The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-24
EXTRADITION TREATY WITH SPAIN.

The extradition treaty, signed January 5,
1877, by Caleb Gushing on the part of the
United States, and Ferndo Calderon Col
lantes on the part Of Spain, has been ofllci-
ally promulgated. and Is now part Of the
supreme law of the land. The list of Of
lenses for which alleged criminals may be
extradited is considerably enlarged from
those provided for in treaties with other
countries, and it is provided that persons
charged with the following crimes in one
country and fleeing to the territory of the
other and found in its jurisdiction shall be
delivered up murder; attempt to commit
murder rape; arson piracy or mutiny
burglary. whether in dwelling house,
bank, office of an insurance company, trust
company, or of the government or public
authorities robbery from the person: for
gerry at common law, or "the forgery OF
" Justification of the official acts of the gov
" ernment or public authority, including
" courts OF justice;" counterfeiting of mon
ey-whether coin, paper or bank bills, cou.
pons or other instruments of public credit,
or seals, stamps, dies and marks of the
state or public administrator embezzle-
ment of public funds by public officers or
depositaries, or of the funds of an employer
by employees and for kidnapping, which
is defined to be the detention of person ID
order to exact money, or for any other un-
lawful purpose.
Having defined the crimes for which ex-
tradition may be demanded, it is provided
that no persons shall be surrendered for
crimes committed previous to the ratifica-
tion of the treaty, 20 thai II Tweed had moi
been surrendered when he vas, he would
have found safe asylum. In Spain. The
bars, moreover, are 10 pui up itat Sharkey,
the New York murderer who escaped after
sentence of death had been passed on him,
is safe so long as he remains in Spain OF
any of its dependencies. The United
States, too, is placed in position where
she will be under no obligation to return
the favor granted by Spain in the surren
der Of Tweed-which is a wise provision
in that it relieves the country from the pos
slble danger of being compelled TO choos,
between decent regard for reciprocity OIL
the one hand, or a strict adherence to tn
letter, as well as the spirit, of the laws OF
the other.
The treaty provides, as all other extra
dition treaties do, that no person shall b
surrendered for political offense, an,
that no person surrendered shall be trie
for political offense committed prior +
his extradition. We wonder if that wis
United States court of one Of the NeN
York districts will decide, as it did ono
before, that this is a matter which the gen
eral government has no control over, an
that if his court once gets its clutches on
man he will try him for what offenses h
pleases regardless of the general govern
ment, extradltion treaties, or anythin
else? If this court understands himsel
and she think he do" what's the use o
this clause ? But perhaps the judge, whe
he is older, will be wiser.
The United States, in this treaty, virtu
ally concede the soundness OF the positio
assumed by Great Britain In the Winston
case, perhaps liberalized somewhat, by pre-
viding that no person shall be tried for an
offense or crime "other than that for whic
he was surrendered" unless such Grim
be one for which he might have been extra
dited under the provisions Of the treaty.
1t is further provided that neither gov
eminent shall be bound to deliver up on
of its own citizens or subjects under tn
provisions of this treaty. That is to say
that citizen or subject Of Spain, Cuba
for instance, may come to this country
commit murder, arson or other crime. re
turn to Cuba, and when once there he shal
be safe from arrest and punishment. /
citizen from the United States committing
crime in any part OF Spain would, also
be safe on his return TO this country. Thi
is about the only Objectionable feature II
tho treaty, but is, after all, only a refusa
to concede the right of arrest and extradi
tlon In such cases-the right not having ex
lated prior to the execution of the treat,