The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-11

indiscretion to thank for the disasters that it
VIII bring IN its train.
The Case OF the English Refugee Aiisop-Can
He be Sent Back!
II being generally understood that the Eng
lish stockbroker, Thomas Allsop, who is impli-
Gated in the recent attempt to murder the EN-
peror Of the French, recently arrived in this
country, and il now lying concealed somewhere,
perhaps, moi far from this city, we have thoaght
our readers would like to see the actual test Of
the extradiNoa treaty and act OF Congress I'M
der which the French Emperor is likely to de-
nsnd the restoration Of Allsop al the hands Of
our government. They will be found in another
column; and together with them the curious
reader viii discover couple Of characteristic
articles, one from the New York 2ii5MH, the
other from the New York Daily Neus, both in
-isting that Allsop cannot he surrendered under
the treaty.
a discussion on point of this kind is purely
speculative at present; we must take all the
facts alleged for granted. We must assume that
il is true that Allsop ordered the internal ma-
chimes Of their maker OF Birmingham, and other
wise made himself accessory to the crime Of the
Rue Lepelletier; that it is true that he fled to
this country, and is now in concealment here;
and that the French 0iiicers and detectives are
on his track and are likely to catch him. These
points are still, so far as the public knows
matters OF uncertainty: until they are proved
the legal aspect O. Allsop's case will only be
interesting to The curious But, assuming that
these statement Of fact are wei founded, that
Allsop was an accessory to the attempted muir
der, and that be Is here we take il that there
can be no question of the right Of the French
Emperor to claim him, nor Of the duty of
the United States to surrender him On demand
If Allsop bought the grenades or Internal ma
chimes with which the attempt was made as il is
said he did, or If he rendered himself in any
way legally accessory TO the deed he is evidently
One of those persons Of whom the treaty says.
Persons shall be 70 delivered up who shall
bs charged, according to the provisions of this
convention, with any of the following crimes:
10 wit, murder" &c. The persons who were
killed by the attempt Of the Rue Lepelletier
were evidently murdered and the French gov
tradition would evidently accompany the de-
mand with ample evidence Of the proceedings
before the Jo9s dLnstruction, and Of the Oce d0c-
cliSi,o,, &c. How these could be successfully
res.stes does not readily appear.
II is pretended in some quarters that Allsop'-
offence, being aimed at the head of govern
ment, wa. one of those political crimes
which the extradition treaty was not in
tended 10 cover, and whose authors il is the
especial duty Of every free country 10 shield
from vengeance. This error arises froma con-
fusion oi ideas which can very readily be
posed. Political refugees may under certain cir
cunstances, have been the means OF destroying
human life, and yet not be liable to extradition
under The treaty; those circumstances are when
such refugees had been engaged in overt at
tempts. with force Of arms, TO overthrow go
vCrnment or prince Homicide, occurring in
the ieyying Of war, whether foreign or civil, has
never been esteemed murder in the eye Of the
Law; and therefore however insane and hopeless
the efforts Of armed rebels may have been. they
have never been held liable as murdcrcrs for
the lives they took away in the forcible prose-
cution Of their rebellion. Neither would such
rebels be liable to extradition under the United
States treaty with France. But such case rs
theirs is maniiestly very different. in a legal
view, from that Of an individual who takes payt
in dark, treaeherous. cowardly, blndlold at
tempt TO take away liver with the help Of infer
nal machines, and who actually does cause the
death Of Fix or eight persons. Here is no levy
ing Of war; nothing like it. Here is no room for
plea that had the plan been better laid or BET
ter executed the murderers might have
taken the place Of the victims, and loyalty
might have consisted in adherence to
theni-which is the basis and the foundation
Of the distinction between political murder and
common murder: on the contrary, the nature Of
the attempt, the iDfallible punishment Of the
murdcrcrs even had it succeeded, and the pccu-
liarly reckless manner in WHICH the lives Of in
nocent persons were sacrificed, most clearly and
unmistakably range this attempt Of the Rue
LepcllCtieT among the most shocking cases Of
common murder on record, and entirely divest
tic cuiprits from oil claim 20 sympathy or pro
lection as.poiitical conspirators. In their case
politics were subordinate TO murder
IL Is not worth cur while TO devote time or
space TO the correction Of the nonsense which IL
printed in obscure sheets here and there Ia refer
ence to the HERALD. II there be any persy
here SO foolish a. TO believe that this Journal is
The spy Of Napoleon, we do not CAFE Cor the ap-
prosal OF sucl simpletons. w believe that the
governments Vi he empire il about az lawful Us
thosc which have preceded IL for tue past siyty
years, but We do not consider IL one whit mote
lawful than The one which bids fair to succecdit
soon. We shall encourage Obedience to every
detacD government of France because govern
rnent, Vi any kind, is better than anarchy, and
in FRANCE especially, stable government IL &C.
sential TO IL security Of property and indus