The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-04

without trial. The decision was placed
upon the ground that under treaty Of ex-
tradition, the accused can be tried only for
the crime named in the warrant of cxtradl-
tion. II is stated that Judge JACKSON, In his
opinion, condemns the course ,of our diplo-
matte agents in the wINsLow case. and re-
CARDS Judge BENEDICT's decisions in the
cases Of CALDWELL and LAWRENCE as bad
law.
when Mr. FISH suspended the operation
OF our treaty with England, because the
British Government would not admit his
doctrine that a fugitive from justice may be
demanded for one crime, and, when extra
ditcd for trial under that charge may be
tried for another crime, he took n position
which was entirely wrong. All jurists are
aware that the cXtradtion Of fugitivcs from
justice depends entirely upon express treaty
stipulations; that the enumeration in n
treaty of certain crimes for which cxtradi-
ton may be demanded excludes the idea Of
getting possession OF the fugitive for one al
legged offence, and then trying him for
different offence. II makes no difference. in
the principle Of the matter, that trial Ia
first had for the offence charged In
the warrant OF cxtradition, and that
then the prisoner Is held for another
offence. The foreign Government has n
right and Is bound to know the pur-
pose for which it surrcndcrs any man from
the protection Of its laws; otherwise there
would bc n wide door open for the seizure
and cXtradition of mon under a false pre-
tcncc of the object for which possession of
their persons was demanded. 1t Is whole
tItpu Tint thfa E.t uslsx .Iu,lpn lna
had the nrmncss to announce and act upon
the true principle. which requires these cN-
traditions to be- made strictly according to
the treat stipulations, and which limits the
power of the demanding Government TO the
precise offence on account Of which il has
obtained the custody of the individual.
Aud what reflection Is this decision upon
the conduct Of Mr.. FISH in the case of
TWEED. who was demanded by Mr.. FISH.
and was surrendered by the Spanish Gov
crnmcnt. under no treaty mt all; who was
surrendered not for trial for any treaty
crime charged upon him in any proceedings
| to obtain the custody of his person, but who
was returned into the custody of the Sheriff
of New York under a Judgment from thecx
ecution of which he had escaped. No ne
count of this fragrant act Of superior physi-
cal force has ever been rendered. from which
the people of this country can Judge OF its
motive. Whether anybody, and who. re-
quostcd the national Administration TO bar
gain with Spain for Il sci2src of TWEED, and
for his delivery on board Of a national ves-
sci, to be- brought over here without any
process of law for delivery to our Sheriff, no
one knows.
What every one knows. however, Is that
| this proceeding has established pre-
ccdcnt according To which the former prac-
| tice of our Government. and the settled
principles of public law, which limited cx-
traditions TO express treaty stipulations,
to Ice executed in n prescribed mode,
and by n public proceeding open TO
| all the world are entirely set aside. Ac-
cording to this precedent the Government of
the United States can make secret bargain
with any foreign power for the seizure and
surrender of any man who Is travelling or
| soiourning in the dominions of that power.
and who happens to have escaped from the
custody Of a Sheriff OF one of our States,
who held him under judgment and cXecu-
tion.
Government of Spain that they did not re-
quire the American Government TO assign
publicly the reasons ON which the seizure
and surrender of TWEED We're demanded. II
was no less discredtable TO our Govern
ment that they did not conduct the whole
of this negotiation in the most public man
ner. The inference is irresistible that tho
negotiation would not bear to be exposed
for as ii was not conducted under any
treaty it could not be- anything hui
an arbitrary act of power, consented To by
Spain for some induccment that cannot b'
mentioned. No good whatever was accom-
plishcd by 1t. As a wandcrer on the face 0
the earth, the moral effect of TwEED's cx
ample would have been far greater than hi'
return by an arbitrary stretch of power
and, as means of compelling restitution O
the money that he had embezzled, his forci
bile return to Ludlow street jail has proved
to be more of an obstruction than "a help