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Prof. Molay,pge 6e I am enclosing a separate memorandum containing excerpts from cases under the extradition clause, which you may read if you deatre.. Although the question of Federal authority to apprehend and deliver up fugitives was not directly involved in any of them,th2y support,at least jn & general way,the theories I have adivanced,Snrmarized briefly,they old: Ist.-That the constitutions! provision fs net self-executing b but depends upon congressional enactments: d \- | end.- That the power of Congress to enforce such provision is ; " exclusive of State action,to the extont that the subject is cowered by congressicnal iegisiation: Zrd,= That any omission of Congress to exercise its fell con- stitutional powers leavos the matters unprovided for subject to State authority : 4th,= That Congress nay,by further legislation, bring the en- tire subject matter exclusively under national authority: Bth — Miat’ +a aenta abtaal a ewteian @e #2 jsaneaune Pha ae Oo) WAM whe Wie, WE hOB ok VWF FV ee surrender of persons accused of crime,and the courts of the Union should liberally construe the provision to the end of preventing fugitives from —_ finding immmity from prosecution by seeking shelter in another State. Upon the foregoing principles,i believe the Federal Government has authority under the Constitution to set up and maintain a police agen _ cy in all of the Statos for the purpose of apprehending and delivering up fugitives from Justice without intruding upon the ordinary police pow ers of the States.Such agoncy would also have jurisdiction to make ar= _— rests for Violations of Federal laws,but would lack authority to make ar Vy) ooo rests unier the laws of the States.However, I see no reason why it could be coordinated with State scerctes in the work of crime detection,so as to render both more effoctive.I have noted the proposal of Senator Copee ROLL kD Tee NS oe Ake Web Wh MTU RD ee hood LOUMELR& BUY ld UAUE YD Pei ee is said to have the approval of our Attorney General and his able assist : ant, lir. Keonan,under which the Governor of exch State would recommend @ | for appointment te the Federal Bureau a representative for his State, who would be paid by the Federal Government, but wio,as a “dollarwaeyear"men | for the State, would be able to-utilize local police officers to work with the Federal Burean in crime detection.The merit of this plan is obe a, vious and I most heartily favor it, unisss a firmer tasis can be found : for the national agency.The wealmess of the plan,as I see it,lies in the ‘ assumption that a Federal agency of that character can exiat only by consent ef the States, and its success would be dependent upon the de-' gree of cooperation received from the warions State authoritles.Indeed, ——_ I om inclined to believe that State lerislation mizht be required te vaildate the acts of a voluntoer organization of that character.On the other hand,if the extradition clause gives Congress authority to sstab= lish a national agency to apprehend und deliver up fugitives, Congress, or the administrative bureau,could make all cooperative arrangements with local police officiala that could be realized under the Copeland plan,and then,if any State should lag behind or fail to cooperate, 6e