New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-08
EYTRADLTLON Practice.

The indictment of three Irish refugees Ivy the
Dublin Grand Jury has furnished the American
press with fresh topic of current discussion.
We are glad to observe this, for although re-
Elections on the specific cases of lyman, Walsh
and Sheridan are premature SO long as no
formal demand is made by the British author
tiles for their eXtraditioD and the evidence OF
their completely in murder is matter OF con-
lecture, yet the general subject is one which
ought to be intcllgently and thoroughly dis
cussed. The United States Government has
taken conspicuous part in influencing anu
sEapipg the recent practice OF nations III respect
TO extradition. English and Continental writ
ers on international law were never able to
agree On tins question, one section Win Grotlus
at its head contending that a Government was
under an obligation to surrender fugitive
criminal to foreign State, and another and
probably larger section maintaining that II was
not question of right, bnt OEly OF comfy. III
n system of definite cOmpacts regula tlng the
practice of the leading Governments of the
world has been substituted for the conflicting
CONGRATULATIONS of international ethics, The
result is to be largely attributed to the practical
instincts of American statesmaDship and diplo-
Government has taken the lead III extradition
practice and while it has set the example for
the nations it has hecn acting in seIf-defence
The land of promise and prosperity, which was
the natural refuge of the oppressed and the I'M
poverished of all nations, was forced TO protect
itself against the criminal classes OF older coun-
tries In order to do this it had To make sys-
tematic arrangements with one Government
after another for the return OF criminals whose
guilt should be established to the satisfaction
of its own tribunals. ExtraditiOn practice
under special treaties iS indeed the most I'M =
portant contribution which American di plo-
macy has made to international law. The prln-
ciples of that practice, therefore, cannot be too
jealously guarded nor too frequently discussed.
The fundamental principle OF modern extra.
dition practice, as defined by Mr.. Wheaton, the
ablest American writer on international law, is
tois "a State should never authorize the ex-
tradition of its own citizens or subjects, or OF
persons accused OF convicted OF political OF
purely local crimes, or of slight offences, but
should con6ne the provision TO such acts as are,
by common accord, regarded as grave crimes"
In several of the extiadition treaties nego-
tiated by the United States political crimes are
specifically excluded, and in practice this prln-
ciple has never been violated. In this respect
English practice is III entire accord with Amer
lean principle England in its ExtradltiOn Act
OF so expressly provides that fugitive
criminal shall not he surrendered for polit-
" ica offence, or if lie prove that bis surrender
" has in fact been required with view OF try
@Ing him for political offence Political ref
ugees have neither been surrendered under
its extIadition treaties nor expelled under It's
alien acts. Even Lord Palmerston, who risGed
his popularity by proposing modihcaton OF
the laws relating to conspiracy, declared IN
Parliament that any demand for the extradluon
or expulsion of political offender should he
met with "a firm and decided refusal" The
| " British Government" he added, I" has never
undertaken to provide for the internal safety
" of other countries. 1t is sufficient for them to
! have the power to provide for the internal
u safety of their own.n The United States Gov
eminent, therefore. is under no obligation to
surrender the Irish refugees, if they are polit-
zeal criminals, whose extradtion is demanded
for crime of common law in order that they
NAV he punished for their political offences
On the contrary, there would be the highest
warrants of English law and the uniform prac
tice of both countries for meeting that demand
with IA firm and decided refusal.
Were the, Phoenix Park murders politica
crimes7 This is the primary question which IL
! to be answered if the extradition of these rel
ugees be demanded, TO answer this question
we have only TO recur to the circumstance
under which the murders were committed,
large number of Irish suspects, including sew
eral members OF Parliament, had been imprls
oned for offering resistance to the Land Act