Russell Jones to Hamilton Fish, March 22, 1874

No. 41. Mr. Jones to Mr. Fish.

Sir: I have the honor to transmit herewith the report of the commission charged with the examination of the question of extradition, as published in the Moniteur of this date.

Very respectfully, &c.,

appendix.

Questions asked by the central section.—1st. Does No. 3 of article 1 of the bill include letters of credit and postage-stamps?

Replies of the minister of justice.—“1st. Article 1, No. 3. of the bill, reproducing the text of the corresponding provision of the law of April 5, 1868, is applicable, as is that provision, to forgeries committed in letter’s of credit, which is evidently comprised in the terms of articles 196 and 197 of the penal code, which are referred to by No. 3, and which provide for the punishment of the crime of forgery and the use of forgeries which have been committed in commercial papers or blank checks or in private letters. (See Parliamentary documents, 1867–’68, Appendix to No. 76.)

As to the counterfeiting of postage-stamps, it is comprised not only in No. 3, but also in No. 23 of article 1. The text thereof is identical with that of the law of April 5, 1868, which refers to articles 188 and 189 of the penal code, which provide for the punishment of the crime of counterfeiting postage-stamps and other adhesive stamps, and the use of such counterfeit stamps.”

2d. Why does No. 12 of article 1 only apply to attempts against individual liberty committed by private persons, without referring to the same acts committed by the agents of public authority?

“No. 12 of article 1 confines itself in the new law, as in the law of 1868, to attempts against individual liberty committed by private persons, and provided for by articles 434–442 of the penal code, because the same acts committed by agents of the public authority are included among crimes and offenses against the rights guaranteed by the constitution, (Title II, arts. 147 and 148 of the penal code,) and because crimes of this kind might, under certain circumstances, be of a political character.”

3d. What is the precise meaning of the word deception in No. 20 of the bill?

“3d. The precise meaning of the word deception in No. 20 of the bill is determined by the reference made by the law of 1868, same number, to articles 498–501 of the penal code. This word, therefore, includes deception practiced in regard to the identity, nature, origin, and quantity of things sold, as well as the adulteration of articles of food.”

Amendment made by the central section:

Art. 5, at the end. “And shall decide the case arising upon the claims of third parties appearing as claimants.”