Page:The American Cyclopædia (1879) Volume VII.djvu/52

 44: EXTRADITION EYCK that an executive, warrant may issue for the surrender to the authorized agent of the foreign government. The surrender cannot be made until the judicial determination shall be had. In the well known case of Jonathan Bobbins, arising under Jay's treaty, the president, while the case was pending before a judge, interfered with his advice and request that the accused should be delivered up, which was done ac- cordingly ; but this raised in the country such an outcry, and tended so strongly to the pre- judice of the administration, that the like interference with judicial action is not likely again to occur. Nevertheless, the action of the judge is not conclusive on the executive ; the one acting for the protection of individual right, while the other is to judge of the inter- national obligation. While the executive can- not order the extradition until it is judicially determined that a prima facie case of guilt is shown, he is not, on the other hand, compelled to issue the warrant of extradition in com- pliance with the finding of the judge-, if in his opinion the case is not within the treaty under which the proceeding is assumed to be taken. Thus, in the noted case of Karl Voght (1873), who was first demanded by Belgium for an offence committed in that kingdom, but whose extradition was refused on the ground that we had no treaty oc the subject with that country, and who was subsequently demanded for the same offence by Prussia on the ground of being amenable to its laws as a Prussian subject, the president, on the opinion of the attorney gen- eral that the case was not covered by treaty, refused to issue his warrant of extradition, not- withstanding that the district judge before whom he had been brought had determined that a case was made out, and had given the proper certificate. In this the president followed the judicial decisions in England. The several states, not being at liberty under the constitu- tion to form, treaties or conventions with for- eign powers, cannot surrender accused persons to those powers. Great Britain has treaties of extradition, besides that with the United States, with France, Denmark, Germany, Bel- gium, Italy, and Austria (1874). The first, dated Feb. 3, 1843, only 'embraces murder (including assassination, parricide, infanticide, and poison- ing), attempt to murder, forgery, and fraud- ulent bankruptcy. That first made with Den- mark included only the same four offences, but is now greatly enlarged, and, like those with Italy and Belgium, corresponds in comprehen- siveness to the treaty with Germany of 1872. The offences specified in that are : murder ; attempt to murder ; manslaughter ; counterfeit- ing or altering money, or uttering the same ; forgery or the uttering of forged papers, bank notes, or paper money; embezzlement; lar- ceny ; obtaining money or goods by false pre- tences; crimes against the bankrupt laws; fraud by a bailee, banker, agent, factor, trus- tee, director, member, or public officer of any company when made criminal ; rape ; abduc- tion ; child stealing ; burglary or housebreak- ing; arson; robbery; threats by letter or otherwise with intent to extort; sinking or destroying a vessel at sea, or attempting to do so ; assaults on board a ship on the high seas, with intent to destroy life or to do grievous bodily harm ; revolt or conspiracy to revolt on board a ship on the high seas against the authority of the master. Extradition may take place for participation in any of the crimes specified, provided such participation be punishable by the law of both countries. By statute 33 and 34 Victoria, c. 52, contempla- ting further treaties of the same nature, it is provided that effect may be given to any such treaty by mere order in council, and without special parliamentary sanction, which other- wise would have been necessary. Most of the European treaties of extradition are very re- cent, and they are likely soon to be adopted among all Christian nations. EXTREME OiCTION, a sacrament of the Ro- man Catholic church, and of the Greek and other eastern churches, administered for the spiritual and bodily relief of the sick. The Greeks call it the " oil of prayer." The Scrip- tural authority on which this rite is founded is taken from St. James v. 14, 15. In the Latin church it is called extreme or "last " unction, because, unlike the unctions of baptism, con- firmation, and holy orders, this is reserved for the last hour. The effects of this sacrament are held to be the following : spiritual strength to overcome the enemies of salvation in the final struggle of the dying hour, and patience to support the pains and discomforts of illness ; the indirect forgiveness of all mortal sins of which the sufferer may be unconscious, and the direct remission of venial sins ; the removal of the weakness of the spiritual faculties caused by the habits of sin ; and restoration to health when it is for the welfare of the patient. The sacrament is administered by the priest, who anoints with consecrated oil the eyes, ears, nostrils, mouth, hands, and feet of the sick person, praying at each unction that the Lord by his mercy and through that unction will remit the sins committed through each sense. The various eastern churches, Greek, Ar- menian, Coptic, and Nestorian, agree with the Latins in regarding this as one of the seven sacraments instituted by Christ ; but' they differ in that they do not reserve its use for the sick in danger of death. Moreover, in the Greek church it is sometimes administered by as many as seven priests at the same time, but ordinarily by two. The Greek form of words does not substantially differ from that employed by the Latins. EYALET. See VILAYET. EYCK, Van, the name of three painters, two brothers and a sister, regarded as the founders of the Flemish school, probably the children of Josse van Eyck, a painter, and born at Eyck (now Alden Eyck), a village in the bishopric of Liege, near Maaseyck, on the Maas. L