The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-02

ar altogether free from difnculty. and 10 most d
the existing treaties stipulation is contained that
fugitive ermisad subsc. OF the state ~ ws ~
crime committed In the other State.
On the whole, we are OF opinion that the stipula.
ton in question IL Unnecessary and inexpedent and
we recommend that 1t should DC omitted In future
treaties. an that endsavors should be made TO have
the Existing treaties modified In this respect.
Tnird-As to the offences which should be the SUBJ
's1. % should embrace all those offences which
IL ~ The common Of all nations 10 suppress
That is to saw oeuces against person and property.
in the latter category cases OF fraud the
burmese Of which is 10 obtain property or money,
pGspcss against the bankrupt laws forgery aud
oIonces relating TO coinage. To these u should be
conGnod to the exclusion OF offences OF political or
Generally speaking. would therefore, decline 10
recognize the susgsstion Of ps.ios, %" .v a.
demand for tho surrender OF person accused OF
what du the absence OF such motiv.) would be an
crdirarv crime unless the act, to which political
chnracrsr was SO ught TO be ascrbed ooonred during
time n, civil war or open insufreciion Cases. how.
vr.,rd.y person accused OF ins,igsted By
naiiticai motive, even though magistrate OF
Judge could not nsp 'na exs'eS
onnsno,sntIv could not discharge the accused
"A Of rirht TO meet this poss'bil.y discretionary
a. favor of the prisoner, should be reserved TO
the government TO refuse 20 deliver up person SO
accused ...s -. noro n..nos.a ~
ali Alliances anaius. local laws and regulations would
excnde laws of purely local interest," such AZ, Tor In.
stance laws relating to military Or naval ssrvics laws
lie officers, police regulations ano the IKE.
fTfM-Ncxt as TO tho quality ana degree OF the
crimes which should be the subject Of extradition
We can see no rational ground for any limitation
n.wo.S aI those lust reisrrsa to- with fcgsrd to ali
Others it may safely be assumed snas gov
offender for merely trivial offence. II 10 equally
re ,sonable TO suppose that an omedner WI, no. Ie
punishm mt due TO offence Of serious character
we would therefore, authorize extrauitloo ID rsspec'
or vii ofIenccs against either person or property In
Sic,nh,e nnder our law without reference 10 the
degree Of criminulity Involved IN tne paruouaf
charge Conhnin. extradition 10 oneness aRa'nss por
son ana property We necessity tor any distinc.
ton between felony and nsdemcanor, or Tor the
selection Of particular offences as alone OF sumc'ent
Importance 10 warrant tho surrender OF criminals.
With view however, to certainty ana precision u
becomes desirable that the offences, IN respect o.
which extradlton may DO claimed, should Do spsc'ned
and enumerated.
!Seventa--A question presents itself whether u
person be surrendc IN respect 81 one extraution
ofopce he should, when transferred 70 the country
claiming him. DO liable TO DO tried for another.
reason why no should not. So far as wo are aware
the main ground hitherto put forward Ior ooJectns
10 such course sas been 'n oSalpsS The surrender
OF criminal on an ordinary charge, might put MN
trial for political onsnce s me olcnc H.
no other case IN which II can oe sus.
rested that a foreign government wouid act
Son ssSrrcnacred ON his trial ia respec. crime
which was NOT tue ground Of extraditon 10 the par
,,rw,ar ,naianoe If thore be another accusation
against MIN IN respect of crime which would prop
erly DO the subject Of extraditon We see no roason
why he should not DO called upon 70 answer " ~
NAV be discovered after surrender that ne party
surrendered has committed some other offence de-
serving OF punshm. mt, or proofs previously wsn"ug,
of s,icn other offence may DO brought 10 light We
SEQ no reason WY under sucR circumstances Tho OIL
len der should escape with impunity. IA.
The proposaI that, before putting the person SUR
pon trial for another extradision snencc,
the consent OF the surrendsring government snoud
bc rrouired seems Objectionable not only as occa-
son,ne sxpcnso and trouble to tho prosecutors but
AS ents,l,ng on the accused detention In prison
whio tho two governments are neeouatng. ~ 'ns
missioner DO ultimately acquitted this might %
serious hardship. Aud lis sole object seems 20 %
to provide aeainst . remote poss'oility oI wrong
which, II the precautions above suggested are 'aAeos
would DO sufficiently excluded