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Title 26.


Sec. 1999. Right of expatriation declared. 2001. Release of citizens imprisoned by 2000. Protection of naturalized citizens in

foreign governments. foreign countries. SEC. 1999. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoy. Right of expa. ment of the rights of life, liberty, and the pursuit of hap-tandemeikos, a. piness; and whereas in the recognition of this principle this 1, v.15, p. 223. Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereasit is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic.

SEC. 2000. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive zens in foreign from this Government the same protection of persons and

Ibid., s. 2, p. property which is accorded to native born citizens.

SEC. 2001. Whenever it is made known to the President Release of citi, that any citizen of the United States has been unjustly by foreign gove deprived of bis liberty by or under the authority of any foreign government, it shall be the duty of the President Ibid., 8. 3, p. forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the Presi. dent shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.


to naturalized citi.



ernments to bo demanded.



5270. Fugitives from the justice of a

foreign country.
Act Aug. 3, 1882. Evidence on the

5272. Surrender of the fugitive.
5273. Time allowed for extradition.
5274. Continuance of provisions limited.
5275. Protection of the accused.
5276. Powers of agent receiving offend.

ers delivered by a foreign govern.

5277. Penalty for opposing agent, etc.
5278. Fugitives from justice of a State or

5279. Penalty for resisting agent, etc.
5280. Arrest of deserting seamen from

foreign vessels.
5409. Allowing prisoners to escape,
5110. Application of preceding section.

Title 66.

SEC. 5270. Whenever there is a treaty or convention for extradition between the Government of the United States Fugitives from and any foreign government, any justice of the Supreme foreign country. Court, circuit judge, district judge, commissioner, author Aug. 12. 1918, ized so to do by any of the courts of the United States, or

s. 1, v. 9, p. 302.

to 1891.

judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such

surrender shall be made. Aug. 3, 1882. SEC. 5. That in all cases where any depositious, warSupp. E. S., 22 rants, or other papers or copies thereof shall be offered in Stat. L., 215, 1874

evidence upon the hearing of any extradition case under Evidence on Title sixty-six of the Revised Statutes of the United Substitute for States, such depositions, warrants, and other papers, or R.S., sec. 5271.

the copies thereof, shall be received and admitted as evi14 How., 115; 5 Blatch., " 414; 1 dence on such hearing for all the purposes of such hearing Blatch:: 345: 34 if they shall be properly and legally authenticated so as to Blatch., 59: 4 entitle them to be received for similar purposes by the triPR:12, 2016: 1. bunals of the foreign country from which the accused Fed. Rep. 333; 22 party shall have escaped, and the certificate of the princiFed. Rep., 699.

pal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant or other paper or copies thereof, so offered, are authenticated in the manner required by this

act. Repeal of R. S., SEC. 6. The act approved June nineteenth, eighteen hun1876, Juno io, ch. dred and seventy-six, entitled "An act to amend section 133 (19 Stat. L., fifty-two hundred and seventy-one of the Revised Statutes .

of the United States”, and so much of said section fifty. two hundred and seventy-one of the Revised Statutes of the United States as is inconsistent with the provisions of

this act are hereby repealed. Surrender of SEC. 5272. It shall be lawful for the Secretary of State, the fugitive.

Aug. 12, 1848, s. Under his hand and seal of office, to order the person so 3, v. 9, p. 302. See secs. 5109,

committed to be delivered to such person as shall be all. thorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly; and it shall be lawful for the person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall be lawful to retake such person

sec. 5271, and


Protection of the accused.

in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall so escape, may be retaken on an escape.

SEC. 5273. Whenever any person who is committed under Time allowed this title or any treaty, to remain until delivered up in pur. Idem, 8. 4. suance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.

SEC. 5274. The provisions of this Title relating to the Continuance of surrender of persons who have committed crimes in foreign ited. countries shall continue in force during the existence of Idem, 8. 5. any treaty of extradition with any foreign Government, and no longer.

SEC. 5275. Whenever any person is delivered by any foreign Government to an agent of the United States, for Mar. 3, 1869, 8. the purpose of being brought within the United States and 1, v. 15, p. 337. tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militiả thereof, as may be necessary for the safe-keeping and protection of the accused.

SEC. 5276. Any person duly appointed as agent to receive, Powers of in behalf of the United States, the delivery, by a foreign offenders deliv: Government, of any person accused of crime committed cred by a foreign within the jurisdiction of the United States, and to convey Idem, e. 2. him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping.

