Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-30

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the Southern rebels, and in the case of the
yellow fever introduction threat IN 1860.
The complaint of the United States In the
! case of the Canadian manufacturers of
% Greek fire." to be used against our citi-
zens committed this Government, if there
was need for it, to the doctrine already an
nounced and which is exemplifed in the
present dynamite conspiracie5. The Ala
bama case settled the principle that we
cannot relieve ourselves from responsible
| ity by pleading that our laws do not en-
able us to interfere If our laws are insult
| fcient it is our bounden duty to provide
laws that will enable us to answer all
lust demands that may be made upon us.
| The United States Courts now have not
the power to punish for dynamite conspir-
acv, because there is no Act of Congress
declaring such an ofiense to be criminal.
| The Constitution itself does not so much as
refer to the offenses of which it is charged
| the dynamite conspirators are guilty, nor
do the provisions of the Neutrality Act
meet the case. There is one Act, intended
to protect life and property on ships, that
prohibits the shipping of certain explo-
sives, and this partly serves the purpose of
awning the dynamiters. But at best it is
not such law as the developments of the
times demand Our extradition treaty
does not include extradition for conspiracy
to commit murder, though cases have oc
Cured where criminals have been extra
dited, though the crime charged was not
in the treaty category. But it is held
that nation is not bound to furnish asy-
lum to criminals "who are offenders
against the human race" as Mr.. Seward
replied to the United States Senate in the
case of Arguelles, whom we surrendered to
Spain. Spain herself sent back to us VIM.
NJ. Tweed, though there was then no ex-
tradition treaty between the United States
and Spain. The dynamiters are offenders
against the human race. They are not
waging war against a nation, in plotting
to blow up houses and railways but are
conspiring to murder men, women and chill
dren who cannot be held responsible for
the acts of the English Government. 1t is
conspiracy against humanity 1t is not
political scheming, but murderous plotting.
Mr. Lincoln, in a message to Congress,
declared that it is the power and duty Of
the Executive to exclude enemies of the
human race from an asylum in the United
States, and certainly the dynamiters fall
within that declaration. If, then, our
Government has it brought to its attention
that certain men are plotting as stated, it
is moral obligation incumbent upon it to
detect and surrender the infamous wretcheS,
provided the doctrine of Mr.. Lincoln is
good. But Professor Rogers believes it is
not sound, and that our Government has
no authority to deliver up criminals ex-
cept as provided for by treaty, and the
action in the Arguelles case is deemed to
have been "an enormous usurpation of
power
Professor Rogers concludes, as it seems
to us all Just men must hold, that it is a
duty we cannot honestly avoid, to so
amend our neutrality laws as to make it an
ofiense against the Government of the
United States for any one within our
boundaries to conspire against the lives
and property of citizens of a foreign State
Our extradition treaties also should in
clude among extraditable ofenscs that of
conspiracy to murder We may properly
give political offenders asylum but having
sought it they should not be permitted to
use it as place for Matching conspiracies
to destroy the lives and property Of the
people of the land from which they fed
If we are to remain the high-minded and
honorable nation we now assume to be, we
must discountenance and turn over to pun
ishment conSpirators of the dynamite class
This journal long ago held to precisely the
doctrine Just sketched. 1t has at no time
had any doubt as to the duty of our Gov
eminent in the premises 1t is a source of
pride to it to know that it was among the
very first to denomce dynamite assassina-
ton as it deserves, and to demand that
laws against it be passed speedily, and be
rigidly enforced. Yet two years have
passed since the open preaching of
dynamite murder on our highways, and
the country is Inundated by the failure of
Congress to remedy the shameful defect of
our laws. A day must come when we will
regret most bitterly this criminal in
activity.