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Authors

Fred Somkin

Abstract

The practice of interstate extradition had its origins in intercolonial comity, and was provided for by a compact among the New England colonies as early as 1643. After the Revolution, the Articles of Confederation included an extradition clause, which was carried over into the United States Constitution. The constitutional provision, not being self-executing, was followed in 1793 by a more detailed federal statute specifying that a demand for extradition must be accompanied by an indictment or affidavit charging the person sought with a particular crime and, except for a slight emendation a few years later, that statute has remained in force unchanged down to the present day.In recent years the mechanics of extradition have been standardized into a uniform law to which almost every state subscribes. Thus, the American institution of interstate extradition now has completed close to two centuries of practical operation, during which time it has played an important role in the federal system, reflecting over the years changing conceptions of the relation of the states to each other and to the central government. During this period every point about which there could be a dispute was argued out between the states or in the courts, and a working system of extradition developed that corresponded to changes in economic and social realities

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