The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-09

Secretary Fish ON the Extradition
Mr. Fish's long despatch, which we print
this morning, is even greater ''sockdol-
eyer" in its way than President Grants re-
cent Message in reply to the inquisition of
the House into his absence from the seat OF
government The two documents resemble
each other in crushing array of facts which
renders the opposing opinion ridiculous
but Secretary Fish has outdone his chief in
handling this most effective OF controversial
weapons Mr.. F;sh's answer to the British
demand is r<ponse sans rfpliq,,e, or, at
least, we do not see how any pos
sible ingenuity can even blunt the i'm
preston it is calculated to make. 1t
puts the British government SO palpa-
bly, in the wrong that the despatch
must produce an explosive effect when
it comes to be read in England. 1t
will give such a handle to Mr.. Disraeli's
adversaries in Parliament that it may lead to
the overthrow Of his Ministry, already weak
ened by other blunders. BE that as it may,
Mr.. Fish has demolished the British pre-
tence as to the meaning of the treaty Of 1912
as completely as any unfounded pretence
can be demolished by facts and argument
The language of the treaty is plain enough,
but it SO happens that it has been judicially
construed by 50 many tribunals and SO many
able experts in this branch of public law
that Mr.. Fish has tremendous advantage
in the argument beyond that which he would
possess if this point were now raised for the
first time and he were not supported by great
body Of adjudications and authorities. The
ingenuity of astute criminal lawyers retained
by the defence in desperate cases may al
ways be relied on to discover every crotchet
or sophistry which may be turned to the adj
vantage of their clients and it has been ar
gued over and over again in behalf of pris-
oners destitute Of any other defence that
they could be tried under the treaty of 1912
only for the specific offence for which they
wero extradited. This plea, as Mr. Fish
shows has been overruled again and again
by the courts of justice, not only of this
country, but of England, of Upper Canada,
of Lower Canada and of New Bruns-
gives the names of the judges, and the
uniformity of decision among tribunals
so various is conclusive proof that the
treaty does not admit of any reasonable diff
ference of Interpretation. Beside the con-
currence of enlightened and responsible
>f IT. E:.l l.
mony of almost equal weight. This subject
was Investigated several years ago by an able
committee of Parliament, who summoned
before them the most skiiful experts in this
branch of inquiry, and on the point in ques-
ton the same view was held which has been
by the tribunals of Great Britain
and her North American provinces, as well as
by the courts and law officers of this coun-
try. Beside this strong array of authorities,
which Mr.. Fish recites in detail, he calls at
tention to the fact that soon after the act of
1870 our government addressed note to
Sir Edward Thornton, informing him that it
understood the twenty-seventh section of
that act as excepting the treaty Of 1S42
from its operation, and that our extradition
arrangements with Great Britain remained
on their former basis. As the British govern
ment took no exception to that note we were
entitled to regard its failure to object as
and it is surprising that it now
suddenly rejects all that it has heretofore
assented to on that subject.
What is the motive for this strange somer-
set? We limited at it a week or two since
in so signifcanta way that one Of our contem-
poraries indiscreetly called upon Congress to
investigate us and find out the facts of which
we seemed to be in possession. If Congress
wants to investigate anybody let it summon
Mr. Fish, for it is evident from this despatch
that he is acquainted with the same facts at
which the HERALD limited. He, indeed, ex-
presses himself with the same caution which
we thought it prudent to observe, but the
substance of his limitations is identical
with ours. Referring to the case of Lawrence,
Mr.. Fish says:-"It is supposed that prose-
cution Of these cases might possibly disclose
names on either side of the Atlantic in con-
nection with the alleged frauds not yet
brought before the public. Stripped of its
diplomatic reserve, this is suggestion,
almost charge. that the exposures which
might attend the trial of Lawrence are the
reason for the sudden and astonishing
change Of attitude by the Disraeli Ministry.
When this is proved to be the fact the fall of
that Ministry will be only question of
hours, or, at most, Of days, not Of weeks.
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The Central Park.