The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-02
e X r r A DITION
Report of the Royal Commission Of
Great Britain.
A NEW TREATY FORESHADOWED
What England Is Wiling to Concede to
the United States.

To THE EDIroR rRR HBRALD:-
In the summer OF 1876 you were good enough to
print two three nicaIioas addressed TO you
the signature "Newport In respect to the mis-
understanding between London and Washington which
mad grown out OF the extraditon OF Lawrence, who
had been demanded by and surrendered the United
States the charge OF forging sundry custom house
documents. Before he put to trial his lawyers In
she two countries represented 10 the Brush govern.
ment that the District Attorney OF tho United States
IN New York intended 10 Try hm for offences agains,
the federal revenue laws which had not been named
in the treaty. Lord Derby tnereupon directed the
British Minister at Washington TO protest against
such trial. Our Department Of State distinct.
ly intimated that Lawrence would be
tried for any other than tho offences on
Of which no had been sxradited but the dis
cusson slartsd by Lord Derby went iii It took in
nearly the whole subject OF cxsradtion and In effect
ruPtured the sxtrndition clause OF the Ashbur,on
Treaty. Lord Derby pointed to section or the Eng
lsh law OF 1870 which forbade the Crown surrender
a fugitive unless IL arranged that before was
put in JEOPARDY for any other than the extradted
offence should have chance TO return TO British
SOIL Mr. Fish replied that he had demanded Law.
renee under treaty ana United States had moth
ing 10 DO with subsequet English Legislation. The ng
lish Foreign Office would not recede, and even refused
give up other felons subsequently demanded unless
the President would make the required stipulation.
President Grant did, however, his annual message
OF December, 1916, intimate that q treaty would
probably dispose OF the dispute satisfactorily. None
has yet been made.
In the Communications signed ssNewport the writer
veDtured the prediction that whenever English
pubiicsts made an examination dc MORO OF tho whole
subject they would and ought TO condemn the clause
in the British law OF 1870 which gave rise TO tho
woversy, and especially It's application to the United
states. the assigned reasons on which that pre-
diction based were criticised IN CERTAIN quarters
as a breaking down Of the defchces OF individual
liberty, contrary 10 the accepted rules governing
cx.radion, AZ hostile TO the spirit Of the English
mon law, and infringement OF the duty aud right
Of political asylum.
The serious and thorough treatment. ofaoiaI and
popular. which this important topic received In the
United States inspired equally thoughtful con
sideration OF II In England. In August, 1917
the Crown appointed several -nobemcn and
councillors to be a royal commission to Inquire
into and consider the working and effect Of the law
and treaties rcinng to the ex,radition OF persons
accused OF crime. Chiof Justice Cockburn was made
the chairman, aud with him werc associated TOUR
other JUDGES OF England AMI Lord Selborne, better
known as Sir Rounded Palmer, late Lord Oman.
celior, and the leading advocate OF Great Brit.
ain at Geneva With those, among others,
were Sir James Fnzjames Stephen and Sir
Vernon Harcourt, both we'll known by
reputation the United states for the practical scuss
which they have displayed in tho discussions OF inter
national questions For many months Il has been be.
ieved that the coucnsinns reached ~ majority Of
the commission were Ia condemnation OIL U'ausv
in the English law 81 resoutely vindicatsd by Lord
Derby out the report signed TIL the 3oth OF
May last and not presented TO Parliament I'll
lew days ago. They cover fourteen points and every
point raised In the oorrsspendcnce between Great
Britain and the United States. Ten out OF the
eleven coin missioncrs Mr. Torrcus alone dissenting
and no only on one poinD really 20 much
further than the government ut Washington did
toward ridding qu'cky as possible each nation of
the fugitive ieons Of other nations Even reciprocity
Is not INSISTED upon. In the principles and the prac-
tuce which should govern extraduions as between
England aud the United States the Royal Commits
sioncrs quite agree with what was urged In your col.
umns by Newport" They advise that extrudltion
en- brace all offences which 1t is the common interest
% tho two nations 10 suppress, excluding those Of
a political religious and merely local char.
ac,er Tney utterly repudiate the contention OF
Lord Derby as 10 the necessity OF hampering tho
United states he suggested In respect to the Of
fences for winch q surrendered criminal shall 10
tired They adopt the better plan OF trusting I. tho
honor OF each government IN the matter OF political
offenders They advocate arrests BY telegram and
power 10 search premises IN anticipation Of actual ar
rest as is done in local AFFAIRS II cannot we'll be
that there will be serious obstacles In the way OF
new ana satisfactory sreAly on estrsd,.on between
the two grca, English speaking nations since SO wise
and learned com mission has not only Endorsed but
ou,run the views Of government al Washington.
s. ".
TIE REPORT.
The following are the priucipal points OF the 70.