The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-05-05
ABR0GATI0N OF THE EXTRADITION
CLAUSE

The president has caused formal notice
to be given TO Great Britain, that the e5-
tradition claAuse Ras6h for this action is
briefly this. In 1912 treaty was negoti-
ated with Great Britain and duly ratified
providing, among other things, that these
governments, upon proper requisitlon and
proof, should deliver up to justice all per-
sons who, being charged with murder,
forgery and certain other specified crimes,
committed within the Jurisdiction of the
one, should seek an asylum and be found
IN the territory of the other This pro-
vision was distinct and separate from the
rest OF the treaty, it being declared that it
should continue In force until one or the
other OF the parties shall signify its wish
to terminate 1t, and no longer" In 1870,
the British parliament passed general ex-
tradition act, in which'it was provided
that "a fugitive criminal shall not be sur
rendered to II foreign state unless pro-
vision Is made by the law of that state,
"or by arrangement, that the fugitive
criminal shall not, until he has been re-
stored or had an opportunity of return
" ing to her majesty's dominions, be de-
tanned or tried in that foreign state for
any offense committed prior to his sur
render other than the extradition crime
proved by the facts on which the sur
render is granted" The object of the
law is obvious enough; it being to prevent
the extraditlon Of an alleged criminal on
the charge of murder, forgery, or other
crime mentioned in the treaty, and, iuris.
diction OF his person being so obtained, his
trial for political offenso or for an act not
regarded as crime in Great Britain.
Winslow, after, as it is alleged, forging,
and uttering large amount of forged
paper, sought an asylum In England. where
he was found, arrested, and proceedings
Instituted for his extradition. One Law
renee had, few months before, been ex-
tradited on the charge of forgery but, when
returned to this country, placed on trial
for smuggling, crime not recognized by
the treaty and SO Great Britain, being
naturally trifle suspicious, refused to sur
render Winslow unless congress should
pass law containing the guaranty required |
by the English extradltion act, or the pres.
ident should give assurances to the same
effect. This the president refused to do.
or 10 call upon congress to do, and Wins |
low Is to be discharged, and notice given by |
the president Of the abrogation of the ex |
tradition clause of the treaty.
When the request of Great Britain was |
first made public, we said "It NAV be !
" that In order to guard against thls'-that
10, the trial OF person for a political Of |
Tense or tor crime other than that Cor |
which be was extracted" notice must |
" be given to terminate this clause and |
" then negotiate new treaty but 1t |
" seems to us that 1t would be perfectly |
4" competent to accomplish the same result
" by concurrent legislation" The pro-
priety Of such modification, it seems to
us, cannot be questioned. 1t is only doing
that which the several states repeatedly |
did, without any law, in tho old days of |
slavery. 1t Is accomplishing by law. that
which Judge Harrington accomplished by
deciding that tho requisite proof of title to
\ slave was "a bill OF sale from God Al
:" mighty" Tho idea that congress could
not settle tho matter by legislation seems a
Vlas absurd, when the constitution pro-