National Republican., 1883-05-18
More About E,trnhitlnn.

More About ENtrnditlon.
| Apprehensions seem TO exist in the minds
somo newspaper writers that under our ex-
tradition treaty with England her demand
or the surrender of persons indicted in her
ourts for extraditable ofrensos cannot prop.
Irly be resisted by the United States. That
4 to say that II we once admit that
certain offense is one Of those re.
kted in the treaty then we must
lpon the demand of England surrender any
crson against whom an indictment
pr that oilense is found in an English court.
rom this the writers referred to argue that
Hngland may cause innocent persons to be
6ldicted upon tho testimony of hired in.
rmers, and that the United States will be
2mpclled to surrender such persons, although
Nur government may not deem the evidence
gainst them worthy of belief The remedy
nrOposed for this is that the assassination of
ell who have mado themselves obnoxious to
assassins, by their official conduct, shall be
n gardcd as political oGenscs. To this hideous
ctrine wo cannot subscribe Tho murders
Ph@nix park, Dublin, wcro not political.
the first place there was no movement in
Gland to overthrow the existing govern
ent, Mere passive disobedience to law is
ia political movement The assassins were
pt exasperated against tho lord lieutenant;
hoy were only bent upon the murder of
kurke, the under secretary, against whom
icy cherished an intense hatred. Lord
ivendish was butchered because he happened
be with Burke, and could not be allowed to
vvc to tell the tale Of the latter's murder.
lot for men engaged in such butchery does
G right Of asylum exist. If the govern
nH Hcnt of tho United States should bo fur
hshed such evidence of completely with
o Dublin assassinations against any person
Y thin its jurisdiction as would justify the
apprehension and commitment for trial of
u lrsons charged with similar crime in this
oIuntry, then il is not to bo doubted that
h feir surrender would follow. Our extradi-
n treaty with England does not make that
otuntry tho judge of the suficiency of the
NJ toof In such cases. Its language is:
trhe United States and her Brittaulc Majesty
hIll upon mutual requisitions by them, or their
n nistors, officers or authorities respectively
n Ide deliver up to justice all persons, who, be-
nl; charged with the crime Of murder, or assault
y tn intent to commit murder or piracy, or arson
,r robbery, or forgery, the utterance of forged
,alpcr, committed within the Jurisdiction of
Ahor, shall seek an asylum, or shall be found
\ hthin the jurisdiction OF the other: Provided,
n lt this shall only be done upon such evidence of
" Amlnalty as according 10 The ld,Ds Of the place
sre The fugitive persons charged shall be found
pI Iud JUSTIN his apprehension and cOmDlitnlsn! for
rNh, u he crime or o6ense hud been committed
aud If on such hearing 0udclal the
,yE Edenoe be deemed sufficient 10 sustain the charge
i ghall be the duty OF the examining judge or
N Hgisrate to certify the same to the proper
xlecutiye authority, that warrant may issue for
IA u surrender of such fugityes.
The magistrate here must first deem the
wi dence sufficient, and the accused would
nj entitled to the same methods of examina-
.i1n as the law guarantees to persons charged
" Ith crimes in this country. The ma gistrate
N bnnot then direct surrender, but can only
20 fifty to the State department that ho deems
thS evidence sufficient to sustain the charge.
Tlte production Of an Indictment found by a
Bi tish grand jury in Dublin would bo given
only such weight as the magistrate thought it
on Titled to. 1t would not be conclusive. The
trlaty, as above quoted, and the act of con-
ard lss providing for extradition, throw around
eylry accused person the same shields as are
prbvided in cases of home offenders. No man
will l be delivered over to England upon any
lesl evidence than would consign him to an
A n lerican prison upon similar accusation.