The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-17

| extracts; and it IS not even necessary that we
should be very accurate in our recollection, as 1t
will directly appear that the treaties themselves
are inapplcable Without quoting from, or
abstracting, these treaties, we CLAIM that there
are three answers applicable alike to the demands
Of both countries, respecting all classes OF the refu-
gees There Is also separate answer tor Russia,
| in reference to the Poles alone. We proceed to
| give them
/. The contract contained IN the extradtion
treaties had long since lost its mutually by the
fault Of Russia and Austria themselves, and Tur.
key had the legal right, at any time, TO put an end
10 them Both Russia and Austria had refused TO
stances. as is affirmed and generally believed and
which no one has yet pretended to deny. Turkey
had claimed offenders against her laws, OF those
| two powers, under their respective treaties, at
different periods, and her claim had been denied
They had therefore, the legal right to eoforce the
performance of the treaties, by war, # she had
| been strong enough or, as she was the weaker
power Of the three, she had equally the lega! right
| to terminate the treaties themselves, by similar
refusal In her turn. II takes two parties to make
or preserve a contract lnvlolate.
| II. The refugees were not criminals, in legal
sense. Ii is the opinion OF the mass of impartial
men in all countries and will be the clear sentence
| OF posterity upon Russia and Austria, that lney
| offended against every law, as well as ag inst
reason and religion, in their Infamous aggression
upon Hungary, which country was only in her
constitutional night, IN repellng by force the revo
lutOnary violence OF spectators and enemies. IL
is not possible for the cdsust to distinguish which
|
ing scale OF horror and turpitude. The act of Aus
| tria had all the g'oomiest characteristics of the
worst domestic tragedies; 1t was torture and MUIR
der on the very hearthstone without Justification,
and almost without provocation, but with malice
| and deliberate premedtaton. The act OF Rus
| sra was wanion attack upon strangers In their
| own country, without any provocation whatever,
volunteered, from the wild beasts thirst of blood,
| and the demons fidelity TO that part of human
| nature composed OF the basest passions. Where
The really guilty are easily distinguished, II is
/ IN fhn ant ThA
acted in their sacred rights of self defence, and
stand upon the even stronger law of self preserva-
ton They have been snned agains, beyond the
| possibility Of reparation, and they deserved no re-
! trbuton such the Alliance inflicted by the pri-
son, the axe, and the scafold, in such way as TO
| disgrace the age and race. IL is utter nonsense,
absurdlty, and folly, to claim that the treaties of
extradItlon, even # now subsistng and also binding
upon Turkey, can have application TO the refugees
| Ill. The case OF the refugees is not one eontem
plated by the treaties. That with Austria Is UNI
| deTsood 10 provide for the rendition removal
flom erfrontler that with Russia, for rendition
| or expulsion from Turkey of murderers. robbers,
and SO forth, and for individuals also guilty Of trea
| son but not for whole armies--not for 5 600 mep
or Is 0O0 The refugees are differently estimated.
| Neither party would be bound to employ all its
military forces 10 make arrests for another; nor
TO gorge all Its strenghods with criminals in such
| extraordinary numbers. II was never supposed
| that any such demand would be made, either by
| Turkey upon Russia or Austria, or rice rersa, or
| these treaties would not have been entered into.
| NO power would assume 10 be responsible tor
| Their to such an enormous extent. IL exceeds all
reasonable or supposable International obligation.
If any demand whether criminals shall get away
with impunlty by force of numbers, we re-
| ply, that the moral question is open, and
both parties may give it the legal sanction
| OF new contract, when the case arises.
