Whenever a criminal attempts to escape justice by fleeing to another
country it is a delicate matter to recapture him, necessarily; for aside
from the ordinary difficulties of the case the powers add a few by their
carefulness to preserve each other’s dignity in such matters. Thus the
pursuit of a criminal by the officers of one country into the territory
of another, even when permitted by treaty, may result in a rather
awkward state of things, especially if what is regarded as a crime in
the one is not so much of a crime in the other. For instance, suppose
that the laws of Canada regarding embezzlement are not as stringent as
are those of the United States, or suppose she hasn’t any at all: one
can see that a request by our Government for the extradition of an
embezzler might strain international courtesy more than a trifle. A
treaty is a prerequisite to extradition in any country, and fortunately
our Government has such treaties with most of her neighbors, though
there are some startling exceptions.
Whenever a warrant or “requisition” is made for a fugitive criminal it
is usual to act through a diplomatic officer. If it is made through a
consul it must first be with the sanction of the State Department.