The New York herald., 1876-09-08
THE EX7RADIYION PROBLEM
Inconsistent Usages in international
Agreements.
a TREATY IN NEED OF AMENDMENT.
Suggestions for Making the Surrender OF
Criminals Less Embarrassing.

II the Canadian Dominion independent ma
ton with its existing system of liberties and criminal
CODE instead OF British colony, what would the best
interests OF Canadians and ourselves. and the con-
venence OF the governments OF each, require the treaty
arrangements to be between the two for the mutual
extraditions OF criminalsf May not get clearer
view Of the general relations of cxradtion IT, at hrst
approach them IRON that point of view, and
restrict our range OF vision to the 5000 miles OF con-
tcrminous boundary between us and CanadaS II would
be much the to take territorial contact with
Mexico illustration; but there is an advantage in
the OF Canada, for it smplhes the subject to DEAL
In tho beginning. with a country whose system Of
criminal Jurisprudence is like our own.
CRIMINAL LAW is LOCAL.
BY the strict rules OF ancient public law, uninlu-
enced by modern treaty other concessions, tho
United States and Canada would each be little world
in itself Neither would have for its people rights of
travel visit business in the other civil judgments
rendered by the courts OF would not have validity
or consequence In the courts OF tho other and
tracts valid by the laws OF the where made would
not that account be enforced by the courts OF tho
other Neither 1t is easy to could live under such
rules OF political and moral right, and, there
FORE by common consent among Christian
nations, such barriers free law df not
free trade) broken down, that now
the sovereign, the diplomatic agents. the troops and
the other subject its local Jurisdiction The
citizens of one, travelling doing business within tho
confines of tho other claim the protection of
It's laws It's citizens Tho civil mot Grim
ina judgments OF Canadian courts we enforce
courts; IL man and woma married accord
ing to Canadian laws courts recognize tho marriage
valid; If any contract is well made In Canada
We enforce 1t II the parties are properly
before judicial tribunals. But n criminal
judgment of Canadian court do en- force. As
rule We United States, only take criminal juris
dicton of acts done within our own territory but to
this there exceptions. such crimes In our
vessels upon the high seas, piracy the ocean,
and in Isolated cases. have by treaty stipuatons,
gwen consus abroad power restrain and pun
sh for offences committed in non-Chrisiian countries
Certain European nations punish their own sub.
tects, returning home, for offences in foreign
land against their own laws. That have
never attempted Our rulo is that all for
eigners, in Canada for example, subject to its
criminal law. five to tic criminal law
around the neck OF of our citizens in Canada
would subject him at the moment to two criminal
codes Therefore, rule s that all criminal law is
local. and consequence viii not enforce In
territory the code OF Canada citizens
hers. We will ENFORCE a valid civil judgment OF a Ca
madam court, if tho parties properly under
our judicial jurisdiction; but will not enforce
n criminal judgment sentence of Canadian court
We will deal in that way with property, but not with
life liberty and yet, civil foreign judgment,
there is often arrest Of the person to compel satsiac
ton OF that gnent So at this day. Canada and tho
United States Notwithstanding the comfy which exists
between thcm to civil laws, act to criminal laws
without any tho existence Of each other
In tho absence OF special eyradition treaties Wo will
not allow Canada TO arrest soil and carry
hap Has
Of q fleeing criminal must stop tho from
tier And it Is with tho States of
our Union Massachusetts, cannot pursue arrest
in Rhode Island without permission OF tho executive
OF the latter We all know how our federal constitu-
son has dealt with and regulated extradtion between
tho States Why cannot there be such sinp city bo-
and Canada? 1t is agreed in both countries
that the administration criminal law should local;
tha, crimes should be tried in the locality whore
mted and by tho vcinage; that trials the spot
duce to the protection of innocence and punishment OF
guilt and that cxrAdion RENTS the offender to tho
heighborhood OF the crmc which Is the natural forum
lor the administration OF criminal justice.
MORAL OBLIGATION SURRENDER.
1t is much discussed whether independent and
povorcgn State under moral obligation to
der fugitive criminals mot rcbcs) to the State Wherein
and against whose laws, the crime was committed.
srouus and vacl il their opinions b, OF any weight
II THESE modern days, both say that a State should
nther punish deliver tho fugitive but under our
ystem she cannot punish. PuIendorf, on the other
hand declares that the ''liabily which State
iucurs when receives and protects fugitive criminals
rather from special compact than any gen.
erai Obligation 4"
Tho fact that under the English common law, aided
by tho witt OF haboas corpus, a fugitive cannot DO
arrested aud banishcd from tho realm without an en-
abiing law OF Parliament, any more than q criminal
can be there deprived OF his liberty for a crime done
IL England settles nothing TO the moral obligation
resting Parliament to enact the needed laws The
kings OF Franco repeatedly exercised the power Of
surrender prorogativc right and the Sovereign
Spain this day does the whenever In his opinion
the convenience OF Spain permits it, but the modern
tendency of opinion in Europe doubt been put
extradion under legislative control This however only
concerns Distribution power inside tho surreuderng
State for Its convenience, the moral duty
ofsurrcnder As between ourselves and Canada pop
ular would say that ought TO deliver
up the other and that would end the ques-
ton In aspect, but II would remain In another
pcct to influence tho construction 20 be put treaties
when made THIS antecedent opinion, prejudice.
conviction sbou, the abstract duty OF sovereign state,
Independently OF treaty TO deliver up refugee scoun
drels mot rebes has taed not saturated the
OF those IN this country who have sympatnIzed with
LORD Derby In his contention with their govern
Those who look extraiiuon treaty
execution ni a moral duty will interpret its doubtful
sentences IN favor OF the state which has got the feon
into It's hands and thUsc who look upon the treaty
violation of natural law viii, on the other hand. give
the benent ol every doubt tc the criminal
POLITICAL fuGifIYKS.
Tho practical ombarrassine IA extradltion comes
when we deal with asserted crimes. when the whole
population Of tie demanding surronderug state 40
not look upon as lclunies or even iaisdcneanors
This happens nOitlcal rebellion, revolution, cvi!
war or active political prescription, which reaches the
dignity OF struggle between the demandIng state aud
part OF its subjects 1t also applies 10 dcserters from
military There Is dawniug the
part OF moro than one stable aud influential govern
mont that professional political c0nsprAtors are not
public blessings to be treated such but yet to-day,
national asylum Tor political refugees, against de-
liverng their persons to demanding State,
violate the ecclesiastical asylum OF mcdic
days State may retuso PERMISSION to political
copspIratofs to roman within her jurisdiction a
France does Don Carlos; but that Is very different
irom surrentcring MIN 10 spain. No seli-rcspcouns