Bat il is undeniable that 5000 murderers could
| not have been contemplated by an ordinary extra
| ditlon treaty, nor the same number of robbers
| nor could, by parity of admission, the same num-
Der of rebels 1t Is clear, that if such large num-
bers OF offenders escape into either country, the
other is not bound TO deliver them up. This will
| imme diaely appear byreversIng the circumstances
If Turkey had not been already unsuccessful IN
her reclamstions OF CRIMINALS made upon a smaller
scale, there Is no doubt IN the mind OF any man as
to the reception Of her petitions under the treaty
now relied upon, for either Russia or Austria to
charge themsel YES with the rendition Of five
| thousand implicated Mussulmen Ii would be
rejected with scorn aud ridicule, unless, in
| deed, II offered TO those sanguinary powers
unwoned qualification in the extent Of the car
mage, or by he wholesale extermnaton of
Tel ubcans. In such a dilemma, no treaty
would be necessary but 1t is certain that none
exists applicable to any similar transaction. Be-
SIDES this argument conruso, the same question
! may be perhaps better presented TO an American
minister by the argument ad pafriant There is
| an txiradition treaty between the United States
ana England, OF the same nature as those under
| olscussion. II Ireland should revolt, and, with or
without the aid of foreign power, should be
| crushed IN the struggle with the BRUSH govern
ment, after hive thousand patriots had safely
| crossed INC Ausnuc, Goes any man presume TO
| say-does any American, in or nut Of office, for a
| moment suppose that the people of the United
| States would allow these fuqltives to be given
ny by virtue Of a convention applicable TO sol-
| iary criminals only, In Its spirit as well az
| leuer; or, that The officers Of the federal
| government would be so ignorant OF law and dead
| 10 night, as TO dream of recognising the demandl
| lheie can be but one answer TO the question. IL
| would be IN the negative, and unanimous and
| spontaneous, so tar as America Is concerned; and
you have but to reverse its texms insure an lden-
teal reply from England IL is, indeed, only doing
| suptfnuous violence To civilized countries, To sup
pose that go late IN the Christian ara apy such con-
| tIo',rsy conld commtnce mach more live beyond
| the neat OF TIE moment. He must be Russian
rage 10 stand before the world, aud demand for
| The Irnomny OF The scaiold, and for Siberian *.
| lie. oUOO men, either IN the flower or the fruit of
| ih.r nge-the heads and the ornaments of thou.
sands Of households, IN each Of which clsster help
| less women andi1nocent children Doe il need by
| way OF aggravafIon OF this gigantic crime IN YOUR
| eyes, that an American Minister should be the
moral and intellectual ally of the PROSTATE hosts
| uIsn whom IL Is sought TO be contaminated, and
| that against the savage perpetrators he should be,
by his very instincts arfayed In the attitude of de-
iesiston aud cont,mpti They were the butchers
81 y la, were they not who by his ORDER 10 the
krst penods Fl Roman decline, almost two thou
sand years ago, and before mankind were men,
| and when the world was IN ITS infancy-one hun
cred years before that Saviour whose birthday,
We irusi, We are keeping in proper splrit-slaugh-
| tered tM or eight thousand prisoners, while he
| pTonsnaded the Senate. hands behind him, ea-
| Joying the Spectacle The successful attempt TO
p,rpetFate this gratutous murder IN cold blood,
! upon scale less large, by Nicholas aud Jose ph
/ " nhout the damnatIon Of their other crimes, had
been, however, IN old Europe of the nineteenth
century. the greater abvmnaiIon. II the heroes of
| Hungary had been ess prod,gal of their lives in
battle, and 81 their confidence IN imperial faith
Afterwards, the number OF their virtues lad been
t.niold, and their fate the same
" But there is special, and, il possible, more
r. Troat hiul answer 10 the demand oi Russia for
the ,xiraditlcn of the Polish refugees
The treat, with Turkey only bound her, in any
event, To deliver up those who committed crimes
IN Russia, and against Russia; and the co-reative
oblIg aticn At Russia towards Turkey was the
same. But the alleged crimes were not committed
In Russia ~ all, but IN Austria and so were
crimes against Austria, and not against Russia, OF
course. Nohsdy denies this statement, and 1t il
useless To- dwell upon its consequences IL IL a
cruel mockery TO invoke any TREATY. whatever.