The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1864-06-07
4 sensible View.

1t Is not often that the New York
Herald says a sensible thing but once
in while it stumbles upon the truth,
and publishes it, though we ARE inclin-
ed to think the managers are sorry for
it next day. In commenting Oh the
Arguelles case, il evidently hits the
nail on the head 1t declares that
though opinions and authorities differ
in regard to the legal right of the gov
eminent to surrender alleged criminals
upon demand of foreign Powers unless
special treaty stipulations provide for
the same, some jurists entertain the
opinion that a sovereign Power has
such legal right under international
law, even in the absence of an eXtradi.
ton treaty, while this opinion is com
batted upon very high grounds and up
On very able and competent authority.
It is unfortunate that these ineongru-
Gus views should have been so long suf-
fered 10 exist among nations; for, in
consequence of the want Of any estab-
lished international rule on the sub
ject, many irritating cases have arisen,
even to the danger of involving hostil-
tiles between otherwise friendly Pow
ers Besides this peril there Is also the
danger in our own country, Of creating
a breach or misunderstanding between
the State and federal authorities-an
instance of which IS fresh in the public
mind in the case of the arrest and clan
dsstine extradition to Cuba Of Senior
Arguelles. who was accused of compile
ity in very grave and criminal Of
fence by the Governor General of the
island, and is ere this probably under
going punishment for his crime There
are many good meaning citizens
who are indignant at the agency
of the government in this summary
proceeding, and have denounced the
act as a fragrant outrage upon the liber
ties Of the people, and wanton inva
sion Of the rights Of asylum which it Is
our boast we are ready to afford to the
oppressed of all nations. Every citizen
is rightfully jealous Of his freedom and
indignant at any unlawful enroachment
upon his personal liberty by the feder-
al or any other authority. But in
case like that Of Arguelles, where the
accused is charged with being an ac-
complete in crime stigmatized by
nearly every civilized nation as piracy
an iniquity abhorred by all Christian
nations, and 10 suppress which all such
nations are by international law re
iigionsly bound-in such case we do not
think the government can be held NOR
ally responsible for, or accused Of,
wanton invasion either Of the rights Of
the citizen or oi the immUnities OF
asylum if the criminal be surrendered
upon demand. But in order that such
disturbing questions shall not arise in
the future, and to allay, in q measure,
the excitement already created, we sug-
gest that Congress pass a general law on
the subject, providing that the govern
ment shall have power to surrender
criminals, other than those Of politi-
cal character, upon the request Of the
legal authorities of any recognized gov
eminent with whom We have no extra /
dition treaty covering the ease This, |
we believe, would be a wiser, and in our
present situation very prudent, pro
ceeding; for the less conflicts we have !!
between the federal and State authori-
ties, with their accompanying violence /
of partisan prejudices, the better we
will be able to suppress the rebellion,
and at the same time to present front |
to foreign Powers which they will be
likely to respect Let Congress adopt
the suggestion, and pass the required
law as soon as possible