New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-23
EXTRACTION LAWS.
THE QUESTION OF POLITICAL ASYLUM.

| AND AMERICA
a reporter of The TRIBUNE was directed ia
call on Mr. Sidney Webster to ask whether Mr. Webster
was retained by the United States in 1876 In the case
Oh Lawrence ana what was tho turning Of the dis
| pute between the two Governments in that case
Mr.. Webster replied that he was employed by the
Attorney-Genera and the controversy was
adjusted The leading facts have been fully laid before
Congress and published He could not recall the details
The reporersad that he wished to ascertain definitely
whether or not the Lawrence controversy had any
ing the question Of political asylum and the surren-
der of political refugees.
non, yes said Mr.. Webster, "a good deal of bearing
when came before Parliament, although in the United
States no one certainly not the lawyers regarded that
relation OF the matter"
would you, Mr.. Webster, kindly explain what real
relation tho Of Lawrence held the general subject
ofinternatonal extraditiOn -
"That would be long story" said Mr. Webster.
(Which not many persons would DO interested in"
The reporter explained why he thought otherwise
The existing treaty OF exradtiOn between England and
the United States is most unsatisfactory. and
not easily understand why extradon between the two
countries had not long been put better footing
""ell. then" replied Mr.. Webster 1" go ahead with
your questions as fast you can"
THE DISPUTE BETWEEN ENGLAND AND AMERICA.
why did Great Britain refuse to surrender Law
ronccr
"Great Britain did not refuse. Lawrence was sur
rendered DistrctAttorncy George Bliss sent to Lon
don dozen distinct and separate charges OF Custom
House forgery, but when Lawrence arrived in New
York Mr.. Bliss amazed find that Lawrence had
been extradted only one charge and that the weak
est one. The counsel for Lawrence III New York, who
was the late Mr. Stoughton, fanced that Mr. Bliss in
tended nevertheless TO bring Lawrence to trial on each
OF the dozen charges after another and before long
came protest from the British Government that Law
renee could only be tried the single charge upon
which The surrender ordered. Mr.. Bliss was
naturally annoyed by the trick which he thought
had been played In London, and would give no stipua-
lions or promises. Inc Intervention OF the President
was asked to restrain Mr. Bliss, but II not given.
Judge Benedict overrued demurrer filed by Mr.. Bliss
to a rcjOnder made by Mr. stoughton that intended
TO raise he question of right try any other offence
tnan that set forth In the OF surrender. The
gossip was that The friends Of Lawrence had warned the
executive officers in London who ordered the surrender
ol Lawrence. that they would be sued for damages if
Lawrence should be put to trial any other charge and
hence the rumpus The British Minister IN Washington
pleaded and protested. but the Administration replied
that Lawrence had not been ucd other than
the charge winch the surrender was made. r. how
ever. refused stipulation araigu him the
others Lawrence not arraigned on any otnor
charge"
"Did all the irritation and diplomatic discussion grow
ont u that r.
NO; man named Wins,ow charged with forgery in
Ma'sachus IT,. found in London and arrested for
c1radiion Lord Derby refused to order his surrender
unless the President would stpuatc that he Should only
be trcdu Massachusetts, the charge upon which the
surrender would De made. The President replied that
he had not the power 10 make such stipulation binding
the state Of Massachusetts and he refused T. Wiuslow
SO. AZ erty. and the day President Grant
informed Congress. and said that unless otherwise d.
rected by Col.c,- he should neither demand nor giyo
fhn fft en- .ff.t i Drfst.
Arrested lug.tycs were by each country Immediately
set free"
But how did the demand by England, and the refusal
by gesdeat Grant OF the stipulation not to try any
other than the oh,usc which the surrender might be
made, affect the question Of politica! asylum and Of
pohiica, ofeusesi"
"rne controversy was carried into Parliament Lord
Derby and Lord Cairns. OF the Ministry condemned the
American cOutenuou bat Lord Granville and Lord Sci
borne Of the OppD.iilou upheld #. Those who con
deuu,d the United states In the House OF Lords and IN
TIL Commons PUT Of the. condemnation on the
point that the OF the United states would
open door through which the Uned states could get
political offenders out oil English asylum under the
prefense of oNtradon FOR an ordinary treaty crime like
murderer forgery. The conservative Ministry .ued
that no Ministry England could remain IN power 1t
failed 10 prcycn' the giving up Of political offender
under pretcnse."
But the British treaty was not abrogatedl'
NO. Each country was filing up with fugitive Grim
inas from the other The situation iutoerabe ana
Lord Derby finally give way by Offering 10 execute the
treaty without regard any such stipulation as he had
demanded IN Wmslow's case Winslow's rearrest was
ordered and tie execution of the treaty went be-
fore under c xpecttion OF the successful negotiation
OF a now treaty OF extraditiOn"
"Why has not the new treaty been concludcdl"
"Iu the mdGicof 1877. Roya! Commission on Extra
dition created, consisting Of eleven experts
whom were CockOurn. sr.borne Blackburn Quincy |
Brett. Thcsiscr James F.tzIancs stephen Harcourt
and Torrens. They reported IN May. 1879 I think ami |
carefully considered the question which had divided the
two Governments. well as that OF political offences.
They upheld Mr. FishS cor enton and only asked that
political and local offences b, excepted What does
England care. say they about what becomes, in the
United states. of surrendered murderer, provided he
Is not put trial for pollt!cl. offence"
"TAcn il the two Governments became In accord on
the question. why no treaty concluded 4"
'TnE TRIBUNE must interview in the state
Department In Washington about that II would ne odd
+ IL should turn out that the state Department In lator
lays reversed its own engine, and insisted Lord
Dcrby's contention"
What did Chief Justice COckburu's Commission say
about political oncnccs"
d" As nearly - | remember. II insisted that extra
ltion should embrace al offence, which common
interest OF AL nations TO suppress but the commission
Npicssy excluded offences OF political character.
ou crime Ike assassination or iuceudiarlsm even in
of political purpose, should, however they
,aid, he made c1traditable offence. A political
,neucc' must occur IN open hsurrection, or IN civil
var and the political department Of the Government on
which the demand made must decide the question
pon its executive responsibility. Thai SAID by the
British Commission nearly five years ago"
Has such question ever been actually presented In
his country
do not think So"
"Nor anywhere c-e"
"Noi under modern cxtradtion treaties, SO far as 1
now The ancient treaties OF extradtOn. concluded IN
he thirteenth and fourteenth centuries special
angcments relating exclusively TO particular persons
those surrender was desired 1t not tli the middle
f the last century that extradtiOn treaties covering
crimes in the future began to he general.
hen the distinction was made between ordinary crimes