The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-03-09

clined; and Il b further argued that. BY vir-
tue Of tho law Of nations, Independently Of
any treaty. the President may legally sur
render fugitives from Justice, who have
found an asylum In this country. to another
friendly nation, from whose territory they
havo fed, and whose Government demands
their rendition.
wo have toinquire. therefore, first. whether
the President Of tho United States IL vested
with any general authority to extradite per.
Sons accused Of criminal offences committed
in other lands by virtue Of the doctrine OF
comfy between nations, which is said to be
part Of international law; and, secondly.
whether he has any such authority. 80 far az
American citizens are concerned, under the
existing treaty with Mexico.
The Secretary Of State has answered both
these questions In the negative. and we think
he has answered them correctly.
We believe there is only one instance In
which the United States Government has ever
exercised the power OF surrendering an al
legged fugitive from justice. In the absence Of
an express treaty provision requiring such
action. This was In the celebrated case Of
ARGURLLEs. q Cuban official, who was de-
llvered up to the Spanish Government In
AoOfp Wuou OhWhND W6S ooCK0t6tY VI
State. We had no extradtion treaty with
Spain at tho time, and In giving uD ARaUK1-
LES Mr.. SEWARD disregarded an array OF
legal authorities which seem clearly to
establish the proposition that the Pros
ident has no authority whatever to order
the extradition Of anybody, except under
and In accordance with some treaty stipula-
ton or express statutory power conferred
upon him by Congress. Mr.. EvARTs adopted
this Wow when he was In the State Depart
mcnt, following tho opinions of WRIT, TANEY,
LEGARE, and CUSHING, written when those
eminent lawyers respectively held tho Office
OF Attorney General OF the United States
The weight OF judicial authority Is to tho
Same effect. the Supreme Court Of tho United
States having declared that "the surrender
OF fugitives from justice il matter OF inter-
national arrangement between States, as no
obligation Is imposed by the law of nations"
We conclude, then, that the Federal Gov
eminent has no power OF international OK
tradition aside from that which may DO
conferred by treaty or statute. But is the
President clothed with such authority over
an American citizen by virtue OF the existing
treaty with Mexico? This was tho second
inquiry in the TRIMDLE case. Mr.. FRELINa-
HUYsEN answers 1t in the negative. He says
the treaty confers upon the President no az
frmativc power to surrender an American
citizen. 1t authorizes him to do only what 1t
says no Is bound to do, and should be under
stood as though 1t read "The President
shall DO bound to surrender any person guilty
OF crime unless such person Is citizen Of tho
United States"
The evil OF allowing guilty men to 60 I'm
punished. whether they are American clti-
zens or not, Is obvious. But as the Secretary
Of State remarks, even that result could not
justify usurpation Of power.
Tho release OF TRIMBLE has naturally
aroused considerable dissatisfaction In Texas.
and the Laredo Times says it Is certainly
nice state OF affairs II man can cross from
one side OF the Rio Grande to the other. COM
init crime. recross the river. and be pro-
tected by his own Government. The evil,
however, Is susceptible OF an easy remedy.
for wo soc nothing to prevent Congress from
comforting upon the President by statute
the necessary authority to deliver up GRIM
inal fugitives from Mexico, whenever he is
satisfied that they ought to be surrendered,
under all tho circumstances Of the case.