The Express.
London, England, 1860-12-31 00:00:00

(Stamped, id. Additional.)

EXTRADITION OF POLITICAL REFUGEES.

The English press has nobly raised its voice in
condemnation of the outrage on the rights of huma-
nity committed in the case of Count Ladislaus
Teleki, both by the Austrian government in de-
manding his extradition, and the government of
Saxony in surrendering him. The case is too
shocking not to raise a general indignation
throughout the civilised world ; and I think it will
be a matter of national satisfaction to the English
public to be reminded of the fact that the principles
set down by the English government in a remark-
able precedent are in perfect accords/see with the
sentiments of public opinion on the subject. I say
so on the authority of the Blue-book presented to
Parliament on the 28th of February,.lBso, respect-
ing the Hungarian refugees.
After the sad catastrophe the put an end to the
Hungarian war of independents in the month of
August, 1849, a great number of Hungarians and
Poles sought refuge on Turkish territory. Austria
and Rums, elated by success, and backed by large
armies partly drawn sip on the frontiers, partly
stationed in the very heart of the Danubian Prin-
cipalities, demanded the extradition of the
(28th and 29th of August, 1840). Sir Sraure ord
Canning (despatch No. 3, Sept. 3, 1849) thus
wroth to Lard Palmerston :—" On grounds of hu-
manity not unmixed with considerations affecting
the Porte's character and future policy, 1 have not
hesitated to advise • a deckled reline= to the
viand of extradition." " k was happy to learn from
Genend Aupiek that his news of the matter were
entirely similar to my owes? "The couch met
on the 30th August, and decided that the Porte
could sot, without dishonear, give up the re-
fugees.'
On the 4th of September Price Radsivil arrived
at Constantinople with an autograph letter from the
Czar Niche/as to the Sultan, couched in very strong
tlle, demanding extradition of ref ogees, and
talug.i• Russian and Austrian• ambassadors du.
Blared that the escape of a single Keftigee will be
taken for a declaration of war.--Or Stratford
Canning to Viscount Palmerston, No. 6, Sept. 5.)
lap to the 16th September (No. 11) the question
had assumed not only a serious aspect, but a cha-
racter of immediate urgency. Russia and Austria
were determined toobtain possession of the refugees
their representatives, prepared to go the full length
of diplomatic intimidation in order to force
the hands of the Porte, had sent iii
official mites, repeating their previous peremp-
tory demand, and suspending their diplomatic I
relations with the Porte from after that.
evening, unless a categorical and satisfactory
answer were given in the meantime. Sir Stratford
.Canning, whilst acknowledging that "the demand
was too seriously entertained to warrant any linerr
of conduct in resistance to it, not formed in con-
templition of the worst," informed Lord Palmer-
ston that " he would have thought himself highly
to blame had be concealed from the Porte his con-
viction that by submitting to the imperious de-
mands they would dishonour themselves and their
country, and violate the common principles of
humanity. The French minister, .General Aupick,
entirely concurred in these views, and both deter-
minedto support the Porte in what they consi-
dered to be a question of humanity, right, and
bencem.

At this juncture of affairs the Porte submitted
some queries to the English and French ministers,
with the declaration that upon the answer would
very mush depend the decision of the council. The
fourth of these queries was :—" If Russia were to
deolate war, in What way would it be regarded by
England and France, and in that case could the
Poets count upon the effective co-operation of those
two powers ?" To this query Sir Stratford Can-
ning and General Aupick Answered that "it was
to ha presumed that the two governatesta
iwltil& condemn the supposed conduct of Russia,
and would not leave the Porte without support,
should it be necessary."

