The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-18
Do we Need any New ENtradition
Treaties

II is minated that Judge JACKsoN's
recent decision in the ease of HAYNES
"will go very far TO remove the OBJ
stacles which have existed to the ncgo-
tiation of u better and more complete treaty
Of oXtradition between the United States
and Great Britain than that which now
exists" So lar as Judge JACKSON decision
tends to illustrate the true principle arpli-
cable to the construction Of the present
treaty, it, clcct must bc to confirm the
view ON which the British Government has
acted. II Judge JACKSON has rightly inter-
prcted the existing treaty, the question
arises whether there can be- or ought 10 be
IA new treaty that will proceed on u different
principle from the old one.
The first cXtradition convention, which
furnished the model of all tho others
that we have made, was that negotiated
by DANIEL WEBSTER with Lord ASH
BURTON In 1872 and inserted in special
article in the Treaty OF Washington
Of that year II grew. in part, out of a -ug-
ge-tion made 10 Mr.. WrBsrEE 10y senator
WooDBHlpGL of Michigan, who, a. former
GoVcrnorm that state, had had great deal
Of Difficulty To contend with ON account of
the escape 81 fugitivo- from justice across
| the narrow straits of Detroit and ST. Clair
into Canada. The pcrpctrator of crime
| anywhere along n line of II hundred miles OF
| that thlckly settled shore, could in very
short time, in a canoe or skin, remove him.
self into a foreign jurisdiction whore he
would he safe from pursuit. While Michl-
gan remained Territory Of the United
states, aud Gen. CAss was the Territorial
Governor, lie had Il conventional arrange
mcnt with the Canadian authorities, sus-
tanned 10y local legislation ON both sides,
which lossencd the evils considerably. But
| when Michigan became a State, this ar
| rangcmcnt came TO an end, and dangerous
| condition Of things on that border ensuod
| Just before Gen. HARRISON became PrcSi-
dent and Mr.. WEBSTER Secretary Of state,
very aggravated crime was committed in
! Michigan, and the perpctratur, rs usual, cs-
capped into Canada, senator WOODBRIDGE
brought the subject 90 Mr.. WEBsrER's at
tcntion, with u view to having som, apprO-
pirate convention with Great Britain TO
reach this peculiar local difficulty. II so
happened that the previous case Of the Gre
ole was then one of the subjects Of contro-
vcrsy between the United States and Great
Britain This vessel, which was transport
ports 10 another, had been seized by them,
after they had murdered the officers, and
carried into Nassau. The American Consul
made an unsuccessful attempt to bring them
to trial as pirates. They were not demand
ed as fugitive slaves, and as fugitive mutt
ncors and murdcrcrs the British Govern
mont would not surrender them, there being
no treaty for such purposes. In these CIR
cumstanccs, Mr.. WEBSTER suggested That n
convention for the cNtraditiun Of offenders
charged with high crimes would tend great
ly to prevent the commission OF such crimes
and to preserve peace and harmony between
the two countries. at is our DESIRE h.
said, "to establish n fair, just, and we'll
considered rule Tor mutual cNtradition"
Now. what was the wcll-considcreo
rule" that was introduced by the treaty %
lsl92 1t was that certain crimes should be
enumerated in the treaty, and that the eX
tradition should bc demanded and accedr,
, to ON such proof rs would be sufficient e
? hold the alleged fugitive for trial for tina
crime in the country from which he had fled
, If he had been arrested thorc when the crim'
was committed. 1t is obvious that this rnl
would be entirely broken down II cXtradi
| tlons are TO be obtained on charge tina
one crime has been committed, and thcl
I that the party may be- tried for anothe
crime, concerning which no evidence is pro
Y ducod at the time OF the demand. liza noN
/ treaty, recognizing this right Of trial for n
. offence not specified ms the charge on whc
1 the surrender Is to be made, were Ia h
. agreed upon, the consequence would be thu
$ tine forc.sn Government would Inc obliged t
. 4 Ia, flfrlr go Ia tina raul lu