The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1881-08-10
HARTMANN, THE NiHILIsr.
His Demand Upon the state Depart
ment, and How IL was Responded

ment, and How 1t was Responded
TO.
Henry Wehle, lawyer of New York.
and counsel for Leo Hartmann, the Nihilist,
under date of August 5, addressed letter
to Secretary Blaine, calling attention to
remarks alleged to have been made by AS
sistant Secretary Hit, and asking the De-
partment to take some action which will
assure Mr.. Hartmann that his approximations
of arrest and surrender to Russia are un-
founded; that, there being no treaty under
which the Russian government can demand
his extradition--the National Government
having no authority to arrest persons for
alleged crimes not committed within its
jurisdiction--the State Department cannot
inquire and Mas no authority to determine
whether the acts committed by Hartmann
are crimes recognized and punished as such
throughout the civilized world, or only DO
litical acts, which are not considered crimes
anywhere except by the government against
whom they are directed"
To this impudent demand Secretary
Blaine returned the following caustic re-
ply:
DEPARTMENT OF STATE,
WASHINGTON, Aug. 0, 1881.
Henry Wehle, Esq, Attorney-at-Ldw, Men York
SIR: Your letter dated the 9TH instant,
postmarked New York, the 9Th, was re-
ceived to-day. You ask me, as Secretary of
State, to declare in effect that your client,
Mr.. Leo Hartmann, shall have the protec-
tion of the Government of the United States
in case tie extradition shall be requested
by Russia.
l received by the same mail letter from
an eminent citizen of Pennsylvania urging
that this Government should make known
-. l..
in the event of his being demanded by
Russia. In both these communications I
am asked to violate official propriety and
disregard the traditions of the Department
OF State by declaring in advance what
would be the action of the Government in
Hypothetical case involving grave legal
principles and important personal rights.
You might, with equal propricty, address q
communication to the Chief-Justice of the
United States interrogating him as to tho
decision he would render if the case of
Hartmann should come before him on writ
of habeas corpus.
You suggest that it is the duty of the
Department Of State to deliver its conclu-
sion on this case, because one of its assis-
tants is reported, without authority, to
have expressed his own personal views in
casual conversation on tho subject. Would
you regard it as good ground for demand
ing that the Supreme Court should make
an important ruling on Hypothetical case
because the reporter of decisions or United
States Marshal was said to have declared
certain views on the principle involved?
There is no citizen of the United States
to-day, native-born or naturalized, who has
the right to demand from any national
tribunal its opinion in hypothetical case
on the plea that it involves q principle
which might affect his personal rights.
Can you assign any reason why Mr.. Leo
HARTMANN who is not citizen of the
United States, should, the moment he sets
foot on American soil, have the right to
demand ruling from one of the execu-
tive departments of the National Govern
ment upon o question of international juris-
prudence that may affect his personal
liberty when there is no case pending before
the department involving the issue?
A half million immigrants from Europe
will probably arrive in the United States
during the current year. Can you indicate
to me any reasonable ground Oh which
Hartmann should be excepted from out of
that vast number, and the special protection
of the Government vOuchsafed and vOlun-
tarily guaranteed to him in advance of any
case arising in which his name is even
mentioned?
1t may, perhaps, be unnecessary to adj
wise You that the conclusions and decisions
of the Department of State on important
legal and diplomatic questions are not made
prematurely public through the medium of
newspaper interviews, nor in response to
the attorneys of interested parties. am,
sir very respectfully, your obedient SER
want, JAMES q. BLAINE.