Upon this the Sublime Porte insisted on their re-
fusal to deliver up the Hungarian and Polish re-
fugees, The Turkish government at the same time
instructed their minister at London to say to Lord
Palmerston that the Sultan, having exposed himself
to serious risk in order to preserve his honour and
to remain faithful to the laws of humanity, the
Ottoman government in no way doubts that the
I English government will hold itself ready to afford
it, in case of necessity, moral and material support.
Lord Palmerston on receipt of this communica-
tion apprised Sir Stratford Canning, on the Gth of
October, that her Majesty's government unhesi-
tatingly complied with this request of the Sublime
Porte ; that they will immediately enter into com-
munication with the French government, in order
to concert a common course of proceeding ; and that
with a view to guard against possible accident, in-
structions will at once be sent to Admiral Sir Wil-
liam Parker to go with his squadron to the Darda-
nelles, to be ready to go up to Constantinople upon
the application of the Sultan, to assist in defending
the Turkish capital or territory from attack. In
fact, orders for these instructions were sent by Lord
Palmerston the same day to the Lords Commis-
sioners of the Admiralty. At the same time Lord
Palmerston conveyed the sentiments and wishes of
her Majesty's government on the subject, through
Lord Bloomfield, to the cabinet of St. Petersburg,
and through Viscount Ponsonby to the cabinet of
Vienna, in a despatch, from which I literally ex-
tract the following :
"If there is one ruk which more than another has
been observed in modern times by all independent
States, both great and small, of the civilized world, it
is the mile not to deliver up political refugees. 27is
laws. of hospitality, the dictates of humanity, the
general feelings of mankind forbid rich surrenders ;
and any independent government which by its own
free will were to make such a surrender would be
deservedly and universally stigmatised as degraded
and dishonoured."
These measures and instructions were communi-
cated to the French government, which entirely
concurred in them, and, already on the 11th of
'October, the Marquis of Normauby reported to
Lord Palmerston that instructions were sent to the
French squadron, which was then at the islands of
Hyeres to proceed towards Smyrna, and to
put itself in communication with Sir William
Parker. The English and French governments
having thus energetically supported the Sublime
Porte in resisting the not less inhuman than inso-
lent demand of Austria and Russia, the result
wan, that these two governments desisted from
their demand of extradition.

With this precedent thus established, the prin-
ciples of international law regarding the subject of
extradition of political refugees thus clearly and
emphatically assorted, and thus energetically main-
tained,-both by the Fegliell and French govern-
manta, it is to be legitimately expected that, true
to their own antecedents, there governments will,
with equal determination and energy, maintain
the principles of international law and the rights
of humanity, so outrageously violated in the person
of Count Ladislaus Teleki, both by the Aus-
trian government, in demanding his extradition,
and by the Saxon government in acceding to it.
In fact, Lord Palmerston having himself declared
that any government which were to make such •
surrender " would be deservedly and usivereally
stigmatised as degraded and dishonoured ;"—I esm-
not see how, consistently with her honour and dig-
nity, inland could continue to remain in friendly
diplomatic intercourse with any government
branded with the stigma of that degradation and
dishonour.

True it is Lord Palmerston, in declaring the non-
extradition of political refugees to be *rule univer-
sally acknowledged throughout the civilised world,
added the proviso, " unless a state is bound to ex-
tradition by the positive obligations of • treaty."
But well did his ladahip remark, in addition, that

[TWOPENCE.

1" such treaty engagements are few, if indted any
such exist." (Despatches to Lords Bloomfield and
Ponsonby, Oct. 6, 1849.)
In fact, what stipulations may from time to time
be concocted in secret between Hapsburgs, Bour-
bons, and others like them, of course nobody can
tell. But secret stipulations contrary to the general
feelings of mankind to the dictates of humanity,
and to the acknowledged principles of international
law, can have no public value whatever ; nefther
dare any of such conspirators against the rights of
humanity appeal publicly to such secret stipulations
in support of the extradition of political refugees,
while as to public treaties stipulating for such
extraditions, I dare assert, without fear of contra-
diction, that no such treaty exists in modern times
—not one.

Hence it is that Wheaton, having with diligence
inquired into all the existing treaties respecting the
subject of extradition, lays down the following as
an incontested principle in his "Elements of Inter-
national Law" (Part IL, chap. 2, sixth edition,
1855) :—" In the negotiation of treaties stipulating
for the extradition of persons accused or convicted
of specified crimes? certain rules are generally fol-
lowed. The principles of these rules are that a
state shoald never authorise the extradition of per-
sons seemed or convicted of political crimes.
Treaties of extradition do not apply to political
offences."

