The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-24
Tho Case OF sharkey.

as good a one again.
Tho Case OF sharkey.
There seems to be some delay about the
return Of SharSey to the United States. The
anticipation that Sharkey would be surrendered
anyhow as an act of courtesy by the Spanish
government was premature. We, as . gov
eminent, have made no demand for the sur
render. We have no such claim upon the
Spanish, and, of course, would not assert it.
Between Spain and the United States there is
no treaty OF extradition, and in the absence Of
such treaty Spain can use her sovereign
discretion without question from us. Mr.
Fish is understood as saying that he would
not make request on the behalf Of the gov
eminent for the return of Sharkey because
this would give the Spanish the opportunity
Of asking from us the return Of Cuban exiles
now here and under sentence OF death in
Cuba. Rather than give the Spanish authori-
ties, in Cuba especially, this pretext, Mr.. Fish
valves the qualification that would naturally
result from the return Of murderer like
Sharkey to justice. Without such request
from the administration the Spanish, no
matter how anxious they might be to oblige
us, would hardly return Sharley. Any APP
plication from the District Attorney or the
Mayor, or even the Governor of the State,
would have no value. Neither of these Off
Gals has any right to address forsign
Power. That right rests alone with the Sec
rotary Of State.
If Sharkey is not returned TO the United
States the reason will be, no doubt, that
our government has not asked it We re-
member the Bidwell case, which occurred not
long ago. Bidwell, an American citizen, had
been engaged in forgery upon the Bank OF
England. lie escaped to Havana. The Bank
Of England used extraordinary efforts to cap
ture him. AS soon as il learned of his es-
cape to Havana the British government at
once, through Mr Layard, the Minister at
Madrid, asked for his surrender. AZ this
time there was no extradition treaty between
Great Britain and Spain. Indeed, Spain, then
a Republic under the Presidency Of CASTELAR,,
had not been recognized. CASTELAR, asked the
United States if there was any objection 10
the surrender Of Bidwell. Mr.. Fish answered
to London, tried and is now in prison for
life. AT the very time when England asked
Tor the surrender Of the forger the Carlists
were maintaining a committee in London TO
find arms and money to prosecute the war
against TIE government. Mr. CASTELAR, might
have asked England to return these Cariists to
Spain to be tried for treason and murder
Just as Mr.. Fish fears that the Spanish will
ask for the bodies Of the Cuban patriots who
are now on our soil should he express a wish
for Sharkey.
There can be no parallel case and we are
surprised that there should be any fear OF such
action on the part Of Spain. No country in
Europe cherishes the right Of asylum more
jealousy than Spain. AZ this very moment
she protects a. refugee from French justice in
the person Of Marshal Bazaine. She would no
more return Bazaine to France than she would
expect US to return the Cubans She regards
Bazaine as political prisoner, just as we re-
gard the Cubans as political refugees. The COM
mon sense Of international law makes the po-
litical prisoner q free man when be passes into
another jurisdiction. But Sharkey is muir
derer-Dot an alleged forger like Bidwel,
but o murderer under sentence OF death. lie
IS the common enemy Of mankind. His Of
fence i as much against the justice Of Spain
Is Of America. To deal with Spain under the
impression that because We ask for murderers
she would demand political refugees is to do
her injustice. There could be no seyerer reHcc-
ton upon the honor Of Spain, and it would
not surprise rs 70 see the Spaniards viewing
il ia something Of this light.
TIE HUNDRED THOUSAND people interested
in public travel will be glad to know that
there is a new ship called the City Of Berlin,
which will do many things On the summer
sea. We print description from our Liver
pool correspondent.
/ SENATOR LORD, in opposing the Removal
bill, wanted % know il any canal officer had
boon found guilty Of fraud or malversation in
Office. We have no doubt that Senator Lord,
as o canal expert knows more about the in
/ corruptibility q canal officers than almost
any of bis associates But then 1t might be
\ just as well II some other Senator would
stand forth as the champion Of their honesty.
i Or, perhaps, it would bc better @ allow it 70
remain an open question until Tue indefati-
gable Governor and his Commission yet
4twa..,,l a. 80 H. yaotfftatfne. 49,