The Hawaiian gazette., 1876-05-24


Some months ago one Rev. Mr.. WinslOw,
who had committed forgeries in Boston, fed to
Europe, and was finally arrested in England.
A demand was made for his return for trial by
the U. S Government, but the British Govern
ment, before giving him up, insists on
pledge that be shall not be tried for any offence
but the one for which he is delivered up. The
reason assigned for this course is an act of
Parliament, passed since the enactment of the
treaty, with proyiso requiring this limitation
in all cases of extradition and the government
pleads that it cannot annul a parliamentary
law.
The plea is plausible, (says a Boston paper
but a slight scrutiny shows its fallacy. No
local legislation can interfere with interua-
tional law. No er posi- flefo law, by single
nation. can release from duties to other nations.
enforced 10y mutual compact. The treaty be-
tween Great Britain aud the United States, Of
which Lord Ashburton and Mr.. Webster were
the negotiators, and which was ratified by both
nations, is now the public law for the two gov
ernments Neither of them can change its
provisions without the assent OF the other.
If either party is dissatisfied, the treaty
may be abrogated. If either wishes to
insert new provisions, or TO guard against per-
lis unforeseen, changes may be,,nade by mutual
consent. But while the treaty stands, with It's
original compact unchanged, il is breach Of good
aith, tc which hard names may be spilled, ii CON-
plauce Is refused with its obligations Parliament
has right TO NEEDLE with 1t than the Sultan
OF Turkey or the CLAr Of Russia Tue treaty is In
full force, until it is abrogated. The English gov
eminent, therefore is without excuse before the
world, if il refuses to deliver up Mr.. WinsloU
The new law was passed by Parliament 10 shield
political offenders. Great Britain has always con
cedsd the right Of asylum to refugees. Exiles from
satioDal boast, and she Is rightly jealous OF any in
fringement on the old privilege. II might be pos
siole for continental nations to frame criminal
charge against some refugee, and demand his extra
dition; and, after recovering him, to institute
trial for treason. To guard against such peril
Jet is 10 guard political offenders against the
schemes of their own governments TO reach and
punish them.
The spirit Of the law is good, and there could be
no harm in inserting it into the treaty with the
COlted States, Is mobilization OF the extrsditiOn
act. Bat no such peril is involved in the Wiusl0w
case He Is charged with political offences, nor
in any possible emergency, can he be subjected 10
political trisL he has been guilty of frauds and
forEeries, which crimes amenable to law in
England, no less than in the United States The
interests Of society 10 both realms demand bis trial
and punishment Il Is, therefore, act of folly on
the part of the British government to shield Grim
insl BY Law which vas never designed for such
purpose aud to defeat justice in the interest of red
tape Il Is not only 4 violation of good faith, in
breaking sacred treaty, pretence Of adherin. to
local laws, but Il Is perveTtiug the local law ITSELF
By applying 1t to ends for which il was never framed.