The Evening critic., 1883-05-07

ment.
Our State Department seems to be abso-
lutelv bewildered over the question of ex-
tradition which it will shortly have to meet
face to face. 1T is obviously at its wits end.
Tho country has recently been told, and
apparently on the authority of the State
Department that
na demand is made by the British Minister
for warrants for tho arrest OF lyman and
walsh, on the ground that they arc within the
United States, similar to the warrant already
issued by the State Department that under
sheridan, they Will be issued. Such q pre-
liminary act cannot be avoided. Butin all de-
mands for the extradition of persons charged
with the crime OF murder, as in the case of
sheridan, lyman and Walsh, after the alleged
finding of grand jury, our Government Will
demand that certified copy OF the indictment
shall notQnly be the basis for extraditlon, but
must be supported by attested depositions on
which such Indictments found.
Upon this the New York World sensibly
and forcibly comments as follows:
1t is not to be supposed that Mr.. FrelIng-
huysen Will issue his mandate merely on tho
request OF the British Minister, and In the alb
sence OF any sort OF proof that a charge which
Will hold water legally has been made in Dub
lin against the refugees. 1t Is to be supposed
'copy OF the Indictment" and another copy
''of the dispositions on which such Indictment
was found" shall be presented to the State De-
partmont as basis for the issue of the man
date. In an ordinary case mandate would
be Immediately Issued when those docu-
ments were on the face Of them seen to be
regular. But In the present case the Admin
istration well knows that there is burn
ing question about the political character of
the murder with which the suspects have been
charged. The question is political question
for tho Administration to decide. Most as
surcdly neither the treaty of 1S42 nor Amer
lean law constrains Mr.. Frelinghuysen to Is
dQf IN la rnn pnad tuh thO
application is made, that the ofrense is a
political orense. There can be no mystery In
this business Mr.. Frelinghuysen knows the
condition In which Ireland is and has been
since 1879. he knows what the extraordinary
legislation of Parliament was, enacted against
ireland on February IL and March Q, 1881,
traordinary and radical Legislation Of July
IL, 1882, was, which authorized the
three judges to try without a jury persons ac-
cused Of murder. He has read the preamble
OF the last law, which sets forth why 1t is nee
essary In ireland to authorize the Lord Lieu
tenant to do what would not be tolerated In
America, unless In time OF war-that is, to
take mans life without the verdict OF
Jury. He has heard OF the new law now in
process OF enactment in London. Surely tho
Administration, before issuing Its mandate,
will ask the British Government frankly to
tell the President what the British contention
OF a "politicai ofrense." II the offense shall be
found by the President to be 'politi.
Cdi, why WOrry tH6 country ana the
accused by an arrest and q trial IL
there is not to be an extradition? What facts
bearing on the question of politics can possibly
be developed before magistrate which can
not be Immediately ascertained in a diplo.
matte Conversations The British public and
the American public know the facts, and the
Administration at Washington must be
familiar with them. If the killing charged
was done in civil war or In Instruction,
neither the British nor tho American Govern
ment would tolerate surrender of the
accused. Was the killing, in the present case,
done In furtherance of such an insurrection, or
In furtherance Of any purpose in ireland which
gives a "politicap' character to the offenee?
The general facts are not occult. They are
notorious. The question must sooner or later
be faced and decided by Mr.. Frelinghuysen,
and as yet, amid all its many explanations,
the Administration has given no satisfactory
reason why the decision cannot be made once
for all when the British Government presents
Its demands to MIR. Frelinghuysen. The &C.
cused could only have been accessories, as the
dispositions must show, and the offense Of be-
ing an accessory to a murder is not covered by
the treaty. The treaty was made in 1912, and
II was not till a great many years afterward
that English law made man who was only an
accessory indictable as principal