In reality the gross outrage on the rights of
kunmaity of which thagoTarninents of Austria and
&lorry eland eonvieted by the mammal opinion of
the civilised wand—the first for demanding the
extradition of Conti Ladislaus Teleki, and the
serf ad for baselysubmitting to the lawless inhuman
demand—l say this grew outrage on the rights of
humanity, instead of being extenuated, receives
only as additional a. ...atlas from the futility of
the plea which, is dee of facts and. of common
sense, they dare be put up.
It is said in the official orgasm of Austrian bru-
tality and of Saxon dishonour that the Saxon
t was bawd to. surrender Count India-
•Eserleinleenlo. to Austsia—let, in tante of its
federal obligations established by the Federal Diet.
of Germany ; 2nd, because a special treaty exist&
between Austria and Saxony stipulating for the ex-
tradition of criminal', concluded on theleth No-
*ember, 1/114, and published by a miniaterial decree
January 10, 1865.
• Now, that strange antiquated oompound et human.'
nonsense calliel the Federal Diet of Germany may
have] passed, and may pass, most astounding regu-
lations with regard to their own subjects, but )ount
Ladislaus Teleki is not a subject of the Germanio
Confederation : heisailingananyend everyssehool-
boy throughout Nowt knows that Hungwy nei-
ther does nor Iverdid term part of -the Girmanio
Confederation. And ea to the treaty of extradition
of 464, it is a base absolute faltehood to metend
that there is a single word in that treaty which by
any strained interpretation could—l will tot say
jitstifi.—but in the slightest degree extenuatn the
base offence of either demanding or accompliehing
the extradition of Count•Ladislaus 'ldea •

In the case of 114-9 above cited, there was at
least an ambiguous expresaion in an.ancient tasty,
the treaty of Belgrade of 1739, which, exhumed
from amongst the dust of the past,. Austria'could
set up as a pretext to serve her truculent purposes.
The eighteenth article of that treaty contains the
stipulation that " henoeforward it shall be unlaw-
ful to afford asylum to rebellious and discontented
subjects." Nevertheless, Lord Palmerston, true to
the humane principles of modern intesnational law,
categorically rejected that plea, with. the declara-
tion that it would be a strained interpretation of
that article tb construe it to apply to the officers
and soldiers of the Hungarian armies who have
been fighting for the constitutional rights of Hun-
gary against the armies of Austria and Russia"
But in the case of Count Ladislaus Tsleki, not one
IWord of any treaty, whethermicient or modern, aux
be invoked to serve as a pretext.
Saxony, to use the very words of the English
Government, is " deservedly and universally stig-
matised as degraded and dishonoured;" but what
shall we say of Austria, which not only accepted but
demanded, nay ordered, that extradition—demanded
and ordered it after 11 years had passed over the
graves of the noblest and best patriots of Hun.
whom she bad basely and cowardly murdered,
and over the heads of thousands whom she
drove into exile, or left to languish in her loathsome
dungeons, for defending the rights of their coun-
try ; after eleven years she still recurs to her
vengeance, and that too at the very moment when
I trembling on the very verge of the abyss of ipst
retribution she would fain make the world believe
that, repentant of her past crimes, she awns
to restore to Hungary those same constitutional
rights.
But we may trust that she will not be allowed to
trample with impunity on the rights of humanity ;
that she will not be allowed to disregard the• in-
dignation of the civilised world, to which her very
existence is both a nuisance and a disgrace.
. .

I have reason to believe that the Emperor of
the French has already caused an earnest remon-
strance to be addressed to the Austrian goveranient
on the subject; and I trust that the English
government, true to its own antecedents, will not
be found behindhand in asserting the forced those
principles which, eleven years ago, England was
the first to declare and foremost to maintain.
LOUIS KOSSUTH.

THE PERSECUTION IN SPAIN.