SEC. 5277. Every person who knowingly and willfully Penalty for op.obstructs, resists, or opposes such agent in the execution of Idem, 8. 3. his duties, or who rescues or attempts to rescue such prisoner, whether in the custody of the agent or of any officer or person to whom his custody has lawfully been committed, shall be punishable by a fine of not more than one thousand dollars, and by imprisonment for not more than one year.

SEC. 5278. Whenever the executive authority of any State Fugitives from or Territory demands any person as a fugitive from justice, or Territory.

See sec. 5409.

Feb. 12, 1793, s. of the executive authority of any State or Territory to 1, v. 1, p. 302.

which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be deliv. ered to such agent when he shall appear. If no such agent appears within six months from the time of the arrest, the prisoner may be discharged. All costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the State or Territory making such demand, shall be

paid by such State or Territory. Penalty for re SEC. 5279. Any agent so appointed who receives the sisting agent, fugitive into his custody, shall be empowered to transport Idem, 8.2.

him to the State or Territory from which he has fled. And every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting bim, shall be fined not more than five hundred dollars or imprisoned

not more than one year. Arrest of de

SEC. 5280. On application of a consul or vice-consul of serting seamen from foreign ven any foreign government having a treaty with the United Mar. 2,1829, ch.

States stipulating for the restoration of seamen deserting, 41, v. 4, P: 359 ; made in writing, stating that the person therein named has 123, v. 10, p. 614: reserted from a vessel of any such government, while in

any port of the United States, and on proof by the exhibi. tion of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice-consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or vice-consul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cog. nizable, shall have pronounced its sentence, and such sen. tence shall have been carried into effect,


SEC. 5409. Whenever any marshal, deputy marshal, Title 70, chap. 4. ministerial officer, or other person, has in his custody any Allowing prisprisoner by virtue of process issued under the laws of the oners to escape.

June 21, 1860, United States by any court judge, or commissioner, and v. 12, p. 69. such marshal, deputy marshal, ministerial officer, or other person, voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both. SEC. 5410. The preceding section shall be construed to Application of

preceding 800apply not only to cases in which the prisoner who escaped lion was charged or found guilty of an offense against the laws Ibid. of the United States, but also to cases in which a prisoner may be in custody charged with offenses against any foreign government with which the United States have treaties of extradition.


Act Jan. 20, 1888. Appointment of Com-

missioner of Fish and Fisheries. Act Mar. 3, 1885. Details from Revenue

Act Mar. 3, 1883. Assistant Fish Com-

4396. Duties of Commissioner.

4397. Executive Department to aid inves-

4398. Powers of Commissioner.
Act June 5, 1894. Fur Seals. Penalty for

infraction of law in regard to.
Act Mar. 3, 1893. Fur seals of Boring Sea.

Fish Commig

That section four thousand three hundred and ninety-five Jan, 20, 1888. of the Revised Statutes of the United States be, and the 25 Stat. L., 1. same is hereby, amended to read as follows:

sioner-appointThat there shall be appointed by the President, by and ment and salary: with the advice and consent of the Senate, a person of sci- R. S., 80C. 4395. entific and practical acquaintance with the fish and fisheries 1881, Feb, 14, to be a Commissioner of Fish and Fisheries, and he shall 328; 1882, Aug receive a salary at the rate of five thousand dollars a year, p. 382 ; 1883, Mar. and he shall be removable at the pleasure of the President. 3, ch. 143, par.

Said Commissioner shall not hold any other office or em- Mar. 3, ch. 360, ployment under the authority of the United States or any war.: 2, Ch. 362, State.

par. 3, p. 563. (Par 7.) And the Commissioner of Fish and Fisheries is Mar. 3, 1883. hereby authorized to designate, from the employees of the 22 Stat. L., 603. Commission, an assistant, to discharge his duties in case of commissioner. bis absence or disability:

R.S., sec. 4395. Provided, That no increase of pay shall be granted in ch.1, p. 577.

1888, Jan. 20, consequence of such selection.

[Par. 1.] The Secretary of the Treasury is authorized to Mar. 3, 1885. detail from time to time for duty under the Commissioner 23 Stat. L., 478. of Fish and Fisheries any officers and men of the Revenue Revenue Mario Marine Service whose services can be spared for such for Fish Commis. duty.

1888, Jan. 2 0, ch. SEC. 4396. The Commissioner of Fish and Fisheries shall Duties of the prosecute investigations and inquiries on the subject, with Feb. 9, 1871, s.2, tbe view of ascertaining whether any and what diminution v. 16. p. 594 in the number of the food-fishes of the coast and the lakes Cutter Siervice, of the United States has taken place; and, if so, to what

Division IV. causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress.




sion. R. S., secs. 2747-2765. 4396.

1, p. 577.


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