CO129-344 - Public Offices & Foreign Office - 1907 — Page 730

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olice report the fact to

Superintendent of police)

Hongkong.

Subsequently, Mr. Seward promised to

consider a request for Jackson's surrender under

727

the treaty between the United States and Great

Britain of 1842; but the prosecution was dropped

and the prisoner released. On August 31st, 1874,

Mr. Hunter, Second Assistant-Secretary of State,

wrote to Mr. Seward as follows:

"The Department is somewhat at a loss to ascer- tain the precise intention of the government of Hong- kong by its demand. According to settled usage in the United States, criminals are not delivered up on demand of a foreign state except pursuant to the provisions of a treaty. If the request of the Hong

for Kong government was intended to be a demand extradition in accordance with the provisions of the treaty with Great Britain of 1842, it is sufficient to say that the treaty provides for the delivery of persons who, charged with certain crimes co.mitted within the jurisdiction of either, 'shall seek an asylum or shall be found within the territories of the other', where proper proceedings shall be taken. It is necessary, in the opinion of this Department, that the person whose extradition is sought shall be not only within the jurisdiction, but within the

No authority actual territory of the United States.

is given to any diplomatic or consular officer to

SYN

grant