The New York herald., 1876-09-08
Why DO We Not Have Now
tradition treaty.

We print another able and learned COM
munlcation from our correspondent "New-
port, in which he discussesithe general sub
ject of extradition and sets forth the equities
which he thinks ought to be observed in o
new treaty. We commend his letter to
that part Of the public which feels an in
terest in the details of the question. 1t will
be Of value in forming the public opinion
by which new treaty Of extradition, If we
are to have one, will be judged. Instead of
following the various points Of our oorre-
spondent with expressions Of indorsemcnt
or dissent we think it will be more useful
to urge upon the two governments the ne
cessity of early action.
There is at present o complete suspension
of criminal justice in the case of fugitives
from either country. This is not
as bad, to be sure, as would be
suspension of the administration of
criminal justice within the jurisdiction of
either. But it is only difference of degree
not Of kind. More criminals are caught
than escape, and hence q paralysis of justice
within country would be greater evil than
the inability to recover fugitives. But they
are evils Of precisely the same nature. To
abolish the functions of all sheriffs and pros
ecuting officers would be tho same thing as
giving free license to any description Of
crimes-a state of things which would be
intolerable. But the destruction of the ma
chinery for the arrest and surrender of fugi-
tive criminals is not absolutely intolerable
only because majority of criminals do not
escape. But with the modern facilities of
intercourse large numbers fly from justice,
and there will be rapid increase of such
cases, especially between contiguous ter
ritories like the United States and Canada,
unless we have new treaty. Hundreds
have been prevented from crossing the from
tier by the knowledge that the law could
pursue them and bring them back for trial
But the abrogation of the Extradition Treaty
without substituting another is a general
notice to every class and description of
criminals that they are safe from punish
ment if they can Cross the boundary. Every
Canadian burglar, forger and cutthroat will
seek refuge in the United States, where the
hand of justice cannot touch him, and every
similar criminal in our States bordering on
the British Possessions will be tempted to
fly in the opposite direction This scandal
Gus and demoralizing state of things should
not exist for q single month between two
such countries as Great Britain and the
United States. Almost any treaty, If its
provisions were clear and definite, would be
better than none, for defective arrange
ment would bring some fugitives within the
meshes of the law.
There are points on which the two govern
ments agree and other points on which they
differ. The wise thing to do, if nothing
better is attainablo, is to make provisional
treaty for three or five years, embodying all
the points Of agreement and affording time
for new negotiations. The pride Of MIR.
Fish and Lord Derby has been enlisted in
their recent controversy. Their successors
in Office will be able to approach the subject
with less personal embarrassment The
dispute between these statesmen related TO
the Interpretation of the old treaty. That
treaty being defnnct it ceases to be of any
practical consequence whether it meant one
thing or the other. The whole subject in
now to be approached de novo. and if the
two governments cannot agree as to per
manent arrangement let them mako tenn
porary one and adjourn further negotiations
until there shall be no pride of controversy
or of personal feeling to be- yielded on either
side. 1t is scandalous to prolong tho present
deadlock and collapse.