New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-12
PRICE FOUR CENTS.
POLITICAL OFFENCES.

| IN THE CASE OF JOHN sURRATT
| lFRoM THE REGULAR CORRESPONDENT OF THE rRIBuSH.l
WAsHINGroN. May 11.-lf the extradition of
! Sheridan aud Walsh should be demanded for tho
murder of Cavendish and Burke, and their counsel
should set up the claim that this was political
crime. they could bs confronted with one piece Of
important evidence TO which public attention has
not been directed ana which seems to show the in
depreciation placed upon the extradition section Of
| the AshburtOn Treaty by those who framed il.
W hen the treaty was transmitted to the Senate ly
President Tyler. it was accompanied with an es,-
planatory message written by Mr.. Webster, then
Secretary of State. This explained the necessity
for some measure for the mutual rendition OF GRIM
nals in view Of the tact that the British provinces
of North America are separated from the states OF
the Union by line of several thousand miles"
across which passage WAS always easy. The mes
sage then says:
The article the subject in the proposed treaty Is
carefully confined to such offences as all mankind agree
to regard hcinous and destructive of the security Of
ton of crimes the object has been to exclude all political
offences or criminal charges arising from was Or Dtes
llhe cOmno0ns Treason, mlsprson OF treason l0els,
de'eriOn from military service and other offences OF sim
lar Character are excluded.
This official Interpretation of the section under
which Sheridan and Walsh will be extraditcd If at
all. made by the President in whose name The
treaty was anu tDe secretary state WHO
conducted the negotiations, certainly raises the
strongest pTesumption-if it does not amount to
proof-that they would promptly have rejected the
idea that such murder as that of Cayendlsh and
Burke could DO regarded political offence. Mr..
Webster went tar down the list of political
offences as lbels" and "desertiOns" before
CHASING the remainder together as others" 1t is
hardly 10 DO supposed that if he had regarded
murder and assassination as political offences lie
would not have thought it more important to men,
ton these than the minor crimes alluded to.
There is very striking and instructive precedent
on the subject of the extraditon OF az assassin
which has not been recalled thus far in the dscus
sion of the subect-the case Of John H. Surrstt
SurIatt of the conspratOrs with John
Wilkes Booth against the life OF President Lincoln.
This was the charge upon which lie was tried. At
the time of the assassination he escaped from tho
country. went to Europe boa,tng on shDboard Of
his share in the exploit and enlisted in the Papal
Zouayes under the name Of Watson. He rccoG-
nized by fellO soldier, IA Canadian who had seen
him on this side OF the Atlantic, and he privately
admitted his identity. Rufus King was then orr
Minister dt Rome, accredited 10 the Papal Govern
ment, and George 2. Marsh Minister to the Italian
Government mt Florence. The Canadian went 10
Mr. King with his information. There was No
treaty of eNtUadition with the Roman Government,
but when Mr.. King conferred with the Pope and
Cardinal Antonei with regard to arresting Surratt,
even In the absence of q treaty both spoke
fay yorably OF il; and the 10th of No
vombcr, 1856, Suira.t was arrested by the Pope's
express orders, ami in advance Of an application
from the United States Government. Minister King
subsequently reported to Secretary Seward that
Cardinal Antonelli and the Roman Minister OF War
assured him that this was done with the approval
of his Holiness" with view 10 Z" show The dspo-
sltiOn of the Papa Government TO comply with the
expected request of the American authorities"
Surratt escaped from his guards, fled to Alexandra,
and was arrested and held by the American Consul
General under the public law Of that place. hs
admitted himself to he an American citizen and
submitted without objection to arrest upon the
Consuls statement that he was acting for the
United States Government
Now II will hardly be denied that there as more
reason for classng the assassination Of Lincoln as
% political offence than for assuming that he mur-
der of CavendIsh and Burke WAS one Although tte
Confedcates had not been recognized as bell gereais
ii was known to the wCrld that a state OF civil
war existed in America and had not ended when
Lincoln was shot. It is true that Lees army had
surrendered but Johnstons army and others were
still in the field and the very last engagement of
the war-.hat in IeXas-waS not fought until
month after Llncolns death. The assassination Of
Lincoln was not wholly an expression OF deadly
hatred against AN individual. Secretary Seward.
also was attacked and the plot included attempts
upon the lives of several members Of the Cabinet,
and-accordng to recent statements-upOn General
Grant. The design was undoubtedly 10 appal xDd
startle tho North as well as 10 wreak revenge.
Probably the conspII atOTs had some Wild hope that
the plans of the North might be disconnected and
the more desperate element in the South take new
courage to proloug the war. Although the crlme
was detested as earnestly by right thinking people
In the South as in the North. 1t was committed IN
sympathy with the Ecneral plan OF Southern nostil-
tiles and In the midst Ot civil war; Yet with all
these political elements in The crime the Pope was
far from regarding the act as a political
offence y that lie caused the arrest OF one OF thu
couspiIators IN advance of request by orr Govern
ment, and only because lie expected ono. This
was done as a matter of International comfy and
not of international Obligation, because there WAS
no treaty.
In tho dealings of tins Government with Great
Britain, whlteTcr Is done must he as matter OF
international obligation under the treaty, and tho
action must he governed strictly by its terms.
Sheridan and Walsh cannot be surrendered for con-
spracy to murder; but ii evidence upon a charge
OF murder can he made out against them, upon
which they would he held for trial here 10 II absurd
to suppose that their surrender VIII be denied by
tins Government on the ground that the offence OK
which they accused is political IN Its nature.
parallel might te drawn between the eases OF Lord
Frederick Caycndisb and Lincoln which would also
tend to show how weak the claim IA political
offence is Lincoln was shot when the war was
seen to he closing and witl his minc full of mag
nammous projects toward the southern people.
Cavendi-h was killed two da, after his appoint
ment as Chei secretary for Ireland The suspects
had been let out of prison. the Coercion act had
been practically abandoned, and the promise had
boen given that the Land act should be modified.
He was about To enter upon the execution OF .
policy of Cancellation. Just as Lincoln was about
To- begin a mild ana fraternal plan toI the re-
construction Of the Union But the United States
had been rent almost asunder by a civil between
great armies Ireland was not wholly peaceful. still
il was at peace so much the less can the murder
of Cayendish be called a political offence.
SHERIDAN AND WALSHS DEFENCE.
Reuben Carroll maintains his attitude as
conf friend of Mr.. Sheridan" with composlre
General Butler sends him kilograms from Boston, and
General Walker telesraphs him from Washington con-
ali ahnut tho ,stion NJ aNtralitfnu Cnsro