Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-07-14
EXTRADITION,
What Earl Derby Has TO Say I'm Reply
30 Secretary Fisl-A New Treaty
Proposed.

LONDON, July 13.-The correspondence
on the eKtradition treaty has been pub
lished. Earl Derby, in his note, Bsys
the essential principles OF extradition, as
prscttced by England, are that the per.
son surrendered on an eKtradition treaty
can be tried on no otfense except the one
Tor which ne is surrendered. This is the
proper constructioEi or the treaty of 1912
her m@J-sty's government thinks the
acs OF 1870 is iI.poHtant, bat without it
would maintain the same position. The
government maintains the right of
asylum until the criminslty, according
to the laws Of England, is shown. This
applies simply in the case OF political
Ofensss. The great object in requiring
evidence is not merely the establishing
Of an offense called by the name speci-
fled in treaty, hut the establishing of
an offense of that name according to the
law Of the surrendering country. 1t is to
prevent the surrender on charge
Of crime of an uncertain mean
ing, and the subsequent trial on facts
considered here as establishing politi-
cal otfeDss, and not for the crime for
which the surrender was made. The sur
rendering country must have facts to
judge whether the offense is political.
Secretary Fish's assurance that no adj
ministration care violate the rights of q
political asylum by obtaining the pris-
oner on one charge and trying him for q
political offense is not sufficient, as the
encouragement cannot interfere when
an ofense Is committed against the law
of one State. The act OF congress Of
August II, 1S4S &C. Al, 8. 81, shows the
construction put upon the treaty by the
United States. Lord Derby briefly re-
views the negotiations in 1871, 1872 and
1873, and says that the violation in the
case of EIeilbroun was not the act of her
government, but it regretted
It. The government believes that the
United States is actuated by sincere
desire to maintain the rights, which, in
their judgment, are demanded by the
treaty of 1912, and they wish the same
construction put on Eogland's motives. |
The note deplOres the Misunderstanding |
between the governments, and says that |
the British government is really to join |
the United States in negotiating a new |
treaty.
The Standard this morning reviews |
Earl Derby's note iavorsbly to the Brit |
sh argument, and repudiates the sug- |
gestion that England endeavored to |
enforce her construction of the treaty by
\ menace. The Standard concludes: |
I'VE can see no serious obstacle except
Mr.. Fish's ill-advised t1at'1ctiIlio to i'm
mediate Negotiations OF new treaty.
The common-sense interest and self
aspect of both countries demand 8
peedy arrangement.
The Times reviews at some length
Earl Derby's note. On the whole Sec.
etsry Fish sets ups case not easily to
)e repeiled. 1t is hard to follow him
Win q cordial agreement. We cannot
iismiss the hope that the American
upon a calm review OF the
will agree if new treaty
s to be framed the principles which
secretary Fish was willing to accept in
872, '73 and IA may be taken as ba-
is rather than that for which he now
.rQues go ViQOroUsly