The Sun.
London, England, 1864-04-09 00:00:00

The Extradition of Mazzini,

Can
the extradition of Mazzini from England be
demanded at our bands by the French Govern.
went ? The Law limes of to-day argues in the
negative thus distinctly as follows :—" The Paris
Papers, Particularly the Gazette de France, attach
great importance to this fresh sentence against
azziui inasmuch as they think it enables the
French Government to apply for his extradition, or
at least his expulsion from England. Both, we
may take the liberty of informing the French law-
Yers, are out of the question. The convention be-
tween the
the Queen of this country and the King of
French, of the 13th Feb,, 1843, was, that the
contracting
theiraparties should, on requisition made in
through their respective diplomatic
gents, deliver up to justice persons who, being ac-
cused of the crimes of murder (comprehending the
Crimes designated by the French penal code by the
assassination, parricide, infanticide, and
r°`enning),orof an attempt tocommit murder," com-
Ititted within the jurisdiction of the requiring
Party, should seek an asylum or should be found
within the territories of the other." Accordingly
the 6th and 7th Vict., c. 75,: for carrying the Con-
vention into effect, provides for the surrender of
Persons Who, being accused of having committed
Murder or of an attempt to murder within the
territories and jurisdiction of the King of
the French, shall be found in the Queen's
dominions. The Act omits the words " seek an
I'lltItn" which are in the Convention. Probably
Parliament was jealous of words which have a
political rather than a criminal association. But
there can be no doubt that the Act, as well as the
Uonvention speaks of persons only who commit
'Within the French jurisdiction the crimes specified,
quitting that jurisdiction, flee to, and are found in
the British dominions. If it was from the brewery
Ind from Thurloe square, or any other place in
c)etion, that Mazzini pulled the strings (if he did
at all), clearly he is not a person within the
Convention or the Act.
AS to expulsion from England, unless in the
execution of a sentence of penal servitude, there is
no "en power in the British executive against a Co-
rsi,,,.
ner any more than a native. It is true that in
June, 1848, when there was a fear (groundless
or otherwise) that foreign agitators might combine
.With the ri
eiaartists to overthrow British society, or
the British constitution, which means the same
thing, an Act (11 Vict. c. 20) was passed giving to
k Secretary of State who, on authentic written in-
formation, believed such a step expedient for pre.
,serving the "peace and tranquillity" of any part of
the realm, power to order the removal of any alien.
But that Act was made to continue only to the
etld of the next session, and then expired,
, In case of the existence, and communication
:() the British Government. of evidence showing
British
complicity of any person, whether alien or
zritish subject, in a plot to murder the Emperor,
the only proceeding of which the French Go-
vernment could call for the adoption would be a
prosecution under the 4th section of the Consolida-
tion Act relating to offences against the person :
(24 and 25 Vict. c. 100.)
All persons who shall conspire, confederate and agree to
tcArder any person, whether he be a subject of her Majesty
0°1; 1:1°t) and whether he be within the Queen's dominions
2lot, and whosoever shall solicit, encourage, persuade, or
,fueavour to persuade, or shall propose to any person, to
illlr.der any other person, whether he be a subject of her
aJ9stYor not, and whether he be within the Queen's
dominionsbeing
or not, shall be guilty of a misdemeanour, and
of 'lat,g convicted thereof shall be liable, at the discretion
hot " court, to be kept in penal servitude for any term
bn .roore than ten, and not less than three years, or to
or imprisoned for any term not exceeding two years, with
without hard labour.
311