President Washington, 27.

Jurisdiction, meaning of the term in extradition treaties, 65, 79.
Kent, opinion, 8; judgment in Washburn's case, 30.

Lewis, Sir G. C., on duty of extradition, 9.

Magistrates, power at common law to arrest and commit fugi-
tive criminals, 22; proceedings before, under existing acts,
98; what are questions for, 101.

Malmesbury, Lord, Foreign Secretary, Convention with France,
(1852,) 75.

Martens, on duty of extradition, 7.

Mexico, treaty with United States, 48, 111.

New York, State of, general law on extradition, (1822,) 31.
Paul Voet, opinion, 5.

Piracy, 78.

Political offences not a ground of surrender, 90, 110; excluded
from treaties, 37, Appendix, p. 177; how to be defined, 110;
Appendix, p. 179.

Practice, in United States, 100; in Canada, 100; in England,
78, 86, 98; in France, 91, 97; suggested improvement, 107.
Prisoner, evidence in favour of, 38, 46, 63, 65, 101.

Prussia, treaty with United States, (1852,) 47; with England,
88; Appendix, p. 162.

Pufendorf, opinion, 3.

Reid, C.-J., judgment in Fisher's case, 51.

Roman laws and treaties, 14, 15.

Rutherforth, opinion, 7.

Seward, Mr, report on Arguelles's case, 49.

Slaves exempted from treaty between Mexico and the United
States, 111.

Spain surrenders criminals to England, 20; demands Arguelles
from United States, 49.

Story, opinion, 8; judgment in Davis's case, 34; mistake in
quotation of Pufendorf, 3, n.

Subjects, surrender of, 47, 90.

Switzerland refuses to give up the regicides, 19.

Tilghman's, C.-J., comment on Lord Coke's opinion, 7, n. ; judg-
ment in Short v. Deacon, 32.

United States, law of extradition, 23; treaty with England,
(1792,) 28; (1842,) 36, 68; with France, (1843,) 38; Mexico,
48, 111; other treaties, 47, 48; practice, 100.

Virginia, general law upon extradition, (1784,) 26.

Voet, Paul, opinion, 5.

Wheaton, Mr, negotiates treaty between United States and
Prussia, (1845,) 47.

Wynne, comment on Lord Coke's opinion, 6, n.

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