The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1881-09-01
INTERNATIONAL EXTRACTION.

"a again to New York, and in letter
published in The Herald announced his
readiness to test the question whether
the Government Of the United States
would deliver him up as a fugitive from
Justice, in the event that Russia should
demand him. The crime on account of
which he anticipates such a request may
be made is his participation in the Mos
COW railway explosion, designed to kill
the late Car, but which failed of its di
rect object, yet killed number of other
persons. The ground upon which he
places his exemption from eXtradition is
that the crime is political one, and that
it is contrary to the settled policy of Ma
tions to deliver up persons charged with
such offences. Mr.. Hartman is entirely
correct in the latter Of these propositions.
Whether his crime comes under the cat
egory of political. as understood among
Nations is by no means so clear.
He intended the death of the Gar, for
revolutionary purposes, and in attempt
inc to carry ont his design he caused the
death Of several other persons. Was not
the death Of the actual victims practical
ly MURDER
The Government OF the United States
and that Of Russia have not entered into
any treaty with each other on the subject
Of extradition; and hence in the event
that Russia should prefer a request for
the extradition Of Hartmann, the ques
ton would arise whether the President,
without such treaty, is authorized to de-
liver fugitive criminals to other govern
ments no matter whether the offense be
political or otherwise.
Mr.. Hartmann makes no reference to
this question in his letter; yet should his
extradition be requested by Russia this
would be the strong point of defense in
his case. It is generally conceded that
except as empowered by treaty stipula-
tions, and the laws Of Congress in pur-
suance thereof, the President has no a1,
thority to order tho arrest and delivery
Of anybody as fugitive criminal at the
request Of foreign government. This
opinion, if correct, at once settles the
question in respect to Hartmann, and
every parallel case.
The law of Congress confines all its
provisions to cases arising under extradi
ton +r,natina ona nvnressIv declares thai
these provisions shall be operative only
during the existence Of such treaties
There is no doubt that the President will
the advice and consent of the Senate, has
power to mako extradition treaties witt
other countries. There is not word il
the Constitution or in any law of Con
gress which authorizes the President, il
the absence of an extradition treaty, tc
deliver fugitive criminals to other gov
ernments. Attorney General Gushing
says, Congress derives its power TO leg
islate on the subject from the existence
of such treaty" And if the power Of
Congress be thus derived and limited
then certainly the President, with no law
or treaty giving him the authority, has
no power to order the arrest and delivery
Of fugitive criminal from foreign
country.
The Attorney Generals of the United
States have repeatedly expressed thei
official opinions on this subject, and will
the exception of Attorney General Lee
their doctrine has been that extraditiol
is unlawful unless provided for by treaty
Attorney General fancy said that in thu
absence of such provision, lit has al
ways been held that the President pos
sessos no authority to deliver up the of
fender" Attorney General Gushing said
lit is the established rule of the Unitol
States neither to grant nor ask for TIT
cxtradition of criminals, as between II
and any foreign government, unless ii
cases for which stipulation is made b,
express convention.
The same doctrine has been held b,
the courts where they have had occasion
to consider the subject. Judge Barbour
who became one Of the justices of thu
Supreme Court Of the United States, said
Ct am of opinion that, without treat,
stipulation, this Government in not un
der any obligation to surrender fugitiv,
from Justice to another government fo
trial." The Supreme Court of the Unit
cd States. said ''The surrender of fugi
tives from Justice is matter of conyen
tional arrangement between states, as NJ
such obligation is imposed by the law o
Nations" The Court of Appeals of New
York and also of Kentuckey have takel
exactly the same ground The Acting
Secretary of State in the case of Car
Vogt states the American View: ''Tht
authority of the Executive to abridg,
personal liberty within the jurisdiction
of the United States aud to surrender
fugitive from Justice, IN order that h'
may DO taken from their jurisdiction i
derived from tie otat0teS VI SoLSlcss
which confer that power only IN case
where the United States are bound b.
treaty to surrender such fugitives ant
have \ reciprocal right to claim similar
surrender from another power. 1 an
therefore constrained to decline to com
ply with your request for the surrende
Of Carl Vogt. Thus may be seen th
opinion of the legal minds of the Nation
limits extradition to cases under a treaty
We believe the only exception the Gov
eminent has ever made to this doctrin,
was in the case of Arguelles who wa
surrendered to Spain, in the absence o
any extradition treaty. This case has al